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~Master - May 10, 2022, Regular Meeting of the Ames City Council
AMENDED* AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL MAY 10, 2022 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. If you wish to speak, please complete an orange card and hand it to the City Clerk. When your name is called, please step to the microphone, state your name for the record, and limit the time used to present your remarks in order that others may be given the opportunity to speak. The normal process on any particular agenda item is that the motion is placed on the floor, input is received from the audience, the Council is given an opportunity to comment on the issue or respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of the first reading. CALL TO ORDER: 6:00 p.m. PROCLAMATIONS: 1.Proclamation for “Economic Development Week,” May 9 - 13, 2022 2.Proclamation for “National Public Works Week,” May 15 - 21, 2022 3. Proclamation for “Mental Health Awareness Month, May 2022 4.Proclamation for “Peace Officers’ Memorial Day,” May 15, 2022 PRESENTATION: 5. Presentation of the Terry Bird Outstanding Investigation Award to Detective Adi Johnson 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. 6. Motion approving payment of claims 7. Motion approving Minutes of the Special Meeting of April 19, 2022, and Regular Meeting of April 26, 2022 8. Motion approving Report of Change Orders for period April 16 - 30, 2022 9.Motion certifying Civil Service candidates 10. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses: a. Class C Liquor License with Sunday Sales - North Grand Cinema, 2801 Grand Avenue b. Special Class C Liquor License with Outdoor Service - Octagon Center for the Arts, 427 Douglas Avenue, Pending Dram Shop Insurance c. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales - Casey’s General Store #2298, 428 Lincoln Way d. Class B Liquor License with Catering Privilege and Sunday Sales - Gateway Hotel and Conference Center, LLC, 2100 Green Hills Drive, Pending Dram Shop Insurance 11. Requests from Ames Patriotic Council for Memorial Day Parade on Monday, May 30, 2022: a. Motion approving blanket Temporary Obstruction Permit for closed area b. Resolution approving closure of Pearle Avenue and 5th Street from east of Pearle Avenue through Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for parade line-up c. Resolution approving temporary closure of Clark Avenue from 5th Street to 9th Street from 10:30 a.m. to 11:00 a.m. for movement of parade d. Resolution approving temporary closure of 9th Street between Clark Avenue and Maxwell Avenue from 10:45 a.m. to 11:00 a.m. for movement of the parade e. Resolution approving temporary closure of 6th Street at Clark Avenue and Duff Avenue at 9th Street, as parade moves through those intersections 12. Request from Community Choice Credit Union for The Parc Spring Kickoff event May 20 - 21, 2022: a. Resolution approving closure of the north 150 feet of the alley between Community Choice Credit Union and the Food Truck Parc 13. Resolution in support of the Multimodal Project Discretionary Grant Program (MPDG) application 14. Resolution approving three-year Lease extension for Welch Avenue Parking Lot T 15. Resolution approving License Agreement between Ames Intermodal Facility and Ames Police Department 16. Resolution approving revised Memorandum of Understanding between the City of Ames and Story County to comply with changes imposed by the State of Iowa regarding precinct and ward boundaries 17. Resolution approving the request to join the Mid-Iowa Planning Alliance through June 30, 2023, in the amount of $12,455 18. Replacement of In-Car Computers and Equipment for Police Department: a. Resolution waiving Purchasing Policies and Procedures requirement for competitive bidding b. Resolution approving purchase of Panasonic Toughbook CF33s and associated modems with Keltek, Inc., of Baxter, Iowa, for the Police Department, in the amount of $64,342.44 19. Resolution approving preliminary plans and specifications for 2022/23 Right-of-Way Restoration (Turf Grass); setting June 8, 2022, as bid due date and June 14, 2022, as date of public hearing 20. Resolution approving preliminary plans and specifications for Demolition of the Old Water Treatment Plant; setting June 15, 2022, as bid due date and June 28, 2022, as date of public hearing 21. Resolution awarding contract to Hoglund Bus Company, of Marshalltown, Iowa, for purchase of two new 176" wheelbase low-floor Minibuses for CyRide in the amount of $341,583 22. Resolution awarding contract for purchase of rock salt requirements for 2022/23 Ice Control Program to Independent Salt Co., of Kanopolis, Kansas, in the amount of $79.50 per ton 23. Resolution awarding contract for Conduit Replacement at Southdale and Old Orchard Trailer Park for Electric Services to Communication Data Link of Grimes, Iowa, in the amount of $76,640 24. Resolution awarding contract for FY 2022/23 Brass Products for Water Meter to Core & Main of Grimes, Iowa, in accordance with unit prices bid *Additional Item: Resolution awarding contract for Cemetery Mowing and Trimming to Pitts Lawn & Tree Service of Huxley, Iowa, in an amount not to exceed $51,750 25. Resolution approving contract and bond for 2022/23 Main Street Paver Replacement Program (Kellogg Avenue - Duff Avenue) 2 26. Resolution approving contract and bond for 2021/22 Shared Use Path Maintenance - Little Bluestem 27. Resolution approving contract and bond for 2020/21 Concrete Pavement Improvements Program (Ford Street, Bell Avenue, S. 17th Street, S. Kellogg Avenue) 28. Resolution approving Final Plat for Northridge Village Subdivision, Plat 1, and accept the Letter of Credit for modifications to on-site paving and landscaping PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business other than those listed on this agenda. Please understand that the Council will not take any action on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a future meeting. The Mayor and City Council welcome comments from the public; however, at no time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each speaker to three minutes. PARKS & RECREATION: 29. Project Update regarding Indoor Aquatic Center 30. Downtown Plaza plans and specifications ADMINISTRATION: 31. Resolution approving Neighborhood Improvement Program grant to Roosevelt Neighborhood Association for Pollinator Pocket Garden at 10th & Roosevelt PLANNING & HOUSING: 32. Resolution approving Downtown Facade Grant 33. Resolution approving Preliminary Plat for 5571 Hyde Avenue (Hayden’s Preserve), subject to conditions 34. 2516 Lincoln Way Development Project: a. Resolution approving Storm Drain Easement (for the box culvert) b. Motion initiating Zoning Text Amendment to allow 50% clay brick for all building facades HEARINGS: 35. Hearing on Nuisance Assessments: a. Resolution assessing costs of snow/ice removal and certifying assessments to Story County Treasurer 36. Hearing on Rezoning of 2105 Dayton Avenue from “A” (Agriculture) to “GI” (General Industrial): a. First passage of ordinance ORDINANCES: 37. Second passage of ordinance on rezoning with Master Plan property located at 802 Delaware Avenue from “RL” (Residential Low-Density) to “RM” (Residential Medium-Density) 38. Second passage of ordinance reducing flag lot access width in the General Industrial Zoning District 39. Second passage of ordinance adjusting stormwater utility rates, effective July 1, 2022 3 40. Second passage of ordinance increasing sewer rates by 5%, effective July 1, 2022 41. 3210 Cedar Lane: a. Resolution approving Zoning Agreement b. Third passage and adoption of ORDINANCE NO. 4462 rezoning 3210 Cedar Lane from Agricultural (A) to Floating Suburban - Residential Low Density (FS-RL) with a Planned Unit Development Overlay (PUD) and Master Plan DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: ADJOURNMENT: 4 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 19, 2022 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 19th day of April 2022, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber Corrieri, Rachel Junck, and Anita Rollins. Ex officio Member Trevor Poundstone was also present. Mayor Haila welcomed Tracy Peterson, Municipal Engineer; John Dunn, Director of Water and Pollution Control; and all staff who were in attendance. Mayor Haila noted that the Agenda was amended to remove the first passage of an ordinance adjusting sewer rates. He stated the item will be placed on the Agenda for the Regular City Council meeting to be held on April 26, 2022. Council Member Gartin joined the meeting at 6:01 p.m. WATERSHEDS UPDATE: Ms. Peterson introduced the watersheds update and noted that it had been a collaborative effort. She recognized City staff members in the Public Works Department who work with the water programs before turning it over to Director Dunn to recognize the City staff in the Water and Pollution Control Department. Ms. Peterson introduced Dan Haug, Water Quality Specialist with Prairie Rivers of Iowa, who was in attendance. Mr. Haug introduced the Prairie Rivers of Iowa staff noting the collaboration between the organization and the City of Ames. The watershed boundaries, including the creeks and rivers within the City limits, were reviewed by Ms. Peterson. She emphasized that the watershed boundaries extend beyond the City and County limits. Mr. Haug introduced the Water Quality Monitoring Program. He highlighted the available technologies of Prairie Rivers of Iowa and reviewed the Story County Water Monitoring and Interpretation Plan for 2021-2030. The Plan was put together in collaboration with the City, County, and other local partners. Mr. Haug provided an overview of his current work and highlighted the collection and lab testing of ten streams in Story County. He noted that three of the sites were already monitored by the City of Ames Water and Pollution Control (WPC) Department on a weekly basis above and below the Waste Water Treatment Plant (WWTP). Five other sites within the City limits had been tested for E-coli by Prairie Rivers of Iowa, which was recently changed to include other nutrients. Additionally, ten sites in Story County have been undergoing monthly testing, which includes bodies of water with swimming beaches, such as Peterson Park and Hickory Grove Park. The volunteer effort that made the Water Quality Monitoring Program possible was highlighted by Mr. Haug and he noted the great amount of enthusiasm from Ames residents and Story County residents to be involved in these types of programs. He stated that with the help of the volunteers, there are 38 sites in Story County that have been monitored on a semi -regular basis. Mr. Haug presented the “Volunteer Snapshot” for the Ioway Creek watershed, which extends from Ames to Item No. 7a 2 Stratford. The snapshot included data collection from streams on the same day to generate a picture of where the hot spots are for pollution. Mr. Haug discussed data interpretation and reviewed the findings of the Water Quality Monitoring Program for 2021. He noted that the findings were broken up into the major issues: gulf hypoxia and nutrient loss, nutrient enrichment and algae blooms in lakes and streams, and fish and the insects they eat. He stated that 2021 was a drought year, so nitrogen was low across all collection sites, which means little difference can be seen when it comes to land use and land management. Mr. Haug emphasized that these findings highlight the effects of weather when it comes to making sense of water. He noted that unusually high phosphorus levels were recorded during the drought year. In the findings, most of the sites that had the highest phosphorus levels were below sewage treatment plants. Mr. Haug reviewed the data collected from the site below the Ames WWTP, which helped make sense of the data. He presented a graph that displayed phosphorus concentration versus streamflow before reviewing the importance for the Gulf of Mexico, where little effect was seen. Mr. Haug noted that one concern is effluent affecting creek critters. He stated that data collection from volunteers showed that some of the streams in Story County fell into the danger zone with low dissolved oxygen levels. The bacteria results were reviewed by Mr. Haug. The findings showed that lakes are generally cleaner than rivers. He stated that Peterson Park Lake, Hickory Grove Lake, South Skunk River at North River Valley Park, and South Skunk River at West Riverside Road all met the standard for E-coli. He noted that the E-coli results were similar to previous years. The resources Prairie Rivers of Iowa used to narrow down the sources of bacteria were noted. Mr. Haug stated that samples of stormwater runoff were collected and tested by a chemistry professor at Iowa State University, who located a tracer that is found in laundry detergent. He shared that other common pollutants in Iowa waters, such as pesticides and chlorophyl, were entangled with the laundry detergent tracer. More work is needed on the project because of this entanglement to be able to interpret the data. The other project Mr. Haug discussed narrowed down the bacteria source by matching the data to locations where sewer lining had been installed. Prairie Rivers of Iowa had seen some signs that foam and high E-coli levels are less common in areas where sewer lining projects were completed. Mr. Haug noted that bacteria sources could also be narrowed down through analysis of available weather data. Under low flow conditions, sections of the Ioway Creek and Skunk River showed E-coli exceeding the standard. Mr. Haug noted that Prairie Rivers of Iowa continues to work on disentangling bacteria sources through weather analysis. Prairie Rivers of Iowa worked to gather data that would reveal the influence of streambank erosion and stabilization. According to Mr. Haug, the drought year provided limited data, however; Prairie Rivers of Iowa was able to collect data on stormwater runoff and see the influence of pollutants that are washing off the pavement. Mr. Haug noted that the storm event data showed sediment, E- coli, and phosphorus, in order of magnitude, higher than the baseflow event. He stated that this clearly shows that there are some pollutants that are carried in rain. 3 Through the data collected, Prairie Rivers of Iowa has seen the benefit of the City of Ames stormwater ordinances. Mr. Haug noted that testing was completed at an outfall of a detention pond in the Northridge neighborhood, which yielded very low sediment, E-coli, and phosphorus levels, however; outflow not treated by a detention pond in the Fellows neighborhood showed extremely high sediment, E-coli, and phosphorus levels. Mr. Haug presented a project Prairie Rivers of Iowa worked on with Ames High School students that showed the connection between storm sewers and creeks. He noted that in the data collection, students were able to identity the impacts of fire hydrant flushing on the Creek. He noted that this example highlights the connection Prairie Rivers of Iowa is trying to make in residents’ minds through engagement and outreach to hopefully help all involved address water quality issues. Council Member Gartin asked for Mr. Haug to provide input on whether the type of data collection and research that Prairie Rivers of Iowa does is being done throughout the state of Iowa. Mr. Haug noted that there are watershed projects going on all over Iowa, with the primary focus of these programs being on nutrient reduction strategies often without including an educational component. He shared that, of the cities working on water quality monitoring, there tends to be inconsistencies. Council Member Gartin asked if there is an effort to try to collect the type of data presented on a statewide level. Mr. Haug responded that unless someone locally is working with the data, it does not necessarily get used. It was noted by Council Member Gartin that the City Council became much more aware of the use of lawn fertilizers as development occurred north of Ada Hayden Heritage Park. He stated that there is a Conservation Easement in place that provides significant limitations on what residents in certain areas are able to put on their lawns. He asked Mr. Haug to speak to the City Council members whether they should be thinking on a broader level about the impact of lawn fertilizers. Mr. Haug responded that there would be a few ways to mitigate the issue Council Member Gartin mentioned. He explained that one method could be to review water paths in neighborhoods to identify which neighborhoods may be in need of a rain garden or detention pond. He also mentioned that another option would be to conduct an educational campaign about fertilizer application. Council Member Gartin noted that the City Council would want to start with education before discussing an alternative option. He asked Mr. Haug if the data warrants looking into that type of program. Mr. Haug noted that he does not have a specific answer to Council Member Gartin’s question because it differs greatly depending on the geographical location. Council Member Gartin asked Mr. Haug to work with Ms. Peterson to see if the data indicates a need for an educational campaign; the City Council could then respond by trying to engage Ames residents. Council Member Gartin expressed concern about Iowa’s wells. He noted that Iowa has a high rate of contamination in wells and he asked if there is any indication in that what Prairie Rivers of Iowa is studying has any impact at all on the quality of wells in Iowa. Ms. Peterson noted that it would depend heavily on if it is a shallow well or a deep well. She stated that rural areas that draw from a shallow well have shown to be impacted by nutrients. Director Dunn noted that in the municipal supply wells in Ames, the aquifer formation is a highly reducing aquifer, which means that the nitrates being pulled in from the River are reduced and converted to ammonia by the time they 4 reach the municipal wells. He noted that is a benefit to the City of Ames because the disinfection method used at the Water Plant is chloramine, so the ammonia that is added is needed to get the disinfectant. Ms. Peterson touched on the pond project at Moore Memorial Park as an example of what Mr. Haug had explained. Director Dunn noted that his presentation to the City Council detailed projects that Neal Weiss, Assistant Director of Water and Pollution Control, and his team had worked on. He stated that Assistant Director Weiss and his team were on their way back from Wisconsin where they had toured wastewater treatment facilities that had already made the move to nutrient removal. It was explained by Director Dunn that the projects worked on by WPC are captured in the Capital Improvements Plan project for watershed-based nutrient reduction projects. He noted that the City Council had allocated $200,000 per year for use in the watershed, specifically targeting nitrogen and phosphorus reduction. The other benefits received from the reduction projects include flood mitigation and drought mitigation. Director Dunn shared that WPC is now able to bank the nutrient credits that are received from doing these projects in the Iowa Nutrient Reduction Exchange. A memorandum of understanding was signed with the Department of Natural Resources that allows for the accumulation of credits, so that if at some point in time the nitrogen and phosphorus goals at the WPC facility change, the credits can be used instead of completing an expensive capital improvements project. Director Dunn highlighted the Dotson Wetland project. He noted the project benefits include water quality, erosion control, flood mitigation, habitat restoration, and recreation opportunities. He explained that the watershed-based projects create meaningful partnerships and noted that the design of the Dotson Wetland is being completed by Ducks Unlimited, Story Country Conservation is providing the land, the City of Ames is contributing project administration, and the Iowa Department of Agriculture and Land Stewardship (IDALS) is providing the funding. Director Dunn stated that the wetland will be a 20.4-acre wetland treating drainage tile runoff from 2,200 acres, and the modeling estimate is that it will remove 22,000 pounds per year of nitrogen. He indicated that design plans will be complete in 2022 and construction will take place in the Summer of 2023. Council Member Gartin asked if educational signage will be installed at the wetland to inform users about the project. Director Dunn responded that he is not sure of the specifics of the agreement with IDALS, but believes that signage will be installed. Ms. Peterson noted that the wetland is located near County Line Road off of the blacktop that goes into Gilbert, so it is a very visible location and a lot of people will be seeing it. Council Member Beatty-Hansen asked what the project location was used for prior to the wetland project. Ms. Peterson noted that the land was part of the Dotson Subdivision that Friedrich Properties had been working on. She noted that as part of the approval process of the Subdivision 5 with Story County, negotiations were made for Story County to take ownership of the lower lying land of the Subdivision for the wetland project. The Story County Edge-of-Field Project was presented by Director Dunn. He noted that there are a large number of partners in this project, with the City of Ames serving as the central fiscal agent. Instead of trying to bid project by project for all of the site-specific installations, Director Dunn explained that staff will bundle the projects into one single package when it goes out for bid. He stated that the projects include 25 mostly saturated buffer projects, with a few nitrifying bioreactors going in as well. Director Dunn indicated that construction would begin in the Summer of 2022. IDALS committed to provide 75% of the construction funds, and the other 25% is to be shared between the City of Ames and Story County. Director Dunn discussed the Soil and Water Outcomes Fund. The City of Ames partnered with the Iowa Soybean Association to plant cover crops on 4,000 acres upstream of Ames. Based on the modeling, 120,000 pounds of nitrogen and 7,000 pounds of phosphorus reduction is expected. Director Dunn explained that WPC staff communicated with the Iowa Soybean Association that staff would prefer to put money towards structural practices, so investigation is taking place to move in that direction in the future. The Land Retirement project at Moore Memorial Park was reviewed by Director Dunn. He shared that the ground on the west side of Ioway Creek, that had traditionally been in row crops, will be seeded down into a native prairie mix in the Summer of 2022. The grant received for the project from the Iowa Finance Authority covers the cost to establish the prairie. Director Dunn clarified a question regarding tree removal in the area and noted that very few trees will be removed as a result of this project as the seeding will mostly be done in the old farm fields. He assured that the areas that are timbered will remain in timber. Council Member Betcher commented that she’s heard about reducing nitrates, and to her understanding, as nitrates are reduced and phosphorus remain at a high level, there is a chance to end up with algae blooms. She asked if that was correct and if it was something to be concerned about. Ms. Peterson noted that it depends on the flow of the water; the area of concerns for algae blooms would be detention basins or similar water holdings. Mr. Haug noted that data shows phosphorus only being an issue in lakes and evidence of a relationship with algae blooms has not been seen yet. The Public Works Department updates were covered by Ms. Peterson. The City of Ames was the 15th City to be granted the Iowa River Town of the Year Award in 2021 and Ms. Peterson noted the promotional celebrations and projects that related to the Award. Ms. Peterson reviewed the Low Head Dam Modification Project that was completed in 2017 on Ioway Creek at Lincoln Way. She elaborated on the modifications made to improve recreational safety in the area. Mayor Haila commented that the City Council had received an email from someone who was concerned about signage on the Ioway Creek to inform recreation users of upcoming obstacles, such as dams. He asked if the area Ms. Peterson was discussing would be one 6 of the areas of concern. Ms. Peterson noted that the water does not dive as deep right after the dam due to the ripple pool below it. She stated that staff can work on signage to inform recreational users in the area about that. Director Dunn noted that the email Mayor Haila referred to was about an area farther north up the River and WPC staff has worked with the Public Works Streets Division on installation of signage. The sanitary sewer improvements, which are annual projects that have been worked on since 2015, were presented by Ms. Peterson. She noted the different types of improvements made including spot repair, sewer lining, and manholes. She provided the City Council with a list of the upcoming projects, specifically at Ames High School, Veenker Golf Course, Worle Creek, Dayton Avenue, and Basin 12, which covers the downtown area. Ms. Peterson reviewed the South 5th Street and South Grand Avenue project, which covers a 92- acre watershed. She noted that this wetland project treats the water quality volume and channel protection volume, which leads to reduced erosion. Ms. Peterson discussed the Welch Avenue project, which included the installation of tree trenches and permeable pavers. She stated that the project treats water quality volume for up to 1.25 inches of rain per acre. She shared that City staff is going to continue working to plant and establish the vegetation in the planters. The Homewood Golf Course Slope Stabilization Project, which was an extreme case of erosion, was reviewed by Ms. Peterson. She highlighted the staged approach that was taken to complete the project due to the nature of the slope. Ms. Peterson noted that native vegetation in being established on a durable mat that will aid the slope in remaining stable. Council Member Gartin shared that the recreational trail behind Homewood was frequently flooded after rainfall, but this project had made an enormous difference and provided a tremendous benefit to the uses of the trail. Ms. Peterson agreed with Council Member Gartin’s statement and noted that groundwater seeps were discovered during excavation, which had been the source of the flooding. Council Member Gartin asked to know the cost of the stabilization project. Ms. Peterson replied that the total cost came in just over $600,000. Ms. Peterson presented the Ioway Creek restoration and flood mitigation project, which is currently under construction. She stated that 750 tons of trash was removed from the area, including car parts and tires but not including the buildings that were removed. She noted that the trees that were removed for the project have been used for root wides, furniture, trim, pallets, and homebuilding. Council Member Gartin asked Ms. Peterson what the timeframe would be for the project. Ms. Peterson responded that staff is waiting for the land to dry for final grade and seeding with May being the estimated timeframe. Ioway Creek Brookside Park Project was explained by Ms. Peterson. She discussed the Concept Plan from 2021 and the new Preliminary Plan as of 2022. She noted that after much consultation with river experts the biggest design change included pulling a section of the Creek, where there is a steep slope, into Brookside Park to create an oxbow. The oxbow would take water from the 7 storm sewer that flows through the area and treat the water quality. Ms. Peterson reviewed the project goals and noted that about 75 trees would be removed from private property. She stated that the trees on public property would be analyzed, and any trees removed would be incorporated back into the project for the natural channel design and stabilization. She explained that construction is estimated to begin in the Winter of 2022-23. Council Member Betcher asked for clarification of the location of the oxbow. Ms. Peterson clarified that the oxbow would be just south of Blackwood Circle and Orchard Drive. Council Member Beatty-Hansen asked about the design for potential public access to the Creek. Ms. Peterson noted that the area highlighted on the map for public access would be for recreational opportunities where users could interact with the stream, and it would provide possible water access for kayaking. Ms. Peterson presented the Construction Site Runoff Control Program Tracking data, for both City projects and development. Council Member Gartin asked if there was anything important for the City Council to note from the data presented. Ms. Peterson informed that before an ordinance was put in place, a lot of the sediment issues in city streams were caused by erosion control from construction sites. Council Member Gartin asked if the data listed the number of projects. Ms. Peterson replied in the affirmative. The data for the Post Construction Stormwater Plan Review and Approval was reviewed by Ms. Peterson. She highlighted the planning currently taking place for the Stone Brooke Subdivision. She also noted the Storm Drain Art Project, which will be presented at an upcoming City Council meeting. Ms. Peterson reviewed partnerships and active community programs. She also noted outreach events and upcoming events, including the Ioway Creek Cleanup and Stash the Trash. WATER AND SEWER RATE OVERVIEW: Director Dunn presented the projected balances in the water and sewer fund by highlighting the national and state-wide trends in rates, projected need for revenue increase, revenue needs translated to rates, and an example of projected revenue increases on customers’ utility bills. He noted that, as reported by the National Association of Clean Water Agencies in the 2020 Cost of Clean Water Index, the annual wastewater bill has doubled nationally in the last 16 years. He stated that in the last year of the index, wastewater charges went up by 2.9 percent, and during that same period of time, the inflation rate was at 1.2 percent. He explained that 2020 was the 19th consecutive year that sewer rates nationally have outpaced inflation. Council Member Gartin asked if this increase was caused by deferred maintenance or increased cost of maintenance; or if there was any explanation associated with the increase. Director Dunn noted that the answer is going to be different for every utility; however, the general explanation is that infrastructure assessments come out annually from the Consulting Engineers Council that give infrastructure grades. He noted that he believes the increases are an indication that the industry is reacting to the grades received on those assessments, thus upping the investments made into infrastructure replacements. 8 Director Dunn presented the national average for residential water service before he discussed the Iowa trends. He noted that the data was collected by the City of Ames Water and Pollution Control Department, which is completed annually. Over the past two years, the percent of Iowa utilities serving more than 10,000 customers, 77% saw a rate increase in drinking water and 75% saw a rate increase in wastewater. The pattern of rate increases for the City of Ames over the past five years was reviewed by Director Dunn. Drinking water increased by 3.7% per year and sewer increased by 1.6% per year, on average. He noted that rate increases for drinking water fall in line with the national average and are slightly below the state average, while sewer rate increases fall significantly below the national and state averages. Director Dunn presented another way to look at the rate increase data for drinking water by providing 22 years of data longitudinally graphed in stacked columns. He noted that the City of Ames is at the 30th percentile, based on 2021 rates. Council Member Gartin stated that the data provided was encouraging. He asked if the data were to represent peer communities, how it would come out differently. Director Dunn responded that every utility has a story that can be told by their rates. He presented a graph that showed City of Ames rates as compared to the City of Ankeny and the City of Iowa City. He noted that in the early 1990s, Iowa City had built a new water plant and they had proactively adopted a pattern of rate increases for multiple years. He noted that Iowa City had overshot the mark on rate increases, peaking in 2001, before steadily decreasing its rates. Director Dunn presented the same type of longitudinal graph for sewer rate increases. He explained that the rate increases for each utility depends on what utility has completed a big project recently. The forces driving capital expenses were reviewed by Director Dunn. He noted that on the sewer side, the driving forces are the Nutrient Reduction Modification Project and infrastructure renewal/replacement. He noted that the Nutrient Reduction Modification Project is an intensive capital project. Over the next ten years, the first and second phases of the project will be completed, totaling about half of the total project expense, which is roughly $20 million. The headworks modifications will also be completed in the first phase of the Project, which totals an additional $10 million. Director Dunn noted that if WPC did not complete the Nutrient Reduction Modification Project, there would be other expenses incurred for items such as the trickling filter media (an expense of $8 million), which will be completed as part of the Project. He explained that when the Nutrient Reduction Modification Project is done, the City of Ames will essentially have a brand new Water Pollution Control facility. Director Dunn noted that the Ames Plan 2040 is not driving rates. The City of Ames received approximately $9.4 million from the American Rescue Act fund that are designated to sanitary sewer investments to open new areas for development. Director Dunn presented the Sewer Fund Rate Model with no adjustments to drinking water and sewer rates. He explained that the ending fund balance remains positive until fiscal year 2028-29, however, if the City of Ames waited until then for a rate increase, a back -to-back rate increase of 45% would be necessary. Director Dunn noted that approach does not seem favorable for 9 customers. He stated a pattern of rate increases has been developed to meet debt coverage requirements and meet operating reserve targets, while limiting rate increases to ideally less than 10% at a time. Council Member Betcher asked if there are communities in Iowa that choose to make large rate increases less frequently. Director Dunn explained that approach has become less common, which is in part the reason as to why staff at WPC has decided to complete rate surveys annually. The projected pattern of water and sewer rate increases for the next ten years, based on current data, were presented by Director Dunn. He noted that rate increases alternate for water and sewer each year, so rate increases do not double up the impact on customers. Director Dunn explained that the rate projections are a roadmap, and the City Council will only provide direction on year one, as the City Council typically approves one year at a time so adjustments can be made. Director Dunn reviewed the sewer fund rate model and discussed the Iowa trends for projected rate increases over the next four years. The proposed sewer rate increase for City of Ames customers is five percent, effective July 1, 2022, as shared by Director Dunn. He noted that associated rates and fees would also be adjusted. The high strength surcharge rates; Fats, Oils, and Grease (FOG) rates; and laboratory analysis fees would increase by five percent, and meter setting fees would be adjusted based on actual cost recover. The fee adjustments are planned as part of the City-wide fee schedule adjustment later in the Spring of 2022. The actual effect on a customer’s bill was reviewed by Director Dunn for median-use and high-use residential customers. The recommended action was discussed by Director Dunn. He stated that staff recommends the preparation of an ordinance that would adjust sewer rates by five percent, effective for bills mailed on or after July 1, 2022. He noted that City staff would be prepared for the first reading of the ordinance on April 26, 2022, and the second reading on May 10, 2022, so that the third reading and adoption could take place on May 24, 2022. Director Dunn noted that the Water Plant would be hosting an open house on April 23, 2022. The public is invited to attend the event, which will offer public tours, community engagement, kids activities, and more. Council Member Betcher asked if the entries for the Water Plant Art competition would be on display at the open house. Director Dunn noted that entries are being accepted through August, so they would not be displayed, however; all art purchased from previous years would be displayed throughout the Plant. Moved by Beatty-Hansen, seconded by Betcher, to direct staff to proceed with the proposed five percent sewer rate increase and prepare an ordinance to bring back to the City Council at the April 26, 2022, meeting. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Haila asked Director Dunn how many years the Waste Water Treatment Plant had received a gold star rating. Director Dunn responded that staff submitted for the 32nd or 33rd year. 10 DISPOSITION OF COMMUNICATION TO COUNCIL: Mayor Haila noted that there were two items to consider. The first item is a request from Ron Mowers and Margaret Epplin for information regarding the price of City of Ames sewer services. City Manager Schainker recommended that the City Council refer the item to staff for staff to respond directly to the individuals who requested the information. Moved by Beatty-Hansen, seconded by Gartin, to refer the request regarding the price of City of Ames sewer services to staff. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Haila stated that the second item was from John Wilson regarding active transportation and transit use in the Stone Brooke Neighborhood. City Manager Schainker noted that no action is required on this item. He stated that it could be as early as the City Council meeting on April 26, 2022, that staff would have a report prepared on the particular location. City Manager Schainker noted that he would acknowledge receipt of the communication. Mayor Haila asked City Manager Schainker if a communication was received from Home Allies and if the City Council would see that on an upcoming agenda. City Manager Schainker responded that he had been in contact with the organizer from Home Allies to inform them of the proper way to place an item on the agenda. Mayor Haila noted that item could be referred during Council Comments. COUNCIL COMMENTS: Ex officio Poundstone noted that he will be present briefly at the next meeting to introduce the individual who will be serving as the ex officio to the City Council. Council Member Gartin stated that there are some nights when he is particularly proud of the City of Ames. He noted that in workshops the City Council is able to see the forward-thinking of staff, planning for the future, and depth of analysis. Mr. Gartin said that he thinks the City Council has a lot to be proud of the City staff and noted that Ames residents are well-served by staff. Council Member Betcher thanked ex officio Poundstone for his service and thanked him for helping the City Council connect with the Iowa State University Student Government. Mayor Haila noted that the City Council received an email from a constituent about a bus that has been parked on a residential street, which will be distributed to the City Council in the April 22, 2022, non-agenda packet. Mayor Haila congratulated the Ames Fire Department, for the exciting push-in ceremony on April 18, 2022, for Tower One. He stated that Tower One is an outstanding piece of equipment that has been added to the Fire Department and thanked the City Council for its support of the purchase. ADJOURNMENT: Moved by Betcher, seconded by Junck, to adjourn the meeting at 7:23 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. 11 __________________________________ ____________________________________ Carly M. Watson, Principal Clerk John A. Haila, Mayor __________________________________ Diane R. Voss, City Clerk MINUTES OF THE REGULAR MEETING REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA APRIL 26, 2022 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on April 26, 2022, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Member Trevor Poundstone was also present. PROCLAMATION FOR “ARBOR DAY,” APRIL 29, 2022: Friday, April 29, 2022, was proclaimed as “Arbor Day” in Ames. The Mayor encouraged residents to plant a tree, mulch existing trees, and protect the trees and woodlands by becoming good stewards of the land. There will be an Arbor Day planting at Stuart Smith Park on Friday, April 29, 2022 at 10:00 a.m. Ames residents can receive a rebate for planting a native tree and that information can be found on the City of Ames website in the Smart Watersheds and Rebates area. Accepting the Proclamation was Bob Schumer with Ames Trees Forever. PROCLAMATION FOR “NATIONAL HISTORIC PRESERVATION MONTH,” MAY 2022: The month of May 2022 was proclaimed as “Ames Historic Preservation Month” by Mayor Haila. He asked the residents of Ames to join their fellow citizens across the United States in recognizing this special observance. City Planner Eloise Sahlstrom accepted the Proclamation along with Historic Preservation Commission (HPC) Members, Susan Minks, Rosemary Dale, and Mary Jo Winder. Ms. Minks said HPC was excited for the upcoming year. She explained that there was a new grant awarded to HPC, which will hopefully be adding a new neighborhood to the Historic Preservation Catalog. PRESENTATION OF “A HOME FOR EVERYONE” AWARD: Assistant City Manager Deb Schildroth introduced the members of the Human Relations Commission: Chair Jahmai Fisher, Dr. Chunhui Chen, Vice Chair Wayne Clinton, and Madesh Samanu. Human Relations Chair Jahmai Fisher said it was an honor and privilege to share space with everyone to present the “A Home for Everyone”Award. During the month of April, the Commission recognizes and honors a worthy individual or organization who has made a commitment to providing housing opportunities that enhance the quality of life for members of disadvantaged populations. To be eligible to receive the “A Home for Everyone” Award, the individual or organization must provide housing within Ames. Ms. Fisher stated the word “home” regardless of where people come from should be one that makes people feel safe, loved, and whole. While house and home are not always synonymous, everyone has to sometimes rely on the kindness of others in the pursuit of finding “home.” This year’s Award was presented to Alan Christy. His nominator wrote “Alan has spent many years volunteering his vast knowledge and experience in building and remodeling homes. He has volunteered his time with organizations such as the Friendship Ark, Habitat for Humanity, and Emergency Residence Project.” Mr. Christy thanked the Human Relations Commission for the Award. He said to have an affordable home is to have stability in one’s life. Family relationships will flourish and children will be safe and secure in their new environment, which will make them better students now and better citizens in the Item No. 7b future. Mr. Christy felt there was not a better investment in the community than to support affordable housing. He commented that he has built thousands of homes, but the ones that he is the most grateful for are the ones that he built with the help of volunteers. He mentioned that by honoring his service it is also honoring several volunteers who have given their time to affordable housing through Habitat for Humanity. Mayor Haila announced that the Council was working off an Amended Agenda. City staff had added an item to the Consent Agenda to approve the appointment of the ex officio student liaison to City Council. CONSENT AGENDA: Council Member Gartin requested to pull Item No. 9: FY 2022-23 Commission On The Arts (COTA) Annual Grants in order to abstain from voting. Council Member Rollins requested to pull Item 10: Requests from Ames Main Street for Shop for a Cause on November 12, 2022, and Item 11: Requests from Ames Main Street Small Business Saturday on November 26, 2022, for further discussion. Moved by Corrieri, seconded by Junck, to approve the following items on the Consent Agenda. 1. Motion approving payment of claims 2. Motion approving Minutes of Special Meeting of April 5, 2022, and Regular Meeting of April 12, 2022 3. Motion approving Report of Change Orders for period April 1 - 15, 2022 4. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses: a. Class C Beer Permit with Sunday Sales - Swift Stop #2, 3406 Lincoln Way b. Special Class C Liquor License with Sunday Sales - The Great Plains Sauce & Dough Co., 129 Main Street c. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), & Sunday Sales - Walgreens #12108, 2719 Grand Avenue d. Class C Liquor License with Catering Privilege, Outdoor Service, and Sunday Sales - Mother’s Pub, 2900 West Street e. Class B Beer with Sunday Sales - Jeff’s Pizza Shop LLC, 2402 Lincoln Way f. Class C Liquor License with Class B Wine Permit, Outdoor Service, & Sunday Sales - Bar La Tosca, 303 Welch Avenue, Ste. 101 g. Class C Liquor License with Outdoor Service - Ichiban, 117 Welch Avenue 5. RESOLUTION NO. 22-214 approving appointment of ex officio student liaison to City Council 6. RESOLUTION NO. 22-180 approving Quarterly Investment Report for period ending March 31, 2022 7. Requests from Ames Main Street for Snow Magic on December 2 - 24, 2022: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving Blanket Vending License c. RESOLUTION NO. 22-186 approving waiver of Blanket Vending License d. RESOLUTION NO. 22-187 approving closure of four metered parking spaces within the Downtown from 1:00 p.m. to 8:00 p.m. on December 2 to facilitate pick-up and drop-off of passengers on horse-drawn carriage rides through Downtown e. RESOLUTION NO. 22-188 approving usage of electricity in Tom Evans Plaza and waiver of fees for electricity. 2 8. Requests from Ames Main Street for 515 Weekend on May 13-15, 2022: a. Motion approving Blanket Temporary Obstruction Permit b. Motion approving Blanket Vending License c. Motion approving 5-day (May 12 - 16) Special Class C Liquor License with Outdoor Service for Ames Chamber of Commerce for closed area. Pending Dram Shop Insurance d. RESOLUTION NO. 22-189 approving closure of 41 metered parking spaces within the Downtown area impacted by event activities from 11:00 a.m. to 11:00 p.m. on May 13th only e. RESOLUTION NO. 22-190 approving waiver of parking meter fees and enforcement f. RESOLUTION NO. 22-191 approving waiver of Blanket Vending License fee g. RESOLUTION NO. 22-192 approving usage of electricity and waiver of fees for electricity 9. Requests from ISU Homecoming Central Committee for ISU Homecoming Events on Thursday, November 3, 2022 and Friday, November 4, 2022: a. ExCYtement in the Streets i. Motion approving Blanket Temporary Obstruction Permit ii. Motion approving Blanket Vending License iii. RESOLUTION NO. 22-193 approving closure of portions of Sunset Drive, Ash Avenue, Gray Avenue, and Pearson Avenue from 2:00 p.m. to 6:30 p.m. iv. RESOLUTION NO. 22-194 approving suspension of parking regulations for closed areas from 2:00 p.m. to 6:30 p.m. on Thursday, November 3, 2022 v. RESOLUTION NO. 22-195 approving waivers of Blanket Vending License Fee b. Central Campus Events i. Motion approving Blanket Vending License ii. RESOLUTION NO. 22-196 approving waiver of Blanket Vending License Fee 10. RESOLUTION NO. 22-197 approving the designs for seven storm drains and authorize up to $1,750 in funding for the reimbursement of the cost of supplies for Storm Drain Artistic Painting Program 11. RESOLUTION NO. 22-198 approving request to waive enforcement of the prohibition of motorized vehicles in Ada Hayden Heritage Park (Municipal Code Section 19.9) to allow the Friends of Ada Hayden Heritage Park to provide golf cart tours to mobility-impaired individuals from 8:00 a.m. to 5:00 p.m. on September 12 - 14, 2022 12. Resolution approving Amendment to Lease Agreement with T-Mobile to authorize an emergency standby generator to be installed adjacent to T-Mobile’s existing infrastructure located at the Bloomington Road Elevated Tank (BRET) 13. RESOLUTION NO. 22-199 approving Addendum to Iowa Department of Transportation (DOT) Agreement for TAP funding for 2020/21 Shared Use Path System Expansion - Vet Med Trail (S. 16th Street to S. Grand Avenue) 14. RESOLUTION NO. 22-200 approving preliminary plans and specification for Painting Three Pool Basins at the Furman Aquatic Center; setting May 25, 2022, as bid due date and June 14, 2022, as date of public hearing 15. RESOLUTION NO. 22-201 approving contract and bond for Ada Hayden Heritage Park Dredging of Wetland G (Cell 1) 16. RESOLUTION NO. 22-202 approving contract and bond for South 16th Street Improvements 17. RESOLUTION NO. 22-203 approving contract and bond for CyRide Electric Bus System Upgrades 18. RESOLUTION NO. 22-204 renewing contract for FY 2022/23 Hauling and Related Services for 3 the Resource Recovery Plant with Waste Management of Ames, IA, in the amount of $15.68 per ton 19. RESOLUTION NO. 22-205 approving contract renewal with ABM of Des Moines, Iowa, for FY 2022/23 Custodial Services for the Ames Public Library in the amount of $92,641.30 20. RESOLUTION NO. 22-206 approving contract renewal with ServePro for Custodial Services at City Hall in the amount of $57,655.50 per year plus $26.36 per hour for emergency clean-up and additional work as authorized 21. RESOLUTION NO. 22-207 approving renewal of contract with ChemTreat, Inc., of Glen Allen, Virginia, regarding Chemical Treatment Program for one-year period from July 1, 2022, through June 30, 2023, in an amount not to exceed $335,000 22. RESOLUTION NO. 22-208 approving renewal of contract with Maxim Trucking & Materials of Pella, Iowa, for FY 2022/23 Concrete and Asphalt Crushing for Public Works Department in an amount not to exceed $60,000 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. The Mayor thanked ex officio Trevor Poundstone for all his work and participation on City Council. Mr. Poundstone thanked the Mayor and Council and stated it was a great experience. He then introduced Bryce Garman as the next ex officio. FY 2022/23 COMMISSION ON THE ARTS (COTA) ANNUAL GRANTS: Council Member Gartin stated that he had requested to pull this item in order to abstain from voting due to a conflict of interest. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 22-181 approving FY 2022-23 Commission On The Arts (COTA) Annual Grants. Roll Call Vote: 5-0-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay: None. Abstaining due to conflict of interest: Gartin. REQUESTS FROM AMES MAIN STREET FOR SHOP FOR A CAUSE ON NOVEMBER 12, 2022 AND REQUEST FROM AMES MAIN STREET SMALL BUSINESS SATURDAY ON NOVEMBER 26, 2022: Council Member Rollins explained that she pulled Items 10 and 11 as there were a couple questions received by citizens about the parking portion being paid for by Local Option Sales Tax. She asked City Manager Steve Schainker to provide information. Mr. Schainker explained that the transfer of funds from the Local Option Sales Tax to the Parking Fund is a new transaction. It was noted that over the years, when reviewing the budget, it had been noticed that there had been a deterioration in the Parking Fund, especially during COVID. The Council wants to be supportive of Ames Main Street projects, but many of them come with a request to suspend the fees for Downtown. Mr. Schainker said while supporting the events the City is placing the Parking Fund in jeopardy with the loss of revenue. About two years ago, the Council went through its Outside Funding and decided that it will support the events themselves with funding, but they would make sure that the Parking Fund was reimbursed from the Local Option Sales Tax Fund. He said that back in the 80's, a referendum was passed that 40% of Local Option Sales Tax Fund proceeds could be used for community betterment. Community Betterment was predominately used for the support of Social Service agencies, the arts, the library, and other areas. The connection of the Local Option Tax Fund to the Parking Fund is that a 4 predominant amount of Local Option Tax is generated through sales in commercial areas. It was felt that a direct connection to the events that occur in Downtown would be the revenue from sales in the Downtown area. Mr. Schainker stated that the total amount transferred during the year is around $6,000 and this amount does not put any other projects in jeopardy. Moved by Corrieri, seconded by Gartin, to approve the following: Requests from Ames Main Street for Shop for a Cause on November 12, 2022: a. Motion approving Blanket Temporary Obstruction Permit b. RESOLUTION NO. 22-182 approving suspension of parking regulations and enforcement for Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 12 c. RESOLUTION NO. 22-183 approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in the amount of $1,370.25 Requests from Ames Main Street Small Business Saturday on November 26, 2022: d. Motion approving Blanket Temporary Obstruction Permit e. RESOLUTION NO. 22-184 approving suspension of parking regulations and enforcement for Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 26, 2022 f. RESOLUTION NO. 22-185 approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in the amount of $1,370.25 Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Mayor Haila noted that he made a tactical error as he had been asked to pull Item 17: Resolution approving Amendment to Lease Agreement with T-Mobile to authorize an emergency standby generator to be installed adjacent to T-Mobile’s existing infrastructure located at the Bloomington Road Elevated Tank (BRET), from the Agenda, as the signed Agreement had not been received. City Attorney Mark Lambert stated that since the City Council had already adopted the item from the Consent Agenda, he would recommend a motion to reconsider Item 17. Moved by Beatty-Hansen, seconded by Corrieri, to reconsider Item No. 17 on the Consent Agenda. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Corrieri, to pull Item 17: Resolution approving Amendment to Lease Agreement with T-Mobile to authorize an emergency standby generator to be installed adjacent to T-Mobile’s existing infrastructure located at the Bloomington Road Elevated Tank (BRET), from the Agenda, as the signed Agreement had not been received. Vote on Motion: 6-0. Motion declared carried unanimously. PUBLIC FORUM: Mayor Haila opened Public Forum. Richard Deyo, 505-8th Street, #2, Ames, said that May 16 happens to be a day that is very personal to him. He has tried to place an ad in the Tribune a couple of times, but they wouldn’t take his ad. He commented that May 16 happens to fall on “National Bike to Work” week, and he had asked a couple people if he would be able to attend the free Bike Commuter Continental Breakfast. Mr. Deyo commented that people have complained to him that he is not getting the door for them any longer. He 5 said he went to a League of Women’s Voters meeting and one of the ladies had mentioned that she supported him, but not his t-shirts. Mr. Deyo said that she seemed upset that he couldn’t get the door for her any more and did not know that he has a No Trespassing Order for a year. Several of the people within City Hall have mentioned they were not aware that he had a No Trespassing Order. Tom Peter, 1925 Bloomington Road, Ames, said he was present because he was told there was going to be a group from Stonebrooke that was going to request that sidewalks be installed on the north side of Bloomington Road. He mentioned that this topic has come up in the past. Mr. Peter noted that he and his neighbor, Dan Nutini, are the only two houses on Bloomington Road that have addresses on Bloomington Road. He noted that he has 160 feet of frontage on Bloomington Road while Mr. Nutini has over 200 feet and it would cost $5,000 to $6,000 to put in a sidewalk. It would require demolition of three of Mr. Peter’s established flower beds, three apple trees, a 15-foot Cedar stump, and a fence. He stated he would not be looking forward to removing 160 feet of snow. Mr. Peter commented that there was already an established bike path on the other side of the road. He invited the Mayor and Council to stop by his property and he would be happy to show them what would happen if a sidewalk was to be put in. The Mayor closed public forum when no one else came forward to speak. APPROVING/DENYING RENEWAL OF CLASS C LIQUOR, SUNDAY SALES AND OUTDOOR SERVICE - WASABI AMES, 926 S. 16TH STREET: Police Chief Geoff Huff stated that Wasabi Ames had failed two compliance checks over the past year. During a compliance check on April 16, 2021, an employee sold alcohol to a minor and was cited accordingly. A follow-up compliance check was done on June 9, 2021, and another employee sold alcohol to a minor and was cited accordingly for a second time. At this time, the Police Department would not recommend a renewal of the Liquor License for Wasabi Ames for the next year; however, they would be in favor of allowing the business to apply for a six-month license. Mayor Haila opened public input. It was closed when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to deny the renewal of the annual Class C Liquor, Sunday Sales and Outdoor Service License to Wasabi Ames, 926 S. 16th Street. Vote on Motion: 6-0. Motion declared carried unanimously. APPROVING/DENYING RENEWAL OF CLASS C LIQUOR, SUNDAY SALES AND OUTDOOR SERVICE - MONGOLIAN BUFFET, 1620 S. KELLOGG AVENUE, #103: Police Chief Geoff Huff said Mongolian Buffet failed two compliance checks during the past year. A compliance check was done on April 22, 2021, and an employee sold alcohol to a minor and was cited accordingly. A follow-up compliance check was completed on June 9, 2021, and another employee sold alcohol to a minor and was cited a second time. The Police Department would not recommend a renewal of the Liquor License for Mongolian Buffet’s for the next year, but would be in favor of allowing the business to apply for a six-month license. Public comment was opened by Mayor Haila, and then closed when no one came forward to speak. 6 Moved by Beatty-Hansen, seconded by Rollins, to deny the renewal of the annual Class C Liquor, Sunday Sales and Outdoor Service License to Mongolian Buffet, 1620 S. Kellogg Avenue, #103. Vote on Motion: 6-0. Motion declared carried unanimously. PEDESTRIAN CROSSING IMPROVEMENTS AT BLOOMINGTON ROAD & FLETCHER BOULEVARD INTERSECTION: Public Works Director John Joiner noted that this item was to consider a request that was received from Friendship Ark Homes and Community Services to do an enhanced pedestrian crossing on Blooming Road at Fletcher Boulevard. City Engineer Mark Gansen stated that staff used the Federal Highway Administration’s (FHWA) standard for city-wide crossing treatments. The FHWA establishes best practices for uncontrolled crossings based on the speed, volume, the number of lanes, and the context of the site being evaluated. Using this guidance and data collection, staff determined that the crossing should have high-visibility crosswalk markings and warning signs. These improvements had already been implemented in the fall of 2021. Friendship Ark has requested that a higher standard be applied at the location, such as a rectangular rapid flashing beacon or a traffic signal due to resident’s developmental challenges. Mr. Gansen had prepared a slide showing a future concept that could be implemented at the intersection. The concept would change Bloomington Road from two lanes to three lanes to handle some of the turning movements onto the side street, which will free-up space to create a refuge island for an improved crossing. Staff would recommend implementing these changes with a larger scale construction project. A sidewalk will be installed on the north side of Bloomington between Fletcher Boulevard and Top-O-Hollow Road with the 2021/22 Asphalt Street Pavement Improvements that will occur sometime in 2022. Council Member Gartin felt it was important to note that the Staff Report indicated there were only two crashes at the intersection, one in 2016 and the other in 2018. Both were property damage only, and neither pedestrians nor bicyclists were involved. He noted that this is a pretty safe intersection and asked if there were any other factors that the Council should consider. Mr. Gansen did not have anything else to add. Council Member Beatty-Hansen inquired about the timing of future improvements to the area and mentioned that the Staff Report indicated that a future resurfacing or reconstruction project would occur along this section of Bloomington in Fiscal Year 2026/2027. Mr. Gansen stated that the 2026/27 Collector Street Pavement Improvements project included work along Bloomington Road from GW Carver Avenue to Eisenhower Avenue, and as currently planned, it does not extend to the area in question. He did note that this particular stretch of Bloomington is starting to show some fatigue cracking and believed some form of project would be coming, but it is not in the Capital Improvements Plan (CIP) yet. Council Member Betcher noted that the Staff Report mentioned a local example of a pedestrian signal on 24th Street, near Kent, for a citizen that is visually impaired, and now the signal is being considered for removal as part of the FY 2021/22 Concrete Pavement Improvements Reconstruction project. She wanted to know why staff is considering removing the signal when the Plan has not been done yet and did staff really know if there was a reason to not leave the signal in place. Mr. Gansen stated that 24th 7 Street is being considered to change from a four-lane to a three-lane conversion. The pedestrian signal would have been appropriate on a four-lane configuration, but by changing it to a three-lane street it would no longer warrant the pedestrian signal. Council Member Rollins asked if 1925 Bloomington Road would be impacted by the recommended changes. Mr. Gansen said it would not be as that property is farther to the west. The Mayor opened the public hearing. Dana Schumacher, 3919 Fletcher Court, Ames, stated she moved to the Stonebrooke area recently and regularly walks in the area. She is happy to live in an area that does have walking paths, but if anyone wants to go into town you would have to navigate through the intersection. Ms. Schumacher mentioned that the concept shown earlier looked like it would solve a lot of the concerns from the neighborhood. The only concern she would have would be the delay in how long it would take to implement. She stated that the population in the area should be taken into consideration as it is a self-selected elderly community and some of them are not at their physical or cognitive best when it comes to “dodging” cars. Ms. Schumacher explained another concern was the speed limits on Bloomington Road. In a very short distance from Stange Road to Grand Avenue, the speed limit goes from 45 mph, to 35 mph, and then 30 mph. The road also goes from four lanes to two lanes, but people will continue to pass you on the single lanes. Ellen Rasmussen, 724 Hodge Avenue, Ames, stated she was speaking on behalf of her daughter who lives at Friendship Ark. She said she was disappointed in the staff’s recommendation to do nothing for now. Ms. Rasmussen explained that she understood the need to use data, standards, policies, and budgets to make decisions, but those items don’t always take into account everything that affects someone’s quality of life. Her daughter, Chloe, is 23 years old and has a part-time job that she has to get to along with sports practices for the Special Olympics. Chloe needs to cross Bloomington Road to get to the bus stop to get her to those places. She agreed with staff’s proposed changes to the intersection, but is also concerned about the timing. Ms. Rasmussen noted that she has driven Bloomington Road since her daughter moved into the area and the vehicles are always going too fast. She said she drove up and down Bloomington Road and drove the indicated speed limit, which caused cars to be right up on the tail of her car. She had watched cars cut around people turning and speeding down the road. Ms. Rasmussen asked the Council to consider referring this intersection back to staff to see if there were some lower-cost items that could be added to the intersection to help. Hector Arbuckle, 2503 Bruner Drive, Ames, agreed with Ms. Rasmussen’s comments. He noted that on this street, people who travel the speed limit find themselves contrary to what most people are using as the speed limit, and this indicates to him that the design speed of the street is not the same as the speed limit. He felt there is a systemic problem with this road and possibly other areas of Ames. Mr. Arbuckle said that the design of the street, width of the lanes, the size of the clear zone, etc., communicates to drivers that it is safe/normal to go at a faster speed contrary to what the speed limit signs say. He suggested the Council to look at all the streets in Ames and the speed limits and note whether the 85 percentile speed is the same as the speed limit and if the 85 percentile is higher than the speed limit then staff should look at ways, in the future, to design streets so the design speed is congruent with the speed limit. 8 The Mayor closed public input when no one else came forward to speak. Council Member Beatty-Hansen said that there was support for the new design and parts of it will happen this year, but Council would need to put the rest in the CIP. She asked about having a speed limit indicator sign installed. Mr. Gansen said staff could look at dynamic feedback signs for the speed for this location, but would need to look at the curvature to see if any advance signage would be needed. The price would be around $10,000 for two of the speed limit indicator signs. Ms. Beatty-Hansen noted the signs have been effective where she has seen them and felt this may be a short-term solution. Council Member Junck asked how much a rapid flashing beacon would cost. Mr. Gansen indicated that it would cost a little more than $10,000, but one of their main concerns is the rapid flashing beacon would provide a false sense of security given the roadway width right now. Public Works Director John Joiner said that staff could visit with Police Chief Huff to see about extra enforcement in the area. Council Member Betcher questioned what the chances were that the project could be moved up in the CIP. City Manager Steve Schainker said the Council would have to wait until next budget year to place the project to the CIP, and then would have to look at all the projects to see what needs to be done first. Council Member Gartin asked if there have been any indications from CyRide that there are any concerns about this area. Mr. Gansen said that CyRide or their drivers have not said anything. Mr. Gartin wanted to know how many people live in the Friendship Ark Home. It was noted that three people lived there. Mr. Gansen said that when it comes to schools, the City is very careful about giving a heightened degree of care because of the children and he sees the Friendship Ark home along the same lines. He said the City needs to be more sensitive to the more vulnerable residents in the community. Mr. Gartin would like to make sure that CyRide is encouraged to let the City know about any issues they are seeing. Moved by Gartin to approve Alternative 2, which states to direct staff to develop alternative treatments for the crossing at Bloomington Road at Fletcher Boulevard with the expectation that these treatments be removed and replaced with the FY 2026/27 Bloomington project. Motion failed due to lack of second. Moved by Beatty-Hansen, seconded by Betcher, to accept the Report and direct staff to program the improvements into the next CIP, as they see fit, and investigate the possibility of a speed feedback sign. Vote on Motion: 6-0. Motion declared carried unanimously. 2022 STORMWATER UTILITY RATE ADJUSTMENTS: The Mayor opened public comment. It was closed when no one came forward. Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance adjusting the stormwater utility rates to be effective July 1, 2022. Vote on Motion: 6-0. Motion declared carried unanimously. SOUTH 16TH STREET IMPROVEMENTS (TRAFFIC SIGNAL POLES & TRAFFIC SIGNAL CONTROLLER/CABINETS): Public input was opened by Mayor Haila and closed when no one 9 came forward to speak. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 22-209 awarding the Traffic Signal Poles purchase to CSLA Iowa of Des Moines, Iowa, in the amount of $123,272. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 22-210 awarding the Traffic Signal Controller/Cabinets purchase to General Traffic Controls, Inc., of Spencer, Iowa, in the amount of $73,670. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMES URBAN FRINGE PLAN UPDATE: The Mayor let the public know that there will not be any public input taken. Tonight is to get the draft Ames Urban Fringe Plan Update moving, and there will be time for public input at a later time. Planning and Housing Director Kelly Diekmann stated that there was a lot of information in the Staff Report with background material so tonight his presentation will be focused on the maps and the Land Use Designations. The Ames Urban Fringe Plan (AUFP) is a great intergovernmental planning document. The current AUFP provides policies for understanding and predicting future land uses within two miles outside the boundary of the City of Ames. While this is the area under State Code where cities have extraterritorial subdivision review authority, it is also the area where land-use decisions have direct impacts on the ability of cities to grow efficiently, and where rural development can accelerate the loss of farmland, natural areas, and the rural character of the area. In conjunction with the AUFP, the City works cooperatively with Gilbert and Story County through a 28E Agreement to streamline subdivision review in the County based upon the Plan. The AUFP is important for the City of Ames because it supports logical and efficient expansion of the City to meet growth needs. For the County, it addresses rural development pressure near a City where densities are less than urban development, but development still has a large footprint of potential impacts. Director Diekmann said that having a Plan helps create predictability and eases administration responsibilities. Director Diekmann gave a brief history on the current Land Use Framework that was drafted in 2006. The Ames Plan 2040 was adopted in December 2021, along with the final selected growth areas. The City of Ames priorities were: 1) Implement Growth Area planning of Ames Plan 2040; 2) Implement Urban Reserve management policies of Ames Plan 2040; 3) Cooperatively plan for management of the Fringe Area with Story County; 4) Addressing compatibility of conditional uses in the County; 5) Planning for airport expansion; 6) Updating Natural Area and resource mapping with updates of related development policies; and 7) Enhancing integration of rural parks, open space, and trails into the Land Use Plan. Director Diekmann stated Story County had its own set of priorities. City and County staff had created four new base land designations and three overlays to replace the current AUFP designations. An Ames Urban Fringe Plan Draft Land Use Framework Map was shown and Director Diekmann pointed out the areas on the map. Director Diekmann indicated that Agriculture and Farm Service is the biggest designation and largest 10 amount of territory. It is also the base designation that the City uses in the Plan and is almost synonymous with what is in the current Fringe Plan. Agriculture and Farm Service is meant to be a limited division and proposed to allow only one house per 40-acres of land. Story County would retain jurisdiction and apply their zoning and subdivision policies, including the policies of a mutually adopted new Fringe Plan. Rural Residential was reviewed by Director Diekmann. He stated he was not going to go into much detail. He noted Rural Residential is limited in its use allowances and would only be governed by Story County. The City did not have any goals of adding rural subdivisions. The current Fringe Plan had areas where new rural subdivisions were allowed. It was mentioned that Story County is not proposing large areas for rural subdivisions. The County did not foresee a need to create large areas for additional rural residential development outside of the previously subdivided area in the Fringe. Story County had done a housing assessment and projected a need for 60 additional new dwellings. The County believed they could accommodate that amount of new dwellings without having to create large rural residential areas for subdivisions. The proposed Rural Residential Expansion designation is unmapped in the draft Plan, but has been written to be applied at a later date as an amendment to the Plan. Director Diekmann went over the Rural Residential - Expansion Amendment Standards that were proposed by Story County staff. They were: 1) The area is adjacent to a rural residential area or rural residential expansion area; 2) The area is not located in an Urban Growth Area or Urban Reserve Overlay; 3) No more than 40 acres of land in agricultural production may be requested to be amended; 4) The area is located on a paved road. If within a quarter-mile of a paved road then the developer may be required to pave the road; and, 5) The amount of previously approved Rural Residential Expansion area shall be considered. Director Diekmann said that with Urban Growth the City is hoping to address compatibility issues at a higher degree than the last Plan had. It was noted that the City does not have zoning authority; therefore, conditional uses will still be reviewed and decided by Story County. The Urban Reserve Overlay is a holding area to see where the City wants to grow next and this would be a 50-year growth plan. There are three other overlays: 1) Environmentally Sensitive; 2) Airport Protection; and, 3) Subsurface Mining. Mr. Diekmann stated the next step would be public outreach. Upon City Council, Gilbert, and Story County’s Board of Supervisors review of the draft Land Use Designations, a draft will be prepared for public review. Staff is working on a three meeting model to be done within a 30-day period. There will be a more robust document put together for the public outreach sessions. Any comments will be brought back to the City Council and Board of Supervisors for next steps. It was mentioned that the draft should be done in May, and after the public comment period, staff should be back before the Council in June or July. The Mayor asked when the current 28E Agreement expired. It would be on July 11, 2022, and Director Diekmann is speaking with Story County to see about having an extension to the 28E Agreement while the AUFP is completed. 11 Moved by Gartin, seconded by Corrieri, to direct staff to proceed with completing the draft Fringe Plan Update and proceed with public outreach. Vote on Motion: 6-0. Motion declared carried unanimously. CDBG/HOME PUBLIC FORUMS FOLLOW-UP: Housing Coordinator Vanessa Baker-Latimer said that on April 14, 2022, City staff hosted two in-person/virtual public forums to gather input regarding possible projects for consideration for the FY 2022/23 CDBG/HOME Annual Action Plan as part of the City’s Entitlement Program. Nine people attended the in-person forum and three people attended virtually. Attendees included representatives from The Bridge Home, Good Neighbor, Home Allies, Chamber of Commerce, Amos, and three citizens from Ames. The public feedback received was centered around the need to continue to address affordable housing and neighborhoods. Staff is recommending that the anticipated combined budgets of $3,382,427 be allocated to the project activities listed below: 1. CDBG Homebuyer Assistance Program (Down payment and closing cost) - $500,000 2. Housing Improvement Rehabilitation Program for Single-Family Homeowners - $225,000 3. Infrastructure Pocket Park Improvements - Baker Subdivision - $130,000 4. Acquisition/Slum and Blight Removal Program - $275,279 5. CDBG-CV CARES (Rent, Mortgage, and Utility) Relief Assistance - $58,282 6. CDBG-CV CARES Public Services Assistance - Mental Health (to be determined) - $85,000 7. HOME Multi-Family LIHTC Assistance New Construction - $1,801,222 8. General Administration for CDBG, HOME & CARES - CDBG $119,836, HOME $177,808, and CARES $10,000 Ms. Baker-Latimer noted that the anticipated revenue for the CDBG Program rollover and the anticipated program income are cautious estimates being projected by staff. These projections will be adjusted when the 2022/23 allocations are announced. Because the City has not been notified of the amounts for FY 2022/23 Program year, staff has been advised to project its current FY 2021/22 CDBG allocation of $599,177 and HOME allocation of $350,543 for budgeting for the proposed FY 2022/23 Action Plan projects. Staff received a memo from the United States Department of Housing and Urban Development (HUD) that stated FY 2022/23 allocations may be announced on or around May 13, 2022. HUD also provided additional guidance for grantees in the development of their draft Annual Action Plans for the 30-day public comment period. Also, HUD suggested that grantees consider adding specific “contingency language” to their plans, if they will be publishing a budget using their current years (FY 2021/22) allocations as estimates. Ms. Baker-Latimer stated that staff does not plan to publish the 2022-23 Annual Action Plan for the 30-day comment until after HUD publishes the allocations on or by May 13, 2022. However, if there is a substantial increase or decrease in the amounts, staff will host an additional public forum and present feedback to the Council at the May 24, 2022, meeting. Public comment was opened by Mayor Haila and it was closed when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to approve the proposed draft FY 2022/23 Annual Action Plan Program Projects and proposed estimated budget and setting August 9, 2022, as date of public hearing. Vote on Motion: 6-0. Motion declared carried unanimously. 12 REVISIONS TO U.S. HIGHWAY 30 AND BANDSHELL LIGHT SHOW POLICY: City Manager Steve Schainker said City Council had received some requests to change the lighting along Highway 30 and the Bandshell to support Ukraine. This brought up some concerns about not having a policy in place for future lighting requests. On April 12, 2022, the City Council directed staff to bring potential changes to consider other events the City Council may wish to change the U.S. Highway 30 light towers for, and to consider including the Bandshell lighting within the same policy. Council Member Rollins said that the Council has an opportunity to “set the cultural tone” within the City and to lead the way. She wanted to think about how the Council could be inclusive and lead regarding the lights. She suggested adding a little more “framing” language to the Policy. She suggested adding “the diversity of our community is strength. As an affirmation of this strength, the Council will strive to overcome historical biases by carefully considering the ideas, cultures, and experiences it is affirming, and not affirming, through its decisions related to the use of this policy.” She noted that this was a way to encourage the Council to be thoughtful and to be intentional about being inclusive. Council Member Beatty-Hansen stated she liked the language and recommended adding it to the Policy. The Mayor inquired where the language should be added. Ms. Rollins suggested placing the language in the Policy on Page 2 after Bullet 5. The Mayor opened public comment. It was closed when no one came forward to speak. Moved by Rollins, seconded by Junck, to approve the revisions to the policy in the Council Action Form and to add the language “the diversity of our community is strength. As an affirmation of this strength, the Council will strive to overcome historical biases by carefully considering the ideas, cultures, and experiences it is affirming, and not affirming, through its decisions related to the use of this policy.” on Page 2 after Bullet 5. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON REZONING WITH MASTER PLAN PROPERTY LOCATED AT 802 DELAWARE AVENUE FROM “RL” (RESIDENTIAL LOW-DENSITY) TO “RM” (RESIDENTIAL MEDIUM-DENSITY): City Planner Justin Moore stated that Penny Lane Townhomes, LLC, was requesting a rezoning with a Master Plan of property located at 802 Delaware Avenue. The request is to rezone the .75 acre property from Residential Low Density (RL) to Residential Medium Density (RM) to accommodate the future construction of two three-unit multi- family structures. In June 2020, the City Council approved a land use map change for the property, which changed the land use from Low-Density Residential to Medium-Density Residential in anticipation of future rezoning. The land use change at that time was done under the previous Land Use Policy Plan (LUPP). The Ames 2040 Comprehensive Plan identifies the land use on this property as Established Neighborhood 2 (RN2). The RN2 land use designation allows for a wide range of zoning districts for its implementation and supports the concept of limited infill within established neighborhoods when it can be done in a contextual manner to the surrounding character of the area. Mr. Moore explained that the property is currently vacant and has been for a long period of time. The property has frontage and is served from Delaware Avenue to the west. The property also has frontage on North Dakota Avenue to the east. Access is restricted from North Dakota Avenue. With the 13 proposed rezoning to RM, the allowed uses would include multi-family structures and the ability to build more than one building on a lot without needing to subdivide. Given that the rezoning is subject to compliance with a Master Plan a Zoning Agreement is required to be signed with the developer to ensure that the terms for the Master Plan are followed. A Zoning Agreement will be finalized with the developer prior to the third reading of this rezoning ordinance. The Zoning Agreement will require that the developer abide by the required housing type, number of buildings and number of units. In this case the following conditions of the Agreement will include: 1. That there are no more than six units developed on the property. 2. That the development consists of at least two buildings. 3. That the housing type be limited to townhome building style. The public hearing was opened and closed by Mayor Haila after no one came forward to speak. The Mayor stated that the Ordinance in the packet did not reference any Zoning Agreement and wanted to know how the Agreement is connected to the Ordinance since it is not mentioned. Director Diekmann explained that after the first reading, staff will finalize the Zoning Agreement which will be an exhibit and will be recorded against the property. The Ordinance does state that there is a Master Plan, which is an indication that there is something else to look at. The Zoning Agreement will get approved and recorded with the third reading of the Ordinance. Council Member Rollins asked about making sure the design is compatible with the neighborhood and wanted to know when this would happen. She noted that in other neighborhoods there has been careful consideration made to make sure new structures are compatible in an area. Director Diekmann stated that has not been done for this property and that was a concern that staff had. He mentioned that the Comprehensive Plan was adopted in December and the RN2 is new. Also, none of the infill standards have been established or guidelines prepared to apply to this project. Director Diekmann said that once the property is zoned RM, the standard RM zoning would apply, which has no architectural standards, other than setbacks. The Master Plan states that the buildings have to be broken into two buildings, but that is the extent for controls of compatibility at this time. Director Diekmann said that if the Council approves this request, the Council needs to understand this will not be long-term as to how it will be done throughout the City, but it worked for this project only. Council Member Rollins asked for clarification on the .75 acres and the six units as six units is the standard requirement for one acre. Mr. Diekmann noted that the Comprehensive Plan for RN2 does say the typical density is six units per acre, but it is not specifically written to say no property can exceed six units per acre. Mayor Haila opened the public hearing and closed it when no one came forward to speak. Moved by Corrieri, seconded by Beatty-Hansen, to pass on first reading an ordinance rezoning with a Master Plan property located at 802 Delaware Avenue from “RL” (Residential Low-Density) to “RM” (Residential Medium-Density). Council Member Gartin commented that there was not any discussion about the developer creating any affordable housing and wanted to know why. Director Diekmann noted that staff does not have any 14 policy telling him that he has to do that, at this time. He indicated that at the end of the summer there will be an Affordable Housing Workshop to discuss affordable housing strategies. Council Member Gartin asked about landscaping for this project and if it will meet city requirements. Director Diekmann stated that it will, but does not have a plan to show the Council yet. Mr. Gartin asked if the Council could ask for more landscaping than what is required. Mr. Diekmann said that it could be done; however, that is not how the Zoning Ordinance is written. Council Member Beatty- Hansen asked what Mr. Gartin’s goal was with the landscaping requirement. Mr. Gartin said the goal is to be consistent with how the Council treats projects. Ms. Beatty-Hansen wanted to know what historical decision Mr. Gartin was referring to regarding landscaping. Mr. Gartin commented that the Council had the opportunity on the Baker Subdivision to do a great project, but chose to have more landscaping rather than “caring about poor people.” He said that he wanted to bring up the fact that governments need to be consistent with how they treat people. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON AMES DOWNTOWN PLAZA: Facilities Director Corey Mellies indicated that, as noted in the Council Action Form, the bids received for the Ames Downtown Plaza came in over budget. There were five bids that were received, and staff felt the pricing was realistic since all five were within a reasonable range from each other. The Report does list some alternative options to help reduce the costs of the project. Staff is recommending that the Council accept the report of bids only and to ask staff to bring back recommendations to reduce project costs and identify additional funding sources to make up the projected funding shortfall. Mr. Mellies indicated that a review of the project indicated that the only single element that can be changed from the original scope that would yield the necessary project savings would be the elimination of the ice component which is estimated to cost $1.2 to $1.3 million. Council Member Corrieri asked if the Council asked for a report to come back to them would it include a variety of options. Director Mellies said that it would list some options to eliminate from the design and would provide funding options. Mayor Haila asked if Confluence and the architect had an explanation as to why their budget was a lot lower than the bids. Director Mellies said he had not received any explanation, but he was sure it would be because of the current market and supply chain price increases. The Mayor indicated that it should be Confluence present at tonight’s meeting explaining the budget. The Mayor opened the public hearing. There was no one wishing to speak, and the hearing was closed. Moved by Corrieri, seconded by Junck, to accept the Report of Bids for the Ames Downtown Plaza and direct staff to bring back recommendations to reduce project costs and identify additional funding sources to make up the projected funding shortfall. Council Member Gartin stated he is supportive of this project, but reminded the Council that the Climate Action Plan (CAP) is going to be needing $2.3 to $3 billion, and the Council will need to think about amenities, such as the Downtown Plaza, or the climate. Mr. Gartin indicated he will periodically 15 remind the Council that they are not acting consistently with the priority of the capital investment needed for the CAP. Mayor Haila said that the Downtown Plaza project had been identified as a priority and a goal for the Council and believed the Council was being consistent with moving forward on the project. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON ZONING TEXT AMENDMENT TO REDUCE FLAG LOT ACCESS WIDTH IN THE GENERAL INDUSTRIAL ZONING DISTRICT: Director Diekmann noted that there is not a lot of new information to add. The request is a minor Text Amendment in General Industrial (GI). The applicant asked for a slightly different version, but is okay with moving forward with staff’s recommendation. The General Industrial Zoning District is unique in that the minimum street frontage requirement is only 25-feet, which is less than the flag lot street frontage requirement. Mayor Haila declared the public hearing to be open. It was closed when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to pass on first reading an ordinance reducing flag lot access width in the General Industrial Zoning District. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON 2021/22 SHARED USE PATH MAINTENANCE - LITTLE BLUESTEM: The public hearing was opened and closed by Mayor Haila after no one came forward to speak. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 22-211 approving the final plans and specifications and awarding a contract to TK Concrete, of Pella, Iowa, in the amount of $120,604.90. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2022/23 MAIN STREET PAVER REPLACEMENT PROGRAM (KELLOGG AVENUE - DUFF AVENUE): The Mayor opened the public hearing. Hector Arbuckle, 2503 Bruner Drive, Ames, noted that the pavers are beautiful, but has heard from a friend, who is mobility impaired that she found it difficult to move around on them. He asked if the Council may consider, at some point, if the type of pavers being used is the best thing to be used for mobility impaired people. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 22-212 approving the final plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of $333,333. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2020/21 CONCRETE PAVEMENT IMPROVEMENTS PROGRAM (FORD STREET, BELL AVENUE, S. 17TH STREET, S. KELLOGG AVENUE): The Mayor opened the 16 public hearing. There was no one wishing to speak, and the hearing was closed. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 22-213 approving the final plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount of $666,666. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE INCREASING SEWER RATES BY 5%, EFFECTIVE JULY 1, 2022: Mayor Haila opened public input. It was closed when no one came forward to speak. Moved by Corrieri, seconded by Gartin, to pass on first reading an ordinance increasing sewer rates by 5%, effective July 1, 2022. Roll Call Vote: 6-0. Motion declared carried unanimously. ORDINANCE REZONING 3210 CEDAR LANE FROM AGRICULTURAL (A) TO FLOATING SUBURBAN-RESIDENTIAL LOW DENSITY (FS-RL) WITH A PLANNED UNIT DEVELOPMENT OVERLAY (PUD) AND MASTER PLAN: Moved by Betcher, seconded by Beatty-Hansen, to pass on second reading an ordinance rezoning 3210 Cedar Lane from Agricultural (A) to Floating Suburban-Residential Low Density (FS-RL) with a Planned Unit Development Overlay (PUD) and Master Plan. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITIONS OF COMMUNICATIONS TO COUNCIL: Mayor Haila indicated there were five items on the list. The first item was an email from Ace Lee, Iowa State University Student, with comments regarding the Climate Action Plan and reducing carbon emissions through active transportation and transit use. Mayor Haila noted the Council will take the comments under consideration. The second item was an email from Olya Arjmand regarding parking and traffic concerns on North Franklin Avenue. City Manager Steve Schainker noted the Council Members could refer the email to staff if they wanted to. No motion was made by Council; therefore, no action was taken. The third item was a letter from Todd Ashby, CEO/Executive Director with Mid-Iowa Planning Alliance inviting the Mayor and City Council to become a member of the Mid-Iowa Planning Alliance. Moved by Junck, seconded by Gartin, to refer the letter from Mr. Ashby to staff for a memo. Vote on Motion: 6-0. Motion declared carried unanimously. The fourth item was an email from Balinda Ellsworth requesting an ordinance regarding bus parking in residential areas. Moved by Gartin, seconded by Corrieri, to refer the email from Ms. Ellsworth to staff for a memo. Council Member Betcher asked if a memo was previously provided by staff from other complaints. Mr. 17 Schainker indicated that it would need to be updated to list what the City can and can’t do with the current Ordinance. Council Member Gartin said he would like to know what other communities are doing with similar situations. Vote on Motion: 5-1. Voting Aye: Betcher, Corrieri, Gartin, Junck, Rollins. Voting Nay: Beatty- Hansen. Motion declared carried. The last item was a letter from Amber Deardorff, Vice President/Clinical and Support Services with Mary Greeley Medical Center, requesting a Zoning Text Amendment for medical office parking requirements. Moved by Junck, seconded by Gartin, to refer the letter from Ms. Deardorff to staff for a memo. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: The new ex officio Bryce Garman said that he was from Algona, Iowa. He is a junior at Iowa State University and studies Public Relations and minors in Political Science. He currently serves as the Communication and Social Media Intern for the Story County Board of Supervisors, which gives him experience with local government. He indicated that local government is something that he has always been passionate about as it runs in his family. Council Member Beatty-Hansen reminded everyone that “Stash the Trash” is coming up along with the Ioway Creek clean-up. She wanted to let everyone know that these are great opportunities to volunteer for. Council Member Rollins thanked Public Relations Officer Susan Gwiasda and Merry Rankin from ISU for providing the residential satisfaction survey in multiple languages this year. ADJOURNMENT: Moved by Gartin, seconded by Beatty-Hansen, to adjourn the meeting at 8:08 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ____________________________________ Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor __________________________________ Diane R. Voss, City Clerk 18 REPORT OF CONTRACT CHANGE ORDERS General Description Change Original Contract Total of Prior Amount this Change Contact Transit CyRide 2022 HVAC Improvements Project Inc. Resources Municipal Fire & Police System Claims Recreation Refurbishment Pavement Improvements Program Period: Item No. 8 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA APRIL 28, 2022 The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson Mike Crum at 8:16 AM on April 28, 2022. As it was impractical for the Commission members toattend in person, Commission Chairperson Mike Crum and Commission Members Kim Linduska andHarold Pike were brought in telephonically. ELECTION OF OFFICERS: Moved by Pike, seconded by Linduska, to elect Mike Crum asChairperson of the Civil Service Commission.Vote on Motion: 3-0. Motion declared carried unanimously. Moved by Pike, seconded by Linduska, to elect Kim Linduska as Vice-Chairperson of the CivilService Commission.Vote on Motion: 3-0. Motion declared carried unanimously. APPROVAL OF MINUTES OF MARCH 24, 2022: Moved by Crum, seconded by Linduska, toapprove the Minutes of the March 24, 2022, Regular Civil Service Commission meeting.Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Pike, seconded by Linduska,to certify the following individuals to the Ames City Council as Entry-Level Applicants: Maintenance Worker - Parks and Recreation Hugo Swanepoel 80Randy Potter 70 Mechanic Assistant Cody Rogers 83*Norman Banks 70Daniel Rekemeyer Carried over from Exhausted List *Includes Preference Points Public Safety Dispatcher Jonah Pankow 88Justine Wildeboer 81Sarah Nootz 80Miranda Solberg 79Sydney Williams 76Colin Chinery Carried over from Exhausted ListKyle Kain Carried over from Exhausted List Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF PROMOTIONAL-LEVEL APPLICANTS: Moved by Linduska, secondedby Crum, to certify the following individuals to the Ames City Council as Promotional-LevelApplicants: Item No. 9 Power Plant Operator Jesse Young 87*Erik Nosalek 81*Sean Boyce 76Jacob Meinking 76Joe Reitano 74 *Includes Preference Points Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES FROM, AND EXHAUST, THE APPRENTICE ELECTRIC LINEWORKER CERTIFIED LIST: Human Resources Director Bethany Ballou advised that theApprentice Electric Lineworker List was certified by the Civil Service Commission on September 23,2021, with three candidates. One candidate, Josh Duggan, declined an Offer of Employment, onecandidate, Tanner Henniges, withdrew from consideration due to finding another job elsewhere, andone candidate, Jesse Black, was hired by the City on October 5, 2021. Moved by Crum, seconded by Linduska, to remove names from, and exhaust, the Apprentice ElectricLineworker Certified List.Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES FROM, AND EXHAUST, THE CERTIFIED LIST FOR POLICE OFFICER: Director Ballou clarified that the Lists being discussed were certified by theCommission on December 16, 2021, and January 27, 2022, respectively. Staff asked that WalterPacheco, who withdrew, be removed from the List that was certified on December 16, 2021. Fromthe List that was certified on January 27, 2022, staff asked that Andrew Oppong, who withdrew, andJustin Prokop, who had failed to obtain a qualifying score on part of the examination, be removedfrom the List. Moved by Linduska, seconded by Pike, to remove names from, and exhaust, the Police OfficerCertified Lists from December 16, 2021, and January 27, 2022.Vote on Motion: 3-0. Motion declared carried unanimously. At the inquiry of Commission Member Pike, Ms. Ballou reviewed the reasons for removing candidatesfrom Certified Lists: (1) A candidate requests to withdraw from the process. In this case, two peoplehad withdrawn. (2) A candidate’s reference, credit, or background check results do not provideindicators of future success in the position. In this case, a candidate failed to obtain a qualifying scoreon the polygraph examination. Ms. Ballou stated that after the removal of the names of the above-noted three candidates, includingall names carried over from prior unexpired Certified Lists, the List now contains only threecandidates. The Department has reviewed the remaining candidates and determined that, while thecandidates meet the minimum qualifications, none satisfies all the elements desired for the role ofPolice Officer. It was noted that the Police Chief had interviewed each candidate. As a result, staffalso requested that the Commission exhaust the current Civil Service List for Police Officer, whichwill allow a new recruitment process to begin. Commission Member Pike asked how long it takes to go through the background checks andpolygraph testing. Director Ballou answered that it takes six weeks. Chairperson Crum inquired as to whom administers the polygraph examination. Ms. Ballou stated thatthe polygraph testing is performed by a third party. REQUEST TO REMOVE NAME FROM, AND EXHAUST, THE CERTIFIED LIST FOR 2 PROCUREMENT SPECIALIST II: Director Ballou explained that the original List was certifiedby the Commission on March 24, 2022, with one candidate. That candidate, Melissa Gruhn, had beenoffered the position, but declined the offer. Therefore, staff requested that the Commission removeMelissa Gruhn’s name from, and exhaust, the Certified List for Procurement Specialist II. Moved by Crum, seconded by Pike, to remove a name from, and exhaust the Certified List forProcurement Specialist II.Vote on Motion: 3-0. Motion declared carried unanimously. COMMENTS: Director Ballou told the Commission that Human Resources will soon be launchingtwo new large recruitments for the Police and Fire Departments. The next Regular Meeting of the Ames Civil Service Commission is scheduled for May 26, 2022, at8:15 a.m. ADJOURNMENT: The meeting adjourned at 8:30 a.m. __________________________________ _______________________________________Michael R. Crum, Chairperson Diane R. Voss, City Clerk 3 Smart Choice 515.239.5133 non-emergency Administration fax To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: May 2, 2022 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for May 10th, 2022, includes beer permits and liquor license renewals for: • Octagon Center for the Arts – (427 Douglas Ave) Special Class C Liquor License with Outdoor Service • Casey’s General Store #2298– (428 Lincoln Way) Class E Liquor License with Class B Wine, Class C Beer with Sunday Sales A review of police records for the past 12 months found no liquor law violations for the above locations. The Ames Police Department recommends the license renewal for the above businesses. Smart Choice 515.239.5133 non-emergency Administration fax 515 Clark Ave. P.O. To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: May 2, 2022 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for May 10th, 2022, includes beer permits and liquor license renewals for: •North Grand Cinema – (2801 Grand Ave) Class C Liquor License with Sunday Sales (Currently 6 months but can now apply for 12 months) In 2021 the above business sold alcohol to a minor twice and were denied a 12 month license, but were granted a 6 month license. A review of police records for the past 6 months found no liquor law violations for the above location. The Ames Police Department recommends a 12 month license renewal for the above business. Item No. 10a Smart Choice 515.239.5133 non-emergency Administration fax To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: May 2, 2022 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for May 10th, 2022, includes beer permits and liquor license renewals for: •Gateway Hotel & Conference Center – (2100 Green Hills Dr) Class B Liquor License with Catering Privilege & Sunday Sales A review of police records for the past 12 months found 1 liquor law violation. During a compliance check on May 13th, 2021, an employee sold alcohol to a minor and was cited accordingly. A follow-up compliance check was completed, and no violations were recorded. The Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks and by educating staff through training and quarterly meetings. The Ames Police Department recommends license renewal for the above business. Item No. 10d 1 ITEM # 11 DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: AMES PATRIOTIC COUNCIL REQUESTS FOR MEMORIAL DAY PARADE BACKGROUND: Each year the Ames Patriotic Council conducts a community observance of Memorial Day. This observance involves a parade from City Hall to the Municipal Cemetery, followed by a community memorial service at the Cemetery. The following requests for May 30, 2022, are presented for City Council approval in order to facilitate the Memorial Day observance: • Closure of Pearle Avenue and Fifth Street from east of Pearle Avenue through the Clark Avenue intersection from 9:00 a.m. to 11:00 a.m. for the line-up and start of the parade entries. • Temporary closure of Clark Avenue from Fifth to Ninth Street (for movement of the parade) between 10:30 a.m. and 11:00 a.m. • Temporary closure of Ninth Street between Clark Avenue and Maxwell Avenue (for movement of the parade) between 10:45 a.m. and 11:00 a.m. • Temporary closure of Sixth Street at Clark Avenue and Duff Avenue at Ninth Street as the parade moves through those intersections A blanket Temporary Obstruction Permit is also requested for the closed areas. It should also be noted that temporary closures of residential streets that intersect Ninth Street and Clark Avenue will occur as the parade progresses. Public Works will provide barricades for all of the street closure areas. Barricades will be staffed by parade volunteers and/or residents of the area. Most intersection closures will last only for a few minutes. The Ames Police Department will provide a lead car for the parade and will assist participants through the Ninth Street and Duff Avenue intersection. The rain location for activities will be the Ames Municipal Auditorium. No lost parking meter revenue is anticipated due to the holiday. 2 ALTERNATIVES: 1. Approve the Ames Patriotic Council’s requests for use of City facilities and services as outlined above for the Memorial Day observance on May 30, 2022. 2. Direct the Ames Patriotic Council to pursue alternate plans for the Memorial Day observance. 3. Do not approve the requests. CITY MANAGER’S RECOMMENDED ACTION: The parade and memorial service at the Municipal Cemetery are an integral part of the community’s annual Memorial Day commemoration. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. 1 ITEM # 12 DATE: 05/10/22 COUNCIL ACTION FORM SUBJECT: REQUESTS FROM COMMUNITY CHOICE CREDIT UNION BACKGROUND: Community Choice Credit Union, located at 212 E. Lincoln Way, operates food truck space across the alley from the credit union, called The Parc. The credit union is hosting “The Parc Spring Kickoff” May 20-21. The event is open to the public, and involves several food trucks and local vendors, along with yard games and music played by a DJ. Although the event takes place entirely on private property, the event organizers are requesting the closure of the City-owned alley between the credit union and the Parc, from E. Lincoln Way to a point approximately 150 feet south. This alley is too narrow to accommodate substantial traffic, and it is necessary to keep it clear for the two days of the event to facilitate ingress and egress of the food trucks at the event. The credit union and The Parc are the only two properties that will be directly adjacent this closure. The properties located along the alley to the south of the closure will have access to the alley from SE 2nd Street. Organizers expect approximately 250 attendees. Organizers have provided staff with an Emergency Safety Plan. A Noise Permit has also been requested from the Police Department. Staff has also been informed that no alcohol will be permitted at this event. ALTERNATIVES: 1. Approve the request from The Parc to close the north 150 feet of the alley between Community Choice Credit Union and The Parc on May 20 and May 21, as indicated above. 2. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: This requested closure will facilitate an event on private property that is open to the public. The alley closure will only directly impact the requester; other properties in the vicinity will maintain their alley access from the south. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. E Lincoln Way Su m n e r A v e 1 3 42 Bl o c k i n g 1 5 0 ' t o t h e no r t h ITEM # 13 DATE: 05/10/2022 COUNCIL ACTION FORM SUBJECT: APPROVAL OF RESOLUTION AND LETTER OF SUPPORT FOR THE NATIONALLY SIGNIFICANT MULTIMODAL FREIGHT AND HIGHWAYS PROJECTS GRANT PROGRAM AND RURAL SURFACE TRANSPORTATION GRANT PROGRAM FUNDED BY INFRASTRUCTURE AND INVESTMENT AND JOBS ACT (IIJA) BACKGROUND: The Department of Transportation has recently announced the joint notice of funding for the Multimodal Project Discretionary Grant Program (MPDG) that is funded in the Infrastructure Investment and Jobs Act. The MPDG grant combines one application to access three different federal funding opportunities. Components of the grant application will include planning and design, street improvements, multi-modal improvements, traffic signal and phases of Intelligent Transportation System for the traffic network. The grant application will combine the three separate CIP projects listed below into one overall project. FY 2024/25 S. 16th Widening ($3.88 million) FY 2025/26 Intelligent Transportation System Program Phase 6 ($1.2 million) FY 2024/25 Traffic Signal Improvement Project ($400,000) The grant application will request funding for 80% of the project costs for both the capital and planning/design components. The project will bring multimodal connectivity and infrastructure investment into a regionally significant economic corridor that is also within a Historically Disadvantaged Area, indicated by the US Census Tracts. ALTERNATIVES: 1. a. Approve the resolution of support for the Multimodal Project Discretionary Grant Program (MPDG) application. b. Authorize the Mayor to sign a letter of support for the project application. 2. Do not approve the resolution of support or signature authorization for the application letter of support CITY MANAGER'S RECOMMENDED ACTION: If the City is successful in securing this grant, the local cost for the three projects shown above will be greatly reduced. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. Office of the Mayor 515.239.5105 main 515 Clark Ave. P.O. Box 811 515.239.5240 fax Ames, IA 50010 www.CityofAmes.org May 10, 2022 The Honorable Secretary Pete Buttigieg United States Department of Transportation 1200 New Jersey Avenue SE Washington DC, 20590 Dear Secretary Buttigieg: Please accept this letter of support confirming our community’s enthusiasm and support of the S. 16th Street Multimodal Capital Project application for the Multimodal Freight and Highway Projects (MPDG) 2022 Grant Program. The goals and values set forth by the Infrastructure Investment and Jobs Act and MPDG—including safety, equity, connectivity, sustainability, quality of life, mobility and connectivity, economic competitiveness, state of good repair, and collaboration—closely align with the City Council’s 2022 Goals and the pursuit of the City’s Climate Action Plan that is currently underway. The City of Ames strives to offer all residents safe connectivity and mobility throughout the community to promote education, reliable access to employment, and quality of life. The 5-Year Capital Improvement Plan approved annually by the City Council establishes a program of infrastructure investments through an equitable lens—balancing the needs of the community, the condition of roads and facilities, and public engagement throughout the development of the plan. Additionally, the City has adopted a strategy to include $1.2 million of investment into multi- modal transportation each year of the 5-year CIP to promote carbon emissions reduction, good health, and diverse modes of transport. Please consider our application in pursuit of improving the S. 16th Street Multimodal Corridor with improvements to the roadway, multi-modal facilities, traffic network, and accessibility. We believe MPDG funding, in conjunction with the City’s capital commitments, will advance the transportation goals of inclusive and equitable transportation investment, job growth, improved reliability and safety along a primary arterial transportation corridor, and reduction of emissions throughout the community and historically disadvantaged areas adjacent to the corridor. Respectfully Submitted, John A. Haila Mayor ITEM # 14 DATE: 05/10/22 COUNCIL ACTION FORM SUBJECT: PARKING LEASE EXTENSION FOR WELCH AVE. PARKING LOT T BACKGROUND: On May 28, 2019, City Council approved a three-year lease of the lot located at 207 Welch Avenue (known as the Campustown Welch Ave Parking Lot T) which is owned by Green Book LLC (Pizza Pit). Lot T contains 29 spaces, including ten rented and 19 metered spaces. The City receives revenue from this lot through the leasing of the rental spaces and from the revenue from the meters. The lease agreement includes a provision for an additional three-year extension, at the City’s option. If the City chooses to enter into this extension, the current rate of $15,900 per year will increase by 6.6% to $16,950 for each year of the additional three years. The lease rate that Pizza Pit pays for their four reserved stalls will increase by 6.6% from $36.75 per space per month to $39.18, or $1,880 annually. Also in the lease, the City will pay 63% of the taxes on the value of the land only, based on the most current tax information, which equates to approximately 61.7% of the total annual property taxes and is estimated to be $12,069 in the first year of the lease. The expense for the City’s portion of the taxes and the annual lease rate is budgeted from the Parking Fund. The following tables summarize how the City’s portion of the taxes is to be calculated: SQ.FT. % Valuation (2020) % It should be noted that the agreement allows either party to cancel this agreement with 90-day notice. ALTERNATIVES: 1. Approve a three-year lease extension for the Welch Parking Lot T. 2. Do not approve a lease at this time and loose access to these spaces. MANAGER’S RECOMMENDED ACTION: The City Council should understand that expenses to lease the lot and maintain these 29 parking stalls exceed the anticipated revenue by approximately $19,000 over each of the next three years. With recent improvements removing parking spaces along Welch Avenue, it seems advisable to make sure that the parking spaces in this lot remain available to the public. In addition, the lot is used for several special events during the year and, therefore, is a critical parking asset for Campustown. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above ITEM # ___15__ DATE: 05/10/22 COUNCIL ACTION FORM SUBJECT: APPROVAL OF AMES INTERMODAL FACILITY LICENSE AGREEMENT FOR INCIDENTAL USE OF PREMISES BY AMES POLICE DEPARTMENT BACKGROUND: The Ames Intermodal Facility (AIF) currently has three tenants: Executive Express, Jefferson Lines, and the Ames Police Department (APD). The APD has had a no-cost lease in this facility since 2012 and shares space of the facility’s management office with the Iowa State University (ISU) Parking Division. Currently, the APD has a five-year lease for occupancy that will expire on June 30, 2022. Occupancy of the management office by the APD has strengthened security at the facility and minimized incidents of vandalism to the property. In addition, sharing the management office at the AIF has been a successful utilization of resources and space for both the APD and the ISU Parking Division. At the Transit Board meeting on February 23, 2022, CyRide staff received informal guidance to prepare a new five-year lease agreement with the APD. CyRide has worked with the APD and the Legal Department to prepare the new lease agreement. No significant changes have been made to the previous agreement. The attached lease reflects the following changes from the previous agreement: • Contract term dates • Updates to contact information for the Chief of Police, Mayor, and Transit Director • Updates to CyRide’s address This agreement has been reviewed by the APD and the Legal Department. Additionally, this agreement was approved by the Transit Board of Trustees at its meeting on April 27, 2022. ALTERNATIVES: 1. Approve the attached five year, no cost contract between the Ames Transit Agency and City of Ames Police Department for shared use of the Ames Intermodal Facility management office effective July 1, 2022 – June 30, 2027. 2. Do not approve a contract between the Ames Transit Agency and City of Ames Police Department for shared use of the Ames Intermodal Facility management office. CITY MANAGER’S RECOMMENDED ACTION: The presence of the Ames Police department at the AIF has helped strengthen security at the facility and has provided a substantial benefit for the surrounding neighborhood. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 Ames Intermodal Facility License Agreement for Incidental Use of Premises By the Ames Police Department Witnesseth 1. BASIC PROVISIONS 1.1 Parties: This license agreement dated July 1, 2022, is made by and between the City of Ames, Iowa, d/b/a Ames Transit (hereinafter referred to as “Licensor”) and the City of Ames, Iowa, d/b/a Ames Police Department (hereinafter referred to as “Licensee”) (collectively the “Parties” or individually a “Party”) for the property located at 129 Hayward Avenue (hereinafter referred to as “Intermodal Facility”). 1.2 Premises: (a) Common Areas: Licensor shall make available for the common use of Licensee up to 50% of certain real property consisting of approximately 548 square feet of floor space in the Management office area, including all improvements therein, and more particularly described on Exhibit “A-1” (hereinafter referred to as “Premises”). This office area will be shared with the management firm overseeing daily operations of the facility and will coordinate with its representative. Licensor shall also make available for the common use of the Licensee and tenants of Licensor certain real property consisting of approximately 705 square feet of lobby area adjacent to Licensee’s office, 1,042 square feet of floor space in the central entry vestibule/men’s and women’s restrooms/shower area, and approximately 1,000 square feet of Bus Lane, including all improvements therein or to be provided by Licensor under the terms of this License Agreement, and more particularly illustrated in Exhibit “A-2” (herein referred to as “Common Areas”). (b) Address: The legal address of the premises is as follows: 129 Hayward Avenue, Suite 102 Ames, Iowa 50014 (c) Hours of Operation: Premises and common areas will be available for use by the Licensee seven (7) days a week, typically between the hours of 3:30 p.m. and 5:00 a.m., with accommodations made for incidental use of the space at other times. Licensee will have a representative on site during times when the Premises are utilized by Licensee. 1.3 Term: The term of this License Agreement commences on July 1, 2022, (hereinafter referred to as “Commencement Date”) and ends June 30, 2027 (hereinafter referred to as “Expiration Date”). Any License Agreement must be approved by the Federal Transit Administration prior to execution of an extension of the agreement. Notwithstanding any term or condition to the contrary, Licensor reserves the right to terminate and revoke this License Agreement, without cause, by providing written notice of termination to Licensee. 2 1.4 License: a) Security Services: Licensee shall have license to occupy and utilize Premises for police substation functions and in exchange will provide security services for the Ames Intermodal Facility during the evening/early morning hours. Security services for the facility will include, but not be limited to: • Providing random patrol through parking lot and ramp. • Providing walking patrol of parking area and administration facility as time permits. • Providing immediate law enforcement response from administration area when in the building. • Assisting patrons and facility administration with law enforcement and security related concerns in and around the facility. 1.5 Permitted Incidental Use: Operation of police substation functions by the Licensee may include routine report writing and conducting interviews, telephone calls, planning, briefings, and other administrative activities. The Licensee’s use of all Common Areas shall be nonexclusive, and the Common Area may be used by Licensor for such other purposes it deems appropriate at times of the day not utilized by Licensee under this agreement. 1.6 Parking Spaces: Included in the license for use of the Premises is use of the bus lane west of the bus bays. This space will be identified in writing by the Representative annually and will be subject to change upon written notification by the Representative. 2. PREMISES 2.1 License for Use of Premises: Licensor hereby licenses to Licensee the incidental use of Premises, for the term, under the conditions set forth in this License Agreement. Unless otherwise provided herein, any statement of square footage set forth in this License Agreement is an approximation which Licensor and Licensee agree is reasonable and the agreement based thereon is not subject to whether the actual footage is. 2.2 Condition: Licensor shall deliver the Premises to Licensee with all improvements described in the construction plans and specifications dated December 14, 2010. Licensee shall provide all remaining furnishings and fixtures to be utilized by Licensee in the Licensee’s office area. Any alteration of the Premises must be approved by Licensor’s Representative in writing prior to said alteration. 2.3 Compliance: Licensor represents and warrants to Licensee that the Premises complies with all applicable zoning requirements, ordinances, regulations, and all applicable law affecting Premises and/or required in Licensee’s use of the Premises or common areas appurtenant to the Premises, including the Americans with Disabilities Act (or other laws affecting handicapped access) and any environmental impact or traffic studies or requirements. 3. TERM 3.1 Term: The Commencement Date, Expiration Date and Original Term of this License Agreement are as specified in paragraph 1.3. 3 4. USE 4.1 Use: Licensee shall use and occupy the Premises only for the purposes set forth in paragraph 1.5 or any other use which is incidental thereto including, but not limited to, the supplying of services customarily provided to ensure public safety. Licensee shall not use or permit the use of the Premises in a manner that creates waste or a nuisance. Licensor acknowledges that Licensee’s proposed use of the premises for its public policing operations does not constitute a nuisance. 4.2 Hazardous Substances: (a) Licensee will comply with all environmental laws during the term of the License Agreement and agrees to indemnify, defend, and hold harmless the Licensor from and against all loss, damage, liability, and expense (including reasonable attorney’s fees) that the Licensor may incur as a result of any claim, demand or action related to environmental conditions because of Licensee’s use of the Premises. (b) Licensor represents and warrants to Licensee that the Premises do not contain any asbestos or Hazardous Materials (as defined below) and Licensor is not in violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to the environmental conditions on, under or about the premises including, but not limited to, soil and groundwater condition. (c) The term “Hazardous Material” as used herein shall include, but not be limited to, asbestos, flammable explosives, dangerous substances, pollutants, contaminants, hazardous wastes, toxic substances and any other chemical, material or related substance, exposure to which is prohibited or regulated by any governmental authority having jurisdiction over the Premises, any substances defined as “hazardous substances,” “hazardous materials” or “toxic substances” in the Comprehensive Environmental Response Compensation and Liability Act of 1980, as amended, by the Superfund Amendments and Reauthorization Act 42 U.S.C. § 9601, et seq.; the Hazardous Material Transportation Act, 49 U.S.C. § 1801, et seq.; Clean Air Act 42 U.S.C. § 7901, et seq.; Toxic Substances Control Act, 15 U.S.C. § 2601, et seq.; Clean Water Act, 33 U. S. C. § 1251, et seq.; the laws, regulations or rulings of the state in which the Premises is located or any local ordinance affecting the Premises, or the regulations adopted in publication promulgated pursuant to any of such laws and ordinances. 4.3 Ingress and Egress: Licensee shall have the non-exclusive right of ingress and egress to and from the Premises and shall not be unreasonably restricted in the operation of its vehicles to and from the Premises. Licensee shall ingress the Premises from Sheldon Avenue and egress the Premises on Hayward Avenue. 5. MAINTENANCE AND REPAIRS; IMPROVEMENTS, ADDITIONS & ALTERATIONS Licensee shall maintain the Premises in a clean and orderly condition. Licensee shall, at Licensee’s sole cost and expense, repair all damage done to the Premises or Common Areas, or the Licensor’s adjoining premises by Licensee’s employees, agents, contractors, business invitees, customers, and patrons. Licensor shall maintain and promptly make all common area and exterior repairs (including landscaping, snow removal and common area maintenance), all repairs, replacements or retro-fitting of a permanent character (including, but not limited to, components in the air conditioning, boiler and heating systems, HVAC systems, sprinkler systems, gas lines, electrical and plumbing fixtures and hot water systems, including heaters), and all floors and floor surfaces, driveways, parking lots, bus docks, wall, roof (including water 4 tightness), foundation, footings, Building Systems (as herein defined) and structural repairs, support systems, strengthening, alternations, reconstructions or additions necessitated by reason of lapse of time, weakness or decay, insect infestation or damage to or destruction of the Premises, or to any part thereof, or which may, at any time, be required by any governmental or public authority, except for any damage caused solely by Licensee’s negligence. The “Building Systems” shall be construed as the building utility elements essential for Licensee’s use and occupancy of the Premises including, but not limited to, such systems as are not readily accessible to Licensee, such as underground water, sewer, electric and other utility lines, and all trash removal related to the Premises. Licensee shall surrender the Premises in as good order, repair, and condition as the same were at the commencement of the Term, damage by fire and items covered by extended coverage, insurance, unavoidable casualty, reasonable wear and tear, alternations, improvements, and additions made by Licensee and Licensor’s failure to repair excepted. 6. NO ASSIGNMENT Licensee shall not have the right to assign any rights under this License Agreement. 7. SEVERABILITY The invalidity of any provision of this License Agreement, as determined by a court of competent jurisdiction, shall in no way affect the validity of any other provision hereof. Time is of the essence with respect to the performance of all obligations to be performed or observed by the Parties under this License Agreement. 8. NO PRIOR OR OTHER AGREEMENTS This License Agreement contains all agreements between the parties with respect to any matter mentioned herein, and no other prior or contemporaneous agreement or understanding shall be effective. 9. NOTICES 9.1 All notices required or permitted by the License Agreement shall be in writing and may be delivered in person (by hand or by messenger or courier service) or may be by certified or registered mail or U.S. Postal Service Express Mail, with postage prepaid, or by a nationally recognized overnight courier (next day delivery) and shall be deemed sufficiently given if served in a manner specified in this section 9. Timely delivery of notices as specified in this License Agreement to the individuals and addresses noted below shall constitute the Party’s sufficient delivery of notice. Either Party may, by written notice to the other, specify a different address or individual for notice purposes. A copy of all notices required or permitted to be given to Licensor hereunder shall be concurrently transmitted to such party or parties at such addresses as Licensor may from time-to-time hereafter designate by written notice to Licensee. Licensor Representative Licensee Barbara Neal Mark Miller Geoff Huff Transit Director Program Manager I Police Chief Ames Transit Agency Iowa State University City of Ames 600 N. University Blvd. Room 27, Armory Bldg. 515 Clark Ave. Ames, IA 50010 Ames, IA 50011 Ames, Iowa 50010 5 9.2 Any notice sent by registered or certified mail, return receipt requested, shall be deemed given on the date of delivery shown on the receipt card, or if no delivery date is shown, the postmark thereon. Notices delivered by United States Express Mail or overnight courier that guarantees next day delivery shall be deemed given twenty-four (24) hours after delivery of the same to the United States Postal Service or courier. If notice is received on a Sunday or legal holiday, it shall be deemed received on the next business day. 10. WAIVERS No waiver by Licensor of the Default or Breach of any term, covenant, or condition hereof by Licensee shall be deemed a waiver of any other term, covenant, or condition hereof, or of any subsequent Default or Breach by Licensee of the same or of any other term, covenant, or condition hereof. Licensor’s consent to, or approval of, any act shall not be deemed to render unnecessary the obtaining of Licensor’s consent to, or approval of, any subsequent or similar act by Licensee, or be construed as the basis of an estoppel to enforce the provision or provisions of this License Agreement requiring such consent. Regardless of Licensor’s knowledge of a Default or Breach at the time of accepting rent, the acceptance of rent by Licensor shall not be a waiver of any preceding Default or Breach by Licensee of any provision hereof, other than the failure of Licensee to pay the rent so accepted. Any payment given Licensor by Licensee may be accepted by Licensor on account of monies or damages due Licensor, notwithstanding any qualifying statements or conditions made by Licensee in connection therewith, which such statements and/or conditions shall be of no force or effect whatsoever unless specifically agreed to in writing by Licensor at or before the time of deposit of such payment. 11. SIGNS Under this License Agreement, vinyl letters will be added (at no cost to the Licensee) to the entrance of the shared management/Executive Express lobby, indicating the presence of the Safe Neighborhoods Team in the management office. Additionally, a sign in the same style and format as other office signage will indicate the "Safe Neighborhoods Team" next to the sign indicating "Management Office" at the door to this shared office when entering from the lobby. No additional signage will be permitted indicating the presence of the policing function as the facility is intended as a transportation facility. 12. AMENDMENTS This License Agreement may be modified only in writing, signed by the Parties in interest at the time of the modification. [S I G N A T U R E S O N N E X T P A G E ] 6 LICENSOR AND LICENSEE HAVE CAREFULLY READ AND REVIEWED THIS LICENSE AGREEMENT AND EACH TERM AND PROVISION CONTAINED HEREIN, AND BY THE EXECUTION OF THE LICENSE AGREEMENT SHOW THEIR INFORMED AND VOLUNTARY CONSENT THERETO. The parties hereto have executed this License Agreement at the place on the dates specified above to their respective signatures. Date: Date: ____________ For City of Ames For City of Ames d/b/a Ames Transit Agency: d/b/a Ames Police Department: John A. Haila, Mayor John A. Haila, Mayor ____________________________________ Barbara Neal, Transit Director Geoff Huff, Chief of Police Ames Transit Agency (CyRide) City of Ames 7 EXHIBIT A-1 8 EXHIBIT A-2 Caring People Quality Programs Exceptional Service 515.239.5146 main fax Legal Department To: From: Date: Subject: At the December 21, 2021 Ames City Council meeting, the Council approved a Memorandum of Agreement with Story County to accompany the decennial reprecincting ordinance that was adopted at the same meeting. The Iowa Secretary of State reviewed our ordinance, and caught one small error, and the Council subsequently amended the ordinance to correct that error. The Iowa Secretary of State’s office has now reviewed the agreement between the City of Ames and Story County regarding certain census blocks, and is requiring some adjustments to the agreement. The attached agreement is to fix those small errors in the December 21, 2021 agreement which were identified by the Secretary of State. State law requires that precincts follow census blocks. The U.S. Census incorrectly designated some census blocks as unincorporated, when they are actually within the Ames city limits. Therefore, the attached agreement assigns those census blocks to precincts. Also, several unincorporated Census blocks are not contiguous with and/or are in a separate state legislative district from their rural townships, and these unincorporated Census blocks will be added to an Ames precinct. Note that this does not mean that the individuals living in these census blocks now assigned to precincts in Ames, who do not live within the Ames corporate limits, will be eligible to vote in City elections -- it only Item No. 16 means that they will be assigned to an Ames precinct for voting purposes only. The Auditor’s office will have separate “township ballots” at election time for the few individuals who reside in these areas. This is a common practice in the redistricting/reprecincting process and such an agreement has been in place since the last redistricting in 2011. ALTERNATIVES: 1. Approve the Memorandum of Agreement with Story County regarding census blocks and the new precincts in Ames. 2. Do not approve the Memorandum of Agreement with Story County. RECOMMENDED ACTION: The Secretary of State’s office is requiring this amended agreement to correct some small errors in the original agreement approved in December 2021. Therefore, it is the recommendation of the City Attorney that the Council adopt Alternative #1. 1 ITEM # ___17 _ DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: REQUEST TO JOIN MID-IOWA PLANNING ALLIANCE BACKGROUND: On April 26, 2022, the City Council referred a letter from the newly formed Mid-Iowa Planning Alliance for Community Development (MIPA). MIPA is a non-profit organization dedicated to supporting communities in Boone, Dallas, Jasper, Marion, Polk, Story, and Warren Counties which is being provided staff support through a contract with the Des Moines Area Planning Organization. MIPA representatives suggest that by joining this organization the members will receive the following benefits: • Knowledge of available State and Federal grant opportunities • Grant writing and grant administration services • Technical assistance for map-making and local planning projects • Preparation of Comprehensive Plans or Zoning Ordinance Updates (for additional cost above and beyond membership fee) • City projects incorporated into a regional Comprehensive Economic Development Strategy of an Economic Development District like MIPA should improve the competitiveness of the City’s federal grant applications. MIPA has been designated by the U.S. Economic Development Administration as an Economic Development District. This designation will pay for 50% of the cost of a new staff member to provide the technical assistance listed above that is requested by the members, along with the availability of other Des Moines Area Planning Organization staff members. This initial EDA grant requires a 1 for 1 local match. In order to raise these matching funds, a membership fee of $0.15 per capita has been established, for a total cost of $12,455 through June 30, 2023. (Note: the MIPA Board can increase this fee in subsequent years) The attached information indicates that many of the larger cities in the seven-county region have already joined, including: Des Moines, West Des Moines, Ankeny, Waukee, and Urbandale along with our neighbors (Boone, Huxley, Nevada, Story City, and Story County). 2 ALTERNATIVES: 1) Approve the request to join the Mid-Iowa Planning Alliance through June 30, 2023 at a cost of $12,455. Funding for this initiative will have to come from the City Council’s Contingency Account which has a balance of $85,209. 2) Decide not to join the Mid-Iowa Planning Alliance at this time. 3) Refer the request to join the Mid-Iowa Planning Alliance to staff to obtain additional information about membership. CITY MANAGER'S RECOMMENDED ACTION: Staff has been reluctant to recommend the City joining a regional planning organization where the entity must prioritize funding requests and make recommendations to the state or federal funding agency. In the past, the City grant requests received a lower priority from the planning agency than the larger cities. MIPA representatives have assured City staff that this will not be the case here. All grant application for members for the same funding program will be processed and sent in without prioritization or recommendation from MIPA. While most of the services offered by MIPA can already be performed by City staff, the ability to utilize its staff for grant writing and grant administration could prove very beneficial to the City. Because most of the bids for City projects are coming in above budgeted amounts, there will be a need to pursue a greater number of state and federal grants in the coming year in order to proceed with many of the City projects. The assistance offered by MIPA for grantsmanship could free up a substantial amount of staff time. Pursuing membership in MIPA for one year will allow the City to evaluate the services offered and determine if continuing membership is warranted. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. Mid-Iowa Planning Alliance for Community Development 420 Watson Powell Jr. Way· Suite 200 Des Moines, IA 50309· 515-334-0075 midiowaplanningalliance.com Supporting Economic Development in Boone, Dallas, Jasper, Marion, Polk, Story, and Warren Counties. April 18, 2022 Mayor John Haila and City Council Ames City Hall 515 Clark St. Ames, IA 50010 Honorable Mayor Haila and City Council Members: The City of Ames is formally invited to join the Mid-Iowa Planning Alliance for Community Development (MIPA), a new nonprofit organization that is dedicated to supporting communities in Boone, Dallas, Jasper, Marion, Polk, Story and Warren Counties. MIPA was formed late last year by a group of city and county staff members, economic development professionals, and other stakeholders from the Mid-Iowa region. After much preparation, MIPA is now fully operational, effective April 1, and is providing professional planning, programming, and technical assistance to its members, including: • Grant writing & administration • Regional Planning, e.g. Comprehensive Economic Development Strategy • Other member support, e.g. technical assistance, map-making, and local planning • Option to contract for local planning, such as comprehensive plans or zoning updates MIPA will leverage federal grant dollars to help pay for staffing costs. MIPA was designated by the U.S. Economic Development Administration as an “Economic Development District,” which has several benefits. For one thing, the designation will open more funding opportunities for local projects. For another, it will provide $70,000 annually for staffing. The federal grant for staffing requires 1-to-1 local match, which is why MIPA is charging annual membership dues of 15 cents per capita. For the first 15 months of MIPA’s operations, those dues would come to $12,455 for the City of Ames. Membership is optional, so there’s no cost if you don’t join. Though we believe the benefits outweigh the costs and hope you will consider joining. We have created a webpage (www.midiowaplanningalliance.com/membership) that outlines all the information about membership. The site includes a rate sheet, bylaws, general information about membership, instructions for joining, and a template resolution. As always, please feel free to reach out to our team if you have any questions. Sincerely, Todd Ashby CEO / Executive Director CC: Steve Schainker 1 ITEM # ____18__ DATE 05/10/22_ COUNCIL ACTION FORM SUBJECT: POLICE DEPARTMENT IN-CAR COMPUTER REPLACEMENT BACKGROUND: Police patrol vehicles are each outfitted with a ruggedized laptop computer that allows an officer to perform various tasks from the vehicle, including receiving dispatch information, records search, ticket writing, and electronic filing. These laptops are on a four-year replacement cycle. The current laptops are now past their replacement cycle. For more than 14 years, the Department's in-car computers have been Panasonic Toughbook models. Panasonic is the industry leader in the limited market of fully ruggedized laptops. The experience with Toughbooks has been exceptional, and the Police requests to continue with the Toughbook CF-33 model. The State of Iowa has a Master Pricing Agreement for Panasonic Laptops and Tablets which includes pricing from Keltek, Inc. This Master Pricing Agreement provides the Department with standardized pricing and allows for negotiated discounts based on quantity and service level. Section 6.06 of the City of Ames Purchasing Policies and Procedures allows the use of State of Iowa cooperative agreements in place of soliciting written bids or verbal quotations for the purchase of commodities and services costing less than $25,000. Because some of the computers have been replaced over time, only seven of the cars require replacement Toughbooks at this time. Several additional vehicles require updated modems. Therefore, City staff obtained a proposal for seven Toughbooks and 11 updated modems, along with other supporting equipment (power supplies, keyboards, etc.) and installation services from Keltek, Inc., of Baxter, IA, in the amount of $64,342.44. This pricing includes Department-negotiated discounts, including a 25% discount on the Panasonic Toughbook CF-33, a 10% discount on the modems, and a 20% discount on the modem antennas. Because the proposal cost exceeds the $25,000 limit in the City’s Purchasing Policies and Procedures for the use of cooperative agreements in lieu of soliciting bids, staff is requesting a waiver of a Purchasing Policy to award this contract. Staff believes this is justified for two key reasons: 1) There are limited potential suppliers for these specialized products, and the negotiated discounts result in a reasonable cost that is within the available funding. 2) The vendor is capable of placing this critical equipment into service in a timely manner. It is important to make these replacements before equipment failure 2 occurs. Funding for this purchase is available through the Police Department’s IT depreciation account, which currently has a balance of $368,000. ALTERNATIVES: 1. Waive the City’s Purchasing Policies and Procedures requirement for competitive bids in order to award a contract through the State of Iowa Master Pricing Agreement, and approve a contract with Keltek, Inc., Baxter, IA, in the amount of $64,342.44 for Panasonic Toughbook CF33s and associated modems. 2. Do not waive the City’s Purchasing Policies and Procedures requirement for competitive bids in order to award a contract through the State of Iowa Master Pricing Agreement, and instead direct staff to solicit competitive bids for this equipment. CITY MANAGER'S RECOMMENDED ACTION: In-car computers are a critical piece of equipment in the Police Department's vehicles. The Panasonic Toughbook has a demonstrated history of quality and reliability. The proposal provided by Keltek, Inc., which includes all equipment and installation, is appropriate and reasonable. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM # 19 DATE 05-10-22 COUNCIL ACTION FORM SUBJECT: FY 2022/23 RIGHT-OF-WAY RESTORATION (TURF GRASS VEGETATION) BACKGROUND: This program is for restoration of the right-of-way areas associated with various Capital Improvements Plan (CIP) projects, along with some smaller maintenance projects as needed. Disturbed ROW areas under this contract will be restored using seed or s o d . This ROW Restoration program allows the use of a single contractor who specializes in turf grass to restore several locations with improved quality. Staff has completed plans and specifications for this contract which includes a base bid for ROW Restoration (turf grass vegetation). This base bid has an estimated construction cost of $305,884 with an estimated engineering cost of $45,000. The budget shown below includes the funds from the FY 2022/23 ROW Restoration CIP budget (some funding from FY 2021/22 was carried forward). Remaining funds will be used for an additional ROW Restoration (Native Vegetation) contract, which involves distinct native planting requirements and will be awarded at a later time under a separate contract. Funding Source Road Use Tax $250,000 Water Utility Fund 150,000 Sewer Utility Fund 150,000 Storm Sewer Utility Fund 100,000 Project Activity 2022/23 ROW Restoration (Turf Grass) Construction $305,884 2022/23 ROW Restoration Engineering 45,000 2022/23 ROW Restoration (Native Vegetation) Estimated 290,000 2 ALTERNATIVES: 1. Approve the FY 2022/23 Right-of-Way Restoration (Turf Grass) by establishing June 8, 2022, as the date of letting and June 14, 2022, as the date for report of bids. 2. Direct staff to revise the project. CITY MANAGER'S RECOMMENDED ACTION: Proceeding with this project will make it possible to begin restoration efforts on projects from the current construction as well as on projects planned for the 2023 construction season. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM # ___20__ DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS AND NOTICE TO BIDDERS FOR THE DEMOLITION OF THE OLD WATER TREATMENT PLANT BACKGROUND: The final step in the transition to the new Water Treatment Plant is a project to demolish the old treatment facility. The new plant started operation in the fall of 2017, and it is time to demolish the old water treatment plant. Staff believes it is important to complete the demolition as soon as practical to prevent it from becoming an abandoned eyesore, or even worse a dangerous structure. This project will demolish the filter building, chemical feed building, external treatment basins, administrative offices, and ¾-million-gallon ground reservoir. Improvements to the site distribution and raw water piping will be included in this project as well. The high service pump station, two-million-gallon storage reservoir, and five-million- gallon storage reservoir are still in active use and will remain. The two-story Technical Services Complex, which is located directly north of the treatment plant and houses the Water Meter and Laboratory Services Divisions, will also remain. On May 26, 2020, City Council awarded a contract to Strand, Inc. of Madison, WI, for design of the Old Water Treatment Plant Demolition. The final design is complete, and the Iowa Department of Natural Resources has issued a construction permit. Staff is ready to issue a Notice to Bidders for the demolition work. The engineer’s estimate of probable construction costs is $2,220,000. The total estimated project expense is outlined in the table below. Estimated Total Project Expense: Engineering $ 168,300 Project administration, permitting, and asbestos assessment 25,000 Construction Cost Estimate (includes 10% Contingency) 2,442,000 Total Estimated Expense $ 2,635,300 2 Total Authorized Budget FY 2018/19 – FY 2020/21 CIP $ 141,916 FY 2021/22 CIP 1,288,560 FY 2022/23 CIP 1,233,000 Total Authorized Budget $ 2,663,476 Funding for the project will be through a low-interest loan from the Drinking Water State Revolving Fund. The annual principal and interest payments on the loan will be paid from the Water Fund. Following the completion of this demolition project, a separate project will add additional square footage to the Technical Services Complex (TSC). A conceptual design of the TSC addition was completed in 2021. Staff will issue a Request for Proposals for architectural services for the full design of the addition in the near future. ALTERNATIVES: 1. Grant preliminary approval of the plans and specifications and issue a Notice to Bidders for a project to demolish the old Water Treatment Plant, and establish June 15, 2022, as the bid due date and June 28, 2022, as the date of public hearing and award. 2. Do not approve the plans and specifications and a Notice to Bidders thereby delaying the completion of this project. CITY MANAGER’S RECOMMENDED ACTION: The Demolition of the Old Water Treatment Plant Project will prevent the structures from becoming dilapidated and potentially dangerous. The design has now been completed and the project is ready for a Notice to Bidders to be issued. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: 21 DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: CYRIDE MINIBUS AWARD OF CONTACT BACKGROUND: CyRide was awarded Section 5310 (Enhanced Mobility of Seniors & Individuals with Disabilities) funding for two low-floor minibuses through the Iowa Department of Transportation (IDOT). The Transit Board approved budget for this purchase is as follows: Funding Source Amount Total Funds Available $341,583 Local funding for this grant was included in the FY 2021/22 Capital Improvements Plan at $312,396. As a result of industry wide cost increases, the Transit Board directed staff to utilize funds from the operations fund closing balance to cover the budget shortfall, increasing the total funds available to $341,583. The IDOT completed a statewide invitation for bid for ADA accessible low-floor light duty 176” wheelbase buses in fall 2021. Transit agencies in the State of Iowa can use the resulting contracts to purchase buses, saving agencies administrative time and money. The two buses planned for replacement are now ten years old, well past the Transit Asset Management (TAM) plan’s useful life benchmark of eight years. Replacing these buses would lower CyRide’s operating costs, provide a more comfortable ride for customers, and move CyRide closer to the TAM plan performance targets. The low-floor minibus bus design would be new to CyRide’s fleet. CyRide has historically purchased high-floor minibuses with steps and a powered wheelchair lift. A low-floor minibus allows stepless boarding for all passengers and provides a quicker and more dependable wheelchair loading experience for CyRide’s ADA passengers by using a manually deployable ramp. CyRide has evaluated the two successful bidders on the Iowa DOT contract and identified New England Wheel’s Frontrunner model as the best option for CyRide’s fleet. The design considerations that set the Frontrunner apart are a true flat floor between the passenger entrance door and the rear axle, bonded and screwed panels, and a manually deployable ramp with gas spring assist. The bus has a lower gross vehicle weight rating which allows it to utilize a smaller engine, improving fuel economy. The vehicle also has a fully composite body with a dip-galvanized chassis, providing longevity against corrosion. 2 CyRide has worked with the New England Wheel dealer listed on the IDOT contract, Hoglund Bus of Marshalltown, Iowa, to determine pricing for the specifications required to meet CyRide’s standards. The price of each bus has been quoted at $167,432. The anticipated delivery timeline would be six to eight months after a purchase order is issued. New England Wheel does not offer paint or vehicle wrap services. The anticipated cost of adding paint or a vehicle wrap would be approximately $10,000 per bus and is included in the operating budget. The Transit Board approved this purchase at its meeting on April 27, 2022. ALTERNATIVES: 1. Approve award of a contract to Hoglund Bus Company of Marshalltown, Iowa, in the amount of $341,583 for the purchase of two new 176” wheelbase low-floor minibuses. 2. Do not approve award of contract for the purchase of new minibuses. CITY MANAGER’S RECOMMENDED ACTION: The purchase of two low-floor minibuses will support CyRide’s goal of increasing mobility and improving accessibility to all customers. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ITEM #___22_ DATE: 5/10/22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR PURCHASE OF ROCK SALT REQUIREMENTS FOR 2022/23 ICE CONTROL PROGRAM BACKGROUND: This contract is to furnish rock salt for the 2022/23 Ice Control Program. Materials are to be delivered as requested by the City throughout the winter season. The estimated total cost is based on a delivered quantity of 2,000 tons. The current contract is with Independent Salt Co. at $76.08/ton. The FY 2022/23 budget includes $195,000 for rock salt. The following bids were received on April 20, 2022: ESTIMATED BIDDER UNIT PRICE TOTAL COST Independent Salt Co., Kanopolis, KS $79.50/ton $159,000.00 Phoenix Contracting LLC, Ruskin, FL $150.00/ton $300,000.00 ALTERNATIVES: 1. Award the contract for the 2022/23 rock salt requirements to Independent Salt Co., Kanopolis, KS, in the amount of $79.50 per ton, to be delivered as requested by the City throughout the winter season. 2. Reject all bids and attempt to purchase rock salt on an as-needed basis. CITY MANAGER’S RECOMMENDED ACTION: The approved FY 2022/23 operating budget for the Public Works Department includes $195,000 or snow and ice control chemicals. The estimated cost of this contract, based on a quantity of 2,000 tons delivered, is $159,000. If usage exceeds the budgeted amount, the operating budget will be amended using savings from other street activities. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ITEM # ___23__ DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: ELECTRIC SERVICES CONDUIT REPLACEMENT AT SOUTHDALE AND OLD ORCHARD TRAILER PARK BACKGROUND: The direct-buried electric lines in the Southdale area and Old Orchard Trailer Park are approaching the end of their expected service life. A contractor will be hired to install new conduits between pad mount transformers to allow for the replacement of these buried electric lines by Electric Services’ crews, with new conductors pulled into the conduit. The scope of work consists of a contractor furnishing all equipment, tools, labor, and materials not supplied by Electric Services for excavating, trenching, directional-boring and backfilling for installation of conduits, ground sleeves, box pads, vaults, handholes, and other appurtenances. The work also includes the necessary clearing, sheeting and shoring, boring and jacking, dewatering, pipe embedment, and other appurtenant work. Bid documents were distributed to 181 vendors. The Invitation to Bid was advertised on the AmesBids. On April 25, 2022, one bid was received. BIDDER COST The Electrical Engineer has reviewed the bid and is satisfied that the low bidder, Communication Data Link, can successfully perform the work. This company has successfully provided similar services under prior contracts with Electric Services. The approved FY 2021/22 operating budget for outside services includes $300,000. ALTERNATIVES: 1) Award a contract to Communication Data Link, Grimes, Iowa, in the amount of $76,640. 2) Reject the bid and attempt to rebid this service. CITY MANAGER’S RECOMMENDED ACTION: This project is necessary to prevent service interruptions to Electric Services’ customers due to buried electric line failures. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ITEM # ___24__ DATE 05-10-22 COUNCIL ACTION FORM SUBJECT: FY 2022/23 BRASS PRODUCTS FOR WATER METER DIVISION BACKGROUND: This contract is for the purchase of various brass products used in conjunction with setting new and replacement water meters, such as flanges, couplings, adaptors, and spacers. The purchase of brass products is a part of the pooled budget for water meters and accessories. The FY 2022/23 Water Meter budget for meters and accessories includes $413,200 in the operating budget and an additional $103,00 in the CIP budget. On February 24, 2022, a Request for Quotation (RFQ) was sent to 3 companies. The RFQ was advertised on AmesBids (www.CityofAmes.org/AmesBids). One bid was received on March 8, 2022: Bidder Evaluated Cost The “evaluated cost” utilizes the bid’s unit prices and assumed quantities that are typical of a normal year’s purchase. Staff reviewed the lone bid, submitted by Core & Main, Grimes, IA by comparing it against the unit prices in the current year agreement and found that the unit price increase was 18.7% higher than the current year pricing, Given the current market for metal commodities and the unwillingness of other bidders to commit to pricing for a year in advance, staff concluded that the bid was reasonable and acceptable. Council should note that no contract amount is being authorized at this time. The contract will instead indicate the unit prices for materials, and payments will be made as these individual products are purchased. ALTERNATIVES: 1. Award a contract for the purchase of FY 2022/23 brass products to Core & Main of Grimes, IA, in accordance with unit prices bid. 2. Reject all bids and attempt to obtain the required products on an as-needed basis. CITY MANAGER’S RECOMMENDED ACTION: It is important to purchase brass products at the lowest possible cost with minimal risk to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM # Addt’l Item DATE: 05/10/22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR CEMETERY MOWING AND TRIMMING BACKGROUND: Since 2017, the Parks and Recreation Department has been responsible for the maintenance of all three municipal cemeteries. The three cemeteries include Ames Municipal, 310 E. 9th St., Ontario Cemetery, 720 North Dakota Ave., and the Bill Sunday Family Cemetery, 605 Billy Sunday Rd. Since 2017, the turf at Ames Municipal and Ontario Cemeteries have been mowed and trimmed by a contractor. Over those years, the City has spent between $20,000 and $30,000 per mowing season to have the mowing and trimming completed. The reason for the disparity in costs is due to the number of times the cemeteries were mowed based on growing conditions of the turf and the cost of each mowing per growing season. The table below displays the number of times the cemeteries were mowed, cost per mowing, and total cost per season since 2017. Year 2017 $1,628 18 $29,304 2018 $1,709 14 $23,924 2019 $1,717 15 $25,755 2020 $1,596 13 $20,748 2021 $2,161 12 $25,932 A contract was awarded for the 2021 season and after one mowing the contractor asked to be released from the contract because they were unable to complete the terms of the mowing contract. In order to complete the mowing for the 2021 season, staff hired a local contractor that had mowed the cemeteries in the past. In preparation for the 2022 mowing season, staff has requested bids three different times since January. There were no bids from the first bid offering and there were two bids after the second bid offering. The lowest of the two bids from the second bid offering was over twice the cost per mowing from last season. The bids were rejected, and staff requested contractors bid a third time and they are shown in the table below: Contractor (cost per mowing and Pitts Lawn and Tree Service, Huxley, Iowa $3,450 Iowa Fence Incorporated, Des Moines, Iowa $4,200 A CUT ABOVE Lawn Care & Landscape, Ankeny, Iowa $4,900 For FY 2021/22, $30,000 has been allocated for contract mowing. So far, $15,225 has been spent which leaves enough available funding to complete FY 2021/22. On average the cemeteries are mowed approximately 15 times per year. For FY 2022/23, $30,000 has been budgeted for contract mowing which leaves a shortfall of over $20,000. If a contract is awarded to the lowest bidder, staff will need to amend the budget during the next budget cycle to have enough funds to complete FY 2022/23. ALTERNATIVES: 1. Award a contract for Cemetery Mowing and Trimming to Pitts Lawn & Tree Service, Huxley, IA, in an amount not to exceed $51,750. ($3,450 x 15x) 2. Reject all bids and attempt to rebid the cemetery mowing and trimming specifications a fourth time. 3. Refer back to staff. CITY MANAGER’S RECOMMENDED ACTION: Mowing and trimming cemeteries is a service that not too many mowing contractors are willing to take on. Based on prices from the last two bid offerings, the cost to mow and trim both cemeteries has increased dramatically from last year. If bids were rejected and there was a fourth bid offering, the likelihood costs would decrease is very slim due to the time of year and the lack of contractors in the area willing to do the work. Pitt’s Lawn and Tree Service is a reputable contractor that staff has relied on in past years to complete the mowing. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1, as described above. Under this alternative, staff will need to amend the budget during the next budget cycle to assure there are enough funds in FY 2022/23 for this work. Smart Choice MEMO 515.239.5105 main fax To: Mayor and Members of the City Council From: City Clerk’s Office Date: May 10, 2022 Subject: Contract and Bond Approval There is/are no Council Action Form(s) for Item No(s). 25, 26 and 27. Council approval of the contract and bond for this/these project(s) is simply fulfilling a State Code requirement. /alc ITEM # __28___ DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: MINOR SUBDIVISION FINAL PLAT FOR NORTHRIDGE VILLAGE PLAT 1 BACKGROUND: Northridge Village is a fully developed continuum of care campus located in the FS-RM (Suburban Residential Medium Density) Zoning District at 3300 GW Carver and 3301 and 3305 Stange Road. The owner is requesting approval of a Minor Subdivision Final Plat for Northridge Village Plat 1. This is a minor subdivision that would divide Lot Two, Baptist Acres Subdivision (less the property described in the acquisition plat for Sheffield Avenue) into three lots (see Attachment B – Proposed Final Plat). A minor subdivision includes three, or fewer, lots and does not require additional public improvements. A minor subdivision does not require a Preliminary Plat and may be approved by the City Council as a Final Plat only, subject to the applicant completing the necessary requirements. Following City Council approval, the Final Plat must then be recorded with the County Recorder to become an officially recognized subdivision plat. The property includes approximately 12.35 acres (see Attachment A – Zoning & Location Map) and has frontage on George Washington Carver Avenue, Stange Road and Sheffield Avenue. A connecting driveway between George Washington Carver Avenue and Stange Road provides access to each of the three facilities, which include independent living, assisted living, skilled nursing, and memory care. No access is allowed from Sheffield Avenue. The division of the property will result in each of the facilities being located on their own separate parcel. Lot 1 will include the 39 independent senior living apartments, 34 assisted living units, and 34 skilled nursing beds. Lot 2 will include the 39 independent senior living apartments. Lot 3 will include the memory care facility and garden pavilion. The Minor Subdivision Final Plat must meet Zoning requirements for each lot and each use. As a result, each lot was evaluated to determine that it is in full compliance with the requirements of the Zoning Ordinance, the Suburban Residential Medium Density Zoning District, and the Subdivision Ordinance requirements. Shared access is required for the site with the subdivision, otherwise all other requirements must be met for each lot. The applicant has an approved Minor Site Development Plan to implement the required landscaping and paving changes to the sites. This includes adding onsite sidewalk and changes to landscaping screening and parking lot trees. The City has previously required improvements to be in place prior to recording a plat in order to ensure zoning consistency. In this case applicant requests authorization to have time to complete the updated landscape planting by the end of September and to post financial security for their completion. They intend to record the Final Plat prior to completing the site improvements that are required. The Addendum describes how the Minor Subdivision and site improvement meet zoning requirements. ALTERNATIVES: 1. Approve the final plat for Northridge Village Plat 1 and acknowledge acceptance of a letter of credit in the amount of $21,217.50 for modifications to on-site paving and landscaping based upon approval of the Final Plat. 2. Approve the final plat for Northridge Village Plat 1 and direct the Final Plat to not be released for recording until the site improvements are completed. 3. Deny the final plat for Northridge Village Plat 1, if the City Council finds that the proposed subdivision does not comply with applicable ordinances, standards or plans. 4. Refer this request back to staff or the applicant for additional information. CITY MANAGER’S RECOMMENDED ACTION: The proposed final plat for Northridge Village Plat 1 is consistent with the City’s existing subdivision and zoning regulations. The provision of the access easement ensures that the site meets access requirements upon recording of the final plat and access easement. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1. ADDENDUM Parcels: The proposed subdivision is currently one parcel with a proposal to divide it into three lots. The property is no longer in a condo regime. Zoning: The proposed subdivision is located within the FS-RM (Suburban Residential Medium Density) zoning district. The three buildings include independent living, assisted living, skilled nursing, and memory care facilities. These uses are allowed by Special Use Permit within the FS-RM zoning district. Site Development Plans and a Special Use Permit were approved by the Zoning Board of Adjustment for each building. • Phase 1: 3300 George Washington Carver: 39 independent senior living apartments, 34 assisted living units, and 34 skilled nursing beds. Approved February 12, 2014; subsequently amended February 11, 2015. • Phase 2: 3305 Stange Rd: 39 independent senior living apartments. Approved September 14, 2016. • Phase 3: 3301 Stange Rd: memory care facility. Approved August 6, 2019. • Other: garden pavilion. Approved August 26, 2020. The proposed subdivision alters the development requirements, as each of the lots must meet zoning requirements for its occupancy and use. As a result, all three lots were evaluated to determine that each lot as proposed is in full compliance with the requirements of the Zoning Ordinance and the FS-RM Zoning. Approval by Final Plat for a Minor Subdivision is contingent on each lot meeting the required development standards. Some adjustments to previously approved site plans had to be made to accommodate required setbacks, parking, and landscaping. Landscape screening had to be added between the surface parking lots of Lot 2 and Lot 3. Landscaping: Forty percent of each lot area is required to be landscaped. One parking space was removed to accommodate required landscape screening between the surface parking lots of Lot 2 & 3. One additional tree was required to meet parking lot landscaping on Lot 3. Additionally, the property owner will be replacing all dead and dying trees so that the landscape is in compliance with code requirements. Access: An access easement is proposed along the connecting driveway that spans Lots 1, 2, & 3, between George W Carver Avenue and Stange Road. This is necessary to facilitate the shared access of all three buildings from either Stange Road or George W Carver Avenue. The access easement is described in the Easements document. Parking: Each lot has to satisfy the on-site parking requirements for its use. Remote parking is not available in FS-RM. Staff evaluated the required parking against the existing parking that is provided for each facility. It was determined that each facility can support the required parking. In total the site had nine more spaces than required. All nine were initially included on Lot 2. W ith the new lot configuration, eight of these spaces are now included on Lot 3. One additional space (from Lot 2) will be converted to a planting area to accommodate the required parking lot landscape buffering between Lots 2 and 3. Additionally, the sidewalk leading to the Memory Care Building on Lot 3 is being extended along the front of the eight additional spaces. The following table illustrates the final parking count provided for each lot: Parking Required-Provided for Northridge Village Lot 1 Lot 2 Lot 3 Total Required: Independent Living 39 39 78 1 space per unit Assisted Living 34 34 1 space per unit Skilled Care 8 8 1 space per 5 beds Staff Parking 15 3 18 1 space per 2 employees Memory Care 8 8 TOTAL 96 42 8 146 Required Accessible Parking 5 2 1 9 Provided: Standard Parking 92 9 15 116 Accessible Parking 8 2 1 11 Garage- Attached 24 20 44 Garage- Detached 9 10 19 TOTAL 133 41 16 190 Public Infrastructure: Public utilities serve the existing development. The Plat and Easements document identify both existing and proposed public utility easements. The only public infrastructure requirement for a Minor Subdivision Final Plat are sidewalk improvements. Sidewalk improvements have already been installed along all street frontages. Attachment A Zoning & Location Map Attachment B Proposed Final Plat of Northridge Village Plat 1, page 1 Attachment B Proposed Final Plat of Northridge Village Plat 1, page 2 Attachment C Access Easement Attachment D Applicable Laws The laws applicable to this case file are as follows: Code of Iowa, Chapter 354.8 states in part: A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conforms to sections 354.6, 354.11, and 355.8. Ames Municipal Code Section 23.303(3) states as follows: (3) City Council Action on Final Plat for Minor Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City's Land Use Policy Plan and to the City's other duly adopted plans. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities and services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision. 1 Staff Report FITCH FAMILY INDOOR AQUATIC CENTER UPDATE May 10, 2022 BACKGROUND: The City Council has made it a priority to construct a new warm-water Indoor Aquatic Center (IAC) at 122 North Oak Avenue, which is property currently owned by the Iowa Department of Transportation (IDOT). The last update regarding the project was given to Council on November 23, 2021, and the activity that has occurred since that time warrants an update. City staff has been concentrating on five issues related to the IAC over the past several months, which are discussed in this report. Some issues indicated below may require City Council direction and these are identified under staff comments at the end of the report: •Project cost estimate update •RDG Planning and Design Contract Update •Construction Manager Contract Update •IDOT land acquisition update •Environmental assessments conducted PROJECT COST ESTIMATE UPDATE: The table below shows two cost estimates for a one-level building with a 9,000 square foot east addition. The first estimate was provided in August 2021 by the consulting firm Stecker Harmsen. The second estimate is an update from Stecker Harmsen provided in April 2022. Best Estimates -Subject to Change! August 2021 Stecker Harmsen Estimate April 2022 Stecker Harmsen Estimate Items One Level w East Addition One-Level w/East Addition Subtotal $ 29,160,376 $ 31,078,405 Total $ 30,164,176 $ 32,632,325 Item No. 29 2 With $31,000,000 of available funding for this project, the new cost estimate results in a funding shortfall of $1,632,325. It must be emphasized that this is an estimate and with continuous increases in construction costs expected, this shortfall is likely to be higher when the final estimate is done prior to bidding. Considering this information, staff is proposing a different approach to determine the budget for this project. The first step is to determine and/or establish the costs that are known or where there is high confidence in the amount. These would include land cost, owner’s contingency, FFE (furniture, fixtures, and equipment), surveys and testing, relocation of overhead electric lines, design costs, and construction management costs. The second step is to deduct those known costs from the total available funding to determine what funding remains. This remaining amount is the maximum amount allowed for construction and would cover building construction, general requirements, contractor’s markup, and an estimate contingency. Lastly, there may be some funding left over to cover high bids or add alternates. It should be noted that the priority with this approach is to construct an indoor aquatic center with the east addition being bid as an add alternate. If funding is available when contracts are awarded to add the east addition, Council can do so. Following is a budget using this approach. TOTAL FUNDS AVAILABLE $31,000,000 Owner’s Soft and Direct Costs Land acquisition $ 2,900,000 Owner’s contingency 2,100,000 FFE 500,000 Surveys and testing 390,000 Relocate overhead electric lines 75,000 Design costs 1,798,250 Construction Manager 1,323,984 Sub-Total $ 9,087,234 Funds Available for Construction $21,912,766 Building Construction Costs (Based on Stecker Harmsen’s April 2022 Estimate) Construction costs (excludes east addition) $17,000,000 General requirements (4.5%) 765,000 Contractor’s markup (6.5%) 1,105,000 Estimate contingency 1,630,000 Sub-Total $20,500,000 Funds Remaining $1,412,766 3 The east addition alone, which is excluded from the $17 million construction cost estimate above, is estimated by Stecker Harmsen to cost $2,973,702. With remaining funds of $1,412,766, there is a funding shortfall of $1,560,936 to complete the east addition component. Two Approaches To Pursue: Approach 1 If it is Council’s vision to have a quality, energy efficient indoor aquatic center, bidding the east addition as an alternate will best accomplish that vision. Only if favorable bids are received, the opportunity would exist to deliver the east addition in combination with the main aquatic facility. Approach 2 Alternatively, if the aquatic portion and east addition must both be completed in order to achieve the City Council’s vision, then quality, energy efficiency, and other features may be compromised in the overall facility in order to deliver the project within the current available funding. At the May 10 meeting, staff will be seeking Council’s guidance regarding which of the two approaches presented above to pursue. RDG PLANNING AND DESIGN CONTRACT UPDATE: RDG Planning and Design was selected through a Request for Proposal (RFP) process to develop a conceptual design for the Healthy Life Center (HLC). When Council directed staff to apply for the Iowa Reinvestment District Program in 2021, it also approved using RDG to develop a conceptual design for the Indoor Aquatic Center (IAC) which was based on the aquatics portion of the HLC. Through the development of the HLC and the IAC, RDG has developed a very good understanding of the City’s goals as it relates to an aquatic facility. At its November 23, 2021 meeting, City Council approved hiring RDG Planning and Design to design the Fitch Family Indoor Aquatic Center. Since that time, staff has been meeting with RDG to agree on a scope of services, a contract, and a fee for their services. These items are being finalized and a contract hopefully will be presented to Council for award at its May 24, 2022 meeting. No action is required at the May 10 meeting regarding this item. CONSTRUCTION MANAGER CONTRACT UPDATE: At its January 25, 2022 meeting, City Council directed staff to issue a Request for Proposals (RFP) for Construction Management Services for the design and construction of the Fitch Family Indoor Aquatic Center. Services of the CM were to include Pre- Construction services (assist with design, provide cost estimates, and develop bid 4 packages) and construction services (managing all aspects of construction including contractors, coordination of tasks, review of shop drawings and submittals, etc.). Four firms submitted RFP responses and were evaluated by City staff. Evaluation criteria included: 1) The firm’s qualifications and experience as a construction manager, 2) Experience with swimming pools and similar projects, 3) Team approach to pre- construction and construction services, 4) Knowledge of the public sector construction market in Iowa, 5) Organization, clarity, completeness, and responsiveness to the RFP, and 6) Cost proposal. The firms and their evaluation scores, with and without the costs included, are shown below: FIRM RFP SCORE W/O COSTS RFP SCORE WITH COSTS Based on these RFP Evaluation Scores, Story Construction and Henkel Construction were brought in for an interview on March 21, 2022. These interviews were evaluated by the same evaluation group. The interview scores were added to the RFP scores to obtain a total score for each firm as shown below: FIRM RFP SCORE WITH COSTS INTERVIEW SCORE TOTAL SCORE A breakdown of the cost proposals for all four submittals is shown below: TOTAL COST $1,245,820 $1,099,680 $1,173,524 $1,400,424 When comparing Story Construction (Story) to Henkel Construction (Henkel), the following observations were made: • Story’s fees include approximately $100,000 more in pre-construction services, $100,000 more in CM fees and $100,000 more in staffing fees (Note: these figures have changed through the negotiation phase). • Story is clearly providing more pre-construction services than Henkel and staff believes that the value of this work will provide the City with clearer bid documents, potentially more interested bidders, and appropriate bid packages. 5 • All of Henkel’s aquatic experience has been as a general contractor, while Story has served as a construction manager and a general contractor for aquatic projects. Both lack extensive indoor aquatic experience. • Story has functioned as a construction manager more than Henkel (25 projects versus 11, respectively), and was evaluated as the top firm through the evaluation process. • The largest construction manager project for Henkel in the last five years has been $12 million, while Story has been the construction manager on five projects over $20 million. • It should be noted that during the evaluation process, staff became aware that prior to the issuance of the Construction Management RFP, both Story and Henkel made monetary donations to the fundraising campaign for the Indoor Aquatic Center project. This fundraising campaign is being organized by the Ames Chamber, and therefore City staff was not aware of the donations at the time they were made, or when the RFP was issued. The City Attorney has reviewed this information and has determined that awarding a contract to either firm in light of these donations would not violate law or policy. However, it has the potential to appear to be a conflict of interest. For this type of contract, the City is not required to hire the low bid; instead, the City can award a contract to the company it determines will best provide the services requested. Although Story Construction’s cost proposal was the highest, staff feels the company brings the most competence as a construction manager for this project. As a result, staff began further discussions and negotiations to finalize the terms of a contract with Story Construction. Hopefully, a contract will be brought before Council on May 24, 2022. No action is requested at the May 10 meeting regarding this item. IDOT LAND ACQUISITION UPDATE: Based on the City’s expressed interest in the property, the IDOT retained an independent appraiser to establish the market value of the 122 North Oak Avenue property. The appraisal concluded that the market value of the property as of October 4, 2021, is $2,900,000 for this 2.91 acre site. The appraisal was then reviewed and certified by a second appraiser per IDOT policy on October 31, 2021. The appraisal notes that it assumes the property “does not suffer from soil or groundwater contamination,” and the appraiser did not review reports of any asbestos or hazardous materials that may be present on the site. City staff has held several conversations with IDOT staff since the issuance of the appraisal report, in order to clarify details regarding the property, the environmental conditions, and other aspects of the appraisal. The IDOT has indicated from the start of the discussions that the property is being sold as-is. 6 DOT Policy allows the property to be first offered to governmental entities before it is made available for purchase by others. To accomplish this, the IDOT will deliver an invitation to the City to submit an “Offer to Buy.” This offer must be returned to the IDOT within 30 days of notification of the opportunity. According to DOT Policy, the offer must equal or exceed the fair market value of the property as determined in the appraisal. If no valid offer is received within 30 days, the parcel is disposed of by public auction. After the City submits the Offer to Buy, the City will receive a letter within several days indicating the offer has been accepted. Once accepted, the City would transfer the payment to the state no later than October 1, 2022. The property would be conveyed by State Land Patent. Since the State Land Patent may take up to 45 days to be issued, there is language in the Offer to Buy agreement regarding a Mutually Beneficial Lease. This Lease will allow the City to treat the property as its own until the State Land Patent is issued. This is important; without the MBL, the City would not be able to make any alterations (remove hazardous fixtures, asbestos removal, etc.) to the building until the State Land Patent is received. The IDOT has agreed to vacate the premises no later than September 30, 2022. The Offer to Buy and Mutually Beneficial Lease are being finalized and staff hopes to bring these items before Council on May 24, 2022. No action is being requested of the Council regarding this item at the May 10 meeting. However, before staff can recommend purchasing the land from the IDOT, Council direction will be required regarding the environmental assessments in the section of this report below. ENVIRONMENTAL ASSESSMENTS CONDUCTED: The City retained a contractor, Impact7G, to complete an environmental analysis of the 122 North Oak Avenue property. This analysis reviewed the history of the sites, explored subsurface soil conditions, and investigated for any soil contamination issues that may require mitigation. Below is a listing of the reports completed and a summary of the findings: PHASE 1 ENVIRONMENTAL SITE ASSESSMENT (ESA) The ESA reviews records to determine the history of the site. Staff provided environmental reports received from the DOT regarding any activity on the property since the DOT purchased it in 1995. Over the years, the site has contained residential development, a church, St. Cecilia school, and a gas filling station (northeast portion of the property). The surrounding area has consisted of residential development, industrial development, and commercial 7 businesses. Of concern is a coal gas company which was located north of the property along 2nd Street, as well as a variety of petroleum activities (bulk oil stations, filling stations, and several gasoline tanks) to the north and east. The Assessment identified several Recognized Environmental Conditions (RECs) which are defined as “the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: 1) due to release to the environment; 2) under conditions indicative of a release to the environment; or 3) under conditions that pose a material threat of a future release to the environment.” The following RECs were identified: • Historical records indicate that, for several decades in the 1900s, multiple sites north, northeast, and east of the Property were occupied by manufacturing, gas, and oil facilities. Fire insurance maps show the Property itself had a gas filling station and storage tanks near its northeastern corner between at least 1947 and 1963. • A former Leaking Underground Storage Tank (LUST) site (821 Lincoln Way) was closed in the State regulatory program. Contaminant plume and pathways maps indicate contamination, or the potential for future contamination, to have reached the Property’s southeastern corner. Past reports show two soil samples and groundwater monitoring wells were installed immediately east of the Property. In 2001, the two samples indicated a low contaminant concentration in soil. • Regulatory records for a State-regulated contaminated site immediately north of the Property (903 2nd Street) included a Phase II report that was conducted on the Property in 1994, which included nine testing locations that showed petroleum contamination in the northeastern corner of the Property. Investigations for the north-adjoining site included six monitoring wells to delineate contamination in the northeastern corner of the Property. That case was closed in 2021, but with contaminants of concern exceeding Statewide Groundwater Standards in the far northeastern corner of the Property as recently as September 2020. Impact7G considers the documented contamination a REC under a condition indicative of a release to the environment. As a result of these findings, Impact7G recommended additional investigation be performed. ASBESTOS CONTAINING MATERIAL (ACM) INSPECTION – NORTH ANNEX This inspection found approximately 460 square feet of membrane adhesive and 70 linear feet of tar on the roof that contain asbestos. This will need to be removed prior to demolition. No other ACM was identified in this building. ASBESTOS CONTAINING MATERIAL (ACM) INSPECTION – CONFERENCE CENTER Twenty samples of materials were tested, and asbestos was not detected in any of the samples. 8 HAZARDOUS MATERIAL INVENTORY Hazardous materials were identified throughout the structures and items include materials that are classified as hazardous building materials/items (CFCs, hydraulic fluids, dielectric fluids, products containing mercury, radioactive materials, appliances, and electronic materials). Impact7G recommends the removal of all hazardous materials located within the structures slated for demolition. The DOT has agreed to remove some, but not all, of these items prior to vacating the premises. GROUND PENETRATING RADAR SURVEY (GPRS) When researching the site, it was noticed there is no record that the filling station’s underground storage tanks were ever removed. This is not uncommon, thus a GPRS was conducted and no storage tanks were identified. It should be noted that because of the conditions (i.e. soil conditions) the radar was only able to penetrate 2-3 feet rather than the normal 8-9 feet. Staff asked Impact7G if this is a concern and the reply was to not be overly concerned as the radar would have detected filler pipes for the tanks. However, a DNR representative indicated GPR is ineffective in the state of Iowa due to the general soil composition. GEOTECH REPORT Findings suggest the soils are suitable for all types of construction. However, groundwater was detected 7-10 feet below the surface and there are some sand seams in some of the borings. This may require special footings to be constructed which will increase cost. This will be accounted for in the project budget. It should be noted that only nine borings were completed over a nearly three-acre site (picture below). Unforeseen problems with soil conditions could arise once construction starts due to the limited number of borings. 9 LIMITED SUBSURFACE INVESTIGATION (LSI) REPORT Three environmental and Geotech borings (TMW -1, TMW-2, and TMW -3) were drilled on the east side of the property as shown in the above picture. The tests from these borings identified several contaminants that exceeded the limits included in the State Wide Standards (SWS). Additionally, DNR testing wells on the site detected contaminants that exceeded SWS as recently as 2020. These wells were abandoned in 2021. Staff has contacted the DNR regarding the abandoned test wells and what to deduce from the decision to abandon them. The response from DNR is that considering the property use at the time, the contaminants may no longer have been a concern. However, the repurposed use of the site for an indoor aquatic facility may now make the contaminants a concern. Staff is requesting additional time to review the report and confer with environmental and construction experts regarding the implications of these findings on the project. It is possible that this additional investigation might indicate that additional sampling, mitigation efforts, or special construction techniques are required in order to build and operate the facility. If such efforts are required, staff would like to understand the feasibility and cost before recommending that the City Council commit to purchase the property. Although the appraised value does not consider the need for any environmental clean-up, there is no obligation for the DOT to reimburse the City in the event the City purchases the property for $2.9 million and later incurs substantial costs to mitigate environmental issues. As a result of this information, staff is requesting that the Council direct that further investigation be conducted regarding the environmental reports and their impact on the project. This investigation would be conducted before staff could recommend proceeding with an Offer to Buy. The Council should note that timing is a concern, because the first of the bond proceeds for the project are scheduled to be received in August. These proceeds need to be spent on the project in a timely manner; delaying the purchase of the property while these environmental issues are investigated could impact the project financing. STAFF COMMENTS: In summary of the information provided in this report, staff is seeking direction regarding the following issues: 10 1. Project Budget – With the latest cost estimate from Stecker Harmsen, staff supports bidding the east addition as an add alternate and focusing on building a quality indoor aquatic center. If Council agrees with this approach, staff will move forward with this in mind when finalizing contracts and agreements. 2. Construction Manager – Staff supports finalizing a contract with Story Construction as they have the most experience as a CM and can provided the needed assistance during the pre-construction, bidding, and construction phases of this project. If Council concurs, staff will finalize the construction manager contract details prior to bringing to Council for approval. 3. Offer to Buy and Environmental Concerns – Staff supports waiting to submit an Offer to Buy until environmental experts can be consulted to clarify the report findings and determine whether further testing or mitigation efforts will be required to ensure the safety of patrons and staff occupying the future facility. If Council agrees, staff will work as quickly as possible to determine the impacts. 1 ITEM # 30 DATE:05-10-22 COUNCIL ACTION FORM SUBJECT: DOWNTOWN PLAZA PLANS AND SPECIFICATIONS BACKGROUND: This project is to construct a Downtown Plaza in the parking lot directly east of City Hall. The main activity features of the Plaza are a water channel (runnel) and a spray pad for summer fun, as well as an ice-skating ribbon for winter activities. The plan also includes hardscape and green landscaped areas, benches, a small stage for performances, year- round universal public restrooms, and space for food trucks. There will also be parking improvements along Clark Avenue. All these aforementioned items are included in the base bid. Due to an unexpected cost increase in the ice-skating ribbon and additional space needed for some equipment, several changes were made to the plaza design from the original concept that was presented to the City Council on November 9, 2021. On February 2, 2022, the following project changes were approved by the City Council to the project: A. Shift the ice-skating ribbon and building to the west to accommodate larger condenser unit which is needed for making ice B. Increased the size of the utility yard to accommodate the condenser unit and the addition of a small retaining wall and 6’ tall wooden fence for security purposes C. A 4’ wide dry deck added on east side of water runnel and splash pad area D. Curb on east side of water runnel raised to the seat wall height E. Provided additional turf area for flexible use/seating F. Removed walk on the west side of the feature art sculpture G. Relocated food truck parking H. Added ADA walkway to the performance stage I. Removed Fifth Street Right-of-Way work Additionally, several components were removed from the base design and four add- alternates were included in the bids. One deduct alternate was included calls for the conversion of the ice-skating ribbon to a more traditional shaped ice rink. These alternates are included in the bid documents and are explained below: Add-Alternate #1 – Swinging Benches Provide all labor, equipment, materials, insurance, and other components necessary to add two (2) Swinging Benches, including footings. 2 Add-Alternate #2 – Color Concrete Band at Outside Ice Perimeter Provide all labor, equipment, materials, insurance, and other components necessary to add a colored concrete PCC band around the perimeter of the ice pavement. The dimensions are 2 ft wide, 9 in deep, and 365 ft in length. Add-Alternate #3 – Light Columns Provide all labor, equipment, materials, insurance, and other components necessary to add seven light columns, including footings and electrical connections. Add-Alternate #4 – Seating Nook Provide all labor, equipment, materials, insurance, and other components necessary to add a second seating nook. Deduct-Alternate #5 – Ice Rink Provide all labor, equipment, materials, insurance, and other components necessary to convert the ice-skating ribbon into an ice rink by removing the interior “island”. This includes the reduction of dasher and railings around the interior island, removal of festoon lighting, removal of synthetic turf, and removal of the concrete band. This also includes the addition of ice rink decking to infill the interior island. Add-Alternate #6 C02 Ice Rink System This add-alternate was included by addendum during the bidding process. A manufacturer of ice equipment made the request to use CO2 instead of a synthetic coolant. Staff agreed to the addition as the manufacturer estimated 10% efficiency improvement and CO2 is a natural refrigerant that would not be subject to any future regulations in coolants. On April 13, 2022, Bids were received as follows: 3 Henkel Construction Company Construction Group, Inc HPC, LLC Ames, IA Construction LLC Construction, Inc. $4,619,000 $4,624,000 $4,800,000 $4,865,000 $4,956,700 Swinging Benches 5,000 45,000 65,000 57,000 23,200 ADD ALT #2: 14,000 13,000 10,000 17,000 18,000 ADD ALT #3: 39,000 40,000 42,000 38,000 40,300 ADD ALT #4: 74,000 112,000 112,000 104,000 97,700 DEDUCT ALT #5: No Change (204,000) (170,000) (195,000) (190,000) ADD ALT #6: 360,000 No Bid 400,000 No Bid 177,200 TOTAL (BASE BID + ALL ADD $5,111,000 $4,834,000 $5,089,000 $4,691,000 $5,313,100 TOTAL (BASE BID + $5,111,000 $4,630,000 $5,259,000 $4,886,000 $5,123,100 TOTAL (BASE BID + ADD ALT. #2 ONLY)* $4,633,000 $4,637,000 $4,810,000 $4,882,000 $4,974,700 *Later in this report, staff will recommend awarding Add Alternate #2 based on the cost and the visual appeal that alternate provides. Henkel remains the low bidder when the base bid and Add Alternate #2 are considered. The Engineer’s Estimate was $3,938,591 total for the Base Bid components and allowances for artwork and FFE. Excluding the artwork and FFE, the Base Bid estimate alone becomes $3,654,591. The total project cost with the low base bid is shown below. Total Project Estimate: Amount Total Project Estimate $5,514,600 4 Total available funding for the entire project is $4,555,121. The project activities and associated funding sources for each Fiscal Year are shown below: Fiscal Year Project Activity Cost Funding Sources 2020/21 $ 20,000 2021/22 $2,184,624 2022/23 $2,350,497 Option Sales Tax ($200,000) Total $4,555,121 $4,555,121 Incorporating the low base bid into the project budget results in an overall project funding shortfall of $959,479. At the April 26, 2022 meeting, City Council accepted the report of bids and directed staff to bring back recommendations to reduce the cost of the project and to identify options for potential funding of the shortfall. Discussions with the project consultants indicate that rebidding the same project at a later date will likely not result in better bids. If the project is to be rebid, the scope should be modified. With the assumption that City Council’s preference is to maintain the ice loop, City staff worked with the apparent low base bidder Henkel regarding opportunities to modify project components to meet available funding. These discussions resulted in three lists of project modifications: 1) A list of potential changes to construction contract project components that staff recommends pursuing (including Add Alternate #2), 2) A list of potential changes to non-construction contract project components that staff recommends pursuing, and 3) A list of potential changes to project components that staff does not recommend pursuing. The City Council should note that some of the components in these lists are outside the scope of the construction contract, but impact the overall project budget. These include the artwork and adjustments to fixtures, furnishings, and equipment. The City Council should note that if direction is provided to pursue Deduct Alternate #5 as a cost saving measure (thereby eliminating the ice loop island and converting the ice feature to an ice rink), then the low bidder becomes Graphite Construction Group, Inc., Des Moines, IA. The list of modifications presented below has not been discussed with Graphite because staff believes the Council would 5 prefer to retain the ice loop. Graphite would not be bound to agree to any other changes to reduce project costs if the ice loop was eliminated. STAFF RECOMMENDED MODIFICATIONS: City staff recommends City Council approve the following construction contract changes with Henkel: 1 Eliminate Moonstones $ (50,000) 2 Eliminate Cast Stone Wall Cap $ (37,000) 3 Eliminate Paver Chessboard $ (3,000) 4 Eliminate Art Wall $ (32,000) 5 Convert Custom Pavers to Stock Brand/Color $ (14,400) 6 Extend Metal Roof in Lieu of Separate Canopy (22,500) 7 ADD ALTERNATE 2: Colored Concrete Band $ 14,000 Outside of the construction contract, staff recommends several additional changes. These changes are necessary to either reduce project expenses to match available funding, or are slight increases necessary to accommodate the elimination of costlier components from the project: 8 Eliminate the Signature Art Piece $ (150,000) 9 Add Benches to Replace Moonstone Seating $ 5,000 10 Add Plantings to Replace Art Wall $ 5,000 11 Add Increase to FFE Allowance, per estimates $ 66,000 Total Non-Construction Contract Cost Change $ (74,000) In total, the staff recommended changes result in a reduction of overall project expenses by $218,900. The project funding shortfall would therefore be $740,579. Staff is recommending that if Council wishes to cover this shortfall, funding from the Council Priorities Fund could be used. This fund contains $1,000,000. OTHER POTENTIAL PROJECT MODIFICATIONS (NOT STAFF RECOMMENDED): If City Council wishes to reduce the amount of funding required to be taken from the Council Priorities Fund, or wishes to eliminate the project’s budget shortfall altogether, Henkel has provided additional cost-saving measures that could be implemented. However, these potential modifications shown below are not recommended by 6 staff. # ITEM Cost Change Total Construction Contract Cost Change $ (1,967,900) *This amount cannot be combined with savings from extending the metal roof in the staff-recommended modifications list. **This item requires the Moonstones to be eliminated, but eliminates the additional There are two other potential modifications to the project (so far) that staff is evaluating further, but is not yet able to commit to recommending. If changes are warranted, a separate change order would be presented to the City Council for consideration. These two items under further study are: 1. Converting the pre-cast building panels to a cast-in-place building panel. This change may be necessary due to extraordinary long lead times in obtaining pre-cast panels. There could potentially be cost savings to this conversion, but additional costs may be incurred to change the design and address other impacts of this change. 2. Converting the Chiller to a Self-Contained Chiller Unit. Staff has been unable to yet obtain further details regarding this type of chiller unit, and further evaluation would need to take place regarding how such a unit would be situated at the site. Usually, City Council would approve the award and then bring back the contract and bond for approval at a following meeting. This would mean that City Council would have to approve the base bid amount as shown and staff would bring back the change order after the approval of the contract and bond. Some of the change order items will also require discussion and approval with the architect. To allow the project to move forward and also approve the contract at the reduced rate, staff is proposing that City Council give direction on change order items and then the change order and reduced amount contract and bond would be approved at the next meeting. This will allow for the change order to officially reduce the amount of the contract. 7 ALTERNATIVES: 1. a) Approve adding Add Alternate #2, PCC Color Band, in the amount of $14,000. b) Approve Change Order items, reflecting $158,900 in contract deductions as recommended by City staff. c) Approve the non-construction contract changes recommended by City staff, a net decrease of $74,000 in project expenses. d) Authorize the use of the available balance of the Council Priorities Fund to cover the shortfall of the project. e) Bring back the official change order with the contract and bond for approval. 2. a) Delay award of the project to consider the single sheet of ice. b) Instruct the staff to discuss value engineering opportunities with Graphite Construction Group and bring back to City Council for review. 3. a) Accept the report of bids for the Downtown Plaza Project b) Direct staff to rebid the project at a later date with new plans and specifications that eliminate the ice feature. 4. Reject all bids and delay moving forward with the project at this time. CITY MANAGER’S RECOMMENDED ACTION: Developing a Downtown Plaza has been a high priority for the City Council, and once constructed it will enhance the opportunities in the downtown area for residents and visitors. While the bids were substantially over the estimate, there were five bids within a relatively close range. It appears that to move ahead with this project within the current approved level of funding the project will need to be redesigned and rebid without the ice component, which would no longer meet the Council’s vision for the space. Also, a rebid would delay the project to opening in late 2023 or early 2024. Assuming that City Council members desire to move forward this year to accomplish their vision for this project, it is the recommendation of the City Manager that City Council approve Alternative #1 a-e, as described above. 1 ITEM:___31__ DATE: 5/10/22 COUNCIL ACTION FORM SUBJECT: NEIGHBORHOOD IMPROVEMENT PROGRAM GRANT FOR 2021/22 BACKGROUND: The City Council has appropriated Local Option Sales Tax funds to finance the Neighborhood Improvement Program (NIP). This year, $50,000 was approved for neighborhood programs, with $25,000 earmarked for the NIP and the remaining $25,000 allocated for a broader array of neighborhood projects. There are two main goals of the NIP: 1) to strengthen a neighborhoods appearance with the addition of permanent physical improvements, and 2) to promote a greater sense of community through resident participation in a neighborhood project. Each project application is rated on the following 100-point system. A project must achieve at least 50 points to be considered: Resident Involvement (30 points maximum):* ...the number of residents donating time and/or labor to accomplish the project ...the number of residents donating funds to the project *10 points 1-25 people; 20 points 26-50 people; 30 points over 50 people Project Impact (30 points maximum):** ...the number of residents who will be positively affected by the improvement **10 points 1-25 people; 20 points 26-100 people; 30 points over 100 people Safety (10 points maximum): ...enhancement of safety in the neighborhood Public Space (10 points maximum): ...promotion of social interaction by utilizing public space Improved Housing (10 points maximum) Environment (10 points maximum): ...support for the environment A grant application has been received from the Roosevelt Neighborhood Association requesting funding in the amount of $1,616.30. The Review Panel, composed of City staff members and two residents, scored the application and unanimously recommended that the project be approved for funding. 2 Therefore, the Neighborhood Improvement Program Project Review Panel is requesting approval by the City Council of the following project: The Roosevelt Neighborhood Association is requesting funding to establish a Pollinator Pocket Garden at the corner of 10th Street and Roosevelt Avenue which is in the northeast corner of Roosevelt Park. The total cost of the project is $3,232.60. The requested City funding is in the amount of $1,616.30. The neighborhood residents are providing $1,620.00 in cash contributions ($480), donated plants ($200), and in-kind labor ($940). This application is the first request for funding since 2019. If approved, the balance of funding remaining for the FY 2021/22 Neighborhood Improvement Program will be $23,383.70. ALTERNATIVES: 1. Approve the request from the Roosevelt Neighborhood Association for an allocation of $1,616.30 in Neighborhood Improvement Program Grant funds to be used to establish a Pollinator Pocket Garden at the corner of 10th Street and Roosevelt Avenue. 2. Do not approve the request for funding. CITY MANAGER'S RECOMMENDED ACTION: Supporting projects that strengthen neighborhoods is in keeping with one of the City Council’s goals. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ITEM # 32 DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: AWARD OF DOWNTOWN FAÇADE GRANT BACKGROUND: The Downtown Façade Grant Program was introduced in 2000 to facilitate private improvements to downtown retail and other commercial storefronts. The City Council annually budgets $50,000 as matching funds for eligible projects. The program allows for up to $15,000 of dollar-for-dollar matching funds per front façade and up to $1,000 for additional architectural services. This program is available to property owners within the area generally described as from 6th Street to the railroad tracks, Duff Avenue to Northwestern Avenue, and along Kellogg Avenue to Lincoln Way (Attachment 1). The program requires compliance with specified Design Guidelines that can be found on the Planning Division website at this link. The program requirements include a prerequisite of a ground floor use of office or retail trade. Additionally, grant eligibility includes a requirement for proposed improvements to retain the historic façade or for the removal of non-compliant elements consistent with the guidelines or pursue eligibility under the other façade guidelines. The program does not allow for maintenance activities or replacement of compliant elements with new in-kind elements as eligible activities on their own. Proposed improvements are intended to have a significant positive visual impact on the building and the overall district. If grant requests exceed the available funding, the program criteria for front façades includes preference for façades that have not received funding in previous rounds. Attachment 2 provides an overview of the intent and process for the façade grant program, and Attachment 3 outlines the scoring criteria. The program is designed to operate with two application cycles. The first cycle is typically in the summer and if there are funds remaining after awards are granted in the first round, then a second application round occurs in the winter. The summer grant round is intended to provide funding for new projects with one grant per building. The second round is intended to fund new projects and potentially second façades for properties that have already received a grant. GRANT APPLICATION RECEIVED: The City solicited applications for this the second round of FY 2021/22 funding in March and April of 2022. One eligible grant request was received for one property. A project summary, location map, and project design illustrations are attached. The available funding for this second round of FY 2021/22 is $34,000. The total requested grant funding is $10,335.50. Address Business or Building Name Requested Project 410 Douglas Avenue Ames History Museum (Pantorium) $10,335.50 $44,831.62 410 Douglas Avenue This application is for the two-story building at 410 Douglas Avenue known as the Pantorium. The name comes from the prominent sign protruding from the second story façade. The archaic term refers to the use for which the building was constructed: laundry cleaning. The façade is largely unchanged from when it was constructed in 1922. The Pantorium sign was not original to the building; it was added in 1937.The proposed, grant-eligible work is to replace the second-story windows (Attachment 4). The current configuration has six windows: four that closely match the original windows and two narrow ones on either side of the Pantorium sign (which is centered on the façade). The applicant intends to replace these windows with five windows, as originally constructed (Attachment 5). The new windows will not have the decorative muntins. The Ames Historical Society owns the subject property and the property immediately to the north, which houses the Ames History Center. The subject property was purchased recently by the Historical Society with the intent to construct an addition and allow for the museum to occupy all ground-level space. The new museum entrance will be through the Pantorium. Along with replacing the second-story windows, the Pantorium sign will be restored, the masonry will be repaired and cleaned, and new doors will be installed. The building had formerly been used by a radio station and interior work will include remodeling of the space for exhibits. The total estimated cost for 410 Douglas Avenue is $44,831.62, including design work. Of that amount, $20,671.07 is estimated to be grant-eligible work (including $730 for design). The project is eligible for maximum matching funding of $15,000 plus $1,000 for design work. At the time of reimbursement, the applicant will need to provide cost breakdowns to ensure only eligible activities are funded with the façade grant. WORK ELIGIBLE COST ESTIMATES TOTAL COST ESTIMATES Total Project Cost $ 20,671 $ 44,831 ALTERNATIVES: 1. Approve a Downtown Façade Improvement Grant for 410 Douglas Avenue for up to $10,335.50 of the $20,671.07 in estimated eligible costs for the second-story window replacement. 2. Approve a grant award for a lesser amount. 3. Do not approve a façade grant award. CITY MANAGER'S RECOMMENDED ACTION: This round of grant application solicitation resulted in one request involving one building in the amount of $10,335.50. City staff has determined that the proposed Downtown Façade Improvement project for the building at 410 Douglas Avenue complies with the design requirements of the program as a replacement of a noncompliant window form. Although it removes a noncompliant feature, the visual impact of this change will be minimal. At this time there is funding available for the request as no other competing applications were submitted. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. Attachment 1: Eligibility Map Attachment 2: Downtown Façade Grant Review Requirements for all Façade Grants The building must be located downtown within boundaries established by City Council. The ground floor must be Office Uses or Trade Uses as defined by the Ames zoning ordinance. The façade design must comply with Downtown Design Guidelines. Improvements to historic façades shall include replacing non-compliant elements with compliant elements. Residential structures and buildings owned by the government, churches and other religious institutions are not eligible. No façade grant shall exceed $15,000. Program Logistics The following process for review of applications for façade grants provides time to inform all potential applicants of the opportunity, to work with applicants, applicants to prepare submittals and for staff to review applications and report to City Council. Two grant periods will be planned for each fiscal year. First Grant Period For this first grant period, preference for grant awards will be given to: - façades that have not received any previous grant funding - front façades Action Steps: Staff will inform all property and business owners of grant availability, process, and deadlines. Staff will work with applicants to define the project, ensure that it meets the guidelines, and assure that it is feasible and can be completed within the time frame. Applications will be accepted in May and June. Staff will review and score applications and report to City Council in July or August for awarding grants. Projects may then start in the fall and be potentially completed before the holiday shopping season. Second Grant Period If the entire budget is not committed in the first grant period in each year, a second grant period will begin in October for projects to be implemented the following spring. While façades on Main Street and façades for which no previous grants have been awarded will still receive first preference in this second grant period, all downtown grant requests will be considered and potentially approved if funds remain after all first-preference proposals are awarded. Conditions of Grant Approval Grant projects must be completed within one year from award of grant. Any required building code and/or safety improvements to a structure must be completed before grant work proceeds or before grant funds are paid. Attachment 3: Scoring Criteria For each category, the following criteria shall be used to award points: VISUAL IMPACT Maximum Score 30 Points Improvements apply to more than one story on one façade Improvements apply to more than one 25-foot wide bay on one façade Improvements will create more visual significance because: - key, highly visual elements of the building are being improved - the building is prominently visible due to its location (E.g., it serves as a focal point from a street, is at a prominent intersection, or is larger than other buildings around it) FINANCIAL IMPACT Maximum Score 30 Points Matching funds exceed the minimum dollar-for-dollar match The project includes improvements being made to - ensure public safety, - establish or preserve the building’s structural integrity - resist water and moisture penetration - correct other serious safety issues The façade project is part of a larger project that improves other exterior or interior parts of the building The project helps to make use of space that has been unoccupied or used only for storage EXTENT OF IMPROVEMENTS Maximum Score 20 Points The number points granted in this category shall be based upon the number of elements from the Downtown Design Guidelines being improved. More improved elements deserve more points. HISTORIC DESIGN Maximum Score 20 Points Project includes historically appropriate materials and restoration techniques Project goes beyond basic rehabilitation and re-establishes a more historically accurate appearance than other projects Attachment 4: 410 Douglas Avenue Pantorium in 1922 Pantorium in the present Existing & Proposed Façade for 410 Douglas Avenue 1 ITEM # ___33__ DATE: 05-10-22 COUNCIL ACTION FORM REQUEST: PRELIMINARY PLAT FOR HAYDEN’S PRESERVE CONSERVATION SUBDIVISION BACKGROUND: ATI Group, is requesting approval of a Preliminary Plat for a portion of the larger Hayden’s Preserve development. In its entirety, Hayden’s Preserve development site is a 170.33-acre parcel at 5571 Hyde Avenue, at the southwest corner of 190th Street and Hyde Avenue. (See Attachment A - Location Map.) At this time, the owner proposes to plat 56.38 acres for the development of primarily residential lots, including approximately six acres of commercial and is requesting approval of a Preliminary Plat. The City annexed this land in 2010 with a pre-annexation agreement, and most recently approved an amendment to the Master Plan and Development Agreement in June 2021. (See Attachment B - Master Plan and Zoning). Full buildout of Hayden’s Preserve includes up to 315 single family lots, 192 apartments, 6 acres of commercial, with a public park and greenway. The proposed subdivision is subject to the Ames Conservation Subdivision standards that are part of the Subdivision Standards in Chapter 23 of the Ames Municipal Code. The intent of the standards is to protect the quality of water in Ada Hayden Lake, protect existing surface drainage systems, promote interconnected greenways, provide commonly-owned open space and conservation areas, and protect such areas in perpetuity. Due to the sensitivity of the area, City Council directed the applicant and staff at the time of the Master Plan change, June 2021, to meet with representatives of the Friends of Ada Hayden to explain the storm water management approach to the project. This meeting occurred during the development of the preliminary plat and storm water plan. There was concurrence by all parties that the proposed the approach was innovative in its design and use of wetlands and fore bays to meet the City’s standards. The proposed Preliminary Plat (See Attachment C - Proposed Improvements) includes 56 lots for single-family attached and detached homes, two commercial lots, two multi-family lots, and additional outlots for open space. Individual home lots are typically between 6,300 square feet and 13,000 square feet. All lots meet minimum size requirements, and frontage requirements for the FS-RL zoning district. Staff was contacted by the developer after the March 16, 2022 Planning & Zoning Commission to discuss a change to the lot layout at the south end of the plat. In the Preliminary Plat presented to the P&Z Commission included a cul-de-sac with nine single family lots for a total of 60 single family lots. Since then, the Developer worked with staff to make a change that removed the cul- de-sac and reduced the number of single family lots to five. The new design includes a flag lot and a second lot with shared driveway access at the south edge of the subdivision. This change was an important to the developer to reduce costs and allow more room for the east- west trunk line sewer and easement. Given the size and depth of the sewer, the width of the easement and other topographic issues it was realized there would be great expense to install the sewer and keep the initial nine lot, cul-de-sac layout. The updated Preliminary Plat with no 2 cul-de-sac and five lots makes the sewer installation more manageable physically and financially. Staff supports this change to the preliminary plat as it does not change the overall approach to development of the site. Final platting and development are anticipated to occur in two phases for the proposed Preliminary Plat area. The first phase will be the single-family residential area along Hyde Avenue. There will be a mix of 26 single family detached lots and 30 single family attached lots. The second phase will be on the west side of the creek and include two Convenience General Service, CGS, zoned lots and two FS-RM zoned lots. The approved Master Plan limits the FS-RM zoned area to a maximum of 192 units. Density calculations (See Attachment C- Preliminary Plat) have been based upon subtracting the area of all outlots and private land in the subdivision that will be dedicated to the city as public street right-of-way for four proposed streets within the plat. With this method of subtracting out these areas, the net density is 4.85 dwelling units per net acre for single family for this phase of development. This exceeds the minimum required net density of 3.75 dwelling units per net acre of the FS-RL Zone. Future development of the apartments will be required to meet minimum density requirements of 10 dwelling units per net acre of the FS-RM Zone. There are five outlots within the proposed subdivision, which total 18.25 acres. All outlots will function as open space. At a minimum Outlots V, W, and X will be final platted with a conservation easement placed over each outlot. Outlots V, W, and X will include public utility and surface water flowage easements over each entire outlot, and serve as the location for storm water conveyance, treatment and detention. Outlots Y and Z also serve as open and natural space for the development with selected trees that are in good condition to be preserved a part of the amenities of this subdivision (See Attachment F –Conservation Management Plan Maps). Outlot X also includes a trail connection to the east-west greenbelt shared use path as was agreed upon with the rezoning Master Plan. DEVELOPMENT AGREEMENT: In June 2021, City Council approved an amendment to the Master Plan (See Attachment B - Master Plan and Zoning) and amended Development Agreement defining the conditions for development of the site. The Preliminary Plat must be found to conform to the Master Plan land use description and the development agreement. This proposed area within the preliminary plat is found to comply with developer responsibilities applicable to this area of the development. The Development Agreement clauses that apply to this first preliminary plat include: 1) The Developer is responsible for frontage and intersection access improvements at the time of subdivision; 2) The Developer is responsible for the construction of the shared use path along Hyde Avenue; 3) The Developer will make payments for connections districts with each final plat phase; 4) The Developer will extend the utilities through the site at the developers cost (water and sanitary sewer); and 5) The Developer will provide a 20-foot easement for the purpose of an east-west greenway and construct the first segment of the 10 foot shared use path. The Development Agreement also contemplates the Developer proceeding with a Plat of Survey to divide the site one time to address phasing of the allocation of street assessment costs. The 3 proposed preliminary plat anticipates approval of the Plat of Survey prior to filing for final plat approval to match the are shown for development and future platting. CONSERVATION AREAS/OPEN SPACE: The applicant completed a natural resource inventory as required by the Conservation Subdivision standards. The inventory identifies a tributary of the South Skunk River that transects the development in a north-south direction and a small woodland area along portions of the riparian area. The Conservation Subdivision Ordinance requires that the combination of conservation areas and open space comprise at least 25% of the land area in the subdivision, and be a system of interconnected conservation areas and open space areas distributed throughout the development, such that a minimum of 80% of residential lots abut a conservation area, or open space. The proposed plat shows approximately 56% of the land area within the proposed subdivision to be used as conservation area and open space, and more than 80% of lots abut a conservation area/open space, which meets the minimum standard. At the time the Master Plan was approved it was estimated there would be 29.9 % open space with the total development. A Conservation Area Management Plan has been submitted that describes the conservation areas and how they will be established and maintained. The Developer will have initial responsibility for creating the conservation areas and the future homeowner’s association will have long term management responsibilities. (The draft Conservation Area Management Plan is available for review at the Planning and Housing Department.) STREET CONNECTIONS: The overall layout and access points to the development were determined at the time of the Master Plan approval in 2021. This proposed preliminary plat will be developed in two phases with a single-family development area and the medium density/commercial area. There are four new streets in the preliminary plat. The single-family development area is separated and not connected to the main north-south spine road due to topographical constraints. This layout also meets the intentions of a Conservation Subdivision by providing a “cluster” of development. Within the single-family residential area there will be three connections to Hyde Avenue. A new street, Indigo Drive, will connect with Hyde Avenue just south of the 190th Street and Hyde Avenue intersection. Indigo serves as the collector street of the area and will run the length of the development and terminate into Larkspur Drive. Leopold Drive will provide access from Hyde Avenue at the approximate mid-point of the single-family area and terminate at Indigo Drive. The final street, Larkspur Drive, will provide access from Hyde Avenue and terminate in a cul-de-sac on the west side of Indigo Drive. Individual intersection improvements, including turn lanes, and streets are the responsibility of each developer. Hyde Avenue will be widened and turn lanes and taper lanes will be provided for turning movement at the intersection of Leopold Drive. These improvements match the planned and existing improvement for the area. The FS zoning and the Subdivision Code standards strive for a block length not to exceed 660 feet and to ensure that streets do not exceed 1,320 feet and to minimize cul-de-sacs and dead ends. Indigo Drive is one long continuous roadway that exceeds a street block standard of 1,320 feet, but itself is not a dead-end street given the breaks in blocks by Leopold and Larkspur Drives. 4 The street width for the proposed streets (See Attachment C – Preliminary Plat) meets the standard for a local residential street, that is, a 26-foot pavement width as measured from the back of the curb within a 55-foot right-of-way, accommodating parking on one side. Indigo Drive will include a 5-foot wide sidewalk on both sides of the street. Other street widths meet the standards for local streets, that is, a 26-foot pavement width as measured from the back of the curb within a 55-foot right-of-way. The street layout also includes a mid-block crossing for pedestrians as required by FS-RL zoning when a block face exceeds 600 feet. The second phase of this plat will include the start of the north-south spine road, which is a collector street. This road will be the collector for the rest of the development. The spine road will connect with 190th Avenue at the north and then continue to the south and connect with Auburn Trail Subdivision. Within this plat, the spine road will continue south to the extent of the commercial zoned land on the east and the FS-RM zoned land on the west. It will terminate in this phase just north of the planned future neighborhood park. Typically, a collector street requires 100 feet of right-of-way. Due to considerations of the Conservation Subdivision, the right-of-way width is reduced to 80 feet width. The paving width is 31 feet in this plat, but to the south in the single-family area the road will be permitted to narrow in width for traffic calming purposes. In future phases the width may be narrowed to 26-feet to the south, which will match the plans for Auburn Trail. Other traffic calming measures will also be considered with future phases of the project. There will be an 8 foot shared use path along the west side of the street and 5 foot sidewalk along the east side. Access to the site from 190th will be limited to primarily occurring from the spine road. The City requested an assessment of turn lane needs for the new spine road intersection with 190th Street. The analysis identified a need for turn lane into the site from 190th Street. A condition is included for the developer to complete this turning lane improvement as identified with the traffic analysis. A Street Tree Plan is required as part of the development with modified requirements per the Conservation standards. It should consist of tree clusters along internal streets. The number of trees should be equivalent to that required in a standards subdivision. The proposed Street Tree Plan (See Attachment D - Street Tree Plan) shows a planting plan that does provide some clustered planting of trees. There are areas where trees are spaced to far apart out of concern for assumed driveway locations. Overall, the intent for a Street Tree Plan for a Conservation Subdivision has been met. Staff believes they can work with the Developer to make some minor adjustments to the proposed locations of some trees to be submitted and approved with the Final Plat. Pedestrian Connections: Sidewalks, at a width of 5 feet will be used along both sides of Indigo Drive, Leopold Drive, and Larkspur Drive. A 5-foot sidewalk will run the length of the development on the east side of the north-south spine road. The proposed pedestrian trail at the south end of the site is another element of the subdivision design that establishes an interconnected system of conservation areas and open space for use by the future residents. This development will incorporate shared use paths in multiple locations. One will run the north- south length of the development along the west side of the internal spine road, which is yet to be named, that intersects with 190th Street. A 10-foot shared use path will run along Hyde Avenue the length of the development. Per the terms of the Development Agreement, the Developer will also extend the path south of the site to connect to improvements planned with the Auburn Trail Subdivision. 5 Also, specified within the Development Agreement is an east-west 10-foot paved trail that will run the width of the development in a designated green belt area. This path will need a bridge in order to cross the creek. The Development Agreement lays out the financial responsibility of the trail to the developer and the bridge to the City. This trail connection at Hyde Avenue will align with a connection on the east side of Hyde Avenue that leads into Ada Hayden Heritage Park. In addition to the subdivision standards, the FS-RL zoning district requires any block length that exceeds 660 feet shall have a mid-block cut through or cross walk to enable effective pedestrian movement through the block, ideally this is coordinated with pathways within the development. The Indigo Drive block length between Leopold Drive north to Hyde Avenue exceeds 660 feet. The Developer is proposing a mid-block crossing on Indigo Drive between Lots 48 and 49 and to meet the requirement. (See Attachment E – Mid Block Crossing). This crossing will extend across the creek through the open space and eventually over to the spine road (Tilden Parkway). Without this connection there is no east west connections for the development except to the north at 190th Street and with the south green way path, which are over 2,500 feet apart. Staff feels this is an important connection to provide in order to provide future residents a reasonable path to the future park without having to go to Hyde and then north or south to connect back to the spine road. Timing of the construction of the path extension west of the single-family area and crossing the water way could be connected with to later development of the commercial lots or multi-family. The Developer is still exploring the details on making this connection as shown on the preliminary plat and they will be subject to final approval by staff with the Final Plat. Stormwater Management: The primary purpose of the Conservation Subdivision is to take the approach of Low Impact Development to design the project and manage storm water runoff. This means the arrangement of lots, street and storm water management minimizes mass grading of the site, minimize impervious areas, and maximize use of natural storm water treatment measures. Additionally, the site development must comply with the City’s mandatory storm water control requirements of Chapter 5b of the Ames Municipal Code. The overall approach to storm water management provides treatment and control of the peak runoff rate from the entire site by providing multiple opportunities to slow the flow of storm water on the surface and settle out and filter out sediments, a process called the “treatment train.” This system includes surface sheet flow to collecting basins, directing flow by vegetated swales, settlement areas drained by pipes and pipe outlets into vegetated swales to carry water to other basins. The system is designed for this project to take the vast majority of runoff to the centralized stormwater treatment system before it is released from the site. The layout and features within the storm proposed storm water system are intentional in their approach to slow down and treat water. The developer’s engineer and City Public Works Department staff have worked extensively on the details of the plan to meet the objectives of the Conservation Ordinance. Vital to all of these storm water management systems is the native prairie vegetation to be established that will help slow the rate of runoff and facilitate the percolation of water into the soil for natural filtration and treatment. The proposed open spaces include substantial areas of native prairie planting (See Attachment F – Conservation Plan Maps). 6 PUBLIC NOTICE: Notice for Preliminary Plats is not required for City Council. Notice was mailed to property owners within 200 feet of the subject site and a sign was posted on the subject property prior to the Planning & Zoning Commission meeting. At the March 16th Planning & Zoning Commission meeting the Commission voted 6-0 to recommend the City Council approve the Preliminary Plat for Hayden’s Preserve with all conditions addressed with the plans presented to City Council for approval. Commission members inquired about drainage related to the size of basins and direction of flow. ALTERNATIVES: 1. The City Council can approve the Preliminary Plat for Hayden’s Preserve at 5571Hyde Avenue, subject to i. Prior to Final Plat submit for approval an updated Street Tree Plan. ii. Prior to approval of Improvement Plans modify taper lengths to meet SUDAS requirements iii. Finalize improvements and timing of the mid-block crossing trail connection crossing to Tilden Parkway with approval of the Final Plat. 2. Deny the Preliminary Plat for Hayden’s Preserve at 5571 Hyde Avenue, by finding that the preliminary plat does not meet the requirements of Section 23.302(3)(b) or Section 23.603 of the Ames Municipal Code and by setting forth its reasons to disprove or modify the proposed preliminary plat as required by Section 23.302(4) of the Ames Municipal Code. Code sections are found in Attachment F – Applicable Subdivision Law. 3. Refer the request back to City staff and/or the applicant for additional information. CITY MANAGER’S RECOMMENDED ACTION: The Hayden’s Preserve Preliminary Plat demonstrates how the development will carry out the low-impact policies and techniques required by the Conservation Subdivision and will thus protect the quality of surface water flowing through the site. The Hayden’s Preserve Subdivision will include an integrated pedestrian and bicycle path system through the development and connected to the existing shared use path system. It will also provide sites for 56 new single-family homes, up to 192 multi-family units, and two commercially zoned lots. The Preliminary Plat for Hayden’s Preserve is consistent with the approved Master Plan and development agreement. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 7 ADDENDUM Project Location. The project site is located at 5571 Hyde Avenue within the Ada Hayden Watershed north of Bloomington Road. (See Attachment A - Location Map). It is subject to the Conservation Subdivision development standards found in Division VI of Chapter 23 (Subdivision Ordinance) of the Ames Municipal Code. The intent of the standards is to protect the quality of water in Ada Hayden Lake, protect existing surface drainage systems, promote interconnected greenways, provide commonly owned open space and conservation areas, and protect such areas in perpetuity. The site has been designed to minimize grading and preserve sensitive areas with a stormwater treatment train design approach and with detention basins. Conservation easements will be established for all conservation areas and maintained according to a conservation area management plan. The proposed subdivision layout and supporting documents satisfactorily address the subdivision conservation and improvements standards. Details of this compliance are discussed by topic in the text below. Master Plan Compliance. The Preliminary Plat for this phase of the development is in conformance with the approved Master Plan, which illustrates the general arrangement of uses, layout of development and conservation/open space areas, planned transportation connections, and maximum and minimum unit count. The Master Plan identifies categories of development: Single-Family Attached/Detached with 315 to 428 dwelling units and Multi-Family units with 136 to 192 dwelling units and two commercially zoned lots, with an additional 135.19 acres for future development that includes a 12 acre park. Within this Preliminary Plant, there are 56 single family attached/detached units and two FS-RM and two CGS zoned lots. All lots meet minimum size requirements, and frontage requirements for the FS-RL zoning district. The detached single-family lots range from 7,951 SF to 36,118 sq. ft. The attached single-family lots range from 6,008 SF to 10,795 sq. ft. There are five outlots in the proposed subdivision, which total 18.25 acres and will serve as conservation areas for wetland protection and storm water conveyance, treatment and detention. These areas will include a conservation easement, as well as storm water and surface water flowage easements, over the entire lot. Outlot x also require a pedestrian easement because of the trail system connections. Off-site Traffic Improvements. This development included an assessment for off-site traffic improvements. Included was the improvements to Hyde Avenue. An assessment schedule was included. Also included within the assessment was the developer’s share of costs associated with traffic signals at Hyde Avenue / Bloomington Road with the provision that the amount could be paid at the time of first Final Plat. City staff believes that these have been sufficiently addressed. Access. Primary access to the site would be from Hyde Avenue and 190th Street. Vehicular access is provided though the single family area through three new streets, proposed generally as 26-foot-wide paved street within a 50-foot right-of-way. The subdivision will be well-connected with a main north-south spine road through the development on the west side of the creek, extending form 190th Street to Auburn Trail Subdivision to the south. This main spine road will serve as a collector street for the multi-family and 8 commercial lots. Within this preliminary plat, this street is proposed generally as 31-foot wide pave street within a 66-foot right-of-way. Based on the traffic study turn lanes will need to be added for westbound turn from this spine road onto 190th Street. This will widen the paving some at the intersection from what is shown on this preliminary plat. The developer will provide an updated design prior to City Council. Street Naming. The name of any proposed street is to be in conformance with the street naming plan of the City [Sec. 23.502(l)]. The north-south spine road will be named Tilden Parkway through this development and through the proposed Auburn Trail development to the south. Other street names withing the subdivision comply with the City’s Street Naming Theme, native plants. Shared Use Paths, Sidewalks, and Trails. The Preliminary Plat utilizes an interconnected network of shared use paths and internal sidewalks. A 10’ shared use path will be extended along the west side of Hyde Avenue and is to be constructed within two year of development of the first phase, per the annexation agreement. A final plat of the single family area adjacent to Hyde Avenue will trigger the start of the two years. The developer is also responsible for installing the shared use path across the adjacent southern parcel to a point that it will connect with the path in front of Auburn Trail. The developer will be required to construct this path leg within 150 days of the Auburn Trail path along Hyde being completed. The requirement of installation upon notice from the City will ensure concurrent timing of installation with the development to the south. Conservation Areas/Open Space. All conservation areas are part of a larger continuous and integrated system except for conservation areas that are naturally isolated from other conservation areas on or near the site. The applicant completed a natural resources inventory as required by the Conservation Subdivision standards. In addition to the South Skunk tributary that runs through the site, a narrow riparian corridor was historically preserved from intensive agricultural activities and has the potential to harbor some rare native species. The remainder, and majority of the development area consists of intensive row-crop agriculture and associated drainages. The Conservation Subdivision ordinance requires 25% of the property to be interconnected conservation areas/open space distributed throughout the development. The overall Master Plan for the overall development illustrates 29.9% of the property as conservation areas/open space, and park. This Preliminary Plat proposes 32.3% of the area as open space. (The Natural Resources Inventory is available for review at the Planning and Housing Department.) Conservation easements will be established including all of the conservation areas within Hayden’s Preserve. The conservation areas will be “naturalized” by establishing native plant communities, which is consistent with the conservation subdivision requirements. A draft Conservation Area Management Plan has been submitted that describes these areas and how they will be established and maintained. More detail for maintenance operations is required during the Final Plat process. The developer will have initial responsibility for creating the conservation areas and the future homeowner’s association will have long term management responsibilities. (The draft Conservation Area Management Plan is available for review at the Planning and Housing Department.) Conservation Subdivisions require 80% of lots to abut the conservation areas/open space. This preliminary plat meets this requirement with 82% of lots abutting conservation areas/open space. 9 Common Open Space. Common open space is a separate category from the conservation areas/open space requirement for Conservation Subdivision code. Under the FS-RL zoning district, a minimum of 10% of the gross area must be devoted to common open space. Common open space must be readily accessible to the public or residents of the subdivision and is planned for either active or passive use. Conservation areas may or may not be readily accessible in order to protect their integrity as an environmental feature. The Developer will be providing a unique, interactive aspect within the Conservation Plan. (The draft Conservation Area Management Plan is available for review at the Planning and Housing Department.) Their plan has included educational opportunities related to native landscapes both passive and instructor led, for the homeowner’s within the development and the general public. This will be possible on the Hayden’s Preserve Subdivision website, onsite educational signage with QR codes to additional learning sites, and public outreach with onsite walking tours. The official Education and Outreach plan will be finalized with this and future Final Plats. Utilities and Easements. The property owner is extending infrastructure from the site through the abutting properties that are under their control. This includes the construction of the shared use path along Hyde Avenue and for the future improvements of the public street extension of the spine road and water and sewer lines to the north. The timing of the Hyde Avenue path construction matches the recent Hayden’s Preserve agreement, the path must be built within two years of the approval of the 1st Addition of the project. The site is fully served by City infrastructure. Auburn Trail is within a City water connection district. The property at 4605 Hyde was part of a buyout of service territory agreement with Xenia Rural Water Association in January 2014. The property at 4514 Hyde is presently served by Xenia Rural Water. The division of this parcel will require any new parcels/lots to connect to City water services. The City previously undertook the extension of water service to the property. Connection fees will be due at time of development. This is addressed by the current pre-annexation agreement. Auburn Trail is also within a City sanitary sewer connection district. The City previously undertook the extension of sanitary sewer service to the property. Connection fees will be due at time of development. Extension of water and sewer lines are identified on the Preliminary Plat. Auburn Trail lies within the Ames Electric service territory. Existing and proposed easements are shown on the Preliminary Plat as required by Public Works and Ames Electric. All required easements will be recorded with the Final Plat for the subdivision. Storm Water Management. The storm water system has been designed with the intent of protecting the water quality in Ada Hayden Lake. The developer is proposing to treat stormwater as a stormwater treatment train and enables stormwater to be purified in the process of conveyance. This will be done by stormwater shedding off an individual lot will collect in a drainage swale before eventually being routed to one of many stormwater wetlands. The stormwater wetlands will release cleaner water into the storm sewer system at a controlled rate, which prevents flash flooding. Stormwater wetlands and drainage areas are often planted with appropriate species that encourage rainwater infiltration and promote habitat and vegetation diversity. Within the required fifty-foot native vegetative buffer around open water areas (Division VI. Section 23.603. (2)(a)), selecting species that are tolerant to standing water and highly adapted to wet soils is key to lasting success of vegetation in these areas. Consult an urban conservationist or native landscape professional with experience in wetland plantings to protect investments regarding native or non- native species planted in wetlands or drainage areas. 10 Interconnected conservation areas meander throughout the subdivision and provide opportunity for storm water treatment along the way before the water is conveyed to pretreatment forebays and detention basins. Pretreatment forebays are also included at the inlet to wetlands. Conservation easements will be established for all conservation areas. Maintenance of these areas will be the responsibility of the homeowner’s association and will be according to the Conservation Area Management Plan. The Plan includes standards such as soil erosion controls to minimize sediment from leaving the site and limits on the use of phosphorous fertilizer. The Public Works Department has reviewed the draft storm water management plan and finds that the proposed development can meet the required storm water quantity and quality measures. Additional work is needed between the applicant and staff to finalize the Stormwater Management Plan. Binding Agreements. The property at 5571 Hyde Avenue is subject to an Annexation Agreement which was initially approved in 2010 and amended as recently as June 2021. Stipulations listed are within the Annexation Agreement but not necessarily part of this preliminary plat and phase of development. They include: • Street assessments related to Hyde Avenue based upon the adopted assessment schedule and distributed over the term of ten annual installments. Under state law, the remaining assessment on the 170-acre parcel must be “cleared” paid off with the first final plat approval. • Developer’s share of off-site traffic improvements at Hyde Avenue and Bloomington Road for a traffic signal shall be paid with approval of the first final plat. • Water connection fee payments attributable to the benefitted area (excluding outlots reserved for future platting) will be paid with each phase and a full payoff for all remaining areas at the time of the first Final Plat after June 30, 2031, regardless if the total area is developed. • Stormwater sewers and management will be the responsibility of the homeowner’s association and use of phosphate fertilizers is prohibited. • Sanitary sewer utility connection fees attributable to the benefitted area (excluding outlots reserved for future platting) will be paid with each phase and a full payoff for all remaining areas at the time of the first Final Plat after June 30, 2031, regardless if the total area is developed. • Approximately 12 acres of Parkland and will be dedicated at the time street improvements across the frontage of the park site are completed concurrent with the development of Parcel 7 or 6 (shown on Master Plan), or by July 1, 2028 whichever occurs first. • Installation of a 10-foot shared use path through the greenway trail would be a shared cost with the developer as an enhancement exceeding private trail requirements. The proposed cost sharing is for construction of the path by the developer with the City constructing the crossing over the waterway. • An east-west sanitary sewer line to be installed at the developer’s expense from Hyde Avenue to the west side of the spine road. Beyond this point, the responsibility of further extension of sewer is dependent on review of development of a future phase of development. Additionally, the entire property is subject to a Master Plan which was recently amendment and approved in June, 2021. Applicable Law. Laws pertinent to the proposal are described on Attachment B – Applicable Law. Pertinent for the Planning and Zoning Commission are Sections 23.302(3) and 23.302(4). Requirements for Ames Conservation Subdivision standards are in Division VI of Chapter 23 Subdivision Standards of the Municipal Code. Zoning standards for Suburban Residential development are contained in Article 12 of Chapter 29 of the Municipal Code. 11 Attachment A- Location Map 12 Attachment B- Master Plan and Zoning 13 Attachment C- Preliminary Plat 14 15 16 17 18 19 20 21 22 23 Attachment D: Street Tree Exhibit 24 25 Attachment F: Conservation Area Maps Note: 1 The Conservation Management Exhibits do not reflect the updated lot layout that removes the south cul de sac. 26 Note: 2 The Conservation Management Exhibits do not reflect the updated lot layout that removes the south cul de sac 27 Note: 3 The Conservation Management Exhibits do not reflect the updated lot layout that removes the south cul de sac 28 Attachment F: Applicable Subdivision Law The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the following: (verbatim language is shown in italics, other references are paraphrased): Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine whether the subdivision conforms to its Land Use Policy Plan. Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general provisions for subdivisions within the City limits and within two miles of the City limits of Ames. Ames Municipal Code Section 23.302(3): (3) Planning and Zoning Commission Review: (a) The Planning and Zoning Commission shall examine the Preliminary Plat, any comments, recommendations or reports assembled or made by the Department of Planning and Housing, and such other information as it deems necessary or desirable to consider. (b) Based upon such examination, the Planning and Zoning Commission shall ascertain whether the Preliminary Plat conforms to relevant and applicable design and improvement standards in these Regulations, to other City ordinances and standards, to the City’s Land Use Policy Plan, and to the City’s other duly adopted Plans. Ames Municipal Code Section 23.302(4): Planning and Zoning Commission Recommendation: Following such examination and within 30 days of the regular meeting of the Planning and Zoning Commission at which a complete Application is first formally received for consideration, the Planning and Zoning Commission shall forward a report including its recommendation to the City Council. The Planning and Zoning Commission shall set forth its reasons for any recommendation to disapprove or to modify any Preliminary Plat in its report to the City Council and shall provide a written copy of such reasons to the developer. Ames Municipal Code Chapter 23, Subdivisions, Division VI, establishes requirements for Conservation Subdivisions, as follows: 29 30 ITEM # 34___ DATE 05-10-22 COUNCIL ACTION FORM SUBJECT: 2516 LINCOLN WAY DEVELOPMENT PROJECT STORM DRAIN EASEMENT AND CSC ZONING DISTRICT CLAY BRICK BUILDING MATERIAL STANDARD TEXT AMENDMENT BACKGROUND: The property owner, F F & F of Ames, LLC has submitted a Minor Site Development Plan application for a two-story bar and restaurant to be constructed at 2516 Lincoln Way. Presently, this is a vacant site. Previous development consisted of three buildings constructed across three lots. The previous buildings were constructed over the in-place box culvert constructed in 1935. This culvert conveys College Creek under the site as well as beneath the building at 122 Hayward Avenue. Ultimately, College Creek flows towards Lake LaVerne on the Iowa State University Campus. A map of the area is in Attachment A. At the time of redevelopment at 122 Hayward Avenue, it was determined that the culvert could stay in place as long as an existing conditions assessment of the existing box culvert was performed, in-situ condition of the existing box culvert for load/vibration impacts must be monitored during construction, and a post-construction assessment of the existing box culvert must be completed, all at the developer's expense. There are a total of four properties that site atop the box culvert, this property at 2516 Lincoln Way that is set for redevelopment, 122 Hayward Avenue that was redeveloped in 2015, Lot X, the City owned parking area, and 110 Hayward Avenue Rear currently used for parking. Staff directed the property owner of 2516 Lincoln way to go through the same process and enter into an easement agreement with the City. On May 25, 2022 City Staff along with engineers on behalf of the developer conducted an inspection of the box culvert and deemed it safe to proceed with construction a top of the structure. Attached is the proposed easement agreement and easement exhibit to be entered into if City Council approves. The easement gives the ability to perform maintenance to the box culvert and the City has no liability for damage to the property. The applicant will provide a signed final copy prior to the City Council meeting on Tuesday. CAMPUSTOWN CLAY BRICK ZONING STANDARD: As part of the review of the proposed facility the applicant has concerns about the CSC Zoning District standards for 50% of each façade having clay brick building materials. The project proposed to have a zero-lot line condition along its east property line. The applicant has submitted a letter describing their issues with construction of a zero lot of building and use of clay brick without securing construction easements or changing construction methods. If the City Council is interested in addressing the applicant’s concern, it would require a change to the building material standard with a zoning text amendment. The proposed change would be to modify the 50% per façade requirement to 50% of the building. The overall total amount of brick would be the same but it would grant the applicant latitude on how to apply it. Prior to 2017, the City did not specify that each façade must contain brick, just that it must be the primary material on a building. To clarify the intent of the majority of each building façade containing clay brick, the standard was changed to the current language. Although there could be some situations with walls that have no brick if a changed is approved, it would be similar to existing conditions in Campustown and it would allow the developer to invest in priority facades of the project. If City Council initiates the text amendment, staff would draft specific language to address the change and it would proceed to a P&Z for a recommendation and a public hearing with the City Council. ALTERNATIVES: 1. City Council may approve the proposed easement for the box culvert and initiate a zoning text amendment to allow 50% clay brick for all building facades. 2. City Council may approve the proposed easement for the box culvert and decline to initiate a zoning text amendment. 3. City Council may refer these issues back to staff or the applicant for more information. CITY MANAGER’S RECOMMENDED AC TION : The developer of 2516 Lincoln Way asks for City Council to accept the proposed easement and initiate a change to the zoning standard in order to facilitate redevelopment of this now vacant site in Campustown. The box culvert is a unique issue where it is located with buildings across the top of the culvert. Staff believes the language of the easement protects the City’s interest for maintenance of the facility and to hold the City harmless for allowing the building encroachment. The zoning text amendment change relates to a development condition of building at a zero lot line condition. The developer does not believe they can set the building back to allow construction of clay brick clad wall and still have a viable project. They believe they can deliver a better project by using the same amount of brick overall, but placing it on the higher profile facades of the building. Staff believes the proposed change in the required percentage of clay brick would not be detrimental to the character of Campustown. Therefore, the City Manager recommend City Council approve Alternative #1. College Creek Watershed South Skunk Squaw Legend AMES INCORPORATED LIMITS College Creek 9/10/2013 Sources: Esri, DeLorme, NAVTEQ, USGS, Intermap, iPC, NRCAN, Esri Japan, METI, Esri China (Hong Kong), Esri (Thailand), TomTom, 2013 Path: G:\Ames\Departmental\Ames_Public_Works\GIS_PROJECTS\130909_WatershedMapsForPat\Watersheds_Sept2013_2.mxd F Prepared by, recording requested by and return to: Attorney Kevin J. Roop Hale, Skemp, Hanson, Skemp & Sleik 505 King Street, Suite 300 P.O. Box 1927 La Crosse, WI 54602-1927 EASEMENT AND WAIVER DECLARATION This Easement and Waiver Declaration (herein "Declaration") is made by and between FF & F of Ames, LLC, an Iowa limited liability company (herein "Grantor" or "Party") in favor of The City of Ames, an Iowa municipality (herein "Grantee" "City" or "Party") (collectively herein "Parties"). RECITALS WHEREAS, Grantor owns of record the real estate legally described on Exhibit A attached hereto and incorporated herein by reference (herein “Property”); WHEREAS, the Property identified is further described and identified on the ALTA survey attached hereto as Exhibit B and incorporated herein by reference; WHEREAS, the Property is encumbered by an underground box culvert at the location identified on Exhibit B attached hereto (herein "Box Culvert"); WHEREAS, the location of the Box Culvert on the Property is legally described on Exhibit C attached hereto and incorporated herein by reference; WHEREAS, the Box Culvert was installed by Grantee and has been maintained by Grantee to control water runoff for the benefit of Grantee and surrounding property owners (herein "Purpose"); and 1 WHEREAS, Grantor desires to construct a building and other improvements above and around the Box Culvert in a manner that will not interfere with the Purpose. NOW, THEREFORE, in consideration of the foregoing, the covenants and promises contained herein and other good and valuable consideration, the Grantor declares as follows: 1. Grant of Easement. Grantor does hereby grant, convey and warrant to Grantee a non-exclusive ingress and egress easement over and upon the Property, for the purpose of servicing, cleaning, maintaining, repairing and replacing the Box Culvert in its current location, size and configuration. 2. Waiver. Grantor does hereby waive any and all claims for any damages which might or may be caused by the construction, reconstruction, perpetuation, repair, maintenance, replacement or overflow of said Box Culvert, and waives any and all claims for damages now or hereafter sustained from any flood water caused by the inability of said Box Culvert to receive and carry the same. Grantor shall not make any connection with said Box Culvert, except with the prior written consent of the City. 3. Duration. The easements and obligations created pursuant to this Declaration shall be perpetual in duration. 4. Covenant Running with the Land. The easements and obligations created pursuant to this Declaration shall be easements and covenants running with the land. 5. Additional Provisions. a. Recitals. The Recitals to this Declaration are incorporated into and made a part of this Declaration by reference. b. Binding Effects and Benefits. This Declaration shall be binding upon and shall be for the benefit of the Parties hereto and their respective heirs, successors, personal representatives, and assigns. c. Headings. Section and other headings contained in this Declaration are for reference purpose only and shall not affect the meaning or interpretation of this Declaration. d. Invalidity. If a court determines any portion or portions of this Declaration to be invalid, such invalidity shall not affect the validity or enforceability of the remainder of this Declaration. 2 e. Counterparts. This Declaration may be executed in any number of counterparts, each of which shall be deemed to be an original and all of which together shall be deemed to be one and the same instrument. f. Governing Law. This Declaration and any dispute arising from or related to this Declaration shall be governed by the law of the State of Iowa, without application of its conflicts of laws provisions. IN WITNESS WHEREOF, the Grantor has executed this Declaration on the dates written below. GRANTOR: FF & F OF AMES, LLC DRAFT - DO NOT SIGN By:_______________________ Name: Marc R. Fortney Title: Managing Member Date: May __, 2022 STATE OF WISCONSIN ) ) ss. COUNTY OF LA CROSSE ) Personally came before me this day of May, 2022, the above named Marc R. Fortney, to me known to be the person who executed the foregoing instrument and acknowledged that he executed the same. Kevin J. Roop Notary Public, State of Wisconsin My commission is permanent. THIS INSTRUMENT WAS DRAFTED BY Attorney Kevin J. Roop Hale, Skemp, Hanson, Skemp & Sleik 505 King, Suite 300 La Crosse, WI 54601 3 EXHIBIT A Property Parcel L of Lots 5, 6, 7, and 8, Block 4 in the Auditor's Replat of Block 3, 4, and 5, Beardshear's Addition and Walter's Subdivision, Ames, Story County, Iowa, as shown on the Plat of Survey recorded on March 13, 2017, at Inst. No. 17-02121, Slide 561, Page 4. EXHIBIT B ALTA Survey (ATTACHED) EXHIBIT C Box Culvert Legal Description May 4, 2022 RE: Brothers Bar & Grill – 2516 Lincoln Way Dear Mr. Diekmann; We are requesting an alternative proposal to meet the clay brick standard for the project as it relates to the east property line, per our earlier conference phone discussion. To meet a number of criteria the building provides a rear easement and a non-interior design area to the west which will be a patio. Along the north, south and west faces we can construct a wall assembly that includes appropriate ratios of clay brick. We have a zero lot line along the street frontage and the east, in part to meet a floor area ratio. The east façade due to immediate proximity to the neighboring property is only technically feasible to be constructed as what would be considered a “single wythe masonry wall”. This can be done with concrete masonry units that can be assembled from the interior side of the building. We would be unable to construct a wall assembly of multiple layers for the technical aspects of not being able to get to the exterior finish side, or the requirement of having to scaffold upon another neighboring building. Our proposal is to meet the overall required clay brick ratio by adding the brick ratio of the east façade upon the west façade of the building. Sincerely, Nathaniel Shea, A.I.A. Principal Tanek, Inc. Direct: 612-998-8200 nshea@tanek.com t ane k ITEM #___35__ DATE: 05/10/22 COUNCIL ACTION FORM SUBJECT: NUISANCE ASSESSMENTS - SNOW/ICE REMOVAL BACKGROUND: After a snowfall, abutting property owners have the responsibility to remove snow and ice accumulations from the sidewalks. According to the Municipal Code, owners shall remove these accumulations within 10 daylight hours after the storm has stopped. If after that time sidewalks remain uncleared, the City may remove accumulations and assess the actual cost of the removal to the property owner. This action is performed on a complaint basis. Once a complaint has been received, notice is given to the abutting property owner that the City will clear the sidewalks if the owner has not done so within 24 hours of that notice. City staff has removed snow and/or ice at the properties listed below. Also included in the list are the names and addresses of the property owners and the costs associated with the snow/ice removal. The work was completed, and bills have been mailed to these individuals. To date, the bills have not been paid. A certified notice of this hearing was mailed to the property owners. Michael & April Marvin $340.00 1235 Michigan Avenue Ames, IA 50014 Snow/ice removal for property located at 1235 Michigan Avenue Work performed on February 4, 2022 Terra Ann Jenson $242.50 1232 Northwestern Avenue Ames, IA 50010 Snow/ice removal for property located at 1232 Northwestern Avenue Work performed on February 4, 2022 Colin Wong $240.00 6001 Thomaston Road, #1306 Macon, GA 31220 Snow/ice removal for property located at 1423 Ridgewood Avenue Work performed on February 4, 2022 Riverbirch-Maple-Phoenix-Ames LLC $185.00 134 N. Lasalle Street, Suite 1950 Chicago, IL 60602 Snow/ice removal for property located at 201 S. 5th Street, #205 Work performed on February 4, 2022 DM Properties $312.50 3038 Sidco Drive Nashville, TN 37204 Snow/ice removal for property located at 524 Lincoln Way Work performed on February 4, 2022 ALTERNATIVES: 1. Adopt a resolution assessing the costs of the snow/ice removal to the property owners shown on the above list. The Finance Director will then prepare a spread sheet on these assessments, and the City Clerk’s Office will file the assessments with the Story County Treasurer for collection in the same manner as property taxes as provided for by the Code of Iowa. 2. Do not certify these costs to the County Treasurer and instead, absorb the costs. CITY MANAGER’S RECOMMENDED ACTION: To ensure sidewalks remain safe for public use, Municipal Code places responsibility to clear snow and ice from sidewalks upon the abutting property owners. Complaints were received regarding these properties, and notice was provided to the property owners to comply with the snow and ice removal requirements. However, these property owners failed to clear their sidewalks even after receiving notice to do so. The property owners have been billed for the costs but have not paid. Under Iowa law, the costs may be assessed to the properties on their property tax bills. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby assessing the costs of the snow/ice removal to the property owners shown above. ITEM #: DATE: 05-10-22 COUNCIL ACTION FORM SUBJECT: REZONE THE PARCELS AT 2105 DAYTON AVENUE FROM “A” (AGRICULTURAL) TO “GI” (GENERAL INDUSTRIAL) WITH A MASTER PLAN BACKGROUND: The proposed rezoning includes two parcels, totaling 61.44 acres, addressed as 2105 and 2421 Dayton Avenue (Attachment A – Location Map). The property is currently zoned “A” (Agricultural) (Attachment C – Existing Zoning); the requested zoning is “GI” (General Industrial). The annexation for the property was approved by the Council on February 22, 2022. The majority of the property is currently farmland with a pioneer cemetery located in the northwest corner of the site. Ames Plan 2040, the City’s comprehensive plan, designates the property as “Employment” (Emp). Applicable zoning categories for Employment include the proposed “GI”. GI zoning allows for a broad range of office, warehouse, and manufacturing uses. The zoning request is accompanied by a Master Plan. The primary purpose of the Master plan is to designate 11.57 acres in the northwest corner of the site as open space. This area will not be developed while the remainder of the site, 61.44 acres, will be. The open space is more steeply sloped that the rest of the property, contains timber and a man- made pond, and has a small cemetery. The developer will be responsible for the maintenance and continued upkeep of the cemetery based upon the pre-annexation agreement with the landowner. The developer intends to subdivide the site into 13 lots. The site is part of a proposal for an industrial subdivision with a development agreement with the City that would utilize tax increment financing (TIF) for installation of infrastructure. City water, sanitary sewer and storm sewer will serve this site extending from the right- of-way of Dayton Avenue. Access to the site will be from Dayton Avenue. The developer completed a traffic study with a conceptual subdivision review. At the time of subdivision approval, turn lanes will be required for access to the site. PLANNING AND ZONING COMMISSION RECOMMENDATION: The Planning and Zoning Commission held a public hearing on April 20, for the proposed rezoning. Commissioners discussed the open space and the maintenance of the cemetery as it is represented on the Master Plan. The Commission voted 6-0-0 to recommend approval of the rezoning. 36 ALTERNATIVES: 1. The City Council can approve the request to rezone the property located at 2105 and 2421 Dayton Avenue from “A” (Agricultural) to “GI” (General Industrial) with a Master Plan and to have a signed zoning agreement returned prior to 3rd reading. 2. The City Council can deny the request to rezone the property located at 2105 and 2421 Dayton Avenue from “A” (Agricultural) to “GI” (General Industrial) with a Master Plan. 3. The City Council can refer this matter back to staff and the applicant for more information before making a recommendation. CITY MANAGER’S RECOMMENDED ACTION: The request for rezoning is consistent with the adopted Ames Plan 2040 as described in the addendum. Impacts on infrastructure and City services for this parcel is minimal and consistent with what has been anticipated for development in this area. City staff believes the site can be developed for use by industrial uses if it is rezoned as “GI”. Infrastructure improvements will be detailed out with a future subdivision approval for development of the site. Therefore, it is the recommendation of the City Manager that the City Council support Alternative #1 and approve the request to rezone the property located at 2105 and 2421 Dayton Avenue from “A” (Agricultural) to “GI” (General Industrial) with a Master Plan and to have a signed zoning agreement returned prior to 3rd reading. ADDENDUM REZONING BACKGROUND: Ames Plan 2040. The Future Land Use Map designates the land proposed for rezoning as “Employment” (Emp). This category is intended to be zoned “GI” (among other industrial categories) (see Attachment B – Future Land Use Map). Some of the characteristics of the “Employment” (EMP) future land use designation (Ames Plan 2040, p. 63) are: - Provide attractive and well-functioning settings for a range of industrial enterprises. - Building on Ames’ natural and historic strength in research. - Minimize impact and external effects on City neighborhoods. The proposed rezoning will contain an industrial area that provides for new industrial development, preserves an existing natural area, and is located near like uses thereby minimizing any impact on residential neighborhoods. Proposed Zoning. The applicant proposes rezoning from “A” (Agricultural) to “GI” (General Industrial). The property to the south is zoned “PI” (Planned Industrial), the land to the east (the USDA facility) is zoned “S-GA” (Special District – Government/Airport District), and the property to the north (the daycare facility) is zoned “A” (Agricultural). The property to the west is outside of the City limits. The “GI” zone is intended to allow industrial development including manufacturing, resource production, warehousing, and industrial service. Salvage yards are also allowed with specific approval. Development is expected to be generally auto oriented, with access from major traffic ways. GI zoning includes no specific architectural standards and includes basic front, rear, and side setbacks. A developed site must include at least 15% of the area as landscaping. At the time of a Site Development Plan, a Use Analysis Report will be required showing: - The approximate number of employees, - The approximate utility needs, and - Possible nuisance factors (noise, odor, smoke, dust, fumes, vibration, heat) Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Property Existing Primary Land Uses Subject Property Farmland / Undeveloped North East USDA Research Lab Facility South West The Isaak Walton league site includes a variety of outdoor activities including shooting ranges. The orientation of the shooting ranges are not towards this site and they are set at a lower elevation than this site. Based upon the large area of the subject site and general separation of uses listed above, the proposed GI zoning should allow for compatible development options. Infrastructure. Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for industrial use of the property. Public water runs the length of Dayton Avenue along this property. Public sewer extends to the southeast corner along Dayton Avenue. Public Works has determined adequate sewer capacity exists to serve the site. Any future extension of City utilities and connections will be at the property owner’s expense. Dayton Avenue is a two-lane minor arterial street. Dayton Avenue carries a large volume of trucks along with other vehicle traffic. Future development of the site will align a primary access point with the USDA facility. The traffic study indicates that turn lanes are needed for safe access to the site. Development of the site or subdivision of the site will trigger street improvements and along with sidewalk improvements. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by Dayton Avenue Development LLC (Chuck Winkleblack). The rezoning request and statement of justification is included as Attachment F. 2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of “Employment” (Emp) identified on the Ames Plan 2040 Future Land Use Map. 4. Development in the “GI” zoning district requires a site plan review process to assure that such development and intensity of use assures a safe, functional, efficient, and environmentally sound operation. 5. Impacts on infrastructure and City services for this parcel is consistent with what is already anticipated for the area. Public Notice. The City provided mailed notice to all property owners within 200 feet of the subject property prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. ATTACHMENT A Location Map ATTACHMENT B Ames Plan 2040 Future Land Use Map ATTACHMENT C Existing Zoning County ATTACHMENT D Proposed Zoning ATTACHMENT E Master Plan ATTACHMENT F Applicant’s Statement The following text is intended to supplement the Rezoning Application packet as required. 1. Reasons for Requesting Rezoning. We are requesting the parcel be rezoned from the current Agricultural – A to GI – General Industrial – to allow the development of the property as Industrial. 2. Consistency of the Rezoning with Ames Plan 2040. The parcel requested for rezoning meets the consistency and goals of the Ames 2040 Plan and a zone for Employment. 3. Current Zoning. “A” (Agricultural) 4. Proposed Zoning. “GI” (General Industrial) with a Master Plan 5. Proposed Use. The intended use of the property is general industrial similar to the S Bell corridor. 6. Legal Description. THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION THIRTY-SIX (36); AND, THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION THIRTY SIX (36) EXCEPT, THE NORTH 1 ROD, AND EXCEPT, A PART OF THE NE 1/4 OF THE NE 1/4 OF SEC. 36-T84N-R24W OF THE 5TH P.M., STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE, 16.5 FEET SOUTH OF THE NE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE N88°41'W, 925.0 FEET, PARALLEL AND 16.5 FEET DISTANT FROM THE NORTH LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE SOUTH 275.0 FEET; THENCE S88°41'E, 925.0 FEET TO THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE NORTH 275.0 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS A COMBINED 3,179,840 SQ. FT. (72.99 AC.) 7. Land Area. 61.44 Acres. 8. Map. See previous attachments. DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 2105 Dayton Avenue, is rezoned from Agricultural (A) to General Industrial (GI). Real Estate Description: THE SOUTHEAST QUARTER (SE 1/4) OF THE NORTHEAST QUARTER (NE 1/4) OF SECTION THIRTY-SIX (36); AND, THE NORTHEAST QUARTER (NE 1/4) OF THE NORTHEAST QUARTER (NE 1/4), OF SECTION THIRTY SIX (36) EXCEPT, THE NORTH 1 ROD, AND EXCEPT, A PART OF THE NE 1/4 OF THE NE 1/4 OF SEC. 36-T84N-R24W OF THE 5TH P.M., STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE EAST LINE, 16.5 FEET SOUTH OF THE NE CORNER OF SAID NE 1/4 OF THE NE 1/4; THENCE N88°41'W, 925.0 FEET, PARALLEL AND 16.5 FEET DISTANT FROM THE NORTH LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE SOUTH 275.0 FEET; THENCE S88°41'E, 925.0 FEET TO THE EAST LINE OF SAID NE 1/4 OF THE NE 1/4; THENCE NORTH 275.0 FEET TO THE POINT OF BEGINNING. PARCEL CONTAINS A COMBINED 3,179,840 SQ. FT. (72.99 AC.) Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS ________ day of _________________________, ______. _________________________________ ____________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor 2 Planning and Housing Department 515.239.5400 main 515 Clark Ave. P.O. Box 811 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org TO: Mayor and City Council FROM: Kelly Diekmann, Planning & Housing Director DATE: May 6, 2022 SUBJECT: Ansley Development PUD Rezoning – Item No. ## May 10, 2022 On April 12, 2022, the City Council held a public hearing and approved first reading of an ordinance to rezone the Ansley development at 3210 Cedar Lane from “A” (Agricultural) to “FS-RL” (Floating Suburban – Residential Low Density) with a “PUD” Planned Unit Development Overlay and Master Plan. A condition of first reading approval was that the owner agree to and sign a Zoning Agreement with a Master Plan, including required modifications to the Master Plan, prior to the third reading. The Zoning Agreement stipulates that the property owner will: i.Initiate the buyout of Xenia Water Service Territory with completion of the territory transfer prior to Preliminary Plat approval. ii.Include with the Preliminary Plat application improvement plans for Cedar Lane improvements by the developer that include dedication of right-of-way, sidewalks, and street paving from the north edge of the site to the south edge of the site, including offsite between the two proposed street connections to Cedar Lane. iii.Not develop the property until such time as the City of Ames has approved a Subdivision Plat for the site. The agreement is attached. The applicant has the agreement and will return a signed copy to the City prior to City Council approval of the third reading on May 10th. Caring People Quality Programs Exceptional Service Item No. 41a DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER Prepared by: Mark O. Lambert, City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010; 515-239-5146 REZONING AGREEMENT FOR THE ANSLEY DEVELOPMENT (3210 CEDAR LANE) THIS AGREEMENT, made and entered into this _____ day of __________, 2022, by and between the City of Ames, Iowa (hereinafter called “City”) and Burgason Enterprises L.L.C. (hereinafter called “Developer”), its successors and assigns, both collectively being referred to as the “Parties,” WITNESSETH THAT: WHEREAS, the Parties hereto desire the improvement and development of four parcels of real property, constituting approximately 58.7 acres located within the vicinity of 3210 Cedar Lane (collectively referred to hereinafter as the “Site”) and legally described as: [See attached Exhibit ‘A’ for legal description]. WHEREAS, the Site has a Residential Neighborhood 3 (RN-3) designation in the Ames Plat 2040 and is zoned currently as “A” Agricultural and the Developer is seeking rezoning of the Site to Floating Suburban – Residential Low Density (FS-RL) with a “PUD” Planned Unit Overlay; and WHEREAS, the City Council has determined that due to specific conditions that exist on or around the area proposed to be rezoned, or due to specific situations that require more careful consideration of how the layout and design of a site affects general health, safety and welfare, a Master Plan must be submitted as part of this rezoning request as set forth in Ames Municipal Code section 29.1507; and WHEREAS, the Developer has submitted a Master Plan (named the “Ansley Master Plan”) in conformance with the requirements set forth in Ames Municipal Code section 29.1507(4) and the requirements of 29.1114 (PUD Overlay); and WHEREAS Ames Municipal Code section 29.1507(5) requires approval of a zoning agreement when a Master Plan is required, and that all development of the Site comply with the Master Plan. NOW, THEREFORE, the Parties hereto have agreed and do agree as follows: I. ANSLEY MASTER PLAN ADOPTED The Master Plan, which is dated April 25, 2022, and is on file with the Department of Planning and Housing, a portion of which (pages 10 and 11) is set forth at Attachment B and incorporated by reference in this agreement shall be the Master Plan for the Site. Developer agrees that all development upon the Site shall comply with the Master Plan on file with the Department. Developer further agrees and that: (A) The Site is within the Xenia rural water service territory and Developer is solely responsible to pay all costs, fees and expenses associated with or otherwise required by the territory buyouts. The applicants further agree to transfer to the City all service territory prior to City Council approval of any future Preliminary Plat upon any portion of the Site. Developer understands that terms of the territory buyout with Xenia are included in a document known as the Agreement for Water Service and Territory Transfer between the City of Ames and Xenia with an effective day of February 1, 2022, and recorded as Instrument No. 2022-01065. (B)Developer shall assume all financial responsibility for road improvements to Cedar Lane required by the City for development of the Site, including offsite improvements to the frontage between the north and south areas of the site. Developer agrees to make improvements required by the City to Cedar Lane and further agrees to dedicate rights-of-way as determined appropriate by the City at the time of Preliminary Plat approval. The City and Developer shall enter into a subsequent Subdivision Developer Agreement to memorialize the City’s requirements related to public improvements and timing. Nothing contained in this agreement shall supersede or modify any prior agreements with Iowa State University for its share of Cedar Lane improvements, as it is not a party to this Agreement. (C)Development of the Site shall not occur until such time as the City of Ames has approved a subdivision plat for the site. II. NON-INCLUSION OF OTHER OBLIGATIONS The Parties acknowledge and agree that this Agreement is being executed to fulfill a specific requirement of section 29.1507(5) of the Ames Municipal Code. It is also understood that this Agreement supplements but does not replace or supersede any agreements made with the City or third parties. The Parties further acknowledge that all site development standards continue to apply to the Site. The Parties understand that the Master Plan adopts a general conceptual plan for development, without review or approval of specific subdivision plats or site plans for development of the Site. The Parties therefore acknowledge that the Master Plan adoption does not anticipate or incorporate all the additional approvals or requirements that may be required to develop the Site properly and completely and does not relieve the developer of compliance with other provisions of the Ames Municipal Code, the Iowa Code, SUDAS, or other federal, state or local laws or regulations. III. MODIFICATION OF AGREEMENT Any modifications or changes to the Master Plan shall be undertaken in accordance with the process provided for in Ames Municipal Code section 29.1507(5). IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed effective as of the date first above written. (S i g n a t u r e s o n f o l l o w i n g p a g e ) BURGASON ENTERPRISES, L.L.C. By: Steven W. Burgason, Manager STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on ______________________, 2022, by Steven W. Burgason, as Manager Burgason Enterprises, L.L.C. NOTARY PUBLIC Passed and approved on ________________________. 2022, by Resolution No. 22-________ adopted by the City Council of the City of Ames, Iowa. CITY OF AMES, IOWA John A. Haila, Diane R. Voss, STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on _______________________, 2022, by John A. Haila and Diane R. Voss, as Mayor and City Clerk, respectively, of the City of Ames, Iowa. NOTARY PUBLIC LEGAL DESCRIPTION – Exhibit ‘A’ PARCEL 'X' A TRACT OF LAND IN THE NORTHWEST QUARTER (NW1/4) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION TENTY-ONE (21), TOWNSHIP EIGHTY- THREE (83) NORTH, RANGE TENTY-FOUR (24) WEST OF THE 5TH P.M., AMES, STORY COUNTY, IOWA, AS SHOWN ON THE PLAT OF SURVEY - BOUNDARY LINE ADJUSTMENT AS ATTACHED TO THE SURVEYOR'S AFFIDAVIDT FILED IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA, ON JUNE 23, 2020, AS INSTRUMENT NO. 2020-06792. -AND- ALL THAT PART OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., IOWA, LYING WEST OF THE CENTERLINE OF THE ABANDONED C. & N.W. RAILROAD RIGHT -OF- WAY. -AND- ALL THAT PART OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 21, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M., IOWA, LYING WEST OF THE CENTERLINE OF THE ABANDONED C. & N.W. RAILROAD RIGHT -OF- WAY, EXCEPT ALL OF VILLAGE PARK SUBDIVISION AS RECORDED IN INST. #2016- 09359 IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA. -AND- PARCEL 'R' A PART OF LOT 3 IN THE SUBDIVISION OF THE NORTHEAST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER, AND PART OF THE VACATED C. & N.W. RAILROAD, ALL IN SECTION 21, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5T H P.M., STORY COUNTY, IOWA, AS SHOWN IN INSTRUMENT #2012-12842 IN THE OFFICE OF THE RECORDER OF STORY COUNTY, IOWA. PORTION OF ANSLEY MASTER PLAN – Exhibit ‘B’ Pages 10 and 11 of the Master Plan dated April 25, 2022, are attached. The Full Master Plan is filed with the City of Ames – Department of Planning and Housing. 10 © Copyright 2020 Rhinehart Pulliam & Company AURORA AVENUE CEDAR LANE LU N E T T A D R I V E 111 30 27 28 29 22 21 13 14 12 11 10 61 60 67 65 66 68 52 58 57 59 49 48 5153 54 50 64 69 72 70 71 122 20 73 116 117 123 119 120 2445 47 46 85 36 39 38 37 34 35 74 75 86 89 88 87 82 80 81 76 77 78 79 99 104103 100 101 102 97 96 90 92 93 105 106 115 112 113 114 110 121 118 5 6 62 8 2 3 4 7 1 9412526 23 15 17 16 19 18 98 313233 40 84 83 95 94 91 108 109 107 BARN ALLEY PRIMR O S E L A N E PLUM L A N E HARLEY LANE CO T T A G E L A N E LAR K S P U R L A N E RO T H R O A D RO T H R O A D ANSLEY AVENUE ANSLEY AVENUE AN S L E Y A V E N U E MI D D L E T O N R O A D ANS L E Y C R E S C E N T ANS L E Y C R E S C E N T SW A N L A N E LILAC ALLEY GARDEN ALLEY GOOSE ALLEY BACK ALLEY AU R O R A A V E N U E 63 56 55 44 43 42 FEETSCALE 0 100 200 HORZ. R HOUSE COTTAGE COURT COTTAGE COURT EDGE TOWNHOME COMMERCIAL LEGEND: Master Plan A B C C C Ansley Development Rezoning Agreement Exhibit B 11 © Copyright 2020 Rhinehart Pulliam & Company Phasing Plan