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HomeMy WebLinkAbout~Master - June 28, 2022, Regular Meeting of the Ames City CouncilAMENDED AGENDA JOINT MEETING OF THE AMES CITY COUNCIL AND AMES HUMAN RELATIONS COMMISSION AND REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL JUNE 28, 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 PM JOINT MEETING OF THE AMES CITY COUNCIL AND AMES HUMAN RELATIONS COMMISSION 1. Presentation of 2021 Ames Human Relations Commission Annual Report 2. Resolution approving Agreement between Ames Human Relations Commission and Iowa Civil Rights Commission regarding intake and investigation of Civil Rights Complaints COMMISSION COMMENTS: ADJOURNMENT: REGULAR MEETING OF THE AMES CITY COUNCIL* *The Regular Meeting of the Ames City Council will immediately follow the Joint Meeting of the Ames City Council and Ames Human Relations Commission. PRESENTATION: 1. Presentation by Water & Pollution Control Director on Ames Water and New Per-and Polyfluoroalkyl Substances (PFAS) Standards CONSENT AGENDA: All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 2. Motion approving payment of claims 3. Motion approving Minutes of Regular Meeting held June 14, 2022 4. Motion approving Report of Change Orders for period June 1 - 15, 2022 5. Motion certifying Civil Service candidates Additional Item: Motion approving salaries for Council Appointees for FY 2022-23 6. Motion approving new 5-Day Class C Liquor License with Outdoor Service (July 7-11, 2022) Your Private Bartender, LLC, (for Midnight Madness) at Ames Fitness Center South, 3600 Grand Avenue 7. Motion approving new 5-Day Class C Liquor License - (July 14-18, 2022) - Your Private Bartender, LLC, at Reiman Gardens, 1407 University Boulevard 8. Motion approving new Class B Native Wine Permit with Sunday Service - Oak Lane Candle Co., LLC, 121 Main Street 9. Motion approving new Class C Liquor License with Sunday Service - Celaya, LLC 217 S Duff 10. Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses: a. Class C Liquor License with Sunday Sales - Red Lobster #0747, 1100 Buckeye Avenue b. Class C Liquor License with Sunday Sales - Welch Ave Station, 207 Welch Avenue c. Class C Beer Permit with Class B Native Wine Permit and Sunday Sales - Hampton Inn & Suites Ames, 2100 SE 16th Street d. Class B Beer with Sunday Sales - Panchero’s Mexican Grill, 1310 S Duff Avenue 11. Resolution approving and adopting Supplement No. 2022-3 to the Ames Municipal Code 12. Resolution setting date of public hearing for July 12, 2022, regarding granting an underground Electrical Utility Easement to Interstate Power and Light Company on the Prairie View Industrial Lift Station site located at 207 S. Teller Avenue Additional Item: Resolution setting date of public hearing for July 12, 2022, to consider vacation of the existing 10' Electric Easement at 1404 and 1410 Buckeye located in Lots 8 & 9, Southwood Subdivision 13. Resolution approving Agreement for Joint and Cooperative Action for Waste Disposal Operations by Boone County and the City of Ames through June 30, 2025 14. Resolution approving the addition of ten 45-watt LED street lights on 35-foot dark bronze steel street light poles in the Domani Subdivision at a total cost of $78.50 plus energy charge and taxes per month to the existing Alliant Energy Electric Tariff #1 15. Resolution accepting quote from Holmes Murphy & Associates for coverage with Midwest Employers Casualty Company for Excess Worker’s Compensation Insurance Renewal for 2022/23 at a renewal premium of $135,175 16. Resolution approving Joint Use Parking Agreement and Parking Easement Agreement between Hope Lutheran Church at 3329 Lincoln Way, and First National Bank at 3334 Lincoln Way on Wednesday evenings to allow for expansion of the Church’s worship area 17. Resolution approving request from Emergency Assistance to close Clark Avenue between 6th and 7th Street from 1:00 p.m. - 9:00 p.m. on Sunday, July 3, 2022, for “25 Years in the Neighborhood” Celebration 18. Resolution approving preliminary plans and specifications for Cooling Tower Blowdown Spray Sanitary Sewer Modifications, with liquidated damages, setting July 27, 2022, as bid due date and August 9, 2022, as date of public hearing 19. Resolution awarding contract to Diamond Oil Company of Des Moines, Iowa, for Oils, Lubricants, and Fluid Analysis for Fleet Services and Transit in accordance with unit prices bid for fiscal year 2022/23 with the option of four additional 12-month renewal periods 20. Resolution awarding contract to Houck Advertising of Shoreview, Minnesota, for Transit Advertising Services for contract period of July 31, 2022, through June 30, 2025, with the possibility of two additional 12-month renewal periods 2 21. Resolution awarding contract to Ames Trenching and Excavating of Ames, Iowa, for Emergency Utility Repair and Other Services for various City Departments from date of award to April 1, 2023 22. Purchase of Electric Meters: a. Resolution approving renewal of contract with Vision Metering of York, South Carolina, for purchase of electric meters in Groups 1, 3, and 4, in accordance with unit prices bid b. Resolution approving renewal of contract with VanWert Company of Grundy Center, Iowa, for purchase of electric meters in Groups 2, 5, and 6 in accordance with unit prices bid c. Resolution authorizing staff to purchase electric meters from the contracts listed above as needed, with payments based on unit prices bid and actual quantities ordered, plus applicable sales taxes, in a total amount not to exceed $119,579 23. Resolution approving contract renewal for supplying diesel fuel to the City’s gas turbine units to Diamond Oil Company, Inc., of Des Moines, Iowa, in an amount not to exceed $300,000 24. Asbestos Maintenance Services for the Power Plant: a. Resolution approving renewal of contract with Earth Services & Abatement, LLC, of Des Moines, Iowa, from July 1, 2022, through June 30, 2023, in an amount not to exceed $150,000 b. Resolution approving Performance Bond 25. Resolution approving contract and bond for 2022/23 Right-of-Way Restoration 26. Resolution accepting completion of contract with Henkel Construction Company of Mason City, Iowa, for Unit 8 Precipitator Roof Replacement 27. Resolution accepting completion of public improvements and reducing security for Hayden’s Crossing, 2nd Addition 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. ADMINISTRATION: 28. Resolution confirming appointment of members to the Ames Resident Police Advisory Committee 29. Discussion on “Cyclone Welcome Weekend” PLANNING & HOUSING: 30. Request regarding Ames Plan 2040 Amendment within the Fringe Area for the Brock Property located at 2359-210th Street in Boone County 31. Ames Urban Fringe Plan 28E Agreement: a. Resolution approving amendment to the 28E Agreement, modifying the expiration date to November 2, 2022; requesting that Story County and Gilbert also approve the Agreement to extend the 28E Agreement; and submitting the signed Agreement to the Iowa Secretary of State by August 10, 2022 32. Resolution amending Downtown Facade Grant Program 3 WATER & POLLUTION CONTROL: 33. Resolution approving Professional Services Agreement with Strand Associates of Madison, Wisconsin, for WPC Nutrient Modifications Phase I Project in a lump sum of $1,655,000 plus on-call services at staff’s direction billed on an hourly basis not to exceed $20,000 PUBLIC WORKS: 34. Resolution renewing Fixed Base Operator Management Contract with Central Iowa Air Service at the Ames Municipal Airport HEARINGS: 35. Hearing on Long-Term Private Hangar Leases at Ames Municipal Airport:: a. Resolution approving long-term land leases for five private hangars covering five, five-year periods, effective July 1, 2022, through June 30, 2047, for: i. Ames Hangar Club ii. Brian Aukes iii. Plane Crazy, LLC iv. Linda A. Sommerfeld v. Viking Aviation 36. Hearing on Rezoning, with Master Plan, 798-500th Street from “A” (Agricultural) to “FS-RL” (Floating Suburban Residential Low Density): Additional Item: Resolution approving Contract Rezoning Agreement for Adoption of the Master Plan a. First passage of ordinance 37. Hearing on proposed amendment to Zoning Ordinance Section 19.809 regarding Campustown Service Center (CSC) requirements regarding clay brick (Continued from June 21, 2022): a. First passage of ordinance 38. 2021/22 Clear Water Diversion: a. Resolution approving final plans and specifications and awarding contract to Ames Trenching of Ames, Iowa, in the amount of $94,500 39. 2017/18 Low Point Drainage Improvement - Almond Road (GW Carver Avenue & Bloomington Road): a. Resolution approving final plans and specifications and awarding contract to Ames Trenching of Ames, Iowa, in the amount of $98,415 40. 2020/21 Shared Use Path System Expansion - Vet Med Trail (S. 16th Street to S. Grand Avenue): a. Resolution approving final plans and specifications and awarding contract to Jasper Construction Services, Inc., of Newton, Iowa, in the amount of $333,928.60, contingent upon receipt of Iowa DOT concurrence 41. 2020/21 and 2021/22 Intelligent Transportation System Program (Phases 1 & 2): a. Motion to accept the Report of Bids and delay award until a future date within 30 days of the Iowa DOT letting date (6-21-2022) 42. Old Water Treatment Plant Demolition: a. Resolution approving final plans and specifications and awarding contract to LinnCo, Inc., of Sartell, Minnesota, in the amount of $2,398,000 b. Resolution approving Change Order No. 1 to the Professional Services Agreement with 4 Strand Engineering of Madison, Wisconsin, for additional construction phase engineering services for the Old Water Treatment Plant Demolition Project in an additional amount not to exceed $119,700 ORDINANCES: 43. Iowa State University Representative on Transit Board: a. First reading of ordinance (Second and third readings and adoption requested) 44. Second passage of ordinance rezoning 3005 - 3125 Grove Avenue and 3209 Duff Avenue from Residential High Density (RH) to Residential Medium Density (RM): 45. Third passage and adoption of ORDINANCE NO. 4468 for Zoning Text Amendment to remove the Campustown Service Center (CSC) Zoning District mid-block 20-foot setback standard along Lincoln Way 46. Third passage and adoption of ORDINANCE NO. 4469 Modifying Chapter 18 of the Municipal Code for parking changes to various locations DISPOSITION OF COMMUNICATIONS TO COUNCIL: COUNCIL COMMENTS: ADJOURNMENT: 5 • 2021 ANNUAL REPORT AMES HUMAN RELATIONS COMMISSION Item No. 1 1 AMES HUMAN RELATIONS COMMISSION THE AMES HUMAN RELATIONS COMMISSION'S (AHRC) PURPOSE IS TO STUDY THE EXISTENCE OF DISCRIMINATION IN THE COMMUNITY AND WORK TO MINIMIZE OR ELIMINATE IT, PROMOTE GOODWILL AMONG THE VARIOUS RACIAL, RELIGIOUS, AND ETHNIC GROUPS IN THE CITY, AND COOPERATE WITH OTHER ORGANIZATIONS TO DEVELOP PROGRAMS DESIGNED TO ELIMINATE RACIAL, RELIGIOUS, CULTURAL, AND INTERGROUP TENSIONS. CITY OF AMES MUNICIPAL CODE, CHAPTER 14: The purpose of this chapter is to implement the provision of the Iowa Civil Rights Act and to further provide for the general welfare of persons in the City of Ames, Iowa, by prohibiting certain discriminatory practices, and to establish a commission for the investigation of complaints of discrimination; and, to undertake projects of education to prevent discrimination; and, to establish procedures for the conciliation of such complaints; and to enforce the provisions hereof. At an August 2018 City Council workshop, Council members directed AHRC to not adjudicate cases and instead refer all cases to the Iowa Civil Rights Commission (ICRC). At this workshop, Council also discussed various methods of gathering additional information to inform an adjusted or revised ordinance and directed AHRC to review data available (including the Campus Climate Survey, Municipal Equality Indexes) and other available data; interact with ISU, ACSD, and any others well-positioned to give input on diversity, inclusion and equity in the community in order to recommend action items and changes to the ordinance. 2021 AHRC COMMISSIONERS: In addition to new members of AHRC in 2021, diversified efforts in alignment with the strategic plan were pursued. While still navigating the impacts of COVID-19, the AHRC found ways to do the meaningful work set forth by the City Council, specifically around awareness and representation. • Chunhui Chen (appointed July 2021) • Jill Crosser, Chair (January 2021-March 2021) • Wayne Clinton, Vice Chair • Leslie Ginder (October 2020-June 2021) • Jahmai Fisher, Chair (appointed April 2021) • Lynette Plander (appointed June 2021) • Madesh Samanu • Deb Schildroth, City of Ames Staff Liaison CONTENTS Ames Human Relations Commission (AHRC) Introduction and Purpose ……………page 1 2021 Activity Highlights ……………pages 2-4 Ames Civil Rights Complaints 2020 and 2021 ……………pages 4-11 2020-22 AHRC Strategic Plan …………..pages 12-14 2 ACTIVITY HIGHLIGHTS: JANUARY 2021: • Chair Jill Crosser presented the Humanitarian award to Charles Grim at the Dr. Martin Luther King Day Celebration at Ames City Auditorium. Vice Chair Wayne Clinton also served as keynote speaker for the celebration. FEBRUARY 2021: • Discuss diversifying strategies for “Home for Everyone” Award nominations publicity to increase submission numbers. Commission members commit to advertising award and nomination information on personal social media pages. Members also committed to personally emailing community members who they believe may know someone worthy of nomination. • 2020 Annual report draft was provided by Chair Jill Crosser for feedback. • Black History Month Highlights o Commissioner Jahmai Fisher partnered with Ames Public Library for Virtual Reading event celebrating black authors and literature. Fisher also presented at Ames High School Black History Month Mini Conference on February 26th. MARCH 2021: • Approved “A Home for Everyone” Award Recipients Tara Brown as an individual and Wings of Refuge as an organization. • Ames History Museum Downtown mural unveiling: Vice Chair Wayne Clinton spoke at the event and various commissioners came to show support and solidarity on March 29th. • Women’s History Month Highlights o Chair Jill Crosser collaborated with Ames History Museum to publicize “Women’s Familiar Names around Ames” via social media in honor of women who have contributed positively toward the Ames’ community throughout the years. APRIL 2021: • Commissioner Jahmai Fisher presented “Home for Everyone” Awards at Ames City Council virtual meeting on April 13th. • Commissioner Jahmai Fisher elected as Chair on April 15th. • AHRC agreed to support a Fair Housing Month Ad in collaboration with Housing Coordinator for the City of Ames, Vanessa Baker-Latimer. MAY 2021: • Created partnership with Ames Parks and Recreation’s music event involving The Reminders in Spring 2022. • Approved FY 2021/2022 AHRC Budget. JUNE 2021: • Participation in Ames Chamber of Commerce See Yourself in Ames Diversity, Equity & Inclusion Day on June 8th at Reiman Gardens. Chair Jahmai Fisher participated on a panel about Diversity, Equity & Inclusion in Ames. Commissioners Jahmai Fisher, Wayne Clinton and Madesh Samanu participated in a tabling event alongside other local organizations. • Chair Fisher begins as member of planning committee for Symposium on Building Inclusive Organizations 2021 • Welcome new AHRC Member, Lynette Plander at June 28th commission meeting. JULY 2021: • 2020 Annual Report Presentation and Joint Meeting with City Council was held on July 13th at 6:00 pm. Valuable feedback was given by City Council. Specifically around displaying data 3 provided about complaints submitted to Iowa Civil Rights Commission in a more longitudinal way to gain more comprehensive context and note annual fluctuations. • Mayor Haila attended commission meeting on July 22nd to discuss more about annual report. Discussion highlighted the commission’s role in educating the larger Ames community about the diverse populations within Ames and opportunities for the larger community to be involved and interact. • Approved FY 2021-22 Cooperative Agreement with Iowa Civil Rights Commission at July 22nd commission meeting. AUGUST 2021: • Commissioners attend National Night Out on August 3rd to connect with Ames community members and educate them about the role the commission plays within Ames. • Commissioners attend Welcome Fest at Iowa State University on August 25th to connect with students and educate them about the role the commission plays in the larger Ames community. • Created banner layout and other marketing materials in order to enhance the visibility for the commission as well as the AHRC mission. • On August 24th 2021, AHRC Commissioners assisted with the repainting of the inclusive crosswalk at Fifth Street and Douglas Avenue. • Develop plan to recognize upcoming heritage months. • Finalized plans to to recognize Latinx/Hispanic Heritage month. SEPTEMBER 2021: • Latinx/Hispanic Heritage Month Recognition (September 15- October 15): In honor of this month, the commission collaborated with 6 Latinx/Hispanic members of the Ames community. Photos of them were posted on The City of Ames social media over the span of 4 weeks. Each person shared what they love most about their culture. OCTOBER 2021: • Latinx/Hispanic Heritage Month Recognition (September 15-October 15): In honor of this month, the commission collaborated with 6 Latinx/Hispanic members of the Ames communit y. Photos of them were posted on The City of Ames social media over the span of 4 weeks. Each person shared what they love most about their culture. • On October 16, 2021 AHRC extended Happy Homecoming to Iowa State University community in continued efforts to encourage ISU (students especially) awareness of commission. • On October 22, 2021, the commission urged City of Ames community members to “Consider The Costume” through an infographic that was posted on The City of Ames Social Media. This infographic and post encouraged community members to consider the concept of cultural appropriation and how/why certain costumes can be harmful to specific cultural groups. The post also included ways to appreciate a particular culture without appropriating it. • Collaborated with Ames YWCA to promote the International Friendship Fair. • Began collaborating with Martin Luther King Jr. 2022 Celebration Event planning committee to promote the essay contest and Humanitarian Award. • Acknowledge Native American Heritage Month and provide education and resources for Hunger and Homelessness Awareness week in November. NOVEMBER 2021: • Commissioners attend 2021 Symposium on Building Inclusive Organizations on November 10th. • On November 15th a post was made on City of Ames social media platforms acknowledging Native American heritage month. • On November 19th a post was made on City of Ames social media platforms regarding Homelessness and Hunger Awareness, along with providing resources for members of the community who may be experiencing or know someone who is experiencing homelessness and/or hunger. 4 DECEMBER 2021: • The 2022 “Humanitarian” Award Recipients were selected: Anneke Mundel as an individual and The COVID-19 Emergency Fund for Story County immigrants as an organization. • Commissioner Dr. Chen discussed preliminary plans to recognize the 2022 Chinese New Year. AMES CIVIL RIGHT COMPLAINTS TO THE IOWA CIVIL RIGHTS COMMISSION 2021: Citizens are able to initiate complaints to the City via the City Manager’s Office or make them directly to the Iowa Civil Rights Commission (ICRC). As a matter of procedure, reports made to the City are sent to the ICRC for investigation and are tracked by the ICRC. Reports have been made to ICRC involving Ames of which the Ames Human Relations Commission is not notified. The Commission requested aggregate summaries of the Ames complaints made to the ICRC for the purpose of understanding the areas of complaints and concerns identified. Results of this request are provided below. Figures 1 &2. Discrimination Complaint Categories There was a total of thirty-six (36) complaints in 2020 to the ICRC which are grouped in the following four (4) categories: Employment, Education, Public Accommodation, Housing. As indicated on the chart below, the main areas of complaint included Employment (26 complaints), Public Accommodation (7 complaints), Education (2 complaints), and Housing (1 complaint). 2020 Discrimination Complaints Categories EMPLOYMENT EDUCATION PUBLIC ACCOMIDATION HOUSING 5 There was a total of twenty-seven complaints in 2021 to the ICRC which are grouped in the following four (4) areas: Employment, Education, Public Accommodation, Housing. As indicated on the chart below, the main areas of complaint included Employment (18 complaints), Public Accommodation (2 complaints), Education (2 complaints), and Housing (5 complaints). 2021 Figure Below: Notable Changes between 2020 and 2021 25% decrease in complaints overall. Employment remains the largest area with 18 complaints. Public Accommodation complaints decreased from 7 to 2 complaints. Housing complaints increased from 1 to 6 complaints. 6 Figures 3&4. Basis for Complaint (Consolidated) This graph illustrates the basis for the complaint areas on Figure 1. The categories are: Religion, Gender Identity, Retaliation, National Origin, Age, Disability, Sex, Race/Color, Sexual Orientation. Please note that individuals may file complaints in more than one area simultaneously. There was an increase in following categories from 2019’s data: Disability, Age, Retaliation. As indicated on the chart below, twenty-four (24) or 67% of the complaints were based on disability factors and fourteen (14) or 39% retaliation. 0 5 10 15 20 25 Sexual Orientation Race/Color Sex Disability Age Retaliation National Origin Retaliation Gender Identity 1 Religion 2020 Basis for Complaint (Consolidated) 7 This graph illustrates the basis for the complaint areas on Figure 2. The categories are: Religion, Gender Identity, Retaliation, National Origin, Age, Disability, Sex, Race/Color, Sexual Orientation. Please note that individuals may file complaints in more than one area simultaneously. 2021 Figure Below: Notable Changes between 2020 and 2021 Disability is now separated into mental disability and physical disability. Disability (in general, when combined) remains the largest basis for complaint factors (~45% of complaints). Race is the second largest basis for complaint factors. 8 Figures 5&6. Results of Complaints The following chart reviews the results of the complaints in 2020 given by the Iowa Civil Rights Commission. Fourteen (14) of these complaints received administrative closure, one (1) was deemed “No Probable Cause”, twelve (12) are Under Open Investigation, five (5) issued a Right-to-Sue letter, two (2) Satisfactory Adjustment and two (2) were Withdrawn. 0 2 4 6 8 10 12 14 Administrative Closure Satisfactory Adjustment Right to Sue Withdrawal Open No Probable Cause 2020 Results of Complaints 9 The following chart reviews the results of the complaints in 2021 given by the Iowa Civil Rights Commission. Fourteen (14) of these complaints received administrative closure, one (1) was deemed “No Probable Cause”, eight (8) are Under Open Investigation, one (1) issued a Right-to-Sue letter, one (1) Satisfactory Adjustment, one (1) was Withdrawn and one (1) was deemed Failure to Cooperate/Administrative Closure. 2021 Figure Below: Summary: There was an overall decrease in complaints between 2020 to 2021. In 2021, of the twenty-seven (27) complaints, the majority were in the areas of employment and housing. Of all the complaints filed, the basis for complaints were primarily mental disability, physical disability, and/or race. 10 AMES COMPLAINTS – (JANUARY 2021 – DECEMBER 2021) (Full 2021 Information shared by Iowa Civil Rights Commission) Area Basis Cause of Action Result Employment Race (Black), Color, Sex (Male), Age (<40), Retaliation Harassment, Constructive Discharge AC (Administrative Closure) Housing Mental Disability Reasonable Accommodation, Terms and conditions, Harassment, Eviction Open Employment Race (Black), Sex (Female), Color, Age (<40), Gender Identity Harassment AC (Administrative Closure) Employment Mental Disability Denied Accommodation, Discipline, Harassment, Discharge AC (Administrative Closure) Employment Sex (Female), Physical Disability, Retaliation Discipline, Training, Harassment, Reduced Hours, Sexual Harassment, Suspension AC (Administrative Closure) Housing Mental Disability Harassment AC (Administrative Closure) Employment Age (>40) Discharge AC (Administrative Closure) Housing Physical Disability, Religion Harassment, Terms and Conditions Satisfactory Adjustment (Mediation) Employment Sex (Female), Pregnancy, Race (Other) Discipline, Harassment, Discharge AC (Administrative Closure) Employment Physical Disability, Retaliation Benefits, Denied Accommodation, Harassment, Reduced Hours, Reduced Pay, Sexual Harassment Withdrawal w/Satisfactory Adjustment Employment & Education Mental Disability Harassment, Discharge AC (Administrative Closure) Housing Race (Black) Harassment, Constructive Eviction No Probable Cause Employment Race (White), Sex (Female), National Origin (Other), Age (<40), Mental Disability, Retaliation Failure to Promote, Discharge AC (Administrative Closure) Employment Race (White), National Origin (Other), Age (<40), Retaliation Discipline, Harassment AC (Administrative Closure) Employment National Origin (Other), Mental Disability, Retaliation Denied Accommodation, Discharge, Hiring AC (Administrative Closure) Employment & Education Sex (Female), Age (<40), Retaliation Assignment, Harassment, Sexual Harassment, Reduced Hours AC (Administrative Closure) Employment Race (Black), Color, Retaliation Suspension, Discharge Open Employment Race (Black), Color, Age (>40) Failure to Promote, Discharge AC (Administrative Closure) Public Accommodation Physical Disability, Religion (Other) Service Failure to Cooperate/ AC 11 Employment Sex (Female) Pay Comparability Right-to-sue Employment Mental Disability, Age (<40) Denied Accommodation, Suspension Open Employment Religion (Other), Retaliation Denied Accommodation, Discharge Open Housing Physical Disability, Mental Disability Discriminatory Lending Open Employment Race (Other), National Origin (Mexican), Retaliation Discharge, Harassment AC (Administrative Closure) Employment Physical Disability, Mental Disability Assignment, Denied Accommodation, Discipline, Harassment Open Employment Sex (Male, Sexual Orientation (Heterosexual), Retaliation Harassment, Sexual Harassment, Constructive Discharge Open Public Accommodation Race (Black), Color Service Open 12 AMES HUMAN RELATIONS COMMISSION 2020-22 STRATEGIC PLAN Strategic Goal A – Advocacy The Ames Human Relations Commission (AHRC) values a diverse, equitable, and inclusive community and will function as an advocacy group for the citizens of the City of Ames. The Commission will undertake activities to discover, conduct analysis on, and circumvent instances that may lead to prohibited discrimination so that the community can be warned and assisted in preventing it. Commission members will be active participants in the City, will develop and follow a protocol to handle discriminatory incidents in the community, and will report and make recommendations directly to the City Council to ensure all voices are heard. Strategic Goal B – Information & Analysis The Ames Human Relations Commission (AHRC) will study the existence, character, causes and extent of discriminatory practices in the community while using resources to gain information and work with community partners, leaders, and report directly to the City Council. OBJECTIVE 1: AHRC will maintain objective knowledge related to claims of discrimination. • AHRC will work directly with the Iowa Civil Right Commission and will collaborate annually with a representative to better understand the complaint process. • AHRC will obtain and review reports from the Iowa Civil Rights Commission on claims of discrimination in relation to types and probable cause. • AHRC will obtain and review reports from the ICRC on types of claims made locally in writing, or on the website and report of Discriminatory Claims to the City, and any concerns expressed to HumanRelations@cityofames.org. • AHRC will obtain and review formal and informal reports that will be used to determine priority areas of focus and will share with City Council and community leaders as needed. OBJECTIVE 2: AHRC will partner with City and Community members to learn about discrimination and how to decrease the risk. • AHRC will partner with community employers and human resource specialists to identify concerns and opportunities for non-discriminatory workplace cultures as needed. • AHRC will summarize and share qualitative and quantitative findings with City Council relating to claims of discrimination. • AHRC will work with the City to identify public reporting related to inclusion and anti-discriminatory practices. OBJECTIVE 3: AHRC will identify opportunities for obtaining information related to community member perceptions and experiences in relation to housing, employment, public accommodation, race and ethnic minority, gender identify, religion, age, gender, sexual orientation, physical or mental disability, or familial status. • AHRC will reach out to community partners or populations to identify concerns or successes in the areas mentioned above. • AHRC will collect and summarize findings to be used for future planning, i.e. Community Demographics, CyRide or City Surveys. 13 OBJECTIVE 4: AHRC will be an active presence in providing community education and deterring discrimination. • AHRC will increase engagement and community interactions. • AHRC will monitor and report contacts or participation in relation to social media and public engagement activities. Strategic Goal C – Public Awareness & Effective Communication The Ames Human Relations Commission strives to be a central location for the citizens of the City of Ames to advocate for, build awareness of, and communicate with. Commission members will connect with their community through public awareness and effective communication members. Objective 1: AHRC will work to improve effectiveness in communicating with the general public through media outlets • AHRC will increase engagement, community interactions and raise public awareness of the Commission’s work by expanding media outreach. • AHRC will provide educational press releases on topics related to housing, employment, education/training, public accommodations or services, credit, and other topics to the city of Ames Facebook page, and other media outlets regularly. • AHRC will administer communication with the press following discriminatory incidents in the Ames community as determined by the commission. • AHRC will monitor and report contacts or participation in relation to social media and public engagement activities. Objective 2: AHRC will maintain an active presence in the Ames community • AHRC will be active in the community and have commissioners attend events listed in the Commission’s annual calendar with visible identification (t-shirt, name tag). • AHRC will co-sponsor community events with aligned organizations and individuals throughout the city. • AHRC will provide and update the annual calendar of events online. • AHRC will raise public awareness of community organizations, activities, and individuals that exemplify inclusivity and a nondiscriminatory approach. Members will be present at annual awarding the Humanitarian award (January-Dr. Martin Luther King Jr. Day Holiday) and Fair Housing Award (April at City Council). Objective 3: AHRC will keep all documentation related to its mission current, easy to navigate, assessable, and with person first language • AHRC will create link to educational pieces and resolutions, Iowa Civil Rights Commission documents, etc. from the website to improve access to publications and dissemination of information for all persons. • AHRC will provide translated bolded/large print directions (in Spanish, Chinese, Arabic, and Korean) on (a) how to translate the web contents on the City site; (b) how to file a complaint; (c) how to access interpretation for other City services. • AHRC will provide translated bolded/large print directions (in Spanish, Chinese, Arabic, and Korean) on how to obtain interpretive services for assistance in understanding discrimination laws and filing complaints on all AHRC Documents. • AHRC will provide a link to Iowa Civil Rights Commission Complaint Form directions in Spanish and Chinese. AHRC will also provide information on how to obtain it in other languages and formats. 14 • AHRC will improve communication with transgender, gender-nonconforming, and gender questioning persons within the Ames community and will assist in the revision of all City website and brochures to include gender neutral language by removing his/her language from AHRC-specific literature. Strategic Goal D – Management Excellence The Ames Human Relations Commission will ethically work towards this strategic plan for the betterment of our community in an ethical and fiscally responsible way. Objective 1: AHRC will strive to keep this strategic plan at the forefront of all its decisions and activities and within our areas of focus and expertise • AHRC’s monthly meeting agenda will reflect the strategic plan by indicating a section for each strategic goal and all the council’s priorities will feed each section. • AHRC Commission Members will work with community partners who specialize in areas of expertise. • AHRC Commission members will represent the AHRC with respect, recognize and celebrate the strength of the City of Ames’ greatest asset, the value of all people, via diversity and inclusion. They will be respectful of opinions, customs, and individual preferences to help build strong relationships. Objective 2: AHRC will manage the annual budget in a fiscally responsible manner • AHRC will strive to effectively spend the budgeted monies from the Ames City Council responsibly. Monies allocated for the Commission should only be used in ways what advance these strategic goals. • AHRC will describe the ways in which its monies were used and in what ways its use advanced the goals described above in the annual report. 1 ITEM # ____2___ DATE 06-28-22 COUNCIL ACTION FORM SUBJECT: COOPERATIVE AGREEMENT BETWEEN AMES HUMAN RELATIONS COMMISSION AND IOWA CIVIL RIGHTS COMMISSION BACKGROUND: The City has regularly contracted with the Iowa Civil Rights Commission (ICRC) to manage the intake and resolution of civil rights complaints. Under this agreement, ICRC actually pays the City an amount for each case it handles. The agreement allows the City to use these resources to assist complainants with obtaining and filling out complaint forms and ensuring they are complete and valid. The agreement also provides for the City to handle the resolution of comp laints, including the investigation and conclusion of the cases. Neither participating in the intake process or in the investigation process is mandatory under the cooperative agreement. It simply provides a procedure if the City wishes to perform either of these functions. ICRC has presented a new agreement for the fiscal year ending June 30, 2023 and it has been reviewed and signed by the Ames Human Relations Commission Chair. ALTERNATIVES: 1. Approve the cooperative agreement between the Ames Human Relations Commission and Iowa Civil Rights Commission. 2. Do not approve the agreement. CITY MANAGER’S RECOMMENDED ACTION: This agreement formalizes the mechanism that may be used by the City to transfer civil rights complaints to the Iowa Civil Rights Commission for investigation. ICRC will compensate the City for acting as the intake agent under this agreement. The City and ICRC have maintained this arrangement for several years. Transferring this time- consuming investigation responsibility to the ICRC will allow the Ames Human Relations Commission more time to devote to proactive educational projects in the community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM #: __1__ Staff Report AMES WATER AND NEW PFAS STANDARDS June 28, 2022 BACKGROUND: In January, staff provided Council with a briefing on some preliminary testing performed by the Iowa Department of Natural Resources (IDNR) on a selected few wells in Ames. The IDNR was (and still is) undertaking a statewide sampling initiative looking to determine the prevalence of a class of chemicals known as Per-and Polyfluoroalkyl Substances, commonly referred to by the acronym “PFAS.” This is a huge class of manmade compounds that includes more than 5,000 individual chemicals. PFAS compounds have been extensively used for more than 70 years in applications such as: non-stick coatings; stain-resistant carpeting; water-repelling clothing and fabrics; paper packaging for food; metal plating operations; and, in aqueous fire - fighting foams (AFFF’s). There is emerging scientific data indicating that in small concentrations, PFAS can pose a health risk. In 2016, the U.S. EPA issued a lifetime Health Advisory (HA) for two specific PFAS compounds: PFOA and PFOS. The 2016 advisory stated that the summed conc entration of those two compounds in drinking water consumed over a lifetime should not exceed 70 parts per trillion (ppt). On June 15, 2022, the US EPA stunned the drinking water profession by releasing revised health advisory levels for these two chemica ls, and issued new health advisories for two additional chemicals, PFBS and HFPA. The fact that EPA issued new advisories wasn’t a surprise; it was the staggering degree by which they lowered the PFOA and PFOS standards. Now, PFOA has a HA level of 0.004 ppt (or, 4 parts per quadrillion!), and PFOS has a HA level of 0.0202 ppt (20 parts per quadrillion). The finished (fully treated) drinking water in Ames was tested for these and 21 other PFAS chemicals on four separate occasions between December 2021 and April 2022. The drinking water in Ames exceeds the Health Advisory Levels for two chemicals, PFOA and PFOS. The average values of the four chemicals covered by the Health Advisory are shown in the table that follows. It is both important and challenging to note that EPA’s Health Advisories are non - regulatory, non-enforceable numbers. They do not carry the same obligations as a formal Maximum Contaminant Level (MCL) or mandatory Treatment Technique (TT). Those regulatory standards will follow in the next few years. However, that is an exceedingly difficult and confusing message to convey to consumers, and the U.S. EPA has provided very little in suggested messaging. 2 Chemical Ames Drinking Water (Avg Dec ’21 – Apr ’22) Old EPA Health Advisory New EPA Health Advisory Perfluorooctanoic acid (PFOA) 2.2 ppt 70 ppt 0.004 ppt Perfluorooctane sulfonate (PFOS) 4.6 ppt 70 ppt 0.02 ppt Perfluorobutane sulfonate (PFBS) 1.3 ppt None 2,000 ppt Hexafluoropropylene oxide (HFPO or GenX) Not detected None 10 ppt Even before this dramatic lowering of the HA’s for PFOA and PFOS, the Ames Water Plant was already acting. These actions are all a part of our commitment to be “the most transparent utility in Iowa” when it comes to PFAS. Response 1: Posting All Results Online. In January, we created a PFAS-specific page on the City’s webpage with a table showing every PFAS chemical detected; not just in our finished water, but in each individual well. We also included PFAS background materials and a substantial FAQ section. We have continued to update that page, including a substantial revision last week based on the June 15, 2022, EPA actions. The page was created with a “friendly URL” to make it easy for us to share and for customers to remember. www.cityofames.org/pfas Response 2: Full and Complete Testing of All Wells. The IDNR testing in December only looked at the wells that the IDNR felt had the highest potential to contain PFAS compounds. City staff wanted a more complete picture, and initiated a series of sampling events to test all 22 of our wells. Since not all wells are running simultaneously, the sampling took place on three different days in March and April 2022. Staff also took the opportunity to test the finished (fully treated) drinking water on each of those sampling days. The full results of all detected compounds are included on our webpage. Response 3: Source Characterization. Staff has contracted with Iowa State University to perform a complete source water characterization. The work will be performed by Dr. Joe Charbonnet and Master’s student Daria Dilparic. Daria is also a student operator at the Water Plant, and her in-depth knowledge of our sources and treatment process m ake her an ideal investigator. The research has three goals: 1. Characterize PFAS profiles in each well, 2. Systematic comparison of PFAS fingerprints with known source profiles. (Sources of environmental PFAS often have known chemical profiles which reflect the way they were manufactured, distance in time and space from the source to the sampling point, and intended use of the PFAS compounds detected. The research will compare the PFAS fingerprints of each 3 well to those of candidate PFAS sources), and 3. Create a visual representation of the wells and their PFAS fingerprints alongside candidate point sources of contamination. This research that will be performed over the next 18 months may potentially allow the determination of likely geographical sources of contamination. Response 4: Restricted Use of Well 17. Water Plant staff have made the decision to halt the use of Well #17 indefinitely. It would still be available in the event of an emergency, but as a matter of routine operations, it will not be used. This is significant proactive measure, because our testing revealed that when Well 17 is taken out of service the summed total of PFOA+PFOS in the drinking water decreases by 75%. While this was an easy way to make a dramatic reduction in PFAS concentrations, it has ramifications in terms of the utility’s developed source water capacity. Well 17 has a capacity of around 700,000 gallons per day. The new wellfield project that will hopefully begin construction later this year will have a capacity of roughly 2.6 million gallons per day and was intended to provide a combination of new capacity and re placement capacity as older wells fail. The loss of Well 17 immediately reduces the net gain from the new well field project. Response 5: Investigation into Potential Treatment Alternatives. With the release of the new Health Advisory levels, staff from the Ames Water Plant have reached out to FOX Strand, a local engineering firm, for assistance in preparing a very high -level review of treatment options for the Ames Water Plant. There is no intention to initiate any modifications at this time, as the final regulatory limits are still at least two years away. But having this information allows us as a community to understand the cost implications, and the technology limitations, of attempting to achieve the Health Advisory levels as they exist today. To put these new Health Advisory levels in perspective, they can be compared against other, more familiar, contaminants. The HA level for PFOA is 500,000 times lower than the Maximum Contaminant Level for mercury, 2,500,000 times lower than the Maximum Contaminant Level for arsenic, and 25,000,000 times lower than the Maximum Contaminant Level for chromium. MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JUNE 14, 2022 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on June 14, 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, and Anita Rollins. Ex officio Member Bryce Garman was also present. City Council Member Rachel Junck was absent. Council Member Amber Corrieri arrived at 6.39 p.m. Mayor Haila stated that on the Consent Agenda Item No.23: Approving preliminary plans and specifications for Story County Edge of Field Project; setting July 13, 2022, as bid due date and July 27, 2022, as date of public hearing needed the bid due date changed to July 26, 2022. He then mentioned that staff had requested to pull Item 49: Resolution awarding contract to WESCO Distribution of Des Moines, Iowa, purchase of Electric Services Transformers. CONSENT AGENDA: Moved by Beatty-Hansen, seconded by Betcher, to approve the following items on the Consent Agenda. 1.Motion approving payment of claims 2.Motion approving the Regular Minutes of May 24, 2022 3.Motion approving Report of Change Orders for period May 16 - May 31, 2022 4.Motion certifying Civil Service candidates 5.Motion approving new Class C Liquor License with Sunday Sales - 313 Bar, 115-5th Street 6.Motion approving ownership update for Special Class C Liquor License with Outdoor Service and Sunday Sales - Northcrest, Inc., 1801-20th Street 7.Motion approving new 6-month Class B Beer Permit with Sunday Service - Mongolian Buffet, 1620 South Kellogg Avenue 8.Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses: a.Class C Liquor License with Catering Privilege & Sunday Sales - Iowa State @ Fisher Theater, Pending Dram Shop Insurance b.Class C Liquor License with Catering Privilege & Sunday Sales - Iowa State @ Scheman Building, Pending Dram Shop Insurance c.Class C Liquor License with Catering Privilege & Sunday Sales - Texas Roadhouse, 519 South Duff Avenue d.Class B Liquor License, Class B Wine Permit, Catering Privilege, Sunday Sales, & Outdoor Service - Courtyard by Marriott Ames e.Class C Liquor License with Catering Privilege & Sunday Sales - Jethro’s BBQ, 1301 Buckeye Avenue, Pending Dram Shop Insurance f.Special Class C Liquor License with Outdoor Service and Sunday Sales - Burgies North Ames, 3701 Stange Road g.Special Class C Liquor License with Outdoor Service and Sunday Sales - Northcrest Inc., 1801-20th Street 9.Motion approving request from Ames Convention & Visitors Bureau for Fireworks Permit for display from ISU Parking Lot G10 East of Jack Trice Stadium at 10:00 p.m. on July 3, 2022 for Independence Day Celebration. 10.RESOLUTION NO. 22-287 approving Pay Plan for FY 2022-23 11.RESOLUTION NO. 22-288 approving FY 2022/23 Outside Funding Contracts 12.RESOLUTION NO. 22-289 setting June 28, 2022, as date of public hearing for the long-term private hangar land leases at the Ames Municipal Airport 13.RESOLUTION NO. 22-290 approving The Bridge Home’s request to reallocate the City’s FY 2021/22 ASSET Contract by reallocating $12,393 from Emergency Shelter and $2,088 from Rapid Rehousing/Service Coordination to Transitional Living 14.RESOLUTION NO. 22-291 approving additional funding for Mental Health First Aid training provided during the FY 2021/22 Mental Health Wellness, Recovery, and Resiliency Initiative in the amount of $421 from Council Contingency 15.RESOLUTION NO. 22-292 approving Police Department’s application to and participation in the Department of Justice Office of Justice Programs Bulletproof Vest Partnership Program 16.RESOLUTION NO. 22-293 delegating to staff the authority to temporarily close University Boulevard as needed to facilitate the completion of the ISU Pedestrian Bridge project 17.RESOLUTION NO. 22-294 approving Memorandum of Understanding with International Union of Operating Engineers (IUOE) Local 234 for CyRide Standby and Shift Premiums for on-call shifts 18.RESOLUTION NO. 22-295 approving contract renewal with Wellmark for administrative services, specific and aggregate excess insurance, and access fees for health insurance benefits effective July 1, 2022, through June 30, 2023 19.RESOLUTION NO. 22-296 approving renewal of property insurance program coverage with Willis of Greater Kansas, Inc., for FY 2022/23 at the combined quoted premium of $929,842 20.RESOLUTION NO. 22-297 accepting quote and approving renewal of City’s membership in the Iowa Communities Assurance Pool (ICAP) for certain casualty and liability coverages at a net cost not to exceed $690,611 21.Purchase of Public Safety Software Maintenance: a.RESOLUTION NO. 22-298 waiving formal bidding requirements b.R RESOLUTION NO. 22-299 approving contract with Superion, LLC, a CentralSquare Company, of Lake Mary, Florida, in the amount of $201,515.44 22.RESOLUTION NO. 22-300 approving preliminary plans and specifications for Water Plant Five-Year Well Rehabilitation Project; setting July 13, 2022, as bid due date and July 26, 2022, as date of public hearing 23.RESOLUTION NO. 22-301 approving preliminary plans and specifications for Story County Edge of Field Project; setting July 13, 2022, as bid due date and July 26, 2022, as date of public hearing 24.RESOLUTION NO. 22-302 approving preliminary plans and specifications for Power Plant Boiler Maintenance Services Contract; setting July 13, 2022, as bid due date and July 26, 2022, as date of public hearing 25.RESOLUTION NO. 22-303 approving preliminary plans and specifications for Boiler Tube Spray Coating and Related Services and Supplies Contract; setting July 13, 2022, as bid due date and July 26, 2022, as date of public hearing 2 26.RESOLUTION NO. 22-304 approving Iowa Department of Transportation (IDOT) Funding Agreement for Transportation Alternatives Program (TAP) funding for the 2021/22 Shared Use Path System Expansion (Ioway Creek) 27.RESOLUTION NO. 22-305 awarding contract to Renewable Energy Group of Ames, Iowa, to provide and deliver fuel to Cy-Ride from July 1, 2022, through June 30, 2023 28.RESOLUTION NO. 22-306 awarding contract to Van Wall Equipment Co., of Nevada, Iowa, for the purchase of one 2022 JD Gator 2020A with HD 300 Sprayer for Homewood Golf Course in the amount of $57,852.71 29.Electric Utility Poles: a.RESOLUTION NO. 22-307 awarding contract to Bell Lumber & Pole Company, of New Brighton, Minnesota, for Electric Utility Poles for Electric Services in accordance with unit prices bid b.RESOLUTION NO. 22-308 authorizing purchases up to $50,000 30.RESOLUTION NO. 22-309 awarding contract to Wright Tree Services of Des Moines, Iowa, for 2022/23 Electric Distribution Line Clearance Program for hourly rates and unit prices bid, in an amount not to exceed $357,799, subject to receipt of performance bond 31.RESOLUTION NO. 22-310 awarding contract to Burns & McDonnell of Kansas City, Missouri, for Professional Services for Power Plant Fire Risk Mitigation in an amount not to exceed $50,000 32.RESOLUTION NO. 22-311 awarding contract for purchase of pebble lime for Water Plant to Graymont Western Lime, Inc., of West Bend, Wisconsin, in the amount of $225.00/ton for FY 2022/23 33.Power Plant Specialized Wet Dry Vacuum, Hydro Blast, and Related Cleaning Services: a.RESOLUTION NO. 22-312 approving contract renewal with HTH Companies, Inc., of Union, Missouri, from July 1, 2022, through June 30,2023 for hourly rates and unit prices bid, in an amount not to exceed $285,000 b.RESOLUTION NO. 22- 313 approving Performance Bond 34.Scaffolding and Related Services and Supply Contract for Power Plant: a.RESOLUTION NO. 22-314 approving contract renewal with HTH Companies, Inc., of Union, Missouri, from July 1, 2022, through June 30, 2023, in the amount of $65,000 b.RESOLUTION NO. 22-315 approving Performance Bond 35.Non-Asbestos Insulation and Related Services and Supply for Power Plant: a.RESOLUTION NO. 22-316 approving contract renewal with HTH Companies Inc., of Union, Missouri, from July 1, 2022, through June 30, 2022, in the amount of $150,000 b.RESOLUTION NO. 22-317 approving Performance Bond 36.Electrical Maintenance Services for Power Plant: a.RESOLUTION NO. 22-318 approving Contract renewal with Tri-City Electric Company of Iowa, of Davenport, Iowa, for Electrical Maintenance Services for Power Plant from July 1, 2022, through June 30, 2023, in the amount not-to-exceed $160,000 b.RESOLUTION NO. 22-319 approving Performance Bond 37.RESOLUTION NO. 22-320 approving Change Order No. 1 to CentralSquare Technologies, LLC, a CentralSquare Company, for an additional 156 days of on-premise software, used from July 1, 2021, to December 5, 2021, in the amount of $36,939.61 3 38.Water Treatment Plant Lime Sludge Disposal: a.RESOLUTION NO. 22-321 approving Change Order for FY 2021/22 Contract in a deduct amount of ($295,052.21) b.RESOLUTION NO. 22-322 accepting completion of Year Four (FY 2021/22) Lime Sludge Disposal Contract with Wulfekuhle Injection and Pumping, Inc., of New Vienna, Iowa, in the final amount of $86,847.79 c.RESOLUTION NO. 22-323 authorizing carry-over amount of $295,052.21 in the FY 2021/22 Operating Budget to FY 2022/23 Operating Budget d.RESOLUTION NO. 22-324 awarding Year Five (FY 2022/23) Lime Sludge Disposal Contract with Wulfekuhle Injection and Pumping, Inc., of New Vienna, Iowa, in the amount of $676,952.21 39.RESOLUTION NO. 22-325 approving partial completion of public improvements and reducing security for Quarry Estates Subdivision, 3rd Addition 40.RESOLUTION NO. 22-326 approving partial completion of public improvements and reducing security for Quarry Estates Subdivision, 4th Addition 41.RESOLUTION NO. 22-327 approving completion of public improvements and releasing security for Crane Farm, 2nd Addition Roll Call Vote: 4-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened Public Forum. Richard Deyo, 505-8th Street, #2, Ames, stated “You are better than God, you are better than Jesus, and you are better than I am.” This was something that he would tell the churches. He commented that he had gone to a number of churches, and the last church he went to told him he was a member for life, but six months later, he received a ban and bar letter stating that he was the reason people were not attending church. He stated he knew that there were a lot of people that didn’t give a “damn” about him. He noted that he had tried to participate in the Senior Variety Show, but it fell on a date that he couldn’t be there. Mr. Deyo would also like to attend a few other events, but he is unsure if he is able to attend since it is at City Hall. Council Member Gartin let Mr. Deyo know that there were many people in the community that valued him. Merlin Pfannkuch, 1424 Kellogg Avenue, stated he wanted to talk about the proposed hotel, apartments, office, and retail development along Lincoln Way between Kellogg Avenue and Clark Street. He felt it was disappointing how little the City has tried to get the public up to speed on this project. Mr. Pfannkuch noted that the Lincoln Way Development is complicated, but it is the biggest commercial project in the City of Ames since the North Grand Mall. He asked if it was because Mr. Schainker thought Mr. Winkleblack couldn’t get financing for the project; so why spend time discussing it. Mr. Pfannkuch tried to review how the project came into being, but to him it was similar to dropping two blocks of Downtown Des Moines along Lincoln Way. He understood that the Lincoln Way Corridor Plan identified the area as a prime place for a large project; however, the Lincoln Way/Downtown Gateway zoning discussions that were done four years ago were between the property owners in the area and the City. Mr. Pfannkuch said there was no participation by the 4 general public. He wanted to know what made the Council so certain that the public approved of a ten-story hotel and three other buildings of six or more stories along with two parking ramps. He commented that the people that he has spoken to have no idea about the Lincoln Way proposal. Mr. Pfannkuch stated that the City has been abysmal at providing information as there is little information on the City’s website and anyone would have to review the prior minutes to even attempt to understand what is going on. He suggested that many months be given to deciding on the Developer’s Agreement once Mr. Winkleblack submits a plan. He also asked to have the City Attorney outline all the steps that will be needed before a Developer’s Agreement could be signed. Mr. Pfannkuch asked for a special meeting to be held that explains the Lincoln Way Development to the public. He indicated that it was time to start thinking about what the City is going to get in return for the possible $30 million in Tax Increment Financing (TIF). Caitlyn Lien, 621 Carr Drive, Ames, stated she would be speaking about plastics. She is a member of the Ames Climate Action Team. She mentioned that if Ames were going to meet its 2030 and 2050 carbon emission reduction goals, the City needs to get moving. One area to focus on now would be the waste stream. Sustainable Solutions Group (SSG) and the Supplemental Input Committee (SIC) have identified the reduction of waste stream-related emissions as one of the six big action moves for the City to take. Specifically, the City’s handling of plastic waste. Ms. Lien stated that the Ames Climate Action Team asked for one or more of the following options to be initiated now: 1.As a condition of permits, require haulers to offer curbside recycle collection. 2.Sort plastics out of the waste stream at the Resource Recovery Plant. 3.Expand bid collection for #1 and #2 plastics, similar to the collecting glass program. She noted that there are a lot of opportunities in Ames, and the Climate Action Team would be happy to provide more in-depth materials on any of the points raised. Will Determan, 1008 Lincoln Way, Ames, said that he has noticed some issues with the sidewalks and paths in his neighborhood. A map of his neighborhood was given to the Council Members to review. He mentioned that there are three sidewalks on South 2nd Street and South 3rd Street that abruptly end in the middle of the block. On South Oak Avenue there are not any sidewalks for two blocks, which forces people to either walk in the grass or in the street. He explained that on South Oak Avenue in the northeast corner there is a tiny four-foot section of sidewalk that goes nowhere. Mr. Determan explained that this problem can be detrimental to people in wheelchairs or parents with strollers. He said that his neighborhood is a small piece of a bigger problem. He commented that he noticed the City of Ames has put a lot of focus on heavily traveled roads when it comes to sidewalks, and it makes sense; however, it doesn’t help the lower traffic residential areas. If the City of Ames is going to become a more walkable City, there needs to be more of a focus on where people are walking and less on where people are driving. He felt if the City made it easier to walk around, this would help give people more options of getting around than always using a car. He pointed out that not everyone owns or has access to a car. Mr. Determan noted that the City has great trails; however, it doesn’t give citizens more practical options for day-to-day activities. He encouraged everyone to walk around Ames to get a different perspective on what needs to be fixed. 5 Grant Olsen, 3812 Ontario Street, Ames, explained that high-voltage work is underway at the intersection of South 16th Street and South Duff in preparation for the reconstruction of the travel lanes. When pavement begins there will be times it will be unsafe to travel the shared use path. He said he was told by the lead engineer to expect two separate periods of disruption to the path, roughly 120 days this year and 130 days in 2023. During this time people in vehicles will continue to flow through the intersection; however, there is the potential for 250 days of disruption to the bicycle and pedestrian shared use path. The shared use path along Duff Avenue is a free-to-use connection for bicycle riders and pedestrians to move between South 16th Street and Billy Sunday Road. Mr. Olsen asked the Council to create a safe accommodation for pedestrians and bicycles during the South Duff Avenue trail disruptions. He suggested making CyRide Yellow Route #5 fare free for the duration of the trail disruptions. Mr. Olsen pointed out that accommodations are being made for people in vehicles, and he would like to see accommodations made for those whom walk or ride a bike. Natalie (last name unknown), 2517 Aspen Road, Ames, stated she wanted to advocate for better pedestrian safety in Somerset. She moved to the City of Ames about a year ago and what attracted her to the area was that it was “supposedly” pedestrian and bicycle friendly; however, she felt that was only true for the University area. She travels the intersection of Aspen Road and Stange Road almost every day and she always has to dodge cars. She felt that a button and flashing lights needed to be added to the intersection at either the Aspen and Stange intersection and/or the North Ridge and Stange intersections. The Mayor closed public forum when no one else came forward to speak. PROGRESS REPORT FROM SUSTAINABILITY COORDINATOR REGARDING FY 2021/22 ACTIVITIES: Merry Rankin, Sustainability Coordinator, stated the Council had already received a report on the various contract items. She highlighted a few items from the Report. Climate Action Planning: One of the big items that was discussed during FY 2022 was Climate Action Planning. She noted that there has been a lot of community engagement, community collaboration, and presentations to increase awareness, educate the community on the process, and how to get involved. Ms. Rankin stated that staff will be working with the Technical Assistance Team and evaluating all the strategies related to the “Six Big Moves.” Food Waste Diversion: Since the start of the Program, staff has been able to collect over 60 tons of material. The Food Waste Diversion number has more than doubled in the past five months as 17 tons have already been collected. The increased convenience of offering the 24/7, 365 drop-off has increased awareness of the Program, which has helped make the Program a success. Smart Business Challenge: There has been continued interest in this Challenge. There are currently 38 participants, with 26 of those being certified. Since the last report from Ms. Rankin there has been one new member join (Championship Productions), and one recertification (Green Hills). Ms. Rankin mentioned that they are currently rethinking the energy audit process and adding in considerations related to carbon reduction, energy reduction, and cost savings. Staff has been 6 working with the Iowa Energy Group and Championship Productions is serving as the pilot business for this service. Community Engagement: Earth Day Appreciation was done by doing a radio broadcast in partnership with KHOI. Staff does a monthly sustainability segment on KHOI. There have also been community presentations, events participation, and connections to sustainability resources and expertise. Rummage RAMPage: Event will be held on July 29, 2022, through August 6, 2022. Ms. Rankin noted that it looked like the City will be on track to have over 28 organizations volunteer to help. This year there are over 1500 volunteer hours available with over 420 volunteer positions, and a lot of the positions have been filled. Council Member Beatty-Hansen wanted to know about the Scope of Services in the Contract. She stated that the more bicycle/pedestrian friendly a City is there is less carbon emissions. She wanted to know what departments will be involved in the Bike/Pedestrian Master Plan and if Ms. Rankin would be involved. Public Works Director John Joiner said that the Technical Committee will be meeting, and they can add Ms. Rankin to the meetings. Ms. Rankin noted that it would fit in under Item 3 on the Scope of Services in the Agreement. Moved by Betcher, seconded by Beatty-Hansen, to accept the Report from the Sustainability Coordinator regarding the FY 2021/22 Activities. Vote on Motion: 4-0. Motion declared carried unanimously. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 22-328 approving a Contract with Iowa State University for Sustainability Advisory Services from July 1, 2022, through June 30, 2023, in an amount not to exceed $34,000. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FY 2022/23 ASSET CONTRACT FOR THE BRIDGE HOME: Assistant City Manager Deb Schildroth explained that, during the FY 2022/23 ASSET recommendation process in January 2022, the ASSET volunteers recommended sequestering all ASSET funding for The Bridge Home until clarification on services and budget responses could be ascertained by the ASSET Administrative Team. Since January, there have been several meetings involving ASSET Funder representatives, ASSET Administrative Team and volunteers, and The Bridge Home Executive Committee and staff to clarify emergency shelter services along with the need and capacity to provide those services; resolve budget questions, review service definitions, and discuss service delivery and related outcome measurements and data. The result of those meetings was an agreed-upon plan to move forward with regular communication about service needs in the community and the ASSET process and funding The Bridge Home services. Ms. Schildroth stated that with this Plan in place, the next step would be to unsequester FY 2022/23 funds and approve a contract for services. 7 Mayor Haila opened public comment. He closed public comment when no one came forward to speak. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 22-329 approving unsequestering FY 2022/23 ASSET funding in the amount of $144,202. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 22-330 approving the FY 2022/23 Contract for The Bridge Home in the amount of $144,202. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REQUEST FROM AMES NAACP FOR $1,000 FINANCIAL COMMITMENT TO THE 2022 AMES JUNETEENTH EVENT TO BE HELD ON SATURDAY, JUNE 18, AT THE BANDSHELL PARK: City Manager Steve Schainker stated the City received a request from Vern Hawkins, President of the Ames Branch of the NAACP, asking for a $1,000 contribution for the 2022 Juneteenth event scheduled for June 18, 2022, at the Bandshell. Normally, this request would appear in the Council’s Non-Agenda Packet and a decision would be made during Council Dispostions at a subsequent meeting whether to consider the request at a future meeting. However, because the event will be held prior to the next Council meeting on June 28, 2022, Mr. Schainker took the initiative and placed the request on this Agenda. It was noted that ISU and Story County, along with other for-profit and nonprofit entities, have committed funding for this event. Mr. Schainker asked the Council to decide if they wanted to finance the request or to not make a decision at this time, but to make sure a request was submitted during budget time. Council Member Corrieri arrived at 6:39 p.m. Council Member Betcher stated that given the fact that the Council did approve several other outside requests late this year, she didn’t have a problem approving this request. However, she hoped this event would be ongoing and would like to see future requests be submitted during the budget process. Council Member Gartin noted that the Council continues to get requests for funding from other causes, but there is a process that has been put in place. He had some hesitation about setting a precedent if this request was to be approved. He noted it had nothing to do with the event, just the process. Council Member Beatty-Hansen stated that she felt the request would be fine as it meets a Council goal, but next year will need to come in during the normal budget process. The Mayor indicated this year could be considered a transition period. Mr. Gartin noted that the Council had turned down other items this year because they were not received in a timely fashion. 8 The Mayor opened public input and closed it when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 22-331 approving the request from the Ames NAACP for a $1,000 financial commitment to the 2022 Ames Juneteenth Event to be held on Saturday, June 18, 2022, at Bandshell Park. Roll Call Vote: 3-1-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri. Voting Nay: Gartin. Abstaining due to Conflict of Interest: Rollins. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Betcher, to reach out to Ames Branch of the NAACP and ask that they apply during the fall for funding. Vote on Motion: 4-0-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin. Voting Nay: None. Abstaining due to Conflict of Interest: Rollins. MEMO REGARDING REVISING THE REQUIREMENT FOR IOWA STATE UNIVERSITY ON THE TRANSIT BOARD: City Attorney Mark Lambert mentioned that at the May 24, 2022, City Council meeting, the Council directed staff to prepare a memo regarding the request from ISU to change the City’s Transit Agency Ordinance to allow for an Iowa State University representative on the Transit Board to be someone other than a University Vice-President. Chapter 26A of the Ames Municipal Code establishes the Ames Transit Agency and Section 26A.3 establishes the qualifications and terms of office of the Transit Board Trustees. Because of administrative reorganization at ISU, ISU President Wintersteen has now appointed University Counsel Michael Norton to serve as a Transit Board Trustee, and ISU requested to change the Ordinance in order to allow Mr. Norton to serve as a Trustee. Mr. Lambert mentioned that City staff had engaged in discussions with Mr. Norton and raised concerns of the need for language assuring that a high-level ISU staff member is appointed to the Transit Board, so that the person could obtain authority on the spending/budgetary decisions. It was recommended that a change in the Ordinance to say that the Trustee from ISU “shall be a Vice-President of Iowa State University or an equivalent- level position” would be acceptable to accomplish the request. Council Member Betcher asked about the role of the Transit Board regarding the requested change. She wanted to know if the Transit Board discussed the recommended change. Council Member Beatty-Hansen stated no one had an opinion at the Transit Board meeting as it is a City Ordinance. Council Member Gartin asked what an equivalent position would be as it is not clearly defined; however, he would have to defer to ISU on whom they think would be an equivalent position. City Manager Schainker gave the history as to how the Transit Board was instituted. Council Member Rollins asked if the change would impact any contracts. It was indicated that it would not. Moved by Betcher, seconded by Gartin, to direct the City Attorney to draft an ordinance using the proposed language of “shall be a Vice-President of Iowa State University or an equivalent-level 9 position.” Vote on Motion: 5-0. Motion declared carried unanimously. Attorney Lambert said that staff would bring the Ordinance to the next City Council meeting and would ask to suspend the rules to adopt the ordinance in one meeting. 2516 LINCOLN WAY DEVELOPMENT PROJECT: Planning and Housing Director Kelly Diekmann indicated this item was originally brought forward in May 2022 as a draft form. It has now been edited and the City Attorney’s office has approved the Easement. Director Diekmann reminded the Council that there is a total of four properties that sit atop the box culvert. The property owner at 2516 had submitted a Minor Site Development Plan application for a two-story bar and restaurant to be constructed. The culvert conveys College Creek under the site as well as beneath the building at 122 Hayward Avenue. In order to develop over the property staff recommended the property owner enter into an Easement Agreement. The easement gives the ability to perform maintenance to the box culvert and the City has no liability for damage to the property. Council Member Betcher asked what condition the box culvert was in. Director Diekmann said that City staff and Public Works walked the culvert and deemed it to be in very good condition. The Mayor asked if staff would be reviewing the construction going over the culvert. Director Diekmann noted that it will go under Site Development review and the Building Permit review process. Moved by Gartin, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 22-332 approving a Storm Drain Easement (for the box culvert). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. STAFF REPORT ON REDUCED MEDICAL PARKING RATE: Planning and Housing Director Kelly Diekmann stated that this item was a referral request from Mary Greeley Medical Center. Mary Greeley Medical Center has plans to look at constructing a new surgery center, not in a hospital medical area. While reviewing the use, it was determined that the parking rate for medical uses was substantial at seven parking spaces per 1,000 feet of use. Mary Greeley Medical Center requested to change the rate to five parking spaces per 1,000 feet of use. Staff reviewed a sample of existing medical office building locations and determined that the only existing facility exceeding 50,000 square feet was the main McFarland Clinic. From staff’s assessment of parking conditions, it appeared that the higher level of required parking is not utilized. Staff is supportive of reducing the parking rate and ensuring definitions match current terminology. Council Member Betcher asked if the Council approved the five spaces per 1,000 feet would buildings that meet the current standard be able to expand on their sites. Director Diekmann commented that theoretically they could. 10 The Mayor opened public comment and closed it when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to reduce the rate for all medical office uses to four spaces per 1,000 square feet. Council Member Beatty-Hansen explained her rationale for the decrease is because she is in favor of lowering parking requirements. This would be for two reasons: there would be less concrete, and it would encourage people to bike and walk more. She pointed out that if a business wanted to provide more parking, it would not prohibit them from doing so. Council Member Betcher stated her concern was the hospital/medical zones that are within neighborhoods and stated she knows there are houses that live around the current sites that have concerns about overflow parking and any reduced parking would cause a bigger problem. Vote on Motion: 4-1. Voting Aye: Beatty-Hansen, Corrieri, Gartin, Rollins. Voting Nay: Betcher. Motion declared carried. Director Diekmann noted the approval will allow Mary Greeley Medical Center to apply for a Text Amendment and it will go through the Planning and Zoning Commission. He anticipated it would come back before the Council later this summer. APPROVING CONTRACT TO DPC INDUSTRIES, INC., OF BELLEVUE, NEBRASKA, FOR PURCHASE OF LIQUID SODIUM HYPOCHLORITE FOR THE WATER PLANT AND POWER PLANT IN THE AMOUNT OF $1.74/GALLON FOR THE FIRST SIX MONTHS OF FY 2022/23: Water and Pollution Control Assistant Director Neil Weiss indicated that three bids were received for essential chemicals that are used for the Water Treatment process and one of those is liquid sodium hypochlorite, which is used as a disinfection at the Water Treatment Plant and at the Power Plant in the cooling of the water tower. Of the three bids, the low bid was from DPC Industries, Inc., of Bellevue, Nebraska. Mr. Weiss indicated DPC is the same provider that the City is using for its current contract. The low bid was nearly 78% above what is currently being paid for sodium hypochlorite. It was mentioned that the increase is in line with what staff is seeing for other chemicals for the Water Treatment Plant process. Moving forward staff is looking to procure as many chemicals as they can to minimize the impact that will start July 1, 2022. Staff was also able to identify around $30,000 in the operating budget is available for contingency with chemical purchases; however, looking forward staff will need to reprioritize projects to make up for the cost increases. Electric Services Director Don Kom indicated that the Power Plant is doing something similar as well to help reduce costs. Council Member Gartin asked if there was a sense as to why there has been an increase in chemicals. Mr. Weiss said that all utilities are seeing an increase due to supply issues, increased fuel costs, etc. Council Member Betcher asked if there was room to store extra chemicals and if those chemicals ever expire. Mr. Weiss and Director Kom indicated that there is adequate storage room and the 11 chemicals do expire so staff will be diligently watching the dates. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 22-333 approving a Contract to DPC Industries, Inc., of Bellevue, Nebraska, for the purchase of liquid sodium hypochlorite for the Water Plant and Power Plant in the amount of $1.74/gallon for the first six months of FY 2022/23. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AWARDING CONTRACT TO WESCO DISTRIBUTION OF DES MOINES, IOWA, FOR THE PURCHASE OF ELECTRIC SERVICES TRANSFORMERS IN ACCORDANCE WITH UNIT PRICES BID, IN AN AMOUNT NOT TO EXCEED $58,725: The Mayor noted that this item had been pulled by the request of staff. APPROVING REVISIONS TO THE DOWNTOWN METER MAP (NEW LOT N AND DOWNTOWN PLAZA CHANGES): Public Works Director John Joiner explained that as part of the Downtown Plaza project, parking in the existing Municipal Lot N, east of City Hall will be eliminated. Therefore, the City Council approved a project to construct replacement parking in a new lot on the north side of 6th Street, directly north of City Hall. The new replacement parking facility will also be called Municipal Lot N and will simply be in a different location on the official Meter Map. The new Lot N will be smaller than the existing Lot N, and will therefore be unable to fully replace all the lost parking by itself. In conjunction with the Plaza project, new angled parking spaces will be constructed along the west side of Clark Avenue adjacent to City Hall’s front entrance. Council Member Rollins asked why the ten-minute free spaces would not be available in the new lot or on the street. Director Joiner explained that the meter in the new lots will have a feature where you can push a button and get ten free minutes. The meter will also have a vehicle detection so someone can’t keep pushing the ten-minute free parking button. Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 22-335 approving the revisions to the Downtown Meter Map (New Lot N and Downtown Plaza Changes). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON REZONING 3005 - 3125 GROVE AVENUE AND 3209 DUFF AVENUE FROM RESIDENTIAL HIGH DENSITY (RH) TO RESIDENTIAL MEDIUM DENSITY (RM): City Planner Eloise Sahlstrom indicated this item came before the Council on January 11, 2022, in response to a request from a Neighborhood Association and the City’s designation of part of Grove Avenue as a Redirection Area. The Northwood/Overland Heights Neighborhood Association asked the City Council to initiate rezoning of the properties along the west side of Grove Avenue from “RH” Residential High-Density Zone to “RM” Residential Medium Density Zone. The existing “RH” zoning allows mixed use commercial uses. At the conclusion of the discussion, the City Council determined that initiating a rezoning for the west side of the Grove Avenue to RM 12 (eight properties totaling approximately 3.2 acres) was the preferred option. As part of initiating the rezoning, City Council also directed staff to hold a public outreach meeting for property owners and the neighborhood. As follow-up on January 19, 2022, staff sent a letter to the eight property owners inviting dialog about the potential change. Staff received three responses: two supportive, one against the proposed rezoning concept. On March 28, 2022, a Special Neighborhood meeting was held at Homewood Golf Course and the meeting was attended by 12 people representing eight properties. The consensus of those attending was in support of the rezoning to “RM” with the exception being one property owner (3125 Grove Avenue) against the rezoning. That property owner stated he purchased the property specifically with the intention of developing the property into mixed-use. As part of the discussion with the Planning and Zoning Commission, there was a review of zoning standards and access for the potential use of the corner property. At the time of the Planning and Zoning meeting, the owner had not proceeded with developing a formal Site Development Plan application or a conceptual plan. Council Member Beatty-Hansen asked what road access would be available for 3125 Grove Avenue. Ms. Sahlstrom indicated that Northwood Road would be the preferred point of access. Ms. Beatty- Hansen inquired if any plans have since been submitted. Ms. Sahlstrom indicated that staff did receive a plan to keep the existing building and add additional apartments. Mayor Haila asked if 3125 Grove could do what they proposed under “RH” or “RM.” Ms. Sahlstrom explained it could be done under the proposed change to “RM.” The Mayor declared the public hearing to be open. Bob Long, 3124 Grove Avenue, Ames, stated he is not sure how more apartments could be added to 3125 Grove Avenue without increasing more parking. He indicated that he is supportive of Alternative 1, which was to approve on first reading rezoning all eight parcels totaling approximately 3.2 acres located on the west side of Grove Avenue from “RH” Residential High Density to “RM” Residential Medium Density. The public hearing was closed when no one else came forward to speak. Council Member Gartin noted that this will be the first of many conversations that the Council will have as they look to identify places for infill. It will be on a case-by-case basis as not every place will be appropriate for intensification. As the Council moves forward there may be times that they may upset the neighborhoods. Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance rezoning 3005 - 3125 Grove Avenue and 3209 Duff Avenue from Residential High Density (RH) to Residential Medium Density (RM). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 13 HEARING ON 2020 ENTITLEMENT CDBG-CV CARES (COVID-19) - 2ND ROUND FUNDING: Housing Coordinator Vanessa Baker-Latimer stated this is in follow-up to the March 8, 2022, meeting where the Council directed staff to proceed with hosting a grant application workshop to request funding proposals from area agencies that provide services such as food distribution, meal delivery for the elderly, and facility-based daycare services. Additionally, staff would prepare an application for potential funding through the CDBG-CV (COVID-19) Round 2 CARES Program administered by the Iowa Economic Development Authority (IEDA). In recent meetings the Iowa Economic Development Authority (IEDA) staff encouraged the City to expend the funds quickly by focusing on small “prevention through capacity building and expansion” types of projects. As a first tier of priorities, staff met with three-facility based non-profit daycares [ChildServe, University Community Childcare (UCC), and Ames Community Preschool Center (ACPC)] to determine their interest and need for possible funding. As a second priority funding tier, staff invited Food At First, Heartland Senior Services, Salvation Army, and Mid-Iowa Community Action Agency (MICA) to discuss interest and needs. However, only Heartland Senior Services and Mid- Iowa Community Action Agency representatives attended the meeting, but staff received proposals from ChildServe, University Community Childcare, Ames Community Preschool Center, and Mid- Iowa Community Action Agency. Ms. Baker-Latimer stated that among the three daycare agencies the activities that were requested funding were: Kitchen and appliance remodel, technology and preschool curriculum, HVAC, Outdoor STEM Equipment, commercial kitchen oven, infant program expansion, and classroom flooring upgrades. MICA requested funding for a cargo van to deliver meals. It was the hope that all the requests will be able to be funded, but if not, staff will put the funding toward the tier one projects, and if any funding is left, they will move to the second tier. Council Member Gartin commented that oftentimes when assistance is provided for infrastructure or property improvements, there is some kind of recapture clause; so if the property owner sold the property, the City would get the funding back. He wanted to know if there was any provision similar to that with this Program. Ms. Baker-Latimer said that there would be a recapture provision placed into the Agreements. Council Member Betcher wondered why there weren’t more tier two applications. Ms. Baker- Latimer stated that a lot of those agencies don’t own their spaces as they are either renting the space or it was given to them for free. Council Member Rollins asked about childcare facilities and wanted to know how many more kids might be served with the additional help. Ms. Baker-Latimer explained that there are over 270 children waiting for daycare spaces with the biggest need being infant care. As far as food delivery places, during the pandemic, the grocery employees had to use personal cars, and now with the van, it will help eliminate the use of personal cars. Council Member Corrieri commented that some of the capacity will depend on whether they could hire staff. Mayor Haila opened the public hearing. It was closed when no one came forward to speak. 14 Moved by Rollins, seconded by Betcher, to adopt RESOLUTION NO. 22-336 approving the submittal of the Round 2 CV-CARES (COVID-19) draft grant application to the Iowa Economic Development Authority (IEDA). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2022/23 RIGHT-OF-WAY RESTORATION: The public hearing was opened and closed by Mayor Haila after no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 22-337 approving the final plans and specifications and awarding a contract to Country Landscapes, Inc., of Ames, Iowa, in the amount of $288,183.20. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON PROPOSAL TO ENTER INTO A WATER REVENUE LOAN AND DISBURSEMENT AGREEMENT TO BORROW MONEY THEREUNDER IN A PRINCIPAL AMOUNT NOT TO EXCEED $3,500,000: The public hearing was opened by Mayor Haila. It was closed when no one came forward to speak. Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 22-338 instituting proceeding to take additional action for the authorization of a Loan and Disbursement Agreement and the issuance of not-to-exceed $3,500,000 Water Revenue Bonds (SRF Loan). Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON PROPOSED AMENDMENT TO THE CITY’S PLANNING PROJECT REVIEW AND NOTIFICATION PROCESS AND APPROVAL PROCESS RELATED TO CHAPTER 29 OF THE AMES MUNICIPAL CODE: Moved by Beatty-Hansen, seconded by Betcher, to continue the hearing to July 12, 2022. Vote on Motion: 5-0. Motion declared carried unanimously. HEARING ON FURMAN AQUATIC CENTER POOL BASIN PAINTING PROJECT: The Mayor opened the public hearing. It was closed when no one else came forward to speak. Moved by Gartin, seconded by Betcher, to reject all bids and direct staff to rebid the project at a later date. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE ON ZONING TEXT AMENDMENT TO REMOVE THE CAMPUSTOWN SERVICE CENTER (CSC) ZONING DISTRICT MID-BLOCK 20-FOOT SETBACK STANDARD ALONG LINCOLN WAY: Moved by Beatty-Hansen, seconded by Betcher, to pass on second reading an ordinance on a Zoning Text Amendment to remove the Campustown Service 15 Center (CSC) Zoning District Mid-block 20-foot setback standard along Lincoln Way. Vote on Motion: 5-0. Motion declared carried unanimously. ORDINANCE MODIFYING CHAPTER 18 OF THE MUNICIPAL CODE FOR PARKING CHANGES TO VARIOUS LOCATIONS: Moved by Betcher, seconded by Gartin, to pass on second reading an ordinance modifying Chapter 18 of the Municipal Code for parking changes to various locations. Vote on Motion: 5-0. Motion declared carried unanimously. 2105 DAYTON AVENUE: Moved by Betcher, seconded by Gartin, to adopt RESOLUTION NO. 22-339 approving the Zoning Agreement for 2105 Dayton Avenue. Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Gartin, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE NO. 4467 rezoning 2105 Dayton Avenue from “A” (Agricultural) to “GI” (General Industrial). Roll Call Vote: 5-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DISPOSITIONS OF COMMUNICATIONS TO COUNCIL: The Mayor noted that there were five items to review. The first three items were regarding pedestrian safety in the Somerset area. Council Member Betcher commented that she couldn’t remember if the Council had asked the Traffic Engineer for an update on what is happening in Somerset. Council Member Beatty-Hansen said that something needs to be done, but not sure what. She knows that the Council has had reports from staff on this area. Ms. Beatty-Hansen wondered if asking for a memo regarding a rapid flashing beacon for this area would be appropriate on Stange at an intersection of staff’s choice. Council Member Betcher stated that her recollection was that the last time this came up, that there was a traffic study done and then another one, but that one was done during COVID. She got the impression that there was a possibility of having another study done now that traffic patterns have returned to normal. Council Member Corrieri commented that an update was sent out to the Council. Moved by Beatty-Hansen, seconded by Corrieri, to request a memo from staff on the best location along Stange to install a push button beacon in the Somerset area. Council Member Betcher indicated her concern was that she would rather have staff make a recommendation as she is not sure the flashing beacon is needed. Council Member Beatty-Hansen withdrew her motion. Moved by Beatty-Hansen, seconded by Corrieri, to ask staff for a memo detailing where, along Stange, the City would consider putting either a beacon or other calming measure. Vote on Motion: 5-0. Motion declared carried unanimously. 16 The fourth item was a Memo from Planning and Housing Director Kelly Diekmann regarding the request from the property owner at 2359-210th Street in Boone County to amend the Ames Plan 2040 Urban Fringe Land Use Map. Moved by Rollins, seconded by Beatty-Hansen, to place the memo from Planning and Housing Director Kelly Diekmann regarding the request for the property owner at 2359-210th Street to amend the Ames Plan 2040 Urban Fringe Land Use Map on a future agenda. Vote on Motion: 4-0-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Rollins. Voting Nay: None. Abstaining due to Conflict of Interest: Gartin. Motion declared carried. The last item was an email from the Ames Climate Action Team asking the Council to begin the reduction of waste stream-related emissions. Council Member Betcher commented they should do something in response to the email, but was unsure if it should be a memo from staff or what they should do. Council Member Beatty-Hansen asked what the status was for the current Waste-to- Energy Study and the timing. Assistant City Manager Brian Phillips indicated it would be sometime within the next few months. Ms. Beatty-Hansen wanted to know about the status of curbside recycling. Mr. Schainker noted that a study is in process. She felt that a process is already in the works so it would be beneficial to communicate the timing. Moved by Beatty-Hansen, seconded by Corrieri, to communicate the timing and make sure that the Ames Climate Action Team knows about any upcoming opportunities for input. Council Member Gartin asked Mr. Phillips to give a little more information about the plans for plastic diversion. Mr. Phillips said that the consultant who was hired is working on identifying different ways for the City to divert plastics out of the processing by using an optical sorting or other technology. There are a whole host of items that are related to each other, but will have to discuss it in length when it comes back to the Council. The Mayor asked Mr. Phillips to speak about the upcoming Bike/Pedestrian Master Plan. Mr. Phillips explained that the City had retained a consultant to assist in the development of the Bike/Pedestrian Plan. The first step would be to have a Workshop to discuss the goals of the project, which will take place on August 16, 2022. The vision of the Bike/Pedestrian Master Plan will be discussed at that meeting and public input will be accepted later. Council Member Betcher asked if staff had asked for a catalog of where there are sidewalk gaps in the City. It was unknown if that had been requested. COUNCIL COMMENTS: Council Member Betcher thanked Will Determan for sending her an email about his concerns regarding sidewalk gaps. She has forwarded his email to the rest of the Council and she is hoping the City will move forward with some kind of assessment as to where all the gaps exist. Ms. Betcher mentioned that she attended the International Town and Gown Association Conference 17 and received some good ideas and felt that the City of Ames efforts on community engagement were well-received by those in attendance. Council Member Gartin stated that June 2, 2022, was a sad day for the community and Cornerstone Church. He said that he has been a part of the Church since 1996, and one of the main reasons his family moved back to the community. It was the worst day in the Church’s history, and he wanted to convey on behalf of the Church the deep appreciation to Iowa State University, Story County Sheriff’s Department, and the support of the community. Mr. Gartin said in the midst of great tragedy there is an opportunity to be grateful for the support. Council Member Rollins thanked the City for giving her the opportunity to attend the International Town and Gown Conference as it was a great way to get contacts and learn new information. She was looking forward to how the City can incorporate some of the ideas they learned. Moved by Corrieri, seconded by Beatty-Hansen, requesting a memo from staff about taking credit/debit cards for utility payments and parking tickets at City Hall. Vote on Motion: 5-0. Motion declared carried unanimously. The Mayor indicated that last week the City Manager and he flew out to Washington, D.C., to have their annual visit with the Iowa Senator and other representatives. They are looking into what kinds of grants are available to help with sustainability. He mentioned that the Department of Energy has some grants available, and will be trying to explore these options while staff is reviewing other finance options. ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 8:00 p.m. Vote on Motion: 5-0. 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 Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Electric Services Boiler Maintenance Services for the Power Plant 3 $315,000.00 Plibrico Company LLC $362,500.00 $10,000.00 C Spence AM Human Resources Legal Services for a Matter Before PERB 3 $50,412.58 Ahlers, Cooney, Dorweiler, Haynie, Smith & Allee, PC $42,000.00 $6,811.79 B. Phillips KS Electric Services Scaffolding and Related Services & Supplies 1 $53,000.00 HTH Companies Inc $0.00 $10,000.00 C.Spence AM $ $ $ $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: June 2022 For City Council Date: June 28, 2022 Item No. 4 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA JUNE 23, 2022 The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson Mike Crum at 8:15 AM on June 23, 2022. As it was impractical for the Commission members to attend in person, Commission Chairperson Mike Crum and Commission Members Kim Linduska and Harold Pike were brought in telephonically. Human Resources Director Bethany Ballou was present. APPROVAL OF MINUTES OF MAY 26, 2022: Moved by Linduska, seconded by Pike, to approve the Minutes of the May 26, 2022, Regular Civil Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Commission Chairperson Crum advised that Commission Member Pike would be abstaining from voting on this item due to a conflict of interest regarding the Plans Examiner position. Moved by Crum, seconded by Linduska, to certify the following individuals to the Ames City Council as Entry-Level Applicants: City Forester Gabriele Edwards 77 John Murrow 70 Plans Examiner Corey Montgomery 70 Vote on Motion: 2-0-1. Voting aye: Crum, Linduska. Voting nay: None. Abstaining due to a conflict of interest: Pike. Motion declared carried. REQUEST TO REMOVE NAMES FROM THE CERTIFIED LIST FOR PUBLIC SAFETY DISPATCHER: Chairperson Crum referenced the memo sent from Director Ballou that stated one candidate from the List certified on April 28, 2022, had failed the reference check process. Subsequently, Human Resources was asking that he be removed from the List certified on April 28, 2022, as allowed by Section 4.5 of the Civil Service Commission Policies and Procedures. Moved by Crum, seconded by Linduska, to remove the name of Jonah Pankow from the List for Public Safety Dispatcher, which was certified on April 28, 2022. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM, AND EXHAUST, THE CERTIFIED LIST FOR MAINTENANCE WORKER - PARKS & RECREATION: Director Ballou clarified that the original List certified on April 28, 2022, included the names of two applicants. One person was hired, which left one candidate remaining on the List. Section 4.2 of the Civil Service Commission Policies and Procedures states, “When a list has diminished to three or fewer candidates, the Commission may declare the list exhausted.” Ms. Ballou stated that exhausting the current List will allow a new open recruitment process to begin. She noted that the name of the one remaining candidate, Randy Potter, will be added to the new List to be certified by the Commission in the future. Moved by Pike, seconded by Crum, to exhaust the Maintenance Worker - Parks & Recreation - Certified List, which was certified on April 28, 2022. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM THE CERTIFIED LIST FOR MAINTENANCE WORKER - STREETS: Chairperson Crum noted that the List that was certified by the Commission on May 26, 2022, contained the names of two new candidates and three candidates, who were being carried over from a previous List. In following-up on May 23, 2022, with the candidates whose names were carried over, one candidate, Tony Sejaan, failed to respond to written notice. Section 4.5 of the Civil Service Commission Policies and Procedures states that a person appearing on a Certified List...shall have their name removed from the list by the Commission whenever that person...fails to respond to a written notice.” Moved by Linduska, seconded by Pike, to remove of the name of Tony Sejaan from the Certified List, which was certified on May 26, 2022. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM CIVIL SERVICE LIST FOR APPRENTICE ELECTRIC LINEWORKER: Director Ballou explained that the List in question was certified during the meeting on September 23, 2021, with three candidates. Josh Duggan declined an Offer of Employment, Tanner Henniges withdrew from consideration, and Jesse Black was hired from the List certified on October 8, 2021. There are no candidates left on the List; therefore, Human Resources staff is requesting that the names of Josh Duggan and Tanner Henniges be removed from the List to allow for a new open recruitment to begin. Moved by Pike, seconded by Linduska, to remove the names of Josh Duggan and Tanner Henniges from the Certified List, which was certified on September 23, 2021. Vote on Motion: 3-0. Motion declared carried unanimously. COMMENTS: The next Regular Meeting of the Ames Civil Service Commission is scheduled for July 28, 2022, at 8:15 AM. ADJOURNMENT: The meeting adjourned at 8:20 AM. __________________________________ _______________________________________ Michael R. Crum, Chairperson Diane R. Voss, City Clerk 2 Caring People  Quality Programs  Exceptional Service 515.239.5105 main 515.239.5142 fax MEMO To: Mayor and City Council Members From: Council Member Bronwyn Beatty-Hansen Date: June 27, 2022 Subject: Salaries for Council Appointees for FY 2022-23 It is recommended that the following salary increases for Council appointees be approved for FY 2022-23: City Manager Steve Schainker: 3.25% increase (new annual compensation of $241,018.92 + deferred compensation + vehicle allowance per his Contract) City Attorney Mark Lambert: 3.25% + 2% merit increase (new annual compensation of $158,512.31) BBH/drv Addtl Item No. 1 Page 1 of 2 Applicant NAME OF LEGAL ENTITY YOUR PRIVATE BARTENDER, LLC NAME OF BUSINESS(DBA) Your Private Bar BUSINESS (515) 208-1050 ADDRESS OF PREMISES 3600 Grand Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1701 25th Street CITY West Des Moines STATE Iowa ZIP 50266 Contact Person NAME Amber Cooper PHONE (515) 208-1050 EMAIL admin@yourprivatebar.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class C Liquor License TERM 5 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class C Liquor License PRIVILEGES Outdoor Service Item No. 6 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Amber Cooper Johnston Iowa 50131 Managing Member 51.00 Yes Matthew Cooper Johnston Iowa 50131 Member 49.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Jan 1, 2022 POLICY EXPIRATION DATE Jan 1, 2023 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Item No. 7 Page 1 of 2 Applicant NAME OF LEGAL ENTITY OAK LANE CANDLE CO., LLC NAME OF BUSINESS(DBA) Oak Lane Candle Co. BUSINESS (515) 290-7589 ADDRESS OF PREMISES 121 Main Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 121 Main Street CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Stacy Negrete PHONE (515) 290-7589 EMAIL oaklanecandleco@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Class B Native Wine Permit TERM 12 Month STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Class B Native Wine Permit PRIVILEGES Sunday Service Item No. 8 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Stacy Negrete Ames Iowa 50010 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE   !!!"#$%&'(' !!!")*+$++,-).+)0/!!55 0/!!! 60 / 7%8  !319(:0;<<*<#/!!55 7%8 !1=':0;<<*<0J")*+$++*-).+)K%EFG5'H'9I1L,;MN7'F&OP17 ?/ !60/0&'88FU219FP%G8%/*+1G34 ! !!2V7F33%I311P'&23419F3(# X0/# !# !!!!9FP%G8% Item No. 9     &'()#*&+,- 7 809: 9597 ;0< <+ 090+4 =+>+?47@ A0< BC C8090;74#G#H"( 'I!H(J!! (K# LMNMO (K*!H LNPNN !QFH#Q T#*E%%! %%*(Q UMVWO XK*!H LNPNN !Q <54:4567 >7Z7@5[0Z 809: 9597 ;0< =+>+?47@ A0<VV\MM]]^N^ 'I!H(J!! (K# LMNMO NPNN `0-Y 'Xcb% &'(X'FF'dTbRS*!MWeONOO X'fabXTbRS*!MWeONOW To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: June 2, 2022 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for June 28th, 2022, includes beer permits and liquor license renewals for: •Red Lobster (1100 Buckeye Ave) – Class C Liquor License with Sunday Sales •Welch Ave Station (207 Welch Ave) – Class C Liquor License with Sunday Sales •Hampton Inn & Suites Ames (2100 SE 16th St) - Class B Beer Permit with Class B Native Wine Permit & Sunday Sales •Panchero’s Mexican Grill (1310 S Duff) - Class B Beer Permit 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. Item No. 10 RESOLUTION NO. _______ RESOLUTION APPROVING AND ADOPTING SUPPLEMENT NO. 2022-3 TO THE AMES MUNICIPAL CODE BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that in accordance with the provisions of Section 380.8 Code of Iowa, a compilation of ordinances and amendments enacted subsequent to the adoption of the Ames Municipal Code shall be and the same is hereby approved and adopted, under date of July 1, 2022, as Supplement No. 2022-3 to the Ames Municipal Code. Adopted this day of , 2022. ___________________________ John A. Haila, Mayor Attest: _______________________________ Diane R. Voss, City Clerk Item No. 11 ITEM # __12__ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: SET THE DATE OF PUBLIC HEARING FOR THE GRANT OF AN UNDERGROUND ELECTRICAL UTILITY EASEMENT ON THE PRAIRIE VIEW INDUSTRIAL LIFT STATION SITE LOCATED AT 207 S TELLER AVE. BACKGROUND: A sanitary sewer lift station is being constructed at 207 South Teller Avenue to serve the Prairie View Industrial area. Interstate Power and Light Company, an Iowa Corporation, (Alliant Energy) has requested an underground electrical utility easement, located along the east side of the property, and extending west into the lift station. This easement will be used to place switch back gear for the overhead electrical lines on the east side of Teller Ave. With the planned construction of an interchange at US 30 and Teller Ave by the Iowa DOT, Alliant Energy will be relocating overhead powerlines underground from US 30 to the lift station site. The switch back gear that will be placed in the easement will be the point where the new underground will switch back to the existing overhead power lines on the east side of Teller Ave. Public Works staff has had several conversations, including an onsite meeting, with Alliant Energy staff on the placement location of the switch back gear and the concrete pad on which it will be built. The agreed upon location will meet Alliant Energy’s access needs and have minimal impact on the lift station features and landscaping. The switch back gear will also provide a location to tie in the electrical building of the lift station site when complete. ALTERNATIVES: 1. Set July 12, 2022, as the public hearing date to consider granting of the underground electrical utility easement at 207 S Teller Ave to Interstate Power and Light Company, an Iowa Corporation. 2. Do not set a date of public hearing to consider granting of the easement at 207 S Teller Ave. 3. Refer this item back to City staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: Approving the easement will allow Alliant Energy to underground a portion of their facilities and place switch back gear for the overhead electrical line tie -in. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. Prairie View Industrial US HIGHWAY 30 E LINCOLN WAY S BELL AVE 580TH AVE 241ST ST INTERSTATE 35 S DAYTON AVE DAYTON AVE SE 16TH ST TELLER AVE FORD ST INTERSTATE 35 S BELL AVE COLT ST DEERE ST SE 5TH ST US HIGHWAY 30 Lift Station at 207 S Teller Ave ¯ Lift Station Site ECRM263561 Rev. 3 02/16 Page 1 Prepared by: Brian DePrez – Ulteig Engineers – 1455 Sherman Rd., Hiawatha, IA 52233 (319) 286-3015 Return to: Heather Dee - Interstate Power and Light Company – PO Box 351 – Cedar Rapids, IA 52406 (319) 786-4514 SPACE ABOVE THIS LINE FOR RECORDER UNDERGROUND ELECTRIC LINE EASEMENT For and in consideration of the sum of One Dollar ($1.00) and other valuable consideration, the receipt of which is hereby acknowledged, CITY OF AMES, an Iowa municipal corporation located in Story County Iowa, (“Grantor(s)”), ADDRESS: 515 Clark Ave., Ames, IA 50010, do(es) hereby warrant and convey unto Interstate Power and Light Company, an Iowa Corporation, its successor and assigns, (“Grantee”) a perpetual easement with the right, privilege and authority to construct, reconstruct, maintain, expand, operate, repair, patrol and remove an underground electric and telecommunications line or lines, consisting of wires, transformers, switches and other necessary fixtures, appurtenances and equipment, (including associated surface mounted equipment) and construction (collectively, the “Line” or “Lines”) for transmitting electricity, communications and all corporate purposes of Grantee together with the power to extend to any other party the right to use, jointly with the Grantee, pursuant to the provisions hereof, upon, under, and across the following described lands located in the County of Story, and the State of Iowa: See Attached Exhibit A, page 3 together with all the rights and privileges for the full enjoyment or use thereof for the aforesaid purpose. Grantor(s) agrees that it will not construct or place any buildings, structures, plants, or other obstructions on the property described above. Grantor(s) also conveys the right and privilege to trim, cut down or control the growth of any trees or other vegetation on said described land and such other trees and vegetation adjacent thereto as in the judgment of the Grantee may interfere with construction, reconstruction, maintenance, expansion, operation, repair, use of the Line or Lines. Grantee, its contractor or agent, may enter said premises for the purpose of making surveys and preliminary estimates immediately upon the execution of this easement. The Grantor(s) also grants to the Grantee the right of ingress and egress to the Line or Lines, under lands now owned by the Grantor(s), for the purpose of constructing, reconstructing, maintaining, expanding, operating, patrolling, repairing and removing the Line or Lines, and the Grantee agrees to pay to the Grantor(s) or its tenants all damages done to the lands (except the cutting and trimming of trees or other vegetation), fences, livestock or crops of the Grantor(s) or its tenants, by the Grantee or its employees while constructing, reconstructing, maintaining, expanding, operating, patrolling, repairing or removing the Line or Lines. ECRM263561 Rev. 3 02/16 Page 2 Signed this day of _______________, 20____. GRANTOR(S): CITY OF AMES By: _____________________________________ John Haila, Mayor Attest: ______________________________________ Diane Voss, City Clerk ALL PURPOSE ACKNOWLEDGMENT STATE OF ) COUNTY OF ) ss: On this day of , AD. 20 , before me, the undersigned, a Notary Public in and for said State, personally appeared John Haila and Diane Voss_______________________ _____________________________ to me personally known or provided to me on the basis of satisfactory evidence to be the persons(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. NOTARY SEAL (Sign in Ink) (Print/type name) Notary Public in and for the State of _________________. My Commission Expires:__________________________. CAPACITY CLAIMED BY SIGNER INDIVIDUAL CORPORATE Title(s) of Corporate Officers(s): N/A Corporate Seal is affixed No Corporate Seal procured PARTNER(s) Limited Partnership General Partnership ATTORNEY-IN-FACT EXECUTOR(s), ADMINISTRATOR(s), or TRUSTEE(s): GUARDIAN(s) or CONSERVATOR(s) OTHER SIGNER IS REPRESENTING: List name(s) of persons(s) or entity(ies): ITEM # _ADDTL ITEM NO 2 DATE: 06/28/22 COUNCIL ACTION FORM SUBJECT: VACATE ELECTRIC EASEMENT AT 1404 AND 1410 BUCKEYE AVENUE BACKGROUND: The property located at 1404 and 1410 Buckeye Avenue is owned by NLA Duff, LLC (see Attachment A). The owner proposes to construct a car wash. An electric easement exists in the area where the car wash is being proposed (see Attachment B). The construction cannot occur unless the electric easement is vacated. The easement was first established as part of the approval of the Final Plat for Fourth Addition to Southwood Subdivision, Ames. On June 12, 2019, as per Instrument 2019-07692, an electric easement was granted to the City of Ames described as the North five feet (5’) of Lot Eight (8); AND the South five feet (5’) and the East thirty-six feet (36’) of the South Twenty-One (21’) of Lot Nine (9), (see Attachment C). The purpose of the easement was to provide access for electric services to serve Lot 8 and Lot 9, nevertheless, the electric easement has not been utilized since it was first established by the Final Plat. As part of the Final Plat of Southwood Subdivision, Sixth Addition the owner proposes the replat of Lots 8 & 9, in order to combine the lots to form Lot 1 for the purpose of building the Car Wash, (see Attachment B). The Electric Department has reviewed the easement vacation request and has determined it is only an unutilized Electric Easement and that no other facilities will be affected and/or would be in conflict with the construction of the car wash. ALTERNATIVES: 1. Set July 12, 2022, as the public hearing date to consider vacation of the existing ten feet (10’) electric easement at 1404 & 1410 Buckeye located in 8 & 9, Southwood Subdivision, Ames 2. Do not approve the request to vacate the existing ten feet (10’) electric easement at 1404 & 1410 Buckeye located in, lots 8 & 9, Southwood Subdivision, Ames 3. Refer this item back to City staff for additional information. MANAGER'S RECOMMENDED ACTION: Since the existing easement do not provide electric services to Lots 8 & 9 at 1404 &1410 Buckeye Avenue, vacating the easement will enable the combining of lots 8 & 9 and the construction of a Car Wash. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, to set July 12, 2022, as the date of public hearing for vacation of the existing ten feet (10’) electric easement at 1404 & 1410 Buckeye located in, lots 8 & 9, Southwood Subdivision, Ames ATTACHMENTS Subject Property Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community, City of Ames, IA M© City of Ames, Iowa makes no warranties, expressed or implied, including without limitation, any warranties of merchantability or fitness for a particular purpose. In no event shall the City of Ames be liable for lost profits or any consequential or incidental damages caused by the use of this map.1:2,257 ArcGIS Web Map 1/2" IPF No ID 1/2" IPF No ID 1/2" IPF ID: 17181 N0.20'-E1.80' 1/2" IPF No ID, Being the SW Cor. of Lot 8 Fifth Addition to Southwood Subdivision S 89°50'55" E 240.04' S 0 0 ° 2 3 ' 4 5 " E 81 . 1 2 ' S 0 0 ° 2 3 ' 2 1 " E 89 . 7 7 ' N 89°53'23" W 240.00' N 0 0 ° 2 4 ' 3 0 " W 8 9 . 8 7 ' N 0 0 ° 2 4 ' 3 0 " W 8 1 . 1 9 ' 9. 5 ' U T I L I T Y EA S E M E N T BK 2 7 8 , P G 1 3 8 IN S T R . N O . 20 1 9 - 0 7 6 9 0 9. 5 ' U T I L I T Y EA S E M E N T BK 2 7 8 , P G 1 3 8 IN S T R . N O . 20 1 9 - 0 7 6 9 0 ACCESS EASEMENT (LOT 9) (INST. NO. 2019-07689) S. D U F F A V E N U E (R / W V A R I E S ) AMES COMMUNITY BANK 104 CHESTNUT ST AMES IA 50010 1416 BUCKEYE LLC 105 S 16TH ST STE A AMES IA 50010-8094 CUT "X" SET IN SIDEWALK 1/2" IPF No ID 9.5' BU C K E Y E A V E N U E (6 0 ' R / W ) (LOT 8) (INST. NO. 2019-07689) LOT 1 0.942 AC± 41,036 SF± 5. 0 ' 5. 0 ' 9.5' 75 . 3 7 ' L7 10' ELECTRIC EASEMENT PER THIS PLAT10 . 0 ' EXISTING LOT LINE & EASEMENT TO BE VACATED BY THIS PLAT 20 ' S E T B A C K L I N E 20 ' S E T B A C K L I N E N 90°00'00" W 214.72' N 90°00'00" E 201.53' L1 LINE BEARING DISTANCE L1 N 52°15'51" W 32.16' L2 L2 N 00°24'30" W 10.00' L3 L3 N 00°00'00" W 10.00' L4 L4 N 90°00'00" E 12.00' L5 L5 S 00°00'00" E 6.37' L6 L6 S 52°15'51" E 33.66' L7 S 00°23'21" E 12.71' LINE BEARING DISTANCE EL1 N 00°24'30" W 30.00' EL2 N 89°35'30" E 39.98' EL3 S 00°24'30" E 34.47' EL4 N 89°35'30" E 189.01' EL5 S 00°24'12" E 100.95' EL6 N 89°53'23" W 41.83' EL7 N 00°24'30" W 32.59' EL8 N 89°35'30" E 27.83' EL9 N 00°24'30" W 43.97' EL10 S 89°35'30" W 200.08' EL11 N 00°23'53" W 28.47' EL12 S 89°35'30" W 14.90' EL 1 EL2 EL 3 EL4 EL 5 EL6 EL 7 EL8 EL 9 EL10 EL 1 1 EL12 24 . 0 ' ACCESS EASEMENT LINE TABLE EL13 S 89°53'23" E 11.01' EL13 ELECTRIC EASEMENT LINE TABLE 1/2" IPF No ID, Being the SE Cor. of Lot 8 Fifth Addition to Southwood Subdivision TO T A L 1 7 1 . 0 6 ' VICINITY MAP NOT TO SCALE BASIS OF BEARINGS IOWA STATE PLANE COORDINATE SYSTEM NAD 83 SPC (1401 IA N) USING GEOID18 SITE NOTES: CONTACT PROPER AUTHORITIES BEFORE BUILDING NEAR UTILITY LINES, FOR EASEMENT WIDTH AND RESTRICTIONS. UTILITIES ARE APPROXIMATE AND SHOULD BE VERIFIED PRIOR TO ANY CONSTRUCTION. THIS IS A COMMERCIAL/HIGH RISK SURVEY, WITH A HORIZONTAL ACCURACY BETTER THAN 1:20,000. SOIL BORINGS ARE REQUIRED IN AREAS WITHIN THIS PLAT WHICH HAVE BEEN IDENTIFIED BY THE CITY OF AMES AS HAVING SOILS THAT MAKE CONSTRUCTION OF BUILDINGS DIFFICULT. THE HORIZONTAL AND VERTICAL DATA SHOWN HEREON WERE OBTAINED UTILIZING A TRIMBLE S6 SERIES TOTAL STATION AND TDS DATA COLLECTION SOFTWARE. UNLESS STATED OTHERWISE, ANY MONUMENT REFERRED TO HEREIN AS A "IRON PIN SET" IS A SET 1/2" DIAMETER, REBAR 18" IN LENGTH, WITH A CAP STAMPED "22467". I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT SUPERVISION AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAW OF THE STATE OF IOWA. _________________________________________________ DAVE R. HOBBS IOWA REG. NO. 22467 My license renewal date is ____________________. CA R D I N A L R D DU F F A V E BU C K E Y E A V E DU F F A V E KE L L O G G A V E MEADOW LN CT MEADOW LN CT CHESTNUT ST CH E S T N U T S T 0'50'100'150' FINAL PLAT SIXTH ADDITION TO SOUTHWOOD SUBDIVISION PARCELS: 911-380-035 & 911-380-0459-20-2021 (Field) Job No.: Date: 176-2112-21-2021 (Office)Date: ACRES NEW ROAD TOTAL ACRES TOTAL LOTS MILES NEW ROAD0 0.942 1 0 1202 CROSSLAND AVE. * CLARKSVILLE, TN 37040 PHONE 931-645-2524 * FAX 931-645-2768 YOUNG, HOBBS & ASSOCIATES OWNER/DEVELOPER: 0.#&7((..% 6#..#2115#56 57+6' /106)1/'4;#.Ä #FLCEGPV2TQRGTV[.KPG LEGEND: +TQP2KP(QWPF $QWPFCT[.KPG %GPVGTNKPGQH4QCF Source of Title: Instrument Number 2019-07803 PROPERTY DESCRIPTION: PART OF THE SOUTHEAST 1/4 OF THE SOUTHWEST 1/4 OF SECTION 11, TOWNSHIP 83 NORTH, RANGE 24 WEST, OF THE 5TH P.M., BEING LOTS 8 AND 9 OF THE FINAL PLAT, FOURTH ADDITION TO SOUTHWOOD SUBDIVISION, RECORDED IN INSTRUMENT NUMBER 2019-07689, OFFICE OF THE RECORDER, CITY OF AMES, COUNTY OF STORY, STATE OF IOWA. SHEET 1 OF 1 REDUCED SIZE, NOT TO SCALE ATTACHMENT 1 ATTACHMENT 2` ITEM # ___13__ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: AGREEMENT FOR JOINT AND COOPERATIVE ACTION FOR WASTE DISPOSAL OPERATIONS BY BOONE COUNTY AND THE CITY OF AMES IOWA BACKGROUND: The Waste to Energy System includes the Resource Recovery Plant (RRP), a closed landfill, and the City of Ames Power Plant. The landfill was closed in 1992, and any waste that cannot be processed into Refuse Derived Fuel (RDF) is currently disposed of at the Boone County Landfill (BCL). These materials are accepted at BCL through the comprehensive plan for the Central Iowa Solid Waste Management Area (CISWMA), of which Ames is a member. BCL and Ames also have an Agreement for Joint and Cooperative Action for Waste Disposal Operations that originated in 1992 for five-year terms that were amended in 1997, 2002, and 2007. In 2012, the amended agreement was for ten years taking it through June 2022. This agreement provides for establishing the tonnage rates (tipping fees) at each facility. Staff has been working with Boone County staff to review and update the agreement. The revised agreement will be in effect through April 30, 2025, to coincide with the term of the current comprehensive plan for the CISWMA. The agreement may be terminated at any time by either party giving the other 90 days written notice. The termination would then occur after a twelve (12) month period to allow both parties to prepare for the termination of the agreement. The rate effective July 1, 2022, for Resource Recovery and Story County customers at the Boone County Landfill will increase by $2.00 to $54.00 per ton. ALTERNATIVES: 1. Approve the Agreement for Joint and Cooperative Action for Waste Disposal Operations with Boone County through June 30, 2025. 2. Reject the agreement and direct staff to initiate negotiations with other area landfills for service. CITY MANAGER’S RECOMMENDED ACTION: The City of Ames and Boone County have developed a cooperative relationship over the duration of this joint waste disposal agreement, with this being the fifth renewal of the agreement since 1992. The City of Ames and Boone County are partners in the CISWMA comprehensive plan that is filed with and approved by the Iowa Department of Natural Resources. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. AGREEMENT FOR JOINT AND COOPERATIVE ACTION FOR WASTE DISPOSAL OPERATIONS BY BOONE COUNTY AND THE CITY OF AMES, IOWA THIS AGREEMENT made and entered into this______day of _____, 2022, by and between the CITY OF AMES, IOWA and BOONE COUNTY, IOWA for Joint and Cooperative Action for Waste Disposal Operations by Boone County and the City of Ames, Iowa. WITNESSETH THAT: WHEREAS, the City of Ames has been working with Boone County toward the goal of joint waste disposal; and, WHEREAS, an objective of that effort is an arrangement whereby Story County’s municipal solid waste that cannot be processed into refuse derived fuel at the City of Ames Plant may be deposited in the Boone County Landfill; and, WHEREAS, the first step in the said joint disposal process is to arrange for landfill services for the City of Ames at the Boone County Landfill; and, WHEREAS, it is desired that the aforesaid Agreement made for that purpose coincide with the comprehensive plan for the Central Iowa Solid Waste Management Association (CISWMA) through April 30, 2025, NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I. DEFINITIONS A. Per Capita User - Person, group, business, governmental entity, etc., from a governmental jurisdiction that pays an annual Per Capita Assessment. B. Non-Per Capita User – Person, group, business, governmental entity, etc., from a governmental jurisdiction that does not pay an annual Per Capita Assessment. II. PURPOSE A. The services provided for under this Agreement shall be financed by reasonable fees charged at the appropriate points of service delivery, or billed to the user, in accordance with such procedures as the respective parties shall establish from time to time for the services each provides hereunder. It is expressly understood that Boone County’s charge to the City of Ames for the landfill service herein specified shall be a charge per ton of municipal solid waste delivered by Ames and disposed of at the Boone County Landfill at such an amount as the Boone County Board of Supervisors shall establish annually, not later than January 1, for the ensuring fiscal year to commence July 1. If a rate cannot be determined by January 1 of any year, the County shall notify the City in writing by January 1, that more time is required. In that event, such notice will state that a rate shall be established no later than February 15 for the ensuing fiscal year. Said tonnage rate for municipal solid waste shall be set at th e same tonnage rate as established for all non-per-capita users of the Boone County Landfill. The Boone County Landfill’s non-per-capita user rate for municipal solid waste shall, for the first fiscal year of this extension commencing on July 1, 2022, be no more than $54.00 per ton. Any future per ton increases or decreases shall be consistent with the amount of increase or decrease as charged to the landfill’s per-capita users. The preceding tonnage rate shall not apply to waste requiring a special waste authorization from either the State of Iowa or the Boone County Landfill. Tonnage rates for acceptance of such waste at the Boone County Landfill shall be determined on a case-by-case basis by Boone County. The preceding tonnage rate shall not apply to construction and demolition waste originating from within the service area of the City of Ames Resource Recovery System, provided the waste cannot be accepted at the Plant. The Boone County Board of Supervisors shall establish a specific tonnage rate for this type of waste. Said rate shall be set at a minimum of two times the landfill’s per-capita user rate. However, Boone County reserves the right to adjust said rate to an amount to encourage use of available reuse, recycling, and/or other diversion opportun ities for any or all portions of the construction and demolition waste stream. Whenever the rate for said waste is to be changed, Boone County will provide its known customers and the City of Ames with a 60-day prior written notice. III. DURATION A. This agreement shall be for a period of three (3) years, beginning July 1, 2022, and ending at 11:59 P.M. on June 30, 2025. However, this Agreement may be terminated at any time by either party giving the other written notice 90 days in advance of the desired termination date for just cause. If either party wishes to be absolved of the agreement termination will occur after a twelve (12) month period to allow both parties to prepare for the termination of the agreement. This Agreement will be reviewed yearly, or sooner, if necessary, by both parties and be updated from time to time as needs arise and regulatory requirements cha nge as the joint comprehensive plan is implemented. IV. ENTITIES AND PROPERTY A. This agreement shall not be construed to create any new entity nor be the creation of any joint interests in property of any kind, real or personal. B. This agreement shall be administered cooperatively by the Public Works Director for the City of Ames and the Boone County Landfill Administrator. IN WITNESS WHEREOF, the parties hereto have caused this instrument to have been executed by duly authorized representatives. DATED this ______day of ______, 2022. CITY OF AMES, IOWA By:___________________________ Attest By: ___________________________ John A. Haila, Mayor Diane R. Voss, City Clerk ______________________________________________________________________ DATED this ______ day of ______, 2022. BOONE COUNTY, IOWA By: ___________________________ Attest By: ___________________________ Stephen Duffy, Chair Diane Patrick, Boone County Board of Supervisors Boone County Auditor ITEM #: 14 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: DOMANI SUBDIVISION, PLAT 1 – STREET LIGHTING BACKGROUND: The City provides streetlights throughout the community; typically, these lights are installed during the subdivision process. For streetlights within Ames Electric Services territory, the energy costs are paid to the Ames Electric Utility from the City’s General Fund. Alliant Energy provides 79 streetlights in areas of the City that are within the Ames corporate limits, but in the Alliant electric service territory rather than the Ames electric service territory. In the case of these Alliant streetlights, Ames Electric Services is billed the energy costs from Alliant, and Electric Services then passes these costs through to the City’s General Fund. The terms for this arrangement are expressed in the Alliant Energy (Formerly Interstate Power & Light Company) Electric Tariff #1 filed with the Iowa Utilities Board. The developer of the Domani Subdivision, Plat 1 has requested the installation of ten 45- watt LED streetlights. Alliant Energy will install, own, and maintain the poles, wire, and luminaries, and will supply the energy for each streetlight. The City will pay a monthly charge for each light of $7.85 plus fuel adjustment and taxes, per the terms of the Alliant Tariff. ALTERNATIVES: 1. Approve the addition of ten 45-watt LED lights on 35 ft. dark bronze steel street light poles at a total cost of $78.50 plus energy charge and taxes per month to the existing Alliant Energy Electric Tariff #1. 2. Do not approve the street lights and direct staff to provide more information. CITY MANAGER’S RECOMMENDED ACTION: Streetlights are a component of the infrastructure to be installed at the time of subdivision. Alliant Energy’s existing Tariff #1 addresses the terms for the costs associated with streetlights. This action will place these streetlights under the terms of this Tariff. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ITEM #: 15 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: EXCESS WORKER’S COMPENSATION INSURANCE RENEWAL BACKGROUND: The City began purchasing Excess Workers' Compensation Insurance coverage brokered by Holmes Murphy on July 1, 2010, to reduce the financial risk of catastrophic self-insured worker’s compensation claims. This coverage limits the City's financial exposure for self- insured worker’s compensation claims (including police and firefighter Chapter 411 injury disability claims) to a maximum dollar amount per individual claim. Beginning with the FY 2014/15 coverage, this also includes an added layer of aggregate protection for multiple large claims exceeding a specified amount. This excess coverage, which is provided by Midwest Employers Casualty Company (MWECC), will expire on June 30, 2022. MWECC provided a renewal quotation through Holmes Murphy. Together, the individual claim and aggregate layer coverages protect the City against unlimited financial exposure for both large individual claims and catastrophic events where there are multiple injuries. Excess Workers Compensation rates are typically affected by past claims experience and national trends of overall claims experience and medical cost inflation. The City’s current policy includes a per-claim threshold of $500,000. This year, MWECC is requiring that the per-claim threshold be raised to $750,000. The per- claim threshold is the amount an individual claim must exceed before the excess insurance provides coverage. All individual claims below the per-claim threshold are paid entirely by the City in a self-insured manner. Holmes Murphy received a quote from the incumbent carrier (MWECC) as well as Safety National. Safety National also required a $750,000 per-claim threshold on municipal employees, Electric, Police and Fire Fighters. Even with these increased thresholds, Safety National’s quote was $150,000. The incumbent provider (MWECC) has quoted a premium of $135,175, which is 11% increase over the current coverage. A detailed outline of the current coverage and the quoted coverage from MWECC for next fiscal year follows below: FY 2021/22 FY 2022/23 Current Quote Plan Feature Self-insured and insured amounts Self-insured and insured amounts Per claim self- insured threshold $500,000 $750,000 Per claim self-insured threshold for Electric, Police, and Firefighters $750,000 $750,000 Aggregate Layer $2,000,000 $2,000,000 PREMIUM COST $121,601 $135,175 The City’s budget for FY 2022/23 includes $133,761 in funding for this coverage. The budget and quoted costs are based on the City's estimated FY 2022/23 payroll. The actual amount billed will be based on reconciliation audits reflecting the City’s actual employment numbers across various employee classifications throughout the year. ALTERNATIVES: 1. Accept the quote from Holmes Murphy & Associates, for coverage with Midwest Employers Casualty Company (MWECC), at a renewal premium of $135,175. 2. Reject the quote and direct staff to search for other alternatives. 3. Decline to purchase Excess Workers Compensation Insurance and self -insure 100% of all employee injury claims that are incurred. CITY MANAGER’S RECOMMENDED ACTION: In order to mitigate the financial risk of self-insuring 100% of the possible Workers Comp claims in FY 2022/23, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 1 ITEM # 16 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: REMOTE PARKING AGREEMENT FOR LUTHERAN CHURCH OF HOPE WITH FIRST NATIONAL BANK BACKGROUND: Lutheran Church of Hope (Hope) owns the property located at 3329 Lincoln Way. This property is in the ‘HOC’ Highway Oriented Commercial zoning district. Hope wishes to expand the existing worship area from 2,201 sq. ft to 2,913 sq. ft. Required on-site parking for religious institutions is calculated based on the worship area, at one parking space per 60 sq. ft. of worship space. The enlarged worship area would require a total of 49 parking spaces- an increase of 12 spaces. Additionally, Hope desires to reduce the existing optional bicycle parking area from 15 to 6. This action would require three additional parking spaces to be added to offset the loss of bicycle parking. Therefore, 15 parking spaces will be required to accommodate the expanded worship area. The site at 3329 Lincoln Way has no additional room to expand the parking area. Hope is requesting approval of a remote parking agreement to utilize the 15 parking spaces at 3334 Lincoln Way (First National Bank) to fulfill the parking needs required with the expansion of the worship area and reduction of on-site bike parking. The Agreement would allow the church to utilize the bank’s parking area after bank hours on Wednesday evenings (6:00 p.m. - 11:00 p.m.). The bank parking area contains the necessary 15 parking spaces to fulfill Hope’s parking needs. The bank, located across Lincoln Way from Hope, adjacent S. Franklin Avenue, is also in the “HOC” zoning district, (see Attachment A – First National Bank, Remote Parking Area). The bank parking is located within 300 feet of Hope. Remote parking is permitted in the “HOC” zoning district but requires City Council approval per the Ames Municipal Code, Section 29.406(18). The Municipal Code requires that parking be within 300 feet of the subject site . A written agreement that identifies the required amount of parking for the principal use must be signed by the parties. Therefore, both Lutheran Church of Hope and First National Bank have signed the Parking Easement Agreement and Joint Use Parking Agreement (see Attachment C), which specify the location of the spaces, number of spaces, and the Agreement terms. The Agreement has been approved by Ames Legal Department. In 2016, the City completed improvements to the Franklin Avenue intersection and sidewalks along Lincoln Way in this area. The signalized intersection at Lincoln Way and S. Franklin Avenue provides a pedestrian signal for crossing of Lincoln Way and improved sidewalks exist along the north frontage providing connection to Hope (see Attachment B - Location & Zoning Map). When reviewing the proposal for remote parking, the City has 2 traditionally assessed the convenience and use of the area for remote parking as meeting the City’s development standards. If approved, the Church will proceed with application for a Special Use Permit as required by the Zoning Ordinance, for the expansion of the worship area and change to the site plan for the reduced bicycle parking (see Attachment ‘C’, Proposed Floor Plan & Attachment ‘D’, Proposed Site Plan). Since the additional parking is only available on Wednesday nights, the Special Use Permit will need to limit the use of the worship area to the times when parking at the Bank can be used (Wednesday nights). ALTERNATIVES: 1. Approve the “Joint Use Parking Agreement” and “Parking Easement Agreement” to provide the required fifteen parking spaces at First National Bank 3334 Lincoln Way on Wednesday evenings to allow for expansion of Lutheran Church of Hope’s worship area and reduction of their on-site bike parking at their location at 3329 Lincoln Way. Note that expansion of the church worship area is subject to an amendment to the Special Use Permit that must be approved by the Zoning Board of Adjustment. 2. Deny the “Joint Use Parking Agreement” and “Parking Easement Agreement ,” which would inhibit Lutheran Church of Hope’s proposed expansion of the worship area. 3. Refer this item to staff or the applicant for further information. CITY MANAGER'S RECOMMENDED ACTION: Hope is requesting approval of a remote parking agreement to utilize the 15 parking spaces across the street at 3334 Lincoln Way (First National Bank- FNB) to fulfill parking requirements resulting from a proposed expansion of their worship area and reduction of on-site bike parking. The request complies with applicable zoning standards and staff believes the proposed parking area, although across an arterial street, is adequately accessible due to its proximity and the available pedestrian infrastructure Review of the expansion of the worship area is subject to Zoning Board of Adjustment approval. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. 3 Attachment ‘A’ Location & Zoning Map 4 Attachment ‘B’ First National Bank, Remote Parking Area 5 Attachment ‘C’ Proposed Floor Plan 6 Attachment ‘D’ Proposed Site Plan 7 Attachment ‘E’ Joint Use Parking Agreement, p.1 8 Attachment ‘E’ Joint Use Parking Agreement, p.2 9 Attachment ‘E’ Joint Use Parking Agreement, p.3 10 Attachment ‘E’ Joint Use Parking Agreement, p.4 11 Attachment ‘E’ Joint Use Parking Agreement, p.5 12 Attachment ‘E’ Joint Use Parking Agreement, p.6 13 Attachment ‘E’ Joint Use Parking Agreement, p.7 14 Attachment ‘F’ Parking Easement Agreement, p.1 15 Attachment ‘F’ Parking Easement Agreement, p.2 16 Attachment ‘F’ Parking Easement Agreement, p.3 17 Attachment ‘F’ Parking Easement Agreement, p.4 1 ITEM # 17 DATE: 06/28/22 COUNCIL ACTION FORM SUBJECT: REQUESTS FROM GOOD NEIGHBOR EMERGENCY ASSISTANCE BACKGROUND: Good Neighbor Emergency Assistance (GNEA), located at 613 Clark Avenue, is requesting to host a kickoff event with a gathering on July 3, 2022 celebrating “25 Years in the Neighborhood”. Although the event takes place mainly on private property, the event organizers are requesting the closure of Clark Avenue between 6th Street and 7th Street for event activities. Clark Avenue is requested to close at 1:00 p.m. and re-open at 9:00 p.m. The scheduled event activities will take place between 4:00 p.m. and 7:00 p.m. Event organizers have secured the use of the Fareway Parking lot for temporary porta potty locations, parking and hopefully, a visit from the Ames Fire Department truck. Planned events taking place are a musician, Raising Readers storytelling, face painting and henna art, a magician, communal art project led by Susan Norris and various yard games. Organizers expect approximately 200 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. Organizers report that they have discussed the event plans with Fareway and First Christian Church and have notified other affected neighbors by going door- to-door with event information. ALTERNATIVES: 1. Approve the request from GNEA to close Clark Avenue from 6th Street to 7th Street on July 3, 2022, as indicated above. 2. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: This requested closure will facilitate an event on private property and Clark Avenue that is open to the public. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM # __18___ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: COOLING TOWER BLOWDOWN SANITARY SEWER MODIFICATIONS BACKGROUND: As part of the power generation process, the Power Plant uses water cooling towers to dissipate heat. Periodically the water must be discharged from the cooling tower as mineral concentrations increase due to evaporation (a process called “blowdown”). The Power Plant has a National Pollutant Discharge Elimination System (NPDES) permit to discharge the cooling tower blowdown water into the storm sewer system, which flows to the Skunk River. In June 2017, the Electric Department received a revision to the permit for the Power Plant’s cooling tower blowdown water. The limits in the new permit require the Power Plant to either treat the water before it is discharged to the storm sewer or find another method of disposal. City staff retained WHKS to assist with evaluating discharge options. Through this evaluation it was determined that directing the Power Plant’s cooling tower blowdown into the City’s sanitary sewer system is the preferred method of disposal. The blowdown water would then be treated at the City’s Water Pollution Control Facility. This approach would involve significantly less cost than the alternative of designing and constructing a separate discharge treatment system at the Power Plant. On February 22, 2022, Council approved a change order to WHKS Engineering to complete the plans and specifications to make connection to the sanitary sewer. The project is now ready for bidding. The engineer’s estimate for the modification is $282,000. The approved FY 2021/22 budget has $500,000 allocated for this project. Project Budget FY 2021/22 CIP $ 500,000 Estimated Project Expenses Engineering Contract Design, bidding, and construction admin $ 93,045 Construction Estimate $ 282,000 Total Estimated Expense $ 375,045 2 ALTERNATIVES: 1. Approve preliminary plans and specifications for the Cooling Tower Blowdown Sanitary Sewer Modifications project, set July 27, 2022 as the due date for bids, and establish August 9, 2022 as the date of public hearing and award of contract. 2. Delay the Cooling Tower Blowdown Sanitary Sewer Modifications project. CITY MANAGER'S RECOMMENDED ACTION: The operation of the cooling towers, and subsequent blowdown discharge, are critical to the operation of the Power Plant. The direct discharge to the sanitary sewer is preferred over installing additional water treatment processes at the Power Plant. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. ITEM # __19___ DATE 06-28-22 COUNCIL ACTION FORM SUBJECT: OILS, LUBRICANTS, AND FLUID ANALYSIS CONTRACT FOR FLEET SERVICES AND TRANSIT BACKGROUND: Fleet Services and CyRide currently purchase oil and lubricants from a single contract. Oils and lubricants are purchased to replenish Fleet’s parts inventory. Therefore, oils and lubricants used for services of the operating departments’ fleet vehicles an d equipment are billed to the respective departments as a pass-through cost. CyRide maintains its own inventory of required oil and lubricants and uses them to maintain CyRide’s vehicles Combining oil and lubricant purchases allows Fleet Services and CyRide to leverage the combined volumes to receive more favorable pricing. This contract also includes oil analysis kits to assist staff with properly maintaining vehicles. The current contract’s final renewal period expires June 30, 2022. The expiring contract is with Diamond Oil company, Des Moines Iowa. In preparation for contract expiration, the Purchasing Division released a Request For Quotations (RFQ) on April 19, 2022 with quotes due May 5, 2022. The RFQ establishes an initial contract for purchases between July 1, 2022 and June 30, 2023 and has the option for up to four additional twelve -month renewal periods. Four companies submitted bids. Staff evaluated the bids based upon the estimated annual usage and the evaluated totals are below. Bidder Evaluated Total Diamond Oil Company, Des Moines, IA $80,926.93 Allied Oil & Supply, Inc, Omaha, NE $85,507.66 Ottsen Oil Company, Inc, Cedar Rapids, IA $101,887.01 Rilco Inc, Rock Island, IL $106,342.04 Staff reviewed bids and determined that the low bid from Diamond Oil Company of Des Moines, IA represents the best value to Fleet Services and CyRide. In comparison to the contract expiring June 30, 2022, the proposed FY 2022/23 contract represents a 22% cost increase. These costs will be passed on to operating departments as the oils and lubricants are consumed in the course of routine maintenance. ALTERNATIVES: 1. Award a contract for the purchase of oils, lubricants, and fluid analysis to Diamond Oil Company of Des Moines, IA, in accordance with unit prices bid, for fiscal year 2022/23 with the option of four additional twelve month renewal periods. 2. Reject the bid from Diamond Oil Company and award the contract to one of the other bidders. 3. Reject all bids and direct staff to purchase oils and lubricants on an as-needed basis. CITY MANAGER’S RECOMMENDED ACTION: This contract allows oils and lubricants to be purchased leveraging the combined volume of supplies used by Fleet Services and CyRide in order to realize the lowest possible cost to the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM #: 20 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR TRANSIT ADVERTISING SERVICES BACKGROUND: CyRide’s current bus advertising contract will end on July 30, 2022, with all available annual renewals exercised. CyRide’s share of the contract’s gross advertising sales revenue has been 60%, with a $250,000 minimum annual guarantee during this contract. In the last two years, the Transit Board amended the contract to remove the guaranteed minimum payment due to the impact of the COVID-19 pandemic. In preparation for contract expiration, CyRide, with assistance from the Purchasing Division, released Request for Proposal (RFP) 2022-171 on June 2, 2022, with proposals due June 16, 2022. CyRide expected at least two res ponses for this procurement; however, it received a single response from Houck Advertising of Shoreview, MN. A second firm indicated they would not respond due to the preferred advertising medium for CyRide’s bus system. The result of Houck Advertising’s b id is detailed below. Houck Transit Advertising Year CyRide Revenue Share Minimum Annual Guarantee Year 1 60% $175,000 Year 2 60% $185,000 Year 3 60% $195,000 Year 4 (Optional Renewal) 60% $200,000 Year 5 (Optional Renewal) 60% $205,000 Total Revenue (end of 3 years) $555,000 Potential Total Revenue (end of 5 years) $960,000 Based upon evaluation of the bid and Houck Advertising’s revenue generated over the last two contract periods, Houck Advertising’s response was found to be favorable. Houck Advertising’s guaranteed revenue would generate $175,000 in advertising revenue for the next fiscal year and $555,000 over the next three fiscal years. At their meeting on June 22, 2022, the Transit Board approved award of contract to Houck Transit Advertising. ALTERNATIVES: 1. Approve award of contract to Houck Advertising of Shoreview, MN, for a contract period of July 31, 2022, through June 30, 2025, with the possibility of two additional twelve-month renewal periods. 2. Reject award of contract and direct staff to proceed according to City Council priorities. CITY MANAGER’S RECOMMENDED ACTION: Awarding the contract to Houck Advertising for the exclusive rights to sell advertising on CyRide buses will maximize advertising sales revenue for CyRide. Houck Advertising is familiar with CyRide’s buses and advertising policies and has provided quality service to CyRide during the current contract period. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. ITEM#: 21 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: EMERGENCY UTILITY REPAIR AND OTHER SERVICES BACKGROUND: Repair of the City’s public utilities can require larger or more specialized equipment and additional labor than what is available from the responding City departments. During these times, it is necessary to respond quickly to restore the utility’s level of service and protect life and property. Local contractors can provide these services at a better cost to the City of Ames. The Purchasing Policy requires sealed bids to pre-arrange contractor services to be available on an “on-call” basis. A bid package was assembled seeking hourly rates for various services that are utilized by several City departments during emergency and unplanned events. These include events such as: water main breaks, storm sewer damage or collapse, sanitary sewer damage or collapse, buried electric line failures. The bid amounts reflected below are the sum total all of the individual hourly rates for equipment and personnel that the companies are offering. The basis for award of the contract is the cumulated total of the hourly rates. The bid package established rates for a 12-month period with two optional 12-month renewals. Bids were received on June 17, 2022, as follows: Bidder Bid Amount Because the City-wide total for this emergency and unplanned work between the various City departments typically exceeds $60,000 annually, City Council approval is required. The actual amounts paid will be based on invoices received for services actually provided during the course of the contract. These services will be billed to the appropriate City department’s operating budget, where funds have been budgeted for the services under this contract. ALTERNATIVES: 1. Award the Emergency Utility Repair and Other Services Contract for date of award through April 1, 2023 to Ames Trenching and Excavating of Ames, IA. 2. Award the Emergency Utility Repair and Other Services Contract to another vendor. CITY MANAGER’S RECOMMENDED ACTION: Utility repair and related services are needed by City departments on an emergency basis from time to time. These services are vital to the City’s response to emergency and unplanned situations to restore utility services and protect life and property. This bid provides for the selected vendor to be available to respond to the City’s needs at predictable hourly prices and in accordance with performance requirements in the agreement. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. Total Price $2,760.00 Total Price $7,220.00 Total Price $11,110.00 Line #Description QTY UOM Unit Extended Unit Extended Unit Extended 1 1 EA 2 Mobilization 1 EA $100.00 $100.00 $750.00 $750.00 $3,000.00 $3,000.00 3 1 EA $200.00 $200.00 $275.00 $275.00 $193.00 $193.00 4 1 EA $200.00 $200.00 $275.00 $275.00 $232.00 $232.00 5 1 EA $250.00 $250.00 $500.00 $500.00 $315.00 $315.00 7 Tracked Loader (40,000 lbs class)1 EA $200.00 $200.00 $500.00 $500.00 $228.00 $228.00 8 Tandem Axle Dump Truck 1 EA $120.00 $120.00 $750.00 $750.00 $215.00 $215.00 9 Utility Repair Crew (3 person)1 EA $240.00 $240.00 $750.00 $750.00 $450.00 $450.00 10 Trench box 1 EA $300.00 $300.00 $200.00 $200.00 $2,500.00 $2,500.00 12 Potholing for buried utilities 1 EA $200.00 $200.00 $450.00 $450.00 $300.00 $300.00 13 1 EA 14 Mobilization 1 EA $100.00 $100.00 $750.00 $750.00 $2,500.00 $2,500.00 15 Crew (2-person)1 EA $160.00 $160.00 $375.00 $375.00 $300.00 $300.00 16 1 EA $200.00 $200.00 $275.00 $275.00 $232.00 $232.00 17 Skid Loader 1 EA $140.00 $140.00 $225.00 $225.00 $175.00 $175.00 18 Backhoe 1 EA $180.00 $180.00 $375.00 $375.00 $190.00 $190.00 19 Tandem Axle Dump Truck 1 EA $120.00 $120.00 $600.00 $600.00 $215.00 $215.00 21 Black Dirt 1 EA $25.00 $25.00 $85.00 $85.00 $30.00 $30.00 22 Topsoil 1 EA $25.00 $25.00 $85.00 $85.00 $35.00 $35.00 Ames Trenching & Excavating Communication Data Link Keller Excavating, Inc. 2022-173 - Page 1 1 ITEM # ___22__ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: ELECTRIC METER SUPPLY CONTRACT RENEWAL BACKGROUND: This proposed action is for the purchase of standard residential single phase, AMR (Automated Meter Reading) residential single phase, AMR poly phase, and AMR programmable demand socket type electric meters to meet the needs of the Electric Services Department inventory. These meters will be purchased from an Electric Services Technical Services Division inventory asset account and charged to the appropriate operations accounts as the meters are put into use. On August 25, 2020, City Council awarded two contracts for the purchase of various meters: groups 1, 3, and 4 of the bid were awarded to Vision Metering and groups 2, 5, and 6 were awarded to Van Wert Company. These contracts included a provision that would allow the City to renew each contract for up to two additional one-year terms. The contract renewals would be the second and final optional renewal terms. The renewal period is from July 1, 2022, through June 30, 2023. Both Vision Metering and Van Wert Company offer a 0% increase on contract pricing for the 2022/23 fiscal year. Under this contract, electric meters would be purchased at the City’s discretion, which may be quarterly or on an as-needed basis. This provides the City with flexible inventory management and helps to reduce the need for storage space. Bid prices plus applicable sales taxes are paid directly by the Utility. Funds for the meters will be used from the Operating Expense account, which contains a budgeted amount of $119,579 for FY 2022/23. Council should note that no contract amount is being authorized at this time, since purchase orders will be made as these meters are purchased. ALTERNATIVES: 1. a. Approve renewal of the contract to Vision Metering, York, South Carolina, for the purchase of electric meters in Groups 1, 3, and 4 in accordance with unit prices bid. b. Approve renewal of the contract to Van Wert Company, Grundy Center, Iowa, for the purchase of electric meters in Groups 2, 5, and 6 in accordance with unit prices bid. c. Authorize staff to purchase electric meters from these contracts as needed, with payments based on unit prices bid and actual quantities ordered, plus applicable sales taxes, in a total amount not to exceed $119,579. 2. Reject all bids and purchase electric meters on an as needed basis at unpredictable prices. 2 CITY MANAGER'S RECOMMENDED ACTION: It is important to purchase electric meters at the lowest possible cost, together with timely deliveries, with minimal risk to the City to meet customer needs for new service or emergency replacements. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 1 ITEM # __23___ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: ELECTRIC SERVICES FUEL SUPPLY CONTRACT RENEWAL BACKGROUND: This contract is for the purchase of #2 ultra low sulfur diesel fuel for Electric Services. The utility has a 250,000-gallon main fuel tank located at the Dayton Substation to fuel the two GT (gas turbine) units. The utility’s two gas turbines could burn 250,000 gallons of fuel in a 60-hour time period, requiring larger refill volumes and quick refills should an emergency dictate that they stay on-line. The scope of work for this contract includes supplying fuel to the gas turbines units as needed. Suppliers were asked to provide pricing in the form of a markup or markdown to the daily-published “rack” average fuel price at the Des Moines, Iowa, terminal for stated products. On August 27, 2019, City Council awarded the contract to Diamond Oil Company, Des Moines, Iowa to provide these services. The contract includes a provision that would allow the City to renew the contract for up to four additional one -year terms. The proposed renewal contract would be the third of the four optional terms. The renewal period is from July 1, 2022, through June 30, 2023. The renewal terms do not have any price increases. The goal of the contract is to create efficiency and flexibility in the purchase of a valuable commodity, ensuring that the City is able to use opportunity purchasing and to lock i n performance criteria for the suppliers. The approved FY 2022/23 operating budget includes $300,000 for this fuel purchase. Council should note that actual cost invoices will be based on the amount of fuel purchased and the price of the fuel at the time of purchase. Typical fuel usage over a one-year period is estimated to cost $200,000. However, due to uncertainty in the utility environment as a result of COVID, staff is keeping a higher volume of oil on hand than is typical, which may result in higher costs during this contract year. It should be noted that under the Diamond Oil contract, the Power Plant can take delivery from two distinct points: Buckeye and Magellan. The fuel from Buckeye meets General Electric specifications. Fuel from Magellan is received from many different refineries, which could potentially result in a fuel blend that differs slightly from the General Electric specifications. Therefore, the Buckeye fuel is the primary delivery point. However, staff received prices from Magellan in case fuel is urgently needed and it is unavailable from Buckeye. 2 ALTERNATIVES: 1. Approve renewal of the contract for supplying diesel fuel to the City’s gas turbine units to Diamond Oil in a total amount not to exceed $300,000, with the options for pricing to be computed as a: a. (-$0.0062) deduct off of the Magellan “rack” fuel price, or, b. $0.0163 increase off of the Buckeye “rack” fuel price. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: This contract will offer the City flexibility in fuel purchasing and maintain standards of performance for fuel content and fuel delivery. Detailed ordering and delivery procedures will also be part of this contract. The actual contract amount will be based on the actual quantities delivered from each potential source. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1a-b as stated above. 1 ITEM # __24___ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: ASBESTOS MAINTENANCE SERVICES FOR POWER PLANT – CONTRACT RENEWAL BACKGROUND: This contract involves the removal and proper disposal of asbestos insulation at the City’s Power Plant, including Units 5 and 6 (both retired) and operating Units 7 and 8. The two retired units and Unit 7 are primarily insulated with asbestos type insulation. Unit 8 is considered “asbestos free" excluding some gasket material and steam pipe insulation around the turbine. In addition, other equipment and piping located in the Power Plant has been insulated with asbestos type insulation. Asbestos removal is an ongoing process. Each year Electric Services estimates how much asbestos can be removed from the Power Plant based on location and impact on plant operations. The Power Plant benefits from having a service contract with a company that provides both routine and emergency asbestos remediation services. These services include removal and disposal of asbestos containing insulation, as well as the remediation/ encapsulation of identified areas or areas where an encapsulated surface is damaged. Asbestos must be removed and disposed of per State and Federal regulations before retired equipment can be physically removed. In addition, asbestos should be removed or encapsulated in areas where employees will be working. On July 23, 2019, Council awarded a contract to Earth Services & Abatement, LLC, Des Moines, IA for the asbestos maintenance services contract. This contract included the option for the City to renew in one-year increments for up to four additional years. The period from July 1, 2022 through June 30, 2023, is the third of the four renewal periods, subject to Council approval of funding for asbestos removal. The contract’s rate provision increases 3% for both Labor and Travel & Subsistence. The FY 2022/23 rates are shown on Attachment 1. The benefits of having a contract for these services in place include the following: 1) Consistency of work and quality from a single contractor. 2) Reduction in the City’s exposure to market forces regarding prices and availability for labor, travel, and supplies in preparation for a scheduled outage. 3) Rapid contractor mobilization to start emergency repairs, thus reducing generation downtime. 4) Saved City staff time obtaining quotes, evaluating bids and preparing specifications and other procurement documentation. 2 The approved FY 2022/23 Power Plant operating budget includes $150,000 for this contract. Invoices will be based on contract rates for time and materials for services actually received. ALTERNATIVES: 1. a. Approve contract renewal with Earth Services & Abatement LLC, Des Moines, IA, for the Asbestos Maintenance Services Contract for Power Plant for the one-year period from July 1, 2022, through June 30, 2023, in an amount not-to-exceed $150,000. b. Approve a performance bond in the amount of $150,000. 2. Do not renew the agreement and direct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: Asbestos removal and encapsulation are an on-going effort, since most of the old equipment at the Power Plant was insulated with asbestos. This contract establishes rates for service and provides for guaranteed availability, thereby setting in place known timing and rates. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. FY 2019/20 Rates Contract 2019-141 Asbestos Remediation and Related Services Supply Contract for Power Plant Contractor: DESCRIPTIONSupervisor 81.37$ 122.06$ 162.74$ ApprenticeForemanJourneymanTechnicianAsbestos Worker 70.04$ 105.06$ 140.08$ Subsistence:Travel:Materials: Rate per U/M$250/each$250/each$140/tonCost + 10% Labor Rates Proposed Price Increase for Renewal Periods: Misc. Tools & Equipment Rates: Description Earth Services & Abatement LLC Des Moines, Iowa $75.19 per person per day$51.05 per person ACM PullACM Landfill Contractor: DESCRIPTIONSupervisor 83.81$ 125.72$ 167.62$ ApprenticeForemanJourneymanTechnicianAsbestos Worker 72.14$ 108.21$ 144.28$ Subsistence:Travel:Materials: $250/each$250/each$149.80/tonCost + 10% Labor RatesTravel & Subsistence:3% per year3% per year ACM ContainerACM PullACM LandfillRentalsSmall tools included in cost of labor $77.45 per person per day$52.58 per personCost + 10% Contractor: DESCRIPTIONSupervisor 86.33$ 129.49$ 172.65$ ApprenticeForemanJourneymanTechnicianAsbestos Worker 74.31$ 111.46$ 148.61$ Subsistence:Travel:Materials: $250/each$250/each$149.80/tonCost + 10% Labor RatesTravel & Subsistence:3% per year3% per year ACM ContainerACM PullACM LandfillRentalsSmall tools included in cost of labor $79.77 per person per day$54.16 per personCost + 10% Caring People  Quality Programs  Exceptional Service 515.239.5105 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org City Clerk’s Office MEMO To: Mayor and Members of the City Council From: City Clerk’s Office Date: June 24, 2022 Subject: Contract and Bond Approval There is no Council Action Form for Item No. 25. Council approval of the contract and bond for this/these project(s) is simply fulfilling a State Code requirement. /drv Item No. 25 1 ITEM # __26___ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: UNIT 8 – PRECIPITATOR ROOF REPLACEMENT - CONTRACT COMPLETION FOR HENKEL CONSTUCTION COMPANY BACKGROUND On June 23, 2020, City Council approved preliminary plans and specifications for the Unit 8 – Precipitator Roof Replacement. This project is for the replacement of the Electric Power Plant Unit 8 Precipitator Roof. Degradation to the current roof caused water leakage throughout the Power Plant during seasonal rainfalls and snowmelts. A contract was awarded on September 8, 2020, to Henkel Construction Company from Mason City, IA in the amount of $487,784 (inclusive of Iowa sales tax). There was one change order to the Henkel Construction Company contract. Change Order No. 1: On February 9, 2021, Change Order No. 1 was to decrease the purchase order by $13,000 (inclusive of Iowa sales tax) for value engineering credit for approved equals of materials. All the requirements of the contract have been met by Henkel Construction Company and the Engineer has provided a certificate of completion. Final expenditures to Henkel Construction Company of Mason City, IA are in the total amount of $474,784 (inclusive of sales tax). Funding for the Unit 8 Precipitator Roof was originally budgeted in the 2015/2016 Capital Improvements Plan (CIP) in the amount of $230,000. At the time the contract was awarded, staff reported that funds to finance the shortfall of $244,784 ($474,784 - $230,000 = $244,784) were available from the Power Plant Fire Protection CIP project. This CIP project contains an unused balance of $652,000 as a result of modifications to the fire protection designs and priorities. ALTERNATIVES: 1. Accept completion of the contract with Henkel Construction Company of Mason City, IA for the Unit 8 Precipitator Roof Replacement. 2. Delay acceptance of this project. 2 CITY MANAGER’S RECOMMENDED ACTION: The project has now been completed in accordance with the approved plans and specifications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. Smart Choice Public Works Department 515.239.5160 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160 ♦ Fax 515-239-5404 June 10, 2022 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Hayden’s Crossing 2nd Addition Financial Security Reduction #5 Mayor and Council Members: I hereby certify that a portion of the public sidewalk required as a condition for approval of the final plat of Hayden’s Crossing 2nd Addition has been completed in an acceptable manner by various homebuilders. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be set at $13,250.00. The remaining work covered by this financial security includes installation of public sidewalk, a pedestrian ramp, and street trees. Sincerely, John C. Joiner, P.E. Director JJ/cc cc: Finance, Planning & Housing, Subdivision file Item No. 27 Hayden’s Crossing 2nd Addition Financial Security Reduction # 5 June 10, 2022 Page 2 Caring People  Quality Programs  Exceptional Service 515.239.5105 main fax MEMO To: City Council From: John A. Haila, Mayor Date: June 24, 2022 Subject: Ames Resident Police Advisory Committee (ARPAC) Appointments Overview: In accordance with the adopted recommendations from the “Ames Policing - A Path Forward” report, the City Council established the Ames Resident Police Advisory Committee (ARPAC) in Section 2.50 of the Municipal Code. As with City Boards and Commissions, the Mayor is responsible for appointing residents to the committee, subject to confirmation by the City Council. The ordinance contains two requirements that are unique to this committee: 1. When presenting a prospective Committee member for City Council approval, the Mayor shall include a statement describing the rationale for selecting the appointee. 2.The members of the committee shall be representative of the diversity of the community, insofar as practicable. Applicant Selection Process: Sixty-three (63) applications were received. Using the requirements outlined in the ordinance, staff and I met, evaluated each application, and selected eight (8) individuals to be interviewed. One of the candidates ended up withdrawing due to ARPAC time commitments. Topics discussed during the personal interviews (lasting 30-45 minutes each) included, but were not limited to: •Motivation for serving on ARPAC •Understanding ARPAC’s role, purpose, and ordinance requirements •Personal views of law enforcement and the Ames Police Department •Time commitments for serving on the committee and variety of topics to be covered during the first 5-6 months of ARPAC training. Item No. 28 At the conclusion of the interview process, I was impressed with each candidate’s sincerity, expressed dedication to objectivity, desire to serve the Ames community through ARPAC, and willingness to commit personal time to participate in extensive training. I could not be more pleased with the caliber of applicants, and I believe they will be an outstanding inaugural ARPAC group. The list of recommended appointees meets the intent of the ordinance’s “diversity of the community” requirements: • Age range: (1) 18, (1) 33, (2) 44, (1) 47, (1) 57 and (1) over 65 years old • Race/ethnicity: (1) Asian American/Pacific Islander, (2) Latino, (2) Black, and (2) white • Gender balance: (4) females, (3) males • LGBT community representation: (1) individual List of recommended individuals to appoint and terms: The ordinance sets forth that individuals who have served six (6) consecutive years may not be reappointed. According to the ordinance, terms will conclude March 31, with new terms beginning April 1, in alignment with other boards and commissions. However, with this being the inaugural committee, I am proposing these initial terms to start on July 1, 2022, and with staggered initial terms to establish a workable reappointment cycle. It is my honor to present, and recommend, to City Council the following individuals to appoint and their initial terms: One (1) year term (through March 31, 2023) – eligible for reappointment for up to two (2) more 3-year terms Roberto Dubiel Emily Rebollozo Two (2) year term (through March 31, 2024) – eligible for reappointment for up to two (2) more 3-year terms Virginia Speight Chunhui Xiang William Arce Three (3) year term (through March 31, 2025) – eligible for reappointment for up to one (1) more 3-year term Edna Clinton Tim Rasmussen Smart Choice 515.239.5101 main 5.239.5142 fax 15 Clark Ave. IA 50010 w.CityofAmes.org MEMO To: Mayor and Ames City Council From: Steven L. Schainker, City Manager Date: June 24, 2022 Subject: Cyclone Welcome Weekend The Saturday before the first day of Iowa State classes has become known as “801 Day.” As you are aware, this unofficial “celebration” has morphed into a raucous day-long event that has resulted in numerous complaints from residents in the community. Fearing that some of the behavior exhibited during this day will result in injury to the participants, the Mayor, Police Chief, and I have been working with ISU President Wintersteen and her administrative staff in an attempt to create a new event that will encourage more positive behavior on this day. As a result of these discussions, the University is planning to introduce a new program entitled, “Cyclone Welcome Weekend” on Friday, August 19th and Saturday, August 20th. This two-day event will be designed to welcome new and returning students to Ames and ISU at the start of the 2022-23 academic year through fun and safe events. Events being considered include entertainment, sporting competitions, games, food experiences, and access to deals and discounts throughout the City, just to name a few. While the bulk of the responsibility for this event will reside with Iowa State University, the City has been asked to assist in the following four ways to help ensure a fun and safe weekend. Item No. 29 1. Contribute $5,000 towards the cost of hosting the Cyclone Welcome Weekend matched by a $5,000 contribution each from the Ames Chamber of Commerce and ISU. The City’s contribution could be approved from the City Council’s Contingency Account to help the University to defray a small portion of their overall costs for the welcoming event. 2. Change the Municipal Code to increase the penalties for a nuisance party during the first weekend prior to the start of ISU classes from $100 for first violation and $200 for any repeat violation to $750 for the first violation and $1,000 for any repeat violation. The City Attorney could be asked to prepare an amendment to the Nuisance Party ordinance to reflect the increased fines. The staff would suggest that this amendment be worded more broadly to impose the higher fines for other times of the year, but only with prior approval from the City Council. 3. In the University-Impacted neighborhoods where there is alternative-side parking, change the Municipal Code to allow for an illegally parked car to be towed immediately during the first weekend prior to the start of ISU classes. Here again, the City Attorney could be asked to prepare an amendment to the Parking ordinance that would specify those specific streets where immediate towing would be allowed during this welcoming event and, perhaps, other situations where prior City Council approval is obtained. 4. In order to facilitate exposure of the ISU students to other major entertainment, social, shopping areas in the City, assign a CyRide bus to an express route from the Memorial Union to the Farmers Market from 9:00 a.m. until 1:00 p.m. and from the Memorial Union to the Mall from 1:00 p.m. until 5:00 p.m. during the first weekend prior to the start of ISU classes. I have been advised that CyRide cannot provide a shuttle that runs a direct route between the Union, the Farmer’s Market, and the Mall, because it could be construed as a charter. In general, before any public transit system receiving Federal Transit Administration (FTA) funding, like CyRide, can provide this type of charter service, all of the 89 registered private charter operators in the Ames area must receive an opportunity to provide the service. The goods news is that CyRide could market the Red route service. On Saturday, August 20, this standard fixed route runs every 20 minutes from West Ames to the Mall, following a route that is very close to a direct route between the three locations. Service on this route starts at 7:00am and operates until 10:00pm. This route would be free to ISU students as part of their activity fees. (See Attached Route Map) As promised, Ex-Officio City Council Liaison, Bryce Garman, attempted to obtain feedback from the ISU Student Government chief officers. The comments from the three who responded to his request included: “The main concern that I have is towing immediately. If we do that when there are a lot of people around, then this will create more problems. I think immediate fine with the possibility of towing on Sunday would be more beneficial!” “To be completely honest, I don't see the "Cyclone Welcome Weekend" really working that well. The increased fines and such are probably a good start, though I am worried enforcement may end up hitting those that aren't actually the source of problems, but that's an enforcement issue rather than a policy one. The events and such though I don't think will draw many away from the 801 day parties, and, while there will be engagement, it won't be the students and individuals that are the ones causing problems. I think the money that will be spent on the welcome weekend won't really go that much towards actually stopping or curbing the growing issue of out of control parties. Some way to try and combat non-ISU students coming to party may be the biggest thing.” “President Ludwig: As for the penalties for parties, I do have some hesitancy. The 500% increase, while a deterrent in theory, may not work as a deterrent unless people in the community are very aware of the policy, which I suspect these houses will not be. If the city is going to move to this new fine structure, I would like to know if they intend to communicate with houses that have a history of violations. Similarly, I am curious if there is a plan in place to communicate the new parking regulations for that weekend. In previous discussions with Chief Newton, I was under the impression that there were plans to communicate with these neighborhoods and put up signs, but I didn't see anything in the memo provided and want to be sure. Other than communication concerns, I am hopeful that our efforts will improve safety and reduce noise complaints during this first weekend back.” Given the large number of citizen complaints we receive during this weekend, and the stress it places on our Police Department to respond to the excessive number of calls for service, this attempt to redirect the focus of this weekend is worthy of our support! ISU Downtown River Valley Park Stuart N. Smith Park Arbor- etum Homewood Golf Course Inis Grove Park N o r t h D a k o t a A v e . Do u g l a s A v e . Ke l l o g g A v e . Bu r n e t t A v e . Cl a r k A v e . Gr a n d A v e . Gr a n d A v e . Gr o v e So u t h D a k o t a A v e . Un i v e r s i t y B l v d . Ru s s e l l A v e . H a y w a r d A v e . Sh e l d o n A v e . St a t e A v e . Wi l m o t h A v e . Fr a n k l i n A v e . B e e d l e Do t s o n D r . We l c h A v e . St a n t o n A v e . Ly n n A v e . A s h A v e . B e a c h A v e . H a z e l A v e . Oa k A v e . Du f f A v e . Ma p l e A v e . Hy l a n d A v e . Ca m p u s A v e . B i s s e l l R d . Ho w a r d A v e . M a r s h a l l A v e . Lincoln Way Mortensen Rd. E. Lincoln Way 7th St. 5th St. Main St. 9th St. 11th St. 12th St. 13th St. 14th St. 16th St. 24th St. 22th St. 20th St. Cl emens Blv d . Coch ra ne Todd Dr. Northwestern Ave. Northwood HyVee Ames CommunityPreschool DOTHilton ColiseumHyVee Beyer State Gym Ames IntermodalFacility The SocialWest Ames Station Meadow Wood Apts. AmesMiddle School Westbrook Terrace TheCore Maple-Willow-Larch MemorialUnion Student Services CyRide Mary Greeley Hospital McFarland Clinic City Hall C.Y. StephensAuditorium North GrandMall Walmart NorthwoodPreschool Center S tei nb e ck St. RED ROUTE 1 Effective August 19, 2019 Red Route (All days) Timepoint Bus Stops Bus Stops Transfer Points Last updated 8/7/19 1 ITEM #: __30___ DATE: 06/28/22 COUNCIL ACTION FORM SUBJECT: REQUEST TO AMEND AMES PLAN 2040 WITHIN FRINGE AREA FOR BROCK PROPERTY IN BOONE COUNTY AT 2359 210TH STREET BACKGROUND: At its June 14, 2022 meeting, City Council reviewed a staff memo regarding a proposal to split property owned Anthony Brock and Suzanne Leaf-Brock at 2359 210th Street in Boone County. Council directed staff to place this matter on a future agenda. The property owners requested in a May 2022 letter that City Council consider a land use change related to natural areas. The letter was submitted by Joseph Wallace representing the property owners. (See Attachment A – Location Map, Attachment B- Fringe Area Land Use Designation & Attachment C 2022 Letter Requesting Land Use Change). In May 2021, the property owners first approached the City regarding subdivision of this property. However, the City Council determined that it was not appropriate to take action because Ames Plan 2040 was not yet complete. Now that the Ames 2040 Plan is adopted the owners would like this matter considered again. The Ames Plan 2040 land use designation for the property and policies of the Fringe Plan have not been substantially changed since the initial request. Mr. Wallace explained in his most recent letter to Council that the property owners would like to split the existing 21-acre property into two parcels with one parcel being 6.5 acres and the second parcel would be a 14.5-acre flag lot. One house has recently been built on the site. Access for both proposed sites would be from 210th Street. The preliminary sketch has access for the flag lot adding a crossing of Onion Creek. The primary issue with the proposal is the division of land within the Natural Resources designation, which is inconsistent with the policies of Ames Plan 2040. The property currently has two land use designations, which are primarily Natural Area and small amount of Rural Character. The Natural Area designation encompasses the majority of the property with only the northeast area designated as Residential Character. The Natural Area designation is based upon the flow of Onion Creek through the site and its related wooded areas and slopes. Onion Creek is a tributary that flows through the Fringe area and connects to Ioway Creek within Ames. The requested Rural Character classification is intended to cover broad development patterns, not individual house sites. Plan 2040 describes the designation as applying to areas of existing large lot and acreages generally lacking in urban infrastructure or services that is located within the subdivision jurisdiction of Ames but outside the Urban Reserve where urban infrastructure expansion is not expected. Activities in Rural 2 Character areas may also include rural commercial, limited agriculture or limited industrial uses that contribute to rural character. This area may also contain some conservation areas or fringe overlays in areas where residential uses might be existing or permitted. Ames Plan 2040 describes Natural Area as intended for areas in the fringe that in clude forested land, floodplain, wetlands and sloped areas. The existing property has a significant amount of land that qualifies as Natural Area on it. Exceptions do exist near the southern portion of the property where row crop land is located and the fa r northeastern portion of the property near the north property line . Natural Areas are not intended to have additional homes built on them and thus do not permit property splits. Ames Plan 2040 does not encourage converting Natural Areas into designations that allow for development. Ultimately, subdivisions are not supported in Natural Areas and the creation of new residential homes are not supported as a result. Granting the change of land use here could set a precedent for the future that results in not being able to sustain the integrity of the land use plan in Ames Plan 2040 and the Urban Fringe Plan in rural areas within two miles of Ames. This is vital to ensuring that the vision of the Ames 2040 Comprehensive Plan and Urban Fringe Plan is realized. ALTERNATIVES: 1. Decline the request and retain the existing Land Use Designations on this property. No future subdivision of the natural area would occur. 2. Initiate the requested action by the property owner for a Rural Character land use classification amendment on the southern portion of the property near 210th Avenue. Note-Subsequent to approval of a land use amendment the property owner would need to pursue a rural subdivision and propose waivers to City Subdivision standards for approval by the City Council to create the desired additional lot. 3. Refer this request to City staff for further information. CITY MANAGER’S RECOMMENDED ACTION: The applicant requests the City of Ames change the Land Use Designation on the property at 2359 210th Avenue in Boone County inside the Ames Urban Fringe area. Along with this change, the applicant would later also request waivers to the City’s subdivision standards to allow for rural development by splitting the lot. It is likely the outcome of the request would be the construction of one additional home. The Ames 2040 Comprehensive Plan has now been finalized. However, no expansion of Ames is planned for this area as part of the Plan, but that does not mean that intensified 3 rural development is expected either. This is especially true in relation to Natural Areas. Staff believes, upon review of the Ames 2040 Comprehensive Plan and current Urban Fringe Land Use Designations, that the request cannot be supported by these policies. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. 4 Attachment A – Location Map Site 5 Attachment B – Fringe Area Land Use Map from Plan 2040 Brock Property 2359 210th Street Area for Change 6 Attachment C- May 2022 Letter 7 8 Attachment C- Continued 9 1 ITEM #: ___30__ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: EXTENSION OF AMES URBAN FRINGE PLAN 28E AGREEMENT BACKGROUND: Under state law the City has extended subdivision review authority within two miles of the City of Ames. Ames approved a Fringe Plan in 2006 to guide land use and subdivision policies within the two-mile Fringe Area. Ames has entered into a 28E cooperative agreement for administration of the Fringe Plan between Story County, Ames, and Gilbert. The initial agreement was adopted in July 2011 and had a ten-year term. On June 9, 2020, Ames City Council agreed to extend the 28E Agreement until July 11, 2022. The extension was intended to allow time for the City to complete Ames Plan 2040 and to then proceed with an update to the Fringe Plan. The City of Ames approved Plan 2040 in December 2021. One implementation measure of Plan 2040 is to update the Fringe Plan to align with Ames Plan 2040. At its February 15, 2022 meeting, the City Council reviewed priorities for a Fringe Plan update based upon growth areas and urban reserve designations of Plan 2040 as well as priorities outlined by Story County Board of Supervisors. City Council directed staff to work with Story County to prepare an update to the Ames Urban Fringe Plan based upon both sets of priorities. City and County staff worked together to p repare a draft Ames Urban Fringe Plan and staff presented an overview of the draft Plan and Land Use Map to City Council on April 24. The Draft Plan was made available for public review on May 16th. Information about the draft Plan can be found on the Story County website. County and city staff attended three public comment meetings regarding the draft Fringe Plan Update. Story County also hosted an online map comment tool. The public comment window for the Draft Plan closed on June 14. The initial public meeting at the Ames Library and via Zoom had over 125 attendees. Two follow up workshops (Gilbert and South Ames) had over 50 attendees as well. County staff is cataloguing the specific comments about the draft Plan and related land use map. 2 With the initial review of comments, staff has identified five primary themes to the public comments: 1. Concerns about protection of environmental areas along Worle Creek 2. Concerns from Meadow Glen neighborhood being forced to annex to the City 3. Concerns that Urban Reserve Overlay has too restrictive of standards for divisions 4. Concerns that Story County would limit conditional uses with the Urban Reserve Overlay to preserve future compatibility when annexed. 5. Concerns about annexation policies within the Urban Reserve Overlay Staff will provide all written comments received during the public input process to the City Council for their review at later meeting this summer. Specific policy questions and direction on changes to the draft Plan itself will be discussed at the future meeting. Story County Board of Supervisors will also review the comments and make recommendations for changes to the draft at a later date this summer. In addition to the public comment, a letter from the Mayor of Gilbert was emailed to Story County on June 22 requesting changes to the draft Map that would designate lands north of 190th Street as exclusively area to be annexed to Gilbert. This area in the Draft Plan was designated as Urban Reserve Overlay and could be annexed by either Ames or Gilbert. However, the position expressed by Gilbert would be inconsistent with Ames Plan 2040, since the area between 190th and 180th Streets is shown in Ames Plan 2040 as Urban Reserve, intended as area for future growth of Ames. 28E AGREEMENT EXTENSION: At the outset of the project to update the 28E agreement, staff was optimistic that the update could be accomplished before the expiration of the current Plan on July 11 or shortly thereafter. Based upon tentative schedules to review public comments late in July and to revise the Plan for final approval later this summer, it will not be possible to agree to a new 28E prior to the expiration of the current agreement. Extending the 28E means that annexation policies and subdivision policies of the current Fringe Plan would continue to apply within Story County. It would not implement the policies of Ames Plan 2040. Therefore, new areas identified for growth within Plan 2040 would not be eligible for annexation if a petition for annexation was submitted to the City. 3 An extension must also be agreed upon by all three cooperators to the 28E agreement. If City Council chooses to approve an extension, the Board of Supervisors would also consider an extension at its July 5 meeting, and Gilbert City Council is scheduled to meet on July 11. The 28E would be effective as of the date of the last signature, but would need to be filed with the Secretary of State within 30 days. County staff and city staff estimates that three to four months, or until November 2, 2022, are still needed to complete all the remaining next steps as shown below: Remaining Next Steps 1. Review Public Comments 2. Direct staff on changes to the Draft Plan to proceed with a Final Plan 3. Update of Plan to reflect direction given to staff 4. Hold hearing with Planning and Zoning Commission to adopt the Plan 5. Hold a hearing with the Governing Body to adopt the Plan and approve a new 28E agreement If any of the parties declines to approve the extension of the 28E agreement, it would expire on July 11, 2022. In that instance, Ames would rely upon its Ames Plan 2040 Growth and Land Use Element to guide land use decisions and annexations. The 2006 Fringe Plan would no longer be relevant. Work on an update of the Fringe Plan could continue as described above, assuming the other parties intend to continue to participate in the update. In the meantime, the City would apply its subdivision authority to all division within two miles of the City. City authority over divisions would mean the City would either apply our subdivision code standards to a project or waive our standards on case-by-case basis. City review authority would apply to all boundary line adjustments, plats of survey, and subdivisions within two- miles of Ames. This would likely result in a handful of additional Plat of Survey reviews for the City that are currently reviewed solely by Story County. This process would be the same as the City uses to review subdivisions occurring in Boone County, where Ames and Boone County do not have an agreement. 4 ALTERNATIVES: 1. Adopt a resolution: a. Approving an amendment to the 28E Agreement, modifying the expiration date to November 2, 2022 b. Requesting that Story County and Gilbert also approve the agreement to extend the 28E agreement c. Submitting the signed agreement to the Iowa Secretary of State by August 10, 2022. 2. Allow the 28E Agreement to expire, but direct staff to continue to work on a Fringe Plan Update as described within the Next Steps of this report. 3. Approve an extension of the 28E to a different time than November 2, 2022. 4. Allow the 28E Agreement to expire, and direct staff to discontinue work on an update with Gilbert and Story County. CITY MANAGER’S RECOMMENDED ACTION: Extending the Fringe Plan 28E for a limited amount of time could limit consideration of annexation proposals that would be consistent with Ames Plan 2040 . However, staff is also not aware of any pending annexation petitions that are planned to be submitted within one of the new growth areas of Plan 2040 that would otherwise be inconsistent with the Fringe Plan. Staff does not favor a lengthy extension due to these potential limitations. Therefore, it the recommendation of the City Manager that City Council adopt Alternative #1, as described above. 1 ITEM #: 32 DATE: _06-28-22_ COUNCIL ACTION FORM SUBJECT: AMENDMENT TO THE DOWNTOWN FAÇADE GRANT PROGRAM REGARDING GRANT ELIGIBILITY FOR THE REHABILITATION OF HISTORICALLY SIGNIFICANT, CHARACTER-DEFINING FEATURES 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 to 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. Attachment 5 is the specific Eligibility Criteria. The program is designed to operate with two application cycles. The first cycle is typically in the summer. If there are funds remaining after first round awards, then a second application round occurs in the winter/spring. The summer grant round is intended to provide funding for new projects with one grant per building. The second round is intended to fund both new projects and potentially second façades for properties that have previously received a grant. Staff has regularly had inquiries from property owners about including a variety of work within the scope of the grant that relates to historic features. Often this work is viewed as maintenance and is not eligible for the façade grant. As a result of the listing of Downtown on the National Register of Historic Places, staff recommended as part of its work plan 2 that City Council consider changes to the façade program that may help maintain the integrity of existing, historic, character defining features. Council gave direction on May 24th to proceed with amending the program to include eligibility for the rehabilitation of historically significant, character-defining features within the priorities of Downtown Façade program. This category of façade improvement for historic rehabilitation is proposed to include the repair of original windows, including transom prism glass, and distinctive features such as cornices that might be at risk of removal (Attachment 4). The intent of the modification to the façade grant program is that it will incentivize property owners to retain and rehabilitate important architectural elements related to a front façade rather than replace them. For example, in 2021, it was estimated that restoring and rehabilitate a prism glass transom window on the Octagon would cost $15,000. Replacing the transom with modern glass would cost roughly $5,000. Neither rehabilitation nor replacement of a feature already complying with the Downtown Design Guidelines are grant-eligible as they are considered maintenance. If the restoration were an eligible expense with the 50% match requirement, the building’s owners could only receive a $7,500 in grant funding. CURRENT GRANT APPLICATION PROCESS: Two grant periods are planned for each fiscal year, funds permitting. 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 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 front 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. PROPOSED PROGRAM AMENDMENT: At the May 24th meeting, Council directed staff to amend the Downtown Façade Program by tying grant-eligible rehabilitation work to a non-rehabilitation grant for the first round of funding (fall) and allowing for a stand-alone rehabilitation grant in the second round of funding (spring). Restated, this means: - Fall: The rehabilitation grant may only be applied for in conjunction with work eligible for the standard grant, meaning in combination with an already eligible 3 activity. Two grants may be awarded for a total of $30,000 for one façade ($15,000 for compliance with Downtown Design Guidelines and $15,000 for rehabilitation of historically significant, character-defining features). - Spring: The grant option also applies to historically significant, character-defining features by themselves, and need not be in conjunction with other work. Grants can be awarded independently for significant features, for a maximum of $15,000. No other changes to the Downtown Façade Grant Program are proposed, including for administration, documentation, and scoring system Attachment 2 gives an overview of the current and proposed grant processes. ALTERNATIVES: 1. The City Council can approve the change to the Downtown Façade Grant Program to include funding for historically significant, character-defining features as described within Attachment 2. 2. The City Council can deny the change to the Downtown Façade Grant Program to include funding for historically significant, character-defining features. 3. The City Council can direct staff to make additional changes to those proposed here. CITY MANAGER’S RECOMMENDED ACTION: As currently structured, the Downtown Façade Grant cannot be used for maintenance. Rather, the grant is intended to bring non-compliant façades into compliance with the adopted Downtown Ames Design Guidelines. This has meant that certain historic features have been lost from several buildings, including prism glass transoms windows from the Sheldon-Munn Hotel. Staff supports the modification to the grant program to include historically significant, character-defining features as this will promote the preservation of building façades in Ames. Therefore, it is the recommendation of the City Manager that the City Council act in accordance with Alternative #1. 4 Attachment 1 – Eligibility Map 5 Attachment 2 – Revised Downtown Façade Grant Review Requirements for Downtown Design Guidelines 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. This does not permit approval of grants for maintenance activities. ▪ Residential structures and buildings owned by the government, churches and other religious institutions are not eligible. ▪ No façade grant shall exceed $15,000. ▪ The Ames Planning Division shall administer the Grant Program and prepare eligibility requirements, terms, and application forms for the program as necessary to implement the Façade program effectively. Downtown Design Guidelines 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 the summer, as early as June. ▪ Staff will review and score applications and report to City Council in late summer for awarding grants. ▪ Projects may then start in the fall and be potentially completed before the holiday shopping season or completed the following year. 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 the winter for projects to be implemented the following spring/summer. While façades on Main Street and front 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. 6 Requirements for Rehabilitation of Historically Significant, Character-Defining Features ▪ The work must retain and restore the architectural feature related to the building’s historic significance. Examples include original windows, transoms, decorative cornices. Maintenance activities of a building are not eligible. ▪ The architectural features must relate to the front façade. ▪ The building must be a contributing structure to the National Register Ames Main Street Historic District or otherwise an individually listed Historic Resource on the National Register. Rehabilitation Program Logistics Two grant periods will be planned for each fiscal year. First Grant Period The Rehabilitation Grant may only be applied for in conjunction with work eligible for the standard grant. A property may be awarded a total of $30,000 for one façade ($15,000 for compliance with Downtown Design Guidelines and $15,000 for rehabilitation of historically significant, character- defining features). Only one Rehabilitation Grant may be approved for a property in this round. 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 the summer, as early as June. ▪ Staff will review and score applications and report to City Council in late summer for awarding grants. ▪ Projects may then start in the fall and be potentially completed before the holiday shopping season or completed the following year. Second Grant Period A Rehabilitation Grant applies to historically significant, character-defining features by themselves, and need not be in conjunction with other work. Grants can be awarded independently for significant features, for a maximum of $15,000. Conditions of Grant Approval for All Grants ▪ Grantees must receive a notice to proceed from the City prior to starting work. ▪ Grantees must apply for a notice to proceed within nine months of approval of the grant. ▪ Construction must be completed within one year of issuance of the notice to proceed. ▪ Any required building code and/or safety improvements to a structure must be completed before grant work proceeds or before grant funds are paid. ▪ If a Grantee does not move forward with a project consistent with the Program’s Eligibility and Terms, including the program logistics, the award will be considered forfeited. 7 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 FAÇADES (such as Café Diem): OTHER FAÇADES (such as Wheatsfield): ▪ Display windows ▪ Quality materials ▪ Transoms ▪ Façade modulation ▪ Masonry (includes removing cover-up) ▪ Fenestration ▪ Upper floor windows ▪ Roof ▪ Parapet and cornices ▪ Awnings ▪ Awnings and canopies ▪ Building entrances ▪ Entrance ▪ Kickplate 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 8 Attachment 4 Examples of Historically Significant, Character-Defining Features Octagon Transom 9 Attachment 5 Downtown Façade Grant Eligibility & Terms 1. Eligibility Requirements • Eligible participants include the owners and/or tenants of buildings located inside the boundaries of the project area for the Downtown Design Guidelines, which contain Office Uses or Trade Uses as defined by the Ames zoning ordinance. • Ineligible participants include the owners and/or tenants of residential structures and buildings owned by the government, churches and other religious institutions, to the extent prohibited by State and Federal guidelines. • Concurrence of the property owner is required, in writing, before improvements proposed by the tenant can be considered for approval. • Improvements must be made to one or more of the façades of a building and the design of such improvements must comply with the current Downtown Design Guidelines. • For Historic Façades, grant money will be provided for replacing existing compliant elements only when the proposed project also includes replacing non-compliant elements with compliant elements. This is distinguished from Rehabilitation Grants. • For other existing buildings whose design is not consistent with the Historic Façades as described in the Downtown Design Guidelines, grant money may be provided for additions or alterations that comply with the section “Other Buildings” in the current Downtown Design Guidelines. • Grants may be offered if all non-compliant elements of the entire façade or of all façades intended to be improved are not to be improved under one grant project. However, the improvements must contribute to a project that, when complete, will be generally consistent with all design standards. To determine this, an application must include elevation plans for all façades intended to be improved showing how they are intended to look when complete. • For all projects for which all improvements will not be completed under the grant, the scope of proposed improvements for the grant shall be visually significant in the context of how the whole building is intended to look when all improvements to the façade are complete. The City may approve a grant based upon a proposed improvement’s contribution to the finished product, and may deny a grant for improvements that, while compliant in part, are not visually significant in terms of how the overall building is intended to ultimately look when all improvements to the façade are complete. • If a project is phased, a grant shall be offered only to those improvements that are done in correct sequence of construction. For example, a finished project may require installing or changing windows, in some cases siding is installed after windows are in place. In such cases the windows would need to be replaced before grant monies may be expended on siding materials. 10 2. Terms of the Grant Agreement • Accounts and Records. The grant recipient shall maintain books, records, documents, and other evidence pertaining to all costs and expenses incurred and revenues acquired under the grant to the extent and in such detail as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services, and other costs and expenses of whatever nature for which payment is made with the proceeds of the grant. The grant recipient will retain these records for three years from the date City makes payment of the grant. • Administrative Costs. No grant proceeds shall be used for administrative expenses. • Amendments. These Program guidelines, terms and conditions may be amended from time to time by the Façade Program Coordinator for reasons of operational efficiency or unforeseen circumstances that may arise or conflict with applicable City or State regulations affecting the administration of the Program. • Amount of the Grant. The maximum amount of the grant will be $15,000. (Exceptions may be approved by the City Council on a case-by-case basis.) • Complaint/Dispute Resolution Process. Any dispute arising between the grant recipient, property owner(s), consultant(s), or contractor(s) regarding the grant application, its terms and execution of work under the grant will be resolved through the Façade Grant committee and the Façade Program Coordinator. The decision of the Façade Grant committee will be final and binding on all parties. • Cost Sufficiency. The City does not make any warranty, either expressed or implied, that the proceeds of the grant available for payment of the costs of the project will be sufficient to pay any specific portion of the costs that will be incurred in that connection. The City is under no obligation to advance funds in addition to those specified in the grant approval by City Council. • Disbursement of Grant. Grant funds shall be disbursed to the grant recipient only upon the satisfactory completion of the project in accordance with a design for the project that has been approved by the City. The amount of the payment to the grant recipient will be one-half of the total cost of the work approved for the grant as documented by the bills submitted by the grant recipient, but shall not exceed the total grant amount approved by the City Council. • Fees of a Design Professional. When included in the grant application, the City shall make a grant of up to $1,000 to reimburse the grant recipient for the documented fees of a design professional other than the grant recipient or family member of the grant recipient. The applicant may also be eligible for Main Street Iowa Design Assistance. Contact the Main Street Cultural District for further information. 11 • Inclusions and Omission. The requirements and regulations for Program administration outlined in the grant design guidelines, terms and conditions are designed to supplement and amplify the provisions as set forth in the applicable zoning and building code regulations administered by the City of Ames. These regulations, utilized together with the grant guidelines, terms and conditions, provide the basis for Program administration. The lack of any item to be included in these guidelines, terms and conditions shall not relieve or release the grant recipient(s), property owner(s), consultant(s), contractor(s) or City from the responsibilities under the provisions outlined in the applicable zoning and building codes and Program guidelines, terms and conditions. • Matching Funds. The grant recipient’s expenditures for the project from sources other than the proceeds of the grant shall equal the amount of the grant proceeds. • Notice to Proceed. After the City has approved all design elements, all required permits and received the W-9 form, the City will issue a Notice to Proceed. No work funded by the grant shall proceed until on or after the date of the Notice to Proceed. No reimbursement from grant funds will be made for work carried out before the date of the Notice to Proceed. • Permits. All pertinent permits must be obtained and all work must comply with City, State, and Federal regulations. • Report of the City Building Official. The City Building Official shall determine if the work conforms to all applicable codes and regulations, and that any and all pre-existing code defects in the building façade have been corrected to conform to all appropriate codes. • Request for Payment. The grant recipient shall submit to the City on a form provided by the City a listing of all bills for the materials and work completed and a statement that all work under the approved grant has been completed and that the listing is complete. The grant recipient shall also submit evidence as may be reasonably required to substantiate all payments that are requested, such as lien waivers or conditional lien waivers. • Statement of Work and Services. The grant recipient will perform the work in a satisfactory and proper manner, as determined by the City conforming to the approved application, project budget, and project schedule. • Tax Payer Identification Number. After City Council awards grants, all grant recipients are required to provide to the City a copy of Internal Revenue Service Form W-9 Request for Taxpayer Identification Number and Certification. The City will only issue a Notice to Proceed after it receives the W-9 Form. • Time of Project Completion and Fund Request. The work approved for the grant shall be completed within twelve months of the date of the “Notice to Proceed.” The grant recipient shall request grant funds only after the project has been completed in accordance with the approved application. • Use of Grant Funds. The grant funds shall not be spent on any other purpose(s) than the activities approved in the application. • Failure by the grantee to comply with terms of eligibility may result in forfeiture of award. 12 1 ITEM # ___33___ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: ENGINEERING SERVICES FOR NUTRIENT REDUCTION MODIFICATIONS AT WATER POLLUTION CONTROL FACILITY BACKGROUND: In early 2019, Council approved the results of a Nutrient Reduction Feasibility study. The study recommended the following course of action. “The Ames WPCF Nutrient Reduction Feasibility Study recommends an integrated strategy that … would transition the Ames WPCF from an existing trickling filter/solids contact process to a future biological nutrient reduction process, incorporating one of three alternative technologies; simultaneous nitrification denitrification, carbonaceous activated sludge, or granular activated sludge. In doing so, the Ames WPCF would provide capacity for projected flows and loadings and would progressively achieve compliance with the 2013 Iowa Nutrient Reduction Strategy. The transition would occur in three phases over the next 20 years to take advantage of the remaining useful life of existing facilities, most notably the trickling filters.” The Feasibility Study formed the basis for developing the adopted FY 2022 – FY 2027 Capital Improvements Plan (CIP). That plan includes funds for the Phase 1 Nutrient Reduction Modifications ($11,395,000) as well as a significant WPC Headworks Modifications ($10,754,000) project. Because there is an important connection between the headworks and the downstream nutrient removal processes, staff has chosen to include the headworks modifications in the nutrient removal project’s Scope of Work. On April 4, 2022, staff released a Request for Proposals for engineering services to complete the design and bidding phases of the Phase 1 Nutrient Reduction Modifications and the Headworks Modifications projects. The RFP required that the technical proposal be provided in one envelope, and the cost proposal be provided in a separate, sealed envelope. On May 5, 2022, a total of three proposals were received. A nine-member internal team comprised of operations, maintenance, engineering /technical, and managerial staff each independently reviewed and scored each proposal. The scoring was done using a rubric that was prepared prior to the RFP being issued and that was shared with the proposing firms in advance so they could be certain of the areas that were most important to the City. 2 The internal nutrient team met and discussed each proposal in detail. Following that discussion, each team member revealed their individual ratings for the three proposals. The results of that ranking are shown below, reflecting the average score from all raters. Strand HDR SEH General Firm Profile 30 pts max 26.2 24.6 21.9 Proposed Project Team 100 pts max 81.8 77.6 70.2 Specific Proposal Elements 15 pts max 12.6 12.8 11.8 Overall Impression 5 pts max 4.4 4.1 3.9 Overall Firm Score 150 pts max 125.0 119.1 107.8 The green shaded boxes indicate the firm rated highest in each of the four general rating categories (there were multiple rating factors in each category); the yellow indicates the firm ranked second; and, the orange shading indicates the firm ranked third. Once the scores were tabulated, the cost proposal envelopes were opened for all three firms. The evaluation that next took place was to answer the question “Based on the scope of work that the highest rated firm proposed, does their fee appear to be reasonable in comparison to the other highly rated firms?” As shown in the table that follows, the highest rated proposal belonging to Strand Associates was found to be the lowest cost proposal and had an overall average rate ($/hour) that was very competit ive when compared to the other two proposals. 3 Strand HDR SEH Overall Firm Score 150 pts max 125.0 119.1 107.8 Proposal Fee $1,489,000 $1,814,773 $1,935,200 # of Hours 8,082 9,444 10,096 Average Hourly Rate (Fee / # of hours) $184.24 $192.16 $191.68 With the above information, staff concluded that Strand Associates was the recommended design firm for the WPC Nutrient Modifications Phase 1 project. Members of the departmental Nutrients Team next made reference calls, talking to project managers with cities where Strand has performed similar work in the recent past. The references were all positive, and mirrored Ames staff’s own experience working with Strand on the WPC Digester Improvements, Old Water Plant Demolition, and other projects. Staff met three times with Strand to review in detail the specific elements of their Scope of Work. While the overall plan to carryout the design and bidding phase proposed by Strand was very thorough, there were additional elements that staff felt were important to be added based on the experience gained during the design of the new Water Treatment Plant. Those items include: • The addition of a second day-long technology selection workshop with staff. • Participation in site visits to other facilities to investigate technology and equipment alternatives. • The development of an updated 3D site plan for the entire WPC facility that incorporates the new construction and an updated base layer of the remaining existing infrastructure. • The addition of a $20,000 allowance, that can be accessed only under staff’s direction, in case there are unusual challenges or issues that arise when working with the Iowa DNR to obtain construction permits. • Assisting the City in updating the headworks loading, local limits, and high strength surcharge rates to appropriately incorporate the capabilities of the new treatment 4 process. This is a requirement of the recently issued NPDES permit for the WPC Facility. • Inclusion of an additional “constructability” review at the roughly 50% design complete stage. • The addition of an additional staff workshop to prepare the operations and maintenance staff for the construction phase. It will include topics such as: work sequence; maintaining operations and compliance during construction; communication channels; and other day-to-day challenges during a construction project of this magnitude. • More frequent updates of the 3D design models, virtual “fly through” videos, and cost estimates. • The addition of an on-site preconstruction workshop with potential bidders. Following those review discussions, Strand was asked to update both their formal Scope of Work and their fee proposal to incorporate the above additions requested by staff which totalled an additional $166,000. Therefore, the updated fee for Strand Associates’ design and bidding services is a lump sum fee of $1,655,000, plus $20,000 hourly services for extraordinary permitting assistance as needed. Staff and Strand have worked to define the scope as completely as possible without building in an over-abundance of contingency or “just-in-case” hours of work. Where possible, the scope calls out reasonably anticipated contingencies with funds that can only be spent at the direction of staff. However, it is important for Council to note that the Scope of Work is likely to change during the design phase as the details of the project become better defined. As an example, it is not known at this point in time if the incoming electrical service to the treatment plant will need to be upgraded as a result of the project. It won’t be until about the midway point in the design before specific equipment and the associated electrical loads are known. Staff explicitly asked Strand to not include the design effort for a new service entrance at this point. If it is later determined to be necessary, that can be added to Strand’s Scope of Work via a change order. The initial Scope of Work being recommended to Council covers only the design and bidding phases of the project. Construction phase services will be added once the actual construction plan is finalized. Also, there will be additional technical services that will be provided under separate contracts to other firms (such as geotechnical services, special inspections, and any environmental assessments or investigations). The CIP includes estimated engineering and technical services for this project to be $3,578,000. That estimate includes the design and bidding services covered by this agreement, as well and the later construction phase services and those technical services mentioned in the paragraph above that will be provided under other contracts. 5 ALTERNATIVES: 1. Approve the professional services agreement with Strand Associates of Madison, WI, for the WPC Nutrient Modifications Phase I Project in a lump sum amount of $1,655,000 plus on-call services at staff’s direction billed on an hourly basis not to exceed $20,000. 2. Direct staff to negotiate a different scope of work with Strand Associates. 3. Direct staff to negotiate an agreement with one of the other two proposing firms. 4. Do not award a contract at this time and provide direction to staff on the desired approach to complying with Iowa’s Nutrient Reduction Strategy. CITY MANAGER’S RECOMMENDED ACTION: The FY 2022-2027 Capital Improvements Plan includes Phase I of the WPC Nutrient Reduction Modifications and the WPC Headworks Modifications, wi th funding available to start design after July 1, 2022. City staff solicited proposals for design services using a “two-envelope” process where each firm submits a technical proposal in one envelope and a cost proposal in a second, sealed envelope. Thre e proposals were received and were evaluated by a nine-person departmental team. The preferred technical proposal was submitted by Strand Associates. After opening the fee proposal envelopes, Strand was also found to have the lowest fee. Staff then worked with Strand to add some tasks to the Scope of Work, and Strand provided an updated fee to incorporate staff’s requests. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving the professional services agreement with Strand Associates to provide design and bidding phase services in a lump sum amount of $1,655,000 plus on-call services at staff’s direction billed on an hourly basis not to exceed $20,000. ITEM #: 34 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: APPROVE FIXED BASED OPERATOR CONTRACT FOR AMES MUNICIPAL AIRPORT BACKGROUND: On April 1, 2017, The Ames Municipal Airport changed its Fixed Based Operator (FBO) to Central Iowa Air Service (CIAS). Since this was the first time the City had done business with CIAS the contract was limited to five years, expiring on June 30, 2022. Over the last five years, CIAS has done an exceptional job operating the airport. There have been numerous positive comments from our local airport users, as well as those visiting Ames. CIAS also has hosted several highly attended community events at the Airport. Also, their staff are active members of the Ames Chamber and support other local business owners. TERM OF CONTRACT WITH FBO: For the last several months, City Staff and the CIAS have been negotiating a new long- term FBO contract to begin July 1, 2022. It is structured with an initial 15-year period (July 1, 2022 to June 30, 2037), with the City’s option to extend the contract for another 15 years under the same terms (July 1, 2037 to June 30, 2052). This extended lease will allow the FBO to potentially invest in the growth of their business here in Ames. The term of the agreement is listed in Section 2 of the attached contract. REQUIRED SERVICES (SECTION 1A): The first important section of the contract to highlight is Section 1 which outlines all the following services that must be provided by the FBO: • Itinerant aircraft storage services for City owned tie‐down areas and hangar facilities. • Aircraft ramp services (towing, parking guidance, etc.). • Maintenance, repair, and servicing of aircraft (routine and preventative maintenance, physical and mechanical repair, etc.). The Operator will also operate an FAA Certificated Repair Station at the Airport. • Management, coordination, or performance of airport maintenance (mowing, snow removal) as specified in Section 1.B of this agreement. • Maintenance and minor repair (interior and exterior) of Airport buildings owned by the City per standards set out in Section 17 of this Agreement, including, but not limited to, the Terminal, Hangars, and Ramp areas. • Management of subleasing of space approved by the City within City owned facilities. • Provide commercial aircraft fueling (100LL & Jet A) and oil/lubricant dispensing; operating the fuel farm for the storage, handling, and delivery of aviation fuel products. Jet A and 100LL must be available via fuel truck provided by FBO. • Management and minor maintenance of public facilities available for pilots and passengers (i.e. flight planning amenities, pilot lounge, passenger waiting area, courtesy car, etc.) per standards set out in Section 17 of this agreement. • Emergency service to disabled general aviation aircraft (i.e. towing/transporting disabled aircraft within the Airport grounds as shown in Exhibit A). • Monitor and respond to all UNICOM radio communications with the Airport, answer phones, respond to all forms of electronic communication, and greet Airport customers during normal or extended hours of operation (see Section 8). • Provide, maintain, and service a minimum of two crew cars for customer use. • Monitor the condition of airport facilities, which shall include but not be limited to all runways, taxiways, taxi lanes, tie-downs, ramps, and any associated lighting/navigation aids owned by the City, parking lots, and perimeter roads, and airport stormwater facilities. • Monitor and report all deficiencies on the Airport and provide feedback regarding the City’s annual maintenance activities and capital programs. • Provide flight training, including the establishment of a Part 141 certified flight school at a date mutually agreed to by the parties of this Agreement. • Provide a range of aircraft rentals that is market appropriate to promote the growth of General Aviation users. • Provide a range of Air Taxi/Charter at various price points to meet the full range of customer needs at the Ames Airport, including turbine charter aircraft. • Provide Aircraft Sale services either self-performed or by contract with a third-party provider. • Provide on-site Rental car services or make arrangements for vehicle delivery to the Airport. • Upon request, provide off‐hours, on‐call flight, and fueling services. • Snack bar in the Terminal Building (as part of the Owner’s vending contract) • Miscellaneous retail (pilot supplies, promotional clothing, etc.). • Provide Avionics Repair through a contract or third-party provider. • Provide Jet (Turbine) Engine maintenance either self-performed or through a third- party provider. • Specialized maintenance related to aviation services as determined by the Owner. The FBO is not authorized to provide any other services at the Ames Municipal Airport under the terms of this agreement. Any proposals to perform additional services or activities, or to delete any of the required services specified in this section, must receive written authorization from the City before the commencement of such additional service or activity or deletion of service. The required services shown above shall be provided during the minimum hours of operation, as follows: Monday-Friday 6:00 – 19:00 Saturday, Sunday 7:00 – 19:00 The Operator shall have the right to set special hours of operation based on time of year, or on holidays observed by the Owner. WINTER AND SUMMER MAINTENANCE (SECTION 1B): While the City is responsible for providing equipment, parts, and fuel for the pieces of equipment used at the Airport; the FBO will operate and perform minor maintenance on the equipment as well as perform mowing, trimming, and snow & ice removal on the City- owned property at the Airport. This is arrangement is beneficial to the City as it keeps costs down, and beneficial to the FBO as it provides them the equipment they need to keep the Airport open year-round and in a safe operating condition. The contract in Section 1B specifies the existing Airport equipment and the anticipated replacement schedule for each. • Single-Axel Dump Truck (with Plow) = Ten (10) Year Cycle • Pick-Up Truck (with Plow) = Five (5) Year Cycle • Tractor (with Bat-Wing Mowing Deck) = 20 to 25 Year Cycle • Zero-Turn Mower = Five (5) Year Cycle PAYMENTS TO THE CITY FOR OPERATING THE AIRPORT (SECTION 3): The FBO is provided several facilities to provide the required services at the Airport, some of which generate revenue to their private business, such as selling fuel, servicing aircraft, or conducting flight training (Terminal Building/Itinerant Hangar/T Hangar Buildings/Maintenance Shop/Ramp Service Building/Old Terminal Building/Fuel Farm). In return for use of these City-owned facilities, the FBO is also required to pay an annual fee. For the first five years of the contract the fee is specified below: Fiscal Year Fixed Fee The contract provides for two five-year lease rate adjustment periods, one on July 1, 2027, and the other on July 1, 2032, which will be adjusted using the Consumer Price Index for All Urban Consumers (CPI-U) from September of each 60-month (5 years) period. The contract shows a detailed example of this calculation beginning at the bottom of page 5 and continues at the top of page 6 of the contract. FUEL SALES (SECTION 4): The City owns two 10,000‐gallon underground fuel storage tanks. One holds 100LL and one holds Jet A. Fuel must be dispensed to aircraft via fuel truck(s) provided by the FBO. Fuel flowage rates will be paid by the FBO to the City on the 15th day of each month based on the volume dispensed the previous month at the following rates: A. Fuel flowage rate for Jet A: $0.08 per gallon B. Fuel flowage rate for 100LL: $0.08 per gallon At the time this agreement is extended on or before June 30, 2037, a new fuel flowage rate will be set by the City. ALTERNATIVES: 1. Approve the FBO Contract with Central Iowa Air Service. 2. Reject the contract and direct staff to modify the agreement per City Council’s direction. 3. Reject the proposed contract and direct staff to seek proposals from other companies to serve as the Airport FBO. MANAGER’S RECOMMENDED ACTION: By approving the proposed contract, the City and the FBO will be able to extend a mutually beneficial arrangement for operating the Airport. The fees generated from this agreement will serve as a critical revenue source for the Airport moving forward. In addition, it also will guarantee important services that the Airport needs to continue its high level of customer service for all Airport users. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 AMES MUNICIPAL AIRPORT FIXED BASE OPERATOR CONTRACT THIS AGREEMENT, effective the 1st day of July 2022, between the City of Ames, Iowa, owner of the Ames Municipal Airport (“Airport”), hereinafter referred to as the "Owner'' or “the City,” and Charles City Aeronautics, Inc., d/b/a Central Iowa Air Service, hereinafter referred to as the "Operator" or the “FBO.” Owner and Operator are “the Parties” to this Agreement. WITNESSETH: WHEREAS, the Ames Municipal Airport has been in operation since 1943 with the Ames City Council acting as the governing body that has authority over the Airport; and WHEREAS, the Owner desires to contract with the Operator for providing Fixed Base Operator (“FBO”) services at the Ames Municipal Airport hereinafter more fully described and located on said Airport upon the terms and conditions stated herein; and WHEREAS, The Operator will be responsible for complying with all terms and conditions contained within this contract in addition to the Airport Rules and Regulations; Minimum Standards and all other Local, State, and Federal rules which may apply; and all applicable Federal Aviation Regulations (FARs). The Operator must remain an active legal entity, and be licensed to do business in the State of Iowa; and WHEREAS, the Operator will be expected to create and enhance a positive aviation environment for the airport users and the Ames aviation community; and WHEREAS, the terms and conditions of this agreement shall state the mandatory activities of the Operator. NOW, THEREFORE, in consideration of the fees, covenants, and agreements as herein contained, the Owner does hereby provide to the Operator the premises identified in Section 3 and shown in Exhibit A attached hereto and made a part hereof, except that all premises are subject to the special conditions as stipulated in the following paragraphs. The Operator agrees to provide all services and responsibilities detailed herein. SECTION 1: REQUIRED FIXED BASE OPERATOR SERVICES A. The Operator shall provide the following required services shown below: 1. Itinerant aircraft storage services for City owned tie‐down areas and hangar facilities. 2. Aircraft ramp services (towing, parking guidance, etc.). 2 3. Maintenance, repair, and servicing of aircraft (routine and preventative maintenance, physical and mechanical repair, etc.). The Operator will also operate an FAA Certificated Repair Station at the Airport. 4. Management, coordination, or performance of airport maintenance (mowing, snow removal) as specified in Section 1.B of this agreement. 5. Maintenance and minor repair (interior and exterior) of Airport buildings owned by the City per standards set out in Section 17 of this Agreement, including, but not limited to, the Terminal, Hangars, and Ramp areas. 6. Management of subleasing of space approved by the City within City owned facilities. 7. Commercial aircraft fueling (100LL & Jet A) and oil/lubricant dispensing; operating the fuel farm for the storage, handling, and delivery of aviation fuel products. Jet A and 100LL must be available via fuel truck provided by FBO. 8. Management and minor maintenance of public facilities available for pilots and passengers (i.e. flight planning amenities, pilot lounge, passenger waiting area, courtesy car, etc.) per standards set out in Section 17 of this agreement. 9. Emergency service to disabled general aviation aircraft (i.e. towing/transporting disabled aircraft within the Airport grounds as shown in Exhibit A). 10. Monitor and respond to all UNICOM radio communications with the Airport, answer phones, respond to all forms of electronic communication, and greet Airport customers during normal or extended hours of operation (see Section 8). 11. Provide, maintain, and service a minimum of two crew cars for customer use. 12. Monitor the condition of airport facilities, which shall include but not be limited to all runways, taxiways, taxi lanes, tie-downs, ramps, and any associated lighting/navigation aids owned by the City, parking lots, and perimeter roads, and airport stormwater facilities. 13. The FBO will diligently monitor and report all deficiencies on the Airport and provide feedback regarding the City’s annual maintenance activities and capital programs. It is the intention of the City to maintain the Airport to have facilities that are safe and in a condition that reflects favorably on the City. 14. Provide flight training, including the establishment of a Part 141 certified flight school at a date mutually agreed to by the parties of this Agreement. 15. Provide a range of aircraft rentals that is market appropriate to promote the growth of General Aviation users. 3 16. Provide a range of Air Taxi/Charter at various price points to meet the full range of customer needs at the Ames Airport, including turbine charter aircraft. 17. Provide Aircraft Sale services either self-performed or by contract with a third-party provider. 18. Provide on-site Rental car services, or make arrangements for vehicle delivery to the Airport. 19. Upon request, provide off‐hours, on‐call flight, and fueling services. 20. Snack bar in the Terminal Building (as part of the Owner’s vending contract) 21. Miscellaneous retail (pilot supplies, promotional clothing, etc.). 22. Provide Avionics Repair through a contract or third-party provider. 23. Provide Jet (Turbine) Engine maintenance either self-performed or through a third- party provider. 24. Specialized maintenance related to aviation services as determined by the Owner. The Operator understands and agrees that no other services are authorized at the Ames Municipal Airport under the terms of this agreement. Any proposals to perform additional services or activities, or to delete any of the required services specified in this section, must receive written authorization from the Owner before the commencement of such additional service or activity or deletion of service. B. Maintenance of Airport Surfaces and Grounds 1. Mowing and Trimming. The Operator will assume responsibility for providing the mowing of all City-owned property at the Airport to standards agreed to by the Owner. In return, the Owner will provide maintenance equipment as defined in Section 1.B(3). 2. Snow and Ice Removal. The Operator will assume responsibility for providing the removal of snow and ice from, including but not limited to, the airside paved surfaces, drive aisles, sidewalks, and parking areas on the City-owned and shared property at the Airport. In return, the Owner will provide maintenance equipment as defined in Section 1.B(3). 3. Equipment for Airport Maintenance. The Owner will transfer the following equipment to the Airport for use by the Operator for maintenance of the Airport property; one (1) Single-Axel Dump Truck with Plow, one (1) Pick-Up Truck with Plow, one (1) Tractor with Bat-Wing Mowing Deck, one (1) Zero-Turn Mower. The owner will lease one (1) Loader and make it available to the Operator based on availability and priorities set by the Owner. The Owner will also work with the Operator to utilize Federal Aid grants 4 available to the Airport to purchase additional equipment dedicated to the Airport for snow removal activities when such funding is available and meets the priorities of the Owner. The equipment must be eligible for Federal Funds and have the approval of FAA prior to purchase of any equipment. 4. Upkeep and Replacement of Maintenance Equipment. The Owner agrees, when available, to transfer to the Airport equipment on the following schedule starting July 1, 2022 the existing equipment will be utilized and replaced on the following schedules: Single-Axel Dump Truck (with Plow) = Ten (10) Year Cycle Pick-Up Truck (with Plow) = Five (5) Year Cycle Tractor (with Bat-Wing Mowing Deck) = 20 to 25 Year Cycle Zero-Turn Mower = Five (5) Year Cycle The Owner agrees to reimburse the cost of all parts and fuel associated with a current list of Airport owned equipment. The Operator agrees to provide the labor for the maintenance of the equipment or assume the sole cost for any third-party maintenance services. The Operator agrees to use any Airport-owned equipment solely for Airport maintenance activities described within this agreement. In the event Airport equipment is operated off Airport property, the Operator agrees to provide proof of insurance and compliance with all applicable Iowa Laws. The Operator has the option to retain old equipment being replaced by the Owner. By doing so, the Operator agrees to do so at their sole expense (without reimbursement of parts or other maintenance. Including fuel costs, unless approved by the owner). The retained equipment is still the property of the Owner and can only be used for its original purpose. The Owner reserves the right to sell failed or unneeded equipment at its current market value and the proceeds of that sale will remain with the Airport. SECTION 2: TERM OF AGREEMENT The term of this contract shall commence on July 1, 2022, and end on June 30, 2037. Upon successful completion of the Agreement term, the Owner may choose to extend this agreement under the same terms through June 30, 2052, or renegotiate another contract with the Operator, or solicit competitive proposals. Owner shall not be obligated to extend this Agreement. This Agreement shall extend to and be binding upon the parties, their, successors, and assigns. SECTION 3: PAYMENT TO THE CITY FOR OPERATIONAL PRIVILEGE The following airport facilities are made available to the Operator (see Exhibit A): 5 A. 7,000 sq ft Terminal Building (Building A) B. 11,400sq ft Itinerant Hangar (Building B) C. 4 T‐Hangar Buildings – 52 Bays (Buildings F, G, H, I) D. 5,100 sq ft Maintenance Shop (Building E) E. 4,500 sq ft Ramp Service Building (Building D) F. 4,600 sq ft Office/Misc Space (Building C – Old Terminal) G. Fuel Farm – 10,000 gal 100LL, 10,000 gal Jet A (Southeast of Building A) The Operator shall provide and pay for all utilities used for the premises described above, including, but not limited to gas, water, electricity, sanitary sewer, telephone, and solid waste disposal. It is clearly understood between the parties that the Owner shall provide, at the Owner’s expense, all electrical energy necessary for runway lighting and navigational aids now and in the future. Subject to written approval by the Owner, the Operator may sublease any of the facilities listed above, excluding Buildings A and B, the Terminal, and the Itinerant hangar. Failure to obtain the written approval of the Owner shall be grounds for termination of this agreement. The Operator will take full responsibility for all costs associated with that third-party lease or assign those costs to the lessee. The Owner will reasonably maintain all facilities used for aircraft storage. The Operator agrees to maintain all sublet facilities at their sole cost in the same or better condition for the duration of this agreement. It is also understood and agreed to by the parties that Operator shall be responsible for paying any property taxes pertaining to the premises described above. Spaces within the Terminal Building designated for exclusive use by the FBO have been shown in Exhibit B. The Operator shall pay an annual fee as noted below, paid one-fourth quarterly in advance to the Owner, for the operational privilege and use of the facilities noted above: The annual fee schedule shall be adjusted every five years based upon a 60-month period of the Consumer Price Index – All Urban Consumers (CPI-U). Each five-year period will be calculated using the amount from the last year of the current period, multiplied by an inflationary factor determined by CPI-U data. The annual inflation factor shall not be less than 1.0. The annual fee for each year will be as rounded down to the nearest 100 dollars. The following is the annual fee schedule for the first five years of this agreement, and will be used to demonstrate how fees will be adjusted: 6 Divided by the CPI-U 60-months prior (from Sep. 2016) 241.428 Equals the five-year change 0.13620 Divided by the number of years in the fee schedule (5) 0.02724 Add one (1) to get the annual inflationary factor 1.02724 First year fee = $65,600 x 1.02724 = $67,386.92 As rounded down to nearest $100 = $67,300 Therefore, the fee schedule for the first five years is as follows: Calculated As Rounded July 1, 2022 - June 30, 2023: $67,386 $67,300 July 1, 2023 - June 30, 2024: $69,223 $69,200 July 1, 2024 - June 30, 2025: $71,108 $71,100 July 1, 2025 - June 30, 2026: $73,045 $73,000 July 1, 2026 - June 30, 2027: $75,035 $75,000 SECTION 4: PAYMENTS TO THE CITY FOR FUEL SALES The City owns two 10,000‐gallon underground fuel storage tanks. One holds 100LL and one holds Jet A. Fuel must be dispensed to aircraft via fuel truck(s) provided by the Operator. Fuel flowage rates will be paid by the Operator to the Owner on the 15th day of each month based on the volume dispensed the previous month at the following rates: A. Fuel flowage rate for Jet A: $0.08 per gallon B. Fuel flowage rate for 100LL: $0.08 per gallon At the time this agreement is extended on or before June 30, 2037, a new fuel flowage rate will be set by the Owner. SECTION 5: FAILURE TO MAKE PAYMENTS TO THE CITY In the event the Operator fails to make payments to the Owner in accordance with Sections 3 and 4 above within ten (10) days after the same shall become due, or in the event the Operator shall violate any of the terms or conditions of this agreement, and shall fail after a thirty (30) day notice in writing from the Owner to rectify such violation, Owner may, at its option, declare this agreement canceled and terminated and shall be entitled to immediate possession of the facilities reflected in Section 3. 7 SECTION 6: INSURANCE The Operator shall procure and maintain for the entire duration of the agreement at its sole cost and expense all insurance policies described below. All such insurance policies shall show on their face that the Operator is a named insured and that the City is named as an additional insured. Such insurance shall include coverage against liability for death, bodily injury, or property damage arising out of the acts or omissions of or on behalf of the Operator or involving any owned, non‐owned, leased or hired vehicle in connection with any of the obligations or activities of the Operator of the equipment, and shall be in the following categories and amounts: A. Comprehensive General Liability; $3,000,000 each occurrence B. Completed Operations/Products Liability; $1,000,000 each occurrence C. Hangarkeeper’s Liability; 1. $100,000 each aircraft 2. $300,000 each loss D. Premises Medical Payments; 1. $1,000 each person 2. $5,000 each accident All policies must include the City, its officers, agents, employees and volunteers as “Additional Insured” under its policies and must be endorsed to the applicable policy. The insurance coverage and limits are set at the sole discretion of the City and are subject to change or revision as the need arises. Policies shall not have an annual aggregate maximum or limit to the coverage, other than the limit of liability as shown on the face of the policy. The Operator shall furnish the Owner with certificates of insurance affecting coverage required by this section. The certification shall provide for 30 days notice of any material change or cancellation of the policies. When the Owner is added an additional insured, the Operator and the Insurers will include a provision that the additional insured status does not waive any of the defenses of governmental immunity available to the Owner under Iowa Code § 670.4 as it exists and as it may be amended. To the extent permitted by law, the Operator releases and waives the Owner, its employees, officials, and agents from any liability or responsibility to the Operator or anyone claiming through the Operator by way of subrogation or otherwise for any loss or damage to property or injury to person. 8 SECTION 7: SERVICE LEVELS A. Minimum Hours of Operation. The required services shown in Section 1 shall be provided during the minimum hours of operation shown below, seven days per week: Monday-Friday 6:00 – 19:00 Saturday, Sunday 7:00 – 19:00 The Operator shall have the right to set special hours of operation based on time of year, or on holidays observed by the Owner. B. Minimum staffing. The Operator shall have at a minimum one (1) front line personnel during the minimum hours of operation, and one manager on duty during the hours of 8:00 to 17:00, Monday through Friday. The manager will be available on-call all other hours of the week. The manager shall be able to, and be responsible for all employees, representing the Operator, and have the authority to provide the highest level of customer service. The manager shall be responsible for providing service answering phones and UNICOM radio, greeting visitors, and conducting business activities as outlined in the contract. The Operator shall have qualified maintenance personnel on the airport premises to provide services listed above a minimum of eight hours per day on all days except approved holidays and weekends. Service for flight training and charters shall be available by appointment with 24-hour prior notice to the Operator. C. Non-discriminatory Service. The Operator agrees to furnish service on a fair, equal, and nondiscriminatory basis to all users of the Ames Municipal Airport, and to charge fair, reasonable, and nondiscriminatory prices for each unit of service; provided, that Operator may make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers or multiple service users. D. Standards. The Operator understands that Owner considers the Airport and its facilities to be a main gateway into the City of Ames. Therefore, the Operator is expected to maintain all areas in a clean, safe, and professional manner. Also, the Operator is to train employees in a manner to enhance the image of the Owner and to routinely monitor their compliance in the areas of customer service and public relations. The Operator shall follow all provisions of the Minimum Operation Standards of the Airport. Failure of the Operator to maintain a professional and customer service-driven environment will be grounds for termination of this Agreement. E. Airport Promotions. The Operator shall provide a list of anticipated events to the Owner, which the Operator plans to undertake in the ensuing year to provide a positive aviation environment at the Ames Municipal Airport. The Operator agrees to provide regular updates, in writing, to the Owner for approval regarding any promotional event. The Operator shall be an active member of the Airport Advisory Board and will give reports 9 on the activity of the company's operations and the status of their promotional activities at each meeting. F. Customer Service. In keeping with the City's values, the Operator agrees to provide a positive customer service atmosphere to the users of the Airport. SECTION 8: FEDERAL AVIATION ACT OF 1958- SECTION 308 It is hereby agreed that nothing herein contained shall be construed to grant or authorize the granting of an exclusive right prohibited by Section 308 of the Federal Aviation Act of 1958 (49 USC § 40103)) as amended, and the Owner reserves the right to grant to others the privilege and right of conducting any one or all of the aeronautical activities listed herein, or any other activity of an aeronautical nature. SECTION 9: RULES AND REGULATIONS The Operator agrees that the Owner has the right to adopt and enforce reasonable rules and regulations and that the Operator and all its employees, agents, and servants will faithfully observe and comply with all rules and regulations as may be adopted by the City of Ames, the United States of America, or the State of Iowa. SECTION 10: ASSIGNMENT OR TRANSFER The Operator may not assign or transfer this Agreement, or any interest herein, or sublet the premises or any part thereof without the prior written consent of the Owner. Any attempt at assignment, transfer, or subletting without such consent shall be void, and at the option of the Owner, deemed sufficient grounds for the cancellation and termination of this Agreement. SECTION 11: OWNER CONTROL The Owner reserves the right, (but shall not be obligated to the Operator), to maintain and keep in repair the landing area of the airport and publicly owned facilities of the airport, together with the right to direct and control all activities of the Operator in this regard. The Owner reserves the right to take any action it considers necessary to protect the aerial approaches of the Airport against obstruction, together with the right to prevent the Operator from erecting or permitting to be erected, any building or other structure on the Airport, which in the opinion of the Owner, would limit the usefulness of the Airport or constitute a hazard to aircraft. 10 The Operator shall not act as an agent or represent itself as an agent for the City of Ames in matters between the FAA and the City of Ames except those regulations that apply to the Operator's flight operations activities. The Owner does not have authority to direct the work of the Operator’s employees. The Operator is an independent contractor. SECTION 12: OWNER IMPROVEMENTS The Owner reserves the right to develop further or improve the landing area and all publicly owned aviation facilities of the Airport as it sees fit, regardless of the desires or views of the Operator and without interference or hindrance. However, if the Ames Airport in its entirety is closed, or all runways at the Airport are closed, for thirty days or more, there shall be no payments due from the Operator, for a period beginning on the said thirtieth day until runways are open again. SECTION 13: NATIONAL EMERGENCY During the time of war or national emergency, the Owner shall have the right to enter into an agreement with the United States government for military use of part or all of the landing area, the publicly owned air navigation facilities and other areas or facilities of the airport. If any such agreement is executed, the provisions of this instrument insofar as they are inconsistent with the provisions of the agreement with the government shall be suspended. Any fees associated with such suspension shall also be suspended during the period of the above-described inconsistency. SECTION 14: RELATIONSHIP TO UNITED STATES GOVERNMENT This Agreement shall be subordinate to the provisions of any outstanding agreement between the Owner and the United States relative to the maintenance, operation, or development of the Airport. SECTION 15: NON-DISCRIMINATION The Operator will not, on the grounds of race, creed, color, sex, national origin, religion, ancestry, disability, sexual orientation or gender identity, or any category or classification protected by Local, State, or federal law discriminate or permit discrimination against any person or group of persons in any manner prohibited by Part 21 of the Regulations of the Office of the Secretary of Transportation. The Owner reserves the right to take such action as the United States government may direct to enforce this covenant. SECTION 16: ADVERTISING 11 The Operator agrees that no signs or advertising material shall be placed or erected upon the premises made available to the Operator in Section 3 without the prior consent of the Owner. All signs and advertising material shall be well maintained and in a readable condition. Any such sign or advertising material that is determined by the Owner not to be in conformance with the City of Ames advertising sign requirements shall be removed upon receipt of written notice. SECTION 17: FACILITY CONDITION AND MAINTENANCE The Operator accepts the premises and the buildings thereon in their present condition and will maintain the standards of professional aviation facilities. The Operator shall be required to ensure that all areas are maintained to those highest standards daily. The Operator agrees to perform minor daily maintenance and repair at its own expense. Minor daily maintenance and repair shall be defined as any activity necessary to continue the day to day operation such as normal cleaning and sanitizing, trash removal, minor repairs of light and electrical fixtures, plumbing fixtures, replacement of broken or defective parts, and general building cleanliness. The Operator shall furnish and direct all labor necessary to perform the required minor daily maintenance and repair. The Operator shall maintain supplies and cleaning of public restrooms and areas. The Operator shall inspect the Airport property daily, including property not made available under Section 3 of this Agreement, for any safety problems and report such problems to the Owner for repairs. The Operator shall provide temporary help to service any unusual Airport problem or Airport use or user when necessary. The Operator at all times shall take such action, as may be reasonably necessary and proper to safeguard persons and property at the Airport. The Owner may perform all major maintenance on Owner owned facilities and equipment. Major maintenance shall be defined, as any repair or maintenance required to correct a catastrophic failure or prevent a catastrophic failure from occurring. The Operator shall keep the premises and buildings in the same condition and repair as at the commencement of this agreement or better, excepting only normal wear and tear. Painting and carpet repair on all the premises will be the responsibility of the Operator. The Operator shall furnish and maintain appropriate fire extinguishers in all buildings, including tee hangars. The Operator shall keep the premises and buildings free of trash and debris, in and around all buildings, meet all ordinances of the City of Ames, which in any way may affect the premises, and keep the sidewalks adjacent to the property free and clear of ice and snow. Upon termination of this Agreement, the Operator shall yield up the premises and buildings to the Owner in the same condition as at the commencement of this Agreement, except only normal wear and tear and injury due to loss or fire not caused by negligence on the part of the Operator and except as specifically provided herein. The Operator will aid in the coordination of contracted maintenance activities to ensure the safety of air traffic activities and issue appropriate NOTAMS as necessary. 12 SECTION 18: USE OF ITINERANT HANGAR The primary purpose of the Itinerant Hangar reflected on Exhibit A is to house non-based aircraft at the Ames Municipal Airport on a temporary basis. In return for the annual fee to the Owner specified in Section 3, the Operator is allowed to establish and retain fees for the use of this facility. SECTION 19: INSPECTIONS The Owner reserves the right to enter upon all the premises granted to the Operator under Section 3 at any reasonable time for the purpose of making any inspection it may deem expedient. SECTION 20: EXPIRATION OR TERMINATION If the Owner believes that the Operator fails to provide adequate staffing as per this contract, fails to provide and implement an acceptable promotional plan, or fails to develop a fair and positive customer service atmosphere for the Airport users and the community, the Owner agrees to give written notice of such to the Operator. The Operator will then have 30 days to rectify the problem. If after 30 days, the problem has not been rectified to the satisfaction of the Owner, the Owner may terminate this Agreement upon giving the Operator 30 days written notice. At the expiration or termination of this Agreement, the Operator agrees to give peaceful possession of the premises in as good a condition as exists at the commencement of this Agreement, ordinary wear and tear excepted. SECTION 21: DEFAULT If there be any default in the payment in accordance with Sections 3 or 4 at the time as above stated, or if Operator shall break any of the covenants and agreements herein contained, or shall willfully or maliciously do injury to the premises or shall file a petition in bankruptcy or have an involuntary petition in bankruptcy filed against it or seek any other relief from creditors through a court of bankruptcy or make an assignment for the benefit of creditors, the Owner or its legal representatives shall have the right at any time thereafter, without notice, to declare this Agreement terminated and may then re-enter the premises and expel the Operator using such force as may be necessary, without prejudice to any remedies which the Owner may have to arrears for payment; and, it is agreed that upon the occurrence of any default by the Operator under this Agreement, the Owner shall have the right to distrain for fees due under Sections 3 and 4 and shall have a valid and first lien upon all shop equipment located upon the premises as security for the payment of such fees and other obligations herein provided for. The Operator agrees that after any default, it will not remove from the premises any of its equipment, books of account, or fixtures until the accounts of the Owner and the Operator under this agreement have been finally and 13 completely settled, and agrees not to remove any stock after any default by it herein until such accounts have been settled. In addition, the Owner agrees to buy any fuel remaining in the Owner's fuel depot at the actual cost from the Operator; minus any pre-paid hangar rents. SECTION 22: OPERATOR'S PROPERTY The Operator shall have the right to remove from the premises all machinery, apparatus, and equipment installed therein whether or not such machinery, apparatus, and equipment be attached to the real estate, excepting that such right of removal shall not apply to any machinery, apparatus, or equipment paid for in whole or in part by the Owner and provided that all such machinery, apparatus, and equipment shall be removed at the date of the termination of this Agreement and provided further that the Operator shall restore and repair any damage to the Premises caused by the removal of such machinery, apparatus, and equipment. SECTION 23: CASUALTY LOSS In the event any or all the premises are totally destroyed by fire or other casualties, the Owner may at its option terminate this agreement or it may rebuild the building situated on the premises, and in such case the payment from the Operator shall be abated proportionately between the time of destruction and the repair or rebuilding thereof; provided, that in the events aforesaid, the options allowed to the Owner shall be exercised within thirty (30) days after the event giving rise thereto. SECTION 24: OFFICIAL NOTICES Notice to the Owner as herein provided shall be sufficient if sent by certified mail, postage prepaid, to the City Manager of the City of Ames, Iowa, and notice to the Operator, in the same manner, shall likewise be sufficient if addressed to the Operator at Ames, Iowa, or such other address as may be designated by the Operator from time to time. The Operator shall give Owner notice when: A. There is any abandonment or expected abandonment on any of the buildings or premises granted in Section 3. B. When there is or is expected any breakdown in services or reduction or increase of services. C. When there is a change in the use of the premises or a planned or anticipated change in the use of premises. 14 D. When any condition exists that may lead to major maintenance and repair of Owner owned facilities and equipment. E. Any event in which the Airport may be subjected to a major loss, accident, investigation, or need of representation by an Owner official. SECTION 25: AFFIRMATIVE ACTION PROGRAM The Operator assures that it will undertake an affirmative action program as required by 14 CFR§ 152.407 et seq. , to ensure that no persons shall on the grounds of race, creed, color, national origin, sex, or other category protected by State or federal law be excluded from participating in any employment activities covered in the applicable regulations. The Operator assures that no person shall be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by this subpart. The Operator assures that it will require that its covered sub-organizations provide assurances to the Operator that they similarly will under affirmative action programs and that they will require assurances from their sub-organizations as required by the applicable regulations, to the same effect. SECTION 26: EQUIPMENT AND APPURTENANCES The Owner shall own and maintain certain items of equipment necessary for the economic pursuit of maintenance programs and as needed to provide basic aeronautical services to the traveling public. These items of equipment and appurtenances include, but are not limited to, the automatic weather observation station, the UNICOM radio, non-directional beacon, pumps for dispensing aeronautical fuel and associated underground fuel storage tanks, and motorized equipment necessary to implement the maintenance programs at the Owner's discretion. Vehicles or equipment shall not be parked on aircraft apron areas without permission of the Owner. SECTION 27: EMPLOYEE USES The Operator shall establish whatever employee lounge or lunchroom it deems necessary at its own expense in a space that is separate and distinct from the public spaces of the Airport terminal building. SECTION 28: CITY REPRESENTATIVE Administration of the Ames Municipal Airport, and enforcement of the rules and policies of the City of Ames with respect to the Ames Municipal Airport, shall be the task of a designee of the Ames City Manager, and not the function of the Operator, except as specified by contract or the Council adopted Airport Operation Standards. The Operator hereby 15 acknowledges and agrees to accept the authority of the City Manager and the City Manager's designees on any and all matters at the Airport. SECTION 29: INDEMNITY To the fullest extent permitted by law, Operator shall indemnify and hold harmless the Owner, its elected and appointed officials, employees, and agents from and against all claims, damages, losses, and expenses, including but not limited to, attorney fees whether incurred prior to or during litigation, administrative hearings, arbitration, or bankruptcy, including trial and appellate levels, arising out or resulting from the performance of the services, responsibilities, or duties required by this Agreement, provided that any such claim, damage, loss, or expenses is caused in whole or in part by a negligent act or omission of the Operator, any subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by an Owner. SECTION 30: FAA GRANT REQUIRED PROVISIONS Operator agrees as follows: A. Furnish services under this Agreement on a reasonable, and not unjustly discriminatory, basis to all users B. Charge reasonable, and not unjustly discriminatory, prices for each unit or service, provided that the Operator may be allowed to make reasonable and nondiscriminatory discounts, rebates, or other similar types of price reductions to volume purchasers. 1. Each fixed-based operator at the Airport shall be subject to the same rates, fees, rentals, and other charges as are uniformly applicable to all other fixed- based operators making the same or similar uses of the Airport and utilizing the same or similar facilities. 2. Each air carrier using the Airport shall have the right to service itself or to use any fixed-based operator that is authorized or permitted by the Airport to serve any air carrier at the Airport. 3. Each air carrier using the Airport (whether as a tenant, non-tenant, or subtenant or another air carrier tenant) shall be subject to such nondiscriminatory and substantially comparable rules, regulations, conditions, rates fees, rentals, and other charges with respect to facilities directly and substantially related to providing air transportation as are applicable to all such air carriers which make similar use of the Airport and utilize similar facilities, subject to reasonable classifications such as tenants or non-tenants and 16 signatory carriers and non-signatory carriers. Classification or status as tenant or signatory shall not be unreasonably withheld by the Operator provided an air carrier assumes obligations substantially similar to those already imposed on air carriers in such classification or status. 4. It will not exercise or grant any right or privilege which operates to prevent any person, firm, or corporation operating aircraft on the Airport from performing any services on its own aircraft with its own employees including, but not limited to maintenance, repair, and fueling, that it may choose to perform. 5. In the event, the Owner itself exercises any of the rights and privileges referred to in this Section, the services involved will be provided under the same conditions as would apply to the furnishing of such services by commercial aeronautical service providers authorized by the Owner or Operator under these provisions. 6. The Owner may establish such reasonable and not unjustly discriminatory conditions to be met by all users of the Airport as may be necessary for the safe and efficient operation of the Airport. 7. The Owner may prohibit or limit any given type, kind or class of aeronautical use of the Airport if such action is necessary for the safe operation of the Airport or necessary to serve the civil aviation needs of the public. SECTION 31: ENVIRONMENTAL MATTERS The Operator is responsible for not only its activities on Airport property, but also the activities of its employees, contractors, and agents for any activities conducted at the Airport. The Operator will comply with all applicable federal, state, or local environmental laws and regulations as regards the Airport. The Operator will hold the Owner harmless and indemnify the Owner for any violations of environmental rules and regulations by the Operator, its contractors, agents, or employees. SECTION 32: WAIVER OF VISUAL ARTISTS RIGHTS The Operator shall not install any object in or on the Airport or commence construction of any improvement that constitutes a work of visual art under the Visual Artists Rights Act of 1990 and any corresponding provisions of State or local law now in effect or hereafter enacted (“VARA”), unless a written waiver is provided from the author of a work of visual art, in form and substance reasonably satisfactory to the Owner that identifies specifically the work of visual art and the uses of that work to which the waiver applies in accordance with 17 U.S.C. § 106A(e)(1) and any similar applicable provision of state and local law. 17 SECTION 33: CONTRACT INTERPRETATION A. This Agreement and all claims or disputes arising out of or relating to it are governed by the laws of the State of Iowa, and any action, claim, or proceeding arising out of or relating to this Agreement must be brought only in Story County, Iowa. Each party hereby waives any objection, including any objection based upon improper venue or forum non conveniens, that it may have, now or in the future, to the bringing of any action, claim, or proceeding in Story County, Iowa. B. Owner and Operator hereby irrevocably and unconditionally waive all right to trial by jury in any action, proceeding or counterclaim arising out of or relating to this Agreement. C. No failure by either party to insist upon the strict performance of any provision of this Agreement or to exercise any right or remedy consequent upon a breach, and no acceptance of full or partial compensation or other performance by either party during the continuance of any breach, will constitute a waiver of a breach of any provision. D. If any provision of this Agreement or its application, is held to be unenforceable, the remainder of this Agreement and the application of its remaining provisions will not be affected, unless this Agreement without the enforceable provisions fails in its essential purpose. E. This Agreement, together with all exhibits and attachments, constitutes the entire agreement between the parties, and all prior representations, promises or statements, verbal or written, are merged into this Agreement. This Agreement supersedes and cancels any and all previous agreements and understandings on its subject matter between Operator and Owner. F. Nothing in this Agreement is intended to create or establish the relationship of copartners between the Parties or to constitute Operator is an agent or representative of the Owner for any purpose or in any manner whatsoever, other than as provided in Section 12. The Operator is an independent contractor to the Owner. G. If any provision of this Agreement conflicts with any grant, bond resolution, or security documents executed in connection with such bond resolution, then the terms of the grant, bond resolution, or security documents govern. 18 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on this day of June 2022. CHARLES CITY AERONAUTICS, INC. d/b/a Central Iowa Air Service By STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on June _____, 2022, by ___________________________ (insert name), as ________________________ (insert title), of Charles City Aeronautics, Inc. NOTARY PUBLIC CITY OF AMES, IOWA By John A. Haila Attest Diane R. Voss, City Clerk STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before me on June _____, 2022, by John A. Haila and Diane R. Voss, as Mayor and City Clerk, respectively of the City of Ames, Iowa. NOTARY PUBLIC 19 20 FBO Administration (Exclusive Use) EXHIBIT B: FBO ADMINISTRATION SPACES (EXCLUSIVE USE) ITEM #: 35 DATE: 6-28-22 COUNCIL ACTION FORM SUBJECT: APPROVAL OF LONG-TERM LAND LEASES AT AMES MUNICIPAL AIRPORT BACKGROUND: On June 30, 2022, land leases will expire for five private hangars at the Ames Municipal Airport. Therefore, new leases are necessary to continue the use of these facilities. The proposed leases will include rate schedules covering five, five -year periods for a total of up to 25 years. All private hangar leases pay the same rate based on the square footage of their respective buildings. The leases will go into effect on July 1, 2022, to coincide with the City’s fiscal year. Because of the length of the land leases, Iowa Code requires that a public hearing be held in advance of the approval. On June 14, 2022, City Council set the public hearing date for five private hangar leases at the Ames Municipal Airport. These hangar leases will be effective July 1, 2022 and run until June 30, 2047. During the 2020 update to the Airport Master Plan, airport users requested a change to the metric for establishing lease rates. Therefore, the airport leases will be changing from a lease parcel area to a building footpr int square-footage as the metric for establishing lease rates. This change is expected to bring the Ames Municipal Airport’s private hangar leases closer to current market rates and practice. It should be noted that this will come with an initial reduction in revenues; below is a summary of that change: FY 2021/22 FY 2022/23 Net Change Total of Seven Private Hangars $30,390 $13,262 ($17,128) The Airport has two types of revenues, one from Airport operations (hangar leases, FBO contract, and fuel flowage) and the other from the Airport Farm (land leases). The proposed lease calculation change is expected to result in a net loss of approximately $17,000, which represents a 9.6% reduction in operational revenue only (no effect to farm revenue). Below is a summary of the proposed adopted FY 2022/23 Airport budget that includes the revenue reduction: Operations FY 2022/23 Farmland FY 2022/23 Revenues $161,723 Revenues $82,061 Less Expenses ($132,330) Less Expenses ($5,500) Net Income $29,393 Net Income $76,561 For FY 2022/23 and future fiscal years, the Airport is projected to operate with a net positive budget. It should be noted that operational revenue supports the day -to-day expenses of the Airport, while the farm revenues are transferred to the Airport’s Capital Reserve Fund and used for local match on Federal and State gra nts for larger CIP projects. This change is anticipated to make the Ames Airport competitive with other regional airports and support the anticipated hangar growth shown in the Airport Master Plan. The leases are structured such that there is a set five -year rental rate based on the respective size of each lessee’s hangar. That rental rate schedule is updated every five - year rental period by establishing a new annual rental rate increase for that new five year period by using the Consumer Price Index for All Urban Consumers (CPI-U) and other factors that may affect the Airport’s budget. ALTERNATIVES: 1. Approve the attached 25-year land leases for: a. Ames Hangar Club b. Brian Aukes c. Plane Crazy, LLC d. Linda A. Sommerfeld e. Viking Aviation 2. Reject these leases and approve a three-month extension under the current lease. CITY MANAGER’S RECOMMENDED ACTION: By approving these land leases, the Ames Municipal Airport will be able to continue the existing private hangar usage for the next 25 years and encourage private hangar expansion. Land leases are a critical revenue stream for the operations of the Airport. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. Proposed Master Plan 1 ITEM #: _______ DATE: 06/28/22 COUNCIL ACTION FORM SUBJECT: REZONE PROPERTY AT 798 NORTH 500TH AVENUE FROM “A” (AGRICULTURAL) TO “FS-RL” (FLOATING SUBURBAN RESIDENTIAL LOW-DESNITY) ZONE WITH MASTER PLAN BACKGROUND: Hunziker Development Group, the owner of 28.58 acres property located at 798 North 500th Avenue, has applied to rezone the property from “A” (Agricultural) to “FS-RL” (Floating Suburban Residential Low-Density) with a Master Plan. The site is to the north of the existing Sunset Ridge Subdivision (Location Map- Attachment A). The property is located on land annexed in February 2022. The property has been zoned “A” Agricultural since its annexation. (See Attachment A) The property is located in the RN3 Land Use Designation, which is designated for areas where the City is currently expanding or anticipated to expand. The proposed FS-RL zoning district is intended for new areas within RN3 to accommodate low density development patterns. The developer proposes to construct between 55-65 new single-family detached homes on 13.27 acres. The net density will be in the range of 4.14-4.90 units per acre, which exceeds the minimum required density of 3.75 units per acre in FS zoned districts. The future development is intended to be similar to the existing Sunset Ridge subdivision to the immediate south. Wilder Avenue and Ellston Avenue will extend into this area to provide access south to Lincoln Way. An east-to-west street will bisect the future development to provide additional access to residential lots. The general pattern of open space and storm water detention are shown on the Master Plan and estimated to be approximately 11.3 acres of the entire 28.58 acre property. The estimated amount of open space would greatly exceed the minimum 10% required open space in the FS zone standards. The final arrangement of open space and outlots will be part of the Preliminary Plat review. A Preliminary Plat and Final Plat must be approved before construction of homes can begin and to determined final lot layouts, utilities, and configurations of open space. The Preliminary and Final Plats will ensure that the requirements of the Master Plan are met. With Ames Plan 2040, the City evaluated infrastructure needs to serve the westward expansion of the City. City staff evaluated options to extend a sanitary sewer trunk main to the west and believes routing the trunk line through the subject site would be appropriate with this project. This trunk line extension is consistent with Ames Plan 2040 and American Rescue Plan Act (ARPA) funds have been included in the Capital Improvements Plan to complete the installation. 2 The line will extend from east to west through the site. The sanitary sewer is a 12” trunk main that is required to serve future development compared to a standard 8” inch line. Coordination of the location and construction of the sanitary sewer trunk line needs to occur with the development of this property. A contract rezoning agreement has been drafted that outlines the terms of the sanitary sewer construction as an “oversizing” cost share agreement. The agreement outlines that the developer shall design the sanitary sewer to city specifications at their cost, pay the City for its proportionate share of construction based upon a standard 8” inch sewer, and the City will bid and construct the project. If the City does not award the contract for construction of the sewer line prior to December 2023—for any reason—the City has no obligation to share in the cost of the installation. If this were to occur, the developer would instead grant the City a 75-foot sewer easement as part of the rezoning agreement to FS-RL. The draft agreement is attached and has been sent to the developer for signatures. Other utility and infrastructure extensions are readily available to serve the site. Water main is available to the south in the existing Sunset Ridge Subdivision and can be extended into this site. Ames Electric will serve the eastern half of the site with Consumers Energy serving the western half. The Master Plan identifies four road connection points. Wilder Avenue will extend from the south with a shared use path. Ellston will connect to the south. Two future extensions are shown to the north. No connection to N 500th Avenue is planned. A small area on the far eastern side of the property is floodplain. All the floodplain area will be contained in proposed greenspace so as to keep developed lots outside of flood prone areas. A more detailed analysis of Ames 2040 Comprehensive Plan standards, proposed Master Plan and Infrastructure is provided below in the Addendum. PLANNING & ZONING COMMISSION RECOMMENDATION: On May 18, the Planning & Zoning Commission voted 6-0 to recommend approval of the rezoning with masterplan, with a condition that a Contract Rezoning agreement be finalized prior to City Council approval. A letter was received by the Planning & Zoning Commission and a neighbor spoke to the Commission at the meeting regarding storm water flow concerns with the proposed development and the configuration of open space along the common boundary of the site with Sunset Ridge. The Developer, Justin Dodge, answered questions from the neighbor and questions from the Planning & Zoning Commission including questions regarding how stormwater flow is anticipated to be handled. 3 ALTERNATIVES: 1. Approve the contract rezoning agreement, and approve on first reading the rezoning of 28.58 acres at 798 500th Avenue from Agricultural “A” to Floating Suburban Residential Low-Density “FS-RL” with a Masterplan. 2. Deny the rezoning of 28.58 acres at 798 500th Avenue from Agricultural “A” to Floating Suburban Residential Low-Density “FS-RL” with a Masterplan and contractual rezoning agreement if the City Council does not believe the proposed rezoning with Master Plan or Contract is consistent with the policies of the Ames Municipal Code, Ames Plan 2040 for rezoning and the RN3 land use designation. 3. Refer this matter back to staff or the applicant for more information. CITY MANAGER’S RECOMMENDED ACTION: The request for rezoning is consistent with the adopted Ames Plan 2040 as described in the report. Utilization of infrastructure and City services for this parcel is consistent with what has been anticipated for development in this area. The Master Plan as proposed will restrict the maximum number of units on this property to no more than 65 with all dwellings as single-family detached homes. The Contract Rezoning Agreement outlines the terms of the Sanitary Sewer Trunk line construction between the City and the Developer. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 4 ADDENDUM REZONING BACKGROUND: 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 North East South West Ames Plan 2040 The project area has a RN3 land use designation. The RN3 characteristics are supported further by Ames Plan 2040 Comprehensive Plan Principles related to Growth principles in (G1-6) as well as Neighborhoods and Housing (H3) which are contained below in Attachment E and F and cited by the applicant in their narrative supporting the rezoning in Attachment G. These sections deal further with guiding principles of creating appropriate urban fabric, housing considerations, and maintaining community character. The sections relating to Land Use Designation, Neighborhood Characteristics, Growth Goals and Development Guidelines are shown below from the RN3 section of the Ames 2040 Comprehensive Plan as a reference. Not all elements allowed in each section pertain to the current proposal but also are not found to conflict with the proposal for this property. A brief analysis of Complete Streets typology is also included. Staff finds that the elements stated in the principles below are met in relation to low density residential development rezoning in the RN3 Land Use Category. Land Use Designation The Future Land Use Map designates the land proposed for rezoning as “Residential Neighborhood 3” (RN3). Open Space/Greenway designation applies in part to the site as well. The RN3 designation supports an average density of 5 units per acre as the City develops and expands. This is a goal over a broad area that is designed to encourage of mix of housing types and efficient use of land; however, it does not necessarily apply to each project that is proposed. Various zoning districts are used to implement this designation. 5 Zoning district include the “FS-RL” Floating Suburban Residential Low-Density zoning district (see Attachment D – Future Land Use Map). RN3 areas will typically have current zoning of FS-RL, FS-RM, F-PRD (Planned Residence District), PUD (Planned Unit Development) or RLP (Manufactured home park). Attachment E includes the excerpt of Plan 2040 for the RN3 designation that is discussed below. Each land use designation in Plan 2040 describes its context and potential issues to be addressed or guidance for future projects as they occur during the next 20 years. The proposed FS-RL zoning with Master Plan aligns with the RN3 land use designation. Neighborhood Characteristics The RN3 designation is oriented around contemporary but diverse development options in planned expansion areas of the City, typically known as FS zoned areas. These areas where originally envisioned in the 1997 Land Use Policy Plan as villages. Plan 2040 further describes RN3 neighborhoods as being designed with conventional suburban type development patterns involving single-family homes at low or medium density. Curvilinear streets, loop streets with minimal cul-de-sacs will be common street characteristics. Such neighborhoods will commonly be automobile oriented. Transit service is likely limited or non-existent. Neighborhoods will have access to private green space involving internal paths and trails. Stormwater detention features will be incorporated into design. In general, some small commercial nodes will be located within or in nearby areas of RN3. Growth Goals The goals of RN3 involve creating a variety of housing types and price points that can be attainably priced and owner occupied. This involves neighborhood design through zoning tools such as the Planned Development of neighborhood cores containing higher density with links to single-family areas and nearby neighborhood services. The use of Complete Streets concepts is expected with elements to include active transportation linkages and providing safe access for all neighborhood cores and activity areas. Development Guidelines The neighborhoods in RN3 designated areas will incorporate flexible lot sizes to accommodate diverse housing types with regard for architectural character, environmental and open space factors in design decisions. Generally, higher density residential will be encouraged along avenues, boulevards and mixed-use avenues and other streets with significant bicycle and potential transit routes and within master planned projects. Street, sidewalks and trails will have full connectivity. New developments will require neighborhood and community parks nearby in relation to the City’s open space and parking planning. Typically, developments should be within ½ mile of a park. Open Space and Parks A City neighborhood park currently exists approximately 1/4 of a mile to the south of this property in the Sunset Ridge neighborhood. This meets the Land Use goal of the 6 proposed future neighborhood being within a ½ mile of a city park. Additionally, the Ames 2040 Comprehensive Plan does have a general conceptual plan for acquisition of parking space for a larger community park to the immediate north of this property. With the existing park and planned park to the north, no additional public park land is planned with this development. The greenway designation at the east edge of the site is shown on the Master Plan as open space. Complete Streets Typology The proposed street extensions into this area are classified in the Ames 2040 Plan Complete Streets typology as Neighborhood Streets which are designed to be low traffic with separated walkways and some on-street parking. The technical functional classification is also known as a ‘local street’. One of the uses of these types of streets are intended to be located in new expansion areas with low density zoning such as the density of development being proposed here. One of the connecting streets, Wilder Avenue, is designated as a residential collector street. These street types are designed to be in low density residential areas and connect to local streets as will be the case in this development. The street typology does not in this case affect the rezoning request. Public Actions Plan 2040 includes actions to guide City plans for infrastructure. It relies primarily on using the Capital Improvements Program (CIP) to plan for extension of major roads, water and sewer infrastructure while considering development agreements, connection districts and assessments to help facilitate extensions. In this case the need for sanitary sewer trunk line extension is within the CIP. This supports the need for a contract rezoning agreement to address infrastructure extensions as is recommended by staff. Proposed Zoning The applicant proposes rezoning from “A” (Agricultural) to “FS-RL” (Floating Suburban Residential Low-Density) with a Master Plan. The properties to the north are outside the city in Story County and currently row cropped as well as existing farmsteads and row crop land along and across North 500th to the west. The property to the east in in floodplain along Clear Creek with some wooded residential lots zoned RL (Residential Low-Density). Properties immediately to the south are zoned “FS-RL” (Floating Suburban Residential Low-Density) in the existing Sunset Ridge Subdivision which contain single- family detached homes. Master Plan The Master Plan will govern density with a range of 55-65 units allowed on the site. The net density will be in the range of 4.14 to 4.90 units per net acre. The net acreage of 7 developable area will be 13.27 acres of the total 28.57 acres. The other 11.3 acres is reserved for stormwater management and Open Space The future Preliminary Plat and subsequent Final Plat(s) will ensure that the number of units aligns with the Master Plan. A Master Plan is required in this case based on Section 29.1507(3) that when “an application is made for amending the zoning map to designate any property as FS-RL, FS-RM, or PUD, the applicant must either prepare a Master Plan or request that the City Council determine whether it will be required.” The Master Plan in this case will dictate the general street layout, general buildable area in location and acres and number of units as well as net density. The plan will also guides the layout of utilities to serve the site. The final configurations of lots and open space will be determined during preliminary plat review. Infrastructure Impacts on infrastructure and City services for this parcel are consistent with what is already anticipated for residential use of the property. Public utilities such as water and sewer serving this parcel are located immediately south in the Sunset Ridge development and can be easily extended to this site. Electricity is also available to serve the site. A large 12” Sanitary Sewer trunk main will be required to be installed through the site from east to west to accommodate planned future growth to the north and west of this site. A contract zoning agreement has been finalized with the developer to ensure financing and construction of the main. The main is required for future growth beyond this site and as such must be installed with this subdivision. Site access will occur from Wilder Avenue and Ellston Avenue to the south from the Sunset Ridge Development. Both streets connect to the existing street network to the south where Wilder Avenue connects to Lincoln Way. An east to west street will bisect the site to serve the remainder of the area. Sidewalks will be provided throughout the site and an existing shared use path to the south in Sunset Ridge will be extended into the neighborhood along Wilder Avenue. All the connections and proposed streets are adequate to serve the anticipated traffic generated by this site. 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 Hunziker Development Group. The rezoning request and statement of justification is included as Attachment D. 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 “Residential 8 neighborhood 3 (RN3)” identified on the Ames Plan 2040 Future Land Use Map. 4. Development in the “FS-RL” zoning district requires a Master Plan and subsequent Platting 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 City Council meeting in accordance with the notification requirements of Chapter 29. 9 Attachment A- Location & Current Zoning 10 Attachment B- Proposed Zoning Designation 11 Attachment C- Proposed Master Plan 12 Attachment D- Future Land Use Map 13 Attachment E- RN3 Characteristics 14 Attachment F- Growth Principles 15 Attachment F (Cont.) Housing 16 Attachment G- Applicant Narrative 17 Attachment G (Cont.) 18 Master Plan will be available Monday, June 27, 2022. 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 798 N. 500th Avenue, is rezoned with a Master Plan from Agricultural “A” to Floating-Suburban - Residential Low Denisty “FS-RL”. Real Estate Description: Parcel “N” a part of the N 1/3 of the N ½ of the SW FRL. 1/4 and of the N 1/3 of the West ½ of the NW 1/4 of the SE 1/4 of Section 6, Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, as shown on the Plat of Survey Recorded on December 15, 2003, as Instrument No. 03-24892, Slide 191, Page 1. 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 1 ITEM: __ 37__ DATE: 06/28/22 COUNCIL ACTION FORM SUBJECT: TEXT AMENDMENT OPTIONS FOR CHANGES TO CAMPUSTOWN SERVICE CENTER (CSC) ZONING DISTRICT 50% CLAY BRICK BUILDING FACADE MATERIAL STANDARD BACKGROUND: At the May 10, 2022 meeting, City Council discussed a request from a property owner to initiate a Zoning Text Amendment regarding the placement of clay brick on new buildings in Campustown. 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. The project proposes 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 line building and use of clay brick without securing construction easements or changing construction methods (Attachment A). The City Council directed staff to initiate a zoning text amendment to modify the 50% clay brick per façade requirement for zero lot line buildings. In addition, Council directed staff to consider design concerns regarding visibility of and quality of materials on facades that do not have brick. As part of the text amendment process, staff presented options to the Planning & Zoning Commission at its May 18 meeting. The Commission reviewed three options: 1. Changing the clay brick percentage requirement for all buildings, 2. Creating an exception related to zero lot line buildings, or 3. Allowing for substitute materials to be used. The Planning & Zoning Commission voted 6-0 to support the second option that allows for an exception related to zero lot line buildings. The P&Z recommendation is consistent with the proposed amendment within this Staff Report. Subsequent to the P&Z recommendation, staff presented options to City Council at its May 24 meeting to obtain feedback regarding the preferred choice. Staff felt this was an appropriate step in this instance to ensure that the proposed text would meet City Council’s interests before drafting formal text language. City Council directed staff to continue with the text amendment and to include draft language that would incorporate three adjustments that would: 2 1. Allow a non-clay brick façade only when the building is placed at a zero-lot line interior setback, 2. Allow a non-clay brick façade when the overall building would meet the 50% requirement with priority placement of clay brick in highly visible locations, and 3. Add a material requirement that side walls would be higher quality materials than plain unfinished concrete masonry units. The Draft Ordinance based upon Council’s direction is attached to the report. The use of the “clay brick” terminology was an evolution of the building material standard away from generically referring to “masonry.” Prior to 2017, the City did not specify that each façade must contain clay brick, just that clay brick must be the primary material on a building. To clarify the intent that the majority of each building façade contain clay brick, the standard was changed to the current language requiring 50% clay brick on each façade. The proposed amendment would apply to all properties in the Campustown Service Center (CSC) zoning district. Future redevelopment projects would likely also have zero lot conditions, meaning this is not a unique situation related to the Brother’s request. A new building in Campustown could present a zero-lot line situation in many future redevelopment projects in the CSC district, as lots are smaller and the City’s intent of the district is to create a dense urban environment. Zoning standards such as the required minimum floor area ratio (FAR) along with a 25-foot minimum height encourages buildings to be built up to the property lines. The draft language addresses City’s Council direction by establishing exceptions to the standard’s 50% clay brick per façade requirement. With the exception standard, the building must still meet a 50% overall clay brick requirement and have brick located in prominent locations. The exception also states that if available wall area is less than the calculated brick requirement, no brick is required on zero lot line walls. Materials on a zero side lot line are required to be compatible with other masonry materials in texture and integral color. 3 ALTERNATIVES: 1. Approve on first reading the proposed text amendment to Table 29.803(3) creating an exception for zero lot line interior setback walls to the 50% per façade clay brick requirement subject to meeting 50% clay brick overall, placement of brick in prominent locations, and use of compatible materials on zero lot line walls in texture and integral color. Note, the requestor is interested in City Council waiving the rules and complete all three readings of the ordinance on June 28th to allow them to proceed with their Site Development Plan review. 2. Refer this item back to staff for further information. 3. Do not approve the proposed text amendment. CITY MANAGER’S RECOMMENDED ACTION: The requested zoning text amendment relates to a development condition of building at a zero-side lot line. 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 one of the principle identifying traits of Campustown is the predominance of brick as building material. Clay brick is a time-tested material for aesthetic quality and durability. Staff believes with an emphasis on concerns about aesthetics that extend beyond just placement of clay brick, Alternative #1 meets the intent of the request but also adds some additional design review requirements that may help blend sidewalls of a building into the surrounding through color treatments. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1. 4 ATTACHMENT A: 5 ATTACHMENT B: Campustown Service Center (CSC) Zoning Boundary ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION THEREOF, TABLE 29.809(3) THEREOF, FOR THE PURPOSE OF AMENDING CAMPUSTOWN SERVICE CENTER ZONING DISTRICT BUILDING MATERIALS STANDARD REGARDING CLAY BRICK; REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by replacing and enacting a new Table 29.809(3) below: “(3) Zone Development Standards. The zone development standards for the CSC Zone are set forth in Table 29.809(3) below: Table 29.809(3) Campustown Service Center (CSC) Zone Development Standards DEVELOPMENT STANDARDS CSC ZONE …… Building Materials Clay brick shall comprise more than 50% of the exterior wall surface of each building facade. Exterior wall surface does not include windows, doors, their trim, or internal courtyards not visible from the street. .…… (Ord. No. 4165, 12-10-13; Ord. No. 4278, 11-15-16, Ord. 4312, 6-27-17) (4)Standards for the Granting of Exceptions to Building Material Requirements: (a) Exterior wall surfaces at a zero setback side interior may use alternative building materials with integral color and texture that are complimentary of other masonry building materials in the Campustown Service Area. (i) The overall building must still comply with the 50% clay brick requirement, calculated for all visible exterior wall surfaces in total with priority placement of clay brick given to prominent visible facades viewed from public places, such as streets, plazas, and other parking lots. The amount of clay brick may be reduced on the visible portions of a zero lot line wall, if the other exterior wall surfaces are not sufficient to meet the clay brick requirement. (b) Additions to buildings which do not have brick as an exterior material are exempt. (5) Standards for the Granting of Exceptions to the Minimum Requirement for Two Story Buildings in the CSC (Campustown Service Center) District. Before an exception to the requirement for two- story buildings in the CSC (Campustown Service Center) can be granted, the Zoning Board of Adjustment shall establish that the following standards have been, or shall be satisfied: (a)Standards. The Zoning Board of Adjustment shall review each application for the purpose of determining that each proposed one-story building, in the CSC zone, meets the following standards: (i)Physical circumstances exist for the property which result in a lot with a size and shape that is not conducive to a multi-story structure, and (ii)It can be demonstrated that there is a direct benefit to the community to have a one- story structure, at the proposed location, as opposed to a multi-story structure. (b)Procedure. The procedure to follow for an “exception” is described in Section 29.1506(3). (6) Compliance. New buildings shall be constructed in full compliance with the above standards for building design. In building additions or remodeling it is not required that the entire building be brought into full compliance with the above standards for building design. It is only required that the addition or remodeling comply. It is required that the addition or remodeling does not have the effect of increasing the level or degree of nonconformity of the building as a whole. (Ord. No. 3872, 03-07-06; Ord. No. 4252, 4-26-16). ” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of 2022. _____________________________________________________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor COUNCIL ACTION FORM ITEM #: 38 DATE: 06-28-22 SUBJECT: 2021/22 CLEAR WATER DIVERSION BACKGROUND: Clear water from sump pumps and footing drains can cause overloading and backups in the sanitary sewer as well as increases in the volume of clean water that is treated at the sewage treatment facility. The Clear Water Diversion program involves diverting footing drain discharge from sanitary sewers and reducing the number of sump pumps directly discharging over the back of curb in locations where no storm sewer exists. Connecting these to the storm sewer results in lower volumes of clean water needing treatment at the sewage treatment facility and reduced locations of ice buildup in the curb and gutter during the winter months. This leads to decreasing operating and maintenance costs of treatment facility and making safer road conditions during the winter months. The locations for the 2021/22 Clear Water Diversion Program include: Schubert St (Sandburg Ct to Thackeray Ave), Taft Ave (Buchanan Dr to Bloomington Rd), Wheeler St (Garner Ave to Polaris Dr), and 20th St (Clark Ave to Burnett Ave). On June 22nd, 2022, bids for the project were received as follows: Bidder Base Bid Engineer’s Estimate $134,740.00 Ames Trenching $ 94,500.00 Keller Excavating $128,400.00 Synergy Contracting $186,835.00 On Track Construction $202,800.00 Funding Source Available Revenue Estimated Expenses Clear Water Diversion Program Carry Over $60,000 2021/22 Clear Water Diversion Program $50,000 2022/23 Clear Water Diversion Program $50,000 Ames Trenching (Low Bid) $ 94,500.00 Engineering and Administration $ 21,000.00 $160,000 $115,500.00 ALTERNATIVES: 1. a. Accept the report of bids for the 2021/22 Clear Water Diversion project. b. Approve the final plans and specifications for this project. c. Award the 2021/22 Clear Water Diversion project to Ames Trenching of Ames, Iowa, in the amount of $94,500.00. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. CITY MANAGER'S RECOMMENDED ACTION: Accepting the report of bids and awarding will allow this project to proceed, improving street conditions and lowering maintenance costs. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM #: 39 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: 2017/18 LOW POINT DRAINAGE IMPROVEMENT – ALMOND ROAD (GW CARVER AVE & BLOOMINGTON RD) BACKGROUND: The Low Point Drainage Improvements program is an annual program for decreasing flooding at residential street locations affected by standing water, flooding, and insufficient pipe capacity. The program identifies priority locations for improvements each year. The location for this project is on GW Carver Avenue and Bloomington Road. Staff has met several tim es with affected property owners to receive input regarding the project design and expectations. The main concern was explaining how the new design will help reduce the risk of future flooding. Based on site c onditions, the additional storm sewer system will divert excess water to reduce flooding potential. On June 22, 2022, bids were received, including two non-responsive bids, as follows: Bidder Base Bid Amount Engineer’s estimate $ 122,479.50 Ames Trenching $ 98,415.00 On Track Construction, LLC $ 107,900.00 Hurst & Sons Contractors $ 108,791.50 Keller Excavating $ 121,710.00 J & K Contracting, LLC $ 154,000.00 Synergy Contracting $ 163,826.00 Revenue and expenses associated with this program are estimated as follows: Available Revenue Estimated Expenses 17/18 Low Pt Drainage (Storm Water Utility Funds) 21/22 Storm Water Improvements (SWU Funds) $ 57,531 $ 92,469 Construction Engineering/Administration $ 98,415.00 $ 15,000.00 $ 150,000 $ 113,415.00 ALTERNATIVES: 1. a. Accept the report of bids for the 2017/18 Low Point Drainage Improvements – (Almond Road) project. b. Approve the final plans and specifications for this project. c. Award the 2017/18 Low Point Drainage Improvements – (Almond Road) project to Ames Trenching of Ames, Iowa, in the amount of $ 98,415. 2. Award the contract to one of the other bidders. 3. Do not proceed with this project. MANAGER’S RECOMMENDED ACTION: Approving the final plans and specifications and awarding the contract, this project will reduce the risk of flooding and help protect residents in the project area from future property damage. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM # 40 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: 2020/21 SHARED USE PATH SYSTEM EXPANSION – VET MED TRAIL (S. 16TH STREET TO S. GRAND AVENUE) BACKGROUND: This program provides for the construction of shared -use paths on street rights-of-way, adjacent to streets, and through greenbelts. The Long-Range Transportation Plan (LRTP) identifies those paths that separate bicycle traffic from higher -speed automobile traffic. This project was identified as OFF 14 in the 2040 LRTP. Since this project funding source includes Iowa Department of Transportation (DOT) Transportation Alternatives Program (TAP) funds, the project must follow Iowa DOT development policies and be let by the Iowa DOT. On June 21, 2022, bids for the project were received as follows: Bidder Bid Amount Engineer’s Estimate $413,794.50 JASPER CONSTRUCTION SERVICES, INC. $333,928.60 HOWREY CONSTRUCTION, INC. $389,282.00 TK CONCRETE, INC. $410,877.25 CON-STRUCT, INC. $415,613.85 OEL CONSTRUCTION SERVICES, INC. $445,376.15 CALIBER CONCRETE, LLC $447,504.51 The table below shows the revenues and expenses for this project: Revenue Expenses Local Option Sales Tax $ 461,000 177,928 AAMPO TAP Funds (80% of Construction, up to $159,000) $ 159,000 286,149 Permanent Easement $ 3,100.00 Construction $ 333,928.60 357,686 Engineering and Administration (Estimated) $ 150,000.00 100,000 $ 620,000 464,077 $ 487,028.60 457,686 2 ALTERNATIVES: 1. a. Accept the report of bids for the 2020/21 Shared Use Path System Expansion – Vet Med Trail (S. 16th Street to S. Grand Avenue). b. Approve the final plans and specifications for this project. c. Award the 2020/21 Shared Use Path System Expansion – Vet Med Trail (S. 16th Street to S. Grand Avenue) to Jasper Construction Services, Inc. of Newton , Iowa, in the amount of $333,928.60, contingent upon receipt of Iowa DOT concurrence . 2. a. Accept the report of bids for the 2020/21 Shared Use Path System Expansion – Vet Med Trail (S. 16th Street to S. Grand Avenue). b. Reject award and direct staff to modify the project for a future Iowa DOT bid letting. 3. Do not proceed with the project at this time. MANAGER'S RECOMMENDED ACTION: By awarding this project, it will be possible to provide an important multimodal connection for residents in the area. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM # 41 DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: 2020/21 & 2021/22 INTELLIGENT TRANSPORTATION SYSTEM PROGRAM (PHASES 1 AND 2) BACKGROUND: This program provides for the construction of fiber optic communication and a technology platform for Phases 1 and 2 of the Intelligent Transportation Systems (ITS) Master Plan. The project will modernize the traffic signal system by providing a high - bandwidth communication system that will integrate all connected signals. It will allow the City of Ames to leverage technologies such as traffic adaptive and real -time video, while significantly increasing the resolution of transportation data available to the City. Because a project funding source includes Iowa Department of Transportation (DOT) Iowa Clean Air Attainment Program (ICAAP) funds, the project must follow Iowa DOT development policies and be let by the Iowa DOT. On June 21, 2022, bids for the project were received as follows: Bidder Bid Amount Engineer's Estimate $3,195,947.00 Van Maanen Electric, Inc. $3,800,582.00 K & W Electric, Inc. $5,196,625.00 The table below shows the overall expenses using low bid: Expenses Combined Design $397,365 Construction $3,800,582 Administration $150,000 Total $4,347,947 The table below shows the revenues and expenses for this project: Revenues FY 20/21 FY 21/22 Combined Road Use Tax Fund $225,820 $197,600 $423,420 G.O. Bonds $141,900 $160,400 $302,300 Accessibility Enhancement* $235,100 $206,000 $441,100 ICAAP $1,176,518 $1,400,000 $2,576,518 Total $3,743,338 *The project will affect several signals needing ADA upgrades. The funds from this program are approximately equally split between Road Use Tax Funds and Local Option Sales Tax. The low bid received was approximately $600,000 over the engineer’s estimate for this project. This is due to the pricing volatility of conduit and wiring from the inflation and logistics issues affecting the construction markets. This results in a funding shortfall of $604,609. The Iowa DOT allows bids to be held prior to awarding a contract to the lowest responsive bidder within 30 days of the letting or rejecting of all bids. Therefore, staff will explore alternatives to make up for this funding shortfall and return those options to City Council at a later date. ALTERNATIVES: 1. a. Accept the report of bids for the 2020/21 & 2021/22 Intelligent Transportation System Program (Phases 1 and 2). b. Approve the final plans and specifications for this project. c. Delay award until a future date within 30-days of the Iowa DOT letting date (06- 21-22). 2. a. Accept the report of bids for the 2020/21 & 2021/22 Intelligent Transportation System Program (Phases 1 and 2). b. Reject award and direct staff to modify the project for a future Iowa DOT bid letting. 3. Do not proceed with the project at this time. MANAGER'S RECOMMENDED ACTION: Given the state of the current construction market, it is unlikely to achieve lower bid prices by re-bidding the project. Also, a reduction in scope will likely come with a reduction in ICAAP funds given the scope of the project at the time the two grants were approved. Therefore, staff will analyze alternatives and report back to City Council with a recommendation. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 1 ITEM # ___42__ DATE: 06-28-22 COUNCIL ACTION FORM SUBJECT: OLD WATER TREATMENT PLANT – DEMOLITION CONTRACT AWARD AND ENGINEERING SERVICES CONTRACT AMENDMENT BACKGROUND: During design of the new water treatment plant, City staff made a commitment that the old treatment facility would be demolished as soon as practical after being shut down to not become an abandoned eyesore for the neighborhood. The new water treatment plant started operation in the fall of 2017, and it is time to demolish the old water treatment plant. This project will demolish the filter building, chemical feed building, exterior clarifiers, 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, five-million-gallon storage reservoir, and Technical Services Complex (TSC) will remain. After demolition is complete, an addition to the TSC facility is planned for a portion of the remaining green space. The TSC addition will be a separate project. On May 10th, 2022, City Council approved plans and specifications and issued a Notice to Bidders for the Old Water Treatment Plant Demolition. Four bids were received and are outlined below. Green Demolition Contractors, Inc. from Chicago, Illinois, was the lowest bidder; however, they did not provide a completion date due to “extensive lead times with materials” and were determined by the Legal Department to be non - responsive. The lowest responsive bidder was determined to be LinnCo, Inc. from Sartell, Minnesota, in the amount of $2,398,000. For comparison, the engineer’s construction cost estimate was $2,442,000. Bidder Total Project Bid Green Demolition Contractors, Inc. Non-responsive $2,023,520 LinnCo, Inc. $2,398,000 Dore & Associates $2,964,400 Earth Services & Abatement $3,100,000 Engineer’s Estimate $2,442,000 Staff believes re-bidding the project with an extended project completion date would not result in lower bid prices since three of the four bids were able to meet the specified project completion date. Similarly, there was no mention by any bidder of material lead 2 times or discussion regarding the project completion window at the pre-bid meeting. For these reasons staff recommends awarding the project to the second lowest bidder, LinnCo, Inc. The Purchasing Division has completed a qualifications review for LinnCo that confirms they have the requisite experience and capabilities. Based on the information provided, Purchasing recommends awarding the project to LinnCo, Inc. The project engineer has also provided a statement concurring with that recommendation. A Drinking Water State Revolving Fund (DWSRF) loan in the amount up to $3,500,000 has been identified as the funding source for the demolition of the old water plant . Repayment of the loan will be from water utility revenues. The authorized CIP project budget is summarized below. Authorized Project Budget FY 2018 - FY2020/21 $141,916 FY 2021/22 CIP $ 1,288,560 FY 2022/23 CIP $ 1,233,000 Total Project Budget $ 2,663,476 Additionally, on May 26, 2020, City Council awarded a contract to Strand, Inc. of Madison, WI, for the design of the Old Water Treatment Plant Demolition. At the time of the initial contract award with Strand, staff had intentionally excluded construction phase services from the agreement, with an expectation that those services would be added later by change order once the design was complete and the actual scope of additional services was known. Staff has worked with Strand to determine the level of assistance required and is recommending a change order with Strand to add $119,700 for construction phase services. This work will be performed on an “hourly not to exceed” basis so that the City only pays for the services it actually utilizes. Original Engineering Contract with Strand, Inc. Design Services $144,800 Utilized “If-Authorized Funds” ($23,500 available) $12,700 Requested Change Order No. 1 $119,700 Total Revised Contract Amount $277,200 The revised total project cost is as follows: Engineering Services $277,200 Construction $ 2,398,000 Total Project Cost $ 2,6 75,200 3 ALTERNATIVES: 1. A. Award a contract for the Old Water Treatment Plant Demolition Project to LinnCo, Inc. of Sartell, Minnesota, for $2,398,000. B. Authorize Change Order No. 1 to the professional services agreement with Strand Engineering of Madison, WI, for additional construction phase engineering services for the Old Water Treatment Plant Demolition Project in an additional amount not to exceed $119,700. 2. Award the demolition contract to one of the other responsive bidders. 3. Do not take any action at this time and provide direction to staff on the future of the project. CITY MANAGER’S RECOMMENDED ACTION: The Old Water Treatment Plant Demolition Project is an important project to prevent the structures from becoming dilapidated and potentially dangerous. Planning has been underway for this project since the plant was decommissioned in 2017. Additionally, staff has determined that it is in the best interest of the City to move forward with addition to the professional services agreement with Strand, the firm that designed the demolition. Staff relies on the expertise of consultants to ensure the project is constructed according to design documents. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, A and B, as stated above. Staff went door to door talking with residents in the area starting at the old Water Plant and going north to Ninth Street. If no one was home, a flyer was left with the expected schedule, staff contacts, and a link to the City’s web page for more information. Caring People  Quality Programs  Exceptional Service 515.239.5146 main fax Legal Department MEMO Legal Department To: From: Date: Subject: At the May 24, 2022, Ames City Council meeting, the Council directed staff to prepare a memo regarding the request from Iowa State University to change the City’s Transit Agency ordinance to allow for Iowa State University representative on the Transit Board to be someone other than a University Vice President. Chapter 26A of the Ames Municipal Code establishes the Ames Transit Agency (commonly known as “CyRide”). Section 26A.3 establishes the qualifications and terms of office of the Transit Board Trustees. Our current Municipal Code section states: “(c) One Trustee shall be a Vice-President of Iowa State University, to serve an indefinite term.” Accordingly, the Transit Board Trustee representing ISU has historically always been a Vice President for Business and Finance from the university. Because of administrative reorganization at ISU, ISU President Wintersteen has now appointed University Counsel Michael Norton to serve as a Transit Board Trustee, and ISU is requesting a change to the ordinance in order to allow Mr. Norton to serve as a Trustee, as he does not hold the title of “Vice President.” Mr. Norton does serve as part of the University’s leadership team. This was requested by ISU via an email on May 20, 2022 from Mr. Norton, in which he stated: “As we discussed, due to some organizational restructuring at the University, some units previously reporting to Pam Cain, are now reporting to me as General Counsel and Chief Risk Officer. The organizational changes have moved the responsibility to be the Item No. 43 University’s representative on the Transit Board to my position. Accordingly, President Wintersteen has appointed me to fill the Transit Board position on behalf of the University. The language of City Ordinance 26.A.C.3 regarding the University’s representative on the Transit Board will need to be changed to reflect this change, as my title does not contain “Vice President”. Would you please ask the City Council to make this technical change to the ordinance to accommodate this change at the University. Thank you.” City staff has engaged in discussions with Mr. Norton and raised concerns of the need for language assuring that a high-level ISU staff member is appointed to the Transit Board, so that the person could obtain authority on the spending/budgetary decisions. A change in the ordinance to say that the Trustee from ISU “shall be a Vice-President of Iowa State University or an equivalent-level position” would be acceptable to accomplish this. ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 26A.3 (1)(c) THEREOF, FOR THE PURPOSE OF QUALIFICATIONS REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 26A.3 (1)(c) as follows: “TRANSIT AGENCY Sec. 26A.3.QUALIFICATIONS, TERMS OF OFFICE, OATHS AND BONDS, VACANCIES. (1)The members of the Ames Transit Agency Board of Trustees shall be qualified as follows . . . (c)One Trustee shall be a shall be a Vice-President of Iowa State University or an equivalent-level position, appointed by the President of Iowa State University, to serve an indefinite term.” . . . Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , . _____________________________________________________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor