HomeMy WebLinkAbout~Master - August 23, 2022, Regular Meeting of the Ames City CouncilAMENDED
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL
AUGUST 23, 2022
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please complete an orange card and hand it to the City
Clerk. When your name is called, please step to the microphone, state your name for the record, and
limit the time used to present your remarks in order that others may be given the opportunity to
speak. The normal process on any particular agenda item is that the motion is placed on the floor,
input is received from the audience, the Council is given an opportunity to comment on the issue or
respond to the audience concerns, and the vote is taken. On ordinances, there is time provided for
public input at the time of the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATIONS:
1.Proclamation for “Suicide Prevention Month,” September 2022
2.Proclamation for “Attendance Awareness Month,” September 2022
3.Proclamation for “Ames Art Month,” September 2022
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.
4.Motion approving payment of claims
5.Motion approving Minutes of Regular Meeting held August 9, 2022
6.Motion approving Report of Change Orders for period August 1 - 15, 2022
7.Motion approving new Class C Liquor License and Sunday Sales - Margaritas Sport Bar
Seafood, 823 Wheeler Street
8.Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses:
a.Class C Liquor License with Sunday Sales and Outdoor Service - Daytime, 127 Dotson Dr
b.Class E Liquor License with Class B Wine Permit, Class C Beer Permit (carryout beer) and
Sunday Sales - Cyclone Liquors, 626 Lincoln Way
c.Class C Liquor License with Catering Privilege, Outdoor Service and Sunday Sales -
Whiskey River, 132-134 Main Street - Pending Dram Shop Insurance
d.Class B Liquor License with Outdoor Service and Sunday Sales - Hilton Garden Inn Ames,
1325 Dickinson Avenue Pending Dram Shop Insurance
e.Class C Liquor License with Outdoor Service and Sunday Sales - Wallaby’s Grille, 2733
Stange Road
9.Request for 36th Anniversary Run for the Roses on October 23, 2022
a.Motion approving Blanket Temporary Obstruction Permit
b.Resolution approving full and partial closure of the following streets from 6:00 a.m. to 1:00
p.m.:
i.Fifth Street from Pearle Avenue to Douglas Avenue
ii.Douglas Avenue from Fifth Street to Sixth Street
iii.Sixth Street from Burnett Avenue to Douglas Avenue
iv.Burnett Avenue from Sixth Street to Main Street
v.Main Street from Burnett Avenue to Allan Drive
vi.Northwestern Avenue from Allan Drive to Sixth Street
vii.Sixth Street from Northwestern Avenue to University Boulevard
viii.University Boulevard from Sixth Street to Haber Road
10.Resolution approving the designation of Neil Weiss as the City’s alternate voting representative
to the Headwaters of the South Skunk River Watershed Management Authority
11.Resolution approving City Council DEI Training and Funding from Council Contingency
Account
12.Resolution authorizing the Mayor to sign Certificate of Consistency with City’s 2019-2023
CDBG Consolidated Plan on behalf of The Bridge Home and YSS for funding under the State
of Iowa’s Continuum of Care Grant Funding
13.Resolution approving Amendment to the Professional Services Agreement with Toole Design
Group for the Bike and Pedestrian Master Plan to change the end date of the project
14.Resolution approving the procurement of single-source test drilling services, in accordance with
the adopted Purchasing Policies, and award a contract to Cascade Drilling of Flint, Michigan,
PFAS test drilling in the amount of $85,575
15.Resolution approving Professional Services Agreement for 2021/22 Storm Water Erosion
Control (Bloomington Waterway)with Bolton & Menk of Ames, Iowa, in an amount not to
exceed $52,000
16.Resolution approving Detour Agreement with Iowa Department of Transportation (Iowa DOT)
for temporary I-35 detour routes during emergency closure
17.Resolution approving Sub-recipient Agreements with the Iowa Economic Development
Authority (IEDA) in connection with the CDBG-CV Round 2 CARES Program:
a.Ames Community Preschool Center (ACPC)
b.University Community Childcare (UCC)
c.Mid Iowa Community Action (MICA)
18.Resolution approving deaccession of “Monolith,” by Timothy Jorgensen, from City’s Public Art
Inventory
19.Resolution approving Change Order No. 3 with IES Commercial, Holdredge, Nebraska, for
deduction of unperformed construction activities in the amount of ($87,392.26)
20.Resolution approving preliminary plans and specifications for 2021/22 Water System
Improvements Program-US Highway 69 (South Duff Avenue, Grand Avenue); setting September
21, 2022, as bid due date and September 27, 2022, as date of public hearing
21.Resolution approving preliminary plans and specifications for 2021/22 Shared Use Path System
Expansion (Ioway Creek); setting September 20, 2022, as bid due date and September 27, 2022,
as date of public hearing
22.Resolution approving preliminary plans and specifications for 2021/22 Sanitary Sewer
Rehabilitation (Ames High School and Veenker Golf); setting September 21, 2022, as bid due
date and September 27, 2022, as date of public hearing
23.Resolution approving preliminary plans and specifications to renovate the lobby and restrooms
at the Power Plant, setting September 28, 2022 as bid due date and October 11, 2022 as the date
of public hearing
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24.Resolution approving contracts for Fiscal Years 2022-23 and 2023-24 for the Emerald Ash Borer
Response Plan to the following companies:
a.ArborPro Tree Service, Fort Dodge, Iowa for Ash Tree Removal in the amount not to exceed
$70,340
b.Pitts Lawn and Tree Service, Huxley, Iowa for Stump Grinding in the amount not to exceed
$6,270
c.Family Tree Care, LLC., Windsor Heights, Iowa for Treatment in the amount not to exceed
$38,528, and
d.Reject bid from ALPHA Landscapes, LLC., Slater, Iowa for Tree Replacement
25.Resolution approving contract and bond for 2020/21 and 2021/22 Intelligent Transportation
System Program (Phases 1 & 2)
26.Resolution approving contract and bond for Cooling Tower Blowdown Sanitary Sewer
Modifications
27.Resolution approving contract and bond for 2021/22 Shared Use Path System Expansion
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business
other than those listed on this agenda. Please understand that the Council will not take any action
on your comments at this meeting due to requirements of the Open Meetings Law, but may do so at
a future meeting. The Mayor and City Council welcome comments from the public; however, at no
time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each
speaker to three minutes.
PARKS & RECREATION:
28.Motion directing staff regarding the location of the Fitch Family Aquatic Center
PLANNING & HOUSING:
29.Staff Report regarding North Dayton Industrial Park TIF Agreement
PUBLIC WORKS:
30.Resolution approving Development Agreement with Summit Agricultural Group, LLC for a new
private hangar at the Ames Municipal Airport
31.Resolution approving Addendum to the Fixed Base Operator (FBO) Agreement with Charles
City Aeronautics, Inc., d/b/a Central Iowa Air Service to remove the Ramp Service Building
HEARINGS:
32.Hearing on Long Term Private Hangar Land Lease at Ames Municipal Airport:
a.Resolution approving lease for 10, five-year periods with Summit Agricultural Group, LLC
33.Hearing on Rezoning, with Master Plan, 3898 University Boulevard from “RI” (Research Park
Innovation Zoning District) to “RI” (Research Park Innovation Zoning District) with a Revised
Master Plan:
a.First passage of ordinance
ORDINANCES:
34.First passage of ordinance prohibiting parking at all times on the east side of Hoover Avenue
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from 24th Street to 30th Street and from Bloomington Road to Adams Street
35.Second passage of Rezoning, with Master Plan, 798 North 500th Avenue from “A” (Agricultural)
to “FS-RL” (Floating Suburban Residential Low Density)
36.Third passage and adoption of Ordinance No. 4476 adopting the Zoning Text Amendment, as
amended, to Reduce Medical Parking Rates for buildings fewer than 50,000 square feet and
update Medical Office Definitions
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
ADJOURNMENT:
4
MINUTES OF THE
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 9, 2022
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council was called to order by Mayor Pro Tem Tim Gartin
at 6:00 p.m. on August 9, 2022, in the City Council Chambers in City Hall, 515 Clark Avenue,
pursuant to law. Present were Council Members, Tim Gartin, Rachel Junck, and Anita Rollins.
Council Member Gloria Betcher was brought into the meeting telephonically. Council Members
Bronwyn Beatty-Hansen and Amber Corrieri were absent. Ex officio Member Bryce Garman was
also absent.
CONSENT AGENDA: Mayor Pro Tem Gartin requested to pull Item No. 14: Fall 2022
Commission on the Arts (COTA) Special Grants in order to abstain from voting due to a conflict of
interest.
1.Motion approving payment of claims
2.Motion approving Minutes of Regular Meeting held July 26, 2022 and Special Meeting of July
29, 2022
3.Motion approving Report of Change Orders for period July 16 - 31, 202 2
4.Motion certifying Civil Service Candidates
5.Motion approving ownership update for Class C Beer Permit with Class B Wine Permit and
Sunday Sales - Hy-Vee Gas #5013, 4018 West Lincoln Way
6.Motion approving temporary outdoor service (September 16- September 18) for Class C Liquor
License, Sunday Sales and Outdoor Service - Sips and Paddy’s Irish Pub 126 Welch Avenue
7.Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor Licenses:
a.Class C Beer Permit with Class B Wine Permit and Sunday Sales - Hy-Vee Gas #5013, 4018
West Lincoln Way
b.Class C Liquor License with Sunday Sales - Inside Golf, 2801 Grand Ave., #1075
c.Class C Liquor License with Catering Privilege, Outdoor Service, and Sunday Sales - Iowa
State Center - CY Stephens
d.Class E Liquor License with Class B Wine Permit, Class C Beer Permit (carryout beer), and
Sunday Sales - Kwik Stop Liquor & Groceries, 125-6th Street
8.Hoover Avenue Parking Changes:
a.Motion directing the City Attorney to draft an ordinance that prohibits parking at all times
on the east side of Hoover Avenue from 24th Street to 30th Street and from Bloomington Road
to Top-O-Hollow Road
9.Motion approving request for Fireworks Permits for display from Jack Trice Stadium for 2022
ISU Home Football Games on the following dates:
a.Saturday, September 3
b.Saturday, September 17
c.Saturday, September 24
d.Saturday, October 8
e.Saturday, October 27
f.Saturday, November 5
g.Saturday, November 19
10.Request from Ames Chamber of Commerce for Back to School Bash in Campustown on
Thursday, September 29, 2022:
a.Motion approving blanket Temporary Obstruction Permit
b.Motion approving blanket Vending License
c.Motion approving 5-day (September 29-Oct 3) Special Class C Liquor License with Outdoor
Service for Ames Chamber of Commerce for closed area - Pending Dram Shop Insurance
d.RESOLUTION NO. 22-421 approving waiver of Vending License fee
e.RESOLUTION NO. 22-422 approving closure of the 200 block of Welch Avenue and
Chamberlain Street from Welch Avenue to the exit of Chamberlain Lot Y between noon and
11:00 p.m.
f.RESOLUTION NO. 22-423 approving closure of parking spaces in the 200 block of Welch
Avenue, on Chamberlain Street between Welch Avenue and the Chamberlain Lot Y exit,
Welch Lot T, and Chamberlain Lot Y between noon and 11:00 p.m.
g.RESOLUTION NO. 22-424 approving closure of 51 metered parking spaces and waiver of
parking meter fees and enforcement
h.RESOLUTION NO. 22-425 authorizing access to City-owned electrical outlets and
approving a waiver of fees for the electricity used
11.Requests for ECO Fair on Saturday, October 1, 2022:
a.Motion approving blanket Temporary Obstruction Permit
b.Motion approving blanket Vending License
c.RESOLUTION NO. 22-426 approving closure of 5th Street from Pearle Avenue to Clark
Avenue from 7:00 a.m. to 2:00 p.m. on Saturday, October 1
d.RESOLUTION NO. 22-427 approving closure of 35 metered spaces along 5th Street from
7:00 a.m. to 2:00 p.m. on Saturday, October 1
e.RESOLUTION NO. 22-428 approving waiver of Vending License fee
f.RESOLUTION NO. 22-429 approving waiver of parking meter fees
12.RESOLUTION NO. 22-430 setting date of Public Hearing for August 23, 2022, regarding
Summit Ag Hangar Land Lease
13.RESOLUTION NO. 22-431 approving Encroachment Permit Agreement for Planter Boxes at
301 Main Street, Suite 105
14.RESOLUTION NO. 22-434 approving Professional Services Agreement with WHKS & Co., of
Ames, Iowa for 2022/23 & 2023/24 Sanitary Sewer Rehabilitation Design in an amount not to
exceed $395,000
15.RESOLUTION NO. 22-435 approving Professional Services Agreement with WHKS & Co., of
Ames, Iowa for 2022/23 Concrete Pavement Improvements (Brookridge Avenue, Ridgewood
Avenue, Lee Street, 9th Street, Parkway & Alley) in an amount not to exceed $312,400
16.RESOLUTION NO. 22-436 approving Professional Services Agreement with WHKS & Co., of
Ames, Iowa for 2022/23 Asphalt Pavement Improvements (Oakwood Road) in an amount not
to exceed $122,800
17.RESOLUTION NO. 22-437 approving Engineering Services with Barr Engineering Co., of
Minneapolis, Minnesota, for SAM Pump Station Improvements - Backup Generation in an
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amount not to exceed $37,250, which includes design of the standby generator and a booster
pump VFD
18.RESOLUTION NO. 22-438 approving Change Order No. 2 for Prairie View Industrial Center
Utility Extension Project (East Industrial Area Utilities), as negotiated, in the amount of
$2,210,255.72
19.RESOLUTION NO. 22-439 awarding contract for Architectural Services to SVPA Architects
Inc., of West Des Moines, Iowa, for the WPCF Administration Building Renovation Project in
an amount not to exceed $86,100
20.RESOLUTION NO. 22-440 awarding contract to Milsoft Utility Solutions, of Abilene, Texas,
for Outage Management System and Data Conversion for Electric Services in the amount of
$58,826.46 (inclusive of Iowa sales tax)
21.Underground Trenching Contract for Electric Services:
a.RESOLUTION NO. 22-441 approving renewal of primary contract with Ames Trenching
& Excavating of Ames, Iowa, from July 1, 2022, through June 30, 2023, in an amount not
to exceed $400,000
i.RESOLUTION NO. 22-442 approving Performance Bond
b.RESOLUTION NO. 22-443 approving renewal of secondary contract with Zoske Electrical
Services, Inc., of Des Moines, Iowa, from July 1, 2022, through June 30, 2023, in an amount
not to exceed $100,000
i.RESOLUTION NO. 22-444 approving Performance Bond
22.Power Plant SCADA System Software Upgrade:
a.RESOLUTION NO. 22-445 Waive the City’s Purchasing Policy requirement for formal
bidding procedures and award a contract to Open Systems International, Inc., of Medina,
Minnesota, for additional software upgrade support in the amount of $64,610
23.RESOLUTION NO. 22-446 approving contract and bond for 2020/21 Shared Use Path System
Expansion - Vet Med Trail (S. 16th Street to S. Grand Avenue)
24.RESOLUTION NO. 22-447 approving contract and bond for Water Treatment Plant Five-Year
Well Rehabilitation Contract
25.RESOLUTION NO. 22-448 approving contract and bond for Story County Edge of Field Project
26.RESOLUTION NO. 22-449 approving contract and bond for Boiler Tube Spray Coating &
Related Services for the Power Plant
27.RESOLUTION NO. 22-450 approving contract and bond for Boiler Maintenance Services
Contract for Power Plant
28.RESOLUTION NO. 22-451 approving completion 2020/21 Collector Street Pavement
Improvements (East 20th Street)
29.RESOLUTION NO. 22-452 approving completion 2020/21 CyRide Route Pavement
Improvements (9th Street)
30.RESOLUTION NO. 22-453 accepting completion of public improvements and releasing security
for Westar Apartments, LLC
Roll Call Vote: 4-0. Motions/Resolutions declared carried/adopted unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
FALL 2022 COMMISSION ON THE ARTS (COTA) SPECIAL GRANTS: Moved by Junck,
seconded by Rollins, to adopt RESOLUTION NO. 22-432 approving a contract to Ames Town and
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Gown in the amount of $650.
Roll Call Vote: 3-0-1. Voting Aye: Betcher, Junck, Rollins. Voting Nay: None. Abstaining due to
Conflict of Interest: Gartin. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these Minutes.
Moved by Junck, seconded by Rollins, to adopt RESOLUTION NO. 22-433 approving a contract
to Story Theater Company in the amount of $900.
Roll Call Vote: 3-0-1. Voting Aye: Betcher, Junck, Rollins. Voting Nay: None. Abstaining due to
Conflict of Interest: Gartin. Resolution declared adopted, signed by the Mayor, and hereby made a
portion of these Minutes.
PUBLIC FORUM: Mayor Pro Tem Gartin opened Public Forum.
Richard Deyo, 505-8th Street, #2, Ames, mentioned that he went to the Ames Resident Police
Advisory Committee and there was not an option for Public Forum, and he was curious as to why.
He commented that he was upset over the no trespassing order as he was not able to perform in the
Senior Variety Show.
Grant Olson, 3812 Ontario Street, Ames, stated that next week the Council will gather to begin the
creation of the Bicycle & Pedestrian Master Plan. He commented that the “why” the Plan is being
put together is important. Mr. Grant felt the Bicycle and Pedestrian Master Plan will help the City
be more child friendly, will keep the neighborhoods quiet, and will increase diversity of the
transportation network. He mentioned that there are many more reasons as to why the Plan is
important, but the final reason he wanted to mention was health and joy. He commented that people
who participate in active transportation are typically happier and healthier. He noted that a City does
not naturally occur, but a City is made by design choices. Mr. Olson said that a wise person once said
that “the best way to predict the future is to design it.”
Public Forum was closed by Mayor Pro Tem Gartin when no one else came forward to speak.
FITCH FAMILY INDOOR AQUATIC CENTER FURTHER DISCUSSION OF INDOOR
AQUATIC CENTER SITE: Mayor Pro Tem Gartin said that there would not be a decision made
by the City Council tonight as it is an opportunity for the Council to listen. This item would come
back on August 23, 2022, for the Council to deliberate. No public comments will be taken at that
time.
Parks and Recreation Director Keith Abraham explained that on July 28, 2022, City staff spoke with
representatives from the Department of Natural Resources (DNR) and the Department of
Transportation (DOT) regarding potential funding options to offset expenses related to the
contamination of the DOT site. The three grant options were: 1) DNR Brownfield Program; 2)
Federal Brownfield Program; and 3) Iowa Economic Development Authority (IEDA)
Redevelopment Tax Credit Program.
An additional idea that was mentioned by the DNR staff was to consider installing a pump-and-treat
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system in the northeast corner of the site (where the contamination is located) and clean the
groundwater before it could be drawn into the basin or building. This would result in a substantially
smaller volume of water requiring treatment as compared to treating the water that will likely collect
in the excavation when construction begins.
City staff also requested the DNR’s opinion regarding the likelihood that the geothermal wells would
be required by the DNR to be double-cased, given what is currently known about the geothermal
well location and the contamination location and characteristics. The DNR indicated that there was
not enough information, at this time, to determine what construction requirements would apply. Mr.
Abraham indicated that the DNR did give a proposal example for a pump-and-treat system similar
to what would likely be used at the DOT site. The proposal indicated a cost range of $78,572.85 to
$93,834.70 for one year of treatment, monitoring, and reporting.
Council Member Betcher asked how long the pump-and-treat system would need to be monitored
and reported. Director Abraham said that he would need to get more information from the DNR, but
believed the pump-and-treat system was to be used during construction only.
Mayor Pro Tem Gartin opened public input.
Kat Breitbach, 113 South Maple Avenue, Ames, stated she was present to speak on behalf of her
nine and ten year old children. She explained that her kids were excited about the idea of an Indoor
Aquatic Center being within walking distance from where they lived, but they would have to pay to
get in when they can go to the park for free. Ms. Breitbach said that she had tried to explain to her
kids how the DOT site had “dirty soil,” and her kids wanted to know why the City wouldn’t clean
up the “dirty soil” no matter what the outcome was.
Michael Lee, 214 S. Maple Avenue, Ames, stated he wanted to explain how and why the idea to
replace O’Neil Park with a pool is a bad idea. He noted that within a few hundred feet of the park
are nine apartment buildings and several hundred residents. O’Neil Park is the backyard of several
people in the area and the park is used for free by many people to enjoy nature, relax, and recreate.
If O’Neil Park is converted into an Indoor Aquatic Center, then the backyard for those people are
gone forever. Mr. Lee said that the conversion of O’Neil Park into an Indoor Aquatic Center will
increase the carbon footprint because the total green space of the Park will become buildings and
pavement. Also, a substitute Park to the west of O’Neil Park will very likely require the removal of
several large trees, insertion of concrete, pavement for parking, and clearing ground for equipment.
He noted that there had been two recent failed referendums that have involved Indoor Pools and
wondered why the City did not do another referendum. He felt this way the City would not have to
rely on anecdotal evidence about people telling the City the need for a pool and indoor walking track.
He wondered if people have tried walking at the mall. Mr. Lee gave a brief history on the O’Neil
family and how the Park was donated to the City. He mentioned that the City should be putting up
a statue in O’Neil Park for the family instead of an Indoor Aquatic Center.
Jonathan Bunge, 226 S. Maple Avenue, Ames, said he did not believe the City had conducted a Park
usage study. He said he had a unique perspective as he is the only single-family dwelling directly
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north of O’Neil Park. Mr. Bunge commented that he could speak to the growing usage of the Park
since he moved to the area in 2011. Mr. Bunge stated that while it is not a study, he could attest to
the amount of people that use O’Neil Park. He believed that the City should slow down the process
and find a location that everyone could feel good about. Mr. Bunge said that $10 million is a lot of
money, but did not believe the money was worth risking the balance of the neighborhood. He wanted
to know if staff had visited other towns where there is an Indoor Aquatic Center to see what worked
for them. Mr. Bunge noted that it will cost money to get into the Indoor Aquatic Center and there
are a lot of low-to middle-income residents in the area who will not be able to enjoy the Indoor
Aquatic Center as they will not be able to afford it. He commented that he knows it would be easy
to put an Indoor Aquatic Center within O’Neil Park, but it would be for all the wrong reasons. Mr.
Bunge said that Director Abraham had mentioned the Park was empty one time when he drove by
and if that was the basis on how the City was going to use to determine if a park was viable then
there are several other parks that are vacant at times and should be considered for development.
Council Member Amber Corrieri arrived at 6:25 p.m.
Paul Attema, 229 S. Russell Avenue, Ames, said he supports the proposed Indoor Aquatic Center
at O’Neil Park. He mentioned that a lot of people that he had spoken to along South Russell and
South Riverside also support the Indoor Aquatic Center project. Mr. Attema encouraged those
citizens to email the City Council. He believes that the Council can build the Indoor Aquatic Center
at O’Neil Park and still be able to address neighborhood concerns.
Eryn Shriver, 202 S. Maple Avenue, Ames, stated she has lived in the neighborhood since 2008. She
noted that she agrees with what has been said at the previous meeting and also tonight. Ms. Shriver
said she had written a long letter to the City Council. She wanted to address the misunderstanding
regarding the comparison between Miracle Park and O’Neil Park. Ms. Shriver explained that when
the Miracle Park was completed it opened a much needed space for members of the community. It
also retained much of the green space, walking trails, and playground equipment. She said if the
Indoor Aquatic Center was built at O’Neil Park then it would take up 100% of the space. She stated
she wanted to address the amount of usage and how the usage for O’Neil Park would only be
anecdotal and has not been properly quantified. She mentioned that a usage study should be done
at O’Neil Park and the Oak Avenue site. She explained that several times it was just her and her kids
at different times at Brookside Park, Inis Grove Park, and Emma McCarthy Lee Parks. One or two
drive-bys should not be used to quantify a space. Ms. Shriver wanted to go over two safety issues.
She said moving the Park to the green space west of its current location would not be a good idea.
She reminded the Council that there used to be houses in the area, but due to flooding the houses
were torn down. Ms. Shriver said one question that came up was if the public would embrace the
DOT site knowing it was contaminated. She said that this was previously done at the Hunziker
Sports Complex as the City had to mitigate the radiation leak in the 1950s. She had no doubt that
the City would be able to assure the citizens that the Indoor Aquatic Center at the DOT site would
be safe as well.
Jamie Dimond, 114 S. Russell Avenue, Ames, said he has lived in the area since 2007. He
appreciated the efforts of City staff and understood that staff are working off the direction of Council
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to obtain information. He said their neighborhood is asking staff to put in additional hard work to
save O’Neil Park. Mr. Dimond mentioned at the last City Council meeting that the annual usage for
an Indoor Aquatic Center could be as high as 50,000 people, and was used as evidence that more
people use the Pool instead of O’Neil Park. He noted that this may be true, but when asked about
Park usage an anecdotal drive-by and a phrase saying, “it is too hard to measure, we do not really
know.” Mr. Dimond would like staff to find out more information. He commented that the $2.9
million is the amount that will be saved by destroying O’Neil Park, but staff has never valued what
green space is worth in dollars, in a neighborhood, a community, or an ecosystem. Mr. Dimond
commented that citizens were told that the DOT would not adjust its price, and asked the City to do
its own appraisal and find out more information. He noted that Ames needs an Indoor Aquatic Center
and walking track and is in support of that; however, a referendum was shot down. He noted that the
neighborhood is not against building an Indoor Aquatic Center, but to build it somewhere else. He
urged the Council to use the original site or find a property that does not destroy O’Neil Park.
Jenny Lawrence, 320 S. Hazel Avenue, Ames, explained that she used to live in the apartments by
O’Neil Park. When she moved to Ames several years ago, she utilized that Park because she was a
single-mom and couldn’t afford to go to many places. She noted she has been blessed to live on S.
Hazel Avenue for the last 16 years and has taken her children to the park many times. Ms. Lawrence
said they never bought a playground for their house because they could walk to O’Neil Park. She felt
the Indoor Aquatic Center was a great idea just not at the O’Neil Park location. She felt it would
destroy the neighborhood and change the demographic. Ms. Lawrence said putting the Indoor
Aquatic Center at the DOT site or somewhere else would be better.
Judith Lemish, 327 S. Maple, Ames, mentioned she is right across the street from the Park. She
explained that the definition of revitalization is “to bring back into use or activity,” and the definition
of investment is “to spend, time, money, or effort to make something more useful.” She asked why
the reinvestment endeavor was necessary in the first place. Ms. Lemish stated that evidently the City
of Ames has determined, as a community, what is considered more valuable and what is not. She
said that the City removed businesses that were deemed “not valuable” and wants to reinvest time,
money, and effort to gain state funding to revitalize properties. Ms. Lemish mentioned that the City
of Ames wants everyone to think that the new properties on “the Linc” site will bring a greater profit
and bring activity to the central part of town to enhance and make the Downtown Corridor more
useful and desirable. She felt the City was chasing State of Iowa money to get a “twofer” the Lincoln
Way Reinvestment Development and the Indoor Aquatic Center. After putting a lot of time and
money into a site deemed “too difficult and costly” to develop, the City of Ames wants to continue
its search for state funds without giving up “the Linc” project. Ms. Lemish said that in order to
accomplish this the City determined an established neighborhood park is the best alternative to the
contaminated DOT site. She said that a park by definition is a “public garden,” and a concrete box
and parking slab did not fit her definition of a public garden. Ms. Lemish noted that the City was
reluctant to reconsider the DOT site. She said that mitigation of the site was the most ethical and
responsible choice, in her mind. Whether or not public funding is available, she felt the DOT site
was the best option to keep up with the reinvestment plan. She stated her previous suggestion of
“scrapping” or altering “the Linc” site still stood. She stated that no public park should be considered
for complete removal and that is a slippery slope and sets a dangerous precedent. She said the lack
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of respect for the O’Neil family’s gift is “shameful,” and what is equally shameful is the lack of
consideration for the public good
Mike Sullivan, 2018 Burnett Avenue, Ames, disclosed that he works for the Iowa DNR, serves on
the City of Ames Planning and Zoning Commission, serves on the Department of Human Rights
Board, and is a member of Lutheran Church of Hope; however, he is commenting as a citizen,
taxpayer, neighbor, husband, and a father. He wanted to make sure that everyone knew that his
comments were his personal views and not anyone he represented. Mr. Sullivan commended City
staff for the work that they have done. He asked that the Council take everything into account and
encouraged them to not delay action much longer. He was supportive of an Indoor Aquatic Center
no matter where it goes. He noted that every day construction costs are increasing. Mr. Sullivan
noted that there is not a whole lot to do indoors for young kids during the wintertime.
Betty Barton, 815 Onyx Circle, Ames, explained that she had lobbied for and voted for three
different bond issues that would have improved the “woefully” lacking public venues for aquatic
exercises in the City of Ames, yet they failed. She noted that one of the bonds that failed meant there
was no outdoor pool in the summer of 1983. Ms. Barton stated that after the most recent bond failure
the Council promised the citizens that there would only be a two year wait for an Indoor Aquatic
Center. She wanted to know why the City has not broken ground by now. She noted that the latest
news was that the site was contaminated and needed mitigation. Ms. Barton said instead of making
plans to do what is needed to be done to the site, the City is entertaining the idea of removing a
public park as an alternative site. She felt this was a horrible idea. She stated that the City needs to
step it up and fix the site that was originally proposed.
Barrett Randall, 420 S. 17th Street, Ames, said he was present on behalf of Randall Corporation. He
wanted to propose an alternative site. He was referring to 1325 S. 4th Street, which is a lot that is
about four blocks west of O’Neil Park. Mr. Randall said it was a large, empty lot that was ready to
be used. A proposal was given to staff and he wanted to clarify that the land is in a floodplain and
saw the land as viable for the Indoor Aquatic Center or for another park. He wanted to remind the
Council that the proposal was still an option.
Sue Ravenscroft, 455 Westwood, Ames, stated she supports the letter writers and others who
suggested the City stay with the DOT site. Ms. Ravenscroft wondered if it was ethical to walk away
from a problem and leave it for future generations to clean up. She noted that by not doing
remediation now would mean another party would have to pay more in the future. Staff have
questioned the appraisal and should be encouraged to further investigate the appraisal and also revise
the price. She suggested the City reduce the $30 million Tax Increment Financing (TIF) by any
amount of remediation cost. Ms. Ravenscroft felt that the remediation cost was not a consideration
when there is a $30 million TIF that could be bargained with. She also recommended using “ the
Linc” site as a location for the Indoor Aquatic Center. It was mentioned that there doesn’t need to
be more apartments. She said that putting the Indoor Aquatic Center in “the Linc” location would
enhance the complex considerably by avoiding overbuilding, enhance the attractiveness, make “ the
Linc,” a real destination year-round, a great swimming facility for the hotel and one of the apartment
buildings.
8
Susie Petra, 2011 Duff Avenue, Ames, stated she understood that the site for the Indoor Aquatic
Center necessitates financial, environmental, safety, sustainability, and marketing decisions. She felt
the DOT site could be environmentally remediated. Ms. Petra said the site was financially feasible
with grants and DOT assistance. She did not think it was wise to put a pool along Lincoln Way due
to the high amount of traffic. She felt that destroying the green space at O’Neil Park that has been
a haven for over 70 years, would be a hasty choice. Ms. Petra noted that the O’Neil site needed to
be eliminated from consideration. She commented that this would leave the City with two choices;
to find a site within the Reinvestment District or go outside the map. When looking to place a pool
within the Reinvestment District Ms. Petra felt there were only two viable options. One was to use
the former Water Treatment Plant land. She pointed out that this location is a great anchor as it is
near Bandshell Park, within walking distance of cafes, shopping, and the Library. She asked the
Council to seriously consider the former Water Treatment Plant site.
Amy Logan, 622 Ridgewood Avenue, Ames, said she wanted to express what an anomaly O’Neil
Park is. She mentioned it is surrounded by a big DOT Complex to the east. She pointed out that as
a former resident, one of the apartments having the green space available was an oasis for the
residents. Ms. Logan pointed out that her family are avid park goers and she sees the parks as an
asset. She said it was important to keep what they already have as another green space is not going
to become available in the middle of the City again.
Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, stated he did not believe the DOT site was great,
but felt the City should move forward with the site before more time is lost. He commented that the
City had already lost a month over the City Manager’s over concern about the environmental aspects
of the site. He said that choosing O’Neil Park as an alternative site was a “dreadful” idea. He felt
there was some way to negotiate with the DOT on the sale price of the property knowing there is
contamination on the site. Mr. Pfannkuch suggested the City get tougher with the DOT regarding
negotiations. He pointed out that in December 2020, the City started with the DOT site. It began with
Chuck Winkleblack suggesting an ambitious project for Lincoln Way. He mentioned that two people
had told the Council not to link the Indoor Aquatic Center with the Reinvestment District. He is not
sure what will happen to the “Linc” project, but thought the outcome would not be good. Mr.
Pfannkuch commented that there have been supply issues, fluctuating materials prices, and now
interest rates have jumped. He mentioned he was upset over the lack of transparency on the project
and wanted to know why the public is not receiving periodic reports on the status of the project. He
asked the Council to move forward with the DOT site and add back in the walking track and multi-
purpose rooms.
Joy Williams, 1317 N 2nd Street, Ames, stated she is a water well driller by trade. She mentioned that
she had heard a lot of people say that the contamination issues could be resolved at the DOT site.
She noted that she would like to see a lot more information, especially what the contaminants are.
Ms. Williams pointed out that when something is cleaned up the water has to go somewhere and
wants to know where the contaminated water is going to go. She pointed out that contamination
issues can be very costly. She stated that there was a big difference in putting a pool on a
contaminated site as the pool could get cracks in the concrete and there might be infiltration into the
water opposed to active vegetation at Hunziker Sports Complex. Ms. Williams said that what
9
worked at the Hunziker Sports Complex might not work at the DOT site. She was worried that
someone could develop cancer or an illness and blame the pool and could sue the City. She
commented that the City is already having a hard time getting employees for the Furman Aquatic
Center and wondered how there is going to be enough staff for an Indoor Aquatic Center. She
recommended that the City should lure a YMCA to town and let them build a facility instead of the
City.
Marie Logan, 622 Ridgewood Avenue, Ames, said she didn’t want O’Neil Park to be turned into an
Indoor Aquatic Center.
Caleb Whitehouse, 1003 Lincoln Way, Ames, explained that he lives across the street from the DOT
site. He stated he was in favor of having the pool at the DOT site. His main concern was that if the
City did not use the DOT what would happen to the lot. He didn’t think a private developer would
come in and clean up a lot and he would prefer to not live across the street from another gas station.
Mayor Pro Tem Gartin closed public input when no one else came forward to speak. He reiterated
that if anyone had additional thoughts or ideas to email the Mayor and Council.
Council Member Junck mentioned that staff has not recommended that the City get a new DOT
appraisal and wanted more information as to why that was not recommended. Director Abraham
indicated that an additional appraisal would not guarantee that it would be more favorable. With
interest rates going up the appraisal could end up coming in higher than the DOT’s appraisal and that
is a big concern. Ms. Junck pointed out that City staff has asked for help from the DOT on the
remediation and there has not been any response to that request. City Manager Steve Schainker stated
that staff has urged, on several occasions, that the $2.9 million be reduced by the cost of the
remediation, but the DOT have rejected that request.
Council Member Junck inquired if staff had visited other Indoor Aquatic Centers to see what had
been done. Director Abraham explained that they have visited several sites and a lot of ideas have
been incorporated into other projects.
Council Member Corrieri asked Director Abraham to mention when reviewing a potential site for
use how important is reviewing accessibility. She indicated that there had been some implications
that the Council is somehow influenced by the makeup of a neighborhood or the newness of a
neighborhood. Director Abraham stated accessibility is important. The first thing staff looks at is
how people can get to the site; CyRide routes and bike paths. The other part of accessibility to review
is for people with disabilities and how the site is ADA compliant.
Council Member Rollins wanted to clarify that staff has not made any recommendations to Council
for a site. Staff have provided information to the Council per the Council’s request. Director
Abraham said that was correct. He indicated that the DOT site is still the original site and staff has
not made any recommendations. Ms. Rollins commented that there has been an overwhelming
response for the need for an Indoor Aquatic Center.
10
Council Member Betcher wanted to know if the boundaries of the Reinvestment District could be
redrawn or has it not been pursued. Mr. Schainker stated that it is possible to request it, but can’t
guarantee it will be approved.
Mayor Pro Tem Gartin mentioned a few people had mentioned the possibility of not being able to
afford going to the Indoor Aquatic Center due to the price of admission and wanted to know what
programs were available to help. Director Abraham indicated that they try to price what the majority
of people can afford, and then find ways to help those that can’t afford that price. He commented that
there is a Parks and Recreation Scholarship Program. He noted that for youth programs, staff works
with MICA to get help for families and if they qualify then they receive a 50% discount to that
program. This is also done with family pool passes. Director Abraham noted that there have been
times that some families had a hard time paying the 50% and he has worked with the families to
make sure they still have access to all of the programs.
Mr. Schainker wanted to emphasize that the site the City is looking at is the DOT site. Staff wanted
to do its due diligence and told the Council and the public what was found at the DOT site. Staff has
been working on fact finding for the past couple of weeks. Staff did say that the O’Neil site was the
best out of the three sites; however, staff has not recommended moving away from the DOT site nor
has City Council voted to move away from the DOT site. It is hopeful that the City Council will
move forward on August 23, 2022, with a decision. He understands this is a sensitive topic.
REQUEST FROM AMES CHAMBER OF COMMERCE SMALL BUSINESS SATURDAY
ON NOVEMBER 26, 2022: Assistant City Manager Brian Phillips explained this would normally
be on the Consent Agenda, but there is some uniqueness to the request. For many years, the Ames
Chamber of Commerce has held a Small Business Saturday event in the Downtown area. The
Chamber has now submitted a request to also facilitate Small Business Saturday in Campustown on
November 26, 2022. Historically, four special events each year include a request for district-wide
free parking. All four events are Main Street events, where one day of waived parking totals
$1,370.25 in lost parking revenue. Rather than require Ames Main Street to directly reimburse the
Parking Fund, the City Council has allocated funding in the City Budget to transfer from the Local
Option Sales Tax Fund to the Parking fund to make the Parking Fund whole for this lost revenue.
Although the City Council allocated funding in the City Budget for those four events, funding was
not requested by the Chamber during the budget preparation process for this Campustown Small
Business Saturday request. Therefore, to implement the City Council’s adopted policy regarding
area-wide free parking, the Chamber of Commerce will be required to reimburse the City for the
$1,225 in lost parking revenue. Mr. Phillips stated that Chamber staff had indicated that it would be
willing to pay for the lost parking meter revenue, if necessary, to approve the event.
Mayor Pro Tem Gartin opened public input.
Sarah Dvorsky, 304 Main Street, Ames, mentioned she was here representing the Ames Chamber
of Commerce. She said that they have met with the Campustown Business District and there is a
huge desire from the Campustown Business District to participate in Small Business Saturday similar
to what is done in Downtown Ames. She indicated that their Agreement is new with the
11
Campustown Business District and if the parking fee waiver is not approved this year, they are okay
to pay the fee, but will be asking for the additional fee in next year’s budget.
Public comment was closed by Mayor Pro Tem Gartin when no one else came forward to speak.
Moved by Corrieri, seconded by Rollins, to approve the Blanket Temporary Obstruction Permit.
Vote on Motion: 5-0. Motion declared carried unanimously.
Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 22-454 approving the
suspension of parking regulations and enforcement for Campustown Business District from 8:00
a.m. to 8:00 p.m. on Saturday, November 26, 2022.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Corrieri, seconded by Rollins, to deny the request for a waiver of parking meter fees.
Vote on Motion: 5-0. Motion declared carried unanimously.
AGREEMENT WITH ISU COMMUNITY AND REGIONAL PLANNING REGARDING
COMMUNITY ENGAGEMENT FOR POP-UP PLAYFUL COMMUNITY ENGAGEMENT
EVENTS AND AUTHORIZE $10,000 FROM THE COUNCIL’S CONTINGENCY
ACCOUNT TO PAY FOR THE INITIATIVE: City Manager Steve Schainker highlighted what
the Program will entail. He reminded the Council that one of its goals is to develop, test, and
evaluate strategies to improve community engagement, particularly as it relates to underrepresented
groups in the community. The specific task assigned under this goal is to work with Dr. Alenka
Poplin and her Community and Regional Planning classes at ISU to host another “Play Ames”
festival. In order to make the research more relevant to the City, the citizen input derived from the
play experiences will be designed around the City’s effort to implement sustainability programs to
reduce the community’s carbon footprint. The engagement activities are planned to occur over the
Fall and Spring semesters and will cost the City $10,000.
Public comment was opened and closed by Mayor Pro Tem Gartin when no one came forward to
speak.
Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 22-455 approving an
Agreement with ISU Community and Regional Planning regarding Community Engagement for pop-
up playful community engagement events and authorizing $10,000 from the Council’s Contingency
Account to pay for the initiative.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes
REQUEST FOR WAIVER OF PLATTING AUTHORITY IN THE URBAN FRINGE AT
HIDDEN CREEK FARM, LLC IN STORY COUNTY: City Planner Julie Gould stated that the
property in question is located in the northeast corner of West 190th Street and Grant Avenue. The
property owner, Hidden Creek Farm, LLC, wishes to subdivide the parcel into two parcels, with the
12
intent of gifting approximately 16 acres to a local church for future development.
Presently, the land north of 190th Street is designated as Agricultural & Farm Service and is within
the Story County Study area based on the Ames Urban Fringe Plan (AUFP). The Story County Study
Area is land located within two miles of the Gilbert City boundary and within Ames’ two-mile
jurisdictional area. The AUFP states that cities shall retain their jurisdictional power and maintain
land use, subdivision, and zoning until joint decisions can be made, and that shared and consistent
planning objectives need to be identified to manage development in and around communities. Ames
Plan 2040 designates this area as Urban Reserve and is considered to be a Tier 3.
Ms. Gould said that the property owner is asking for the City to waive all subdivision authority. Staff
briefly reviewed the proposed division and had some concerns about ensuring continuity with future
development. Issues that staff believed should be addressed before a conditional use permit process
for a future church begins, include access locations, future road extension of McFarland Avenue to
the north, right-of-way dedication, and if conservation subdivision requirements and other
improvement items that could impact surrounding areas within the City’s jurisdiction if subdivision
authority is waived.
Ms. Gould noted that staff would recommend denying the applicant’s request at this time as staff
would like to be able to do a full review. She said that staff was not opposed to the subdivision or
the use. She did mention that she spoke with the applicant’s representative and they had voiced their
concern about the timing as they did not want to delay their project.
Mayor Pro Tem Gartin opened public input and closed it when no one came forward to speak.
Moved by Junck, seconded by Rollins, to deny applicants request to waive the City Subdivision
requirements and platting authority at this time.
Vote on Motion: 5-0. Motion declared carried unanimously.
DISCUSSION ON PROCEDURE TO RENAME THE AMES MUNICIPAL AIRPORT:
Traffic Engineer Damion Pregitzer stated that staff has reached out to the Federal Aviation
Administration (FAA) and asked them about the procedure and cost to rename the Ames Municipal
Airport. The FAA indicated that 1) there was no cost from the FAA, they would need a City Council
resolution requesting to change the name, 2) an airspace study would be required to assure that no
obstructions are being created with the signage change, and 3) the name should include the name of
the City so that people who may be unfamiliar with the name still know where the Airport is located.
Staff did solicit estimates from local sign companies to modify the name on the front and back of
the Terminal Building and at the monument sign at the Airport’s entrance. It was estimated that it
would cost around $7,500 to get all the signage changed. Mr. Pregitzer indicated that the procedure
itself would be difficult as a lengthy audit would need to be done to change the name in all systems.
Public input opened and then closed by Mayor Pro Tem Gartin when no one came forward to speak.
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Moved by Betcher, seconded by Rollins, to place on a future agenda a discussion on renaming the
Ames Municipal Airport after James Herman Banning.
Mayor Pro Tem Gartin stated he has not heard of this gentleman and he is not sure the community
has either. He said he was not opposed to naming the airport after Mr. Banning; however, no one in
the community knows who Mr. Banning is.
Vote on Motion: 5-0. Motion declared carried unanimously.
AUTHORIZING THE ENHANCED PENALTIES FOR NUISANCE PARTY VIOLATIONS
BEGINNING AT 5:00 P.M., FRIDAY, AUGUST 19, 2022, AND ENDING AT 4:00 A.M. ON
SUNDAY, AUGUST 21, 2022: Police Chief Geoff Huff stated that on July 29, 2022, the City
Council approved an ordinance to allow for enhanced penalties for nuisance parties when authorized
by City Council resolution. Staff is requesting to approve a resolution authorizing the use of
enhanced penalties for nuisance parties beginning at 5:00 p.m. Friday, August 19, 2022, and ending
at 4:00 a.m. on Sunday, August 21, 2022. These dates correspond with the weekend before Iowa
State University classes begin. Currently, the fine for a first violation of the ordinance is $100, and
$200 for second and subsequent violations. The new ordinance passed on July 29, 2022 allows for
enhanced penalties for nuisance party violations of $650 for the first offense and $855 for each
repeat offense on dates and times approved by resolution by City Council.
It was asked why the time would end at 4:00 a.m. Chief Huff noted that traditionally a lot starts to
happen at 5:00 p.m. and by 4:00 a.m. things are tending to wrap-up.
Mayor Pro Tem Gartin asked how education was being done. Chief Huff noted that staff has already
started educating areas that will be tough spots. Staff will take the following steps to notify the public
about the new ordinance: 1) The Police Department and ISU staff will inform residents while going
door-to-door during the Good Neighbor Campaign in early August; 2) An email outlining the
changes to the ordinance will be sent to property managers and owners, with a request to forward
the message to tenants. A similar email will be sent to neighborhood associations; and 3) Both the
City and the University will publicize the changes in press releases and social media accounts.
Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 22-456 authorizing the
enhanced penalties for nuisance party violations beginning at 5:00 p.m., Friday, August 19, 2022,
and ending at 4:00 a.m. on Sunday, August 21, 2022.
Roll Call Vote: 4-1. Voting Aye: Betcher, Corrieri, Gartin, Rollins. Voting Nay: Junck. Resolution
declared adopted, signed by the Mayor, and hereby made a portion of these Minutes.
Mayor Pro Tem Gartin asked if a follow-up memo could be provided to the Council after the
weekend to let them know how the weekend went. Chief Huff noted he could provide one.
STATE REVOLVING FUND LOAN AGREEMENT IN THE AMOUNT OF $3,500,000 TO
BE REPAID WITH WATER UTILITY REVENUE: Finance Director Duane Pitcher stated this
is the last step to get approval of the Loan Agreement. The Loan Agreement and the resolutions will
14
go to the Iowa Finance Authority.
Mayor Pro Tem Gartin opened public input. It was closed when no one came forward to speak.
Moved by Junck, seconded by Corrieri, to adopt RESOLUTION NO. 22-457 approving the State
Revolving Fund Loan Agreement in the amount of $3,500,000 to be repaid with Water Utility
Revenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON PROPOSED 2022-23 CDBG ANNUAL ACTION PLAN PROGRAM
PROJECTS AND BUDGET: Housing Coordinator Vanessa Baker-Latimer stated the Annual
Action Plan was presented to the Council in June and July, 2022. City Council then directed staff
to proceed with preparing the 2022/23 Proposed Annual Action Plan for the 30-day required public
comment period. The Proposed Plan was made available to the public from July 1, 2022, through
August 1, 2022. No comments were received during that time. Staff requested that the Council
approve the submission of the Plan for approval by HUD on or by August 16, 2022.
Mayor Pro Tem Gartin opened the public hearing and closed it when no one came forward to speak.
Moved by Rollins, seconded by Junck, to adopt RESOLUTION NO. 22-458 approving Projects and
Budget and directing staff to submit the Plan for approval by HUD on or by August 16, 2022.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes
HEARING ON REZONING, WITH MASTER PLAN, 798 NORTH 500TH AVENUE FROM
“A” (AGRICULTURAL) TO “FS-RL” (FLOATING SUBURBAN RESIDENTIAL LOW
DENSITY): City Planner Justin Moore explained that Hunziker Development Group, the owner of
28.58 acre property located at 798 North 500th Avenue, has applied to rezone the property from
Agricultural “A” to Floating Suburban Residential Low-Density (FS-RL) with a Master Plan. The
site is to the north of the existing Sunset Ridge Subdivision. The property was annexed into the City
of Ames in February 2022, and it automatically defaulted to Agricultural zoning.
The developer proposes to construct between 55-65 new single-family detached homes on 13.27
acres. The Contract Rezoning Agreement outlines the terms of the sanitary sewer construction as an
“oversizing” Cost Share Agreement. The Agreement states 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" 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.
Mr. Moore indicated that American Rescue Plan Act (ARPA) funds have been allocated for the
15
construction of the 12' sanitary sewer trunk line. In this case, as with other developments involving
cost sharing of infrastructure installation, the developer is responsible to pay their portion of the
standard size of the trunk sewer line.
Mayor Pro Tem Gartin asked how much federal money will be used towards the infrastructure. Mr.
Moore indicated the amount budgeted was $1,065,000.
Mayor Pro Tem Gartin opened the public hearing and it was closed when no one came forward to
speak.
Mayor Pro Tem Gartin inquired if any aspects of the property were in environmentally sensitive
areas. Mr. Moore said the only aspect would be the extreme far east where there are some open
spaces, as there is a small amount of floodplain.
Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 22-459 approving the
Rezoning Agreement for 798 North 500th Avenue.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
Moved by Corrieri, seconded by Junck, to pass on first reading an ordinance rezoning, with Master
Plan, 798 North 500th Avenue from “A” (Agricultural) to “FS-RL” (Floating Suburban Residential
Low Density).
Vote on Motion: 5-0. Motion declared carried unanimously.
HEARING ON 2021/22 SHARED USE PATH SYSTEM EXPANSION: The public hearing was
opened by Mayor Pro Tem Gartin and it was closed when no one came forward to speak.
Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 22-460 approving the final
plans and specifications and awarding a contract to Howery Construction, Inc., of Rockwell City,
Iowa, in the amount of $216,405.80.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
H E A R I N G O N C O O L I N G T O W E R B L O W D O W N S A N I T A R Y S E W E R
MODIFICATIONS: The public hearing was opened and closed when no one came forward to
speak.
Moved by Corrieri, seconded by Junck, to adopt RESOLUTION NO. 22-461 approving the final
plans and specifications and awarding a contract to Keller Excavating, Inc., of Boone, Iowa, in the
amount of $354,894.20 (inclusive of Iowa sales tax).
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE FOR A ZONING TEXT AMENDMENT, AS AMENDED, TO REDUCE
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MEDICAL PARKING RATES FOR BUILDINGS FEWER THAN 50,000 SQUARE FEET
AND UPDATE MEDICAL OFFICE DEFINITIONS: Moved by Junck, seconded by Rollins,
to pass on second reading and ordinance for a Zoning Text Amendment to reduce Medical Parking
rates for buildings fewer than 50,000 square feet and update medical office definitions.
Vote on Motion: 5-0. Motion declared carried unanimously.
ORDINANCE ADOPTING THE PROPOSED AMENDMENT TO THE CITY’S PLANNING
PROJECT REVIEW AND NOTIFICATION PROCESS AND APPROVAL PROCESS
RELATED TO CHAPTERS 20 AND 29 OF THE AMES MUNICIPAL CODE: Moved by
Junck, seconded by Rollins, to pass on third reading and adopt ORDINANCE NO. 4475 adopting
the proposed amendment to the City’s Planning Project Review and Notification Process and
Approval process related to Chapters 20 and 29 of the Ames Municipal Code.
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 first item was a letter from Lee
Grassley, Mediacom Senior Manager, informing the Council of its programming changes and rate
adjustments. This was for informational purposes only and no action was taken by the City Council.
The second item was a letter from Chuck Winkleblack, Hunziker & Associates, Inc., requesting to
make changes to the Small Lot Industrial Development on North Dayton Avenue.
City Manager Steve Schainker explained that the developer had an approved Site Plan, but as they
moved forward with the project they found there was a lot of interest, and the developer would like
to change the layout. One change the developer wanted to make was to go from 13 lots to ten lots.
Another caveat was that each lot couldn’t be bigger than 10 acres and there will be two lots that will
be 10.6 acres and 10.4 acres. Mr. Winkleblack was asking for the Council to reconsider the initial
Site Plan and allow modifications. Mr. Schainker commented that he spoke with the City Attorney
and was told that it was within the Council’s legal ability to modify any changes.
Moved by Junck, seconded by Rollins, to place the letter from Mr. Winkleblack on a future agenda
for discussion.
Vote on Motion: 5-0 Motion declared carried unanimously.
The third item was an email from Kathie Whattoff, 325 S. Wilmoth, Ames with concerns regarding
Recreational Fire Code Compliance.
Mr. Schainker stated that there is a history of dealing with this particular complaint, but staff has not
been able, with the current codes, to satisfy the neighbor. He indicated if there were any violations
then the City would have to witness them. Staff has gone out on three occasions and there has not
been any evidence that the neighbor can be cited.
Mayor Pro Tem Gartin stated that there have been a number of concerns from property owners who
are frustrated by their neighbors. The neighbor may be in compliance with City Code, but wondered
17
if the City ever told someone to seek legal counsel to see if there is a private cause of action aside
from the enforcement of a City Code. City Attorney Mark Lambert confirmed that there have been
multiple occasions where that has been done.
Moved by Junck, seconded by Rollins, to have staff to respond to Ms. Whattoff with what has
already been done in the past and what to do with any future problems.
The last item was a memo from Keith Abraham, Parks and Recreation Director, informing the City
Council of the 2022 end of season hours at Furman Aquatic Center. This was for informational
purposes only and no action was taken.
COUNCIL COMMENTS: Council Member Rollins stated she had volunteered at Rummage
RAMPage and it was a great experience. She noted that National Night Out did great, despite the
heat, around 2,000 people came out, and organizers handed out over 700 backpacks.
Council Member Junck said she was looking forward to next week’s Workshop on the Bicycle and
Pedestrian Master Plan.
ADJOURNMENT: Moved by Junck, seconded by Corrieri, to adjourn the meeting at 8:29 p.m.
Vote on Motion: 5-0. Motion declared carried unanimously.
___________________________________________________________________
Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor
__________________________________
Renee Hall, 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)
Public Works Traffic Signal Poles for
2020/21 South Dayton
Improvements
1 $78,348.00 Millerbernd
Manufacturing
$0.00 $149.00 M. Gansen KS
Public Works Traffic Signal Poles for
University Blvd & South 4th
Street
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For City Council Date: August 23, 2022
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Item No. 8
1
ITEM: ___9___
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: REQUESTS FOR RUN FOR THE ROSES
BACKGROUND:
The members of Alpha Omicron Pi and the Ames Area Running Club are proposing to
host their 36th annual Run for the Roses event on Sunday, October 23 from 9:00 a.m. to
1:30 p.m. The event includes a 5k race/walk, 10k race, kid’s run, and a post-race
breakfast. An estimated 800 participants are anticipated to attend.
The race involves a new route compared to previous years. Organizers have requested
to move the run to the Downtown area, using a route similar to the former Downtown
Midnight Madness route. The route begins adjacent City Hall, circling a portion of
Downtown, and proceeding towards Iowa State University campus before looping back
around and concluding in Downtown. Registration/packet pick-up and an omelet
breakfast will be held in the Community Center Gymnasium.
In order to facilitate the movement of participants, temporary street closures are
required on Sunday, October 23 from 6:00 a.m. to approximately 1:30 p.m. on the
following streets:
• Fifth Street from Pearle Avenue to Douglas Avenue
• Douglas Avenue from Fifth Street to Sixth Street
• Sixth Street from Burnett Avenue to Douglas Avenue
• Burnett Avenue from Sixth Street to Main Street
• Main Street from Burnett Avenue to Allan Drive
• Northwestern Avenue from Allan Drive to Sixth Street
• Sixth Street from Northwestern Avenue to University Boulevard
• University Boulevard from Sixth Street to Haber Road
The streets will reopen as runners pass through each area during the final run. Public
Works will provide barricades and traffic cones to facilitate the road closures, and
volunteers will staff them. A blanket temporary obstruction permit for the race area is
requested. In addition, the closure of parking meters along the race route is requested,
but because the event will occur on a Sunday, no parking meter revenue will be lost.
Organizers have requested a waiver of the $50 Road Race permit fee.
Event organizers have indicated they will go door-to-door with event information to the
affected properties along the route, including the Downtown churches that hold services
at the time the event will occur. Additionally, City staff will coordinate the use of the
Community Center Gymnasium for this event with the users of the City Auditorium, as
both groups will be using the facilities at the same time.
2
ALTERNATIVES:
1. Approve the requests of the event organizers for Run for the Roses on October
23, 2022.
2. Do not approve the requests and direct staff to work with organizers to find an
alternate location for the event.
CITY MANAGER’S RECOMMENDED ACTION:
Run for the Roses is a long-standing philanthropic event in Ames. The event has been
well-organized in previous years, and the proposed route has been utilized for similar
events.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org
August 10, 2022
Mayor and City Councill
City of Ames
515 Clark Ave
Ames, IA 50010
Dear Mayor Haila and Members of the Ames City Council,
Ames Main Street is proud to offer its support for the annual Run for the Roses 5K, 10K and Kids
Fun Run, hosted by Alpha Omicron Pi and the Ames Area Running Club, on October 23, 2022. As
this is year 36 for this race, we are excited to have them join us in Downtown Ames. We also
endorse the closure of the streets to make this event happen, to keep all runners, walkers, and
spectators safe.
Events of this nature help Downtown Ames achieve its vision of making it the primary destination
of Central Iowa by creating an economically vibrant district with unique living, dining, and
entertainment experiences.
Sincerely,
Sarah Dvorsky
Executive Director
Ames Main Street
1
ITEM #: __10___
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: HEADWATERS OF THE SOUTH SKUNK RIVER WATERSHED
MANAGEMENT AUTHORITY
BACKGROUND:
On July 18, 2018, City Council approved joining an intergovernmental group creating the
Headwaters of the South Skunk River Watershed
Management Authority (WMA). This group consists
of various citiy and county governments located
within the watershed boundary. Council member
Tim Gartin has been appointent by the Mayor to
serve on this WMA as a voting member.
Following the creation of this group, the WMA was
awarded a grant from the Iowa DNR to develop a
watershed plan. A technical team consisting of
WMA members was developed to assist with
consultant selection and work with the consultant
on the plan development. Neil Weiss, Assistant
Director with the Water & Pollution Control
Department, has been serving as the Ames
representative for the technical team. This team
meets on a regular basis in conjunction with the
WMA meetings.
To ensure there is a quorum for each meeting, the WMA has asked that each entity
appoint an alternate voting member. Staff is requesting Neil Weiss to be designated
as the City’s alternate voting representative.
ALTERNATIVES:
1. Approve Neil Weiss to serve as an alternate voting member to the Headwaters of the
South Skunk River Watershed Management Authority.
2. Approve someone else to served as an alternate voting member to the Headwaters
of the South Skunk River Watershed Management Authority.
3. Do not approve an alternate voting representative to the Headwaters of the South
Skunk River Watershed Management Authority at this time.
2
CITY MANAGER’S RECOMMENDED ACTION:
The Headwaters of the South Skunk River Watershed Management Authority provides
for intergovernmental and public-private cooperation to improve water quality and reduce
river flooding by identifying watershed-specific goals and implementing strategies that
address education, outreach, and watershed-based improvements. To ensure there is
sufficient voting members for each meeting, the WMA is requesting that each entity
designate an alternate voting member. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as described above.
Smart Choice
515.239.5101 main
5.239.5142 fax
15 Clark Ave.
mes, IA 50010
w.CityofAmes.org
MEMO
To: Mayor and Ames City Council
From: Steven L. Schainker, City Manager
Date: August 19, 0222
Subject: City Council DEI Training
During your goal-setting workshop, the City Council expressed its desire
to create a diverse, equitable, and inclusive community. One of the initial
tasks under this value is to provide training to the Council regarding
diversity, equity, and inclusion in relation to the policy making
process.
Based on the recommendations I received from a few of the Council
members, I approached Joshua Barr about his ability and willingness to
provide this training to the City Council. Many of you will recall that
Joshua, who has a private consulting business that specializes DEI
training, was a speaker at our previous Community DEI Symposium.
As can see from the attached contract, the emphasis during the three-hour
session will be on the potential use of Community Impact Assessment
tools to determine the impact Council policies can have on specific groups
in our community.
“Policies are not passed in a vacuum; they have real-world effects and must be thought through
before decisions are made and implemented. When certain groups are not at the table, they are
typically forgotten and the passing of policies without their consideration or voice can have
detrimental effects on their communities. Community impact assessment (or racial equity) tools can
be utilized to determine if there are other communities and voices that need to be considered
before policies are made and implemented. These tools can also be utilized to determine what kind
of impact policies can potentially have on specific groups within a community.
The workshop will examine how to utilize community impact assessment tools in order to determine
who needs to be considered before final decisions are made. This workshop will not create the tool,
Item No. 11
but rather introduce how it can be utilized in your community and the participants can decide if it is
something they would like to utilize in their community. Examples of other tools will be introduced
and discussed for the group to make an informed decision on what would work best for their
community. The discussion will also include a discussion on how biases and blind spots of the staff
utilizing the tools can affect the ability of assessment tools to be effective and how to reduce the
impact of biases on any analysis.”
Because this proposed contract involves work specifically requested
by the City Council and the $5,000 fee is being recommended to
come from the Council Contingency Account, I am seeking formal
approval from the City Council of the contract as well as proposed
funding source.
Proposed Statement
of Work for the City
of Ames, Iowa
Presented by Joshua V. Barr, Esq. of Raising
The Barr, LLC
Version 2.5
August 11, 2022
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
2
Proposal Contents
I. Client and Proposed Schedule ........................................................................................ 3
II. Methodology ................................................................................................................... 3
III. Workshop Offering ......................................................................................................... 3
IV. Biography ........................................................................................................................ 4
V. Cost Proposal .................................................................................................................. 5
VI. Shared Technology for Public Meetings ........................................................................ 5
VII. COVID-19 and other illnesses affecting Agreement dates ............................................. 5
VIII. References ....................................................................................................................... 6
IX. Acceptance and Authorization ........................................................................................ 7
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
3
I. Client and Proposed Schedule
Client name City of Ames, Iowa
Client’s administrator City Manager Steve Schainker
Workshop name Mitigating Potential Harm to Communities: Utilizing Community
Impact Assessment Tools in the Policy & Decision-Making Process
Engagement duration 1 Workshop, Up to 3 Hours
Begin date TBD
End date TBD
II. Methodology
At Raising The Barr, LLC (RTB) we believe that “those closest to the problem are closest to the
solutions” and that no lasting, positive change has ever succeeded without the full participation,
insights, and leadership of those most affected. While many cities are now focused on equity initiatives,
many of these cities focus only on internal equity initiatives ignoring the greater community beyond
the city hall walls. The goal of government should be to not only create an equitable workplace but an
equitable and just community where each segment of the population has the ability to self-actualize,
self-transcend, and determine its own destiny.
In the DEI space, there are a lot of platitudes and words stated about why diversity, equity, and
inclusion are important but very few seem to offer the tools necessary to put diversity, equity,
inclusion, and justice into practice at the local government level. Joshua V. Barr, President & Chief
Strategist, of Raising The Barr, LLC, comes with a background of experience implementing tools to
transform communities and workspaces. In the following workshops, Joshua V. Barr and RTB will
walk through some of the tools that local government entities can utilize to make DEI a reality not
just in words but also in deeds.
III. Workshop Offering
Mitigating Potential Harm to Communities: Utilizing Community Impact Assessment Tools
in the Policy & Decision-Making Process
Policies are not passed in a vacuum; they have real-world effects and must be thought through before
decisions are made and implemented. When certain groups are not at the table, they are typically
forgotten and the passing of policies without their consideration or voice can have detrimental effects
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
4
on their communities. Community impact assessment (or racial equity) tools can be utilized to
determine if there are other communities and voices that need to be considered before poli cies are
made and implemented. That can also be utilized to determine what kind of impact policies can
potentially have on specific groups within a community. This workshop will examine how to utilize
community impact assessment tools in order to determine who needs to be considered before final
decisions are made. This workshop will not create the tool but rather introduce how it can be utilized
in your community and the participants can decide if it is something they would like to utilize in their
community. Examples of other tools will be introduced and discussed for the group to make an
informed decision on what would work best for their community. The discussion will also include a
discussion on how biases and blind spots of the staff utilizing the tools can affect the ability of
assessment tools to be effective and how to reduce the impact of biases on any analysis.
Organizational Value Added
1. How to properly engage, include, and value all members of the community to ensure that their
voices and concerns are heard in the decision-making process;
2. Introduction to community impact assessment or racial equity tools and how they can be
utilized in your community;
3. How to evaluate the uniqueness of your community (economics and demographics) to ensure
that the toolkit is properly framed to address the specific concerns of your community;
4. How to determine who should be involved in the assessment process based on the issue;
5. How bias and cultural blind spots can diminish the effectiveness of the tools and what can be
done to diminish the impact of biases;
6. Suggestions on how the organization can implement this process in every department and
sector of government.
Recommended Time: 2.5 to 3 Hours
IV. Biography
Joshua V. Barr, President & Chief Strategist
Joshua V. Barr is an Emmy and national award-winning, transformational leader from South Carolina
with an MBA and Juris Doctorate who has trained people on human rights, diversity, equity, and
inclusion issues from all 50 states and 5 continents. Over the course of his career Joshua worked in
Colombia, South America, conducting investigations on institutional corruption, leading the English
language immersion program at Javeriana University, and conducting corporate law with Corn
Products International. Joshua tried to force a corporate career but he couldn’t run from who he truly
was and moved into the civil/human rights field because of his passion to solve the issues of people .
Joshua moved back to the US and became the Staff Attorney and Fair Housing Director of the State
of South Carolina Human Affairs Commission where he laid the foundation for the civil rights agency
to be more aggressive in its enforcement of civil rights violations. During his time with the
Commission, Joshua retrained the investigations staff assisting them in finding more than sixty
probable cause discrimination violations in 2015, the highest number of probable cause cases in South
Carolina history at that time.
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
5
One of Joshua’s proudest moments in solving people issues was the Bridging the Gap initiative where
his team at the Des Moines Civil & Human Rights Commission conducted community dialogues
throughout the city determining what could be done to increase opportunity and make a safe, more
just community for all. Through that initiative, Joshua and his team were able to craft, develop, and
implement over 25 new city policies and practices designed to improve community-government
relations and help residents move up the socio-economic ladder. In 2020, Joshua debuted his Emmy
award-winning documentary Breaking Bread, Building Bridges where nearly 40 strangers were matched
up together based on their differences to have dinners over the course of a few months. Joshua served
as the creator, director, and executive producer of the documentary/project. The documentary was
awarded the 2020 Governor’s Emmy Award. Joshua has won a number of other awards including
being named #5 of the top 100 influencers in local government in the United States by Engaging
Local Government Leaders (ELGL) organization in part for his article A Better Way: 50+ Action Items
to Fight Against Racism In Your Community. Other awards include Top 100 US Corporate Executive
Leaders Under 50, 2019 Public Servant of the Year by the Des Moines Neighborhood Associations,
and the 2020 Martin Luther King, Jr. Make-A-Difference Award by the Greater Des Moines YMCA.
Joshua now serves as the Chief Strategist and President of his own organization, Raising The Barr,
where he trains organizations on how to reach new heights by investing in their employees and
stakeholders through inclusive and equitable policies and practices in order to improve the
organization’s performance, revenues, and community impact.
V. Cost Proposal
Description of Services Provided Costs
Mitigating Potential Harm to Communities:
Utilizing Community Impact Assessment
Tools in the Policy & Decision-Making
Process Workshop
$5000.00
Total $5,000.00
VI. Shared Technology for Public Meetings
For meetings with the City of Ames, RTB will use the technology of the City of Ames to conduct or
host those meetings. RTB will work with their designated liaison to test the technology. If the City of
Ames cannot provide RTB with technology that is sufficient for RTB needs, the City of Ames will
allow RTB to utilize other technological software or devices to conduct the meetings so long as it does
not violate city policies or laws.
VII. COVID-19 and other illnesses affecting Agreement dates
Due to the COVID-19 pandemic that has affected the planet, both the City of Ames and RTB enter
this agreement knowing that there may be delays in services caused by a surge in cases that could
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
6
impact participation or the sickness of an RTB team member or members of the CCC c ommittee. If
there any delays caused by RTB due to COVID-19 or other unforeseen illnesses, RTB will notify its
appointed liaison as soon as possible of delays that could be caused by the illness. The parties to this
agreement agree that delays caused by surges in COVID-19 cases and illness by either party will not
void the agreement and the parties will work together to readjust any timeline developed by the parties.
VIII. References
Malcolm Hankins
Assistant City Manager
City of Des Moines
mahankins@dmgov.org
(480) 228-3929
Emily J. Shields, Commissioner
Executive Director
Iowa Association of Community Colleges
ejshields@iacct.com
(515) 321-6024
Brynne L. Howard
Managing Attorney
Iowa Legal Aid
bhoward@iowalaw.org
515-243-1198 Ext. 1619
Josh Mandelbaum, Esq.
Des Moines City Councilmember
joshmandelbaum@dmgov.org
(515) 250-3384
Cameron Nicholson
Chief Operating Officer
Greater Des Moines YMCA
cameron.nicholson@dmymca.org
(980) 225-6695
joshua@raisingthebarrllc.com | 803-250-5820 | www.raisingthebarrllc.com
7
IX. Acceptance and Authorization
The terms and conditions of the Professional Services Agreement apply in full to the services and
products provided under this Statement of Work.
IN WITNESS WHEREOF, the parties hereto each acting with proper authority have executed
this Statement of Work, under seal.
Joshua V. Barr, Raising The Barr, LLC
Full name Client & Agent
President & Chief Strategist
Title Title
Signature Signature
Date Date
1
ITEM #: __12___
DATE: 08/23/22
* AMENDED *
COUNCIL ACTION FORM
SUBJECT: CERTIFICATE OF CONSISTENCY WITH THE CITY’S 20 19-2023
CDBG CONSOLIDATED PLAN ON BEHALF OF TWO AREA NON-
PROFIT ORGANZATIONS FOR FUNDING UNDER THE STATE OF
IOWA’S CONTINUUM OF CARE GRANT FUNDING.
BACKGROUND:
For the program year 2022-23, in order for The Bridge Home and YSS to continue to
receive funding as part of the Iowa Balance of State Continuum of Care Application
through the Iowa Finance Authority (IFA), both agencies must have approval from the
City, as an Entitlement Community, that their program applications match the goals of the
City’s Consolidated Plan current 2019-2023 Consolidated Plan.
The Bridge Home is seeking to renew for approximately $276,984 in grant funds to
continue to administer their Permanent Supportive Housing (PSH) program that will cover
the Two Rivers Service Area. The funds will be used to towards PSH to assist clients with
rental assistance, client transportation, and case management plus program
administration. The Bridge Home anticipates that half of these grant funds ($138,492) will
be used in Story County.
YSS is seeking to renew for $194,000 to continue to administer their Youth Transition
Housing Services Project for Transitional-Aged Youth (TAY) for pregnant and parenting
individuals specifically in the 2 Rivers Region. This grant will continue to help fill that
current gap in funding to their TAY who is single/parenting/pregnant in the region. YSS
will have the only youth-focused programming in the balance of the state to meet their
special population needs. Of the $194,000, YSS anticipates that $176,000 (90%) would
be used in Story County.
Staff has reviewed the applications for both The Bridge Home and YSS and finds
that they are consistent with goals and priorities outlined in the City’s CDBG 2019-
2023 Five-year Consolidated Plan, which is to: “Reduce the cost burden for LMI
households to access or maintain rental housing citywide”. The Plan also
addresses the importance of having local non-profit organizations seek additional
funding opportunities from state and federal resources in order to have a greater
impact on the needs of the homeless, chronic homeless, extremely low‐, very low‐
and low‐ and moderate‐income households.
Attached is the Certificate of Consistency for The Bridge Home and YSS that must be
submitted to the Iowa Balance of State Continuum of Care Application for their renewed
program funding.
2
ALTERNATIVES:
1. Authorize the Mayor to sign the Certificate of Consistency on behalf of The Bridge
Home and YSS to receive its Iowa Balance of State Continuum of Care Grant
funding.
2. Do not authorize the Mayor to sign the Certificate of Consistency on behalf of The
Bridge Home and YSS to receive its Iowa Balance of State Continuum of Care
Grant funding.
.
CITY MANAGER'S RECOMMENDED ACTION:
It is important for local non-profit organizations to seek additional funding opportunities
from state and federal resources in order to have a greater impact on the needs of the
homeless, chronic homeless, extremely low‐, very low‐, and low‐ and moderate‐income
households in our community than can be accomplished with only local funding. The
proposed programming is also consistent with the City’s Consolidated Plan. Therefore, it
is the recommendation of the City Manager that the City Council adopt Alternative #1.
3
4
ITEM#: 13
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: AMEND PROFESSIONAL SERVICE AGREEMENT FOR BIKE &
PEDESTRIAN MASTER PLAN (CORRECTING END DATE)
BACKGROUND:
On May 24, 2022, City Council approved the Professional Service Agreement (PSA) with
Toole Design Group to create a Bike & Pedestrian Master Plan for the City and its
surrounding areas. During initial meetings with the Toole Group, staff discovered a
minor error in the end date which was previously approved in the agreement. Whilel
the current language states the project will end in November 2022, the contract
should state November 2023. There is no cost impact with this contract
amendment.
The draft final plan is expected to be presented to the City Council and the public around
April 2023. The final project closeout and transfer of all data and other documentation to
the City could take up to November 2023. That allows Toole adequate of time to close
out the project.
ALTERNATIVES:
1. Approve the amendment to the PSA with Toole Design Group to change the end
date of the project to November 30, 2023.
2. Reject the amendment.
CITY MANAGER’S RECOMMENDED ACTION:
By approving the amendment, the City Council will be able to correct an error in the date
and reflect the original intent of the agreement.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
AMENDMENT TO THE PROFESSIONAL SERVICES CONTRACT between
City of Ames, IA
and
Toole Design Group, LLC for Ames Bicycle and Pedestrian Master Plan
Amendment No.: 1
Date of Issuance: August 12, 2022
TDG Project No. 00MSN.00101.00
In accordance with the Professional Services Contract made and entered into by and between
City of Ames, IA (“City”) and Toole Design Group, LLC (“Toole”), dated May 24, 2022
(“Executed Contract”), this Amendment, when properly executed, constitutes authorization to
proceed with the following:
Purpose and Schedule
This Amendment shall extend the term of the Executed Contract from November 30,
2022 until November 30, 2023.
This Amendment shall not alter the terms and conditions of the original Contract - all terms,
covenants and conditions of the original Executed Contract shall remain in full force and effect,
except to the extent herein amended.
In witness whereof, this Amendment has been executed by authorized signatories of City of Ames,
IA and Toole Design Group, LLC and shall be effective from the date written above.
City of Ames, IA Toole Design Group, LLC
By: By: Print: Print: Title: _ Title: Date: _ Date:
1
ITEM #: __14___
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: WATER TREATMENT PLANT TEST DRILLING FOR PFAS
BACKGROUND:
The Ames Water Treatment Plant relies on a network of 22 potable supply wells as the
source of drinking water for the community. As old wells fail and need to be replaced and
as demand for treated water increases, additional wells need to be drilled. To determine
the suitability of locations for future well sites, test drilling is used. Test drilling offers
information about the water quality of the aquifer and the practicality of installing a well in
that location based on the geology.
There are two locations that have been identified for future well fields based on previous
groundwater research by Iowa State faculty. These include the North River Valley Well
Field and an area southeast of Ames between the South Skunk River and Interstate 35.
Design of the North River Valley Well Field has been completed and staff has received
the Iowa Department of Natural Resources construction permit. Prior to bidding this
project, staff has determined it prudent to test drill the site for the emerging
contaminant group of compounds referred to as PFAS (per- and polyfluoroalkyl
substances). The second location has been identified for future growth and the results
from this test drilling will drive decisions on expanding our water supply to this location in
the future.
Per- and polyfluoroalkyl substances (PFAS) are a class of over 6,000 compounds that
have been used for over 70 years in applications such as: non -stick coatings; stain-
resistant carpeting; water-repelling clothing and fabrics; paper packaging for food; metal
plating; and fire-fighting foam. The EPA released new Health Advisory Levels for four
individual PFAS chemicals on June 15th, 2022.
PFAS results from test drilling in the planned North River Valley Well Field will
determine the feasibility of moving forward with bidding and construction later this
year and determine if any potential design changes to the project are needed.
When test drilling was initially performed in the North River Valley location, there
were no health advisories for PFAS and testing methods were not sufficiently
sensitive enough to be able to detect the extremely low concentrations that are
now of interest.
Procuring test drilling services has been challenging. Staff has issued a Request for Bids
on three separate occasions; twice with no bids received and the third time receiving only
one bid for $105,000. The bid was much higher than expected for three test holes and
the contractor had no previous experience with PFAS analysis or deco ntamination of their
equipment. That sole bid was rejected.
City staff next reached out directly to other types of venders more familiar with PFAS
sampling requirements. To date, staff has only identified one contractor, Cascade
Drilling from Flint, Michigan, who has had previous experience test drilling for
2
PFAS and has the availability to perform the test drilling in a timely manner. This is
very specialized work, and it is crucial to use a contractor that has the necessary expertise
to obtain meaningful results from the water analysis.
Because of the three failed attempts to obtain this specialized service through
competitive bids, staff is recommending a single-source award for test drilling
services to Cascade Drilling of Flint, Michigan, for $85,575, in accordance with the
City’s adopted Purchasing Policies. Cascade is the only responsive firm who has
previous experience with PFAS sampling at the depths and geology of the aquifer.
Cascade will perform test drilling for five test holes (three holes at North River Valley and
two holes at the southeastern location). Staff believes this is a reasonable cost based on
the one previous bid of $105,000 that only included three test holes.
The adopted CIP includes $7,382,000 for the North River Valley Well Field project and
$476,278 for land acquisition of future well fields. Funding for this test drilling will be split
between these funding sources.
ALTERNATIVES:
1. Authorize the procurement of single-source test drilling services, in accordance with
the adopted Purchasing Policies, and award a contract to Cascade Drilling of Flint,
Michigan, in the amount of $85,575.
2. Do not take any action at this time and provide direction to staff on the future of these
projects.
CITY MANAGER’S RECOMMENDED ACTION:
The source water management strategy of the City since the mid-1970’s has been to
avoid a need to ration water when experiencing a drought similar to that experienced in
1975-1976. To meet that goal, new source water capacity needs to be developed to
offset new growth in demand as well as to offset the loss of productivity of existing wells.
The North River Valley Well Field and Pipeline project has been fully designed and
permitted and is only waiting on the results from PFAS test drilling to move forward. After
three failed attempts to solicit competitive bids, staff began contacting specialty drilling
firms to obtain a quote from a responsive, reputable firm. Staff was ultimately able to get
a reasonable price quote from a qualified out-of-state contractor. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
1
ITEM#: 15
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 STORM WATER EROSION CONTROL PROGRAM
(BLOOMINGTON WATERWAY) PROFESSIONAL SERVICES
AGREEMENT
BACKGROUND:
In June, staff initiated a Request for Proposals for the 2021/22 Sto rm Water Erosion
Control program (Bloomington Waterway), to provide site survey and design for stream
restoration and slope stabilization of the Bloomington Waterway between Hyde Avenue
and Harrison Road. This waterway has seen increased bank erosion and meandering
and is close to encroaching on several homes on the north side of Eisenhower Court.
This waterway drains into the middle wetlands of Ada Hayden Heritage Park on the north
side of Harrison Road.
Proposals for this work were received from four engineering firms and were evaluated on
their qualifications according to the following criteria categories: Project Understanding,
Design Team/Key Personnel, Previous Experience, Project Approach, Responsiveness,
Ability to Perform Work, Proposed Project Design/Letting Schedule, and Estimated Cost
for Engineering Services. The City’s purchasing policies require consultant selections to
include cost as a criterion for selection unless otherwise required by Federal or State
requirements.
Erosion is impacting properties
2
Listed below is the ranking information based on this evaluation:
Firm Qualifications
Based Score
Qualifications
Based Rank Fee Final
Rank
Bolton & Menk 80.3 1 $52,000 1
Stantec 79.0 2 $74,800 4
WHKS 78.3 3 $46,900 2
ISG 73.0 4 $44,500 3
After weighing the qualifications including estimated fees for these four firms, staff
has negotiated a contract with Bolton & Menk of Ames, Iowa. Staff is confident that
a contract with Bolton & Menk will provide the best value for professional services
considering the firms qualifications. Bolton & Menk has existing knowledge of the project
area as the designer of the Auburn Trail Subdivision a nd experience on several City of
Ames projects.
A summary of revenues and projected expenses is shown below.
Funding Source
Available
Revenue
Estimated
Expenses
2021/22 Storm Water Erosion Ctrl. (Bloomington Waterway) $ 250,000 2021/22 Water Quality Improvement Program 100,000
Engineering Design (Bolton & Menk) $ 52,000
Administration Est 10,000
Construction Est 298,000
TOTAL $ 350,000 $ 350,000
ALTERNATIVES:
1. Approve the professional services agreement for the 2021/22 Storm Water
Erosion Control (Bloomington Waterway) project with Bolton & Menk of Ames,
Iowa in the amount not to exceed $52,000.
2. Direct staff to negotiate an engineering agreement with another consulting firm.
CITY MANAGER’S RECOMMENDED ACTION:
Based on staff’s evaluation using the above criteria, Bolton & Menk will provide the best
value to the City for professional services for the 2021/22 Storm Water Erosion Control
(Bloomington Waterway) project.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
ITEM #: 16
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: AGREEMENT WITH IOWA DEPARTMENT OF TRANSPORTATION
FOR TEMPORARY INTERSTATE 35 DETOUR ROUTES
BACKGROUND:
The Iowa Department of Transportation (DOT) has requested a proactive agreement with
the City to outline approved routes for detouring traffic from portions of Interstate 35 for
short-term incidents. A detour taking place under this agreement would not exceed 48
hours in length, and would be for incidents such as crash, fire, flood, toxic air quality, a
potential explosion and/or explosion that make portions of Interstate 35 unsuitable for
travelers. The attached agreement shows the City streets to be used as the pre-
planned detour routes.
The detour agreement would be in effect for up to five years and may be canceled by
either party at any time. The installation and maintenance of the detour signs will be
performed by the Iowa DOT. Engineers from the City and Iowa DOT will jointly inspect
the proposed routes to assure structural and operational adequacy and determine any
appropriate measures that need to be taken to accommodate the detoured traffic, should
the detours ever be utilized.
ALTERNATIVES:
1. Approve the Detour Agreement with the Iowa Department of Transportation for
Interstate 35.
2. Do not approve the detour agreement, and request that the Iowa DOT develop
alternative detour routes.
CITY MANAGER'S RECOMMENDED ACTION:
The proposed detour routes will allow the Iowa DOT to maintain Interstate 35 operations
during short-term closures due to temporary incidents. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 as
described above.
Form 810076
(09-21)
AGREEMENT FOR USE OF LOCAL AGENCY ROADS FOR INCIDENT MANAGEMENT
TEMPORARY DETOUR ROUTES
This Agreement is entered into by and between the Iowa Department of Transportation, hereinafter known as the DOT; and the
Ames
City Council
WHEREAS, the DOT has determined the necessity to enact short-term closures (less than 48 hours) of area highways as a
result of temporary incidents (i.e. crash, fire, flood, toxic air quality, a potential explosion and/or explosion) (closures that will extend
beyond 48 hours will be covered under a separate detour agreement Form 810012), and
WHEREAS, it is necessary to provide a detour for the primary highway closure period, and
WHEREAS, the LPA agrees to permit the use of local agency roads as a detour, more particularly described as follows
Dayton Road, 13th St., East Riverside Dr.
WHEREAS, the detours utilized pursuant to this Agreement are not subject to Iowa Code Sections 313.28 and 313.29, and
WHEREAS, authorized engineers representing both the DOT and the LPA shall jointly inspect the proposed detour routes to
assure structural and operational adequacy of the routes and to determine the appropriate measures to be taken to
accommodate the detoured traffic, and
enter into a new Agreement due to changing circumstances. This agreement shall remain in effect until replaced or cancelled by either
party, but shall not remain in effect for longer than 5 years from the date of full execution of this agreement.
WHEREAS, the LPA shall notify the DOT if a bridge or structure on the detour route cannot carry legal loads or permitted loads up to
156,000 lbs. The LPA shall inform the DOT of the allowable load limit so that the route can be reviewed, or if the allowable load limit
changes.
NOW, THEREFORE, IT IS AGREED that the described roads be used as detours under stipulations outlined above.
IN WITNESS WHEREOF, the DOT and LPA have caused this Agreement to be executed by proper officers thereunto duly authorized
as the dates shown below.
District Engineer (or designee) Date City representative Date
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S Dayton Ave NB to E 13th St. EB
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E 13th St. between S Dayton Ave & I-35
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US 30 EB to I-35 SB
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5/1/2018
N Dayton Ave NB to E29 EB
E29 EB to I-35 NB
Previous Segment#Next Segment #
1
ITEM #: __17__
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: REQUEST TO APPROVE AND SUBMIT SUBRECIPENT AGREEMENTS
FOR PROJECTS FUNDED IN CONJUNCTION WITH CDBG-CV ROUND
2 CARES FUNDING THROUGH THE STATE OF IOWA DEPARTMENT
OF ECONOMIC DEVELOPMENT AUTHORITY (IDEA)
BACKGROUND:
As part of the Coronavirus Pandemic (COVID-19) Relief and Recovery funding the U.S.
Department of Housing and Urban Development (HUD) stated in May 2020 that the State
of Iowa would receive an additional allocation (Round 2) of CDBG-CV funds in the amount
of $9,506,040. Based on a formula using the data from the 2018 American Community
Survey (ACS), IDED notified the City of Ames that it would be eligible to receive $604,386
of these funds. This funding is very similar to the CDBG-CARES funds that the City of
Ames received directly from HUD, in that the funds 80% of the funds must been spent by
July 2023 and balance must be spent by July 2025.
At its March 8, 2022 meeting, City 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) to verify eligibility of the desired services.
Based upon feedback from the outreach and the state, the proposed services would be
beneficial to the community and eligible for funding. At its June 14, 2022 meeting, City
Council directed staff to proceed with the submittal of a Round 2 CV-CARES
(COVID-19) grant application in the amount of $604,386 to the Iowa Economic
Development Authority (IEDA) on behalf of the following agencies: ChildServe,
University Child Care (UCC)-ISU, Ames Community Preschool Center (ACPC), and
the Mid-Iowa Community Action Agency (MICA).
On July 20, 2022, IEDA notified the City that we have been awarded the 2021
Community Development Block Grant (CDBG-CV) funds in full amount of $604,386.
Since that time staff has been working with both the agencies and IEDA to create
subrecipient agreements for each agency based on their application requests and
the grant budget as outlined below:
As a note, ChildServe Daycare, was one of the agencies included in the application
to the state. However, ChildServe was unable to provide data that 51% of their
clients served were at or below the 80% LMI limits as required by IEDA for grant
funding, and they were unlikely to meet this threshold requirement. Due to this
IEDA standard, they are not included as a subrecipient.
Staff worked with the City’s Legal Department to prepare the subrecipient
agreements that mirror the contractual obligations and requirements that IEDA has
required of the City of Ames as Exhibit ‘A’ (see Attachment 1). Each subrecipient
agreement also includes language that will obligate each agency to continue
operation of their services for a minimum of 5-years after the grant close out.
Failure to comply will require each agency to repay the City of Ames all grant funds
provided in the subrecipient agreement. Each agency will be required to collect
monthly data to insure that at least 51% of the clients they serve at 80% or below
of the Ames Metropolitan Statistical Income Limits as established by HUD.
Additionally, to insure compliance of state and federal procurement requirements,
City staff will be responsible for the administration of each of the activities for each
agency.
ALTERNATIVES:
1. City Council can adopt a resolution approving the subrecipient agreements for
each of the above qualified agencies (MICA, ACPA, & UCC) and direct staff to
proceed the submittal of the agreements and other required documents to the
State for funding through the CDBG-CV Round 2 CARES Program administered
by IEDA.
IEDA CDBG CARES (COVID-19) Assistance Program-Round 2
Agency Activity of
University Child
Care (UCC)-ISU
playground equipment,
kitchen to install two commercial size kitchen ovens $250,932
Ames Community
Preschool Center
(ACPC)
Program that will include: new flooring, new window,
refrigerator, double sinks, cabinetry for storage,
painting, creation of a nursing room and purchase of
$251,000
Subtotal-1 $561,932
$42,454
Grand Total
$604,386
2. City Council can adopt a resolution a resolution approving the subrecipient
agreements for each of the above qualified agencies (MICA, ACPA, & UCC) and
direct staff to proceed the submittal of the agreements and other required
documents to the state for funding through the CDBG-CV Round 2 CARES
Program administered by IEDA with modifications.
3. City Council can decline to adopt a resolution a resolution approving the
subrecipient agreements for each of the above qualified agencies (MICA, ACPA,
& UCC) and direct staff to proceed the submittal of the agreements and other
required documents to the state for funding through the CDBG-CV Round 2
CARES Program administered by IEDA.
CITY MANAGER'S RECOMMENDED ACTION:
This special allocation of funds is an opportunity to address the unmet daycare and food
distribution needs in the community regarding a preventative response to current and
future COVID-19 Pandemics. Therefore, it is the recommendation of the City Manager
that the City Council adopt
Alternative #1.
CITY OF AMES
AND THE MID-IOWA COMMUNITY ACTION AGENCY CONTRACT FOR
STATE OF IOWA COMMUNITY DEVELOPMENT BLOCK GRANT-COVID-19 PROGRAM
Subrecipient: Mid-Iowa Community Action Agency (MICA)
Effective Date: August 10, 2022
Award Amount: $60,000
Purchase End Date: May 23, 2023
THIS COMMUNITY DEVELOPMENT BLOCK GRANT–COVID-19 CONTRACT (“CDBG-CV”) is made by and between the CITY
OF AMES, 515 Clark Avenue, Ames, Iowa 500010 (“CITY” and “RECIPIENT”) and MID IOWA COMMUNITY ACTION AGENCY
(MICA) 230 SE 16th St, Ames, IA 50010 (“SUBRECIPIENT") effective as of the date stated above.
WHEREAS, the City has applied to the Iowa Economic Development Authority (IEDA) for a grant of federal funds from the
U.S. Department of Housing and Urban Development pursuant to Title I of the Housing and Community Development Act
of 1974 and Chapter 23 of the Iowa Administrative Code to use CDBG-CV funds to primarily benefit low to moderate
income persons, eliminate slum and blight or meet community development urgent need; and in response to the COVID-
19 pandemic.
WHEREAS, the City will partner with the Subrecipient to implement and administer CDBG-CV funds for a Project funded
by the second round of the CARES Act which includes the purchase of a Mini Cargo Van. The City will provide funding and
procurement services for the purchase of a Mini Cargo Van for the Subrecipient to deliver grocery and other items to
clients receiving assistance through the Agency.
WHEREAS, the City will not be funding any engineering, architectural, administration or pre-agreement costs incurred by
the Subrecipient.
WHEREAS, the City has relied upon the Subrecipient’s representations of proposed Project activities, management, and
financial condition of the Subrecipient, investment of other Project funds and other material information contains therein;
and
NOW, THEREFORE, the Subrecipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed
as follows:
a. Subrecipient. MICA meets the definition and qualifications of a Subrecipient set forth in paragraph 1.16 of the City’s
Program Contract and agrees to accept this Subaward.
b. Program Contract. As a condition of this award of funds, MICA agrees to abide by each and every applicable term
of the City’s Program Contract.
c. Purpose. The City shall provide the Subrecipient an award of up to $60,000 (Grant) funds to be used for the sole
purpose of purchasing a Mini-Cargo Van (including, required initial fees, auto tags, and registration) to deliver
groceries and other supplies to household who are susceptible to and have been affected by the COVID-19 virus.
d. Procurement. The City shall be responsible for the procurement services necessary to purchase said Mini-Cargo Van.
Page 2 of 6
e. Excess Cost. The Subrecipient shall be responsible for any costs or expenses associated with the purchase of
said Mini-Cargo Van that exceed $60,000, unless, in the sole discretion of the City’s Housing Coordinator the City
determines that paying any excess cost or expenses is allowable from grant funds held in contingency.
f. Allowable Use/Expenditures. The Subrecipient shall be obligated to continue operate said Mini-Cargo Van for
the purpose stated above for a minimum of five years after closeout of this grant and shall not otherwise assign
this responsibility to any other entity or person. If the planned use of the property is proposed to be changed,
the subrecipient shall notify of City of the proposed change and the City shall notify the Iowa Economic
Development Authority for instructions on how to proceed. If the IEDA determines that the proposed use is
inconsistent with the use of said funds, the subrecipient shall reimburse the City in the amount of the current
fair market value of the property, less any portion of the value attributable to appropriate and allowable
expenditures.
g. Access. The Subrecipient shall grant access to its premises and program records as may be required to determine
whether the funds have been used in a manner consistent with the terms of the CDBG cares contract.
Subrecipient must agree to collect monthly income data from its clients to verify that 51% of the clients
served are at or below the 80% Ames Metropolitan Statistical Income limits as established by HUD until
project completion.
h. Hold Harmless. The Subrecipient shall hold the Recipient and its officers and employees harmless from any and
all claims, losses, damages, or liability whatsoever resulting from and arising out of this contract or the project
to which it pertains.
i. Unallowable Costs. If the City determines at any time, whether through monitoring, audit, closeout procedures
or by other means or process that the Subrecipient has expended funds which are unallowable, the Subrecipient
will be notified of the questioned costs and given an opportunity to justify questioned costs prior to final
determination of the disallowance of costs. If it is the City’s final determination that costs previously paid by are
unallowable under the terms of the Agreement, the expenditures will be disallowed and the Subrecipient shall
repay and all disallowed costs.
j. Default/Notice of Default/Remedies. The following shall constitute Events of Default under this Agreement: (i)
Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to the
City by the Subrecipient, or on behalf of in connection with this Agreement or to induce the City to make a grant
to the Subrecipient shall be determined by the City to be incorrect, false, misleading or erroneous in any material
respect when made or furnished and shall not have been remedied by the Subrecipient to the City’s satisfaction
within thirty (30) days after written notice is given to the Subrecipient. (ii) Noncompliance. If there is a failure by
the Subrecipient to comply with any of the covenants, terms or conditions contained in this Agreement. (iii)
Purchase End Date. If the Project, in the sole judgment of the City, is not completed on or before the Purchase
End Date. (iv) Misspending. If the Subrecipient expends Grant proceeds for purposes not described in the CDBG
application, this Agreement, or as authorized by the City. (v) Insurance. If loss, theft, damage, or the destruction
of any or a substantial portion of the property occurs for which there is either no insurance coverage or for which,
in the opinion of the City, there is insufficient insurance coverage. The City shall issue a written notice of default
providing a 15-day period in which the Subrecipient shall have an opportunity to cure, provided that a cure is
possible and feasible. If said default remains after the cure period, the City shall have the right, in addition to any
rights and remedies available to it to do the following: (1) exercise any remedy provided by law and (2) require
immediate repayment of the funds disbursed to the Subrecipient, plus interest.
k. Duplication of Benefits. Duplication of benefits shall be prohibited as provided by the City’s Duplication of
Benefits policy. The Subrecipient shall provide the City with any and all information requested by the City to
ensure that a Duplication of Benefits has not occurred. The parties acknowledge that activities identified in this
agreement are funded through the state of Iowa’s CDBG-CV funds, allocated through the CARES Act. The parties
Page 3 of 6
acknowledge that prevention of Duplication of Benefits is a requirement per the CARES Act and corresponding
HUD Federal Register Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grants, Fiscal Year 2019 and 2020
Community Development Block Grants, and for Other Formula Programs. (FR–6218–N–01). For CDBG activities
identified in this agreement, the parties agree to prevent Duplication of Benefits as required by Section 312 of
the Stafford Act, as amended by Section 1210 of the Disaster Recovery Act of 2018. The Subrecipient agrees to
follow the Duplication of Benefits policies and procedures as provided by the Local Government. The
Subrecipient agrees to repay CDBG-CV funds received from the Local Government, if the Local Government
determines a Duplication of Benefits has occurred.
l. End date. If the award is not made by May 23, 2023, the City shall have no obligation to make disbursement to
the Subrecipient.
m. Termination. (i) FOR CAUSE. The Local Government may terminate the Contract in whole, or in part, whenever
the Local Government determines that the Subrecipient has failed to comply with the terms and conditions of
the Contract. (ii) FOR CONVENIENCE. The Parties may terminate the Contract in whole, or in part, when all parties
agree that the continuation of the Project would not produce beneficial results commensurate with the future
disbursement of funds. (iii) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of the
Local Government, the Contract may be terminated in whole, or in part, if there is a reduction or termination of
CDBG Federal block grant funds to the State.
n. Procedures Upon Termination. This contract may be terminated by discretion of the Local Government by
providing written notice to be conveyed via certified mail 30 days in advance. Project costs incurred to be paid
through the effective termination date.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract effective as of the ____ day of August 2022.
CITY OF AMES MICA
By: By:
Vanessa Baker-Latimer, Housing Coordinator Lisa Heddens, Board Chair
Page 4 of 6
Exhibit ‘A’
Section 1. Miscellaneous. Neither party to this contract shall assign its rights and obligations hereunder without the prior
written authorization of the other party. This contract shall be governed by the laws of the State of Iowa. In the event any
provision of this contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof. The terms and conditions of this contract may be amended
only by written instrument executed by both parties and, when necessary, with the concurrence of the State of Iowa, Iowa
Economic Development Authority Such amendments include any deviation from the recipient program schedule, or other
terms and conditions provided for by the Iowa Economic Development Authority contract number which is by this reference
incorporated herein and made a part hereof of this Subrecipient agreement.
Section 2. Federal Laws. By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound
by and adhere to all applicable federal laws, rules, policies, orders and directions, including by way of specification but not
limited to the following: a. The requirements of Executive Order 11246, as amended by Presidential Executive Order 11375
and the regulations issued under the Order at 41 CFR Chapter 60. b. The requirements of Executive Orders 11625, 12432,
and 12138. Consistent with responsibilities under these Orders, the provider must make efforts to encourage the use of
minority- and womenowned business enterprises in connection with activities funded under this part. c. The maintenance of
books, records, documents and other such evidence pertaining to all costs and expenses incurred and revenues received under
this contract/subagreement to the extend and in such detail as will properly reflect all costs, direct and indirect, of labor,
materials, and equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed
under their contract/subagreement as specified in 261- Chapter 23, Iowa Administrative Code and 2 CRF 200 d. At any time
during normal business hours and as frequently as deemed necessary, the parties heretofore shall make available to the Iowa
Economic Development Authority, the State Auditor, the General Accounting Office, and the Department of Housing and
Urban Development, for their examination, all of its records pertaining to all matters covered by this contract/subagreement
and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls,
personnel records, conditions of employment, and all other matters covered by this contract/subagreement. e. Davis-Bacon
Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development
Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-
Kickback Act (18 U.S.C. 874); and regulations which implement these laws. f. Contracts in excess of $100,000 shall require
compliance with the following laws and regulations: Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)); Section 508 of
the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; EPA Regulations - 40 CFR, Part 15; as applicable. g.
Procurement. For purposes of this agreement Cities and Counties are required to adopt the federal procurement policies and
procedures that align with Federal provisions of 2 CFR 200.318-200.326. The Procurement Policy is found in “Iowa
Community Development Block Grant Management Guide”, as found on the Authority’s website at
www.iowaeconomicdevelopment.com/Community/CDBG. h. CIVIL RIGHTS (a) DISCRIMINATION IN
EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for employment because
of race, color, religion, sex, national origin, age, sexual orientation, gender identity, familial status, physical or mental
disability. The Recipient may take affirmative action to ensure that applicants are employed and that employees are treated
without regard to their race, color, religion, sex, national origin, age, sexual orientation, familial status, gender identity, or
physical or mental disability. Such action shall include, but may not be limited to, the following: employment, upgrading,
promotion, demotion or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms
of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth
the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees Upon the State’s
written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time
specifications, and accessibility plans and policies as required under Iowa Administrative Code chapter 11—121. (b)
CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees placed
by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, national origin, age, sexual orientation, gender identity, physical or mental disability, or familial
status. (c) SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State
Employment Service local offices. (d) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply
with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 19B.7 and Chapter 216, Code of Iowa;
Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section
2000d et seq.); the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); The Americans with Disabilities Act, as
Page 5 of 6
applicable, (P.L. 101 336, 42 U.S.C. 12101- 12213); Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C.
Section 794); and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will
furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations
thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these
rules and regulations. (e) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The
Recipient certifies, to the best of his or her knowledge and belief, that: (i) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with awarding any Federal contract, making any Federal grant, making any Federal loan, entering into any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement. (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in
accordance with its instruction. (iii) The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. (iv) This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure. (f) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR
Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified
individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101 336, 42 U.S.C. 12101
12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to any such program or
Project. (g) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance
with Federal Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with
Section 109, Title I of the Housing and Community Development Act of 1974, as amended. (h) SECTION 3 COMPLIANCE.
The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 75,
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered contracts shall
include the following clause (referred to as the section 3 clause): (i) The work to be performed under this contract is subject
to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section
3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing. (ii) The parties to this contract agree to
comply with HUD’s regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 75 regulations. (iii) The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of
the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (iv) The contractor
agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and
agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 75. (v) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
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those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to
circumvent the contractor’s obligations under 24 CFR part 75. (vi) Noncompliance with HUD’s regulations in 24 CFR part
75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted
contracts. (vii) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b). (i) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance
with the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract
may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action,
imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216,
Code of Iowa) or as otherwise provided by law. (j). Others as applicable
CITY OF AMES
AND UNIVERSITY COMMUNITY CHILDCARE CONTRACT FOR
STATE OF IOWA COMMUNITY DEVELOPMENT BLOCK GRANT-COVID-19 PROGRAM
Subrecipient: University Community Childcare (UCC)
Effective Date: August 10, 2022
Award Amount: $250,932
Purchase End Date: May 23, 2023
THIS COMMUNITY DEVELOPMENT BLOCK GRANT–COVID-19 CONTRACT (“CDBG-CV”) is made by and between the CITY
OF AMES, 515 Clark Avenue, Ames, Iowa 500010 (“CITY” and “RECIPIENT”) and University Community Childcare-(UCC),
Ames, IA 50010 (“SUBRECIPIENT") effective as of the date stated above.
WHEREAS, the City has applied to the Iowa Economic Development Authority (IEDA) for a grant of federal funds from the
U.S. Department of Housing and Urban Development pursuant to Title I of the Housing and Community Development Act
of 1974 and Chapter 23 of the Iowa Administrative Code to use CDBG-CV funds to primarily benefit low to moderate
income persons, eliminate slum and blight or meet community development urgent need; and in response to the COVID-
19 pandemic.
WHEREAS, the City will partner with the Subrecipient to implement and administer CDBG-CV funds for a Project funded
by the second round of the CARES Act , which includes the installation of a new HVC unit, purchase of two commercial
ovens with hoods, install of new countertops and cupboards, freezer and Stem Playground equipment and shade
structure. The City will provide funding and procurement services for above name items to provide separation of children
of various age categories.
WHEREAS, the City will not be funding any engineering, architectural, administration or pre-agreement costs incurred by
the Subrecipient.
WHEREAS, the City has relied upon the Subrecipient’s representations of proposed Project activities, management, and
financial condition of the Subrecipient, investment of other Project funds and other material information contains therein;
and
NOW, THEREFORE, the Subrecipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed
as follows:
a. Subrecipient. UCC meets the definition and qualifications of a Subrecipient set forth in paragraph 1.16 of the
City’s Program Contract and agrees to accept this Subaward.
b. Program Contract. As a condition of this award of funds, UCC agrees to abide by each and every applicable term
of the City’s Program Contract.
c. Purpose. The City shall provide the Subrecipient an award of up to $250,932 (Grant) funds to be used for the
sole purpose of obtaining equipment that promotes healthy distancing and air quality within the daycare to
serve families with children that are susceptible to or otherwise have been affected by the COVID-19 virus .
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d. Procurement. The City shall be responsible for the procurement services necessary to upgrade HCV unit,
commercial ovens, freezer and kitchen cabinetry upgrades and purchase of STEM playground equipment and
shade structure.
e. Excess Cost. The Subrecipient shall be responsible for any costs or expenses associated with the procurement
of the new HCV unit, commercial ovens, freezer and kitchen cabinetry upgrades and purchase of STEM
playground equipment and shade structure that exceed $250,932 in the aggregate, unless, in the sole discretion
of the City’s Housing Coordinator the City determines that paying any excess cost or expenses is allowable from
grant funds held in contingency.
f. Allowable Use/Expenditures. The Subrecipient shall be obligated to continue operate said daycare center for
the purpose stated above for a minimum of five years after closeout of this grant and shall not otherwise assign
this responsibility to any other entity or person. If the planned use of the property is proposed to be changed,
the subrecipient shall notify of City of the proposed change and the City shall notify the Iowa Economic
Development Authority for instructions on how to proceed. If the IEDA determines that the proposed use is
inconsistent with the use of said funds, the subrecipient shall reimburse the City in the amount of the current
fair market value of the property, less any portion of the value attributable to appropriate and allowable
expenditures.
g. Access. The Subrecipient shall grant access to its premises and program records as may be required to determine
whether the funds have been used in a manner consistent with the terms of the CDBG cares contract.
Subrecipient must agree to collect monthly income data from its clients to verify that 51% of the clients served
are at or below the 80% Ames Metropolitan Statistical Income limits as established by HUD until project
completion.
h. Hold Harmless. The Subrecipient shall hold the Recipient and its officers and employees harmless from any and
all claims, losses, damages, or liability whatsoever resulting from and arising out of this contract or the project
to which it pertains.
i. Unallowable Costs. If the City determines at any time, whether through monitoring, audit, closeout procedures
or by other means or process that the Subrecipient has expended funds which are unallowable, the Subrecipient
will be notified of the questioned costs and given an opportunity to justify questioned costs prior to final
determination of the disallowance of costs. If it is the City’s final determination that costs previously paid by are
unallowable under the terms of the Agreement, the expenditures will be disallowed and the Subrecipient shall
repay and all disallowed costs.
j. Default/Notice of Default/Remedies. The following shall constitute Events of Default under this Agreement: (i)
Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to the
City by the Subrecipient, or on behalf of in connection with this Agreement or to induce the City to make a grant
to the Subrecipient shall be determined by the City to be incorrect, false, misleading or erroneous in any material
respect when made or furnished and shall not have been remedied by the Subrecipient to the City’s satisfaction
within thirty (30) days after written notice is given to the Subrecipient. (ii) Noncompliance. If there is a failure by
the Subrecipient to comply with any of the covenants, terms or conditions contained in this Agreement. (iii)
Purchase End Date. If the Project, in the sole judgment of the City, is not completed on or before the Purchase
End Date. (iv) Misspending. If the Subrecipient expends Grant proceeds for purposes not described in the CDBG
application, this Agreement, or as authorized by the City. (v) Insurance. If loss, theft, damage, or the destruction
of any or a substantial portion of the property occurs for which there is either no insurance coverage or for which,
in the opinion of the City, there is insufficient insurance coverage. The City shall issue a written notice of default
providing a 15-day period in which the Subrecipient shall have an opportunity to cure, provided that a cure is
possible and feasible. If said default remains after the cure period, the City shall have the right, in addition to any
rights and remedies available to it to do the following: (1) exercise any remedy provided by law and (2) require
Page 3 of 6
immediate repayment of the funds disbursed to the Subrecipient, plus interest.
k. Duplication of Benefits. Duplication of benefits shall be prohibited as provided by the City’s Duplication of
Benefits policy. The Subrecipient shall provide the City with any and all information requested by the City to
ensure that a Duplication of Benefits has not occurred. The parties acknowledge that activities identified in this
agreement are funded through the state of Iowa’s CDBG-CV funds, allocated through the CARES Act. The parties
acknowledge that prevention of Duplication of Benefits is a requirement per the CARES Act and corresponding
HUD Federal Register Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grants, Fiscal Year 2019 and 2020
Community Development Block Grants, and for Other Formula Programs. (FR–6218–N–01). For CDBG activities
identified in this agreement, the parties agree to prevent Duplication of Benefits as required by Section 312 of
the Stafford Act, as amended by Section 1210 of the Disaster Recovery Act of 2018. The Subrecipient agrees to
follow the Duplication of Benefits policies and procedures as provided by the Local Government. The
Subrecipient agrees to repay CDBG-CV funds received from the Local Government, if the Local Government
determines a Duplication of Benefits has occurred.
l. End date. If the award is not made by May 23, 2023, the City shall have no obligation to make disbursement to
the Subrecipient.
m. Termination. (i) FOR CAUSE. The Local Government may terminate the Contract in whole, or in part, whenever
the Local Government determines that the Subrecipient has failed to comply with the terms and conditions of
the Contract. (ii) FOR CONVENIENCE. The Parties may terminate the Contract in whole, or in part, when all parties
agree that the continuation of the Project would not produce beneficial results commensurate with the future
disbursement of funds. (iii) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of the
Local Government, the Contract may be terminated in whole, or in part, if there is a reduction or termination of
CDBG Federal block grant funds to the State.
n. Procedures Upon Termination. This contract may be terminated by discretion of the Local Government by
providing written notice to be conveyed via certified mail 30 days in advance. Project costs incurred to be paid
through the effective termination date.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract effective as of the ____ day of August 2022.
CITY OF AMES University Community Childcare
By: By:
Vanessa Baker-Latimer, Housing Coordinator Ellie Fought, Board Chair
Page 4 of 6
Exhibit ‘A’
Section 1. Miscellaneous. Neither party to this contract shall assign its rights and obligations hereunder without the prior
written authorization of the other party. This contract shall be governed by the laws of the State of Iowa. In the event any
provision of this contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof. The terms and conditions of this contract may be amended
only by written instrument executed by both parties and, when necessary, with the concurrence of the State of Iowa, Iowa
Economic Development Authority Such amendments include any deviation from the recipient program schedule, or other
terms and conditions provided for by the Iowa Economic Development Authority contract number which is by this reference
incorporated herein and made a part hereof of this Subrecipient agreement.
Section 2. Federal Laws. By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound
by and adhere to all applicable federal laws, rules, policies, orders, and directions, including by way of specification but not
limited to the following: a. The requirements of Executive Order 11246, as amended by Presidential Executive Order 11375
and the regulations issued under the Order at 41 CFR Chapter 60. b. The requirements of Executive Orders 11625, 12432,
and 12138. Consistent with responsibilities under these Orders, the provider must make efforts to encourage the use of
minority- and womenowned business enterprises in connection with activities funded under this part. c. The maintenance of
books, records, documents and other such evidence pertaining to all costs and expenses incurred and revenues received under
this contract/subagreement to the extend and in such detail as will properly reflect all costs, direct and indirect, of labor,
materials, and equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed
under their contract/subagreement as specified in 261- Chapter 23, Iowa Administrative Code and 2 CRF 200 d. At any time
during normal business hours and as frequently as deemed necessary, the parties heretofore shall make available to the Iowa
Economic Development Authority, the State Auditor, the General Accounting Office, and the Department of Housing and
Urban Development, for their examination, all of its records pertaining to all matters covered by this contract/subagreement
and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls,
personnel records, conditions of employment, and all other matters covered by this contract/subagreement. e. Davis-Bacon
Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development
Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-
Kickback Act (18 U.S.C. 874); and regulations which implement these laws. f. Contracts in excess of $100,000 shall require
compliance with the following laws and regulations: Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)); Section 508 of
the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; EPA Regulations - 40 CFR, Part 15; as applicable. g.
Procurement. For purposes of this agreement Cities and Counties are required to adopt the federal procurement policies and
procedures that align with Federal provisions of 2 CFR 200.318-200.326. The Procurement Policy is found in “Iowa
Community Development Block Grant Management Guide”, as found on the Authority’s website at
www.iowaeconomicdevelopment.com/Community/CDBG. h. CIVIL RIGHTS (a) DISCRIMINATION IN
EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for employment because
of race, color, religion, sex, national origin, age, sexual orientation, gender identity, familial status, physical or mental
disability. The Recipient may take affirmative action to ensure that applicants are employed and that employees are treated
without regard to their race, color, religion, sex, national origin, age, sexual orientation, familial status, gender identity, or
physical or mental disability. Such action shall include, but may not be limited to, the following: employment, upgrading,
promotion, demotion, or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms
of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth
the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees Upon the State’s
written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time
specifications, and accessibility plans, and policies as required under Iowa Administrative Code chapter 11—121. (b)
CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees placed
by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, national origin, age, sexual orientation, gender identity, physical or mental disability, or familial
status. (c) SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State
Employment Service local offices. (d) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply
with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 19B.7 and Chapter 216, Code of Iowa;
Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section
2000d et seq.); the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); The Americans with Disabilities Act, as
Page 5 of 6
applicable, (P.L. 101 336, 42 U.S.C. 12101- 12213); Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C.
Section 794); and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will
furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations
thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these
rules and regulations. (e) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The
Recipient certifies, to the best of his or her knowledge and belief, that: (i) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with awarding any Federal contract, making any Federal grant, making any Federal loan, entering into any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement. (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in
accordance with its instruction. (iii) The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. (iv) This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure. (f) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR
Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified
individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101 336, 42 U.S.C. 12101
12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to any such program or
Project. (g) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance
with Federal Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with
Section 109, Title I of the Housing and Community Development Act of 1974, as amended. (h) SECTION 3 COMPLIANCE.
The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 75,
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered contracts shall
include the following clause (referred to as the section 3 clause): (i) The work to be performed under this contract is subject
to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section
3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing. (ii) The parties to this contract agree to
comply with HUD’s regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 75 regulations. (iii) The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of
the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (iv) The contractor
agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and
agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 75. (v) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
Page 6 of 6
those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to
circumvent the contractor’s obligations under 24 CFR part 75. (vi) Noncompliance with HUD’s regulations in 24 CFR part
75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted
contracts. (vii) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b). (i) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance
with the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract
may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action,
imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216,
Code of Iowa) or as otherwise provided by law. (j). Others as applicable
CITY OF AMES
AND THE AMES COMMUNITY PRE-SCHOOL CENTER CONTRACT FOR
STATE OF IOWA COMMUNITY DEVELOPMENT BLOCK GRANT-COVID-19 PROGRAM
Subrecipient: Ames Community Pre-School Center (ACPC)
Effective Date: August 23, 2022
Award Amount: $251,000
Purchase End Date: May 23, 2023
THIS COMMUNITY DEVELOPMENT BLOCK GRANT–COVID-19 CONTRACT (“CDBG-CV”) is made by and between the CITY
OF AMES, 515 Clark Avenue, Ames, Iowa 500010 (“CITY” and “RECIPIENT”) and Ames Community Pre-School Center,
Ames, IA 50010 (“SUBRECIPIENT") effective as of the date stated above.
WHEREAS, the City has applied to the Iowa Economic Development Authority (IEDA) for a grant of federal funds from the
U.S. Department of Housing and Urban Development pursuant to Title I of the Housing and Community Development Act
of 1974 and Chapter 23 of the Iowa Administrative Code to use CDBG-CV funds to primarily benefit low to moderate
income persons, eliminate slum and blight or meet community development urgent need; and in response to the COVID-
19 pandemic.
WHEREAS, the City will partner with the Subrecipient to implement and administer CDBG-CV funds for a Project funded
by the second round of the CARES Act, which includes room expansion upgrades such as new flooring, kitchen upgrade
for additional sink, refrigerator, nursing room, window, and painting. Along with the purchase of cribs, and storage units.
The City will provide funding and procurement services for the purchase for all the above items which will allows the
subrecipient to expand its programming for infant care needs of the community.
WHEREAS, the City will not be funding any engineering, architectural, administration or pre-agreement costs incurred by
the Subrecipient.
WHEREAS, the City has relied upon the Subrecipient’s representations of proposed Project activities, management, and
financial condition of the Subrecipient, investment of other Project funds and other material information contains therein;
and
NOW, THEREFORE, the Subrecipient accepts this grant upon the terms and conditions set forth in this Contract. In
consideration of the mutual promises contained in this Contract and other good and valuable consideration, it is agreed
as follows:
a. Subrecipient. ACPC meets the definition and qualifications of a Subrecipient set forth in paragraph 1.16 of the
City’s Program Contract and agrees to accept this Subaward.
b. Program Contract. As a condition of this award of funds, ACPC agrees to abide by each and every applicable
term of the City’s Program Contract.
c. Purpose. The City shall provide the Subrecipient an award of up to $251,000 (Grant) funds to be used for the
sole purpose of creating a space to enable appropriate distancing and safe equipment for infants and families
susceptible to and have been affected by the COVID-19 virus.
Page 2 of 6
d. Procurement. The City shall be responsible for the procurement services necessary to create said infant daycare
space and obtain safe and appropriate equipment in accordance with applicable local and state childcare
regulations.
e. Excess Cost. The Subrecipient shall be responsible for any costs or expenses associated with the cost to create
the infant day care space that exceed $251,000, unless, in the sole discretion of the City’s Housing Coordinator
the City determines that paying any excess cost or expenses is allowable from grant funds held in contingency.
f. Allowable Use/Expenditures. The Subrecipient shall be obligated to continue operate said infant day care for
the purpose stated above for a minimum of five years after closeout of this grant and shall not otherwise assign
this responsibility to any other entity or person. If the planned use of the property is proposed to be changed,
the subrecipient shall notify of City of the proposed change and the City shall notify the Iowa Economic
Development Authority for instructions on how to proceed. If the IEDA determines that the proposed use is
inconsistent with the use of said funds, the subrecipient shall reimburse the City in the amount of the current
fair market value of the property, less any portion of the value attributable to appropriate and allowable
expenditures.
g. Access. The Subrecipient shall grant access to its premises and program records as may be required to determine
whether the funds have been used in a manner consistent with the terms of the CDBG cares contract.
Subrecipient must agree to collect monthly income data from its clients to verify that 51% of the clients served
are at or below the 80% Ames Metropolitan Statistical Income limits as established by HUD until project
completion.
h. Hold Harmless. The Subrecipient shall hold the Recipient and its officers and employees harmless from any and
all claims, losses, damages, or liability whatsoever resulting from and arising out of this contract or the project
to which it pertains.
i. Unallowable Costs. If the City determines at any time, whether through monitoring, audit, closeout procedures
or by other means or process that the Subrecipient has expended funds which are unallowable, the Subrecipient
will be notified of the questioned costs and given an opportunity to justify questioned costs prior to final
determination of the disallowance of costs. If it is the City’s final determination that costs previously paid by are
unallowable under the terms of the Agreement, the expenditures will be disallowed and the Subrecipient shall
repay and all disallowed costs.
j. Default/Notice of Default/Remedies. The following shall constitute Events of Default under this Agreement: (i)
Material Misrepresentation. If at any time any representation, warranty or statement made or furnished to the
City by the Subrecipient, or on behalf of in connection with this Agreement or to induce the City to make a grant
to the Subrecipient shall be determined by the City to be incorrect, false, misleading or erroneous in any material
respect when made or furnished and shall not have been remedied by the Subrecipient to the City’s satisfaction
within thirty (30) days after written notice is given to the Subrecipient. (ii) Noncompliance. If there is a failure by
the Subrecipient to comply with any of the covenants, terms or conditions contained in this Agreement. (iii)
Purchase End Date. If the Project, in the sole judgment of the City, is not completed on or before the Purchase
End Date. (iv) Misspending. If the Subrecipient expends Grant proceeds for purposes not described in the CDBG
application, this Agreement, or as authorized by the City. (v) Insurance. If loss, theft, damage, or the destruction
of any or a substantial portion of the property occurs for which there is either no insurance coverage or for which,
in the opinion of the City, there is insufficient insurance coverage. The City shall issue a written notice of default
providing a 15-day period in which the Subrecipient shall have an opportunity to cure, provided that a cure is
possible and feasible. If said default remains after the cure period, the City shall have the right, in addition to any
rights and remedies available to it to do the following: (1) exercise any remedy provided by law and (2) require
immediate repayment of the funds disbursed to the Subrecipient, plus interest.
k. Duplication of Benefits. Duplication of benefits shall be prohibited as provided by the City’s Duplication of
Page 3 of 6
Benefits policy. The Subrecipient shall provide the City with any and all information requested by the City to
ensure that a Duplication of Benefits has not occurred. The parties acknowledge that activities identified in this
agreement are funded through the state of Iowa’s CDBG-CV funds, allocated through the CARES Act. The parties
acknowledge that prevention of Duplication of Benefits is a requirement per the CARES Act and corresponding
HUD Federal Register Notice of Program Rules, Waivers, and Alternative Requirements Under the CARES Act for
Community Development Block Grant Program Coronavirus Response Grants, Fiscal Year 2019 and 2020
Community Development Block Grants, and for Other Formula Programs. (FR–6218–N–01). For CDBG activities
identified in this agreement, the parties agree to prevent Duplication of Benefits as required by Section 312 of
the Stafford Act, as amended by Section 1210 of the Disaster Recovery Act of 2018. The Subrecipient agrees to
follow the Duplication of Benefits policies and procedures as provided by the Local Government. The
Subrecipient agrees to repay CDBG-CV funds received from the Local Government, if the Local Government
determines a Duplication of Benefits has occurred.
l. End date. If the award is not made by May 23, 2023, the City shall have no obligation to make disbursement to
the Subrecipient.
m. Termination. (i) FOR CAUSE. The Local Government may terminate the Contract in whole, or in part, whenever
the Local Government determines that the Subrecipient has failed to comply with the terms and conditions of
the Contract. (ii) FOR CONVENIENCE. The Parties may terminate the Contract in whole, or in part, when all parties
agree that the continuation of the Project would not produce beneficial results commensurate with the future
disbursement of funds. (iii) DUE TO REDUCTION OR TERMINATION OF CDBG FUNDING. At the discretion of the
Local Government, the Contract may be terminated in whole, or in part, if there is a reduction or termination of
CDBG Federal block grant funds to the State.
n. Procedures Upon Termination. This contract may be terminated by discretion of the Local Government by
providing written notice to be conveyed via certified mail 30 days in advance. Project costs incurred to be paid
through the effective termination date.
IN WITNESS WHEREOF, the Parties hereto have executed this Contract effective as of the ____ day of August 2022.
CITY OF AMES Ames Community Pre-School Center
By: By:
Vanessa Baker-Latimer, Housing Coordinator Linda Lind, Board Chair
Page 4 of 6
Exhibit ‘A’
Section 1. Miscellaneous. Neither party to this contract shall assign its rights and obligations hereunder without the prior
written authorization of the other party. This contract shall be governed by the laws of the State of Iowa. In the event any
provision of this contract shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall
not invalidate or render unenforceable any other provision hereof. The terms and conditions of this contract may be amended
only by written instrument executed by both parties and, when necessary, with the concurrence of the State of Iowa, Iowa
Economic Development Authority Such amendments include any deviation from the recipient program schedule, or other
terms and conditions provided for by the Iowa Economic Development Authority contract number which is by this reference
incorporated herein and made a part hereof of this Subrecipient agreement.
Section 2. Federal Laws. By virtue of the federal funding provided for under this agreement, the parties hereto shall be bound
by and adhere to all applicable federal laws, rules, policies, orders, and directions, including by way of specification but not
limited to the following: a. The requirements of Executive Order 11246, as amended by Presidential Executive Order 11375
and the regulations issued under the Order at 41 CFR Chapter 60. b. The requirements of Executive Orders 11625, 12432,
and 12138. Consistent with responsibilities under these Orders, the provider must make efforts to encourage the use of
minority- and womenowned business enterprises in connection with activities funded under this part. c. The maintenance of
books, records, documents and other such evidence pertaining to all costs and expenses incurred and revenues received under
this contract/subagreement to the extend and in such detail as will properly reflect all costs, direct and indirect, of labor,
materials, and equipment, supplies, services, and other costs and expenses of whatever nature, for which payment is claimed
under their contract/subagreement as specified in 261- Chapter 23, Iowa Administrative Code and 2 CRF 200 d. At any time
during normal business hours and as frequently as deemed necessary, the parties heretofore shall make available to the Iowa
Economic Development Authority, the State Auditor, the General Accounting Office, and the Department of Housing and
Urban Development, for their examination, all of its records pertaining to all matters covered by this contract/subagreement
and permit these agencies to audit, examine, make excerpts or transcripts from such records, contract, invoices, payrolls,
personnel records, conditions of employment, and all other matters covered by this contract/subagreement. e. Davis-Bacon
Act, as amended (40 U.S.C. 276a - 276a-5), where applicable under Section 110 of the Housing and Community Development
Act of 1974, as amended; Contract Work Hours and Safety Standards Act (40 U.S.C. 327 et seq.); the Copeland Anti-
Kickback Act (18 U.S.C. 874); and regulations which implement these laws. f. Contracts in excess of $100,000 shall require
compliance with the following laws and regulations: Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)); Section 508 of
the Clean Water Act (33 U.S.C. 1368); Executive Order 11738; EPA Regulations - 40 CFR, Part 15; as applicable. g.
Procurement. For purposes of this agreement Cities and Counties are required to adopt the federal procurement policies and
procedures that align with Federal provisions of 2 CFR 200.318-200.326. The Procurement Policy is found in “Iowa
Community Development Block Grant Management Guide”, as found on the Authority’s website at
www.iowaeconomicdevelopment.com/Community/CDBG. h. CIVIL RIGHTS (a) DISCRIMINATION IN
EMPLOYMENT. The Recipient shall not discriminate against any qualified employee or applicant for employment because
of race, color, religion, sex, national origin, age, sexual orientation, gender identity, familial status, physical or mental
disability. The Recipient may take affirmative action to ensure that applicants are employed and that employees are treated
without regard to their race, color, religion, sex, national origin, age, sexual orientation, familial status, gender identity, or
physical or mental disability. Such action shall include, but may not be limited to, the following: employment, upgrading,
promotion, demotion, or transfers; recruitment or recruitment advertising; lay-off or termination; rates of pay or other forms
of compensation; and selection for training, including an apprenticeship. The Recipient agrees to post notices setting forth
the provisions of the nondiscrimination clause in conspicuous places so as to be available to employees Upon the State’s
written request, the Recipient shall submit to the State a copy of its affirmative action plan, containing goals and time
specifications, and accessibility plans, and policies as required under Iowa Administrative Code chapter 11—121. (b)
CONSIDERATION FOR EMPLOYMENT. The Recipient shall, in all solicitations or advertisements for employees placed
by or on behalf of the Recipient, state that all qualified applicants will receive consideration for employment without regard
to race, color, religion, sex, national origin, age, sexual orientation, gender identity, physical or mental disability, or familial
status. (c) SOLICITATION AND ADVERTISEMENT. The Recipient shall list all suitable employment openings in the State
Employment Service local offices. (d) CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. The Recipient shall comply
with all relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 19B.7 and Chapter 216, Code of Iowa;
Federal Executive Order 11246, as amended; Title VI of the U.S. Civil Rights Act of 1964 as amended (42 U.S.C. Section
2000d et seq.); the Fair Labor Standards Act (29 U.S.C. Section 201 et seq.); The Americans with Disabilities Act, as
Page 5 of 6
applicable, (P.L. 101 336, 42 U.S.C. 12101- 12213); Section 504 of the Rehabilitation Act of 1973 as amended (29 U.S.C.
Section 794); and the Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). The Recipient will
furnish all information and reports requested by the State of Iowa or required by or pursuant to the rules and regulations
thereof and will permit access to payroll and employment records by the State of Iowa to investigate compliance with these
rules and regulations. (e) CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING. The
Recipient certifies, to the best of his or her knowledge and belief, that: (i) No Federal appropriated funds have been paid or
will be paid, by or on behalf of the Recipient, to any person for influencing or attempting to influence an officer or employee
of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in
connection with awarding any Federal contract, making any Federal grant, making any Federal loan, entering into any
cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant,
loan, or cooperative agreement. (ii) If any funds other than Federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or
employee, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative
agreement, the Recipient shall complete and submit Standard Form-LLL, "Disclosure Form to Report Federal Lobbying" in
accordance with its instruction. (iii) The Recipient shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative
agreements) and that all subrecipients shall certify and disclose accordingly. (iv) This certification is a material representation
of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails
to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for
each such failure. (f) PROGRAM NONDISCRIMINATION. The Recipient shall conform with requirements of Title VI of
the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant thereto contained in 24 CFR
Part 1. No person in the United States shall, on the basis of race, color, national origin, sex or religion or religious affiliation,
be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity
funded in whole or in part with funds made available through this Contract. Any prohibition against discrimination on the
basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise qualified
individual with a disability as provided in the Americans with Disabilities Act, as applicable, (P.L. 101 336, 42 U.S.C. 12101
12213) or Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. Section 794) shall also apply to any such program or
Project. (g) FAIR HOUSING. The Recipient shall comply with Title VIII of the Civil Rights Act of 1968 (42 U.S.C. 3601 et
seq.), generally known as the Fair Housing Act, and with HUD regulations found at 24 CFR Part 107, issued in compliance
with Federal Executive Order 11063, as amended by Federal Executive Order 12259. The recipient shall also comply with
Section 109, Title I of the Housing and Community Development Act of 1974, as amended. (h) SECTION 3 COMPLIANCE.
The Recipient shall comply with provisions for training, employment, and contracting in accordance with 24 CFR part 75,
Section 3 of the Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered contracts shall
include the following clause (referred to as the section 3 clause): (i) The work to be performed under this contract is subject
to the requirements of section 3 of the Housing and Urban Development Act of 1968, as amended, 12 U.S.C. 1701u (section
3). The purpose of section 3 is to ensure that employment and other economic opportunities generated by HUD assistance or
HUD-assisted projects covered by section 3, shall, to the greatest extent feasible, be directed to low- and very low-income
persons, particularly persons who are recipients of HUD assistance for housing. (ii) The parties to this contract agree to
comply with HUD’s regulations in 24 CFR part 75, which implement section 3. As evidenced by their execution of this
contract, the parties to this contract certify that they are under no contractual or other impediment that would prevent them
from complying with the part 75 regulations. (iii) The contractor agrees to send to each labor organization or representative
of workers with which the contractor has a collective bargaining agreement or other understanding, if any, a notice advising
the labor organization or workers’ representative of the contractor’s commitments under this section 3 clause, and will post
copies of the notice in conspicuous places at the work site where both employees and applicants for training and employment
positions can see the notice. The notice shall describe the section 3 preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the qualifications for each; and the name and location of
the person(s) taking applications for each of the positions; and the anticipated date the work shall begin. (iv) The contractor
agrees to include this section 3 clause in every subcontract subject to compliance with regulations in 24 CFR part 75, and
agrees to take appropriate action, as provided in an applicable provision of the subcontract or in this section 3 clause, upon a
finding that the subcontractor is in violation of the regulations in 24 CFR part 75. The contractor will not subcontract with
any subcontractor where the contractor has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 75. (v) The contractor will certify that any vacant employment positions, including training
positions, that are filled (1) after the contractor is selected but before the contract is executed, and (2) with persons other than
Page 6 of 6
those to whom the regulations of 24 CFR part 75 require employment opportunities to be directed, were not filled to
circumvent the contractor’s obligations under 24 CFR part 75. (vi) Noncompliance with HUD’s regulations in 24 CFR part
75 may result in sanctions, termination of this contract for default, and debarment or suspension from future HUD assisted
contracts. (vii) With respect to work performed in connection with section 3 covered Indian housing assistance, section 7(b)
of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450e) also applies to the work to be performed
under this contract. Section 7(b) requires that to the greatest extent feasible (i) preference and opportunities for training and
employment shall be given to Indians, and (ii) preference in the award of contracts and subcontracts shall be given to Indian
organizations and Indian-owned Economic Enterprises. Parties to this contract that are subject to the provisions of section 3
and section 7(b) agree to comply with section 3 to the maximum extent feasible, but not in derogation of compliance with
section 7(b). (i) NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of the Recipient's noncompliance
with the nondiscrimination clauses of this Contract or with any of the aforesaid rules, regulations, or requests, this Contract
may be canceled, terminated, or suspended either wholly or in part. In addition, the State of Iowa may take further action,
imposing other sanctions and invoking additional remedies as provided by the Iowa Civil Rights Act of 1965 (Chapter 216,
Code of Iowa) or as otherwise provided by law. (j). Others as applicable.
1
ITEM #: ___18__
DATE 08-23-22
COUNCIL ACTION FORM
SUBJECT: DEACCESSION OF “MONOLITH” FROM PUBLIC ART INVENTORY
BACKGROUND:
The City’s Public Art Commission (PAC) manages the inventory of public art throughout
the Ames community. In 2020, the City purchased the Timothy Jorgensen sculpture
“Monolith” from the Ames Annual Outdoor Sculpture Exhibition. The sculpture is 7.5 feet
in height and made of stainless steel. Monolith was acquired at a cost of $4,000. It was
placed at the Airport Road/Oakwood Road/University Boulevard roundabout.
On July 15, 2022, Monolith was struck by a driver who was subsequently arrested for
operating while intoxicated. The sculpture was dislodged from its concrete pad and
suffered structural damage to the load-bearing lower section. Staff placed Monolith in
storage and contacted the artist to discuss whether repairs could be made.
2
The artist has provided a quote to repair the damage based on the visible damage
observed in the photos. The cost for mileage, materials, and labor are estimated by the
artist at $4,337.51, which exceeds the original purchase price of the sculpture (and
could be higher if further internal dam age is found).
At its August 3 meeting, PAC recommended that the sculpture be deaccessioned,
once the process to seek restitution from the driver (or the driver’s insurance)
has been completed. The necessary documentation has been provided to the City’s
Risk Manager and Legal staff to seek payment for the damage to the sculpture and
other damages to City property related to this incident. According to PAC policy, a
sculpture sustaining damage to this extent will be scrapped upon deaccession.
If deaccession is approved, PAC has expressed interest in exploring the placement of
another sculpture in this highly visible location.
ALTERNATIVES:
1. Approve the recommendation of the Public Art Commissio n to deaccession
“Monolith” by Timothy Jorgensen, to take place once the restitution process is
complete.
2. Do not deaccession this work, and direct PAC to arrange for the piece to be
repaired.
3
CITY MANAGER’S RECOMMENDED ACTION:
Monolith has been a valued addition to the City’s public art collection in the short time it
has been in the community. It appears that the damage experienced by the sculpture
would require repairs costing more than the purchase price of the piece . It is the
recommendation of the Public Art Commission to deaccession the sculpture.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
1
ITEM #: __19__
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: CHANGE ORDER NO. 3 – ELECTRIC SERVICES TRANSMISSION
MODIFICATIONS AT SE 16TH ST & S. DUFF AVE INTERSECTION
BACKGROUND:
On October 14, 2021, the Ames Electric Services issued a purchase order to IES
Commercial, Holdredge, Nebraska, for the construction and relocation of approximately
2300 feet of 69 kilovolt (kV) overhead transmission and 13.8 kV overhead distribution line
modifications at the intersection of SE 16th St and S. Duff Ave in the amount of
$529,140.38.
Due to delays caused by outside utility companies, IES Commercial was unable to
complete several construction activities outlined in the contract. Ames Electric Services
has accepted the work done by IES Commercial as substantially complete in
exchange for a deduct to the contract. The remaining construction activities will
be completed by Ames Electric Services crews. The value of the unperformed
construction activities ($87,392.26) will be deducted from the final contract amount
owed to IES Commercial.
PURCHASE ORDER HISTORY:
Change Order No. 1 to this purchase order in the amount of $0 was performed to
extend the project completion date from July 1, 2022 to July 8, 2022.
Change Order No. 2 to this purchase order in the amount of $0 was performed to
extend the project completion date from July 8, 2022 to August 1, 2022.
THIS ACTION:
This proposed change order (Change Order No. 3) in the amount of ($87,392.26)
reflects the unperformed construction activities of IES.
2
ALTERNATIVES:
1. Approve Change Order No. 3 with IES Commercial, Holdredge, NE, for deduction
of unperformed construction activities in the amount of $87,392.26.
2. Reject contract Change Order No. 3.
MANAGER'S RECOMMENDED ACTION:
Due to delays caused by outside utility companies, IES Commercial was unable to
complete several construction activities outlined in the contract so a Change Order is
being requested to remove those activities from the contract. The remaining construction
activities will be completed by Ames Electric Services crews. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1 as
stated above.
$529,140.38 Original Contract Amount
$ 0.00 Change Order No. 1
$ 0.00 Change Order No. 2
- $ 87,392.26 Change Order No. 3 (pending City Council approval – this agenda)
$ 441,748.12 Final Contract Amount
ITEM #: _20___
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 WATER SYSTEM IMPROVEMENTS PROGRAM
(US HIGHWAY 69: S DUFF AVENUE, GRAND AVENUE)
BACKGROUND:
The Water System Improvements program provides for replacing water mains in areas
that are experiencing rusty water problems. It also provides for installing larger distribution
mains in areas that have a high concentration of 4” supply lines, transferring water
services from 4” water mains in streets where larger water mains exist, and abandoning
4” water mains.
Eliminating duplicate water mains, where possible, improves water flow and helps reduce
rusty water. Installing larger distribution lines in areas that have a high concentration of
4” supply lines and less than desirable fire-fighting capacity (predominantly in the older
areas of the community) provides larger supply quantities in relation to the current and
proposed land uses.
The locations for this project include US Highway 69: S Duff Avenue (SE 5th- Lincoln
Way) and Grand Ave (6th St. – Murray Dr). Project locations have been coordinated
with Iowa Department of Transportation’s (IDOT) upcoming 2024 roadway improvement
project to minimize impacts to neighborhoods and commercial areas.
Staff has completed plans and specifications for this contract. Revenue and expenses
associated with this program are estimated as follows:
Available
Revenue
Estimated
Expenses
Construction (this project)
ALTERNATIVES:
1. Approve plans and specifications for the 2021/22 Water System Improvements
Program US Highway 69 (S Duff Avenue, Grand Avenue) and establish September
21, 2022, as the date of letting and September 27, 2022, as the date for report of
bids.
2. Direct staff to revise the project.
CITY MANAGER’S RECOMMENDED ACTION:
By improving the water systems in these sections of South Duff Avenue and Grand
Avenue, residents and businesses will see improved water quality and firefighting
capacity.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
Commerce Ave
S D
uff Ave
SE 2nd St
SE 5th St
East Ave
Sumner Ave
SE 2nd St
SE 3rd St
S S
he
rma
n Ave
S 5th St
Sherman Ave
S D
uff Ave
Duff Ave
High Ave
E Lincoln Way
2021-22 WATER SYSTEM IMPROVEMENTS LOCATION MAP
Wilson Ave
Hodge Ave
Grand Ave
12th StRoosevelt Ave
Harding Ave
Northwestern Ave
7th St
8th St
Hodge Ave
8th St
Harding Ave
9th St
10th St
6th St
Grand Ave
Wilson Ave11th St
7th St
Grand Ave
9th St
Roosevelt A
ve
Wilson Ave
6th St
Grand Ave
Durrell Cir
16th St
15th St
Wilson Ave
Roosevelt Ave 13th St
Murray Dr
13th St
Harding Ave
Grand Ave
16th St
Roosevelt A
ve
Roosevelt Ave Narland Dr
Wilson Ave
Harding Ave
Grand Ave
±
ITEM # 21
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 SHARED USE PATH SYSTEM EXPANSION – IOWAY CREEK
BACKGROUND:
This program provides for 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 will construct a shared use path along Ioway Creek from S. 5th Street
to 0.5 miles east of S. Duff Ave, as shown in the attachment.
WHKS & Co. of Ames, Iowa, and City staff have completed plans and specifications for
this project, with a total estimated construction cost of $918,210.35.
The table below shows the revenues and expenses for this project:
Revenues Expenses
Local Option Sales Tax $ 521,800
AAMPO TAP Funds (80% Construction)
560,000
Construction (Estimated) $ 918,210.35
Engineering and Administration (Estimated) 160,000.00
This project is scheduled to have a September 20, 2022, letting, which will be conducted
through the Iowa Department of Transportation (IDOT). Construction is planned to occur
in 2023.
ALTERNATIVES:
1. Approve plans and specifications for the 2021/22 Shared Use Path System
Expansion – Ioway Creek project and establish September 20, 2022, as the date
of letting and September 27, 2022, as the date for the report of bids.
2. Do not approve this project.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of the plans and specifications will continue to keep this project on the Iowa
DOT’s September 20, 2022, letting schedule. Therefore, it is the recommendation of the
City Manager that the City Council adopt Alternative No. 1, as described above.
ACCESS TO SPORTS COMPLEX
BAY DR
COVE D R
WAVE DR
FINCH ST
ROBIN ST
SHORE DR
ORIOLE ST
SANDCASTLE DR
CARDINAL RD
CREEKSIDE DR
S DUFF AVE
SE 16TH ST
S GRAND AVE
S 16TH ST
E LINCOLN WAY
S 4TH ST
S 5TH ST
S 3RD ST
FREEL DR
S 17TH ST
S 2ND ST
S MAPLE AVE
S WALNUT AVE
SE 5TH ST
SE 3RD ST
Access to city wells
S OAK AVE
BUCKEYE AVE
SE 2ND ST
LINCOLN WAY
S SHERMAN AVE
GOLDEN ASPEN DR
CHERRY AVE
S BORNE AVE
N 1 inch = 1,000 feet
2021/22 Shared Use Path (Ioway Creek) Project Location Future Shared Use Path Connections Existing O ff-Street Bike Facility Existing O n-Street Bike Facility
ITEM: __22 _
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 SANITARY SEWER REHABILITATION DESIGN – (AMES HIGH
SCHOOL AND VEENKER MEMORIAL GOLF COURSE)
BACKGROUND:
This is the annual program for rehabilitation/reconstruction of deficient sanitary sewers
and deteriorated manholes at various locations throughout the city. The goal of this
program is to identify and remove major sources of inflow/infiltration (I/I) as a means of
lowering the peak wet weather flow at the treatment plant. By eliminating I/I in these
mains, the sanitary sewer system will also regain needed capacity.
This project includes rehabilitation of sanitary sewers in the Ames High and
Veenker Golf Course area. WHKS & Co. of Ames, Iowa has completed plans and
specifications for the work. Revenues and expenses associated with this program are
estimated, as follows:
Revenue Expenses
2021/22 State Revolving Fund
2021/22 Sewer Utility Fund
$ 3,922,000
350,000
2021/22 Sanitary Sewer Rehab (this project)
2021/222 Sanitary Sewer Rehab (future phases)
$ 2,140,000
1,098,000
Engineering/Administration (Est.) 684,000
$ 4,272,000 $ 3,922,000
ALTERNATIVES:
1. Approve the plans and specifications for the 2021/22 Sanitary Sewer Rehabilitation
(Ames High School and Veenker Golf) project and establish September 21, 2022,
as the date of letting and September 27, 2022, as the date of report of bids.
2. Direct staff to pursue changes to the project.
CITY MANAGER'S RECOMMENDED ACTION:
This project advances City Council’s commitment to improve the sanitary sewer system.
This is the eighth of several large projects that will have an immediate impact by removing
Inflow & Infiltration to regain valuable capacity in the City’s existing sanitary sewer system.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # __23___
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: PRELIMINARY APPROVAL OF PLANS AND SPECIFICATIONS AND
NOTICE TO BIDDERS FOR POWER PLANT RENOVATIONS
BACKGROUND:
This project is to improve the women’s restroom, provide for gender-inclusive
bathroom/shower facilities, and eliminate security access concerns at the Power Plant.
The entrance to the Power Plant was built nearly 73 years ago. At the time the bathroom
facilities supported a staff of 25 employees, mostly men. Today Electric supports 43
Power Plant staff and the bathroom & shower facilities are not adequate to support a
more diverse workforce nor provide the necessary security needed in today’s
environment.
Women’s Restroom
About 35 years ago, a small women’s restroom was constructed on the turbine deck to
provide a space for female employees and female visitors. This restroom is still used
today and is the only option for females within the plant unless there are portable,
temporary options set up outside. The women’s restroom has a single toilet and sink,
making it incredibly challenging to accommodate multiple females working in the plant at
the same time. Recently, there has been as many as five females on staff. In addition,
the plant will often host contractors, with an increasing number of women on the crew
adding to the difficulty of sharing a single restroom.
Figure 1 and 2 - Women’s Restroom
2
Only Male Shower Facilities
There are also no shower facilities within the Power Plant for female employees or
contractors, despite there being multiple showers available for male employees in a men’s
locker room. The Power Plant recently employed its first female mechanic on shift
operations and the only option for a shower facility for her was to use shower facilities in
another building.
As the Power Plant employee group continues to evolve into a more diverse unit, it has
become a high priority for the Power Plant to provide facilities that can be used equally
by all people, including individuals with disabilities. The current facilities are designed
towards a male workforce. To be more inclusive, the restroom and shower options need
to be changed.
Building Security
The current main entrance of the plant contains a wire gate/wall that is just inside the front
doors. Visitors are required to interact with plant personnel at this gate through an
intercom system. The visitors are then let through the gate where the visitor can walk
onto the Turbine/Generator deck and anywhere inside the plant. To prevent visitors from
accessing the plant, plant management must “intercept” visitors on the turbine deck and
wait with them until the person they are visiting comes to receive them. When visiting,
the turbine deck is very loud and makes communication difficult, so an office or the plant
meeting room, located in the middle of the plant, is required to be used even if the visit is
short.
Figure 3, 4, & 5 – Main Entrance
3
PROPOSED PLAN:
The City Council is being asked to approve the plans and specifications and notice
to bidders for power plant renovations that include demolition of the existing main
restrooms in the front of the Power Plant, construction of new gender-neutral
restrooms/shower, and construction of a new front entrance lobby space to
maintain security. The proposed plans and specifications provide for five
individual restrooms that are inclusive for all to use. One of the restrooms will
have shower facilities and will meet ADA accessibility standards.
The proposed plans and specifications also include constructing a front entrance lobby
space that will allow for visitors to enter the building, talk to plant personnel , have a space
to sit and wait and/or use the restroom, but will prevent visitors from entering into other
areas of the Power Plant.
This project is complex and involves a number of barriers to overcome which is
reflected in a large engineer’s estimate of $503,650. These barriers include space
limitations, demolition and construction while maintaining normal electricity production
activities, and renovating an older plant with a lot of existing infrastructure. Plans and
specifications include instructions for the contractor to relocate and update a large
electrical panel, move numerous existing electrical components, relocate existing drain
lines, and add in an additional HVAC system.
BUDGET:
Estimated Total Project Expense:
Engineering/Design $ 48,500
Construction Cost Engineer Estimate $ 503,650
Total Estimated Expense $ 552,150
Total Authorized Budget
FY 2021/22 CIP $ 400,000
FY 2022/23 CIP $ 155,000
Total Authorized Budget $ 555,000
The $155,000 for FY 2022/23 CIP was originally to be used for Turbine deck
improvements. The original estimated cost for all Turbine Deck improvements was
$300,000. The Turbine Deck improvements included cleaning and painting walls,
replacing south windows, and installing an epoxy floor. Plant staff has determined it best
4
to not clean and paint the turbine deck walls and direct the budget towards this higher
priority project.
ALTERNATIVES:
1. Grant preliminary approval of the plans and specifications and issue a Notice to
Bidders for a project to renovate the lobby and restrooms at the Power Plant, and
establish September 28, 2022, as the bid due date and October 11, 2022, as the
date of public hearing and award.
2. Do not approve the plans and specifications and a Notice to Bidders thereby
delaying the start of this project.
CITY MANAGER’S RECOMMENDED ACTION:
These renovations at the Power Plant will create bathroom facilities to support a much
more diverse and inclusive workforce and will drastically improve the security of the plant.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
ITEM # ___24__
DATE: 08/23/22
COUNCIL ACTION FORM
SUBJECT: AWARD CONTRACTS FOR FISCAL YEARS 2022-23 and 2023-24 FOR
THE EMERALD ASH BORER RESPONSE PLAN
BACKGROUND:
The Parks and Recreation Department is responsible for managing all trees within the
parks, cemeteries, and right of ways. Part of those responsibilities include overseeing
the Emerald Ash Borer (EAB) Response Plan which was approved by City Council in
2014. The FY 2022/23 includes funds for ash tree removal, stump removal, treatment,
and replanting. Staff recently received bids for fiscal years 2022/23 and 2023/24 of the
plan which included tree removal, stump grinding, treatment, and replanting. While the
bids were submitted on a unit cost basis, the evaluated bids shown below are
based on estimated quantities listed in the RFP.
Tree Removal
Successful Bidder: FY 2022/23 FY 2023/24 Total
Arborpro Tree Service, Fort
Dodge, Iowa $32,070 38,270 $70,340
Pitts Lawn and Tree Service,
Huxley, Iowa $32,200 $39,500 $71,700
Family Tree Care, LLC.,
Windsor Heights, Iowa $38,490 $45,660 $84,150
Stump Grinding
Successful Bidder: FY 2022/23 FY 2023/24 Total
Pitts Lawn and Tree Service,
Huxley, Iowa $3,000 $3,270 $6,270
Arborpro Tree Service, Fort
Dodge, Iowa $5,568 $6,069 $11,637
Family Tree Care, LLC.,
Windsor Heights, Iowa $9,600 $10,464 $20,064
Treatment
Successful Bidder: FY 2022/23 FY 2023/24 Total
Family Tree Care, LLC.,
Windsor Heights, Iowa $38,528 No Treatment $38,528
Arborpro Tree Service, Fort
Dodge, Iowa $49,536 No Treatment $49,536
Tree Replacement
Successful Bidder: FY 2022/23 FY 2023/24 Total
ALPHA Landscapes, LLC.,
Slater, Iowa $29,050 $24,900 $53,950
The FY 2022/23 Right-of-Way Emerald Ash Borer budget has $200,038. The total of
the low bids for the four work activities equals $102,648.
ALTERNATIVES:
1. Award contracts for Fiscal Years 2022/23 and 2023/24 for the Emerald Ash Borer
Response Plan to the following companies:
a. Arborpro Tree Service, Fort Dodge, Iowa for Ash Tree Removal in the
amount not to exceed $70,340
b. Pitts Lawn and Tree Service, Huxley, Iowa for Stump Grinding in the amount
not to exceed $6,270
c. Family Tree Care, LLC., Windsor Heights, Iowa for Treatment in the amount
not to exceed $35,528, and
d. Reject bid from ALPHA Landscapes, LLC., Slater, Iowa for Tree
Replacement
2. Award contracts for Fiscal Years 2022/23 and 2023/24 for the Emerald Ash Borer
Response Plan to the following companies:
a. Arborpro Tree Service, Fort Dodge, Iowa for Ash Tree Removal in the
amount not to exceed $70,340
b. Pitts Lawn and Tree Service, Huxley, Iowa for Stump Grinding in the amount
not to exceed $6,270
c. Family Tree Care, LLC., Windsor Heights, Iowa for Treatment in the amount
not to exceed $35,528, and
d. ALPHA Landscapes, LLC., Slater, Iowa for Tree Replacement in the
amount not to exceed $53,950.
3. Reject all bids and rebid at a future time.
CITY MANAGER’S RECOMMENDED ACTION:
Since 2014, staff has removed over 1,300 right of way ash trees. There are approximately
400 ash trees remaining. Over the last year staff has really seen a decline in ash trees
in the right of way as well as private property. More than ever, it is important to stick to
the plan and continue to remove and replace ash trees in order to sustain the amount of
tree canopy within the City as well to ensure residents are safe while utilizing public
roadways and sidewalks.
The bids received for tree removal, treatment , and tree replacement are over twice as
much as the previous bid that was awarded in FY 2020/21. However, staff is seeing
higher prices for other contract services over the past few months. There are sufficient
funds available to complete the program for FY 2022/23. However, staff feels awarding
a contract for tree replacement at this time would not be prudent because the cost per
tree is more than twice as much as the current contract and, with only one bid, it is not
possible to determine if this lone bid represents the best cost.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
Smart Choice
MEMO
515.239.5105 main
515.239.5142 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
City Clerk’s Office
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: August 16, 2022
Subject: Contract and Bond Approval
There is/are no Council Action Form(s) for Item No(s). 25, 26, and 27. Council approval
of the contract and bond for this/these project(s) is simply fulfilling a State Code
requirement.
/alc
Smart Choice
515.239.5101 main
5.239.5142 fax
Ave.
IA 50010
w.CityofAmes.org
MEMO
To: Mayor and Ames City Council
From: Steven L. Schainker, City Manager
Date: August 19, 2022
Subject: Selection of Site for New Indoor Aquatics Center
I realize the selection of the site for the new indoor aquatics center is one
of the most difficult decisions that this City Council has been asked to
make. Based on previous Council and public feedback, it appears that the
major focus has been on the IDOT and O’Neal Park sites. in order to
assist you with the site selection decision, I am attaching a summary of
the major PROs and CONs for both of these sites.
I want to emphasize that this summary does not reflect every issue
that was raised over the past weeks, but rather what I believe are the
most significant issues identified. In addition, there was no effort on
my part to prioritize the importance of one issue compared to
another. For the purposes of the attached summary every issue is
given equal weight, which might not be supported by each of you.
Item No. 28
IDOT SITE
PROS:
• No need to modify the Urban Renewal Area nor
Reinvestment District
• Reverse referendum no longer a possibility
• After originally consulting with the neighborhood
residents, they had no major opposition to this site
• A conceptual plan has already been developed by
RDG
• Once the contract to purchase land from IDOT is
finalized, the architect and construction manager can
be hired and begin design immediately
• Responded to objections from neighborhood
residents by not pursuing the O’Neil site
• Potentially receive up to $10,000,000 from sales and
hotel/motel tax revenues from the State to offset debt
service payments for new indoor aquatics center
• Allows the City to complete the project quicker than
pursuing any other site
• Replaces an impervious area with an impervious area
• A number of the individuals who have pledged
donations for the indoor aquatics center have
expressed a desire that the City move ahead with the
IDOT site
CONS:
• There will always be the perception among some
citizens that the site remains contaminated and poses
a continued health threat to users
• The City will be responsible for all remediation and
construction costs to protect the site with no indication
at this time regarding the total amount of, or cap on,
the City’s financial obligation to accomplish these
responsibilities
• In order to satisfy concerns about the safety of the
site, on-going expenses may be required for
monitoring groundwater
• While there is the possibility of seeking Federal grant
funding for cleaning up the site, the grant program
involves a competitive application process that could
take a significant amount of time before funding
decisions are made, and the City must first acquire
the site to qualify
• According to IDNR officials, the potential approval for
a geothermal system at this site is low
O’NEIL PARK SITE
PROS:
• Since the $2.9 million land acquisition cost will not be
required at this site, there is a greater likelihood that
the walking track and multipurpose room addition can
be financed within current budget
• There is the ability to offer a replacement park a few
blocks west of the current park site that won’t require
current residents adjacent to O’Neil Park from
crossing major streets to access
• This site is similar in size to the IDOT site, so it should
be able to accommodate the same facilities planned
for IDOT site
• Discussions with Iowa Economic Development
Authority staff indicate it may be possible to modify
boundaries of Reinvestment District to include the
O’Neil Park site and still qualify for $10,000,000 from
sales and hotel/motel tax revenues from the State to
offset debt service payments for the new indoor
aquatics center
CONS:
• Switching to this site will require modifying the
boundaries of the URA, thereby subjecting the ability
to issue bonds to a reverse referendum
• Switching to this site will require modifying the
Reinvestment District boundaries which will require
approval from the IEDA in order to receive up to
$10,000,000 of State incentive funds
• Assuming the IDOT site eventually is developed
privately and the aquatics center is built on the O’Neil
Park site, additional impervious areas will be added to
the area while removing green space
• It appears that the site is not contaminated so no
additional costs will be needed for remediation, but
there has been no testing of the site to prove it
• It is possible that RDG will ask for additional
compensation in order to develop a new site plan that
was not examined in their preliminary evaluation
associated with the IDOT site
• Not sure what type of amenities will be allowed to be
built in the flood buy-out area until the development
plan for the replacement park is approved by FEMA.
• A number of the individuals who have pledged
donations for the indoor aquatics center have
expressed opposition to the O’Neil site
• There has been strong citizen opposition regarding
the construction of the aquatics center at O’Neil Park
MEMO
PARKS & RECREATION 515.239.5350 main 515 Clark Ave., P.O. Box 811
515.239.5355 fax Ames, IA 50010
www.CityOfAmes.org
To: Mayor and Ames City Council
From: Keith Abraham, Parks & Recreation Director
Date: 08/19/22
Subject: Follow-up meeting with Iowa Department of Natural Resources (IDNR) regarding geothermal Wells
At the August 9 City Council meeting, I referenced a potential meeting with the IDNR to discuss the potential of
geothermal wells at the IDOT site. On Tuesday, August 16, I met with Deb Williams and Eric Day, who are
associated with the Private Well Program section of the IDNR. Attachment A is a summary from Deb Williams
regarding our discussion.
With the information they have, the representatives from the IDNR made several comments.
1. Based on similar systems in central Iowa for geothermal fields, Williams and Day are assuming that the
aquatic center may need a multitude of borings of a minimum of 150 feet in total depth on 15-foot
centers.
2. Contamination: Geologic settings in nearby wells are driving forces in reviewing a Private Well permit
for geothermal. To place geothermal wells at the DOT site, we will need to acquire this permit from the
IDNR.
3. As part of the permit process for geothermal wells, the City of Ames will need to hold additional
conversations with Private Well Program representatives and perform some geologic test borings.
These borings need a minimum depth of 50 feet to provide a geologic profile of the various layers on
this site. There will also need to be additional water quality sampling.
4. The IDNR representatives clarified that double casing on the geothermal wells does not prevent
contamination from moving vertically. The secondary casing is only used to secure a section of the
borehole from sloughing grout.
5. Based on the information the IDNR has at this time, the potential for approval by the IDNR Private
Well Program for a geothermal system on the DOT site is low.
Attachment #1
From: Williams, Deb <deborah.williams@dnr.iowa.gov>
Sent: Wednesday, August 17, 2022 1:53:36 PM
To: Abraham, Keith <keith.abraham@cityofames.org>; Erik Day <Erik.day@dnr.iowa.gov>
Subject: Fwd: DNR Grant Questions
Good morning Keith,
Thanks for taking some time yesterday to meet with Erik and I at the proposed site of the Ames
Aquatic Center. I thought I'd start off with forwarding part of our response sent to internal team last week
(Mike Sullivan and Matt Culp et al. ) Within that first dialogue was the attached Source Water Protection Plan
for the City of Ames in addition to the 2020 City's sanitary survey.
As discussed yesterday, for geologic reference I have embedded reference records obtained from GEOSAM -
Iowa Geological Survey to three nearby City well logs for Well #8 to the SW 1 block and Well # 15 due South a
block and Well #7 to the east....which represents the geologic lithologic sequences to 120 feet below ground
surface (bgs).
GHEX Size and Depth:
Not knowing what the building thermal needs will be for the (GHEX BTU- tonnage), there is an assumption
based upon other similar systems in central Iowa for commercial loop fields there will be a multitude of
borings (minimum of 150 in total depth on 15 foot centers or if looking at horizontal loops (minimum of 300
feet long and layered at intervals of 15/30/45).
Contamination:
Contamination, geologic setting and nearby wells are the driving forces in the review for a Private Well permit
for geothermal. Based upon historical and recent Contaminated Sites reports of identified plumes nearby and
onsite contamination related to the FMGP site and former LUST sites and other identified contamination
contributors. A large portion of known contamination sits on the NE corner of the available property for the
GHEX footprint. As well as, identified unknown residual contamination and scattered by other contributors
that may be altered by shallow groundwater flow and geologic anomalies (sand seams) from NE to SW cross-
gradient of what would be the GHEX bore field.
Geologic Setting:
Geologically, there is glacial till layer of unoxidized identified in the City Well #8 - 10 - 60 feet below ground
surface (bgs) but does not appear to be continuous; the alluvial (sand and gravel) aquifer is from 70 - 120 bgs
with a 5 foot till silt layer at the base. Note, the overburden of glacial till is fractured and interbedded with
sands and gravel lending to potential preferential pathways for movement of both groundwater and migrating
contamination.
GHEX Private Well permit review:
The potential approval by the Private Well Program for a GHEX system for this site is low both for the fact that
based upon commercial sizing with multiple borings to a minimum depth of 150 for vertical and/or 50 feet for
horizontal loop fields lends strongly to the potential of increasing interconnection between the upper
contaminated shallow aquifer and lower potable aquifer source. The lower potable aquifer is highly vulnerable
due to it's lack of natural confining protective layers, and introducing a geothermal well field would relate to
more exposure due to penetrating borings to contributing sources of contamination.
The Private Well Program (Erik and I) in our review would be looking for a dense till or shale acting as a
confining layer to provide additional protection for the lower alluvial potable aquifer source (City of Ames well
field) from contamination. However, from what we have for well logs there is not enough geologic data to
verify the glacial till is continuous and homogeneous.
If the City wishes to pursue the geothermal option for vertical or horizontal, additional discussion with the
Private Well Program as well as, additional requirements of pre construction geologic test borings (not to be
confused as conductivity or geotechnical test bores) but rather to provide a geologic guide of the
representative lithologic sequence that may affect groundwater movement, loss of grout or migration of
contamination. Performed to a minimum depth of 50 feet and with the additional requirement of water
quality sampling at first encounter of groundwater for identified contaminants - PAH's, BTEX and Arsenic,
Chlorinated Solvents.
Finally, in reference 'double casing' as an option of protection for the geothermal loops - Not sure if that was
to protect the HDPE loop or the aquifer. This is not a general practice for GHEX since there is no thermal
exchange benefit for maintaining conductivity but rather would retard thermal exchange, but this is a practice
for water wells in contaminated areas for the protection of the potable aquifer. Geothermal wells are made of
HDPE (High Density Polyethylene) tubing extended into a bore hole and with full length bentonite thermal
enhanced grout mixture tremied from the bottom of the boring up. Secondary casing is only used to secure
sections of the borehole from sluffing or voids to reduce loss of grout; often set then drilled through and then
pulled after loop is placed. Hence, this is not practical or effective in this scenario. BTEX, Chlorinated solvents,
or PAH's may have some affect particularly with the sealants of the joints in the geothermal loops - we suggest
you ask the manufacturer.
If you have any additional questions moving forward that weren't addressed, please feel free to email or call
either Erik or myself.
Best regards.
www.iowadnr.gov
Deborah R. Williams| Geologist III
Water Supply Engineering Section
Private Well/Water Use and Allocation
Iowa Department of Natural Resources
C: 515-975-1644
502 E. 9th Street, Des Moines, IA 50319
1
ITEM # __29___
Staff Report
REQUEST TO AMEND THE DEVELOPMENT PROPOSAL FOR THE INDUSTRIAL
SMALL-LOT TIF SUBDIVISION LOCATED AT 2105 & 2421 DAYTON AVENUE.
August 23, 2022
BACKGROUND:
At the April 12th City Council meeting, the City Council directed staff to prepare a
Development Agreement with Dayton Avenue Development, LLC for a new small-lot
industrial development subdivision based upon described development terms and an
incentive to use Tax Increment Financing (TIF) to support the infrastructure construction.
Staff was directed to finalize a development agreement concurrent with the platting of the
site and for the developer to obtain construction cost estimates prior to finalizing the
agreement.
The developer’s proposal was in response to a Request for Proposals (RFP) issued by
City in 2021. One component of the RFP was to have a minimum of 6 “small lots” as part
of the subdivision proposal and for the construction of speculative buildings on the small
lots. Small lots were defined as lots between 1-3 acres in the RFP. Additionally, the RFP
had a maximum lot size of 10 acres. The proposal that City Council accepted in April
consisted of a subdivision of 13 lots with 7 lots being 1 -3 acres in size and 6 lots
being between 3 and 10 acres in size. Speculative buildings were to be constructed
on the small lots consistent with the proposed terms of the development
agreement.
Since April, the developer has moved forward in preparing subdivision plans. The
subdivision will be located on 72.99 acres at 2105 & 2421 Dayton Avenue (Location Map-
Attachment A). The proposed subdivision now includes 10 total lots. At the previous City
Council meeting, the City Council reviewed a letter from Chuck Winkleblack with
Dayton Avenue Development, LLC requesting that the accepted development
proposal from April be amended to 5 small lots between 1 and 3 acres and 5 large
lots between 3 acres and 11 acres in size (Letter and Layout-Attachment B).
The developer has indicated that in order to make required stormwater
improvements and to accommodate businesses wanting to locate in the
subdivision that the amended lot layout is most economically feasible. The
changes results in three fewer total lots, two fewer small lots and one less large
lot. Additionally, two of the lots slightly exceed the ten-acre maximum threshold of
the RFP.
OPTIONS:
The applicant is requesting that the City Council accept an amended subdivision layout for
2
a small lot industrial subdivision at 2105 & 2421 Dayton Avenue of 5 small lots and 5 larger
lot. Since only the City Council is authorized to accept this type of proposal and approve
any subsequent Development Agreement with a TIF incentive, the City Council must
determine whether it is willing to accept an amendment to the April proposal.
OPTION 1: Accept the amended Development Proposal of 5 small lots and 5 large
lots with an allowance to enlarge the maximum lot size to 11 acres.
The City Council can choose to accept an amended proposal that changes the number of
lots in the entire subdivision to 10 lots with 5 of those lots being between 1 and 3 acres in
size and 5 of the lots being between 3 and 11 acres in size. The layout would be generally
consistent with Attachment B.
This proposal maintains half of the proposed lots as small sized lots. If the Council believes
that reducing the number of small lots from 7 to 5 as well as allowing a slight increase in
maximum lot size for two lots still meet the intent of the RFP and justifies the use of a TIF
incentive, then this option should be chosen. With this option the developer would proceed
with review of the preliminary plat and return to the City Council for approval of the project
and review of cost estimates this fall.
No other draft terms from April will be changed other than the subdivision layout exhibit.
OPTION 2: Decline to take any action and require the subdivision design from the
original April proposal.
The City Council can decline to take any action and have the developer conform to the
April proposal in order to proceed with a development agreement. With this option, the
developer will need to provide staff with a subdivision plat that shows 7 small lots and
ensure no lot exceeds 10 acres in size if they wish to pursue the development agreement
described in April.
STAFF COMMENTS:
According to the developer, in order to meet stormwater requirements and to
accommodate business that is already interested in located in the subdivision the
proposed amendment is most viable. The basis for considering a Development Proposal
for TIF was the inclusion of “small lots” and a set of guidelines that restricted the size that
all lots could be in the subdivision.
Staff believes that with the new proposal having half of the lots as small lots still
meets the original intent of the RFP for qualifying for TIF. While the number of small
lots is reduced and the corresponding potential for speculative buildings, staff still
believes that the five small-lot proposal achieves the goal of providing additional
real estate for small business expansion. Staff also believes that allowing an
increase in maximum lot size from 10 acres to 11 acres substantially conforms to
the intent of the RFP.
3
Attachment A- Location Map
4
Attachment B- Amended Development Proposal
To: Honorable Mayor and City Council
From: Chuck Winkleblack
Date: Aug 4, 2022
RE: Dayton Ave Development
We have been working on our small lot industrial development on North Dayton Ave
since we were last in front of council back in April. Since then, a few things have
changed regarding the subdivision design and we wanted to make sure we had your
approval to continue forward with the platting process.
The changes have been a result of working with end users that want to invest in our
community. The preliminary layout that was in front of you in April had thirteen lots. Our
present layout has ten lots.
The RFP indicated that we were not to have lots larger than 10 acres. We have two
lots that are 10.64 and 10.67 acres. We are working with an end user to build on both
lots and have crafted the layout to accommodate their design as well as for efficient
development.
Our original design on the South side of the South entrance road had two lots
approximately 2.5 acres in size. We are now working with an end user that desires to
build a 35,000 to 40,000 SF building. The circulation for trucks and customer parking
resulted in combining those two lots into one.
The surgical center lot (lot 10 on the attached plat) has grown as the design of the facility
has evolved.
Originally, we had 3.8 acres in an outlot in the SW corner of the subdivision for storm
water detention. In order to meet the code requirements for storm water detention the
size of our outlet grew to 6.27 acres.
We still have five lots on the North end of the subdivision that are 2.5 acres or less in
size were spec buildings could be built on.
5
ITEM #: 30
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: DEVELOPMENT AGREEMENT FOR A NEW HANGAR AT THE AMES
AIRPORT
BACKGROUND:
The City was approached by Summit Agricultural Group, LLC (Summit) with a proposal
to construct a new private hangar at the Airport. For the project, potential locations on
Airport property were evaluated in accordance with the Airport’s Master Plan. Following
this evaluation, Summit proposed a site plan (attached) through the City’s Development
Review Committee (DRC) process and received conditional approval for the site
northwest of the old terminal building where the Ramp Service building is located.
To complete the process, City staff worked with Summit on a Development Agreement
(attached) and Land Lease (covered under separate agenda item). The agreement details
Summit’s requirements for the new hangar development. It also, defines what occurs in
case of default during the construction process to protect the Airport’s interest.
The cost to demolish the Ramp Service building to make way for the new hangar is
estimated at $60,000. Impact 7G conducted an environmental investigation of the building
and found small amounts of asbestos in the roofing material and the window glazing. This
is estimated to increase the cost of demolition by up to $30,000. Normally, the City would
be responsible for clearing the site for development. However, to expedite the project,
Summit has agreed to take the lead and contract for the demolition and asbestos
abatement. In return for this work, the Development Agreement calls for the City to
provide an annual rent rebate of $6,000 to reimburse Summit for the actual demolition
costs, not to exceed $90,000 (no more than 15 years).
An illustration of the financial benefit of the Summit development to the Airport is shown
below, utilizing the first year of the lease (FY 2022/23). The lease payment will increase
by the percentage called for in the Lease Agreement which is 2.7% annually for the first
five years. Summit has said they will initially have two jets using up to 45,000 gallons of
jet fuel per year, with plans to base a third jet in the hangar. The Airport receives a fuel
flowage payment of $0.08 per gallon. In addition, the City will benefit from Summit paying
taxes on the estimated $4.5 million development, which is not included in the illustration.
Annual Amount
Lease – Hangar area $6,055
Lease – Fuel tank area $ 687
Fuel Flowage $3,600
Demolition Rebate ($6000)
Net Revenue Gained In 1st Year $4,342
As noted, the proposed site for the Summit hangar is where the existing “Ramp
Service Building” is located. Because this building is listed in the Fixed Base
Operator (FBO) agreement with the City, an addendum to that agreement will be
needed. It has been provided in the Development Agreement that Summit will
compensate the FBO for the loss of the building rental revenue. This side
agreement will be between Summit and the FBO only. The addendum to the FBO
agreement (covered under separate agenda item) has been drafted, acknowledging
the loss of the availability to the FBO of the Ramp Service Building.
ALTERNATIVES:
1. Approve the Development Agreement with Summit Agricultural Group, LLC for a
new private hangar at the Airport.
2. Reject the agreement.
MANAGER’S RECOMMENDED ACTION:
By approving the Development Agreement, the Airport will see its first new private hangar
development in several decades. It also marks the beginning of those private investment-
driven improvements anticipated by the Airport Master Plan, which are critical for the long-
term financial viability of the Airport.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
Page 1 of 9
NSTRUMENT REPARED Y Ryan L. Haaland, 111 E. Grand Ave., Ste. 301, Des Moines, IA 50309; (515) 242-
8900
City of Ames, Iowa, Attn: City Clerk, 515 Clark Ave., Ames, IA 50010
DEVELOPMENT AGREEMENT
THIS DEVELOPMENT AGREEMENT (this “Agreement”), is made and entered into as of the
Effective Date (as that term is defined herein) by and between the City of Ames, Iowa (the “City”) and
Summit Aviation, LLC, an Iowa limited liability company (“Summit”). City and Summit are hereinafter
collectively referred to as the “Parties” or individually as a “Party”. This Agreement shall be effective as
of the date the City approves the same (the “Effective Date”).
RECITALS
WHEREAS, Summit desires to construct an airplane hangar and ancillary improvements
(collectively, the “Hangar ”) on real property owned by the City, as legally described on the
attached Exhibit A (the “Site”); and
WHEREAS, Summit intends to construct the Hangar pursuant to an approved Site Plan (the
“Plan”) approved subject to certain conditions by the City’s Department of Planning and Housing on or about
June 20, 2022, (a true and accurate copy of the Plan is located at the office of the City’s Department of Planning
and Housing and is incorporated herein by reference as if fully set forth) as may be amended from time to
time; and
WHEREAS, the Parties desire to enter into this Agreement to delineate the rights,
responsibilities, and obligations of each Party as it relates to the construction of the Hangar
and the Site.
NOW, THEREFORE, in consideration of the Recitals and of the mutual covenants contained
herein, and reliance on the same, the receipt and sufficiency of which is hereby acknowledged, the Parties
do hereby agree as follows:
Page 2 of 9
I
INTENT AND PURPOSE
It is the intent of this Agreement to: (a) Recognize that the City is the fee simple owner of the
Site; (b) Acknowledge that Summit will need to obtain a lease of the Site from the City for the use and
occupancy of the Hangar; (c) Acknowledge that the City and Summit desire the development of the Site, in
accordance with the Plan, but only if the Conditions Precedent (as that term is defined herein) are satisfied;
and (d) Provide remedies to the City in the event Summit fails to fulfill its obligations under this Agreement.
II
CONDITIONS PRECEDENT
1. The City and Summit agree that for the rights, duties and responsibilities of this Agreement to
become effective as to either Party, the Parties must execute the Hangar Lease (the “Lease”) on a form
prescribed by the City, which shall be considered by the City Council contemporaneous with this
Agreement.
2. The Parties hereby understand, acknowledge, and agree that if the Lease, as contemplated by
this Article II, is not approved, this Agreement shall be deemed null and void and of no force or effect
whatsoever.
3. Summit shall be solely responsible the demolition of the existing old ramp service building
currently upon the site prior to commencing construction and the City shall have no responsibility for the
costs of demolition except as set forth in Section VIII(1) below.
4. The Parties hereby understand, acknowledge and agree that construction of the Hangar upon
the Site is subject to the terms and conditions of the Plan and that Summit must submit for approval a
construction staging plan to the City’s Airport Manager before commencing construction.
III
CONSTRUCTION OF HANGAR
1. Summit agrees to commence construction of the Hangar on the Site as shown in the plans and
specifications, attached hereto as Exhibit B and in accordance therewith within twenty-four (24) months
of the Effective Date. Summit shall submit to the Airport Manager a construction staging plan for approval
prior to commencing any construction activities.
2. Except as otherwise expressly set forth herein, Summit shall pay all costs and expenses arising
out of or in connection with the construction of the Hangar. Summit further agrees that it will make
payments of all such costs and expenses when due. Summit shall be solely responsible at its cost for
obtaining any and all construction permits, site plan approvals and any other approvals or permits
associated with Summit’s use or potential use of the Site.
3. Summit agrees that the Hangar to be erected and completed on the Site will be constructed in
a good and workmanlike manner and that the Hangar, as well as any improvements, alterations or repairs
to or in and about the Site thereon shall be in compliance with the approved plans and specifications and
all applicable ordinances, statutes, rules and regulations of all city, county, political subdivisions or other
Page 3 of 9
governmental authority having jurisdiction to regulate or supervise the Building.
4. Any and all development on the Site shall be in accordance with and pursuant to the Plan.
5. Summit shall provide sufficient parking, landscaping, and other improvements to the Site, all
as set forth in the Plan.
6. All ordinances, regulations, and policies of the City now existing, or as may hereafter be
enacted, shall apply to activity on the Site.
7. Notwithstanding anything in this Agreement to the contrary, it is understood and agreed that
the Site shall include, in all events, a location to store and dispense fuel, but only in accordance with a
valid City of Ames Self-Fueling Permit authorizing such activity, and subject to the following standards:
a. National Fire Protection Association (NFPA) 407, Standard for Aircraft Fuel
Servicing,
b. Federal Aviation Administration (FAA) Airport Circular: AC 150/5230-4,
Aircraft Fuel Storage, Handling and Dispensing on Airports,
c. Ames Municipal Airport Master Plan, Appendix B, Standards and Requirements
for Self-Fueling, and
d. Any operator of a private fuel storage tank, prior to engaging in any fuel storage
or dispensing, shall first complete a Fire Safety Training Course that complies with the standards
established by 14 CFR section 139.321(e)(l).
e. Ames Municipal Fire Code (Chapter 8) and NFPA standards.
f. All City, State, or Federal Laws having any applicability whatsoever to self-
fueling or the storage of Fuel.
g. Execution of a Fuel Addendum Agreement on a form prescribed by the City of
Ames permitting said activities.
8. As soon as reasonably practicable after completing construction and demolition, Summit shall
restore, to the satisfaction of the City, the Site to substantially the same condition as existed prior to
Summit’s construction and demolition activities. Summit shall submit to the City’s Airport Manager for
his approval a copy of Summit’s restoration plans which approval shall not be unreasonably withheld.
9. Summit shall have access to the Site, upon the approval of this Agreement, from adjacent
public rights of way during construction of the hangar, however, nothing herein shall be interpreted as
granting a permanent easement to Summit by the City.
IV
REMEDIES
1. The City shall not issue a building permit, zoning permit, or any other permit of the City with
Page 4 of 9
respect to any excavation, construction, reconstruction, or remodeling on the Site unless said work is
undertaken in accordance with the provisions of this Agreement and meets the requirements of the Ames
Municipal Code.
2. The City reserves all remedies allowable under law or in equity in the event of a breach of
this Agreement by Summit, including, but not limited to, obtaining an order for specific performance and
an order for injunctive relief. Summit shall indemnify and hold harmless the City, its respective officers
employees and agents from any claims, fines and expenses arising from this Agreement or for any property
damage or personal injury arising from the acts or omissions of Summit, or its agents, contractors, officers
or employees to the fullest extent allowed by law.
V
MODIFICATION OF AGREEMENT & ASSIGNMENT
The Parties agree that this Agreement may be modified, amended or supplemented by written
agreement of the Parties. Summit’s obligations set forth in this Agreement may not be assigned in whole
or in party to any other party without the written consent of the City.
VI
COVENANTS RUN WITH THE LAND
This Agreement shall run with the Site and shall be binding upon Summit, its successors and
assigns.
VII
INCORPORATION OF RECITALS AND EXHIBITS
The Recitals, together with any and all exhibits and/or other attachments hereto, are confirmed
by the Parties as true and correct and incorporated herein by reference as if fully set forth verbatim. The
Recitals, exhibits, and/or other attachments are a substantive, contractual part of this Agreement.
VIII
MISCELLANEOUS
1. Notwithstanding any term or condition to the contrary contained either herein or in the Lease,
the City shall reimburse Summit for its actual Demolition and Abatement Costs in an amount not to exceed
$90,000. Reimbursement by the City shall be in the form of abatement of rent due under the Hangar Lease
approved concurrent with this Agreement. The credit against rent due under the Hangar Lease shall not
exceed $6,000.00 per year. For purposes of this Section, the term “Demolition and Abatement Costs” shall
mean all costs of demolishing the old ramp service building currently upon the Site including, without
limitation, all labor and materials required to demolish the structure upon the Premises and remove the
same from the Site, all hauling and dumping fees related thereto, all costs to remove/abate existence of
asbestos within the said structure, and any required remediation of any asbestos found to exist upon the
Premises. Summit shall provide proof of “Demolition and Abatement Costs” to the City’s Airport
Manager not later than 90 days following demolition of the old hanger service building or said costs shall
not be reimbursed in the manner set forth above.
2. In recognition of the economic loss of the current FBO resulting from the demolition of
the current structure upon the Premises, Summit agrees to enter into an agreement with the current FBO
Page 5 of 9
within 90 days of this Agreement to provide compensation to the FBO as may be mutually agreed to by
both parties. A failure to abide by this provision shall constitute a material breach of this Agreement.
3. The Parties anticipate approval of this Agreement and the Lease will allow Summit to
commence demolition not later than September 1, 2022.
4. Summit shall maintain appropriate insurance coverage for liabilities that may arise from
its activities and the obligations imposed under this Agreement and shall provide proof of coverage to the
City’s Airport Manager upon request.
5. The City’s property shall not be subjected to liens of any nature by reason of Summit’s
activities, including, but not limited to mechanic’s and materialman’s liens. Summit has no authority to
subject the City’s property to any lien or claim of lien.
6. Because of the relationship of this Agreement to the Hangar Lease Agreement (the
“Concurrent Agreement”) approved concurrently with this Agreement, Summit and the City agree that a
breach of any terms or conditions of the Concurrent Agreement shall constitute a breach of this Agreement
and a breach of any of the terms of this Agreement shall constitute a breach of the Concurrent Agreement.
7. Time is of the essence in this Agreement. The failure to promptly assert any rights herein shall
not, however, be a waiver of such rights or a waiver of any existing or subsequent default. To
facilitate execution, this Agreement may be executed in as many counterparts as may be required. It shall
not be necessary that the signature on behalf of the Parties hereto appear on each counterpart. All
counterparts shall collectively constitute a single Agreement.
IX
GOVERNING LAW
The laws of the State of Iowa shall govern this Agreement. Any dispute relating to this Agreement
shall be adjudicated in the Iowa District Court for Story County.
IN WITNESS WHEREOF, the Parties hereto have caused this instrument to be executed as of
the Effective Date.
(SIGNATURE PAGES FOLLOW)
Page 6 of 9
SIGNATURE PAGE OF
DEVELOPMENT AGREEMENT
SUMMIT AVIATION, LLC
By
Name _________________________________________
Title __________________________________________
STATE OF , COUNTY OF , SS:
This record was acknowledged before me on this day of _______________, 202_, by
______________________ as ___________________ for Summit Aviation, LLC.
______________________________________
Notary Public, State of Iowa
My Commission Expires: _________________
Page 7 of 9
ADDITIONAL SIGNATURE PAGE OF
DEVELOPMENT AGREEMENT
CITY OF AMES, IOWA
By:
John Haila, Mayor
Attest by:
Renee Hall, City Clerk
STATE OF IOWA, COUNTY OF STORY, ss:
On this day of , 202_, before me, the undersigned, a Notary Public
in and for said State, personally appeared John Haila, Mayor, and Renee Hall, City Clerk, to me known
to be the identical persons named in and who executed the foregoing instrument, and acknowledged that
they executed the same as their voluntary act and deed.
______________________________________
Notary Public, State of Iowa
My Commission Expires: _________________
Page 8 of 9
EXHIBIT A
DESCRIPTION OF SITE
SUMMIT HANGER BUILDING PERIMETER DESCRIPTION
SUMMIT HANGER BUILDING PERIMETER IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 15, TOWNSHIP 83
NORTH, RANGE 24 WEST, TO THE CITY OF AMES, STORY COUNTY, IOWA, DESCRIBED AS FOLLOWS:
COMMENCING AT THE EAST QUARTER CORNER OF SECTION 15, TOWNSHIP 83 NORTH, RANGE 24 WEST, STORY COUNTY, IOWA:
THENCE S 89°44’02” W, ON THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 15, A DISTANCE 1010.60 FEET; THENCE
S 00°00’00” W, TO A POINT ON THE NORTHEAST CORNER OF SAID BUILDING, BEING THE POINT OF BEGINNING, A DISTANCE OF
457.57 FEET; THENCE S 34°13’05” E, TO A BUILDING CORNER, A DISTANCE OF 129.73 FEET; THENCE S 55°46’55” W, TO A BUILDING
CORNER, 57.66 FEET; THENCE S 34°13’05” E, TO A BUILDING CORNER, A DISTANCE OF 30.72 FEET; THENCE S 55°46’55” W, TO THE
SOUTHWEST CORNER OF SAID BUILDING, A DISTANCE OF 66.34 FEET; THENCE N 34°13’05” W, TO A BUILDING CORNER, A DISTANCE
OF 31.63 FEET; THENCE N 55°46’55” E, TO A BUILDING CORNER, A DISTANCE OF 7.00 FEET; THENCE N 34°13’05” W, TO THE
NORTHWEST BUILDING CORNER, A DISTANCE OF 128.87 FEET; THENCE N 55°48’32” E, A DISTANCE OF 117.00 FEET TO THE POINT
OF BEGINNING.
THE DESCRIBED BOUNDARY CONTAINS 0.39 ACRES (17,225.51 S.F.), MORE OR LESS.
OWNER: CITY OF AMES
Page 9 of 9
EXHIBIT B
PLANS & SPECIFICATIONS
Partial copy of Plan is attached for reference; full copy of Exhibit B is on file with the Department of
Planning and Housing and is dated June 20, 2022.
CITY OF
Smart Choice
June 20, 2022
FOX STRAND
Attn: Jolm Washington
414 S. 17th Unit 107
Ames, IA 50010
RE: Minor Site Development Plan-Summit Hanger-2475 Airport Road-Ames
Airport, Ames, IA, Case File SDP-001424
Dear Jolm:
I am pleased to enclose the approved Minor Site Development Plan for construction of
a new Airport Hanger at the Ames Municipal Airport located at 2475 Airport Road in
Ames. This approval is conditioned on the following:
• That; 1) The FAA's finding of No Hazard to the Airport from their airspace
study (7460 submittals), and 2) That there is an approved developer's agreement
with the City for the construction of the improvements, and 3) That the owner
has an approved land lease with the Airport.
Enclosed is your copy of the approved site plan. This letter constitutes a Certificate of
Compliance with the zoning requirements of the City. Please be aware that any
departure from the approved Minor Site Development Plan, may require a
resubmission and review by the Planning and Housing Department.
If you have any questions about your development, please feel free to contact me at ( 515)
239-5400.
Sincerely, a./
1 kv~ /ltvV~
a~stin ~oore
Planner
Enclosures
Planning and Housing Department 515.239:5400 main 515 Clark Ave. P.O. Box 811
5:15;239.'5404 fax Ames, lA 50()10
www.Cil)iofAmes.org
ITEM #: 31
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: ADDENDUM TO FIXED BASE OPERATOR AGREEMENT
BACKGROUND:
An addendum to the Fixed Base Operator (FBO) agreement (attached) will be needed in
response to a new Summit Ag hangar development at the Airport. Summit is proposing
to build a new hangar where the old “Ramp Service Building” is located just northwest of
the old Terminal Building. The Ramp Service Building will need to be demolished and will
no longer be available to the FBO.
Therefore, the addendum deletes the reference under Section 3, Item E, “Ramp Service
Building”. Also, it adds a paragraph under Section 2 that in the event, the Owner chooses
to extend the agreement after the end of the first 15 years of the agreement, the Owner
will consider all facilities made available to the Operator as well as the financial needs of
the Airport when establishing the fees to be paid to the Owner by the Operator for the
subsequent 15-year period.
ALTERNATIVES:
1. Approve the addendum to the FBO agreement with Charles City Aeronautics, Inc.
d/b/a Central Iowa Air Service.
2. Reject the addendum.
MANAGER’S RECOMMENDED ACTION:
By approving the addendum, the City can move forward with the proposed new private
hangar development at the Airport. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as noted above.
ADDENDUM TO THE
AMES MUNICIPAL AIRPORT
FIXED BASE OPERATOR AGREEMENT
WHEREAS, an agreement was approved by the City of Ames, hereinafter referred to as
“the City”, on June 23, 2022, with Charles City Aeronautics, Inc. d/b/a Central Iowa Air Service,
hereinafter referred to as the “Operator”, to operate the Ames Municipal Airport (“Airport”),
hereinafter referred to as “the FBO Agreement”.
WHEREAS, the FBO agreement lists facilities owned by the City that are made available
to the Operator to fulfill the service requirements of the agreement.
WHEREAS, Summit Agricultural Group, LLC, hereinafter referred to as “Summit”,
desires to desires to construct an airplane hangar and ancillary improvements (collectively, the
“Hangar”) on real property owned by the City.
WHEREAS, the location where Summit has proposed to build their Hangar requires the
demolition of the Ramp Service Building as described in the FBO agreement.
NOW, THEREFORE, in consideration of the loss of the Ramp Service Building, it is
hereby agreed as follows:
That Section 3, Items A to G on page five is stated as follows:
“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)”
Shall be deleted from the FBO agreement and substituted in lieu thereof the following
statement:
“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. 4,600 sq ft Office/Misc Space (Building C – Old Terminal)
F. Fuel Farm – 10,000 gal 100LL, 10,000 gal Jet A (Southeast of Building A)”
Also, Section 2, on page four is stated as follows:
“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.”
Shall be deleted from the FBO agreement and substituted in lieu thereof the following
statement:
“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.
In the event, the Owner chooses to extend the agreement after the end of the first 15 years
of the agreement, the Owner will consider all facilities made available to the Operator as
well as the financial needs of the Airport when establishing the fees to be paid to the Owner
by the Operator for the subsequent 15-year period”
ITEM#: 32
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: NEW LONG-TERM LAND LEASE AT THE AMES MUNICIPAL AIRPORT
BACKGROUND:
A new private hangar development has been proposed by Summit Agricultural Group,
LLC (Summit). To facilitate this new development, the City staff worked with Summit to
draft a long-term land lease. This new lease reflects the City’s standard format for land
lease at the Airport as approved for the other private hangars on July 1, 2022.
There are two adjustments to the standard hangar lease format in response to Summit’s
specific development needs. First, because there will be a mortgage on the
improvements, the City’s standard language under Section 3, “Lessor’s Right to
Terminate.” has been modified to identify the scope of termination to only per FAA
regulatory requirements for the first 20 years (while a lender is involved). After that period,
when the improvements are expected to be paid off, the lease reverts to the standard
language used in all other land leases, which allows termination if reasonable and
necessary for Airport purposes. The second adjustment is that rather than a standard
twenty-five-year lease term, this lease calls for a twenty-five-year initial term with the
possibility to extend for another twenty-five years by mutual agreement. This longer term
is in consideration for Summit investing approximately $4.5 million at the Airport.
The proposed hangar is 17,300 square feet. The City’s current land rental rate at the
airport for FY 2022/23 is $0.35 per square foot. Therefore, the annual lease amount for
the first year will be $6,055. All land leases at the Airport increase annually based on the
5-year Consumer Price Index (CPI-U), which is currently at approximately 2.7%. This
would mean the first five-year lease period for this hangar is as follows:
Fiscal Year Annual Rental Rate*
*Because Summit has upfronted the cost of demolition and asbestos removal for the Ramp Service Building, the
previously approved Development Agreement calls for a $6,000 reduction in the annual rental fee up to the actual cost,
not to exceed fifteen years ($90,000 maximum).
Summit will also be required to make a lease payment for the fuel tank area which in the
first year will be $687. In addition, Summit estimates its annual fuel flowage to be up to
45,000 gallons, which at $0.08/gal would provide $3,600 in flowage fee revenue to the
Airport the year. Summit also has plans to eventually base a third jet in the hangar.
ALTERNATIVES:
1. Approve the long-term land lease with Summit Agricultural Group, LLC for a new
private hangar at the Ames Municipal Airport.
2. Reject the proposed lease.
MANAGER’S RECOMMENDED ACTION:
By approving the land lease, the Airport will see its first new private hangar development
in several decades. It also marks the beginning of those private investment-driven
improvements anticipated by the Airport Master Plan, which are critical for the long-term
financial viability of the Airport. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1, as noted above.
1
CITY OF AMES AND SUMMIT AVIATION, LLC
AIRPORT LEASE AGREEMENT
THIS LEASE AGREEMENT is made and entered into effective the 1st day of July 2022,
by and between the City of Ames, Iowa, a municipal corporation, hereinafter referred to as Lessor,
and Summit Aviation, LLC, hereinafter referred to as Lessee.
Lessor owns and operates an airport within its corporate limits which is known as the Ames
Municipal Airport, which includes certain aeronautical facilities, and is desirous of leasing to Lessee
certain premises on that airport to be more fully described hereinafter, together with the right to use
and enjoy individually and in common with others, the airport facilities.
Lessor and Lessee acknowledge that there is an existing hangar, known as the old ramp
service hangar building, located at 2475 Airport Drive, that the parties contemplate will be
demolished by the Lessee at Lessee’s sole expense, pending an affirmative FAA airspace study.
After demolition of the old ramp service hangar building, Lessor plans to build a new hangar based
on an approved Minor Site Development Plan (Case No. SDP-001424). The parties enter into this
lease agreement understanding that the new facility has not yet been constructed; however, the
parties intend to start the leasing period upon approval of this document and subject the Lessee to
all of the same terms and conditions required by the City of every party leasing hangar space at the
municipal airport and have the initial term retroactive to July 1, 2022.
In consideration of the rents and agreements herein contained, Lessor does hereby lease to
Lessee and Lessee does lease from Lessor the airport hangar area (approximately 17,300 square feet
more or less, hereinafter the “Leased Area”) shown on the graphic description attached as Exhibit
‘A’ upon the following terms and conditions:
1. Initial Term. The initial term of this Lease shall be for a period of five years
commencing on July 1, 2022, and expiring at midnight on June 30, 2027.
2. Extended Terms. The initial term of this Lease may be extended at the option of the
Lessee for nine successive periods of five years upon the same terms and conditions as provided in
this Lease for the initial term, subject, however, to payment of additional rental as hereinafter
provided. The option for each such extended term, shall be exercised by Lessee, if at all, by giving
written notice thereof to Lessor not less than three (3) months prior to the expiration of the then
current term.
3. Lessor’s Right to Terminate. Notwithstanding any other rights of Lessor to terminate
this Lease, Lessor shall have the right to terminate this lease and retake possession of the premises
on not less than 180 days written notice to Lessee when necessary for Lessor's airport purposes, as
may be required by the Federal Aviation Administration (FAA), or any successor thereof, in the first
twenty (20) years of this Agreement.
After twenty (20) years from the date of this Agreement, the Lessor shall have the right to terminate
this Lease and retake possession of the premises on not less than 180 days written notice to Lessee
when reasonable and necessary for any reason related to Lessor's airport purposes, in the sole
2
judgment of the Lessor.
Any termination of this Lease during the initial term or during any extended term shall terminate all
rights of extension hereunder. In the event of termination under this section, Lessee is not entitled to
any payment, refund, or other compensation by Lessor.
4. Rent (Initial Term). The Lessee agrees to pay to the Lessor for the use of said premises
herein mentioned, and for the nonexclusive use of other public airport facilities, including but not
limited to taxiways and runways, an annual rental fee payable in full. The first annual payment is to
be made on the date of the execution of this Agreement, and on each July 1st anniversary date of this
Agreement so long as it shall remain in force. The Lessor agrees that all such yearly rental payments
shall be used in total to support the operating budget of the Ames Municipal Airport during the year
subsequent to each payment. For the Initial Term, the annual rental fee is established according to
the following schedule:
5. Rent (Extended Term). If the Lessee exercises an option to extend the term of this
Lease, the five-year fee schedule shall be adjusted based upon the 60-month change of the Consumer
Price Index for All Urban Consumers (CPI-U): U.S. city average, all items (1982-84=100) as
published by the United States Bureau of Labor Statistics (the “Index”). The Adjustment Factor will
be not less than 1.00 percent. The annual rental rate for each year of the extended term shall be the
amount of the preceding term multiplied by the Adjustment Factor rounded to the nearest dollar.
The Index value published for the month of September (eleven months prior to the beginning
of the extended term) will be the Current Index Value. The Index value for September published 60
months prior will be the Original Index Value. The Adjustment Factor will be the sum of 1.0 and
the Current Index Value less the Original Index Value divided by the Original Index Value divided
by 5. The Annual Rental Rate for each of the five years preceding the extended term shall be
multiplied by the Adjustment Factor and rounded to determine the fee schedule for each of the
successive five years of the extended term.
For example, if the last previous Index value were 274.310 and the Index value 60 months
preceding were 241.428, the formula would be: 1 + (((274.310 – 241.428)/241.428)/5) = 1.027.
Therefore, rounding to the nearest whole dollar, Year 1 of the extended term would be $2,335 x
1.027 = $2,398. Year 2 of the extended term would be $2,398 x 1.027 = $2,463.
6. Utilities. Lessee agrees to furnish and pay for their own heat and all public utilities
including but not limited to gas, water, electricity, and sewage disposal service, if any; and to pay
any and all taxes and/or assessments that may be levied against said premises.
7. Use Limitation. Lessee shall use the leased premises, and the building located thereon,
for the following specified purposes only:
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a. flight training school,
b. aircraft maintenance and repair, with lubricating oil sales,
c. aircraft rental,
d. aircraft hangar space rental,
e. aircraft insurance,
f. aircraft sales and service, and
g. aircraft charter service,
provided that those activities are conducted in accordance with the Operation Standards for Ames
Municipal Airport adopted by Ames City Council Resolution 97-590, November 13, 1997, as the
same may be amended from time to time. Storage of items that are not enumerated above, or of a
non-aviation related nature in the sole judgment of the Lessor, shall be prohibited and shall be
grounds for termination of this Lease by Lessor.
It is further provided that Lessee shall not engage in the storage, sale, or dispensing of any
form of fuel on the leased premises without first entering into an addendum to this Agreement to
establish relevant standards for methods of fuel storage, flowage fees, and other relevant terms and
conditions to protect the public safety, preserve the public property at the airport, and foster adequate
levels of service to aviators using the airport. Violations by Lessee of the fuel storage prohibition
without entering into an addendum to this Agreement with the City regarding the storage, sale and
dispensing of the same, shall be grounds for immediate termination of this Agreement by Lessor.
Lessee may store and dispense fuel on the leased premises only in accordance with both a valid City
Self-Fueling Permit authorizing such activity and a signed Fuel Addendum to this Agreement in a
form approved by Lessor that sets the terms of such activity.
8. Removal of Improvements. Lessee shall retain title to all structures and buildings
placed upon said premises and shall have the right to remove the same upon the termination or
cancellation of this lease. Lessee shall bear the cost of repairing any physical injury caused to the
Leased Area by such removal and shall restore the Leased Area to the condition it existed prior to
making any additions or alterations. All improvements shall be deemed abandoned and shall become
the property of the Lessor if Lessee fails to remove said improvements within 180 days of
termination of this Lease.
9. Lessee/Lessor Obligations. The parties hereto for themselves, their legal
representatives, successors and assigns, further covenant and agree as follows:
a. Lessee agrees to observe and obey during the term of this lease all laws,
ordinances, rules, and regulations promulgated and enforced by Lessor, and
by any other proper authority having jurisdiction over the conduct of
operations at the airport. This includes the Airport Operations Standards
which may be amended from time to time by the City Manager. Lessee
shall apply to the City Building Official for such permits and certificate of
occupancy as may be required for the proposed use of the building on the
leased premises under applicable building code and for prevention code
provisions.
b. So long as Lessee conducts its operations in a fair, reasonable and a
4
workmanlike manner, Lessee shall peaceably have and enjoy the leased
premises, and all the rights and privileges herein granted.
c. Lessee agrees that no signs or advertising matter may be erected without the
consent of Lessor
d. Lessor hereby designates the City Manager as its official representative,
with the full power to represent Lessor in all dealings with Lessee in
connection with the premises herein leased. Lessor may designate by notice
in writing, addressed to Lessee, other representatives from time to time and
such notice shall have the same effect as if included in the terms of this
Agreement.
e. Notice to Lessor as herein provided shall be sufficient if sent by certified
mail, postage prepaid, to the City Manager of the City of Ames at Ames,
Iowa, and notice to Lessee in the same manner, shall likewise be sufficient
if addressed to Lessee at Ames, Iowa, or such other address as may be
designated by Lessee from time to time.
f. Lessee shall keep the premises, as particularly described herein, clean and
shall dispose of all debris and other waste matter which may accumulate,
and shall provide metal containers, with property covers, for waste within
the building or buildings now erected on said premises.
10. Insurance. Lessee shall procure and maintain for the entire duration of the contract
insurance against claims for injuries to persons or damages to property, which may arise from or in
connection with the Lessee’s operation and use of the leased premises. The Lessee shall pay the
entire cost of such insurance.
Coverage shall, in every case, be in the following form and amounts:
General Liability: ISO Commercial General Liability coverage
“occurrence” form CG 00 01, in the amount of $1,000,000 combined single
limit per occurrence of bodily injury, personal or property damage.
Automobile Liability: ISO form number CA00 01-87 covering automobile
liability, Code 1 “Any Auto” in the amount of $500,000 combined single
limit per occurrence for bodily injury, personal injury, and property
damage.
Workers’ Compensation: Statutory as required by the State of Iowa.
To the fullest extent permitted by law, the Lessee shall indemnify and hold harmless the City
of Ames, its agents, servants, and employees against all claims, demands, and judgments made or
recovered against the City for damages to real or tangible personal property, or for bodily injury or
death to any person arising out of, or in connection with, this Lease Agreement, provided that the
damage was due to the recklessness or negligence (in whole or in part) of the Lessee, sublessee, or
5
anyone directly or indirectly employed by or acting on behalf of any one of them. The foregoing
indemnity shall survive the expiration or earlier termination of this Lease Agreement.
Lessee shall furnish the City with certificates of insurance effecting coverage required by
this clause. The certification shall provide for 30 days’ notice of any material change or cancellation
of the policies.
11. Emergency Services. Lessor agrees to extend to Lessee the same fire and police
protection extended to the other tenants and facilities on the airport.
12. Grounds Maintenance. The Lessor agrees to provide mowing of public grounds, during
the growing season as appropriate and to provide snow removal for taxi ways, runways, and public
driveways as required. Any maintenance not assumed by Lessor shall be the responsibility of
Lessee.
13. Termination for Nonpayment. Failure on the part of Lessee to pay the rent hereunder
within thirty (30) days after the same shall become due and Lessee has been advised of said
nonpayment shall authorize Lessor, at its option and without any legal proceedings, to declare this
lease void, cancel the same, and re-enter and take possession of the premises, or, at Lessor's option,
the entire amount of rent, payable hereunder may be declared due and payable at once and action
brought for the recovery of the same.
14. Liens. Lessee shall do all things necessary to prevent the filing of any mechanics’ or
other liens against the Leased Area or any party thereof by reason of work, labor, services, or material
supplied or claimed to have been supplied to Lessee. Lessee shall have no right to mortgage the real
property upon which the Site is located.
15. Surrender of Premises. If Lessee shall violate any of the terms in this lease, or shall
fail to keep any of its covenants after written notice to cease such violation and a reasonable time
thereafter to correct same, Lessor may at once, if it so elects, terminate the same and take possession
of the premises. Upon the termination of this Lease, Lessee shall surrender, yield up and deliver the
Leased Area in good and clean condition, except for the effects of ordinary wear and tear and
depreciation arising from Lapse of time, or damage without fault or liability of Lessee.
16. Lessor’s Right of Entry. Lessor reserves the right to enter upon the premises at any
reasonable time for the purpose of making any inspection it may deem expedient to the property
enforcement of any of the covenants or conditions of this Agreement.
17. Landing Area. Lessor reserves the right to further develop or improve the landing area
of the airport as it sees fit, regardless of the desires or view of Lessee, without any interference or
hindrance. Lessor reserves the right to direct and control all activities of Lessee in connection with
the use of the landing area.
18. Maintenance of Public Areas. Lessor shall maintain all the public-owned facilities of
the airport that are not the subject of this Lease Agreement. Lessor further agrees to perform all
normal maintenance and upkeep on the landing area, and to maintain all publicly owned facilities.
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19. Obstructions. Lessor 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
Lessee from erecting or permitting to be erected, any building or other structure on the airport which,
in the opinion of Lessor, would limit the usefulness of the airport or constitute a hazard to aircraft.
20. Outside Storage. Leased land used for the purpose of parking aircraft must be on paved
surfaces as approved by the Lessor. Outside storage of damaged or salvaged aircraft shall not be
permitted.
21. National Emergencies. During time of war or national emergency, Lessor shall have
the right to lease the landing area or any part thereof to the United States Government for military
or naval use, and, if any such lease is executed, the provisions of this instrument insofar as they are
inconsistent with the provision of the lease to the Government, shall be suspended.
22. Federal Obligations. This lease shall be subordinate to the provisions of any existing
or future agreement between Lessor and the United States, relative to the operation or maintenance
of the airport, the execution of which has been or may be required as a condition precedent to the
expenditure of Federal funds for the development of the airport.
23. Anti-discrimination. The Lessee, in the operation and use or the leased premises, and
the Ames Municipal Airport will not, on the grounds of race, color, or national origin, discriminate
or permit discrimination against any persons or group of persons in any manner prohibited by Part
15 of the Federal Aviation regulations, and Lessor and the United States Government shall have the
right to take such action as the government may direct to enforce this paragraph.
24. Prohibition on Sublease. This lease shall not be assigned, transferred, or subleased--
either in whole or in any part--in any form without the prior written approval of the Lessor. Failure
to seek approval of any sublease shall be grounds for termination of this lease by Lessor. Lessee
shall not enter into any agreement to sublease space at a rate higher than the rate Lessee owes Lessor
under this agreement or any extension thereof. Any proposed sublease shall be in writing and shall
be provided to Lessor for consideration at the time Lessor’s consent is sought.
25. Notices. Unless otherwise required by law, any notice or demand required or permitted
by the terms of this Lease shall be sufficient and deemed complete when expressed in writing and
either (a) personally delivered to the person entitled thereto, or (b) deposited at any office of the
United States Postal Service in the form of certified mail addressed to the last known mailing address
of the person entitled thereto, or (c) served on the person entitled thereto in the manner of an original
notice under the Iowa Rules of Civil Procedure.
26. Rights Cumulative. The various rights, powers, options, elections and remedies of
either party provided in this Lease, shall be construed as cumulative and no one of them as exclusive
of the others, or exclusive of any rights, remedies or priorities allowed either party by law, and shall
in no way affect or impair the right of either party to pursue any other equitable or legal remedy to
which either party may be entitled so long as any default remains in any way unremedied, unsatisfied
or undischarged.
27. Entire Agreement. This instrument constitutes the entire agreement between the parties
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with respect to the subject matter thereof and supersedes all prior statements, representations,
promises and agreements, oral or written. No addition to or change in the terms of this agreement
shall be binding upon the parties unless it is expressed in a writing signed by the parties.
28. Successors Bound. This Lease shall be binding upon and inure to the benefit of the
respective successors and assigns of all parties executing this Lease.
29. Severability. If any part of this Lease shall be adjudged invalid or unenforceable, such
adjudication shall not affect the validity or enforceability of this Lease as a whole or any part thereof
not adjudged invalid or unenforceable.
30. Interpretation. Words and phrases used in this Lease shall be construed as in the single
or plural number, and as masculine, feminine or neuter gender, according to the context. This
agreement shall be governed exclusively by and construed in accordance with the laws of the State
of Iowa. The paragraph headings in this agreement are for convenience only and in no way define
or limit the scope or intent of any provisions of this agreement.
31. Multiple Copies. This Lease may be executed in any number of counterparts, each of
which shall be regarded as an original and all of which shall constitute but one and the same
instrument.
IN WITNESS WHEREOF, the parties have hereunto set their hands and signatures the day
and year first above written.
SUMMIT AVIATION, LLC
Pr i nt ed Na m e and Tit le
Attachment: Exhibit ‘A’ – Plat/Drawing of Leased Area
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Passed and approved on ________________________, 2022, by Resolution No. 22-________
adopted by the City Council of the City of Ames, Iowa.
CITY OF AMES, IOWA
John A. Haila,
Renee Hall
Building Footprint
Fuel Tank Buffer
ITEM #:
DATE: 08-23-2022
COUNCIL ACTION FORM
SUBJECT: REZONE THE PROPERTY WITHIN THE ISU RESEARCH PARK PHASE
III AT 3898 UNIVERSITY BOULEVARD FROM “RI” (RESEARCH PARK
INNOVATION ZONING DISTRICT) WITH A MASTER PLAN TO “RI”
(RESEARCH PARK INNOVATION ZONING DISTRICT) WITH A
REVISED MASTER PLAN FOR HUB AREA
BACKGROUND:
The proposed rezoning is for property in the Iowa State University Research Park Phase
III and proposed for rezoning by the ISU Research Park (as the property owner). Phase
III of the ISU Research Park was created in 2015. It contains approximately 190.5 acres
(Attachment A – Location Map) and is zoned “RI” (Research Park Innovation Zoning
District), a zoning district that was created specifically for the third phase of the Research
Park. The original two phases of the Research Park are zoned Planned Industrial. A
Preliminary Plat for Phase III was approved in July 2015 based upon the approved Master
Plan.
A Master Plan was adopted along with the initial zoning of the area for the purpose
of distinguishing a commercial core area known as the “Hub”, from traditional
industrial uses planned for Phase III. The requested zoning is specifically to amend
the Master Plan’s internal boundaries of the Hub Activity Area. The proposed
changed maintains the RI zoning overall, but the Master Plan change allows for the
Hub Activity Area to expand south, which in turn will allow for expansion of
commercial activities. (Attachment C – Existing & Proposed Zoning).
Ames Fitness Center desires to acquire additional land to enlarge its property to construct
more tennis courts (Attachment A – Location Map). The enlarged property will cross use-
areas of the Master Plan: Ames Fitness Center’s property is currently in the Hub Activity
Area while the planned expansion is within the Research Industrial Area of the Master
Plan. This proposed rezoning will move the whole of the planned Ames Fitness Center
site into the Hub Activity Area in anticipation of future approval of boundary line
adjustment. Future construction of additional tennis courts will be subject to administrative
approval of a Minor Site Development Plan.
Approximately 6 acres in total will change to Hub Activity Area from Research
Industrial. Attachment C depicts the area to be changed. The area of change is
approximately 300 feet to the east of the University Boulevard right-of-way.
A 2.5-acre site was also added to the Research Park in 2019 on S. Riverside Drive. The
site was previously zoned RI, with Phase III. However, the land was not owned by
Research Park and left out of the Master Plan. The proposed Master Plan adds that
acreage to the Research Industrial area (Attachment E) to clarify it is Research Industrial
as intended by the zoning.
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Ames Plan 2040, the City’s comprehensive plan, designates the property as
“Employment” (Emp). Applicable zoning categories for Employment include “RI”. RI
zoning allows for a range of research and manufacturing uses, as well as Recreation
Trade (within the Hub Activity Area only). The RI zone is unique for Ames in that it intends
to create a concentrated activity node known as the Hub Activity Area in support of
industrial uses in the general area. The overall plan for the ISU Research Park integrates
trails and open spaces, tying the original and new phases together with the Hub.
City water, sanitary sewer, and storm sewer will continue to serve this site. Public
infrastructure was funded and constructed by the City as part of the economic
development goals for additional industrial employment opportunities with the expansion
of the ISU Research Park. The Master Plan change will have no impact on existing
infrastructure in the area. Current access from University Boulevard and Collaboration
Place will continue.
The Ames Fitness Center property is within a TIF District that was created by the City to
finance infrastructure construction. When the property lines are moved to encompass the
new tennis courts on the Ames Fitness Center property, the TIF District boundaries will
also need to be modified to maintain tax district consistency with property lines. This future
TIF District boundary change will require Council approval.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission held a public hearing on August 3rd for the
proposed rezoning. Commissioners discussed a wish that no more of the Research
Industrial land be designated to the Hub Activity Area. The Commission voted 5-0-0 to
recommend approval of the rezoning (Commissioners LaPietra and Blickensdorf were
absent).
ALTERNATIVES:
1. The City Council can approve on first reading the request to rezone the property with
the ISU Research Park Phase III at 3898 University Boulevard from “RI” (Research
Park Innovation Zoning District) with a Master Plan to “RI” (Research Park Innovation
Zoning District) with a revised Master Plan.
2. The City Council can deny the request to rezone the property with the ISU Research
Park Phase III at 3898 University Boulevard from “RI” (Research Park Innovation
Zoning District) with a Master Plan to “RI” (Research Park Innovation Zoning District)
with a revised Master Plan.
3. The City Council can refer this matter back to staff and the applicant for more
information before making a recommendation.
CITY MANAGER’S RECOMMENDED ACTION:
The request for rezoning is consistent with the adopted Ames Plan 2040 as described in
the addendum. Impacts on infrastructure and City services for this parcel are minimal and
consistent with what has been anticipated for development in this area. City staff believes
the site can be developed as anticipated by Ames Fitness Center if it is rezoned as “RI”
with a revised Master Plan.
Staff supports the limited expansion of the Hub Activity area to the rear of Ames
Fitness Center as it will continue to allow for viable industrial sites to be platted
and developed along University Boulevard. Approximately 10 acres of industrial
land use designated areas will remain to the south of Ames Fitness Center if the
Hub area expansion is approved. Therefore, it is the recommendation of the City
Manager that the City Council approve Alternative #1.
ADDENDUM
REZONING BACKGROUND:
Ames Plan 2040. The Future Land Use Map designates the land proposed for rezoning
as “Employment” (Emp). This category includes “RI” (among other industrial categories)
(see Attachment B – Future Land Use Map).
The “Employment” (EMP) future land use designation (Ames Plan 2040, p. 63) includes
the goal to “Minimize impact and external effects on City neighborhoods.”
The proposed rezoning will enable Ames Fitness Center to enlarge its tennis courts. All
access to the courts will be through the existing property and parking lot; the proposed
athletic use is the same as that of the existing tennis courts. Any impact on nearby
residential neighborhoods will be minimal.
Proposed Zoning. The applicant proposes rezoning from “RI” (Research Park Innovation
Zoning District) to “RI” (Research Park Innovation Zoning District) with a revised Master
Plan.
The surrounding properties are zoned:
- North: property to the north (also ISU Research Park) is zoned “PI” (Planned
Industrial)
- East the land to the east (across S. Riverside Drive) is zoned
o “S-GA” (Special District – Government/Airport District) for the City Airport,
o “A” (Agricultural), and
o “PI” (Planned Industrial)
- South – The property to the south is outside of the City limits (the County zoning
is A-1, Agricultural).
- West – “A” (Agricultural)
The “RI” zone is intended to support “development of an integrated commercial service
and concentrated employment area to:”
(a) Allow for mixing of use and interaction of people to foster a collaborative
environment;
(b) Create a node of activity and commercial services for the district;
(c) Design development to promote the new innovation district by integrating multi-
modal transportation facilities, intensification of land use, and a wide range of
office and research uses; and
(d) Promote a high level of architectural and site design features that signify the
commitment to innovation and investment through architecture with visual interest
and unique identity, site design incorporating stewardship of natural resources,
district layout and development supporting the pedestrian environment, and green
building techniques demonstrating the commitment to sustainability.
The “node of activity” is the Hub Activity Area, which allows for recreation and restaurant
uses among others.
Development is expected to be auto oriented, with access from major traffic ways.
At the time of a Site Development Plan, a Use Analysis Report will be required showing:
- The approximate number of employees,
- The approximate utility needs, and
- Possible nuisance factors (noise, odor, smoke, dust, fumes, vibration, heat)
Existing Uses of Land. Land uses that occupy the subject property and other
surrounding properties are described in the following table.
Direction from Subject Property Existing Primary Land Uses
Subject Property Office Research
Fitness Center
North Research Park
East Homestead
South Farmland / Undeveloped (Outside of City)
West Agricultural and Farmsteads
Infrastructure. Impacts on infrastructure and City services for this parcel are consistent
with what is already anticipated for the use of the property. Public water is taken from
University Boulevard. Public sewer extends to the northeast corner of the Ames Fitness
Center property. Any future extension of City utilities and connections will be at the
property owner’s expense.
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 Iowa State University Research Park (Rick Sanders,
Director). The rezoning request and statement of justification is included as
Attachment F.
2. Ames Municipal Code Section 29.1507(1) allows the property owner to initiate an
amendment to the Official Zoning Map.
3. The proposed rezoning is consistent with the designation of “Employment” (Emp)
identified on the Ames Plan 2040 Future Land Use Map and the unique purposes of
the RI District for complementary uses supportive other industrial uses. Viable
industrial land will remain to the south along University Boulevard.
4. Development in the “RI” zoning district requires a Site Plan review process to assure
that such development and intensity of use assures a safe, functional, efficient, and
environmentally sound operation.
5. Impacts on infrastructure and City services for this parcel is consistent with what is
already anticipated for the area.
Public Notice. The City provided mailed notice to all property owners within 200 feet of
the subject property prior to the Planning and Zoning Commission meeting in accordance
with the notification requirements of Chapter 29.
ATTACHMENT A
Location Map
ATTACHMENT B
Ames Plan 2040 Future Land Use Map
ATTACHMENT C
Existing & Proposed Zoning
County
ATTACHMENT D
Current Master Plan
ATTACHMENT E
Proposed Master Plan
ATTACHMENT F
Applicant’s Statement
The following text is intended to supplement the Rezoning Application packet as required.
1. Reasons for Requesting Rezoning. See above.
2. Consistency of the Rezoning with Ames Plan 2040. See above.
3. Current Zoning. “RI” (Research Park Innovation Zoning District) with a Master Plan
4. Proposed Zoning. “RI” (Research Park Innovation Zoning District) with a Master Plan
5. Proposed Use. No use change is proposed. The intent is to expand the Ames Fitness
Center property for the construction of new tennis courts.
6. Legal Description.
Part of the Southwest Quarter of Section 15, and part of the North Half of Section 22, all
in Township 83 North, Range 24 West of the 5th P.M., Story County, Iowa, all together
being described as follows: Beginning at the Northwest Corner of said Section 22;
thence N00°04'27"E, 149.78 feet along the West line of said Section 15; thence
S88°36'58"E, 713.46 feet; thence N03°04'35"E, 414.92 feet; thence S87°45'55"E,
585.84 feet; thence S00°11'18"W, 49.93 feet; thence S89°14'47"E, 296.62 feet; thence
N56°46'25"E, 622.15 feet; thence N89°52'19"E, 512.38 feet to the East line of the
Southwest Quarter of said Section 15; thence S00°10'26"W, 843.11 feet to the North
Quarter Corner of said Section 22; thence S00°19'19"E, 1306.65 feet to the Southeast
Corner of the Northeast Quarter of the Northwest Quarter of said Section 22; thence
S00°19'22"E, 1306.65 feet to the Center of said Section 22; thence N89°52'24"W,
2644.20 feet to the West Quarter Corner of said Section 22; thence N00°24'00"W,
1319.09 feet to the Southwest Corner of the Northwest Quarter of the Northwest Quarter
of said Section 22; thence N00°23'42"W, 1319.25 feet to the point of beginning,
containing 190.50 acres.
7. Land Area. 190.5 Acres.
8. Map. See previous attachments.
DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105
Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010
ORDINANCE NO.
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE
MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE
BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON
SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL
CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES
AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND
ESTABLISHING AN EFFECTIVE DATE
BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa;
Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in
Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the
boundaries of the districts established and shown on said Map in the manner authorized by
Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate,
generally located at 3898 University Boulevard, is rezoned with a Revised Master Plan from
Research Park Innovation Zoning District “RI” to Research Park Innovation Zoning District “RI.”
Real Estate Description:
Part of the Southwest Quarter of Section 15, and part of the North Half of Section 22, all in Township 83
North, Range 24 West of the 5th P.M., Story County, Iowa, all together being described as follows:
Beginning at the Northwest Corner of said Section 22; thence N00°04'27"E, 149.78 feet along the West line
of said Section 15; thence S88°36'58"E, 713.46 feet; thence N03°04'35"E, 414.92 feet; thence S87°45'55"E,
585.84 feet; thence S00°11'18"W, 49.93 feet; thence S89°14'47"E, 296.62 feet; thence N56°46'25"E, 622.15
feet; thence N89°52'19"E, 512.38 feet to the East line of the Southwest Quarter of said Section 15; thence
S00°10'26"W, 843.11 feet to the North Quarter Corner of said Section 22; thence S00°19'19"E, 1306.65 feet
to the Southeast Corner of the Northeast Quarter of the Northwest Quarter of said Section 22; thence
S00°19'22"E, 1306.65 feet to the Center of said Section 22; thence N89°52'24"W, 2644.20 feet to the West
Quarter Corner of said Section 22; thence N00°24'00"W, 1319.09 feet to the Southwest Corner of the
Northwest Quarter of the Northwest Quarter of said Section 22; thence N00°23'42"W, 1319.25 feet to the
point of beginning, containing 190.50 acr es.
Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 3: This ordinance is in full force and effect from and after its adoption and
publication as provided by law.
ADOPTED THIS ________ day of _________________________, ______.
________________________________________________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
2
ITEM #: 34
DATE: 08-23-22
COUNCIL ACTION FORM
SUBJECT: HOOVER AVENUE PARKING ORDINANCE
BACKGROUND:
During the public outreach for the pavement improvement project taking place on Hoover
Ave, several public comments were received regarding the parking regulations on Hoover
Avenue. In evaluating these comments, staff found that the main issue is that parking is
allowed on both sides of the roadway from 24th Street to 30th Street, where the pavement
width is only 31 feet. Current standards would allow parking on only one side for a road of
this width.
To address these issues, promote safety, and create consistent parking regulations along
the entire Hoover Avenue corridor, staff has prepared the following proposed parking
restrictions:
• Prohibit parking at all times on the east side of Hoover Avenue from 24th Street to 30th
Street
• Prohibit parking at all times on the east side of Hoover Avenue from Bloomington to
Adams Street.
A map indicating the areas affected is attached. These sections of Hoover Avenue
experience very low on-street parking with the majority of parking typically occurring on the
west side of the roadway.
ALTERNATIVES:
1. Approve on first reading an ordinance that prohibits parking at all times on the east
side of Hoover Avenue from 24th Street to 30th Street and from Bloomington Road to
Adams Street.
2. Make no changes in the parking regulation along Hoover Avenue at this time.
CITY MANAGER’S RECOMMENDED ACTION:
The width of Hoover Avenue, except from 30th Street to Bloomington Road, does not meet
the current standards to allow parking on both sides of the street. After reviewing the
prevailing parking patterns, staff believes the proposed ordinance will improve safety and
traffic flow. Letters have been sent to the affected adjoining properties and no objections
have been received.
Therefore, it is the recommendation of the City Manager that the City Council adopt
alternative No. 1, as described above.
ORDINANCE NO. ___________
AN ORDINANCE TO AMEND THE MUNICIPAL CODE
OF THE CITY OF AMES, IOWA, CHAPTER 18.31,
SECTION (313), FOR THE PURPOSE OF PROHIBITING
PARKING AT ALL TIMES ON CERTAIN SECTIONS OF
HOOVER AVENUE; REPEALING ANY AND ALL
ORDINANCES OR PARTS OF ORDINANCES IN
CONFLICT TO THE EXTENT OF SUCH CONFLICT;
PROVIDING A PENALTY; AND ESTABLISHING AN
EFFECTIVE DATE.
BE IT ENACTED, by the City Council for the City of Ames, Iowa, that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is
hereby amending Chapter 18.31, Section (313) prohibiting parking on Hoover Avenue as follows:
“Sec. 18.31. REGULATIONS FOR SPECIFIC STREETS OR LOCATIONS.
. . .
(313)HOOVER AVENUE.Parking is prohibited at all times on the east side of
Hoover Avenue from Adams Street to Top-O-Hollow Road 24th Street to 30th Street and from
Bloomington Road to Adams Street.”
Section Two. Violation of the provisions of this ordinance shall constitute a municipal
infraction punishable as set out by law.
Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby
repealed to the extent of such conflict, if any.
Section Four. This ordinance shall be in full force and effect from and after its passage
and publication as required by law.
Passed this day of , 2022
___________________________________________________________________
Renee Hall, City Clerk John A. Haila, Mayor
NORTHC
REST PKWY
BARKLEY CT
24TH ST
GRAND AVE
HOOVER AVE
30TH ST
BLOOMINGTON RD
28TH ST
FERNDALE AVE
WHEELER ST
TOP O HOLLOW RD
DAWES DR
EISENHOWER AVE
ADAMS ST
MELROSE AVE
BUCHANAN DR
ROY KEY AVEPOLK DR
JENSEN AVE
JOHNSON ST
NORTHWESTERN AVE
NORTHWOOD DR
FLETCHER BLVD
HAYES AVE
DUFF AVE
MCKINLEY DR
PIERCE AVE
CLARK AVE
GROVE AVE
STONE BROOKE RD
CALHOUN AVE
MONROE DR
TRUMAN PL
BARR DR
JEFFERSON ST
FILLMORE AVE
26TH ST
NIXON AVE
STEVENSON DR
POLARIS DR
25TH ST
ORION DR
TAFT AVE
TRUMAN DR
FURMAN DR
KENNEDY ST
TYLER AVE
LUTHER DR
GARNER AVE
PRAIRIE VIEW EAST
REAGAN DR
JACKSON DR
WHEELER DR
CLINTON CT
WYNGATE DR
KINYON CIR
MCKINLEY CT
EDGEWATER DR
JOY CIR
PIERCE CT
TAFT CT
25TH ST
26TH ST
EISENHOWER AVE
N 1 inch = 750 feet
Date: 7/18/2022
Hoover Avenue Parking Ordinances Existing Prohibited Parking Proposed Prohibited Parking