HomeMy WebLinkAbout~Master - September 13, 2022, Regular Meeting of the Ames City CouncilAMENDED
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL
SEPTEMBER 13, 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 “Harrison Barnes Day,” September 15, 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.
2.Motion approving payment of claims
3.Motion approving Minutes of Special Meeting of August 16, 2022 and Regular Meeting of
August 23, 2022
4.Motion approving Report of Change Orders for period August 16 - 31, 2022
5.Motion certifying Civil Service candidates
6.Motion approving ownership update for Class E Liquor License with Class B Wine Permit,
Class C Beer Permit (carryout beer) and Sunday Sales - Kum & Go #0217, 3111 S Duff
Avenue
7.Motion approving ownership update for Class C Liquor License with Catering Privilege and
Sunday Sales - Hy-Vee # 1 Clubroom, 3800 West Lincoln Way
8.Motion approving the renewal of the following Beer Permits, Wine Permits and Liquor
Licenses:
a.Class E Liquor License with Class B Wine Permit, Class C Beer Permit (carryout beer),
and Sunday Sales - Kum & Go #0217, 3111 S Duff Avenue
b.Class C Liquor License with Catering Privilege and Sunday Sales - Hy-Vee #1 Clubroom,
3800 West Lincoln Way Pending Dram Shop Insurance
c.Class B Liquor License with Outdoor Service and Sunday Sales - The Love Club, 4625
Reliable Street
d.Class C Beer Permit with Class B Wine Permit and Sunday Sales - Dollar General Store
#22303, 3407 Lincoln Way
e.Class C Liquor License with Class B Native Wine Permit, Outdoor Service and Sunday
Sales - AJ’s Ultra Lounge, 2401 Chamberlain Street Pending Dram Shop Insurance
9.Request from Ames High School Homecoming Parade on September 26, 2022:
a.Motion approving Blanket Temporary Obstruction Permit
b.Resolution approving closure of City Parking Lot MM, southern three aisles of City
Parking Lot M, from 5:30 p.m. to 7:15 p.m. for parade staging
c.Resolution approving closure of Pearle Avenue, Burnett Avenue, Kellogg Avenue, and
Clark Avenue (all from Main Street to 5th Street), Main Street from Pearle Avenue to
Duff Avenue, and 5th street from Grand Avenue to Clark Avenue, from 5:30 p.m. to
approximately 7:30 p.m.
d.Resolution approving waiver of parking meter fees and enforcement from 4:00 p.m. to
6:00 p.m. for 55 metered parking spaces in Lot N
10.Motion approving changing vacant Library Assistant position from part-time status (20
hours/week) to full-time status
11.Requests from Iowa State University Department of Landscape Architecture for “Park(ing)
Day” parklet project on September 16, 2022 - September 19, 2022:
a.Motion approving Temporary Obstruction Permit
b.Resolution approving suspension of parking regulations and enforcement
c.Resolution approving waiver of fees for 12 metered parking spaces
Additional Item: Resolution approving appointment to two Boards and Commissions
Additional Item: Resolution approving 28D Agreement with Iowa Department of Homeland
Security and Emergency Management to assist City of Jackson, Mississippi
12.Resolution approving Memorandum of Understanding with IUOE Local 234 for CyRide
Part-Time Driver and Lane Worker hourly wage compensation
13.Resolution approving request to waive enforcement of the prohibition of motorized vehicles
in Ada Hayden Heritage Park for the Ames Triathlon on June 25, 2023 from 5:00 a.m. to
1:00 p.m.
14.Resolution approving contract with Stratus Building Solutions, for Ames City Hall Custodial
Services in the amount of $84,962
15.Resolution to procure the services of Babcock Power Services of Marlborough,
Massachusetts, in the amount of $69,300 to perform the Unit 7 Attemperator Spay Flow
Study
16.Resolution approving preliminary plans and specifications for Ames-Ankeny 161 kV
Transmission Relocation IA DOT 1-35; setting October 13, 2022, as bid due date and
October 25, 2022, as date of public hearing
17.Motion approving partial completion of Public Improvements and Reducing Security for
Birch Meadows Subdivision 1st Addition
18.Resolution approving the procurement of single-source test drilling services, in accordance
with the City’s Purchasing Policies, and award a contract to Cascade Drilling of Flint,
Michigan, PFAS test drilling in the amount of $85,575
19.Resolution accepting completion of Arts Capital Grant with Creative Artists’ Studio of
Ames, Inc. and authorizing payment in the amount of $7,082
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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:
20.City Council can pass the following in relation to the Sands-McDorman property:
a.Resolution directing staff to negotiate a purchase agreement for parcels 1 and 2 of Sands-
McDorman Property (5658 Ontario Street) in the amount not to exceed $1,146,474
b.Resolution approving the submittal of an Iowa Department of Natural Resources (IDNR)
Resource Enhancement and Protection (REAP) grant application in the amount of $200,000
21.Resolution approving an agreement with Cameron Gray to place artwork/free library in
Franklin Park
FLEET & FACILITIES:
22.Resolution approving contract with Chevron Renewable Energy Group to supply 99.9%
biodiesel (B100) for use in the City’s snowplow trucks and the lease or purchase of REG’s
12,000-gallon biodiesel tank
ORDINANCES:
23.Second passage of ordinance prohibiting parking at all times of the east side of Hoover
Avenue from 24th Street to 30th street and from Bloomington Road to Adams Street
24.Second passage on Rezoning, with Master Plan, 3898 University Boulevard from “RI”
(Research Park Innovation Zoning District) to “RI” (Research Park Innovation Zoning
District) with Revised Master Plan
25.Third passage and adoption of ORDINANCE NO. 4477 of Rezoning, with Master Plan, 798
North 500th Avenue from “A” (Agricultural) to “FS-RL” (Floating Suburban Residential Low
Density)
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
ADJOURNMENT:
Please note that this agenda may be changed up to 24 hours before the meeting time as
provided by Section 21.4(2), Code of Iowa.
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MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 16, 2022
The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00
p.m. on the 16th day of August 2022, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Tim Gartin,
Rachel Junck, and Anita Rollins. Council Member Gloria Betcher was brought into the meeting
telephonically. Ex officio Member Bryce Garman was also present.
BICYCLE AND PEDESTRIAN MASTER PLAN PROCESS KICKOFF: Mayor Haila
introduced the Bicycle and Pedestrian Master Plan and the speakers present: John Joiner, Director
of Public Works; Damian Pregitzer, Traffic Engineer; and Adam Wood, Project Manager with
Toole Design.
Engineer Pregitzer stated that the goal of the workshop is to get feedback and direction from the
City Council on the desired outcomes of the plan. He noted that the format of the meeting will
include a high-level orientation on what the scope of the plan looks like. Mr. Pregitzer clarified
that Toole Design completed the Complete Streets Plan for the City of Ames and staff believes
that having Toole Design as the consultant for the Bicycle and Pedestrian Master Plan is a good
progression of the work they have already done for the community.
Council Member Amber Corrieri entered the meeting at 6:03 p.m.
A series of slides were presented to the City Council by Mr. Wood. He highlighted the elements
or the project, discussed the vision and goals, and reviewed the draft engagement plan for feedback.
Mr. Wood emphasized the project parts:
Part 1 – Bicycle and Pedestrian Plan
Task 1: Project Management and Administration
Task 2: Public and Stakeholder Engagement
Task 3: Existing Conditions
Task 4: Network Plan
Task 5: Implementation Strategy
Task 6: Draft and Final Plan
Part 2 – Wayfinding
Task 7: Wayfinding Protocol
Task 8: Prototype Sign Plans
Council Member Beatty-Hansen stated that the public input mechanism seemed mostly focused
on Tasks 1-6 under the Bike and Pedestrian Master Plan. She noted that it would be valuable to
engage citizens in Wayfinding because Ames citizens have some of the best ideas of where tricky
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Wayfinding spots are located. Ms. Beatty-Hansen stated agreement with the goals presented. She
noted that safety and increasing use were two of the top priorities. She asked Mr. Wood to elaborate
on the results of the Cambridge, Mass. goals. Mr. Wood replied that Cambridge, Mass. set goals
in 2015 and made an update in 2020. Though they did not reach the aspirational goal of 10% of
all trips being taken by bicycle, the number of bicycle trips did significantly increase.
Council Member Rollins asked Mr. Wood if Toole Design does work around culture to help the
community get excited about and want to move towards more bike and pedestrian avenues. Mr.
Wood stated that culture fits in the policy and program aspect of the Plan and agreed that culture
is a critical piece. He highlighted previous work that Toole Design completed for San Jose, Cali.,
where they did a broad literature review to understand where community had success in mode shift
and equity, in particular. The findings indicated that the infrastructure has to be out there, but the
strong cultural piece is in getting representation in who is out there biking and walking. Mr. Wood
shared that Toole Design is looking forward to exploring those pieces. Engineer Pregitzer added
that a member of the Toole Design team had success in a previous project working with elementary
schools and younger audiences to start getting comfortable with biking and walking at an early
age. He noted that building off that positive experience will be good for the Plan.
Council Member Gartin acknowledged that staff is not fully starting from scratch and extended his
gratitude to Director Joiner and Engineer Pregitzer for the investment they have made. He noted
that one of the reasons that he ran for the City Council was the bicycle and pedestrian issue. He
stated that it had been a delight to work with Director Joiner and Engineer Pregitzer and to see
their forward thinking, interest in best practices, concern with safety, and their desire to invest in
capital. Mr. Gartin highlighted that about $1.5 million per year is invested into the bike and
pedestrian infrastructure. He stated that one of the things he is particularly interested in is
assistance from Toole Design in thinking through some of the problem areas in Ames as there are
some great components in the bicycle infrastructure in Ames that have challenges with respect to
connectivity. Mr. Gartin also noted that he’s heard from a number of constituents who are
interested in mountain biking, and he wondered if that is something that can be incorporated into
the Plan. He also asked Mr. Wood to send the City Council plans that were established and
successful for other cities similar in size to Ames for the Council Members to consider.
Council Member Junck expanded on what Council Member Gartin said about connectivity, noting
that connectivity, not just within the City of Ames, but within Iowa State University, Story County,
and the whole regional network should be a big goal.
Council Member Beatty-Hansen commented on the funding dedicated to active transportation and
asked if there was advice available in terms of a percentage of the overall transportation system
funding that should be dedicated to it. Mr. Pregitzer explained that one reason the City Council
and staff decided to pursue a Bike and Pedestrian Master Plan outside of the Municipal Planning
Organization (MPO) was that the MPO has a fiscal constraint process which staff believed to
eliminate potential options. With how the Plan is structured, there are no financial constraints, and
the City Council may consider the percentage option that will best work with the budget. Mr. Wood
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elaborated that there is a fundamental relationship between how much is spent and the number of
active trips, which Toole Design can price out.
Council Member Gartin noted that the work for the Plan will be done after the budget cycle. He
stated that the City Council may want to think through if the budget for infrastructure should be
increased in the next Capital Improvement Plan. Mr. Gartin also mentioned that when discussing
bike infrastructure, it is often in terms of the blacktop or concrete, but there is also an important
role for lighting. He discussed lighting that Iowa State University added to Mortensen Road and
noted their vital involvement moving forward with the Plan. Council Member Beatty-Hansen
asked if Iowa State University would be specifically included in the feedback process. Engineer
Pregitzer replied in the affirmative.
Council Member Betcher noted that she heard a lot about bicycle infrastructure and not nearly as
much about pedestrian aspects of the planning process. She stated that the pedestrian infrastructure
would be more challenging as sidewalks are the responsibility of the property owner and hoped
that for the community, recommendations on ways sidewalk infrastructure could be enhanced
would be included. She inquired about the policy review that would take place as part of the Plan
regarding sidewalks and wondered if recommendations would be made for pedestrian sign
protocol as well. Mr. Wood replied that the project team already has some really good data to help
identify where sidewalk gaps are located and prioritizing closing some of those sidewalk gaps is
certainly in the scope of possibility for the Plan. He noted that Ames has a lot of sidewalks relative
to most American cities, and where the challenge will lie is in getting across the street as that is
where the safety concerns are. One of the tasks that will be performed, as explained by Mr. Wood,
is to have an evaluation of intersections to locate the ones that are likely to be less comfortable so
that improvements can be prioritized. He elaborated that the project team will review code
requirements to evaluate in terms of installation and who is responsible for different parts of
infrastructure. He also confirmed that the Wayfinding will include pedestrian use.
Mayor Haila asked for clarification on whether an inventory of the current sidewalk infrastructure
will be included as part of the planning process. Engineer Pregitzer replied that staff has provided
the consultant with planometric data which distinguishes between grass and hard surfaces. Staff
has done this through lidar image so robust GIS data is available for analysis. Mayor Haila inquired
if the project team would identify areas where there aren’t sidewalks and provide a
recommendation on locations where sidewalks should be added. Mr. Wood noted that the data
referenced by Engineer Pregitzer is good quality data in which Toole Design can complete an in-
depth analysis to identify where there are street segments that do not have a sidewalk. He
elaborated that the analysis can be compared with data such as population density and destinations
nearby to identify which segments may be more critical gaps in the network.
Council Member Beatty-Hansen stated that she sees many audience members that have already
provided comments to the City Council on safety elements in different parts of town, sidewalk
health, and Wayfinding. She asked if the project team has a record of those comments. Engineer
Pregitzer stated that there have been three long range plan processes, during which staff hosted an
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“Issues and Visioning” workshops. Those workshops generated a summary of present issues in the
bike and pedestrian network that can be shared with Toole Design for this project. Mr. Pregitzer
highlighted that some of the issues gathered from those workshops have already been completed
in other projects but emphasized that past feedback paired with future feedback on the Plan will
illuminate areas of priority that still need to be fixed. Mr. Wood added that in a previous project
for Iowa State University, Toole Design created an online interactive map and asked community
members to identify barriers, opportunities, and connections they would like to see. He noted that
some of the data from that project would be applicable to the planning process.
Council Member Betcher shared that additional data that was collected by the Community and
Regional Planning Program students that partnered with the City of Ames on community
engagement to locate areas in Ames where people did not feel safe and a report from one of the
Smart Cities classes that looked at safety of some of the intersections are also available for
reference.
Council Member Gartin stated that there were many members present at the meeting from the
Ames Bicycle Coalition and asked Mr. Wood to discuss how Toole Design has worked with
bicycle advocacy groups in other communities. Mr. Wood noted that there are a few different
approaches that Toole Design uses depending on the size and scale of the advocacy group, if there
is more than one advocacy organization, and the overall structure of stakeholder engagement. He
noted that Toole Design wants to get diverse engagement and making sure that they’re receiving
feedback from members of the disability community, AARP organization, and various other
similar organizations. Mr. Wood emphasized that there is a lot of value in having organizations
intermix when providing input to cross-pollinate when sharing concerns and issues because there
tends to be various points of common ground, which is a powerful way of informing the plan and
strengthening the roles of organizations and how they engage with each other.
Mayor Haila asked for clarification on if the Wayfinding is strictly limited to bicycle and
pedestrian travel. Mr. Wood replied in the affirmative. Mayor Haila stated that in his opinion, he
believes that the Ames community suffers from Wayfinding in not just bicycle and pedestrian
travel but as a City in general. He asked that as the Plan moves forward, for the project team to
think to improve that wholistically so that the City is linked together. He also asked for Mr. Wood
to talk about micromobility and how it ties into consideration with the term “bicycle.” Mr. Wood
noted that micromobility is an area of change and innovation, which means that it is difficult to
categorize. He discussed concerns involving micromobility noting that enforcing speed limits on
bicycle lanes is an incredibly difficult challenge. Mr. Pregitzer added that the Ames recreation and
transportation network works for a wide range of speeds and uses, providing an overlap of those
areas. He noted that he’s interested in exploring what thresholds need to exist and managing the
separation between bicycles, pedestrians, and micromobility.
Mayor Haila inquired about recreation and tourism potential and asked if that is woven into the
Plan. Mr. Wood noted that it is an important consideration. He explained that the ability to bike
and walk is an amenity that residents and tourists look for in a community, not only in terms of
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health and recreation but also convenient travel options. Mayor Haila also asked about bike racks,
service areas, and end of trip facilities. Mr. Wood noted that when looking at biking from a
transportation perspective, if community members do not have a safe place to lock their bike, then
they are not going to make the trip. He stated that Toole Design has worked with numerous
communities to identify parking standards for bicycles and can provide basic guidance and
recommendations on that piece as part of the Plan.
The Three Phases of the Public Engagement Process were presented by Mr. Wood and Mr.
Pregitzer, as well as the of the Public Input Outline. They explained the Role and Representation
of the Technical Advisory Committee before reviewing the Purpose, Engagement Period, and
Proposed Representation for the Community Advisory Committee.
Engineer Pregitzer discussed how the Community Advisory Committee would be formed upon
Mayor Haila’s request and Mayor Haila clarified that staff will be the party who ultimately
determines the committee make-up. Mr. Wood added that recruiting will be important and one
potential approach is through sending out an email to an already established email list and
requesting that interested persons fill out a brief survey.
Council Member Corrieri asked if the project team is relying on the Community Advisory
Committee to gather feedback from their constituency groups. Mr. Wood clarified that it is not the
intent. Ms. Corrieri elaborated that some of the hardest populations to meet or to get feedback from
are the more vulnerable populations. With that, she stated that she believes it will be difficult for
persons in those populations to have the time to serve and be able to serve on a committee. She
wondered how to reach those groups of people if there is not necessarily a good conduit through
the Community Advisory Committee. Council Member Rollins furthered that thought and asked
how the project team would think about the language piece and ensure that the members of the
Committee who don’t speak English at home are included in the conversation and an environment
is built where good dialogue can happen. Mr. Wood and Mr. Pregitzer discussed ideas to facilitate
involvement, pointing out that the City of Ames has access to thebigword for interpretation
services and can reference federal guidelines. Mayor Haila noted that the Ames Human Relations
Commission can be a resource as well.
Mayor Haila asked for clarification on the engagement schedule. Mr. Wood discussed the intention
behind the engagement schedule and highlighted the milestones of the draft Plan where the project
team will seek feedback. Mayor Haila emphasized the value of in-person meeting to gather
feedback from the Community Advisory Committee. Mr. Pregitzer explained how the first part of
the Public Engagement process is a collection of experiences to educate the consultant of the
knowledge and concerns within the community, while the latter half of the process goes to taking
that feedback to analyze and put into the Plan.
Mayor Haila noted that the engagement schedule calls for a group bike ride and pop-up event
between the months of November and January and mentioned that he wondered about robust
participation. Mr. Wood noted that when first developing the engagement plan, Toole Design had
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the second phase of engagement primarily online; as discussion furthered, the team wanted to leave
open the possibility to get out into the community. He stated that value comes from those events
through understanding winter maintenance, because if a shift in mode share is desired, facilities
for bicyclists and pedestrians will have to be accessible in the winter.
Council Member Rollins stated that she hopes the engagement events provide the opportunity to
think creatively because some community members aren’t in a position economically to be on
social media or they may not be website savvy, so the pop-up event might be an opportunity to get
in with some of those populations where they are.
Council Member Betcher agreed with Council Member Rollins, noting that the process outlined
seems to be heavily weighted towards virtual and online engagement. She stated that she hopes
more creative ways to bolster the in-person engagement are included for those who are least likely
to provide the input on social media and the website but are most likely to need the sidewalk
connectivity in the community. She asked about how Toole Design is going to measure if they
have succeeded in getting enough participation from those underrepresented groups. Mr. Wood
discussed ways in which Toole Design could collect demographic information during the
engagement process and noted the challenges in getting proportional representation in public
processes.
Council Member Gartin noted that a lot of community members are now using CyRide with th eir
bicycles and wondered if the project team intended to work with CyRide to understand the way in
which CyRide passengers are using bicycles as part of the trip planning process. Mr. Wood
clarified that CyRide staff is represented in the Technical Advisory Committee and discussed
working with CyRide to include the data staff has collected in the data analysis. Council Member
Gartin asked about the Wayfinding portion of the Plan noting that most trip planning is done
electronically on an app and if Wayfinding is limited to just physical signs. Mr. Wood discussed
the methods other cities have taken when it comes to a custom application for mapping. He
highlighted that there is a customer comfort with known apps and he is aware of opportunities to
provide input and edit Google Maps. Director Joiner noted that the City of Ames has a talented
GIS group so mapping is something that staff could potentially work on in-house. Council Member
Gartin agreed and stated that there are many running groups in Ames that would also be able to
provide good data points to offer as they are familiar with the trails.
Council Member Junck inquired about how the size of the Community Advisory Committee was
determined and asked if the proposed representation was attainable, noting that the Supplemental
Input Committee for the Climate Action Plan has 27 members. Mr. Wood noted that the size of
the group is flexible, but the goal is to keep the size manageable so that each member feels like
they are in a body of people trying to work together towards a common goal.
The Touch Points with the City Council were reviewed by Mr. Wood as part of the project
timeframe. Mayor Haila asked when the City Council could expect to receive a summary of the
meeting discussion. Mr. Wood noted that the City Council could expect a summary in the next two
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weeks. Council Member Rollins asked how the budget is incorporated into the plan. Mr. Pregitzer
explained how staff plans to collaborate with Toole Design to communicate the capital budgeting
levels and process.
CHANGE ORDER NO. 1 RELIANT FIRE APPARATUS INC. (PIERCE) IN THE
AMOUNT OF $142,608 TO REFURBISH LADDER TRUCK #3: Assistant City Manager
Brian Phillips reviewed that the City of Ames recently purchased a new tower truck that will serve
as the frontline apparatus, replacing Ladder Truck #3 that has been in operation for two decades.
When the tower truck was purchased, staff sent Ladder Truck #3 to the manufacturer for
refurbishment. $125,000 was included in the Capital Improvement Plan for that refurbishment.
The manufacturer conducted an inspection of the truck and found quite a few components that are
worn and corroded. In order to achieve the goal of returning Ladder Truck #3 to the Fire
Department in a reserve role for another 15 years, staff believes that it is worthwhile to approve
the change order that will add an additional $142,608 to the contract which will allow the
manufacturer to completely dismantle the truck, address the corrosion, fix worn parts, and put the
truck back together, explained Mr. Phillips. The estimated timeframe for the refurbishment is
approximately five months. Mr. Phillips discussed the funding sources to be able to finance the
refurbishment. City Manager Steve Schainker reviewed the normal process to purchase fire trucks
and explained that because of the high cost, the City does not depreciate fire trucks like other
vehicles.
Moved by Junck, seconded by Corrieri, to adopt RESOLUTION NO. 22-462 approving Change
Order No. 1 Reliant Fire Apparatus Inc. (Pierce) in the amount of $142,608 to Refurbish Ladder
Truck #3.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
DISPOSITIONS OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there
were four items to consider. The first item is a concern from Erv Klass regarding a developer’s
request for a Conservation Overlay Waiver within the Ada Hayden Park Watershed. City Manager
Schainker explained that the City Council has already voted to deny the waiver and no action was
required.
Mayor Haila stated that the second item was from Tami Ryan regarding the return of VEISHEA.
He explained that President Wintersteen’s office at Iowa State University had already responded
to the item and no action was taken.
The third item was from Paul Shao regarding a proposal for an American Eagle Memorial honoring
Dan and Susie Zaffarano at Ada Hayden Heritage Park. City Manager Schainker informed the City
Council that Keith Abraham, Director of Parks and Recreation, is following up on the proposal
and no action was taken.
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Mayor Haila noted that the fourth item was from Ames Bicycle Coalition (ABC) Steering
Committee stating support and ideas for the Ames Bike and Pedestrian Master Plan.
Moved by Junck, seconded by Rollins, to provide the letter from Ames Bicycle Coalition to the
Bike/Pedestrian Master Plan project team.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Ex officio Garmin stated that school is starting on Monday for Iowa
State University students. He hoped now that the Local Affairs Committee will be able to meet,
the Committee can move forward with things to do. Mayor Haila replied that the City Council is
looking forward to the joint meeting with Iowa State University Student Government this fall.
Council Member Junck welcomed Iowa State University students back to Ames and hoped that
everyone has a safe and respectful Welcome Weekend.
Council Member Gartin provided a reminder that the City Council will be taking up the location
of the Fitch Family Indoor Aquatic Center on Tuesday, August 23, 2022.
CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason
to go into Closed Session. Mr. Lambert replied in the affirmative, citing Section 21.51 (1)c, Code
of Iowa, to discuss items presently in or threated to be in litigation.
Moved by Corrieri, seconded by Junck, to go into Closed Session.
Roll Call Vote: 6-0. Motion declared carried unanimously.
The City Council entered into a Closed Session at 8:03 p.m. and reconvened in Regular Session at
8:15 p.m.
Moved by Beatty-Hansen, seconded by Corrieri, to authorize the settlement agreement as per the
attached settlement agreement and release document.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ADJOURMENT: Moved by Corrieri, seconded by Junck, to adjourn the meeting at 8:16 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Principal Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 23, 2022
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m.
on the 23rd day of August 2022, in the City Council Chambers in City Hall, 515 Clark Avenue,
pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber
Corrieri, Tim Gartin, and Anita Rollins. Ex officio Member Bryce Garman was also present.
Council Member Junck entered the meeting at 6:01 p.m.
PROCLAMATION FOR “SUICIDE PREVENTION AWARENESS MONTH,”
SEPTEMBER 2022: Mayor Haila proclaimed the month of September 2022, as Suicide
Prevention Awareness Month. Accepting the Proclamation was Julie Saxton, Mental Health
Advocate for the Ames Police Department, and Police Chief Geoff Huff. Ms. Saxton announced
that the Story County Mental Health Expo will be hosted at the Iowa State University Memorial
Union on September 20, 2022, with Lyndsey Fennelly as the keynote speaker. Chief Huff indicated
that August 31, 2022, is National Overdose Awareness Day.
PROCLAMATION FOR “ATTENDANCE AWARENESS MONTH,” SEPTEMBER 2022:
Mayor Haila proclaimed the month of September 2022, as Attendance Awareness Month.
Accepting the Proclamation was Dr. Julious Lawson, Superintendent of the Ames Community
School District, and Mr. Andy Fish, Education Initiative Coordinator with United Way of Story
County.
PROCLAMATION FOR “AMES ART MONTH,” SEPTEMBER 2022: Mayor Haila
proclaimed the month of September 2022, as Ames Art Month. Accepting the Proclamation was
Heather Johnson, Director of the Octagon Center for the Arts, and numerous members from Ames
arts and culture organizations. Ms. Johnson announced that the annual Octagon Arts Festival will
be hosted in Downtown Ames from 10:00 a.m. to 4:00 p.m. on September 25, 2022.
CONSENT AGENDA: Mayor Haila indicated that the City Council was working from an
amended agenda. He stated that Item 12 should read “The Bridge Home and YSS” and Item 14
had been pulled from the agenda per staff’s request as the signed contract had not been received
prior to the start of the meeting.
Moved by Corrieri, seconded by Betcher, to approve the following items on the consent agenda, less
Item 14.
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
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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 NO. 463 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 NO. 464 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 NO. 465 approving City Council DEI Training and Funding from Council
Contingency Account
12. RESOLUTION NO. 466 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 NO. 467 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 NO. 469 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 NO. 470 approving Detour Agreement with Iowa Department of
Transportation (Iowa DOT) for temporary I-35 detour routes during emergency closure
17. RESOLUTION NO. 471 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)
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18. RESOLUTION NO. 472 approving deaccession of “Monolith,” by Timothy Jorgensen, from
City’s Public Art Inventory
19. RESOLUTION NO. 473 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 NO. 474 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 NO. 475 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 NO. 476 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 NO. 477 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
24. RESOLUTION NO. 478 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 NO. 479 approving contract and bond for 2020/21 and 2021/22 Intelligent
Transportation System Program (Phases 1 & 2)
26. RESOLUTION NO. 480 approving contract and bond for Cooling Tower Blowdown Sanitary
Sewer Modifications
27. RESOLUTION NO. 481 approving contract and bond for 2021/22 Shared Use Path System
Expansion
Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened the Public Forum. No one came forward to speak and
Mayor Haila closed the Public Forum.
LOCATION OF THE FITCH FAMILY INDOOR AQUATIC CENTER: City Manager
Steven Schainker stated that presented to the City Council were the major pros and cons for each
of the two potential sites: 122 North Oak Avenue (IDOT site) and 300 South Maple Avenue
(O’Neil Park). He emphasized that it was not an all -inclusive list, nor did he try to prioritize the
pros and cons. City Manager Schainker clarified that any decision to be made by the City Council
was not a final decision on the matter, rather it would direct staff to proceed on a particular path.
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Mayor Haila explained that there would be no Public Input on the Indoor Aquatic Center at the
meeting, though the City Council received many emails and heard from constituents to gather
comments and opinions on the proposed locations.
Council Member Betcher shared her main concerns regarding the proposed locations: 1)
Sustainability and how the project fits with the goal to be a sustainable community; 2) Strong
neighborhoods; 3) Ease of remediation efforts at the IDOT site; 4) Allowing the Reinvestment
District to shape the decision-making process and plans; 5) Unknowns of the O’Neil Park site and
the length of time it would take to complete the project at that site. Ms. Betcher affirmed that she
is more confident now that the Indoor Aquatic Center should be built on the IDOT site rather than
on the O’Neil Park site.
Keith Abraham, Director of Parks and Recreation, was asked by Council Member Gartin to answer
a few questions as he found it important to be on the same page with respect to the level of
contamination on the IDOT site. Director Abraham discussed the contamination, including the
contaminants present, as well as the remediation strategies and the associated costs.
Council Member Gartin thanked Mr. Abraham along with Assistant City Manager Brian Phillips
for the work they have completed for the site analysis. Mr. Gartin emphasized that his biggest
concern was the contamination, citing fear of the unknown risks and long-term effects the
contamination could have on staff and patrons that frequented the facility. He stated his favor for
the O’Neil Park location noting the accessibility to the site by bus and the multi-use trail system
and the likelihood of building the indoor walking track as part of the facility. He urged his fellow
City Council members to consider O’Neil Park as well.
Council Member Rollins stated, after hearing from the experts, it is possible to remediate the
contamination issues and build the Indoor Aquatic Center on the IDOT site. Ms. Rollins expressed
her confidence in the City remediating contamination by citing the Hunziker Youth Sports
Complex. She discussed each site in terms of costs and mentioned that regardless of the location,
there is still a possibility to include an indoor walking track in the facility. Ms. Rollins also
expressed that from the standpoint of equity, she cannot support replacing a neighborhood park in
an area that is one of the few affordable neighborhoods.
Council Member Corrieri thanked Mr. Abraham, Mr. Phillips, and City Manager Schainker for the
work they have put in. She stated that the City Council is at the point of deciding between these
locations not because staff did not do their due diligence, but partially because the IDOT provided
staff with inaccurate information and has been difficult to work with. Ms. Corrieri shared that she
believes that either site would be a great location for the facility, and each would result in a facility
that would be an asset to the entire community. She shared that for her, it really comes down to
timing because for the nine years she has been on the City Council, the replacement to the
Municipal Pool has been in discussion. She stated that because of this her preference was for the
IDOT site, though she will continue to advocate for a top-of-the-line facility.
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Council Member Junck shared her thoughts on the important role the Reinvestment District has
played in the process of planning for an Indoor Aquatic Center to help reduce the burden on the
taxpayer. She stated that out of two bad options, sticking with the IDOT site is the best option. Ms.
Junck noted that she trusts the City can remediate the contamination safely and will have success
in making the site safe for the Indoor Aquatic Center. She further stated that the placement of the
Indoor Aquatic Center on the IDOT site aligns with the Lincoln Way Corridor Plan and will be a
great amenity.
Council Member Beatty-Hansen thanked the community members for providing their input. She
stated that the level of public input shows that the community is passionate about having an Indoor
Aquatic Center and also cares about O’Neil Park. Ms. Beatty-Hansen shared her agreement with
some of Council Member Gartin’s points and believes that the neighborhood would come to love
the facility. She said, however, that she has ultimately come to favor the IDOT site and is sure that
the City is well positioned to successfully mitigate the risks through remediation.
Ex officio Bryce Garman shared it was fascinating to see the number of emails regarding the
decision of where to locate the Indoor Aquatic Center and the level of community involvement to
where residents feel like they can come to the City Council to voice their opinions. He noted that
after reviewing all the materials and listening to the City Council, he does lean more towards the
IDOT site.
Council Member Gartin voiced his concern on how expediency is driving the discussion. As much
as the City Council and the Ames community would like to have an Indoor Aquatic Center rig ht
now, he explained, it must be done right. Mr. Gartin said that as a data-driven city, it is baffling
how the decision comports with that. He stated that time will tell whether or not his fear regarding
the contamination is misplaced, but he channeled the fear of the parents who want a facility that is
safe to take their children to. He worried that the members of the City Council will look back on
this meeting and realize that a hasty decision was made. Mr. Gartin concluded that thankfully there
is a City Council where members can disagree without being disagreeable and he stated his respect
for his fellow members’ decisions.
Council Member Betcher responded to Mr. Gartin noting that she does not fear a reverse
referendum and it is not in her mind that the City Council has to be expedient about the decision.
She said that when looking at the pros and cons of each site, she is not looking at it through a lens
of fear, but rather basing her decision off what the community seems to want. She stated that she
is also trying to trust the experts when it comes to remediation because she knows that brownfield
rehabilitation is one of the best ways to do infill.
Moved by Beatty-Hansen, seconded by Junck, to direct staff to proceed with the IDOT location for
the Fitch Family Indoor Aquatic Center.
Roll Call Vote: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Rollins. Voting Nay:
Gartin. Motion declared carried.
City Manager Schainker shared the next steps in moving forward with the project.
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NORTH DAYTON INDUSTRIAL PARK TIF AGREEMENT: Kelly Diekmann, Planning and
Housing Director, stated that at the April 12th City Council meeting, the City Council directed staff
to prepare a Development Agreement with Dayton Avenue Development, LLC. The proposal that
City Council accepted in April consisted of a subdivision of 13 lots with seven lots being one and
three-acres in size and six lots being between three 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 moved into the preliminary plat stage to put the design
together for that project. The developer has proposed to change the layout of the subdivision to be
amended to five small lots between one and three acres and five large lots between three acres and
11 acres in size. 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. Director Diekmann
stated that 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.
Council Member Betcher asked when the size of small lots versus large lots was determined, what
was the basis for that decision for the RFP. Director Diekmann stated that the original RFP looked
back at how the Ames Community Development Park phases over the last 20 years had been done
through TIF incentives. Staff saw a pattern that the lots less than three acres in size were considered
small lots and some speculative building requirements only apply to the small lots. Mr. Diekmann
noted that overall, 10 acres and under is still relatively small for an industrial lot.
Mayor Haila opened the Public Input and closed it when no one came forward to speak.
Moved by Betcher, seconded by Rollins, to move Option 1: Accept the amended Development
Proposal of five small lots and five large lots with an allowance to enlarge the maximum lot size
to 11 acres.
Vote on Motion: 6-0. Motion declared carried unanimously.
DEVELOPMENT AGREEMENT WITH SUMMIT AVIATION, LLC FOR A NEW
PRIVATE HANGAR AT THE AMES MUNICIPAL AIRPORT: Mayor Haila invited City
Attorney Mark Lambert to announce a clarification on the development agreement and land lease
as it is recorded on the agenda. City Attorney Lambert stated that the agenda lists the development
agreement and land lease as being with Summit Agricultural Group, LLC. He noted that entity was
being dealt with in the arrangement of the documents; however, at the last minute, it was decided
to list the business’ alternate LLC, Summit Aviation, LLC on both documents.
Mayor Haila asked if City Attorney Lambert was comfortable with the City Council taking action
on the item with Summit Aviation, LLC in lieu of Summit Agricultural Group, LLC. Mr. Lambert
replied in the affirmative.
The City was approached by Summit Agricultural Group, LLC (Summit) with a proposal to
construct a new private hangar at the Airport, explained Traffic Engineer Damion Pregitzer. For
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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 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. Mr. Pregitzer
noted that one of the conditional items is that Summit receives a land lease similar to the oth er
private hangar land leases.
Engineer Pregitzer noted that normally, the City would be responsible for clearing the site for
development. 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).
The lease payment will increase by the percentage called for in the Lease Agreement which is
2.7% annually for the first five years, and Mr. Pregitzer elaborated on the positive financial benefit
for the airport.
Council Member Gartin noted that there is a fuel tank area outlined on the site plan and asked if
the hangar will have its own opportunity for refueling. Engineer Pregitzer replied in the affirmative
and noted that it would be similar to the two other hangars on the east side of the facility that have
private fuel storage. Mr. Gartin asked for a reminder on how the fuel works if a hangar is getting
their fuel through the FBO versus supplying their own fuel. Engineer Pregitzer stated that if a
hangar has an exclusive fuel agreement with the FBO, the City of Ames waives the land area that
the tank is on because the FBO under their contract has rights on the airport to sell fuel. If a hangar
chooses a third-party for fuel, explained Mr. Pregitzer, the land lease rate for the footprint of the
hangar is applied to the fire code buffer area of the fuel tank as an additional monthly fee, which
increases annually at the same rate as the land lease. Engineer Pregitzer clarified that Summit
proposed the use of third-party fuel so the additional monthly fee for the fuel tank area will be
applied to their lease. Mayor Haila asked Engineer Pregitzer whether the FBO agreed with the fuel
operation outlined in the development agreement. Engineer Pregitzer discussed the financial
benefits to the FBO including grant opportunities that are reliant on the number of aircraft
supported by the facility.
Mayor Haila declared the Public Input open. The Public Input was closed when no one came
forward to speak.
Council Member Gartin noted that this was an exciting project and when the airport improvements
project went forward, there was the hope that it would be catalytic for future development.
Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 22-482 approving
Development Agreement with Summit Aviation, LLC for a new private hangar at the Ames
Municipal Airport.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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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: An addendum to the Fixed Base Operator
(FBO) agreement is needed in response to the Summit Aviation, LLC hangar development at the
Airport as the Ramp Service Building will need to be demolished and will no longer be available
to the FBO. Engineer Pregitzer noted that the addendum is reflective of the loss of the building to
make the contract with the FBO whole after the new hangar is built.
The Public Input was declared opened and closed by Mayor Haila when no one came forward to
speak.
Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 22-483 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.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON LONG TERM PRIVATE HANGAR LAND LEASE AT AMES
MUNICIPAL AIRPORT: Engineer Pregitzer pointed out that the structure of the lease is
identical to all the other private hangar leases on the Airport except for the Airport’s right to
terminate the lease since Summit will be carrying a mortgage on the project. Mr. Pregitzer clarified
that after the building is paid off and Summit no longer has a mortgage, the language would revert
to the same language that the other leases have.
Council Member Gartin noted that he appreciated the flexibility that staff is allowing for the
financing piece of the project.
Mayor Haila declared the Public Hearing to be open. It was closed when no one came forward to
speak.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 22-468 approving lease for
10, five-year periods with Summit Aviation Group, LLC.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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 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 of the Iowa State University Research Park. 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
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expand south, which in turn will allow for expansion of commercial activities. Planning and Housing
Director Kelly Diekmann explained that the Ames Fitness Center desires to acquire six acres of
additional land to enlarge its property to construct more tennis courts. 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. Director Diekmann stated that staff is in support of
the rezoning because it leaves a significant amount of land along University Boulevard that meets the
intent for industrial and employment expansion in that area.
Director Diekmann clarified that the Ames Fitness Center property is within a TIF District that was
created by the City to finance infrastructure construction. He stated that 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, explained Mr. Diekmann.
Mayor Haila sought clarification on the graphic where it showed the red area of the Ames Fitness
Center expansion but along South Riverside Drive there is a blue rectangle that says “area of
Master Plan Expansion.” He asked if that is also included on the motion. Director Diekmann
replied in the affirmative and explained that the Iowa State University Research Park did not own
the land outlined in blue when the Master Plan was created but has acquired it since and the land
already is zoned as RI.
The Public Hearing was opened and closed by Mayor Haila after no one came forward to speak.
Moved by Betcher, seconded by Rollins, to pass on first reading an ordinance 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.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIRST PASSAGE OF ORDINANCE PROHIBITING PARKING AT ALL TIMES ON THE
EAST SIDE OF HOOVER AVENUE FROM 24TH STREET TO 30TH STREET AND
FROM BLOOMINGTON ROAD TO ADAMS STREET: Mayor Haila opened the Public
Input.
Grant Olsen, 3812 Ontario Street, stated that staff believes the proposed change will “improve safety
and traffic flow.” Mr. Olsen said that there can be improved safety for all modes or improved car
flow; unfortunately, there cannot be both on Hoover Avenue and other streets. He provided an analogy
to think of a street like a drainpipe. He noted that water slows down in a drainpipe when stuff collects
on the side of the pipe. Mr. Olsen explained that if what is on the interior walls of the pipe is removed,
the water will flow faster. Thus, he stated, that if parking is cleared on the side of the street, the cars
will flow faster. If cars flow faster, the conditions for people outside cars are less safe, he said. The
paradox for street design, explained Mr. Olsen, is that when the street feels dangerous it is usually
safer. The odds of a traffic fatality on narrow Main Street are much less than the odds of a death on a
45-mph speed limit section of Duff Avenue, he noted. Mr. Olsen elaborated that if his fourth grader
were walking in a crosswalk and were hit, it is not the screen that the driver is looking at that would
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kill his son; the cause of death would be listed as blunt force trauma. If the goal is safer streets, said
Mr. Olsen, there needs to be slower streets, and to have slower streets, there needs to be the friction
that current parking rules on Hoover Avenue can create. Mr. Olsen encouraged the City Council to
vote for option two.
Mayor Haila closed the Public Input when no one else came forward to speak.
City Manager Schainker explained that when the project for repaving Hoover Avenue was initiated,
it was a request from a neighborhood resident to not allow parking on both sides of the street and staff
agreed with it as the current parking standards mark the street as being too narrow for parking on both
sides.
Council Member Gartin noted that the City Council has voted to change parking on a number of
streets and questioned the rationale for this project. Council Member Beatty-Hansen stated that it
appeared as though parking was allowed on both sides of this particular section of Hoover Avenue
but on the rest of the street it was only allowed on one side. She continued that this proposal is to take
it away from one side of the street on Hoover Avenue so that it matches the rest of the roadway.
Assistant City Manager Brian Phillips replied in the affirmative and explained that when the Public
Works Department began working on the reconstruction, they realized that the width of the street
does not meet the current standards to have parking on both sides of the street, if staff were to build it
brand new today.
Discussion was had on traffic flow in regard to Mr. Olsen’s comment during the Public Input. Council
Member Beatty-Hansen added that it is her preference to limit the amount of available parking to
encourage multi-modal transportation. Council Member Junck replied that taking away parking on
one side of the street may also help increase visibility when crossing Top-O-Hallow Road.
Council Member Betcher asked if the width of the street with parking on both sides allows emergency
vehicles to get through that area easily and noted that had been one of the City Council’s concerns.
City Manager Schainker reiterated that the street does not meet the standard for width to have parking
on both sides with two considerations that factor in being accessibility for emergency vehicles and
snow removal.
Further discussion was had on traffic flow and taking parking away. Council Member Gartin added
that parking is an important aspect of a person’s home and people in this area of town may be
dependent upon the availability of street parking if they do not have a garage.
Moved by Beatty-Hansen, seconded by Junck, to pass on first reading an ordinance on prohibiting
parking at all times on the east side of Hoover Avenue from 24th Street to 30th Street and from
Bloomington Road to Adams Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
SECOND PASSAGE OF REZONING, WITH MASTER PLAN, 798 NORTH 500TH
AVENUE FROM “A” (AGRICULTURAL) TO “FS-RL” (FLOATING SUBURBAN
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RESIDENTIAL LOW DENSITY): Moved by Betcher, seconded by Junck, to pass on second
reading an ordinance on the Rezoning, with Master Plan, 798 North 500th Avenue from “A”
(Agricultural) to “FS-RL” (Floating Suburban Residential Low Density).
Roll Call Vote: 6-0. Motion declared carried unanimously.
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: Moved by Beatty-Hansen, seconded by Junck, to pass on
third reading and adopt ORDINANCE NO. 4476 approving Zoning Text Amendment, as amended,
to Reduce Medical Parking Rates for buildings fewer than 50,000 square feet and update Medical
Office Definitions.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
two items to consider. The first item was a letter from Dylan Kline, Director of Business
Development for the Ames Economic Development Commission, with respect to Façade Grants
being tied to tax abatement.
Moved by Junck, seconded by Corrieri, to ask staff for a memo providing background on the
Downtown Tax Abatement.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mayor Haila stated that the second item was an email from Roxanne Dass-Strike regarding the
availability of affordable housing in Ames.
Moved by Rollins, seconded by Betcher, to refer this item to staff to provide a response that
includes what staff can say about the current state of affordable housing in Ames and also include
the things that will be coming forward.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Council Member Rollins stated that she is anxious to hear about
Welcome Weekend and noted that it appeared initially that some strategies were successful.
Council Member Gartin presented a proposal regarding the position of the Diversity, Equity, and
Inclusion (DEI) Coordinator. He discussed the success of the position of Anderson Sainci with the
City of Dubuque, Iowa and whether elements of his position as the Director of the Office of Shared
Prosperity and Neighborhood Support would be applicable to the position of DEI Coordinator.
Moved by Gartin, seconded by Junck, to reach out to Director Sainci with the City of Dubuque
and schedule a compatible time to learn more about his position, and determine whether there
would be interest from Council to clarify the DEI Coordinator role.
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Discussion was had as to the timing of posting the position and the scope of the role for the DEI
Coordinator. Council Member Gartin clarified that the reason for his motion was to create a
broader mission for the position of DEI Coordinator because there are community members who
are struggling financially.
Council Member Gartin withdrew the motion.
Moved by Gartin, seconded by Corrieri, to hold off posting the DEI position and the subject of the
job description for the DEI coordinator placed on a future agenda so that position may be clarified
in light of community outreach efforts.
There was discussion regarding staff duties and the role of the City Council in establishing policy
with Council Member Betcher noting that she believed this topic would be better addressed in the
City Council’s Goal Update with concern that the issue goes beyond having a job description
tweaked.
Council Member Gartin shared his care for all of the Ames Community regardless of their
economic status and withdrew the motion.
Mayor Haila noted that all of the City Council cares about those needs and he thinks that the
members are trying to delve into the policy aspect.
Council Member Betcher shared that herself and Council Member Rollins had the opportunity to
attend the Iowa Arts Summit and gathered ideas for how the arts can be used as part of economic
development. She stated that she looks forward to sharing those ideas more broadly with the City
Council in the future.
Mayor Haila welcomed back all of the students. He announced the start of Ames Community
School District classes and congratulated the District on the impressive new facility they have built
for Ames High School. He stated that a ribbon cutting and tours would be held at Ames High
School on Saturday, August 27th starting at 11:30 a.m.
ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 8:04 p.m.
Vote on Motion: 6-0. Motion carried unanimously.
__________________________________ ____________________________________
Carly M. Watson, Principal Clerk John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
REPORT OF
CONTRACT CHANGE ORDERS
Department
General Description
of Contract
Contract
Change
No.
Original Contract
Amount Contractor/ Vendor
Total of Prior
Change Orders
Amount this
Change Order
Change
Approved By
Purchasing
Contact
(Buyer)
Public Works 2021/22 Pavement
Restoration (Slurry Seal)
1 $255,733.75 Fort Dodge Ashphalt Co $0.00 $-(44,030.48) B. Phillips AM
Water &
Pollution
Control
WPC Sludge Pumping
Building Improvement
Project
4 $369,700.00 Woodruff Construction $3,496.80 $4,829.44 J. Dunn AM
$ $ $
$ $ $
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: August 2022
For City Council Date: September 13, 2022
Item No. 4
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Item No. 6
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Item No. 7
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Smart Choice
515.239.5133 non-emergency
515.239.5130 Administration
515.239.5429 fax
515 Clark Ave. P.O. Box 811
Ames, IA 50010
www.CityofAmes.org
Police Department
MEMO
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: August 29, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for September 13th, 2022, includes beer permits and liquor license
renewals for:
•Kum & Go #0217 (3111 S Duff Ave) - Class E Liquor License with Class B Wine Permit,
Class C Beer Permit (carryout beer) and Sunday Sales
•Hy-Vee # Clubroom (3800 West Lincoln Way) - Class C Liquor License with Catering
Privilege and Sunday Sales
•The Love Club (4625 Reliable St) - Class B Liquor License with Outdoor Service &
Sunday Sales
•Dollar General Store (3407 Lincoln Way) - Class C Beer Permit with Class B Wine Permit
& Sunday Sales
A review of police records for the past 12 months found no liquor law violations for the
above locations. The Ames Police Department recommends the license renewal for the
above businesses.
Item No. 8
Smart Choice
515.239.5133 non-emergency
Administration
fax
515 Clark Ave. P.O. Box 811
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: August 29, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for September 13th, 2022, includes beer permits and liquor license
renewals for:
•AJ’s Ultra Lounge (2401 Chamberlain St) - Class C Liquor License with Class B Native
Wine Permit, Outdoor Service & Sunday Sales
A review of police records for the past 12 months found 11 liquor law violations. 11
individuals were cited for being underage on premise, and 8 of those individuals were in
possession of a fake ID.
The Police Department will continue to monitor the above location by conducting regular
foot patrols, bar checks and by educating the bar staff through training and quarterly
meetings. The Ames Police Department recommends license renewal for the above
business.
Item No. 8e
1
ITEM# 9
DATE: 09/13/22
COUNCIL ACTION FORM
SUBJECT: AMES HIGH SCHOOL HOMECOMING REQUESTS
BACKGROUND:
Ames High School has requested to hold its Homecoming Parade on Monday, September
26, 2022. Parade entries will stage in Parking Lots MM and M and on Pearle Street. The
parade will start on Main Street west of Clark Avenue and proceed east past Douglas
Avenue to the CBD Lot entrance. The parade entries will disperse from the CBD Parking
Lot. The parade will begin at 6:30 p.m. and last approximately 45 to 60 minutes. To help
facilitate this event, the Homecoming Committee asks that the City Council approve the
following closures:
• Fifth Street from Grand Avenue to Pearle Avenue, Pearle Avenue, Main Street from
Pearle Avenue to Duff Avenue, Clark Avenue from north of the CBD lot exit to Fifth
Street, Burnett Avenue from Main Street to Fifth Street, and Kellogg Avenue from
north of the CBD lot exit to Main Street, from 5:30 to approximately 7:30 p.m.
• City Parking Lot MM, the southern three aisles of Lot M, and a portion of CBD Lot Z
from 5:30 p.m. to 7:15 p.m. for parade staging and disassembly (No reserved spaces
would be affected).
• Closure of metered parking spaces along the parade route from 1:00 p.m. to 8:00
p.m. and waiver of fees (approximately $750 loss to the Parking Fund).
City employees will be notified of the Lot M closure . Official vehicles parked in the
northernmost stalls will not be affected. Barricades, staffed by adult volunteers, will be
placed on streets along this route for traffic control purposes.
Organizers have consulted with Ames Main Street regarding the event. Staff also advised
the organizers to notify affected businesses along the parade route.
In addition to the requests from the organizers, City staff is requesting that the City
Council grant a waiver of parking meter fees and enforcement from 4:00 p.m. to
6:00 p.m. on September 26 for the 26 metered parking spaces in Lot N, north of City
Hall. There are several fitness classes in the Community Center during evenings, and
attendees normally park in Lot M or in metered spaces on Fifth Street. City staff would
like to provide free parking in Lot N for those participants in the fitness classes
who are displaced by parade closures. The loss of revenue to the Parking Fund for
this request is $13.
2
ALTERNATIVES:
1. Approve the requests from the Ames High Homecoming Committee for street
closures in connection with the parade to be held on September 26, 2022; and
waiver of meter fees and enforcement in Lot N from 4:00 to 6:00 p.m. on
September 26.
2. Do not approve these requests.
CITY MANAGER'S RECOMMENDED ACTION:
The Ames High Homecoming Parade is a long-standing Ames tradition in the Downtown.
The event has been successfully carried out, and it contributes to the vibrancy of the
Downtown area.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # ____10___
DATE 09-13-22
COUNCIL ACTION FORM
SUBJECT: REQUEST TO CHANGE VACANT ADULT SERVICES LIBRARY
ASSISTANT POSITION (20 HRS/ WEEK) TO FULL-TIME STATUS
BACKGROUND:
The Library has been conducting a data analysis on staffing needs. Through this
analysis, it has been identified that managerial level staff are spending approximately
half of their time serving the Adult and Youth Services desks leaving them short on time
to carry out other administrative responsibilities. It is a high priority to ensure adequate
coverage and customer service at the Adult and Youth Services desks, and one cost
effective way to address this is by utilizing Library Assistants.
Currently, there is a part-time (20 hours/week) Adult Services Library Assistant position
vacancy budgeted at $44,820. The Library Director has proposed expanding this
position from part-time to full time status (40 hours/week) to help address the necessary
public service desk hours and better meet customer service needs. This expansion
would require an additional $44,820 in personnel costs for a total of $89,640. The
Library can accommodate this additional cost within the current fiscal year
budget by reallocating funds from two part-time Library Aide positions totaling
$14,737 and assigning 3 intern positions to APL Friends Foundation in the
amount of $30,302 for a total of $45,039.
ALTERNATIVES:
1. Approve changing the vacant part-time (20hrs/ week) Adult Services Library
Assistant position to full-time status.
2. Do not approve the request at this time.
CITY MANAGER’S RECOMMENDED ACTION:
The Library has been conducting data analysis on staffing needs to provide adequate
desk coverage and customer service and is working with the Library Board of Trustees,
the City Manager’s Office, and Human Resources in exploring options. By reallocating
funds from other part-time staffing positions and assigning intern positions to APL
Friends Foundations funding the Library can accommodate this position increase within
its existing budget allocation.
2
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # __11___
DATE 09-13-22
COUNCIL ACTION FORM
SUBJECT: REQUESTS FOR PARK(ING) DAY
BACKGROUND:
Park(ing) Day is an event held in cities across the world on the third Friday of
September; on this day, participants repurpose metered parking spaces into public
gathering spaces using parklets. The parklets are assembled, enjoyed by the public,
and disassembled in one day. Faculty from the Iowa State University Department of
Landscape Architecture plan to implement a class project related to Park(ing) Day,
beginning on Friday, September 16, and concluding Monday, September 19.
This event was successfully held in the Downtown as part of the same class last year
but was limited to one day in duration. The event has been extended through the
weekend this year to provide more opportunity for the parklets to be interacted with prior
to their disassembly.
Students in the Landscape Architecture 301: Site Design II class will be organized into
six groups. Each group will be assigned a location in the Downtown consisting of two
metered parking spaces (one for the parklet itself and one for equipment and supplies
required during the assembly process). The proposed locations are indicated in detail
on the attached map.
The groups will prepare designs and present them to a panel of Landscape Architecture
practitioners for feedback. The students have met with representatives from each of the
businesses adjacent the closed parking spaces. T he parklet designs will be presented
to a panel of the adjacent business owners and City staff from Public Works and
Inspections. City staff’s feedback will focus primarily on traffic safety, stormwater flow at
the curb and gutter, and construction integrity/safety.
To facilitate this project, organizers have requested a suspension of parking regulations
and enforcement and waiver of fees for 12 metered parking spaces in the Downtown on
September 16 and 17 (estimated $30 loss to the Parking Fund). A Temporary
Obstruction Permit will also be issued.
2
ALTERNATIVES:
1. Approve the requests for a Temporary Obstruction Permit, suspension of parking
regulations and enforcement and waiver of fees for 12 metered parking spaces.
2. Approve the requests, but require reimbursement for lost parking meter revenue.
3. Do not approve the requests.
CITY MANAGER’S RECOMMENDED ACTION:
The City has previously hosted parklets designed by ISU studen ts in Downtown and
Campustown over a multiple-week display period. These were safe and successful
efforts that added to the vibrancy of the community. The proposed project is limited to
one day in scope, and will encourage collaboration between students, City staff, and the
adjacent businesses whose patrons will have the opportunity to appreciate the
temporary parklet spaces.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
September 6, 2022
Dear Ames City Council Members,
My name is Hans Klein-Hewett; I’m an Assistant Professor of Landscape Architecture at ISU.
On behalf of my co-instructor, Associate Professor Julie Stevens, I am writing to request
support from the City Council for our Park(ing) Day project that is going on this month.
Park(ing) Day is an international event where small parks (parklets) are built in a parking space
to highlight the importance of designed pedestrian spaces and encourage people to consider the
extent to which vehicles control our lives. The small act of building a tiny, temporary park in a
parking space helps people recognize the importance of high quality human-designed spaces,
especially in urban settings.
Last September, our third-year landscape architecture class partnered with six downtown Ames
businesses and organizations. The businesses were the students’ clients and inspirations and the
parklets were extensions of that business into the street. The event, held on one day, was a huge
success. Dog-Eared Books even requested that we keep the parklet into the early evening so
their book club could meet outside.
This year, we are excited to partner with downtown Ames businesses again! This year’s client
list includes the Ames Public Library, Ames History Museum, Octagon Center for the Arts,
Dog-Eared Books, The Knittery Nook, and Little Woods: Herbs and Teas.
One big change is proposed, however. In the past, Park(ing) Day was just that: one day. This
year, at the request of our professional society, the American Society of Landscape Architects,
we are proposing a Park(ing) Weekend. The idea is to erect the parklets on the morning of
Friday, September 16, leave them up through the weekend, and take them down on Monday
afternoon, September 19.
The parklet projects are funded by the Iowa Chapter of the American Society of Landscape
Architecture, which has generously given each team $500 for materials. This helps ensure that
the projects can be crafted from high-quality materials. We are working with city staff, our
business/organization clients, and local landscape architecture practitioners to review the
parklet designs this coming Friday, September 9. We have also been working closely with
Ames Main Street to help coordinate the effort and bring publicity to the project. A letter of
support from them is attached.
To accomplish this project, however, we understand that we need approval from the City
Council to occupy the space and, perhaps more importantly, to not charge any parking fees for
the duration of the event. We will have six teams of students, and each team is given two
parking spaces (we leave a 4’ buffer between the parklet and any adjacent parking stall to allow
the vehicles to easily enter and to ensure that if any piece of the parklet falls over, it won’t
damage any vehicles). That means twelve parking spaces will be in use from Friday morning,
September 16 to Monday afternoon, September 19. A map is attached that shows the locations
of our partner businesses/organizations and the proposed parking stalls that we would need for
the event. Please note that the location of some parklets had to be shifted due to the locations of
bump-outs and handicap parking stalls.
Please let me know if there are any concerns with the project and if you’d be willing to waive
the parking fees for those days.
If there are questions, I encourage you to give me a call at (712) 310-2557. I’d also be happy to
attend an upcoming City Council meeting to answer any questions you may have.
Thank you,
Hans Klein-Hewett, PLA, ASLA
Assistant Professor of Landscape Architecture
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304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org
August 24, 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 would like to give it’s support to the parking spot closures necessary for
Park(ing) Day, hosted by the Iowa State University Landscape Architecture program on
September 16-18, 2022.
Events of this nature help Ames Main Street achieve its vision of making Downtown Ames 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
Caring People Quality Programs Exceptional Service
515.239.5105 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
Mayor’s Office
MEMO
TO: Members of the City Council
FROM: John A. Haila, Mayor
DATE: September 13, 2022
SUBJECT: Appointments to City Boards and Commissions
Given current vacancies on City Boards and Commissions, I am recommending
two mid-year appointments. For the Public Art Commission, which has six
vacancies, I propose Mohammad Rashid Mohammad Shoaib to be appointed.
For the Property Maintenance Appeals Board, which has one vacancy, I propose
Preston Kohlhaas to be appointed.
Should you have any questions on either of the applicants, please let me know.
Renee Hall also has the applications on file should you wish to review them.
JAH/rh
1
ITEM #: _Additional Item_
DATE: 9-13-22
COUNCIL ACTION FORM
SUBJECT: 28D AGREEMENT WITH IOWA DEPARTMENT OF IOWA HOMELAND
SECURITY AND EMERGENCY MANAGEMENT TO ASSIST CITY OF
JACKSON, MISSISSIPPI
BACKGROUND:
The city of Jackson, Mississippi, experienced severe flooding last month, which crippled
their water system. Their two water treatment facilities are only partially operational at
this time, and both plants are extremely understaffed. The Mississippi Emergency
Management Agency is requesting assistance with staffing augmentation of the 24 -hour
operations of both plants. A portion of their request is 11 general maintenance workers
to be deployed from September 19th through October 3rd, 2022. Restoring this critical
infrastructure is pivotal to fully restore a supply of clean water to the city of Jackson,
Mississippi. The Water and Pollution Control Department has a Water Treatment
Plant Operator who has volunteered to assist in their recovery efforts.
The Iowa Department of Iowa Homeland Security & Emergency Management (HSEMD),
coordinates activities in the Interstate Emergency Management Assistance Compact
(EMAC) for the State of Iowa. EMAC is the interstate mutual aid agreement to which
most states belong that allows states to assist each other in times of disaster. When any
member state’s Governor declares a disaster, other member states may agree to provide
assistance in the form of personnel or other resources.
For local government employees to participate, a 28D Intergovernmental Agreement must
be executed for each individual City employee participating in the EMAC response effort.
Iowa Code Chapter 28D authorizes the interchange of personnel between and among
governmental agencies at the same or different levels of government. If deployed, the
operator would remain an employee of the City of Ames and would continue to
receive all benefits and compensation (including workers’ compensation
coverage) as if working at the Ames Water Plant. The only change in employment
status is that the supervision of their specific daily duties will be managed through
the EMAC agreement. The City will be reimbursed for all costs associated with the
deployment including compensation and any overtime pay, benefits, travel,
lodging, equipment, and other expenses (subject to any limitations applicable to
the employee under the City’s existing policies)
The initial deployment would be for a maximum of 15 days and cannot be extended
without the City’s concurrence. City staff is still receiving information about the request
from the EMAC Coordinator in order to finalize the Agreement, but the nearly completed
Agreement is attached. City Legal staff has reviewed the agreement form as submitted
to the City.
2
ALTERNATIVES:
1. Approve the 28D Intergovernmental Agreement between the Iowa Department of
Iowa Homeland Security and Emergency Management and the City of Ames for
the deployment of one Ames Water Plant operator to assist with restoration of
water service in the city of Jackson, Mississippi.
2. Do not approve the 28D Intergovernmental Agreement at this time.
CITY MANAGER’S RECOMMENDED ACTION:
The city of Jackson, Mississippi, experienced severe flooding last month, significantly
impacting their water system. The Mississippi Emergency Management Agency is
requesting assistance with staffing augmentation at both plants, and the City of Ames
Water Plant has one operator willing to join a two-week deployment. This deployment is
governed by a 28D Intergovernmental Agreement between the Iowa Department of Iowa
Homeland Security and Emergency Management and the City of Ames. The City has
benefited from mutual aid requests of our own in past emergency situations.
It is important to note that the Water Plant is currently at full staff, an important
consideration when deciding whether the City can accommodate such a request.
The operator who has volunteered is currently on a “maintenance” shift rotation,
meaning there would be no disruption to the regular operations schedule and no
other employee would need to cover their operating shifts. And the short-term (15
days) nature of the deployment would result in minimal overall disruption overall
to the Water Plant.
With those considerations in mind, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1, as described above.
EMAC SOPs ATTACHMENT C
28D INTERGOVERNMENTAL AGREEMENT
Between
Iowa Department of Iowa Homeland Security and Emergency Management
7900 Hickman Road, Suite 500
Windsor Heights, IA 50324
Contact Person: Blake DeRouchey
PH: 515-725-3231
Email: blake.derouchey@iowa.gov
AND
The City of Ames
515 Clark Ave
Ames, IA 50010
_____________________________________________________
_____________________________________________________
Contact Person: Lyle Hammes
PH: 515/239-5150
Email: lyle.hammes@cityofames.org
INTRODUCTION:
The Iowa Department of Homeland Security & Emergency Management (HSEMD), pursuant to
Iowa Code section 29C.8 and Iowa Code section 29C.21, the "Interstate Emergency Management
Assistance Compact" [EMAC) coordinates emergency management and interstate mutual aid for
the State of Iowa. EMAC is the interstate mutual aid agreement to which most states belong that
allows states to assist each other in times of disaster. When any member state's Governor declares a
disaster or when a disaster is imminent, other member states may agree to provide assistance in
response to requests from the impacted state(s). The assistance from other member states may be in
the form of personnel and/or other resources.
Currently, EMAC has been implemented on a major scale in response to flooding in Jackson,
Mississippi. In response to pending EMAC requests, HSEMD has identified a qualified general
maintenance worker who is available to deploy and has agreed to assist with the response and
recovery missions in Jackson, Mississippi. Work conditions may be substandard with extended
hours (12 to 16 hour days) during the week, weekends and holidays. In some instances, general
maintenance workers must be prepared to be self-sustained for several days.
This intergovernmental agreement must be executed each individual county or city employee
participating in the EMAC response effort.
EMAC SOPs ATTACHMENT C
TERMS AND CONDITIONS:
Authority: Pursuant to Iowa Code chapter 28D, HSEMD and City of Ames establish this
intergovernmental agreement for an exchange of personnel.
Identity/duration: Gered Burkhardt, who is currently employed as a Water Plant Operator by the
City of Ames, Iowa, has agreed to assist HSEMD in with the EMAC mission described above. The
period of deployment will commence on September 19th, 2022, and end on or before October 10th,
2022. (As reimbursement is based on actual costs incurred, allow several days at the end of the
deployment period to allow for extenuating circumstances.) No extensions of time will be granted
without written approval of the county or city.
Employee status: During the period of deployment, Gered Burkhardt shall remain on detail as an
employee of the City of Ames, and shall only be considered on detail as an agent or employee of the
State of Iowa as may be deemed necessary or required for purposes of the EMAC deployment as
assigned by HSEMD under EMAC. The employee will continue to be paid by his/her county/city
employer, will continue to receive the same benefits as if working at his/her home station, and will
carry with him/her all the workers' compensation and death benefits as if working at his/her home
station. HSEMD assumes no responsibility for this county/city employee other than the obligation
to coordinate activities through EMAC and to process expense reports through the EMAC
reimbursement process. The employer or employee, in consultation with HSEMD, shall make all
necessary logistical arrangements, including travel, lodging, per diem expenses and other necessary
miscellaneous expenses.
Equipment: Limited resources are available in the affected area. Pending EMAC assistance
requests assume that law enforcement officers deployed under EMAC will provide patrol cars and
necessary personal equipment to perform law enforcement functions.
Logistics: The employee will report to the __________________________upon arrival and
perform duties as assigned. The EMAC A-Team will provide emergency contact information for the
employee to HSEMD and the employee will provide contact information and progress reports on
their service throughout the period of deployment. This contact information will be available to the
county/city upon request.
Reimbursement: Cost estimate - $ _22,622.28__ the amount provided above is an estimate only.
The final amount could be higher or lower depending upon extenuating circumstances.
Reimbursement will be based upon actual reasonable costs.
Within 15 days of the termination of this deployment the City of Ames shall complete and submit to
HSEMD a request for reimbursement of costs incurred by the county/city in connection with this
deployment, using EMAC Form R-2, a copy of which is attached to this agreement.
Reimbursement may be sought for actual costs incurred by the county / city, including:
compensation (including overtime pay); benefits; travel, lodging, and expenses (subject to any
limitations applicable to the employee under the County's/City's existing policies); government
EMAC SOPs ATTACHMENT C
vehicle costs; and equipment costs (including any loss or damage to or expense incurred in the
operation of equipment).
HSEMD shall be responsible for requesting reimbursement for these expenses from the requesting
state and will include the county/city costs within the agency request for reimbursement as an
assisting state under EMAC. HSEMD will provide reimbursement to the County/City in a final
amount for the authorized expenses claimed on the Form R-2, within 30-days of receipt of
reimbursement from the requesting state.
ALTERATIONS AND AMENDMENTS:
This Agreement may only be amended by mutual agreement of the parties. Amendments shall not
be binding unless they are in writing and signed by personnel authorized to bind each of the parties.
TERMINATION:
Either party may terminate this Agreement upon 30 days' prior written notification to the other
party. If this Agreement is so terminated, the parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of
termination.
IN WITNESS THEREOF, the parties hereto have executed this agreement on the day and year
last specified below. This Agreement contains all the terms and conditions agreed upon by the
parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement
shall be deemed to exist or to bind any of the parties hereto.
BY: ____________________________ DATE: _________________________
John R. Benson, Interim Director
Iowa Department of Homeland Security and Emergency Management
BY: _____________________________ DATE: _________________________
NAME, Title
County/City
1
ITEM#: 12
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: MEMORANDUM OF UNDERSTANDING WITH IUOE LOCAL 234 FOR
CYRIDE PART-TIME DRIVER AND LANE WORKER HOURLY WAGE
COMPENSATION
BACKGROUND:
The wages and benefits for CyRide transit drivers are governed by a collective bargaining
agreement with the International Union of Operating Engineers (IUOE) Local 234. Transit
driver and lane worker wages are set and paid based on this contract.
Along with many businesses in Ames and around the country, CyRide has been having
difficulty hiring and retaining an adequate number of part -time drivers and lane workers.
Unfortunately, this shortfall is affecting CyRide’s ability to operate the school year
schedule. With ridership slowly increasing back to normal levels, employee
shortages have begun to affect service and will likely increase the number of buses
running over capacity. CyRide staff, with the approval of the Transit Board, has
implemented a variety of creative strategies to attempt to fill vacant positions. However,
hiring continues to remain lower than normal.
CyRide’s schedule is considered filled when between 92% and 96% of shifts are
assigned. CyRide began the fall schedule with only 70.4% of shifts filled, down from
the previous year’s 75.5% and a five -year average of 89.8%. Despite aggressive
advertising of the driver position and a $1,000 hiring bonus, hiring has not returned to pre-
pandemic levels, and resignations have outnumbered new hires.
Hourly pay significantly affects CyRide’s ability to attract and retain employees. CyRide’s
current part-time wage for new drivers and lane workers is $17.51 an hour. While CyRide
has traditionally enjoyed a competitive advantage in hourly pay for starting employees,
other employers have caught up to the entry-level pay and have rates at or above $15 an
hour. Additionally, competition between employers looking for employees with
commercial driver’s licenses (CDLs) is fierce, with starting bonuses in the thousands of
dollars.
CyRide has stringent hiring requirements above and beyond other CDL employers. Based
on feedback from departing employees, current wages are a significant factor in some
employees choosing to leave CyRide for other job opportunities. It has become
increasingly clear that, in the current economic climate, the pay rate for part-time
drivers and lane workers is not high enough to attract and retain employees in
these positions.
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To help incentivize applicants and keep current part-time employees, CyRide staff
recommends increasing the hourly wage at steps A, B, and C for part-time transit
drivers and lane workers by 15% above the previously agreed-upon hourly wage
rate, which will help attract additional applicants and reduce employee attrition. By
advertising a starting wage above $20 per hour, along with the other benefits
CyRide offers, staff believes applicant flow will increase for these positions.
A Memorandum of Understanding (MOU) to implement this wage increase has been
prepared. Representatives of the IUOE have been consulted and have approved the
MOU. The Human Resources Director and the City Attorney have also reviewed the
MOU. The Transit Board approved the new part-time driver and lane worker hourly
wage compensation rates at its meeting on August 24, 2022. If approved by the City
Council, this change would be effective September 16, 2022. Wages for Transit Drivers
would be subject to negotiation in 2024/25 as a new collective bargaining agreement is
discussed between the City and IUOE.
ALTERNATIVES:
1. Approve the attached Memorandum of Understanding with the International Union
of Operating Engineers Local 234, authorizing increasing the part-time transit
driver and lane worker wages 15% above the previously agreed -upon hourly wage
rate.
2. Do not approve the Memorandum of Understanding.
CITY MANAGER’S RECOMMENDED ACTION:
CyRide is experiencing a problem filling part-time positions. Offering a starting wage
above $20 per hour would help increase applications and encourage current employees
to stay at CyRide.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
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Memorandum of Understanding
City of Ames
and
International Union of Operating Engineers, Local 234
Blue Collar Unit
September 16, 2022
Addendum A of the July 1, 2022, through June 30, 2025, collective bargaining agreement
between the parties contains the wage provisions through June 30, 2025. The current addendum,
A, provides part-time transit drivers and lane workers to receive wages of $17.51 per hour for step
A, $20.90 per hour for step B, and $22.60 per hour for step C in 2022 through 2023.
The labor market for these two positions is highly competitive and CyRide has had difficulties
hiring and retaining an adequate number of part-time employees to fill vacancies. To make these
positions more appealing, the parties have agreed to increase step A, B, and C for part-time transit
driver and lane worker wages 15% above the previously agreed upon hourly wage rate. These
positions would then receive a 3.25% increase for FY 2024 and FY 2025 based on the new
addendum A rates as indicated below in Addendums B and C.
This agreement does not affect wages of other classifications or other steps within the transit
driver or lane worker classifications. Those wages will remain as previously agreed upon during
contract negotiations. The changes are detailed below:
ADDENDUM A
Effective September 16, 2022 – 6/30/2023
HTE
CLASS
CODE TITLE
STEP A (START) STEP B (18 MOS) STEP C (48 MOS)
Annual Hourly Annual Hourly Annual Hourly
Original 318 1311 Transit Driver
(PT 20 hrs)*
17.51 20.90 22.60
Original 325 1323 Lane Worker 36,420.80 17.51 43,472.00 20.90 47,008.00 22.60
Amended 318 1311 Transit Driver
(PT 20 hrs)*
20.14 24.04 25.99
Amended 325 1323 Lane Worker 41,891.20 20.14 50,003.20 24.04 54,059.20 25.99
ADDENDUM B
Effective 7/1/2023 – 6/30/2024
HTE
CLASS
CODE TITLE
STEP A (START) STEP B (18 MOS) STEP C (48 MOS)
Annual Hourly Annual Hourly Annual Hourly
Original 318 1311 Transit Driver
(PT 20 hrs)*
18.08 21.58 23.33
Original 325 1323 Lane Worker 37,606.40 18.08 44,886.40 21.58 48,526.40 23.33
Amended 318 1311 Transit Driver
(PT 20 hrs)*
20.79 24.82 26.83
Amended 325 1323 Lane Worker 43,243.20 20.79 51,625.60 24.82 55,806.40 26.83
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ADDENDUM C
7/1/24 – 6/30/2025
HTE
CLASS
CODE TITLE
STEP A (START) STEP B (18 MOS) STEP C (48 MOS)
Annual Hourly Annual Hourly Annual Hourly
Original 318 1311 Transit Driver
(PT 20 hrs)*
18.67 22.28 24.09
Original 325 1323 Lane Worker 38,833.60 18.67 46,342.40 22.28 50,107.20 24.09
Amended 318 1311 Transit Driver
(PT 20 hrs)*
21.47 25.63 27.70
Amended 325 1323 Lane Worker 44,657.60 21.47 53,310.40 25.63 57,616.00 27.70
*Transit Driver Trainees will be paid in accordance with Section 26.1. Time -in-grade credit for step
advancement for part-time Transit Drivers and Lane Workers is to be based upon hours actually worked. A
part-time employee advances to Step B at 3120 hours and Step C at 8320 hours.
For the mutual benefit of the City of Ames and IUOE, both parties agree to incorporate the above-
stated change to the terms agreed to in the collective bargaining agreement effective September
16, 2022.
____________________________________ ________________
Bethany Ballou, Human Resources Director Date
City of Ames
____________________________________ ________________
Chad Carter, IUOE Local 234 (Blue Collar) Date
ITEM # __13 __
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: REQUEST TO WAIVE ENFORCEMENT OF PROHIBITION OF
MOTORIZED VEHICLES IN ADA HAYDEN HERITAGE PARK FOR
THE AMES TRIATHLON, JUNE 25, 2023.
BACKGROUND:
Iowa Multisport (IM) is planning to use Ada Hayden Heritage Park (AHHP) to host the
fourth Ames Triathlon on June 25, 2023. The event consists of a 500-meter swim in the
north lake, a 12-mile bike ride that starts in the park and travels through north Ames,
northwestern portions of Story County and finishes in the park, and a 5K run that uses
the hard surface path in the park.
Section 19.9 of Ames Municipal Code prohibits the use of motorized vehicles in parks.
For the upcoming triathlon, IM has requested a waiver of this ordinance. The rationale for
the request is that in 2019, IM experienced issues with the inability to transport volunteers
and participants safely and quickly throughout the park for emergencies. City Council
approved the use of the carts along the run route for the 2021 and 2022 Ames Triathlons.
IM is again requesting the use of golf carts to transport volunteers, assist participants for
any emergencies along the run route, and to transport water station supplies . IM is
required to provide a Certificate of Liability Insurance for the triathlon event and staff will
require the golf carts be covered under IM’s insurance.
The Parks and Recreation Commission reviewed this request at its August 18,
2022, meeting and recommended that City Council grant this waiver for the Ames
Triathlon on Sunday, June 25, 2023. In addition to the golf cart request, IM requested
to enter the park for set up starting at 5:00 AM on June 25, which is prior to regular park
hours (6:00 AM – 10:30 PM), and to have the Commission waive the no swimming rule
from 8:00 AM to 10:00 AM. These two additional requests were approved by the
Commission, but do not need Council approval.
ALTERNATIVES:
1. Waive enforcement of Section 19.9 of Municipal Code from 5:00 AM to 1:00 PM
on Sunday, June 25, 2023 to allow Iowa Multisport to utilize two golf carts for the
Ames Triathlon at Ada Hayden Heritage Park.
2. Deny IM’s request and do not allow the use of motorized golf carts at the park.
3. Refer back to staff.
CITY MANAGER’S RECOMMENDED ACTION:
IM has hosted three triathlons at Ada Hayden Heritage Park, and all have been successful
in bringing many participants from Ames and around Iowa to the park. Staff met with
representatives from IM multiple times leading up to the events as well as observed all
the activities that took place at the park and feels IM was successful in ensuring
participant safety. Having the ability to utilize golf carts will assist in transporting
volunteers as well as participants in emergency situations.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1 as stated above.
ITEM # 14
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR CUSTODIAL SERVICES AT CITY HALL
BACKGROUND:
All cleaning and custodial services for City Hall are provided by a third-party professional
cleaning service. The tasks included in this service are all the routine daily cleaning tasks,
and additional tasks performed periodically such as carpet shampooing, vinyl and
Terrazzo floor maintenance, ceramic tile cleaning, plumbing fixture cleaning and
sanitation, spot cleaning, glass cleaning, and window washing. There is also the
expectation to provide unplanned emergency clean-up services.
The City of Ames received notice from the current vendor, ServPro of Ames, that they
can no longer meet the criteria of the contract due to the inability to find staff that can
meet the needs of City Hall.
On August 17, 2022, two bids were received as follows:
BIDDER – Base Bid TOTAL ANNUAL
COST
ADDITIONAL SERVICES
COST PER HOUR
Stratus Building Solutions, West Des Moines, IA $84,962.00 $26.00
Reliable Maintenance Co., Des Moines, IA $86,200.00 $25.00
BIDDER – Annual % Rate Increase by FY 23/24 24/25
Stratus Building Solutions, West Des Moines, IA 0% 0%
Reliable Maintenance Co., Des Moines, IA 2.5% 2.5%
The current contract amount with the incumbent provider is $57,655.50 for FY 2022/23.
Stratus Building Solutions, West Des Moines, IA, submitted the low acceptable bid of
$84,962.00 for FY 2022/23. This total does include additional services such as carpet
cleaning and waxing. The base bid for just cleaning tasks is $68,588. The total cost for
FY 2022/23 will be split for budget purposes for specific areas for the base bid is as
follows:
City Hall and Police Dept $43,647.00
Gym, Community Center, & Wellness $22,447.00
Auditorium $ 2,494.00
This bid is for the period of date of award through June 30, 2023 with two (2) twelve (12)
month optional renewal periods available through June 30, 2025. Each renewal period is
subject to successful past performance and approval by Council. The bid also provides
for a percentage increase on base fees for each renewal period.
The approved operating budget for FY 2022/23 was set at $73,218;
$60,000 is in the Facilities budget
$ 5,887 is in the Gym & Community Center budget
$ 3,281 is in the Auditorium budget, and
$ 4,050 is in the Wellness budget,
The base bid amounts include all routine services provided daily plus other services
provided periodically or less frequently. Also bid separately is a per-hour rate for
additional services requested, emergency clean up, and special events clean-up in the
Auditorium. These services will be billed at the hourly rate bid in addition to the planned
services.
City staff reviewed the bid and had a meeting with Stratus regarding the number of hours
they listed to do the work. Staff felt that number was not feasible based on experience.
After reviewing the work, Stratus affirmed that the number was good, and they would
meet the criteria set forth in the bid. The hours listed was an estimate and they agreed
they would work the hours needed to meet the contract. Staff reached out to references
listed and received favorable feedback.
ALTERNATIVES:
1. Award this contract for FY2022/23 custodial services at Ames City Hall to Stratus
Building Solutions, West Des Moines, IA, in the amount of $84,962.00 per year plus
$26 per hour for emergency clean-up and additional work as authorized. The contract
is renewable for up to two, twelve-month periods subject to successful performance
and Council approval, with the increases reflected in the bid.
2. Award the contract for custodial services for the Ames City Hall to Reliable
Maintenance Company.
3. Reject all bids and direct staff to re-bid custodial services
CITY MANAGER’S RECOMMENDATION:
Stratus Building Solutions, West Des Moines, IA, has the lowest overall cost to the City
over the three-year contract period. The Director of Fleet & Facilities has checked
references for Stratus Building Solutions performance in other locations and finds them
to be acceptable. Stratus Building Solutions is committed to meeting the expected results
and is ready to provide these services.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM # __15___
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: UNIT 7 BOILER SUPERHEAT ATTEMPERATION STUDY
BACKGROUND:
The City’s Power Plant operates two natural gas-fired boilers, which generate steam to
produce electricity. These are referred to as Unit 7 and Unit 8. The boilers consist of tubes
containing water; tubes in the lower part of the boiler are referred to as “waterwall” tubes,
and the upper section of the boiler is referred to as the “superheat.”
In 2019, the City contracted and commenced work on a project to repair the Unit 7 boiler
by replacing the lower waterwalls and the pendant superheater with new boiler tubes clad
with a special alloy (Inconel 622), highly resistant to corrosion. The lower waterwall tubes
were replaced on all four sides of the boiler from just above the burner level down to the
bottom of the boiler, a length of approximately 45 feet. The project also replaced all the
tubes in the superheater with new boiler tubes, also clad with Inconel 622.
Under certain operating conditions, it becomes necessary to spray the tubes where the
steam exits the superheater. This is called “attemperating,” and it reduces the outlet
temperature of the steam when that temperature is too high. Following the completion of
the boiler repair project, the Power Plant staff noticed that when operating Unit 7, the
amount of spray attemperation required to control the outlet temperature of the steam
leaving the superheater for the turbine was 200% greater than prior to the repair project.
This excessive attemperation required to control the temperature of the steam exiting the
superheater is detrimental in two ways: 1) it is inefficient to overheat the steam and then
be forced to cool it before it is sent to the turbine, and 2) long -term it is damaging to the
superheater tubes to shock them with a spray of cool water to control the steam e xit
temperature.
The specification for the boiler repair project required the contractor to ensure the
boiler performed the same post-project as it had pre-project. In the bid, and later in
an answer to questions posed by the City, the Contractor assured the City there would
be no impact on the performance of the boiler due to the repair project.
The City notified the Contractor of the excessive amount of attemperation required to
control the steam temperature leaving the boiler, and collectively the Contractor and the
City tried to adjust how the boiler was operated to reduce the amount of spray
attemperation to historically normal levels without success. Ultimately, the Contractor’s
position was that they believed they had performed the boiler repair correctly and
in accordance with the contract. The City’s position is that the Contractor was
responsible for the physical repair of the boiler, but also the operational
2
performance of the boiler as specified in the contract, and the boiler post-project
failed to operate as it had prior to the start of the project.
To date, the City has withheld retainage from the Contractor while the excessive
attemperation problem remains unresolved. The City and the Contractor agreed in
principle to a study by a third party to resolve the issue. The City was on the verge of an
agreement for a study by a major power boiler manufacturer, but at the “eleventh hour”
this boiler manufacturer withdrew, claiming staffing issues due to COVID and
resignations, and this along with their core business workload would prevent them from
having the staff necessary to complete the study in the timeframe the City desired.
The City then issued an RFP to five entities deemed qualified to study the boiler issues
and to make recommendations to resolve the problem. The RFP asked the entities to do
three things:
1) Determine the reason(s) for why Unit 7 boiler following the boiler repair project
requires so much more spray attemperation post-project than it did pre-project.
2) Determine if the need for excessive attemperation could have been predicted
prior to the start of the Unit 7 Boiler Repair Project work.
3) Identify the modification(s) to the boiler, physically and/or operationally, that
would return the boiler to pre-project operating conditions.
The City received two proposals as a result of the RFP. The proposals are summarized
in the following table:
Price Proposal Deliverables
Babcock Power
Services
$69,300
$ TBD
Detailed report of thermal model findings, including
reasons for the increase in spray flow, if the
increased spray flow was predictable and up to
three (3) alternatives for modifying the boiler to
lower the amount of spray attemperation to
historical levels. Babcock Power Services will also
provide a budgetary price if it is necessary to supply
materials to modify the boiler.
If the physical modifications to the boiler require
materials to be fabricated, Babcock Power Services
will submit a firm price to produce shop drawings
and fabricate the required material. The City then
can choose to have the modification(s) to the boiler
installed by one of Babcock Power’s subsidiary
companies, or by the original Unit 7 Boiler Repair
Project contractor.
3
Sargent & Lundy $59,000
$68,000
$ TBD
Phase 1 – Data collection, testing, and tuning of the
boiler.
Phase 2 – Thermal modeling of the boiler to
determine the cause(s) of the increase in
attemperator flow and if the increased attemperator
flow could have been anticipated by the repair
contractor.
Phase 3 – Use the model from Phase 2 to evaluate
physical and operational modifications to correct
the excessive attemperator spray flow.
City staff has evaluated both proposals and have deemed that Babcock Power’s
proposal will provide the information the City has requested in the RFP at less cost.
Babcock Power Services was also deemed to have the experience and the
expertise necessary to perform the study.
The City and the Contractor have agreed to the study that is to be performed by
Babcock Power Services, and have agreed to split the cost of the study 50/50. The
City’s ultimate goal of the study is to determine the remedy to reduce and return
the amount of spray attemperation required to control the superheater outlet
temperature to original design and historical normal levels, and then have the
Contractor be responsible for implementing that remedy. The Contractor to-date,
and most recently expressed in a letter to the City dated July 28, 2022, is unwilling to
commit to be responsible for implementing a final remedy prior to the completion of the
study. Not knowing the specifics of the contractor’s concern, staff’s guess is the
Contractor does not want to agree in advance to be responsible for a remedy of unknown
and unlimited cost.
Regardless of the cost of the remedy and who is ultimately responsible for the
implementation of the remedy, the study of the Unit 7 boiler’s excessive attemperation
problem (following the 2019 project to repair Unit 7 boiler), needs to be performed. Not
correcting the excessive attemperation problem is inefficient and will long-term be
detrimental to the life of the superheater.
Funds to pay for the study will be ob tained from the Steam Electric Plant’s Unit 7 Boiler
Maintenance account. $75,000 has been made available for this study. The City is in
receipt of a letter from the Unit 7 Boiler Repair Project contractor, Helfrich Brothers Boiler
Works, Inc. of Lawrence, MA, stating their commitment to reimburse the City for one half
(1/2) of the cost of the study, or $34,650.
4
ALTERNATIVES:
1. Approve a contract with Babcock Power Services of Marlborough, MA, in the
amount of $69,300 to perform the Unit 7 Attemperator Spray Flow Study.
2. Do not approve and direct staff to seek other options to perform the necessary
study.
CITY MANAGER'S RECOMMENDED ACTION:
Approving this study will identify the remedy necessary to correct and reduce the
excessive attemperation now required to control the temperature of the steam exiting the
superheater and headed for the turbine. This reduction in attemperation back to within
the design range and to historical normal levels will result in improved boiler efficiency
and longer life of the boiler tubes in the superheater.
Once the study is complete, further discussions will need to be held with the contractor to
settle the responsibility for the cost of the repairs.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 as stated above.
1
ITEM # __16___
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: APPROVE PLANS AND SPECS FOR RELOCATION OF 161 KV
TRANSMISSION LINE FROM AMES PLANT TO NE ANKENY
BACKGROUND:
The Iowa Department of Transportation (IDOT) is carrying out highway improvements
along Interstate 35 north of Ankeny. These improvements include construction where I-
35 crosses NE 158th Ave and NE 142nd Ave and at the I-35 interchange of NE 126th Ave.
The City owns a 161kV electric transmission line that is situate d on DOT right of way in
this area. The IDOT construction project will require relocation of a portion of the
transmission line in vicinity of these roads. All costs associated with this relocation
project will be reimbursed by the Iowa Department of Transportation.
On February 22, 2022, Council approved a professional services agreement with
DGR for the design and engineering of this project in the total amount of $291,000.
The action now being requested is for the approval of plans and specifications for
the Ames Plant to NE Ankeny 161 kV Transmission Line Iowa DOT Relocation. Staff
is asking to set October 13, 2022, as the bid due date and October 25, 2022, as the
date of public hearing and award of contract.
The engineer’s estimate for the construction phase of this relocation project is
$2,090,300. Council also previously approved an engineering reimbursement agreement
with IDOT in the total amount of $383,000, which includes $291,000 for engineering
services and $92,400 for easement acquisition. The current estimated total project cost
is $2,404,000 including $291,000 for engineering, $22,700 for easements and crop
damages and $2,090,300 for construction labor and materials. The approved FY 2021/22
Capital Improvements Plan includes $2,404,000 under the project titled “161 kV Line
Relocation.”
All engineering and construction expenses for the project will be reimbursed by IDOT. A
revised reimbursement agreement with IDOT, which reflects the construction costs
in addition to the originally approved engineering costs will be brought to Council
for approval at the same time as the award recommendation for this construction-
phase of the project.
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ALTERNATIVES:
1. Approve plans and specifications for the Ames Plant to NE Ankeny 161 kV
Transmission Line Iowa DOT Relocation and set October 13, 2022, as the bid due
date and October 25, 2022, as the date of public hearing and award of contract.
2. Do not approve plans and specifications at this time, which would delay the IDOT’s
project.
CITY MANAGER'S RECOMMENDED ACTION:
In order to facilitate these IDOT improvements, the City’s 161 kV transmission line must
be relocated. Staff is also working with IDOT on revising the reimbursement
agreement for the construction portion of the project. The revised reimbursement
agreement will be brought before Council for approval prior to committing to the
construction.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
Item No. 17
1
ITEM #: ___18__
DATE: 09-13-22
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 compo unds 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 firm who has previous
experience with PFAS sampling at the depths and geology of the aquifer and has
indicated that they have the time to perform work. 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.
ITEM # __19___
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: ACCEPTANCE OF CREATIVE ARTISTS’ STUDIOS OF AMES
ARTS CAPITAL GRANT PROJECT
BACKGROUND:
On March 8, 2022, the City Council approved a contract with Creative Artists’ Studios of
Ames, Inc. (CASA) for the Arts Capital Grant Program. This program is open to
individuals, non-profits, or businesses that propose projects that create, renovate, or
improve a space for arts or artists (e.g., performance space, exhibition space,
classrooms, demonstration space, studio space, etc.).
The contract with CASA, in the amount of $7,082, is to replace three sets of doors in the
CASA facility at 130 South Sheldon Avenue. CASA has completed the improvements
identified in the grant contract and is now requesting payment and closeout of the grant.
The required documentation of the completed improvements has been received,
along with the required reimbursement request form.
ALTERNATIVES:
1. Accept completion and authorize final payment and closeout of the Art Capital
Grant with Creative Artists’ Studios of Ames, Inc. in the amount of $7,082.
2. Refer this item back to staff for further information.
CITY MANAGER’S RECOMMENDED ACTION:
Creative Artists’ Studios of Ames, Inc has completed the project described in its Arts
Capital Grant, and all required documentation has been submitted.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
ITEM # __ 20 __
DATE: 09-13-22
COUNCIL ACTION FORM
SUBJECT: PURCHASING LAND AT 5658 ONTARIO STREET (SANDS-
MCDORMAN PROPERTY) TO BE DEVELOPED AS A COMMUNITY
PARK
BACKGROUND:
In approximately 2011-12, City staff had initial conversations with the owners of the
property at 5658 Ontario Street regarding purchasing this land for a City park. The owners
eventually decided not to sell at that time. Subsequently, Staff was approach ed by the
owners in 2021 to see if the City was still interested in purchasing this approximately 78 -
acre piece of property. Staff indicated the City may be interested, and since then there
have been several conversations about this proposal. Because of recent personal issues,
the owners desire to sell the property has been accelerated. The primary desire of the
owners is to have this land developed into a City park. However, if the City is not
interested, the owners will reach out to developers regarding their interest in this property.
Provided below is information about the property and what has taken place over the last
several months.
SANDS – MCDORMAN PROPERTY OVERVIEW:
The Sands – McDorman (SMD) property is located at 5658 Ontario Street and is shown
in green in Figure 1 (North is at the top). The City of Ames boundaries are the red lines
in Figure 1.
Figure 1
The SMD property consists of three parcels as shown in Figure 2. Parcel 1 is 8.6 acres;
Parcel 2 is 40.0 acres; Parcel 3 is 27.28 acres; and Public Roads is 1.97 acres for a total
of 77.85 acres. Staff is interested in purchasing Parcels 1 & 2 which would then be
developed into an approximately 50-acre community park. The owners most likely
will work with a developer regarding the sale of Parcel 3.
Figure 2
Figure 3 shows the current uses of the property. On the south end (bottom of picture),
approximately 32 acres are in crop production. In the middle of the property,
approximately 17 acres (9.00 & 7.91) are enrolled in the Conservation Reserve Program
(CRP). At the North end, just over 26 acres consist of pasture divided by a stream. There
is also a house, barn, and other buildings on this north section.
Figure 3
PARK DEVELOPMENT IN EXISTING CITY PLANS:
There are two City plans that speak to adding community park space to the west side of
Ames which are detailed below:
1. Parks Master Plan
This plan does include adding a community park on the west edge of town.
A community park has a service area of two miles and often contain s
facilities/amenities that serve the entire community. The size of community parks
varies from 30 to 100 acres. These parks generally contain sport fields/courts,
unique natural elements (forest, hills, ponds, streams, etc.), and any other
facilities designed for community-wide use. Amenities include large
shelters, restrooms, playground equipment, and hard-surfaced parking lots.
2. City of Ames 2040 Plan
In the Parks, Trails, and Greenways section of the recently adopted
Comprehensive Plan, there is reference to building new parks to service new
growth areas, which does include the west edge of the City. Specifically, it states
“As the city grows, so should its park system. Future development will
require provision of new neighborhood parks as well as a larger community
parks within designation growth areas.”
APPRAISAL AND COST OF PROPERTY:
In 2013, the Iowa Natural Heritage Foundation (INHF) contracted with Hertz Farm
Management to have an appraisal done on this property with the appraised value being
$1,100,000. When the City was made aware in 2021 of the seller’s renewed interest in
selling the property, the INHF contracted with Hertz Farm Management to update the
2013 appraisal on this property. The new appraised value of the entire property is
approximately $1,790,000. A breakdown of each parcels appraised value follows:
Parcel Appraised Value
1 $202,874
2 $943,600
3 $643,486
Total $1,789,960
FUNDING FOR LAND ACQUISTION:
Funding for this land acquisition could come from two sources (1 & 2 below) at this time
with future development funding (3 below) to be determined.
1. Park Development Fund
The City has a Park Development Fund (PDF) which has been designated for just
this purpose. This fund is to be used for purchasing land for future parks and/or
developing parks once land is secured. The fund is built up over time by
contributing $100,000 of Local Option Sales money annually. The PDF balance
at the end of FY 2021/22 is $1,240,669. If the City were to purchase Parcels 1 &
2 for $1,146,474, the remaining fund balance would be $94,195.
2. Grants
To help with funding for the land acquisition, the State’s Resource Enhancement
and Protection (REAP) grant can be pursued. A maximum award of $200,000
could be obtained through the REAP process. Since the application deadline
was August 15 for REAP funding, staff worked with the Iowa Natural Heritage
Foundation on developing and submitting an application for the purchase of
this land in the event that the City Council decides to purchase this land for
a park.
A component of the REAP application process is having City Council pass a
resolution supporting the application submittal. Staff did provide a memo with the
application stating City Council would be discussing the land acquisition and REAP
grant on September 13. If Council wishes to move forward with acquiring the
land, a resolution approving the grant application could be done at that time.
As part of the REAP process, Story County has a review committee that provides
feedback to applicants prior to an application being submitted. Staff presented this
land acquisition proposal to the Story County Review Committee on Thursday,
August 4 and feedback was overwhelmingly in favor of submitting a grant
application for this project.
3. Future Development
The City Council should understand that purchasing this land for a future park is
the first step in the park development process. Ultimately, the cost to fully develop
this park over time could be a multi-million dollar project.
A concept plan will need to be developed for this new park. Therefore, Staff will
need to host a series of community-wide meetings to determine how residents
would like to see the park developed. Since the costs to develop this park
would be significant, a phased plan would need to be created so the park
could be developed over time. In addition, grant funding will be applied for
regarding trails, facilities/amenities, and natural elements (i.e. pollinator gardens,
streambank stabilization, nutrient reduction in waterways, etc.).
REPLENISHING THE PARK DEVELOPMENT FUND:
In addition to contributing $100,000 of Local Option Sales Tax dollars each year to the
fund, Staff believes there is another strategy worthy of consideration. Given the current
volatility in the construction environment, Staff will most likely need to increase the funding
for projects included in the Capital Improvement Plan (CIP). This will cause some projects
to be delayed and will be an opportunity for staff to get caught up on incomplete projects.
By doing this, any CIP money not used for Parks and Recreation projects in a given year
could be transferred to the PDF to replenish it quicker than through only the normal
$100,000 annual appropriation. For example, if $1,000,000 is allocated for a given year
and staff determines to do only $800,000 of pr ojects, the remaining $200,000 could be
reallocated to the PDF.
PARKS AND RECREATION COMMISSION COMMENTS:
This land acquisition proposal was presented to the Parks and Recreation Commission
at its August 18 meeting. The Commission was unanimously in favor of the City
purchasing this land for a future community park. Commissioners felt very strongly about
developing a park on this land rather than developing homes on these parcels. The
Commission approved a motion supporting the purchase of this land for a park and
directed staff to work to obtain easements along the creek on the west parcels all the way
to County Line Road.
ALTERNATIVES:
1. City Council can pass the following in relation to the Sands-McDorman property:
a. Resolution directing staff to negotiate a purchase agreement for Parcel 1
and 2 of Sands-McDorman Property (5658 Ontario Street) in the amount
not to exceed $1,146,474
b. Resolution approving the submittal of an Iowa Department of Natural
Resources (IDNR) Resource Enhancement and Protection (REAP) grant
application in the amount of $200,000.
2. Do not pursue the purchase of the Sands-McDorman Property.
3. Refer back to staff.
CITY MANAGER’S RECOMMENDED ACTION:
Admittedly, the expenditure of this magnitude which has not been approved in the
budget typically is not requested by Staff. However, in this instance there has been
a long-standing goal of the Park Master Plan to add a Community Park, the
availability of sufficient land to accommodate this type of park is limited, and the
property owner is requiring an immediate response to the offer to sell. Therefore,
in order to take advantage of this unique opportunity, the Staff is approaching the
City Council to take action as soon as possible regarding the purchase of Parcels
1 and 2 of the Sands-McDorman property. Fortunately, the Park Development Fund
was created to allow the City Council to respond in a timely manner to
opportunities to expand our park system without having to wait for the annual
budget process, and there are sufficient funds available to accomplish this
purchase. Therefore, it is the recommendation of the City Manager that the City
Council approve Alternative #1, as described above.
It is important to consider two issues should the City Council approve the purchase of this
land. First, once purchased, our citizens will likely expect that the land be developed into
a park immediately. It must be remembered that the ultimate development of this land
into a Community Park will be a multi-million dollar project. Given the significant number
of major park projects already planned for and yet to be accomplished in our park system,
the development of this new park will not occur in the immediate future.
Second, the Community Park which is envisioned at this location includes active as well
as passive features. Many times neighboring residents oppose the more active features
that are incorporated into a Community Park.
Therefore, the City Council should expect some negative feedback related to both of
these issues.
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ITEM # ___21__
DATE 09-13-22
COUNCIL ACTION FORM
SUBJECT: AGREEMENT TO PLACE “BLACK’D OUT BOOKS” SCULPTURE
IN FRANKLIN PARK
BACKGROUND:
On March 8, 2022, the City Council reviewed a request from Cameron Gray to place a
sculpture in a City park which would function as a free library. The Council directed staff
to work with Mr. Gray to discuss the details of the project further and develop an
agreement.
The sculpture is proposed to be an obelisk shape with a free library incorporated in to it.
The sketches provided by Mr. Gray indicate the obelisk is to be approximately 45 inches
per side and 9.5 feet in height, placed on a concrete slab. Mr. Gray would work with an
architect to ensure the design and materials are structurally sound.
Staff from the City Manager’s Office and Parks and Recreation Department met with Mr.
Gray and identified a location in Franklin Park that is suitable for the placement of the
sculpture. The Franklin Park location was selected because it is in an area the Census
indicates has a higher proportion of black residents. The free library aspect of the
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sculpture would include a book collection curated by Mr. Gray and focusing on black
literature.
Staff utilized the loan agreement used for the Ames Annual Outdoor Sculpture Exhibition
(AAOSE) as a model for the agreement with Mr. Gray. According to the loan
agreement, Mr. Gray would own the sculpture and loan it to the City as an exhibition
from October 1, 2022 through September 30, 2027 (five years). Prior to the
conclusion of the contract, the City and Mr. Gray can agree to extend the exhibition
for a specified period of time. Mr. Gray will be responsible for any maintenance
required for the sculpture.
In discussing the agreement specifics this summer, Mr. Gray indicated to City staff
that he is concerned about the possibility of this sculpture becoming a target for
vandalism, and he has requested that the City install security cameras. A letter from
Mr. Gray is attached.
The Parks and Recreation Department has generally not installed cameras on a pro -
active basis in any of the parks. Trail cameras have, however, been used in areas where
evidence of vandalism has been observed, which has been helpfu l in identifying the
perpetrators.
If the Council wishes to install security cameras, staff would require direction as to
whether to pay for their installation from Parks and Recreation funds or from some
other source.
Approximate Location within Franklin Park
3
ALTERNATIVES:
1. Approve the loan agreement with Cameron Gray to place “Black’d Out Books” in
Franklin Park.
2. Approve the loan agreement with Cameron Gray to place “Black’d Out Books” in
Franklin Park, and direct staff to explore the feasibility and cost of installing a
security camera as requested by Mr. Gray.
3. Do not approve the loan agreement, and do not proceed with the project.
CITY MANAGER’S RECOMMENDED ACTION:
The loan agreement prepared by staff is based on similar loan agreements for public art
that will remain under the artist’s ownership. Mr. Gray has signed and returned the
agreement.
The City’s parks do not have security cameras operating on a regular basis, unless there
is an area actively experiencing vandalism or another justification to install cameras on a
short-term basis. Based on this practice, staff believes the sculpture agreement should
be approved without installing cameras. In the event that a situation occurs with the
sculpture (i.e., vandalism or other damage), then staff would be suppor tive of revisiting
the discussion regarding cameras.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
4
5
LOAN AGREEMENT
This Loan Agreement is made on the ____ day of _______________, 2022, between the CITY OF
AMES, IOWA, the exhibitor, herein referred to as the City, and CAMERON GRAY, 505
Northwestern Avenue, Ames IA 50010 (cgrayprints@gmail.com), herein referred to as
“Lender.”
I. EXHIBITION
The City, for the purposes of fostering appreciation of literature and the arts, with particular
regard to the experiences, stories, and contributions of African-Americans to literature and the
arts, and for the purpose of giving artists an opportunity to display their work in public, and for
the purpose of enhancing the experience of Ames residents in the parks system of the City, will
exhibit a certain outdoor artwork as herein described on City property for an exhibition period
beginning October 1, 2022, and ending September 30, 2027, or as soon after these dates as
practicable. The artist, as Lender, has voluntarily submitted the artwork described below for
display, and this artwork has been selected by the City for display in the exhibition.
II. DESCRIPTION OF ARTWORK
Title of work: Black’d Out Books
Medium: Sculpture
Material: Powder-coated Steel
Height: 115 inches
Width: 45.5 inches
Depth: 45.5 inches
Approximate weight: 1,800 lbs.
Date (if dated): 2022
Declared value: $6,000
III. CONSIDERATION
The consideration between the parties shall be the mutual benefit each will derive from the
public exhibition of the artwork being loaned.
IV. DURATION OF LOAN
The artwork described in this Agreement will not be released from loan from the time it is
delivered to the City until the time of removal from the exhibition or the termination of the
exhibition plus a reasonable allowance for removal, except by prior written agreement between
the parties. At least 90 days prior to the termination of the exhibition on the date described
above, the parties may agree to extend this loan agreement for a period of time by indicating so
in writing and identifying a mutually agreeable revised termination date.
It is hereby agreed between the parties that the City is entitled to exclusive possession of the
artwork until the artwork has been released from loan. Unless otherwise notified in writing by
2
the Lender, the City will surrender the artwork only to the Lender. If the City is unable to
return the artwork to the Lender within a reasonable period following the expiration of the
exhibition, and no special arrangements have been made, then the City shall have the right to
dispose of the artwork in any manner whatsoever. The City will not dispose of the artwork
without sending notice via certified mail to the Lender at least 30 days in advance of the
disposal. In the event that ownership changes during the period of the loan, the new owner is
required to establish his/her legal right by proof satisfactory to the City. This Agreement is
binding upon and shall inure to the benefit of the parties, heirs, executors, administrators,
representatives, successors, and assigns.
V. INSTALLATION AND REMOVAL
The Lender agrees to work with the City in planning for and installing the artwork prior to the
exhibition opening and will promptly remove the artwork after the conclusion of the
exhibition. However, it is expressly understood and agreed that the acceptance and installation
of the subject artwork is conditioned upon the feasibility of a safe and secure installation on
public property within the parks system of the City. If, after arrival of the artwork in the City,
it is determined that because of inherent qualities or attributes of the artwork it is not feasible,
consistent with budgeted resources, to safely and securely install the artwork in a site in the
parks system of the City, the City shall be under no obligation to do so. In such case, the
artwork shall be retrieved from the City by the Lender within 10 days of notification by the
City, and the City and Lender shall be mutually released from any and all obligations under
this agreement.
VI. TRANSPORTATION AND DELIVERY
Transportation and delivery from the Lender to the City shall be the responsibility of the
Lender. Delivery will be complete when the Lender assists the City with installation of the
artwork in Ames, Iowa. Return to the Lender shall occur at the same location as delivery.
VII. CARE AND SAFEKEEPING
The artwork will receive the same degree of care and preservation given to comparable
outdoor, weather-exposed objects owned by the City, but the City will assume no
responsibility for loss or damage due to theft, malicious mischief, negligence, carelessness,
acts of God or other causes, unless specifically covered by insurance, but then only to the
limits of such insurance. Lender agrees to indemnify, save and hold harmless the City from
any and all losses, damages, suits, actions, claims or expenses of every kind arising out of loss
or damage, unless specifically covered by insurance, as set forth in Section X of this
Agreement. In the event of any loss or damage of the artwork resulting in payment to Lender
by the City or the City’s insurance, Lender agrees that the City shall be subrogated to, and the
Lender shall assign to the City all of the Lender’s rights of recovery against any person or
entity, including the right to bring a suit against any person or entity in conjunction with the
payment for the loss or damage.
VIII. REPAIR
In the event that either the City or the Lender decides that the artwork requires repair in order
to preserve public safety or to preserve the artwork, the Lender shall be given the first
3
opportunity to make the necessary repairs under City supervision and within a reasonable time
under the prevailing circumstances. If the Lender has not completed satisfactory repairs in a
reasonable time after notification that such repairs are required, then the City reserves the right
to repair the artwork or to remove it to a safe location for storage. Except for the repairs
specified herein, the City will not clean, retouch, or alter the artwork without consent of the
Lender.
IX. CITY DISCRETION
In the event that, in the City’s discretion, the artwork presents a hazard to public safety,
maintenance of the park, or activities within the park, the City may remove the artwork and
place it in storage. The City will make efforts to notify the Lender in advance of the removal.
X. INSURANCE AND LIABILITY
The City will insure the artwork against casualty loss at a value declared by the Lender, but the
amount specified by the Lender must reflect fair market value, and insurance coverage shall in
no instance exceed $10,000 per artwork. At the City’s option, the City may self-insure the
artwork, but in no instance shall the City’s liability for casualty loss exceed $10,000 per
artwork. The Lender agrees that in the event of loss or damage, recovery shall be limited to
such amount, if any, determined by the insurer, hereby releasing the City from any further
liability for claims arising from the loss or damage, and save and hold harmless the City from
any and all losses, damages, suits, actions, or expenses of any kind arising out of any casualty
to said artwork.
XI. PUBLICITY
The artwork may be photographed or otherwise graphically reproduced by the City for
educational purposes. It is understood between the parties that artworks in the exhibition may
be photographed by the general public.
XII. INTERPRETATION AND CONFLICT OF LAWS
This Loan Agreement cannot be modified except by written instrument and it shall be
interpreted according to the laws of the State of Iowa.
Lender acknowledges that they have full power to make this loan, that they have read the
conditions contained in this Loan Agreement, and that they agree to abide by the terms and
conditions contained herein.
IN WITNESS HEREOF:
LENDER: CITY OF AMES
BY: ___________________________ BY: ___________________________
Cameron Gray Brian Phillips, Assistant City Manager
DATE: _________________ DATE: _
ITEM # ___22__
DATE 09-13-22
COUNCIL ACTION FORM
SUBJECT: AMENDMENT NO. 1 TO BIODIESEL SUPPLY AND TANK LEASE
AGREEMENT WITH RENEWABLE ENERGY GROUP INC.
BACKGROUND:
In 2019, the City Council approved a unique agreement with Renewable Energy Group
Inc. (REG) of Ames, to conduct a B100 biodiesel pilot project. The project’s goal is to
reduce the carbon intensity of select City-owned diesel trucks by implementing new
technology to use 99.9% biodiesel (B100) in lieu of petroleum diesel. The B100 Pilot
Project has used nearly 36,000 gallons of B100 fuel in 12 City-owned trucks,
offsetting 352 metric tons of carbon from petroleum fuel. Therefore, the project
data has shown the use of B100 in conjunction with the new technology to be a
cost-effective way to significantly reduce the City’s carbon footprint.
The original agreement included the lease of one 12,000-gallon fuel tank and dispenser
from REG for $1 per year installed at the Maintenance Facility for the duration of the
project. Additionally, REG became the exclusive provider to the City for 100% of the B100,
at the agreed price of 5 cents below the Iowa DOT Des Moines Rack P rice for #2 Ultra
Low Sulfur Diesel. The term of the agreement ended September 9, 2022.
Since the pilot project has begun, the B100 equipment has been installed on the City’s
entire snowplow fleet. The use of B100 has allowed for the reduction of the City’s carbon
footprint while not impacting service levels.
REG has proposed an extension to the current agreement of two years (until
September 9, 2024). The fuel tank would continue to be leased for $1 per year
during that time. However, the proposed price for B100 would increase from a 5-
cent discount to a price equal to the Des Moines area Gross Rack Average price
per gallon for #2 Ultra Low Sulfur Diesel (ULSD), as published by the Iowa DOT.
ALTERNATIVES:
1. Approve Amendment No. 1 to Biodiesel Supply and Tank Lease Agreement to
extend the B100 tank lease until September 9, 2024 and a purchase price that is
equal to the Des Moines area Gross Rack Average price per gallon for #2 Ultra
Low Sulfur Diesel (ULSD), as published by the Iowa Department of Transportation.
2. Reject Amendment No. 1 and direct staff to purchase a B100 tank and bid for the
supply of B100 fuel.
CITY MANAGER’S RECOMMENDED ACTION:
The B100 pilot project has resulted in no reduction in service levels, while reducing
the City’s carbon footprint. The proposed contract allows for the City to obtain
supplies of B100 at costs competitive with the cost of conventional diesel fuel. The
City Council has adopted a statement that it values environmental sustainability.
In addition, one of the proposed tasks identified in the Climate Action Plan is to
reduce vehicle emissions by increasing the use of biodiesel by 5% each year. The
continuation of the B100 project supports the City Council goal of Environmental
Sustainability.
Therefore, it is the recommendation of the City Manager that the City C ouncil adopt
Alternative #1 as described above.