HomeMy WebLinkAbout~Master - November 8, 2022, Regular Meeting of the Ames City CouncilAMENDED
AGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS – CITY HALL
NOVEMBER 8, 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 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 “Small Business Saturday” November 26, 2022
2. Proclamation for “World Pancreatic Cancer Day” November 17, 2022
3. Proclamation for “Ames Philanthropy Day” November 17, 2022
4. Proclamation for “Hunger and Homelessness Awareness Week” November 13-19, 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.
5. Motion approving payment of claims
6. Motion approving Minutes of Regular Meeting on October 25, 2022, and Special Meeting on
November 3, 2022
7. Motion approving Change Orders for period October 16-31, 2022
8. Motion approving Civil Service Candidates
9. Motion approving new 12-Month Class C Liquor License with Sunday Sales and Outdoor
Service – Wasabi Ames, 926 S. 16th Street
10. Motion approving new 12-Month Class C Liquor License - Ames Pool Hall – 125 Main Street,
Pending Final Inspection
11. Motion approving ownership update for Class E Liquor License, Class C Beer Permit
(Carryout Beer), Class B Wine Permit and Sunday Sales – Kum & Go #7706, 2320 Lincoln
Way Suite 103
12. Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a. Class E Liquor License – AJ’s Liquor III, 201 “A” Chamberlain Street
b. Class B Native Wine Permit with Sunday Sales – Chocolaterie Stam, 230 Main Street
c. Class E Liquor License, Class B Wine Permit, Class C Beer Permit (Carryout Beer) and
Sunday Sales – Kum & Go #7706, 2320 Lincoln Way Suite 103
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d. Class C Liquor License with Sunday Sales & Outdoor Service – Time Out – Ames, 120
Kellogg Ave Pending Dramshop Review
13. Resolution approving Addendum to Iowa DOT Funding Agreement for TAP funding for the
2021/22 Shared Use Path System Expansion – Ioway Creek
14. Resolution approving revised WIF Grant Agreement with Iowa Finance Authority for Storm
Water Erosion Control Program (Ioway Creek 6th Street to 13th Street – Brookside Park)
15. Resolution awarding contract to Eide Bailly LLP of Dubuque, Iowa, to audit the City’s
Financial Statements for Fiscal Year ending June 30, 2022, in the amount of $61,800
16. Parks and Recreation Administration Building Siding Replacement Project
a. Resolution approving reallocating funding in the amount of $7,763 from the Ada Hayden
Heritage Park Wetland Dredging Project
b. Resolution accepting report of bids and awarding contact to TMJ Construction Services,
Ames, Iowa for the Parks and Recreation Administration Building Siding Replacement
Project in the amount of $57,762.39
17. Resolution authorizing staff to close a section of Duff Avenue, as needed, to facilitate the
completion of the Power Plant sanitary sewer connection
18. Resolution approving Union Pacific Railroad Construction and Maintenance Agreement for
the 24th Street Crossing
19. Resolution approving Plans and Specifications for 2022/23 Asphalt Street Pavement
Improvements (28th Street) and establish December 7, 2022, as date of letting and December
13, 2022, as the date for report of bids
20. Resolution approving Preliminary Plans and Specifications for CyRide HVAC Improvements,
Phase III Project setting December 14, 2022, as bid due date and January 10, 2023, as date of
public hearing.
21. Resolution approving contract & bond for Relocation of 161kV Transmission Line from Ames
Plant to NE Ankeny
22. Resolution approving partial completion and reducing financial security for Domani
Subdivision 1st Addition
23. Resolution accepting completion of Unit #8 Crane Renovation
24. Resolution accepting completion of 2021/22 Shared Use Path Maintenance Program
25. Resolution accepting completion of 2021/22 Pavement Restoration Program – Slurry Seal
Program
26. 2019/20 Sanitary Sewer Rehabilitation (Basin 10)
a. Resolution approving Change Order No. 2
b. Resolution accepting project as completed
27. Resolution setting date of Public Hearing for November 22, 2022, to enter into a State
Revolving Fund Clean Water Loan and Disbursement Agreement in an amount not to exceed
$12,700,000
28. Resolution setting date of Public Hearing for November 22, 2022, to enter into a State
Revolving Fund Drinking Water Loan Agreement in an amount not to exceed $8,500,000
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
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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.
FINANCE:
29. Resolution authorizing and approving a Loan Agreement, providing for the sale and issuance
in an amount not to exceed $13,400,000 General Obligation Corporate Purpose Bonds, Series
2022A, and providing for the levy of taxes to pay the same
ADMINISTRATION:
30. Ames Municipal Airport
a. Resolution renaming the Ames Municipal Airport to James Herman Banning Ames
Municipal Airport
b. Resolution authorizing $7,400 from the City Council Contingency for the Airport signage
changes
31. Resolution naming the Downtown Plaza as Steven L. Schainker Plaza
POLICE:
32. Motion approving/denying renewal of Class E Liquor License with Class B Wine Permit,
Class C Beer Permit (Carryout Beer) and Sunday Sales – Neighborhood Liquor & Smokes,
3505 Lincoln Way Suite 105
PLANNING AND HOUSING:
33. Staff Report on Downtown URA Criteria
34. Resolution approving Urban Renewal Area Plan for 2105 and 2421 North Dayton Avenue
(small lot industrial subdivision)
a. Resolution of Necessity to initiate proceedings for creating Urban Renewal Area
b. Motion to refer Draft Plan to Planning & Zoning Commission
c. Motion appointing Director of Planning and Housing as the City’s representative for
Consultation Meeting
d. Resolution setting December 13, 2022, as date of public hearing for Urban Renewal Plan
35. Ansley Subdivision (3210 Cedar Lane)
a. Resolution approving the agreement to accept the transfer of approximately 59.7 acres of
land for Ansley development from Xenia Rural Water to City of Ames
b. Resolution approving Preliminary Plat for Ansley Subdivision located at 3210 Cedar
Lane
HEARINGS:
36. Hearing on Ames City Hall Interior Updates:
a. Motion to Reject all bids and direct staff to work internally or with small bid packages to
complete work
37. Hearing on Emma McCarthy Lee Park Tennis and Pickleball Courts Renovation:
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a. Motion to approve report of no bids and direct staff to modify the plans and/or the
completion date based on feedback from plan holders with intent to rebid at a later date
38. Hearing on 2022 CDBG Consolidated Annual Performance Report (CAPER)
a. Resolution approving the submittal of the City’s 2021/22 CAPER
ORDINANCES:
39. Second passage of ordinance Amending Section 24.18 for the boundary of Ames 5th Tax
Increment Financing District (ISU Research Park Phase III) (third reading and adoption of
ORDINANCE NO. 4481 requested)
40. Second passage of ordinance Rezoning of 3700-5898 E. Lincoln, 799 Teller Avenue, and 220
& 420 South Avenue Agricultural (A) to Intensive Industrial (II)
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 REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA OCTOBER 25, 2022
The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00
p.m. on the 25th day of October 2022, in the City Council Chambers in City Hall, 515 Clark
Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher,
Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Member Bryce Garman was also present.
CONSENT AGENDA: Moved by Betcher, seconded by Beatty-Hansen to approve the following
items on the consent agenda.
1. Motion approving payment of claims
2. Motion approving Minutes of Regular Meeting on October 11, 2022
3. Motion approving Change Orders for period October 1-15, 2022
4. Motion approving new Class C Liquor License with Sunday Sales – Staybridge Suites Ames,
2111 Isaac Newton Drive Pending Dram Shop Insurance
5. Motion approving Premise Update – Inside Golf, LLC Class C Liquor License with Sunday
Sales – 2801 Grand Avenue, Suites 1040, 1045, 1075 & 1085, Pending Dram Shop Insurance
6. Motion approving Ownership Update – Target Store T-1170 Class E Liquor License, Class C
Beer Permit, Class B Wine Permit with Sunday Sales – 320 S Duff Avenue
7. Motion approving request from ISU Homecoming Central Committee for Fireworks Permit
for display from ISU Central Campus at midnight on Friday November 4, 2022, for Mass
Campaniling
8. Computerized Maintenance Management Software
a. Motion waiving Purchasing Policies and Procedures requirement for competitive bids
b. RESOLUTION NO. 22-548 awarding 3-Year contract to Limble Solutions, LLC, Lehi,
Utah in the amount of $88,200
9. RESOLUTION NO. 22-549 approving Encroachment Permit Agreement for Awning at 317
Main Street
10. RESOLUTION NO. 22-550 approving renewed 28E Agreement for Tobacco, Alternative
Nicotine, and Vapor Product Enforcement between the Police Department and the Iowa
Alcoholic Beverages Division
11. RESOLUTION NO. 22-553 approving Purchase Order in the amount of $135,000 to SCS
Engineers of Clive, Iowa to provide consulting services for City’s Steam Electric Plant’s Ash
Site necessary to comply with U.S. EPA’s Coal Combustion Residuals Rule (CCR)
12. RESOLUTION NO. 22-554 approving Plat of Survey for 3600 University Boulevard
13. RESOLUTION NO. 22-555 re-approving the grant agreement with Iowa Finance Authority
for Moore Memorial West Land in the amount of $61,500
14. RESOLUTION NO. 22-556 approving quarterly investment report for period ending
September 30, 2022
15. RESOLUTION NO. 22-557 approving and adopting Supplement No. 2022-4 to the Ames
Municipal Code
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16. RESOLUTION NO. 22-558 setting the date for the sale of General Obligation Corporate
Purpose Bonds, Series 2022A and authorizing the use of a preliminary official statement in
connection therewith
17. RESOLUTION NO. 22-559 approving Final Completion of 2021/22 Traffic Signal Program
– S. 4th & University
18. RESOLUTION NO. 22-560 approving Final Completion of 2020/21 City Hall Parking Lot
Expansion
Roll Call Vote: 5-0. Motion/Resolutions declared carried/adopted, signed by the Mayor, and
hereby made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened and closed the Public Forum when no one came forward
to speak.
DISCUSSION ON NAMING THE DOWNTOWN PLAZA: Mayor Haila raised the naming of
the Downtown Plaza for consideration. The Parks and Recreation naming criteria and procedure
process allow for naming for historic figures in the community, as well as outstanding individuals,
and the Mayor expressed his belief that his suggestion fits both of these criteria. Mayor Haila
proposed naming the Dowtown Plaza the Steven L. Schainker Plaza. This would recognize City
Manager Steve Schainker’s 40 years of continuous service to the City. Both former Mayors Ann
Campbell and Ted Tedesco fully endorsed this recognition. The Mayor raised highlights from City
Manager Schainker’s career, and observed on a personal note that he has never worked with
someone so resolute in their commitment to integrity and doing what is best for citizens. Mayor
Haila stated that the plaza naming would be a fitting accolade for City Manager Schainker’s service
and contributions to the City, and invited the City Council to comment on the proposed naming.
Council Member Betcher commented that she wholeheartedly supported the Mayor’s
recommendation, noting that City Manager Schainker is coming up on being the longest-serving
City Manager in the country, and his long tenure speaks to his integrity and ability to work with
others.
Council Member Beatty-Hansen shared that on her initial tour of facilities as a Council Member,
she was struck by City Manager Schainker’s connection with staff. She noted that he has been a
model of service both to citizens and to the City Council, navigating tensions with decorum and
consideration. She expressed that Ames would not be what it is today without him.
Council Member Gartin echoed what others said, noting that the City has outstanding staff because
of an outstanding City Manager who sets the tone. He highlighted City Manager Schainker’s strong
commitment to fiscal discipline, and shared that his commitment to both staff and the community
made it very difficult for him to send first responders into dangerous situations to provide
necessary services through the Covid-19 pandemic.
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Council Member Junck commented that City Manager Schainker has been an exemplary City
employee throughout the decades, putting what is best for the City of Ames first and leading with
thoughtfulness and care. She said that she cannot think of anyone more fitting for the plaza naming.
Council Member Rollins noted that a conversation with City Manager Schainker about why he has
served Ames for 40 years was very impactful in her decision to run for the City Council, as it
highlighted an inviting style of leadership.
Mayor Haila noted that the usual naming procedure starts with Parks and Recreation staff, then
moves to the Parks and Recreation Commission before coming to the City Council. Mayor Haila
recommended waiving the procedures in the Parks and Recreation Naming Policy Section 5(a-b)
and directing staff to provide a resolution at the next City Council meeting.
Moved by Betcher, seconded by Junck, to waive the procedures in the Parks and Recreation
Naming Policy Section 5(a-b), and directing staff to present a resolution to the City Council for
consideration on November 8th, 2022 to name the City of Ames Downtown Plaza after Steven L.
Schainker.
Vote on Motion: 5-0. Motion declared carried unanimously.
THE LINC DEVELOPMENT PROJECT: Planning and Housing Director Kelly Diekmann
stated that staff is looking to the City Council for direction based on the detailed report of The Linc
Development Project at the previous City Council meeting.
Mayor Haila opened the Public Input.
Susie Petra, 2011 Duff Avenue, Ames, spoke against moving forward with The Linc Development
Project at this time, asking for an occupancy rate study, involvement of Iowa State University
urban planners and architects, and a 3D model of the development so that the public can be more
fully informed about the project.
Sue Ravenscroft read a letter from Merlin Pfannkuch, 1424 Kellogg Avenue, Ames, with the
Mayor Haila’s permission, speaking against moving forward with The Linc Development Project.
Mr. Pfannkuch expressed concern about the density of the project, the riskiness of the subsidies
and unreliability of revenue projections, and the speed of project development.
Council Member Corrieri entered the meeting at 6:20 p.m.
Sue Ravenscroft, 455 Westwood Drive, Ames, spoke against moving forward with The Linc
Development Project at this time, asking for more time for public input. She commented that the
revenue projections seem wildly optimistic and asked for more credible projections. She also stated
her belief that CyTown will be in direct competition with the Linc.
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Dan Culhane, President and CEO of the Ames Chamber of Commence, 304 Main Street, Ames,
spoke in favor of moving forward with The Linc Development Project, noting that peer
communities have benefited tremendously from transformational downtown projects like this. He
noted that the developers working on the project are invested in the local community, and the
project will accentuate the attractiveness of downtown.
Kevin Bourke, President and CEO of Discover Ames, 1601 Golden Aspen Drive #110, Ames,
spoke in favor of moving forward with The Linc Development Project, noting that the hotel will
be crucial for promoting the community to outside groups and visitors. He shared that Discover
Ames recently lost two groups who were interested because there was not a hotel within walking
distance of retail, restaurants, and nightlife. He stated his belief that CyTown will not compete
with the project, but rather enhance it.
Chuck Winkleblack, Hunziker and Associates, 105 S 16th Street, Ames, spoke in favor of moving
forward with The Linc Development Project. He shared that the developers have invested
significant time meeting with hoteliers and restauranteurs to inform their design decisions, and the
designs have changed over time to accommodate many of the issues that those speaking against
the project raised. He stated that this project is a great way to achieve the goals of the Lincoln Way
Corridor Plan, and reminded everyone that this decision is not the end of public input. Moving
forward with plans will allow more concrete design planning to share with the public for feedback.
Mayor Haila closed Public Input when no one else came forward to speak.
City Manager Schainker clarified that staff was looking for a motion on whether or not to proceed.
Council Member Junck expressed interest in adding a motion regarding electric charging stations
in the Phase 1 plan.
Council Member Beatty-Hansen thanked those who spoke during public input for sharing their
concerns. She noted that increasing density is key for sustainability, and this project has value in
increasing the density in the core of the City.
Council Member Betcher stated that she shared the concerns of the commenters about the scale of
the project, but the zoning decision was made previous to this project. She noted that there have
been unsuccessful attempts to increase density by adding housing in the upper story of downtown
buildings, so she recognized the merit of the sustainability argument. If infill is necessary,
downtown is a good place for it. Ms. Betcher also commented that other Main Street communities
around the country have seen economic benefits from similar developments downtown.
Council Member Rollins invited City Manager Schainker to comment on the role the Tax
Increment Financing (TIF) plays in the project and how the contract will protect against empty
retail space. City Manager Schainker explained that TIF rebates are not an incentive he would
recommend for many projects, but a catalytic project like this deserves extraordinary incentives.
He noted that the City Council set the Lincoln Way Corridor as a priority, and this project addresses
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that. The magnitude of investment and positive impact on downtown will be worthwhile, in his
estimation. City Manager Schainker noted that provisions have been added to the contract to
require the developer to keep 70% of all retail space leased to sales tax generating businesses at
all times. Falling below 70% would put the developer in default of the agreement and put their TIF
rebate in jeopardy. This is a strong incentive for the developer to ensure that the retail space is
occupied.
Council Member Corrieri stated that this project puts the City at the point of realizing the vision
for the rezoning and Lincoln Way Corridor Plan. She shared that many residents and downtown
business owners have expressed positive feedback on this project. She noted that Ames is behind
other peer communities in terms of investment in downtown, and she was excited to see this project
move forward.
Council Member Betcher clarified that, per discussions on the Discover Ames board, hoteliers in
the area generally agreed that the hotel in the Linc Development Project will not directly compete
with CyTown because boutique hotels attract a different share of the market.
Moved by Gartin, seconded by Junck, to approve proceeding with the project.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Junck, seconded by Rollins, to have the developer identify how many electric charging
stations will be included in Phase 1 and write that into the agreement.
Vote on Motion: 6-0. Motion declared carried unanimously.
STAFF REPORT ON URBAN FRINGE PLAN: Director Diekmann summarized the history of
the Urban Fringe Plan, noting that updates were required since the completion of the Ames Plan
2040. In February 2022, staff presented a recommendation of a joint effort to plan with Story
County and the City of Gilbert. The Story County Board of Supervisors provided bullets, the City
Council gave input, and staff worked to put together a draft plan. In May, a joint public draft was
released, and the Story County Board of Supervisors organized public meetings for extensive
public input, which was gathered into a report. In June, the City Council voted to extend the 28E
Agreement until November 7th, 2022, while Story County was cataloguing the public comments.
The Story County Board of Supervisors proposed changes to the draft based on public comments,
and staff asked the City Council to consider these changes and decide how to proceed.
The Story County Board of Supervisors sent changes to the draft in a letter, which staff
characterized as focusing on three main topics: limiting the Urban Reserve overlay and annexation,
map designations, and other.
Director Diekmann discussed the first topic: limiting the Urban Reserve overlay and annexation.
He noted that staff brought the concept of an Urban Reserve to this draft directly from the Ames
Plan 2040 document that the City Council has previously approved. An Urban Reserve is an area
of potential city growth beyond the first phase of growth. This is important for the City to maintain
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flexibility in growth. Staff requested that the City of Ames retain annexation authority over the
Urban Reserve so that annexation within that designation would not require a comprehensive
amendment to the joint Urban Fringe Plan. Staff also requested that Story County consider future
zoning amendments to limit conditional uses that would be generally incompatible with urban
development. These requests were both in the draft Plan, but the Story County Board of
Supervisors has pulled back on these items following public input. Additionally, the City of Gilbert
views the area north of 190th Street as an area for their exclusive annexation. The Fringe Plan
currently designates it as annexable, but does not specify who has annexation priority. The Story
County Board of Supervisors did not take a position on who should be able to annex that area; they
only requested that the area not be considered Urban Reserve for the City of Ames.
Director Diekmann proceeded to the second topic of map designations. The Story County Board
of Supervisors requested a number of changes. Bullet 6 proposes changing the designation of the
former Champlin property to Ag and Farm Services, but City staff disagreed because water and
sewer lines already exist in the area. It would be easily serviceable, so the City should be allowed
to annex it. Bullet 6 also suggests changing Meadow Glen to Rural Residential-existing, which
would preclude annexation. Staff does not agree with this, as it may prevent future annexation to
the south of Meadow Glen. There is no direct intention to annex Meadow Glen; however, future
expansion southward may require annexing Meadow Glen to meet state requirements for other
annexations. Staff accepts Bullets 7, 10, 11, 12, and 13 (see Council Action Form #21). Bullet 13
removes parcels from outside of the 2-mile radius of City boundaries from the Urban Reserve,
matching the original intention for the Urban Reserve.
Director Diekmann raised the third topic of other issues. Bullet 4 reasserted Story County’s right
to make its own recommendation whenever the City of Ames submits an annexation application
to the state. This is not a change from the existing Plan. Regarding Bullet 9, staff would only
support the allowance for accessory dwelling units or second homes for Ag and Farm Service areas
that would not likely become part of the City. Story County has exclusive authority over this type
of zoning issue unless a mutual agreement is worked out in the 28E Agreement. Bullet 14 raised
concerns for City staff about expanding conditional uses that would conflict with urban growth.
Director Diekmann discussed four options for City Council to consider in response to the Story
County Board of Supervisors’ letter:
• Option 1: Update Plan with only subdivision policies for all areas within the Fringe
• Option 2: Update Plan with City specific edits to the draft for City Council approval
• Option 3: Discontinue the update process and let the Fringe Plan dissolve
• Option 4: Hold a Joint Meeting with the Story County Board of Supervisors and City of Gilbert
Director Diekmann indicated that in addition to selecting one of these options, the City Council
also needed to make a decision about extending the 28E Agreement, which is set to expire
November 7th, 2022.
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Director Diekmann clarified for Mayor Haila that the 28E Agreement has two benefits.
Administratively, the Urban Fringe plan delegates authority to the county for remote cases that
will not affect City growth. The more significant benefit is the ability to cooperatively plan for the
region with a logical, coherent, and consistent vision for expansion. He then clarified for Council
Member Gartin the downsides of not having the agreement, noting that the City would be limited
to subdivision review, and Story County would have no obligation to coordinate with staff on land
use control.
The City Council Members discussed how to respond to the letter from the Story County Board of
Supervisors. Council Member Gartin voiced concern that the letter is discordant with City needs
and priorities that coordination may not be possible. Council Member Betcher disagreed, raising
an email received by the City Council Members from Story County staff shortly before the City
Council meeting began. Council Members Gartin and Corrieri and Mayor Haila expressed
reservations about considering the email in the discussion, as there had not been sufficient time to
read or consider it. Council Member Beatty-Hansen suggested that Option 1 may be the easiest
way to align interests and maintain collaboration. Council Member Junck voiced support for
Option 2, allowing staff to draft a counter-proposal that kept the City’s priorities clear while
finding some room for compromise. Council Member Rollins expressed interest in this approach
as well. Council Member Corrieri suggested an alternative to Option 3, proposing that the City
Council could reject the proposal letter from the Story County Board of Supervisors. This would
leave the door open for them to come back with a proposal that may be more amenable to the
City’s interests. She also expressed concern that Option 2 would put staff in a difficult position of
navigating conflict amongst policymakers. Director Diekmann clarified that if the City Council
selected Option 2, he would return with a draft for the November 22nd, 2022, City Council meeting.
Mayor Haila asked if Director Diekmann was comfortable writing a draft for Option 2, recognizing
Council Member Corrieri’s concern. Director Diekmann responded in the affirmative, noting that
he would write from the perspective of the Ames Plan 2040.
Moved by Betcher, seconded by Junck, to select Option 2 and direct staff to update the Plan with
City specific edits to the draft for City Council approval.
Vote on Motion: 4-2. Motion declared carried.
City Manager Schainker clarified for Council Member Gartin that extending the 28E Agreement
would mean extending the current Urban Fringe Plan, which is inconsistent with the Ames 2040
Plan. Council Member Gartin responded that he did not see significant long-term consequences to
letting the 28E Agreement expire.
Moved by Betcher, seconded by Junck, to adopt RESOLUTION No. 22-562 extending the Ames
Urban Fringe 28E Agreement until January 1, 2023.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
STAFF REPORT ON FRONT YARD PARKING AND DRIVEWAY STANDARDS:
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Director Diekmann presented an update on front yard parking and driveway standards, seeking
further direction on details before finalizing a new Zoning Ordinance draft for approval by the City
Council. Following a staff report on the topic in July, the City Council directed staff to include the
following in the front yard parking and driveway standards update:
• Allow for existing driveway configurations to be permitted as preexisting
• Allow for additional flared parking (to the side of the driveway) when not in front of a house
• Limit second curb cuts to when a property has at least 150 feet of frontage
• Set new standards for a minimum driveway exception of at least two cars (20 feet wide) for all
properties unless there is compliant two-car parking in a rear yard
• Create a driveway permit process enforceable by the Director of Planning and Housing
Director Diekmann reported that the Planning and Zoning Commission reviewed the proposed
changes at its September 21st, 2022 meeting, voting to support all of the above changes except for
the 20-foot driveway exception. Specifically, the Commission did not support allowing parking to
extend in front of the house. Staff requested direction on whether to move forward with the
Planning and Zoning Commission’s recommendation, or with the City Council recommendation
from July.
Director Diekmann clarified that flared parking is a wing of a driveway jutting off toward the
adjoining property. Current regulation allows the flare to go as far as the property line, not
imposing a cap on the footage. Staff proposed the 20-foot allowance to extend in front of the house
for cases where there is not much room between the existing driveway and property line, meaning
a flare could not add a full parking space.
Council Member Beatty-Hansen stated her belief that the City should not encourage more parking
than already exists, but it is important to allow residents to repair existing parking by changing the
verbiage from nonconforming to preexisting. Director Diekmann confirmed that designating
existing driveways as preexisting would allow owners to replace or repair for one year, which the
nonconforming designation would not allow.
Mayor Haila opened and closed Public Input when no one came forward to speak.
Moved by Beatty-Hansen, seconded by Betcher, to direct staff to proceed changing the language
from nonconforming to preexisting.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Betcher, seconded by Rollins, to allow for 20-foot driveway width so long as it does
not encroach in front of the home.
Vote on Motion: 5-1. Motion declared carried.
Moved by Betcher, seconded by Gartin, to approve staff changes for single and two-family houses
A-E and other parking and parking lot related issues A-D.
Vote on Motion: 6-0. Motion declared carried unanimously.
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The meeting recessed at 8:00 p.m. and resumed at 8:06 p.m.
PRESENTATION OF FINDINGS OF GRAND AVENUE INTERSECTIONS
IMPROVEMENT STUDY: Traffic Engineer Damion Pregitzer introduced Civil Engineer Mark
Gansen and Mike Forsberg of HDR to discuss the findings of the Grand Avenue Intersections
Improvement Study.
Mr. Forsberg explained that the Study covers a group of projects along Grand Avenue addressing
similar safety issue trends and desire for multimodal accommodations along the corridor. The
Study Methodology examined the section of Grand Avenue from 9th Street to 24th Street, taking
into account historical safety analysis and mitigation strategies, operations analysis for the year
2045 (AAMPO MTP horizon year), and improvements development and screening. These
generated recommended improvements, which received public feedback at an Open House on
April 28th, 2022. The final Report and Implementation Plan reflects data from all of these sources.
Mr. Forsberg shared the results of the Study intersection by intersection. All of the studied
intersections included the Key Improvement of a shared-use path on the west side of Grand
Avenue. The 9th Street Intersection currently falls in the Iowa Department of Transportation’s
(IDOT) Tier 2 of Potential for Crash Reduction (PCR) Values. This category means there is
potential for safety improvement, but change is less urgent than Tier 1 intersections. The Study
recommends the improvement of a leading pedestrian interval, which will increase bike and
pedestrian awareness in the crosswalk.
Council Member Gartin stated that this intersection is key from a bike perspective because this is
where most choose to cross Grand Avenue. Engineer Pregitzer commented that this Study is a
snapshot of the general direction for improvements. As each intersection project begins in earnest,
staff will conduct a full multilevel process of planning and public feedback. He also clarified for
Mayor Haila that this corridor plan leverages the Intelligent Transportation System (ITS)
improvements that are currently being installed. Engineer Gansen clarified for Council Member
Betcher that once the shared use path is constructed, responsibility for clearing snow off of the
path will fall to the Parks and Recreation Department. Snow storage is also a design consideration
in the projects.
Mr. Forsberg discussed the 13th Street Intersection, observing that it fell into IDOT’s PCR Tier 1.
The intersection is concerning from both safety and efficient operations perspectives, so significant
build improvements are required. The Study recommended adding left turn lanes in all directions,
a new traffic signal, and a leading pedestrian interval. Engineer Pregitzer explained that this plan
implemented lowest impact design, requiring significantly less right-of-way acquisition than the
failed 2007 plan for this intersection. He also clarified for Council Member Betcher that IDOT did
not raise a need for a median at this intersection even though it was required for the South Duff
Avenue and US 30 intersection because that intersection experiences much heavier traffic.
10
Mr. Forsberg explained that the 16th Street Intersection also fell into the PCR Tier 1, experiencing
a high percentage of more dangerous angle crashes. The Study suggests adding a raised median on
Grand Avenue to eliminate left and right turns in order to eliminate the angle crashes. Public
feedback generally opposed eliminating east and west bike and pedestrian crossing. Engineer
Pregitzer clarified that a raised median would not be a permanent solution; further study after
improvements to the 13th and 20th Street intersections would be required. Mayor Haila expressed
concern that Ames High School traffic diverted from this intersection would instead turn at 15th
Street, meaning the median would merely shift rather than mitigate crashes. Engineer Gansen
noted that a common theme in public feedback was using 16th Street in order to avoid 13th Street
or 20th Street. Addressing those larger intersections is expected to take pressure off of this one.
Mr. Forsberg addressed the 20th Street Intersection, noting that it also fell into the PCR Tier 1. The
Study suggests adding left turn lanes on Grand Avenue, restriping 20th Street for left turn lanes,
and a leading pedestrian interval. Engineer Pregitzer noted that staff has planned for these
improvements, as the current signal is offset to allow for these changes. Council Member Gartin
observed that this intersection is near elementary schools, so pedestrian safety is extremely
important. Engineer Pregitzer clarified for Council Member Betcher that the speed limit on Grand
Avenue is set by IDOT, and staff did not believe that the speed limit is a significant contributing
factor to the crashes at this intersection.
Mr. Forsberg observed that the 24th Street Intersection fell into PCR Tier 2. The Study suggests
restriping 24th for dedicated left-turn lanes, new traffic signals, three lanes on 24th Street east to
Jensen Avenue, decreasing the southwest corner radius, and a leading pedestrian interval.
Engineer Pregitzer clarified for Mayor Haila that the property owners of the potential right-of-way
acquisitions for the 13th Street improvements are aware of the project. Engineer Gansen contacted
the church, which was interested in selling, and the two other properties serve as rentals, so no
owner-occupied properties will be acquired. Many of the homeowners who will be affected by
easements participated in the public input process.
Mayor Haila opened Public Input.
Lynn Burnett, 2816 Greensboro Drive, Ames (formerly 703 12th Street, Ames), spoke in favor of
preserving the old growth trees along Grand Avenue. He agreed that safety is important, but also
hoped that the aesthetics of old growth trees and Ames’ status as a Tree City would be considered.
Mayor Haila closed Public Input.
Moved by Gartin, seconded Beatty-Hansen, to accept the Study findings as summarized in the
Study Report and Implementation Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
11
STAFF REPORT ON STANGE ROAD PEDESTRIAN IMPROVEMENTS: Engineer
Pregitzer presented a staff report offering conceptual pedestrian improvements along Stange Road
near Crescent Park in the Somerset area. He noted that low-cost improvements have already been
implemented in this area, and despite this staff regularly fields complaints about walkability in this
area. When this village was planned, it was intended to be more walkable, and the boulevards were
meant to be single lane roads with parking. A change was made to have four lane roads due to the
imprecise traffic modeling that was available in that time. More precise modern modeling revealed
that the traffic level in this area does not and will not warrant a traffic signal.
Engineer Gansen described the idea of bringing this area closer to the original concept by reducing
down to one lane in each direction, dropping the outside lanes with a right turn lane at Aspen Road
and Northridge Parkway, and introducing four-way stops at both intersections. This plan would
also move CyRide stops to the center of Crescent Park and convert parallel parking to angled back-
in parking. Engineer Pregitzer clarified that this concept is preliminary; staff has not yet
approached CyRide or the Homeowners’ Association (HOA) which owns Crescent Park.
Council Member Gartin inquired about the importance of preserving Crescent Park. Engineer
Pregitzer noted that moving the CyRide stops to the center would open amenity space in Crescent
Park, a feature which was part of the original design but was not feasible to implement at the time.
Reintroducing this amenity space could be desirable to the HOA.
Council Member Gartin then inquired about traffic corridors and northern growth. Engineer
Pregitzer highlighted George Washington Carver Avenue as northward traffic corridor staff hoped
to promote, transferring commuter traffic from the mixed-use area on Stange Road to an arterial
street. Council Member Gartin recognized that George Washington Carver Avenue could be a
solution for northwesterly commuter traffic and inquired about plans for northeasterly commuter
traffic. Engineer Pregitzer responded that staff had not modeled all of the possibilities yet, as this
presentation was intended as a high-level concept to gather feedback and direction.
Council Member Rollins queried whether the four-way stop could be implemented without
dropping down to one through-lane. Engineer Pregitzer replied that he would not recommend it
because four-lane four-way stops increase confusion over right-of-way and make it more difficult
for drivers to pay attention to pedestrians.
Council Member Betcher expressed support for making the area more walkable. She shared some
concern about back-in parking spaces, but applauded the idea of adding communal gathering
space. She suggested that these changes may create opportunities to expand outdoor seating at
restaurants in the area as well.
Engineer Gansen clarified for Mayor Haila that the plan included installing Rectangular Rapid-
Flashing Beacon (RRFB) locations where Aspen Road and Northridge Parkway cross George
Washington Carver Avenue to improve pedestrian flow. An ADA-compliant crossing would be
added at Aspen Road and George Washington Carver Avenue as well.
12
Mayor Haila opened Public Input.
Grant Olson, 3812 Ontario Street, Ames, spoke in favor of moving forward with pedestrian
improvements in the area.
Mayor Haila closed Public Input.
Moved by Beatty-Hansen, seconded by Betcher to accept the report and direct staff to proceed
with the proposed Stange Crescent and George Washington Carver crossing improvements.
Vote on Motion: 6-0. Motion declared carried unanimously.
AMES-ANKENY 161 kV TRANSMISSION LINE RELOCATION IDOT I-35:
Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 22-551 approving
Reimbursement Agreement Addendum with IDOT for relocation of 161kV electric line for the
IDOT 1-35 Improvement Project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON AMES-ANKENY 161 kV TRANSMISSION LINE RELOCATION IDOT I-
35: Mayor Haila opened and closed the Public Hearing when no one came forward to speak.
Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 22-552, awarding contract
to Primoris Electric, Inc., Inver Grove Heights, Minnesota for the relocation of 161kV
Transmission Line from Ames Plant to NE Ankeny in the amount of $2,171,669.20.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
HEARING ON NUISANCE ASSESSMENT: Mayor Haila opened the Public Hearing and
closed the Public Hearing when no one came forward to speak.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION No. 22-561, assessing costs of
noxious weed removal and certifying assessment to the Story County Treasurer.
Roll Call Vote: 6-0. Resolution declared adopted, signed by the Mayor, and hereby made a portion
of these Minutes.
HEARING ON REZONING OF 3700-5898 E. LINCOLN WAY, 799 TELLER AVENUE,
AND 220 & 420 S. TELLER AVENUE AGRICULTRUAL (A) TO INTENSIVE
INDUSTRIAL (II): Planner Justin Moore clarified for Mayor Haila that the spotty nature of the
map was due to property ownership.
Mayor Haila opened and closed the Public Hearing when no one came forward to speak.
13
Moved by Corrieri, seconded by Betcher, to pass on first reading an ordinance on rezoning 3700-
5898 E. Lincoln Way, 799 Teller Avenue, and 220 & 420 S. Avenue Agricultural (A) to Intensive
Industrial (II).
Roll Call Vote: 6-0. Motion declared carried unanimously.
FIRST PASSAGE OF ORDINANCE AMENDING SECTION 24.18 FOR THE
BOUNDARY OF THE AMES 5TH TAX INCREMENT FINANCING DISTRICT (ISU
RESEARCH PARK PHASE III): Mayor Haila opened the Public Hearing and closed the Public
Hearing when no one came forward to speak.
Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance amending Section
24.18 for the boundary of the Ames 5th Tax Increment Financing District (ISU Research Park
Phase III).
Roll Call Vote: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were
five items to consider.
The first item was a letter from Lee Grassley, Mediacom Senior Manager of Government
Relations, providing notification of programming changes and rate adjustments for Mediacom
Telecommunications. Mayor Haila stated that this item was for information only and no action
was required.
The second item was an email from Matt Wetstein, President of Better Ballot Iowa, proposing a
special presentation for the City Council about ranked choice voting. Council Member Gartin
noted that State Code does not currently allow ranked choice voting, so this item could be revisited
if and when the Code changes.
The third item was a letter from Carolyn Klaus, President of the League of Women Voters of Ames
and Story County requesting the City to establish and fund a Climate Action Office. Council
Member Gartin commented that creating such an office may be necessary in the future, but it
would be premature right now.
The fourth item was an email from Karen Cantonwine regarding the facility use agreement
between Green Hills and Ames Parks and Recreation.
Moved by Gartin, seconded by Junck, to have Parks and Recreation Director Keith Abraham look
into it further.
Vote on Motion: 6-0. Motion declared carried unanimously.
The fifth item was a memo from City Attorney Mark Lambert regarding Mary Greeley Medical
Center’s request to amend the City of Ames Municipal Code to align with Chapter 392.6 of the
State of Iowa Code. City Attorney Mark Lambert explained that the City of Ames Municipal Code
conflicts with the State of Iowa Code at two points. The current Municipal Code sets the number
14
of trustees on the hospital board; however, in 2009, State Code changed the authority to set the
number of trustees on the Mary Greeley Medical Center Board of Trustees from City ordinance to
the Board itself. Further, current Municipal Code permits “any adult” to be a candidate for the
Board of Trustees; however, in 2003, State Code changed the requirements for who can be on the
Board of Trustees, describing eligible candidates as residents of the service area of the hospital.
City Attorney Lambert recommended granting Mary Greeley Medical Center’s request to amend
the Municipal Code.
Moved by Gartin, seconded by Betcher, to direct City Attorney Mark Lambert to draft an ordinance
making the requested changes to Municipal Code.
Vote on Motion: 6-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Ex officio Garman expressed excitement regarding the joint meeting
of the Ames City Council and the Iowa State University Student Government on October 26th,
2022.
Council Member Corrieri noted that Parks and Recreation would be hosting events for public
feedback as part of the ADA Transition Plan, collecting input on accessibility in facilities. The
events would be in the Farwell T. Brown Auditorium in the Ames Public Library for 2:00 p.m.
and 6:00 p.m. on October 26th, 2022 and at 10:00 a.m. on October 27th, 2022.
Council Member Gartin observed that the first No-Charge Yard Waste Day would be Saturday,
October 29th, 2022. Residents can dispose of yard waste at no charge at GreenRU, 400 Freel Drive,
from 8:00 a.m. to 4:00 p.m. Further information can be found on the City of Ames website.
Council Member Betcher noted that Iowa State University would be kicking off the Jack Trice
Centennial on Friday, November 4th, 2022 with an event dedicating the new Jack Trice statue at
the stadium. Mayor Haila will read a proclamation for the renaming of Jack Trice Way. Council
Member Betcher encouraged everyone to attend the event.
Mayor Haila announced that the 10th Annual Traditional Chinese Culture Festival would be held
Sunday, October 30th, 2022 from 2:00 p.m. to 4:00 p.m. in the Farwell T. Brown Auditorium of
the Ames Public Library. Assistant City Manager Deb Schildroth shared that the event would
feature food, music, and games for people of all ages, and it would be free and open to the public.
Assistant City Managed Schildroth reported that Ames Human Relations Commissioner Dr.
Chunhui Chen is excited for the event to be held in-person this year, and he extends an invitation
to the City Council and the public.
Mayor Haila noted that the Town Budget Meeting would be held in Council Chambers at 6:00
p.m. on Tuesday, November 1st, 2022, and encouraged everyone to attend the meeting.
Mayor Haila shared that the next Community Conversation About Mental Health would take place
on Monday, November 7th, 2022, from 6:30 p.m to 8:30 p.m at the Ames Water Treatment Plant,
15
1800 East 13th Street. The conversation would focus on education and resources, and Mayor Haila
shared that he is very excited that the Ames School District is partnering with the City for this
event.
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 20.17(3), Code
of Iowa, to discuss collective bargaining strategy.
Moved by Gartin, 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 9:46 p.m. and reconvened in Regular Session at
10:11 p.m.
ADJOURMENT: Moved by Corrieri, seconded by Betcher, to adjourn the meeting at 10:11 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Jeramy Neefus, Recording Secretary John A. Haila, Mayor
__________________________________
Renee Hall, City Clerk
MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA NOVEMBER 3, 2022
The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 12:00
p.m. on the 3rd day of November, 2022. As it was impractical for the Mayor and Council Members
to participate in the meeting in person, Mayor Haila and Council Members Gloria Betcher,
Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins were
brought in via Zoom. Ex officio Member Bryce Garman was absent.
TEMPORARY POLICIES FOR IBEW COLLECTIVE BARGAINING AGREEMENT
EMPLOYEES: Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 22-563,
approving Temporary Policies for IBEW Collective Bargaining Unit Employees.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: None.
COUNCIL COMMENTS: None.
ADJOURNMENT: Moved by Gartin, seconded by Corrieri, to adjourn the meeting at 12:02 p.m.
Vote on Motion: 6-0. Motion declared carried unanimously.
__________________________________ ____________________________________
Renee Hall, City Clerk John A. Haila, Mayor
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 2022/21 City Hall Parking
Lot Expansion (6th Street)
1 $306,300.56 All Star Concrete LLC $0.00 $1,506.97 J. Joiner KS
Public Works 2021/22 Traffic Signal
Program (S 4th St &
University Blvd)
1 $293,231.41 Voltmer, Inc. $0.00 $-(9,018.81) J. Joiner KS
$ $ $
$ $ $
$ $ $
$ $ $
Period: 1st – 15th
16th – End of Month
Month & Year: October 2022
For City Council Date: November 8, 2022
Item No. 7
MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA OCTOBER 27, 2022 The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson Mike Crum at 8:15 AM on October 27, 2022. As it was impractical for the Commission members to attend in person, Commission Chairperson Mike Crum and Commission Member Harold Pike and Kim Linduska were brought in telephonically. APPROVAL OF MINUTES OF September 22, 2022: Moved by Pike, seconded by Linduska, to approve the Minutes of the September 22, 2022, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Crum, seconded by Linduska, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Firefighter Michael Casey *84 Leah Pedersen 81 Noah Luther *80 Michael Rhodes 78 Maxwell Moulden 77 Kaylee Rynish *75 Jordan Estrada 74 Elliott Randall 74 Caleb Bartling 73 Berkley Dinsdale 71 Max Stoaks 70 *includes preference points Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO EXHAUST MECHANIC ASSISTANT CYRIDE LIST: Commission Chairperson Crum presented the request from Human Resources Director Bethany Ballou to exhaust the Mechanic Assistant CyRide List certified on April 28, 2022, asked if there was any discussion. None presented. Moved by Pike, seconded by Linduska to exhaust the list. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES FROM AND EXHAUST POLICE OFFICER LIST: Moved by Crum, seconded by Linduska to remove names and exhaust the list. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO EXHAUST PROCUREMENT SPECIALIST I LIST: Motion by Linduska, seconded by Pike. Vote on Motion: 3-0. Motion declared carried unanimously.
DISCUSSION OF HOLIDAY SEASON AND UPCOMING MEETINGS FOR NOVEMBER AND DECEMBER 2022: Members discussed setting meetings for November and December 2022 one week earlier on the third Thursday of each month. November 17, 2022, and December 15, 2022.
COMMENTS: The next Regular Meeting of the Ames Civil Service Commission is scheduled for November 17, 2022, at 8:15 AM. ADJOURNMENT: The meeting adjourned at 8:23 AM. __________________________________ _______________________________________ Mike Crum, Chairperson Vicki Hillock, Commission Clerk
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
shuyu LLC
NAME OF BUSINESS(DBA)
WASABI AMES
BUSINESS
(515) 450-5068
ADDRESS OF PREMISES
926 S. 16th St.
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
926 S. 16th St.
CITY
Ames
STATE
Iowa
ZIP
50010
Contact Person
NAME
Lu Li
PHONE
(515) 441-6490
EMAIL
lilu@wasabidsm.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Liquor License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Liquor License
PRIVILEGES
Outdoor Service, Sunday Service
Item No. 9
Page 2 of 2
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
shuyu wang Boone Iowa 50036 owner 50.00 No
chunquan wang Boone Iowa 50036 owner 50.00 No
Insurance Company Information
INSURANCE COMPANY
Selective Insurance Company of
America
POLICY EFFECTIVE DATE
Jan 1, 2022
POLICY EXPIRATION DATE
Jan 1, 2023
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 2
Applicant
NAME OF LEGAL ENTITY
Ames Pool Hall LLC
NAME OF BUSINESS(DBA)
Corner Pocket
BUSINESS
(515) 779-1110
ADDRESS OF PREMISES
125 Main Street
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50010
MAILING ADDRESS
2718 Douglas Avenue
CITY
Des Moines
STATE
Iowa
ZIP
50310
Contact Person
NAME
Sam Touzani
PHONE
(515) 285-0007
EMAIL
sam@fundamentax.com
License Information
LICENSE NUMBER LICENSE/PERMIT TYPE
Class C Liquor License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS
SUB-PERMITS
Class C Liquor License
PRIVILEGES
Status of Business
Item No. 10
Page 2 of 2
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Sam Touzani Ames Iowa 50010 Owner 100.00 Yes
Insurance Company Information
INSURANCE COMPANY
Berkshire Hathaway Direct
Insurance Company
POLICY EFFECTIVE DATE
Aug 25, 2022
POLICY EXPIRATION DATE
Aug 25, 2023
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
Page 1 of 3
Applicant
NAME OF LEGAL ENTITY
Kum & Go LC
NAME OF BUSINESS(DBA)
Kum & Go # 7706
BUSINESS
(515) 457-6249
ADDRESS OF PREMISES
2320 Lincoln Way Suite 103
PREMISES SUITE/APT NUMBER CITY
Ames
COUNTY
Story
ZIP
50014
MAILING ADDRESS
1459 Grand Ave
CITY
Des Moines
STATE
Iowa
ZIP
50309
Contact Person
NAME
Jody Deiter
PHONE
(515) 457-6249
EMAIL
licenses@kumandgo.com
License Information
LICENSE NUMBER
LE0003600
LICENSE/PERMIT TYPE
Class E Liquor License
TERM
12 Month
STATUS
Submitted
to Local
Authority
EFFECTIVE DATE
Dec 9, 2021
EXPIRATION DATE
Dec 8, 2022
LAST DAY OF BUSINESS
SUB-PERMITS
Class E Liquor License, Class C Beer Permit, Class B Wine Permit
Item No. 11
Page 2 of 3
PRIVILEGES
Sunday Service
Status of Business
BUSINESS TYPE
Limited Liability Company
Ownership
Individual Owners
NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN
Krause Group LTD Des Moines Iowa 50209 Owner 100.00 Yes
Tanner Krause Des Moines Iowa 50309 President 0.00 Yes
Charles Campbell Des Moines Iowa 50309 Secretary 0.00 Yes
Brian Beckett Des Moines Iowa 50309 CFO 0.00 Yes
Reed Rainey Des Moines Iowa 50309 COO 0.00 Yes
Insurance Company Information
INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE
DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE
DATE
OUTDOOR SERVICE EXPIRATION
DATE
Page 3 of 3
BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE
DATE
TEMP TRANSFER EXPIRATION
DATE
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: October 31, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for November 8th, 2022, includes beer permits and liquor license
renewals for:
• Chocolaterie Stam (230 Main Street) - Class B Native Wine Permit with Sunday Sales
• Kum & Go #7706 (2320 Lincoln Way) - Class E Liquor License, Class B Wine Permit,
Class C Beer Permit (carryout) Sunday Sales
• Time Out - Ames (120 Kellogg Ave) - Class C Liquor License with Sunday Sales
• Wasabi (926 S 16th St) - Class C Liquor License with Outdoor Service and Sunday Sales
(back to 12-month license)
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.
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: October 31, 2022
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for November 8, 2022, includes beer permits and liquor license
renewals for:
• AJ’s Liquor III (2401 “A” Chamberlain Street) - Class E Liquor License
A review of police records for the past 12 months found 15 liquor law violations. Fifteen
individuals were cited for being underage on premise, and 10 of those individuals were in
possession of a fake ID. On October 20, 2022, the above location passed a compliance
check.
Although there were several individuals cited in the past 12 months at this establishment,
it is important to consider the types of citations. Staff considers compliance checks to be
a test of whether an establishment is performing the fundamental due diligence of
checking IDs for the appropriate age. These checks are critical to pass, and this
establishment has passed its most recent check.
The fact that individuals have been cited on premises with a fake ID is not necessarily an
indication that the establishment is failing to perform due diligence. The fake ID holders
are actively working to defeat the bar’s efforts to check IDs. Therefore, staff does not
believe the number of citations indicated above is representative of the bar’s efforts to
prevent minors from obtaining entry and/or alcohol. It is also important to note that while
officers were able to definitively determine 10 of the 15 individuals cited were in
possession of a fake ID during the renewal period, the fact that the remaining five
citations were written on the basis of other evidence does not necessarily mean a fake ID
was not involved to gain entry.
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 meetings.
The Ames Police Department recommends license renewal for the above business.
ITEM # 13
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 SHARED USE PATH SYSTEM EXPANSION – IOWAY CREEK
BACKGROUND:
At its June 14, 2022 meeting, City Council approved the Iowa Department of
Transportation (DOT) Funding Agreement for the 2021/22 Shared Use Path System
Expansion Project – Ioway Creek. This project is located along the north side of Ioway
Creek from S 5th Street to the well field access road behind Walmart.
The Transportation Alternatives Program (TAP) funding amount was recently increased
by the Ames Area Metropolitan Planning Organization (AAMPO) via an administrative
modification to the FFY 2023-26 Transportation Improvement Program (TIP). The TAP
funding amount for the project has increased from $560,000 to $728,000. The DOT
has prepared the attached Addendum to the original agreement to increase the funding
amount.
This project is on schedule to be re-bid through the Iowa DOT with a February 2023
letting.
ALTERNATIVES:
1.Approve the Addendum to the Iowa DOT Agreement for TAP funding for the
2021/22 Shared Use Path System Expansion – Ioway Creek project.
2.Reject the Agreement Addendum.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of this agreement addendum with the Iowa DOT should occur before moving
forward with rebidding the project in February 2023.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
May 2020
1
ADDENDUM
TO IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT 22-TAP-110
FOR A FEDERAL-AID PROGRAM PROJECT
Subrecipient: City of Ames
Subrecipient DUNS Number: 061320917
Project Number(s): TAP-U-0155(709)--8I-85
Iowa DOT Addendum Number: 22-TAP-110-A
This is an addendum to the agreement between city of Ames (hereinafter referred to as the
Subrecipient) and the Iowa Department of Transportation, the federal pass-through entity
(hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44, provide for
the Subrecipient and the Department to enter into agreements with each other for the purpose
of financing transportation improvement projects in Iowa with federal funds.
Whereas the Subrecipient and the Department previously entered into Agreement No. 22-TAP-
110 for the above referenced project.
Subsequent to the execution of Agreement No. 22-TAP-110 it was determined that the funding
amount for the above referenced project has changed. Previously executed Agreement 22-TAP-
110 shall remain in effect except as amended herein.
Now, therefore, it is agreed as follows:
1. Paragraph 4 of Agreement 22-TAP-110 is stricken and replaced with the following:
The Subrecipient shall receive reimbursement for costs of authorized and approved eligible
project activities under the Iowa’s TAP program from STBG funds. The portion of the
project costs reimbursed with STBG funds shall be limited to a maximum of either 80
percent of eligible costs (other than those reimbursed with other federal funds) or the
amount listed ($728,000) in the Ames Area Metropolitan Planning Organization current
Transportation Improvement Program (TIP) and approved in the current Statewide
Transportation Improvement Program (STIP), whichever is less. Eligible project activities
will be as described in Section 133(h) of Title 23, United States Code (U.S.C.), and
determined by the Department to be eligible.
2. This addendum is not assignable without the prior written consent of the Department.
3. If any part of this addendum is found to be void and unenforceable, the remaining
provisions of this addendum shall remain in effect.
May 2020
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4. It is the intent of both parties that no third-party beneficiaries be created by this
addendum.
5. This addendum, as well as the unaffected provisions of previously executed Agreement No.
22-TAP-110 referenced herein, constitute the entire agreement between the Department
and the Subrecipient concerning this project. Representations made before the signing of
this addendum are not binding, and neither party has relied upon conflicting
representations in entering into this addendum. Any change or alteration to the terms of
this addendum shall be made in the form of a subsequent addendum. The addendum shall
become effective only upon written approval of the Department and the Subrecipient.
May 2020
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IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 22-TAP-110-A
as of the date shown opposite its signature below.
SUBRECIPIENT: City of Ames
By: ___________ Date , _______
Title: ___Mayor_______________________________
CERTIFICATION:
I, , certify that I am the Clerk of the city, and that
(Name of City Clerk)
, who signed said Agreement for and on behalf of
(Name of Mayor/Signer Above)
the city was duly authorized to execute the same by virtue of a formal resolution duly passed
and adopted by the city, on the day of , _______.
Signed: ___________________________________________
City Clerk of Ames, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION
Transportation Development Division
800 Lincoln Way, Ames, Iowa 50010
Tel. 515-239-1664
By: _____________________________________ Date_______________________, ________
Craig Markley
Director
Systems Planning Bureau
COUNCIL ACTION FORM
ITEM # _ 14
DATE: 11-8-22
SUBJECT: 2019/2020 STORMWATER EROSION CONTROL (IOWAY CREEK
BROOKSIDE) GRANT FUNDING
BACKGROUND:
In February 2022, staff submitted a Water Infrastructure Fund grant application to the
Iowa Finance Authority (IFA) for the Ioway Creek Stormwater Erosion Control project
within Brookside Park for stream and water quality improvements that improve resiliency
of the corridor. The grant request for $500,000 was approved, and on April 12, 2022,
Council approved a resolution to enter into the grant agreement with the Iowa
Finance Authority. This grant funding will cover construction of in-stream features,
streambank stabilization, water quality oxbow, segmental channel relocation, and riparian
corridor enhancement in Brookside Park.
Funding for this project is provided by these sources:
FUNDING SOURCE AMOUNT
IFA Water Infrastructure Fund 500,000
TOTAL $ 1,200,000
Following City Council approval, staff was contacted by the Iowa Finance Authority
about proposed changes to the grant agreement due to updated federal reporting
requirements. Changes were made to the format and structure of the document as well
the addition of details required for federal compliance. The City Attorney has reviewed
and approved the revised documents. There is no change in the amount of grant
funding.
ALTERNATIVES:
1. Approve the revised grant agreement with the Iowa Finance Authority in the
amount of $500,000.
2. Do not approve the revised grant agreement and forfeit the previously awarded
grant funds.
CITY MANAGER’S RECOMMENDED ACTION:
Grant funding previously awarded by the Iowa Finance Authority provides 42% of the
project budget. Due to updated federal reporting requirements, the Iowa Finance
Authority is requiring the City to approve the revised grant agreement.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
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WATER INFRASTRUCTURE FUND
GRANT AGREEMENT BETWEEN
THE IOWA FINANCE AUTHORITY
AND
____________________________________________
AWARD NO.:
AWARD AMOUNT:
THIS Water Infrastructure Fund Grant Agreement (“Grant Agreement”) is between the Iowa Finance
Authority (“Authority” or “IFA”) and _______________________________________________________
(“Subrecipient”) (Collectively the “Parties”).
AWARD IDENTIFICATION
PROJECT NAME:
SUBRECIPIENT LEGAL ENTITY NAME:
SUBRECIPIENT ADDRESS:
CITY, STATE, ZIP:
SUBRECIPIENT UEI NUMBER:
FEDERAL AWARD IDENTIFICATION NUMBER: SLFRP4374
FEDERAL AWARD DATE: July 9, 2021
GRANT PERFORMANCE START DATE:
GRANT PERFORMANCE END DATE:
AMOUNT OF FEDERAL FUNDS OBLIGATED:
FEDERAL GRANT PROJECT DESCRIPTION: Coronavirus State and Local Fiscal Recovery Funds
NAME OF FEDERAL AWARDING AGENCY: US Department of Treasury
NAME OF PASS-THROUGH ENTITY: Iowa Finance Authority
ADDRESS OF PASS-THROUGH ENTITY: 1963 Bell Avenue, Ste 200, Des Moines, IA 50315
AUTHORITY CONTACT INFORMATION: Aaron Smith, (515) 452-0461
ASISTANCE LISTING NUMBER: 21.027 – Coronavirus State and Local Fiscal Recovery Funds
FEDERAL AWARD AMOUNT AVAILABLE:
IS THIS AWARD R & D: No
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ARTICLE 1 – FUNDING
1.1 FUNDING SOURCE
The funding source for the Grant shall be funds allocated to the State of Iowa pursuant to the
American Rescue Plan Act of 2021, Pub. L. No. 117-2 (March 11, 2021) (“the Act”), specifically
Subtitle M – Coronavirus State and Local Fiscal Recovery Funds, Section 9901 of the Act
(“SLFRF”).
1.2 MAXIMUM PAYMENTS
It is expressly understood and agreed that the maximum amount to be paid to the Subrecipient
by the Authority under this Grant Agreement shall not exceed the AMOUNT OF FEDERAL FUNDS
OBLIGATED specified in the above caption, in the aggregate, unless modified in writing and fully
executed by the Parties hereto.
1.3 FAILURE TO RECEIVE GRANT FUNDS
The Authority shall be obligated to provide said funds to the Subrecipient only on the condition
that grant funds shall be available from Treasury. Failure of the Authority to receive grant funds
shall cause this Grant Agreement to be terminated.
ARTICLE 2 – USE OF FUNDS
2.1 GENERAL
The Subrecipient applied for funding to complete a water infrastructure project located in
_________________________________ (the “Project”). The Water infrastructure Fund (“WIF”)
application and any supporting documentation (the “Application”) submitted to the Authority by
the Subrecipient is incorporated herein by reference. The Subrecipient shall complete in a
satisfactory and proper manner, as determined by the Authority, the Project as described in this
Grant Agreement and the Application, and any other documents between the Authority and the
Subrecipient that dictate the terms of the Grant Subrecipient’s performance with regard to the
Project (the “Project Documents”).
The Subrecipient shall use the Grant only for eligible uses related to the Project, in accordance
with this Agreement and any applicable state or federal law including, but not limited to, the
provisions of the Act; Sections 602(b), 602(c), and 603(b) of the Social Security Act; all rules and
regulations applicable to SLFRF, including but not limited to 31 CFR Part 35, Coronavirus State
and Local Fiscal Recovery Funds effective April 1, 2022 (“Final Rules”) and federal regulations
described in U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award
Terms and Conditions attached hereto as Exhibit B; all applicable Treasury or other federal
guidance; and as described in this Grant Agreement.
2.2 PROJECT
Changes from the approved project detailed in Exhibit A must be requested by the Subrecipient
and may be authorized by the Authority. Such requests must be made in advance of
expenditure.
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ARTICLE 3 – CONDITIONS TO DISBURSEMENT OF FUNDS
Unless and until the following conditions have been satisfied, the Authority shall be under no
obligation to disburse to the Subrecipient any amounts under this Grant Agreement:
3.1 GRANT AGREEMENT EXECUTED
This Grant Agreement shall be properly executed and, where required, acknowledged, by the
Authority and the Subrecipient.
3.2 DOCUMENTATION REQUIRED FOR PAYMENT
The Authority reserves the right to request additional documentation relating to expenditures to
be reimbursed, including but not limited to copies of cancelled checks, invoices, receipts, staff
time tracking, or payrolls in order to verify the expenditures were for uses eligible for
reimbursement using SLFRF and incurred during the time period set forth in Paragraph 5.6
below.
ARTICLE 4 – REPRESENTATIONS AND WARRANTIES OF SUBRECIPIENT
The Subrecipient represents, covenants, and warrants that:
4.1 AUTHORITY
The Subrecipient is an entity organized in Iowa or organized in another state and authorized to
do business in Iowa and duly authorized and empowered to execute and deliver this Grant
Agreement. All required actions on the Subrecipient's part, such as appropriate resolution of its
governing board for the execution and delivery of this Grant Agreement, have been effectively
taken.
4.2 USE OF FUNDS
The Subrecipient will use the Grant Funds to acquire, construct, and equip the Project in
accordance with this Grant Agreement and the Project Documents; any applicable state or
federal law including, but not limited to, the provisions of the Act and Sections 602(b), 602(c),
and 603(b) of the Social Security Act; all rules and regulations applicable to SLFRF, including but
not limited to 31 CFR Part 35, Coronavirus State and Local Fiscal Recovery Funds effective April
1, 2022 (“Final Rules”) and federal regulations described in U.S. Department of the Treasury
Coronavirus Local Fiscal Recovery Fund Award Terms and Conditions attached hereto as Exhibit
B; all applicable Treasury or other federal guidance; and as described in this Grant Agreement.
The Participant will use the Grant for no other purpose.
4.3 FINANCIAL INFORMATION
All financial statements and related materials concerning the Grant provided to the Authority in
the Application and the Project Documents are true and correct in all material respects and
completely and accurately represent the subject matter thereof as of the date of the statements
and related materials, and no material adverse change has occurred since that date.
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4.4 APPLICATION
The contents of the Application and the Project Documents are/were a complete and accurate
representation of the Project as of the date of submission and there has been no material
adverse change in the organization, operation, or key personnel of the Subrecipient since the
date the Subrecipient submitted its Application and Project Documents that have not been
communicated to the Authority.
4.5 CLAIMS AND PROCEEDINGS
There are no actions, lawsuits or proceedings pending or, to the knowledge of the Subrecipient,
threatened against the Subrecipient affecting in any manner whatsoever their rights to execute
this Grant Agreement, or to otherwise comply with the obligations of this Grant Agreement.
There are no actions, lawsuits or proceedings at law or in equity, or before any governmental or
administrative authority pending or, to the knowledge of the Subrecipient, affecting the
property involved in this Grant Agreement.
4.6 PRIOR AGREEMENTS
The Subrecipient has not entered into any verbal or written agreements or arrangements of any
kind which are inconsistent with this Grant Agreement.
4.7 TERM OF AGREEMENT
The covenants, warranties and representations made by the Subrecipient in this Grant
Agreement are true and binding as of the date on which the Subrecipient executed this Grant
Agreement. The covenants, warranties and representations of this Article shall be deemed to
be renewed and restated by the Subrecipient as of the Effective Date of this Grant Agreement
and at the time of disbursement of funds.
ARTICLE 5 – AFFIRMATIVE COVENANTS OF THE SUBRECIPIENT
For the duration of this Grant Agreement, the Subrecipient covenants with the Authority that:
5.1 WORK AND SERVICES
The Subrecipient shall perform work and services as described in the Project Documents
previously submitted to the Authority.
5.2 APPLICABLE LAWS, GUIDANCE, RULES AND REGULATIONS
The Subrecipient acknowledges the applicability of federal laws, guidance, rules and regulations
to the award and Grant, including but not limited to the Act; Section 602(c) of the Social Security
Act; all rules and regulations applicable to SLFRF, including but not limited to 2 CFR 200 and all
appendices thereto, the Final Rules, and all rules and regulations described in U.S. Department
of the Treasury Coronavirus State and Local Fiscal Recovery Fund Award Terms and Conditions
attached hereto as Exhibit B; and all applicable Treasury or other federal guidance. The
Subrecipient agrees to comply with all applicable laws, guidance, rules and regulations.
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5.3 REPORTING
5.3.1 Quarterly Reporting. The Subrecipient agrees to comply with any and all reporting
obligations established by Treasury and/or by the Authority as related to this the award and this
Grant, including providing information and data required by the Authority once each quarter of
the calendar year during the duration of this Grant Agreement. Reporting may include, but not
be limited to, photographs documenting progress toward project completion.
5.3.2 Public Disclosure. The Subrecipient acknowledges that any information reported may be
subject to public disclosure.
5.4 RECORDS
The Subrecipient shall maintain books, records, documents and other evidence pertaining to all
costs and expenses incurred and revenues received under this Grant Agreement in sufficient
detail to reflect all costs, direct and indirect, of labor, materials, equipment, supplies, services
and other costs and expenses of whatever nature, for which payment is claimed under this
Grant Agreement. The Subrecipient shall maintain books, records and documents in sufficient
detail to demonstrate compliance with the Grant Agreement and shall maintain these materials
for a period of five years beyond the end date of the Grant Agreement or December 31, 2032,
whichever is later. Records shall be retained beyond the prescribed period if any litigation or
audit is begun or if a claim is instituted involving the grant or agreement covered by the records.
In these instances, the records shall be retained until the litigation, audit or claim has been
finally resolved.
5.5 ACCESS TO RECORDS/INSPECTIONS
The Subrecipient shall permit and allow the Authority, its representatives, representatives of
Treasury, and/or Iowa’s Auditor of State to access and examine, audit and/or copy the following,
wherever located: any plans and work details pertaining to the Grant; all of the Subrecipient's
books, records, policies, client files, and account records; all other documentation or materials
related to this Grant Agreement; and any facility used to carry out the Grant. The Subrecipient
shall provide proper facilities for making such examination and/or inspection of the above-
mentioned records and documentation. The Subrecipient shall not impose a charge for audit or
examination of the Subrecipient’s information and facilities.
5.6 USE OF GRANT FUNDS/TIMEFRAMES
5.6.1. The Subrecipient shall expend funds received under this Grant Agreement only for the
purposes and activities necessary to complete the Project and as otherwise approved by
the Authority and subject to ARTICLE 2 - USE OF FUNDS herein.
5.6.2 Construction of the Project shall commence no later than 6 months after the Award
Date unless the Authority agrees in writing to a commencement date later than 6
months after the Award Date.
5.6.3 The Subrecipient acknowledges and agrees that funds for this Grant are provided by the
State and Local Fiscal Recovery Fund (SLFRF), part of the American Rescue Plan. SLFRF
requires that all costs be incurred during the period beginning March 3, 2021 and
ending December 31, 2024. Therefore, all costs incurred prior to March 3, 2021 and
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after December 31, 2024 are not eligible uses of these funds. The period of
performance for SLFRF funds runs until December 31, 2026, which will provide the
Subrecipient an additional two years during which they may expend funds for costs
incurred (i.e., obligated) by December 31, 2024. Any Grant funds not obligated or
expended within these timeframes must be returned to the State. The Subrecipient
acknowledges and agrees that it will be held accountable to these funding timeframes.
5.7 NOTICE OF PROCEEDINGS
The Subrecipient shall notify the Authority within 30 days of the initiation of any claims, lawsuits
or proceedings brought against the Subrecipient.
5.8 NOTICES TO THE AUTHORITY
In the event the Subrecipient becomes aware of any material alteration in the Grant, initiation
of any investigation or proceeding involving the Grant, or any other similar occurrence, the
Subrecipient shall promptly notify the Authority.
5.9 CONFLICT OF INTEREST
5.9.1 Conflict of Interest Policies. The Subrecipient shall have and follow written conflict of
interest policies that conform to 2 CFR 200.112 and 200.318. Written policies must be
established that govern conflicts of interest and for federal awards. Any potential
conflicts of interest must be disclosed in writing to the Authority.
5.9.2 Individual Conflicts of Interest. For the procurement of goods and services, the
Subrecipient and its contractors must comply with the codes of conduct and conflict of
interest requirements under 2 CFR Part 200. For all transactions and activities, the
following restrictions apply:
5.9.2.1 Conflicts Prohibited. No person who exercises or has exercised any functions or
responsibilities with respect to activities assisted under the Project, or who is in
a position to participate in a decision-making process or gain inside information
with regard to activities assisted under the Project, may obtain a financial
interest or benefit from an assisted activity; have a financial interest in any
contract, subcontract, or agreement with respect to an assisted activity; or have
a financial interest in the proceeds derived from an assisted activity, either for
him or herself or for those with whom he or she has immediate family or
business ties, during his or her tenure or during the one-year period following
his or her tenure.
5.9.2.2 Persons Covered. The conflict of interest provisions of this section apply to any
person who is an employee, agent, consultant, officer, or elected or appointed
official of the Subrecipient.
5.10 CONFIDENTIALITY OF RECORDS AND INFORMATION
To the extent necessary to carry out its responsibilities under this Grant Agreement, the
Subrecipient’s employees, agents, contractors and subcontractors and employees of contractors
or subcontractors shall have access to data and information, including Personally Identifiable
Information (“PII”) and other private and confidential information. The PII and other private and
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confidential information shall remain the property of the Subrecipient at all times. All parties
must use PII data protection best practices including password protection of documents,
encryption at rest and post-use deletion. No information or data collected, maintained, or used
in the course of performance of this Grant Agreement, including but not limited to PII or other
private or confidential information, shall be disseminated by the Subrecipient or the
Subrecipient’s employees, agents, contractors, or subcontractors or any contractor’s or
subcontractor’s employees, except as authorized by law or as required for the performance of
this Grant Agreement.
5.11 CERTIFICATION REGARDING GOVERNMENT-WIDE RESTRICTION ON LOBBYING
The Subrecipient certifies, to the best of their knowledge and belief, that:
5.11.1 No federal appropriated funds have been paid or will be paid, by or on behalf of the
Subrecipient, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a Member of Congress in connection with the awarding of any federal
Grant agreement, the making of any federal grant, the making of any federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any federal Grant agreement, grant, loan, or
cooperative agreement.
5.11.2 If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency,
a Member of Congress, an officer or employee, or an employee of a Member of
Congress in connection with this Grant Agreement, the Subrecipient shall complete and
submit to the Authority, "Disclosure of Lobbying Activities" form as approved by the
Office of Management and Budget.
5.11.3 This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction.
5.15 PROGRAM CERTIFICATIONS
The Subrecipient certifies and assures that the Grant will be conducted and administered in
compliance with all applicable federal and state laws, rules, ordinances, regulations, guidance,
and orders. The Subrecipient certifies and assures compliance with the applicable orders, laws,
rules, regulations, and guidance, including but not limited to, the following:
5.15.1 Confidentiality. In connection with the above certification, the Subrecipient shall
develop and implement written procedures to ensure that all records containing PII of
any individual or family, who applies for and/or receives assistance, will be kept secure
and confidential.
5.15.2 Contractor Eligibility. The Subrecipient certifies that neither it nor its principals are
presently debarred, suspended, proposed for debarment, declared ineligible, or
voluntarily excluded from participation in the transaction by any Federal department or
agency. The Excluded Parties List System can be found at https://www.sam.gov/.
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5.15.3 Subrecipient Integrity and Performance Matters. The Subrecipient shall comply with the
requirements in Appendix XII to 2 CFR Part 200 – Award Term and Condition for
Subrecipient Integrity and Performance Matters. This pertains to information and
reporting in the federal System for Award Management (SAM) for agencies with more
than $10,000,000 in currently active grants, cooperative agreements, and procurement
contracts from all Federal awarding agencies.
5.16 DOCUMENTATION AND SIGNAGE.
The Subrecipient shall ensure that all documentation, publications and signage produced with
Grant funds regarding the Project shall include the following: This project is being supported, in
whole or in part, by federal award number 21.027 to the State of Iowa by the U.S. Department of
the Treasury.
ARTICLE 6 – NEGATIVE COVENANT OF THE SUBRECIPIENT
The Subrecipient covenants with the Authority that it shall not, without the prior written disclosure to
and prior written consent of the Authority, directly or indirectly assign its rights and responsibilities
under this Grant Agreement or discontinue administration activities under this Grant Agreement.
ARTICLE 7 – DEFAULT AND REMEDIES
7.1 EVENTS OF DEFAULT
The following shall constitute Events of Default under this Grant Agreement:
7.1.1 Material Misrepresentation. If at any time any representation, warranty or statement
made or furnished to the Authority by, or on behalf of the Subrecipient in connection
with this Grant Agreement or to induce the Authority to make a subaward to the
Subrecipient shall be determined by the Authority to be incorrect, false, misleading or
erroneous in any material respect when made or furnished and shall not have been
remedied to the Authority’s satisfaction within 30 days after written notice by the
Authority is given to the Subrecipient.
7.1.2 Noncompliance. If there is a failure by the Subrecipient to comply with any of the
covenants, terms or conditions contained in this Grant Agreement.
7.1.3 Misspending. If the Subrecipient expends grant proceeds for purposes not described in
the Proposal, this Grant Agreement, or as authorized by the Authority.
7.1.4 Lack of Capacity. If the Subrecipient demonstrates a lack of capacity to carry out the
approved activities and services in a timely manner and with the funds granted, at the
sole discretion of the Authority.
7.1.5 Abandonment. If the Subrecipient abandons any activities or services assisted under this
Grant Agreement.
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7.1.6 Failure to Comply with Laws. If the Subrecipient has failed to ensure compliance with
any state or federal laws, rules, regulations, guidance or orders.
7.2 NOTICE OF DEFAULT
The Authority shall issue a written notice of default providing therein a 30-day period in which
the Subrecipient shall have an opportunity to cure, provided that cure is possible and feasible.
7.3 REMEDIES UPON DEFAULT
If, after opportunity to cure, the default remains, the Authority shall have the right, in addition
to any rights and remedies available by law, to do one or more of the following:
7.3.1 Reduce the level of funds the Subrecipient would otherwise be entitled to receive under
this Grant Agreement;
7.3.2 Require immediate repayment of up to the full amount of funds disbursed to the
Subrecipient under this Grant Agreement; and
7.3.3 Refuse or condition any future disbursements upon conditions specified in writing by
the Authority.
ARTICLE 8 – GENERAL PROVISIONS
8.1 AMENDMENT
8.1.1 Writing Required. This Grant Agreement may only be amended by means of a writing
properly executed by the Parties. Examples of situations where amendments are
required include extensions for completion of Grant activities, changes to the Grant
including, but not limited to, alteration of existing approved activities or inclusion of
new activities.
8.1.2 Unilateral Modification. Notwithstanding subsection 8.1.1 above, the Authority may
unilaterally modify this Grant Agreement at will in order to accommodate any change in
any applicable federal, state or local laws, regulations, rules, guidance, orders, or
policies. A copy of such unilateral modification will be given to the Subrecipient as an
amendment to this Grant Agreement.
8.1.3 The Authority Review. The Authority will consider whether an amendment request is so
substantial as to necessitate reevaluating the original funding decision.
8.2 AUDIT REQUIREMENTS AND CLOSEOUT OF AWARD
The Subrecipient shall adhere to the following audit requirements:
8.2.1 Single Audit Not Required Form. A “Single Audit Not Required” form must be submitted
to the Authority for each Subrecipient fiscal year that the Subrecipient expends less
than $750,000 in federal funds.
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8.2.2 Single Audit. An audit must be submitted to the Authority for each Subrecipient fiscal
year that the Subrecipient expends $750,000 or more in federal funds. If the
Subrecipient, in accordance with 2 CFR Part 200, is required to complete a Single Audit,
the Subrecipient shall ensure that the audit is performed in accordance with 2 CFR Part
200, as applicable. The completed audit must be submitted to the Federal Audit
Clearinghouse within the earlier of 30 days after the receipt of the auditor’s report, or
nine months after the end of the organization’s fiscal year.
8.2.3 Closeout. The Subrecipient agrees to provide all reports and documents as requested to
the Authority. If an audit is required per 8.2.2 above, the Subrecipient shall submit a
copy of the completed audit to the Authority within the same time frame it is submitted
to the Federal Audit Clearinghouse.
8.3 UNALLOWABLE COSTS
If the Authority determines at any time, whether through monitoring, audit, closeout
procedures or by other means or process that the Subrecipient has expended funds which are
unallowable or which may be disallowed by this Grant Agreement, by the State of Iowa, or
Treasury, the Subrecipient will be notified of the questioned costs and given an opportunity to
justify questioned costs prior to the Authority’s final determination of the disallowance of costs.
Appeals of any determinations will be handled in accordance with the provisions of Chapter
17A, Iowa Code. If it is the Authority’s final determination that costs previously paid under this
Grant Agreement are unallowable, the expenditures will be disallowed and the Subrecipient
shall repay to the Authority any and all disallowed costs.
8.4 SUSPENSION
When the Subrecipient has failed to comply with this Grant Agreement, the Authority may, on
reasonable notice to the Subrecipient, suspend this Grant Agreement and withhold future
payments. Suspension may continue until the Subrecipient completes the corrective action as
required by the Authority.
8.5 TERMINATION
8.5.1 For Cause. The Authority may terminate this Grant Agreement in whole, or in part,
whenever the Authority determines that the Subrecipient has failed to comply with the
terms and conditions of this Grant Agreement.
8.5.2 For Convenience. The Authority may terminate this Grant Agreement in whole, or in
part, if it determines that the continuation of the Grant would not produce beneficial
results commensurate with the future disbursement of funds.
8.5.3 Due to Reduction or Termination of Funding. At the discretion of the Authority, this
Grant Agreement may be terminated in whole, or in part, if there is a reduction or
termination of funds provided to the Authority.
8.6 PROCEDURES UPON TERMINATION
8.6.1 Notice. The Authority shall provide written notice to the Subrecipient of the decision to
terminate, the reason(s) for the termination, and the effective date of the termination.
If there is a partial termination due to a reduction in funding, the notice will set forth
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the change in funding and the changes in the approved budget. The Subrecipient shall
not incur new obligations beyond the effective date and shall cancel as many
outstanding obligations as possible. The Authority’s share of non-cancellable obligations
which the Authority determines were properly incurred prior to notice of cancellation
will be allowable costs, subject to Article 5.5.2 herein.
8.6.2 Rights in Products. All finished and unfinished documents, data, reports or other
material prepared by the Subrecipient under this Grant Agreement shall, at the
Authority’s option, become the property of the Authority.
8.6.3 Return of Funds. Any costs previously paid by the Authority which are subsequently
determined to be unallowable through audit, monitoring, or closeout procedures shall
be returned to the Authority within 30 days of the disallowance.
8.7 ENFORCEMENT EXPENSES
The Subrecipient shall pay upon demand any and all reasonable fees and expenses of the
Authority, including the fees and expenses of the Authority’s attorneys, experts and agents, in
connection with the exercise or enforcement of any of the rights of the Authority under this
Grant Agreement.
8.8 INDEMNIFICATION
The Subrecipient shall indemnify and hold harmless the State of Iowa, the Authority, and its
officers and employees from and against any and all losses, accruing or resulting from any and
all claims by subcontractors, laborers, and any other person, firm, or corporation furnishing or
supplying work, services, materials, or supplies in connection with the performance of this Grant
Agreement, and from any and all claims and losses accruing or resulting to any person, firm, or
corporation who may be injured or damaged by the Subrecipient in the performance of this
Grant Agreement.
ARTICLE 9 – MISCELLANEOUS
9.1 BINDING EFFECT
This Grant Agreement shall be binding upon and shall inure to the benefit of the Authority and
Subrecipient and their respective successors, legal representatives and assigns. The obligations,
covenants, warranties, acknowledgments, waivers, agreements, terms, provisions and
conditions of this Grant Agreement shall be jointly and severally enforceable against the Parties
to this Grant Agreement.
9.2 SURVIVAL OF GRANT AGREEMENT
If any portion of this Grant Agreement is held to be invalid or unenforceable, the remainder
shall be valid and enforceable. The provisions of this Grant Agreement shall survive the
execution of all instruments herein mentioned and shall continue in full force until the Grant is
completed as determined by the Authority or as otherwise provided herein.
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9.3 GOVERNING LAW
This Grant Agreement shall be interpreted in accordance with the laws of the State of Iowa, and
any action relating to this Grant Agreement shall only be commenced in the Iowa District Court
for Polk County or the United States District Court for the Southern District of Iowa.
9.4 WAIVERS
No waiver by the Authority of any default hereunder shall operate as a waiver of any other
default or of the same default on any future occasion. No delay on the part of the Authority in
exercising any right or remedy hereunder shall operate as a waiver thereof. No single or partial
exercise of any right or remedy by the Authority shall preclude future exercise thereof or the
exercise of any other right or remedy.
9.5 LIMITATION
It is agreed by the Subrecipient that the Authority shall not, under any circumstances, be
obligated financially under this Grant Agreement except to disburse funds according to the
terms of this Grant Agreement.
9.6 HEADINGS
The headings in this Grant Agreement are intended solely for convenience of reference and shall
be given no effect in the construction and interpretation of this Grant Agreement.
9.7 INTEGRATION
This Grant Agreement contains the entire understanding between the Subrecipient and the
Authority and any representations that may have been made before or after the signing of this
Grant Agreement, which are not contained herein, are nonbinding, void and of no effect. None
of the Parties have relied on any such prior representation in entering into this Grant
Agreement.
9.8 COUNTERPARTS
This Grant Agreement may be executed in any number of counterparts, each of which shall be
deemed to be an original, but all of which together shall constitute but one and the same
instrument.
9.9 DOCUMENTATION
The Authority reserves the right to request at any time, additional reports or documentation not
specifically articulated in this contract.
9.10 DOCUMENTS INCORPORATED BY REFERENCE
The following documents are incorporated by reference and considered an integral part of this
Contract:
13
9.10.1 The Project Documents.
9.10.2 Exhibit B – U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund
Award Terms and Conditions
9.11 ORDER OF PRIORITY
In the case of any inconsistency or conflict between the specific provisions of this document and
the exhibits, the following order of priority shall control:
9.11.1 Exhibit B – U.S. Department of the Treasury Coronavirus Local Fiscal Recovery Fund Award
Terms and Conditions;
9.11.2 Articles 1 - 9 of this Agreement;
9.11.3 The Project Documents;
9.11.4 The Application.
SIGNATURE PAGE FOLLOWS
14
IN WITNESS WHEREOF, the Parties have executed this Grant Agreement on the dates specified below.
SUBRECIPIENT:
By:
Signed
Print Name
Title
Date
IOWA FINANCE AUTHORITY:
By:
Deborah V. Durham, Executive Director
Date
A-1
EXHIBIT A
PROJECT – APPLICATION ON FILE
Summary description of the Project receiving funding:
Grant Award Amount – $ ___________________
Participant's Notice Address:
Attention:
Refer to the Application on file for full details of the Application and Project.
B-1
EXHIBIT B
U.S. DEPARTMENT OF THE TREASURY
CORONAVIRUS LOCAL FISCAL RECOVERY FUND
AWARD TERMS AND CONDITIONS
1. Use of Funds.
a. Participant understands and agrees that the funds disbursed under this award may only be
used in compliance with section 603(c) of the Social Security Act (the Act), Treasury’s
regulations implementing that section, and guidance issued by Treasury regarding the
foregoing.
b. Participant will determine prior to engaging in any project using this assistance that it has
the institutional, managerial, and financial capability to ensure proper planning,
management, and completion of such project.
2. Period of Performance. The period of performance for this award begins on the date hereof and
ends on December 31, 2026. As set forth in Treasury’s implementing regulations, Participant may
use award funds to cover eligible costs incurred during the period that begins on March 3, 2021 and
ends on December 31, 2024.
3. Reporting. Participant agrees to comply with any reporting obligations established by Treasury as
they relate to this award.
4. Maintenance of and Access to Records.
a. Participant shall maintain records and financial documents sufficient to evidence
compliance with section 603(c) of the Act, Treasury’s regulations implementing that section,
and guidance issued by Treasury regarding the foregoing
b. The Treasury Office of Inspector General and the Government Accountability Office, or their
authorized representatives, shall have the right of access to records (electronic and
otherwise) of Participant in order to conduct audits or other investigations.
c. Records shall be maintained by Participant for a period of five (5) years after all funds have
been expended or returned to Treasury, whichever is later.
5. Pre-award Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with funding
from this award.
6. Administrative Costs. Pre-award costs, as defined in 2 C.F.R. § 200.458, may not be paid with
funding from this award.
7. Cost Sharing. Cost sharing or matching funds are not required to be provided by Recipient.
8. Conflicts of Interest. Recipient understands and agrees it must maintain a conflict of interest policy
consistent with 2 C.F.R. § 200.318(c) and that such conflict of interest policy is applicable to each
B-2
activity funded under this award. Recipient and subrecipients must disclose in writing to Treasury or
the pass-through entity, as appropriate, any potential conflict of interest affecting the awarded
funds in accordance with 2 C.F.R. § 200.112.
9. Compliance with Applicable Law and Regulations.
a. Recipient agrees to comply with the requirements of section 603 of the Act, regulations
adopted by Treasury pursuant to section 603(f) of the Act, and guidance issued by Treasury
regarding the foregoing. Recipient also agrees to comply with all other applicable federal
statutes, regulations, and executive orders, and Recipient shall provide for such compliance
by other parties in any agreements it enters into with other parties relating to this award.
b. Federal regulations applicable to this award include, without limitation, the following:
i. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for
Federal Awards, 2 C.F.R. Part 200, other than such provisions as Treasury may
determine are inapplicable to this Award and subject to such exceptions as may be
otherwise provided by Treasury. Subpart F – Audit Requirements of the Uniform
Guidance, implementing the Single Audit Act, shall apply to this award.
ii. Universal Identifier and System for Award Management (SAM), 2 C.F.R. Part 25,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 25 is
hereby incorporated by reference.
iii. Reporting Subaward and Executive Compensation Information, 2 C.F.R. Part 170,
pursuant to which the award term set forth in Appendix A to 2 C.F.R. Part 170 is
hereby incorporated by reference.
iv. OMB Guidelines to Agencies on Governmentwide Debarment and Suspension (Non
procurement), 2 C.F.R. Part 180, including the requirement to include a term or
condition in all lower tier covered transactions (contracts and subcontracts
described in 2 C.F.R. Part 180, subpart B) that the award is subject to 2 C.F.R. Part
180 and Treasury’s implementing regulation at 31 C.F.R. Part 19.
v. Recipient Integrity and Performance Matters, pursuant to which the award term set
forth in 2 C.F.R. Part 200, Appendix XII to Part 200 is hereby incorporated by
reference.
vi. Governmentwide Requirements for Drug-Free Workplace, 31 C.F.R. Part 20.
vii. New Restrictions on Lobbying, 31 C.F.R. Part 21.
viii. Uniform Relocation Assistance and Real Property Acquisitions Act of 1970 (42 U.S.C.
§§ 4601-4655) and implementing regulations.
ix. Generally applicable federal environmental laws and regulations.
B-3
c. Statutes and regulations prohibiting discrimination applicable to this award include, without
limitation, the following:
i. Title VI of the Civil Rights Act of 1964 (42 U.S.C. §§ 2000d et seq.) and Treasury’s
implementing regulations at 31 C.F.R. Part 22, which prohibit discrimination on the
basis of race, color, or national origin under programs or activities receiving federal
financial assistance;
ii. The Fair Housing Act, Title VIII of the Civil Rights Act of 1968 (42 U.S.C. §§ 3601 et
seq.), which prohibits discrimination in housing on the basis of race, color, religion,
national origin, sex, familial status, or disability;
iii. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which
prohibits discrimination on the basis of disability under any program or activity
receiving federal financial assistance;
iv. The Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 et seq.), and
Treasury’s implementing regulations at 31 C.F.R. Part 23, which prohibit
discrimination on the basis of age in programs or activities receiving federal financial
assistance; and
v. Title II of the Americans with Disabilities Act of 1990, as amended (42 U.S.C. §§
12101 et seq.), which prohibits discrimination on the basis of disability under
programs, activities, and services provided or made available by state and local
governments or instrumentalities or agencies thereto.
10. Remedial Actions. In the event of Recipient’s noncompliance with section 603 of the Act, other
applicable laws, Treasury’s implementing regulations, guidance, or any reporting or other program
requirements, Treasury may impose additional conditions on the receipt of a subsequent tranche of
future award funds, if any, or take other available remedies as set forth in 2 C.F.R. § 200.339. In the
case of a violation of section 603(c) of the Act regarding the use of funds, previous payments shall
be subject to recoupment as provided in section 603(e) of the Act.
11. Hatch Act. Recipient agrees to comply, as applicable, with requirements of the Hatch Act (5 U.S.C. §§
1501-1508 and 7324-7328), which limit certain political activities of State or local government
employees whose principal employment is in connection with an activity financed in whole or in part
by this federal assistance.
12. False Statements. Recipient understands that making false statements or claims in connection with
this award is a violation of federal law and may result in criminal, civil, or administrative sanctions,
including fines, imprisonment, civil damages and penalties, debarment from participating in federal
awards or contracts, and/or any other remedy available by law.
13. Publications. Any publications produced with funds from this award must display the following
language: “This project [is being] [was] supported, in whole or in part, by federal award number
[enter project FAIN] awarded to [name of Recipient] by the U.S. Department of the Treasury.
14. Debts Owed the Federal Government.
B-4
a. Any funds paid to Recipient (1) in excess of the amount to which Recipient is finally
determined to be authorized to retain under the terms of this award; (1) that are
determined by Treasury to be subject to a repayment obligation pursuant to section 603(e)
of the Act and have not been repaid by Recipient shall constitute a debt to the federal
government.
b. Any debts determined to be owed the federal government must be paid promptly by
Recipient. A debt is delinquent if it has not been paid by the date specified in Treasury’s
initial written demand for payment, unless other satisfactory arrangements have been made
or if the Recipient knowingly or improperly retains funds that are a debt as defined in
paragraph 14(a). Treasury will take any actions available to it to collect such a debt.
15. Disclaimer.
a. The United States expressly disclaims any and all responsibility or liability to Recipient or
third persons for the actions of Recipient or third persons resulting in death, bodily injury,
property damages, or any other losses resulting in any way from the performance of this
award or any other losses resulting in any way from the performance of this award or any
contract, or subcontract under this award.
b. The acceptance of this award by Recipient does not in any way establish an agency
relationship between the United States and Recipient.
16. Protections for Whistleblowers.
a. In accordance with 41 U.S.C. § 4712, Recipient may not discharge, demote, or otherwise
discriminate against an employee in reprisal for disclosing to any of the list of persons or
entities provided below, information that the employee reasonably believes is evidence of
gross mismanagement of a federal contract or grant, a gross waste of federal funds, an
abuse of authority relating to a federal contract or grant, a substantial and specific danger to
public health or safety, or a violation of law, rule, or regulation related to a federal contract
(including the competition for or negotiation of a contract) or grant.
b. The list of persons and entities referenced in the paragraph above includes the following: i.
i. A member of Congress or a representative of a committee of Congress;
ii. An Inspector General;
iii. The Government Accountability Office;
iv. A Treasury employee responsible for contract or grant oversight or management;
v. An authorized official of the Department of Justice or other law enforcement
agency;
vi. A court or grand jury; or
B-5
vii. A management official or other employee of Recipient, contractor, or subcontractor
who has the responsibility to investigate, discover, or address misconduct.
c. Recipient shall inform its employees in writing of the rights and remedies provided under
this section, in the predominant native language of the workforce.
17. Increasing Seat Belt Use in the United States. Pursuant to Executive Order 13043, 62 FR 19217 (Apr.
18, 1997), Recipient should encourage its contractors to adopt and enforce on-the-job seat belt
policies and programs for their employees when operating company-owned, rented or personally
owned vehicles.
18. Reducing Text Messaging While Driving. Pursuant to Executive Order 13513, 74 FR 51225 (Oct. 6,
2009), Recipient should encourage its employees, subrecipients, and contractors to adopt and
enforce policies that ban text messaging while driving, and Recipient should establish workplace
safety policies to decrease accidents caused by distracted drivers.
[End of Exhibit B]
1
ITEM # ___15___
DATE 11-08-22
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT FOR PROFESSIONAL AUDITING SERVICES
BACKGROUND:
Each year, the City’s financial statements are reviewed by an independent auditor. The
auditor’s report, along with other financial and statistical information, are presented in
the City’s Annual Comprehensive Financial Report (ACFR).
In 2018, the City issued a Request For Proposals (RFP) and awarded a contract to Eide
Bailly, LLP for professional auditing services for the fiscal year ending June 30, 2018,
with an option to extend the contract for each of the four subsequent fiscal years. The
fiscal year ending June 30, 2022 is the fourth and final potential renewal under
that contract.
Eide Bailly, LLP has provided financial audit services for the City since the fiscal year
ended June 30, 2003. Best practices for audit services provided by the Government
Finance Officers Association (GFOA) recommend that governmental entities enter into
multi-year agreements of at least five years in duration, which allows for greater
continuity and helps to minimize the potential for disruption in connection with the
independent audit. Multi-year agreements also help auditors spread start-up costs over
several years rather than over a single year. GFOA also states that although it would be
ideal to replace the independent auditor at the end of each audit agreement, the lack of
competition among audit firms fully qualified to perform public -sector audits could make
a policy of mandatory auditor rotation counterproductive.
In awarding the initial contract in 2018, the selected firm had to meet four mandatory
elements:
1. Independent and licensed to practice in Iowa;
2. No conflict of interest with the City;
3. Adherence to the instructions for preparation of the proposal; and
4. Submittal of an acceptable copy of its last external quality control review report
and the firm has a record of quality audit work.
City personnel have been satisfied with the work Eide Bailly LLP has performed for the
City for the past 15 years. Eide Bailly LLP staff is knowledgeable and meet s all agreed-
upon deadlines. The Dubuque office of Eide Bailly LLP that will be responsible for the
2
City's audit performs audits of several local governments in Iowa. A majority of their
audits are “Single Audits”, which is required of cities who receive federal funding. In
addition, most of their city clients receive the GFOA Certificate of Achievement for
Excellence in Financial Reporting. Firm-wide, Eide Bailly LLP has approximately 200
full-time professionals who devote their time to governmental engagements and share
knowledge across the firm.
The fee for the completion of the audit of four major funds is $61,800. The adopted
Accounting and Reporting budget for FY 2022/23 includes $62,000 for the completion of
the audit.
ALTERNATIVES:
1. Approve the engagement letter with Eide Bailly LLP to complete the audit of the
City’s financial statements for the year ended June 30, 2022, in the amount of
$61,800.
2. Do not approve the engagement letter with Eide Bailly, and direct staff to seek
alternative firms to audit the City’s FY 2021/22 financial statements.
CITY MANAGER’S RECOMMENDED ACTION:
Eide Bailly LLP is highly qualified in auditing comparable cities in Iowa and has offered
a favorable proposal for the audit of the City’s financial statements. The City has been
satisfied with the performance of Eide Bailly LLP and believes it will continue to perform
to meet the standards of the City.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
1
ITEM # 16
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: AWARD CONTRACT FOR PARKS AND RECREATION
ADMINISTRATION BUILDING SIDING REPLACEMENT PROJECT
BACKGROUND:
This project is to replace the siding on the Parks and Recreation Administration Building,
1500 Gateway Hills Park Dr. The current board and batten siding has been on the building
since the City purchased it from Iowa State University in 1979. Over the past few years,
staff has noticed portions of the siding deteriorating , thus affecting the appearance and
energy efficiency of the building. There is $50,000 allocated in the FY 2019/20 CIP to
replace the siding. Staff researched siding options and determined to spec foam -backed
vinyl siding for this project. Staff estimated the actual cost for the project to be
approximately $35,000.
This project was initially sent out for bid in January 2022. Because it is not a public
improvement project and it was initially anticipated to cost less than $50,000, staff was
not required to take the plans and specifications or the bids to the City Council. S taff
received only one bid in the amount of $58,940 even though multiple contractors
expressed interest in the project. Since there was only one bid and it exceeded the
funding allocated for this project, staff rejected the bid and decided to rebid at a later time.
Prior to putting this project out to bid for a second time in September 2022, staff contacted
multiple contractors to gauge interest in the project. Based on the feedback , staff was
hopeful for multiple bids. however, only one bid was again received, which is shown
below:
Contractor Bid Amount
TMJ Construction Services, Ames, Iowa $57,762.39
Since the bid amount is over the funding budgeted for the project, staff
recommends using a portion of the approximately $56,000 remaining from the
completed Ada Hayden Heritage Park Wetland Dredging project in order to
complete the project.
2
ALTERNATIVES:
1. City Council can:
a. Approve reallocating funding in the amount of $7,763 from the Ada
Hayden Heritage Park Wetland Dredging Project.
b. Accept report of bids and award a contract to TMJ Construction Services,
Ames, Iowa for the Parks and Recreation Administration Building Siding
Replacement Project in the amount of $57,762.39.
2. Accept the report of bids for the Parks and Recreation Administration Building
Siding Replacement Project, but do not award a contract at this time.
3. Reject the bid and do not pursue the project.
CITY MANAGER’S RECOMMENDED ACTION:
The Parks and Recreation Administration Building is utilized for staff offices and Parks
and Recreation programs. The siding is in poor condition and needs to be replaced. It is
important to have a building that residents and staff can be comfortable utilizing on a daily
basis. This project assists with ensuring those goals are realized.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1 as stated above.
1
ITEM #: 17
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: AUTHORIZING STAFF TO TEMPORARILY CLOSE ARTERIAL STREET
(DUFF AVENUE) FOR SANITARY SEWER WORK
BACKGROUND:
Part of the Power Plant generation process requires periodically blowing down
(discharging) water from the Power Plant’s cooling towers. The blowdown water is
discharged into the storm sewer under a National Pollutant Discharge Elimination System
(NPDES) permit.
In June 2017, the Electric Department received a revision to the permit for the Power
Plant’s cooling tower blowdown water. The limits in the new permit require the Power
Plant to either treat the water before it is discharged to the storm sewer or find another
method of disposal. Staff has evaluated options and determined discharging the water
to the sanitary sewer system was the most economical and best long-term solution. This
option will allow the water to be treated at the Water Pollution Control Facility to remove
contaminants.
Council awarded a construction contract to Keller Excavating on August 9, 2022. The
original plans called for a connection to be made into an existing manhole in the
intersection of Duff Avenue and Main Street. After the construction contract award, the
contractor proposed a no-cost change order to adjust the alignment of the pipe. The
change order authorized the installation of a new manhole straight west of the Power
Plant, north of the intersection of Duff Avenue and Main Street. In the interest of public
safety, safety for the contractor, and to efficiently complete the work, the contractor
will need to close a section of Duff Avenue. Municipal Code requires City Council
approval for closures of arterial streets.
To facilitate the construction project, staff is asking that City Council temporarily
delegate (for this project only) to the Electric Services staff the ability to close a
section of Duff Avenue. The contractor anticipates starting work on November 14,
2022. Contract documents allow up to three weeks to complete the work. However,
an incentive is provided to the contractor to complete the work within seven days.
The traffic control plan has been attached showing the phases of the closure. The traffic
control plans have been reviewed by the City’s traffic division. Provisions will be made to
ensure there are signs indicating area businesses are open during the construction
closure. Through traffic will be directed to use the detour. Local traffic to Main Street
businesses will be allowed.
2
ALTERNATIVES:
1. Authorize staff to close a section of Duff Avenue as needed to facilitate the
completion of the Power Plant sanitary sewer connection.
2. Deny the request and direct staff to modify the project to avoid the street closure.
CITY MANAGER’S RECOMMENDED ACTION:
Authorizing City staff to close the section of Duff Avenue for this project will allow for
greater flexibility and ensure the project can proceed without any undue delay. Staff will
work with the City’s Public Information Officer to ensure that the public is adequately
informed in advance of the closures.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
THRU TRAFFIC
ROAD CLOSED
TO
60" x 30"
R11-4
24" x 18"
R9-11 R24" x 12"
R9-11a
24" x 12"
R9-9
48" x 30"
R11-2
ROAD
CLOSED
THRU TRAFFIC
ROAD CLOSED
TO
60" x 30"
R11-4
48" x 30"
R11-2
ROAD
CLOSED
LINCOLN WAY
KELLOGG AVE.
DOUGLAS AVE.
DUFF AVE.
X
Saftey Fence
See J.3
Detour Signs See J.3
Detour Signs
OF TRAFFIC CONTROL AND STAGING SHEETS
PLAN VIEW PATTERN AND SYMBOL LEGEND
Type A Warning Light
Traffic Sign
Temporary Floodlighting
Drum
Temporary Barrier Rail
Pavement Removal
Channelizing Device
Type III Barricade
Direction of Traffic
Tubular Marker
Channelizer Marker
Concrete Barrier Marker
Flagger
Traffic Signal
Delineator
NOTE: Device spacing according to Standard Road Plans unless specifically dimensioned.
Safety Closure
Temporary Lane Separator
Sand Barrel Layout
Crash Cushion (Temp or Perm)
Lane Identification
Proposed Force Main
Chicago & Northwestern Railroad
"Hastings, Gartin, & Boettger is Open"
Special Signage
"Hastings, Gartin, & Boettger is Open"
Special Signage
TC419.
FOLLOW IDOT STANDARD ROAD PLAN
TEMPORARY T.C. BY CONTRACTOR
INTERNAL MANHOLE WORK
O 1OOO1OO
FEET
1
TRAFFIC CONTROL PLANS
REVISION 11222: CHANGE CLOSURE LOCATION FROM INTERSECTION OF DUFF & MAIN TO
A LOCATION ON DUFF AVE APPROX. 150 FT NORTH OF THE INTERSECTION.
CLOSURE OF DUFF AVE NORTH OF THE MAIN STREET INTERSECTION IS REQUIRED FOR
EXCAVATION AND PAVING WORK. THESE JSHEETS SHOW THE TRAFFIC CONTROL FOR THE
CLOSURE.
SEE TIMING RESTRICTION AND INCENTIVE NOTES ON J.02, AND ADDITIONAL NOTES FOR
LOCAL TRAFFIC CONTROL ON SHEET J.03
REV 11222
ncollins G:\3-MUNICIPAL\9245 (Ames Power Plant Reroute Design)\Drawings\Traffic Control\TC.dgn12:47:33 PM 11/2/2022
X
Saftey Fence
OF TRAFFIC CONTROL AND STAGING SHEETS
PLAN VIEW PATTERN AND SYMBOL LEGEND
Type A Warning Light
Traffic Sign
Temporary Floodlighting
Drum
Temporary Barrier Rail
Pavement Removal
Channelizing Device
Type III Barricade
Direction of Traffic
Tubular Marker
Channelizer Marker
Concrete Barrier Marker
Flagger
Traffic Signal
Delineator
NOTE: Device spacing according to Standard Road Plans unless specifically dimensioned.
Safety Closure
Temporary Lane Separator
Sand Barrel Layout
Crash Cushion (Temp or Perm)
Lane Identification
Chicago & Northwestern Railroad
Duff Ave.
48" x 30"
R11-2
ROAD
CLOSED
48" x 30"
R11-2
ROAD
CLOSED
Main St.
24" x 12"
R9-11a
24" x 12"
R9-9
24" x 12"
R9-11a
"Hastings, Gartin, & Boettger is Open"
Special Signage
Keep Clear for Buisness Garage
1
O 50O50
FEET
REV 11222
TIMING RESTRICTIONS APPLY
INCENTIVE PAY
REVISION 11222: CHANGE CLOSURE LOCATION FROM INTERSECTION OF DUFF & MAIN TO A
LOCATION ON DUFF AVE APPROX. 150 FT NORTH OF THE INTERSECTION. REVISION 72022
(ADDM 1): CHANGE INCENTIVE PERIOD FROM SIX (6) TO TEN (10) TOTAL CALENDAR DAYS.
CLOSURE OF DUFF AVE: EXCAVATION WORK AND PAVEMENT WORK REQUIRES FULL CLOSURE
OF DUFF AVE AT THE LOCATION SHOWN ON THIS SHEET. ONCE THE CLOSURE BEGINS, THE
WORK MUST BE CONTINUOUS AND DUFF AVE REOPENED WITHIN TWENTYONE (21) CALENDAR
DAYS. LIQUIDATED DAMAGES APPLY IF THESE REQUIREMENTS ARE NOT MET.
PERMIT: CONTRACTOR SHALL OBTAIN IDOT PERMIT TO PLACE TRAFFIC CONTROL SIGNAGE
ALONG LINCOLN WAY, SOUTH DUFF AVE, AND GRAND AVE (US HWY 69) AS SHOWN ON THE
TRAFFIC CONTROL PLAN SHEETS. PERMIT SHALL ALSO COVER CITY MESSAGE BOARDS THAT
THE CITY MAY PLACE IN IDOT ROW FOR THIS PROJECT.
NIGHTTIME WORK: NIGHTTIME WORK IS PERMITTED WHEN DUFF AVE IS CLOSED. CONTRACTOR
SHALL PROVIDE SITE LIGHTING AND ELECTRICAL SUPPLIES TO FACILITATE WORK IF
NECESSARY.
CONTRACTOR TO FURNISH TEMPORARY SIGNAGE DIRECTING PATRONS TO BUSINESSES
LOCATED INSIDE OF THE DETOUR AREA.
INCENTIVE PAY APPLIES WHEN DUFF AVE IS CLOSED FOR NO LONGER THAN TEN (10) TOTAL
CALENDAR DAYS AND ALL OTHER REQUIREMENTS OF THE CONTRACT DOCUMENTS ARE
FULFILLED.
ncollins G:\3-MUNICIPAL\9245 (Ames Power Plant Reroute Design)\Drawings\Traffic Control\TC.dgn12:47:33 PM 11/2/2022
REV 11222
A
A
B
B
CD
C
C
DD
E
F
F
E
D
B
D B
D
BD
B
AB
LINCOLN WAY
6TH ST
5TH ST
4TH ST
GRAND AVE.
CLARK AVE.
BURNETT AVE.
KELLOGG AVE.
DOUGLAS AVE.
DUFF AVE.
Detour MapO200O200
FEET
ADDITIONAL LOCAL TRAFFIC CONTROL NOTES
NOTE: THIS PAGE SHOWS THE DETOUR SIGNAGE FOR CLOSING DUFF AVE. TIMING
RESTRICTION AND INCENTIVE PAY APPLY, REFER TO J.02.
REVISION 11222: CHANGE CLOSURE LOCATION FROM INTERSECTION OF DUFF &
MAIN TO A LOCATION ON DUFF AVE APPROX. 150 FT NORTH OF THE INTERSECTION.
ALL OPEN TRENCHES AND OTHER EXCAVATION SHALL HAVE SUITABLE
BARRICADES, SIGNS, LIGHTS, AND OTHER SAFEGUARDS TO PROVIDE ADEQUATE
PROTECTION TO THE PUBLIC. OBSTRUCTIONS SUCH AS MATERIAL PILES AND
EQUIPMENT SHALL BE PROVIDED WITH SIMILAR WARNING BARRICADES, SIGNS,
LIGHTS AND OTHER SAFEGUARDS.
TEMPORARY FENCING IS REQUIRED AROUND ALL OPEN EXCAVATIONS WHENEVER
CONTRACTOR'S PERSONNEL ARE NOT IMMEDIATELY PRESENT.
FOR CONFINED SPACE ENTRY WORK THAT DOES NOT INCLUDE EXCAVATION OR
PAVING, CONTRACTOR MAY PERFORM A SINGLE LANE CLOSURE OF THE OUTSIDE
SOUTHBOUND LANE OF DUFF AVE. FOLLOW MUTCD AND CITY OF AMES
REQUIREMENTS. SINGLELANE CLOSURE DURATION IS LIMITED TO 24 HOURS.
SINGLELANE CLOSURE IS NOT COUNTED IN THE FULL CLOSURE TIMING WINDOWS.
DETOUR24" x 12"
M4-8
24" x 18"
M5-1L
DETOUR24" x 12"
M4-8
24" x 18"
M6-1L
DETOUR24" x 12"
M4-8
24" x 18"
M5-1R
DETOUR24" x 12"
M4-8
24" x 18"
M6-1R
DETOUR24" x 12"
M4-8
24" x 18"
M6-3
24" x 24"
M1-6
24" x 12"
M4-8
DUFF24" x 12"24" x 24"DUFF
24" x 24"DUFF DUFF24" x 24"
DUFF
A B
DC
E F
DETOUR
END
ncollins G:\3-MUNICIPAL\9245 (Ames Power Plant Reroute Design)\Drawings\Traffic Control\TC.dgn12:47:33 PM 11/2/2022
ITEM # __18___
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: UNION PACIFIC RAILROAD MAINTENANCE AND CONSTRUCTION
AGREEMENT - 24TH ST CROSSING
BACKGROUND:
A sidewalk connection over the Union Pacific railroad tracks at the 24th Street crossing just west
of Hayes Avenue has been highly desired by community sidewalk users for many years. In order
to accomplish this project, it has been added to the 2021/22 Concrete Pavement Improvements
Program which includes reconstructing segments of Stange Road and 24th Street. Union Pacific
Railroad will be adding additional concrete panels between the tracks to allow for the sidewalk
connection.
The agreement with UP includes the cost to complete the crossing installation prior to the street
reconstruction project as well as the long-term maintenance obligation for the crossing. The
estimated cost to make these crossing improvements is $52,270. The approved FY 2021/22
Capital Improvements Plan contains $4.2 million for the Concrete Pavement Improvements
Program. The overall roadway project will be let by the Iowa Department of Transportation at a
later date.
It should be noted the agreement requires that any future maintenance, repairs, or
reconstruction of this sidewalk segment across the tracks will be performed at the City’s
expense.
As stated in the agreement, UP will be responsible for the initial construction work completed
inside the tracks, with the City reimbursing the UP for this work. All other work outside of the
tracks will be completed by the City’s contractor as part of the remaining 2021/22 Concrete
Pavement Improvements project.
ALTERNATIVES:
1. Approve Union Pacific Railroad maintenance and construction agreement for the 24th St
crossing.
2. Do not approve this agreement.
CITY MANAGER'S RECOMMENDED ACTION:
The Iowa Department of Transportation requires this agreement be executed before the total
street project can be let. Therefore, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1, as described above. The $52,270 required to complete
the sidewalk will come from the over 2020/21 Concrete Pavement Improvements project budget.
GV
WV
UB
EB
24th street
24TH ST AND UNION PACIFIC RR
SIDEWALK LAYOUT
UNION PACIFIC RR
81 82
cshanno12:43:22 AM \\hrgreen.com\HRG\Data\2021\210688\CAD\Design\CADD_Files\Sheet_Files\SHT_210688_UPRR.dgn
DESIGN TEAM PROJECT NUMBER SHEET NUMBER COUNTY
7/1/2022
ENGLISHFILE NO.STORY STBG-SWAP-0155(706)--SG-85CITY OF AMES \ HR GREEN, INC.S.14
5.0'
1.4%
5.0'
1.4%
5.0'
1.4%
4.0'
0.75%
5.0'
1.2%
8'
8'
6.3'
4.0%
8.8'
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0.6%1.0%
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2'
2'
4.8'
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2%4'
5.2%
12'
12'
3'5.5'9.8'
10.1'
5.5'9.8'3'5.5'
92.8'
3.2'
5.5'
OO
FEET
5
ITEM #: 19
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: 2022/2023 ASPHALT STREET PAVEMENT
IMPROVEMENTS (28TH STREET)
BACKGROUND:
This is the annual program for reconstruction or rehabilitation of deteriorated asphalt
streets to prevent premature breakdown of the pavement and increasing maintenance
costs. For this project, full-depth reconstruction is necessary due to several locations of
structural pavement failure. This project is located on 28th Street from Hoover
Avenue to Ferndale Avenue. The project will also include the upsizing and replacement
of select storm intakes and construction of ADA ramps.
Staff held a public meeting with 28th Street residents to answer questions and obtain
input regarding staging, construction timing, and special access needs. Staff has
completed plans and specifications for this project. A table of total estimated costs is
shown below:
Available
Revenue
Estimated
Expenses
28th St Construction (Est – This Project) $ 858,328
ALTERNATIVES:
1. Approve the plans and specifications for the 2022/23 Asphalt Street Pavement
Improvements (28th Street) and establish December 7, 2022, as the date of
letting and December 13, 2022, as the date for report of bids.
2. Direct staff to revise the project.
CITY MANAGER’S RECOMMENDED ACTION:
Approving these plans and specification will result in lower street maintenance costs,
improve area drainage, and provide a better neighborhood aesthetic. Therefore, it is
the recommendation of the City Manager that the City Council adopt Alternative
No. 1, as noted above.
2022/23 Asphalt Pavement Improvements
JOHNSON ST
26TH ST
HOOVER AVE
FERNDALE AVE
NORTHWESTERN AVE
MELROSE AVE
PIERCE AVE
TYLER AVE
JACKSON DR
28th St (Hoover Ave to Ferndale Ave)
¯
Phase 1
Phase 2
1
ITEM#: 20
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: CYRIDE 2023 HVAC IMPROVEMENTS PLANS AND SPECIFICATIONS
BACKGROUND:
In September 2021, CyRide received $331,548 in Iowa DOT Public Transit Infrastructure
Grant (PTIG) funding to replace obsolete heating, ventilation, and air conditioning (HVAC)
equipment in the facility. The total budget for this project is $414,435 and is programmed
into the Capital Improvements Plan.
The equipment being funded serves the maintenance body repair bay, paint booth, and
tire repair area and has been identified in CyRide’s Transit Asset Management (TAM)
plan as needing replacement. The plans and specifications would replace existing units
with more efficient equipment and upgrade the vehicle exhaust removal system in the
body repair bay. The proposed upgrades would also allow the newer equipment to be
incorporated into the existing HVAC controls and result in a healthier work environment
through improved air exchanges and exhaust extraction.
The current cost estimate from the architectural and engineering consultant is $452,770,
including a 15% contingency fund. To meet the anticipated budget shortfall, the
Transit Board has approved the use of a portion of the approximately $76,000 in
remaining funds from the 2022 HVAC Improvement Project. The 2022 HVAC
Improvement Project is currently in the final stage and no additional costs are anticipated.
The new project budget is shown below:
Funds Available Dollars
State PTIG Funds $331,548
Local Grant Match $82,887
Total Grant Funds Available $414,435
Carryover from the 2022 HVAC Improvement Project $38,335
Total Project Budget $452,770
Both the revised project budget and the plans and specifications were approved by the
Transit Board at its meeting on October 26, 2022. Architectural drawings and
specifications are now on file in the Office of the City Clerk. The bid letting date is
scheduled for November 9, 2022, with bids due on December 14, 2022. Bid results will
be reported to Council on January 10, 2023.
2
ALTERNATIVES:
1. Approve plans and specifications for the CyRide 2023 HVAC Improvements
Project.
2. Direct staff to work with the A&E consultant and refine the project plans and
specifications in accordance with Transit Board priorities.
CITY MANAGER’S RECOMMENDED ACTION:
Approving the plans and specifications would allow CyRide to replace obsolete equipment
with modern, energy-efficient alternatives and improve our employees’ working
environment. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1.
515.239.5101 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
City Clerk’s Office
MEMO
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: November 4, 2022
Subject:
There is no Council Action Form for Item No. 21. Council approval of the contract
and bond for this project is simply fulfilling a State Code requirement.
Item No. 21
Smart Choice
Public Works Department 515.239.5160 515 Clark Ave. P.O. Box 811
Engineering 515.239.5404 Ames, IA 50010
www.CityofAmes.org
Public Works Department
515 Clark Avenue, Ames, Iowa 50010
Phone 515-239-5160 ♦ Fax 515-239-5404
October 25, 2022
Honorable Mayor and Council Members
City of Ames
Ames, Iowa 50010
RE: Domani Subdivision 1st Addition Financial Security Reduction #5
Mayor and Council Members:
I hereby certify that Pavement, HMA, final surface 2” required as a condition for approval of the
final plat of Domani Subdivision 1st Addition have been completed in an acceptable manner by
Manatt’s of Ames, Iowa. The above-mentioned improvements have been inspected by the
Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to
meet City specifications and standards.
As a result of this certification, it is recommended that the financial security for public
improvements on file with the City for this subdivision be reduced to $15,600. The remaining
work covered by this financial security includes COSESCO and Street Trees.
Sincerely,
John C. Joiner, P.E.
Director
JJ/cc
cc: Finance, Planning & Housing, Subdivision file
Item No. 22
Domani Subdivision 1st Addition
October 25, 2022
Page 2
Remaining Work Items Unit Quantity
1
ITEM # ___23__
DATE: _11-8-22
COUNCIL ACTION FORM
SUBJECT: POWER PLANT UNIT #8 CRANE RENOVATION - CONTRACT
COMPLETION FOR MINER CORPORATION
BACKGROUND
The Power Plant Unit #8 crane is original equipment from the construction of Unit #8
which was built in 1982. The crane is used to do overhauls and repairs on the Unit #8
turbine/generator and to hoist other plant material and equipment from the sub-basement
and basement into the plant.
The crane reached a point where it was in need of a major overhaul and modified with
updated controls and drives. It was recommended to install either radio control or a
pendant control for the equipment to be more reliable. All the hoisting motors were
recommended to be replaced with variable frequency drives (VFDs) for better control. All
brake systems also needed to be replaced on the carriage and on the rails. Due to its age
and everyday use, the existing crane became unreliable and required frequent
maintenance to ensure safe and reliable operation during lifts.
Miner Corporation of Omaha, NE was awarded a contract for the Unit #8 Crane
Renovation in the amount of $273,439.10 (inclusive of Iowa sales tax).
There was one change order to the Miner Corporation contract.
Change Order #1: On February 8, 2021, was done to increase the purchase order by
$49,787.10 (inclusive of Iowa sales tax) for additional work to add a belly box control
system, additional transmitter, and replace the bridge motor and brake.
Final expenditures to Miner Corporation of Omaha, NE in the total amount of $323,226.20
(inclusive of sales tax). The approved FY 2019/2020 Capital Improvements Plan included
the following funding for the Unit 8 Crane Renovation in the amount of $400,000 .
All of the requirements of the contract have been met by Miner Corporation and the
Engineer has provided a certificate of completion.
ALTERNATIVES:
1. Accept completion of the contract with Miner Corporation of Omaha, NE for the
Unit #8 Crane Renovation and release retainage in the amount of $16,161.31.
2. Delay acceptance of this project.
2
CITY MANAGER’S RECOMMENDED ACTION:
Miner Corporation has supplied all the parts under the contract, and the City is obligated
to issue formal closure of the contract. Therefore, it is the recommendation of the City
Manager that the City Council adopt Alternative No. 1 as stated above.
ITEM #: 24
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: 2021/22 SHARED USE PATH MAINTENANCE
BACKGROUND:
This program provides for shared use path maintenance activities such as patching, joint
repairs, and micro-surfacing, as well as complete replacement. Locations are determined
using a condition inventory, visual inspection of paths, and input from users.
Improvements will enhance safety and usability and also improve the aesthetics of the
path/trail system. This project focused on cracks and joints that occur in asphalt paths
due to expansion and contraction of the pavement during seasonal temperature
extremes.
There is $125,000 of Local Option Sales Tax allocated for this program annually in the
Capital Improvement Plan. These funds have been accumulated and carried over into the
current budget. After completing several smaller joint sealing and patching contracts that
were financed through this program, approximately $346,132 is available to fund this
project.
On August 24, 2021, City Council awarded the 2021/22 Shared Use Path Maintenance
Project to Mid Iowa Contracting, LLC of Story City, IA in the amount of $277,262 .
Because the low bid came in significantly below the available budget, one Change Order
was administratively approved in the amount of $44,836.40 to add selected section s of
the shared use path network. Work was completed in the amount $322,098.40. A list of
completed locations is attached.
ALTERNATIVES:
1. Accept the 2021/22 Shared Use Path Maintenance project as completed by Mid
Iowa Contracting, LLC of Story City, IA in the amount of $322,098.40.
2. Direct staff to make changes to the project.
CITY MANAGER’S RECOMMENDED ACTION:
This project has been completed within the approved budget. The project will aid in
extending the lifespan of these asphalt paths and enhance the user experience by
repairing joints that are not level with the rest of the pa th.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
LOCATION DESCRIPTION LENGTH (FT) WIDTH (FT) AREA (SF)
Mortensen Rd (Dickinson to Wilder) 1580 8 12640
South Dakota (North of Cochrane) 560 8 4480
South Dakota (Mortensen to Cochrane) 2050 8 16400
College Creek (Thackeray to S Dakota)
and Christopher Gardner Park 2075 8 16600
Lincoln Way (Thackeray to Hickory) 4580 8 36640
State Avenue (North of Mortensen) 2390 8 19120
North Dakota (North of Lincoln Way) 1115 8 8920
Emma McCarthy Lee Park 860 8 6880
Elwood Pasture (University and 6th St to
Lincoln Way) 2650 8 21200
Stuart Smith Park 4800 8 38400
6th St (Hazel to Northwestern) 445 8 3560
Ash Avenue (North of Mortensen) 1415 8 11320
Gateway Hills (South of Mortensen) 885 8 7080
University Blvd (Mortensen to Airport) 3305 8 26440
University (Airport to Cottonwood) 915 8 7320
Cedar Lane (South of Cottonwood) 1100 8 8800
TOTAL ESTIMATED AREA 245,800
ITEM #: 25
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: 2021/2022 PAVEMENT RESTORATION – SLURRY SEAL PROGRAM
BACKGROUND:
The Slurry Seal Program is an annual program applying a wide variety of preventative
and proactive maintenance techniques to preserve and enhance street pavements.
The techniques in this program are typically more specialized or larger in scope than can
be performed with City maintenance staff. The goals of the Slurry Seal Program are
to level joints and provide a new thin wearing surface for traffic predominately
on residential streets , and to limit the typical disruption to residents to no more
than one day.
On January 25, 2022, City Council awarded the 2021/22 Pavement Restoration –
Slurry Seal Program to Fort Dodge Asphalt Company of Fort Dodge, IA in the amount
of $255,733.75. One change order (a balancing change order), a deduction in the
amount of $44,030.48, was administrative ly approved. This change order removed
some streets from the proposed project locations due to the supply chain availability
of the oil used in the slurry seal process . Waiting until the products became available
would result in extending the project date late enough that it would interfere with
school bus routing. Therefore , it was decided to push those locations to next year’s
work to minimize community disruption . The list of locations is attached . Work was
completed in the amount of $211,703.27.
There is $250,000 of Road Use Tax funding allocated to this program annually in the
Capital Improvement Plan, which along with carryover savings leaves $516,750 in total
funds available for the project. Remaining revenue will be utilized for other pavement
restoration priorities.
ALTERNATIVES:
1. Accept the 2021/22 Pavement Restoration – Slurry Seal Program as completed by
Fort Dodge Asphalt Company of Fort Dodge, IA in the amount of $211,703.27 .
2. Direct staff to make changes to this project.
CITY MANAGER’S RECOMMENDED ACTION:
This project has repaired and will extend the lifespan of the streets in the program and
provide a better travelling experience for users of the corridors and for those living in the
neighborhoods.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
2021/22 PAVEMENT RESTORTATION – SLURRY SEAL PROGRAM LOCATIONS
Slurry Seal Completed Locations
Burnett 16th to 20th
12th Grand to Kellogg
Clark 13th to 16th
S Riverside L'Way to Dead End
S Russell L'Way to Dead End
S 2nd S Riverside to S Hazel
S 3rd S Russell to S Oak
Ferndale 24th to 20th
Ferndale 20th to Narland
Furman Ferndale to Ferndale
Narland Ferndale to Roosevelt
Roosevelt 10th to 13th
9th Grand to Northwestern
Edison Carnegie to Whitney
Slurry Seal Incomplete Locations
Hunziker Roosevelt to Ferndale
Bel Air 16th To Coolidge
Bel Air Circle
Arthur Bel Air to Coolidge
Arthur Circle
Roosevelt 13th to 16th
ITEM # ___26 _
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: 2019/20 SANITARY SEWER REHABILITATION - (BASIN 10)
BACKGROUND:
This is the annual program for rehabilitation/reconstruction of deficient sanitary sewers
and deteriorated manholes at various locations throughout the city. The goal of this
program is to identify and remove major sources of inflow/infiltration as a means of
lowering the peak wet weather flow at the sewage treatment plant.
On February 23, 2021, City Council awarded the contract to Municipal Pipe Tool Co.,
LLC, of Hudson, Iowa in the amount of $1,283,163.75. Change Order No. 1 was approved
at no cost to extend the completion date. Change Order No. 2 (this action) is the
balancing change order resulting in a net contract deduction of $468,840.04.
Construction was completed in the amount of $814,323.71.
Revenues and expenses associated with this program are estimated as follows:
Revenue Expenses
State Revolving Fund
Sewer Utility Fund
$ 3,684,000
250,000
2019/20 Sanitary Sewer Rehab (Basin 10)
Construction (future phases budget)
$ 814,323.71
2,494,676.29
Engineering/Administration (Est.) 625,000.00
TOTAL $ 3,934,000 $3,934,000.00
ALTERNATIVES:
1. a. Approve Change Order No. 2 a deduction in the amount of $468 ,840.04.
b. Accept the 2019/20 Sanitary Sewer Rehabilitation (Basin 10) project as
completed by Municipal Pipe Tool Co., LLC, of Hudson, Iowa in the amount of
$814,323.71.
2. Direct staff to pursue changes to the project.
CITY MANAGER'S RECOMMENDED ACTION:
This project was completed in accordance with the approved plans and specifications.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
ITEM # 27
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: SETTING DATE OF PUBLIC HEARING FOR STATE REVOLVING FUND
CLEAN WATER LOAN IN AN AMOUNT NOT TO EXCEED $12,700,000
FOR SANITARY SEWER SYSTEM IMPROVEMENTS
BACKGROUND:
This loan provides funding for the annual Sanitary Sewer System Improvements program for
rehabilitation/reconstruction of deficient sanitary sewers and deteriorated manholes at
various locations throughout the city. System improvement locations have been identified
through field investigation completed over the last several years. Several structural defects
(rating of 4 or 5) have been identified as priorities within this program through manhole
inspections, smoke testing, and televising.
The Capital Improvement Plan (CIP) includes State Revolving Fund (SRF) Clean Water Loan
funding for the program. This funding will allow for significant improvements for five projects;
Sanitary Sewer Rehabilitation (Wilson Ave and 15th Street), Sanitary Sewer Rehabilitation
(Munn Woods), Sanitary Sewer Rehabilitation (Siphon), Sanitary Sewer Rehabilitation (Basin
10), and Sanitary Sewer Rehabilitation (Ames High School & Veenker Golf).
The SRF Clean Water Loan will provide $12,700,000 of funding for this Sanitary Sewer
System Improvements program. Repayment of the loan will be from the Sanitary Sewer Fund.
This action will set the public hearing, which is required to proceed with the SRF loan.
ALTERNATIVES:
1. Establish November 22, 2022, as the date of public hearing to enter into a State
Revolving Fund Clean Water Loan agreement in an amount not to exceed
$12,700,000.
2. The City Council can delay the hearing on the loan agreement.
3. The City Council can decide to fund these improvements from other revenues sources.
CITY MANAGER’S RECOMMENDED ACTION:
Setting the date of public hearing will ensure that City staff can proceed with the loan funding
and sanitary sewer system improvements plan as previously approved by Council.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative No. 1, as described above.
ITEM # 28
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: SETTING DATE OF PUBLIC HEARING FOR DRINKING WATER STATE
REVOLVING FUND LOAN IN AN AMOUNT NOT TO EXCEED $8,500,000
FOR NEW WATER WELLS
BACKGROUND:
As old wells fail and need to be replaced and as demand for treated water increases,
additional water supply wells must be constructed. This project will provide a combination of
new and replacement water supply capacity by the addition of three new wells and
interconnecting pipeline to the water treatment plant. The project will also include new fiber
optic communication conveyed to the water treatment plant for well controls and security
measures. The three new wells, to be located north of North River Valley Park, will be
connected to the existing standby generator located at the Water Treatment Plant to provide
emergency power to the wells. This project was bid previously, but the bids that were
received were significantly greater than the Engineer’s estimate, predominately related to the
electrical work. The project engineer believes now is a better time to bid the project in order
to receive more favorable bids.
A Drinking Water State Revolving Fund (DW SRF) Loan in the amount of $8,500,000 has
been identified as the funding source for the construction of these new wells. Repayment of
the loan will be from water utility revenues. The not-to-exceed amount was established to
cover potential cost increases and change orders; the City will only borrow the amount
actually needed to fund the project. A public hearing is required to proceed with the SRF
loan.
ALTERNATIVES:
1. Set November 22, 2022, as the date of public hearing to enter into a Drinking Water
State Revolving Fund Loan agreement in an amount not to exceed $8,500,000.
2. Take no action to proceed with the loan agreement at this time and provide further
direction to staff regarding the future of this project.
MANAGER’S RECOMMENDED ACTION:
Use of the Drinking Water State Revolving Fund (DW SRF) to finance the construction of a
new well field has been identified as the most appropriate financing vehicle for this project.
The principal and interest payments related to the load have been accounted for in the Water
Fund rate design. Therefore, it is the recommendation of the City Manager that the City
Council adopt Alternative No. 1, as described above.
ITEM #: 29
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: SALE AND ISSUANCE OF ESSENTIAL CORPORATE PURPOSE
GENERAL OBLIGATION BONDS SERIES 2022A ISSUE IN AN
AMOUNT NOT TO EXCEED $13,400,000
BACKGROUND:
The FY 2022/23 Budget includes General Obligation (G.O.) Bond -funded capital
improvement projects in the amount of $13,400,000. The City Council held a public
hearing on the issuance of these bonds on March 8, 2022. Separately, on September 14,
2021, the City Council held a public hearing for the issuance of G.O. Bonds to fund a
capital improvement project for the Indoor Aquatic Center. Council action is now required
to authorize the sale.
Projects to be funded by this bond issue include the following:
Fire Apparatus Replacement $ 747,000
CyRide Route Pavement Improvements (Lincoln Way) 1,225,000
Concrete Pavement Improvements 3,600,000
Asphalt Street Pavement Improvements 3,000,000
Seal Coat Pavement Improvements 750,000
Alley Pavement Improvements 400,000
Downtown Pavement Improvements 250,000
Intelligent Transportation System 452,560
Bridge Rehabilitation (South Fourth St/Ioway Creek) 700,000
Indoor Aquatic Center - Essential Purpose URA 1,000,000
Fire Station 3 Concrete Rehabilitation - General Corporate Purpose 350,000
Downtown Plaza - General Corporate Purpose 700,000
Subtotal Tax Supported Bonds $13,174,560
Estimated Issuance Costs 225,440
Grand Total – 2022/23 GO Issue $13,400,000
On the morning of November 8, 2022, the City will accept bids for the bonds per the
terms of our offering statement. The bids will be evaluated by our financial advisor,
the City’s Bond Counsel, and by City staff to recommend award to the bidder with
the lowest cost. A report of bids will be provided to Council at the November 8,
2022, meeting. The City Council will then be asked to adopt a resolution accepting
bids and authorizing award of the sale of bonds to the chosen bidder.
ALTERNATIVES:
1. Adopt a resolution accepting bids and authorizing the sale and issuance of
Essential Corporate Purpose General Obligation Bonds in an amount not to
exceed $13,400,000.
2. Reject the bond sale resolution and delay the capital projects.
CITY MANAGER’S RECOMMENDED ACTION:
Issuance of these bonds is necessary in order to accomplish the City’s approved capital
improvements during this fiscal year.
Therefore, it is the recommendation of the City Manager that the City Council accept
Alternative No. 1, as described above.
ITEM #: 30
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: RENAMING THE AMES MUNICIPAL AIRPORT AFTER JAMES
HERMAN BANNING
BACKGROUND:
On September 27, 2022, staff presented a report to the City Council on the renaming of
the Ames Municipal Airport after Mr. James Herman Banning. During that meeting, staff
discussed the City Council Naming Policy and how it applies to the Airport. The discussion
also covered guidance from Federal Aviation Administration (FAA) staff on what is
required to change the Airport’s name in their system. As a reminder, the FAA only
requires a resolution stating the exact new name in the resolution for them to begin the
publishing process in the national airport systems database. The Federal process of
publishing the name is expected to take several months.
The Airport can begin changing the local signage after the resolution has been approved.
It is estimated to be around $7,400 to change both sides of the Terminal Building and the
main entrance signage off Airport Road. City Council directed staff to bring back an item
to change the name to the “James Herman Banning Ames Municipal Airport.”
ALTERNATIVES:
1. The City Council can decide to:
a) Rename the Ames Municipal Airport to the “James Herman Banning Ames
Municipal Airport”, and
b) Authorize $7,400 from the City Council Contingency for the Airport signage
changes.
2. The City Council can decide to retain the name “Ames Municipal Airport.”
MANAGER’S RECOMMENDED ACTION:
In accordance with City Council’s previous direction, it is the recommendation of
the City Manager that the City Council adopt Alternative No. 1, as noted above. If
approved, staff will provide FAA with the renaming resolution to begin the Federal process
and will initiate changing the local signage.
Caring People Quality Programs Exceptional Service
515.239.5105 main
fax
Office of the Mayor
MEMO
To: City Council
From: John A. Haila, Mayor
Date: November 8, 2022
Subject: Naming the Downtown Plaza for Steven L. Schainker
At the City Council meeting on October 25, the City Council approved a motion to: 1)
waive the Parks & Recreation Naming Policy Procedures Section 5, subsections “a” and
“b,” and 1) direct staff to present a resolution for Council consideration at the November
8, 2022 meeting to name the City of Ames Downtown Plaza after City Manager Steven
L. Schainker.
A resolution to formalize the naming of the plaza is attached to this memo.
As a reminder to the City Council, this proposal to name the plaza for City Manager
Schainker is being considered on the basis that the individual recognized is qualified as
both a historic person and an outstanding individual, as those terms are defined in the
Parks and Recreation Naming Policy below:
a.“Historic Events, People, and Places The history of a major event, place or
person may play an important role in the naming or renaming of a park as
communities often wish to preserve and honor the history of a city, its founders,
other historical figures, its Native American heritage, local landmarks and
prominent geographical locations, and natural and geological features through
the naming of parks.
b.Outstanding Individuals The City has benefited, through its evolution, from
the contributions made by many outstanding individuals. This category is
designed to acknowledge the sustained contribution that has been made by such
individuals to the City and/or the development and management of the City’s
park and recreation system.”
Steven L. Schainker received a Bachelor’s degree with honors in Political Science from
the University of Connecticut and a Master’s Degree in Public Affairs from Indiana
Item No. 31
University’s School of Public Environmental Affairs. He started his career in Kansas
City, Missouri, and thereafter came to the City of Ames as an Assistant in the City
Manager’s Office in July 1979.
On October 5, 1982, the City Council voted to appoint Steve to serve as Ames’ seventh
city manager. Over his 40+ year career, he has served on numerous national, state, and
professional boards and committees, including as president and executive board
member on steering and professional development committees. Steve served as a
Regional Vice President for the International City/County Management Association
from 1989 to 1990. In 1994, he received the Joe Lukehart Professional Service Award
from the Iowa City/County Management Association, which is awarded to “recognize
outstanding contributions to the development and support of the city management
profession in Iowa.” He has also served on Indiana University’s School of Public
Environmental Affairs board of visitors and was named Iowa State University’s first
“resident practitioner” for its Masters in Public Administration Program.
Through his tenure as city manager, the City of Ames organization has benefited from
Steve’s leadership in developing and championing the Excellence Through People
organizational philosophy and values, which establishes the goals to provide
exceptional customer service at the best price and to provide an enjoyable and
stimulating work environment through which personal and professional growth may
occur.
The proposed renaming of the plaza in City Manager Schainker’s honor has been
endorsed by Ames’ two former living mayors, Ted Tedesco and Ann H. Campbell.
Therefore, I request that the City Council adopt a resolution on November 8, 2022
to name the Downtown Plaza the “Steven L. Schainker Plaza.”
RESOLUTION NO. 22-
RESOLUTION NAMING THE DOWNTOWN PLAZA
“STEVEN L. SCHAINKER PLAZA”
FOR THE CITY OF AMES, IOWA
WHEREAS, the City of Ames has undertaken construction of a Downtown Plaza, which
will provide year-round recreational amenities across the street from Ames City Hall; and,
WHEREAS, City Manager Steven L. Schainker is being considered on the basis that the
individual recognized is qualified as both a historic person and an outstanding individual; and,
WHEREAS, Mr. Schainker received a Bachelor’s degree with honors in Political Science
from the University of Connecticut and a Master’s Degree in Public Affairs from Indiana
University’s School of Public Environmental Affairs. He started his career in Kansas City,
Missouri, and thereafter came to the City of Ames as an Assistant in the City Manager’s Office in
July 1979; and,
WHEREAS, on October 5th, 1982, the City Council voted to appoint Mr. Schainker to serve
as Ames’ seventh City Manager. Over his 40+ year career, he has served on numerous
international, state, and professional boards and committees, including as regional vice president,
president, and executive board member on steering and professional development committees;
and,
WHEREAS, in 1994, Mr. Schainker received the Joe Lukehart Professional Service Award
from the Iowa City/County Management Association, which is awarded to “recognize outstanding
contributions to the development and support of the city management profession in Iowa.” He has
also served on Indiana University’s School of Public Environmental Affairs board of visitors and
was named Iowa State University’s first “resident practitioner” for its Master’s in Public
Administration Program; and,
WHEREAS, through Mr. Schainker’s tenure as City Manager, the City of Ames
organization has benefited from his leadership in developing and championing the Excellence
Through People organizational philosophy and values, which establishes the goals to provide
exceptional customer service at the best price and to provide an enjoyable and stimulating work
environment through which personal and professional growth may occur; and,
WHEREAS, the proposed naming of the Downtown Plaza in City Manager Schainker’s
honor has been endorsed by Ames’ two former living mayors, Ted Tedesco and Ann H. Campbell.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa,
that naming the Downtown Plaza “Steven L. Schainker Plaza” is hereby approved.
ITEM # ___32__
DATE 11-08-22
COUNCIL ACTION FORM
SUBJECT: LIQUOR LICENSE RENEWAL – NEIGHBORHOOD LIQUOR AND
SMOKES, 3505 LINCOLN WAY, SUITE 105
BACKGROUND:
Neighborhood Liquor and Smokes, located at 3505 Lincoln Way, Suite 105, has applied
for a renewal of its Class E Liquor License with Class B Wine Permit, Class C Beer Permit
(Carryout Beer), and Sunday Sales Privilege. These state licenses and permits must
receive approval by the local authority (City Council), before they can be issued by the
state.
The Police Department conducts compliance checks on establishments that hold liquor
licenses in the City of Ames. The compliance checks are completed by taking an
underage person to liquor licenses establishments who then attempts to purchase
alcohol. A business passes the check if the employee asks for identification and correctly
refuses the purchase. An establishment fails the compliance check if the employee sells
to the underage person.
The Police Department conducted one such compliance check at Neighborhood Liquor
and Smokes on March 26, 2021. The employee of Neighborhood Liquor and Smokes
sold alcohol to an underage person during the check and was cited.
The Police Department conducted another compliance check on February 11, 2022, and
an employee sold alcohol to the underage minor. On May 15, the Iowa Alcoholic
Beverages Division (ABD), suspended the establishment’s license for 30 days for a
second violation in less than two years and fined the business $1,500 as prescribed in
Iowa Code 123.50(3)(b).
The Police Department conducted a follow-up compliance check on October 20th,
2022, when an employee again sold alcohol to a minor. Th is is the third violation
within three years and Iowa Code 123.50(3)(c) prescribes a 60-day suspension and
$1,500 fine. This suspension and fine will be imposed on the establishment by ABD
regardless of whether the City Council chooses to approve or deny the requested
renewal.
In addition to the three compliance check failures, the Police Department has received
complaints from citizens, mostly parents, complaining that the business has sold alcohol
and tobacco/vaping products to their underage children. While the Police Department has
not been able to substantiate each complaint, the complaints tend to corroborate the
staff’s observations made during compliance checks.
In the event that the City Council denies the requested license renewal, the denial can be
appealed, first to the ABD, then to an Administrative Law Judge, then the Director of ABD,
and then District Court. Filing an appeal with ABD places a stay on the denial, and the
establishment is allowed to continue to operate until the appeal process is complete. If
the appeal(s) are not successful, alcohol may not be sold on the premises for one
year, or until a new licensee applies for and is granted a new liquor license.
ALTERNATIVES:
1. Deny the application for a 12-month liquor license renewal.
If this alternative is approved, the establishment still will be subject to a fine
by the state of Iowa.
2. Approve the application for a 12-month liquor license renewal.
If this alternative is approved, the establishment still will be subject to the
60-day suspension and fine by the state of Iowa at some point during the
renewal period.
3. Deny the application for a 12-month renewal, but entertain a future application for
a 6-month renewal should it be applied for and come before Council.
If this alternative is approved, the establishment still will be subject to the
60-day suspension and fine by the state of Iowa at some point during the
renewal period.
CITY MANAGER’S RECOMMENDED ACTION:
Compliance checks are conducted by the Ames Police Department and ABD to ensure
liquor license holders are complying with their obligation to ensure underage individuals
are not being sold alcohol. These compliance checks require the establishment to
exercise a minimal level of due diligence in order to pass. In order to comply, the
establishment must simply ask the customer for identification, confirm the age of the
customer as being less than 21, and deny the sale.
The applicant, Neighborhood Liquor and Smokes, has failed three such compliance
checks in nineteen months. A fine and suspension from ABD along with citations from the
Ames Police Department have not resulted in a change in practices. Staff does not have
confidence that the staff of this establishment will comply with the requirements for
holding an alcoholic beverage control license. The Police Chief recommends a denial of
the applicant’s request for a license renewal.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM #:__33___
Staff Report
REQUEST TO AMEND DOWNTOWN URBAN REVITALIZATION AREA ELIGIBILITY
CRITERIA AND ABATEMENT SCHEDULE
November 8, 2022
BACKGROUND:
The City Council has established an Urban Revitalization Area (URA) for the Downtown
area. This URA was established to promote façade rehabilitation for the buildings in this
corridor. Financial assistance and tax incentives are available for approved rehabilitation
projects.
On August 12, 2022, City Council received a request from Dylan Kline of the Ames
Economic Development Commission (AEDC) to consider two changes to the
current Downtown URA (attached). One requested change was to allow for a partial
property tax abatement schedule of 3, 5, or 10 years compared to the current 3-year
allowance. The second request was to allow for additional projects to qualify for
abatement by changing the eligibility criteria. The letter describes an interest in
supporting investment Downtown regardless of whether front facades of a building are
part of the improvements to a building.
The current structure of the Downtown URA was approved in 2001. The program
was established to support improvements to Downtown that are consistent with
the design guidelines of the Downtown Façade Grant Program. This component of
the URA was intentional by the City Council in response to prior programs that did
not include eligibility criteria and allowed all improvements to receive tax
abatements. Council believed at that time that without mandatory design
requirements for the Downtown area, using incentives based upon façade
improvements and specific types of commercial uses was important to facilitate
meeting the City’s goals for Downtown.
The URA program was updated in 2008, but there were no significant changes to the
criteria. The most recent discussion of Downtown incentives was part of the 2018 City
Council Goals and Downtown workshop. However, no direction was given to adjust any
parts of the URA.
HISTORY OF URBAN REVITALIZATION AREA TAX ABATEMENT INCENTIVE
PROGRAM:
The City has a long history of utilizing the Urban Revitalization Area (URA) tax incentives
to promote investment in specific areas of the community. In 1982 five URAs were
established which included the Downtown, Campustown, and the South Duff areas. At
that time a partial tax abatement incentive was offered on the incremental value of any
2
improvement created within the boundaries of the area. After time, the City Council
decided that this tax incentive should be offered only if it met the goals of the
Council. This change in philosophy resulted in unique eligibility criteria being
developed for each of the URAs. For example, the tax incentive eligibility in the
Downtown became dependent on the project meeting the criteria for facades, either
historic and non-historic. In Campustown, in order to become eligible of the URA tax
incentive, a project has to meet the criteria related to use, design requirements, and public
safety measures.
CURRENT ELIGIBILITY CRITERIA FOR DOWNTOWN URA:
The current criteria for eligibility the Downtown URA are as follows:
1. Properties must be located within the designated Downtown Urban
Revitalization Area.
2. Façade Improvements and the scope of work must follow the current
Downtown Design Guidelines as approved by City Council. If additional interior
or exterior improvements are part of the same project, the entire project is
eligible for tax abatement, as long as the project includes façade improvements
whose scope and design follow the Guidelines.
Note that the eligibility is based on improvements complying with the Façade
Design Guidelines, not that a project was in fact awarded a façade grant.
3. If the first floor is vacant before the façade improvements are made, then the
front half of the first floor is required to have a retail use after the improvements
are completed. If the first floor has a permitted use before the façade
improvements are made, then it is eligible. No residential structures are eligible.
4. Improvements must be made to the property increasing its actual value by 5%
or more. The property is eligible to receive abatement of 100% of this added
value for each of three (3) years.
5. The improvements must be maintained for three (3) years.
TAX ABATEMENT SCHEDULES:
When a property qualifies for abatement, there is a prescribed schedule that accompanies
a URA. State statute outlines abatement schedules that can be applied to a property.
The City typically follows state law options with the a 3-year 100% abatement and a 10-
year sliding, or an optional 5-year sliding scale.
Historically, the City Council has made available a 3, 5 and 10 abatement schedule for
incremental improvements, except for the Downtown URA that only allows for a 3 year
100% abatement.
3
Abatements vary in value over the time of each schedule. For a commercial property, the
3 year option typically results in an approximately a value of 8%-9% of the incremental
taxable value of the improvement. The longer-term schedules offer additional monetary
value along with partial payment of property taxes, but the tradeoff is the value of the
incentive is realized over a longer period of time. A 10 year sliding scale schedule would
result in approximately a 12-13% value in relation to the improvement.
An alternative way of viewing the schedule options is to compare values over the same
time frame of ten years. A 3-year 100% abatement is effectively a value of 30% of the
incremental value of the improvement over a 10-year period. The 10-year sliding scale
schedule results in approximately a 45% property tax abatement value over the same
period. These two examples assume a constant value for the improvement and no
variability in the tax rates.
For Downtown, it uniquely only allows for the 3-year 100% abatement option. It is not
clear from the original adoption why only the 3-year option is allowed. Staff hypothesizes
that due to limited value of improvements that the quick schedule of 100% abatement
was adequate as an incentive compared to lower percentages of abatement over longer
periods of time. Additionally, the types of activities incentivized by the URA are lower
costs that requirements and objectives for other URAs, such as Campustown. Staff has
no concern allowing all three schedule options in the Downtown URA.
OPTIONS:
City Council has selectively utilized tax abatement programs in the past to target specific
uses and areas that would achieve a Council goal for enhancement. In this case,
Downtown is a recognized area for enhancement and the City has supported significant
investment in Downtown over the past 20+ years. The issue brought up in the referral
arises when a proposed improvement does not include a façade work, thereby
making it ineligible for the tax abatement incentive.
The following options are being presented for City Council consideration.
1. Modify the Downtown URA Program to offer the 3, 5, or 10 year abatement
schedules for any incremental improvement made in the area as requested within
the letter from the AEDC. (No Eligibility Criteria)
City Council could expand eligibility for all types of commercial uses and include
residential uses, even if there is no exterior work. This option would promote
repurposing existing space and it would not expect exterior façade work to occur
to take advantage of the incentive. This option may or may not support the prior
emphasis on the physical improvement of facades in Downtown as it would be up
to the building owner to determine their scope of work.
Additionally, it does not address if a building may be demolished and replaced with
a new building that receives abatement. Note that the current criteria do not
prohibit demolition and replacement in regards to tax abatement eligibility.
4
2. Modify the Downtown URA Program to offer the 3, 5, or 10 year abatement
schedules for any incremental improvement made in the area, but not allow
projects that include the demolition of existing buildings. (No Eligibility Criteria)
This option would follow the model of Option 1, but include language restricting
eligibility to the retention of existing buildings. A site with a demolished building
would not be eligible.
3. Modify the Downtown URA Program to offer the 3, 5, or 10 year abatement
schedules for any incremental improvement made in the area if the building has a
compliant historic façade or includes improvements to the façade consistent with
the existing Downtown guidelines. (Retains the current façade guidelines for
eligibility, potentially expand eligibility to some existing buildings)
This approach would potentially expand abatement opportunities for buildings by
allowing for eligible uses within a building that already has a compliant façade to
receive property tax abatement on improvements that occur within the building.
Staff would apply the Downtown Design Guidelines to a project to determine if it
meets this intent of promoting storefront type features. This option could
potentially be used many times as different improvements are made within a
building over time. Abatement values would reset with each new improvement that
is undertaken by the owner.
Projects that do make façade improvements consistent with the Guidelines would
continue to be eligible just as they are now.
4. Modify the Downtown URA Program to offer the 3, 5, or 10 year abatement
schedules for any incremental improvement made in the area, but only for specific
uses such as second floor residential or entertainment/food. (Exclude Trade and
Office Uses)
This option takes a different approach for incentives to focus on targeted uses that
are important to the City Council compared to physical improvements to a façade.
For example, adding residential as a desired use and targeting entertainment,
restaurant, bar, or brewery types of uses for an incentive would match this option.
This option could be combined with other options.
This approach may not promote exterior façade improvements as it the intent for
the current program because it is use based and has no specific design
requirements. Additionally, excluding some uses to focus on targeted uses might
not motivate building owners to make exterior improvements unless they can
secure a specific targeted use. Additionally, the exterior improvements would not
need to match the Downtown Guidelines if they do not pursue a façade grant.
5
5. No Change (Retain existing Eligibility Criteria)
This option would maintain the status quo where the intent of the program is to
incentivize exterior improvements that enhance the appearance of a building.
STAFF COMMENTS:
The question before the City Council is whether or not to modify the existing URA eligibility
criteria. The Downtown URA was established to incentivize improvements and
revitalization in Downtown that include exterior façade work in a manner that was
consistent with the desired character of Downtown. The zoning regulations for Downtown
have no specific design standards, and the City tends to rely upon the incentive program
of the URA to promote desired design features rather than establishing mandatory design
guidelines.
If City Council desires to take a broader view of incenting investment Downtown, it could
choose from a range of choices of having no eligibility criteria to altering the existing
criteria to promote targeted investment. Regardless of changes to allow for broader
eligible activities, staff believes that external façade work is valuable component
of the incentive program and should be integrated into the eligibility criteria to
some degree, as proposed in Option 3, due to lack of other mandatory design
requirements for Downtown in the Zoning Ordinance. Additionally, staff believes
that, at minimum, the program should not unintentionally incentivize destruction
of the historic character of Downtown.
6
August 12, 2022
Dear Mayor and Council:
In exploring potential projects that will help strengthen Downtown, we discovered a couple of
issues with existing programs that, if addressed, will promote investment in the area.
They are:
As currently written, to qualify for tax abatement on downtown projects, a project must first
qualify to receive a façade grant. Projects that provide a meaningful investment in downtown in a
building that does not need façade improvements would therefore be excluded from the program.
While the overall façade program is beneficial, we would like to see the tax abatement program
decoupled from the façade grant program so that tax abatement is available in both cases.
Comparing two sample scenarios, a $1 million dollar investment that qualifies to receive a
$15,000 façade grant will be eligible to have the entire project abated. However, a $1 million
dollar investment that does not qualify to receive a façade grant is not eligible for any abatement.
We would like to see investment incentivized more globally and not be tied to a relatively small
and narrowly defined program.
Secondly, under the current façade grant program, abatement is limited to a three-year, 100%
abatement schedule. This is not consistent with the Campustown redevelopment abatement
program, which allows 3-, 5-, and 10-year schedules. We would ask that the same 5- and 10-year
schedules be added to the Downtown program.
We are excited about what is currently happening Downtown and believe these two changes will
encourage future investment to strengthen it as a thriving, energetic district.
Thank you for your consideration!
Sincerely,
Dylan Kline
Director of Business Development
Ames Economic Development Commission
ITEM #___34___
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: PROPOSED NORTH DAYTON INDUSTRIAL PARK URBAN
RENEWAL AREA
BACKGROUND:
Urban Renewal Areas (URA) allow for a city to use a variety of powers and authorities to
support economic development within an URA, as defined by Chapter 403 of the Code of
Iowa. An Urban Renewal Plan for an Urban Renewal Area may also establish Tax
Increment Financing (TIF) districts to financially support the objectives and projects of the
Urban Renewal Plan.
The proposed URA comprises approximately 73 acres of land along Dayton Avenue on
land containing a recently approved Preliminary Plat known as the North Dayton Industrial
Park Subdivision at 2105 & 2421 Dayton Avenue. (Attachment A). The proposed
boundaries match the external boundary of the North Dayton Industrial Park Subdivision
Preliminary Plat. The land is currently zoned General Industrial (GI) with a masterplan
which was approved this past summer.
The City Council approved a Development Agreement with Dayton Avenue
Development LLC at its October 5th City Council meeting. That agreement
described the terms and conditions as well as the maximum amount of financial
assistance to be rebated via incremental property taxes to the developer for
development of this industrial subdivision. The agreement and its obligations are
predicated on the City approved an Urban Renewal Area and Plan for this site.
The proposed Urban Renewal Plan (URP) is intended to promote economic
development for the City of Ames by supporting the development of small-scale
industrial lots and speculative buildings for small businesses. (Attachment B) The
proposed URP contemplates use of Tax Increment Financing (TIF) in the form of property
tax rebates to the developer. The value of the incentive is based upon estimated costs
of public improvements needed to support the subdivision and is capped at $2,968,264.
Note that the development agreement caps the TIF at either 10 years of rebates or
$2,968,264, whichever occurs first.
URBAN RENEWAL AREA:
The creation of an urban renewal area first requires the City Council to adopt a
resolution of necessity to initiate the process of adopting the Urban Renewal Plan
for an area. Approving the resolution of necessity kicks off a number of steps
including public notice for a hearing to adopt the Plan.
Subsequent steps include a referral to the Planning and Zoning Commission for
recommendation on conformance to the Ames 2040 Comprehensive Plan, formal
consultation with affected taxing entities (e.g. Story County and Ames Community School
District) and notice of a public hearing to adopt the Plan. Important dates and steps are
outlined below:
November 8th:
Staff presents the URA and draft URP to the City Council. Council adopts a resolution
of necessity to initiate the statutory process for the URA.
November 16th:
The Planning and Zoning Commission must make a recommendation as to whether
the Urban Renewal Plan is consistent with the Ames 2040 Comprehensive Plan. No
official public hearing is required, but public input may be gathered.
November 18th:
City staff meets with interested taxing entities for consultation related to tax increment
financing. The taxing entities have 7 days to make written recommendations for
modifications to the plan.
December 13th:
The City Council conducts a public hearing in order to approve the Plan. The Council
then approves a resolution adopting the URA and URP. An TIF ordinance will also be
presented at that meeting.
URBAN RENEWAL PLAN:
The proposed Plan includes the necessary components described by the Code of Iowa.
The draft URP identifies its purpose to support economic development. It describes the
projects and its objectives. The draft URP identifies those components of the Ames 2040
Comprehensive Plan that support the proposed URA.
The Urban Renewal Plan must reflect if, and how, TIF funds will be used. The identified
amount of TIF funds is a cap on the amount of TIF that can be collected in support of
Urban Renewal Projects. Additional projects, or any increase in TIF that exceeds what is
authorized in the Plan, would require an amendment to the Plan. The Plan identifies up
to $2.968 million dollars for use in facilitating private development through incremental
property tax rebates.
The Iowa Code also requires that the Plan contain a summary of the City’s current debt
obligations, the City’s limits on issuing debt, and an estimate of the amount of TIF debt
that would be incurred. In this case the structure of the TIF rebate will be subject to annual
appropriation by the City Council and does not count towards the City’s debt limit.
A TIF ordinance establishing a TIF District for the entirety of the North Dayton Industrial
Park URA will be drafted and brought back to the City Council for consideration at a public
hearing in conjunction with the adoption of the URA and URP on December 13th, 2022.
REPRESENTATIVE TO CONSULTATION:
Since this proposed urban renewal area will include tax increment financing, the Code of
Iowa requires that the City hold a consultation with the other affected taxing entities (the
School District and the County). Following the consultation, the taxing entities are allowed
to make recommendations for any changes to the Urban Renewal Plan. The City must
then respond to those recommendations for changes.
The City Council may appoint a representative to the consultation and to respond
back regarding any requests by the taxing entities for modifications to the plan. In
the past, the Planning and Housing Director, or his designee, has been appointed
to fulfill this role as the Council’s representative to the consultation. In this
instance, the consultation is tentatively scheduled for November 18th. Any
comments from the taxing entities would then be required to be submitted within
seven days. The City’s representative would then respond back to those comments
no later than seven days prior to the public hearing planned for December 13th.
ALTERNATIVES:
1. Adopt a resolution of necessity that City desires to support economic development
within the described URA boundaries and to initiate the proceedings for creating
the urban renewal area, and
a. Forward the draft Urban Renewal Plan to the Planning and Zoning
Commission for a recommendation, and
b. Appoint the Planning and Housing Director or designee as the City’s
representative to the consultation with the affected taxing entities on
November 18th, and
c. Set the public hearing date for the Urban Renewal Plan on December 13th,
2022.
2. Do not adopt a resolution of necessity and ask for more information or direct
specific changes to the plan before proceeding.
3. Decline to initiate creating an Urban Renewal Area for the North Dayton Industrial
Park and direct the City staff not to proceed further with creation of an Urban
Renewal Area and Urban Renewal Plan.
CITY MANAGER’S RECOMMENDED ACTION:
The proposed Plan includes the justification for financially supporting economic
development goals for the URA. The Plan authorizes future use of Tax Increment
Financing (TIF) to provide an incremental property tax rebate to the developer. Staff will
prepare a TIF ordinance to accompany approval of the Plan.
The creation of the North Dayton Avenue Industrial Park URA and URP is the final step
in the City financially supporting the development of small scale industrial lots and
speculative buildings at this location. This is the fulfillment of City Council’s decision to
assist in enabling the development small-scale industrial lots due to an identified need in
the market for small sites for small business development.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative 1.
Attachment A- Proposed Urban Renewal Area
URBAN RENEWAL PLAN
North Dayton Industrial Park Urban Renewal Area
CITY OF AMES, IOWA
October 21, 2022
I. INTRODUCTION
Chapter 403 of the Code of Iowa authorizes cities to establish areas within their
boundaries known as "urban renewal areas," and to exercise special powers within these
areas.
Chapter 15A of the Code of Iowa declares that economic development is a “public
purpose” and authorizes local governments to make grants, loans, guarantees, tax
incentives and other financial assistance to private enterprise. The statute defines
“economic development” as including public investment involving the creation of new jobs
and income or the retention of existing jobs and income that would otherwise be lost.
The proposed URA matches the boundaries of the North Dayton Industrial Park Subdivision
and is approximately 73 acres in size. In addition to defining an area, Iowa Code requires
preparation of a Plan identifying the purpose of the URA and the types of projects and
activities that will occur within the URA.
This document is intended to serve as the Urban Renewal Plan for an urban renewal area
to be known as the North Dayton Industrial Park (the "Urban Renewal Area"). It is intended
that this Urban Renewal Plan will guide the City in promoting economic development. This
document is an Urban Renewal Plan within the meaning of Chapter 403 of the Code of
Iowa, and it sets out proposed projects to be undertaken within the Urban Renewal Area.
A City's Planning and Zoning Commission must review the draft plan and inform the City
Council if it is consistent with the City's general plan, for Ames this is the Ames 2040
Comprehensive Plan. Additionally, all affected taxing entities, such as counties and school
districts, must be notified and given an opportunity to comment on the proposed plan. The
City Council must hold a public hearing on the urban renewal plan, following which, the
Council may approve the plan and designate an area.
II. DESCRIPTION OF URBAN RENEWAL AREA
The North Dayton Industrial Park Urban Renewal Area would include approximately 73 acres
of land located along Dayton Avenue in the northeastern part of Ames as depicted in
Attachment A. A legal description of the property is attached hereto as Exhibit B.
III. AREA DESIGNATION
The URA is designated as an economic development area appropriate for the promotion of
industrial development. Appropriateness for industrial development is based upon the City’s
Comprehensive Plan and zoning designation that supports industrial development. The City
solicited proposals in 2021 for the express purpose of developing additional industrial lots and
speculative buildings as an economic development goal. The proposed Urban Renewal Area is
planned for industrial development of small and medium size industrial lots to allow for a wide
range of uses allowed by the City’s industrial zoning.
IV. URBAN RENEWAL OBJECTIVES
The primary objectives for development within the North Dayton Industrial Park Urban
Renewal Area are:
To contribute to a diversified, well-balanced local economy by retaining and creating job
opportunities and strengthening the property tax base by facilitating development of small lot
and medium size industrial development and the construction of small-scale speculative
buildings.
To provide economic development incentives for development of a project consistent with the
small and medium size industrial development goals.
To promote development utilizing any other objectives allowed by Chapter 403 of the Code of
Iowa.
V. CITY PLAN
The City’s Comprehensive Plan Land Use Map designates this property with the
Employment category of land use. The Employment category policy goals, development
guidelines and public actions support the proposed Urban Renewal Plan that will support
development that is in alignment with the vision proposed in the Comprehensive Plan.
Physical industrial land will need to increase by up to 156 acres to accommodate needed
industrial growth. (Page 63 Ames 2040 Comprehensive Plan). The following goals are
included in the Employment Category, among others, and best support the creation of the
North Dayton Industrial Park Urban Renewal Area:
1. Provide attractive and well-functioning settings for a range of industrial
enterprises.
These industrial lots will be developed in a subdivision with planned infrastructure
installation and will extend infrastructure according to City standards appropriately.
Streets, sidewalks & shared use paths, water, sewer, storm sewer and electrical
infrastructure will connect to their larger networks to provide connections to the rest
of the community.
2. Minimize impact and external effects on city neighborhoods.
These industrial lots will be located away from residential neighborhoods in an area
that has been developed with a mix of commercial, industrial and government
research uses.
3. Discourage industrial uses that are large resource users for water and sewer
services with system capacity impacts.
The smaller size of these lots and requirement for speculative buildings on the
smallest lots will discourage high water and sewer users. City Site Development
Plan review will also review resource consumption to protect against excessive
water and sewer usage.
Growth & Land Use
The City’s Growth & Land Use principals found in the Ames 2040 Comprehensive Plan
also support development which will occur within this Urban Renewal Area. Ames is
anticipated to add 15,000 residents by the year 2040. This presents the challenge of
accommodating this population growth and job opportunities as a result in ways that create
the most efficient, connected, rewarding, delightful and equitable experience. Specifically,
principals G1, G2, G5 and G6 all directly support the development which will occur here.
Below is a portion of the Plan with these principles described:
G1: Sustainable Growth. The vision is for new growth to be both economically and environmentally
sustainable. This encompasses housing densities that minimize the footprint of growth and reduce
service cost per unit; maximum use of existing infrastructure; new investments that have citywide
benefits; and preservation of environmental assets.
The emphasis on smaller sized industrial lots helps reduce building footprint and which helps
with minimizing overall growth footprint.
G2: Contiguous Greenfield Development. Ames will accommodate much of its projected population
growth in areas contiguous to the existing built-up city. During the Plan 2040 process, the City identified
alternative contiguous Tier 1 and Tier 2 areas as most readily able to serve the projected growth in
population and employment. Providing multiple opportunity areas creates choices that support a variety
of needs of a growing community.
The industrial development within the North Dayton Industrial URA is contiguous to existing
developed areas of the city.
G5: Review and Approval Process. The ongoing land use planning process defines priorities and
policies, while development review affirms consistency with specific standards that implement these
policies. Decisions will be made through a transparent, collaborative process that includes stakeholders,
and moves toward solutions that are compatible with longterm community goals. This process should be
viewed by all parties as fair and reliable.
The Site development review process will ensure sites are developed consist with zoning
standards and in a manner that is most efficient and logical.
G6: Planning for Equity. Ames will continue to grow in diversity of its people and jobs during the next
twenty years. Equity with growth requires consideration of the needs of a diverse population. This
includes adding affordable housing, multiple housing types, and marketbased price points, supporting
economic growth, expanding transportation choice, providing accessible institutions and services, and
maintaining a variety of amenities.
The creation of these industrial lots within the URA will support economic growth and add job
opportunities to the community.
VI. RENEWAL PROJECTS AND ACTIVITES
The purpose of this Urban Renewal Plan is to facilitate the development of a new industrial
subdivision with small size industrial lots for business development and expansion consistent
with City plans and zoning. To this end the City will provide a rebate of incremental property tax
revenues collected from properties within this subdivision to the developer. This incentive is
based upon estimated costs for the developer to install required public infrastructure and
improvements as part of the subdivision.
Nothing in this section should be construed as limiting the range or types of activities or powers
granted to the City under Chapter 403 or any other provisions of the Code of Iowa in furtherance
of the Urban Renewal Plan as the City Council determines necessary to fulfill the goals for
development of this Area.
A. Tax Increment Financing
Under the Iowa Urban Renewal Law, in order to assist in the development of new private
enterprises, the City may be requested to provide a property tax incentive in the form of an
agreement that returns certain incremental property tax revenues to a developer as
economic development payments. As part of the establishment of an urban renewal area,
the City may adopt an ordinance to create a tax increment financing district (the "TIF
District"), within which the property taxes eventually paid by new private development will
be used to pay costs of urban renewal projects, including economic development
agreements. The use of these tax revenues in this manner is known as tax increment
financing ("TIF").
Depending on the date on which a TIF District is legally established and the date on which
debt is initially certified within a TIF District, an original taxable valuation is established for
the property within a TIF District, which is known as the "base valuation." The "base
valuation" is the assessed value of the taxable property in a TIF District as of January 1 of
the calendar year preceding the calendar year in which a City first certifies the amount of
any obligations payable from TIF revenues to be generated within that TIF District. When
the value of the property inside a TIF District increases by virtue of new construction or any
other reason, the difference between the base valuation and the new property value is the
"tax increment" or "incremental value."
Procedurally, after tax increment debt has been incurred within a TIF District, property taxes
levied by the city, the county, the school district and the area college against the incremental
value, with the exception of taxes levied to repay debt incurred by those jurisdictions and
the school district physical plant and equipment and instructional support levies, are
allocated by state law to the City's tax increment fund rather than to each jurisdiction. These
new tax dollars are then used to repay any tax increment obligations incurred in the Urban
Renewal Area.
Review of the proposed projects by City has resulted in a determination that financial
assistance is likely required in order to make the projects financially viable through the use
of Tax Increment Financing outlined in Chapter 403 of the Code of Iowa for public
improvements and private development.
The City has entered into a Tax Increment Financing (TIF) rebate agreement with the private
developer for projects that meet the objectives of the plan, subject to approval of this Plan.
The agreement includes a rebate of eligible incremental property taxes up to $2,968,264.
The TIF agreement is structured such that the amount of the TIF rebate will not be included
as debt subject to the state mandated debt limitation as it will be approved each year as an
Annual Appropriation.
If the Urban Renewal Area is legally established, and a Tax Increment Financing (TIF) ordinance
is adopted, then the “base value” of the Area will be the assessed value of the taxable property
within the TIF Ordinance area as of January 1 of the calendar year preceding the calendar year
in which the City first certifies the amount of any debt on the Area pursuant to Iowa Code Section
403.19.
VII. PROPERTY ACQUISTION/DISPOSITION
The City may acquire property within the area for purposes and objectives consistent with
this Plan, which may include the use of eminent domain, as allowed under Chapter 403 and
6A. The City will follow any applicable requirements for the acquisition and disposition of
property within the Urban Renewal Area.
VIII. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City Council and will
remain in effect to the extent it is allowed by state law or until it is repealed by the City Council.
State law allows the collection of incremental property taxes generated within the Urban
Renewal Area for up to twenty years. Each project or activity to which incremental property tax
revenues will be devoted will be subject to such restrictions as may be deemed necessary and
appropriate by the City Council.
IX. PLAN AMENDMENTS
This Urban Renewal Plan may be amended in accordance with the procedures set forth
in Chapter 403 of the Code of Iowa in order to carry out any purposes consistent with
state law.
X. CITY DEBT INFORMATION
Chapter 403 of the Code of Iowa requires that any urban renewal plan include certain
information with respect to City general obligation debt, ability to incur additional debt and
the amount of proposed tax increment debt to be incurred.
CURRENT GENERAL OBLIGATION BOND DEBT
General Obligation Bonds
Amount
Originally Final Outstanding as of
2014 Corporate purpose 9,695,000 2026 3,120,000
2015A Corporate purpose 18,445,000 2035 6,580,000
2016A Corporate purpose/refunding 11,650,000 2028 4,735,000
2017A Corporate purpose 10,975,000 2029 4,395,000
2018A Corporate purpose 7,490,000 2030 5,360,000
2019A 10,775,000 2031 8,330,000
2020A 17,865,000 2032 12,415,000
2021A 19,640,000 2033 17,635,000
2022A (to be issued Nov. 8, 2022) 13,400,000 2034 13,400,000
CURRENT CONSTITUTIONAL DEBT LIMIT AND CAPACITY
Total Debt Capacity Available ($/%)
Notes:
*Iowa Statutory Debt Limit is 5% of total actual valuation
**City Policy reserves 25% of available debt capacity
The proposed amount of development incentives will not exceed $2,968,264 of TIF for the
North Dayton Industrial Urban Renewal Area. However, the development incentives are
subject to annual City Council appropriation and are not part of the City’s debt limits.
Exhibit A- Location & Land Use Map
Exhibit B- Legal Description
The Southeast Quarter (SE¼) of the Northeast Quarter (NE¼) of Section Thirty-six (36); the
Northeast Quarter (NE ¼) of the Northeast Quarter (NE¼), of Section Thirty-six (36) except the
North 1 rod and except A part of the NE¼ of the NE¼ of Sec. 36-T84-R24W of the 5th P.M., Story
County, Iowa, described as follows: Beginning at a point on the east line, 16.5 feet south of the
NE Corner of said NE¼ of the NE¼; thence N88°41’W 925.0 feet, parallel and 16.5 feet distant
from the north line of said NE¼ of the NE¼, thence South 275.0 feet, thence S88°41’E 925.0 feet
to the east line of said NE¼ of the NE¼; thence North 275.0 feet to the point of beginning,
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ITEM # __35a__
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: TRANSFER XENIA WATER SERVICE TERRITORY TO AMES
FOR ANSLEY DEVELOPMENT
BACKGROUND:
Ansley is a planned development in south Ames of approximately 59.7 acres,
primarily accessed from Cedar Lane. This land is located within the service territory
of Xenia Rural Water, and therefore cannot be served with water by the City of
Ames unless the territory is transferred to the City.
The land was annexed into the City with a pre-annexation agreement in 2019,
which required the buyout of any rural water service territory rights at the
cost of the developer. City Council placed a condition on the Ansley rezoning
that prior to preliminary plat approval, the developer would complete terms
of the territory transfer with Xenia.
Representatives of Ansley Land LLC, developer of Ansley, have completed terms
of a phased buyout of the site with Xenia. The buyout is based upon the City and
Xenia’s approved agreement from 2022 for the transfer and service of water
territory within Ames. The cost is $3,000 per net acre for the developer.
To complete the transfer of the service territory, the City must accept the
territory in order to release Xenia from its service requirements as a water
district. With approval of the attached agreement, the developer of Ansley
will have fulfilled its condition of approval related to the territory transfer and
will be able to proceed with development of Ansley.
ALTERNATIVES:
1.Approve the final agreement to accept the transfer of approximately 59.7
acres of land for the Ansley development from Xenia Rural Water to the City
of Ames.
Note- Final agreement with exhibit to be provided.
2.Refer this item to staff for additional information.
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CITY MANAGER’S RECOMMENDED ACTION:
This is the first rural water territory transfer to occur since approval of the
agreement with Xenia for water service within Ames and territory transfers.
Approval of the agreement will allow the developer to proceed with installing water
infrastructure to City standards and for homes to be served by Ames Water. The
developer is responsible for all buyout and development costs.
Therefore, it is the recommendation of the City Manager that the City Council
approve Alternative 1.
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DRAFT-
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared by: Corey Iben, 23998 141st St. Bouton, IA 50039; 515-676-2117
Return to: Ames City Clerk, Ames City Hall, 515 Clark Ave., Ames, IA 50010
AGREEMENT BETWEEN CITY OF AMES AND XENIA
CONCERNING CONTINUED WATER SERVICE
This agreement is between the City of Ames, Iowa ("Ames") and Xenia Rural
Water District, a rural water district existing pursuant to Iowa Code chapter 357A
(“Xenia"). Ames and Xenia are sometimes collectively referred to herein as the
"Parties" or individually as a "Party."
WHEREAS, Xenia is a rural water district with certain exclusive rights and
responsibilities to provide water services in designated areas; and
WHEREAS, Ansley Land, LLC (“DEVELOPER”) wishes to develop one
parcel south of Ames’ city limits (“the “Property”) that Xenia believes is located in
its protected water service territory; and
WHEREAS, DEVELOPER desires to procure water services from Ames for
the Property; and
WHEREAS, Xenia is not currently providing water or wastewater services
to the Property and Xenia is willing to enter into an agreement with DEVELOPER
through which Xenia will release its rights to provide water and wastewater services
to the Property; and
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WHEREAS, Ames and Xenia wish to assist DEVELOPER in developing the Property;
and
WHEREAS, DEVELOPER and Xenia have negotiated and intend to enter into a
Release of Service Territory Rights Agreement through which Xenia will relinquish its water
service rights in the area described in that agreement, pursuant to Iowa Code section
357A.11(13), subject to the conditions and commitments described in that agreement and the
additional terms and commitments by Ames described below; and
WHEREAS, pursuant to Iowa Code section 357A.11(13), Xenia cannot relinquish its
right to provide service to an area without providing for the continuation of water services to
the area immediately following such relinquishment.
WHEREAS, Ames and Xenia have entered into an Agreement for Water Service
Operations and Territory Transfer, dated February 1, 2022, and recorded as Instrument #
2022-01065, Story County Iowa.
NOW THEREFORE, in consideration of the above recitals and the mutual covenants
contained herein, and in reliance on the same, the receipt and sufficiency of which is hereby
acknowledged, the Parties agree as follows:
1.Incorporation of Recitals and Exhibits. The foregoing recitals are incorporated
herein and made a part of this Agreement. The recitals and exhibits described below
are substantive and contractual parts of this Agreement.
2.Identification of the Affected Area. This Agreement affects the Property
included in the Plat of Survey shown in Exhibit A attached hereto.
3.Existing Xenia Customers and Infrastructure. Xenia does not have any existing
infrastructure or customers located on the Property.
4.Agreement Concerning Continuation of Water Services. It is agreed that Ames
shall provide water services to the Property, when requested by DEVELOPER.
5.Consideration. The Parties agree that the joint assistance of DEVELOPER’s
development of the Property is full and adequate consideration for this Agreement.
6.Authorization and Approval by the Parties. The Parties each represent and
warrant to the other that this Agreement and its performance have been authorized
and approved by all necessary action of the Party, including, without limitation, all
necessary action on the part of the governing body of each, and this Agreement
constitutes a valid and binding agreement enforceable in accordance with its terms.
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7.Complete Agreement and Effective Date. This Agreement, including the
Exhibit, constitutes the entire, complete and final agreement of the Parties with
respect to the matter described herein. This Agreement shall be fully executed upon
the exchange of all of the signatures indicated below. This shall not be effective until
a fully executed, original agreement is provided to Ames for recordation.
8.Intended Beneficiaries. This Agreement is made solely for the benefit of
DEVELOPER and the Parties, and nothing herein shall be construed as creating any
benefits, rights, remedies or claims in favor of any other entity or person.
9.No Precedent. The terms of this Agreement shall not otherwise be considered
precedent for any other Xenia service territory relinquishment.
10.Counterparts. This Agreement may be executed in multiple counterparts, each
of which shall be an original and all of which, taken together, shall constitute but one
and the same agreement.
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Xenia Rural Water District
By_________________________
Royce Hammitt
CEO/General Manager
Attest_______________________
Corey Iben
Office Manager
Executed _______________, 2022
STATE OF IOWA, COUNTY OF STORY, ss:
This instrument was acknowledged before me on
______________, 2022, by Royce Hammitt and
Corey Iben, as General Manager, and Office
Manager respectively, of Xenia Rural Water
District.
___________________________________
Notary Public in and for the State of Iowa
City of Ames, Iowa
By_________________________
John A. Haila, Mayor
Renee Hall, City Clerk
STATE OF IOWA, COUNTY OF STORY, ss:
On this _____ day of __________, 2022, before
me, a Notary Public in and for the State of Iowa,
personally appeared Ann H. Campbell and Diane R.
Voss, to me personally known and who, by me duly
sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Ames, Iowa; that
the seal affixed to the foregoing instrument is the
corporate seal of the corporation; and that the
instrument was signed and sealed on behalf of the
corporation, by authority of its City Council, as
contained in Resolution No. adopted by the
City Council on the _____ day of __________, 2022,
and that Ann H. Campbell and Diane R. Voss
acknowledged the execution of the instrument to be
their voluntary act and deed and the voluntary act and
deed of the corporation, by it voluntarily executed.
_________________________________
Notary Public in and for the State of Iowa
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ITEM #: 35
DATE: 11-08-22
COUNCIL ACTION FORM
REQUEST: PRELIMINARY PLAT FOR ANSLEY SUBDIVISION LOCATED ON
CEDAR LANE
BACKGROUND:
Ansley Land LLC is requesting approval of a Preliminary Plat on 58.7 acres for the Ansley
development located on the east side of Cedar Lane, south of Cottonwood Road (see
Location Map – Attachment A). The City annexed this land in July 2019. A rezoning wi th
Master Plan was approved on May 10, 2022, which rezoned the property from Agricultural
(A) to Floating Suburban – Residential Low Density (FS-RL) with a Planned Unit
Development Overlay (PUD) (see Zoning Map – Attachment B).
The proposed Preliminary Plat includes 122 residential lots and one commercial lot (see
Attachment C). Of those residential lots, 117 will contain single-family, detached homes
and the remaining 5 will each contain a series of townhomes (the townhomes are not
intended to be on individual lots). The Preliminary Plat has 18 lots for private alleys, 6
green space lots, and 4 right-of-way lots, which will be dedicated.
Of the six Green Space Outlots, two (B and C) will be dedicated primarily to stormwater.
An additional stormwater facility is to be constructed to the east of Ansley on neighboring
property. The neighboring owners has indicated support for the proposed pond. An
easement on the neighboring property will be needed with final plat for the proposed
stormwater facility.
The project will take access from Cedar Lane in three places, from Lunetta Drive
extending from the Domani development to the north, and from Aurora Avenue. Two
future stubs will provide access to future development in the east.
Along the east edge of the project is the Story County Tedesco Connector Trail, which
lies within an easement on the Ansley property and the property to the east.
Cedar Lane is a planned residential collector street that will be extended approximately
1,000 feet from where the paving currently ends, including a portion of the road that is
currently gravel. The roadway will narrow from its current 31-foot paved section to 26 feet
due to the decreased traffic volume as it extends south. The Public Works Department
supports the reduction in width due to low volumes of projected traffic for the extension
of Cedar Lane. Construction of the street improvements will occur in phases as the project
develops.
Utilities will be extended into the subdivision including City water, City sanitary sewer, and
Alliant electricity. As required as part of the rezoning agreement, the developer has
completed the requirement to buyout the Xenia water service territory and city action is
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needed to approve the transfer of this territory. This transfer agre ement is a separate
item on this Council agenda.
Sidewalks will be constructed along both sides of all streets. The shared -use path on
Cedar Lane will be extended to the southernmost street in Ansley; it will then proceed
east through the development to link with the Tedesco Connector Trail.
The Subdivisions Ordinance requires that developments provide for orderly and future
development of the City (Sec. 23.102(1)(c) and Sec. 23.403(2)(a), Sec. 23.404(2), Sec.
23.405(2)), which includes right-of-way dedication and the accompanying construction of
streets and utilities. The applicant is requesting a waiver (Sec. 23.103(1)) (PUD Master
Plan and Phase Plan Attachment D and Attachment E) to the construction of Cedar
Lane south of Rothway Road and to the accompanying extension of water and
wastewater services. Staff supports a conditional waiver, as the neighboring land is
unlikely to develop in the near future based upon Iowa State ownership. Right-of-Way
and easements for future needs will be dedicated with development of the property (There
is additional discussion in the Addendum).
The PUD zoning overlay allows for flexibility in zoning district and general standards. The
Ansley PUD contains a variety of lot sizes with varying setbacks, including “cottage court”
homes clustered around five private streets. The cottage court homes have reduced
setbacks and front onto common space. The plan of Ansley integrates a variety of
common green spaces as well as stormwater into the design of the development. Ansl ey
will also contain a small commercial component in the northeast corner of the property
next to the Tedesco Connector Trail. The commercial operation will primarily serve
neighborhood residents, users of the Tedesco Trail, and the applicant’s other busin esses.
The PUD Master Plan is included as Attachment D. The full PUD Plan can be found at
this link.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At the October 19 Planning and Zoning Commission meeting, the Commission discussed
the Ansley Preliminary Plat. Commissioners considered the waiver request and the
circumstances behind staff’s recommendation that the waiver be approved.
The Planning & Zoning Commission voted 7-0 to recommend the City Council approve
the Preliminary Plat for the Ansley Subdivision with the waiver to the extension of Cedar
Lane and water and wastewater utilities within the Cedar Lane right-of-way.
ALTERNATIVES:
1. Approve the Preliminary Plat for the Ansley Subdivision located at 3210 Cedar
Lane with the waiver to the extension of i) Cedar Lane and ii) utilities for water
and wastewater within the Cedar Lane right-of-way, subject to the following:
a. The dedication of Cedar Lane right-of-way and necessary easements
for water and sewer extensions at the time of Final Plat.
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b. The waiver for Cedar and utility extensions are conditioned upon the
adjacent properties owned by Iowa State University and/or its affiliates
remaining in their ownership. If the said abutting ISU properties are
sold prior to the approval of the Final Plats for the Ansley
Subdivision, the developer for Ansley shall be expected to
contribute to the construction of the extension of Cedar Lane and
for the construction of the water and wastewater utilities within the
Cedar Lane right-of-way. This potential obligation on the part of the
Ansley developer will be assessed with each Ansley Final Plat.
2. Deny the Preliminary Plat for the Ansley Subdivision located at 3210 Cedar
Lane on the basis that the Preliminary Plat does not meet the requirements of
Section 23.302(3)(b) of the Ames Municipal Code, and set forth the reason(s)
to disapprove or modify the proposed preliminary plat as required by Section
23.302(4) of the Ames Municipal Code.
3. Defer action on this request and refer it back to City staff and/or the applicant
for additional information.
CITY MANAGER’S RECOMMENDED ACTION:
Upon review of the Preliminary Plat, staff has found that the plat meets the requirements
of Chapter 23 and the Planned Unit Development Master Plan approved on May 10 th,
2022. Lot layout and design as well as utilities connections and storm water design have
been reviewed by staff and found to meet City standards.
Staff supports the requested waiver regarding the extension of Cedar Lane improvements
based upon the conditions of the area with lands owned by the state making it premature
for development at this time.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1, as described above.
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Addendum
Project Location.
The project site is approximately 58 acres located at 3210 Cedar Lane. The property lies
to the east of that street and west of the former railroad right-of-way (see Attachment A –
Location Map).
PUD Master Plan Compliance.
The Preliminary Plat for this development is in conformance with the approved Master
Plan that was approved with the Planned Unit Development (PUD) Overlay zoning. The
master Plan illustrates the general arrangement of uses, layout of development and
conservation/open space areas, planned transportation connections, and developable
acres. The PUD includes a phasing plan as well.
The proposed plat creates one lot for a commercial use, lots for single -family detached
homes, and lots for future single-family attached (townhomes) consistent with the PUD
Master Plan (Attachment D). Development on the lots with attached housing and the
commercial space are subject to the requirements of the PUD for a Major Site
Development Plan.
Improvements to common areas for the PUD open space and landscaping requirement
will be coordinated with final plat approvals.
Traffic and Street Connections.
Ansley will have three street connections onto Cedar Lane. A fourth street connection,
Lunetta Drive, will come from the Domani Development. A fifth connecti on will be the
extension of Aurora Avenue. Two future connections are provided for in street stubs that
lead to the east, towards University Boulevard. (See waiver discussion below concerning
extension of Cedar Lane.)
Cedar Lane is residential collector street paved with a 31-foot width and a shared use
path on the west side and sidewalk on the east side. The planned extension of Cedar
Lane requires conformity to the existing street plan and street typology of Ames Plan
2040. ISU controls the land on the west side of Cedar Lane and has partial street
improvement obligation for the extension of Cedar Lane. ISU assumed this obligation
when they bought approximately 40 acres from the original Ringgenberg developer. ISU
cooperation in the extension of Cedar Lane is assumed as part of the requirement for the
roadway improvements, which would be coordinated by the developer and further defined
in terms of phasing with Final Platting.
On the east side of Cedar Lane, there are intervening lots with single family h omes
between the planned Ansley connections to Cedar. Ansley is responsible for making
roadway improvements across those frontages to meet Subdivision Code requirements
for paved street access to subdivisions.
After consulting with the City’s traffic eng ineer it was determined that the width of Cedar
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Lane paving could taper down to a standard residential street width of 26 feet due to
projected lower volume of vehicles anticipated for his section of roadway. The dedicated
right-of-way will match that of a collector street, but the road paving will be reduced at this
time.
The development will be served by a series of private alleys in addition to five private
courts. The homes around the courts will back up to the streets and will face out onto
shared, community space. Private streets and shared driveways are permitted by the
approved PUD Master Plan.
Shared-Use Paths, Sidewalks, and Trails.
An existing shared-use path along the west side of Cedar Lane will be extended with the
construction of the 1,000 feet of Cedar Lane. The path will continue down to the
southernmost entry to Ansley and continue east to the Tedesco Connector Trail. The
Tedesco Trail, which lies in an easement on Ansley property and on property to the east,
runs from University Boulevard down to 260th Street. This trail, managed by Story County,
then runs west along 260th Street to 510th Avenue (South Dakota Avenue).
All streets will have 5-foot sidewalks along both sides (except the south side of Rothway
Road, which will have the shared-use path). Sidewalk will also be completed along the
east side of Cedar Lane from the north end of the property down to Rothway Road (the
southernmost entry).
The common property in the center of the development (Green Space E) will have
extensive paths connecting the front of the homes to the street. An additional path will
wind around the detention/retention pond (Green Space B).
All sidewalks and paths will be constructed at the developer’s expense.
The Ansley project will include offsite improvements along Cedar Lane. Staff has included
a condition for sidewalk construction on the east side of Cedar Lane by the developer.
These improvements will occur with the phasing of the development (Attachment D). The
developer has identified that adequate ROW easement exists for the sidewalks to be
completed along Cedar Lane. To the north there will be a gap in a sidewalk connection
as the property to the north did not include a sidewalk improvement at the time it was
platted as an outlot.
Stormwater Management.
Stormwater management will occur at various sites throughout Ansley. At the north end,
an existing pond (Pond A) will be enlarged for stormwater retention. This pond collects
water from the west and will flow to the east through an existing channel. The applicant
has obtained permission from the property owner to the east to construct a second, new
pond to manage stormwater (Pond B). An easement will be placed on the neighboring
property to secure the long-term use and maintenance of the facility. Flows from the new
development are not directed to the north boundary of the site and those homes along
the north property line may have drainage from yards similar to current conditions. Runoff
generated from the development will be directed to the new facilities.
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The developer completed a wetlands assessment for the property and applied for Army
Corps of Engineers 404 permit for fill of wetlands that exist to the east and west of Pond
A caused by the crossing of the extension of Aurora and Ansley Avenues. Offsite
mitigation has been secured by the developer through the 404 Permit process.
At the south end, Green Space C will be used for stormwater detention. This space will
also be used flexibly as a recreation area when dry. A portion of the lot at the south end
of the property will continue to drain to the south.
Utilities and Easements.
Water service will be provided brought into Ansley from Cedar Lane and Aurora Avenue
via 8-inch watermains. Sanitary sewer service will connect to the City’s system via an 8 -
inch main coming from Aurora Avenue. Utilities will be extended with the final platting of
each addition. The two street stubs to the east will each provide stubs for water and
wastewater for future development. Electrical service will be provided by Alliant.
At the time of the PUD Overlay approval, a condition was included for the Xenia Water
Territory buyout prior to final plat approval. The developer has a signed agreement with
Xenia for the territory buyout and completed the first phase of buyouts. Xenia will work
with City staff to complete the required territory transfer requirements as a separate
agenda item. Staff believes the developer is in compliance with the condition of the PUD
Overlay approval.
Waiver.
The applicant is requesting a waiver (Attachment E) from the requirement to extend Cedar
Lane from its proposed terminus at Rothway Road to the souther n point of the property,
approximately 1,500 feet. The property to the west of Ansley is owned by Iowa State
University and the property to the south is owned by a foundation affiliated with ISU.
These properties meet at the southern point of Ansley. There are no plans to develop
either any of this property.
Ansley is dedicating right-of-way the length of the property, which will constitute half of
the width needed for road construction. When the ISU property to the west develops, the
other half of the right-of-way will need to be dedicated.
In conjunction, the applicant is requesting a waiver to the extension of utilities for water
and sanitary sewer within the Cedar Lane right-of-way.
Staff supports the waiver request in conformance with Sec. 23.103(1) of the Subdivisions
Ordinance as there is little likelihood that the property to the south will be developed soon
because of the state ownership. A final decision on granting of a full or partial waiver will
be with the City Council review of the preliminary and final plats.
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Attachment A – Location Map
8
Attachment B – Current Zoning
9
Attachment C – Preliminary Plat
10
11
12
13
14
15
Attachment D – Ansley PUD Master Plan & Phasing Plan
Proposed
Waiver of
Cedar Lane
Extension
16
Proposed
Waiver of
Cedar Lane
Extension
17
Attachment E – Waiver Request
Dear City of Ames,
Ansley development is excited about the new development in the southern portion of Ames and the
continued growth of the City. The proposed Ansley development is located south of Cottonwood between
the extension of Cedar Lane and the old railroad tracks that is now a county trail.
The proposed project will have a mix of single-family and single-family attached homes and provide a
unique housing option to the Community.
Ansley would like to request a waiver for extension of Cedar Lane on the southern 1,500’. The preliminary
plat currently has Cedar land ending just south of 3618 Cedar Land and connecting into the proposed
Rothway Road. The waiver for the extension of Cedar Lane is based on the following items.
• The adjacent land to the west and south is owned by Iowa State University and utilized as part of
their agricultural teaching operations. Being owned by ISU this land is not available for
development. With no opportunity for development the road extension would lead to a 1,500’
dead end roadway. The proposed termination for Cedar is at the southern roadway for Ansley
and provides a logical termination point and allows traffic to flow east.
• The long-range transportation plan (Forward 2045) does not show any future roadway
improvements south of the development or on Cedar Lane. The extension of Cedar Lane south
would not follow plan Forward 2045.
• The Ames 2040 Plan was established to help guide Ames in moving forward and establishing smart
growth areas. The plan does not show any growth in the area south of Ansley.
We believe that these items all help support the waiver for the extension of Cedar south of Rothway Road.
Thanks,
Bolton & Menk
18
Attachment F – Applicable Subdivision Law
The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the
following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general
provisions for subdivisions within the City limits and within two miles of the City limits of
Ames.
Ames Municipal Code Section 23.302(5 & 6):
(5) City Council Review of Preliminary Plat:
All proposed subdivision plats shall be submitted to the City Council for
review and approval in accordance with these Regulations. The City Council
shall examine the Preliminary Plat, any comments, recommendations or
reports examined or made by the Planning and Zoning Commission, and
such other information as it deems necessary and reasonable to consider.
(6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether
the Preliminary Plat conforms to relevant and applicable design and
improvement standards in these Regulations, to other City ordinances
and standards, to the City's Land Use Policy Plan and to the City's other
duly adopted plans. In particular, the City Council shall determine whether
the subdivision conforms to minimum levels of service standards set forth
in the Land Use Policy Plan for public infrastructure and shall give due
consideration to the possible burden of the proposed subdivision on
public improvements in determining whether to require the installation of
additional public improvements as a condition for approval.
(b) Following such examination and within 30 days of the referral of the
Preliminary Plat and report of recommendations to the City Council by the
Planning and Zoning Commission, the City Council shall approve,
approve subject to conditions, or disapprove the Preliminary Plat. The
City Council shall set forth its reasons for disapproving any Preliminary
Plat or for conditioning its approval of any Preliminary Plat in its official
records and shall provide a written copy of such reasons to the developer.
1
ITEM #: 35b
Ansley Land LLC is requesting approval of a Preliminary Plat on 58.7 acres for the Ansley
development located on the east side of Cedar Lane, south of Cottonwood Road (see
Location Map – Attachment A). The City annexed this land in July 2019. A rezoning wi th
Master Plan was approved on May 10, 2022, which rezoned the property from Agricultural
(A) to Floating Suburban – Residential Low Density (FS-RL) with a Planned Unit
Development Overlay (PUD) (see Zoning Map – Attachment B).
The proposed Preliminary Plat includes 122 residential lots and one commercial lot (see
Attachment C). Of those residential lots, 117 will contain single-family, detached homes
and the remaining 5 will each contain a series of townhomes (the townhomes are not
intended to be on individual lots). The Preliminary Plat has 18 lots for private alleys, 6
green space lots, and 4 right-of-way lots, which will be dedicated.
Of the six Green Space Outlots, two (B and C) will be dedicated primarily to stormwater.
An additional stormwater facility is to be constructed to the east of Ansley on neighboring
property. The neighboring owners has indicated support for the proposed pond. An
easement on the neighboring property will be needed with final plat for the proposed
stormwater facility.
The project will take access from Cedar Lane in three places, from Lunetta Drive
extending from the Domani development to the north, and from Aurora Avenue. Two
future stubs will provide access to future development in the east.
Along the east edge of the project is the Story County Tedesco Connector Trail, which
lies within an easement on the Ansley property and the property to the east.
Cedar Lane is a planned residential collector street that will be extended approximately
1,000 feet from where the paving currently ends, including a portion of the road that is
currently gravel. The roadway will narrow from its current 31-foot paved section to 26 feet
due to the decreased traffic volume as it extends south. The Public Works Department
supports the reduction in width due to low volumes of projected traffic for the extension
of Cedar Lane. Construction of the street improvements will occur in phases as the project
develops.
Utilities will be extended into the subdivision including City water, City sanitary sewer, and
Alliant electricity. As required as part of the rezoning agreement, the developer has
completed the requirement to buyout the Xenia water service territory and c ity action is
2
needed to approve the transfer of this territory. This transfer agreement is a separate
item on this Council agenda.
Sidewalks will be constructed along both sides of all streets. The shared -use path on
Cedar Lane will be extended to the southernmost street in Ansley; it will then proceed
east through the development to link with the Tedesco Connector Trail.
The Subdivisions Ordinance requires that developments provide for orderly and future
development of the City (Sec. 23.102(1)(c) and Sec. 23.403(2)(a), Sec. 23.404(2), Sec.
23.405(2)), which includes right-of-way dedication and the accompanying construction of
streets and utilities. The applicant is requesting a waiver (Sec. 23.103(1)) (PUD Master
Plan and Phase Plan Attachment D and Attachment E) to the construction of Cedar
Lane south of Rothway Road and to the accompanying extension of water and
wastewater services. Staff supports a conditional waiver, as the neighboring land is
unlikely to develop in the near future based upon Iowa State ownership. Right-of-Way
and easements for future needs will be dedicated with development of the property (There
is additional discussion in the Addendum).
The PUD zoning overlay allows for flexibility in zoning district and general standards. The
Ansley PUD contains a variety of lot sizes with varying setbacks, including “cottage court”
homes clustered around five private streets. The cottage court homes have reduced
setbacks and front onto common space. The plan of Ansley integrates a variety of
common green spaces as well as stormwater into the design of the development. Ansley
will also contain a small commercial component in the northeast corner of the property
next to the Tedesco Connector Trail. The commercial operation will primarily serve
neighborhood residents, users of the Tedesco Trail, and the applicant’s other businesses.
The PUD Master Plan is included as Attachment D. The full PUD Plan can be found at
this link.
PLANNING & ZONING COMMISSION RECOMMENDATION:
At the October 19 Planning and Zoning Commission meeting, the Commission discussed
the Ansley Preliminary Plat. Commissioners considered the waiver request and the
circumstances behind staff’s recommendation that the waiver be approved.
The Planning & Zoning Commission voted 7-0 to recommend the City Council approve
the Preliminary Plat for the Ansley Subdivision with the waiver to the extension of Cedar
Lane and water and wastewater utilities within the Cedar Lane right-of-way.
ALTERNATIVES:
1. Approve the Preliminary Plat for the Ansley Subdivision located at 3210 Cedar
Lane with the waiver to the extension of i) Cedar Lane and ii) utilities for water
and wastewater within the Cedar Lane right-of-way, subject to the following:
a. The dedication of Cedar Lane right-of-way and necessary easements
for water and sewer extensions at the time of Final Plat.
3
b. The waiver for Cedar and utility extensions are conditioned upon the
adjacent properties owned by Iowa State University and/or its affiliates
remaining in their ownership. If the said abutting ISU properties are
sold prior to the approval of the Final Plats for the Ansley
Subdivision, the developer for Ansley shall be expected to
contribute to the construction of the extension of Cedar Lane and
for the construction of the water and wastewater utilities within the
Cedar Lane right-of-way. This potential obligation on the part of the
Ansley developer will be assessed with each Ansley Final Plat.
2. Deny the Preliminary Plat for the Ansley Subdivision located at 3210 Cedar
Lane on the basis that the Preliminary Plat does not meet the requirements of
Section 23.302(3)(b) of the Ames Municipal Code, and set forth the reason(s)
to disapprove or modify the proposed preliminary plat as required by Section
23.302(4) of the Ames Municipal Code.
3. Defer action on this request and refer it back to City staff and/or the applicant
for additional information.
CITY MANAGER’S RECOMMENDED ACTION:
Upon review of the Preliminary Plat, staff has found that the plat meets the requirements
of Chapter 23 and the Planned Unit Development Master Plan approved on May 10 th,
2022. Lot layout and design as well as utilities connections and storm water design have
been reviewed by staff and found to meet City standards.
Staff supports the requested waiver regarding the extension of Cedar Lane improvements
based upon the conditions of the area with lands owned by the state making it premature
for development at this time.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1, as described above.
4
Addendum
Project Location.
The project site is approximately 58 acres located at 3210 Cedar Lane. The property lies
to the east of that street and west of the former railroad right-of-way (see Attachment A –
Location Map).
PUD Master Plan Compliance.
The Preliminary Plat for this development is in conformance with the approved Master
Plan that was approved with the Planned Unit Development (PUD) Overlay zoning. The
master Plan illustrates the general arrangement of uses, layout of development and
conservation/open space areas, planned transportation connections, and developable
acres. The PUD includes a phasing plan as well.
The proposed plat creates one lot for a commercial use, lots for single -family detached
homes, and lots for future single-family attached (townhomes) consistent with the PUD
Master Plan (Attachment D). Development on the lots with attached housing and the
commercial space are subject to the requirements of the PUD for a Major Site
Development Plan.
Improvements to common areas for the PUD open space and landscaping requirement
will be coordinated with final plat approvals.
Traffic and Street Connections.
Ansley will have three street connections onto Cedar Lane. A fourth street connection,
Lunetta Drive, will come from the Domani Development. A fifth co nnection will be the
extension of Aurora Avenue. Two future connections are provided for in street stubs that
lead to the east, towards University Boulevard. (See waiver discussion below concerning
extension of Cedar Lane.)
Cedar Lane is residential collector street paved with a 31-foot width and a shared use
path on the west side and sidewalk on the east side. The planned extension of Cedar
Lane requires conformity to the existing street plan and street typology of Ames Plan
2040. ISU controls the land on the west side of Cedar Lane and has partial street
improvement obligation for the extension of Cedar Lane. ISU assumed this obligation
when they bought approximately 40 acres from the original Ringgenberg developer. ISU
cooperation in the extension of Cedar Lane is assumed as part of the requirement for the
roadway improvements, which would be coordinated by the developer and further defined
in terms of phasing with Final Platting.
On the east side of Cedar Lane, there are intervening lots with single fa mily homes
between the planned Ansley connections to Cedar. Ansley is responsible for making
roadway improvements across those frontages to meet Subdivision Code requirements
for paved street access to subdivisions.
After consulting with the City’s traffic engineer it was determined that the width of Cedar
5
Lane paving could taper down to a standard residential street width of 26 feet due to
projected lower volume of vehicles anticipated for his section of roadway. The dedicated
right-of-way will match that of a collector street, but the road paving will be reduced at this
time.
The development will be served by a series of private alleys in addition to five private
courts. The homes around the courts will back up to the streets and will face out onto
shared, community space. Private streets and shared driveways are permitted by the
approved PUD Master Plan.
Shared-Use Paths, Sidewalks, and Trails.
An existing shared-use path along the west side of Cedar Lane will be extended with the
construction of the 1,000 feet of Cedar Lane. The path will continue down to the
southernmost entry to Ansley and continue east to the Tedesco Connector Trail. The
Tedesco Trail, which lies in an easement on Ansley property and on property to the east,
runs from University Boulevard down to 260th Street. This trail, managed by Story County,
then runs west along 260th Street to 510th Avenue (South Dakota Avenue).
All streets will have 5-foot sidewalks along both sides (except the south side of Rothway
Road, which will have the shared-use path). Sidewalk will also be completed along the
east side of Cedar Lane from the north end of the property down to Rothway Road (the
southernmost entry).
The common property in the center of the development (Green Space E) will have
extensive paths connecting the front of the homes to the street. An additional path will
wind around the detention/retention pond (Green Space B).
All sidewalks and paths will be constructed at the developer’s expense.
The Ansley project will include offsite improvements along Cedar Lane. Staff has included
a condition for sidewalk construction on the east side of Cedar Lane by the developer.
These improvements will occur with the phasing of the development (Attachment D). The
developer has identified that adequate ROW easement exists for the sidewalks to be
completed along Cedar Lane. To the north there will be a gap in a sidewalk connection
as the property to the north did not include a sidewalk improvement at the time it was
platted as an outlot.
Stormwater Management.
Stormwater management will occur at various sites throughout Ansley. At the north end,
an existing pond (Pond A) will be enlarged for stormwater retention. This pond collects
water from the west and will flow to the east through an existing channel. The applicant
has obtained permission from the property owner to the east to construct a second, new
pond to manage stormwater (Pond B). An easement will be placed on the neighboring
property to secure the long-term use and maintenance of the facility. Flows from the new
development are not directed to the north boundary of the site and those homes along
the north property line may have drainage from yards similar to current conditions. Runoff
generated from the development will be directed to the new facilities.
6
The developer completed a wetlands assessment for the property and applied for Army
Corps of Engineers 404 permit for fill of wetlands that exist to the east and west of Pond
A caused by the crossing of the extension of Aurora and Ansley Avenues. Offsite
mitigation has been secured by the developer through the 404 Permit process.
At the south end, Green Space C will be used for stormwater detention. This space will
also be used flexibly as a recreation area when dry. A portion of the lot at the south end
of the property will continue to drain to the south.
Utilities and Easements.
Water service will be provided brought into Ansley from Cedar Lane and Aurora Avenue
via 8-inch watermains. Sanitary sewer service will connect to the City’s system via an 8 -
inch main coming from Aurora Avenue. Utilities will be extended with the final platting of
each addition. The two street stubs to the east will each provide stubs for water and
wastewater for future development. Electrical service will be provided by Alliant.
At the time of the PUD Overlay approval, a condition was included for the Xenia Water
Territory buyout prior to final plat approval. The developer has a signed agreement with
Xenia for the territory buyout and completed the first phase of buyouts. Xenia will work
with City staff to complete the required territory transfer requirements as a separate
agenda item. Staff believes the developer is in compliance with the condition of the PUD
Overlay approval.
Waiver.
The applicant is requesting a waiver (Attachment E) from the requirement to extend Cedar
Lane from its proposed terminus at Rothway Road to the southern point of the property,
approximately 1,500 feet. The property to the west of Ansley is owned by Iowa State
University and the property to the south is owned by a foundation affiliated with ISU.
These properties meet at the southern point of Ansley. There are no plans to develop
either any of this property.
Ansley is dedicating right-of-way the length of the property, which will constitute half of
the width needed for road construction. When the ISU property to the west develops, the
other half of the right-of-way will need to be dedicated.
In conjunction, the applicant is requesting a waiver to the extension of utilities for water
and sanitary sewer within the Cedar Lane right-of-way.
Staff supports the waiver request in conformance with Sec. 23.103(1) of the Subdivisions
Ordinance as there is little likelihood that the property to the south will be developed soon
because of the state ownership. A final decision on granting of a full or partial waiver will
be with the City Council review of the preliminary and final plats.
7
Attachment A – Location Map
8
Attachment B – Current Zoning
9
Attachment C – Preliminary Plat
10
11
12
13
14
15
Attachment D – Ansley PUD Master Plan & Phasing Plan
Proposed
Waiver of
Cedar Lane
Extension
16
Proposed
Waiver of
Cedar Lane
Extension
17
Attachment E – Waiver Request
Dear City of Ames,
Ansley development is excited about the new development in the southern portion of Ames and the
continued growth of the City. The proposed Ansley development is located south of Cottonwood between
the extension of Cedar Lane and the old railroad tracks that is now a county trail.
The proposed project will have a mix of single-family and single-family attached homes and provide a
unique housing option to the Community.
Ansley would like to request a waiver for extension of Cedar Lane on the southern 1,500’. The preliminary
plat currently has Cedar land ending just south of 3618 Cedar Land and connecting into the proposed
Rothway Road. The waiver for the extension of Cedar Lane is based on the following items.
• The adjacent land to the west and south is owned by Iowa State University and utilized as part of
their agricultural teaching operations. Being owned by ISU this land is not available for
development. With no opportunity for development the road extension would lead to a 1,500’
dead end roadway. The proposed termination for Cedar is at the southern roadway for Ansley
and provides a logical termination point and allows traffic to flow east.
• The long-range transportation plan (Forward 2045) does not show any future roadway
improvements south of the development or on Cedar Lane. The extension of Cedar Lane south
would not follow plan Forward 2045.
• The Ames 2040 Plan was established to help guide Ames in moving forward and establishing smart
growth areas. The plan does not show any growth in the area south of Ansley.
We believe that these items all help support the waiver for the extension of Cedar south of Rothway Road.
Thanks,
Bolton & Menk
18
Attachment F – Applicable Subdivision Law
The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the
following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general
provisions for subdivisions within the City limits and within two miles of the City limits of
Ames.
Ames Municipal Code Section 23.302(5 & 6):
(5) City Council Review of Preliminary Plat:
All proposed subdivision plats shall be submitted to the City Council for
review and approval in accordance with these Regulations. The City Council
shall examine the Preliminary Plat, any comments, recommendations or
reports examined or made by the Planning and Zoning Commission, and
such other information as it deems necessary and reasonable to consider.
(6) City Council Action on Preliminary Plat:
(a) Based upon such examination, the City Council shall determine whether
the Preliminary Plat conforms to relevant and applicable design and
improvement standards in these Regulations, to other City ordinances
and standards, to the City's Land Use Policy Plan and to the City's other
duly adopted plans. In particular, the City Council shall determine whether
the subdivision conforms to minimum levels of service standards set forth
in the Land Use Policy Plan for public infrastructure and shall give due
consideration to the possible burden of the proposed subdivision on
public improvements in determining whether to require the installation of
additional public improvements as a condition for approval.
(b) Following such examination and within 30 days of the referral of the
Preliminary Plat and report of recommendations to the City Council by the
Planning and Zoning Commission, the City Council shall approve,
approve subject to conditions, or disapprove the Preliminary Pl at. The
City Council shall set forth its reasons for disapproving any Preliminary
Plat or for conditioning its approval of any Preliminary Plat in its official
records and shall provide a written copy of such reasons to the developer.
ITEM # 36
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: AMES CITY HALL INTERIOR REFRESH
BACKGROUND:
In 1990, City Hall was remodeled from its previous use as a school building. At that time
most of the walls were wallpapered or painted, and the majority of the offices, conference
rooms, Council Chambers, and hallways were carpeted. Last year, City staff retained
SVPA Architects to explore interior improvements in City Hall. This included painting the
walls after removal of wallpaper, carpet/flooring replacement, and recommendations for
window shades and the partition wall between the Council Chambers and the courtroom.
City staff worked through several iterations of paint colors and carpet samples to develop
a plan that was acceptable to refresh City Hall. The selected paint scheme and carpet
sample have been piloted in the second -floor hallway of the building near Public Works,
Planning, and Inspections.
After the selection of paint and carpet, a cost estimate was prepared for the project. This
cost estimate showed that painting and replacing carpet in the entire City Hall could
not be completed with the available funding of $450,000. Staff decided to proceed only
with a base bid for the painting of the walls throughout the building and to replace the
flooring in the Police Patrol area with luxury vinyl tile. Carpet was installed in this portion
of the Police Department offices approximately six years ago, but it has not been able to
withstand the use.
Three alternates were included in the bid specifications; 1) carpet throughout City Hall, 2)
painting the door frames, and 3) Council Chambers partition wall.
On October, 26 bids were received as follows:
Bidder
Base Bid-
Painting &
Police
Flooring
Alternate #1-
Carpet
Replacement
Alternate #2 –
Painting of
Door Frames
Alternate #2 –
Replacement of
Partition Wall
RH Grabau
Construction,
Inc
Boone, IA
$268,314.00 $386,000.00 $22,986.00 $42,500.00
Henkel
Construction
Company
Mason City, IA
$386,000.00 $276,000.00 $21,000.00 $40,000.00
The projected budget for the project:
REVENUES: EXPENSES:
General Fund
Carryover $450,000 Architects/Engineering $12,800
Painting & Police Dept.
Flooring $268,314
Carpeting $386,000
Council Chamber
Partition Wall $42,500
Door Frame Painting $22,986
TOTAL $732,600
As shown in the table above, there is not funding available to complete the painting and
carpeting of City Hall. However, there is funding to complete the base bid with the alternates
for the Council Chamber partition wall and painting of the door frames. These items with the
engineering would amount to $346,600. The estimate for these items was $259,000.
Based on this information, City staff is recommending rejecting the bids. This is due
to the estimate being much higher than estimated and staff feels that smaller bids
managed by staff will result in overall savings. Also, areas where the wallpaper is in
good condition can stay until the overall carpet replacement. Staff will finish painting
the areas where work has already started and explore options for the Police flooring.
The funding will be carried forward until additional funding to complete all the carpet
and painting can be identified.
ALTERNATIVES:
1. Reject the award of bids for this project.
Under this alternative the staff will work to finish painting in areas where work has already
started and explore options for the Police flooring. Staff will work internally or with smaller
bid packages to complete this work.
2. Award the Ames City Hall Interior Refresh to RH Grabau Construction, Inc. of Boone, Iowa
in the amount of $268,314.
CITY MANAGER’S RECOMMENDED ACTION :
The base bid was significantly higher than anticipated. Staff will work on painting the
hallways and conference rooms and exploring options for the Police flooring.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # 37
DATE: 11-08-22
COUNCIL ACTION FORM
SUBJECT: EMMA MCCARTHY LEE PARK TENNIS COURT RENOVATIONS
INCLUDING PICKLEBALL COURTS
BACKGROUND:
This project is to convert two of the four tennis courts at Emma McCarthy Lee Park into
six pickleball courts. Pickleball has become a very popular sport in Ames and around the
country. During the 2019 Capital Improvements Plan (CIP) process, l ocal pickleball
players requested the Parks and Recreation Commission provide outdoor space
specifically for pickleball. Funding for this project, in the amount of $75,000, was included
in FY 2021-22 CIP.
Plans were developed by Snyder & Associates, Ankeny, Iowa, and include crack repair,
fence installation, resurfacing and painting the tennis and pickleball courts, and
installation of posts and nets. Contractors had until June 30, 2023 to complete the project.
At the bid letting on October 26, 2022, no bids were received for this project even though
there were nine companies who requested plans. Snyder & Associates staff is reaching
out to the plan holders to determine why they did not submit a bid and if there is anything
we need to change in the plans prior to rebidding.
ALTERNATIVES:
1. Accept the report of no bids and direct staff to modify the plans and/or the
completion date based on feedback from plan holders with the intent to rebid
this project at a later date.
2. Do not proceed with this project.
CITY MANAGER’S RECOMMENDED ACTION:
Pickleball is one of the fastest growing sports in America and currently, players in Ames
utilize tennis courts that have pickleball lines painted on the tennis courts. This project
addresses a need in the community by providing designated regulation pickleball courts
and nets while still providing two regulation tennis courts at Emma McCarthy Lee Park.
Even though no bids were received, staff would recommend continuing to pursue
this project by exploring possible modifications to the plans and/or completion
date so the project can be rebid in the future.
Therefore, it is the recommendation of the City Manager that the City Council approve
Alternative #1 as stated above.
ITEM # __38__
DATE :11-08-22
COUNCIL ACTION FORM
SUBJECT: PUBLIC HEARING ON ACCEPTANCE & SUBMITTAL OF THE CITY’S
2021-22 CONSOLIDATED ANNUAL PERFORMANCE ANEVALUATION
REPORT (CAPER) IN CONNECTION WITH THE CITY’S COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM (CDBG)
BACKGROUND:
The Community Development Block Grant (CDBG) regulations require that, within 90
days from the end of its fiscal year, the City must prepare a Consolidated Annual
Performance and Evaluation Report (CAPER), which is required to be submitted to the
Department of Housing and Urban Development (HUD) on or before September 29 each
year. However, staff requested and received an extension to submit the report on or by
November 14, 2022.
The 2021-22 CAPER describes accomplishments in relation to goals and objectives
identified in the City’s 2019-2023 Consolidated Plan requirements for the use of
Community Development Block Grant (CDBG) and in the Annual Action Plan for fiscal
year July 1, 2021, through June 30, 2022. The regulations require that the CAPER be
available for a 15-day public review and comment period, which occurred October 19,
2022, through November 3, 2022.
Attached for Council review and approval is a copy of the summary (Goals and Outcomes)
of the 2021-22 CAPER report. For the 2021-22 program year, approximately $423,536
(including administration) of CDBG funds were expended. Of the $423,536 approximately
$122,743 was administrative expenses, $241,759 was public improvements expenses,
$57,107 was slum and blight expenses and $1,927 was spent on acquistion/rehabilitation.
Approximately $273,686 was spent to create affordable housing for LMI. Additionally,
$50,938 was generated program income received from the sale of properties and
downpayment loan repayments.
The major activity implemented in 2021-22 was on the public infrastructure improvements
at Baker Subdivision and because this activity occurred in our Neighborhood
Revitalization Stragety Area (NRSA), the area benefit was approximately 2,310
people/households.
For the HOME funds, approximately $27,502 was spent only on program administration.
For the CARES (COVID-19) funds, approximately $85,170 was expended. Of the
$85,170, approximately $7,247 was expensed for program administration, $67,848 was
expensed on the Rent & Utility Relief program, and approximately $10,075 was expensed
on the Mortgage & Utility Relief program.
A full copy of the CAPER and attachments are available for review on the City’s
web site at: www.cityofames.org/housing.
ALTERNATIVES:
1. Adopt a resolution approving the submittal of the City’s 2021-22 Consolidated
Annual Performance and Evaluation Report (CAPER).
2. Do not adopt a resolution approving the submittal of the City’s 2021-22
Consolidated Annual Performance and Evaluation Report (CAPER).
CITY MANAGER’S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative #1, as
described above. This action will adopt a resolution approving the submittal of the City’s
2021-22 Consolidated Annual Performance and Evaluation Report (CAPER) which is to be
submitted to HUD on or before November 14, 2022.
PROPOSED
DRAFT CITY OF
AMES
CONSOLIDATED ANNUAL PERFORMANCE
AND EVALUATION REPORTS (CAPER)
CITY OF AMES
FISCAL YEAR JULY 1, 2021 -
JUNE 30, 2022
Public Comment Period:
October 19, 2022 - November 3, 2022
Table of Contents
CR-05 - Goals and Outcomes ...............................................................................2
CR-10 - Racial and Ethnic Composition of Families Assisted.................................8
CR-15 - Resources and Investments 91.520(a) .....................................................9
CR-30 - Public Housing 91.220(h); 91.320(j).......................................................20
R-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j) .................................................21
CR-40 - Monitoring 91.220 and 91.230 ..............................................................26
CR-45 - CDBG 91.520(c) .....................................................................................27
CR-50 - HOME 91.520(d) ...................................................................................27
CR-58 – Section 3 ..............................................................................................28
Appendix 1- Integrated Disbursement and Information Systems Reports
(IDIS)……………………………………………………………………………………………………………….32
Appendix II-Program Maps and Budgets ...........................................................33
Appendix III- Point In Time Count .....................................................................34
Appendix IV-ASSET Funder Priorities for FY 2021-22, and Final Funding
Recommendations ............................................................................................35
Appendix V- City Council Resolution, Minutes, Proof of Publication, and Media
Announcements................................................................................................36
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and
executed throughout the program year.
Throughout sections have character limits-- thereby full responses are in the attached hard copy of the
CAPER.
With community input, the overall goals and outcomes of the City's 2019-23 Strategic Plan
a r e t o continue to increase the supply of affordable housing for low- and moderate-
income persons, and to continue to support and maintain the public service needs for special
populations, homeless, and low-income households. The major progress that the City made in
carrying out these two overall strategies was through the implementation of the following
project activities for 2021-22 and 2020-21 rollover activities for the CDBG Programs: a)
Acquisition/Reuse for Affordable Housing, b) Disposition of Properties Program, c)
Acquisition/Reuse of Slum and Blighted Properties, d)continuation of the Installation of Public
Infrastructure Improvements Program for Baker Subdivision (321 State Avenue), and e) the
implementation of the CDBG-CARES funding. The latter, CDBG-CARES, allowed the City to
implement the following three programs due a worldwide Coronavirus Pandemic: 1) Rent
Relief Assistance; 2) Mortgage Relief and 3) Utility Relief Assistance for both Renters and
Homeowners. For the HOME Programs: a)Homeownership Construction Program; b)
Homebuyer Assistance Program, and c) future funding for Low-Income Housing Tax Credits
(LIHTC) units in the Baker Subdivision.
2021-22 CDBG Program Activities:
• The Acquisition/Reuse Program. This activity was designed to create, expand, and maintain
affordable housing for homeless and low-income persons (80% or less of AMI) by increasing
the supply of affordable rental housing for low-income families, increasing the availability of
affordable owner-occupied housing or maintaining the supply of affordable owner-occupied
housing. Under this activity, the City did not acquire any properties during the 2021-22
program year.
• The Disposition of Properties. This activity was designed to provide maintenance and costs
for properties purchased in previous program years. For 2021-22 the activity included the on-
going maintenance of one property at 241 Village Drive. In April 2022 the property was being
sold under contract to Habitat for Humanity of Central Iowa, who will complete the
rehabilitation and sell the property to a qualified household in the 2022-23 program year.
• The Acquisition/Reuse for Slum and Blighted Properties. Under this activity, the following
activities may occur: acquisition of slum and blighted properties and the acquisition of
properties for public facilities use (shelters, recreational use, etc., or infrastructure
improvements such as sidewalks, street improvements, shared use bike paths, etc.) Also,
funds may be used to purchase vacant in-fill lots for redevelopment into non- affordable
housing, or for public facilities use or public infrastructure. This activity may include
demolition and clearance. The goal is to address the needs of non-LMI populations or other
community needs such as needs of LMI persons. For the 2021-22 Program year one (1) property
was purchased that had been tagged as a dangerous, abandoned, and unsafe. The property
is anticipated to be demolished in program year 2022-23.
• The Installation of Public Infrastructure Improvements in the Baker Subdivision. This
activity was a rollover from the 2020-21 program and included the following public
infrastructure improvements (including all engineering and legal costs): water/sewer, streets,
sidewalks, electrical, alley improvements, and a shared used bike path trail. The installation
of these improvements create a mixed- use housing development and have been
completed. The north side of the development and the street along Wilmoth has twenty-
six (26) designated single-family homes, of which fourteen (14) (51%) will be affordable
housing and twelve (12) (49%) will be market rate housing.
e) The CDBG-CARES (COVID:19): Relief Assistance Programs. Under this activity, the Rent &
Utility Relief Assistance and Mortgage & Utility Relief Assistance were continued from the
2020-21 program year. For the program year 2021-22, twenty-six (26) households received
rent and utility relief assistance and one (1) household received mortgage and utility relief
assistance.
2021-22 HOME Program Activities:
• The HOME New Single-family Construction Program. Under this activity funds were set
aside to solicit non-profit home builders and/or modular home manufactures into a
partnership to begin building single-family homes once the public improvements were
completed. However, due the economic impact from the pandemic, which has effected the
supply chain for materials, construction costs and labor shortages, we were unable to
connect with a housing developer for the modular homes during this program year. The
City will continue to seek partnerships with various housing builders for the 2022-23
program year.
• The HOME Low-Income Housing Tax Credit Program (LIHTC). Under this activity the
City sought and partnered with a Housing Developer to apply for the State’s LIHTC
program to thirty-seven (37) construct multi-family housing units along the south side of
the Baker Subdivision. Late Spring of the 2021-22 program year, the housing developer
withdrew from the partnership. The City prepared a new Request for Proposal (RFP) to
immediately seek a new partner developer that will be determined in the 2022-23 program
year.
c) The HOME Down payment and Closing Cost Assistance Program. Under this activity funds
were set aside to assist qualified first-time homebuyers with down payment and closing cost
assistance to purchase the fourteen (14) single-family homes scheduled to be constructed
in the Baker Subdivision. However, the 2021-22 funds for this activity were shifted to the
LIHTC project to leverage getting multi-family housing units constructed.