HomeMy WebLinkAbout~Master - February 9, 2021, Regular Meeting of the Ames City CouncilAGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL*
FEBRUARY 9, 2021
*DUE TO THE COVID-19 PANDEMIC, THIS CITY COUNCIL MEETING WILL BE
CONDUCTED AS AN ELECTRONIC MEETING. IF YOU WISH TO PROVIDE INPUT ON
ANY ITEM, YOU MAY DO SO AS A VIDEO PARTICIPANT BY GOING TO:
https://zoom.us/j/826593023
OR BY TELEPHONE BY DIALING: US:1-312-626-6799 or toll-free: 1-888-475-4499
Zoom Meeting ID: 826 593 023
YOU MAY VIEW THE MEETING ONLINE AT THE FOLLOWING SITES:
https://www.youtube.com/ameschannel12
https://www.cityofames.org/channel12
or watch the meeting live on Mediacom Channel 12
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please see the instructions listed above. The normal process
on any particular agenda item is that the motion is placed on the floor, input is received from the
audience, the Council is given an opportunity to comment on the issue or respond to the audience
concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of
the first reading.
CALL TO ORDER: 5:15 p.m.
FY 2021/22 BUDGET WRAP-UP
1. Council Budget Presentations:
a. Public Art
b. Arts Funding (COTA)
c. Human Services (ASSET)
d. Outside Funding Requests
e. Other Requests
2. Public Input on Capital Improvements Plan (CIP) and Budget
3. Final Council Decisions:
a. Amendments to 2021-2026 CIP, if desired
b. Vote on motion to approve 2021-2026 CIP, as amended
c. Amendments to FY 2020/21 Adjusted Budget, if desired
d. Vote on motion to approve Adjusted Budget for FY 2020/21, as amended
e. Amendments to proposed FY 2021/22 Budget, if desired
f. Vote on motion to approve proposed budget for FY 2021/22, as amended
g. Motion to set February 23, 2021, as date of public hearing to adopt a Maximum City Property Tax
Levy for FY 2021/22
REGULAR CITY COUNCIL MEETING*
*The Regular City Council meeting will immediately follow Budget Wrap-Up.
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.
1. Motion approving payment of claims
2. Motion approving Minutes of Special Meetings held January 19 and 29, 2021; and Regular
Meeting held January 26, 2021
3. Motion approving Report of Change Orders for period January 16 - 31, 2021
4. Motion approving certification of Civil Service applicants
5. Motion approving ownership change for Class C Liquor License with Outdoor Service &
Sunday Sales - Buffalo Wild Wings - 400 South Duff Avenue
6. Motion approval renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (carryout) &
Sunday Sales - Wal-Mart Supercenter #4256 (534 South Duff Ave)
b. Class C Liquor License with Outdoor Service & Sunday Sales - Buffalo Wild Wings (400
South Duff Ave)
c. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (carryout) &
Sunday Sales - goPuff (615 South Dayton Ave)
7. Resolution approving reappointment of Council Member Betcher to Ames Convention and
Visitors Bureau Board of Directors
8. Resolution approving reappointment of Council Member Corrieri to Squaw Creek Watershed
Management Authority
9. Resolution approving Encroachment Permit Agreement for sign at 109 Welch Avenue.
10. Resolution approving 2020 Resource Recovery Plant Annual Report
11. Resolution approving Master Wireless Attachment Agreement with USCOC to Greater Iowa,
LLC d/b/a US Cellular Corporation for Electric Services
12. Resolution approving contract with the Department of Natural Resources for Watershed
Assessment for Headwaters of the South Skunk River (as part of the Headwaters of the S.
Skunk River Watershed Management Authority)
13. Resolution approving Transportation Alternatives Program (TAP) Funding Agreement with
Iowa Department of Transportation for 2020/21 Shared Use Path System Expansion - Vet Med
Trail (S. 16th Street to S. Grand Avenue)
14. Resolution approving dedication of right-of-way from 2110 S. Duff Avenue for the FY 2020/21
U.S. Highway 69 Improvements project
15. Bulbs for the UV disinfection system at the Water Pollution Control Facility:
a. Resolution approving waiver of the City’s Purchasing Policy requirement for competitive
bidding and allowing sole-source procurement of OEM bulbs
b. Resolution approving sole source procurement of OEM bulbs from MC2 of Des Moines,
Iowa, in the amount of $51,246.26
16. Resolution awarding 5-Year Enterprise Agreement to Carrier Access IT LC, of Clive, Iowa, for
CISCO Security Software (Umbrella, ISE & Duo) for Information Technology Division in the
amount of $166,010.80, to be paid $33,202.16 annually
17. Resolution approving preliminary plans and specifications for the Flood Mitigation - River
Flooding Tree Clearing project; setting February 24, 2021, as bid due date and March 9, 2021,
as date of public hearing
18. Top-O-Hollow Substation Construction:
a. Resolution approving Change Order No. 7 to deduct $142,088.78 from the contract balance
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with Primoris Aevenia, Inc., of Johnston, Iowa
b. Resolution accepting completion
19. Resolution approving contract and bond for 2020/21 Pavement Restoration - Slurry Seal
Program
20. Resolution accepting completion of public improvements and releasing security for LDY
Subdivision
21. Resolution accepting completion of Ames/ISU Ice Arena Lighting Project
22. Resolution accepting completion of the Water Treatment Plant Maintenance and Storage
Building
23. Resolution accepting completion of Year Four of the Five-Year Water Plant Well Rehabilitation
Contract
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business
other than those listed on this agenda. Please understand that the Council will not take any action on
your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a
future meeting. The Mayor and City Council welcome comments from the public; however, at no
time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each
speaker to three minutes.
PLANNING & HOUSING:
24. Resolution approving Preliminary Plat for Sunset Ridge Subdivision, 11th Addition
HEARINGS:
25. Hearing on 2019-20 Sanitary Sewer Rehabilitation (Basin 10):
a. Resolution approving final plans and specifications and awarding contract to Municipal Pipe
Tool Co. LLC, of Hudson, Iowa, in the amount of $952,843.78 as the Base Bid and
$330,320 as the Alternate 1, for a total contract in the amount of $1,283,163.78
26. Hearing on Baker Subdivision Geothermal Heat Pump System:
a. Resolution approving final plans and specifications and awarding contract to Thorpe Water
Development Company, of Ankeny, Iowa, in the amount of $235,835 (inclusive of Iowa
sales tax)
ORDINANCES:
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
CLOSED SESSION:
27. Motion to hold Closed Session as provided by Section 21.5(1)c, Code of Iowa, to discuss
matters presently in or threatened to be in litigation
ADJOURNMENT:
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ITEM # 3g
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: RESOLUTION SETTING FEBRUARY 23, 2021 AS THE DATE OF
PUBLIC HEARING TO ADOPT A MAXIMUM CITY PROPERTY TAX
LEVY FOR FISCAL YEAR 2021/22
BACKGROUND:
During the 2019 legislative session, changes were made to the Code of Iowa that
altered the process for adoption of annual budgets for cities. Per Iowa Code section
384.15A, cities must now hold a public hearing and adopt a maximum property
tax levy in any year the city expects to adopt a budget that includes a levy of
property taxes (excluding debt service) exceeding 102 percent of the prior
budget. Please note that the debt service levy is excluded from the maximum
levy resolution since issuers of general obligation bonds are required to levy
taxes required to repay the bonds without restriction. Additionally, the Code
requires that notice of the hearing be included on the City internet site and primary
social media account. The approval of the maximum levy requires a two thirds majority
of the Council.
One of stated purposes of the new legislation was to improve transparency and
disclosure of proposed property tax increases for local government.
CITY OF AMES BUDGET AND PROPERTY TAX LEVY
As a growing City, Ames routinely adopts a budget that includes a levy of property taxes
that exceeds 102 percent of the prior year. Ames has also followed a policy of complete
and full disclosure for the proposed and adopted budget, including the levy of property
taxes and the impact of the various classes of property. Because of this, compliance
with the Iowa Code changes fits within our established budget process but requires an
additional hearing and posting of property tax levy information in the format established
by the State of Iowa.
Attached is the draft form providing notice of public hearing for the maximum
levy rate. Council may make decisions as part of the February 9 budget wrap-up
session that could result in adjustments to the maximum levy rate. City Finance
staff will make any adjustments needed during the meeting and Council will the
set the hearing on the maximum levy with those decisions incorporated.
The deadline for adoption of the budget is March 31 to allow time for notice and the
additional hearing. However, adoption of a maximum levy resolution after the public
hearing on February 23 will be required to maintain the established budget schedule
and to adopt a budget with funding adequate to meet service levels desired by Council.
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ALTERNATIVES:
1. Establish February 23, 2021, as the date to hold a public hearing and adopt a
resolution establishing the City of Ames maximum property tax levy for fiscal year
2021/22 as determined in the February 9, 2021 Council meeting.
2. Delay the hearing and resolution establishing the City of Ames maximum
property tax levy for fiscal year 2021/22.
CITY MANAGER’S RECOMMENDED ACTION:
Holding a public hearing and adoption of a maximum property tax levy is required to
proceed with the City Manager’s recommended budget and any modifications made by
City Council.
Therefore, it is recommended that City Council approve Alternative No. 1, thereby
establishing February 23, 2021, as the date to hold a public hearing and adopt a
resolution establishing the City of Ames maximum property tax levy for fiscal year
2021/2022 as determined in the February 9, 2021 Council meeting.
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MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JANUARY 19, 2021
Mayor John Haila called the Special Meeting of the Ames City Council, which was being held
electronically, to order at 5:15 p.m. with the following Council members participating: Bronwyn
Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and David Martin. Ex
officio Member Nicole Whitlock was absent.
Mayor Haila stated that it was impractical to hold an in-person Council meeting due to the Governor
of Iowa declaring a public health emergency because of the COVID-19 pandemic. Therefore, limits
have been placed on public gatherings, and this meeting is being held as an electronic meeting as
allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the public could
participate in the meeting via internet or by phone.
2021-2026 CAPITAL IMPROVEMENTS PLAN (CIP): Mayor Haila announced that there were
some technology issues in bringing the Director of Parks and Recreation, who was supposed to be
first to present, into the meeting. The Council will hear from Electric Services and go back to Parks
and Recreation when the issues are resolved.
UTILITIES PROGRAM.
Electric Services. Donald Kom, Electric Services Director, outlined to the Council that the
draft budget for the next five years is broken into three major groups: Transmission,
Distribution, and Power Plant (Plant, Generation-Related, Other) totals $25,066,000.
Mr. Kom described the major projects under Transmission/Distribution, which has a FY
21/22 budget of $956,000. This grouping equates to 33.3% of the 5-year budget. Highlighted
were: 69kV Transmission Reconstruction and Ontario Road Sub Breakers/Relays, Street
Light & Line Relocation, LED Street Lighting, Equip Storage Expansion, and Reliability
Improvements: Dayton Avenue Sub Switchgear, Mortensen Road TX Protection, Vet Med
Substation Switchgear, Haber Road Sub Expansion.
The Power Plant is recommending a budget for FY 2021/22 of $5,995,000, which is 66.7%
of the 5-year budget. Specific projects include Combustion Turbine Improvements, Unit #7
(base load), Unit #8 (base load), and Infrastructure were explained. Additionally, five
projects were included under Fuel/Waste Systems and two projects under Other (Plant
Control Wi-Fi Network and Units #5 and #6 Removal) were noted.
Mr. Kom summarized the key points of the Electric Services budget, as follows:
1. FY 21/22 budget reflects a focus of capital resources towards Power Plant improvements
to increase the reliability of the units
2. Proactive replacement of old, out-of-date, deteriorating equipment
3. Material Lead time delays due to COVID
4. Lessons learned from the Derecho; “Plant Black Start” capabilities
5. Improve Power Plant boiler tube life to maintain burning of Refuse Derived Fuel
Director Kom highlighted what the Utility had learned from the Derecho that occurred on
August 10, 2020. He noted that the City had never experienced such an event and described
some of the things that were learned throughout the analysis of the City’s response.
COMMUNITY ENRICHMENT PROGRAM:
Parks and Recreation. Director Keith Abraham advised that the 2021-26 CIP budget for the
Parks and Recreation Department totals $7,631,000. He highlighted the projects that will be
included for the Park System/Facility Improvements, Downtown Plaza, Ada Hayden
Heritage Park, Playground Equipment Improvement, Furman Aquatic Center, Municipal
Pool, ADA Transition Plan Improvements, Hammed Golf Course, Ames/ISU Ice Arena,
Moore Memorial Park Pedestrian Bridge, and Rose Prairie Park Development.
Council Member Gartin expressed his opinion on the value of engineering, designing, and
installing a pedestrian bridge across Squaw Creek at Moore Memorial Park. He believes this
would be an outstanding improvement and stated that he would like to have this project
moved up, if possible.
Cemetery. Mr. Abraham explained that a funeral pavilion is planned to be constructed in the
Ames Municipal Cemetery in 2021/22. Fencing at the Ontario Cemetery will also be
replaced.
UTILITIES PROGRAM:
Water Production/Treatment. John Dunn, Director of Water and Pollution Control, advised that
the 2021-26 CIP is comprised of 11 projects for the Water Plant, which total $11,915,000, and
seven projects for the Water Pollution Control Plant, which total $25,231,000. The grand total
dollar amount for the entre Department (both Plants) equates to $37,146,000 over the next five
years.
Water Plant. Projects specifically highlighted were Water Plant Facility Improvements,
Distribution System Monitoring Network, Well Field Standby Power, Advanced Metering
Infrastructure, Remote Sites Fiber Installation, fourth pump at Pump Station located at State
Avenue and Mortensen Road (SAM)/addition of standby power to the SAM pump station. Mr.
Dunn stated that the East Industrial Elevated Tank will be delayed one year in order to meet the
pace of development in the Industrial Park. Other projects described were: Ada Hayden Water
Quality Study, Lime Lagoon Improvements, Wells Control Rehabilitation, and the Squaw Creek
Pump Station Demolition.
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Water Pollution Control Facility. Highlights were given for the following projects: WPC Plant
Facility Improvements, which will include repairs, replacement, and upgrades to equipment at
the Plant; Watershed-Based Nutrient Reduction; Nutrient Reduction Modifications, Co-
Generation System Maintenance, Electrical System Maintenance, WPC Handworks
Modifications, which include a complete replacement of the entire Handworks system beginning
in FY 2023/24, and Lift Stations Fiber Installation.
UTILITIES PROGRAM: Public Works Director John Joiner presented the projects included in
the 2021-26 CIP for the Public Works Department as follows:
Water System Improvements. This program provides for replacing water mains in areas that
experience rusty water problems, generally caused by aged cast iron pipe and also provides
for installing larger distribution mains.
Sanitary Sewer System. Three projects (Sanitary Sewer System Improvements, East 13th
Street Sanitary Sewer Extension, and Clear Water Diversion) were explained.
Stormwater. Six projects under this program, totaling $11,667,000, were described.
Specifically highlighted was the South Skunk River Improvements project (East 13th Street
to South 16th Street).
Resource Recovery System Improvements. Director Joiner advises that this program is to
purchase new and replacement components and equipment at the Plant. Also included is
funding for materials for two annual preventive maintenance projects, with the work
performed by Resource Recovery personnel.
TRANSPORTATION PROGRAM:
Street Improvements. Director Joiner highlighted the following projects: Arterial Street
Pavement Improvements, Collector Street Pavement Improvements, Concrete Pavement
Improvements, Asphalt Street Pavement Improvements, and Seal Coat Street Pavement
Improvements, Downtown Street Pavement Improvements, Right-of-Way Restoration,
CyRide Route Pavement Improvements, Alley Pavement Improvements, Campustown
Public Improvements, South 16th Street Roadway Widening.
Shared Use Paths. A summary was provided for the Shared Use Path Improvements, which
include expansion at several locations, multi-modal roadway improvements, and path
maintenance. It was noted by Mr. Joiner that the amount of funds that the City plans to
expend on shared use paths meets or exceeds the goal set by the City Council.
Traffic Improvements. Six projects under this program were described by Director Joiner,
which total $17,330,750 over the next five years. Locations for each program were given.
This program includes the Long-Range Transportation Plan (LRTP) Update, which is
federally required to be updated every five years.
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Street Rehabilitation. Projects included under this program will be: Pavement Restoration,
Main Street Sidewalk Paver Replacement, Right-of-Way Appearance Enhancements, Bridge
Rehabilitation Program, and Neighborhood Curb Replacement Program. Additional details
were provided by Director Joiner for the Main Street Sidewalk Pavement Replacement
project.
Mayor Haila inquired whether it would be possible, if the Council so chose, to install some
outdoor seating on Main Street. Mr. Joiner stated that staff wants to prioritize and focus first
on replacing the pavers. Operations Manager Justin Clausen stated that, after the pavers
project s complete, he did not think there would be anything to prevent adding outdoor
seating if that was the Council’s recommendation.
Council Member Betcher noted that a project to install inclusive sidewalks was bid; it came
in over-bid and staff was directed to re-bid . She asked if that rebidding had occurred. Mr.
Joiner stated that the project was rebid; however, came in even more costly. He believed that
installing them as a service-type project was the recommendation.
Airport. Director Joiner advised that two projects were included in the Airport
Improvements program that were determined by the Airport Master Plan. The Master Plan
update that was completed in 2020 determines Federal Aviation Administration funding
eligibility. Projects beginning in FY 2021/22 through FY 2024/25 are high-priority safety
projects for the Airport.
A video of Public Works’ 2020 CIP projects was shown.
Transit System. Director Barb Neal commented that the CIP for 2021-2026 was approved
by the Transit Board at its December 2020 meeting. Ms. Neal stated that a few capital
improvement projects have been put on hold due to the uncertainty of the times. The CIP
priority projects are vehicle replacement and facility improvements.
Specifically highlighted was the CyRide Vehicle Replacement & Rehabilitation program,
which includes, in 2022/23, replacing three 40' buses with battery electric buses. All new
buses will be funded with 80-85% federal funding.
Projects under CyRide Building Improvements & Expansion were explained, which include
HVAC system improvements, exterior facility improvements, water main replacement and
concrete replacement. In addition, $715,166 in local match dollars has been reserved for a
grant to begin constructing more facility space.
Other projects highlighted were CyRide Technology Improvements, Bus Stop
Improvements, and CyRide Shop and Office Equipment.
OTHER: City Manager Steve Schainker described the following projects contained in the CIP in
question.
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Fire. Engine 1 will be replaced at a cost (including new equipment) of $747,000.
Library. Carpet will be replaced on the first and second floors.
Downtown Facade Program. Funding in the amount of $50,000/year for five years has been
included in the 2021-26 CIP.
Campustown Facade Program. Funding in the amount of $50,000/year for five years has
been included in the 2021-26 CIP.
Neighborhood Improvement Program. Funding in the amount of $50,000/year for five years
has been included in the 2021-26 CIP.
City Hall Improvements. The City Hall Improvements program focuses on major
maintenance or replacement of needed items for the City Hall building, Veterans Memorial,
and both east and west City Hall parking lots. Funding in the amount of $50,000/year for
five years has been included in the 2021-26 CIP.
At the request of City Manager Schainker, Finance Director Duane Pitcher reviewed the Projection
of Debt Capacity shown on Page VII of the CIP document.
PROJECTS NOT YET INCLUDED IN THE CIP. Mr. Schainker highlighted a few projects that
will be needed in the near future; however, because of a need for additional information or other
funding priorities at this time, they have not yet been included in the CIP. Those projects include
the following:
1. As the Ames School District moves ahead with their plans to demolish the City’s
Municipal Pool, the community will be in need of a new indoor aquatics center.
While the previous strategy was to include this facility in the Healthy Life Center
concept, a failed bond referendum has caused the City to explore other funding
strategies. Currently, the City is pursuing funding for this new facility through
private donations and the State’s Reinvestment District Incentive Program.
2. With increased densities in Campustown, it has become more dangerous for
pedestrians when fire trucks exit and enter Fire Station No. 2 on Welch Avenue.
Because of this, the relocation of Fire Station No. 2 needs to be considered by the
City Council. City staff has been working with Iowa State University administrators
to identify alternate sites on University property along State Avenue in order to
maintain adequate response times to the ISU campus as well as other parts of the
city.
3. Because of inadequate space to 1) provide a healthy environment for the animals, 2)
allow the staff to accomplish their work, and 3) accommodate the customers who
wish to adopt animals, the construction of a new Animal Control facility is needed.
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4. After the new Comprehensive Plan, which will highlight where the City will grow
over the next 20 years, is finalized, it will be time to formulate a new fire station
location plan. That plan could include a fourth fire station.
City Manager Schainker stated that there will be several opportunities for the public to comment on
this CIP. The public can provide input at the January 26, 2021, Regular Council meeting and up
until the budget wrap-up session, which will be held on February 9.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: None.
COUNCIL COMMENTS: Council Member Betcher praised the outstanding presentation given
in celebration of Martin Luther King Day.
Also, Council Member Betcher indicated that the International Town & Gown will be conducting
another virtual conference from May 24 - 26, 2021. The Early Bird rate expires this Friday. If any
other Council members are interested in participating, Ms. Betcher asked that they contact her.
ADJOURNMENT: Moved by Betcher to adjourn the meeting at 8:02 p.m.
____________________________________ ____________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
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MINUTES OF THE REGULAR MEETING OF THE
AMES CONFERENCE BOARD AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JANUARY 26, 2021
REGULAR MEETING OF THE AMES CONFERENCE BOARD
Mayor Haila announced that it was impractical to hold an in-person Council meeting due to the
Governor of Iowa declaring a public health emergency because of the COVID-19 pandemic.
Therefore, limits have been placed on public gatherings, and this meeting was being held as an
electronic meeting as allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the
public could participate in the meeting via internet or by phone.
The Regular Meeting of the Ames Conference Board was called to order by Chairman John Haila
at 6:00 p.m. on January 26, 2021. Present from the Ames City Council were Bronwyn Beatty-
Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and David Martin. Linda
Murken, Lisa Heddens, and Latifah Faisal represented the Story County Board of Supervisors. Other
members in attendance were as follows: Joe Anderson, Nevada School Board of Directors; and
Jennifer Britt, United Community School Board of Directors. Gilbert School Board of Directors and
Ames School Board of Directors were not represented.
MINUTES OF FEBRUARY 25, 2020: Moved by Murken, seconded by Betcher, to approve the
Minutes of the February 25, 2020, meeting of the Ames Conference Board.
Vote on Motion: 3-0. Motion declared carried unanimously.
DISCUSSION OF CITY ASSESSOR’S BUDGET PROPOSALS: Acting City Assessor Brenda
Swaim reviewed the City Assessor’s 2021-2022 Annual Report. Ms. Swaim pointed out that there
are two vacancies on the Board of Review as one term concluded at the end of 2020 and another
member decided to retire at the end of 2020. One of the vacancies must be filled with a real estate
or construction expert per Iowa Code. It was noted that since the City Assessor retired, the
Examining Board met and requested the Register from the Department of Revenue.
Ms. Swaim mentioned that updated tables were emailed earlier today, and she asked the Conference
Board to focus on Tables 1 and 3 as those tables were correct. Table 1 showed that the assessed
values were up by 3.2% and table 3 showed that the taxable values were up 4.7%.
Council Member Betcher inquired as to what accounted for the lower percentage from what the
Board had for Table 2 as opposed to what they now see in Table 3. Ms. Swaim explained that Table
2 had last year’s information in it as the old information was brought forward and not updated. The
Mayor wanted to know if new tables would be sent out. Ms. Swaim mentioned that she would have
to get that information together and could send it out if the Conference Board wanted them. Mayor
Haila stated it would be helpful to have the updated information. If for any reason she is unable to
obtain the data to send out, he asked that she send a note to the Board to that effect.
It was noted that the Ames City Assessor’s Office has two vacancies. Ms. Swaim noted it was her
hope that the hiring of a new Ames City Assessor would be swift. She pointed out that on
Attachment C of the Report, it showed the Residential Sales Quarterly Report; and when looking at
new construction sales, the quantity decreased, but the price per square foot remained steady (the
median was up by 2.8%). Existing house sales were very active with the quantity up by over 9%. Ms.
Swaim pointed out that the price per square foot as well as the median price were also up from last
year.
Page 6 of the Report was a summary of the Assessment notices that were mailed out for 2020. Page
7 showed the number of Informal Hearings along with Board of Review Hearings. Ms. Swaim
explained that a question had come up from the Mini Board wanting to know the actual number of
Board of Review cases; and it was noted that of the 183 residential cases, 144 were two
condominium regimes held by a single owner. Ms. Swaim pointed out that, on Page 8 of the Report,
there was a list of appeals that were pursued beyond the Board of Review, either in District Court
or the Property Assessment Appeal Board (PAAB). Some of the cases have been settled, but many
are still active as the District Court and PAAB systems are backed up due to COVID-19.
The Mayor questioned if the 183 residential appeals was an average number of appeals that are
received each year. Ms. Swaim answered that the number was very low compared to other years.
Mayor Haila then wanted to know if the number of cases going to the District Court and PAAB was
comparative to previous years. It was pointed out that, while there are multiple cases, some of them
are related to one project.
Story County Board of Supervisor Lisa Heddens wanted to clarify the Board of Review cases that
show “number upheld,” and if that meant the homeowner won or the Board did. Ms. Swaim noted
that cases where the appeal was upheld (meant that the petition of the property owner was granted).
Ms. Swaim explained that she had found a few errors on the Budget Proposal and had made the
corrections. When Ms. Swaim was completing the Report for the Department of Management, she
had noticed that no money had been allocated for the vacancies in the Office for the remainder of
the fiscal year. Ms. Swaim had to increase the projected expenses for the Assessor, Deputy, and Staff
line items. In FY 20-21, it was originally budgeted for a 5% increase and that is what the corrected
amount is, but what was in the Report was modified. It was noted that the City Assessor’s Office
tries to mirror what the City of Ames does for increases, when possible. When the City only got 4%
those were the numbers shown. She wanted to make sure the Board knew that even though they had
expenses available for 5%, staff was able to stay below the 4% budget amount. The Mini-Board was
also able to help Ms. Swaim trim a few line items in the Report. It was pointed out that the total
percentage of change between the proposed and current budget is only 2%.
Mayor Haila asked if the expected budget included the vacancy of the position. Ms. Swaim explained
that she did take that into consideration along with the accrual pay out to the previous City Assessor.
The Mayor wanted to know if the Assessor’s office is actively searching for an Administrative
Assistant. Ms. Swaim mentioned that she is not sure, but knows that a few other items need to be
taken care of before they can hire anyone.
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Supervisor Linda Murken questioned when the last time was the Board of Review’s salaries were
increased. Ms. Swaim explained that it had been a long time; maybe over 15 years. The Mayor
mentioned that in the budget proposal it is being recommended that the Board of Review salary
change from $17.50 per hour to $35.00, and wanted to know if staff had checked with other
municipalities to see if the $35.00 was a common rate. Ms. Swaim mentioned it was discussed
briefly during the Mini Board as there was a salary survey done from other cities and; that was the
basis used for determining salaries for the Board of Review. Staff wanted to increase the salary with
the hope of attracting and maintaining qualified members.
Moved by Gartin, seconded by Murken, to approve the recommendations of the City Assessor’s
Report.
Vote on Motion: 3-0. Motion declared carried unanimously.
Moved by Heddens, seconded by Corrieri, to receive the proposed budget.
Vote on Motion: 3-0. Motion declared carried unanimously.
Moved by Faisal, seconded by Betcher, to set 6:00 p.m. on February 23, 2021, as the date of public
hearing on the proposed FY 2021/22 City Assessor’s budget (adoption of budget will occur after
hearing is held).
Vote on Motion: 3-0. Motion declared carried unanimously.
CONFERENCE BOARD COMMENTS: Council Member Martin asked, when the Conference
Board moves into the next phase with a new City Assessor, would the Conference Board want to
change any of the structure. He gave an example of adding more structure to the Mini Board or
establish a procedure for formal evaluation of the City Assessor. He inquired as to how to move
forward with those things if the Conference Board was interested.
Moved by Martin, seconded by Corrieri, to place the topics of the Mini Board structure (chair, vice-
chair, and secretary) and the question of how the Conference Board would evaluate the Assessor’s
performance after the appointment of a long-term Assessor on the next Conference Board Agenda.
Council Member Gartin explained that he is supportive of the motion, but wanted to know if they
could ask the City of Ames staff to come up with some proposals for the Conference Board to
consider. He mentioned that he was nervous about having a “blank slate” and wanted to know if
Council Member Martin would be in favor of adding that to his motion. Council Member Martin
stated that is a great consideration as he is unaware of how to evaluate the City Assessor. Mayor
Haila mentioned that would be a great idea and they could ask the City Manager who on staff would
be able to help come up with some proposals for the Conference Board. The Mayor stated that it
would be the understanding of the Conference Board that this would be included in the original
motion and a new motion would not be needed.
Vote on Motion: 3-0. Motion declared carried unanimously.
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The Mayor asked Council Member Corrieri to give an update on the process for hiring a new City
Assessor. Ms. Corrieri mentioned that the Examining Board met a few weeks ago to establish the
formality of the Examining Board, and she will be serving as Chair of the Board. The Board had
officially requested the registry of names from the Department of Revenue. The registry list had been
received and there were approximately 160 names on the list, but of those, 60 were retired. The City
of Ames Human Resources Department is going to be assisting with the initial application and
vetting process. Bethany Jorgensen, Human Resources Director, and Brian Phillips, Assistant City
Manager, will be putting together a formal job description and will have the position posted to the
City of Ames website in the next couple of weeks. A formal letter will then be sent to the names on
the registry that the recruitment is open and invite them to apply. Ms. Corrieri explained that they
are looking at having the position open indefinitely because the last recruitment only had one
applicant and they are not sure how many people will apply. Supervisor Heddens inquired, process-
wise, if the Examining Board would meet after the City has vetted the list. Ms. Corrieri explained
that it would depend on how many people there are on the list, if there are a lot, the City of Ames
will vet out some of the candidates, but if there are only a few then those will go directly to the
Examining Board. Once the Examining Board reviews the applications, they will invite the finalists
for a full-day interview process to meet with everyone and end on a public presentation. The
Examining Board will make a final recommendation to the Conference Board for appointment.
Supervisor Linda Murken stated that she understood that the 2005 Report was going to be updated.
She wanted to remind the Mayor and City Administrator if the City would be willing to take over
the payroll for the City Assessor’s office. Ms. Murken commented that the payroll is currently being
done by Story County. Everyone already thinks of the City Assessor’s office as City employees as
staff is on the City benefit plans, deferred compensation, and for Human Resources, and that it
doesn’t make sense for Story County to do the payroll and just wanted to remind everyone that this
issue had been brought up. Mayor Haila mentioned that he will follow-up with City Manager Steve
Schainker to get that question answered, and if needed, will bring it back to the Conference Board.
ADJOURNMENT: Moved by Heddens to adjourn the Ames Conference Board at 6:29 p.m.
MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
CALL TO ORDER: Mayor John Haila called the Regular Meeting of the Ames City Council,
which was being held electronically, to order at 6:31 p.m. with the following Council members
participating: Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck,
and David Martin. Ex officio Member Nicole Whitlock was also present.
Mayor Haila stated that it was impractical to hold an in-person Council meeting due to the Governor
of Iowa declaring a public health emergency because of the COVID-19 pandemic. Therefore, limits
have been placed on public gatherings, and this meeting was being held as an electronic meeting as
allowed by Section 21.8 of the Iowa Code. The Mayor then provided how the public could
participate in the meeting via internet or by phone.
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RECOGNITION: Fire Chief Rich Higgins recognized Nathaniel Ward, Robert Dean, and Obai
Elmustafa for their heroic actions on December 9, 2020. Chief Higgins explained that around 4 p.m.
on December 9, 2020, passersby noticed smoke and flames coming from a two-story apartment
complex at 220 South Dakota Avenue. Multiple people called 911 to report the fire; however, the
three individuals being recognized tonight decided to stop and make sure everyone was out of the
building. With heavy smoke and flames coming from the front of the structure obstructing the only
way out of the house for the occupants, Nathaniel, Robert, and Obai started knocking on windows
and yelling for the residents to get out. Once they realized the only way out for the second-story
apartment occupants was through a window, the men found a ladder and devised a plan to get the
two trapped people out safely. One occupant was able to jump to the waiting arms of the rescuers.
The second occupant was rescued by using a step ladder to get on top of a nearby garage roof, and
then used it again to access the second-story window. Chief Higgins stated that the selfless acts of
Robert, Nathaniel, and Obai are heroic in every sense, and it was with great pleasure that he
recognized them during this meeting and publicly for their actions. A video of the event recorded
by Ames Police Officer Celena Rohland’s body camera was shown. Fire Chief Higgins thanked
Officer Rohland for her actions that day that helped aid in the rescue.
The Mayor and Council thanked the three gentlemen for stopping to help and let them know that they
help make Ames a great place. Mr. Dean stated that he and Nathaniel were driving by and couldn’t
help but turn around and help. He explained that it was just a small fire and by the time they turned
around the front was fully engulfed in flames. Mr. Dean commented that it was a testament to what
anyone can do when they work together as a community. He reminded everyone to check their
smoke alarms. Mr. Ward echoed what Mr. Dean had mentioned and said he was glad that no one was
hurt and they were able to help anyway they could. Mr. Elmustafa stated he was just glad he was in
the right place at the right time to help.
Chief Higgins wanted to remind residents to always know two ways out. Whether it’s a home, place
of work, or a hotel, knowing two ways out will double any person’s chance of getting out safely
during an emergency when every second counts.
PROCLAMATION IN OBSERVANCE OF AMES ROTARY CLUB’S 100TH
ANNIVERSARY: The Mayor congratulated the Rotary Club of Ames on its 100th Anniversary and
commended it for its community service by declaring March 1, 2021, as Rotary Club of Ames Day.
Accepting the Proclamation was Chad Copley, Rotary President. Mr. Copley mentioned they were
thankful for the Proclamation and appreciated the Mayor declaring March 1, 2021, as Rotary Club
of Ames Day. He noted that the Rotary has 180 members who are observing the Rotary motto,
“Service Above Self.” The Rotary is continuing to look for ways to serve globally with water
delivery systems in Tanzania Africa and the PolioPlus program to eradicate polio. Locally the Rotary
supported the Ames Miracle Field Park, tree planting and care at Tedesco Environmental Learning
Corridor, and providing local community grants. They are hoping in the fall to get together in person.
He reminded everyone that there are openings in the Rotary Club of Ames if anyone is interested.
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CONSENT AGENDA: Mayor Haila mentioned that staff had requested to pull Item No. 26,
Resolution approving contract and bond for 2020/21 Pavement Restoration - Slurry Seal Program
from the Agenda as the items have not been received yet. Council Member Betcher requested to pull
Item No. 13, Requests from Ames Main Street (AMS) for Music Walk on Thursday, April 29, 2021;
Item No. 14, Requests from Ames Main Street (AMS) for Art Walk on Thursday, June 3, 2021, and
Item No. 15, Requests from Ames Main Street for 4th of July activities on July 4, 2021 for further
discussion.
Moved by Gartin, seconded by Corrieri, to approve the following items on the Consent Agenda.
1.Motion approving payment of claims
2.Motion approving Minutes of Regular City Council Meeting held January 12, 2021
3.Motion approving Report of Change Orders for period January 1 - 15, 2021
4.Motion approving New 12-month Class C Liquor License with Sunday Sales: Springhill
Suites, 1810 SE 16th Street, Pending Food Establishment License
5.Motion approving New 12-month Class C Liquor License with Sunday Sales: Cactus 2, 2420
Lincoln Way Ste B, Pending Food Establishment License and DRAM
6.Motion approval renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a.Special Class C Liquor License (B/W) Outdoor Service and Sunday Sales - Blaze
Pizza (2320 Lincoln Way #109) Pending DRAM
b.Class C Liquor License, Outdoor Service & Sunday Sales - El Azteca (2727 Stange
Road)
c.Class C Liquor License Sunday Sales & Catering - Ge’Angelo’s (823 Wheeler St #9)
d.Class C Beer Permit, Class B Wine Permit, Class E Liquor License - Fareway Store
#386 (619 Burnett Ave)
e.Class C Beer Permit, Class B Wine Permit Class E Liquor License - Fareway Store
#093 (3619 Stange Road)
f.Special Class C Liquor License (B/W) - Clouds Coffee LLC (119 Stanton Ave)
7.RESOLUTION NO. 21-023 adopting revised Employee Recognition Programs Policy
8.RESOLUTION NO. 21-024 approving Quarterly Investment Report for the Period Ending
12/31/2020
9.Requests from Ames Town and Gown to amend scope and time frame of 2021 COTA Spring
Special Project Grant Contract:
a.RESOLUTION NO. 21-025 approving contract amendment
b.RESOLUTION NO. 21-026 approving carry-over of $570 from FY 2020/21 to FY
2021/22
10.RESOLUTION NO. 21-027 modifying FY 2020/21 ASSET Contract with Heartland Senior
Services due to COVID-19
11.RESOLUTION NO. 21-037 approving Encroachment Permit Agreement for sign at 203
Main Street.
12.RESOLUTION NO. 21-038 approving the Surface Transportation Block Grant (STBG)
Federal-Aid Swap Funding Agreement with the Iowa Department of Transportation for E.
13th Street Reconstruction project in the amount of $1,600,000
13.RESOLUTION NO. 21-039 approving Surface Transportation Block Grant (STBG) Federal-
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Aid Swap Funding Agreement with the Iowa Department of Transportation for the Cherry
Avenue Extension in the amount of $1,890,000
14.RESOLUTION NO. 21-040 approving Professional Services Agreement with WHKS & Co.,
of Ames, Iowa, for 2019/20 Storm Water Erosion Control (Squaw Creek) in an amount not
to exceed $58,820
15.RESOLUTION NO. 21-041 awarding contract to NOVA Bus of Plattsburgh, New York for
two CyRide Battery Electric Buses and Charging Equipment in an amount not to exceed
$1,888,000
16.RESOLUTION NO. 21-042 approving Change Orders 3-5 with Story Construction Company
of Ames, Iowa, for CyRide Interior Improvement Project in the amount of $32,594
17.RESOLUTION NO. 21-043 approving Change Order No. 2 with Tri-City Electric Company
of Iowa, Davenport, Iowa, for Electrical Maintenance Services for Power Plant in an amount
not to exceed $68,000
18.DCS Software and Hardware Upgrade for Electric Services:
a.RESOLUTION NO. 21-044 approving waiver of Purchasing Policies requirement for
formal bidding allowing for a single-source purchasing arrangement with the current
DCS software and hardware supplier
b.RESOLUTION NO. 21-045 awarding contract to Emerson Process Management of
Pittsburgh, Pennsylvania, for DCS Software and Hardware Upgrade for Electric
Services in the amount of $420,803, with the City paying applicable sales taxes
directly to the State of Iowa
19.RESOLUTION NO. 21-046 approving contract and bond for Maintenance Facility Fabric
Storage Barn
20.RESOLUTION NO. 21-047 approving contract and bond for Water Plant Dehumidification
Project
21.RESOLUTION NO. 21-049 approving reduction in project retainage for the 2019/20
Sanitary Sewer Rehabilitation project (Munn Woods)
22.RESOLUTION NO. 21-050 accepting completion of Electric Services Replacement at
University Apartments (111 Lynn Avenue)
23.RESOLUTION NO. 21-051 accepting completion of North River Valley Park Low-Head
Dam Improvements Project
24.RESOLUTION NO. 21-052 approving Plat of Survey for 1018 and 1022 North Second
Street
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
REQUESTS FROM AMES MAIN STREET: Council Member Betcher explained that she pulled
the Ames Main Street Special Events items to make sure that the Council was operating under the
understanding that if COVID-19 precautions are in place at the time of the events, the Council still
has the ability to cancel the events based on City recommendations from CDC guidelines. Any
approval tonight would be contingent upon the health conditions at the time the three events occur:
1.Requests from Ames Main Street (AMS) for Music Walk on Thursday, April 29,
2021:
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a.Motion approving blanket Temporary Obstruction Permit and blanket
Vending License in Central Business District
b.RESOLUTION NO. 21-028 approving closure of 10 metered parking spaces
for food trucks and musicians from 3:00 p.m. to 9:00 p.m.
c.RESOLUTION NO. 21-029 approving waiver of parking meter fees and
enforcement, usage and waiver of electrical fees, and waiver of fee for
blanket Vending License for Ames Main Street from 3:00 p.m. to 9:00 p.m.
2.Requests from Ames Main Street (AMS) for Art Walk on Thursday, June 3, 2021:
a Motion approving blanket Temporary Obstruction Permit and blanket
Vending License in Central Business District
b.RESOLUTION NO. 21-030 approving closure of 10 metered parking spaces
for vendors from 1:00 p.m. to 9:00 p.m.
c.RESOLUTION NO. 21-031 approving waiver of parking meter fees and
enforcement, usage and waiver of electrical fees, and waiver of fee for
blanket Vending license for Ames Main Street from 5:00 p.m. to 8:00 p.m.
d.RESOLUTION NO. 21-032 approving closure of Kellogg Avenue, from
Main Street to Fifth Street from 3:00 p.m. to 8:30 p.m.
e.RESOLUTION NO. 21-033 approving usage of Tom Evans Plaza
3.Requests from Ames Main Street for 4th of July activities on July 4, 2021:
a.Motion approving blanket Temporary Obstruction Permit and blanket
Vending License in Central Business District
b.RESOLUTION NO. 21-034 approving usage and waiver of electrical fees
and waiver of fee for blanket Vending License
c.RESOLUTION NO. 21-035 approving closure of portions of Main Street,
Northwestern Avenue, Fifth Street, Douglas Avenue, Burnett Avenue,
Kellogg Avenue, Clark Avenue, Allan Drive, and Pearle Avenue from 6:00
a.m. until end of parade
d.RESOLUTION NO. 21-036 approving closure of Parking Lot MM, south
portion of Lot M, Depot Lots V and TT from 6:00 a.m. to 2:00 p.m.
John Hall, Ames Chamber of Commerce Vice President, stated that the Chamber understands the
concerns from Council Member Betcher, and their intention is to operate with precaution. He noted
that they were able to host the Art Walk in the fall of 2020. The Chamber will host the Art Walk and
Music Walk with the same precautions. Mr. Hall mentioned that they are not sure about the 4th of
July parade and are hopeful that they will be able to host the parade, but as they get closer to the day
of the event they will be exploring alternative options that may not entirely cancel the event. The
event may happen virtually or some other way to offer the event to the City. The Chamber will
continue to communicate with staff regarding the events and if they need to come back to the
Council with changes, they would be happy to do so. Ms. Betcher mentioned that she appreciated
what Mr. Hall had said, but she believed any previously approved events were approved by Council
with the contingency that the Council could cancel the event at any time. She is hopeful that things
will get better and the events will proceed as planned, but she wanted to avoid the event having to
come back to Council for its approval to have the event or cancel. The Mayor stated that the way the
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Council Action Form and the Agenda are written there is no provision in the recommendations that
the approval would be contingent upon health care provisions and asked Assistant City Manager
Brian Phillips what his recommendation would be. Mr. Phillips stated that the Council could approve
the request with the condition that the Chamber has to comply with whatever public health measures
are in effect at the time or the Council could wait to approve the items later.
Council Member Betcher stated she would prefer these requests not come back to Council, but
would like to approve the requests contingent upon whatever public health measures are in place at
the time of the event. The Mayor asked Mr. Hall if the Council approved the request with the
conditions stated by Ms. Betcher; would the Chamber be able to work with those. Mr. Hall
mentioned that all its events will have contingency plans in the event that there are tighter or
complete restrictions. The Chamber will be prepared to change dates, plans, or cancel the events if
needed. He pointed out that they would appreciate the approval tonight so they can start marketing
the events.
Moved by Betcher, seconded by Gartin, to approve the Ames Main Street events as listed above with
the added note that the approval is contingent upon the public health advisory and regulations that
are in position at the time the events occur.
Council Member Gartin stated he appreciated the motion, but he thought all the events were subject
to the Governor’s Proclamation. Ms. Betcher stated she is not sure as she has seen some events that
are not compliant, and she wants to make sure that anything on City property is being followed.
Council Member Martin asked if the motion also included any policy that the City Council had
adopted as well. Ms. Betcher confirmed that would be true.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC FORUM: Mayor Haila opened Public Forum. No one requested to speak, so he closed
Public Forum.
UPDATE ON INDOOR AQUATIC CENTER: Parks and Recreation Director Keith Abraham
showed a couple concepts for a new Indoor Aquatic Center. He noted that a couple representatives
from RDG Planning and Design were online to answer any questions. Director Abraham mentioned
that they wanted to utilize the intersection at Lincoln Way and North Elm as it is a controlled
intersection and would help minimize traffic on North Oak.
Mr. Abraham noted that there were two options put together by RDG. It was pointed out that in both
options the building is situated on the southwest portion of the property with parking to the north and
140 parking spots. Option 1 was for a single-level aquatic center. The building would be 31,300
square feet with approximately 30% of the site being green space. The indoor pool would have a six-
lane lap pool, a zero-depth entry pool with a current channel, a wellness/therapy pool, a large
enclosed slide that begins and ends inside the building, but also goes outside, a smaller slide for
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younger children, locker rooms (men’s, women’s, and eight universal/family changing rooms), two
gender neutral restrooms, some office space, and support spaces (storage, equipment room, etc.).
Option 1 comes with a price tag of about $22.8 million. There are opportunities for future expansion
to the east of the building or by building over the parking lot to the north. He noted that if there is
expansion then parking will become an issue as there will not be enough parking, which was a
concern of the neighborhood. The second option would have 32,100 square feet on the first level and
11,600 square feet on the second level. The first level has the same features as Option 1 with the
addition of stairs and an elevator. The second level features a multi-purpose room, a walking area,
a social area, storage, and two gender neutral restrooms. This option would cost about $27.5 million.
Director Abraham explained that the cost estimates included the construction, storm water storage
under the parking lot, land acquisition, demolition of buildings and parking, design fees, other costs
(soils, survey, testing), and a 15% contingency. Director Abraham explained that there were some
alternates offered if the Council was interested. One Alternate under Option 1 would be to size the
buildings structural steel and footings to accommodate expanding the single-level building into two-
levels but would cost an additional $500,000. Under Option 2 there was an alternate to shorten the
walking track on the second level which would decrease the cost by $1.5 million. Any feedback
came from the neighborhood; traffic, parking, and stormwater were their main concerns.
Council Member Gartin asked Mr. Abraham to point out the slide features. Mr. Abraham noted that
there is a stairway that has a tube slide that will go outside and then run back inside. There will also
be a youth slide; currently there are three different slides being considered.
The Mayor asked for City Manager Steve Schainker to explain the process the City is going through
for the Indoor Aquatic Center. Mr. Schainker explained that the City is trying to take advantage of
the major development along Lincoln Way, between Clark and Kellogg, to take part in a state
program. It is the Iowa Reinvestment District Program that allows the City to capture the state tax
on hotels and retail sales to be used for certain projects that better the community. The City is putting
together an application that is due February 22, which would allow the City to collect the hotel and
retail tax for the proposed development on Lincoln Way and use the funds to pay for the Indoor
Aquatic Center. The goal is to use that revenue plus donations along with the Winakor Donation
Fund money to help finance the facility. He pointed out that the option the Council chooses will set
the bar for the amount of revenue that needs to be collected either from donations or the
development. Once an option is chosen, an economic analysis will need to be done. Mr. Schainker
stated that the City will have to up-front the general obligation bonds for this facility. He explained
that an indoor aquatic center is a priority for City Council and that what is presented in Option 1.
Staff is not certain at this time if the level of tax rebate funding generated from the Reinvestment
District projects and the amount of donations secured will cover the cost of either option. It was the
recommendation of the City Manager that the City Council adopt Option 1.
Council Member Beatty-Hansen stated that one of the additions to Option 1 was the $500,000 to add
the footings for a potential second story later. She wanted to know if those would be strong enough
to possibly add a third story to the building. Al Oberlander, Consultant with RDG Planning and
Design, explained that the structure as designed was for two stories only and the price would go up
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if the City wanted to include a third story. Mr. Schainker stated that a big concern with expanding
further would be the loss of parking - the bigger the building the more parking would be needed; it
will expand into the neighborhood, which is what they don’t want to do. Ms. Beatty-Hansen
mentioned she liked having the potential to expand the building if needed. She asked if any thought
was given to using the existing building. Director Abraham mentioned that there was not a lot of
conversation regarding using the current building. The building currently on the lot is not set up to
allow the parking and the building is older and would cost more to make improvements.
The Mayor wanted to know if the Council decided to go with Option 1 and in the future wanted to
add a second floor how much of a disruption there would be while adding that second level. Mr.
Oberlander stated if a second floor was added over the locker room and offices, they would have to
knock holes in the floor to add the new footing to support the new columns. Some areas would need
to have the roof taken off to convert to a floor structure instead of a roof. The pool would need to
be shut down to strengthen the trusses to build the walking track. There would be numerous
interruptions to the day-to-day operations. City Manager Schainker pointed out that if they did the
underground stormwater then they would have all the green space to the east for expansion. Mr.
Oberlander stated that would be correct as they would have 15,000 square feet of space for
expansion.
Council Member Gartin stated that including a walking path would significantly increase the number
of people who would benefit from the building. He pointed out that Ada Hayden is packed when the
weather is nice. Currently, there is nowhere for anyone to go walking when the weather is bad
besides the mall. He noted that he is leaning towards having a second floor for the walking path and
the cost is going to keep getting more expensive as they move on. He appreciated that RDG would
be eliminating a curb cut on the west side; this would make things nicer for the neighborhood. Mr.
Gartin reminded everyone that they are going to be seeing major changes along the Lincoln Way
Corridor within the next few years.
The Mayor stated that it was noted in the Staff Report that the DOT may not want to vacate its
premises right away and wanted to know if the aquatic center could be built while the DOT is still
operating. Mr. Oberlander stated the potential new indoor aquatic center building is positioned on
the site where the existing two buildings could remain, but half of the parking lot would be taken out
during construction.
Council Member Betcher inquired if the City submitted the plan for the two-story aquatic center with
the Iowa Reinvestment District and then it was voted down by a referendum; would the project be
null and void or could they revert back to a one-story plan. City Manager Schainker stated if the City
had to submit an application that is contingent upon passing a bond issue he was not sure if the City
will get all the points needed. He pointed out that whatever the Council decides they are setting the
expenditure side up and at the February 9, 2021, meeting he is going to show the revenues side; he
is not even sure what the gap is yet.
Council Member Corrieri explained that in her experience working with the Iowa Department of
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Economic Development, when they like a project the committee is willing to work with
communities. She mentioned that she has seen other applications submitted where there have been
bond referendums that have influenced the project. She thought the Council needed to continue to
be excited and advocate for the project as much as they can rather than looking at the potential
downfalls may be. Ms. Corrieri commented that there isn’t anything to not like about this project and
believes the state will love this project and will want the City of Ames to succeed. Mr. Schainker
stated that the challenge is not going to be the state, but whatever amount is put up for a referendum
if it doesn’t pass then there is not going to be a project as the City does not have the money to fill
the gap.
The Mayor opened public comment.
Adib Amini, 1018 N. 2nd Street, Ames, mentioned that he was at the neighborhood meeting as his
family lives on 2nd Street. Mr. Amini wanted to share that his family would love to have the pool in
the neighborhood. He understands it is a complex project and the issues that go with it. He is not sure
if it is possible to go with the second-story facility and if the bond referendum fails then go back to
the single-story option. Mr. Amini stated it would be great to have a walking path and the additional
features, but overall would love to see this project succeed.
Mayor Haila closed public comment when no one else came forward.
City Manager Schainker mentioned that the Council could wait until the February 9, 2021, meeting
to give direction once the Council has seen the revenue section. The application has to be submitted
by February 22, 2021. Mr. Schainker felt the Council should see both sides of the equation before
making a decision. He stated that he is expecting a gap even with Option 1, but not sure how big of
a gap it is going to be. Council Member Gartin asked what the downside would be to making a
decision tonight versus in a couple weeks. Mr. Schainker stated that the next meeting will show the
entire picture and how large the gap may be. He felt knowing how much the bond issue may be
would help the Council decide if they wanted to proceed with a single-or two-story aquatic center.
Mayor Haila pointed out that this is the first time the public has seen the project information and
maybe it would be beneficial to wait to see the entire picture. The Mayor mentioned that these
decisions are just for what kind of information the City will be submitting in its application to the
Iowa Economic Development Authority.
Council Member Gartin wanted to know what kind of outreach had been done for this project.
Director Abraham stated that there was a neighborhood meeting. Over 500 letters were sent out to
the Oak/Riverside Neighborhood and 15 people attended the meeting. Last week the Parks and
Recreation Commission met, and the meeting information was posted on Facebook and the
information was sent out to over 6,000 email addresses that are in the Parks and Recreation database.
The information that was sent was for the Aquatic Center and the Downtown Plaza. The Parks and
Recreation Commission had about five people show up. He pointed out that a lot of notices have
been sent out, but have not received a lot of responses.
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Moved by Gartin, seconded by Corrieri, to approve Option 2 for a two-level Aquatic Center with
additional features.
Council Member Betcher stated she is concerned with the motion as she would like to see the total
picture before making a decision. She doesn’t think she can support the motion right now and would
prefer to table the discussion.
Council Member Martin mentioned that he would also prefer to wait. He would prefer to have the
two-story building as they want to serve everyone in the community. He noted that this decision will
get harder the longer they wait. Mr. Martin mentioned that there are a lot of moving pieces and if
they have an opportunity to see how the revenues stack up against the expenses and what sort of
bond measure they would be looking at, the Council should have that information in hand before
moving forward.
Council Member Gartin stated that this is a good project and will have a higher basis of support if
they increase the desirability of the building.
Vote on Motion: 4-2. Voting Aye: Beatty-Hansen, Corrieri, Gartin, Junck. Voting Nay: Betcher,
Martin. Motion declared carried.
UPDATE ON DOWNTOWN PLAZA: Planning and Housing Director Kelly Diekmann presented
the contextual location map for the Downtown Plaza across from City Hall. He noted the number
one goal of the project is to enhance Downtown, to have a connection to Main Street, and to be an
amenity to everyone who comes Downtown. The focus was on the long-term evolution of Downtown
using 5th Street and Burnett as a corridor that could be improved over time for both City
improvements and potential redevelopment in the area. The fundamental approach to the layout of
the Plaza was to treat 5th Street as the primary entrance and connection to Downtown with the
affiliation to City Hall as a secondary point of emphasis. Director Diekmann pointed out to the
northwest of City Hall on 6th Street there is a site that staff is going to recommend that City Council
look at acquiring. The City currently owns the lot through the CDBG program and as part of the
Annual Action Plan the three lots (519,525, and 601 6th Street) are currently being planned to be sold
at market value. The revenue from the sale is intended to be used to finance a portion of the
development costs for affordable housing at 321 State Avenue. In lieu of selling the properties to a
third party, it will be the staff’s recommendation that the City purchase these properties at the
appraised value of $198,000 to reimburse the CDBG program and convert the property to a public
parking lot.
Confluence had prepared a conceptual design for the site that incorporates a substantial number of
ideas initially identified for the site. The focal points for the project include running water features
in the north that flow through the plaza as a “runnel” connecting to spray water features at the south.
This large space at the south end of the site would also be the location of a skating facility. The
skating facility is a ribbon design to emphasize the social and recreational aspect of the use and to
make it unique from other skating facilities. If the ribbon design is not viable, the same space can
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be used for a more traditional open ice-skating area. The design also incorporates bike parking along
the south edge, opportunities for food trucks or pop-up retail along 5th Street, swinging seats, a
support building with restrooms, a signature public art piece, a small built-in platform for
performances, and various seating areas with a substantial amount of green space.
As a result of constructing the plaza, all 86 parking stalls in Parking Lot N would be removed. In its
place, staff has directed Confluence to show the addition of new angled parking along the west side
of Clark Avenue to provide “front door” customer parking for City Hall. This change would total
approximately 18 parking spaces. Angled parking with meters will be retained along 5th Street
frontage with one adjustment to the current configuration to test back-in angled parking. Back-in
angled parking is new to Ames, but present in other urban environments, such as Des Moines.
There was a public meeting held via Zoom on January 21, 2021, with approximately 90 people
participated. Mr. Diekmann noted that the feedback received were concerns about the loss of
parking, cost of the facility, other priorities for funding, and the location away from Main Street. The
positive feedback staff received is the idea of the ice-skating facility and the green space. Director
Diekmann mentioned that a quick poll and additional comment opportunities are available online
at www.cityofames.org/downtownplaza. He pointed out that in the five days since the link has been
active staff had already received 158 comments. Director Diekmann explained that there are a lot
of details that will still need to be decided, but there is a rush to get a conceptual design completed
to submit it to the Iowa Reinvestment District Program.
Council Member Betcher wanted to know about the potential to have technology charging solar
stations in tables so anyone can take their laptops and use them. Mr. Diekmann stated that level of
detail is not in the plan yet and could be added later. Ms. Betcher wanted to know if there was going
to be any seating available for parents in case they wanted to watch their kid’s skate. Director
Diekmann mentioned they had not talked about that yet, but did not envision any bleachers being put
in.
Council Member Beatty-Hansen wanted to know if a bicycle fix-it-station could be added to the
design, but understands that level of detail may come later. Director Diekmann stated those levels
of details were not in the plan yet, but could be added later.
Director Diekmann stated the Downtown Plaza is a current project within the Capital Improvement
Plan (CIP) with a budget of $2.7 million over a two-year period. The current design concept includes
several features with highly variable costs, such as the public art, ice skating facility, water features,
and support building. The working estimate for this concept ranges from $3 million to $4 million.
Confluence will provide a more precise cost estimate for the project as part of the final refinements
at the February 9, 2021, City Council meeting.
Mayor Haila opened public comment.
Adib Amini, 1018 West 2nd Street, Ames, mentioned that the design was beautiful. He noted that he
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has kids and would love to see kid friendly features and there is plenty of room to add items later
when funding is available. He wouldn’t want to see those types of items hold up the project.
The public comment was closed.
Director Diekmann stated that staff is providing an update and no action is needed at this time unless
there is something that the Council wanted to add.
Moved by Betcher, seconded by Martin, to approve Alternative 1: to accept the update on the
preparation of the Downtown Plaza concept and proceed with preparation of the final concept design
and cost estimates for the City Council to review on February 9th, and to proceed with planning for
parking changes to Clark Avenue, 5th Street, and the site on 6th Street.
Vote on Motion: 6-0. Motion declared carried unanimously.
The Mayor recessed at 8:03 p.m. and reconvened at 8:09 p.m.
DISCUSSION OF PRAIRIE FIRE DEVELOPERS CONCEPT PLAN FOR 321 STATE
AVENUE: Planning and Housing Director Kelly Diekmann mentioned that staff had partnered with
Prairie Fire Developers for the Low Income Housing Tax Credit (LIHTC) application, which is to
be submitted by March 12, 2021. Staff had provided feedback to Prairie Fire and its architecture
firm, Odimo, about the layout of the site and appearance of the main apartment building presented
in the original design. City Council had previously noted that it seemed bulky and the appearance
of a flat roof did not work well together with the townhome design that was also a part of the project.
The site plan has been modified to move the apartment building to the east near the driveway
accessing the site. The townhomes are now divided into three groupings of buildings rather than two.
The primary open space remains along the west boundary of the site with parking situated along the
east side. With the adjustments to the townhomes, the number of apartments can be increased from
the original 36 units to 37 units by adding one additional 3-bedroom townhome apartment. Staff
supports the updated site plan. The architectural changes for the apartment building were significant.
Odimo proposed changing the building to break the building up into three small connected buildings
with varying roof forms. The design concept allows for a final design detail of allowing the stairwell
to be located on the inside of the building.
The Mayor noted that on the prospective drawing there is a tall wall on the right side of the
development (west side of the development) and wanted to know if this is due to grading. Director
Diekmann stated he would need to follow up on that as that is not showing up on the Site Plan.
Council Member Betcher mentioned that the change to the apartment building was a good
improvement in her perspective.
The Mayor opened public comment. It was closed when no one came forward.
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Moved by Betcher, seconded by Corrieri, to approve Alternative 1 that is to accept the update
regarding the Prairie Fire Development Concept and proceed with preparation of the final LIHTC
application.
Vote on Motion: 5-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, Martin. Voting Nay:
Gartin. Motion declared carried.
INITIATING VOLUNTARY ANNEXATION FOR 23959-580TH AND ADJACENT
PARCELS, SUBJECT TO RECEIPT OF A WAIVER TO WITHDRAW FROM
ANNEXATION FOR ALL PROPERTIES: Planning and Housing Director Diekmann stated that
the City had received annexation petitions from three property owners representing 115.19 acres of
land east of the Ames corporate limits, located at the northwest corner of Highway 30 and 580th
Avenue. Staff had requested that the property owners submit waivers of the right to withdraw from
annexation prior to proceeding with the process. Waivers had been received from the two property
owners originally authorized by Council for annexation: Larson Leasing and LDY, LLC. Staff is
asking for the City Council to affirm moving forward with the annexation. Mr. Diekmann noted that
to the west of 23959 580th Avenue (formerly Caremoli) a vacant property owned by Bankers Trust
Company had petitioned to be part of the annexation. Staff found it logical to include the Bankers
Trust property into the annexation at this time. Director Diekmann mentioned that staff did not
believe an 80/20 annexation was necessary at this time. No City utilities will immediately serve the
sites. The existing structures will continue with rural water service for the immediate future. The first
step for annexation is for the City Council to accept the petitions and refer them to the Planning and
Zoning Commission for recommendation.
Council Member Gartin stated his perspective on the annexations that if the City has the opportunity
to do an 80/20 then they should. Mr. Gartin wanted to know if there was a potential downside, in the
future, with the way the land is configured to come in. Director Diekmann stated there wouldn’t be
a downside to the City except the City would be taking over the substantial maintenance of 580th
Street, even though the City does not have any rationale for wanting to maintain the extra half mile
of road. He noted in this case the City is not preventing themselves from annexations of large
developable spaces in the future.
Mayor Haila opened public comment and it was closed when no one came forward.
Mayor Haila stated as the annexation moved forward, he wanted to make sure that the property
owners understood that there would be no City water or sewer in the area and may not be available
for some time. The Mayor wanted to know if that will be in writing somewhere for the property
owners. Director Diekmann stated that the owner of the Caremoli property is aware and the other
properties are aware of the circumstances as well.
Moved by Betcher, seconded by Gartin, to approve Alternative 1, to initiate the voluntary annexation
of the four properties totaling 115.19 acres as a 100% voluntary annexation, subject to the receipt
of a waiver to withdraw from annexation for all properties.
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Vote on Motion: 6-0. Motion declared carried unanimously.
2021-2026 CAPITAL IMPROVEMENTS PLAN: Finance Director Duane Pitcher explained that
he is available for any questions as this item is for public input only. City Manager Steve Schainker
stated staff is not asking the Council to take any action on this item as this is an opportunity for the
public to respond and provide any input. It was noted that the public can still provide comments at
any time until February 9, 2021.
Mayor Haila opened public comment. It was closed when no one came forward.
City Manager Schainker mentioned that if anyone had any comments, they could send them to any
Council Member, the City Manager’s Office, or the Director of Finance.
HEARING ON 2019-20 CONSOLIDATED ANNUAL PERFORMANCE AND
EVALUATION REPORT (CAPER): Housing Coordinator Vanessa Baker-Latimer stated that 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, due to COVID-19, HUD changed the due
date to December 31, 2020. Additionally, staff requested and received an extension to submit the
Report on or by January 31, 2021. Ms. Baker-Latimer explained the Report covers the time period
for fiscal year July 1, 2019, through June 30, 2020. The major activity implemented in 2019-20 was
on the public infrastructure improvements at Baker Subdivision.
The Mayor opened the public hearing and closed it after there was no one wishing to speak.
Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 21-053 approving the
2019-20 Consolidated Annual Performance and Evaluation Report (CAPER).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON 3RD SUBSTANTIAL AMENDMENT TO THE 2019-20 ANNUAL ACTION
PLAN AND CITIZEN PARTICIPATION PLAN: Housing Coordinator Vanessa Baker-Latimer
stated that on September 11, 2020, the U.S. Department of Housing and Urban Development (HUD)
notified the City that it will receive a third special allocation round of Community Development
Block Grant (CDBG-CV) funds in the amount of $356,455 authorized by the CARES Act to again
be used to prevent, prepare for, and respond to COVID-19. She noted that the City was eligible for
three rounds of funding. Staff is in the process of finishing round one that was directly funded by
HUD. Round two is being administered through the State of Iowa. The third round will be funded
through HUD again. Staff is proposing to continue implementation of the Rent, Mortgage, and
Utilities Relief Assistance with the third round of CDBG CARES funding from HUD. To date,
round one funds have assisted approximately 104 households with almost all the funds spent, and
there is still a waiting list of applications to process. Due to the Rent, Mortgage, and Utilities Relief
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Assistance being funded during the 2019-20-year, HUD requires the City to Amend the Annual
Action Plan.
Council Member Betcher asked Ms. Baker-Latimer if the administration of the funds was easy or
if there were challenges. Ms. Baker-Latimer explained that there have been some challenges. One
of the challenging parts has been the duplication of benefits. Staff had to adjust the program as
initially HUD allowed them to help people for up to three months and then that was changed to six
months. She noted that they are seeing a different level of applications this time around for COVID,
and staff will need to look at changing some guidelines to accommodate those changes. Ms. Baker-
Latimer explained that the other challenge is that the moratorium was going to end December 31,
2020, and now that has been changed to January 31, 2021, which has caused a lot of people to start
panicking about the possibility of getting evicted. Staff is trying to work with landlords to cover the
gaps and that has also been challenging.
The Mayor opened the public hearing. There was no one wishing to speak, and the hearing was
closed.
Moved by Junck, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 21-054 approving the
3rd Substantial Amendment to the 2019-20 Annual Action Plan and Citizen Participation Plan.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON ENTERING INTO AN AMENDED SEWER REVENUE LOAN AND
DISBURSEMENT AGREEMENT AND TO BORROW MONEY THEREUNDER IN A
PRINCIPAL AMOUNT NOT TO EXCEED $6,075,000: Municipal Engineer Tracy Peterson
stated this item is to have a hearing to enter into a modified loan agreement. She noted the City had
used State Revolving Fund (SRF) funding for sanitary sewer projects. She explained that with the
rehabilitation, the City has the opportunity to get water quality funding with a grant application. The
SRF loan program allows for the interest scheduled to be paid on sewer loans to be granted back to
the loan originator (the City) to fund stormwater quality improvement projects. The City of Ames
is amending the existing loan agreement to allow interest due for the sewer SRF loan to be granted
back to the City to fund the City Hall Parking Lot Reconstruction as a sponsored project in the
amount of $375,000. Because this project has been completed and the City Council has approved
final acceptance, the $375,000 will serve as a reimbursement into the Stormwater Utility Fund.
The public hearing was opened by the Mayor. He closed the hearing after no one asked to speak.
Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 21-055 approving entering
into an Amended Sewer Revenue Loan and Disbursement Agreement.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
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HEARING TO AUTHORIZE THE POTENTIAL USE OF EMINENT DOMAIN
AUTHORITY, IF NECESSARY, TO OBTAIN EASEMENTS AND ACQUIRE LAND FOR
FLOOD MITIGATION - RIVER FLOODING PROJECT: Municipal Engineer Tracy Peterson
explained that they are continuing to meet with landowners in the flood mitigation area. There was
one landowner that asked for a copy of the plans and staff is working on getting that information to
the landowner. She pointed out that a few property owners have expressed their interest in the City
purchasing the property versus an easement and staff has started working with appraisers.
Mayor Haila wanted to clarify if the City will be obtaining easements instead of purchasing the
property. Ms. Peterson mentioned that there will be a combination, some will be easements,
acquisitions, or partial acquisitions. The hearing tonight is a federal requirement of FEMA due to
the project using FEMA funding.
The Mayor opened the public hearing.
Piper Wall, 912 Clark Avenue, Ames, stated she is the spouse of James Howe who owns Howe’s
Welding & Metal Fabrication business at 811 S. Duff Avenue. She mentioned this project goes back
to the 2016 plan referred to as full channel shaping. Ms. Wall explained they have an email from
Council Member Martin indicating that Ms. Peterson’s office would be doing outreach. She noted
that part of the outreach was the opportunity to address problems with the specific plans, and it is
now 2021 and there still have not been any specific plans. Ms. Wall noted that the City is talking
about the use of eminent domain and she is not in favor of it. She mentioned that it is her
understanding that the use of eminent domain is to be used for public good not as a way for the
government to be able to take private properties to benefit a set of businesses. Ms. Wall stated when
the plans do become available and if they are not convincing the property owners to sell then she
believes it is not right for the government to say they will short-cut the processes and take the
property from the property owners. Ms. Wall mentioned that she is not against anything the staff is
doing, but doesn’t see how they can move forward without any plans to view.
James Howe, 912 Clark Avenue, Ames, owner of Howe’s Welding & Metal Fabrication, stated he
had a couple of concerns. He is concerned that they keep building up the area since the 1993 flood,
but now the City wants to solve the problem by widening the area. He noted the City needs to quit
building in the floodplain if trying to mitigate flood problems. Mr. Howe mentioned the City has
added more fill since the 2010 flood than before. There have been hundreds upon hundreds of loads
of dirt being brought in. He explained that when his business was built, he had to meet the 100-year
flood so he built the building up so he did not affect his neighbors. He noted that anyone downstream
should be concerned as the water will be heading their way. Mr. Howe pointed out the Highway 30
bridge to be built in 2022 will be dumping onto Cambridge which is not fair to them. Mr. Howe
explained that when the bridge was being modified to make it wider to incorporate a bike path he
had asked if 2/3 could be dug out on the sandbars and he was told before that the DNR was against
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that and is not sure what has changed that is going to be allowed now.
Gary Schweiger, Cedar Rapids, owner of RL Enterprises LLC, that owns the property that is leased
to Red Lobster (1100 Buckeye Avenue) thanked Tracy Peterson and RDG as they have been very
responsive to his inquiries regarding the site plans. Mr. Schweiger mentioned that he understands
the reason for the mitigation project and doesn’t have any questions about that. He is concerned
about how he will be compensated for the loss of his property or part of the property. It was noted
that he will lose property to the equivalent of 16 parking spaces. Mr. Schweiger was also concerned
about the effect it would have on his tenant with disruption of the business while work is being done.
He noted that these are important concerns and hopes they get resolved.
Mayor Haila declared the public hearing to be closed.
Ms. Peterson stated that she met with Mr. Schweiger and appreciated that he traveled from Cedar
Rapids to review the site with staff. She noted that the northernmost 16 parking spaces and the
timing and loss of parking spaces will all be considered during the appraisals. A parking revision
layout was sent to Mr. Schweiger to have parking added to the south side of the business that would
replace 15 of the 16 parking spaces. The timing of the construction was discussed, and it was
mentioned that the new parking lot could be built before work on the creek began. Ms. Peterson
explained that there will be a massive retaining wall and that is why there will be loss of the 16
parking spaces. All of Mr. Schweiger’s concerns will be addressed during the appraiser’s evaluation.
Ms. Peterson mentioned in regard to Ms. Wall’s concern about the plans not being completed yet.
Staff is close to having them completed, and they are currently working on fine tuning the hydraulic
model, the retaining wall, and grading. It is anticipated that the plans will be available in the next few
weeks. She noted that staff had provided grading plans and also showed the impacts the project will
have to all the landowners. Ms. Peterson stated that Ms. Wall has more knowledge of the project and
requested the entire set of plans. Staff’s intent is for voluntary settlement and once an offer is given,
staff is not allowed to contact the homeowners for ten days. Ms. Peterson mentioned that staff had
met with Mr. Howe and his parents (the parents are the landowners). Mr. Howe’s property is one
where the staff asked the property owner if they preferred a permanent easement or land acquisition.
It was noted that the landowner preferred land acquisition. Ms. Peterson was unable to answer Mr.
Howe’s question about the bridge. The downstream effects to Cambridge was discussed previously
and staff will continue working through the Capital Improvement Program to reduce the flows.
Council Member Gartin mentioned that he had pulled up the Google map satellite image and it was
helpful as the diagram that was in the Staff Report mentioned Hyland Heights Apartments and he
didn’t remember any apartments being there, but now understands that the apartments are no longer
there and it is now a parking lot. He mentioned that the portion of the property from the Howes may
not involve any of the land. He wanted to know if a line was going to be drawn in a way that would
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impact the functionality of Howes welding. Ms. Peterson stated that the surveyor had gone out to put
stakes in the land and it was her understanding that anything in the area would be movable and
would not impact the drive or the circulation around the property. It was mentioned that Mr. Howe
had asked for some planting/screens to be placed as part of the project to screen the Red Lobster
view, which was agreed to. There was some discussion about access to his property during
construction and long-term impacts. Council Member Gartin stated that Ms. Wall asked about
eminent domain and wanted the City Attorney’s opinion about eminent domain. Attorney Lambert
explained that the legal basis for eminent domain is the government has the right to acquire property,
to take property, and pay for the property for public purpose and this project is very much for public
purpose.
Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 21-048 authorizing the use
of eminent domain authority, if necessary.
Roll Call Vote: 5-1. Voting Aye: Beatty-Hansen, Corrieri, Gartin, Junck, Martin. Voting Nay:
Betcher. Resolution declared adopted, signed by the Mayor, and hereby made a portion of these
Minutes.
Council Member Gartin inquired where Ms. Peterson was finding 15 parking spots south of Red
Lobster as it currently looks as it is a parking lot. Ms. Peterson mentioned staff had turned the lot
around where the parking would be east/west opposed to north/south. It was a creative solution from
the design consultant.
ORDINANCE ESTABLISHING A NEW INDUSTRIAL ZONING DISTRICT TO BE
KNOWN AS THE INTENSIVE INDUSTRIAL ZONE IN CHAPTER 29, ARTICLE 9, OF
THE AMES MUNICIPAL CODE: Moved by Beatty-Hansen, seconded by Corrieri, to adopt
ORDINANCE NO. 4430 establishing a new industrial zoning district to be known as the Intensive
Industrial zone in Chapter 29, Article 9, of the Ames Municipal Code.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila mentioned that there
were four items to discuss. The first item was a memo from Corey Mellies, Fleet and Facilities
Director giving information and a response about having an Auditorium marquee. Council Member
Martin stated he likes the idea of having a sign of some kind advertising the activities that are going
on in the Auditorium and would be a benefit to the City. Mr. Martin explained that it was not
important to him to have a marquee style sign, but wanted to know how to proceed with coming up
with a design that would serve the communication needs. City Manager Steve Schainker
recommended waiting to discuss this project during budget hearings the first week of February.
The second item was an email from Keith Arneson requesting a plaza to be in Campustown. Council
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Member Betcher asked if the City is currently monitoring the properties in Campustown and what
is happening in the area. Mr. Schainker wanted to know if there was a particular property Ms.
Betcher was referring to. Ms. Betcher noted that she believed that Kum & Go is potentially selling.
Mr. Schainker stated that staff is always aware of what is going on in the City. Ms. Betcher
commented that she doesn’t think anything needs to be done and to just thank Mr. Arneson for
sending the email. The Mayor stated he will send an email back to Mr. Arneson acknowledging his
email.
The Mayor mentioned the third item was an email from Luke Jensen, RES Group, Inc., requesting
to add housing on 6th Street north of City Hall. City Manager Schainker recommended having the
Mayor write a letter to Mr. Jensen letting him know that the City’s plans on using the property as an
additional parking lot. Council Member Gartin stated he liked the concepts of housing at the time
it was made, but with the Plaza concept he felt the Council should leave the area as parking.
Moved by Betcher, seconded by Gartin, to have the Mayor send a letter to Luke Jensen expressing
Council’s desire to use the property as parking.
Vote on Motion: 6-0. Motion declared carried unanimously.
The last item was a letter from Homer Gartz giving input on vacant lots on Lincoln Way and Kellogg
and Lincoln Way across from Finley Hall. The Mayor mentioned that he would respond back to Mr.
Gartz and give him an update as to what is happening in those areas.
COUNCIL COMMENTS: Council Member Martin stated regarding the Aquatic Center he is happy
with the way it turned out. He was happy to see the enthusiasm for the two-story building, but was
hoping to spend a little more effort to get that decision. Mr. Martin noted it is good to aim for the
things you want and hopes the finances will work out.
Council Member Betcher agreed with Council Member Martin and the Oak/Riverside neighborhood
seems to be enthusiastic and that is a good thing. She wanted to acknowledge the sad loss of a
sorority sister and wanted to send condolences and sympathy to the family, the Greek community,
and friends of the young lady.
Council Member Gartin voiced his appreciation to all the snow crews for working hard and having
the arterial streets open for the morning commute.
Council Member Corrieri wanted to give a shout out to the Ames School Board Leadership and
Teachers as they have had to deal with a lot of challenges the last several months and they have dealt
with the situation with a lot of thoughtfulness. She commended them for all their hard work over the
last year.
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CLOSED SESSION: Council Member Gartin asked City Attorney Mark Lambert if there was a
legal reason to go into Closed Session. Mr. Lambert replied in the affirmative, citing Section
21.5(1)c, Code of Iowa, to discuss matters presently in or threatened to be in litigation.
Moved by Gartin, seconded by Corrieri, to go into Closed Session under Section 21.5(1)c, Code of
Iowa, to discuss matters presently in or threatened to be in litigation.
Roll Call Vote: 6-0. Motion declared carried unanimously.
The Council entered Closed Session at 9:10 p.m. and reconvened in Regular Session at 10:01 p.m.
Moved by Corrieri, seconded by Betcher, to ask staff to proceed with the action that was discussed
during Closed Session.
Vote on Motion: 5-1. Voting Aye: Beatty-Hansen, Betcher, Corrieri, Junck, Martin. Voting Nay:
Gartin. Motion declared carried.
ADJOURNMENT: Moved by Corrieri adjourn the meeting at 10:03 p.m.
______________________________________________________________________
Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor
__________________________________
Diane R. Voss, City Clerk
23
MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JANUARY 29, 2021
Mayor John Haila called the Special Meeting of the Ames City Council, which was being held
electronically, to order at 2:00 p.m. with the following Council members participating: Bronwyn
Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and David Martin. Ex
officio Member Nicole Whitlock was absent. Mayor Haila stated that it was impractical to hold an
in-person Council meeting due to the Governor of Iowa declaring a public health emergency because
of the COVID-19 pandemic. Therefore, limits have been placed on public gatherings, and this
meeting was being held as an electronic meeting as allowed by Section 21.8 of the Iowa Code. The
Mayor then provided how the public could participate in the meeting via internet or by phone.
FY 2021/22 BUDGET OVERVIEW: City Manager Steve Schainker commented that staff began
working on the budget for 2021/22 back in August. He noted that this year was especially difficult
due to challenges brought on by the COVID-19 virus. Fortunately, City employees have supported
a strategy that included some extraordinary efforts to avert a financial crisis in the City organization
during the last three months of FY 2019/20 and the first seven months of FY 2020/21. Specifically,
those actions included delaying the filling of vacant full-time positions, canceling training,
conferences, and associated travel for all employees; eliminating the hiring of seasonal or part-time
employees and assigning permanent staff members to assume extra duties, and not spending funds
on various previously approved one-time capital items. On the revenue side, the City was fortunate
that the federal government provided CARES funding to reduce the COVID-19-related financial
strain on Transit, Police, and Fire services.
Mr. Schainker stated that City staff is well aware of the negative impact that the virus has had on
the financial and emotional well-being of Ames cities. He noted that City staff has worked
diligently to mitigate increases in utility fees as well as the property tax burden on Ames residents
in FY 2021/22. City Manager Schainker explained that the FY 2021/22 budget calls for an
additional $590,011 from the previous year, or a 1.85% increase, to support the various services
funded by the General Fund. This additional revenue requirement will be financed with a tax rate
decrease of 2.69% from $10.15/$1,000 of taxable value to $9.87/$1,000 of taxable valuation for the
City portion of the overall property tax bill, which is approximately 33% of the total tax bill.
City Manager Schainker advised that the only rate increase will be to the Water Utility; a 6%
increase in the user rate has been incorporated into the 2021/22 Budget, which is 2% less than what
was predicted last year. That rate increase is needed to fund the projected operating and capital
improvement expenditures, increase the available balance in the Water Fund to the target level, and
increase the debt ratio in the fund to qualify for the State’s low-interest revolving fund.
According to Mr. Schainker, because of the unusual steps taken to hold the line on expenses during
the last two fiscal years of the pandemic and the receipt of federal CARES funding, it is expected
that approximately $5,000,000 will be added to the General Fund balance from FY 2019/20 and FY
2020/21. He is proposing that the one-time savings be used for one-time expenditures. A list of one-
time expenditures for FY 2020/21 has been developed, which includes funding for an Arts Grant
Program, dredging of the Ada Hayden Wetlands, new bike path signage, Downtown transformer
painting, additional/replacement parking for the Downtown Plaza, Library entryway improvements,
Auditorium stage lighting, replenishment of the Park Development and Parking Funds, supplemental
funding for the new splash pad, and a new outdoor recreation obstacle course. According to Mr.
Schainker, many of those projects were identified from recent citizen input into the budget process.
Finance Director Duane Pitcher pointed out that today’s presentation will only cover Ames portion
of property taxes. The portion of the property tax levy going to the City of Ames (32.23%) is
approximately one-third of the property owner’s total tax bill. Ames School District receives
45.55%; Story County, 20.21%, and DMACC, 2.02%.
Mr. Pitcher provided the following highlights for the overall budget:
1. Property tax rate is down $0.27 from FY 2020/21
2. Taxable and assessed value is up for all major property classes
3. Modest increase in total tax dollars; most property taxpayers will see a reduction or less than
1% increase in City tax bills
4. Balanced General Fund budget for operations and capital
5. Forecasting 4% growth in Local Option Sales Tax revenue
6. Utility rate increases for water; per capita revenue for Resource Recovery due to new Census
estimates (no change in rate)
The tax levy breakdown was explained. The total tax levy per $1,000 taxable valuation will equate
to $9.87 for FY 2021/22. The local option tax impact on the levy was explained. Taxable valuation
from 2020/21 to 2021/22 increased to 4.7%. An analysis of changes in taxable value was given.
Finance Director Pitcher explained the Debt Service Allocation. For FY 2021/22, the Debt Service
Levy will be 2.99735/$1,000 valuation. The Police and Fire Fund balance usage was briefly
described. It was reiterated by Mr. Pitcher that taxable valuations increased for all property types
in FY 2021/22.
Director Pitcher reviewed the cost of City services for 2021/22 per residence from property taxes
(based on a $100,000 home), as follows:
Streets/Traffic $ 150
Police Protection 134
Fire Protection 88
Library (includes Debt Service for renovated library) 68
Recreation and Parks 34
General Support Services 29
Transit 27
Planning Services 9
Resource Recovery 6
Animal Control 6
Facilities/Cemetery 3
2
Storm Water Management 2
Building Safety 1
TOTAL $ 557/$100,000
Projected Utility Rate Summary. Mr. Pitcher reviewed the projected utility rates, as follows:
Electric Utility: No rate increase.
Water Utility: 6.0% rate increase for FY 2021/22, followed by a 2.0%, 9.0%, 2.0%, and 9% in
FY 2022/23, 2023/24, 2024/25, and 2025/25, respectively.
Sewer Utility: No increase for FY 2021/22; 5% in 2022/23 and 8% in FY 2024/25.
Storm Sewer Utility: 5.0% in FY 2022/23.
Resource Recovery: For FY 2021/22, it is anticipated that application of the 2020 Census will
increase per capita revenue. The Tipping Fee will increase from $58.75 to $62.50 in FY
2022/23.
Mr. Pitcher reviewed the Utility Bill Rate samples.
Specifically highlighted were proposed rental rates for Parks and Recreation facilities, as follows:
Homewood Clubhouse, City Auditorium, and Durham Bandshell. It was noted that there will be
specific program fee increases for various activities.
Finance Director Pitcher noted that he had included information on the impacts of tax abatement on
the property tax rate.
Regarding the Ames Intermodal Facility, City Manager Schainker explained that the Facility is
owned by the City, but through a contract, is managed by the Parking Division of Iowa State
University. The proposed operating budget for the Facility for FY 2021/22 had been previously
provided to the Mayor and City Council. In summary, the proposed budget projects revenue to
exceed expenditures by $28,630 for the coming fiscal year; therefore, the City will not have to
budget any financial support for the Intermodal at this time. In addition, the contract also stipulates
that any excess revenues in a fiscal year be deposited in a reserve account for future capital
improvements; that account is estimated to total $225,067 by the end of FY 2021/22.
Fund Summaries. Budget Officer Nancy Masteller outlined the Fund Sheets for the following:
General Fund; Special Revenue Funds, including Local Option Sales Tax, Hotel/Motel Tax, Road
Use Tax, Public Safety Special Revenues, City-Wide Housing Programs, Community Development
Block Grant, HOME Program, CDBG/COVID-19 CARES Act, IEDA/COVID-19 CARES Act,
Employee Benefit Property Tax, Fire/Police Pension, Parks and Recreation Donations and Grants,
FEMA/COVID-19, FEMA/Derecho 2020, Library Direct State Aid, Library Friends Foundation,
Library Donations and Grants, Library Future Needs, Utility Assistance, Miscellaneous Donations,
3
Developer Projects, and Tax Increment Financing.
Ms. Masteller briefly reviewed Capital Project Funds, as follows: Special Assessments, Street
Construction, Airport Construction, Park Development, the Winakor Donation, Council Priorities
Capital Fund, and Bond Proceeds. Two permanent funds were reviewed: Cemetery Perpetual Care
and the Donald and Ruth Furman Aquatic Center Trust. She also explained the Enterprise Funds for
the Water Utility, Water Construction, Water Sinking, Sewer Utility, Sewer Improvements, Sewer
Sinking, Electric Utility, Electric Sinking, Sunsmart Community Solar, and Parking Operations. The
Parking Capital Reserve fund was briefly reviewed. It is used to fund future Parking capital projects.
Budget Analyst Masteller continued with brief explanations of additional Enterprise funds, as
follows: Transit Operations, Transit Student Government Trust, Transit Capital Reserve, Stormwater
Utility, Stormwater Improvements, Ames/ISU Ice Arena, Ice Arena Capital Reserve, Homewood
Golf Course, and Resource Recovery. The Debt Service fund was described. The available fund
balance from this account is used to reduce future debt service.
The presentation concluded with summaries being given of Internal Services funds, including Fleet
Services, Fleet Reserve, Information Technology, Technology Reserve, the Shared Communication
System, Risk Management, and Health Insurance.
City Manager Schainker brought the Council’s attention to Page 18 of the Overview information:
“Summary of Change in Tax Asking for 2021/22. Ms. Masteller explained how the total change in
tax asking was calculated.
Mr. Schainker next brought the Council’s attention to Page 20 of the Overview information: “Use
of 2020/21 General Fund Balance.” He noted that the amount of the one-time savings realized in the
amount of $4,592,642 is the result of additional federal COVID funding, as well as General fund
savings generated through open positions, the cancellation of conferences and training, and the
delaying of projects. City Manager Schainker advised that he is recommending using the one-time
savings for one-time projects, as follows:
Police DEI Training $ 40,000
Police Speed Trailer 8,500
Fire Station Vehicle Exhaust System 20,000
Bike Trail System Signage 250,000
Park Maintenance Leaf Vacuum Upgrade 25,000
Dog Park Access Control 15,000
Spray Pad Additional Funding 200,000
Outdoor Exercise Equipment 200,000
Auditorium LED Stage Lights 35,000
Ada Hayden Wetlands Clean-Up 175,000
Library Main Entryway Improvements 63,600
Downtown Transformer Painting 10,000
Arts Capital Grant Program 200,000
Additional City Hall Parking 700,000
4
City Hall Building Improvements $ 450,000
Transfer to Restore Park Development 600,000
Transfer to Council Priorities Capital Fund 1,000,000
Transfer to Balance Parking Operations 600,542
Total Use of Fund Balance: $4,592,642
City Manager Schainker informed the City Council members that they did not need to make any
decisions as to the one-time projects at this meeting. He wanted to apprise them of the General Fund
Balance and his recommendation for using a portion of it for one-time projects.
Council Member Betcher recalled that the source of funding for the City Council diversity training
on inclusion had not been established.
City Manager Schainker noted that information regarding the proposed allocations for COTA,
ASSET, and Outside Funding requests had been provided to the Mayor and Council. The decisions
on the allocations will be finalized at the Budget Wrap-Up meeting to be held on February 9.
DISPOSITION OF COMMUNICATIONS: No referrals were made.
COUNCIL COMMENTS: Council Member Betcher noted that not all communities are in the
position that the City of Ames is regarding its budget. She credited and thanked all City staff for
working hard to get the City in that position.
Mayor Haila advised that during the Story County Emergency Management meeting on Thursday,
January 28, personnel from McFarland Clinic presented information on its COVID vaccination plan.
Mr. Haila found it very impressive and informative. The plan is to start with the oldest residents in
Story County and work its way down to those who are 65 years of age. First Responders will be
included in that list as well. McFarland will be calling each individual to schedule the vaccination.
The Mayor indicated that the information is available on McFarland’s website.
ADJOURNMENT: Moved by Betcher to adjourn the meeting at 4:51 p.m.
________________________________________ ____________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
5
REPORT OF
CONTRACT CHANGE ORDERS
General Description Change Original Contract Total of Prior Amount this Change Contact
Public Works Teagarden Area Drainage
Improvements
Period:
Item No. 3
MINUTES OF THE REGULAR MEETING OF THE
AMES CIVIL SERVICE COMMISSION
AMES, IOWA JANUARY 28, 2021
The Regular Meeting of the Ames Civil Service Commission was called to order by Chairman Mike
Crum at 8:15 a.m. on January 28, 2021. As it was impractical for the Commission members to attend
in person, Commission Chairman Mike Crum and Commission Member Kim Linduska were brought
in telephonically. Commission Member Harold Pike was absent.
APPROVAL OF MINUTES OF DECEMBER 17, 2020: Moved by Linduska, seconded by Crum,
to approve the Minutes of the December 17, 2020, Regular Civil Service Commission meeting.
Vote on Motion: 2-0. 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:
Utility Customer Service Clerk Rhonda Crim 78
Hope Deets 75
Andrew Pries 74
Vote on Motion: 2-0. Motion declared carried unanimously.
COMMENTS: Human Resources Director Bethany Jorgenson reminded the Commission that the
recruitment for Electric Services Maintenance Superintendent had resulted in two candidates being
certified by the Civil Service Commission at its meeting held November 19, 2020. Both candidates
declined the City’s job offer; and thus, Human Resources needs to re-run the recruitment. According
to Section 4.5 of the Civil Service Commission Policies and Procedures that became effective July
1, 2019, the Commission may remove candidates from a Certified List for the following reasons:
1. The candidate has requested that his or her name be removed.
2. The candidate stops communicating with the City or refuses an offer of employment.
3. The candidate requests not to be considered.
According to Ms. Jorgenson, prior to July 1, 2019, no formal action was taken by the Commission
to remove candidates from a Certified List; it was handled administratively by staff.
The Commission members were asked by Ms. Jorgenson how comfortable they were with Human
Resources beginning a new recruitment for the Electric Services Maintenance Superintendent prior
to it formally removing the two candidates from the Certified List. Chairman Crum advised that
since there were only two people on the Certified List and both had declined the City’s offer, he
would be comfortable with Human Resources beginning a new recruitment prior the Commission
formally removing the names of those two candidates from the Certified List. Commission Member
Linduska voiced her agreement with Mr. Crum’s comments. Director Jorgenson noted that a letter
requesting formal approval by the Commission to remove the names of the two candidates for
Electric Services Maintenance Superintendent from the Certified List would be placed on the
Commission’s next regularly scheduled meeting Agenda.
The next Regular Meeting of the Ames Civil Service Commission is scheduled for February 25,
2021, at 8:15 a.m.
ADJOURNMENT: The meeting adjourned at 8:21 a.m.
__________________________________ _______________________________________
Michael R. Crum, Chairman Diane R. Voss, City Clerk
Item No. 4
Item No. 5
Smart Choice
515.239.5133 non-emergency
Administration
fax
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Heath Ropp, Ames Police Department
Date: January 25th, 2021
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for February 9th, 2021 includes beer permits and liquor license
renewals for:
• Wal-Mart Supercenter #4256 (534 South Duff Ave) – Class E Liquor License with Class
B Wine Permit, Class C Beer Permit (carryout) & Sunday Sales
• Buffalo Wild Wings (400 South Duff Ave) – Class C Liquor License with Outdoor Service
& Sunday Sales
• goPuff (615 South Dayton Ave) Class E Liquor License with Class B Wine Permit, Class C
Beer Permit (carryout) & Sunday Sales
A review of police records for the past 12 months found no liquor law violations for any
of the above locations. The Ames Police Department recommends renewal of licenses
for all the above businesses.
Caring People Quality Programs Exceptional Service
515.239.5105 main
5142 fax
Ave.
MEMO
TO: Members of the City Council
FROM: John A. Haila, Mayor
DATE: February 9, 2021
SUBJECT: Council Appointment to the Ames Convention and Visitors
Bureau (ACVB) Board of Directors
Gloria Betcher’s term of office on the ACVB Board of Directors expired on
December 31, 2020. Therefore, it will be necessary to appoint a Council Member
to fill this position.
I recommend that the City Council reappoint Gloria Betcher to the Ames
Convention and Visitors Bureau Board of Directors with her term effective as of
January 1, 2021.
JAH/alc
Item No. 7
Caring People Quality Programs Exceptional Service
515.239.5105 main
5142 fax
Ave.
MEMO
TO: Members of the City Council
FROM: John A. Haila, Mayor
DATE: February 9, 2021
SUBJECT: Council Appointment to Squaw Creek Watershed Management
Authority
Amber Corrieri’s term of office on the Squaw Creek Watershed Management
Authority expired on December 31, 2020. Therefore, it will be necessary to
appoint a Council Member to fill this position.
I recommend that the City Council reappoint Amber Corrieri to the Squaw Creek
Watershed Management Authority with her term effective as of January 1, 2021.
JAH/alc
Item No. 8
ITEM # ________9________
DATE February 9, 2021
COUNCIL ACTION FORM
SUBJECT: ENCROACHMENT PERMIT FOR SIGN ON BUILDING AT 109 WELCH
AVENUE
BACKGROUND:
Mickey’s Irish Pub is seeking approval for a sign attached to the building that is 33” wide x
59” tall, internally lit.
Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment
Permit Agreement by the Ames City Council before the Permit can be issued. By signing
the Agreement, the applicant and owner agree to hold harmless the City of Ames
against any loss or liability as a result of the encroachment, to submit a certificate of
liability insurance that protects the City in case of an accident, and to pay the fee for
the Encroachment Permit. The applicant and owner also understand that this approval
may be revoked at any time by the City Council. The fee for this permit was calculated
at $25, and the full amount has been received by the City Clerk’s Office along with the
certificate of liability insurance.
ALTERNATIVES:
1. Approve the request.
2. Deny the request.
MANAGER’S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alternative No. 1,
thereby granting the Encroachment Permit for the sign.
COUNCIL ACTION:
ITEM#: 10
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: 2020 RESOURCE RECOVERY ANNUAL REPORT
BACKGROUND:
This previous year proved to be very challenging with the effects of COVID-19 and major
improvements with our partners at the Ames Power Plant. However, through these
challenges, the Resource Recovery System (RRS) continues to be very effective at waste
management and landfill diversion. With 50,061 tons of municipal solid waste (MSW)
generated within the partner communities and agencies during 2020, approximately
40,162 tons were received at the plant and processed to create 23,486 tons of Refuse
Derived Fuel (RDF). An estimated 1,419 tons of metal and 246 tons of glass were
recovered for recycling. Additional items diverted from the landfill included over 13.2 tons
of Household Hazardous Materials, 13.9 tons of organics and 8.5 tons of pumpkins from
the Great Pumpkin Disposal Program. Unfortunately, due to the pandemic, we were not
able to hold the annual Rummage RAMPage, however plans are in the works for 2021.
Following conversion from coal to natural gas at the Power Plant, the boilers began to
experience significant on-going maintenance issues and downtime. Major improvements
to the Power Plant Boiler #7 were completed early in 2020. This will greatly enhance the
reliability and consistent operation of the unit; however, federal requirements dictate the
amount of RDF that can be fired. This, along with maintenance activities have led to a
temporary increase in the amount of rejects being processed and hauled. Revenues from
all sources totaled $4,265,167 and total expenses were $4,120,399. This resulted in a net
increase of $144,768 to the Resource Recovery fund for 2020.
Similar upgrades to Unit #8 will begin in Spring 2021, with an estimated completion of Fall
2021. This will enhance the capacity of co-firing RDF and allow increased efficiency of
the Resource Recovery plant. This will also provide redundancy and resilience for the
hauler and other customers.
Based on long-term projections, the per capita fees for member communities will
remain at $10.50; car line rates will remain at $10 for cars/passenger vans and $25
for pickups/trailers. The tipping fee will remain at $58.75/ton for 2021, but it is
anticipated to increase to $62.50/ton beginning July 2022.
ALTERNATIVES:
1. Accept the attached 2020 Resource Recovery Annual Report and authorize staff
to distribute the report to member agencies.
2. Request further information from staff.
CITY MANAGER’S RECOMMENDED ACTION:
Completing major improvements at the Power Plant this year will increase the efficiency
and capacity of producing RDF. The redundancy achieved by completing major
improvements in both Power Plant boilers will provide enhanced and consistent service
for the haulers and other customers. City Council acceptance of this report will allow staff
to bill our participating partners for their respective per capita fees for the Resource
Recovery System.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No.1, as noted above.
ANNUAL REPORT 2020
ARNOLD O. CHANTLAND— RESOURCE RECOVERY SYSTEM
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
Thank You to our partners in Sustainability!
Nevada, Story City, Huxley, Slater, Roland, Gilbert, Maxwell,
Cambridge, Zearing, McCallsburg, Kelley, Story County,
Iowa State University
Table of Contents
Letter from the Director of Public Works
Service Objectives and Highlights
Materials, Revenues & Expenses
Resource Recovery System Fiscal Report
Resource Recovery System Annual Billing
Population- Percentages-Charges
Resource Recovery Plant Volumes
Resource Recovery System Fee Schedule
February 10, 2021
Dear Resource Recovery System Members:
This previous year proved to be very challenging with the effects of COVID-19 and major improvements
with our partners at the Ames Power Plant. However, through these challenges, the Resource Recovery
System (RRS) continues to be very effective at waste management and landfill diversion. With 50,061
tons of municipal solid waste (MSW) generated within the partner communities and agencies during 2020,
approximately 40,162 tons were received at the plant and processed to create 23,486 tons of Refuse De-
rived Fuel (RDF). An estimated 1,419 tons of metal and 246 tons of glass were recovered for recycling.
Additional items diverted from the landfill included over 13 tons of Household Hazardous Materials, 14
tons of organics and 8.5 tons of pumpkins from the Great Pumpkin Disposal Program. Unfortunately, due
to the pandemic, we were not able to hold the annual Rummage RAMPage, however plans are in the
works for 2021.
Following conversion from coal to natural gas at the Power Plant, the boilers began to experience signifi-
cant on-going maintenance issues and downtime. Major improvements to the Power Plant Boiler #7 were
completed early in 2020. This will greatly enhance the reliability and consistent operation of the unit; how-
ever, federal requirements dictate the amount of RDF that can be fired. This, along with maintenance ac-
tivities have led to a temporary increase in the amount of rejects being processed and hauled. Revenues
from all sources totaled $4,265,167 and total expenses were $4,120,399. This resulted in a net increase
of $144,768 to the Resource Recovery fund for 2020.
Similar upgrades to Unit #8 will begin in Spring 2021, with an estimated completion of Fall 2021. This will
enhance the capacity of co-firing RDF and allow increased efficiency of the Resource Recovery plant.
This will also provide redundancy and resilience for the hauler and other customers.
We are truly grateful to the member agencies for our long-standing partnership and their continuing com-
mitment to sustainability! Our continuing partners are Nevada, Story City, Huxley, Slater, Roland,
Gilbert, Maxwell, Cambridge, Zearing, McCallsburg, Kelley, Story County, and Iowa State
University. If you or any of your constituents have questions about this annual report or any of the
activities of the Resource Recovery System, please do not hesitate to contact me or Bill Schmitt
(515-239-5137).
Sincerely,
John C. Joiner, P.E.
Public Works Director
Public Works Department 515.239.5160 main 515 Clark Ave.
Administration 515.239.5404 fax Ames, IA 50010
www.CityofAmes.org
Service Highlights & Objectives
Email: rrp@cityofames.org Phone: 515.239.5137
Web: www.cityofames.org/resourcerecovery Address: 110 Center Ave
Ames, Iowa 50010
System Improvements Update
• Resource Recovery staff continues to work on recommendations from the consultant’s report
on landfill diversion. Some of the latest continuous improvements have included modifications
to the plant focused on recovering a higher percentage of RDF material and sending it to the
power plant. These modifications have been designed, fabricated, and installed by the employ-
ees of Resource Recovery. Modifications include an extension of the air knife deflection vane
to allow more precise control of the air flow separating the RDF, an automated cleaner installed
on the extension to allow programmed cleaning of the vane, extensive modifications were
made to the air density system and plant dust control system to allow for recovery of fine or
light fraction RDF. These continuous improvements allow us to maximize the recovery of RDF
and reduce the amount of material going to the landfill while continuing to send the highest
quality RDF to the power plant.
Program Updates
• Participation in the Food Waste Diversion program has increased dramatically with 13.9 tons
diverted from the landfill in 2020. The derecho contributed to this tonnage considerably with
residents bringing in spoiled food due to electric outages throughout Story County. The
derecho presented the opportunity to raise awareness and education of the FWD program as
an alternative for food waste.
• The Great Pumpkin Disposal Program netted 17,000 pounds destined for composting rather
than the landfill.
• Over 1,400 tons of metal was recycled from the waste stream rather than being landfilled. Ad-
ditionally, after six years of low pricing the metals market has noticed a partial recovery.
• The glass recycling program set a new record in 2020 with 246 tons recycled.
Resource Recovery System Public Education and Outreach
• Resource Recovery has worked to increase social media presence and engagement. The City
of Ames – Government and also the Ames Public Works social media pages offer a great way
to share plant and program information in a timely way. Additionally, these outlets have provid-
ed another opportunity to engage with residents.
• Early planning meetings have started for Rummage RAMPage 2021. The fifth annual event
will begin on Friday, July 30 and run through Saturday, August 7. The event is organized by
the City of Ames and Iowa State University and staffed with volunteers from the City, ISU, and
non- profit organizations. Proceeds from the sales are divided amongst the volunteer organiza-
tions. In four years, the event has diverted 340,839 pounds of furniture and household items
from the landfill. Rummage RAMPage would not be possible without the donations from the cit-
izens, the buyers, and the fantastic volunteers
• Sustainapalooza at Iowa State in the Memorial Union offers a great way to network with other
sustainability leaders from campus and the Ames community; Resource Recovery featured the
Food Waste Diversion program at the 2020 event.
• Educational Outreach pre-pandemic: 293 visitors at 14 events, Science Nights were well at-
tended at Meeker and Fellows elementary schools, 2 Eco Chats at the library , and a new vid-
eo is being created for use with young virtual audiences
Service Highlights & Objectives
Pictured Left to Right:
Old conveyor removed by
crane and the new conveyor
prepped for install
New C5 Conveyor
Pictured: Crane placing the
door for the secondary mill
Pictured Left to Right:
C2 Conveyor Belt
C5 Vibratory
Replacement
Service Highlights & Objectives
Pictured Left to Right:
Shredder with door
removed
New shredder door
Pictured: Transformer testing
and maintenance
Pictured: Secondary Motor
Rebuild Pictured: Covid 19 Precautions
at the plant
Service Highlights & Objectives
Pictured: Rummage RAMPage in
2019
Pictured: Science Nights at Ames
Elementary Schools
Pictured: Food Waste Diversion Program
Pictured: The Great Pumpkin Disposal pumpkins
transferred for composting
Pictured: Sustainapalooza at Iowa State in the
Memorial Union
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CITY OF AMES, IOWA
RESOURCE RECOVERY SYSTEM
FISCAL REPORT
2017/18 2018/19 2019/20 2020/21 2021/22
Service Accomplishments: Actual Actual Actual Adjusted Projected
Tons of refuse available 51,364 53,775 51,749 52,000 52000
Tons of refuse diverted to Boone landfill 14,131 20,285 17,970 15,000 11000
Tons of refuse processed 37,124 33,173 33,511 36,750 40,735
Tons of RDF to Electric Utility 17,048 15,439 17,217 26,500 28000
Tons of glass recycled 132 173 215 250 265
Tons of metal recycled 1,353 1,119 1,056 1,500 1600
Pounds of HHM* collected 25,070 29,846 26,420 27,000 27500
ISU tons into plant 3,019 2,724 2,156 2,350 2350
Pounds diverted from landfill to Rum-
mage RRAMPage 102,550 116,424 0 118,000 120000
Average # of vehicles/free yard waste 645 663 638 660 660
Efficiency and Effectiveness:
% of available materials processed 72% 64% 67% 65% 70
Reject disposal rate/ton (Boone County) $46.50 $48.00 $52.00 $52.00 $52.00
% of processed materials that are sent
to the landfill as rejects 45% 50% 45% 46% 35%
Reject transportation rate/ton $13.52 $13.66 $14.14 $14.63 $15.14
Average cost/user free yard waste day $7.45 $6.54 $7.24 $7.05 $7.00
* Household Hazardous Materials
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
CITY OF AMES, IOWA
RESOURCE RECOVERY SYSTEM
ANNUAL BILLING
Participating Communities
For Calendar Year 2020
REVENUES:
Per Capita 827,557.50
Refuse Derived Fuel-Electric 804,488.00
Sale of Metals 172,002.21
Public Fees 60,402.24
Regular Customers 2,187,967.10
Reimbursements and Refunds 1,693.07
Other Governmental Agencies 6,626.69
FWD 896.00
ScrapTires 2,914.00
I.S.U. Solid Waste Share 196,474.49
Interest Revenue 4,079.98
Sale of Glass 65.94
Damage Claims -
$4,265,167.22
EXPENSES:
Operations 3,958,611.94
Debt Service 161,787.50
4,120,399.44
Net Income/
Expense $144,767.78
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
CITY OF AMES, IOWA
RESOURCE RECOVERY SYSTEM
POPULATION - PERCENTAGES - CHARGES
Annual Billing - Calendar 2017 at $9.10
Annual Billing - Calendar 2019 at $10.50
Population Percent Calendar Year 2020
Ames 49,765 63.14% $522,533
Story County 8,706 11.05% $91,413
Nevada 6,798 8.63% $71,379
Story City 3,431 4.35% $36,026
Huxley 3,317 4.21% $34,829
Slater 1,489 1.89% $15,635
Roland 1,284 1.63% $13,482
Gilbert 1,082 1.37% $11,361
Maxwell 920 1.17% $9,660
Cambridge 827 1.05% $8,684
Zearing 554 0.70% $5,817
McCallsburg 333 0.42% $3,497
Kelley 309 0.39% $3,245
TOTALS 78,815 100.00% $827,558
Based on 2010 U.S. Census
Ames is 58,965 minus I.S.U. 9,200
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
CITY OF AMES, IOWA
RESOURCE RECOVERY PLANT VOLUMES
12/31/2020
Generator 2020 TRIPS
2020
WEIGHT
PERCENT OF
TOTAL WEIGHT
Non-Scale Refuse (Car
line) 4,313 874 1.7%
Commercial Haulers 7,559 36,768 73.4%
Private Industry/
Contractors 496 423 0.8%
City of Ames 34 36 0.1%
Iowa State University 562 2,258 4.5%
Iowa Dept. of Transporta-
tion 4 2 0.0%
U.S.D.A. Lab 50 78 0.2%
Directly to Boone 1,743 9,622 19.2%
TOTALS 14,761 50,061 100.0%
Email: rrp@cityofames.org
Web: www.cityofames.org/resourcerecovery
Phone: 515.239.5137
Address: 110 Center Ave
Ames, Iowa 50010
CITY OF AMES, IOWA
RESOURCE RECOVERY SYSTEM
FEE SCHEDULE
CARLINE
YEAR PER CAPITA TIPPING FEE CARS PICKUPS
2002/03 $11.75 $52.75/TON $8.00 $22.00
2003/04 $10.50 $52.75/TON $8.00 $22.00
2004/05 $10.50 $52.75/TON $8.00 $22.00
2005/06 $10.50 $52.75/TON $8.00 $22.00
2006/07 $10.50 $52.75/TON $8.00 $22.00
2007/08 $10.50 $52.75/TON $8.00 $22.00
2008/09 $10.50 $52.75/TON $8.00 $22.00
2009/10 $10.50 $52.75/TON $8.00 $22.00
2010/11 $10.50 $52.75/TON $8.00 $22.00
2011/12 $9.10 $52.75/TON $8.00 $22.00
2012/13 $9.10 $52.75/TON $8.00 $22.00
2013/14 $9.10 $52.75/TON $8.00 $22.00
2014/15 $9.10 $52.75/TON $8.00 $22.00
2015/16 $9.10 $52.75/TON $8.00 $22.00
2016/17 $9.10 $52.75/TON $8.00 $22.00
2017/18 $9.10 / $10.50 $55.00/TON $10.00 $25.00
2018/19 $10.50 $55.00/TON $10.00 $25.00
2019/20 $10.50 $58.75/TON $10.00 $25.00
Proposed 2020/21 $10.50 $58.75/TON $10.00 $25.00
1
ITEM # 11____
DATE: 02/09/21
COUNCIL ACTION FORM
SUBJECT: SMALL CELL WIRELESS POLE ATTACHMENT AGREEMENT WITH
USCOC OF GREATER IOWA, LLC d/b/a US CELLULAR
BACKGROUND:
USCOC of Greater Iowa, LLC d/b/a US Cellular Corporation (US Cellular), is a wireless
carrier that is requesting to install, maintain, and operate wireless communications
equipment on City utility poles. The equipment is known as “small cells.” Siting of small
cell wireless facilities on utility poles within public rights of way is regulated by a
recently enacted Iowa State law (now incorporated into Chapter 8C of the Iowa Cell
Siting Act) which gives wireless carriers certain privileges to site small cell
wireless within city rights of way and on city structures.
The City’s Electric utility maintains several thousand distribution and transmission poles.
Other utilities and telecommunications providers routinely attach their cabling to these
City-owned poles to deploy their infrastructure throughout the City. US Cellular has
indicated it would initially like to install 5 small cell wireless installations in 2022 on Electric
Services street light poles with future plans beyond 2022 to expand that to an unknown
quantity.
It is the preference of the wireless providers to utilize existing pole locations owned by
Electric Services in lieu of City-owned structures, as there are more sites to choose from
in the right-of-way and these sites also need electric power, which Electric Services also
provides. Therefore, a pole attachment agreement is necessary to govern the process for
attachments to Electric Service’s poles. On February 25, 2020 the City Council
approved a similar agreement with Verizon. The same form of agreement
previously approved for Verizon is also being used for this USCC agreement.
POLE ATTACHMENT AGREEMENT:
In exchange for attaching to the City’s Electric poles, US Cellular will pay the utility
attachment fees as provided in the agreement and reflected in the Municipal Code for
small cell wireless pole attachments. This fee is currently $150 per pole, per year. The
agreement also states that this fee can be modified annually. Verizon has signed and
returned the Master Wireless Attachment Agreement to the City.
2
ALTERNATIVES:
1. Approve the Master Wireless Attachment Agreement with USCOC to Greater
Iowa, LLC d/b/a US Cellular Corporation.
2. Do not approve the agreement.
CITY MANAGER'S RECOMMENDED ACTION:
A pole attachment agreement is an important component of accommodating US Cellular
Corporation’s proposed deployment in the community. Such agreements exist with
other telecommunications utilities in other cities and this is the second of its kind
for the City of Ames. Approving the agreement will permit US Cellular Corporation to
improve its service to its customers in areas of high customer demand.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
.1
(1) PROPOSED CANTENNA
(SEE A-3.1 FOR llOllHJING DETAILS)
(1) PROPOSED PSU
) PROPOSED SQUARE D. SWITCH
(3) PROPOSED RADIO
I A-3 FOR MOUN™G DETAI.S)
PROPOSED
CABLE SHROUD B'f POl£ MFR
.,.,..., - (1) PROPOSED PSU
(3) PROPOSED RADIO
(1) PROPOSED SQUARE D. SWITCH
(SEE A-3 FOR MOUNTING DETAILS)
(1) 2" SlEEVE (29'-6" AGL)
(2) 315" HANOHOI..E (28'-10" AGL)
lfr: - - PROPOSED IN-LINE FUSE
PROPOSED SERVICE DROP FROM EXISTING CMR HOO ELECTRICAL SOURCE TO THE PROPOSED SQlMRE D. SWITCH
PROPOSED ABER OPl1C RUN FROM HE FIIER D HOl£ / PUU. BOX
,T GRADE l.!VEl. 10 1H£ PROPOSED
RADIOS MOUNTED 10 THE UllUIY LE. FlBER OPIIC 10 BE PRO'IECTED .AST1C U-GUMD ATTACHED TO THE
I I ,1 EXISTING SJREET SIGN
Ul1UlY POLE EXISTING STREET SIGN
EXISIIHG SNOW REMOYE SIGN J! 9
and
PROPOSED FIBER OPTIC RUN FROM THE FlBER HAND HOLE / PULl BOX AT GRADE LEVEL TO THE PROPOSED
PROPOSED SECONDARY SERVICE DROP FROM EXISTING UNDER GROUND ELECTRICAL SOURCE TO THE PROPOSED SQUARE O SWITCH
.... EXISTING NO PARKING SIGN
PROPOSED HANDHOLE
, -------
1
RADIOS MOUIITT:D TO THE REPIACEMEITT POLE. FlBER OPTIC TO BE RUN INSIDE THE REPLACEMEITT POLE AND EXIT THE POLE WITH TUFF-SEAL MULTIPLE HOLE , ----BUSH-ING --
IN-LINE FUSE
PR OPOS ED SE ,,,,@
- O E BAS.:y- _
CONCRETE PIER
ITEM #: __12 __
DATE: 02/09/21
COUNCIL ACTION FORM
SUBJECT: IOWA DNR CONTRACT AGREEMENT FOR HEADWATERS OF THE SOUTH SKUNK RIVER WATERSHED MANAGEMENT AUTHORITY
BACKGROUND:
On July 31, 2018, Ames City Council approved a 28E intergovernmental agreement for creating the Headwaters of the South Skunk River Watershed Management Authority (WMA). Story County, as the Fiscal Agent for the WMA, was the lead in applying for Iowa DNR grant funding to complete a Water Quality and Comprehensive Watershed Management Plan for the WMA. This application was approved by the Environmental Protection Commission on January 20, 2021, awarding a grant in an amount not to exceed $100,000. Members of the 28E agreement are required to sign the grant contract agreement. The term of this contract begins February 1, 2021 through December 31,2022. A map of the WMA area is attached.
The City of Ames will support the Headwaters of the South Skunk River WMA by contributing a cash match of $2,000 and an in-kind match of staff time equivalent to $11,500 per year toward this effort. The in-kind staff time match will consist of administration time associated with water quality monitoring ($8,700/year) and technical support (40 hours@ $2,800/year) in the development of the watershed assessment.
The goal of this project is to develop a plan for the watershed. Funds will be used to hire a consultant to create a plan which includes identification of specific water quality improvement goals and conduct a watershed awareness and community engagement plan. Developing the plan will provide a watershed-wide resource that promotes local cooperation and aids in implementing future practices within the watershed.
The specific tasks of the plan include collection and review of existing data, watershed resource inventory and assessment of issues, watershed action plan, education/ outreach plan and engagement campaign, final comprehensive watershed management plan, and final narrative report.
ALTERNATIVES:
1. Approve the contract agreement for the WMA to complete a Water Quality and Comprehensive Watershed Management Plan.
2. Do not approve the attached agreement.
CITY MANAGER'S RECOMMENDED ACTION:
Riverine flooding and water quality are important issues affecting the City of Ames. Watershed Management Authorities provide effective intergovernmental cooperation to link urban and rural interests together leading to long-term improvements in water quality and reductions in flooding. Creation of the Water Quality and Comprehensive Watershed Management Plan for the Headwaters of the South Skunk River WMA will play a key role in achieving those goals within the South Skunk River watershed upstream of and within our community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above.
Headwaters of the South Skunk River Watershed
0708010504
0708 010501
07080105 02
0708 010503
Ames
Boone
Webs ter City
Nevada
Alden
Story City
Jewell Junction
Stratford
Colo
Rola nd
Fraser
Gilbert
Luth er
Kamrar
Buckeye
Radcliffe
Kelley
Williams
Dunco mbe
Stanhope
Woolsto ck
Ellsworth
Blairsbu rg
Randa ll
McCalls burg
Popejoy
H a m i l t o n C o u n t yHamilton C o u n t y
S t o r y C o u n t yStory C o u n t yBoone C o u n t yBoone C o u n t y
H a r d i n C o u n t yHardin C o u n t y
W r i g h t C o u n t yWright C o u n t y
South Skunk R.
Squaw Creek
Squaw C reek Watershed
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 1
IOWA DEPARTMENT OF NATURAL RESOURCES
CONTRACT NUMBER 21-ESD-WQB-KAMEN-0001
Between
IOWA DEPARTMENT OF NATURAL RESOURCES
And
MEMBER ENTITIES OF THE HEADWATERS OF THE SOUTH SKUNK RIVER WATERSHED MANAGEMENT AUTHORITY
Amount: $100,000
Purpose: To prepare a watershed management plan for the Headwaters of the South Skunk River
This Contract was approved by the Environmental Protection Commission on January 20, 2021
IN WITNESS THEREOF, the parties hereto have entered into this Contract on the day and year last specified below.
DEPARTMENT OF NATURAL RESOURCES
By: Date:
Kayla Lyon, Director
HEADWATERS OF THE SOUTH SKUNK RIVER WATERSHED MANAGEMENT AUTHORITY THROUGH ITS MEMBER ENTITIES:
SIGNATURES PAGES OF THE ADDITIONAL PARTIERS TO FOLLOW:
For DNR use only:
1. Retain a signed copy of the Contract in the project file and send a hardcopy with 1st invoice to Budget & Finance.
2. Please do one of the following:
a. Email scanned copy to Christina Iiams@dnr.iowa.gov;
b. Fax copy to 515-725-9501 (Attn: Christina Iiams); OR
c. Mail a copy of the contract to IOWA DNR, ATTN: Christina Iiams, 502 E 9th St, Des Moines IA 50319.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 2
Story County
By this signature, Story County also acknowledges its role as the Fiscal Agent for the Headwaters of the South
Skunk River Watershed Management Authority as described in Section 7.4 of the Special Conditions of this
Contract.
By: __________________________________ Date: ____________
Linda Murken
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 3
CITY OF AMES
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 4
CITY OF STORY CITY
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 5
CITY OF ROLAND
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 6
CITY OF RANDALL
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 7
STORY COUNTY SOIL & WATER CONSERVATION DISTRICT
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 8
HAMILTON COUNTY SOIL & WATER CONSERVATION DISTRICT
By: __________________________________ Date: ____________
Check one:
Approved by its Board/ Council, at a meeting thereof, on ____ day of ___________, 2020.
Does not require separate Board/Council approval.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 9
INTERGOVERNMENTAL SERVICES - SPECIAL CONDITIONS
This Contract is entered into between the Iowa Department of Natural Resources (DNR) and the member entities of the
Headwaters of the South Skunk River Watershed Management Authority as follows: City of Ames, Story County, Hamilton
County Soil and Water Conservation District, Story County Soil and Water Conservation District, City of Story City, City of
Roland, and City of Randall.
The parties agree as follows:
Section 1 IDENTITY OF THE PARTIES
1.1 Parties. DNR is authorized to enter into this Contract. DNR’s address is: Wallace State Office Building, 502 East 9th
Street, Des Moines, Iowa 50319.
Headwaters of the South Skunk River Watershed Management Authority (South Skunk WMA), an Iowa Code chapter 28E
Organization formed pursuant to Iowa Code chapter 28E and authorized for funding under this Contract pursuant to Iowa
Code section 466B.22, is organized under the laws of the State of Iowa and is registered with the Iowa Secretary of State.
Headwaters of the South Skunk River Management Authority Entities include the following:
Story County, a County Government, is organized under the laws of the State of Iowa.
Contractor’s address is 900 Sixth Street, Nevada, Iowa 50201. Story County shall serve as Fiscal Agent for this
Contract, consistent with Section 7.4 of the Special Conditions of this Contract.
City of Ames, a Municipal Government, is organized under the laws of the State of Iowa. The Contractor’s address
is: 515 Clark Avenue Ames, Iowa 50010
City of Story City, a Municipal Government, is organized under the laws of the State of Iowa. The Contractor’s
address is: 504 Broad Street, Story City, Iowa 50248
City of Roland, a Municipal Government, is organized under the laws of the State of Iowa. The Contractor’s
address is: 202 East Ash Street/P.O. Box 288 Roland, Iowa 50236
City of Randall, a Municipal Government, is organized under the laws of the State of Iowa. The Contractor’s
address is: Box 36, Randall, Iowa 50231
Story County Soil and Water Conservation District, a legal subdivision of the State of Iowa, is organized under the
laws of the State of Iowa. The Contractor’s address is: 510 South 11th Street, Nevada, Iowa 50201
Hamilton County Soil and Water Conservation District, a legal subdivision of the State of Iowa, is organized under
the laws of the State of Iowa. The Contractor’s address is: 1921 Superior Street, Webster City, Iowa 50595-3145
Because the South Skunk WMA’s 28E agreement did not create a new entity, the above entities are jointly referred to as
“the Contractor” in this Contract.
1.2 Project Managers. Each party has designated a Project Manager, who shall be responsible for oversight and
negotiation of any contract modifications, as follows:
DNR Project Manager: Kyle Ament
Central Iowa Basin Coordinator
Water Quality Bureau
502 E. 9th Street Des Moines, Iowa 50319
Phone: 515-725-8389
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 10
Email: kyle.ament@dnr.iowa.gov
Contractor Project Manager: Michael Cox
Director – Story County Conservation
56461 180th St. Ames, Iowa
Phone: 515-232-2516
Email: mcox@storycountyiowa.gov
Section 2 STATEMENT OF PURPOSE
2.1 Background. Pursuant to Iowa Code section 455B.103(5) and Iowa Code chapter 466B, subchapter II, the DNR
awarded funding to the South Skunk WMA on December 3, 2020 to support its effort to develop a Water Quality and
Comprehensive Watershed Management Plan (Plan) for the Headwaters of the South Skunk River watershed
(Watershed).
2.2 Purpose. The goal of this project is to develop a Plan for the Watershed. Funds will be used to hire a subcontractor
to create a Plan which includes identification of specific water quality improvement goals and conduct a watershed
awareness and community engagement plan. Developing the Plan will provide a Watershed-wide resource that will
promote local cooperation and aid in implementing future practices within the Watershed.
Section 3 DURATION OF CONTRACT
3.1 Term of Contract. The term of this Contract shall be February 1, 2021 through December 31,2022, unless terminated
earlier in accordance with the Termination section of this Contract. However, this Contract shall not begin until it has
been signed by all applicable parties.
3.2 Approval of Contract. If the amount of compensation to be paid by DNR according to the terms of this Contract is
greater than $25,000.00, then performance shall not commence unless by January 20, 2021 this Contract has been
approved by the Environmental Protection Commission.
Section 4 DEFINITIONS
“Deliverables” shall mean services to be provided by, or on behalf of, the Contractor pursuant to this Contract. Deliverables
shall include everything produced by the Contractor that is related to the Tasks, such as reports, meetings, documentation,
designs, copy, artwork, data, information, graphics, images, processes, techniques, materials, plans, papers, forms, studies,
modifications, content, concepts, and all other tangible and intangible works, materials and property of every kind and
nature that are related to the Deliverables.
“Task Milestone Date” shall mean a deadline for accomplishing a Task required by this Contract.
Section 5 STATEMENT OF WORK
5.1 Statement of Work. Contractor shall perform the following tasks. The Contractor may subcontract work under this
Contract, in accordance with Section 23, General Conditions of this Contract. Contractor shall complete its
obligations under this Contract by the Task Milestone Dates set out in the following table and in a manner
consistent with the Project’s description in the Contractor’s Proposal found in Exhibit A, which is attached to and
by this reference made a part of this Contract.
Obligation Task Milestone Date
Task 1: Existing Data Review and Collection
Description: The Contractor will collect data on the existing conditions within the
2021
Task 2 Watershed Resource Inventory and Assessment of Issues
Description: The Contractor will create various data sets and maps (wetlands, floodplains,
BMPs, soils, recreational areas, critical habitats, land use, etc.) to aid in the analysis. This
2022
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 11
Task 3:Watershed Action Plan
Description: Contractor shall develop and action plan with specific goals, objectives, and
action steps which are sustainable for at least 20 years and will include measures to abate
Task 4: Education and Outreach Plan and Engagement Campaign
Description: Contractor will create, implement, and assess a water quality improvement
Task 5: Final Comprehensive Watershed Management Plan
Description: Using the resources gathered and created in Tasks 1-4, Contractor will
prepare the Plan. The Plan shall conform to the proposal details in Exhibit A and shall
outline the planning process, provide a summary of watershed assessment and data, and
provide the implementation of Tasks 3 and 4 of this Contract, along with applicable
guidance, with a 20-year implementation strategy.
The Contractor shall submit a written draft of the Plan to DNR for approval. After approval,
Contractor shall present the Watershed Plan to member policy makers and ask for
2022
Task 6: Final Narrative Report
Description: Contract shall prepare a final report which includes a narrative of the process
used to create the Watershed Plan, including what activities took place, successes and
obstacles (if and how they were overcome), and a final financial statement. Specific to the
requirements of Section 319 funding, the final report shall contain, at a minimum, the
following information:
• The total federal Section 319 and 604(b) funds expended by the project;
• A summary of other funds expended by the project;
• A summary of accomplishments and objectives of the project during the term of
the Contract;
• A comparison of actual accomplishments to the objectives established for the
project in accordance with the work plan;
• If the project objectives were not met, an explanation as to why; and
• All other reporting requirements as specified by Section 319 rules, regulations, and
2022
5.2 Non-Exclusive Rights. This Contract is not exclusive. DNR reserves the right to select other contractors to provide
services similar or identical to the Statement of Work described in this Contract during the term of this Contract.
5.3 Stop Services. In addition to its other remedies described herein, DNR shall have the right at any time during the
Contract term to direct the services of Contractor fully or partially suspended or stopped, if the Deliverables fail to
conform to applicable specifications and requirements in this Contract. DNR shall give Contractor written notice of a
stop work directive. DNR shall provide to Contractor the reasons for the stop work directive.
5.4 Industry Standards. Services rendered pursuant to this Contract shall be performed in a professional and
workmanlike manner in accordance with the terms of this Contract and the standards of performance considered
generally acceptable in the relevant industry for similar tasks and projects. In the absence of a detailed specification
for the performance of any portion of this Contract, the parties agree that the applicable specification shall be the
generally accepted industry standard.
5.1 Amendments to Statement of Work. Modifications, deletions and additions may be made to the Statement of
Work contained in this Contract at any time during the term of this Contract by mutual written consent of the
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 12
parties in an Amendment to the Contract. The following procedures shall be followed for Amendments to the
Statement of Work when those changes require additional work to be performed by the Contractor:
5.5.1 Written Request. DNR shall specify in writing the desired modifications to the same degree of specificity
as in the original Statement of Work.
5.5.2 The Contractor’s Response. The Contractor shall submit to DNR a time estimate and an estimated budget
for the requested change within five (5) business days of receiving the change request. The Contractor
shall decide, in its sole discretion, whether to provide the requested services.
5.5.3 Acceptance of the Contractor Estimate. If DNR accepts the time estimate and estimated budget
presented by the Contractor within five business days of receiving the Contractor’s response, then the
parties may amend the Contract, and the Contractor shall agree to perform the modified services subject
to the time estimate and estimated budget included in the Contractor response. The parties shall agree to
a beginning date for the Amendment. The Contractor shall not begin work prior to the time an
Amendment is signed by both parties.
5.5.4 Adjustment to Compensation. The parties acknowledge that a request for a change in the Statement of
Work contained in this Contract may or may not entitle the Contractor to an equitable adjustment in the
Contractor’s compensation or the performance deadlines under this Contract, and that such change
request shall require an Amendment to the Contract and approval of the Environmental Protection
Commission.
Section 6 MONITORING AND REVIEW
6.1 Task Milestone Dates. Contractor shall complete its obligations under this Contract by the Task Milestone Dates set
out in Section 5.1.
Failure by Contractor to complete the above-designated portions of its obligations by the Task Milestone Dates set
out herein shall constitute material breach of this Contract by Contractor and shall be grounds for DNR to
immediately terminate this Contract for cause.
6.2 Review Meetings. Commencing with beginning performance of this Contract, the Project Managers shall meet
quarterly to discuss progress made by the Contractor during the performance of this Contract. The meetings shall
occur, either in person or by telephone conference call. Meetings may be postponed only on a case-by-case basis by
mutual written agreement of the parties.
6.3 Status Reports. Prior to each review meeting, the Contractor Project Manager shall provide a status report listing:
• Accomplishments during the previous period,
• Activities planned for the upcoming period,
• Tasks completed or Deliverables produced during the previous period,
• An updated schedule of upcoming Deliverables, and
• Any problems or concerns encountered since the last meeting.
At the next scheduled meeting after which any party has identified in writing a problem, the party responsible for
resolving the problem shall provide a report setting forth activities undertaken, or to be undertaken, to resolve the
problem, together with the anticipated completion dates of such activities. Any party may recommend alternative
courses of action or changes that shall facilitate problem resolution.
6.4 DNR right to review and observe. DNR shall have the right to review and observe, at any time, completed work or
work in progress. Contractor shall allow the State of Iowa or DNR, without cost, to inspect its facilities and books and
records relating to invoicing and time records for the purpose of monitoring and evaluating performance of this
Contract.
Section 7 COMPENSATION
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7.1 Source of Funding. The source of funding for this Contract is $100,000 from Clean Water Act sections 604(b) and
Section 319 funding. The Authority to enter into this Contract is an U.S. Environmental Protection Agency (EPA)
approved work plan and Iowa Code section 455B.103.
7.2 Not-to-exceed total amount of Contract. Payment for the work performed by Contractor according to the terms of
this Contract shall not exceed $100,000. Payment shall be for satisfactory completion of the Statement of Work
outlined in this Contract, provided that Contractor has complied with the terms of this Contract.
7.3 Budget and Submission of Invoices. The budget for this Contract and the submission of invoices shall be:
Task Milestone Date Compensation Allotted Invoice Due No Later Than
Not to exceed $15,000 December 31, 2021
Not to exceed $15,000 February 28, 2022
Task 3: Watershed Action Plan Not to exceed $15,000 May 31, 2022
Task 4: Education and Outreach Plan and Engagement
Campaign Not to exceed $15,000 June 30, 2022
Task 5: Final Comprehensive Watershed Management Plan
Task 6: Final Narrative Report
Total
Invoices shall contain the DNR Contract Number found on the first page of this Contract. The invoices shall itemize
the work performed pursuant to the Contract, and shall specify the amount of payment requested for each Task
during the period covered by the invoice. Each invoice shall comply with all applicable rules concerning payment of
such claims and shall contain appropriate documentation necessary to support the fees or charges included in the
invoice. No invoice shall request payment for work occurring in more than one fiscal year. DNR shall have the right to
dispute any invoice item submitted for payment and to withhold payment of any disputed amount if DNR reasonably
believes the invoice is inaccurate or incorrect in any way.
Original invoices shall be submitted to:
Iowa Department of Natural Resources
Attention: Kyle Ament
502 E. 9th Street
Des Moines, Iowa 50319
DNR Contract Number: (21-ESD-WQB-KAMEN-0001)
7.4 Payment of Invoices. DNR shall pay approved invoices in arrears and in conformance with Iowa Code section
8A.514. Unless otherwise agreed to in writing by the parties, the Contractor shall not be entitled to receive any
other payment or compensation from the State of Iowa for any services provided by or on behalf of the Contractor
under this Contract. All payments made by DNR under this Contract shall be made to the Contractor through the
fiscal agent of the South Skunk WMA, Story County, pursuant to a contract or agreement that shall be entered into
between the South Skunk WMA and Story County. Story County is a separate governmental entity that has
appropriately responded to a risk assessment form that meets federal requirements for grant recipients. The sole
purpose for participation of Story County in this Contract shall be to act as a fiscal agent to the Contractor for this
Contract to ensure compliance with section B.4 of Attachment D of this Contract. Payment will be issued to the
Contractor, through the South Skunk WMA’s fiscal agent, as follows:
Attention: Story County Conservation Board
56461 180th St.
Ames, Iowa 50010
DNR Contract Number: (21-ESD-WQB-KAMEN-0001)
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 14
7.5 No advance payment. No advance payments shall be made for any Deliverables provided by Contractor pursuant to
this Contract.
7.6 Delay of Payment Due to Contractor’s Failure. If DNR determines that the Contractor has failed to perform or
deliver any service or product required by this Contract, then the Contractor shall not be entitled to any
compensation, or any further compensation if compensation has already occurred, under this Contract until such
service or product is performed or delivered. DNR shall withhold that portion of the invoice amount which
represents payment for the task or Deliverable that was not completed, delivered and successfully deployed.
7.7 Erroneous Payments and Credits. Contractor shall promptly re-pay or refund to DNR the full amount of any
overpayment or erroneous payment within ten (10) business days after either discovery by Contractor or notification
by DNR of the overpayment or erroneous payment.
7.8 Set-off Against Sums Owed by Contractor. In the event that Contractor owes DNR or the State of Iowa (“State”) any
sum (including any State taxes in arrears) under the terms of this Contract, any other Contract, pursuant to a
judgment, or pursuant to any law, DNR may set off such sum against any sum invoiced to DNR by Contractor. This
may be done in DNR’s sole discretion unless otherwise required by law.
7.9 Reimbursable Expenses. There shall be no reimbursable expenses associated with this Contract separate from the
compensation referred to in this section, unless agreed to by both parties in an amendment to this Contract or in a
Change Order executed by both parties. Unless otherwise specifically provided for in this Contract, Contractor shall
be solely responsible for all its costs and expenses, including travel, mileage, meals, lodging, equipment, supplies,
personnel, training, salaries, benefits, insurance, conferences, long distance telephone, and all other costs and
expenses of the Contractor.
7.10 Stop Services. In addition to its other remedies described herein, DNR shall have the right at any time during the
Contract term to direct the services of the Contractor fully or partially suspended or stopped, if the Deliverables or
services fail to conform to applicable specifications and requirements under this Contract. DNR shall give Contractor
the reasons for the stop work directive.
Section 8 CONTRACTOR PROPOSAL
The Contractor’s Proposal submitted to the DNR on November 6, 2020 is hereby incorporated by reference into this
Contract by Exhibit A. The Contractor agrees to conform to the work proposed in its proposal as represented by this
Contract.
Section 9 REQUEST FOR PROPOSAL
The Request for Proposal, in the form of an application solicitation, issued by the DNR on September 3, 2020 is hereby
incorporated by reference into this Contract by Exhibit B. The Contractor was selected through a multi-agency review
process of its response to the Request for Proposals. The methods of that review are outlined in Exhibit B.
Section 10 EQUAL EMPLOYMENT PROVISIONS
The Contractor has read and understands the provisions in Exhibit C, Equal Employment Opportunity, attached hereto and
made part of this Contract by this reference, and the Contractor agrees to conform to the requirements contained therein.
Section 11 FEDERALLY-FUNDED AGREEMENTS
If this Contract is funded by federal monies, then the Contractor has read and understands the provisions of Exhibit D,
Additional Requirements for Federally-Funded Agreements, attached hereto and made part of this Contract by this
reference, and the Contractor agrees to conform to the requirements contained therein.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 15
Exhibit A
Contractor’s Proposal Dated November 6, 2020
The Contractor’s Proposal submitted to the DNR on November 6, 2020, is hereby incorporated by reference into this
Contract by this Exhibit. Due to the size of the Proposal, the language of the Proposal is not included in in this Exhibit and is
instead available in its entirety by contacting the DNR Project Manager described in Section 1 of the Special Conditions of
the Contract.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 16
Exhibit B
DNR’s Request for Proposals Issued September 3, 2020
The Request for Proposal issued by the DNR on September 3, 2020 is hereby incorporated by reference into this Contract
by this Exhibit. Due to the size of the RFP, the language of the RFP is not included in in this Exhibit and is instead available
in its entirety by contacting the DNR Project Manager described in Section 1 of the Special Conditions of the Contract.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 17
Exhibit C
Equal Employment Opportunity.
The Contractor agrees to the following:
A.1 The Contractor shall not discriminate against any employee or applicant for employment because of race, creed,
color, religion, sex, national origin, age, gender identity, gender orientation, pregnancy, family status, marital status or mental
or physical disability. The Contractor shall take affirmative action to ensure that applicants are employed and that employees
are treated, during employment, without regard to their race, creed, color, religion, sex, national origin, age, gender identity,
gender orientation, pregnancy, family status, marital status or mental or physical disability except where mental or physical
disability relates to a bona fide occupational qualification reasonably necessary to the normal operation of the Contractor's
business. Such action shall include but not be limited to, the following: employment, upgrading, demotion or transfer;
recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation and selection for
training, including apprenticeship. The Contractor agrees to post notices, setting forth provisions of this nondiscrimination
clause, in conspicuous places available to employees and applicants for employment.
A.2 The Contractor shall in all solicitations or advertisements for employees, placed by or on behalf of the Contractor,
state that all qualified applicants shall receive consideration for employment without regard to race, creed, color, religion,
sex, national origin, age, gender identity, gender orientation, pregnancy, family status, marital status or mental or physical
disability except where mental or physical disability is a bona fide occupation qualification reasonably necessary to the
normal operation of the Contractor's business.
A.3 The Contractor shall comply with all relevant provisions of the Iowa Civil Rights Act of 1965, as amended, Iowa
Executive Order 15 or 1973, Chapter 19B, Code of Iowa, Federal Executive Order 11246 of 1965, as amended by Federal
Executive Order 11376 of 1967, and Title VI of the Civil Rights Act of 1964, as amended. The Contractor shall furnish all
information and reports requested by the state of Iowa or required by, or pursuant to, the rules and regulations thereof and
shall permit access to payroll and employment records by the state of Iowa for purposes of investigation to ascertain
compliance with such rules, regulations or requests, or with this nondiscrimination clause.
A.4 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this Contract or with any of
the aforesaid rules, regulations or requests, this Contract may be canceled, terminated or suspended in whole or in part. In
addition, the state of Iowa may take such further action, and such other sanctions may be imposed and remedies invoked,
as provided by the Iowa Civil Rights Act of 1965, as amended, Chapter 216, Code of Iowa, or as otherwise provided by law.
A.5 The Contractor shall include the provisions of paragraphs 8.1 through 8.4 hereof in every subcontract, unless
specifically exempted by approval of the state of Iowa, so that such provisions shall be binding on each subcontract. The
Contractor shall take such action with respect to any subcontract as the state of Iowa may direct as a means of enforcing
such provisions, including sanctions for noncompliance; provided, however, that in the event the Contractor becomes
involved in, or is threatened with, litigation with a subcontractor or vendor as a result of such direction by the state of Iowa,
the Contractor may request the state of Iowa to enter into such litigation to protect the interests of the state of Iowa.
A.6 In accordance with the provisions of 541 Iowa Administrative Code chapter 4:
o The Contractor or subcontractor is prohibited from engaging in discriminatory employment practices forbidden by
federal and state law, executive orders and rules of the department of management, which pertain to equal
employment opportunity and affirmative action.
o The Contractor or subcontractor may be required to have on file a copy of the affirmative action program, containing
goals and time specifications. These contractual provisions shall be fully enforced. Any breach of them shall be
regarded as a material breach of the Contract.
o Compliance with the provisions of Iowa Code section 19B.7 and all applicable rules of the department of
management prior to the execution of the Contract shall be a condition of the Contract binding upon the Contractor
or service provider, its successors, and assignees.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 18
o Failure to fulfill the nondiscrimination requirements of this Contract or any of the rules and orders may cause the
Contract to be canceled, terminated, or suspended in whole or in part, and the Contractor or service provider may
be declared ineligible for future state contracts in accordance with authorized procedure or the Contractor may be
subject to other sanctions as provided by law or rule.
o The Contractor may be required to submit to the department of management or the DNR a copy of its affirmative
action plan containing goals and time specifications.
o The Contractor shall be able to demonstrate to the satisfaction of the department of management or the DNR that
its affirmative action program is productive.
o The Contractor may be required to submit reports as requested by the department of management. The department
of management may request other relevant information from a contractor at any time.
o The department of management may undertake a compliance review of the Contractor, and the department of
management may take action, as appropriate, to seek to terminate contracts or funding found to be in violation of
the rules.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 19
Exhibit D
Additional Requirements for Federally-funded Agreements
B.1 Suspension and Debarment. The Contractor certifies pursuant to 31 CFR Part 19 that neither it nor its principles are
presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in
this Contract by any federal department or agency.
B.2 Lobbying Restrictions. The Contractor shall comply with all certification and disclosure requirements prescribed by
31 U.S.C. Section 1352 and any implementing regulations and shall be responsible for ensuring that any subcontractor fully
complies with all certification and disclosure requirements.
B.3 Pro-Children Act of 1994. Public Law 103-227, also known as the Pro-Children Act of 1994 (Act), requires that
smoking not be permitted in any portion of any indoor facility owned or leased or contracted for by an entity and used
routinely or regularly for the provision of health, day care, early childhood development services, education or library services
to children under the age of 18, if the services are funded by federal programs either directly or through state or local
governments, by federal grant, contract, loan or loan guarantee. Federal programs include grants, cooperative agreements,
loans or loan guarantees and contracts. The law also applies to children’s services that are provided in indoor facilities that
are constructed, operated or maintained with such federal funds. The law does not apply to children’s services provided in
private residences; portions of facilities used for inpatient drug or alcohol treatment; service providers whose sole source of
applicable federal funds is Medicare or Medicaid; or facilities (other than clinics) where WIC coupons are redeemed. Failure
to comply with the provisions of the law may result in the imposition of a civil monetary penalty of up to $1,000 for each
violation and/or the imposition of an administrative compliance order on the responsible party. The Contractor certifies that
it will comply with the requirements of the Pro-Children Act of 1994 and will not allow smoking within any portion of any
indoor facility used for the provision of services for children as defined by the Act.
B.4 Certified Audits. Local governments and non-profit subrecipient entities that expend $500,000 or more in a year in
federal awards (from all sources) shall have a single audit conducted for that year in accordance with the provisions of OMB
Circular A-133 “Audit of States, Local Governments, and Non-Profit Organizations.” A copy of the final audit report shall be
submitted to DNR if either the schedule of findings and questioned costs or the summary schedule of prior audit findings
includes any audit findings related to federal awards provided by DNR. If an audit report is not required to be submitted per
the criteria above, the subrecipient must provide written notification to DNR that the audit was conducted in accordance
with Government Auditing Standards and that neither the schedule of findings and questioned costs nor the summary
schedule of prior audit findings includes any audit findings related to federal awards provided by the DNR. See A-133 Section
21 for a discussion of subrecipient versus vendor relationships.
B.5 Drug Free Work Place. The Contractor shall provide a drug free workplace in accordance with the Drug Free
Workplace Act of 1988 and all applicable regulations.
B.6 The Contractor shall comply with all applicable federal requirements, including but not limited to 2 CFR Chapter I,
Chapter II, Part 200, et al. (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards; Final Rule); and including but not limited to EPA general terms and conditions which may be found at:
https://www.epa.gov/grants/epa-general-terms-and-conditions-effective-october-1-2018
This section shall be in addition to, and not in place of, Section 31 of the General Conditions of this Contract.
B.7 Outreach Signage Requirements. If the 319 award includes an outreach component, the recipient agrees to provide signage that informs the public that the project is funded by EPA. The signage shall contain the EPA logo. To obtain the appropriate EPA logo or seal graphic file, the recipient should send a request directly to OPA and include the EPA Project Officer in the communication. Instructions for contacting OPA are available at: http://www2.epa.gov/stylebook/using-epa-seal-and-logo The EPA Logo will be displayed meeting the following specifications: http://www.epa.gov/ogd/tc/epa_logo_seal_specifications_for_infrastructure_grants.pdf
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If the physical design of the sign allows, it should also include the following text: "This project has been funded by the United States Environmental Protection Agency” or “This cooperative project has been funded in part by the United States Environmental Protection Agency” Exceptions to including the EPA logo may be made by the Regional 319 Coordinator on recommendation by the State.
B.8 Announcements. The grant recipient agrees that announcements through the web or print materials for workshop, conference, demonstration days or other events as part of a project funded by a 319 assistance agreement shall contain a statement that the materials or conference has been funded by the United States Environmental protection Agency.
B.9 Public or Media Events. The Recipient agrees to notify the EPA Project Officer listed in this award document of public or media events publicizing the accomplishment of significant events related to construction projects as a result of this agreement, and provide the opportunity for attendance and participation by federal representatives with at least ten (10) working days’ notice.
B.10 Limited English Proficiency Communities. To increase public awareness of projects serving communities where English is not the predominant language, recipients are encouraged to include in their outreach strategies communication in non-English languages. Translation costs for this purpose are allowable, provided the costs are reasonable.
B.11 MBE/WBE reporting. The Contractor agrees to complete and submit a “MBE/WBE Utilization Under Federal
Grants, Cooperative Agreements and Interagency Agreements” report (EPA Form 5700-52A) on an annual basis.
B.12 Operation and Maintenance of Management Practices. Contractor shall assure continued proper operation and
maintenance of all nonpoint source management practices that have been implemented for projects funded under this
agreement. Such practices shall be operated and maintained for an appropriate number of years in accordance with
commonly accepted standards. The Contractor shall include a provision in every applicable sub-agreement (sub-grant or
contract) awarded under this grant requiring that the management practices for the project be properly operated and
maintained. Likewise, the sub-agreement shall assure that similar provisions are included in any sub-agreements that are
awarded by sub-recipient.
To the extent of any inconsistency between the Special Conditions and the General Conditions, the Special
Conditions shall control.
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INTERGOVERNMENTAL SERVICES - GENERAL CONDITIONS
Section 1 COMPLIANCE WITH THE LAW
The Contractor, and its employees and agents, shall comply with all applicable federal, state, and local laws, rules,
ordinances, regulations and orders when performing the services under this Contract, including without limitation, all laws
applicable to the prevention of discrimination in employment and the use of targeted small businesses as suppliers. The
Contractor, and its employees and agents shall also comply with all federal, state and local laws regarding business permits
and licenses that may be required to carry out the work performed under this Contract. Contractor represents and
warrants that it has complied with all federal, state, foreign and local laws applicable to the performance of its obligations
under this Contract.
Section 2 TERMINATION
2.1 Termination Due to Lack of Funds or Change in Law. DNR shall have the right to terminate this Contract without
penalty by giving sixty (60) days written notice to the Contractor as a result of any of the following:
2.1.1 The legislature or governor fail to appropriate funds sufficient to allow the parties to either meet their
obligations under this Contract or to operate as required and to fulfill its obligations under this Contract; or if
funds anticipated for the continued fulfillment of the Contract are, at any time, not forthcoming or are
insufficient, either through the failure of the parties to appropriate funds or funding from a federal source is
reduced or discontinued for any reason, or through discontinuance or material alteration of the program for
which funds were provided; or
2.1.2 If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or
revenues needed by the parties to make any payment hereunder are insufficient or unavailable for any other
reason; or
2.1.3 If either party’s authorization to conduct its business or engage in activities or operations related to the
subject matter of this Contract is withdrawn or materially altered or modified; or
2.1.4 If either party’s duties, programs or responsibilities are modified or materially altered; or
2.1.5 If there is a decision of any court, administrative law judge or an arbitration panel or any law, rule, regulation
or order is enacted, promulgated or issued that materially or adversely affects either party’s ability to fulfill
any of its obligations under this Contract.
2.2 Immediate Termination by DNR. DNR may terminate this Contract for any of the following reasons effective
immediately without advance notice and without penalty:
2.2.1 In the event the Contractor is required to be certified or licensed as a condition precedent to providing
services, the revocation or loss of such license or certification will result in immediate termination of the
Contract effective as of the date on which the license or certification is no longer in effect;
2.2.2 DNR determines that the actions, or failure to act, of the Contractor, and its agents and employees have
caused, or reasonably could cause, any person’s life, health or safety to be jeopardized;
2.2.3 The Contractor fails to comply with confidentiality laws or provisions;
2.3 Termination for Cause. The occurrence of any one or more of the following events shall constitute cause for DNR to
declare the Contractor in default of its obligations under this Contract.
2.3.1 The Contractor fails to perform, to DNR’s satisfaction, any material requirement of this Contract or is in
violation of a material provision of this Contract, including, but without limitation, the express warranties
made by the Contractor;
2.3.2 DNR determines that satisfactory performance of this Contract is substantially endangered or that a default
is likely to occur;
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2.3.3 The Contractor fails to make substantial and timely progress toward performance of the Contract;
2.3.4 The Contractor has failed to comply with applicable federal, state and local laws, rules, ordinances,
regulations and orders when performing within the scope of this Contract;
2.3.5 The Contractor has engaged in conduct that has or may expose the State or DNR to liability, as determined in
DNR’s sole discretion;
2.3.6 The Contractor has infringed any patent, trademark, copyright, trade dress or any other intellectual property
right or proprietary right, or the Contractor has misappropriated a trade secret, or
2.3.7 Contractor fails to comply with any of the Task Milestone dates contained in this Contract.
2.4 Notice of Default. If there is a default event caused by the Contractor, DNR shall provide written notice to the
Contractor requesting that the breach or noncompliance be remedied within the period of time specified in DNR’s
written notice to the Contractor. If the breach or noncompliance is not remedied by the date of the written notice,
DNR may either:
2.4.1 Immediately terminate the Contract without additional written notice; or,
2.4.2 Enforce the terms and conditions of the Contract and seek any legal or equitable remedies.
2.5 Termination upon Notice. Following thirty (30) days written notice, DNR may terminate this Contract in whole or in
part without the payment of any penalty or incurring any further obligation to the Contractor. Following termination
upon notice, the Contractor shall be entitled to compensation, upon submission of invoices and proper proof of
claim, for services provided under this Contract to DNR up to and including the date of termination.
2.6 Remedies of the Contractor in Event of Termination by DNR. In the event of termination of this Contract for any
reason by DNR, DNR shall pay only those amounts, if any, due and owing to the Contractor for services actually
rendered up to and including the date of termination of the Contract and for which DNR is obligated to pay pursuant
to this Contract. Payment will be made only upon submission of invoices and proper proof of the Contractor’s claim.
This provision in no way limits the remedies available to DNR under this Contract in the event of termination.
However, DNR shall not be liable for any of the following costs:
2.6.1 The payment of unemployment compensation to the Contractor’s employees;
2.6.2 The payment of workers’ compensation claims, which occur during the Contract or extend beyond the date
on which the Contract terminates;
2.6.3 Any costs incurred by the Contractor, including, but not limited to, startup costs, overhead or other costs not
directly associated with the performance of the Contract;
2.6.4 Any taxes that may be owed by the Contractor not directly in connection with the performance of this
Contract, including, but not limited to, sales taxes, excise taxes, use taxes, income taxes or property taxes.
2.7 The Contractor’s Termination Duties. The Contractor upon receipt of notice of termination or upon request of DNR,
shall:
2.7.1 Cease work under this Contract and take all necessary or appropriate steps to limit disbursements and
minimize costs, and furnish a report within thirty (30) days of the date of notice of termination, describing
the status of all work under the Contract, including, without limitation, results accomplished, and
conclusions resulting there from, any other matters DNR may require.
2.7.2 Immediately cease using and return to DNR any personal property or materials, whether tangible or
intangible, provided by DNR to the Contractor.
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2.7.3 Comply with DNR’s instructions for the timely transfer of any active files and work product produced by the
Contractor under this Contract.
2.7.4 Cooperate in good faith with DNR, its employees, agents and contractors during the transition period
between the notification of termination and the substitution of any replacement contractor.
2.7.5 Immediately return to DNR any payments made by DNR for services that were not rendered by the
Contractor.
2.8 Rights in incomplete products. In the event the Contract is terminated, all finished or unfinished documents, data,
reports, or other materials prepared by the Contractor under this Contract shall, at the option of DNR, become DNR’s
property and the Contractor shall be entitled to receive just and equitable compensation for any satisfactory work
completed on such documents and other material.
Section 3 INDEPENDENT CONTRACTOR
The status of the Contractor shall be that of an independent contractor. Neither the Contractor nor its employees shall be
considered employees of DNR. DNR will not withhold taxes on behalf of the Contractor. Contractor shall be responsible for
payment of all taxes in connection with any income earned from performing this Contract.
Section 4 CONFLICT OF INTEREST
4.1 The Contractor covenants that the Contractor presently has no interest and shall not acquire any interest, direct and
indirect, which would conflict in any manner or degree with the performance of services required under this
Contract. The Contractor further covenants that in the performance of this Contract no person having any such
interest shall be employed.
4.2 During the term of this Contract, Contractor shall not provide services that would create a conflict of interest with
the Contractor’s duties set out in this Contract. In determining whether a particular activity creates an unacceptable
conflict of interest, situations in which an unacceptable conflict shall be deemed to exist shall include, but not to be
limited to, any of the following:
4.2.1 The activity involves the use of the state’s or DNR’s time, facilities, equipment, and supplies or other
evidences of employment for purposes other than the performance of Contractor’s obligations under this
Contract.
4.2.2 The activity involves the receipt of, promise of, or acceptance of money or other consideration by Contractor
from anyone other than the state or DNR for the performance of any acts that Contractor is required or
expected to perform as a part of Contractor’s performance under this Contract.
4.2.3 The outside employment or activity is subject to the official control, inspection, review, audit, or
enforcement authority of DNR.
4.3 If the activity creating a conflict of interest is in progress when the term of this Contract begins or is described in
paragraph 4.2.1 or 4.2.2 above, then Contractor shall immediately cease the activity. During the term of this
Contract, Contractor shall not enter into any activity described in paragraph 4.2.3 or which constitutes any other
unacceptable conflict of interest. Contractor shall immediately disclose to DNR the existence of any conflict of
interest, including conflicts of interest which are described in paragraph 4.2.3 and are in progress when the term of
this Contract begins.
Section 5 AMENDMENTS
This Contract may be amended only by written mutual consent of the parties.
Section 6 CHOICE OF LAW AND FORUM
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The laws of the State of Iowa shall govern and determine all matters arising out of or in connection with this Contract
without regard to the choice of law provisions of Iowa law. In the event any proceeding of a quasi-judicial or judicial nature
is commended in connection with this Contract, the exclusive jurisdiction for the proceeding shall be brought in Polk
County District Court for the State of Iowa, Des Moines, Iowa, or in the United States District Court for the Southern District
of Iowa, Central Division, Des Moines, Iowa wherever jurisdiction is appropriate. This provision shall not be construed as
waiving any immunity to suit or liability including without limitation sovereign immunity in State or Federal court, which
may be available to DNR or the State of Iowa.
Notwithstanding the above, in the event the Contractor is a state-level agency in Iowa and the dispute cannot be resolved
after reasonable negotiation, the parties shall, pursuant to Iowa Code section 679A.19, submit the dispute to a board of
arbitration of three members. The board of arbitration shall be composed of one member appointed by the Contractor,
one member appointed by DNR and one member appointed by the governor. The decision of the arbitration board shall be
final.
Section 7 SEVERABILITY
If any provision of this Contract is determined by a court of competent jurisdiction to be invalid or unenforceable, such
determination shall not affect the validity or enforceability of any other part or provision of this Contract.
Section 8 ENTIRE AGREEMENT
This Contract constitutes the entire agreement between DNR and the Contractor with respect to the subject matter hereof,
and the Contractor acknowledges that it is entering into the Contract solely on the basis of the terms and conditions herein
contained and not in reliance upon any representation, statement, inducement or promise, whether oral or written, not
contained herein. This Contract supersedes all prior contracts and agreements between DNR and the Contractor for the
services provided in connection with this Contract.
Section 9 ASSIGNMENT AND DELEGATION
This Contract may not be assigned, transferred or conveyed, in whole or in part, without the prior written consent of the
other party. For the purpose of construing this provision, a transfer of a controlling interest in the Contractor shall be
considered an assignment.
Section 10 REPRESENTATIONS AND WARRANTIES
10.1 Construction of Warranties Expressed in this Contract with Warranties Implied by Law. All warranties made by the
Contractor in all provisions of this Contract and the Proposal by the Contractor, whether or not this Contract
specifically denominates the Contractor’s promise as a warranty or whether the warranty is created only by the
Contractor’s affirmation or promise, or is created by a description of the materials and services to be provided, or by
provision of samples to DNR, shall not be construed as limiting or negating any warranty provided by law, including
without limitation, warranties which arise through course of dealing or usage of trade. The warranties expressed in
this Contract are intended to modify the warranties implied by law only to the extent that they expand the
warranties applicable to the goods and services provided by the Contractor. The provisions of this Section apply
during the term of this Contract and any extensions or renewals thereof.
10.2 Concepts, Materials, and Works Produced. Contractor represents and warrants that all the concepts, materials and
deliverables produced, or provided to DNR pursuant to the terms of this Contract shall be wholly original with the
Contractor or that the Contractor has secured all applicable interests, rights, licenses, permits or other intellectual
property rights in such concepts, materials and work product produced under this Contract. The Contractor
represents and warrants that the concepts, materials and work product produced under this Contract, and DNR’s use
of same, and the exercise by DNR of the rights granted by this Contract, shall not infringe upon any other work, other
than material provided by the Contract to the Contractor to be used as a basis for such materials, or violate the rights
of publicity or privacy of, or constitute a libel or slander against, any person, firm or corporation and that the
concepts, materials and work product produced under this Contract will not infringe upon the copyright, trademark,
trade name, literary, dramatic, statutory, common law or any other rights of any person, firm or corporation or other
entity. The Contractor represents and warrants that it is the owner of or otherwise has the right to use and distribute
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any software, the materials owned by the Contractor and any other materials, work product produced under this
Contract and methodologies used in connection with providing the services contemplated by this Contract.
10.3 Professional Practices. The Contractor represents and warrants that all of the services to be performed hereunder
will be rendered using sound, professional practices and in a competent and professional manner by knowledgeable,
trained and qualified personnel.
10.4 Conformity with Contractual Requirements. The Contractor represents and warrants that the work product
produced under this Contract will appear and operate in conformance with the terms and conditions of this Contract.
10.5 Authority to Enter into Contract. The Contractor represents and warrants that it has full authority to enter into this
Contract and that it has not granted and will not grant any right or interest to any person or entity that might
derogate, encumber or interfere with the rights granted to DNR.
10.6 Obligations Owed to Third Parties. The Contractor represents and warrants that all obligations owed to third parties
with respect to the activities contemplated to be undertaken by the Contractor pursuant to this Contract are or will
be fully satisfied by the Contractor so that DNR will not have any obligations with respect thereto.
10.7 Title to Property. The Contractor represents and warrants that title to any property assigned, conveyed or licensed
to DNR is good and that transfer of title or license to DNR is rightful and that all property shall be delivered free of
any security interest or other lien or encumbrance.
10.8 Industry Standards. The Contractor represents and expressly warrants that all aspects of the goods and services
provided or used by it shall conform to the applicable industry standards in the performance of this Contract.
10.9 Technology Updates. The Contractor represents warrants that it shall continually use and integrate the most current
and up-to-date technology commercially available.
Section 11 CONFIDENTIALITY
11.1 Access to Confidential Data. The Contractor’s employees and agents may have access to confidential data
maintained by DNR to the extent necessary to carry out its responsibilities under the Contract. The Contractor shall
presume that all information received pursuant to this Contract is confidential unless otherwise designated by DNR.
The Contractor shall provide to DNR a written description of its policies and procedures, if any exist, to safeguard
confidential information. The Contractor must designate one individual who shall remain the responsible authority in
charge of all data collected, used, or disseminated by the Contractor in connection with the performance of the
Contract. The Contractor shall provide adequate supervision and training to its agents and employees to ensure
compliance with the terms of this Contract. The private or confidential data shall remain the property of DNR at all
times. Failure by the Contractor to submit its confidentiality policies or to comply in any way with the requirements
of this paragraph shall not affect Contractor’s obligations to comply with other requirements herein. Nothing in this
paragraph shall be construed to in any way affect the Contractor’s obligations to comply with Iowa and DNR statutes
and rules applicable to confidentiality, as well as DNR policies and procedures regarding confidentiality, including
Department of Administrative Services (DAS) and DNR IT Security policies and procedures.
11.2 No Dissemination of Confidential Data. No confidential data collected, maintained, or used in the course of
performance of the Contract shall be disseminated except as authorized by law and with the written consent of DNR,
either during the period of the Contract or thereafter. Any data supplied to or created by the Contractor shall be
considered the property of DNR. The Contractor must return any and all data collected, maintained, created or used
in the course of the performance of the Contract in whatever form it is maintained promptly at the request of DNR.
11.3 Subpoena. In the event that a subpoena or other legal process is served upon the Contractor for records containing
confidential information, the Contractor shall promptly notify DNR and cooperate with DNR in any lawful effort to
protect the confidential information.
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11.4 Reporting of Unauthorized Disclosure. The Contractor shall immediately report to DNR any unauthorized disclosure
of confidential information.
11.5 Survives Termination. The Contractor’s obligation under this Contract regarding confidential materials and
information shall survive termination of this Contract.
Section 12 PROPERTY, INTELLECTUAL PROPERTY, PATENT AND COPYRIGHT
12.1 Title to Property. Title to all property furnished by DNR to Contractor to facilitate the performance of this Contract
shall remain the sole property of DNR. All such property shall be used by Contractor only for purposes of fulfilling its
obligations under this Contract and shall be returned to DNR upon the earliest of completion, termination, or
cancellation of this Contract or at DNR’s request. Contractor acknowledges that it shall acquire no interest or rights in
and to such property. Except as expressly provided in this Contract, Contractor shall not disclose or use such property
for any purpose, including pledging or encumbering it, selling or using it for monetary gain, using it to compile
mailing lists, solicit business or pursue other business activities, or otherwise. Title to all property purchased by
Contractor, for which Contractor has been reimbursed or paid by DNR under this Contract, shall pass to and vest in
the State, except as otherwise provided in this Contract.
12.2 Care of Property. Contractor shall be responsible for the proper custody and care of any DNR-owned property,
including data, databases, software, interfaces, hardware, telecommunications lines and equipment, intellectual
property and DNR Property furnished for Contractor’s use in connection with the performance of the contract.
Contractor shall exercise its best efforts to prevent damage to all such property and shall, at DNR’s request, restore
damaged property to its condition prior to the damage at the sole expense of Contractor. Such restoration shall be
complete when judged satisfactory by DNR. In the event such property cannot be restored to DNR’s satisfaction,
Contractor shall reimburse DNR for any loss or damage to such property caused by Contractor, or any agent,
contractor or subcontractor employed or utilized by Contractor. Contractor shall not take any action that would
impair the value of, or goodwill associated with, the name, property and intellectual property rights of DNR and the
State. Contractor shall obtain the prior advance written approval from DNR prior to Contractor’s use of the name,
marks or intellectual property rights of DNR or the State.
12.3 Hardware and Equipment. In the event that any hardware and other equipment owned by Contractor and used in
connection with this Contract is subject to the security interest or a legal or equitable interest by a third party who is
not a party to this Contract, Contractor shall insure in any such transactions that DNR shall be notified of a default
occurring under the instrument and if Contractor does not cure the default within the time allowed, DNR may, in its
sole discretion, cure the default by Contractor and assess or set off all costs associated with affecting cure, including
the amount in default and reasonable attorney’s fees against Contractor.
12.4 Ownership of Deliverables and Intellectual Property. Contractor agrees that the Deliverables and all intellectual
property rights and proprietary rights arising out of, embodied in, or related to, such Deliverables, shall become and
remain the sole and exclusive property of the DNR and the State. Contractor hereby irrevocably transfers, assigns
and conveys to the DNR and the State all right, title and interest in and to such Deliverables and intellectual property
rights and proprietary rights. Contractor shall take all actions as may be necessary or requested by the DNR to carry
out and effect such transfer, assignment and conveyance. Contractor represents and warrants that the DNR and the
State shall acquire good and clear title to such Deliverables, free from any claims, liens, security interests,
encumbrances or other rights or interests of Contractor or of any third party. The DNR and the State shall have the
right to obtain and hold copyrights, patents or such other registrations or intellectual property protections as may be
desirable or appropriate to the subject matter, and any extensions or renewals thereof. Contractor shall assist the
DNR and the State to obtain and secure copyrights, patents or other intellectual property rights, registrations or
protections with respect to all such Deliverables in the United States and any other countries. Contractor agrees to
execute all papers and to give all facts known to it necessary to secure United States or foreign country copyrights
and patents, and to transfer or cause to transfer to the DNR and the State all the right, title and interest in and to
such Deliverables. Contractor also agrees to waive and not assert any moral rights it may have with regard to such
Deliverables. The Contractor shall not retain any property interests or other rights in and to such Deliverables and
shall not use such Deliverables, in whole or in part, for any purpose, without the prior written consent of the DNR
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and the payment of such royalties or other compensation as the DNR deems appropriate. As the owner of such
Deliverables, the DNR and the State may, without limitation: (i) adapt, change, modify, edit or use the Deliverables as
the DNR or the State sees fit, including in combination with the works of others, prepare derivative works based on
the Deliverables, and publish, display and distribute throughout the world any Deliverable(s) in any medium,
whether now known or later devised, including, without limitation, any digital or optical medium, and (ii) make, use,
sell, license, sublicense, or lease the Deliverables and any intellectual property rights therein or related thereto
without payment of additional compensation to Contractor.
12.5 Further Assurances. At the DNR’s request, Contractor shall execute and deliver such instruments and take such other
action as may be requested by the DNR to establish, perfect or protect the State’s and the DNR’s rights in and to the
Deliverables and to carry out the assignments, transfers and conveyances required by this Contract. Contractor shall
execute any instruments, provide all facts known to it, and do all other things requested by the DNR (both during and
after the term of this Contract) in order to vest more fully in the State and the DNR any and all ownership rights and
intellectual property rights in and to the Deliverables. In the event the DNR is unable, after reasonable effort, to
secure Contractor’s signature on any letters, patent, copyright, or other analogous protection relating to the
Deliverables, for any reason whatsoever, Contractor hereby irrevocably designates and appoints the DNR, and its
duly authorized officers, employees and agents, as Contractor’s agent and attorney-in-fact, to act for and in its behalf
to execute and file any such application or applications and to do all other lawfully permitted acts to further the
prosecution and issuance of letters patent, copyright registrations, and other analogous protection, including
extensions and renewals thereon, with the same legal force and effect as if executed by Contractor.
12.6 Disputes. In any dispute over ownership or licensing rights, Contractor shall have the burden of proving prior or
independently developed rights by clear and convincing proof.
Section 13 WAIVER
Except as specifically provided for in a waiver signed by duly authorized representatives of DNR and the Contractor, failure
by either party at any time to require performance by the other party or to claim a breach of any provision of the Contract
shall not be construed as affecting any subsequent right to require performance or to claim a breach.
Section 14 NOTICE
14.1 Any and all notices, designations, consents, offers, acceptances or any other communication provided for herein shall
be given in writing by registered or certified mail, return receipt requested, by receipted hand delivery, by Federal
Express, courier or other similar and reliable carrier which shall be addressed to each party as set forth as follows in
Section 1, Special Conditions, of this Contract.
14.2 Each such notice shall be deemed to have been provided:
21.2.1 At the time it is actually received; or,
21.2.2 Within one day in the case of overnight hand delivery, courier or services such as Federal Express with
guaranteed next day delivery; or,
21.2.3 Within five (5) days after it is deposited in the U.S. Mail in the case of registered U.S. Mail.
14.3 From time to time, the parties may change the name and address of a party designated to receive notice. Such
change of the designated person shall be in writing to the other party and as provided herein.
Section 15 CUMULATIVE RIGHTS
The various rights, powers, options, elections and remedies of any party provided in this Contract, shall be construed as
cumulative and not one of them is exclusive of the others or exclusive of any rights, remedies or priorities allowed either
party by law, and shall in no way affect or impair the right of any party to pursue any other equitable or legal remedy to
which any party may be entitled as long as any default remains in any way unremedied, unsatisfied or undischarged.
Section 16 TIME IS OF THE ESSENCE
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Time is of the essence with respect to the performance of the terms of this Contract.
Section 17 RECORD RETENTION AND ACCESS
The Contractor shall maintain books, records and documents which sufficiently and properly document and calculate all
charges billed to DNR throughout the term of this Contract for a period of at least five (5) years following the date of final
payment or completion of any required audit, whichever is later. Records to be maintained include both financial records
and service records. The Contractor shall permit the Auditor of the State of Iowa or any authorized representative of the
State and where federal funds are involved, the Comptroller General of the United States or any other authorized
representative of the United States government, to access and examine, audit, excerpt and transcribe any directly
pertinent books, documents, papers, electronic or optically stored and created records or other records of the Contractor
relating to orders, invoices or payments or any other documentation or materials pertaining to this Contract, wherever
such records may be located. The Contractor shall not impose a charge for audit or examination of the Contractor’s books
and records.
Section 18 OBLIGATIONS BEYOND CONTRACT TERM
This Contract shall remain in full force and effect to the end of the specified term or until terminated or canceled pursuant
to this Contract. All obligations of DNR and the Contractor incurred or existing under this Contract as of the date of
expiration, termination or cancellation will survive the termination, expiration or conclusion of this Contract.
Section 19 DELAY OR IMPOSSIBLITY OF PERFORMANCE
The Contractor shall not be in default under this Contract if performance is delayed or if Contractor may not reasonably
perform the Contract due to an act of God, flood, fire or similar events. In each such case, the delay or impracticability must
be beyond the reasonable control and anticipation of the Contractor, and without the fault or negligence of the Contractor.
If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances which by
the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then the Contractor
shall be in default and this paragraph shall not be applicable. It shall be the responsibility of the Contractor to prove that
performance was delayed or impracticable within the meaning of this paragraph.
Section 20 SUPERSEDES FORMER CONTRACTS OR AGREEMENTS
Unless this Contract is an amendment to a Contract entered into between DNR and Contractor and is designated as such,
then this Contract supersedes all prior contracts or agreements between DNR and the Contractor for the services provided
in connection with this Contract.
Section 21 USE OF THIRD PARTIES AND SUBCONTRACTORS
Contractor may not contract with third parties for the performance of any of Contractor’s obligations under this Contract,
unless and then only to the extent that the Special Conditions of this Contract specify otherwise. If the Special Conditions
provide for a subcontractor or subcontractors, then the following conditions shall apply:
21.1 All subcontracts shall be subject to prior approval by the DNR. The DNR’s consent shall not be deemed in any way to
provide for the incurrence of any obligation of DNR in addition to the remuneration agreed upon in this Contract.
Any subcontract to which DNR has consented shall be in writing and shall in no way alter the terms and conditions of
this Contract.
21.2 The Contractor may enter into subcontracts to complete the work required by this Contract provided that the
Contractor remains responsible for all services performed under this Contract. No subcontract or delegation of work
shall relieve or discharge the Contractor from any obligation, provision, or liability under this Contract. The
Contractor shall remain responsible for such performance and shall be fully responsible and liable for all acts or
omissions of any subcontractor.
21.3 All restrictions, obligations and responsibilities of the Contractor under this Contract also shall apply to the
subcontractors.
21.4 DNR shall have the right to request the removal of a subcontractor from the Contract for good cause. The Contractor
shall indemnify, defend and hold harmless DNR and the State from and against any and all claims, demands,
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 29
liabilities, suits, actions, damages, losses, costs and expenses of every kind and nature whatsoever arising as a result
of Contractor’s breach of any subcontract in which it enters, including Contractor’s failure to pay any and all amounts
due by Contractor to any subcontractor.
21.5 Each subcontract shall contain provisions for DNR access to the subcontractor’s books, documents, and records and
for inspections of work, as required of Contractor herein.
21.6 Any action of a subcontractor, which, if done by Contractor, would constitute a breach of this Contract, shall be
deemed a breach by Contractor and have the same legal effect.
21.7 If delay results from a subcontractor’s conduct, from the Contractor’s negligence or fault, or from circumstances
which by the exercise of reasonable diligence the Contractor should have been able to anticipate or prevent, then
the Contractor shall be in default and Section 21, “Delay of Impossibility of Performance,” shall not be applicable.
21.8 If the Contract is subject to the provisions of Iowa Code chapter 8F, then the Contractor shall comply with Iowa Code
chapter 8F with respect to any subcontract Contractor enters into pursuant to this Contract. Any compliance
documentation, including but not limited to certification, received from any subcontractor shall be forwarded to DNR
immediately.
Section 22 SELF-INSURANCE BY THE STATE OF IOWA
Pursuant to Iowa Code chapter 669, DNR and the State of Iowa are self-insured against all risks and hazards related to this
Contract. No separate fund has been established to provide self-insurance, and the State of Iowa is not obligated to
establish any such fund during the term of this Contract.
Section 23 INDEMNIFICATION
Only to the extent as may be allowable by law, the parties agree to indemnify and hold harmless one another for any and
all costs, expenses, losses, claims, damages, liabilities, settlements and judgments, related to or arising from any breach of
this Contract; or any negligent, intentional or wrongful act or omission of the Contractor or any agent or subcontractor
utilized or employed by the Contractor.
Section 24 IMMUNITY FROM LIABILITY
Every person who is a party to the Contract is hereby notified and agrees that the State, DNR, and all of their employees,
agents, successors, and assigns are immune from liability and suit for Contractor’s and subcontractors’ activities involving
third parties arising from the Contract.
Section 25 NON-SUPPLANTING REQUIREMENT
To the extent required by federal or state law, federal and state funds made available under this Contract shall be used to
supplement and increase the level of state, local, and other non-federal funds that would in the absence of such federal
and state funds be made available for the programs and activities for which funds are provided and will in no event take
the place of state, local, and other non-federal funds.
Section 26 TAXES
The State is exempt from federal excise tax, and no payment will be made for any taxes levied on Contractor’s employees’
wages. The State is exempt from state and local sales and use taxes on the Deliverables.
Section 27 INFORMATION TECHNOLOGY SECURITY
To the extent the Contractor uses information technology resources of the state of Iowa, the following terms and
conditions shall apply:
27.1 Contractor and all Contractor personnel shall comply with Iowa information technology security statutes, rules and
policies.
Intergovernmental Services Special and General Conditions; 21-ESD-WQB-KAMEN-0001; Page 30
27.2 By signing this contract, the Contractor acknowledges that the Contractor has read and understands the provisions of
the information technology security policies adopted by the Iowa Office of the Chief Information Officer (OCIO) and
DNR in effect on the date of signing.
27.3 The Contractor further agrees to read and abide by any revised OCIO and DNR policies, posted on the respective
agency websites, that come into effect during the term of this Contract.
Section 28 NONDISCRIMINATION IN EMPLOYMENT
The parties, their employees, agents, and subcontractors shall not engage in discriminatory employment practices which
are forbidden by federal or state law, executive orders, and rules of the Iowa Department of Administrative Services. The
parties, their employees, agents, and subcontractors shall comply with all applicable federal, state, and local laws, rules,
ordinances, regulations, orders when performing under the Contract, including without limitation, all laws applicable to the
prevention of discrimination in employment (e.g., Iowa Code chapter 216 and section 19B.7) and the use of targeted small
businesses as subcontractors and suppliers. Upon the State’s written request, each party shall submit to the State a copy of
its affirmative action plan, containing goals and time specifications, and accessibility plans and policies as required under 11
Iowa Administrative Code chapter 121.
The parties, their employees, agents and subcontractors shall also comply with all federal, state, and local laws,
including any permitting and licensure requirements, in carrying out the work performed under this Contract.
In the event either contracts with third parties for the performance of any of its obligations under this Contract, that party
shall take such steps as necessary to ensure such third parties are bound by the terms and conditions contained in this
section.
Section 29 USE OF FEDERAL FUNDING
This provision is applicable only if federal funds constitute a part of the payment to be rendered under this Contract. The
parties shall comply with all applicable federal requirements, including but not limited to 2 CFR Chapter I, Chapter II, Part
200, et al. (Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards; Final Rule)
and EPA general terms and conditions which may be found at: https://www.epa.gov/grants/epa-general-terms-and-
conditions-effective-october-1-2018
1
ITEM #13
DATE:02-09-21
COUNCIL ACTION FORM
SUBJECT: 2020/21 SHARED USE PATH SYSTEM EXPANSION – VET MED
TRAIL (S. 16TH STREET TO S. GRAND AVENUE)
BACKGROUND:
This program provides for construction of shared use paths on street rights-of-way,
adjacent to streets, and through greenbelts. The Long-Range Transportation Plan
(LRTP) identifies those paths that separate bicycle traffic from higher-speed automobile
traffic. This project will pave the existing granular Vet Med Trail from S. 16th Street
to a connection with the S. Grand Avenue shared use path.
The construction of this project is shown in the 2020/21 Capital Improvements Plan with
$461,000 in Local Option Sales Tax and $159,000 in MPO Transportation Alternatives
Program (TAP) funds. It is anticipated that the project will have a Fall 2021 letting
though the Iowa DOT with construction possible in late 2021, but most likely in 2022.
ALTERNATIVES:
1. Approve the Iowa DOT Agreement for TAP funding for the 2020/21 Shared Use
Path System Expansion – Vet Med Trail (S. 16th Street to S. Grand Avenue)
project.
2. Reject the Agreement.
CITY MANAGER'S RECOMMENDED ACTION:
Approval of this agreement with the Iowa DOT must happen before moving forward with
bid letting and construction of this project. Delay or rejection of this agreement could
delay this path improvement project and could require additional funding.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
ITEM # 14
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: DEDICATION OF RIGHT-OF-WAY FROM 2110 S. DUFF AVENUE
BACKGROUND:
As part of the FY 2020/21 US Highway 69 Improvements project, Billy Sunday Road will
be widened to provide a westbound right turn lane at the new intersection with S. Duff
Avenue. Currently, the property line on the north side of Billy Sunday Road is
approximately 5-6’ behind the existing edge of pavement. The adjacent property is
public property owned by the City of Ames.
In order to accommodate the additional width of improvements to Billy Sunday
Road, as well as the relocation of affected utilities, staff is proposing the
dedication of the south 25’ of the 2110 S. Duff Avenue property for street right-of-
way as shown in the attached Exhibit “A”, which currently is non-right-of-way
property owned by the City of Ames. It is worth noting the United States Army
Reserve Center has a long-term lease on this property; however, the lease area is not
impacted by this dedication.
ALTERNATIVES:
1. Approve the dedication of right-of-way as described in Exhibit “A” for the FY
2020/21 US Highway 69 Improvements project.
2. Rather than dedicate right-of-way, direct staff to draft a public utility easement
that would allow for road construction and relocation of public and private utilities.
3. Maintain existing right-of-way.
CITY MANAGER'S RECOMMENDED ACTION:
Dedication of this ROW area will allow for the widening of Billy Sunday Road to occur
within City right-of-way and will provide space for right-of-way users to install utilities.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
BOUNDARY DESCRIPTION
THE SOUTH 25 FEET OF A PARCEL DESCRIBED IN PART OF THE NORTHEAST QUARTER OF SECTION 14, TOWNSHIP 83 NORTH, RANGE 24 WEST OF
THE 5 TH P.M., IN THE CITY OF AMES, STORY COUNTY, IOWA, RECORDED IN BOOK 150, PAGE 224 OF T.L.D., IN THE STORY COUNTY RECORDERS
OFFICE. THE RECORD DESCRIPTION IS AS FOLLOWS:
COMMENCING AT THE CENTER OF SECTION 14; THENCE N 0°00’ E 664.16 FEET ON THE WEST LINE OF SAID NORTHEAST QUARTER: THENCE S
89°33’ E, 146.0 FEET TO THE POINT OF BEGINNING; THENCE N0°00’ E 202.80 FEET; THENCE N 28°17’ E 110.25 FEET; THENCE N 51°12’ E 139.95
FEET; THENCE N 67°19’ E 646.61 FEET; THENCE N 73°14’ E 199.78 FEET; THENCE N 82°04‐1/2’ E 202.78 FEET; THENCE N 84°46‐1/2’ E 470.74
FEET; THENCE S 0°00‐1/2’ W 778.25 FEET TO THE SOUTH LINE OF THE NORTH 120 ACRES OF SAID NE ¼; THENCE N 89°33’ W 1618.50 FEET ON
SAID SOUTH LINE TO THE POINT OF BEGINNING; CONTAINING 22.61 ACRES, MORE OR LESS.
OWNER: CITY OF AMES
ITEM # ___15__
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: PROCUREMENT OF UV BULBS AT WATER POLLUTION CONTROL
FACILITY
BACKGROUND:
In 2011, the discharge permit for the Water Pollution Control Facility (WPCF) was
modified to require disinfection of the treated water prior to release back into the
environment. The WPCF utilizes an ultraviolet (UV) disinfection technology. UV
disinfection is critical to the treatment process and is the primary mechanism for the
inactivation/destruction of pathogenic organisms to prevent the spread of waterborne
diseases to downstream users.
The effectiveness of a UV disinfection system depends significantly on the intensity of UV
radiation. The primary factor affecting the intensity is the age of the bulbs. As bulbs age,
the light intensity drops off, reducing the efficiency of the disinfection process. The
manufacturer recommends that bulbs be replaced every two years. To split the cost
between fiscal years, staff recommends replacing half of the bulbs each year.
Photographs of the WPCF ultraviolet disinfection system in operation.
In the past, staff has purchased replacement bulbs from an aftermarket manufacturer.
The bulbs performed poorly which led to difficulties with operation of the system. Moving
forward, staff is recommending the purchase of replacement bulbs manufactured by
TrojanUV, the original manufacturer of the UV system. W&PC staff worked with the
Purchasing Division to ensure this sole source purchase complies with the adopted
Purchasing Policies.
Due to the large quantity of bulbs, staff has worked with the vendor to receive a price
quote in the amount of $50,746.26 for materials and $500 for shipping, for a total price of
$51,246.26. Staff has budgeted $125,500 for equipment repair items in the FY 2020/21
WPCF operations budget.
ALTERNATIVES:
1. A. Approve a waiver of the City’s purchasing policy requirement for competitive
bidding, thereby allowing sole source procurement of OEM bulbs for the UV
disinfection system at the Water Pollution Control Facility.
B. Approve the award of the sole source procurement of bulbs from MC2 of Des
Moines, Iowa in the amount of $51,246.26.
2. Direct staff to solicit quotations for replacement bulbs from an aftermarket
manufacturer(s). Based on recent experience, staff believes that using non-OEM
bulbs could jeopardize the performance of the disinfection system.
3. Do not authorize the procurement of replacement UV bulbs from any source at this
time. Failure to replace the bulbs will eventually result in a violation of the WPCF’s
discharge permit and an increase in bacterial levels in the South Skunk River.
CITY MANAGER’S RECOMMENDED ACTION:
As ultraviolet bulbs age, the light intensity drops off, reducing the efficiency of the
disinfection process. Proper maintenance of the UV system, including timely replacement
of the bulbs, helps protect water quality in the South Skunk River and ensures continued
permit compliance. Because of recent experience with poor performance of bulbs
purchased from aftermarket manufacturers, staff is recommending replacement bulbs be
procured from the original equipment manufacturer. Therefore, it is the recommendation
of the City Manager that the City Council adopt Alternative No. 1, as described above.
1
ITEM #: ___16__
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: AWARD OF CONTRACT - 5-YEAR ENTERPRISE AGREEMENT FOR
CISCO SECURITY SOFTWARE
BACKGROUND:
Over the past 20 years, the City has provided content-filtering services for the City’s
information technology network. This service has grown increasingly complex over time,
with different hardware products and different associated management software.
As part of a consultant evaluation of the City’s networks, it was recommended that Cisco’s
Umbrella and Identity Services Engine (ISE) products should be implemented to provide
improved security and management of the City’s network. ISE provides internal network
access control (who can access the City’s network), and Umbrella provides protection
against external, internet-based threats. These products would supplement the City’s
existing use of Duo, which is a multi-factor authentication product. Multi-factor
authentication software (such as Duo) requires users to confirm their identity on a second
device when a login is attempted.
The City currently does not have an integrated, manageable way to protect city
employees from accidental clicks associated with spear-phishing attacks (personalized,
targeted attempts to steal sensitive information) through email, web, or other electronic
means. The possibility of a spear-phishing attack was evaluated by the consultant, and it
was determined the impact of such an attack would be a significant cost to repair and a
loss of employees’ time.
Umbrella provides software to actively protect City employees from spear-phishing
attacks. A 10-user license for Umbrella was purchased for testing by IT staff, which was
successful in blocking targeted types of content and incoming threat types on computers
in all City buildings, including high-profile, public venues such as City Hall, Furman
Aquatic Center, Ames Municipal Pool, and Homewood Golf Course. Additionally, this
software allows existing hardware such as firewall content filters to be retired.
The addition of ISE will provide better Wi-Fi access control and allow the City to
segregate public Wi-Fi traffic from other City network traffic. This will allow our
network to block unauthorized computers from access to City networks and digital
services.
Bid documents were issued to 24 companies through the AmesBids site for a 5-year
agreement for the three Cisco products Duo, ISE, and Umbrella, and 24/7 software
support. On January 26, 2021, one bid was received:
2
BIDDER TOTAL 5-YEAR COST
Information Services staff evaluated the bid and determine it is acceptable. The proposal
from Carrier Access recognizes that the City has a current contract with CDW-G for the
Duo multi-factor authentication product. Therefore, Carrier Access is providing a credit of
$28,302, as well as an additional credit of $2,600.00 for the City’s existing Firepower
Threat Defense (FTD) devices.
The 5-year Carrier Access proposal is $166,010.80, to be paid annually ($33,202.16).
Additionally, in November 2020, the City obtained a quote for the software and support
for an annual contract in the amount of $51,336.00 per year, which does not include
credits for the current Duo contract or FTD devices. In selecting the 5-year proposal the
City will realize an annual savings of $18,133.84 per year.
Funding for the Cisco Software will be from a pool of funding budgeted for City technology
operations. The current cost estimate for the Cisco Software is $160,000.
ALTERNATIVES:
1. Award a contract to Carrier Access IT LC, Clive, Iowa, for a 5-year Enterprise
Agreement for Cisco Security Software (Umbrella, ISE & Duo) in the amount of
$166,010.80, to be paid $33,202.16 annually.
2. Reject the bid and ask City staff to seek an annual agreement with a Cisco reseller.
CITY MANAGER’S RECOMMENDED ACTION:
Cisco is the number one provider of networking software in the United States. The
software package integrates natively with the City’s current network infrastructure, using
Cisco software on Cisco hardware.
This software will add value to the efficient operations of the City, including a significant
reduction in security risk and in the complexity in the City’s networking operations; a single
management software interface will be implemented instead of needing a separate
management software program for each hardware firewall.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
ITEM # ____17__
DATE 02-09-21
COUNCIL ACTION FORM
SUBJECT: FLOOD MITIGATION – RIVER FLOODING TREE CLEARING
BACKGROUND:
On February 11, 2020, City Council approved the FEMA grant funding agreement for the
stream bank restoration project providing flood mitigation in the Squaw Creek channel.
A central component includes conveyance improvements within the channel
approximately 2,000 feet either side of the South Duff Avenue bridge. The cost share
amounts for this grant are as follows:
Funding
Funding Amount % of Cost
Total:$ 4,996,600.00 100%
Final design has been submitted with permit applications to Army Corps of Engineers and
Iowa DNR. Land acquisition is in the process including landowner meetings, title
opinions, and appraisal reports being written.
Due to threatened and endangered species (two bat species) requirements, tree
removal needs to be completed prior to April 1, 2021 or else not until November
(which would push the project close to the FEMA completion deadline of June 19,
2022). The land acquisition agent is approaching landowners about concurring
with this tree removal prior to closing on the respective properties. These plans
for tree removal were developed with a Base Bid for activities on City-owned
property and then including Add Alternates for each of the other parcels that agree
(prior to award of bid) to allow tree removal to occur. This will enable an award to
be recommended based on who has provided concurrence at the time of bids being
received.
ALTERNATIVES:
1. Approve the Flood Mitigation – River Flooding Tree Clearing project by
establishing February 24, 2021, as the date of letting and March 9, 2021, as the
date for report of bids.
2. Direct staff to revise the project.
MANAGER’S RECOMMENDED ACTION:
Due to Story County being within the territory for threatened and endangered species of
two kinds of bats, tree clearing needs to take place prior to April 1 or else wait until
November, which would further delay the flood mitigation project and result in a tighter
construction window, potentially extending the project beyond the FEMA project
completion deadline of June 19, 2022.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM # ___18__
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: TOP O HOLLOW SUBSTATION CONSTRUCTION – APPROVAL OF
CHANGE ORDER #7 AND CONTRACT COMPLETION FOR PRIMORIS
AEVENIA, INC.
BACKGROUND
On March 8, 2018, City Council awarded a contract to Primoris Aevenia, Inc. of Johnston,
Iowa in the amount of $1,511,291.16 to convert the existing single underground 69kV
transmission tap connection at the Top-O-Hollow substation to a more reliable dual-
source transmission connection, including the necessary relaying and breakers for high-
speed line and transformer protection. The Engineer’s estimate of the cost of the
construction was $1,620,000.
The scope of this project includes the replacement and expansion of the existing 13.8kV
metalclad switchgear to provide the addition of a main breaker and replacement of
obsolete airblast breakers and electromechanical relays with vacuum-interrupter
breakers, microprocessor-based relaying equipment, the addition of 69kV line breakers
and the addition of a 13.8kV capacitor bank for power factor correction.
There were six change orders to the Primoris Aevenia, Inc. contract, which are detailed
below:
Change Order #1: On June 1, 2018, was done to modify units/price changes. No
change to contract total.
Change Order #2: On November 7, 2018, was done to modify units/price changes.
No change to contract total.
Change Order #3: On April 10, 2019, was done to modify units/price changes and
dates. No change to contract total.
Change Order #4: On July 24, 2019, was done to modify units/price changes. No
change to contract total.
Change Order #5: On September 17, 2019, was done to modify units/price changes.
No change to contract total.
Change Order #6: On November 27, 2019, was done to modify units/price changes.
No change to contract total.
Change Order #7: To balance the contract for final payment. Deduct $96,500 for
liquated damages and $45,588.78 for unused Construction Allowances
2
(contingency). The liquidated damages result from considerable construction delays
on the part of the contractor exceeding the contractual completion date of the project
by more than a year.
The total contract amount, including these seven change orders is $1,369,202.38.
All of the requirements of the contract have been met by Primoris Aevenia, Inc. and the
Engineer has provided a certificate of completion.
ALTERNATIVES:
1. Approve Change Order No. 7 to deduct $142,088.78 from the contract to balance
the purchase order, accept completion of the contract with Primoris Aevenia, Inc.
of Johnston, Iowa for the Top O Hollow Substation Construction, and release the
5% retainage being held per the contract terms and conditions.
2. Delay acceptance of this project.
CITY MANAGER’S RECOMMENDED ACTION:
The contractor for the Top O Hollow Substation Construction has completed the work
under the contract, and the City is obligated to make the final payment to the vendor.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
Smart Choice
MEMO
515.239.5105 main
fax
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: February 9, 2021
Subject: Contract and Bond Approval
There is/are no Council Action Form(s) for Item No(s). 19. Council approval of the
contract and bond for this/these project(s) is simply fulfilling a State Code requirement.
/alc
Smart Choice
Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811
Engineering 515.239.5404 fa Ames, IA 50010
www.CityofAmes.org
Public Works Department
515 Clark Avenue, Ames, Iowa 50010
Phone 515‐239‐5160 Fax 515‐239‐5404
February 4, 2021
Honorable Mayor and Council Members
City of Ames
Ames, Iowa 50010
RE: LDY Subdivision, 1st Addition Financial Security Release
Mayor and Council Members:
I hereby certify that sidewalk installation required as a condition for approval of the final plat of
LDY Subdivision, 1st Addition has been completed in an acceptable manner.
As a result of this certification, it is recommended that the financial security in the amount of
$27,700 for sidewalk improvements, on file with the City for this subdivision, be released in full.
Sincerely,
John C. Joiner, P.E.
Director
JJ/tp
cc: Finance, Planning & Housing, Subdivision file
Item No. 20
1
ITEM #__21__
DATE: 02-9-21
COUNCIL ACTION FORM
SUBJECT: COMPLETION OF CONTRACT FOR AMES/ISU ICE ARENA LIGHTING
REPLACEMENT PROJECT
BACKGROUND:
This project included replacing the metal halide lighting over the ice with energy efficient
fixtures at the Ames/ISU Ice Arena. Also included in the project was dimming controls and
dimmable LED lamps so the lighting could be dimmed 100% to 10%. KCL Engineering,
West Des Moines, Iowa was hired to develop plans and specifications, prepare a cost
estimate, and provide project management. Van Maanen Electric, Inc., Newton, Iowa was
awarded the contract on June 14, 2016 in the amount of $44,846.
Van Maanen Electric completed the project in accordance with specifications and the
installation was verified by KCL Engineering. However, it was discovered that KCL
Engineering mistakenly approved and authorized the installation of a fixture that
didn’t meet the specifications for required foot candles over the ice. This resulted in
a delay of the final completion of the project. KCL Engineering eventually found an
alternate fixture that met the plans and specifications and paid for all costs associated with
procuring and installing the new fixtures and removal of the wrong ones.
The total cost of the project was $44,846, while the amount budgeted was $20,000. The
remainder was from a reallocation of savings of $19,006 for the Ice Arena Flooring Project
and $5,840 in rebates.
ALTERNATIVES:
1. Accept completion of the contract for the Ames/ISU Ice Arena Lighting
Replacement Project with Van Maanen Electric, Inc, Newton, Iowa in the amount
of $44,846.
2. Do not accept the completion of the Ames/ISU Ice Arena Lighting Replacement
Project with Van Maanen Electric, Inc, Newton, Iowa in the amount of $44,846.
CITY MANAGER’S RECOMMENDED ACTION:
The Ames/ISU Ice Arena is 20 years old and jointly owned by the City of Ames and ISU,
located on ISU property, and managed by the City. The facility is very well known
throughout Iowa as one of the nicest arenas because of how well it is taken care of. The
LED lights over the playing surface are an important upgrade to the arena as now the
required foot candles for an NCAA college hockey game are met. In addition, the dimming
2
controls allow staff to adjust light levels for individual programs and ice user group needs,
which will lead to annual energy savings.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative #1 as described above.
ITEM # __ 22___
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: WATER TREATMENT PLANT MAINTENANCE AND STORAGE
BUILDING
BACKGROUND:
On December 10, 2019, Council awarded a contract to Happe Commercial of Ankeny,
Iowa, in the amount of $152,800 for erection of a Maintenance and Storage Building at
the Water Treatment Plant. The storage building allows for the safe storage of flammable
materials (such as oils, grease, fuels, solvents, and other maintenance chemicals) in a
separate structure, reducing the potential for a fire that could damage and/or incapacitate
the treatment facility. One of the three bays is heated, and the other two are for cold
storage.
Two change orders totaling $2,838 were executed bringing the adjusted contract price to
$155,638.
The revised project expenses are shown below.
Permits, Fees, Misc. $ 1,210
Happe Commercial (Contractor)
Original Contract 152,800
Change Order #1 1,026
Change Order #2 1,812
Total Project Expenses $ 156,848
The authorized budget for the WTP Maintenance and Storage building is $162,800.
All payments and remaining encumbrances total $156,848, leaving a remaining
unspent balance of $5,952 in the project budget.
All work under the contract in accordance with the plans and specifications was
completed on January 15, 2021. A Statement of Completion has been prepared by staff,
and the project is now ready for acceptance by the City Council.
ALTERNATIVES:
1. Approve completion and authorize final payment, in accordance with the contract, to
Happe Commercial of Ankeny, Iowa.
2. Do not accept completion of the Water Treatment Plant Maintenance and Storage
Building at this time and provide direction to staff on the actions needed to close out
the contract.
CITY MANAGER’S RECOMMENDED ACTION:
A contract to construct the Water Treatment Plant Maintenance and Storage Building was
awarded by Council on December 10, 2019. All work for the project has been completed
in accordance with plans and specifications. Therefore, it is the recommendation of the
City Manager that the City Council adopt Alternative No. 1, as described above.
ITEM # ___ 23__
DATE: 02/09/21
COUNCIL ACTION FORM
SUBJECT: ACCEPT COMPLETION OF YEAR FOUR OF THE WATER PLANT WELL
REHABILITATION CONTRACT
BACKGROUND:
On May 9, 2017, City Council awarded a well rehabilitation contract to Northway Well and
Pump Company of Waukee, Iowa. The contract offered optional annual renewals to
rehabilitate additional wells over the next four years (for a maximum total of five years).
On May 26, 2020, City Council exercised the third option to award a contract to Northway
Well and Pump Company of Waukee, Iowa, in the amount of $82,987.56 to rehabilitate
four of the City’s 22 drinking water wells. This was Year Four of the possible five years.
The Water Treatment Plant operating budget (FY 2020/21) allocated $83,540 for the
rehabilitation of four wells and an additional $20,000 for any needed repairs. Additional
repairs needed in this year’s contract resulted in change orders totaling $7,395.50. The
cost to rehabilitate and repair four wells in this contract totaled $90,383.06.
All work for this year’s contract has been successfully completed as of January 20, 2021.
An Engineer’s Statement of Completion has been filed with the City Clerk. The contract
is now ready for Council’s final acceptance.
Staff intend to bring an award for the fifth and final year to Council for approval later in
the spring.
ALTERNATIVES:
1. Accept final completion of Year Four of the five-year Water Plant well rehabilitation
contract in the amount of $90,383.06.
2. Do not accept final completion of Year Four of the Water Plant well rehabilitation
contract at this time and provide direction to staff regarding steps needed to close out
the contract.
CITY MANAGER’S RECOMMENDED ACTION:
Year Four of the well rehabilitation contract has been successfully completed in
accordance with the City’s plans and specifications, and an Engineer’s Statement of
Completion has been received. Therefore, it is the recommendation of the City Manager
that the City Council adopt Alternative No. 1, as described above.
1
ITEM #__24 __
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: SUNSET RIDGE SUBDIVISION AMENDED PRELIMINARY PLAT,
11TH ADDITION
BACKGROUND:
Hunziker Land Development, LLC is requesting approval of an amended Preliminary Plat
for the Sunset Ridge Subdivision. Sunset Ridge Subdivision is a residential development
of 106.1 acres that was originally approved by the City Council on June 8, 2004 and
amended on October 24, 2006 and October 23, 2012.
The Preliminary Plat amendment was required due to the addition of two single-family
lots in the 10th Addition that necessitated an update to the project prior to additional
platting. The Amended Preliminary Plat specially address development details for the 11th
Addition along with updates to the overall plat. The proposed change results in a total of
235 FS-RL residential lots on 56.7 acres for a net density of 4.14 lots per acre. (See
separate attachment). Although this is a gain of two lots, the 2012 Preliminary Plat also
indicated a total of 235 FS-RL lots, due to an error in the calculation.
Based on the amended Preliminary Plat, the development at completion will include
a total of 235 FS-RL residential units, 35 F-PRD residential units and 21.3 acres of
green space. The land use and zoning will continue as currently designated.
Conditions and requirements of the previously approved Development Agreement
still apply.
RECOMMENDATION OF THE COMMISSION:
At its meeting of February 3, 2021, with a vote of 6-0, the Planning and Zoning
Commission recommended approval of the amended Preliminary Plat for Sunset Ridge
Subdivision.
ALTERNATIVES:
1. Based upon the findings and conclusions stated herein, the City Council can
approve the amended Preliminary Plat for Sunset Ridge Subdivision.
2. The City Council can deny the amended Preliminary Plat for Sunset Ridge
Subdivision.
3. Action on this request can be postponed and referred back to City staff and/or the
applicant for additional information.
CITY MANAGER’S RECOMMENDED ACTION:
The amended Preliminary Plat is consistent with the Zoning Ordinance, Subdivision
Ordinance standards, and the Land Use Policy Plan. Therefore, it is recommended that
the Council act in accordance with Alternative #1 which is to approve the amended
Preliminary Plat for Sunset Ridge Subdivision, with the condition that all easement
documents be reviewed prior to final plat approval for Sunset Ridge 11th Addition.
ADDENDUM
Project Description.
Sunset Ridge Subdivision is a residential development of 106.1 acres and 235 FS-RL
residential lots and 35 F-PRD lots. It was originally configured to allow for single-family
detached homes and commercial development along the south border of the
development abutting Lincoln Way. The commercial portion (4.6 acres) was rezoned to
F-PRD (Planned Residence District) in 2015 and developed as townhomes and single-
family residential. Most of the development (101.5 acres) is zoned FS-RL (Suburban Low
Density Residential). Final Plats have been recorded for all but the 11th Addition.
Density Requirements. These changes are in conformance with the minimum density
requirement of 3.75 dwelling units per net acre for the FS-RL zoned area as outlined in
the City’s Zoning Ordinance. The overall net density for the area zoned as “FS-RL” is 4.14
dwelling units per net acre.
The land use and zoning will continue as it is currently designated.
In summary:
• Residential (FS-RL) 56.7 acres 53.4%
• Residential (F-PRD) 4.6 acres 4.3%
• Right-of-Way 21.2 acres 20.0%
• Greenspace 21.3 acres 20.1%
• Reserved 2.3 acres 2.2%
Total 106.1 acres
Utilities, Easements, and Sidewalks. The site is fully served by City infrastructure.
Sanitary sewer and water are available, as is electric services. In accordance with City
policies, it is anticipated that public infrastructure will be constructed and inspected prior
to final platting. Required easements are recorded with the Final Plat for each Addition.
A 10’ wide shared use path is included along 500th Avenue located within Outlot “U” and
along the rear of lots 7-14. It connects to the internal shared use network. According to
the Developer’s Agreement, the Homeowner’s Association will maintain all pathways
within the development.
Sidewalks are included along all public streets. Newer areas including the 9th, 10th and
11th Additions include 5-foot sidewalks. Previous additions included 4-foot sidewalks.
Standard practice has been to defer sidewalk installation under the provisions of a
Improvement Agreement and provide security in the form of an Improvement Guarantee.
The street layout for the proposed Preliminary Plat and Master Plan is consistent with the
previously approved plans.
Storm Water Management. Public Works Department has reviewed the Storm Water
Management Plan and finds that the proposed development can meet the current
required storm water quantity and quality measures. The site generally drains from the
west to the east. The storm water will be detained in the proposed detention ponds and
then conveyed through to Clear Creek located to the north and east of the subject site.
The rate of storm water run-off will not be increased above the pre-development rate of
run-off. The COSESCO and SWPPP for the 11th Addition will be submitted before grading
occurs.
Street Tree Plan. The developer has submitted a Street Tree Plan, as required by the
Subdivision Ordinance. The Street Tree Plan is consistent with the layout of previously
approved plan; however, additional trees have been included along the frontage of Ellston
Avenue where two lots were added. The new Plan includes a selection of trees from the
City’s Approved List of Street Trees, revised in 2015 and includes a combination of
Hackberry, Thornless Honeylocust, Kentucky Coffeetree, Tuliptree, Northern Red Oak,
American Linden, Sycamore, Elm, Scarlet Oak, and Littleleaf Linden trees. The tree
selection varies from what was originally approved for the subdivision.
Sunset Ridge Subdivision Development Agreements. A Development Agreement for
the Sunset Ridge Subdivision was adopted June 14, 2005. Subsequently, a First
Amendment (addressing construction of sanitary sewer improvements within the 4th
Addition) was adopted on April 27, 2010 and a Second Amendment (addressing the
number and locations of street extensions and costs associated with the extra width and
thickness of collector streets) on October 23, 2012. No amendments are required.
Applicable Law. Laws pertinent to the proposal are described on Attachment B –
Applicable Law. Pertinent for the Planning and Zoning Commission are Sections
23.302(3) and 23.302(4).
Public Notice. Notice was mailed to property owners within 200 feet of the Sunset Ridge
11th Addition and a sign was posted on the subject property, prior to the Planning & Zoning
Commission Meeting.
Attachment A: Location Map
Attachment B: Applicable Subdivision Law
Applicable Subdivision Law
The laws applicable to the amendment to the Preliminary Plat for Sunset Ridge
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 23.107 reads as follows:
In addition to the requirements of the Regulations, all plats of land must comply with
all other applicable City, county, state and federal statutes or regulations. All
references in the Regulations to other City, county, state or federal statutes or
regulations are for informational purposes only, and do not constitute a complete list
of such statutes or regulations. The Regulations are expressly designed to
supplement and be compatible with, without limitation, the following City plans,
regulations or ordinances:
(1) Land Use Policy Plan
(2) Zoning Ordinance
(3) Historic Preservation Ordinance
(4) Flood Plain Ordinance
(5) Building, Sign and House Moving Code
(6) Rental Housing Code
(7) Transportation Plan
(8) Parks Master Plan
(9) Bicycle Route Master Plan
Plats may be disapproved on the basis of the above, and other City Council
approved plans and policies that may be adopted from time to time.
Ames Municipal Code Chapter 23, Subdivisions, Division III, provides the procedures for
the subdivision of property; specifically Section 23.302 discusses Major Subdivisions:
Ames Municipal Code Section 23.302(5):
(3) 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.
Ames Municipal Code Section 23.302(6):
(4) 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.
Ames Municipal Code Section 23.306(2):
Describes the process for amending the design, layout, configuration, circulation pattern,
access, or dimensions of a preliminary or final plat and states that major amendments
shall be processed as an amendment to the original preliminary plat. An application for a
major amendment shall include all information required for a preliminary plat application,
except that information pertaining to ownership, and information pertaining to existing
physical features or structures, shall be required only for those areas of the plat affected
by the amendment...
Ames Municipal Code Chapter 23, Subdivisions, Division IV, identifies design and
improvement standards for subdivisions.
Ames Municipal Code Section 23.403(14) & (15) requires installation of sidewalks and
walkways and bikeways in subdivisions.
Ames Municipal Code Chapter 29, Zoning, Section 29.1202, includes standards for the
Suburban Residential zone.
Ames Municipal Code Chapter 29, Zoning, Table 29.1202(5)-1 includes Residential Low
Density (FS-RL) Supplemental Development Standards.
Ames Municipal Code Chapter 29, Zoning, Table 29.1202(6) includes Suburban
Residential Floating Zone Suburban Regulations.
Attachment C:
Sunset Ridge Subdivision Amended Preliminary Plat
(attached separately)
930
30
GENERAL NOTE: ALL UTILITIES ARE ONLY GENERALLY LOCATED.
CONTRACTOR IS RESPONSIBLE FOR LOCATING AND EXPOSING ALL
UTILITIES THAT MAY INTERFERE WITH CONSTRUCTION BEFORE
CONSTRUCTION BEGINS.
1 800 292 8989
www.iowaonecall.com
SM
Know what'sbelow.Callbefore you dig.
R
LOCATION MAP
ENGINEER:
FOX ENGINEERING
414 SOUTH 17TH STREET, SUITE 107
AMES, IOWA 50010
PHONE: (515) 233-0000
FAX: (515) 233-0103
1" = 1/4 MILE
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SUNSET RIDGE SUBDIVISION
PRELIMINARY PLAT
AMES, IOWA
LOUISA
WASHINGTONKEOKUKMAHASKAMARION
DES MOINES
HENRYJEFFERSONWAPELLOMONROE
LEE
VAN BURENDAVISAPPANOOSE
SCOTT
CLINTON
CEDAR
JOHNSONIOWAPOWESHIEKJASPER
JACKSONJONESLINNBENTONTAMA
MARSHALLSTORY
DUBUQUEDELAWAREBUCHANANBLACKHAWK
GRUNDYHARDIN
CLAYTONFAYETTE
CHICKASAWFLOYD
BREMERBUTLERFRANKLIN
CERRO GORDO
ALLAMAKEE
WINNESHIEKHOWARDMITCHELLWORTH
BOONEGREENECARROLLCRAWFORD
WEBSTER
HAMILTONCALHOUNSACIDA
HANCOCK
WRIGHTHUMBOLDTPOCAHONTASBUENA VISTACHEROKEE
PALO ALTOCLAYO'BRIEN
WINNEBAGOKOSSUTHEMMETDICKINSONOSCEOLALYON
SIOUX
PLYMOUTH
WOODBURY
MONONA
HARRISON SHELBY AUDUBON GUTHRIE DALLAS
POTTAWATTAMIE CASS ADAIR
MILLS MONTGOMERY ADAMS
FREMONT PAGE TAYLOR WAYNEDECATURRINGGOLD
MADISON
LUCASUNIONCLARKE
WARREN
POLK
PROJECT LOCATION
G1.1 COVER SHEET
G1.2 LAND USE SUMMARY
G2.1 TYPICAL SECTIONS / NOTES
C1.1 SUBDIVISION MAP
C2.1 LOT LAYOUT & DIMENSIONING
C3.1 GRADING PLAN
C4.1 PAVING PLAN
C5.1 UTILITY PLAN
C6.1 STREET TREE PLAN
Description
INDEX OF SHEETS
No.
OWNER/DEVELOPER
Hunziker Development Group LLC
105 S. 16th Street, Suite A
Ames, Iowa 50010
PLAN PREPARER/ENGINEER
Scott Williams, P.E.
FOX Engineering Associates
414 S. 17th Street, Suite 107
Ames, Iowa 50010
LEGAL DESCRIPTION
The perimeter boundary of this subdivision
is described by the Final Plats of Record
for Sunset Ridge Subdivision 1st through
10th Additions.
The area remaining to be developed is
described as Sunset Ridge Subdivision
Tenth Addition, Outlot LL.
ZONING
Existing:
The 7th and 9th Additions are zoned
Planned Residence District (F-PRD).
All other lots are zoned Residential Low
Density (FS-RL).
Proposed:
No changes are proposed.
SEDIMENT AND EROSION CONTROL
This site is covered by an existing Iowa
DNR NPDES permit. A sediment and
erosion control plan will be created, and
the NPDES and City of Ames COSESCO
permits will be updated before each
addition of the subdivision is constructed.
UTILITIES
All private utilities will be located within
public utility easements shown, or within
utility corridors provided for by the City's
“Use of City Rights-of-Way Users”
ordnance.
All sanitary sewer mains will be 8”
diameter.
All water mains will be 8” diameter.
SIDEWALKS AND SHARED-USE PATHS
5' wide sidewalks will be constructed on
both sides of public streets (except where
shared-use paths are shown).
Shared-use paths (within right-of-way or
outlots) shall be 10' wide.
STREETS
Wilder Avenue, Westfield Drive, and
Westfield Road shall be 31' B-B within 66'
right-of-way. All other streets shall be 26'
B-B within 55' right-of-way.
No individual lots shall have driveway
access to County Road R-38.
All construction materials, dumpsters,
detached trailers, or similar items are
prohibited on public streets or within
public right-of-way.
PARKING RESTRICTIONS
Vehicle parking will be prohibited as
follows:
Along the north side of Allerton Drive
Along the north side of Durant Street
Along the east side of Ellston Avenue
Along the east side of Fremont Avenue
Along the east side of Hartford Drive
Along the north side of Springbrook
Circle
Along the north side of Springbrook
Drive
Along the north side of Tabor Drive
Along the east side of Westfield Drive
Along the east side of Westfield Road
Along the east side of Wilder Avenue
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1st ADDITION
LOT AREA (S.F)
1 11645.00
2 11646.00
3 11645.00
4 11645.00
5 11645.00
6 13377.00
7 7242.00
8 7214.00
9 7314.00
10 7314.00
11 7314.00
12 7314.00
13 7314.00
14 10257.00
15 10324.00
16 6762.00
17 6762.00
18 6762.00
19 6762.00
20 7406.00
21 8556.00
22 7488.00
23 11103.00
24 8814.00
25 8814.00
26 11003.00
27 11750.00
28 11210.00
29 8990.00
30 8760.00
31 8760.00
32 11431.00
33 10984.00
34 9316.00
35 9316.00
36 9316.00
37 9317.00
38 9316.00
RESIDENTIAL
TOTAL 351908.00
LOT A 153331.00
ROW TOTAL 153331.00
OUTLOT A 47045.00
OUTLOT B 5680.00
OUTLOT C 4221.00
OUTLOT D 23150.00
OUTLOT E 164221.00
OUTLOT F SEE 2ND ADD
OUTLTO G SEE 2ND ADD
GREENSPACE
TOTAL 244317.00
2nd ADDITION
LOT AREA (S.F)
1 15925.00
2 11923.00
3 9029.00
4 9029.00
5 9588.00
6 11422.00
7 10769.00
8 10235.00
9 9345.00
10 7876.00
11 11175.00
12 10616.00
13 9178.00
14 10652.00
15 10479.00
16 10481.00
17 10429.00
18 9178.00
19 9178.00
20 9178.00
21 10475.00
22 13062.00
23 10816.00
24 10226.00
25 10637.00
26 10933.00
27 9965.00
28 9965.00
29 16019.00
30 10733.00
31 11778.00
32 11778.00
33 11778.00
34 11778.00
35 11778.00
RESIDENTIAL
TOTAL 377406.00
LOT B 163314.00
ROW TOTAL 163314.00
OUTLOT F 42008.00
OUTLOT G 105809.00
GREENSPACE
TOTAL 147817.00
RESERVED
OUTLOT PP 12674.00
OUTLOT QQ 62118.00
RESERVED
TOTAL 74792.00
3rd ADDITION
LOT AREA (S.F)
1 SEE 9TH ADD
2 SEE 7TH ADD
3 10156.00
4 7648.00
5 7648.00
6 7648.00
7 7445.00
8 7360.00
9 7360.00
10 10402.00
RESIDENTIAL
TOTAL 65667.00
LOT C 15836.00
ROW TOTAL 15836.00
OUTLOT H 83126.00
GREENSPACE
TOTAL 83126.00
RESERVED
OUTLOT NN 14558.00
RESERVED
TOTAL 14558.00
4th ADDITION
LOT AREA (S.F)
1 11050.00
2 12350.00
3 12341.00
4 10400.00
5 10400.00
6 10379.00
7 12339.00
8 11497.00
9 11497.00
10 12758.00
11 14051.00
12 13776.00
13 11376.00
14 9406.00
15 9525.00
16 9525.00
17 10726.00
18 9360.00
19 9360.00
20 11700.00
21 12350.00
22 11050.00
RESIDENTIAL
TOTAL 247216.00
LOT D 102050.00
ROW TOTAL 102050.00
OUTLOT J 23223.00
OUTLOT K 45328.00
GREENSPACE
TOTAL 68551.00
RESERVED
OUTLOT KK 8565.00
OUTLOT LL 3137.00
RESERVED
TOTAL 11702.00
5th ADDITION
LOT AREA (S.F)
1 9692.86
2 9456.92
3 9586.07
4 9750.00
5 9100.00
6 12350.00
7 14855.23
8 13980.72
9 12350.00
10 9100.00
11 8781.03
12 15737.01
13 9750.00
14 9750.00
15 9160.69
16 8989.02
17 8817.35
18 11522.49
RESIDENTIAL
TOTAL 192729.39
LOT A 81235.89
ROW TOTAL 81235.89
OUTLOT P SEE OUTLOT S
10th ADD
OUTLOT Q 76079.08
GREENSPACE
TOTAL 76079.08
6th ADDITION
LOT AREA (S.F)
1 9184.53
2 9400.20
3 10181.49
4 9732.97
5 9236.89
6 8672.52
7 8584.23
8 8581.40
9 8629.40
10 8615.82
11 8638.87
12 10400.00
13 10400.00
14 10400.00
15 10400.00
16 10400.00
17 10400.00
18 9772.86
19 9777.31
20 9779.06
21 9780.80
22 9782.55
23 9784.30
24 9786.05
25 9791.66
26 11359.41
27 11355.88
28 11355.88
29 11355.88
30 11355.88
31 11355.88
32 11338.37
33 10388.54
34 12050.70
35 12517.23
36 15417.95
37 15736.91
38 14763.05
39 12085.37
40 12085.37
RESIDENTIAL
TOTAL 424635.21
LOT A 21353.98
LOT B 34902.36
LOT C 52042.14
ROW TOTAL 108298.48
OUTLOT R 24955.20
GREENSPACE
TOTAL 24955.20
7th ADDITION
LOT AREA (S.F)
1 3160.06
2 2405.42
3 2405.42
4 3160.06
5 3160.06
6 3160.06
7 3160.06
8 2405.42
9 2405.42
10 4762.99
11 5485.13
12 2783.92
13 2793.51
14 3684.48
15 3706.19
16 3723.89
17 3771.80
18 2912.28
19 2947.90
20 3926.87
OUTLOT B 34833.54
PRD TOTAL 100754.48
OUTLOT A 33409.99
GREENSPACE
TOTAL 33409.99
8th ADDITION
LOT AREA (S.F)
1 11340.00
2 11340.00
3 11567.56
4 12207.43
5 13777.19
6 13545.85
7 10528.81
8 14725.07
9 20510.41
10 13755.81
11 14446.44
12 11366.01
13 11365.50
14 11364.99
15 11358.27
16 11560.63
17 11567.66
18 11567.68
19 16649.56
20 15250.78
21 10400.00
RESIDENTIAL
TOTAL 270195.65
LOT A 79829.12
ROW TOTAL 79829.12
9th ADDITION
LOT AREA (S.F)
1 4464.18
2 4616.64
3 4569.25
4 4563.01
5 4590.20
6 4617.40
7 7842.95
8 6833.45
9 4056.15
10 4056.15
11 4056.15
12 4056.15
13 4056.15
14 4056.15
15 4914.86
OUTLOT A 27366.67
PRD TOTAL 98715.51
OUTLOT B 64256.71
GREENSPACE
TOTAL 64256.71
10th ADDITION
LOT AREA (S.F)
1 11528.80
2 8667.84
3 8662.83
4 8645.25
5 8627.39
6 11391.15
7 11950.73
8 12700.61
9 11700.00
10 8840.00
11 8840.00
12 8840.00
13 8910.72
14 11700.09
15 9211.44
16 9178.00
17 9520.07
18 9520.07
19 9520.07
20 11480.03
21 13996.23
RESIDENTIAL
TOTAL 213431.32
LOT A 52899.93
LOT B 85909.52
ROW TOTAL 138809.45
OUTLOT S 106352.42
OUTLOT T SEE 11TH ADD
GREENSPACE
TOTAL 106352.42
11th ADDITION
LOT AREA (S.F)
1 9800.90
2 9802.57
3 9804.23
4 9805.89
5 9807.55
6 9984.34
7 10304.79
8 8449.84
9 8449.75
10 8260.11
11 8449.53
12 9587.83
13 13681.09
14 21060.61
15 13317.39
16 8102.15
17 8795.17
18 8797.30
19 8799.43
20 8801.56
21 8803.46
22 9428.40
23 9428.14
24 9428.57
25 9394.45
26 13459.80
27 9750.00
28 10790.00
29 10790.00
30 12853.65
31 9301.38
32 9177.96
RESIDENTIAL
TOTAL 326467.84
LOT A 79772.63
ROW TOTAL 79772.63
OUTLOT T 74353.32
OUTLOT U 2522.62
OUTLOT V 3899.81
GREENSPACE
TOTAL 80775.75
LOT AREA TABLES
LAND USE SUMMARY
RESIDENTIAL (FS-RL)
1st ADDITION 351908.00
2nd ADDITION 377406.00
3rd ADDITION 65667.00
4th ADDITION 247216.00
5th ADDITION 192729.39
6th ADDITION 424635.21
8th ADDITION 270195.65
10th ADDITION 213431.32
11th ADDITION 326467.84
TOTAL 2469656.41 S.F.
56.7 ACRES
RESIDENTIAL (F-PRD)
7th ADDITION 100754.48
9th ADDITION 98715.51
TOTAL 199469.99 S.F
4.6 ACRES
RIGHT OF WAY
1st ADDITION 153331.00
2nd ADDITION 163314.00
3rd ADDITION 15836.00
4th ADDITION 102050.00
5th ADDITION 81235.89
6th ADDITION 108298.48
8th ADDITION 79829.12
10th ADDITION 138809.45
11th ADDITION 79772.63
TOTAL 922476.57 S.F.
21.2 ACRES
GREENSPACE
1st ADDITION 244317.00
2nd ADDITION 147817.00
3rd ADDITION 83126.00
4th ADDITION 68551.00
5th ADDITION 76079.08
6th ADDITION 24955.20
7th ADDITION 33409.99
9th ADDITION 64256.71
10th ADDITION 106352.42
11th ADDITION 80775.75
TOTAL 929640.15 S.F.
21.3 ACRES
RESERVED (FOR FUTURE DEVELOPMENT)
2nd ADDITION 74792.00
3rd ADDITION 14558.00
4th ADDITION 11702.00
TOTAL 101052.00 S.F.
2.3 ACRES
SUMMARY
RESIDENTIAL (FS-RL)56.7 ACRES 53.4%
RESIDENTIAL (F-PRD)4.6 ACRES 4.3%
RIGHT OF WAY 21.2 ACRES 20.0%
GREENSPACE 21.3 ACRES 20.1%
RESERVED 2.3 ACRES 2.2%
TOTAL 106.1 ACRES
DENSITY
RESIDENTIAL LOTS 235
RESIDENTIAL ACRES 56.7
LOTS PER ACRE 4.14
55' R.O.W.
1'5'8.5'26' B-B 8.5'5'1'
66' R.O.W.
1'5'11.5'31' B-B11.5'5'1'
SIDEWALK
(BOTH SIDES)
SIDEWALK
NATURAL SUBGRADE
NATURAL SUBGRADE
30" P.C.C. CURB
AND GUTTER (TYP.)
30" P.C.C. CURB
AND GUTTER (TYP.)
8" ASPHALT
4%4%
4%4%
9.5" ASPHALT
SIDEWALK
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5345-20B
12
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5
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STREET TREE NOTES
1.Trees shall be planted within the right-of-way of all streets proposed within the
subdivision. Trees shall be planted in accordance with the requirements of Section
23.402 of the Subdivision Ordinance.
2.Trees planted in the public right-of-way shall be of the species shown on the
accompanying “Street Tree Table”.
3.Trees shall be planted no closer than the distance of the full spread of the tree to the next
adjacent tree according to the species selected. Trees shall be planted at fifty (50) feet
spacing on center. The spacing shall be adjusted as a result of drive openings,
underground utilities, street lights, and other potential obstructions.
4.A minimum of nine (9) square feet of area shall be maintained for each tree and no
impervious material shall be installed closer than thirty (30) inches to the trunk of the
tree.
5.Trees shall not be located closer than two and one-half (2-1/2) feet to the back of curb or
the sidewalk line. Where the distance between the back of curb and sidewalk is greater
than eight (8) feet, trees shall be planted within four (4) feet of the sidewalk line.
6.Trees shall not be planted closer than thirty (30) feet from the corner at intersections and
shall not be closer than twenty (20) feet to the intersection of the front and side lot line
on a corner lot.
7.Trees shall not be planted closer than ten (10) feet to residential driveways.
8.Trees shall not be located closer to a street light pole than the distance of the spread of
the tree at maturity. The distance shall be measured from the center of the tree to the
center of the pole.
NTS
LOCAL STREET TYPICAL SECTION1
NTS
COLLECTOR STREET TYPICAL SECTION2
STREET TREE TABLE
HACKBERRY
THORNLESS HONEYLOCUST
KENTUCKY COFFEE TREE
TULIPTREE
NORTHER RED OAK
AMERICAN LINDEN
SYCAMORE
ELM
SCARLET OAK
LITTLELEAF LINDEN
DURANT ST
HA
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ALLERT
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S
0
0
°
4
2
'
3
6
"
W
1
2
2
4
.
0
6
'
N 89°48'10"W 650.85'
S
0
0
°
0
4
'
5
4
"
W
6
2
3
.
1
1
'
S 89°46'39"E
50.57'
S
0
0
°
3
4
'
1
7
"
W
24
7
.
0
8
'
N 89°46'39" E 571.31'N 89°35'17" E 2823.83'
N
0
1
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'
2
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E
8
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0
.
6
5
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N 89°48'55" W 1495.54'
N
0
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4
9
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5
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"
E
1
2
2
9
.
4
6
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N 90°00'00" W 1318.40'
00 120'240'
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OUTLOT 'U'
OUTLOT 'V'
79772.63 sq.ft.
1.83 acres
LOT A
9428.40 sq.ft.
0.22 acres
LOT 22
9428.14 sq.ft.
0.22 acres
LOT 23
9428.57 sq.ft.
0.22 acres
LOT 24
9394.45 sq.ft.
0.22 acres
LOT 25
13459.80 sq.ft.
0.31 acres
LOT 26
13317.39 sq.ft.
0.31 acres
LOT 15 8102.15 sq.ft.
0.19 acres
LOT 16 8795.17 sq.ft.
0.20 acres
LOT 17
8797.30 sq.ft.
0.20 acres
LOT 18
8799.43 sq.ft.
0.20 acres
LOT 19
8260.11 sq.ft.
0.19 acres
LOT 10
8801.56 sq.ft.
0.20 acres
LOT 20
13681.09 sq.ft.
0.31 acres
LOT 13
8803.46 sq.ft.
0.20 acres
LOT 21
21060.61 sq.ft.
0.48 acres
LOT 14
9587.83 sq.ft.
0.22 acres
LOT 12
8449.53 sq.ft.
0.19 acres
LOT 11
3899.81 sq.ft.
0.09 acres
OUTLOT V
8449.84 sq.ft.
0.19 acres
LOT 8
8449.75 sq.ft.
0.19 acres
LOT 9
10304.79 sq.ft.
0.24 acres
LOT 7
9301.38 sq.ft.
0.21 acres
LOT 31
9984.34 sq.ft.
0.23 acres
LOT 6
9807.55 sq.ft.
0.23 acres
LOT 5
9805.89 sq.ft.
0.23 acres
LOT 4
9802.57 sq.ft.
0.23 acres
LOT 2
12853.65 sq.ft.
0.30 acres
LOT 30
10790.00 sq.ft.
0.25 acres
LOT 29
9177.96 sq.ft.
0.21 acres
LOT 32
2522.62 sq.ft.
0.06 acres
OUTLOT U
9804.23 sq.ft.
0.23 acres
LOT 3
9800.90 sq.ft.
0.22 acres
LOT 1
9750.00 sq.ft.
0.22 acres
LOT 27
56.38'
56.57'
18.46'
45
.
6
3
'
65
.
0
0
'
30
.
0
0
'
63
.
5
4
'
65
.
0
0
'
65
.
0
0
'
80
.
1
3
'
130.01'
66
.
0
1
'
18.00'72.37'70.00'70.00'70.00'70.00'70.00'
66
.
0
0
'
55.80'70.69'130.01'
98
.
0
0
'
83
.
0
0
'
83
.
0
0
'
36
.
0
0
'
75
.
0
0
'
39
.
9
1
'
115.14'
56.26'73.38'72.51'72.51'72.51'
54
.
9
9
'
35.44'67.72'67.72'67.72'67.72'40.85'14.18'
56.89'
14
0
.
0
2
'
70.00'
14
0
.
0
0
'
14
0
.
0
5
'
70.00'
14
0
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0
7
'
70.00'
14
0
.
1
0
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70.00'
14
0
.
1
2
'
70.00'
14
0
.
1
5
'
70.13'
14
0
.
1
6
'
18.00'
130.00'
78
.
4
0
'
130.00'
65
.
0
0
'
130.00'
65
.
0
0
'
129.99'
63
.
5
4
'
129.99'
30
.
0
0
'
129.99'
65
.
0
0
'
132.71'
83
.
1
7
'
182
.
0
4
'
13
4
.
2
7
'
17
5
.
7
6
'
101.53'
90
.
0
3
'
13
1
.
4
4
'
131.69'
12
9
.
8
6
'
69.65'
12
9
.
8
9
'
67.72'
12
9
.
9
2
'
67.72'
12
9
.
9
5
'
67.72'
12
9
.
9
8
'
67.72'
32.28'
13
0
.
0
0
'
67.72'
13
0
.
0
2
'
72.52'
13
0
.
0
1
'
13
0
.
0
2
'
72.51'
13
0
.
0
3
'
72.51'
11
1
.
4
6
'
18
.
5
9
'
71.12'
130.00'
130.00'
56
.
4
1
'
130.00'
83
.
0
0
'
130.00'
30
.
2
6
'
52
.
7
4
'
130.00'
99
.
7
5
'
13
0
.
0
0
'
72.42'
14.80'
13
0
.
0
0
'
70.60'
10790.00 sq.ft.
0.25 acres
LOT 28
74353.32 sq.ft.
1.71 acres
OUTLOT T
141.72'
130.00'
34
.
1
8
'
28
.
8
0
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16
4
.
0
0
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50
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EL
L
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M
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T
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WESTFIELD DR
5' P.U.E.
12' SHARED
USE PATH
EASEMENT
10' P.U.E.10' P.U.E.
10' P.U.E.
5' P.U.E.
10
'
P
.
U
.
E
.
5'
P
.
U
.
E
.
10
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P
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U
.
E
.
10' P.U.E.
5' P.U.E.
10' P.U.E.
5' P.U.E.
15' STORM
SEWER
EASEMENT
7.5'
DR
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12
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5
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2
0
01
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2
1
01
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2
1
SA
W
SR
S
00 50'100'
EASEMENTS FOR OUTLOTS U, V, AND T:
PUBLIC UTILITY, STORM SEWER, SURFACE WATER FLOWAGE, SHARED USE
PATH, AND OPEN SPACE EASEMENTS OVER ENTIRE OUTLOTS.
79772.63 sq.ft.
1.83 acres
LOT A
9428.40 sq.ft.
0.22 acres
LOT 22
9428.14 sq.ft.
0.22 acres
LOT 23
9428.57 sq.ft.
0.22 acres
LOT 24
9394.45 sq.ft.
0.22 acres
LOT 25
13459.80 sq.ft.
0.31 acres
LOT 26
13317.39 sq.ft.
0.31 acres
LOT 15 8102.15 sq.ft.
0.19 acres
LOT 16 8795.17 sq.ft.
0.20 acres
LOT 17
8797.30 sq.ft.
0.20 acres
LOT 18
8799.43 sq.ft.
0.20 acres
LOT 19
8260.11 sq.ft.
0.19 acres
LOT 10
8801.56 sq.ft.
0.20 acres
LOT 20
13681.09 sq.ft.
0.31 acres
LOT 13
8803.46 sq.ft.
0.20 acres
LOT 21
21060.61 sq.ft.
0.48 acres
LOT 14
9587.83 sq.ft.
0.22 acres
LOT 12
8449.53 sq.ft.
0.19 acres
LOT 11
3899.81 sq.ft.
0.09 acres
OUTLOT V
8449.84 sq.ft.
0.19 acres
LOT 8
8449.75 sq.ft.
0.19 acres
LOT 9
10304.79 sq.ft.
0.24 acres
LOT 7
9301.38 sq.ft.
0.21 acres
LOT 31
9984.34 sq.ft.
0.23 acres
LOT 6
9807.55 sq.ft.
0.23 acres
LOT 5
9805.89 sq.ft.
0.23 acres
LOT 4
9802.57 sq.ft.
0.23 acres
LOT 2
12853.65 sq.ft.
0.30 acres
LOT 30
10790.00 sq.ft.
0.25 acres
LOT 29
9177.96 sq.ft.
0.21 acres
LOT 32
2522.62 sq.ft.
0.06 acres
OUTLOT U
9804.23 sq.ft.
0.23 acres
LOT 3
9800.90 sq.ft.
0.22 acres
LOT 1
9750.00 sq.ft.
0.22 acres
LOT 27
10790.00 sq.ft.
0.25 acres
LOT 28
74353.32 sq.ft.
1.71 acres
OUTLOT T
50
0
T
H
A
V
E
ALLERTON DR
EL
L
S
T
O
N
A
V
E
FR
E
M
O
N
T
A
V
E
WESTFIELD DR
102
5
.
1
8
102
4
.
9
4
101
9
.
8
8
101
6
.
5
9
102
0
.
0
0
101
5
.
8
6
102
4
.
0
8
101
9
101
3
1011
1017
1017
1015
1014
1014
102
5
102
5
1024
1032
1022
102
0
10
1
9
101
7
1018
1021
102
3
102
3
10
2
1
10
1
5
WET POND
NORMAL WATER EL= 1009.6
100-YR WATER EL= 1010.8
M.P.E. (LOTS 22-32)= 1013.8
ST
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5345-20B
01
/
1
4
/
2
1
01
/
2
1
01
/
2
1
SA
W
SR
S
00 50'100'
79772.63 sq.ft.
1.83 acres
LOT A
9428.40 sq.ft.
0.22 acres
LOT 22
9428.14 sq.ft.
0.22 acres
LOT 23
9428.57 sq.ft.
0.22 acres
LOT 24
9394.45 sq.ft.
0.22 acres
LOT 25
13459.80 sq.ft.
0.31 acres
LOT 26
13317.39 sq.ft.
0.31 acres
LOT 15 8102.15 sq.ft.
0.19 acres
LOT 16 8795.17 sq.ft.
0.20 acres
LOT 17
8797.30 sq.ft.
0.20 acres
LOT 18
8799.43 sq.ft.
0.20 acres
LOT 19
8260.11 sq.ft.
0.19 acres
LOT 10
8801.56 sq.ft.
0.20 acres
LOT 20
13681.09 sq.ft.
0.31 acres
LOT 13
8803.46 sq.ft.
0.20 acres
LOT 21
21060.61 sq.ft.
0.48 acres
LOT 14
9587.83 sq.ft.
0.22 acres
LOT 12
8449.53 sq.ft.
0.19 acres
LOT 11
3899.81 sq.ft.
0.09 acres
OUTLOT V
8449.84 sq.ft.
0.19 acres
LOT 8
8449.75 sq.ft.
0.19 acres
LOT 9
10304.79 sq.ft.
0.24 acres
LOT 7
9301.38 sq.ft.
0.21 acres
LOT 31
9984.34 sq.ft.
0.23 acres
LOT 6
9807.55 sq.ft.
0.23 acres
LOT 5
9805.89 sq.ft.
0.23 acres
LOT 4
9802.57 sq.ft.
0.23 acres
LOT 2
12853.65 sq.ft.
0.30 acres
LOT 30
10790.00 sq.ft.
0.25 acres
LOT 29
9177.96 sq.ft.
0.21 acres
LOT 32
2522.62 sq.ft.
0.06 acres
OUTLOT U
9804.23 sq.ft.
0.23 acres
LOT 3
9800.90 sq.ft.
0.22 acres
LOT 1
9750.00 sq.ft.
0.22 acres
LOT 27
10790.00 sq.ft.
0.25 acres
LOT 28
74353.32 sq.ft.
1.71 acres
OUTLOT T
50
0
T
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A
V
E
ALLERTON DR
EL
L
S
T
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N
A
V
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FR
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M
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T
A
V
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WESTFIELD DR 31' B-B
2.5' PCC
CURB / GUTTER
(TYP)
5' WALK
1.5'
5' WALK1'
66'
R.O.W.
55'
R.O.W.
26'
B-B
R100'
R25'R25'
R35'
R35'
4'
4'
10' SHARED
USE PATH
10' SHARED
USE PATH
9.5" HMA
8" HMA
DR
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PROJECT NO.
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P
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A
N
5345-20B
12
/
1
5
/
2
0
01
/
2
1
01
/
2
1
SA
W
SR
S
00 50'100'
SS SS SS
SSSSSS
SS
SS
SS
SS
W W W W W
W
W
W
W
W W W W
SMH-01
SW-301, 48-INCH
SMH-06
SW-301, 48-INCH
SMH-02
SW-301, 48-INCH
SMH-07
SW-301, 48-INCH
SMH-08
SW-301, 48-INCH
(SS-01) (8")(SS-02) (8")
(SS-04) (8")
(SS
-
0
5
)
(
8
"
)
(S
S
-
0
6
)
(
8
"
)
(S
S
-
0
7
)
(
8
"
)
SCO-02
STORM CLEANOUT
[SD-02] 8"
SCO-03
STORM CLEANOUT
SCO-01
STORM CLEANOUT
ST-201
SW-501
ST-202
SW-503
ST-205
SW-501
ST-206
SW-503
ST-204
SW-503
ST-203
SW-501
ST-212
SW-512, 36-INCH
ST-207
SW-401, 48-INCH
ST-210
SW-505ST-209
SW-506 LST-208
SW-512, 36-INCH
ST-211
24" FES
[P-201] 15"
[P-202] 15"
[P
-
2
0
4
]
1
5
"
[P-209] 24"
[P-210] 24"[P-208] 24"
[P-205] 15"
[P
-
2
0
6
]
1
5
"
[P
-
2
0
7
]
1
5
"
[P-203] 15"
[SD-03] 8"
[SD-01] 8"
[P
-
2
1
2
]
1
5
"
SCO-04
STORM CLEANOUT
[SD-04] 8"
8" W HYDHYD
HYD
HYDHYD 8" W
8"
W
150' R
HYDRANT COVERAGE (TYP)
ST
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PROJECT NO.
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5345-20B
01
/
1
4
/
2
1
01
/
2
1
01
/
2
1
SA
W
SR
S
00 50'100'
DURANT ST
HA
R
T
F
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D
D
R
WIL
E
R
A
V
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LINCOLN WAY
50
0
T
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A
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SEE SHEET G2.1 FOR ALLOWABLE TREE SPECIES
ITEM: ___25 _
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: 2019/20 SANITARY SEWER REHABILITATION - (BASIN 10)
BACKGROUND:
This annual program is for rehabilitation/reconstruction of deficient sanitary sewers and
deteriorated manholes at various locations throughout the City. The program goal is to
identify and remove major sources of inflow/infiltration (I/I) to regain pipe capacity and
reduce the wet weather flow at the treatment plant. The program typically includes
rehabilitation work such as lining existing mains or spray lining of existing structures, as
well as complete removal and replacement of structures and sanitary sewer mains.
In 2012 the City began a Sanitary Sewer System Evaluation that included a
comprehensive and systematic evaluation for identifying the defects that could contribute
I/I across the entire, City-wide sanitary sewer system. This evaluation data collection was
completed, and it was evident that over $25 million of immediate structural improvements
were needed in the sanitary sewer system. Current and future CIP projects for the sanitary
sewer system are based on the results of this evaluation.
On April 21, 2020, a professional services agreement contract with WHKS of Ames, Iowa
was approved in the amount not to exceed $48,000. This is the seventh rehabilitation
project and was selected to have an immediate impact by removing I/I in sewer
mains that are older and installed with non-sealed joints, the industry standard at
the time. By eliminating I/I in these mains, the sanitary sewer system will regain
needed capacity. See attachment project area map.
Base Bid: Items of work in the base bid include point repairs and cured-in-place lining of
the existing mains. These rehabilitation methods minimize the impact to residents and will
reduce the amount of clean water that enters the system, thus reducing the amount of
water needing treatment at the plant.
Alternate Bid: This includes ream services, air testing & grouting cast iron pipes, and for
installing cast iron lateral connections liners.
On February 3, 2021, bids for the project were received as follows:
Bidder Base Bid Alt # 1
Amount Amount
Engineer’s estimate $1,400,315.00 $535,000.00
Municipal Pipe Tool Co. LLC $ 952,843.78 $330,320.00
Visu – Sewer, Inc. $1,047,311.80 $417,300.00
Hydro – Klean, LLC $1,240,288.97 $348,162.50
Revenues and expenses associated with this program are estimated as follows:
Revenue Expenses
2019/20 Sanitary Sewer Rehab (Basin 10) (Base Bid)
2019/20 Sanitary Sewer Rehab (Basin 10) (Alt #1)
Construction (est. future sewer rehab projects)
$ 330,320.00
$2,000,000.00
Engineering/Administration (Est.) $ 625,000.00
$ 3,934,000 $3,908,163.78
ALTERNATIVES:
1. a. Accept the report of bids for the 2019/20 Sanitary Sewer Rehabilitation-(Basin 10)
b. Approve the final plans and specifications for this project.
c. Award the 2019/20 Sanitary Sewer Rehabilitation – (Basin 10) project to Municipal
Pipe Tool Co. LLC of Hudson, Iowa in the amount of $952,843.78 as the Base Bid
and $330,320 as the Alternate 1, for a total contract in an amount of $1,283,163.78.
2. Award the contract to one of the other bidders.
3. Do not proceed with this project.
CITY MANAGER'S RECOMMENDED ACTION:
This project advances City Council’s commitment to improve the sanitary sewer system.
This is the seventh of several large projects that will have an immediate impact by
removing Inflow & Infiltration to regain valuable capacity in the City’s existing sanitary
sewer system.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
Sanitar Sewer Rehabilitation Basin 10 ro ect ma
1
ITEM # ___26__
DATE: 02-09-21
COUNCIL ACTION FORM
SUBJECT: BAKER SUBDIVISION GEOTHERMAL WELL INSTALLATION AWARD
BACKGROUND:
On December 8, 2020, City Council approved the preliminary plans and specifications for
the Baker Subdivision Geothermal Well Installations. The geothermal system would
provide home heating and cooling and boost water heating efficiency for all the
single-family homes in the subdivision. The multi-family portion of the subdivision
is not included in this bid. The heating and cooling for the multi-family portion of
the subdivision (Phase 2) will be designed and bid at a later date.
This geothermal system project was motivated by an interest in advancing the
environmental sustainability of the subdivision developed by the City, while maintaining
affordable utility costs for the mixed-income neighborhood. The system would help to
balance the seasonal load and utilization of existing electric infrastructure and reduce
community greenhouse gas emissions.
Bid documents were issued to twelve companies and were sent out to five plan rooms.
The bid was also advertised on the Current Bid Opportunities section of the Purchasing
webpage and a Legal Notice was published on the websites of a contractor plan room
service with statewide circulation and the Iowa League of Cities.
On January 27, 2021, two bids were received as shown below:
Bidder Bid Price Use Taxes Evaluated Bid
Price
Thorpe Water Development Co.
Ankeny, IA $233,618.00 $2,217.00 $235,835
Geotechnologies LLC
Bayvillage, OH $345,935.96 $13,000.00 $358,935.96
Staff reviewed the bids and concluded that the apparent low bid submitted by
Thorpe Water Development Company, Ankeny, IA, in the amount of $235,835
(inclusive of Iowa sales tax) is acceptable.
The engineer’s estimate for the construction of the project is $267,000. The project life is
estimated at over 50 years. One goal of the project would be to keep the utility costs of
homes in the neighborhood comparable to or lower than those with more traditional
heating and cooling systems.
2
The approved Demand Side Management budget contains $405,756 carried forward from
the FY 2019/20 budget to cover this project cost.
ALTERNATIVES:
1. Award a contract to Thorpe Water Development Company, Ankeny, IA, for the
Baker Subdivision Geothermal Well Installations in the amount of $235,835
(inclusive of Iowa sales tax).
2. Award a contract to the other bidder.
3. Reject all bids, which will delay this project.
CITY MANAGER'S RECOMMENDED ACTION:
A district geothermal system will provide highly efficient, affordable, and sustainable
space heating and cooling to the new development. This application of geothermal
heating and cooling would introduce more local contractors and residents to the
technology and model an innovative project structure for other communities.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.