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HomeMy WebLinkAbout~Master - September 28, 2021, Regular Meeting of the Ames City CouncilAGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL SEPTEMBER 28, 2021 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: 6:00 p.m. PROCLAMATIONS: 1. Proclamation for “Watershed Awareness Month” - October 2021 2. Proclamation for “Fire Prevention Week” - October 3 - 9, 2021 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. 3. Motion approving payment of claims 4. Motion approving Minutes of Special City Council Meeting held August 31, 2021 and Regular City Council Meeting held September 14, 2021 5. Motion approving Report of Change Orders for period September 1 - 15, 2021 6. Motion certifying Civil Service candidates 7. Motion approving new 12-Month Class C Liquor License with Outdoor Service and Sunday Sales - Sips and Paddy’s Irish Pub, 126 Welch Avenue 8. Motion approving ownership update for Class C Beer Permit with Class B Wine Permit and Sunday Sales - Aldi, Inc. #48, 108 South 5th Street 9. Motion approving 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(Carry-Out Beer) and Sunday Sales - Hy-Vee Food & Drugstore #2, 640 Lincoln Way b. Class E Liquor License with Class B Wine Permit, Class C Beer Permit(Carry-Out Beer) and Sunday Sales - Hy-Vee Food Store #1, 3800 W Lincoln Way c. Class C Liquor License with Sunday Sales - Bullseye Restaurant Group LLC, (Boulder Tap House), 114 South Duff Avenue d. Class E Liquor License with Class B Wine Permit, Class C Beer Permit(Carry-Out Beer) and Sunday Sales - CVS/Pharmacy #10452, 2420 Lincoln Way #104 e. Class C Beer Permit with Class B Wine Permit and Sunday Sales - Aldi, Inc. #48, 108 South 5th Street f. Class B Beer with Sunday Sales - Macubana, 116 Welch Avenue Pending Dram Shop Insurance g. Class B Beer with Sunday Sales - Chica Shack Ames, 131 Welch Avenue Pending Dram Shop Insurance h. Class C Beer Permit with Sunday Sales - Docs Stop 5, 2720 E 13th Street i. Class C Liquor License with Class B Native Wine Permit, Outdoor Service, and Sunday Sales - AJ’s Ultra Lounge, 2401 Chamberlain Street Pending Dram Shop Insurance 10. Motion authorizing the Mayor to sign Certificate of Consistency with City’s 2019-2023 CDBG Consolidated Plan on behalf of ACCESS for funding from Iowa Finance Authority 11. Motion approving request from ISU Homecoming Central Committee for Fireworks Permit for display from ISU Central Campus at midnight on Friday October 22, for Mass Campaniling. 12. Resolution approving Encroachment Permit Agreement for Sign at 316 Main Street 13.Resolution approving and adopting Supplement No. 2021-4 to Municipal Code 14. Resolution approving update to City Sick Leave Policy 15. 2021 Symposium on Building Inclusive Organizations event in partnership with the Ames Chamber of Commerce and Iowa State University Office of Diversity, Equity, and Inclusion: a. Resolution authorizing the expenditure of $5,000 ($2,500 Council budget, $1,500 Council Contingency, and $1,000 Ames Human Relations Commission) 16. Resolution approving Police Department’s participation in the Governor’s Traffic Safety Bureau Nighttime Seat Belt Enforcement Grant Program 17.Resolution approving Service Agreement between City of Ames and Cornerstone Government Affairs, Inc. 18.Flood Mitigation - River Flooding: a. Resolution approving Purchase Agreements for land acquisitions: i. Parcel 3: Kenneth and Marjory Howe Trust - $85,050.92 (partial acquisition) ii. Parcel 3: Jim Howe - $9,400 (tenant compensation) iii. Parcel 5: RL Enterprises LLC - $196,134.48 (partial acquisition) iv. Parcel 5: Red Lobster - $84,944 (tenant compensation) b. Resolution approving preliminary plans and specifications for Ioway Creek Restoration and Flood Mitigation Project; setting November 3, 2021, as bid due date and November 9, 2021, as date of public hearing 19. Resolution approving Amendment to Financial Assistance Award through Economic Development Administration for Prairie View Industrial Utility Extension 20. Resolution awarding upfitting of two Public Works/Traffic trucks to Truck Equipment of Des Moines, Iowa, in the amount of $67,622 21. Resolution awarding Contract for CyRide 2022 HVAC Improvement Project to Stein Heating and Cooling Inc., of Webster City, Iowa, in the amount of $499,600 (base bid and bid Alt. 2) 22. Resolution approving contract and bond for Tahira and Labh Hira Park Concrete Work 23. Resolution approving Change Order No. 1 to Blade Runner Turbomachinery Services, LLC, of Navasota, Texas, for Unit 8 Turbine Generator Overhaul project in the amount of $564,300 24. Homewood Golf Course Clubhouse Project: a. Resolution approving Change Order No. 1 to R. H. Grabau Construction, Inc., of Boone, Iowa, in the amount of $14,309.01 b. Resolution accepting completion of 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 2 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. PUBLIC WORKS: 25. Staff Report on Sidewalk Infill/Complete Streets for upcoming street improvement projects (Top-O-Hollow and Opal Drive): a. Motion directing staff to design both projects with no new sidewalk infill ADMINISTRATION: 26. Motion approving application and criteria for Arts Capital Grant Program PLANNING & HOUSING: 27.Resolution approving a Minor Amendment to Ames Urban Fringe Plan Framework and Land Use Class Map to change the land located at 2105 and 2421 Dayton Avenue from Agricultural & Farm Service to Planned Industrial HEARINGS: 28. Hearing on Lease Agreement between the City of Ames and Youth and Shelter Services for Parking Lot P: a. Resolution approving Lease Agreement between the City of Ames and Youth and Shelter Services for Parking Lot P in a term of ten years 29. Hearing on request to vacate existing Pedestrian Easement located along the eastern ten feet of 4901 Waller Street: a. Resolution vacating existing Pedestrian Easement located along the eastern ten feet of 4901 Waller Street 30. Hearing on SE 16th Street and South Duff Avenue Transmission Modifications: a. Resolution approving final plans and specifications and awarding contract to IES Commercial of Holdredge, Nebraska, in the amount of $529,140.38 (inclusive of sales tax) 31. Hearing on Nuisance Assessments (continued from September 14, 2021): a. Resolution assessing costs of sidewalk repair/replacement and snow/ice removal and certifying assessments to Story County Treasurer 32. Hearing on Amendments to Fiscal Year 2021/22 Adopted Budget for Carryovers from Fiscal Year 2020/21: a. Resolution amending FY 2021/22 Budget for carry-over amounts from FY 2020/21 ORDINANCES: 33. Second passage of ordinance removing all parking requirements for auditoriums, theaters, stadiums, and arenas within the Downtown Service Center and Campustown Service Center Zoning Districts 34. Second passage of ordinance, as amended, creating the Resident Police Advisory Committee DISPOSITION OF COMMUNICATIONS TO COUNCIL: 3 COUNCIL COMMENTS: CLOSED SESSION: 35. 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: a. Motion approving Settlement Agreement ADJOURNMENT: Please note that this Agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 4 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AUGUST 31, 2021AMES, IOWA The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 31st day of August, 2021 in the Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, and Rachel Junck. Also attending electronically was Council Member David Martin, as it was impractical for him to be present in person. Ex officio Member Trevor Poundstone was also present. CONSENT AGENDA: Moved by Betcher, seconded by Corrieri, to approve the following items on the Consent agenda: 1. Motion certifying Civil Service candidates 2. RESOLUTION NO. 21-274 awarding contract to Howrey Construction of Rockwell City, Iowa, for the Tahira and Labh Hira Park Concrete Work in the amount of $60,414.25 3.RESOLUTION NO. 21-275 approving Final Plat for Birch Meadows Subdivision, Second Addition 4. RESOLUTION NO. 21-276 accepting partial completion of public improvements and reducing required security for Domani Subdivision 5. RESOLUTION NO. 21-277 approving Emergency T-Hangar Door Repairs at Ames Municipal Airport (2020 Derecho) 6. RESOLUTION NO. 21-278 approving Iowa Clear Air Attainment Program (ICAAP) Grant application for Phase 3 of the Ames Traffic Network (ITS Program) Roll Call Vote: 6-0. Motion/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. WORKSHOP ON CLIMATE ACTION PLAN: Mayor Haila recognized the group in attendance electronically and in person to present the Ames Climate Action Plan and Target Setting Engagement Plan draft. Assistant City Manager Deb Schildroth introduced Sustainability Solutions Group (SSG) as the firm leading the effort, and also acknowledged the Supplemental Input Committee and City staff members involved. Ms. Schildroth said there are 12 community sectors involved and are relied upon to bring materials and information. Confluence Landscape Architects Representative Denise Hurt introduced herself as the in-person facilitator for SSG. She introduced Project Lead Yuill Herbert, Engagement Lead Naomi Devine, and Technical Modeling Team Representative Eric Frenette, who joined the meeting electronically. Ms. Hurt told Council the objectives of the evening are to inform the Steering Committee (Mayor and Council) about the objectives, scope, and time line of the project; engagement plan for the project; climate action planning and greenhouse gas (GHG) emissions target setting; and the modeling methodology. Ms. Hurt said the engagement process is beginning, and will be described in depth by the SSG team. She gave Council an overview of the project process and said it is anticipated the Climate Action Plan (CAP) will be presented in September, 2022. Ms. Devine said she will be the guide through the engagement process, which is decision-making support where the public is gathered to get public intelligence to support decision-making. She described engagement as a “dial” for how much, when, and how long. She said they will be engaging some groups more in depth than others for specific reasons. Ms. Devine said the Engagement Plan has been designed to work with the public throughout the process to ensure concerns and aspirations are heard. The pre-engagement interview process was reviewed. Pre- engagement interviews were performed with representatives from local businesses, non-profits and civic organizations, a student, and two residents. A few recommendations that came out of that process were used to draft the Engagement Plan. She said the techniques requested by the City are also included. Ms. Devine said the Engagement Plan is divided into Engagement Objectives and Engagement Techniques: Objective 1: To inform and educate the community of the specific targets and actions required to create meaningful and feasible GHG emission reductions, while engendering a sense of responsibility for continuing this work through to its long-term completion. Objective 2: To involve stakeholders in the development of the engagement process and facilitate inclusive conversations among stakeholders in order to document community concerns and aspirations. Objective 3: To involve the community and City staff in gathering feedback that will inform 1) the community’s GHG reduction target, 2) the selected low-carbon actions, and 3) the CAP’s near-term implementation strategy. Objective 4: To inform stakeholders of how their involvement shaped the plan. Engagement Techniques, Phase 1: Pre-Engagement Interviews and Engagement Design Engagement Techniques, Phase 2: Active Engagement Period Engagement Techniques, Phase 3: Final Report and Presentation Ms. Devine gave Council a preview of the website that was created for the CAP process. She said it links to the Ames Sustainability website. Council Member Gartin asked about the goal of September 2022. He said if a suggestion the City should consider comes up before that date, the group should feel free to notify Council. 2 Council Member Betcher said she wants to ensure to the best of Council’s ability that under- represented population groups have an opportunity to be at the table. Ms. Devine said additional potential focus groups will be formed to ensure engagement if needed during the process. Ms. Betcher asked how they intend to involve Iowa State University (ISU) students. She said she doesn’t want key elements to be missed by students over the summer. Ms. Devine said some of the scheduling is related to the Technical Process, and there are means available to get the input from students before they leave for the summer. Ms. Betcher asked what form the community survey will be. Ms. Devine said online and paper formats can be used, and that the level of detail will come after the Engagement Plan is adopted. Mayor Haila asked if there are ways input can be sent through the website. Ms. Devine said information on how to get involved is there, but information on how to leave input could be added. Mayor Haila said it might be a missed opportunity if a way to submit feedback is not available on the CAP website. Mayor Haila said the Council will help contact groups and people for feedback but would like SSG and Confluence Landscape Architects’ help. Ms. Devine said materials will be created for engagement that can assist members. She commented that after needs are determined, team members can meet with the City Steering Committee (Mayor and Council) to help lead the process, provide materials, and provide coaching. Mayor Haila asked about Phase 2, Workshop 1 and asked what target-setting is. Ms. Devine said during that phase it will be reviewed what targets look like in the United States and in the world, and the importance of science-based target-setting. She said this part is very important and involves a lot of information sharing. Mayor Haila said the target will be an important piece of the Plan, and it will be used for a lot of decision making. Council Member Martin asked if it’s reasonable to think of the process as culminating to target-setting instead of target-setting toward the beginning of the process. Ms. Devine said it isn’t expected to set a target at that time, rather the discussion around target-setting will begin at that point. Mr. Frenette introduced the Modeling Process. He said the phases throughout the Modeling Process begin with data collection. Council Member Gartin asked to what degree best practices for modeling are reflected. Mr. Frenette said this looks at the trajectory if things stayed the same contrasted by what needs to be done. Mr. Herbert said an accounting protocol is used for GHG inventories. Mr. Frenette said they are using higher resolution data (modeling all traffic zones in Ames and transportation data from the Ames transportation model), and including Ames’ future plans (ISU coal phase out by 2024, 35% reduction of ISU emissions), integrated sectors (using projections for new buildings and dwellings), and realistic physical constraints (vehicle stock takes time to turnover). He said energy use and GHG emissions are the final output. 3 Council Member Martin asked how much of the model is standard. Mr. Frenette said there are unique aspects to the modeling they have prepared. Mr. Martin asked how this model has been adequately tested. Mr. Herbert said they have made the commitment that it is open source. He said it has been applied to about 100 municipalities so far. He said the most interesting community it has been used on has a population of 10,000. He said there’s an adage that all models are wrong and all models are useful. He said this model has been quite transformative and gives a lot of information to use based on cause and effect for decisions communities make. Mayor Haila said he was glad to see the ISU coal phase out being considered. He asked if ISU is included in the model and what role they play in target-setting. He said he would like to see ISU as a stakeholder at the table. Mayor Haila said there are so many things being implemented into the model, including changes made on campus. He asked if Ms. Rankin is empowered to communicate for ISU, or how ISU should be part of the table. Ms. Rankin said there has been engagement of ISU with consultants and data gathering. She said the Utilities Director and two others from ISU are appointed to the Supplemental Committee. She said any discussions that ISU needs to be involved in they will be. Mayor Haila said CyRide should also be part of the discussion. Council Member Gartin said the Iowa City CAP would be interesting to look at to see if the University of Iowa was involved. Member Gartin said he is particularly interested in carbon sequestration and partnering with ISU. Mayor Haila wondered if the Department of Transportation and its fleet need to be included. It was noted that truck traffic from non-City vehicles were counted. Mr. Frenette said external trips coming to Ames are counted. Council Member Martin asked why certain variables that cannot be changed or controlled are included. Mr. Frenette said the model references case plans to get the business as usual trajectory. He said even though a variable may stay fixed, they will get a picture that could influence the financial piece. Council Member Junck asked if the age of buildings is being considered for residential energy use/ non-residential energy use. Mr. Frenette said the age of the buildings are known, and the older ones do have higher energy use. Mr. Herbert said CAP planning touches on everything, and all things are being put together to make a coherent picture and then set a target. He said best practices for target-setting will be reviewed. Mr. Herbert said 704 cities around the world have adopted a net zero emissions target by 2050. Mr. Herbert said with all else being equal, this is a technologically viable path to get to net-zero. And a CAP is an evidence-based path that identifies high level financials, schedules, responsibilities, barriers and risks, and mitigating actions. Ms. Betcher asked what is encompassed in high level financials. Mr. Herbert said they track the capital cost of the stock of cars, the capital cost of switching all of those purchased to electric vehicles, and the operating cost of cars. Ms. Betcher 4 asked at what point the question of environmental justice for community members having adverse effects of costly changes will be considered Mr. Herbert said that is factored in many ways. Ms. Devine said the team wants the community to provide that information to them. Council Member Gartin asked how to think about growing the population and reducing the carbon footprint. Mr. Herbert said an anticipated growth of 14,000 residents is significant and means more homes, more vehicles, and more energy consumption. He said the goal is to make the growth as efficient as possible and as clean as possible. Member Gartin asked for examples of techniques cities are using to reduce their carbon footprint. Mr. Herbert said retrofit programs where cities partner with utilities or a construction firm, new construction requirements, transportation strategies, and supporting renewable energy generation for commercial or industrial sites and residential homes, are some ways cities are reducing their carbon footprint. Mr. Gartin asked about the idea of carbon sequestration. Mr. Herbert gave examples of sequestration including increased forest cover, overall land use change, agricultural practices, wetlands, carbon dioxide removals by technology (not yet proven), and in-ground sequestration (expensive). Member Betcher asked to what extent the recommendations focus on city policies, and how much they will help the City readjust policy setting. Mr. Herbert said modeling doesn’t look at policy, rather physical transition of the community and clues to what types of policies may be required and what jurisdiction can be applied, and where education and partnerships are needed. He said the implementation phase will look at this. Mayor Haila said members of the public will have opportunities to ask questions with the consultant at a later time. Ms. Hurt said the team will soon kick-off the Engagement Plan and will see Council again on November 16, 2021 to dive into the initial modeling results. Member Gartin said the role of ISU is something he would like to understand. Mayor Haila said he will connect with ISU President Wintersteen about the Plan. Mayor Haila said the under-represented and under-resourced are very hard to connect with and could be impacted. He said there is not a category dedicated to that yet, and would suggest the team think about adding one. Ms. Schildroth said two of the groups would reach out and represent those individuals. Mayor Haila said he’s proud of what the City of Ames has done over the last 40 years. He asked how the word will get out on what the City has already done, and its commitment for the future. Ms. Schildroth said sustainability has been a value of Council’s for years. She said those things are promoted through the sustainability web page, and with the activation of this CAP website it should get more traffic. Mayor Haila said there could be a hotlink button on the CAP page for what is currently being done, and a link to what ISU is doing. 5 DISPOSITION OF COMMUNICATIONS TO COUNCIL: Moved by Betcher, seconded by Corrieri, to acknowledge the email from Grant Olsen dated August 25, 2021 noting that no action will be taken at this time. Vote on Motion: 6-0. Motion carried. COUNCIL COMMENTS: Mayor Haila said over 50 people had submitted applications for the Supplemental Input Committee, which shows residents are very engaged and committed. He said they want to create a Plan that is workable and attainable so a difference can be made in the community. Moved by Junck, seconded by Beatty-Hansen, to accept the Engagement Plan. Vote on Motion: 6-0. Motion approved unanimously. ADJOURNMENT: The meeting was adjourned at 7:50 p.m. _____________________________________ ____________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor _____________________________________ Erin Thompson, Recording Secretary 6 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA SEPTEMBER 14, 2021 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on September 14, 2021, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Gloria Betcher, Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and David Martin. Ex officio Member Trevor Poundstone was also present. PROCLAMATION FOR “SUICIDE PREVENTION MONTH,” SEPTEMBER 2021: Mayor Haila proclaimed September 2021 as “Suicide Prevention Month.” He stated that the focus of “Suicide Prevention Month” this September is to encourage people to take the time to support the well-being of family, friends, and neighbors and spread the message that good mental health is essential to the overall health for each of us, that prevention works, and that treatment is effective. The Mayor acknowledged the mental health training that was recently offered by Julie Saxton, Mental Health Advocate, and the Iowa State University Mental Health Advocate. Accepting the Proclamation was Police Chief Geoff Huff on behalf of the Ames Police Department. He noted that Ms. Saxton had intended to be present to accept the Proclamation, but had a last- minute conflict arise. Chief Huff urged all people to look out for others and learn how to help them, if needed. PROCLAMATION FOR “WATER AND WASTEWATER WORKERS IN AMES WEEK,” SEPTEMBER 19 - 25, 2021: The week of September 19 - 25, 2021, was proclaimed by the Mayor as “Water and Wastewater Worker Appreciation Week” in Ames. He commented that the water and wastewater utilities are a critical engine that powers the economic growth and vitality of the community. The workforce for those utilities have dedicated themselves to applying their environmental passion and commitment to scientific principles to the protection and enhancement of water resources in and around Ames. Because of their dedication, these essential services are available to homes and businesses in Ames 24 hours per day every day of the year. The Mayor urged all Ames residents to recognize the important role clean water plays in their way of life. Accepting the Proclamation were staff members from the Water and Pollution Control Department: Jake Sisson, Jake Vulgamott, and Derek Crawford; and Public Works Operations and Engineering: Jason Bohning and Scott Shepherd. INFORMATIVE PRESENTATION BY IOWA GAMES STAFF REGARDING AMES HOSTING THE STATE GAMES OF AMERICA: Mayor Haila stated that the 2022 State Games of America will be coming to Ames on July 27 - July 31, 2022. Matt Beatty, Chief Operating Officer for the Iowa Games, said that 2022 will be the 35th year that Ames has been the site for the Iowa Games, but 2022 will be the first year for the State Games of America (SGA) to be held in Ames. Mr. Beatty commented that this event is another opportunity to showcase Ames and Iowa State University. Katie Kramer, Director of Sports and Competitions, explained that the State Games of America is an Olympic-style sports festival for all ages and skill abilities. Every two years the State Games of America is held in a different state. Roughly 40 sports will be represented. Representation from all 50 states is expected with over 15,000 total participants. Registration for most sports opened September 1 with more to open in the next couple months. A map representing the states from where the athletes had already registered was shown; one athlete so far is coming from as far away as Alaska. The list of sports that will be included was shared. Ms. Kramer named the different venues that will be used to accommodate the sports; included in the venues were sites on Iowa State University, Ames Parks and Recreation, Ames Community School District, and some private venues: Perfect Games, Hunziker Youth Sports Complex, All Iowa Attack Fieldhouse, SportsIowa, and MaxOxygen Crossfit. Des Moines Area venues to be utilized were named as Wells Fargo Arena, MidAmerican Energy RecPlex, Wellmark YMCA Pool, and Prairie Ridge Sports Complex. Kevin Bourke, President and CEO of the Ames Convention & Visitors Bureau, advised that the bid for this event was placed in 2015. The event was supposed to be held in Ames in 2021; however, due to COVID, it was postponed. Regarding the impact of this event on Ames, Mr. Bourke stated that it is estimated that SGA will bring in over $3.4 million to Ames and another $1.1 million to the Des Moines Metro. It was noted that approximately 400 hotel rooms have been recently added in Ames to accommodate this type of event. Long-term, this event will bring more awareness of the Iowa Games, which hopefully will increase participation in that event in future years. Social media and an email campaign are being used to promote the SGA. It is hoped that athletes and others in the community will spread the word. Many volunteers will be needed to help facilitate this event. Ms. Kramer explained how the public can help and how to get in touch with staff from the Iowa Sports Foundation and Iowa Games if they have questions. CONSENT AGENDA: Mayor Haila announced that the amount for Item No. 26: Purchase of Electric Services Aluminum Cable should be $99,959.40 (not $98,868). Moved by Betcher, seconded by Junck, 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 August 24, 2021 3. Motion approving Report of Change Orders for period August 16 - 31, 2021 4. RESOLUTION NO. 21-484 setting date of public hearing for September 28, 2021, for approval of Parking Lot P Lease Agreement with Youth and Shelter Services 5. RESOLUTION NO. 21-485 setting date of public hearing for September 28, 2021, to consider vacating a pedestrian easement at 4901 Waller Street (Lot 4, Longview Subdivision, Second Addition) 6. Motion approving ownership update for Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales - Kum & Go #0217, 3111 S Duff Avenue 7. Motion approving new 12-Month Class B Liquor License with Outdoor Service and Sunday Sales - Hilton Garden Inn, 1325 Dickinson Avenue 2 8. Motion approving new 12-Month Class C Liquor License, Outdoor Service and Sunday Sales - Daytime, 127 Dotson Drive 9. Motion approving new 12-Month Class C Liquor License with Sunday Sales - Flip’N Jacks Pancake House & Eatery, 1520 S Dayton Place 10. Motion approving Outdoor Service privilege on existing Class C Liquor License - Es Tas Stanton, 216 Stanton 11. Motion approving new 5-day (October 22-26, 2021) Class C Liquor License for Gateway Hotel & Conference Center, 1800 Christensen Drive 12. Motion approving new 5-day (September 15-19, 2021) Class B Beer Permit - Thirsty Pigs, LLC, 405 5th Street (on September 18) 13. Motion approving new 5-day (September 15-19, 2021) Class B Beer Permit - Thirsty Pigs, LLC, 3600 University Boulevard (on September 19) 14. Motion approving renewal of the following Beer Permits, Wine Permits and Liquor Licenses: a. Class E Liquor License with Class B Wine Permit (Carryout Beer), and Sunday Sales - Kum & Go #0217, 3111 S Duff Avenue b. Class C Liquor License with Catering Privilege and Sunday Sales - Hy-Vee #1 Clubroom, 3800 West Lincoln Way c. Class B Liquor License with Outdoor Service and Sunday Sales - The Love Club, 4625 Reliable Street d. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer), and Sunday Sales - Southgate Expresse, 110 Airport Road e. Class C Beer Permit with Class B Wine Permit and Sunday Sales - Dollar General Store, 3407 Lincoln Way f. Class C Liquor License with Catering Privilege, Outdoor Service, and Sunday Sales - Whiskey River, 132-134 Main Street g. Class C Liquor License with Outdoor Service and Sunday Sales - Wallaby’s Grille, 2733 Stange Road 15. Requests from The Mucky Duck for Anniversary Party on September 25, 2021: a. RESOLUTION NO. 21-486 approving the suspension of parking regulations along the south side of Crystal Street from 110 Crystal Street to Opal Drive from 6:00 a.m. to 11:00 p.m. on September 25 b. Motion approving temporary extension for Outdoor Service area for The Mucky Duck, 3100 South Duff Avenue 16. Requests from Iowa State University Department of Landscape Architecture for “Park(ing) Day” parklet project on September 17, 2021: a. Motion approving Temporary Obstruction Permit b. Resolution no. 21-487 approving suspension of parking regulations and enforcement c. RESOLUTION NO. 21-488 approving waiver of fees for 12 metered parking spaces 17. RESOLUTION NO. 21-489 approving Memorandum of Understanding with IUOE Local 234 for CyRide Shift Premium for Moonlight Express 18. RESOLUTION NO. 21-490 approving Memorandum of Understanding with Story County regarding Cost-Sharing (costs, liability, operations) of Temporary Traffic Signal at 190th and Hyde/Grant 19. Flood Mitigation - River Flooding (Land Acquisition): 3 a. RESOLUTION NO. 21-491 approving Purchase Agreements for: i. Parcel 6: Thomas R. Burke - $572,466.40 (full parcel acquisition) ii. Parcel 7: Jay Brown and Lori B Suvalsky - $154,778.28 (full parcel acquisition) iii. Parcel 10: B and D Land LC - $199,572.72 (partial acquisition) 20. RESOLUTION NO. 21-492 approving Amended and Restated Easements in Baker Subdivision 21. RESOLUTION NO. 21-493 waiving Purchasing Policies and Procedures competitive bidding process and awarding a sole-source contract for the purchase of GRIDSMART Traffic Intersection Camera System to General Traffic Controls of Spencer, Iowa, in an amount not to exceed $195,000 22.RESOLUTION NO. 21-494 awarding contract to Baker Group of Ankeny, Iowa, for the purchase and installation of Variable Frequency Drives for Unit 8 Cooling Tower for the Power Plant in the amount of $158,467 (inclusive of sales tax) 23. RESOLUTION NO. 21-495 awarding contract to Wesco Distribution of Des Moines, Iowa, for purchase of Electric Services aluminum cable in accordance with bid in the amount of $99,959.40nclusive of Iowa sales tax) 24. Motion rejecting all bids for Auditorium HVAC Replacement and directing staff to re-evaluate the project plans and identify additional funding for a future bid letting 25. RESOLUTION NO. 21-496 approving contract and bond for 2021/22 Shared Use Path Maintenance 26.3100 South Riverside Drive: a. RESOLUTION NO. 21-497 approving waiver of Minor Subdivision Regulations and deferral of sidewalk installation along Aviation Way b. RESOLUTION NO. 21-498 approving Plat of Survey for division of land into two parcels located southeast of intersection of Airport Road and S. Riverside Drive 27. RESOLUTION NO. 21-499 approving Minor Final Plat for Compass Subdivision Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened Public Forum. Doug Moore, 3938 Squaw Valley, Ames, airplane owner and pilot, advised that he currently utilizes a hangar on the south end of the Ames Municipal Airport. He stated that he, along with many others airplane owners and users of the Airport, are incredibly happy - and the community is incredibly lucky - to have Central Iowa Air, and specifically Nicole Kyle and her team, managing the Airport. According to Mr. Moore, on August 14, 2021, the Ames Airport hosted the Iowa Fly-In. The event had been canceled last year due to COVID. A decision was made to down-size it this year, and Ms. Kyle and her team did a fantastic job facilitating the event with a very small number of volunteers. Approximately 50 airplanes flew in to Ames that day. They served 200 - 300 people at the pancake breakfast that morning. The money from the pancake breakfast was donated to the Boys & Girls Club. Also, according to Mr. Moore, last week on “Game Day,” 50 airplanes flew in to Ames. He has seen that event become total chaos in the past; however, he saw the Ames Municipal Airport “as a well-oiled machine,” even when three large aircraft came in in fewer than ten minutes. Mr. Moore also noted that the Airport grounds have never looked better, which is the result of Central Iowa Air and very few volunteers. 4 Richard Deyoe, 505-8th Street, #2, Ames, Iowa, stated that he had recently spoken with Mayor Haila, Chief Huff, and Julie Saxton. He was told last Friday that he was no longer able to open the doors for people at City Hall. Mr. Deyoe said he was led to believe that he would be allowed to continue to open the doors for staff and visitors, but now, he was told that he can only stand back and greet them. He was also told by Julie Saxton that they didn’t like what he was saying about Mayor Haila and her; however, he does not know what they are referring to. Susie Petra, 2011 Duff Avenue, Ames, noted that she had previously sent an email to the Mayor, City Council, and City Manager Steve Schainker referencing a study done by the Minnesota Pollution Control Agency, which showed the benefits and cost-savings of going to an organized waste collection system. Ms. Petra believes that a similar study, if done by Ames, would be highly beneficial economically and contribute to the City’s commitment to address climate and conservation. Ms. Petra commented that the City currently licenses 11 different companies to haul garbage; nine have residential routes, crisscrossing streets and alleys in nearly every neighborhood. She asked the Council to consider the impact that the 25- to 30-ton trucks have on City streets. Ms. Petra clarified that by referring to the alternative as an organized waste collection system does not mean that there would only be one waste hauler. It means that the City would be organized into collection zones; each hauler retains its market share similar to what they currently have. The benefits would be to the customer, haulers, City, and environment. Customers would see reduced rates; haulers would see reduced costs of diesel fuel and vehicle maintenance; the City would see a reduction in road wear and maintenance costs; and the environment would have a reduction in emissions and result in cleaner air quality for Ames residents. According to Ms. Petra, there are other areas that could be explored, such as picking up recyclables, compost, and yard waste, which would provide a great benefit to the Resource Recovery facility. It was noted by Ms. Petra that the Ames League of Women Voters, in 2020, had submitted a report to the Council entitled “The Ames Resource Recovery System” In that report, the City was asked to consider looking at alternatives to its current waste collection system and suggested using as a model the Minnesota Study, which Ms. Petra had previously sent to the Mayor and Council. The City’s commitment in implementing a Climate Action Steering Committee indicates that now is the perfect time for the City to conduct a study on the benefits of an organized Waste Collection System. Mayor Haila informed Ms. Petra that the email that she had sent on this topic wouldl be considered by the City Council under Disposition of Communications on tonight’s Agenda. No one else came forward to speak, and the Mayor closed Public Forum. INCLUSIVE CROSSWALK IN CAMPUSTOWN: Assistant City Manager Brian Phillips recalled that at its August 24, 2021, meeting, the City Council had directed staff to develop a plan for an inclusive crosswalk at the intersection of Welch Avenue and Chamberlain Street in Campustown. Ex officio Member Trevor Poundstone was also directed to obtain student involvement in the project. It was noted that a similar inclusive crosswalk design was installed at 5 the intersection of Fifth Street and Douglas Avenue in 2019 and was just recently (August 2021) repainted. Mr. Phillips advised that staff had prepared a graphic illustration the proposed design for the Welch/Chamberlain intersection. According to Mr. Phillips, there are three issues that Council needed to address: 1. Pattern - whether the Council wants to use the same paint colors as the Downtown crosswalk. 2. Timing of the installation. Staff intends to use a high-quality household latex paint, rather than standard traffic paint primarily due to the lack of availability of the required colors of traffic paint. The latex paint requires a significantly longer drying time; it needs approximately 24 hours to fully cure and protect it from being peeled up by hot vehicle tires driving over it. Also, the installation must occur on a warm, sunny day with no precipitation to be most effective. Given the closing window for optimal weather this season and the need for the paint to cure with minimal disruption overnight, staff recommended that the installation be planned for May 2022 after ISU’s spring semester ends. At that time, temperatures should be suitable for the installation and foot and vehicular traffic will be significantly less. 3. Cost. Staff estimates the cost of the paint and consumable supplies for this project to be less than $1,500. Staff time will be required to organize the logistics, prepare the pavement, supervise the volunteer work, and complete the final clean-up required to open the intersection; however, the staff time costs would not be charged to the project. It was the recommendation of staff that the funding for the paint and supplies come from the Road Use Tax Fund, which was the source used to install the original crosswalk in the Downtown. Assistant City Manager Phillips made the Council aware that the expected life of the paint is one to two years given the harsh winter conditions experienced in Ames. He also noted that the 200 block of Welch Avenue, including up to the middle of the intersection in question, is planned to be reconstructed in Summer 2024, which will result in the crosswalk being partially removed. As part of the preparation for that reconstruction project, the City Council could consider directing staff to explore incorporating longer-lasting colored thermoplastic tiles for the crosswalk when the reconstruction has concluded. According to Mr. Phillips, as demonstrated in the recent repainting of the Downtown crosswalk, the installation of an inclusive crosswalk is a project that can easily incorporate volunteers. Staff estimates that preparatory work (measuring and taping) will require additional time compared to the recent Downtown repainting. It is estimated that a team of two to four City staff paired with eight to ten volunteers could tape the outlines in approximately three hours, and up to 15 volunteers could paint the bars and clean up the site in approximately two hours. Moved by Junck, seconded by Betcher, to direct staff to proceed with the design prepared by staff for installation of an inclusive crosswalk at the intersection of Welch Avenue and Chamberlain Street and plan for installation to occur in May 2022 after ISU’s Spring Semester ends. Vote on Motion: 6-0. Motion declared carried unanimously. 6 Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 21-500 authorizing funds from the Road Use Tax Fund to finance the project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Beatty-Hansen, seconded by Betcher, to direct staff to investigate the thermoplastic tile option. Vote on Motion: 6-0. Motion declared carried unanimously. Mr. Poundstone commented that students will have finals in May, but he believes that there will be plenty of volunteers. He just wanted to note that some students might not be available at that time in May 2022. HEARING ON PROPOSAL TO ENTER INTO A GENERAL OBLIGATION URBAN RENEWAL LOAN AGREEMENT (INDOOR AQUATIC CENTER): City Manager Steve Schainker stated that staff is requesting the City Council to pass a resolution authorizing the sale of up to $21,200,000 of General Obligation bonds to help finance a new Indoor Aquatic Center. The proposed indoor pool would replace the facility being demolished by the Ames Community School District in order to make way for the construction of the new high school. As he was requested to do, Mr. Schainker presented a worst-case scenario summary of impact to tax payers if there is no Reinvestment District Revenue. In this scenario, the estimated cost of an indoor aquatics center (in 2023 dollars) will be $31,200,000, which would mean that the City does not receive the $10,000,000 Reinvestment District award, The estimated annual property tax cost increase to residential properties for principal and interest on the General Obligation Bonds would be $21.58 per $100,000 of assessed valuation. He also noted that the estimated annual property tax cost increase for residential properties to finance the projected $400,000 annual operating subsidy would be $0.12 General levy rate increase per $1,000 of taxable valuation. The estimated annual property tax cost increase for residential properties to finance projected $400,000 annual operating subsidy will be $6.92 per $100,000 of assessed valuation. The best case scenario would mean that the City received the $10,000,000 Reinvestment District funding. Mr. Schainker reminded the Council that the City had received a provisional Reinvestment District award of $10,000,000, which was substantially less than what was projected to be generated by the Downtown projects in the City’s application to the state. Mayor Haila opened the public hearing. The Mayor closed the hearing after no one requested to speak. Moved by Corrieri, seconded by Gartin, to adopt RESOLUTION NO. 21-501 taking additional action on a proposal to enter into General Obligation Urban Renewal Loan Agreement in an estimated amount of $21,200,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 7 HEARING ON PROPOSED TEXT AMENDMENT TO REMOVE ALL PARKING REQUIREMENTS FOR AUDITORIUMS, THEATERS, STADIUMS, AND ARENAS WITHIN THE DOWNTOWN SERVICE CENTER AND CAMPUSTOWN SERVICE CENTER ZONING DISTRICTS: The public hearing was opened by Mayor Haila. No one came forward to speak on this topic, and the hearing was closed. Moved by Corrieri, seconded by Beatty-Hansen, to pass on first reading an ordinance removing all parking requirements for auditoriums, theaters, stadiums, and arenas within the Downtown Service Center and Campustown Service Center Zoning Districts. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON INTEGRATED SITE PLAN AMENDMENT FOR 1409 AND 1419 BUCKEYE AVENUE: City Planner Julie Gould noted that the Staff Report had indicated that if the Council were to approve the Final Plat, a condition should be placed on that approval that an updated Treasurer’s Certificate would be required to be filed with the City. However, the City has received the updated Treasurer’s Certificate; therefore, there is no longer a need to place that condition on approval. According to Ms. Gould, the land in question is part of the “Shops at Duff” development, which is the rehabilitation of the former Kmart building and future development of some commercial buildings. The locations of 1409 and 1419 Buckeye was shown; both are outlots and currently grassy areas. Ms. Gould explained that a request from the developer had been received to amend the Integrated Site Plan, which includes a Final Plat and Major Site Development Plan approval. The request would allow a slight expansion and new configuration of “Building B” at 1409 and 1419 Buckeye Avenue. Approval of a Final Plat is being requested because there will be a boundary line adjustment. The only change to the platting of the lots is that the lot line between Lots 6 and 7 will move 87 feet to the south to align where a tenant division will exist within the new building. The lot line change is required to meet Building Code standards. Planner Gould explained the changes to the site plan. Building B, originally approved in 2018, will increase by approximately 1,600 square feet. In addition to the increased size, the biggest change will be to the back of the building. There were formerly two driveways approved; there will now be one access to the loading area and one other access, which will allow for sufficient turning radius for trucks. There will also be a small loading area. Additional landscaping will be required. Fifteen additional parking stalls will be included. Pedestrian circulation will be increased; sidewalks will be constructed along the front. Ms. Gould also explained the architectural enhancements that will be constructed. Noting the prominent location of Buckeye and the attractive buildings located across the street, Mayor Haila questioned whether the City can request certain design standards similar to what was required of the Downtown Fareway. Director Kelly Diekmann noted that additional standards were placed on Fareway because of its location in the Downtown. He showed a map of the proposed addition to Building B, showing the planned enhanced landscaping and screening of the loading dock that would occur as part of the development in question. Director Diekmann stated that there 8 will be architectural design requirements for Building C in the future. At the inquiry of Council Member Gartin concerning the design, Chad Williams, 125 Carson Oaks Lane, Santa Rosa Beach, Florida, representing the developers, stated that they worked with City staff to enhance the design. However, due to the small size of this particular site, it was difficult to make architectural enhancements. They have enhanced the landscaping plans. Mr. Diekmann commented that, other than landscaping, it was difficult to dress-up the back of the building in question. Mr. Williams advised that Buildings C and D are yet to come before the Council. He said that this development will bring five new national tenants to Ames, which he believes the community will be excited to have in the City. They are excited to get the project going. Mayor Haila opened the public hearing. There was no one wishing to speak, and the Mayor closed the hearing. Moved by Gartin, seconded by Martin, to adopt RESOLUTION NO. 21-502 approving the Major Site Development Plan (Integrated Site Plan) Amendment, subject to the following conditions: a. Compliance with the City’s Outdoor Lighting Code b. Provide rooftop mechanical equipment screening located collectively where possible c. Note previous conditions of the Permit that are not herein modified shall continue to apply for the site Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Corrieri, seconded by Martin, to adopt RESOLUTION NO. 21-503 approving the Minor Final Plat for Southwood Subdivision, 5th Addition. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON CYRIDE 2022 HVAC IMPROVEMENTS PROJECT: Mayor Haila declared the public hearing open. He closed the hearing after no one came forward to speak on this issue. Moved by Betcher, seconded by Beatty-Hansen, to accept the Report of Bids and delay award of the contract to allow for Transit Board approval. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON NUISANCE ASSESSMENTS OF SIDEWALK REPAIR/REPLACEMENT AND SNOW/ICE REMOVAL: Moved by Gartin, seconded by Beatty-Hansen, to continue the hearing until September 28, 2021, on assessing costs of sidewalk repair/replacement and snow/ice removal and certifying assessments to Story County Treasurer. Vote on Motion: 6-0. Motion declared carried unanimously. FOLLOW-UP FROM “POLICING IN AMES” REPORT: Chief Huff reviewed the 21 9 prioritization recommendations that resulted from the Policing in Ames: A Path Forward report presented on November 10, 2020. The recommendations were in response to concerns voiced by community members about policing methods, policies, transparency, and philosophies. Mr. Huff explained that staff met with outside groups to gather feedback about which action steps to prioritize for earlier implementation. Chief Huff reviewed the document outlining the actions that have already been completed and the anticipated time frame for completing the remaining recommendations. He noted that the following tasks under the recommendations have been completed: Recommendation #1: The values that drive the City’s Excellence Through People initiative will be revised to include the new values of Diversity, Equity, and Inclusion Recommendation #6: As modifications are made to Police Department polices, revised versions will be updated for the public by way of print, electronic, and other appropriate means of communication. Recommendation #8: As new laws are adopted at the federal and state levels and clarified by the courts, the City will continue to use Lexipol to review the Ames Police Department’s existing policies to ensure compliance with the law and commitment to fair and impartial policing. Lexipol will continue to recommend new policies to address areas where policies do not yet exist. Recommendation #15:* Make forms to document complaints more readily available by way of print, electronic, and other appropriate means of communication to provide ample opportunities for the public to register their concerns about incidents. The forms will also be available under the Civics page of the Public Library under their listing of links. *According to Chief Huff, a form still has to be uploaded by Information Technology; it was thought that that would have been done today, but it was not. It should be done tomorrow. Chief Huff also commented that, currently, people can email, call, or go to the Police Department and register complaints or concerns. Once the form has been uploaded, people can go to the City’s Website, click on a link, fill out the form, and hit “Submit.” It will then be emailed directly to Chief Huff. Another avenue will be to file complaints/concerns with the Ames Resident Police Advisory Committee (ARPAC), which will be discussed after this item on the Agenda. Recommendation #12: Publish quarterly reports regarding the use of force statistics, with a breakdown of race and other demographics, where known, by way of print, electronic, and other appropriate means of communication. Recommendation #11: Publish quarterly summaries regarding citations (e.g., traffic tickets) and arrests, with a breakdown of race and other demographics, where 10 known, by way of print, electronic, and other appropriate means of communication. Chief Huff advised that July and August Monthly Activity Reports for both Recommendation #12 and #11 are currently available on social media, on the Police Department’s Website, and on the Public Library page under its Civics link. It was noted that the request was for the Activity Reports to be published quarterly; however, the Police Department reports their data on a monthly basis, so the Reports will be published monthly. Mayor Haila asked Chief Huff to comment about additional clarification being requested after the arrest data were made available. Chief Huff explained that a question had arisen about the differences between discretionary and non-discretionary arrests, which has been clarified in the most-recent arrest data report. He described a discretionary arrest as one where an officer notices some kind of violation. A stop will be made and the incident investigated, and the officer will then make a decision as to whether an arrest is the right tool to fix the issue and whether he/she wants to take any enforcement action. A non-discretionary arrest is one where the officer didn’t have a choice; he/she is required to take action; e.g., an Arrest Warrant had been issued for things like Contempt of Court (failure to appear, violating a No-Contact Order).Other examples given were Driving Under Suspension, Driving While Barred, Driving Under Revocation, and Domestic Violence/Abuse. Council Member Betcher pointed out that Recommendations #6, #11, and #12 all deal with information that is to be disseminated in various ways. She voiced her desire for that information to also be made available to people who may not have electronic means to access it. She asked if the information was going to be available in print (hard copy) at the Library or only available on the Civics link. Chief Huff responded that, currently, it is only available on the Civics link; however, staff can probably figure out how to get printed copies. If requested, printed versions would be available at the Police Department. Ms. Betcher said that she would appreciate having at least one printed copy available at the Public Library. According to Chief Huff, tasks to be completed in the first quarter of FY 2021/22 as follows: Recommendation #16: Create an Ames Resident Police Advisory Committee (ARPAC). Chief Huff noted that Assistant City Manager Phillips will speak on this Recommendation immediately following this item. Mayor Haila clarified that Quarter 1, 2, 3, and 4 mean fiscal quarters (July 1 - September 30, October 1 - December 31, January 1 - March 31, and April 1 - June 30). Recommendation #14: Conduct periodic studies of traffic stop statistics to identify whether racial disparity exists in the traffic stops conducted by the Police Department and publish this data by way of print, electronic, and other appropriate means of communication. 11 According to Chief Huff, staff is working on analyzing traffic stop data from 2018 and 2019 right now, and it will be made available soon. He noted that the remainder of the fourth sentence under “Comments” on the right side of the page was inadvertently cut off. It should say that, due to the pandemic, the 2020 and 2021 data are probably not valid or reliable. They will also have to look at 2022 data to see how reliable that turns out to be. Recommendation #18: Provide periodic updates to the public from the Chief of Police regarding activities, current events, policies, and less-understood aspects of the Police Department by way of print, electronic, and other appropriate means of communication. Chief Huff said that he has started to do some of that, which he posts on social media. However, they will have to come up with some other ways to make it available (other than just by social media). The following tasks are to be completed in Quarter 2: Recommendation #7: An independent review of the Police Department policies will be periodically undertaken by a citizen committee. [See Recommendation #16 regarding the creation of an Ames Resident Police Advisory Committee (ARPAC).] This Recommendation was placed in Quarter 2 because the ARPAC has to be created first. Recommendation #13: Create a new system for citizens to report bias incidents*; publish the data by way of print, electronic, and other appropriate means of communication; and share these reports with the Human Relations Commission for follow-up. (*Bias incidents are events where there is a connection to racial bias, but do not meet the requirements for a hate crime). According to Chief Huff, this task has proven to be a little more difficult; however, staff is hoping to still accomplish it in Quarter 2. He explained that the way the Police Department system works does not allow for incidents to be coded two different ways, e.g., there could be a bias incident, but it started as a criminal mischief or harassment incident, which is how it would be coded. They are currently trying to figure out a way within the system to be able to pick those incidents out. Tasks to be completed in Quarter 3 are: Recommendation #2: The City Manager will recommend for the FY 2021/22 budget a new full-time position called Diversity, Equity, and Inclusion Coordinator. Chief Huff advised that this is in progress. 12 Recommendation #5: The City Manager will recommend for the FY 2021/22 budget to convert a vacant, authorized Police Officer position to an administrative sergeant position. This item is in the FY 2021/22 Budget. In Quarter 4, the following tasks are to be completed: Recommendation #3: Realizing that all individuals have some form of implicit bias, the Human Resources staff will explore additional validated evaluation tools to use in the Police Officer selection process to determine whether candidates have a propensity to inappropriately act upon bias. According to Chief Huff, this has been placed in Quarter 4 because they would first like to get the Diversity, Equity, and Inclusion (DEI) Coordinator on board, who would then be able to help with this item. Recommendation #4: The Human Resources Department will develop a more formalized training curriculum for officers regarding diversity and bias topics. It was explained by Chief Huff that this is in Quarter 4 because they want to get the DEI Coordinator on board first. Recommendation #19: Refresh the Police Department pages of the City’s website to ensure the information is clear, concise, and user-friendly for community members. This task is being worked on now and may happen sooner that Quarter 4. It is hoped that the ARPAC can assist the Department understand how information can more easily be found on the Website. Recommendation #9: Adopt an ordinance prohibiting any member of the City of Ames organization from racial profiling or taking actions that are indicative of bias in the delivery of City services. This task is the responsibility of the Legal Department. Staff from that Department is currently researching how to best put an ordinance of that type together. Recommendation #10: Adopt a local ordinance that prohibits filing false reports or providing false information to police against an individual because of race or another protected characteristic. Chief Huff said that the Legal Department is also researching how best to word this type of 13 ordinance. Tasks that are on the prioritization list, but do not have a time line, are: Recommendation No. 17: Adopt the City Council-approved recommendations from the ISU Community and Regional Planning class(es) regarding the best communication techniques to reach under-represented populations in Ames, and explore the potential for continuing relationship with these classes. This is the responsibility of the City Manager, who is currently working on this task and determining how best to accomplish it. The City Council continues to work with a Community & Regional Planning class at ISU as the students seek to evaluate the best techniques for engaging the under- represented groups in the community. Recommendation No. 17A: City Council to host community conversations with representatives from the marginalized communities in Ames and agencies that work with them, with the goals of 1) obtaining input about the policy issues (not just policing issues) of importance to these groups as well as 2) establishing an ongoing “communication pipeline” with them. Discussions with a number of community members have begun to develop a plan to accomplish this meeting. Recommendation No. 20: The City Council will adopt a policy that no surplus armored military vehicles may be purchased or accepted for City use. Chief Huff noted that this task has been moved to Quarter 2. The City’s Purchasing Policies must be amended first to prohibit the purchase or acceptance of surplus armored military vehicles, and that is currently being worked on. Recommendation No. 21: Make sure that the topic of social justice is made part of the discussion when the City Council once again considers ASSET funding priorities for FY 2022/23. The next opportunity to discuss the topic of social justice as it relates to the City’s ASSET funding priorities will be in June/July 2022 when the FY 2023/24 priorities are established. Referencing Recommendation #5, Council Member Betcher commented that the conversion of a vacant authorized Police Officer position to an administrative sergeant position was shown as going to be filled in 2022 “after other police officer positions are filled.” She acknowledged that the Ames Police Department, like many other police departments, is having difficulty hiring police officers. Ms. Betcher asked if that is likely to cause a delay in the shifting of that position. Chief Huff advised that the Ames Police Department is currently down ten Police Officer positions. There are some 14 conditional offers out right now; they are working through the process. A new process they are trying out is to state the position is “open until filled.” Testing will occur in October, November, and December, which is something that has not happened before, with the hope that ten officers will be hired by December. If that goes well, the position might be able to be added in the March/April 2022 time frame. It was noted by the Chief that other officers might leave or candidates might not pass the background or testing process. Assistant City Manager Phillips shared that once the City is in the position to hire for the Administrative Sergeant position, the process should go fairly quickly as staff is working through the process right now to establish a Civil Service Certified List. That List is being created due to a Sergeant position currently being vacant. Regarding Item No. 21 pertaining to the topic of social justice being made part of the discussion when ASSET funding priorities for FY 2022/23, Council Member Betcher recalled that the Council had already voted to have a workshop (sometime before June). City Manager Schainker stated that Assistant City Manager Deb Schildroth will be talking about the ASSET priorities starting in June or July. He suggested that the workshop be held prior to June. Moved by Beatty-Hansen, seconded by Junck, to approve the prioritization of action steps, as presented. Vote on Motion: 6-0. Motion declared carried unanimously. ORDINANCE CREATING AMES RESIDENT POLICE ADVISORY COMMITTEE (ARPAC): Assistant City Manager Phillips stated that, as the listing of recommendations from the “Policing in Ames” Report are being considered, one of the most involved is the creation of a new committee: the Ames Resident Police Advisory Committee ( ARPAC.). The details to be presented at this meeting regarding ARPAC are reflective of the directive provided by the Council last November when this was previously discussed. He emphasized that one of the organizational values that the City has is continuous improvement, and it is hoped that the Council will see that that value is threaded throughout the manner in which the ARPAC is set up and the purposes of the Committee. The purposes of the ARPAC were listed as follows: 1. To provide a resident perspective to the policies and actions of the Ames Police Department (APD). 2. Suggest improvements to Department policies. 3. Ensure that the actions of the Police Department meet the standards, not only of the Department itself, but of the community as a whole. To accomplish this, ARPAC will have several specific functions, as follows: 1. Receive complaints from the public and ensure that they are routed appropriately to the Police Department for proper investigation. 15 2. Review the Departmental Policies and Procedures and provide comments and suggestions for improvements to the Police Chief and the City Manager. 3. Conduct outreach to individuals and groups in Ames regarding concerns related to public safety, rights and responsibilities of residents in law enforcement interactions, and processes and resources for filing complaints. 4. Provide feedback to the Chief of Police regarding potential commendations for officers in instances where those are under consideration. 5. Meet with the Chief of Police after a complaint has been investigated, but before a decision has been made regarding what to do about that complaint, to discuss the investigation that the Department undertook into the complaint and provide input. ARPAC Membership. The seven members of the Committee are proposed to have three-year terms. The membership will have serious responsibilities, and the process for selecting the members will be more involved than that of other City Boards/Commissions. There will be additional questions on the application to gather how the applicant will remain committed to the principles of impartiality and not be prejudiced in favor of either the complainant or officers. According to Mr. Phillips, the Committee members will potentially be going into Closed Sessions from time to time; therefore, they will have to be able to handle confidential information. The ordinance requires that the membership of the Committee be representative of the community insofar as that is practicable. The Mayor will appoint the members with approval of the City Council. Mr. Phillips stated that the Committee would also be required to participate in a significant amount of initial training and ongoing continuing education. He noted that the ordinance that has been drafted specifically mentions an organization called National Association for Civilian Oversight of Law Enforcement (NACOLE). He noted that there was a typo in the Draft Ordinance; it should be National Association for Civilian Oversight of Law Enforcement. Assistant City Manager Phillips said that, since the Draft Ordinance was created, a question has arisen as to whether to include NACOLE specifically. Staff has thought more about this and realized that there are other resources available, in addition to NACOLE, that may provide information about how citizen review boards can operate and what training they should receive. According to Mr. Phillips, it is now the suggestion of staff to indicate, in Section 2.55(3) of the Ordinance, that the educational subjects would be recommended by City staff, rather than a particular organization. Staff recommended striking the specific reference to NACOLE from the Ordinance. Lastly, it would be the responsibility of the ARPAC to prepare an annual report to the City Council to include: 1. The number of complaints reviewed and the nature of such complaints. 2. Demographic information of the complainants, when disclosed by the complainants. 3. A summary of policies reviewed and any changes being recommended. 16 4. A summary of Committee training received. 5. A summary of outreach activities conducted. 6. Concerns regarding complaint investigation outcomes. Regarding Section 2.54(3), City Manager Schainker noted that the categories of complaints will be specified. He commented that the City will not be investigating every complaint, e.g., speeding tickets, overtime parking tickets, etc. Council Member Betcher stated that she is concerned about how the City will get people from all the communities of Ames to serve on ARPAC, especially those from the under-represented areas. Mayor Haila responded that he had tried to recruit persons to apply to serve on Boards and Commissions in attempts to get diverse membership, but it has been difficult. Referencing the desire for student involvement, Ms. Betcher questioned whether there would be a possibility of creating two-year terms for students to have continuity, rather than one-year positions. Mr. Phillips replied that if the Council so desired, that could be done; however, it will take some time to learn and be trained. Ms. Betcher said that she would like to have a dedicated student position, especially because students represent half of the population of Ames. Council Member Junck acknowledged that she would be supportive of at least one two-year term. She felt that a one- year term might be too steep of a learning curve. Mayor Haila noted that staggered terms would allow for a trial run. The one-year student terms on other Boards/Commissions membership have allowed for a student to try it out first and apply for a longer term in the future, if desired. He suggested that he could reach out to Student Government for suggestions on whom they believe would be good candidates. Council Member Martin asked if it would be possible for the Mayor to have the power to appoint to either a two-year or three-year term. He felt that would give flexibility for students and help balance the Committee. Mr. Martin suggested that, since staggering of terms on start-up of the Committee is already addressed in the Draft Ordinance, this is something that the next City Council could take under advisement. Referencing Section 2.54 of the Draft Ordinance pertaining to the Complaint Review Process, Council Member Gartin asked if there was any expectation of the frequency of the Committee meetings. Mr. Phillips answered that the Ordinance states that the Committee will be expected to meet no fewer than four times per year; they certainly can meet more often than that if there are active complaints that need to be reviewed. Staff also needs to get a sense of the time commitment needed for training. It is not known whether there will be more or fewer complaints than presently get filed once the ARPAC is formed. Mr. Gartin noted that, if this group is going to be able to provide a meaningful oversight, the Committee has to be equipped with the tools. He acknowledged that there will be a learning curve, but the Committee definitely needs to have a high level of training. Also, since there will be the possibility of going into closed sessions [2.54(4) of the Draft 17 Ordinance], Mr. Gartin asked if there is an expectation for staff from the City Attorney’s office to attend all of the Committee’s meetings. He said he was trying to get an understanding of the time commitment being put on City staff. Mr. Phillips answered that it will depend on the type of complaint; not all complaints will result in a closed session. Council Member Martin said that they should take a moment to recognize that the City of Ames is privileged to be in this position: that the Council is able to consider creating the Committee in question from a position of strength in the community. It is based on the existence of really good community relationships, although not perfect. A lot of people are going to volunteer to serve on this Committee for a lot of good reasons. He said he was proud of the community for having established that relationship and thanked the City Manager and the Police Department for having the confidence to be able to do this. It is not coming from crisis; it is coming from a desire for continuous improvement. The Mayor asked if there was anyone from the public who wished to provide input. No one came forward to speak. Moved by Martin, seconded by Betcher, to amend the Ordinance regarding the ARPAC membership to strike the reference to the National Association for the Civilian Oversight of Law Enforcement (NACOLE) and replace with “City staff.” Mayor Haila vowed that he and the Council will work hard together and he will take into account the request for the student terms. It might take a year or two to work through the process. Roll Call Vote: 6-0. Motion declared carried unanimously. Council Member Gartin asked, regarding student representation, if only Iowa State University students would be considered or if students from DMACC could also be considered. The Mayor said he will work through it. He will reach out to Student Government for suggestions. Moved by Junck, seconded by Betcher, to pass on first reading an ordinance creating the Resident Police Advisory Committee, as amended. Roll Call Vote: 6-0. Motion declared carried unanimously. Chief Huff thanked the Council for its support. He acknowledged that the staff of the Police Department recognizes these actions as continuous improvement and are all onboard with the initiatives. DOWNTOWN PLAZA ICE-SKATING RIBBON: Parks and Recreation Director Keith Abraham explained that there are two options regarding ice for the skating ribbon: synthetic ice or real (natural) ice. City staff traveled to Arden Hills, Minnesota, to skate on synthetic ice before making a recommendation. Feedback on synthetic ice versus real ice was solicited from members of the U. S. Rink Association. According to Mr. Abraham, the decision came down to user experience. Synthetic ice does not provide the type of experience skaters hope to have. He noted that Confluence 18 had told City staff that there would be additional costs if natural ice were to be used. Moved by Beatty, seconded by Martin, to adopt RESOLUTION NO. 21-504 approving proceeding with the design of an ice-skating ribbon utilizing real (natural) ice. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 21-505 approving Change Order No. 1 to increase the Confluence contract by $52,000 for additional design fees associated with designing an ice system utilizing real (natural) ice. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE CORRECTING AMES MUNICIPAL CODE SECTION 6.2(4) REGARDING TERMS OF OFFICE FOR MARY GREELEY MEDICAL CENTER BOARD OF TRUSTEES: Mayor Haila asked if there was anyone wishing to provide public input on this matter. Seeing none, the Mayor asked for action by the Council. Moved by Corrieri, seconded by Martin, to pass on first reading an ordinance correcting Ames Municipal Code Section 6.2(4) regarding the terms of office for Mary Greeley Medical Center Board of Trustees. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Beatty-Hansen, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Junck, to pass on second and third readings and adopt ORDINANCE NO. 4446 correcting Ames Municipal Code Section 6.2(4) regarding the terms of office for Mary Greeley Medical Center Board of Trustees. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ORDINANCE ADOPTING 2021 EDITION OF THE UNIFORM PLUMBING CODE AND 2021 EDITION OF THE INTERNATIONAL MECHANICAL CODE WITH STATE AND LOCAL AMENDMENTS: Moved by Corrieri, seconded by Beatty-Hansen, to pass on second reading an ordinance adopting, by reference, the 2021 Edition of the Uniform Plumbing Code and the 2021 Edition of the International Mechanical Code with State and local amendments, including the movement of the Cross-Connection Control requirements to Chapter 28 of the Ames Municipal Code. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Martin, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. 19 Moved by Corrieri, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4447 adopting, by reference, the 2021 Edition of the Uniform Plumbing Code and the 2021 Edition of the International Mechanical Code with State and local amendments, including the movement of the Cross- Connection Control requirements to Chapter 28 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. Moved by Beatty-Hansen, seconded by Junck, to pass on second reading an ordinance inserting a new Section 28.209B to adopt the cross-connection control standards of the 2021 Uniform Plumbing Code along with existing local amendments that are being relocated from Chapter 5. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Martin, seconded by Beatty-Hansen, to suspend the rules necessary for the adoption of an ordinance. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Martin, to pass on third reading and adopt ORDINANCE NO. 4448 inserting a new Section 28.209B to adopt the cross-connection control standards of the 2021 Uniform Plumbing Code along with existing local amendments that are being relocated from Chapter 5. Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. REZONING PROPERTY AT 525-6TH STREET FROM RESIDENTIAL MEDIUM DENSITY TO SPECIAL PURPOSE GOVERNMENT/AIRPORT DISTRICT: Move by Corrieri, seconded by Martin, to pass on third reading and adopt ORDINANCE NO. 4445 rezoning property at 525-6th Street from Residential Medium Density (RM) to Special Purpose Government/Airport District (SGA). Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. DISPOSITION OF COMMUNICATION TO COUNCIL: Moved by Junck, seconded by Betcher, to refer to staff for a memo Susie Petra’s request for a study to be conduced on the City’s current waste collection services, its efficiency, economic benefits, plus its contribution to fuel consumption and emissions. City Manager Schainker concurred that a study will be needed. He is in favor of it; however, there are a lot of components to it and the concept itself is complicated. Due to other large projects that are being worked on presently, staff will just not be able to get to it right away. Vote on Motion: 6-0. Motion declared carried unanimously. COUNCIL COMMENTS: Council Member Betcher noted that Ames will be having its first “Engagement Festival - Play Ames - Imagine Your City” on Saturday, September 25, 2021, from 12:00 Noon to 5:00 PM at four locations around the City. She encouraged the public to check the City website for information about this event and how to become engaged in activities that can make 20 Ames a better city. City Council members and City staff will be available at the various sites to interact with residents. Council Member Gartin noted that a program sponsored by the Ames Chapter of the NAACP and co-sponsored by the Ames Police Department on reducing recidivism will be held on September 23, 2021, at 6:00 p.m. According to Mr. Gartin, a very strong panel of speakers has been put together and will focus on community response to those who have recently been incarcerated and who are struggling to make a path forward. There will be two people who were formerly incarcerated who will share their stories. This program can be watched virtually or people can attend in person at the Ames City Auditorium. Ex officio Member Trevor Poundstone commented that Student Government will be having a candidate forum with School Board candidates in the near future. Also, the ISU Director of Sustainability is interested in a community garden involving the City and Iowa State. Mr. Poundstone said that once he has more information about these items, he will pass the information on to the Council. Mayor Haila asked Assistant City Manager Brian Phillips to explain some of the details about the 30th Anniversary of Public Art Commission, which will occur on September 22 at 4:00 p.m. Mr. Phillips noted that the history of the Commission will be presented; there will be a, walking tour of the artwork in City Hall, and refreshments will be available in the City Hall Gymnasium. The Mayor noted that a virtual event regarding suicide prevention will be held on September 21 at 5:00 p.m. Kevin Heinz, who had attempted suicide by jumping off the Golden Gate Bridge and survived, will be the key speaker. 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 Betcher, 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 City Council entered into a Closed Session at 8:33 p.m. and reconvened in Regular Session at 8:48 p.m. ADJOURNMENT: Moved by Martin to adjourn the meeting at 8:52 p.m. __________________________________ ____________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor 21 REPORT OF CONTRACT CHANGE ORDERS General Description Change Original Contract Total of Prior Amount this Change Contact Water & Pollution Control Improvements LC Services Relocation Design Services Procurement Services Procurement Division of Mechanical Dynamics & Analysis LLC Vault & Taxiway A Lighting Roadway Improvements Period: Item No. 5 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA SEPTEMBER 23, 2021 The Regular Meeting of the Ames Civil Service Commission was called to order by Chairperson Mike Crum at 8:15 a.m. on September 23, 2021. As it was impractical for the Commission members to attend in person, Commission Chairperson Mike Crum and Commission Members Harold Pike and Kim Linduska were brought in telephonically. Also participating telephonically was Human Resources Director Bethany Jorgenson. APPROVAL OF MINUTES OF AUGUST 26, 2021: Moved by Pike, seconded by Linduska, to approve the Minutes of the August 26, 2021, Special Civil Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Crum, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Apprentice Electric Lineworker Jesse Black 77 Josh Duggan 76 Tanner Henniges 74 Client Support Specialist II Tyler Delaney 82 Environmental Instrument & Control Tech Jared Miller 79 Police Officer Pranav Ravivenkatesh 89 Arieanna Junghans 87* Adam Kreiner 86* Chris Hector Rodriguez-Colin 86 Gavin Smith 86 Carter Davis 84 Scott Hengesteg 78 Daniel Eisenstein 77 Procurement Specialist II Amanda Moore 81 *Includes Preference Points Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF PROMOTIONAL-LEVEL APPLICANTS: Moved by Linduska, seconded by Crum, to certify the following individuals to the Ames City Council as Promotional-Level Applicants: Lead Mechanic (CyRide)Brian Stalzer 84 John Jackson 75 Quentin Toresdahl 75 Police Sergeant Ryan Hauge 88 Lane Thayer 88 Chad Lovig 83 Andrej Klaric 82 Mitchell Koepping 80 Dilok Phanchantraurai 78 John Barney 77 Tyler Fischer 77 Vincent Junior 76 Vote on Motion: 3-0. Motion declared carried unanimously. Chairperson Crum noted that, on the Agenda for this meeting, there were four requests from the Human Resources Department to remove names from Certified Lists. He commented that the information provided to the Commission was thorough and they would not need to discuss each one individually unless any of the Item No. 6 Commission members had questions. The Commission members were asked if they had any questions of Director Jorgenson. Commission Member Pike, noting that the Civil Service Commission is seeing more and more of these requests, asked about the process. Ms. Jorgenson answered that the Human Resources Department has started being more consistent with the correct procedure by bringing the request to the Commission to officially approve removing names and exhausting the List. In the past, when the criteria for removal of names from a Certified List (Section 4.2 of the Civil Service Commission Policies and Procedures) were met, Human Resources staff removed the names, exhausted the List, and began new recruitments without asking the Commission to take official action. Therefore, the Civil Service Commission will start seeing more Requests to remove names from Certified Lists. Director Jorgenson shared that she is seeing a trend, especially in Public Works and Electric, where, due to the process, candidates have already accepted other jobs by the time an offer is made by the City. REQUEST TO REMOVE NAME FROM ENVIRONMENTAL INSTRUMENT & CONTROL TECHNICIAN CERTIFIED LIST: Moved by Crum, seconded by Pike, to approve the request to remove name from the Environmental Instrument & Control Technician Certified List. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAMES FROM PROCESS MAINTENANCE WORKER CERTIFIED LIST: Moved by Linduska, seconded by Crum, to approve the request to remove names from the Process Maintenance Worker Certified List. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM POLICE OFFICER CERTIFIED LIST: Moved by Pike, seconded by Crum, to approve the request to remove name from the Police Officer Certified List. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO REMOVE NAME FROM PUBLIC SAFETY DISPATCHER CERTIED LIST: Moved by Crum, seconded by Linduska, to approve the request to remove name from Public Safety Dispatcher Certified List. Vote on Motion: 3-0. Motion declared carried unanimously. REQUEST TO CANCEL REGULAR MEETING DATES AND SET NEW REGULAR MEETING DATES FOR NOVEMBER AND DECEMBER 2021: Moved by Crum, seconded by Pike, to cancel November 25, 2021, and December 23, 2021, Regular Meeting dates and set November 18, 2021, and December 16, 2021 as Regular Meeting dates. Vote on Motion: 3-0. Motion declared carried unanimously. COMMENTS: The next Regular Meeting of the Ames Civil Service Commission is scheduled for October 28, 2021, at 8:15 a.m. ADJOURNMENT: The meeting adjourned at 8:22 a.m. __________________________________ _______________________________________ Michael R. Crum, Chairperson Diane R. Voss, City Clerk 2 Smart Choice 515.239.5133 non-emergency Administration fax 515 Clark Ave. P.O. Box 811 To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: September 13th, 2021 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for September 28th, 2021 includes beer permits and liquor license renewals for: •Sips & Paddy’s Irish Pub (126 Welch Ave) – Class C Liquor License with Outdoor Service & Sunday Sales A review of police records for the past 6 months found 3 liquor law violations. Those 3 individuals were cited for being underage on premise and all 3 of those individuals were in possession of a fake ID. This is a significant improvement since the last license renewal. The Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks and by educating the bar staff through training and quarterly meetings. The Ames Police Department recommends license renewal for the above business. Item No. 7  !"#$!%&$&$$'(&"!!"#)*)%+,*-.,..&(1 617 "789:;<&)==*>$(1 617 9?@ <&)==*>&#)*)%+,*-.,..?4G8139:+HI6@G2J396 B!( O&(&2@77GPQ9:G31R71 (*+9R84$ T&($O&(S   -./0 1/*/, 2.3 3 1./. ) 4 5 6),718.3 9:1:-./.2,) < = @ABCB DD< EEF@A G < = @ABCB < EEF@A GJ"N."OL$MJP'L"RS; V;<TR WW XY; R Z Q; R Y;Y; R YRRQ QX WW XY;R YRRQ QX Z Q; R Y; XY; SQ; WQWW XY;SQ; WQZ Q; R Y; Page 1 of 2 Applicant NAME OF LEGAL ENTITY Aldi, Inc. NAME OF BUSINESS(DBA) Aldi, Inc. #48 BUSINESS (515) 233-8888 ADDRESS OF PREMISES 108 South 5th Street CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 4201 Bagley Avenue North CITY Faribault STATE Minnesota ZIP 55021-8556 Contact Person NAME Teri Holicky PHONE (507) 333-9460 EMAIL teri.holicky@aldi.us License Information LICENSE NUMBER BC0028132 LICENSE/PERMIT TYPE Class C Beer Permit TERM 12 Month EFFECTIVE DATE Nov 1, 2020 EXPIRATION DATE Oct 31, 2021 SUB-PERMITS/PRIVILEGES Class B Wine Permit, Sunday Service Item No. 8 Page 2 of 2 Status of Business BUSINESS TYPE Privately Held Corporation Ownership NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN David Behm Elmhurst Illinois 60126 President 0.00 Yes Eric Riegger Hinsdale Illinois 60521 Treasurer 0.00 No Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE Smart Choice 515.239.5133 non-emergency 515.239.5130 Administration 515.239.5429 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Police Department MEMO To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: September 13, 2021 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for September 28th, 2021, includes beer permits and liquor license renewals for: •Hy-Vee Food & Drugstore #2 (640 Lincoln Way) - Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout) and Sunday Sales •Hy-Vee Food Store #1 (3800 W Lincoln Way) - Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout) and Sunday Sales •Bullseye Restaurant Group LLC (Boulder Tap House – 114 South Duff Ave) - Class C Liquor License with Sunday Sales •CVS/pharmacy #10452 (2420 Lincoln Way #104) - Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout Beer) and Sunday Sales •Aldi, Inc. (108 South 5th St) - Class C Beer Permit with Class B Wine Permit and Sunday Sales •Chica Shack (131 Welch Ave) - Class B Beer with Sunday Sales •Docs Stop (2720 E 13th Street) – Class C Beer Permit with 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. Item No. 9 Smart Choice 515.239.5133 non-emergency 515.239.5130 Administration 515.239.5429 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org Police Department MEMO To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: September 13, 2021 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for September 28th, 2021, includes beer permits and liquor license renewals for: •Macubana (116 Welch Ave) - Class B Beer with Sunday Sales A review of police records for the past 12 months found one liquor law violation for the above business. During a compliance check on March 25th, 2021 an employee sold alcohol to a minor and was cited accordingly. A follow-up compliance check was completed, and no violations were recorded. The Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks and by educating the bar staff through training and quarterly meetings. The Ames Police Department recommends license renewal for the above business. Item No. 9f Smart Choice 515.239.5133 non-emergency Administration fax 515 To: Mayor John Haila and Ames City Council Members From: Lieutenant Heath Ropp, Ames Police Department Date: September 10, 2021 Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda The Council agenda for September 28, 2021, includes beer permits and liquor license renewals for: •AJ’s Ultra Lounge (2401 Chamberlain St) - Class C Liquor with Class B Native Wine Permit, Outdoor Service and Sunday Sales A review of police records for the past 12 months found 13 liquor law violations. 12 individuals were cited for being underage on premise. 7 of those individuals were in possession of a fake ID. During a compliance check on March 25th, 2021, an employee sold alcohol to a minor and was cited accordingly. A follow-up compliance check was completed, and no violations were recorded. All 13 of the citations were written in 2021. So far, the Police Department has made recommendations to improve their performance such as providing additional staffing and utilizing the Iowa ABD Age to Purchase mobile application to scan identifications to ensure validity. Management acknowledged these recommendations and has put these additional measures in place. Since the failed compliance check in March and our suggestions to improve their performance, the establishment has only had 2 violations. The Police Department would recommend renewal of the 12-month license. During this 12-month period, The Police Department will continue to monitor the above location by conducting regular foot patrols, bar checks and by educating the bar staff through trainings and quarterly meetings. Item No. 9i 1 ITEM # 10 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: CERTIFICATION OF LOCAL GOVERNMENT APPROVAL ON BEHALF OF LOCAL NONPROFIT ORGANIZATIONS RECEIVING EMERGENCY SHELTER GRANT (ESG) FUNDS THROUGH IOWA FINANCE AUTHORITY BACKGROUND: The Assault Care Center Extending Shelter and Support (ACCESS) is seeking to submit an application for Federal Emergency Shelter Grant (ESG) funding through the Iowa Finance Authority (IFA). In order to apply for this funding, ACCESS must request a certification from the local government that the program funds are consistent with goals and priorities outlined in the City’s most current CDBG Five-Year Consolidated Plan (2019-2023) for addressing the needs of homeless and low- income households. ACCESS is seeking to apply for approximately $78,137 in ESG funding. Of this amount, $22,590 will be for shelter operations and staff expenses for their office located in Ames and Story County. The remaining $55,547 would be for rapid rehousing and homelessness prevention programming over their five-county service area. Of this amount, Ames/Story County is anticipated to receive an allocation of approximately $28,458 (51%). The “Certification of Local Government Approval” signifies that the City understands and agrees to allow these non-profit agencies to receive federal funds directly through IFA. Also, these certifications confirm that the City approves of IFA administering these grant funds on behalf of the non-profit organizations. The application is for funding beginning January 1, 2022. In order to facilitate the ACCESS application for these ESG shelter grant funds, the Mayor is being asked to sign the attached “Certification of Local Government Approval” on behalf of ACCESS. ALTERNATIVES: 1. Authorize the Mayor to sign the Certification of Local Government Approval for the ACCESS application for ESG grant funding through IFA. 2. Do not authorize the Mayor to sign the Certification of Local Government Approval for the ACCESS application for ESG grant funding through IFA. 2 CITY MANAGER'S RECOMMENDED ACTION: Receiving ESG grant funds administered through the Iowa Finance Authority is very important in helping this agency provide much needed services for the homeless and victims fleeing domestic violence in Ames and Story County. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 3 ITEM # 11 DATE 09-28-21 COUNCIL ACTION FORM SUBJECT: FIREWORKS PERMIT REQUEST FROM ISU HOMECOMING CENTRAL COMMITTEE BACKGROUND: The Homecoming Central Committee at Iowa State University is again planning to host its annual Homecoming activities. This includes a fireworks display on Central Campus as part of mass campaniling. The fireworks permit is being requested for ground effects firework display on Central Campus at midnight (12:00 a.m.) on Friday night, October 22, 2021. Organizers have informed City staff that they are working with the on-campus Veterans Center to communicate in advance with students who may be distressed by the noise from fireworks. Organizers have also reported they will notify the SCAN neighborhood association about the fireworks display. ALTERNATIVES: 1. Approve the request from the Homecoming Central Committee for a Fireworks Permit for Central Campus on Friday, October 22nd. 2. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: Organizers have taken appropriate steps to plan and implement the event in a safe, well thought-out manner. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above COUNCIL ACTION FORM SUBJECT: ENCROACHMENT PERMIT FOR A SIGN AT 316 MAIN STREET BACKGROUND: The tenant in the building at 316 Main Street, Sweet Carolines, is seeking approval for an encroachment permit that would allow a sign and six lights to hang into the public way. The proposed sign is a projecting sign mounted to the north façade of the building along with six light fixtures. They will extend approximately 32 inches over the sidewalk, but not affect use of the sidewalk. The sign permit application for the proposed sign has been reviewed by the Inspections Division and complies with all regulations regarding signage. The sign permit application is pending approval contingent on the approval of the encroachment permit. Chapter 22.3(3) of the Ames Municipal Code requires approval of the Encroachment Permit Application by the Ames City council before the permit can be issued. By signing the agreement, the owner and tenant 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 which protects the City in case of an accident, and to pay the fee for the encroachment permit. The owner and tenant also understand that this approval may be revoked at any time by the City Council. The fee for this permit is 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 for an encroachment permit. 2. Deny the request for an encroachment permit. CITY MANAGER'S RECOMMENDED ACTION: The applicant has complied with all requirements for the encroachment permit. It is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ITEM # 12 DATE: 09-28-21 RESOLUTION NO. _______ RESOLUTION APPROVING AND ADOPTING SUPPLEMENT NO. 2021-4 TO THE AMES MUNICIPAL CODE BE IT RESOLVED, by the City Council for the City of Ames, Iowa, that in accordance with the provisions of Section 380.8 Code of Iowa, a compilation of ordinances and amendments enacted subsequent to the adoption of the Ames Municipal Code shall be and the same is hereby approved and adopted, under date of October 1, 2021, as Supplement No. 2021-4 to the Ames Municipal Code. Adopted this day of , 2021. ___________________________ John A. Haila, Mayor Attest: _______________________________ Diane R. Voss, City Clerk Item No. 13 1 ITEM # ___14__ DATE 09-28-21 COUNCIL ACTION FORM SUBJECT: AMENDED SICK LEAVE POLICY RELATED TO COVID-19 BACKGROUND: On March 23, 2020, the City Council approved an amended leave policy for City staff which provided special leave for absences related to COVID-19. The amended policy allowed employees to use any form of accrued and unused paid leave to cover absences related to COVID-19 once the special leave was unavailable. This provision applied to employees and their immediate family members requiring care or supervision. The federal provisions requiring special COVID-19 leave expired December 31, 2020. City Council approved three extensions of the City’s policy for COVID leave, and the leave finally expired for City employees June 30, 2021. Therefore, under current policies, any employee with a COVID-related absence may use their sick leave for personal illness or the allotted family sick leave time for care of close family members. Family sick leave is capped at a specific number of hours per employee, per year. COVID-19 quarantine and isolation protocols can result in employees being away for their own quarantine or to care for a family member in quarantine for a substantial number of days. Because these isolations for family members can easily exceed the number of days of available family sick leave, it is proposed that the City’s sick leave policy be amended to provide coverage for any COVID-19-related absence for the employee or any close family member that requires care or supervision. Under this change, COVID-19-related absences would not impact Family Sick Leave amounts. It is proposed that this policy be effective retroactively to July 1, 2021 and remain in effect until December 31, 2021. ALTERNATIVES: 1. Amend the City’s sick leave policy to allow the full use of accrued and unused sick leave for COVID-19-related absences for employees whose close family members who require care or supervision, effective July 1, 2021 until December 31, 2021. 2. Do not modify the City’s family sick leave policy to address COVID-19 absences. CITY MANAGER’S RECOMMENDED ACTION: The City’s workforce continues to experience COVID-related absences for the care of close family members, particularly children who are unable to be vaccinated. These absences often require quarantine periods longer than the City’s Family Sick Leave policy provides. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. Sick Leave Paid sick leave is intended to protect against loss of pay when needed for legitimate illness or injury, and is not guaranteed “time off.” All regular full-time employees accrue sick leave with pay at the rate of eight hours for each calendar month of service. Employees who are on paid leave will continue to accrue sick leave during the absence. Sick leave accrual is pro-rated for regular part-time employees. Employees who begin employment with the City on or prior to the 15th of the month or leave employment after the 15th of the month earn sick leave for that month. Sick leave may be accumulated from year to year with no maximum limit. Sick leave is granted in minimum units of one-half hour. Valid uses of sick leave include: 1. Actual personal illness, pregnancy, childbirth, or related medical conditions 2. Personal injury, either job or non-job-related. An employee receiving temporary disability payments under the workers' compensation laws may use accumulated sick leave in order to maintain a regular income 3. Examinations and consultations with physicians and other health care providers, including the City's Employee Assistance Program 4. Emergency Leave as provided for in this section 5. Effective July 1, 2021 until December 31, 2021: Any COVID-19 related absence for employees or their close family members who require care or supervision (Family Sick Leave provisions do not apply for COVID-19 related absences). To be eligible for paid sick leave, employees must notify the department head or designee prior to the scheduled work time or in accordance with departmental policies. All sick leave must be approved in accordance with procedures established by the department head. Certain medical conditions may be covered by the Family and Medical Leave Act (FMLA), which provides leave rights to employees under qualifying circumstances. Refer to the City's FMLA Policy for information regarding these rights. Because sick leave is conditional upon the qualifying circumstances listed above, employees may be required to present proof of eligibility in the form of a doctor's note or other documentation for absences longer than three days. Certain patterns of sick leave use may be indicative of abuse. Such patterns include but are not limited to frequent absences of short duration, failure to maintain a sick leave accrual balance, and absences before or after a holiday or weekend. If management determines that an employee's sick leave usage fits such a pattern, the employee will be asked to explain the reasons for the absences, and may be required to present proof of eligibility in the form of a doctor’s note and/or submit a written plan, including a time frame, to improve attendance. If attendance does not improve as agreed, or if the employee refuses to cooperate, discipline may be imposed. Payment for Unused Sick Leave Upon Retirement Employees are entitled to payment for unused sick leave in the event of regular or disability retirement provided for under one of the City’s established retirement plans, provided they give at least two weeks’ notice of intent to retire. In the event of the death of an employee prior to regular retirement, the employee's beneficiary is entitled to payment for unused sick leave. In either situation, sick leave payout will be calculated as follows: Status Full-Time 720 ¾ Time 540 ½ Time 360 Employees whose status has changed during employment with the City will have sick leave hours computed on a percentage basis (e.g., 12 years of full-time employment and 8 years of half-time employment: 720 hours x 60% = 432 and 360 hours x 40% = 144, for a total of 565 hours to be deducted from the total unused sick leave before paying the balance at 25% rate). Family Sick Leave Regular full-time employees may use up to 40 hours of accrued sick leave per fiscal year for occasions which require the employee to care for a close family member (as that term is defined in the Glossary) who is incapacitated due to illness or injury, or who has examinations and consultations with physicians and other licensed health care providers. Family sick leave is pro-rated for regular part-time employees. Family sick leave is subject to the same eligibility qualifications, documentation, and other terms and conditions as employee sick leave. Effective July 1, 2021 until December 31, 2021: All COVID-19 related absences for employees or their close family members requiring care or supervision will not impact Family Sick Leave provisions. ITEM # 15 DATE: 9-28-21 COUNCIL ACTION FORM SUBJECT: SPONSORSHIP OF 2021 SYMPOSIUM ON BUILDING INCLUSIVE ORGANIZATIONS EVENT BACKGROUND: The City of Ames, the Ames Human Relations Commission (AHRC), the Ames Chamber of Commerce, and the Iowa State University Office of Diversity, Equity and Inclusion wish to continue to partner together to host the fourth “Symposium on Building Inclusive Organizations” event to educate, raise awareness, and provide tools and resources for the leaders and organizations in our community in support of inclusiveness. The first three events were a deemed a major success with over approximately 250 participants from the community. This year’s event will be held one half day on November 10th from 7-Noon. The event will be hosted in person at the Gateway Hotel and Conference Center. Each primary partner is being asked to contribute $5,000 towards the cost of hosting the event which will help cover Speaker Fees, Virtual Events Coordination, Event Sponsor Recognition, and Marketing & Promotion. The $5,000 contribution will come from the following: Source Amount With the $5,000 sponsorship, the City will receive 12 tickets. A $45 general attendance registration fee will be required for other attendees. There is also the opportunity for other community sponsorship levels at $1,000 and $500. ALTERNATIVES: 1. Authorize the expenditure of $5,000 ($1,500 City Council budget, $2,500 Council Contingency, and $1,000 AHRC) in support of the 2021 Symposium on Building Inclusive Organizations event. 2. Do not authorize City funds to be used to sponsor this event. CITY MANAGER'S RECOMMENDED ACTION: City staff, along with the AHRC, feel that continuing this event gives the City an opportunity to educate, continue dialogue with, and partner with other groups and organizations around these important topics for our community. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby authorizing the expenditure of $5,000 ($1,500 Council budget, $2,500 Council Contingency, and $1,000 AHRC). 1 ITEM # __16____ DATE: 09/28/2021 COUNCIL ACTION FORM SUBJECT: GOVERNOR’S TRAFFIC SAFETY BUREAU NIGHTTIME SEAT BELT ENFORCEMENT GRANT PROGRAM BACKGROUND: In February 2021, City Council authorized the Police Department to apply and participate in a traffic safety grant from the Governor’s Traffic Safety Bureau (GTSB) for enforcement of traffic laws. That program is designed with both enforcement and educational components to improve driver safety and protection, to reduce impaired driving, and to enhance overall traffic safety. Following implementation of the grant, GTSB approached the Police Department with an additional proposal to participate in a traffic safety program that would focus on seat belt usage, particularly during hours after sunset. This is the same program the Council approved last year. A National Highway Traffic Safety Administration ten-year study of crash data shows that nighttime seat belt usage rates are 18% lower than daytime compliance rates. The program would include a public education component regarding seat belt usage and safety. This grant would provide $5,000 to support officer overtime for an estimated five enforcement events during the grant period. The Police Department will determine where and when those events would take place. Nighttime enforcement creates unique safety concerns that would be addressed by using an observer and enforcement officer model that requires two or more officers for each event. There is no local match required with this grant. ALTERNATIVES: 1. Approve the Police Department’s participation in the Governor’s Traffic Safety Bureau Nighttime Seat Belt Enforcement Grant program. 2. Do not approve this grant program. CITY MANAGER'S RECOMMENDED ACTION: Participation in this program allows the Police Department to devote additional resources to seat belt enforcement without additional local costs. These funds improve traffic safety for the residents of Ames. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as described above. 1 ITEM # ____17___ DATE 09-28-21 COUNCIL ACTION FORM SUBJECT: APPROVAL OF SERVICE AGREEMENT BETWEEN CITY OF AMES AND CONERSTONE GOVERNMENT AFFAIRS, INC. BACKGROUND: For over 20 years, the City of Ames has been part of the Metropolitan Coalition (Metro Coalition), a non-partisan advocacy organization whose purpose is to unite larger Iowa cities with similar concerns and common interests in legislative matters. The Metro Coalition consists of the eleven largest cities in Iowa: Ames Ankeny Cedar Rapids Council Bluffs Davenport Des Moines Dubuque Iowa City Sioux City Waterloo West Des Moines The Metro Coalition contracts with Cornerstone Government Affairs, Inc (CGA) for legislative services and representation before the Iowa General Assembly. Member cities are annually assessed for services related to the contract with CGA. The assessed amount is calculated by multiplying the city’s population by a factor of 0.07. The City of Ames’ share in FY 2021/22 is $4,634 (66,200 x .07 = $4,634). The 2016 population figure is being used, as the corresponding amount, $4,634, is the amount budgeted. The total annual amount collected from all eleven cities is $60,000. Metro Coalition member cities rotate the responsibility of handling the financial arrangements including collecting contributions from other cities and paying for contracted services. Ames will continue serving in this role for FY 2021/22. In order to fulfill this duty in a fiscally responsible manner, an agreement between the City and CGA was drafted by the City Attorney (Attachment A). Since the total amount of the funds involved exceeds the City’s purchasing policy threshold of $50,000, the agreement requires Council approval. Member cities have paid their contributions to the City of Ames, so funds are in place to pay CGA. ALTERNATIVES: 1. Approve the Service Agreement between the City and Cornerstone Government Affairs, Inc. effective July 1, 2021 – June 30, 2022. 2. Do not approve the agreement. 2 CITY MANAGER’S RECOMMENDED ACTION: This is the second fiscal year that the City of Ames has served as a fiscal liaison to CGA on behalf of the Metro Coalition. Having this agreement in place accounts for funds passing through the City’s financial system. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF AMES AND CORNERSTONE GOVERNMENT AFFAIRS, LLC WHEREAS, the City of Ames (“City”) belongs to the Metro Coalition, an unincorporated group of the larger cities in Iowa; and, WHEREAS, the Metro Coalition with consent of its members communicates its positions on various legislative matters to the Iowa General Assembly; and, WHEREAS, the Metro Coalition contracts with Cornerstone Government Affairs, Inc, (“Cornerstone”) for Cornerstone to represent the Metro Coalition before the General Assembly; and WHEREAS, the financial stewardship of the Metro Coalition transfers each year to a different member city, so all the member cities can share in the responsibility; and WHEREAS, the City of Ames currently has the financial stewardship of the Metro Coalition, and therefore requires a written agreement with Cornerstone to facilitate payments; THEREFORE, the parties agree: 1. The City of Ames will receive the funds from the Metro Coalition which another City has been responsible for, and will assume financial stewardship of those funds through the City Finance Department; 2. Cornerstone will perform legislative lobbying and monitoring services for and as directed by the Metro Coalition, and the City will pay Cornerstone monthly at the amounts agreed to by the Metro Coalition and Cornerstone. 3. The City of Ames will pay Cornerstone $5,000 per month, using Metro Coalition funds, as the fee for Cornerstone’s services to the Metro Coalition. Cornerstone will bill the City of Ames on a monthly basis. The total amount due to Cornerstone under this agreement is $60,000. 4. TERM: This agreement is effective July 1, 2021 through June 30, 2022. CITY OF AMES CORNERSTONE GOVERNMENT AFFAIRS, INC. __________________________ ________________________________ JOHN A. HAILA CAMPBELL KAUFMAN MAYOR PRINCIPAL & MANAGING DIRECTOR Date:______________________ Date: 09/24/2021 1 ITEM # __ 18__ DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: FLOOD MITIGATION – RIVER FLOODING (LAND ACQUISITION AND PLANS & SPECIFCATIONS FOR BIDDING) BACKGROUND: On February 11, 2020, City Council approved the FEMA grant funding agreement for the stream bank restoration project providing flood mitigation in the Ioway Creek channel. A central component includes conveyance improvements within the channel approximately 2,000 feet either side of the South Duff Avenue bridge. The estimated costs and funding are as follows: A final design has been submitted with permit applications to the Army Corps of Engineers and Iowa DNR. A permit has been received from Army Corps of Engineers and the Iowa DNR permit is expected in the coming days. In April 2021, appraisals were completed on all the properties. City staff and the City’s land acquisition agent for the project, CGA, have made honest, good faith efforts to Flood Mitigation - River Flooding 2015/16 2016/17 2018-2020 Expenditures Total Expenditures Design Contract (WHKS)$138,000 $181,200 $319,200 Land Acquisition Agent (CGA)$74,800 $74,800 Land Acquisition (Est)$2,178,000 $2,178,000 Construction (Est)$3,497,170 $3,497,170 Engineering/Constr Admin (City Staff)$136,917 $136,917 $6,206,087 Funding Shown in CIP Total CIP Funding 20/21 Storm Water Utility Funds $500,000 $500,000 GO Bonds $644,000 $504,000 $1,148,000 FEMA Hazard Mitigation Grant $3,747,450 $3,747,450 $5,395,450 Potential Local Funding Shortfall $810,637 Available bond savings $820,000 Fiscal Year 2 negotiate with the property owners and have reached reasonable offers for the needed land that avoids any need to use eminent domain. The property values negotiated for each parcel are as follows: • Parcel 3: Kenneth and Marjory Howe Trust - $85,050.92 (partial acquisition) • Parcel 3: Jim Howe - $9,400 (tenant compensation) • Parcel 5: RL Enterprises LLC - $196,134.48 (partial acquisition) • Parcel 5: Red Lobster Restaurants LLC- $84,944 (tenant compensation) The acquisition of these parcels completes all the land acquisition necessary for the project. WHKS & Co. has completed plans and specifications with an estimated construction cost of $3,332,170. City staff has been working with Iowa Homeland Security to request an overall project completion extension from FEMA. An extension may lead to better bid prices. If FEMA responds prior to the bid letting, an addendum will be issued so bidders can reflect this in their prices for the November 3 letting. ALTERNATIVES: 1. a. Adopt resolution approving Purchase Agreement for parcels listed above for the Flood Mitigation – River Flooding project. i. Parcel 3: Kenneth and Marjory Howe Trust - $85,050.92 (partial acquisition) ii. Parcel 3: Jim Howe - $9,400 (tenant compensation) iii. Parcel 5: RL Enterprises LLC - $196,134.48 (partial acquisition) iv. Parcel 5: Red Lobster Restaurants LLC- $84,944 (tenant compensation) b. Approve the Ioway Creek Restoration and Flood Mitigation project by establishing November 3, 2021 as the date of bid letting and November 9, 2021 as the date for report of bids. 2. Direct staff to renegotiate, thereby rejecting specific purchase agreements. CITY MANAGER’S RECOMMENDED ACTION: Approval of these purchase agreements is critical to move forward with the project. Delay or rejection of these agreements could require redesign and delay the construction. Approval of the plans and specifications will establish the bid letting date for the larger construction project where demolition, grading, and restoration will be completed. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. This recommendation is predicted on the tenant (Red Lobster Restaurants LLC) providing the signed purchase agreement to the City prior to the Council meeting. ITEM#: 19 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: PRAIRIE VIEW INDUSTRIAL UTILITY EXTENSION PROJECT EDA AMENDMENT TO FINANCIAL AWARD BACKGROUND: The Prairie View Industrial Utility Extension Project consists of the extension of water and sanitary sewer to the recently annexed area east of Interstate 35 (I-35). Water main and gravity sewer will be installed between I-35 and Teller Ave (formerly 580th), force sewer main will be installed from Teller Ave to west of Freel Drive, and a sewer lift station will be constructed. Most of this new area has been certified by the Iowa Economic Development Authority as the Prairie View Industrial Center. City staff, in partnership with Ames Chamber of Commerce & Economic Development staff, applied for a federal economic development grant toward this project. The grant has been awarded in the amount of $1,500,000 from EDA (Economic Development Administration. Stanley Consultants prepared plans and specifications with an estimated base bid cost of $5,344,695. This was the project cost used in the original EDA Financial Assistance Award, which then was used to calculate the EDA’s matching grant rate of 28% The low bid for the project came in at $6,168,792 and was awarded to Keller Excavating. The grant amount will remain unchanged at $1,500,000, however EDA has requested an amendment to the Financial Assistance Award revising the matching rate to 24.32% to reflect the low bid amount of $6,168,792. ALTERNATIVES: 1. Approve the EDA Amendment to the Financial Assistance Award. 2. Reject the EDA Amendment to the Financial Assistance Award. CITY MANAGER’S RECOMMENDED ACTION: The EDA funding for this project is essential and would be at risk if the amendment is not accepted. There is no impact to the grant amount contributed to the project by approving this amendment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM # 20 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: FLEET REPLACEMENT PROGRAM – PUBLIC WORKS TRAFFIC ONE-TON PICKUPS BACKGROUND: The Public Works Traffic Division uses a variety of trucks to maintain the Traffic system. Two one-ton pickups used by this division have reached the end of their useful lives and are due for replacement. Two chassis were ordered: one dual rear-wheel and one single rear-wheel. A bid solicitation was then issued for the upfitting of the trucks to meet the needs of the workgroup. The upfitting will include flatbeds, tool storage, lighting, air compressors, winches, and associated items needed for traffic maintenance. Bids for upfitting the trucks were received on 8/20/21 from vendors as follows: Bidder Dual Rear-Wheel Upfitting Price Single Rear-Wheel Upfitting Price Total Truck Equipment $35,790 $31,832 $67,622.00 One bid was received from Truck Equipment, of Des Moines, Iowa for $67,622. Staff discussed possible opportunities for reducing the cost, but did not find any options that would still meet the needs of the workgroup. The bid is therefore acceptable. Chassis Purchase Cost For Both Trucks $ 64,012 Upfitting Cost For Both Trucks $ 67,622 Total Cost For Both Trucks $ 131,634 Funding is available for this purchase as follows: Existing Trucks Replacement Funds $110,814 Estimated Salvage Value of equipment being replaced $ 26,800 Available Funding $137,614 ALTERNATIVES: 1. Approve and award this contract to Truck Equipment of Des Moines, Iowa for upfitting of two truck chassis. 2. Reject award of bid. 2 CITY MANAGER’S RECOMMENDED ACTION: These purchases are consistent with the use of the vehicles for Public Works Traffic. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 1 ITEM#: 21 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: AWARD OF CONTRACT FOR CYRIDE 2022 HVAC IMPROVEMENT PROJECT BACKGROUND: An invitation to bid for the CyRide 2022 HVAC Improvement Project was released on August 11, 2021. Plans and specifications called for replacing aging heating, ventilation, and air conditioning (HVAC) equipment that serves the maintenance repair bays and the southwest bus storage area. The project would combine existing HVAC units and reduce the total number of units on the roof by two. Bid alternative #1 called for the reutilization of two existing roof openings created by the reduction of HVAC units to install skylights, improving natural light in the shop space. Bid alternative #2 called for integrating the HVAC equipment into the building mechanical controls system to permit automatic control of equipment through a single computer interface. The following budget has been reserved for this project and is listed in the Capital Improvements Plan: Funds Available Dollars Total Available $ 576,577 Bids were due on September 8, 2021. Three bids were received for the project, summarized below, with the complete bid tabulation attached. Bidder Base Bid Alternative #1 Alternative #2 The low bid on this project was from Stein Heating and Cooling Inc. of Webster City, Iowa. After evaluating the cost of bid alternatives with CyRide’s A&E firm, ASK Studios, staff believes selecting bid Alternative #2 and rejecting bid Alternative #1 would provide the best overall value to CyRide. The analysis of the A&E firm is also attached. The final 2 award amount, including bid Alternative #2, is $499,600, leaving $76,977 available in the project budget as a contingency fund. The Transit Board approved award of contract for the base bid and bid Alternative #2 at their meeting on September 15, 2021. Final award of contract will be subject to approval by the Iowa Department of Transportation Office of Public Transit. ALTERNATIVES: 1. Approve award of contract to Stein Heating and Cooling Inc. of Webster City, Iowa, for the base bid and bid Alternative #2, for a total amount of $499,600. 2. Reject all bids and direct staff to modify the project to reflect City Council priorities. CITY MANAGER’S RECOMMENDED ACTION: This project will allow CyRide to move forward with replacing aging HVAC equipment. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, to award a contract in the amount of $499,600 to Stein Heating and Cooling Inc. of Webster City, Iowa. 3716 Ingersoll Avenue, Suite A, Des Moines, IA 50312 P: 515.277.6707 ARCHITECTURE INTERIORS PLANNING September 9, 2021 Ms. Barbara Neal, Director of Transit CyRide 601 N. University Boulevard Ames, IA 50010 Ms. Neal, There were three responsible bidders which submitted proposals for the 2022 HVAC Improvements Project. All of the bids for base bid scope of work came in above the estimate performed by Twin Rivers and ASK Studio, with the lowest bid being within $2,589.00 of the opinion of probable cost. We recommend the acceptance of the bid proposal from Stein Heating and Cooling to complete work associated with the base bid as described in the project specifications for $453,300. This cost is reasonable due to the increase in material costs industry wide. Additionally, we recommend the acceptance of add alternate two, which Stein priced at $46,300. Although this was additional scope not included in the original cost opinion, it is reasonable for the work as outlined in the specification and plans. We believe the total cost of $499,600 will bring a good value to CyRide. Regards, Ryan M. Carter, AIA, NCARB Smart Choice MEMO 515.239.5105 main fax To: Mayor and Members of the City Council From: City Clerk’s Office Date: September 28, 2021 Subject: Contract and Bond Approval There is/are no Council Action Form(s) for Item No(s). 22. Council approval of the contract and bond for this/these project(s) is simply fulfilling a State Code requirement. /alc 1 ITEM # __23 ____ DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: UNIT 8 TURBINE-GENERATOR OVERHAUL PROJECT – CHANGE ORDER NO. 1 BACKGROUND: On June 23, 2020, the City Council approved plans and specifications for the Unit 8 Turbine-Generator Overhaul Project. The Unit 8 Turbine-Generator is disassembled at regular intervals to inspect the turbine and the generator for repairs and to install replacement parts that may be needed to prevent unplanned turbine-generator outages, prevent costly turbine-generator damage, and increase turbine-generator efficiency and reliability. Repairs and replacement of worn parts will be completed as the inspection progresses. Experience has shown that certain parts require replacement every major overhaul and some parts become unusable during the disassembly process. This overhaul to repair and replace parts is required and recommended by boiler and machinery insurance carriers and follows accepted industry standards. The original bid was for labor and materials for the inspection and repairs to Unit 8 turbine-generator. Spare parts are made available by the City to the contractor for repair and replacement and are bid under a separate contract with the City. The award of contract was made October 13, 2020, to Blade Runner Turbomachinery Services, LLC of Navasota, Texas, for the base bid and Alternate #10 (Turbine Lube Oil System High Speed Flush) in the amount of $699,800. This vendor is not licensed to collect taxes for the State of Iowa. Therefore, the City of Ames will pay applicable sales tax directly to the State of Iowa. THIS ACTION: The action now being requested is to approve Change Order No. 1 to the Unit 8 Turbine-Generator Overhaul Project. This change order work, for a price of $607,678.37 is to ship the Unit 8 generator rotor offsite to a repair facility in Florida where it will be disassembled, inspected, and rewound. Once the rewind of the rotor is complete, the rotor will be shipped to a special facility in Texas where it will be placed in a bunker and rotated to be electrically tested and balanced. This Change Order increases the total contract amount to $1,307,478.37. The City has a special diagnostic device embedded in the generator called a flux probe that showed that the field (rotor) of the generator has two shorted turns, which means the insulation separating the copper turns (coils) has been damaged or deteriorated allowing adjacent copper turns to make contact. If left unresolved, shorted turns can result in reduced generator performance (megawatt output) and increases the risk that the rotor 2 will become thermally sensitive resulting in rotor imbalance problems. It doesn’t take much imbalance for a rotor that weighs 47,800 lbs. and rotating at 3,600 rpm to become critical and destructive to the machine. As time, heat, and mechanical stress from cycling the unit take their toll, we can expect more shorted turns to occur, ultimately compromising the operation of the generator. Staff asked General Electric for a report based on the flux probe data to determine the short and long term risks of waiting to repair. The GE report came back saying that the unit could be operated, but to continue to monitor and to take the unit off-line if conditions change. When the turbine generator project was delayed following a failed crane test, staff made the decision to use the delay and coordinate with Bladerunner to have the turbine rewound now during the outage. Therefore, the recommendation is to inspect, repair, and rewind the rotor before the shorted turns further deteriorate the rotor and affect the availability and operability of the unit. The Engineer’s estimate for the cost of the total project is $2,488,000. The approved Capital Improvements Plan includes the following funding for the Unit 8 Turbine-Generator Overhaul Project. 2019/20 Materials/Parts $1,000,000.00 2019/20 Construction $1,650,000.00 2019/20 GE Tech Support $350,000.00 TOTAL $3,000,000.00 Contracts awarded to date on this project are: Argo (Parts) $1,077,109.00 (City to pay sales tax) $ 74,711.63 MD&A (Parts- sales tax included) $ 191,461.85 Power Plant Services (Parts- sales tax included) $ 147,224,65 Burns & McDonnell (Engineering) $ 39,176.89 General Electric (Technical Support) $ 242,800.00 Blade Runner (Contractor) $ 699,800.00 (City to pay sales tax) $ 48,986.00 Blade Runner (this Council Action) $ 607,678.37 (City to pay sales tax) $ 42,537.49 TOTAL $3,171,485.88 Funds to pay for the $171,485.88 that exceeds the $3,000,000 budget will be taken from the Unit 7 Boiler Tubes CIP budget which currently has a balance of $311,623. ALTERNATIVES: 1. Approve Change Order No. 1 to Blade Runner Turbomachinery Services, LLC of Navasota, Texas, in the amount of $607,678.37 for the Unit 8 Turbine Generator Overhaul Project. 3 2. Do not approve the change order and leave the rotor with the shorted turns intact and repair it at a later date. CITY MANAGER'S RECOMMENDED ACTION: Approving this change order will restore the Unit 8 generator rotor to near like-new condition, providing reliable generator availability and performance for the future. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as stated above. 1 ITEM #___24__ DATE: 9-22-21 COUNCIL ACTION FORM SUBJECT: CONTRACT COMPLETION FOR HOMEWOOD GOLF COURSE CLUBHOUSE BACKGROUND: This project included the demolition of the former clubhouse at Homewood Golf Course and the construction of a new clubhouse. The new clubhouse includes concession space (concession counter, seating for 24), a community room (seating for 80, fireplace), two universal restrooms, staff office, outdoor patio, and golf cart storage. The first floor is 3,198 square feet while the cart storage below is 1,826 square feet. The project was started in August of 2020 and the facility opened to the public on May 7. The Farnsworth Group, Waukee, Iowa, designed the clubhouse and provided project management. City Council awarded the Base Bid and Alternate #3 to R.H. Grabau Construction Inc., Boone, Iowa, on February 25, 2020, in the amount of $1,374,881. A change order in the amount of $14,309.01 was added to the contract for various changes as shown in Attachment A. R.H. Grabau Construction, Inc., completed the project in accordance with specifications and verified by representatives of the Farnsworth Group, as described in Attachment B. Below is a breakdown of the project cost. Project Component Cost Total Project Cost $ 1,505,305.01 Total available funding for the project was $1,554,845 and total project cost was $1,505,305.01 leaving a balance of $49,540. 2 ALTERNATIVES: 1. The City Council can: a. Approve Change Order #1 in the amount of $14,309.01 to R.H. Grabau Construction, Inc., Boone, Iowa for the Homewood Golf Course Clubhouse Project. b. Accept completion of the contract for the Homewood Golf Course Clubhouse Project with R.H. Grabau Construction, Inc., Boone, Iowa in the amount of $1,389,190.01 2. Do not accept the completion of the Homewood Golf Course Clubhouse Project. CITY MANAGER’S RECOMMENDED ACTION: Homewood Golf Course has been an important part of the community for many years and the new clubhouse adds to the golf experience at Homewood. Also, the new clubhouse provides a community room for individuals to utilize for meetings and special events year round. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1 as described above. CHANGE ORDER - LOG Homewood Golf Course Clubhouse - Ames, Iowa Date:09/09/21 Original Contract Price:$1,374,881.00 Change Orders approved to date:$0.00 APPROVED CHANGE ORDER ITEMS 1)CR-03 Relocate Electrical Meter & Disconnect Switches $0.00 √ 2)CR-05 $3,221.57 √ 3)CR-06R RFI-17: Vent Line Changes, per City of Ames Requirements.$1,713.60 √ 4)CR-08 Water & Sewer Usage Deduct -$122.53 √ 5)CR-09R RFI-22: Revisions to layout of Folding Panel Partition & Door (104B)-$848.00 √ 6) CR-11 RFP-02: Add (4) Emergency Egress Lights and (1) Battery $3,843.82 √ 7) CR-15R $254.12 √ 8) CR-16 Delete Video Monitor Mounts from project.-$1,357.05 √ 9) CR-17 $1,275.00 √ 10) CR-18 RFP-04: Credit to relocate Fire Department Connection (FDC)-$2,500.00 √ 11) CR-19 RFP-08: Revise Openness of Window Shades $214.20 √ 12) CR-20 RFP-06: Credit to omit 43' of Sidewalk/ADA Ramp/Detectable Warning -$1,670.00 √ 13) CR-21 Add Cell Phone Dialer to Fire Alarm System $1,756.44 √ 14) CR-22 RFP-05: Add HDMI cables at west wall $658.67 √ 15) CR-23 Furnish and Install two new 2x2 LED Lights in Office [112]$412.34 √ 16) CR-24 RFP-09: Add FRP in Storage [105]$1,019.08 √ 17) CR-25 Relocate Interior Vestibule Door (101B)$2,442.90 √ 18) CR-26 RFP-10: Revise light fixture heights.$1,001.39 √ 19) CR-27 Add hand hole and trench to maintenance building and install data conduit $1,654.70 √ 20) CR-28 Add wiring for keypad for door alarm system & cut into wall area $144.59 √ 21) CR-29 $1,194.17 √ TOTAL OF APPROVED CHANGES $14,309.01 Percentage 1.04% Adjusted Contract Price including this change order:$1,389,190.01 RFP-01: ETI PR#1 ADD Switches & Dimmers, and CHANGE to multi- circuit light fixtures. ETI ESI#1 DEDUCT for smaller wire, conduit & disconnects. Restroom [109]: Remove san. vent lines for urinal. Deduct Urnial & Flush Valve and Revise Restroom Sign. Add glazing at rafter location above folding panel partition. Framing material change & portion of labor. Add power & wiring for HVAC control panel and circulation pump, add bonding for data rack, change light fixture & add light in stairwell, add raceway for data to HVAC control panel. 14225 University Avenue, Suite 110 | Waukee, IA 50263 | p 515.225.3469 | www.f-w.com ENGINEERS | ARCHITECTS | SURVEYORS | SCIENTISTS 1 ITEM#: 25 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: SIDEWALK INFILL FOR 2021/22 ASHPALT STREET PAVEMENT IMPROVEMENT (TOP-O-HOLLOW ROAD, OPAL DRIVE, OPAL CIRCLE, TURQUOISE CIRCLE, AND HARCOURT DRIVE) BACKGROUND: This is an annual program for reconstruction and rehabilitation of asphalt streets. This project involves a full reconstruction of Top-O-Hollow Road and Opal Drive. As design nears completion, direction from City Council is required regarding the sidewalk infill to be completed as part of these street improvements. The City Council has adopted a Complete Streets Plan and policy. According to this policy, in the project evaluation stage it is noted that, “If all the specified street elements and modal facilities cannot be incorporated into the street design, the designer and project team should seek solutions that at least partially achieve the goals of the project. One example of this approach is adding a sidewalk to only one side of the street where right-of-way is constrained.” All the streets in this project have existing sidewalks on both sides of the street, except: • North side of Top-O-Hollow Rd from Bloomington Rd to Dawes Dr • West side of Opal Dr from Jewel Dr to Crystal St. TOP-O-HOLLOW ROAD ISSUES: Top-O-Hollow has existing sidewalk connectivity on the entire south side of the street in the project area. The infill of sidewalk on the north side of Top-O-Hollow Rd will increase the cost of Top-O-Hollow Rd project by 24% or an additional $307,000. This exceeds the 22% cost increase threshold indicated in the Complete Streets Plan. There are also several issues with the design that interfere with implementation of the infill of sidewalk. These include removal of mature trees, relocation of existing electric overhead poles/lines, and replacing all existing driveways to meet ADA requirements Through staff’s technical engineering analysis, it is recommended that infill of sidewalk not be implemented in this location. OPAL DRIVE ISSUES: Opal Drive has existing sidewalk connectivity on the entire east side of the street in the project area. The infill of sidewalk on the west side of Opal Dr will increase the cost of Opal Dr project by 32% or an additional $67,200. This exceeds the 22% cost increase threshold indicated in the Complete Streets Plan. There are also several issues with the design that interfere with implementation of the infill of sidewalk. These include replacing all existing driveways to meet ADA requirements and changing the existing driveway slope at 220 Crystal St from 8.6% to an unacceptable 21%. 2 Through staff’s technical engineering analysis, it is recommended that infill of sidewalk not be implemented in this location. Staff will hold a public information meeting for these projects in the near future with all the residents/businesses to discuss the scope of the project. Staff will return to the City Council for approval of the plans and specifications that incorporate Council’s direction regarding sidewalk infill and information receive from the public meeting. Revenue and expenses for this project are estimated as follows: Source/Activity Available Revenue Estimated Expenses Without infill of Sidewalk TOTAL $ 2,500,000 $2,287,003.94 ALTERNATIVES: 1. Direct staff to design both projects with no new sidewalk infill. 2. A. Direct staff to design the Top-O-Hollow Road project with sidewalk infill B. Direct staff to design the Opal Drive project with sidewalk infill. 3. Refer this report to staff for further information. CITY MANAGER’S RECOMMENDED ACTION: These project areas are difficult locations to install additional sidewalks that comply with required standards due to challenging grades, removal of mature trees, and relocation of electric overhead poles/lines. Even without sidewalk infill in these locations, sidewalk connectivity will still be provided with existing sidewalk. Staff believes this sidewalk infill plan is consistent with the City’s Complete Streets policy as noted above. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative No.1, as noted above. BLOOMINGTON RD HOOVER AVE ADAMS ST DAWES DR CALHOUN AVE GRAND AVE ROY KEY AVE JEFFERSON ST ORION DR POLARIS DR BUCHANAN DR NIXON AVE KINYON CIR GARNER AVE WOODHAVEN CIR 2021/22 Asphalt StreetPavement Improvements ¯Top-O-H ollow Rd - Bloom ington Rd to Dawes Dr 1 in ch = 358 feet No New Sidewalk Infill Existing Sidewalk JEWEL DR OPAL DR CRYSTAL ST OPAL CIR 2021/22 Asphalt StreetPavement Improvements ¯Opal Dr - Jewel D r to Crystal St 1 in ch = 123 feet No New Sidewalk Infill Existing Sidewalk 1 ITEM # __26 _ DATE 09-28-21 COUNCIL ACTION FORM SUBJECT: ARTS CAPITAL GRANT PROGRAM APPLICATION AND CRITERIA BACKGROUND: The Adjusted FY 2020/21 City Budget included $200,000 of General Fund savings that was allocated for a one-time Arts Capital Grant Program. This funding is included in the proposed budget carryovers for FY 2021/22. Representatives from the Commission on the Arts (COTA) and Public Art Commission (PAC) have provided feedback regarding an application document and the process for reviewing applications and making awards (attached). PROPOSED PROGRAM CRITERIA AND APPLICATION The program would be open to individuals, non-profits, or businesses that propose projects that: 1. Create, renovate, or improve a space for arts or artists (e.g., performance space, exhibition space, classrooms, demonstration space, studio space, etc.) 2. Are located in Ames 3. Include matching funds of at least 25% from the recipient. Matching funds must be in the form of cash. In-kind contributions are not eligible for use as matching funds. 4. Are ready to proceed upon receipt of grant award (i.e., the project is not dependent upon securing additional funds, real estate, or other critical components) It is expected that any number of individual awards could be made, up to the total of $200,000 in available funding. No minimum award amount would be established. The application period would be approximately two months in length (due December 3), to provide applicants time to prepare their submittals. Grant funds would be paid on a reimbursement basis based on receipts or contracts presented by the awardee during the project. However, to provide some flexibility for awardees to begin their projects, up to 10% of their total award could be paid out immediately. 2 Similar to the Human Services Agency Capital Grant program the City Council implemented several years ago, the Arts Capital Grant Program would include provisions to ensure the grantee continues to use the premises improved by the grant for at least five years after completion. If the awardee voluntarily ceases to operate, repayment of some or all of the grant award is required (100% repaid if cased in year 1, 80% in year 2, 60% in year 3, etc.). After five years, the grantee is free to continue or dispose of the improvements as it wishes. The application requests information regarding how the applicant determined the need for the project, whether there are alternative facilities already in Ames that offer what is proposing to be funded/created, and how the project will benefit Ames and/or contribute to making Ames a fun and vibrant community. Applicants will also need to describe the readiness of their project in terms of property acquisition and other financing secured for the project. A project budget is also required with the application. A key evaluation component will be the number of people positively impacted by the project. APPLICATION EVALUATION: Applications will be evaluated by a team of COTA and PAC members, which will make recommendations regarding projects to support and the amounts to award. These recommendations will be presented to the City Council in December or January for approval of contracts. To ensure recipients are prepared to comply with the conditions outlined in the contracts, staff will host an orientation meeting with all recipients, where contract terms, the funding drawdown process, and other key points will be reviewed. Given the potential for substantial projects that require planning and implementation time, it is proposed that the project completion date be June 30, 2023. The funding will need to be carried over into one more fiscal year to accomplish this. ALTERNATIVES: 1. Approve the attached Arts Capital Grant Program outline and application 2. Direct staff to modify the proposed program and/or application 3. Do not approve the Arts Capital Grant Program outline and application, and do not proceed with the project. 3 CITY MANAGER’S RECOMMENDED ACTION: The attached program outline provides a structure for arts capital grant proposals to be accepted and evaluated. The terms ensure grant applications will be evaluated based on their positive impact to the community, while providing assurances that the projects will be well-managed and will remain in place for several years. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 4 Arts Capital Grant Program Purpose A competitive grant program for capital projects that create and improve spaces in Ames for arts and artists to flourish and contribute to making Ames a fun and vibrant community. Grant Period Projects undertaken through this grant must be completed prior to June 30, 2023. Eligible Recipients To be eligible for funding, recipients must: 1. Be an individual, non-profit organization, or a business entity 2. Demonstrate their capacity to successfully complete the project and meet grant requirements Eligible Projects Projects receiving funding must: 5. Create, renovate, or improve a space for arts or artists (e.g., performance space, exhibition space, classrooms, demonstration space, studio space, etc.) 6. Be located in Ames 7. Include matching funds of at least 25% from the recipient. Matching funds must be in the form of cash. In-kind contributions are not eligible for use as matching funds. 8. Be ready to proceed upon receipt of grant award (i.e., the project is not dependent upon securing additional funds, real estate, or other critical components) Activities that are ineligible for funding include: 1. Operating expenses 2. Consumable supplies 3. Personnel costs 4. Supplementing an endowment or reserve fund 5. Repayment of debt or expenses already incurred 6. Activities that restrict participation on the basis of race, creed, color, sex, sexual orientation, gender identity, age, national origin, physical disability, or mental disability, or activities that require the purchase of a private membership. 7. Project proposals not submitted on required forms or not received by published deadlines, or not taking place within the specified grant period. 5 The City of Ames will be the sole judge of the eligibility or ineligibility of a project or recipient. Total Program Budget and Award Size The Ames City Council has allocated a total of $200,000 to be awarded through this program. This is a one-time allocation of funding. The funding may be awarded to any number of projects, up to the total available amount. There is no minimum amount for each grant award. Application Requirements Proposals must be submitted on application forms provided by the City of Ames. Incomplete applications will not be considered. Applications may be submitted electronically to brian.phillips@cityofames.org Applications must be received and complete by 5:00 p.m. Friday, December 3, 2021 to be eligible for consideration. Application Review Process Following the application deadline, a team consisting of representatives from the Ames Public Art Commission and the Ames Commission on the Arts will review the applications. Applications will be evaluated to ensure their compliance with the eligibility criteria. Selections will be made in part based on the number of people positively impacted by the project. The team will prepare a list of projects and grant award amounts recommended for approval. Final approval will be made by the Ames City Council. Contract Requirements Grant recipients must sign a contract for funding describing the services to be provided and the terms of receiving funding. The contribution of funds provided by the City of Ames should be acknowledged by the recipient where practical for the project (e.g., signage, ribbon-cutting events, sponsor walls, etc.). Grantees must provide the City of Ames a completed IRS W-9 form; grantees are responsible for complying with any state or federal tax obligations associated with the receipt of grant funds. Grantees are responsible for complying with all state and local development and building code requirements. Approval of funding through this grant process does not imply or grant approval of any permit required to complete the project. Grant Funding Drawdown Upon award of contract, recipients may request an initial drawdown from the grant in an amount not to exceed 10% of the total grant award. 6 Subsequent grant drawdowns may be requested by presenting documentation of the purchase of goods/services or a contract promising to pay for goods/services related to the project. Each grant drawdown will not exceed the amount of expenses actually incurred, as indicated in the documentation submitted. Repayment Requirement Grantees must occupy the premises improved with these funds for a period of at least five years from the date the improvements are completed. The recipient is required to repay any grant funds received in the event of any of the following during that five-year period: 1. Any portion of the improved property is sold, transferred, leased, or sub-leased to another party, unless the other party continues the operation funded by the grant. 2. Occupancy of the property by the grant recipient ceases for any reason, except for instances in which the property is destroyed or otherwise rendered uninhabitable due to fire, flood, wind, or other disaster. 3. Any default under or breach of the promises, terms, and conditions stated in the program requirements or the grant agreement. Any grant funds required to be repaid will be repaid in accordance with the following schedule: 100% shall be repaid during the 1st year after completion of the improvements 80% shall be repaid during the 2nd year after completion of the improvements 60% shall be repaid during the 3rd year after completion of the improvements 40% shall be repaid during the 4th year after completion of the improvements 20% shall be repaid during the 5th year after completion of the improvements 7 Arts Capital Grant Application Section 1 – Applicant Information Name: _________________________________ Email: ________________________ Organization (if any): ___________________________ Mailing Address: __________________________ City: _________________________ State: _______ Zip: _____________ Phone: _______________________ Describe the qualifications of the individual who will manage the proposed capital project and complete it according to the proposed budget and time frame (if different than applicant, provide the name of the person who will be responsible): Section 2 – Proposal Project Title: _____________________________________________________________ Amount Requested: ____________ Start Date: __________ End Date: _________ Location and Address of Proposed Capital Project: ________________________________________________________________________ Project Description: 8 How did you determine the need to undertake this project? What will this project allow you to do that you cannot already do? How is this project unique? Are there alternative facilities that already exist in Ames that offer what you are proposing to create/improve? Why is it important that you complete this capital project? How many people will be impacted by it? How will your project benefit Ames and/or contribute to making Ames a fun and vibrant community? Section 3 – Project Readiness: Does the applicant own the property at which the project will take place? _____________ If no, describe what arrangements exist with the property owner to complete the project (e.g., lease terms that allow for improvements, etc.): 9 What methods did you use to obtain the project cost estimate used in this application? (e.g., estimate prepared by engineer, construction firm quotes obtained, etc.) How much of the total funding needed for the project has been secured to date? _____% For each item below, check whether your project requires that step to be taken and whether you have completed that step: COMPONENT Landlord consent and/or property acquisition Building/Trades Permit(s) Loan(s) Describe your project timeline using the table below, including key milestones such as design completion, regulatory approvals, construction bidding, construction, project completion, and any other important dates: MILESTONE BEGINNING ENDING 10 Section 4 – Project Budget Complete the project budget table provided below: FUNDING SOURCE AMOUNT Arts Capital Grant (This Request) TOTAL FUNDING (A) (B) EXPENSE FUNDED OF ANY IN-KIND EXPENSE Property Acquisition Design/Engineering Permits and Development Fees Construction Project Administration Furniture, Fixtures, and Equipment Contingency Other: (_____________________________) Explanatory notes to budget (optional): 11 Section 5 – Assurances By signing this application below (electronically or otherwise), the applicant hereby: 1. Agrees that if funds are provided it will conduct its operations in accordance with the requirements of the Iowa Civil Rights Act of 1974 as amended, which bars discrimination against any employee, applicant for employment, or any person participating in any sponsored activity on the basis of race, creed, color, national origin, religion, sex, sexual orientation, gender identity, age, or physical or mental disability; and 2. Agrees it will expend funds received as a result of this application solely on the described activities. 3. Affirms that the figures, facts, and representations made in this application, are true and correct to the best of its knowledge; and 4. Affirms that the filing of this application has been authorized by the governing board of the applying organization. Signature: _________________________________ Date: ________________________ Printed Name: _____________________________ Position: ___________________________ 1 ITEM #: ___27__ DATE: 09-28-21 COUNCIL ACTION FORM REQUEST: TO CONSIDER A MINOR AMENDMENT TO THE AMES URBAN FRINGE PLAN FRAMEWORK AND LAND USE CLASS MAP FOR THE LAND LOCATED AT 2105 & 2421 DAYTON AVENUE BACKGROUND: On May 25th, 2021, the City Council voted to initiate a Minor Amendment to the Ames Urban Fringe Plan as is necesary to support a proposed annexation application. The area for the proposed change is on the west side of Dayton Avenue (See Attachment A). It includes approximately 73.18 acres that the owner intends to annex into the City for small scale industrial development. On July 20th, 2021, the Story County Board of Supervisors also approved intiation of the proposed amendment. The Ames Urban Fringe Plan is a shared land use plan for the 2-mile area around the City that was cooperatively developed by Story County, the City of Ames, and the City of Gilbert made possible through a 28E intergovernmental agreement. The 28E Agreement lays out processes for annexation, subdivision, plan review and amendments for lands within the Fringe Area. The Ames Urban Fringe Plan has two important layers of policies that are depicted on a Land Use Class map and a Land Use Framework map. The Land Use Class map designates property into one of three designations that then defines how subdivisions are reviewed and what type of land may be annexed into a City. The separate Land Use Framework Map identifies the types of acceptable uses in the Fringe area that match corresponding development policies of the Fringe Plan. The 28E Agreement requires that before any land may be annexed into the City, that the Land Use Class map for a property must have an ‘Urban Service Area’ designation, regardless of the Framework Map designation. The subject area is on the west side of Dayton Avenue between BASF and the Eagles Loft Daycare directly across from the USDA labs. The Land Use Framework map designates this as Rural Service & Agricultural Conservation Area. Within that category, this area is currently designated as ‘Agriculture & Farm Service’ on the Land Use Class Map. The proposed change will redesignate the land to the Urban Service Area category on the Land Use Class map and Planned Industrial on the Land Use Framework Map (See Attachment B) to allow for annexation into the City. Changing the Fringe Plan allows the City to proceed with the expansion of the City in order to meet projected needs of the City. There is a small portion of Natural Area on the northwest corner of the property that will remain as a Natural Area designation, but with a new underlying Urban Service Area category. The whole of the property is intended to be annexed in the future. Preservation of the natural area will be addressed at the time of development review for the site. 2 The change from the Rural Service & Agricultural Conservation Area to the Urban Services category follows the intent of the draft Ames 2040 Future Land Use Plan, which designates this area for future development categorized as Employment. Plan 2040 included this area for future growth as a readily serviceable area for future incremental expansion of the City. While Ames 2040 is not yet officially adopted the initial findings for including it in the draft Plan apply to this ad hoc consideration of a Fringe Plan amendment at this time as it was not predicated on any other specific improvement or land use change in the area. It is anticipated the Plan would be adopted later this winter, shortly after annexation. City Council initiated the change in response to a review of available sites for small scale industrial development within the City, or the lack there of. Although there is a large amount of vacant industrial land in Prairie View (East Industrial), it is not intended for the same type of users as are envisioned for this area by the developer. City Council has determined that additional small scale industrial land such as the type that the developer envisions is needed within the city to meet market demands. For this reason, the reclassification of Agricultural land to an Urban Services category, in this case Planned Industrial, can be seen as necessary at this time. The land abuts Dayton Avenue, which is currently County controlled right-of-way. 2105 & 2124 Dayton Avenue can be readily served by extensions of City water and sewer from the south. Decisions on use, density and infrastructure capacity would be addressed in subsequent steps of annexation and rezoning. Once annexed the City of Ames will assume full control of the Dayton Avenue right-of-way. It is anticipated some improvements will be needed along Dayton Avenue to provide access into the site. Approval of the amendment is required by both the City Council and the Board of Supervisors per the cooperative 28E Agreement. Per the 28E agreement, Gilbert would also have to approve the amendment if it was located within 2 miles of Gilbert or there was a potential of a significant cumulative impact to Gilbert related to the change. In this case the proposed land use change is not within 2 miles of Gilbert. Planning & Zoning Commission Recommendation At the September 15th, 2021 Planning & Zoning Commission meeting the Planning & Zoning Commission voted 5-0 to recommend the City Council approve the proposed Map Change at 2105 & 2421 Dayton Avenue. ALTERNATIVES: 1. The City Council can approve a Minor Amendment to the Ames Urban Fringe Plan Land Use Class and Framework Maps from ‘Rural Service & Agricultural Conservation Area’ and Agriculture & Farm Service to ‘Urban Service Area’ and Planned Industrial for the area comprising approximately 73.18 acres at 2105 & 2421 Dayton Avenue. 3 2. The City Council can deny the proposed Minor Amendment to the Ames Urban Fringe Plan Land Use Class and Framework Maps from ‘Rural Service & Agricultural Conservation Area’ as Agriculture & Farm Service to ‘Urban Service Area’ as Planned Industrial for the area comprising approximately 73.18 acres at 2105 & 2421 Dayton Avenue, as depicted in Attachments A and B. 3. The City Council can refer this request back to staff or the applicant for more information. CITY MANAGER’S RECOMMENDED ACTION: The proposed change to the AUFP will aid in the annexation of land into the City and allow the property to be developed for industrial uses. No changes are proposed to surrounding properties. The developer believes this land is well suited to serving small industrial uses needs. The site abuts the City boundary on three sides and has utility access adjacent to the site. The proposed change also aligns with the anticipated new land use classification under the Ames 2040 Comprehensive Plan for this site as “Employment”. Therefore, it is the recommendation of the City Manager that the City Council act in accordance with Alternative #1 which is to approve the Minor Amendment. 4 ADDENDUM Request and Referral. On May 25th, 2021 the City Council voted to initiate a Minor Amendment to the Ames Urban Fringe Land Use Framework Map, as requested by the property owner, TGFA, LLC designated as “Agriculture Farm Services” located west of the corporate limits along Dayton Avenue (see Attachment A). The proposed amendment will change the AUFP designation to “Planned Industrial” in the Urban Service Area. Future annexation can only be accommodated under the standards of the AUFP if designated Urban Services. The owner intends to develop the site as Industrial once annexation and rezoning have occurred. The City Council voted to direct the applicant to apply for the land use change ahead of annexation as the Council sees a need for small scale industrial land within the city which is what the applicant proposes to develop here. Note- the conceptual drawing by the applicant is not binding but illustrates their intent subject to zoning and subdivision review. Ames Urban Fringe Plan. The Ames Urban Fringe Plan designates this site as “Agriculture and Farm Service.” To accommodate the request, an amendment must be made to designate this land as “Planned Industrial.” The proposed land use designations is a subclass of the “Urban Services” category on the Land Use Framework Map. This designation is required in order to justify eventual annexation bringing new land into the City for future development. The draft Ames Plan 2040 Comprehensive Plan shows the land at this location in the projected growth area under the Employment designation. The Employment category in the Ames 2040 plan is designed to accommodate industrial growth. There is a small portion of Natural Area on the northwest corner of the property that will remain Natural Area designation as it is planned to be used for open space and stormwater detention. This area also contains a small cemetery from the 19th century. Zoning. The subject site is currently zoned A-1 by Story County. Upon annexation, 2105 & 2421 Dayton Avenue, will apply to be rezoned to the appropriate Industrial category. The owner desires to rezone to General Industrial zoning. The Planned Industrial land use classification is the only permissible industrial land use that land can be annexed into the city. Once annexed staff anticipates that the owner will apply for General Industrial zoning rather than Planned Industrial. It is anticipated that the new Ames Plan 2040 Comprehensive Plan will be adopted which will permit General Industrial zoning at this location under the Employment land use category. Applicant’s Statement. The applicant’s Narrative for the Amendment to the Ames Urban Fringe Land Use Framework Map is included in Attachment C Amendment Considerations. The property is currently unbuilt and the vast majority is row cropped. The immediate surrounding area is a mix of industrial, commercial and government zoned land. The USDA research labs are located opposite of this site on the east side of Dayton Avenue. The Planned Industrial designation reflects the City’s current policy of land use prior to annexation. Final zoning designation after annexation will reflect land use direction from the Ames 2040 Comprehensive Plan. 5 Traffic. A traffic impact study has been done for this location based on the developers concept proposal. An increase in traffic is anticipated as a result of the amendment. Once annexed, additional turn lanes are anticipated to be needed along Dayton Avenue to accommodate future development. Any changes to Dayton Avenue would likely all occur along the frontage abutting this site with a future development proposal. The site will be used for industrial uses after sitting vacant for some time so there will be an increase in truck and general traffic. The final design of any future turn lanes will be determined with future subdivision consideration after annexation. Once annexed the City of Ames will assume full control of the Dayton Avenue right-of-way. Public Utilities. The City of Ames has water infrastructure already within the Dayton Avenue right-of-way adjacent to this site. Sewer infrastructure exists along Dayton Avenue to the immediate south of this location and can be extended northward to serve these properties. Ames Electric serves these properties and can extend necessary utilities to the site. 6 Attachment A- Location Map 7 Attachment B-Fringe Plan Framework Classification Map 8 Attachment B Cont.- Land Use Class Map (Excerpt) 2105 & 2124 Dayton Avenue. 9 Attachment B Cont.-Draft Ames Plan 2040 Future Land Use Map (Excerpt) Ames Plan 2040 Draft Land Use Designation of Employment. 2105 & 2124 Dayton Avenue. 10 Attachment C- Applicant Narrative 11 Attachment C (Cont.)- Current Property 12 Attachment C (Cont.)-Subdivision Concept ITEM # 28 DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: YOUTH AND SHELTER SERVICES USE OF MUNICIPAL LOT P BACKGROUND: In October 2018, City Council approved a three-year lease extension with Youth and Shelter Services (YSS) for use of Municipal Lot P at 308 5th Street. Lot P was originally leased to YSS as part of the Development Agreement for renovation of the old City Hall at 420 Kellogg Avenue beginning in 1995. The last time the lease was renewed, it was at the lease rate of $35/space/month. The current rate for reserved parking space rental in other City lots is $50/month/space. However, in other parking spaces, the City provides for ongoing maintenance of the lot. YSS is currently responsible for annual maintenance of Lot P; staff values this maintenance at approximately $15/space/month. It should be noted that the lease agreement requires this maintenance be performed at the lessor’s sole expense. The proposed lease extension would continue the rental rate of $35/space/month for the first 5-years. For years six to ten, the rental rate would be whatever the current City-wide reserved rental rate minus the $15/space/month in recognition of YSS conducting the routine maintenance activities. The lease may be terminated upon a 120-day written notice for any reason, such as if there is ever a different public need for the use of the property. Because the lease period is more than three years, a public hearing must be held before the lease can be approved. The current lease agreement expired as of August 31, 2021. ALTERNATIVES: 1. The City Council can approve the attached amendment to the Parking Lease Agreement with Youth and Shelter Services for Municipal Lot P. 2. The City Council can modify the attached amendment to the Parking Lease Agreement with Youth and Shelter Services for Municipal Lot P. 3. The City Council can reject the lease extension and convert the parking stalls to the standard 24-hour Reserved Parking at $50/space/month. CITY MANAGER’S RECOMMENDED ACTION: By maintaining the current arrangement with YSS, the City can continue to support the parking needs of YSS, respond to a need to the redevelopment of the lot, and meet the goals of maintaining the parking system. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 1 ITEM # ___29__ DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: PUBLIC HEARING AND APPROVAL OF VACATION OF A PEDESTRIAN EASEMENT AT 4901 WALLER STREET (LOT 4, LONGVIEW SUBDIVISION, SECOND ADDITION). BACKGROUND: David Hohbach, 4901 Waller Street, has requested that an existing pedestrian easement located along the eastern ten (10) feet of his property, be vacated by the City of Ames. He proposes to pave a drive expansion to the east side of his attached garage that encroaches into the existing pedestrian easement. The proposed parking space is not permitted unless the pedestrian easement is vacated. The easement was first established as part of the approval of the Final Plat for Longview Subdivision, Second Addition in October 2003. The purpose of the easement was to provide access from the properties along Waller Street to the future Edwards Elementary School at 820 Miller Avenue. The pedestrian easement has not been paved nor used as an access to Edwards Elementary School since it was first established by the Final Plat. The site plan for the school was approved in March 2013 and includes a stormwater detention basin near the rear property line of Lot 4. The basin obstructs any future pedestrian path from Waller Street to the school building. There are two other paved pedestrian easements that provide access to the school site from Poe Avenue to the east. These easements suffice to provide excellent access to the school site in combination with sidewalk and street access from Miller Avenue to the west. Current residents of the homes along Waller Street use sidewalks along Miller Street and Poe Avenue to conveniently access the Edwards Elementary School site. Because the easement was granted to the City at no cost as part of platting (rather than dedicated as right-of-way), there is no proposed cost associated with vacating the easement. ALTERNATIVES: 1. The City Council can approve the vacation of the existing pedestrian easement at 4901 Waller Street (Lot 4, Longview Subdivision, Second Addition). 2. The City Council can retain the existing pedestrian easement at 4901 Waller Street (Lot 4, Longview Subdivision Second Addition). 3. The City Council can refer this item back to City staff for additional information. 2 CITY MANAGER'S RECOMMENDED ACTION: The pedestrian easement on Lot 4 serves no useful purpose to the neighborhood residents whose children walk to and from Edwards School. The location of the stormwater detention pond next to the rear property lines of houses along Waller Street makes it impractical to continue reservation of the east ten feet of Lot 4 as a pedestrian easement. In addition, the easement prevents the property owner at 4901 Waller Street from using the east ten feet of his property in a way that would benefit him as the property owner. Mr. Hohback has expressed a desire to use the area between his garage and the east property line as a paved area to park a vehicle that meets the zoning regulations for off- street parking in a low-density residential area. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 1 ITEM # ___30__ DATE: 09-28-21 COUNCIL ACTION FORM SUBJECT: ELECTRIC SERVICES TRANSMISSION MODIFICATIONS AT SOUTHEAST 16TH STREET AND SOUTH DUFF AVENUE INTERSECTION BACKGROUND: The intersection of S. 16th Street and S. Duff Avenue is scheduled to be improved in 2022. The intersection improvements involve pavement reconstruction, addition of turn lanes, new traffic signals, and sidewalk installation. This Council action is to approve the award of contract for the construction and relocation of approximately 2,300 feet of 69 kilovolt (kV) overhead transmission and 13.8 kV overhead distribution lines to accommodate the intersection improvements. Electric Services’ consulting engineer has provided a redesign of the electric facilities, moving them outside of the expanded roadway. Bid documents were issued to twenty-two contractors and four plan rooms. The bid was 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 services with statewide circulation and the Iowa League of Cities. On September 15, 2021, three bids were received as shown below: Staff reviewed the bids along with the consulting engineer and concluded that the apparent low bid submitted by IES Commercial, Holdredge, NE in the amount of $529,140.38 (inclusive of Iowa sales tax) is acceptable. The engineer’s estimate for the electric transmission modifications is $590,000. Funding will come from the Street Light/Electric Line Capital Improvement Project, which includes $1,064,468 in funding, including carryover funds. ALTERNATIVES: 1. Award a contract to IES Commercial, Holdredge, Nebraska for the Electric Services Transmission Modifications at Southeast 16th Street and South Duff Avenue in the amount of $529,140.38 (inclusive of sales tax). Bidder Total 2 2. Award a contract to one of the other bidders. 3. Reject the bids and delay this project. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary to relocate the existing transmission and distribution lines to make way for road improvements in the Southeast 16th Street and South Duff Avenue intersection. These lines are a critical part of the electric system infrastructure and are needed to maintain electric service to customers in Ames. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. ITEM: ___31a____ DATE: 09-28-21__ COUNCIL ACTION FORM SUBJECT: SIDEWALK REPAIR/REPLACEMENT ASSESSMENT BACKGROUND: A portion of sidewalk located in front of 2320 Lincoln Way failed to meet City maintenance standards. The property owner did not complete the repairs as required by Municipal Code, and therefore the City hired a contractor to complete the repairs. The work was completed by the contractor, and a bill has been mailed to the property owner in the amount indicated below. To date, the bill has not been paid. A certified notice of this hearing was mailed to the property owner. GD Lincoln Way LLC $920.00 7 Jackson Walkway Providence, RI 02903 Sidewalk replacement for property located at 2320 Lincoln Way Date of Service: December 3, 2020 ALTERNATIVES: 1. Approve an assessment of the costs to the property owner shown above. The City Clerk’s Office will file the assessment with the Story County Treasurer for collection in the same manner as property taxes as provided for by the Code of Iowa. 2. Do not certify these costs for an assessment, and absorb the costs instead. CITY MANAGER’S RECOMMENDED ACTION: The property owner has not made sidewalk repairs as required by Municipal Code and the City has arranged for the work to be done by a contractor. The property owner has been sent the bill for the costs, but has not paid. Certifying a special assessment for these costs will allow the costs to be recouped through an assessment on the property tax bill. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1 as described above. 1 ITEM # 31b DATE: 09-14-21 COUNCIL ACTION FORM SUBJECT: NUISANCE ASSESSMENTS - SNOW/ICE REMOVAL BACKGROUND: After a snowfall, abutting property owners have the responsibility to remove snow and ice accumulations from the sidewalks. According to the Municipal Code, owners shall remove these accumulations within 10 daylight hours after the storm has stopped. If, after that time, sidewalks remain uncleared, the City may remove accumulations and assess the actual cost of the removal to the property owner. This action is performed on a complaint basis. Once a complaint has been received, notice is given to the abutting property owner that the City will clear the sidewalks if the owner has not done so within 24 hours of that notice. City staff has removed snow and/or ice at the properties listed below. Also included in the list are the names and addresses of the property owners and the costs associated with the snow/ice removal. The work was completed, and bills have been mailed to these individuals. To date, the bills have not been paid. A certified notice of this hearing has been mailed to the property owners. Matthew Bertagnolli $326.25 1533 Ridgewood Avenue Ames, IA 50010 Snow/ice removal for property located at 1533 Ridgewood Avenue Work performed on February 24, 2021 Michael & April Marvin $248.78 1235 Michigan Avenue Ames, IA 50014 Snow/ice removal for property located at 1235 Michigan Avenue Work performed on January 6, 2021 Melanie Shipp $250.00 8726 S. Sepulveda Blvd Unit D-1711 Los Angeles, CA 90045 Snow/ice removal for property located at 218 Lincoln Way Work performed on January 6, 2021 2 Kishuan Kurani $212.50 820 Grand Avenue Ames, IA 50010 Snow/ice removal for property located at 218 Lincoln Way Work performed on February 11, 2021 Hindu Society of America $482.50 14397 Tallwyn Way Carmel, TN 46074 Snow/ice removal for property located at 103 Campus Avenue Work performed on February 11, 2021 Beta Alpha Alumni of Delta Sigma Phi Fraternity Inc., $170.00 2611 Cleveland Drive Ames, IA 50010 Snow/ice removal for property located at 218 Ash Avenue Work performed on December 18, 2020 Divinity Bridget De Los Rios $361.25 1219 Maxwell Avenue Ames, IA 50010 Snow/ice removal for property located at 1219 Maxwell Avenue Work performed on December 21, 2020 and February 11, 2021 ALTERNATIVES: 1. The City Council can: A. Approve the assessment of costs for snow/ice removal to the property owners shown on the above list. B. Direct staff to prepare a spreadsheet of these assessments, and file the assessments with the Story County Treasurer for collection in the same manner as property taxes as provided for by the Code of Iowa. 2. Do not certify these costs to the Story County Treasurer and have the City absorb them instead. CITY MANAGER’S RECOMMENDED ACTION: These property owners failed to clear their sidewalks even after receiving notice to do so and have neglected to pay the costs incurred by the City in making the sidewalks safe for public use. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. ITEM # 32 DATE: 9-28-21 COUNCIL ACTION FORM SUBJECT: AMENDMENT TO FISCAL YEAR 2021/22 ADOPTED BUDGET FOR CARRYOVERS FROM FISCAL YEAR 2020/21 BACKGROUND: The Code of Iowa requires that city spending by program not exceed Council approved budget amounts at any time during the fiscal year. To maintain this level of compliance, the City’s budget is typically amended three times during the fiscal year. The first amendment is submitted in the fall for carryovers of uncompleted projects from the prior fiscal year. A second amendment is approved with the new fiscal year budget in March, and a final amendment is prepared in May. At this time, the fall amendment has been prepared for City Council approval. Each year the City has capital projects and specific operating projects that either span fiscal years or are delayed due to unforeseen circumstances. A summary is attached describing the carryovers, which total $102,757,232. Please note that all the projects and associated budgeted expenditures and funding sources were approved by City Council as part of the fiscal year 2020/21 budget but were not completed during the year. This amendment provides formal Council authority to carry forward the appropriation for projects and other work that will not be spent until fiscal year 2021/22. Amending the budget for carryover amounts improves the ability of departments to monitor project spending and for Finance staff to track budget compliance. ALTERNATIVES: 1.Adopt a resolution amending the fiscal year 2021/22 budget to increase expenditures by $102,757,232 for carryover amounts from fiscal year 2020/21. 2. Refer this item back to staff for additional information or other adjustments to the amendments. CITY MANAGER’S RECOMMENDED ACTION: Amending the FY 2021/22 budget for carryover amounts from the FY 2020/21 budget early in the fiscal year will provide for improved budget monitoring and tracking. It will also provide assurance that Council-approved projects and work not completed in the prior year will not be delayed for spending authority. Therefore, it is recommended that City Council approve Alternative No. 1, thereby adopting a resolution amending the fiscal year 2021/22 budget by increasing expenditures by $102,757,232 for carryover amounts from fiscal year 2020/21. CITY OF AMES, IOWA 2021/22 FALL BUDGET AMENDMENT SUMMARY TABLE OF CONTENTS Expenditure Change Summaries…………….…………………………………………………………1 Explanation of Expenditure Changes…………………………………………………………………..3 Fund Summary..………………………………………………………………………..…………………7 Notice of Public Hearing Publication (Amendment of Current City Budget)………………………..9 1 EXPENDITURE CHANGES BY PROGRAM Percentage 2021/22 2020/21 2021/22 Change from Program: Adopted Carryover Adjusted Adopted Public Safety: Law Enforcement 10,937,377 90,670 11,028,047 0.8% Fire Safety 8,037,128 25,474 8,062,602 0.3% Building Safety 1,730,043 - 1,730,043 0.0% Animal Control 588,432 8,632 597,064 1.5% Storm Warning System 15,458 - 15,458 0.0% Public Safety CIP - 1,269,256 1,269,256 Total Public Safety 21,308,438 1,394,032 22,702,470 6.5% Utilities: Electric Services 56,792,448 1,058,604 57,851,052 1.9% Water and Pollution Control 8,690,806 12,000 8,702,806 0.1% Water Distribution System 1,648,534 - 1,648,534 0.0% Sanitary Sewer System 954,982 - 954,982 0.0% Storm Water Management 767,344 - 767,344 0.0% Resource Recovery 4,215,431 - 4,215,431 0.0% Utility Customer Service 1,866,477 - 1,866,477 0.0% Utilities CIP 20,033,650 51,224,662 71,258,312 255.7% Total Utilities 94,969,672 52,295,266 147,264,938 55.1% Transportation: Streets/Traffic System 7,417,681 238,238 7,655,919 3.2% Transit System 12,540,000 - 12,540,000 0.0% Parking System 1,022,434 - 1,022,434 0.0% Airport Operations 157,971 143,229 301,200 90.7% Transportation CIP 21,357,411 39,727,651 61,085,062 186.0% Total Transportation 42,495,497 40,109,118 82,604,615 94.4% Community Enrichment: Parks and Recreation 4,651,329 162,813 4,814,142 3.5% Library Services 5,147,226 37,628 5,184,854 0.7% Art Services 279,733 88,768 368,501 31.7% Cemetery 202,870 - 202,870 0.0% Human Services 1,628,056 169,395 1,797,451 10.4% Housing Services 1,096,230 - 1,096,230 0.0% Economic Development 2,356,451 166,064 2,522,515 7.1% FEMA/Disaster Relief - - - Community Enrichment CIP 1,625,000 3,871,613 5,496,613 238.3% Total Community Enrichment 16,986,895 4,496,281 21,483,176 26.5% 2 EXPENDITURE CHANGES BY PROGRAM, continued Percentage 2021/22 2020/21 2021/22 Change from Program: Adopted Carryover Adjusted Adopted General Government: City Council 564,776 316,345 881,121 56.0% City Clerk 481,976 42,000 523,976 8.7% City Manager 814,715 450 815,165 0.1% Public Relations 229,907 10,135 240,042 4.4% Media Production Services 191,082 - 191,082 0.0% Planning Services 913,342 96,132 1,009,474 10.5% Financial Services 2,090,573 1,838 2,092,411 0.1% Legal Services 880,674 - 880,674 0.0% Human Resources 741,389 98,606 839,995 13.3% Facilities 470,655 41,089 511,744 8.7% General Government CIP 50,000 1,871,739 1,921,739 3743.5% Total General Government 7,429,089 2,478,334 9,907,423 33.4% Debt Service: General Obligation Bonds 11,988,237 - 11,988,237 0.0% Electric Revenue Bonds 966,306 - 966,306 0.0% SRF Loan Payments 4,751,088 - 4,751,088 0.0% Total Debt Service 17,705,631 - 17,705,631 0.0% Internal Services: Fleet Services 3,153,808 1,467,130 4,620,938 46.5% Information Technology 2,826,041 - 2,826,041 0.0% Printing Services - 124,900 124,900 Messenger Service - 104,814 104,814 Risk Management 2,850,001 - 2,850,001 0.0% Health Insurance 10,539,050 - 10,539,050 0.0% Internal Services CIP - 287,357 287,357 Total Internal Services 19,368,900 1,984,201 21,353,101 10.2% Total Expenditures Before Transfers 220,264,122 102,757,232 323,021,354 46.7% Transfers 23,537,089 - 23,537,089 0.0% Total Expenditures 243,801,211 102,757,232 346,558,443 42.2% 3 2021/22 AMENDMENTS BY PROGRAM Public Safety Program $1,394,032 Public Safety operating expenses are being increased by $124,776 for delayed equipment and capital purchases for the Police Department ($90,670), the Fire Department ($25,474), and Animal Control ($8,632). Funding of $1,269,256 is being carried over in the Public Safety CIP for the following projects:  Fire station improvements  Fire apparatus replacement $109,312 498,335  602,573 59,036 Utilities Program $52,295,266 Operating expenses of $1,070,604 are being carried over in the Utilities program. Of this amount, $1,058,604 is for delayed equipment purchases or projects at the Power Plant, Electric Distribution, and Electric Engineering. The $12,000 balance in Utility operating carryovers is for delayed equipment purchases at the Water Treatment Plant. A total of $51,224,662 of Utility CIP project funds are being carried over for the following projects:  o Ash pond modifications o RDF bin renovation 2,274,839 o Unit 8 turbine/generator overhaul o Street light/line Relocations 1,059,045 o Unit 8 precipitator reconstruction o 974,853 o Other Electric CIP projects 4,645,275  Water Utility CIP projects ($16,923,119): o North River Valley Well Field o Old Water Plant demolition 4,215,084 o Water distribution improvements o East Ames water line extension o Other Water Utility CIP projects 1,478,641  o East Ames sewer system extension 5,973,986 o Sanitary sewer system improvements o WPC digester improvements 456,449 o WPC cogeneration system o Watershed nutrient reduction o Other Sewer Utility CIP projects 339,130 5,245,243 657,816 3,831,857 242,934 4 Transportation Program $40,109,118 Operating expenses of $381,467 are being carried over in the Transportation program. The carryover amount includes funding to upgrade software in Public Works Engineering and Traffic Engineering ($63,200), to modify an existing hoop building for salt storage for Public Works Snow and Ice ($75,000), and to continue the Emerald Ash Borer (EAB) program ($100,038) in Right-of- Way Maintenance. Expenditures covered by COVID relief grant funding have also been carried over in Airport Operations. This funding, totaling $143,229, will be used to replace hangar doors at the Ames Municipal Airport. Transportation CIP funding carryovers total $39,727,651 and consist of the following programs and projects:  o Grand Avenue extension o Concrete pavement improvements 4,330,334 o Arterial street improvements o Cherry Avenue extension 2,667,422 o Collector street improvements o Asphalt pavement improvements o Other street improvement projects 2,506,140 3,408,994 1,446,299 4,311,508  Transit system improvements  9,450,145 108,765 . Community Enrichment Program $4,496,281 Community Enrichment operating expenses of $624,668 are being carried forward. Of this amount, $162,813 is for Parks and Recreation projects and equipment, primarily funded through donations. The Library is carrying forward $37,628 to purchase new print/copy/scan kiosks. Funding of $88,768 is being carried forward in Art Services for Public Art ($68,768), the Small Art Grant Program ($10,000), and the Downtown Transformer Painting project ($10,000). In Economic Development, $56,064 is being included in the amended budget to repay the Iowa Department of Transportation for a portion of the RISE grant received for the ISU Research Park. The City will pay for its half of the $56,064 repayment using Road Use Tax funds and will be reimbursed by ISU Research Park for the other half of the grant repayment. Funding allocated to the Ames Convention and Visitors Bureau for COVID-19 relied is also being carried over into FY 2020/21. This funding consists of a one-time payment ($35,000) and a COVID-19 and a separate loan ($75,000). The remaining $169,395 in operating expense carryovers are for Human Service agency funding for Bridge Home ($17,052), Heartland Senior Services ($101,932), MICA ($6,228), University Community Childcare ($15,358), and Youth and Shelter Services ($31,300). An adjustment was also made to the contract with Primary Health Care to lower their allocation by $2,475, and the allocation to the Volunteer Center ($3,285) has been left in the Human Service Agency budget but shifted to unallocated funds. 5 Funding of $3,871,613 is being carried over for the following Community Enrichment CIP projects:  : o Downtown plaza o Splash pad 561,740 o Park play equipment o Ada Hayden Heritage Park improvements o Municipal Pool improvements 194,791 o River Valley Park improvements o Homewood shared use path 125,000 o Hira Park development o Other park and facility improvements  63,600  59,537  Arts capital grants program  Downtown Façade Grant program 200,000 130,001 General Government Program $2,478,334 Operating expenditures of $606,595 are being carried forward in the General Government program. In the City Council budget, funding has been carried over for the Climate Action Plan ($123,862) and the Internet Improvement Study ($125,000). Unspent contingency funds of $67,483 are also being carried forward. Of this amount, $3,004 is reserved for the City’s Mental Health Wellness Initiative and $1,000 is reserved for the ISU Public Engagement project. The remaining $63,479 of contingency funds remains unallocated. In Planning Services, $96,132 is being carried forward to complete the Comprehensive Plan and for other additional studies or outside professional services needed for projects as directed by City Council. Savings of $98,606 have also been carried over in the Human Resources budget for diversity training and temporary staffing needs, as well as $42,000 in the City Clerk’s Office to upgrade the City’s record management system. The remaining balance of $53,512 in carryover funds is for delayed equipment purchases and special projects for the City Manager’s Office, Public Relations, Financial Services, and the Facilities program. The General Government CIP carryover of $1,871,739 is for the following projects:  City Hall additional parking  $691,483 614,064 399,462 166,730 Internal Services: $1,984,201 In the Internal Services program, $1,467,130 is being carried over in the Fleet Services budget for delayed vehicle and equipment purchases. Funding for Printing Services ($124,900) and Messenger Services ($104,814) has also been shifted to the Internal Services program from the General Government program. 6 There is also an Internal Services CIP carryover of $287,357 for improvements at the Fleet Maintenance facility. Total Carryovers $102,757,232 7 2020/21 CARRYOVERS BY FUND Percentage 2021/22 2020/21 2021/22 Change from Fund: Adopted Carryover Adjusted Adopted General Fund 40,112,482 4,874,198 44,986,680 12.2% Special Revenue Funds: Local Option Sales Tax 9,612,831 4,465,449 14,078,280 46.5% Hotel/Motel Tax 1,882,088 235,329 2,117,417 12.5% Road Use Tax 8,144,377 3,309,854 11,454,231 40.6% Public Safety Special Revenues 97,000 8,290 105,290 8.6% City-Wide Housing Programs 24,909 - 24,909 0.0% CDBG Program 602,550 - 602,550 0.0% HOME Program 468,771 - 468,771 0.0% Employee Benefit Property Tax 2,400,125 - 2,400,125 0.0% Police/Fire Retirement 95,000 - 95,000 0.0% Parks & Rec Grants/Donations 50,150 185,378 235,528 369.7% American Rescue Plan - 899,729 899,729 Library Direct State Aid 15,500 - 15,500 0.0% Library Friends Foundation 281,489 - 281,489 0.0% Library Grants/Donations 6,146 - 6,146 0.0% Utility Assistance 15,500 - 15,500 0.0% Miscellaneous Special Revenues 60,000 10,026 70,026 16.7% Developer Projects - - - Economic Development - 28,032 28,032 Tax Increment Financing (TIF) 1,285,033 - 1,285,033 0.0% Total Special Revenue Funds 25,041,469 9,142,087 34,183,556 36.5% Capital Project Funds: Special Assessments 318,313 - 318,313 0.0% Street Construction 4,090,900 6,591,973 10,682,873 161.1% Airport Construction 341,667 108,765 450,432 31.8% Park Development - 164,187 164,187 General Obligation Bonds 13,763,538 19,887,241 33,650,779 144.5% Total Capital Project Funds 18,514,418 26,752,166 45,266,584 144.5% Permanent Funds: Cemetery Perpetual Care - - - Furman Aquatic Center Trust - - - Total Permanent Funds - - - 8 2020/21 CARRYOVERS BY FUND, continued Percentage 2021/22 2020/21 2021/22 Change from Fund: Adopted Carryover Adjusted Adopted Enterprise Funds: Water Utility/Construction 19,827,944 17,183,069 37,011,013 86.7% Sewer Utility/Construction 11,983,380 8,532,349 20,515,729 71.2% Electric Utility/Sinking 70,466,709 16,126,919 86,593,628 22.9% Parking/Parking Reserve 1,148,402 - 1,148,402 0.0% Transit/Transit Reserve 17,141,044 9,450,145 26,591,189 55.1% Storm Water Utility/Construction 2,288,338 8,433,118 10,721,456 368.5% Ames/ISU Ice Arena 533,177 36,046 569,223 6.8% Ice Arena Capital Reserve - - - Homewood Golf Course 291,521 - 291,521 0.0% Resource Recovery 5,095,190 242,934 5,338,124 4.8% Total Enterprise Funds 128,775,705 60,004,580 188,780,285 46.6% Debt Service 11,988,237 -11,988,237 0.0% Internal Service Funds: Fleet Services 2,435,308 - 2,435,308 0.0% Fleet Replacement Reserve 718,500 1,455,130 2,173,630 202.5% Fleet Services Reserve - 299,357 299,357 Information Technology 2,067,129 - 2,067,129 0.0% Departmental Technology Reserve 491,500 (246,000)245,500 -50.1% Shared Communications 267,412 - 267,412 0.0% IT Technology Reserve -246,000 246,000 Printing Services - 124,900 124,900 Messenger Services - 104,814 104,814 Risk Insurance 2,850,001 -2,850,001 0.0% Health Insurance 10,539,050 - 10,539,050 0.0% Total Internal Service Funds 19,368,900 1,984,201 21,353,101 10.2% Total Expenditures 243,801,211 102,757,232 346,558,443 42.2% REVENUES & OTHER FINANCING SOURCES Total Budget as Certified or Last Amended Current Amendment Total Budget After Current Amendment Taxes Levied on Property 1 32,343,273 0 32,343,273 Less: Uncollected Delinquent Taxes - Levy Year 2 0 0 0 Net Current Property Tax 3 32,343,273 0 32,343,273 Delinquent Property Tax Revenue 4 0 0 0 TIF Revenues 5 1,918,072 0 1,918,072 Other City Taxes 6 11,015,944 0 11,015,944 Licenses & Permits 7 1,628,340 0 1,628,340 Use of Money & Property 8 15,328,826 0 15,328,826 Intergovernmental 9 29,571,848 0 29,571,848 Charges for Service 10 300,905,633 0 300,905,633 Special Assessments 11 318,313 0 318,313 Miscellaneous 12 695,191 0 695,191 Other Financing Sources 13 17,681,400 0 17,681,400 Transfers In 14 16,944,645 0 16,944,645 Total Revenues & Other Sources 15 428,351,485 0 428,351,485 EXPENDITURES & OTHER FINANCING USES Public Safety 16 21,308,438 124,776 21,433,214 Public Works 17 7,591,152 381,467 7,972,619 Health and Social Services 18 1,628,056 169,395 1,797,451 Culture and Recreation 19 9,690,222 289,209 9,979,431 Community and Economic Development 20 4,557,105 262,196 4,819,301 General Government 21 3,212,079 510,463 3,722,542 Debt Service 22 11,988,237 0 11,988,237 Capital Projects 23 21,764,505 39,030,945 60,795,450 Total Government Activities Expenditures 24 81,739,794 40,768,451 122,508,245 Business Type/Enterprise 25 304,388,935 61,759,067 366,148,002 Total Gov Activities & Business Expenditures 26 386,128,729 102,527,518 488,656,247 Tranfers Out 27 16,944,645 0 16,944,645 Total Expenditures/Transfers Out 28 403,073,374 102,527,518 505,600,892 Excess Revenues & Other Sources Over (Under) Expenditures/Transfers Out 29 25,278,111 -102,527,518 -77,249,407 Beginning Fund Balance July 1, 2021 30 775,673,312 0 775,673,312 Ending Fund Balance June 30, 2022 31 800,951,423 -102,527,518 698,423,905 Explanation of Changes: Increases to the budget primarily include fiscal year 2021 carryovers. The majority of the carryovers are delayed capital projects. NOTICE OF PUBLIC HEARING - AMENDMENT OF CURRENT BUDGET AMES Fiscal Year July 1, 2021 - June 30, 2022 The City of AMES will conduct a public hearing for the purpose of amending the current budget for fiscal year ending June 30, 2022 Meeting Date/Time: 9/28/2021 06:00 PM Contact: Duane Pitcher Phone: (515) 239-5113 Meeting Location: Ames City Hall - Council Chambers 515 Clark Avenue, Ames, IA There will be no increase in taxes. Any residents or taxpayers will be heard for or against the proposed amendment at the time and place specified above. A detailed statement of: additional receipts, cash balances on hand at the close of the preceding fiscal year, and proposed disbursements, both past and anticipated, will be available at the hearing. 09/08/2021 12:47 PM Page 1 of 1 9 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY ENACTING A NEW SECTION 2.50 THEREOF, FOR THE PURPOSE OF ESTABLISHING AN AMES RESIDENT POLICE ADVISORY COMMITTEE, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by enacting a new Section 2.50 as follows: “Sec. 2.50.AMES RESIDENT POLICE ADVISORY COMMITTEE ESTABLISHED. There is hereby established the Ames Resident Police Advisory Committee (ARPAC) for the City of Ames, Iowa. Sec. 2.51.CHARGE. The mission of the Ames Resident Police Advisory Committee is to provide a resident perspective to the Chief of Police into the resolution of complaints against the Ames Police Department, provide thoughtful recommendations regarding the policies and practices of the Ames Police Department, report concerns regarding complaint investigation outcomes to the City Manager, and increase public confidence in the professionalism and accountability of the Ames Police Department. Sec. 2.52.MEMBERSHIP. (1)The Committee shall consist of seven members appointed by the Mayor with the approval of the City Council. The members of the committee shall be representative of the diversity of the community, insofar as practicable. (2)Applicants for the Committee shall provide with their application a statement of their commitments to serve impartially, to review complaints based only upon facts and evidence, and to remain unprejudiced for or against police officers or complainants. Applicants must agree to hold in strict confidentiality any record or deliberation that qualifies as a confidential record or deliberation under Iowa law. When presenting a prospective Committee member for City Council approval, the Mayor shall include a statement describing the rationale for selecting the appointee. (3)The term of office shall be three (3) years, and shall begin April 1 of the year of appointment, except that the Mayor may prescribe a shorter term for any appointment or reappointment in order to stagger terms. Vacancies shall be filled for any unexpired term in the same manner as original appointments. No member who has served six (6) consecutive years is eligible for reappointment. (4)The Committee shall elect one of its own members to be chairperson and another to record minutes of its proceedings. (5)Any member or all members may be removed from office at any time by the Mayor with the approval of the City Council, for good cause. Sec. 2.53.RESPONSIBILITIES. The Ames Resident Police Advisory Committee shall have the following responsibilities: (1)To accept complaints from the public regarding the conduct of sworn Ames police officers and forward such complaints to the Chief of Police for investigation in accordance with Police Department policies and applicable law. (2)To review policies and procedures of the Police Department and provide comments and suggestions for improvement to the Chief of Police and City Manager. (3)To conduct outreach and engage individuals and groups in the Ames community regarding concerns related to public safety and police procedures, rights and responsibilities of residents in law enforcement actions, and processes and resources for filing complaints. (4)To provide feedback to the Chief of Police regarding whether a police officer’s conduct merits commendation, in instances where a commendation is being considered. (5)To issue an annual report to the City Council containing the number of complaints received and the nature of such complaints, demographic information of complainants (when disclosed by complainants), a summary of policies reviewed and any changes recommended, a summary of training provided to the Committee, a summary of outreach activities conducted, and concerns regarding complaint investigation outcomes, if any. Sec. 2.54.COMPLAINT REVIEW PROCESS. (1)When a complaint regarding the Ames Police Department or one of its sworn officers is received, the complaint shall be investigated in accordance with Police Department policies and applicable law. (2)At the conclusion of an investigation into a complaint, the Chief of Police shall convene the Committee to discuss the investigation and seek the input of the Committee, prior to making a decision as to personnel action, if any. A summary of the input received from the Committee regarding a complaint shall be provided to the City Manager. The review of the complaint by the Committee shall be advisory in nature and separate from the formal internal investigation and disciplinary processes. (3)The Chief of Police shall seek the review of a complaint by the Committee when the complaint concerns Police Department policy violations, improper or inadequate investigation, excessive use of force, discrimination, or harassment, or any other complaint in which the Chief of Police determines a review by the Committee to be desirable. (4)The Committee is authorized to convene in closed session upon advice of the City Attorney to discuss confidential records and other matters as prescribed by and in accordance with the procedures outlined in state law. All meetings held in closed session will be attended by the Chief of Police or designee. (5)To preserve impartiality, once a complaint has been filed, members of the Committee may not engage in communications with a party to that complaint until the complaint has been disposed of. Sec. 2.55. MEETINGS, RESOURCES, AND TRAINING. (1)The Committee shall hold regular meetings not less than four times per year and shall hold special meetings as needed to review complaints upon the request of the Chief of Police. The Police Department shall provide meeting space and materials as necessary for the Committee to conduct its meetings. The Chief of Police or designee shall attend meetings to serve as a resource to the Committee; however, the Committee is not empowered to direct the Chief of Police or the activities of the Police Department. (2)The Police Department shall allocate funding in its budget each year for the operations of the Committee, including for supplies, materials, training, and other resources. (3)Committee members shall receive ongoing education and training in subjects recommended by City staff, including local ordinances, state law, City and departmental policies, organization and roles of the Police Department, traffic stops, searches, seizures, arrests, booking, use of force, police equipment and facilities, the investigative process, biased-based policing, officer selection and training, and other pertinent matters. Section Two. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of the conflict, if any.” Passed this day of , . _____________________________________________________________________________ Diane R. Voss, City Clerk John A. Haila, Mayor