HomeMy WebLinkAbout~Master - August 18, 2020, Regular Meeting of the Ames City CouncilAGENDA
REGULAR MEETING OF THE AMES CITY COUNCIL
COUNCIL CHAMBERS - CITY HALL*
AUGUST 18, 2020
*DUE TO THE COVID-19 PANDEMIC, THE JOINT MEETING OF THE AMES HUMAN
RELATIONS COMMISSION AND AMES CITY COUNCIL AND THE REGULAR
MEETING OF THE AMES CITY COUNCIL WILL BE CONDUCTED AS AN
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or watch the meeting live on Mediacom Channel 12
NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public
during discussion. If you wish to speak, please see the instructions listed above. The normal process
on any particular agenda item is that the motion is placed on the floor, input is received from the
audience, the Council is given an opportunity to comment on the issue or respond to the audience
concerns, and the vote is taken. On ordinances, there is time provided for public input at the time of
the first reading.
CALL TO ORDER: 6:00 p.m.
PROCLAMATION:
1. Proclamation designating Ames as a Bird-Friendly Community
CONSENT AGENDA: All items listed under the consent agenda will be enacted by one motion.
There will be no separate discussion of these items unless a request is made prior to the time the
Council members vote on the motion.
2. Motion approving payment of claims
3. Motion approving Minutes of Special Meetings of July 21, 2020, and August 12, 2020, and
Regular Meeting of July 28, 2020
4. Motion approving Report of Change Orders for period July 16 - July 31, 2020
5. Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a. Class C Beer Permit with Class B Wine Permit and Sunday Sales - Hy-Vee Gas #5013, 4018
West Lincoln Way
b. Class C Liquor License with Sunday Sales - Inside Golf, 2801 Grand Avenue #1075
c. Class C Liquor License with Catering Privilege, Outdoor Service, and Sunday Sales - Iowa
State Center, CY Stephens, CY Stephens - Iowa State University
d. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carry-out Beer), and
Sunday Sales - KWIK Stop Liquor & Groceries, 125 6th Street
e. Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carry-out Beer), and
Sunday Sales - Kum & Go #1215, 456 Lincoln Way
6.Requests from Ames Main Street for Art Walk/Music Walk on October 8, 2020 (Rescheduled from
June 4, 2020):
a. Motion approving Blanket Vending License for Central Business District from 3:00 p.m. to 8:30
p.m.
b. Motion approving Blanket Temporary Obstruction Permit for Central Business District from
1:00 p.m. to 9:00 p.m.
c. Resolution approving waiver of fee for Blanket Vending License
d. Resolution approving closure of ten metered parking spaces in the Central Business District
e. Resolution approving usage of electricity in Tom Evans Plaza and waiver of fee for cost of
electricity
f. Resolution approving closure of Kellogg Avenue, from Main Street to 5th Street, from 3:00 p.m.
to 8:30 p.m.
g. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in
the amount of $2.50
7. Requests from Ames Main Street for Downtown September Sidewalk Sales from September 10-13,
2020:
a. Motion approving Blanket Vending License
b. Motion approving Blanket Temporary Obstruction Permit
c. Resolution approving waiver of fee for Blanket Vending License
d. Resolution approving suspension of parking regulations and enforcement for Downtown from
8:00 a.m. to 8:00 p.m. on Saturday, September 12, 2020
e. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in
the amount of $1,370.25
8. Requests from Ames Main Street for Shop for Cause on November 7, 2020:
a. Motion approving Blanket Temporary Obstruction Permit
b. Motion approving Blanket Vending License
c. Resolution approving waiver of fee for Blanket Vending License
d. Resolution approving suspension of parking regulations and enforcement for the Downtown
from 8:00 a.m. to 8:00 p.m. on Saturday, November 7, 2020
e. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in
the amount of $1,370.25
9. Requests from Ames Main Street for Small Business Saturday on November 28, 2020:
a. Motion approving Blanket Vending License
b. Motion approving Blanket Temporary Obstruction Permit
c. Resolution approving waiver of fee for Blanket Vending License
d. Resolution approving suspension of parking regulations and enforcement for Downtown from
8:00 a.m. to 8:00 p.m. on Saturday, November 28, 2020
e. Resolution approving transfer of funds from Local Option Sales Tax Fund to Parking Fund in
the amount of $1,370.25
10. Requests from Ames Main Street for Snow Magic from December 4 - 24, 2020:
a. Motion approving Blanket Temporary Obstruction Permit
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b. Motion approving Blanket Vending License
c. Resolution approving waiver of fee for Blanket Vending License
d. Resolution approving closure of Kellogg from Main Street to 5th Street, including closure of 12
metered parking spaces, from 1:00 p.m. to 8:00 p.m. on December 4 for Santa’s Train
e. Resolution approving closure of four metered parking spaces within the Downtown from 1:00
p.m. to 8:00 p.m. on December 4 to facilitate pick-up and drop-off of passengers on horse-
drawn carriage rides through Downtown
f. Resolution approving waiver of parking meter fees for closed parking meters on Friday,
December 4
g. Resolution approving usage of electricity in Tom Evans Plaza and waiver of fees for electricity
11. Resolution approving Memorandum of Understanding with Story County and authorizing
application for grant funding under the 2020 Department of Justice Bureau of Justice Assistance
Edward Byrne Memorial Justice Assistance Grant
12. Resolution approving extension of waiver of parking regulations for parking spaces at Ames Public
Library to facilitate curbside pick-up
13. Resolution approving preliminary plans and specifications for 2017/18 Main Street Pavers (Clark
to Burnett); setting September 2, 2020, as bid due date and September 8, 2020, as date of public
hearing
14. Resolution awarding contract for Power Plant Maintenance Services to Anderson Process &
Instrumentation Solutions, LLC, of Marshalltown, Iowa, for hourly rates and unit prices bid in an
amount not to exceed $125,000
15. Seven snowplow trucks and accessories for Public Works:
a. Resolution awarding contract to O’Halloran International of Altoona, Iowa, for purchase of
seven International HV507 Chassis - six single axle, and 1 tandem axle in the amount of
$594,821
b. Resolution awarding contract to Henderson Truck Equipment of Manchester, Iowa, to equip the
six single axle truck chassis and 1 tandem axle chassis from O’Halloran International with dump
body, snow removal equipment, and accessories in the amount of $799,329
c. Resolution awarding contract to O’Halloran International of Altoona, Iowa, to install the
Optimus Vector system on the seven chassis for year-round use of B100 bio-diesel in the
amount of $93,996
d. Motion authorizing staff to pursue grants in the next 12 months to pay for the Optimus system;
if unsuccessful a loan will be provided by Fleet Services to Public Works
16. Resolution approving contract and bond for Emma McCarthy Lee Park Pedestrian Bridge
Replacement
17. Resolution approving contract and bond for 2019/20 Clear Water Diversion
18. Resolution approving contract and bond for 2020/21 US Hwy 69 Improvements (South Duff
Avenue and US Highway 30 Eastbound Off-Ramp)
19. Power Plant Steam Turbine No. 8 Parts Procurement:
a. Resolution rescinding Resolution No. 20-374 awarding contract to Action Turbine Bid Repair
and rescinding Resolution No. 20-406 approving contract and bond of Action Turbine Bid
Repair due to bid being withdrawn
b. Motion directing staff to purchase the parts originally intended to be purchased from Action
Turbine Repair Service from the next low bidders
20. Resolution approving Change Order No. 3 with RW Excavating Solutions for the Low-Head Dam
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Improvements Project in the amount of $59,483.99
21. WPC Digester Improvements Project - Phase 2:
a. Resolution approving Change Order No. 4 with Shank Constructors Inc., in the amount of
$5,197
b. Resolution accepting completion
22. Resolution accepting completion of 2019/2020 Pavement Restoration Program (Slurry Seal)
PUBLIC FORUM: This is a time set aside for comments from the public on topics of City business
other than those listed on this agenda. Please understand that the Council will not take any action on
your comments at this meeting due to requirements of the Open Meetings Law, but may do so at a
future meeting. The Mayor and City Council welcome comments from the public; however, at no
time is it appropriate to use profane, obscene, or slanderous language. The Mayor may limit each
speaker to three minutes.
ADMINISTRATION:
23. Presentation of the Draft Greenhouse Gas Inventory and additional studies
24. Staff Report on Factors to Consider if implementing a City-wide face covering mandate
25. Discussion of City Council Conferences in FY 2020/21
HEARINGS:
26. Hearing on proposed conveyance of a portion of vacated City right-of-way adjacent to the south
edge of 2400 SE 16th Street (Continued from July 28, 2020):
a. Resolution approving conveyance of a portion of vacated City right-of-way adjacent to the
south edge of 2400 SE 16th Street to VanWall Equipment, Inc., in the amount of $28,410.06
27. Hearing on Unit 8 Crane Renovation (Continued from July 28, 2020):
a. Resolution approving final plans and specifications and awarding contract to Miner
Corporation, dba MHC Systems, LLC, of Urbandale, Iowa, in the amount of $273,439.10
(inclusive of Iowa sales tax)
28. Hearing on Integrated Site Plan (Major Site Development Plan and Preliminary Plat) for 3619
Stange Road:
a. Resolution approving, with conditions, Integrated Site Plan for 3619 Stange Road
PLANNING & HOUSING:
29. Staff Report on request from Dickson Jensen for sidewalk waiver adjacent to Bricktowne
Development
ORDINANCES:
30. Second passage of ordinance revising Municipal Code Section 17.33 pertaining to selling, giving,
or supplying tobacco, tobacco products, or cigarettes to persons under 18 years of age
DISPOSITION OF COMMUNICATIONS TO COUNCIL:
COUNCIL COMMENTS:
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CLOSED SESSION:
31. Motion to hold Closed Session as provided by Section 21.5(1)c, Code of Iowa, to discuss matters
presently in or threatened to be in litigation
ADJOURNMENT:
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MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 21, 2020
The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m.
on the 21st day of July, 2020. The Mayor announced that it is impractical to hold an in-person Council
meeting due to the Governor of Iowa declaring a public health emergency because of the COVID-19
pandemic. Therefore, this meeting is being held as an electronic meeting as allowed by Section 21.8
of the Iowa Code. Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim
Gartin, Rachel Junck, and David Martin and ex officio Member Nicole Whitlock joined the electronic
meeting. The Mayor described the options available to those who wanted to offer public input.
On behalf of the City of Ames, Mayor Haila extended deepest condolences to the family of
Representative John Lewis and noted that flags were being flown at half-staff to honor him.
WORKSHOP REGARDING MULTI-FAMILY COMPONENT OF 321 STATE STREET
DEVELOPMENT: Mayor Haila said Council discussion will ensure the project can move forward,
though no final Council decision will be made this evening.
Ms. Baker-Latimer said that, in December 2017, Council directed staff to create a development
concept for single-family homes in this area, which is now called Baker Subdivision and includes
affordable multi-family housing on the site. In January the budget process time frame was laid out.
She said staff met with the surrounding neighborhoods and Civil Design Advantage (CDA) to come
up with six concept designs, which were shared with Council on February 25, 2020, and Concept F
was selected. Ms. Baker-Latimer said single-family homes would be located on the north side and
multi-family rental housing on the south side. She said Low-Income Housing Tax Credit (LIHTC)
program details, Q&A’s, and 2020 income guidelines are included in the Council packet
information. Ms. Baker-Latimer said this meeting will include Council discussion and public input
from members of the neighborhood regarding the south side to assist staff in drafting a Request for
Proposals (RFP). Planning and Housing Director Diekmann said staff is recommending the RFP be
broad in order to receive proposals with different options.
Council Member Martin said there has been interest from neighbors on a lease-to-buy concept and
asked what impact that would have on housing type and density. Ms. Baker-Latimer said she visited
two sites in Des Moines and one site in Bondurant that were rent-to-own programs with tax credits,
and they are eligible projects under the Iowa Finance Authority (IFA) criteria. She said all sites had
on-site management for maintenance. She said she is unsure how many units would need to be
proposed for the project to be financially feasible. Mr. Diekmann said that within the three available
acres about 12-18 single-family homes could be accommodated, and any other configuration is hard
to speculate. Mr. Martin asked how that compares to the multi-family construction targets. Mr.
Diekmann said with two to three stories 40 units could fit comfortably. Ms. Beatty-Hansen asked
about duplex or triplex options. Mr. Diekmann said that would be hard for staff to project. Ms.
Beatty-Hansen asked about the on-site manager. Ms. Baker-Latimer said the maintenance staff had
office hours. Ms. Betcher asked about the definition of multi-family. Mr. Diekmann said multi-
family is three or more units connected in a building. He said the Des Moines Greystones project
has 26 four-bedroom homes.
Council Member Gartin said single-family homes or duplexes will most likely not achieve the
desired density. He said it makes sense to consider an apartment-like building and create
condominiums. Mr. Diekmann said he doesn’t believe that to be precluded by rules, but he hasn’t
seen it before.
Council Member Martin asked if the RFP will include the possibility of lease-to-own properties or
if that is something that needs done separately. Mr. Diekmann said Council would need to determine
if it’s willing to consider that type of proposal. Mr. Martin asked about the way a lease-to-own
option works. Mr. Diekmann said there’s a substantial amount of years the unit must be a rental. Ms.
Betcher said the Des Moines Greystones project has a 15-year rental requirement before the unit is
eligible for purchase.
Ms. Baker-Latimer said IFA’s point system looks at the community and the housing need, so broad
requirements would allow developers to submit options. Mr. Diekmann said developers want to
know what the City wants in order to put their best proposal forward, yet more options will be
submitted if more freedom is given. Mr. Gartin said he’s worried that the option of lease-to-own has
come up late in the process, and he doesn’t want it to constrain the process.
Mayor Haila opened public forum.
Tony Ramey, 425 Hilltop Road, Ames, said Joanne PfeIffer contacted him about the Des Moines
Greystones project, which is the first project he has heard about with the lease-to-own option. He
said he feels something similar would be good for the city and the neighborhood.
Debbie Ramey, 425 Hilltop Road, Ames, asked for clarification on the acronyms being used. Mr.
Diekmann reviewed the acronyms being used and explained IFA is the state agency reviewing and
awarding the LIHTC, which help lower the cost of producing lower income housing. He said it’s
a competitive program across the state with more requests than funding. Low density was defined
as up to seven units per acre, medium density was defined as seven to 22 units per acre, and high
density as up to 40 units per acre.
Sheila Riggs, 405 S. Wilmoth Avenue, Ames, thanked the Council for its service. She asked how
Ames distributes housing to low-income families in different wards of Ames.
Jan Flora, 1902 George Allen Avenue, Ames, said he likes the direction of the discussion and
appreciates the rent-to-own idea. He said accumulating equity from the beginning would contribute
to stability for renters.
Marilyn Clem, 3306 Morningside Street, Ames, said she’s not in favor of high rises in the area. She
asked if anyone is willing to build the five houses planned on Wilmoth Avenue. She said she would
like to see the neighborhood beautified and she doesn’t believe a high rise complex would do that.
She suggested row houses.
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Michael Petersen, 3302 Morningside Street, Ames, asked the council members if they would vote
in favor of more multi-family housing if they lived in the neighborhood.
Joanne PfeIffer, 3308 Morningside Street, Ames, thanked Council for the conversation and for
reading the letters that were submitted. Mayor Haila said he knows they have been received and will
be taken seriously.
Ms. Baker-Latimer told Council that developers get funded by IFA, Iowa Economic Development,
or Housing and Urban Development (HUD) to build subsidized housing where they already own
land or where land is available. She said food, groceries, and transportation must be readily available
in the area. Ms. Baker-Latimer said families receiving Section 8 assistance are spread out all over
the community. Mr. Diekmann said this property was purchased with Community Development
Block Grant (CDBG) funds to pursue affordable housing. Council Member Corrieri said the
Analysis of Impediments to Fair Housing Choice has shown a need for affordable housing in Ames.
Ms. Baker-Latimer concurred, and noted the challenges of cost and availability in Ames.
Ms. Baker-Latimer said CDA has been hired and the lot layout is complete. She said on July 28 staff
hopes to bring plans and specifications to Council so construction can begin on the north side.
Mayor Haila asked when she estimates they will break ground. Ms. Baker-Latimer said it’s possible
by the end of the year or the first of next year.
Mayor Haila closed public input.
Council Member Gartin asked when the units will shift to market value rental units. Ms. Baker-
Latimer said it depends on the stipulation period. Mr. Diekmann said the rental project is expected
to be affordable housing for 30 years. Mr. Diekmann said staff needs to know if Council wants to
entertain options for standard rental property and lease-to-own property. He said Council can dictate
that appearance from the street be as a smaller scale building.
Council Member Betcher said she believes the benefit to families is important along with the view
from the street.
Council Member Gartin said Council is tasked with the responsibility of providing low-income
housing. Mayor Haila asked if direction is not clarified, would a developer try to fit in as many units
as possible. Mr. Diekmann said developers will ask immediately about the zoning, and in this
instance the property will be rezoned to fit the property type. Mayor Haila asked if it’s possible to
not receive any proposals. Mr. Diekmann said he’s unsure if there’s enough viability for exclusively
rent-to-own units.
Mr. Martin said there’s a lot to like about the lease-to-own idea, and he doesn’t want to take it off
the table. He said he’s not concerned that the buildings on the south side would be in anyone’s sight
line.
Ms. Junck said she’s interested in seeing both options.
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Ms. Beatty-Hansen said she would like to see both options.
Ms. Corrieri said she would like to keep it flexible, though she’s skeptical that developers will come
forward with rent-to-own options.
Ms. Betcher said she would like to look at rental only or a combination of rental and rent-to-own
for the multi-family units. She said the way the property looks is important.
Mayor Haila asked if a two story limitation would allow the density goals. Mr. Diekmann said two
and a half or three story buildings could make it easier to achieve density goals, but he wouldn’t
recommend more than three story buildings. He said it will not be a strict scoring system, rather
more qualitative.
Moved by Gartin, seconded by Betcher, that the draft RFP set a limitation on the buildings to be no
more than three stories. Mr. Diekmann noted Council will be very involved in all aspects of the
buildings.
Vote on Motion: 6-0. Motion declared approved unanimously.
Mr. Gartin asked if the RFP could include an emphasis on aesthetics to ensure the structure is
attractive. Mr. Diekmann concurred, and said more qualitative details can be included.
Moved by Gartin, seconded by Betcher, to direct staff to include aesthetic elements in the RFP. Ms.
Betcher asked if the aesthetics would be compatible with single-family homes. Mr. Gartin said he
is hoping for broad language on landscaping and architectural features.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Martin, seconded by Betcher, to express interest in both lease-to-own options and
exclusively long-term rental options.
Vote on Motion: 6-0. Motion declared carried unanimously.
RESOLUTION APPROVING/MOTION DENYING MANDATING MASKS TO BE WORN
IN CITY BUILDINGS: City Manager Steve Schainker discussed current policy. Council Member
Martin asked if Council proceeds with requiring face coverings in City buildings how that would
work with the shields that have been installed in different areas of City Hall. Ms. Schildroth said
those behind the shield could be required to wear masks at all times, or when assisting customers.
She said the areas most impacted would be Utility Customer Service, Community Center, and the
Library, as those work stations are protected by barriers. She said barriers are available at other
offices as well. Mr. Schainker said if face coverings are required and staff members behind the
barrier are not wearing face coverings, it could create questions.
Ms. Betcher if employees are comfortable as it is or if employees would be more comfortable if
everyone wore masks. Ms. Schildroth said discussions with employees have been going on, and if
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anyone wants to wear face coverings more than what’s required that is allowed. Mr. Schainker said
masks must be worn when social distancing is not possible.
Ms. Beatty-Hansen asked about the process when someone has tested positive for COVID-19. Ms.
Schildroth went through the process. Mayor Haila asked if City facilities are following Centers for
Disease Control and Prevention (CDC) guidelines. Mr. Schainker concurred. Mayor Haila said any
further requirements would go beyond CDC requirements. Mr. Schainker concurred. Mr. Schainker
said masks must be worn in the hallways and in public areas by employees. Member Gartin asked
if it’s possible to make an estimate on the number of people coming into City Hall without a mask.
Mr. Schainker said that’s not possible to estimate, but there has been 100% compliance with either
wearing a mask into City facilities or putting on a mask when asked. Mr. Gartin asked what would
happen if someone came in and said they don’t want to wear a mask. Mr. Schainker said they can’t
be cited or arrested, but they could be asked to leave and if they refuse to leave then the police can
be called to remove the person for trespassing. He said it’s similar to park rules. Mr. Gartin said
there must be an alternative way someone could access City services in if they do not want to wear
a mask.
CyRide Director Barb Neal said they have been “expecting” passengers to wear masks, and they
have enough masks to offer riders. She said the Board is comfortable moving forward with the term
“required” as long as riders don’t have health concerns.
Ms. Betcher asked about ridership. Ms. Neal said at this time of year ridership is usually about 4,000
-5,000 riders per day and right now they are seeing about 1,200 rides per day. She said about 95%
of riders are wearing masks. Ms. Neal said information coming from ISU says masks are required
on CyRide buses. Ms. Neal said ISU has worked collaboratively with CyRide to get the word out
on expecting masks.
Parks and Recreation Director Keith Abraham said customers are being expected to wear masks and
there is varied compliance. He said when customers are participating in activities, less are wearing
masks. He said classes are not being held in the aerobics room, rather the gym so more space is
available between participants. Yoga classes and some youth classes are being held outside and
participants are not wearing masks.
Ms. Betcher asked if the supply of masks will allow the City to continue offering them. Mr.
Schainker concurred, and said when there are enough face shields on hand those will also be made
available.
Assistant City Manager Deb Schildroth said they have access to Cyclones Care templates and the
consistency in messaging has been helpful. Public Relations Officer Susan Gwiasda said there has
been 100% agreement with the four basic pillars of healthy choices, which are depicted in symbols
and easy to understand. She said broad support has been received. She said the City received high
traffic on social media when sharing about Cyclones Care, and the next City Side will feature the
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four pillars of healthy choices. She said ISU has open sourced all of the signage so it will be used
at the mall, in schools, businesses, etc.
Mayor Haila wondered if, when there are barriers present, if employees would need a mask only
when speaking to customers. Ms. Betcher said an email was received about observations on where
masks are being worn in City Hall. Mayor Haila said when social distancing it doesn’t seem
necessary to wear a mask.
Mr. Gartin asked what a bus driver would be required to do if someone takes their mask off. Ms.
Neal said the safety of the driver has to be considered, and it’s not an enforceable requirement. She
said she doesn’t expect drivers to police people if riders take their mask off on the bus.
Moved by Betcher, seconded by Corrieri, to approve Alternative 1, requiring the wearing of face
coverings in all City buildings; allowing staff to determine which Parks and Recreation activities
participants are required to wear face coverings; directing staff to make face coverings available to
customers in City buildings who don’t have one; and requesting that the Transit Board mandate all
riders wear face coverings on CyRide buses.
Mr. Gartin said he will be voting no because he is concerned about enforcement and encouraged by
current compliance. Mr. Martin said he finds it difficult to understand the difference between
expecting masks and requiring masks when there is 100% compliance. He also said the enforcement
requirement doesn’t sound much different when requiring masks, but he realizes the importance of
organizations in Ames sending the same message and will support the motion. Ms. Betcher said her
concern is consistency of messaging. Mayor Haila said staff is being sensitive to wearing masks
when interacting with others.
Vote on Motion: 5-1. Aye: Beatty-Hansen, Betcher, Corrieri, Junck, and Martin. Naye: Gartin.
Mr. Gartin asked Mr. Schainker to notify Council if he becomes aware of any services not available
to those refusing to wear a mask.
DISPOSITIONS OF COMMUNICATIONS TO COUNCIL: Assistant City Manager Brian
Phillips said a packet was recently received with five event applications from Ames Main Street. He
said staff would like to know if they should be evaluated, and if so by what criteria (the May
COVID-19 criteria or the regular criteria).
Moved by Martin, seconded by Betcher, for staff to review the applications and place them on a
Council agenda for Council to review.
Ms. Betcher said she wants Council to have the ability to cancel events if needed. Mr. Phillips asked
if staff should evaluate the events with the COVID-19 criteria or the regular criteria. Mr. Martin said
both sets of criteria would be helpful.
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Vote on Motion: 6-0. Motion declared carried unanimously.
Ms. Schildroth said the year-end report on the contract with United Way of Story County (UWSC)
for capital projects has been received. Mr. Schainker said UWSC is returning about $31,000 of the
funds that were unused. Ms. Schildroth said a portion of those returned funds were used toward a
request by Emergency Residence Project for sheltering.
COUNCIL COMMENTS:
Mr. Gartin said he sent an email to Council about a potential partnership with the schools and Parks
and Recreation to make parks available for learning.
Moved by Gartin, seconded by Beatty-Hansen, for staff to reach out to all schools serving Ames
children to see if they have any interest in using parks for learning.
Vote on Motion: 6-0. Motion declared carried unanimously.
Ms. Betcher said she participated in a webinar briefing for Capitol Hill for the next aid package. She
was happy to highlight the Cyclones Care program.
Mayor Haila said Council directed a letter be sent to the Governor last week regarding cities being
able to mandate mask wearing, and he has not received a response yet. Mr. Schainker said letters
to bar managers were received well, and police officers assured them they will work together. He
said a full report will be provided on Friday.
Mayor Haila said the Chamber of Commerce has an annual fly-in to Washington D.C. in the fall and
this year it will be a virtual meeting during the first week of August to meet with Senator Ernst and
Senator Grassley. He told Council members to email him if they have any concerns they wish to
share.
Mayor Haila said he appreciates Story County Emergency Management staff, and weekly updates
with mayors, public health officials, and communications staff continue. He said there are so many
people committed to working together to slow the spread of the virus.
Mayor Haila said Thursday night will be the last of the NAACP conversations and will feature ISU
President Wendy Wintersteen and him.
ADJOURNMENT: The meeting adjourned at 8:22 p.m.
_________________________________ ____________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
____________________________________
Erin Thompson, Recording Secretary
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MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA JULY 28, 2020
CALL TO ORDER: Mayor John Haila called the Regular Meeting of the Ames City Council,
which was being held electronically, to order at 6:00 p.m. with the following Council members
present: Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and
David Martin. Ex officio Member Nicole Whitlock was also present.
Mayor Haila announced that it is impractical to hold an in-person Council meeting due to the
Governor of Iowa declaring a public health emergency because of the COVID-19 pandemic.
Therefore, this meeting is being held as an electronic meeting as allowed by Section 21.8 of the Iowa
Code. The Mayor then provided how the public could participate in the meeting via internet or by
phone.
RECOGNITION OF UNITARIAN UNIVERSALIST FELLOWSHIP OF AMES AS A
SUNSMART CHAMPION FOR THE CONGREGATION’S EXTRAORDINARY SUPPORT
OF THE SUNSMART COMMUNITY SOLAR PROJECT: Mayor Haila explained that he was
presenting a certificate to the Unitarian Universalist Fellowship of Ames for being the first SunSmart
champion. The Unitarian Universalist was being recognized for its commitment to renewable energy
through the SunSmart Ames community solar project. Mayor Haila stated it was exciting to break
ground on the Solar Farm project last Friday, and the City is expecting to start producing solar
energy by the end of the year. The Unitarian Universalist’s commitment to renewable energy is
evidenced by the congregation’s purchase of enough Power Packs to provide 100% of its electric
usage. In addition to participating in SunSmart Ames, the Unitarian Universalist Fellowship of Ames
had already installed solar panels at its facility in 2010 and was the first customer-owned system
interconnected to the Ames Electric System. By signing the certificate, the Mayor was pleased to
name the Unitarian Universalist Fellowship of Ames as the very first SunSmart champion.
Reverend Kent McKusick stated that he has been serving the Unitarian Universalist Fellowship of
Ames for the past eight years, and it was clear to him that its commitment to sustainable and
renewable energy had taken place well before he arrived. Reverend McKusick commented that when
this project was offered as a possibility, it was rare to see the excitement go through the congregation
as much as it did for this project. He noted that Larry Koehrsen was one of the leaders wanting to
have solar usage. Mr. Koehrsen stated that the Unitarian Universalist Fellowship of Ames is an
organization that has a strong identity with the natural world, and climate change, and wanting to
make a difference. The Solar Farm project was right in the congregation’s wheelhouse that provided
an opportunity to do something more than just talk about climate change. Mr. Koehrsen mentioned
that the congregation set a goal to purchase enough Power Packs to offset the entire electrical energy
use in the building. They were able to get enough pledges to meet and exceed their goal. The
Unitarian Universalist Fellowship of Ames was pleased to be a part of the SunSmart program along
with being present for the groundbreaking of the new Solar Farm.
PROCLAMATION FOR “AMERICAN WIND WEEK,” AUGUST 9 - 15, 2020: Mayor Haila
proclaimed the week of August 9 - 15, 2020, as “American Wind Week.” He encouraged all citizens
to learn more about the benefits of wind energy in the community, celebrate Iowa’s leadership in
renewable energy production, and the City of Ames’ commitment to utilizing wind energy as a part
of its energy portfolio. Mayor Haila stated that Electric Services Director, Don Kom was
unavailable, but the Proclamation would be sent to him.
Mayor Haila stated that he wanted to acknowledge and give his deepest condolences to the family
of Dan Flannery, in the passing of the beloved and skilled Swimming Coach for the Ames High
School. He notede that Mr. Flannery’s death was an incredible loss to the community.
Mayor Haila announced that the Council was working off an Amended Agenda. City staff added a
Resolution approving the amended COVID-19 Leave Policy to the Consent Agenda.
CONSENT AGENDA: Council Member Betcher asked to pull Item No. 11, Resolution approving
allocation of $10,000 from Council Contingency to fund “Cyclones Care,” (a collaborative public
health education campaign) for further discussion.
Moved by Betcher, seconded by Corrieri, to approve the following items on the Consent Agenda.
1.Motion approving payment of claims
2.Motion approving Minutes of Special Meeting of July 9, 2020, and Regular Meeting of July
14, 2020
3.Motion approving certification of Civil Service applicants
4.Motion approving Report of Change Orders for period July 1 - July 15, 2020
5.Motion approving a new 12-month Class C Liquor License with Outdoor Service, and
Sunday Sales - La Casa Maya, 631 Lincoln Way
6.Motion approving renewal of the following Beer Permits, Wine Permits, and Liquor Licenses:
a.Class C Liquor License with Catering, Outdoor Service and Sunday Sales - Cyclone
Experience Network, 1800 S. 4th St - Jack Trice Stadium
b.Class C Liquor License with Sunday Sales - La Fiesta Bar & Grill, 823-Wheeler Street,
Ste 5
c.Class C Liquor License with Class B Wine Permit and Sunday Sales - Hy-Vee Market
Grille, 640 Lincoln Way
d.Class E Liquor License with Class B Wine and Class C Beer (Carryout Beer) -
Fareway Meat Market #189, 3720 Lincoln Way
e.Class C Liquor License with Outdoor Service, Catering Privilege, Class B Native Wine
Permit, Outdoor Service, and Sunday Sales - The Mucky Duck Pub, 3100 S. Duff
Avenue
f.Class C Liquor License with Sunday Sales - El Azteca - 2120 Isaac Newton Drive
g.Class C Liquor License with Sunday Sales - Es Tas Stanton, 216 Stanton Avenue
h.Special Class C Liquor License with Sunday Sales - New Hickory Holding Company,
1404 S. Duff Avenue - pending dram shop
7.RESOLUTION NO. 20-383 approving Quarterly Investment Report for the Period Ending
June 30, 2020
8.RESOLUTION NO. 20-384 approving appointment of Kim Linduska to Civil Service
Commission
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9.RESOLUTION NO. 20-415 approving amended COVID-19 Leave Policy
10.RESOLUTION NO. 20-386 approving Cooperate Agreement between Ames Human
Relations Commission and Iowa Civil Rights Commission regarding Intake and Investigation
of Civil Rights Complaints
11.RESOLUTION NO. 20-387 approving bow hunting within the Park System, on City
property, and at other eligible property as detailed in Urban Deer Management Ordinance and
rules
12.RESOLUTION NO. 20-388 approving GIS Coordinator, Ben McConville’s participation on
the State of Iowa Type III All-Hazards Incident Management Team
13.RESOLUTION NO. 20-389 approving Amendment No. 2 to Professional Services
Agreement with WHKS & Co., of Ames, Iowa, regarding Flood Mitigation - River Flooding
project for an additional amount not to exceed $105,200 (total contract not to exceed
$319,200 or 6% of the project estimated cost)
14.RESOLUTION NO. 20-390 approving Third Amendment to Agreement Between City of
Ames and Habitat for Humanity of Central Iowa, Inc., for Purchase and New Construction
of Property at 3305 Morningside Street
15.RESOLUTION NO. 20-391 approving preliminary plans and specifications for 2020/21 Seal
Coat Street Pavement Improvements - E. 8th Street (Duff Ave - Carroll Ave); setting August
19, 2020, as bid due date and August 25, 2020, as date of public hearing
16.RESOLUTION NO. 20-392 approving preliminary plans and specifications for 2020/21 Seal
Coat Street Pavement Improvements - Franklin Ave (Lincoln Way - Oakland Ave); setting
August 19, 2020, as bid due date and August 25, 2020, as date of public hearing
17.RESOLUTION NO. 20-393 approving preliminary plans and specifications for 2020/21
Right-of-Way Restoration (Standard Vegetation); setting August 19, 2020, as bid due date
and August 25, 2020, as date of public hearing
18.RESOLUTION NO. 20-394 approving preliminary plans and specifications for 2020/21
Right-of-Way Restoration (Native Vegetation); setting August 19, 2020, as bid due date and
August 25, 2020, as date of public hearing
19.RESOLUTION NO. 20-395 approving preliminary plans and specifications for 2018/19
Storm Water Facility Rehabilitation (Little Bluestem); setting August 19, 2020, as bid due
date and August 25, 2020, as date of public hearing
20.RESOLUTION NO. 20-396 approving preliminary plans and specifications for Baker
Subdivision; setting August 19, 2020, as bid due date and August 25, 2020, as date of public
hearing
21.RESOLUTION NO. 20-397 approving preliminary plans and specifications for 2019/20
Traffic Signal Program (Lincoln Way & Beach); setting August 19, 2020, as bid due date and
August 25, 2020, as date of public hearing
22.RESOLUTION NO. 20- 398 approving preliminary plans and specifications for 2020/21
Traffic Signal Program (S. Duff & S. 5th Street); setting August 19, 2020, as bid due date and
August 25, 2020, as date of public hearing
23.RESOLUTION NO. 20-399 approving preliminary plans and specifications for 2019/20
Multi-Modal Roadway Improvements (13th Street & Clark Avenue); setting August 19, 2020,
as bid due date and August 25, 2020, as date of public hearing
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24.RESOLUTION NO. 20-400 approving change to bid due date to August 12, 2020, and
hearing date to August 25, 2020, for Unit 8 Turbine Generator Overhaul
25.RESOLUTION NO. 20-401 awarding Contract to Carrier Access Inc., of Clive, Iowa for
Replacement of the Core Network Switches and Associated Infrastructure in the amount of
$119,070.35 for the Information Technology Division
26.RESOLUTION NO. 20-402 approving contract and bond for CyRide 2020 Interior
Improvements Project
27.Steam Turbine No. 8 Parts Procurement for the Power Plant:
a.RESOLUTION NO. 20-403 approving contract and bond for Steam Turbine No. 8
Parts Procurement for the Power Plant with Argo Turboserve Corporation
b.RESOLUTION NO. 20-404 approving contract and bond for Steam Turbine No. 8
Parts Procurement for the Power Plant with Mechanical Dynamics & Analysis LLC
(MD&A)
c.RESOLUTION NO. 20-405 approving contract and bond for Steam Turbine No. 8
Parts Procurement for the Power Plant with Alin Machining Company, Inc.
d.RESOLUTION NO. 20-406 approving contract for Steam Turbine No. 8 Parts
Procurement for the Power Plant with Action Turbine Repair Services Inc., (ATRS)
28.RESOLUTION NO. 20-407 approving Change Order No. 1 to Peterson Contractors, Inc., of
Reinbeck, Iowa, for the South Grand Avenue - South 5th Street Project in an amount not to
exceed $77,362.49
29.RESOLUTION NO. 20-408 approving Change Order No. 2 to Keller Excavating Inc., of
Boone, Iowa, for the 2018/19 Water System Improvements project (Burnett Avenue and
Murray Drive) in the amount not to exceed $78,589
30.RESOLUTION NO. 20-409 accepting completion of 2017/18 Water System Improvement -
Water Service Transfers (10th and 12th Streets)
31.RESOLUTION NO. 20-410 accepting completion of 2018/19 Asphalt Street Pavement
Improvements (Florida, Reliable, Hutchison, Delaware)
32.RESOLUTION NO. 20-411 approving completion of 2017/18 Shared Use Path System
Expansion (W. Lincoln Way)
Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the
Mayor, and hereby made a portion of these Minutes.
ALLOCATION OF $10,000 FROM COUNCIL CONTINGENCY TO FUND “CYCLONES
CARE,” A COLLABORATIVE PUBLIC HEALTH EDUCATION CAMPAIGN: Council
Member Betcher stated she pulled this item because there have been a couple of very positive
additions to the “Cyclones Care” messaging, and she thought Public Relations Officer Susan
Gwiasda could provide more information.
Ms. Gwiasda explained that the Story County Board of Supervisors had its regular meeting and
decided they wanted to become a part of the campaign as a funding member and approved $3,000
to be put towards the “Cyclones Care” message. In addition, Heartland Senior Services reached out
and wanted to contribute at a lower level to the campaign. Ms. Gwiasda stated that they now have
confirmed support from Iowa State University, the Ames Chamber of Commerce, Story County,
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Heartland Senior Services, Mary Greeley Medical Center, and the League of Women Voters. It was
pointed out that there were many organizations that are agreeing to be part of the communications
plan to push the message out, but do not have the finances right now to contribute to the marketing
campaign. Many organizations are willing to do what they can. Ms. Gwiasda stated it was great to
see the collaborative spirit of the community.
Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 20-385 approving the
allocation of $10,000 from Council Contingency to fund “Cyclones Care,” a collaborative public
health education campaign.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
PUBLIC FORUM: Mayor Haila opened Public Forum. No one requested to speak, so he closed
Public Forum.
MOTION TO DIRECT STAFF TO PROCEED WITH ISSUING A REQUEST FOR
PROPOSALS (RFP) ON 321 STATE STREET FOR MULTI-FAMILY DEVELOPMENT ON
THE SOUTH PARCEL UTILIZING LOW-INCOME HOUSING TAX CREDITS (LIHTC):
Planning and Housing Director Kelly Diekmann explained that a Request for Proposals (RFP) had
been prepared based on the feedback received from last week’s Workshop. The RFP is open to
housing options that have rental components that are consistent with the Low-Income Housing Tax
Credit (LIHTC) Program that is run by the Iowa Finance Authority (IFA). The proposal focuses on
allowing a lease-to-own option or standard rentals. The main preferences that were put into the RFP
were to see smaller scale building types with a restriction of three-stories in height. The scoring
system is going to be a comparison of proposals and will be forwarded to City Council to find the
best project that meets the interest of the City. The number one priority is to find a developer that
is experienced with LIHTC and can put a competitive project together. Director Diekmann noted
that, as a draft RFP, there will be a few small edits by staff to get it finalized by next week.
Council Member Betcher explained that there is a points category for market rate housing to be
included in the project and she wondered if that had to be included in the proposal for the LIHTC
or if the market rate housing is somewhere within the subdivision, and therefore, the LIHTC
application would get points. Mr. Diekmann commented that it was his understanding that it would
need to be on the property of the recipient of the LIHTC application, and under the control of the
developer.
Mayor Haila referred to Attachment D (CDBG Special Terms and Conditions) where it mentioned
that “agencies must be an incorporated non-profit in Iowa by proposal submittal,” and wanted to
know if the developers have to be non-profit or is the non-profit referring to the City. Housing
Coordinator Vanessa Baker-Latimer explained that the agencies claiming to be a non-profit have to
show that they are. She mentioned she will change the wording in that section to be clearer.
Mayor Haila commented that the RFP noted that the developer had to figure out if they have
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adequate storm water capacity in the pond. He thought the pond was designed to handle both
properties across the street and this property. Mayor Haila inquired if the developers would be told
how much storm water capacity they get to use, and if they go over, they have to figure out how
much land to dedicate to a storm water pond on the property. This could reduce the amount of
developable land. Director Diekmann explained that the reason that was put into the RFP was
because staff has a very broad assumption about the development of the entire area for 321 State, but
can’t guarantee what the proposals will be. It was a “catch all” way to make sure to verify that the
project is correct with assumptions.
Mayor Haila also mentioned that the proposal indicates that a geothermal system is going to be put
in, and the developer is expected to connect to it. He wanted to know how this was going to be done.
Director Diekmann stated when speaking with the Electric Services Department, it is the expectation
that the system for the single-family home area could also serve this property. The way it was worded
is the expectation that the developer would connect to the geothermal, but if there was a good reason
why a developer couldn’t connect, they would be expected to extend a natural gas line from the west
side over to the site so heating and cooling could be done under conventional needs. Mayor Haila
pointed out that in the RFP it stated that “the developer is responsible to connect to the district
geothermal heating and cooling system at the north edge of the site along Tripp Street,” and he
wanted to make sure the wording is clear that if the developer didn’t want to connect it would be the
developer’s prerogative. Mr. Diekmann explained that the understanding is that the developers will
connect to the geothermal system. It would cost less for the developer to connect to the geothermal
system. The developer would only need to take the electric to the edge of the street to the area. The
Ames Electric Department will have already covered the capital costs. Ms. Baker-Latimer mentioned
that they could put in additional language to clarify that the City is in the process of having the
geothermal system put in as part of the development on the north and south side. This way the
developers are aware that the City of Ames is installing the system.
Mayor Haila asked if it would be helpful under submittal requirements to add a note to reinforce that
there will be no reimbursement for any expense as part of the RFP response or for final development
plans and permits by the City. He noted that it may be beneficial to state the no reimbursement aspect
in a couple places.
Mayor Haila opened public comment.
Tony Ramey, 425 Hilltop Road, Ames, wanted to comment about the email he sent to the Council
earlier. He noted that he did get a reply from Council Member Martin. Mr. Ramey stated he was
asking to include a proposal that is in line with what the neighborhood would like to see with tri-
plex’s that would be rent to own. Mr. Ramey stated that an additional sentence could be added to 1E;
that mentions lease-to-own housing units. He stated that he sent the email and mentioned it because
of the scoring criteria for LIHTC and thought that in the scoring criteria under 6.1.4 that provides
an opportunity for home ownership would give 25 points. He believed that if a developer would take
into consideration his recommendation, they would get more LIHTC points.
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Moved by Corrieri, seconded by Betcher, to approve Alternative 1. To direct staff to proceed with
issuing a Request for Proposal (RFP) to identify a partner developer to pursue the development of
a multi-family housing component on the south parcel of the Baker Subdivision utilizing Low-
Income Housing Tax Credits (LIHTC).
Vote on Motion: 6-0. Motion declared carried unanimously.
STAFF REPORT ON THE AMES URBAN FRINGE PLAN AMENDMENT AT 23959-580TH
AVENUE (CAREMOLI): Planning and Housing Director Kelly Diekmann stated a similar request
had come before the Council earlier this year from Papa’s Towing Company, but the Council chose
not to proceed with a request due to its timing in relation to the Ames 2040 Plan and an Ames Urban
Fringe Plan (AUFP) Amendment to a different use type. Director Diekmann explained that the site
has a County A-2 zoning, which allows for agricultural business uses along with other agricultural
activities. The property owner doesn’t believe he can tenant the buildings for an agricultural use and
would like to explore other options. The property was then sold, and the current owner, Larson
Leasing, LC, is requesting an amendment to the AUFP in support of a different mix of uses for the
existing buildings that would include office, commercial, and warehouse space. Story County
Planning had determined that a zoning district change would need to occur for the owner’s desired
use of the existing building with a mix of industrial and commercial activities; the preferred County
zoning district would likely be a Commercial/Light Industrial. Mr. Diekmann explained that per the
Ames Urban Fringe Plan, a rezoning of the site is not permissible under the current Industrial
Reserve Designation.
Director Diekmann commented that there were two options to move forward. The first option would
be to allow the applicant’s needs to be met by allowing for a change in the AUFP that would also
allow Story County to rezone the site to Commercial/Light Industrial, and the property would stay
within the County for its review and development. The other option is to change the designation to
allow for the property to be annexed. Even though the property doesn’t touch the City of Ames at
this point, there are two intervening properties that the City already has consent to annex. The City
could combine those two properties along with this property for a voluntary annexation. The primary
difference would be the review territory would be within the City and a zoning district would need
to be applied to the property. Director Diekmann mentioned that the new zoning district would be
something that staff would be working on this winter as the utility project moves forward. It was
pointed out that if the property is allowed to proceed through Story County’s process, the City would
require that the property would be annexed sometime in the future. He noted that the Iowa DOT
planned to construct a new interchange in the vicinity of this site that will create a primary entrance
from Highway 30 to the City’s planned Prairie View Industrial Park location. This location is viewed
as a critical entry into the City’s planned industrial expansion area. Mr. Diekmann mentioned that,
if the property was annexed into the City, water and sewer service would not be available for a long
time, but the site is already developed and could continue to operate under its current utility system.
Director Diekmann displayed a location map and explained that no new buildings are being proposed
on the site.
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Council Member Gartin asked for Mr. Diekmann to point out which properties have consented to
be annexed into the City. Mayor Haila asked if there were any requirements from the State in order
to annex land to avoid jagged borders. Director Diekmann stated that when it is a voluntary
annexation the State doesn’t question it, but the State will question the boundaries when doing an
80/20 annexation.
Council Member Gartin asked if there were any properties that should be brought in as an 80/20
annexation. Director Diekmann explained that the didn’t really look at the annexation choices once
staff saw that annexation was possible. It was pointed out that there were about three to four
properties on 580th that were rural development and would probably not be interested in coming into
the City since there currently is not any access to utilities. Mr. Diekmann commented that he can
look into the 80/20 annexation during the annexation process. Mr. Gartin noted that the City could
reach out later to the properties to see if they would want to be annexed.
Council Member Betcher questioned if the Council went with Option 2, and developed the new
industrial zone, what would the staff hours be and if the Work Plan needed to be re-prioritized.
Director Diekmann explained that it would not affect the current Work Plan.
Mayor Haila inquired if the new interchange would have Highway 30 elevated and then have 580th
go underneath an overpass. Mr. Diekmann mentioned that he is not that familiar with the Iowa
DOT’s plan.
Mayor Haila wanted to know if Mr. Diekmann was familiar with Story County’s Commercial/Light
Industrial Zoning and if Mr. Diekmann had any concerns about something being put in that was
incompatible with the City’s vision. Director Diekmann stated that will be something for staff to
look into further during the application process. Mr. Diekmann noted he would be concerned about
Story County’s Conditional Use Permits, which allow racetracks and commercial campgrounds, but
overall Story County’s Commercial/Light Industrial Zoning is in-line with the City’s zoning
standards.
Mayor Haila asked when the Council gives staff direction, would it allow the application to move
forward only. Director Diekmann stated that would be correct, and if the Council approved the
application, the applicant would need to go to Story County to have the Board of Supervisors
approve the application, and then the applicant would file a Fringe Plan Amendment with the City
of Ames to kick off the review process and the public notice process.
Mayor Haila opened public input and closed it when no one came forward to speak.
Council Member Gartin mentioned that, in the long term, this property would be one that the Council
would want under City control. He noted that Option 2 would be the best option, and he would be
interested to hear what annexation options there would be. Mr. Gartin explained that this area is
important, and the annexation needs to be done correctly.
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Moved by Gartin, seconded by Beatty-Hansen, to approve Option 2, to allow the applicant to move
forward with an application to amend the AUFP from Industrial Reserve to Planned Industrial (PI)
and allow a concurrent voluntary annexation application.
Council Member Betcher asked if the property owner, Mr. Larson, had a preference to any of the
options listed in the Staff Report. Mr. Diekmann stated that Option 1 would be the easiest, but Mr.
Larson said he would be fine with Option 1 or Option 2. Director Diekmann noted that with the
annexation, whether in Option 1 or 2, the timing can be controlled by the City either by a certain
timeframe, by the City’s request, or by a trigger in the covenant that states prior to any new buildings
being added.
Council Member Martin stated he is not sure why the City would want to move quickly with the
annexation rather than hold that option in reserve until the time is right. He was hesitant about
Option 2 versus Option 1, and asked if there was a good reason to move forward immediately.
Council Member Betcher explained that she is considering Option 2 due to the fact that it has the
option of expanding the annexation area. Council Member Martin mentioned that he is
understanding that Option 1 would add this property to the list of future annexation agreements that
could be done when the time was right, where Option 2 would do everything all at once. Director
Diekmann stated that was how staff was trying to make the two distinct. Mayor Haila noted that if
the property is required to be annexed, the properties will need to be brought up to the City’s
Building Code requirements. It was noted that if any of the buildings were to be a business, they
would have to bring the building up to Fire Code and add sprinklers; which will be hard to do with
rural water. Mayor Haila just wanted to make the Council aware of what could factor into the project
down the road for the property owner. Mr. Diekmann stated he knows the property owner has not
thought of all that yet as there is still a lot to be learned. Council Member Betcher stated that is
sounds like it would be more beneficial for the applicant to go with Option 1. It was noted that
Option 1 would definitely be easier for the applicant. Director Diekmann noted that if there was a
consensus for moving to the Planned Industrial (PI), staff can work on the annexation component
concurrently with the PI designation. The Council is not approving the PI change tonight; staff would
have to draft an annexation agreement and that is something that could be worked on.
Council Member Gartin stated that one of the big things for him is he doesn’t want this property to
be developed under the County regulations; the property should be developed to the City’s standards.
He noted this is a critical property even though there is not a lot there, but the addition of the corridor
will make the area very beneficial to the community.
Mayor Haila inquired about the buildings that were already on the property and if they were going
to be doing anything to the outside of the building or just getting renters into the building. Mr.
Diekmann commented that some of the outside facade may change to add doors, but the vacant land
in the back would not get touched.
Council Member Martin appreciated Mr. Gartin’s point about wanting to share the rights of the
development standard going forward, but he liked the idea of achieving this through covenants. He
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wondered if there is consensus to move to Planned Industrial and approve Option 2. He asked if Mr.
Diekmann would be able to come back to the Council and explain that maybe the best thing to do
is not to do the annexation immediately due to some other factor. Mr. Martin explained he didn’t
want to make a decision that will lock the Council into something that can’t be changed. Director
Diekmann mentioned that there is still a lot to be learned about the annexation regarding timing for
the City and for the applicant. Mr. Diekmann stated if the Council chose Option 2, the annexation
would be done as soon as possible, but they would work through it while doing the Ames Urban
Fringe Plan. He noted all the Council would be doing is telling the applicant how to apply.
Vote on Motion: 6-0. Motion declared carried unanimously.
STAFF REPORT REGARDING DOWNTOWN PAVER REPLACEMENT PROJECT:
Assistant City Manager Brian Phillips stated that Justin Clausen, Public Works Operations Manager,
and Angie DeWaard, Public Arts Commission, are on the line as well to answer any questions. Mr.
Phillips mentioned there are three questions that staff would like to get direction on from the City
Council before moving forward with finalizing the plans and specifications for the project. He noted
that two of the questions are straightforward after having discussions with Ames Main Street and
that would be regarding the color and patterns of the pavers. In communication with Ames Main
Street they are comfortable with staff’s recommendations. Mr. Phillips stated that in order to
replicate the current pattern, it may increase the cost of the project, but staff believes they can specify
the curved pattern as well as right angle pattern and see what bids come in.
Mr. Phillips stated the big discussion is the wall and artwork at Tom Evans Plaza. Ames Main Street
and the Public Art Commission (PAC) had a discussion with the artist and investigated options
pertaining to the wall. It may be possible to renovate the wall at a cost a little higher than $16,000,
but it was the desire of Ames Main Street and PAC to decommission the wall and have it removed
as part of the paver project. He noted that they need Council’s opinion about the wall in order to
finalize the plans and specifications.
Mayor Haila inquired as to why people would want the wall removed. Mr. Phillips explained that
the communication from Ames Main Street indicated that the wall was in disrepair; many of the tiles
are coming off the wall or are cracked. It would be difficult to match the colors of the existing tiles
if they were to repair the wall. Assistant Manager Phillips explained that the comments from Ames
Main Street were that the removal of the wall would open the space in Tom Evans Plaza for people
to be able to see into the Plaza. Both Ames Main Street and the Public Art Commission recognize
the opportunity for future artwork to be placed in the area. It was also unclear at the time PAC met
how much it would cost to rehabilitate the wall, and the expectation was that it was going to be very
expensive. PAC felt that given all the circumstances, it would be best to decommission the wall.
Mayor Haila inquired if the $16,000 would replace all the tiles or just some of them. Mr. Phillips
noted that amount would be to just replace the damaged tiles. Mayor Haila commented that the
colors may not match and look patchy.
Council Member Betcher commented that if the wall was to be taken down the City would lose the
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electricity that is currently hidden within if the wall. The electric service being removed may be an
issue for the Ames Farmers Market and other events Downtown. The Staff Report also mentioned
the installation of expensive bollards or planters in the area. She wondered if the wall were to be
taken down if it would be a permanent solution or would the area be considered to have temporary
planters with some sort of electricity available. Mr. Phillips explained that if the wall were removed,
they would need to spend at least $500 to abandon the existing electrical back to a junction box. If
electrical outlets are desired, then they would need to spend an additional $2,000 to reconnect the
service and put in a new box. Assistant City Manager Phillips commented that would be a question
for the Council to decide if they would like to have electrical service available or not. Council
Member Betcher asked if the Council wanted to put in new electrical would it need to be done when
putting the pavers in or could it be done later. Justin Clausen explained it would be preferable to put
in the electricity before the pavers go in. They would run conduit from the existing junction box to
another island that is close to where the outlets are currently. The electricity could be put in later, but
they would have to remove the pavers, and this could damage some of them; they would need to
replace them if that were to happen.
Mr. Phillips noted that the bollards were recommended by staff in order to separate the driving area
and the pedestrian area. There are some options regarding the bollards. Each bollard costs around
$1,000 and 11 bollards would need to be purchased. If cost was an issue, there are alternatives that
could be done instead of the bollards. Mayor Haila wanted to know if the quote for the bollards was
current as the ornamental bollards can be very expensive. Mr. Clausen explained that he had reached
out to the supplier that originally supplied Ames Main Street with the current bollards and the quote
is current. Council Member Betcher explained that the current bollards are looking rusty and Ames
Main Street is not happy with what has happened to the bollards. Mr. Clausen explained that what
is happening to the current bollards has to do with the age of the bollards and painting. The newer
bollards are being done by powder-coating, which helps maintain the color for a longer period. Ms.
Betcher asked, if they decided to take down the wall down, would the Council be locking themselves
into something that Ames Main Street is not going to like. She noted she had a conversation with
John Hall, Senior Director of Business Development with Ames Main Street, about different ideas
for Ames Main Street. Mr. Phillips noted that there have not been any further conversations outside
of the paver project with Ames Main Street.
Council Member Beatty-Hansen inquired if the $16,000 cost to repair the wall was known to the
Public Art Commission before they made their decision to recommend decommissioning it. She
inquired if PAC had known about the cost of removing and replacing the wall, would its decision
have been different. Mr. Phillips explained that PAC held their meeting knowing that the cost of the
repair was going to be very high, but the exact amount was not known. The Council could ask PAC
to review the request again with the cost amount added, but there would be some timing issues as
they would like to start replacing the pavers this fall. Angie DeWaard, Public Arts Commission
member, stated that there is a lot of maintenance that would be necessary, which was mentioned
when the wall was first put up, and that had either been lost in time or just had not been doing the
maintenance. She wanted to point out that if the wall was repaired, there would be ongoing
maintenance issues going forward. Ms. DeWaard commented that when she was speaking with
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Ames Main Street, it felt that they did not like the wall regardless if it would be repaired or not.
Mayor Haila noted that with the ceramic tiles there would be a lot of maintenance especially with
Iowa’s colder winters. Council Member Beatty-Hansen asked if the artist had expressed his desire
to have the wall decommissioned as well. Ms. DeWaard stated that the artist did have a conversation
with Elizabeth Erbes, Ames Main Street, and after speaking with Ms. Erbes, the artist did comment
that if the were to be removed it would open the area.
Mayor Haila stated that in the Staff Report it mentions that a curb would need to be installed to
transition the existing street down to the paver elevation. He wanted to know if there were any safety
concerns. Mr. Clausen stated that since there is a curb on the street side that is six inches higher than
where the pavers sit, there needs to be a way to transition it down. His concern is to maintain ADA
slopes as there are two crosswalks on either side of the wall. Any bollards would need to be placed
in between the curb area. This would allow the City to have a more level Plaza area. They did not
go into a detailed design, but something is needing to be done to help with the elevation.
Council Member Gartin mentioned that when RAGBRAI was held in Ames there were different
concert venues along Main Street. He wondered if it would be wise to think about the level of
electric service to make sure there are options to have concerts. Mr. Clausen explained that he did
work with the Electric Department to get a rough idea about costs, but did not get into an in-depth
conversation about different options.
Mayor Haila opened public comment. He closed public comment when no one asked to speak.
Moved by Gartin, seconded by Betcher, to deaccession “The Vanishing Rail Yard.”
Roll Call Vote: 6-0. Motion declared carried unanimously.
Mr. Phillips stated that the Council would need to discuss what they would recommend for the
electrical outlets, and once they have the final cost, they would take the final costs out of the paver
replacement project. If the costs exceed what had been budgeted for the first phase they could take
funds from future phases and then maybe allocate funds in future years. Mayor Haila inquired about
the other components that need to be added to the project. Mr. Phillips explained that all the other
components have to take place if the wall is removed, but the electric outlets are where there is some
discretion. Mayor Haila clarified that by the approval of the Council, to demolish the wall, they have
committed to $20,000 cost for the project, and the question is if an additional $3,000 would need to
be spent on electrical service.
Moved by Betcher, seconded by Junck, to reinstall the electrical outlets and to explore expanding
the electrical service at the location.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Staff has prepared plans and specifications with two bid alternates: a straight paver pattern and a
curving line paver pattern with the third accent color (replicating the existing pattern).
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Moved by Betcher, seconded by Martin, to approve the colors as proposed in the Staff Report, which
are Cabernet Red, Onyx Black, and Mineral Ice.
Council Member Martin asked to verify that all the pavers are going to be replaced and not just a few
here and there. Mr. Clausen stated that was correct; all pavers will be replaced from Clark Avenue
to Burnett Avenue during the first phase and will continue with future phases all the way to Duff
Avenue.
Council Member Gartin stated he is less concerned about the color and more about the durability of
the pavers. Mr. Clausen stated they are expecting top-notch pavers due to multiple reasons. One
would be durability because of what is being experienced on the west end. There are some high-
grade chlorides that are being used for de-icing material. Mr. Clausen is talking to individual
businesses to make sure staff understands access issues and to educate the business owners as to
what is being used on the pavers. He noted that a lot of the pavers are being eaten away on the
bottom side due to drainage issues. There are weep holes that drain the water, snow, ice, and salt
away, and those have gotten plugged over time. Part of the project will be to clean out the weep holes
and have better draining and to educate businesses about salting the ground in the winter.
Vote on Motion: 6-0. Motion declared carried unanimously.
MOTION SUPPORTING JOINT PROJECT WITH IOWA STATE UNIVERSITY FOR
IMPROVING PUBLIC ENGAGEMENT WITH COMMUNITY RESIDENTS: City Manager
Steve Schainker stated that one of the City Council’s goals is to “Use the best communication
engagement techniques and modern technologies to engage the community by reaching people in
geographic areas using multiple channels.” Mr. Schainker explained that due to COVID-19 they have
fallen behind on keeping up with the Council’s goals. He mentioned that Ms. Betcher had introduced
him to some faculty members at Iowa State University with the Department of Community and
Regional Planning and the College of Design. It was determined that a class could be designed to
take the lead on the analysis as early as the fall semester, and depending on the status of COVID-19,
a second class could be added in the spring semester.
The benefits of working with an ISU class for the task is three-fold. First, it frees up City staff to
work on other goals of the City Council that have been delayed due to the pandemic. Second, it
assists ISU in providing students with a real-world project on which to work. Third, there are
minimal out-of-pocket costs associated with working with the students as opposed to a very costly
consulting contract with a private entity.
A Request for Assistance (RFA) was put together to help ISU with their syllabus and the City to help
outline the expectations for the class and also for the Council Members to know what will be
happening. The students are to identify techniques that could be used to assure that impacted
residents in the community and residents who are not currently engaged in the decision-making
process. They will be given the opportunity to provide input and feel they have been heard, not
necessarily agreed with, before the Mayor and City Council make a final policy decision or initiate
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a project that affects residents.
Integral to the success of this project would be identifying the individual groups (e.g., retirees, racial
or ethnic groups, international families, university students, low-and-moderate-income residents,
etc.) that exist within the larger community and recommending which of the techniques for City-
Initiated Engagement and Resident-Inspired Engagement would be the most appropriate and which
engagement techniques are most appropriate for what categories of issues.
Mr. Schainker explained that he normally wouldn’t bring this item to the Council for approval, but
due to the Council’s goal, he wants to make sure the Council’s needs are met. There is also a small
budget amount requested. The project would be accomplished in two phases over the fall semester
in 2020 and the spring semester in 2021. The COVID-19 pandemic makes these plans, and
especially, Phase 2, necessarily tentative.
Moved by Beatty-Hansen, seconded by Junck, to approve the project reflected in the attached RFA,
along with the minimal budget request.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING MUNICIPAL CODE SECTION 17.33 PERTAINING TO
SELLING, GIVING, OR SUPPLYING TOBACCO, TOBACCO PRODUCTS, OR
CIGARETTES TO PERSONS UNDER 18 YEARS OF AGE: The Mayor opened public
comment. There was no one wishing to speak.
Moved by Beatty-Hansen, seconded by Betcher, to pass on first reading an ordinance revising
Municipal Code Section 17.33 pertaining to selling, giving, or supplying tobacco, tobacco products,
or cigarettes to persons under 18 years of age.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE VACATING A PORTION OF CITY RIGHT-OF-WAY ADJACENT TO THE
SOUTH EDGE OF 2400 SE 16TH STREET: Moved by Corrieri, seconded by Betcher, to pass on
third reading and adopt ORDINANCE NO. 4417 vacating a portion of City right-of-way adjacent
to the south edge of 2400 SE 16th Street.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REVISING THE PARKING REGULATIONS ON WESTBROOK DRIVE:
Moved by Betcher, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE
NO. 4418 revising the parking regulations on Westbrook Drive.
Roll Call Vote: 6-0. Motion declared carried unanimously.
HEARING ON PROPOSED CONVEYANCE OF A PORTION OF VACATED CITY
RIGHT-OF-WAY ADJACENT TO THE SOUTH EDGE OF 2400 SE 16TH STREET: Mayor
Haila opened the public hearing and requested to have the hearing continued to August 11, 2020.
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Moved by Betcher, seconded by Junck, to continue the hearing on August 11, 2020, the conveyance
of a portion of vacated City right-of-way adjacent to the south edge of 2400 SE 16th Street.
Vote on Motion: 6-0. Motion declared carried unanimously.
H E ARI NG ON EMMA MCCARTHY LEE PARK PED E ST RIAN B RIDGE
REHABILITATION: Council Member Martin stated that this bridge washed out in 2018. It has
taken a long time to get the bridge repaired, and he wanted to know if the Council could have done
anything to speed up the process to get the bridge repaired earlier. City Manager Steve Schainker
stated there was nothing the Council could have done as they were trying to get federal funding based
on the flood. The City was trying to get $100,000 in federal funding for the project, but only got
$29,000. Mr. Schainker mentioned, in retrospect, if they had known there were going to only get
$29,000, they may have moved forward with the project without the federal funding. It was noted
that once the money was received, they had to go through the approval of the DNR permits etc.
Council Member Martin suggested that if a situation like this comes up again, maybe the Council
could decide to not wait on the funding. City Manager Schainker stated he would caution the Council
in taking that approach, but it would depend on how big the project is.
Council Member Gartin commented that he didn’t appreciate how heavily this bridge was utilized,
and what a connecting mechanism this is for many neighborhoods. He explained that the Council
received a lot of feedback, and he is excited to get the bridge put back into place.
Council Member Martin mentioned he believes the bridge is a huge boost to the quality of life for
the citizens of Ames.
The public hearing was opened by the Mayor. He closed the hearing after no one asked to speak.
Moved by Junck, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 20-412 approving the
final plans and specifications and awarding a contract to Henkel Construction Co., of Ames, Iowa,
in the amount of $179,272.75.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes
HEARING ON 2019/20 CLEAR WATER DIVERSION: The Mayor opened the public hearing
and closed it after there was no one wishing to speak.
Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 20-413 approving the final
plans and specifications and awarding a contract to Keller Excavating Inc., of Boone, Iowa, in the
amount of $102,240.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes
HEARING ON 2020/21 US HIGHWAY 69 IMPROVEMENTS (SOUTH DUFF AVENUE
AND US HIGHWAY 30 EASTBOUND OFF-RAMP):Mayor Haila opened the public hearing and
15
closed it when no one came forward.
Moved by Gartin, seconded by Betcher, to adopt RESOLUTION NO. 20-414 approving the final
plans and specifications and awarding a contract to Con-Struct, Inc., of Ames, Iowa, in the amount
of $1,019,942.60.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
HEARING ON UNIT 8 CRANE RENOVATION: Mayor Haila stated that it was his
understanding from staff that more time was needed to review the bids.
The public hearing was opened by the Mayor. He asked for a motion to continue the hearing on the
Unit 8 Crane Renovation until August 11, 2020.
Moved by Martin, seconded by Junck, to accept the report of bids only.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Martin, seconded by Betcher, to continue the hearing to August 11, 2020, on the Unit 8
Crane Renovation.
Vote on Motion: 6-0. Motion declared carried unanimously.
DISPOSITION OF COMMUNICATION TO COUNCIL: Mayor Haila indicated there were six
items to be addressed. The first item was an email from Dan Craig regarding charges incurred due
to a broken water meter. City Manager Steve Schainker suggested the Council ask for a memo from
staff on the issue.
Moved by Gartin, seconded by Betcher, to request a memo from staff for more information on the
email from Dan Craig regarding the charges he incurred due to a broken water meter.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mayor Haila explained that Item 2 is a letter he received from Luis Rodriguez, Director, Engineering
and Modeling Division, Federal Insurance and Mitigation Administration/FEMA, about the modified
Flood Insurance Rate Map (FIRM) and Flood Insurance Study (FIS) report. He noted he routinely
gets these letters, and he was passing it on for information purposes only.
The third item was an email from Hector Arbuckle requesting to have a study done to determine if
there are plots of public land suitable for “food forests.”
Moved by Beatty-Hansen, seconded Betcher, to delegate the request to staff to bring back when they
have the community garden discussion.
Council Member Gartin commented that one concern for staff would be the maintenance of a “food
forest;” there is a lot more commitment required. It would be valuable if there was a group that
16
would be a partner with the City to assist with some of the maintenance.
Vote on Motion, 6-0. Motion declared carried unanimously.
Item 4 was a request from Lisa Hovis, Ames Historic Preservation Commission, requesting $2,600
for two new designed signs in Downtown Ames. The intent of the new signage is to promote the
history and evolution of the Downtown architecture.
Council Member Betcher stated that she is in favor of the request, but not sure what the motion needs
to be. She asked if they need to allocate funds from Council Contingency or asking Mr. Schainker
to identify funds. Mayor Haila mentioned it would also be a policy discussion: Would Council want
to accept requests during the year for items as this or should they be deferred to the normal budget
cycle. Council Member Martin explained he would prefer to stack requests like this one against other
interested Commissions etc., that could also use funds for projects. City Manager Schainker
explained that the first decision the Council would need to make is whether to allocate the funds now
or wait until the normal budget cycle. Mayor Haila noted if the Council were to approve funds
tonight for the Historic Preservation Commissions it would be setting a precedent for other
Commission to come forward. It was noted that everyone liked the idea of the project, but preferred
to have the Commission wait to submit its request during the normal budget cycle.
Moved by Martin, seconded by Junck, to ask the Historic Preservation Commission to bring its
request back at the appropriate time, which would b e during the Town Budget Meeting.
Council Member Martin withdrew his motion.
Moved by Martin, seconded by Junck, to encourage the Historic Preservation Commission and like
entities to bring budget requests along these lines to the Council during the Town Budget Meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
Mr. Schainker explained that Item 5 was a memo outlining the process that was used with bar
owners to ensure their compliance with social distancing and other public health measures
established by the Governor’s Proclamation. He noted he was little distressed to read the article in
the Ames Tribune today about social distancing in bars. Council Member Beatty-Hansen inquired
if the letter was sent to bars only or all liquor license holders. City Attorney Lambert stated that any
restaurant that included food was sent the letter, except for grocery stores. Council Member Beatty-
Hansen commented that she was surprised about the article in the Tribune stating there is nothing
they can do and wondered if the article was before the letter was sent out. Mr. Schainker stated no
follow-up was needed as it was information only.
Mayor Haila mentioned that the last item was a letter from Chad Schneider, Attorney with Hastings,
Gartin, & Boettger, LLP, requesting to change the zoning of the property located at 27107 Timber
Road, Kelley, Iowa. City Manager Schainker recommended the Council request a memo from staff
to clarify the issue.
17
Moved by Betcher, seconded by Martin, to get a memo from staff to clarify the issue for the Council.
Vote on Motion: 5-0-1. Voting Aye: Betcher, Beatty-Hansen, Corrieri, Junck, Martin. Voting Nay.
None. Abstaining due to conflict of interest: Gartin. Motion declared carried.
COUNCIL COMMENTS: Moved by Betcher, seconded by Beatty-Hansen, to ask the Mayor to re-
engage with Leon Andrews with the National League of Cities, Base Equity and Leadership Team,
as soon as possible, to begin discussions about assisting the City in determining what can be done
to improve the diversity, equity, and inclusion efforts in regard to policies.
Council Member Martin asked if any contact had been made with Mr. Andrews within the past year.
Mayor Haila mentioned that he had met with Mr. Andrews in February 2020, and he did contact Mr.
Andrews about a month ago. Mayor Haila explained that he had indicated to Mr. Andrews that the
City would be back in contact later in the summer.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Betcher stated she is honored to be a representing the NAACP as one of their
representatives at the National Conference. She is looking forward to seeing how the organization
operates at the National level. Ms. Betcher let the Council know if any of them were interested in
participating in Leon Andrews training sessions for the International Town & Gown Association in
September, they should let her know so they can be part of the team cost. Ms. Betcher commented
that she had already signed up as an individual and anyone else that signs up can do the two-day
training for only $50.00.
ADJOURNMENT: Moved by Betcher to adjourn the meeting at 8:11 p.m.
______________________________________________________________________
Amy L. Colwell, Deputy City Clerk John A. Haila, Mayor
__________________________________
Diane R. Voss, City Clerk
18
MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL
AMES, IOWA AUGUST 12,
2020
The Special Meeting of the Ames City Council was called to order by Mayor Pro-Tem Amber Corrieri
at 4:03 p.m. on the 12th day of August, 2020. Ms. Corrieri announced that due to the Governor of Iowa
declaring a public health emergency because of the COVID-19 pandemic, City Council meetings are
being held electronically, as allowed by Section 21.8 of the Iowa Code. She explained how the public
could participate in the meeting via internet or by phone. City Council members joining the meeting
electronically were Gloria Betcher, Tim Gartin, Rachel Junck, and David Martin. Council Member
Beatty-Hansen and ex officio Member Nicole Whitlock were absent.
CONSENT AGENDA: Moved by Martin, seconded by Betcher, to approve the following items on the
Consent Agenda:
1. RESOLUTION NO. 20-416 approving Official Statement for General Obligation Corporate
Purpose Bonds, Series 2020A, setting the date of sale for August 25, 2020, and authorizing
electronic bidding for the sale
2. RESOLUTION NO. 20-417 approving the bid due date change for Unit 8 Precipitator Roof
Replacement and setting August 19, 2020, as the new bid due date
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made
a portion of these Minutes.
PUBLIC FORUM: Mayor Pro-Tem Corrieri opened Public Forum. No one asked to speak, and
Public Forum was closed.
DISPOSITION OF COMMUNICATIONS TO COUNCIL: Moved by Martin, seconded by
Betcher, to move pending dispositions, if any, to the next Regular Meeting scheduled for August 18,
2020.
Vote on Motion: 5-0. Motion declared carried unanimously.
COUNCIL COMMENTS: Council Member Betcher thanked all City staff who are working hard to
restore power to the community after yesterday’s derecho. She commented that she couldn’t be prouder
of the City of Ames. Mayor Pro-Tem Corrieri echoed Ms. Betcher’s comments and stated that they had
done an amazing job.
ADJOURNMENT: Moved by Gartin to adjourn the meeting at 4:08 p.m.
____________________________________ ____________________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
REPORT OF
CONTRACT CHANGE ORDERS
General Description Change Original Contract Total of Prior Amount this Change Contact
Electric
Services Territory Issue at Law
Program Service Transfer
(10th & 12th Street, Gray
Excavating Inc.
Program Service Transfer
(10th & 12th Street, Gray
Excavating Inc.
Pavement Improvements
(Reliable, Florida,
Industrial Area Utility
Extension Project
Period:
August 18, 2020
Item No. 4
Smart Choice
515.239.5133 non-emergency
Administration
fax
To: Mayor John Haila and Ames City Council Members
From: Lieutenant Tom Shelton, Ames Police Department
Date: July 17, 2020
Subject: Beer Permits & Liquor License Renewal Reference City Council Agenda
The Council agenda for August 18, 2020 includes beer permits and liquor
license renewals for:
•Class C Beer Permit with Class B Wine Permit and Sunday Sales - Hy-Vee Gas
#5013, 4018 West Lincoln Way
•Class C Liquor License with Sunday Sales - Inside Golf, 2801 Grand Avenue
#1075
•Class C Liquor License with Catering Privilege, Outdoor Service, and Sunday
Sales - Iowa State Center, CY Stephens, CY Stephens - Iowa State University
•Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carryout
Beer), and Sunday Sales - KWIK Stop Liquor & Groceries, 125 6th Street
•Class E Liquor License with Class B Wine Permit, Class C Beer Permit (Carry-
out Beer), and Sunday Sales - Kum & Go #1215, 456 Lincoln Way
Thank you,
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. 5
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ITEM # 6
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: REVISED AMES MAIN STREET REQUESTS FOR ART WALK
BACKGROUND:
On January 14, 2020, the City Council approved requests from Ames Main Street
(AMS) to host its annual Art Walk. Art Walk showcases downtown businesses and
community artists. The event was originally scheduled to take place on June 4, but did
not take place at that time due to the COVID-19 pandemic.
AMS has rescheduled the event for October 8, 2020, from 5:00 p.m. to 8:00 p.m. In
order to facilitate this event, AMS has requested approval for the following:
•Blanket Temporary Obstruction Permit for the Central Business District from 1:00
p.m. to 9:00 p.m.
•Blanket Vending License for the Central Business District from 3:00 p.m. to 8:30
p.m. and waiver of fee ($50 loss to City Clerk’s Office)
•Closure of 10 metered parking spaces in the Central Business District
•Use of City electrical outlets and waiver of fees
•Closure of Kellogg, from Main Street to Fifth Street from 3:00 p.m. to 8:30 p.m.
Although the original plan for Art Walk included a request to waive parking meter fees
and enforcement in the entire Downtown, that aspect of the event is not being request
by AMS for this revised Art Walk. The limited meter closures indicated above are still
being requested by AMS. The cost to close these ten parking meters results in an
estimated loss of $2.50 to the Parking Fund.
In February 2020, the City Council adopted a new policy regarding metered parking
waivers:
Metered parking fees will not be waived for special events. Any event
organizers intending to provide free parking or to close metered
parking spaces must reimburse the City’s Parking Fund for the lost
revenue. The City Council may consider waivers to this policy on a
case-by-case basis for parking spaces that are obstructed by the
event area (not for area-wide free parking).
For FY 2020/21, the City Council allocated $5,496 in the Local Option Sales Tax Fund
to reimburse the Parking Fund for Downtown special events where free parking or
parking closures are to take place. Therefore, for this event, the City Council is
requested to authorize a transfer of $2.50 from the Local Option Sales Tax Fund to the
Parking Fund.
2
In May 2020, the City Council directed staff to evaluate special events against a set of
COVID-19 precautions to determine whether it was appropriate for the event to take
place. The evaluation is as follows:
Is the event allowed under the Governor’s emergency proclamations?
Section Three of the Governor’s proclamation issued July 24 (expiring at 11:59 p.m.
August 23) indicates that a social or community gathering of more than ten people may
be held, but only if the gathering organizer ensures six feet of physical distance
between each group or individual attending alone and the gathering organizer
implements reasonable measures under the circumstances of each gathering to ensure
social distancing, increased hygiene practices, and other public health measures.
How many attendees are expected, and how densely crowded are they?
Organizers expect fewer vendors and participants compared to previous iterations of Art
Walk. The estimates for a typical year range from 300-800 participants.
Do event organizers have a plan and equipment/supplies needed for increased
hygiene?
Organizers have indicated that each business participating will be encouraged to
require masks and provide hand sanitizer. AMS representatives indicated that they
are willing to explore requiring participating businesses to require masks for
patrons if the City desired.
Is there sufficient staffing by event organizers to maintain social distancing
among participants?
Participating stores will be relied upon to enforce social distancing inside their own
premises. AMS staff will be available to assist with any concerns should they arise.
Is there an increased risk that the event will require City staff to be in close
contact with participants or organizers for an extended period of time?
City staff expects to have no involvement in the event.
3
ALTERNATIVES:
1. Approve the requests from AMS for Art Walk on October 8, 2020, including the
waiver of fees and the transfer of $2.50 from the Local Option Sales Tax Fund to
the Parking Fund to reimburse lost parking meter revenue.
2. Approve the requests as described in Alternative #1, but require AMS to enforce
the use of masks as a condition of event participation.
3. Deny the requests.
CITY MANAGER'S RECOMMENDED ACTION:
Art Walk is a popular annual event that adds vitality to the Downtown. The event
organizers have experience in hosting this and many other similar events throughout
the year. Organizers have prepared plans for ensuring the event complies with COVID-
19 protocols, and expect smaller attendance numbers than in previous years.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
1
ITEM # 7
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SEPTEMBER
SIDEWALK SALES
BACKGROUND:
On January 14, 2020, the City Council approved requests from Ames Main Street
(AMS) to host its annual Summer Sidewalk Sales. At this event, downtown businesses
display merchandise on the sidewalks for pedestrians to browse. The event was
originally scheduled to take place from July 23rd through July 26th, but did not occur at
that time due to the COVID-19 pandemic.
AMS has re-branded this event as “September Sidewalk Sales” and has rescheduled it
for September 10-13.
To facilitate this event, organizers are requesting suspension of parking regulations and
enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, September 12
($1,370.25 estimated loss to the Parking Fund). A waiver of fee for a blanket Vendor
Permit ($50 loss to the City Clerk’s Office) and a blanket Temporary Obstruction Permit
have also been requested for Saturday, September 12.
In February 2020, the City Council adopted a new policy regarding metered parking
waivers:
Metered parking fees will not be waived for special events. Any event
organizers intending to provide free parking or to close metered
parking spaces must reimburse the City’s Parking Fund for the lost
revenue. The City Council may consider waivers to this policy on a
case-by-case basis for parking spaces that are obstructed by the
event area (not for area-wide free parking).
For FY 2020/21, the City Council allocated $5,496 in the Local Option Sales Tax Fund
to reimburse the Parking Fund for Downtown special events where free parking or
parking closures are to take place. Therefore, for this event, the City Council is
requested to authorize a transfer of $1,370.25 from the Local Option Sales Tax Fund to
the Parking Fund.
Because this event does not involve a gathering of crowds in a single area, City staff
has not evaluated this event against the City Council’s adopted COVID-19 event
criteria.
2
ALTERNATIVES:
1. Approve the requests for September Sidewalk Sales as requested by Ames Main
Street, including the waiver of fees and transfer of funds from the Local Option
Sales Tax Fund to the Parking Fund.
2. Deny the requests
CITY MANAGER’S RECOMMENDED ACTION:
The Summer Sidewalk Sales is a successful event for the Downtown. This event
attracts people to the Downtown and promotes shopping locally.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # 8
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SHOP FOR A CAUSE
BACKGROUND:
Ames Main Street (AMS) has submitted requests to facilitate Ames Main Street Shop
for a Cause, to be held on November 7, 2020. At this event, downtown businesses can
promote a non-profit of their choice through sales and other partnership efforts.
To facilitate this event, organizers are requesting suspension of parking regulations and
enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 7
($1,370.25 estimated loss to the Parking Fund). A waiver of fee for a blanket Vendor
Permit ($50 loss to the City Clerk’s Office) and a blanket Temporary Obstruction Permit
have also been requested.
In February 2020, the City Council adopted a new policy regarding metered parking
waivers:
Metered parking fees will not be waived for special events. Any event
organizers intending to provide free parking or to close metered
parking spaces must reimburse the City’s Parking Fund for the lost
revenue. The City Council may consider waivers to this policy on a
case-by-case basis for parking spaces that are obstructed by the
event area (not for area-wide free parking).
For FY 2020/21, the City Council allocated $5,496 in the Local Option Sales Tax Fund
to reimburse the Parking Fund for Downtown special events where free parking or
parking closures are to take place. Therefore, for this event, the City Council is
requested to authorize a transfer of $1,370.25 from the Local Option Sales Tax Fund to
the Parking Fund.
Because this event does not involve a gathering of crowds in a single area, City staff
has not evaluated this event against the City Council’s adopted COVID-19 event
criteria.
ALTERNATIVES:
1.Approve the requests for Shop for a Cause as requested by Ames Main Street,
including the waiver of fees and transfer of funds from the Local Option Sales
Tax Fund to the Parking Fund.
2.Deny the requests
2
CITY MANAGER’S RECOMMENDED ACTION:
Ames Main Street Shop for a Cause is a new event for the Downtown. This event aims
to attract people to the Downtown, promote shopping locally, and support non-profit
organizations through partnering businesses.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
304 Main Street, Ames, IA 50010 515.233.3472 AmesDowntown.org
December 3, 2019
Mayor and City Council
City of Ames
515 Clark Ave
Ames, IA 50010
Dear Mayor Haila and Members of the Ames City Council,
Ames Main Street is planning to hold a new event, Shop for a Cause, on November 7, 2020
Specific information about the event can be found on the included Special Event Application. We
would also request a waiver of fees for the Blanket Vendor Permit. In addition, we would also
request a waiver of fees for free parking of city meters throughout Downtown on Saturday,
November 7, 2020.
By bringing residents to Downtown Ames for attractions such as this, Ames Main Street is able to
fulfill its mission as a Main Street Iowa community and create an economically vibrant downtown
with unique living, dining, and entertainment experiences.
Thank you for your consideration of this request and continued support of Ames Main Street. We
look forward to seeing you shopping in Downtown Ames!
Sincerely,
Sonya Stoltze-Newstrom
2020 Ames Main Street Board President
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ITEM # 9
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: REQUESTS FROM AMES MAIN STREET FOR SMALL BUSINESS
SATURDAY
BACKGROUND:
Ames Main Street (AMS) has submitted requests to facilitate Small Business Saturday
on November 28.
To facilitate this event, organizers are requesting suspension of parking regulations and
enforcement for the Downtown from 8:00 a.m. to 8:00 p.m. on Saturday, November 28
($1,370.25 estimated loss to the Parking Fund). A waiver of fee for a blanket Vendor
Permit ($50 loss to the City Clerk’s Office) and a blanket Temporary Obstruction Permit
have also been requested.
In February 2020, the City Council adopted a new policy regarding metered parking
waivers:
Metered parking fees will not be waived for special events. Any event
organizers intending to provide free parking or to close metered
parking spaces must reimburse the City’s Parking Fund for the lost
revenue. The City Council may consider waivers to this policy on a
case-by-case basis for parking spaces that are obstructed by the
event area (not for area-wide free parking).
For FY 2020/21, the City Council allocated $5,496 in the Local Option Sales Tax Fund
to reimburse the Parking Fund for Downtown special events where free parking or
parking closures are to take place. Therefore, for this event, the City Council is
requested to authorize a transfer of $1,370.25 from the Local Option Sales Tax Fund to
the Parking Fund.
Because this event does not involve a gathering of crowds in a single area, City staff
has not evaluated this event against the City Council’s adopted COVID-19 event
criteria.
ALTERNATIVES:
1.Approve the requests for Small Business Saturday as requested by Ames Main
Street, including the waiver of fees and transfer of funds from the Local Option
Sales Tax Fund to the Parking Fund.
2.Deny the requests
2
CITY MANAGER’S RECOMMENDED ACTION:
Small Business Saturday is an annual event for the Downtown. This event aims to
attract people to the Downtown, and promote shopping locally to kick off the holiday
shopping season.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
1
ITEM # __10__
DATE 08-18-20
COUNCIL ACTION FORM
SUBJECT: AMES MAIN STREET REQUESTS FOR SNOW MAGIC
BACKGROUND:
Ames Main Street (AMS) plans to host its Snow Magic Celebration December 4th
through December 24th. The event will kick off on December 4th with the tree lighting
ceremony, open houses, and horse and carriage rides.
To facilitate this event, Ames Main Street has made the following requests for
December 4th:
•Closure of Kellogg Avenue from Main Street to Fifth Street, including closure of
12 metered parking spaces, from 1:00 to 8:00 p.m. for Santa’s Train
•Closure of 4 metered parking spaces within the Downtown from 1:00 to 8:00 p.m.
on December 4th to facilitate the pick-up and drop-off of passengers on horse
drawn carriage rides through the downtown
•Waiver of parking meter fees for closed parking meters ($20 loss to the Parking
Fund).
•Access to City electrical outlets at Tom Evans Plaza and waiver of fees
(estimated $10 loss to the Electric Fund)
•A blanket Temporary Obstruction Permit and a blanket Vending License for the
Downtown from December 4th through December 24th to allow stores to display
and sell merchandise and waiver of Vending License fee ($50 loss to City Clerk’s
Office).
In February 2020, the City Council adopted a new policy regarding metered parking
waivers:
Metered parking fees will not be waived for special events. Any event
organizers intending to provide free parking or to close metered
parking spaces must reimburse the City’s Parking Fund for the lost
revenue. The City Council may consider waivers to this policy on a
case-by-case basis for parking spaces that are obstructed by the
event area (not for area-wide free parking).
For FY 2020/21, the City Council allocated $5,496 in the Local Option Sales Tax Fund
to reimburse the Parking Fund for Downtown special events where free parking or
2
parking closures are to take place. Unfortunately, Snow Magic was not one of the
events indicated by AMS to involve a closure of parking meters. Therefore, for this
event, the City Council may either waive the $20 in lost parking meter revenue or may
require reimbursement for this loss from AMS or some other source.
In May 2020, the City Council directed staff to evaluate special events against a set of
COVID-19 precautions to determine whether it was appropriate for the event to take
place. The evaluation is as follows:
Is the event allowed under the Governor’s emergency proclamations?
Section Three of the Governor’s proclamation issued July 24 (expiring at 11:59 p.m.
August 23) indicates that a social or community gathering of more than ten people may
be held, but only if the gathering organizer ensures six feet of physical distance
between each group or individual attending alone and the gathering organizer
implements reasonable measures under the circumstances of each gathering to ensure
social distancing, increased hygiene practices, and other public health measures.
How many attendees are expected, and how densely crowded are they?
Organizers expect fewer participants compared to previous iterations of Snow Magic.
The estimate for a typical year is approximately 800 participants throughout the entire
Downtown.
Do event organizers have a plan and equipment/supplies needed for increased
hygiene?
Organizers have indicated that each business participating will be encouraged to
require masks and provide hand sanitizer. Volunteers will sanitize Santa’s train and the
carriage between rides.
Is there sufficient staffing by event organizers to maintain social distancing
among participants?
Participating stores will be relied upon to enforce social distancing inside their own
premises. AMS staff will be available to assist with any concerns should they arise.
Is there an increased risk that the event will require City staff to be in close
contact with participants or organizers for an extended period of time?
City staff expects to have no involvement in the event.
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ALTERNATIVES:
1. Approve the requests made by Ames Main Street as indicated above, including
the requested waiver of fees.
2. Approve the requests as indicated above, but require reimbursement for the
blanket Vending Permit ($50), electricity use ($10), and lost parking meter
revenue ($20)
3. Deny the requests.
CITY MANAGER’S RECOMMENDED ACTION:
Snow Magic provides an opportunity to draw residents and visitors to the Downtown
and supports local businesses during the holiday shopping season. Organizers have
prepared plans for ensuring the event complies with COVID-19 protocols, and expect
smaller attendance numbers than in previous years.
It is therefore the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above
1
ITEM #____11_
DATE 08/18/20
COUNCIL ACTION FORM
SUBJECT: 2020 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT
BACKGROUND:
On July 9, 2020, the Ames Police Department received notice that it is eligible for grant
funds through the 2019 Department of Justice, Office of Justice Programs, Bureau of
Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG) Program.
Applications are due August 19, 2020.
Grant funds can be used for state and local initiatives, technical assistance, training,
personnel, equipment, supplies, contractual support, and information systems for criminal
justice, as well as research and evaluation activities that will improve or enhance law
enforcement programs related to criminal justice.
Because the Story County Sheriff provides jail services for the county, the grant conditions
require that the Sheriff participate in the grant application for funding under this JAG
program. The Police Department proposes that the City enter into a Memorandum of
Understanding with the Story County Sheriff for acquisition and use of the funds.
Total funding potentially available to the Ames Police Department and the Story
County Sheriff’s Office through this grant offering is $12,528.00. This year the two
law enforcement agencies propose to use the funds in a project to purchase a
variety of equipment including:
•Several new bicycles to support the bicycle officer program
•Supporting equipment, including lights and bags, for these new bikes and updates to
several existing bikes
•Protective clothing for bicycle officers
•Specialized radio equipment, such as bluetooth enabled microphones.
•Soft stretchers and other emergency medical response equipment for police medical
trauma kits.
The grant requires that the Mayor sign a certifications and assurances document indicating
that the City will abide by the grant terms and conditions. The City Attorney’s Office is
reviewing that document and the associated terms to determine if there are any concerns.
There is no match required with this grant.
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ALTERNATIVES:
1. Approve the Memorandum of Understanding with Story County to apply for grant
funding under the 2020 Department of Justice, Office of Justice Programs, Bureau
of Justice Assistance Edward Byrne Memorial Justice Assistance Grant (JAG)
Program, and authorize application for that grant.
2. Do not approve the agreement with the Story County or the Edward Byrne Memorial
Justice Assistance Grant (JAG) Program grant application.
CITY MANAGER'S RECOMMENDED ACTION:
JAG funds have been used productively during the past few years to purchase equipment
and provide training. The program has proven to be a valuable source of funds for special
purchases and programs.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving an agreement with Story County to develop and apply
for a grant funding under the 2020 Edward Byrne Memorial Justice Assistance Grant (JAG)
Program, and authorizing application for that grant.
1
ITEM # ____12__
DATE 08-18-20
COUNCIL ACTION FORM
SUBJECT: REQUEST FOR EXTENSION OF WAIVER OF PARKING
REGULATIONS FOR CURBSIDE SERVICE AT THE AMES PUBLIC
LIBRARY
BACKGROUND:
The Library initiated the first step in re-opening on May 19, 2020, by offering curbside
pick-up service for books and other materials that had been held since the City building
closure in March. Customers reserved a pick-up time and Library staff bagged and
tagged the materials and placed them on a table outside for customers to pick up.
In order to safely facilitate the pick-up, the Library requested to reserve three parking
spots (70.C, 71.C, and 72.C) on Douglas Avenue in front of the Library. Municipal Code
Section 18.5(5) authorizes the City Manager to designate any parking spaces adjacent
City buildings as “visitor” spaces. The request was granted, and signage was
displayed designating the 3 spots for curbside pick-up from May 19 through July 1.
The Library re-opened the lobby area on July 1 and expanded the hours open to the
public. The Library expects the need for curb-side pickup to continue through at least
October 4. Because the total length of time these parking spaces would be unavailable
for normal metered parking is expected to be several months, staff is requesting the City
Council’s confirmation that the use of these spaces for curb-side pickup is acceptable.
The three parking spaces would be used for curbside pickup from July 1 through
October 4 on the following days and times:
•9:00 a.m. to 6:00 p.m. on Monday, Wednesday, Friday, and Saturday
•9:00 a.m. to 9:00 p.m. on Tuesday and Thursday
•1:00 p.m. to 5:00 p.m. Sunday
Staff estimates the closure of these spaces will result in a loss of $310.50 to the Parking
Fund.
ALTERNATIVES:
1.Approve the suspension of parking meter regulations for 3 designated spots on
Douglas Avenue in front of the Library from July 1 to October 4, 2020 on the days
and times outlined above.
2.Do not approve the request.
2
CITY MANAGER’S RECOMMENDED ACTION:
The Library continues receiving a favorable response from the public as it phases in its
re-opening plans and maintain a safe, customer-friendly approach to providing services.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, thereby approving the extension of waiving parking meter fees for the
time frame outlined above.
1
ITEM#: 13
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: 2017/18 MAIN STREET PAVERS PROJECT (CLARK – BURNETT)
BACKGROUND:
This project provides for the replacement of the pavers in the Main Street corridor. These
pavers were installed with the Main Street Reconstruction project in 1999. At that time, the
pavers were an aesthetic upgrade to traditional concrete sidewalks. Over time, the pavers
have proven to be difficult to maintain. Uneven pavers appear every year, and Public Works
Operations crews spend a considerable amount of time to level or replace pavers. Individual
replacement pavers are now in short supply as the original pavers are not produced
anymore. Winter ice control chemicals applied by adjacent businesses have led to
accelerated deterioration of the pavers, especially on the southern side of Main Street where
the building provides continuous shade in the winter and no sunlight reaches the sidewalk
to aid in melting the snow and ice.
This is the first phase of the Main Street Pavers replacement program, which will remove
and replace pavers along both sides of Main Street between Clark Avenue and Burnett
Avenue. Staff has worked closely with Ames Main Street and the Public Art Commission to
finalize details such as paver colors and patterns. Staff received direction from City Council
at the July 28, 2020 Council meeting regarding these items and also regarding City Council’s
desire to deaccession and remove the wall at Tom Evans Plaza.
Staff has completed plans and specifications for this contract which include a Base Bid
(removal of pavers, concrete repair, etc.), an Alternate Bid A (straight line paver pattern),
and an Alternate Bid B (curved line paver pattern). The project will be awarded as the
Base bid plus Alternate A or Alternate B. The total estimated cost for the Base Bid and
Alternate Bid A is $165,068. The total estimated cost for the Base Bid and Alternate Bid B
is $180,638. Engineering and contract administration are estimated to be $5,000, bringing
overall project costs to $170,068 and $185,638, respectively.
The plans and specifications prepared do not include the removal of the wall and
associated items. However, staff will evaluate the proposed costs to add these items
by change order into the project once a successful bidder is under contract.
The table below indicates estimated expenses and funding sources.
2
Funding Source
Available
Revenue
Estimated
Expenses
2017/18 Main Street Pavers (Clark to Burnett) $ 171,000
2018/19 Main Street Pavers (Burnett to Kellogg) 171,000
2019/20 Main Street Pavers (Kellogg to Douglas) 190,000
Return to Road Use Tax balance for COVID-19 Shortfall (165,697)
2020/21 Main Street Pavers (Douglas to Duff) 88,000
Public Art Commission Wall Demolition Support 1,500
Removal of Wall and Replacement of Pavers at Tom Evans Plaza (est.) $ 24,445
2017/2018 Main Street Pavers (Clark to Burnett) Base Bid + Alt A 165,068
OR OR
2017/2018 Main Street Pavers (Clark to Burnett) Base Bid + Alt B 180,638
Engineering 5,000
$455,803
$194,513 to
$210,083
In response to a shortfall in Road Use Tax revenues in FY 2019/20, $165,697 in funds
allocated to this project were returned to the fund balance (as shown in the table above).
Depending on the bids received for this first phase and future phases of the Paver
Replacement project, additional revenues may need to be allocated in a future CIP to
address a shortfall for the overall Paver Replacement Program.
Staff has been in contact with adjacent businesses to discuss the project and
associated access issues to minimize business impact during construction.
ALTERNATIVES:
1. Approve the plans and specifications for the 2017/2018 Main Street Pavers (Clark to
Burnett) project and establish September 2, 2020, as the date of letting and
September 8, 2020, as the date for report of bids.
2. Do not approve this project.
MANAGER’S RECOMMENDED ACTION:
The pavers along Main Street are beginning to fail at an accelerated rate. Removal and
replacement are necessary to ensure the sidewalks are safe for pedestrian usage and to
enhance the visual aesthetic along the Main Street corridor. The replacement paver details
have been coordinated with Ames Main Street, Public Art Commission, and the City Council.
Delaying this project will result in increased maintenance costs for the existing pavers.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as noted above.
1
ITEM # _ _14__
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: POWER PLANT MAINTENANCE SERVICES CONTRACT
BACKGROUND:
On March 10, 2020, City Council approved preliminary plans and specifications for the
Power Plant Maintenance Services Contract. The Electric Utility has two gas-fired,
high-pressure steam generation units within the City’s Power Plant, referred to as Units
No. 7 and 8. These units require regular professional maintenance and repair. This
consists of both emergency and planned repairs and service. Services include a variety
of boiler maintenance and repairs, structural steel, pump and piping work, and other
miscellaneous mechanical Power Plant work.
The repair of the equipment on these generation units requires professional trade crafts
such as laborers, millwrights, and steam/pipe fitters.
This contract is to provide power plant maintenance services for the period
following final City Council approval of contract and performance bond through
June 30, 2021. The contract includes a provision that would allow the City to renew the
contract for up to four additional one-year terms.
Bid documents were issued to thirty-six companies and three 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 service with
statewide circulation and the Iowa League of Cities.
On May 13, 2020, bids were received from six companies as shown on the
attached bid summary. At the May 26, 2020, City Council meeting bids were
reported.
The second attachment shows a cost evaluation of the two apparent lowest bidders.
The evaluation is based on a sampling of personnel and associated travel/subsistence
that the Power Plant requires for successful fulfillment of a typical work scenario
performed on this service contract over a ten-day period.
Staff reviewed the bids and concluded, based on the time and material rates
submitted, that the apparent low bid submitted by Anderson Process &
Instrumentation Solutions, LLC., Marshalltown, IA, in the not-to-exceed amount of
$125,000 is the lowest bid and is acceptable.
As there are provisions that would allow the City to renew the contract up to four
additional one-year terms, staff did consider future year cost increases. Unfortunately, it
was not possible to get an accurate comparison because some of the bidders claimed
that future labor rates were subject to future union negotiations. Staff will know the new
labor rates prior to renewing the contract each year. If the labor rates seem excessive,
staff will not recommend renewal and instead will re-bid for the services.
Staff recommends that these services continue to be outsourced on an annual
renewable contract basis. The benefits of having a contract for these services in place
include the following:
1) Consistency of work and quality from a single contractor.
2) Reduction in the City’s exposure to market forces regarding prices and availability
for labor, travel, and supplies in preparation for a scheduled outage.
3) Rapid contractor mobilization to start emergency repairs, thus reducing
generation downtime.
4) Saved City staff time obtaining quotes, evaluating bids and preparing
specifications and other procurement documentation.
The approved FY2020/21 Power Plant operating budget for Electric Production includes
$125,000 for this contract. Invoices will be based on contract rates for time and
materials for services actually received.
ALTERNATIVES:
1. Award a contract for the FY 2020/21 Power Plant Maintenance Services Contract
to Anderson Process & Instrumentation Solutions, LLC., Marshalltown, IA,
for hourly rates and unit prices bid, in an amount not-to-exceed $125,000.
The contract includes a provision that would allow the City to renew the contract
for up to four additional one-year terms at stated rates.
2. Award a contract to one of the other bidders.
3. Reject all bids and direct staff to purchase these services on an as-needed basis.
CITY MANAGER'S RECOMMENDED ACTION:
This work is necessary to ensure that a qualified professional firm will respond to both
scheduled and emergency needs for Power Plant repair and maintenance and will also
control costs by having established billing rates. Funds will be expended only as work is
required and in accordance with approved invoices. Therefore, it is the recommendation
of the City Manager that the City Council adopt Alternative No. 1.
LABOR:
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
Journeyman
Foreman
General Foreman
Superintendent
__________% per ____________
BOILERMAKER
__________% per ____________
__________% per ______________________% per ____________
Cost + ____________%Cost + ____________%
BRICKLAYER
LABORER
MILLWRIGHT
STEAMFITTER
Description
MISC.
Rate Rate
$ _______________ per ____________Travel
Deliveries
$ _______________ per ____________
$ _______________ per ____________
2018-168 Power Plant Maintenance Services Contract Bid Summary
$ _______________ per day $ _______________ per day
$ _______________ per day $ _______________ per dayCraft
Cost + ____________%Cost + ____________%
$ _______________ per ____________$ _______________ per ____________Mileage
Equipment & Tools
Rate Rate
Miscellaneous materials &
consumables
Travel & Subsistence
Subsistence:
Description
Travel & Mileage
$ _______________ per ____________$ _______________ per ____________
$ _______________ per ____________
Supervisor travel
Supervisor mileage
LABOR:
(ST)
Hourly Rate
(OT)(DT)(ST)(OT)
Hourly Rate
(DT)
Hourly Rate
(ST)
Hourly Rate
(OT)Hourly Rate (DT)Hourly
Rate (ST)(OT)
Hourly Rate
(DT)
Journeyman $43.64 $65.34 $65.34 $45.98 $61.06 $76.14 $75.00 $100.00 $135.00 $51.38 $68.49 $85.59
Foreman $61.92 $94.04 $94.04 $47.48 $63.24 $78.99 $75.00 $100.00 $135.00 $52.75 $70.50 $88.25
General $94.36 $136.04 $136.04 $48.23 $64.32 $80.42 $75.00 $100.00 $135.00 $54.12 $72.51 $90.91
Superintendent $105.02 $152.78 $152.78 NA NA NA $75.00 $100.00 $135.00 $71.07 $92.66 $117.49
Journeyman $43.64 $65.34 $65.34 $45.98 $61.06 $76.14 $75.00 $100.00 $135.00 $51.38 $68.49 $85.59
Foreman NA NA NA $47.48 $63.24 $78.99 $75.00 $100.00 $135.00 $52.75 $70.50 $88.25
General NA NA NA $48.23 $64.32 $80.42 $75.00 $100.00 $135.00 $54.12 $72.51 $90.91
Superintendent NA NA NA NA NA NA $75.00 $100.00 $135.00 $71.07 $92.66 $117.49
(ST)
Hourly Rate
(OT)(DT)(ST)(OT)
Hourly Rate
(DT)
Hourly Rate
(ST)
Hourly Rate
(OT)Hourly Rate (DT)Hourly
Rate (ST)(OT)
Hourly Rate
(DT)
Journeyman $57.35 $86.87 $86.87 $65.57 $86.05 $106.52 $85.00 $110.00 $145.00 $60.30 $79.74 $99.17
Foreman $61.92 $94.04 $94.04 $67.05 $88.20 $109.35 $85.00 $110.00 $145.00 $62.98 $83.71 $104.43
General $94.36 $136.04 $136.04 $70.01 $92.51 $115.01 $85.00 $110.00 $145.00 $64.32 $85.69 $107.06
Superintendent $105.02 $152.78 $152.78 NA NA NA $85.00 $110.00 $145.00 $91.86 $117.66 $146.94
Journeyman $57.35 $86.87 $86.87 $65.57 $86.05 $106.52 $85.00 $110.00 $145.00 $63.28 $84.17 $105.05
Foreman $61.92 $94.04 $94.04 $67.05 $88.20 $109.35 $85.00 $110.00 $145.00 $65.97 $88.14 $110.31
General $94.36 $136.04 $136.04 $70.01 $92.51 $115.01 $85.00 $110.00 $145.00 $67.31 $90.12 $112.94
Superintendent $105.02 $152.78 $94.85 $122.09 $152.81
Hourly Rate
(ST)
Hourly Rate
(OT)(DT)(ST)(OT)
Hourly Rate
(DT)
Hourly Rate
(ST)
Hourly Rate
(OT)Hourly Rate (DT)Hourly
Rate (ST)(OT)
Hourly Rate
(DT)
Journeyman $57.35 $86.87 $86.87 $76.95 $109.41 $141.83 $85.00 $110.00 $145.00 $75.16 $99.89 $124.73
Foreman $61.92 $94.04 $94.04 $85.22 $121.49 $157.74 $85.00 $110.00 $145.00 $79.19 $106.01 $132.83
General $94.36 $136.04 $136.04 $87.98 $125.52 $163.04 $85.00 $110.00 $145.00 $81.77 $109.83 $137.90
Superintendent $105.02 $152.78 $152.78 NA NA NA $85.00 $110.00 $145.00 $96.74 $126.44 $159.89
Journeyman $57.35 $86.87 $86.87 $85.21 $121.47 $157.71 $85.00 $110.00 $145.00 $80.16 $107.48 $134.80
Foreman $61.92 $94.04 $94.04 $94.73 $135.38 $176.01 $85.00 $110.00 $145.00 $84.70 $114.20 $143.71
General $94.36 $136.04 $136.04 $97.91 $140.03 $182.14 $85.00 $110.00 $145.00 $87.53 $118.40 $149.27
Superintendent $105.02 $152.78 $152.78 NA NA NA $85.00 $110.00 $145.00 $103.61 $136.65 $173.46
(ST)
Hourly Rate
(OT)(DT)(ST)(OT)
Hourly Rate
(DT)
Hourly Rate
(ST)
Hourly Rate
(OT)Hourly Rate (DT)Hourly
Rate (ST)(OT)
Hourly Rate
(DT)
Journeyman $57.35 $86.87 $86.87 $76.95 $109.41 $141.83 $85.00 $110.00 $145.00 $75.16 $99.89 $124.73
Foreman $61.92 $94.04 $94.04 $85.22 $121.49 $157.74 $85.00 $110.00 $145.00 $79.19 $106.01 $132.83
General $94.36 $136.04 $136.04 $87.98 $125.52 $163.04 $85.00 $110.00 $145.00 $81.77 $109.83 $137.90
Superintendent $105.02 $152.78 $152.78 NA NA NA $85.00 $110.00 $145.00 $96.74 $126.44 $159.89
Journeyman $57.35 $86.87 $86.87 $85.21 $121.47 $157.71 $85.00 $110.00 $145.00 $80.16 $107.48 $134.80
Foreman $61.92 $94.04 $94.04 $94.73 $135.38 $176.01 $85.00 $110.00 $145.00 $84.70 $114.20 $143.71
General $94.36 $136.04 $136.04 $97.91 $140.03 $182.14 $85.00 $110.00 $145.00 $87.53 $118.40 $149.27
Superintendent $105.02 $152.78 $152.78 NA NA NA $85.00 $110.00 $145.00 $103.61 $136.65 $173.46
2020-106 Power Plant Maintenance Services Contract Bid Summary
PIPEFITTER
NOTE:
Craft mileage
Supervisor travel $85.00
$100.00
$100.00
Rate
NOTE:
NOTE:
MILLWRIGHT
STEAMFITTER
$125.00
$75.00
JOURNEYMAN ST RATE
Weitz Industrial, LLC Cedar
Rapids, IA
COST + 10%
Equipment & Tools
Mileage
consumables
Labor based on Craft contracts
COST +1 5%
COST + 20%COST + 10%
5% RENEWAL PER YEARNA
Rate
COST + 10%
0% RENEWAL PER YEAR
Capital City Boiler & Machine Works, Inc
Des Moines, IADuncan, SC Omaha, NE
Supervisors
Rate
week
$120 (all others except laborers do not get
any and TEiC pays for 7 days per week)
See exception A for night shiftNOTE:
See Exception C for night shift
$.56 per mile for 1 round trip each job,
from home to Ames (laborers do not
receive any)
RENTAL RATE + GAS RECEIPT
2% RENEWAL PER YEAR
Rate
(small tool trailer)
$.75 per mile
Contracts with crafts valid until
January 1, 2021 and June 1, 2021.
LABORER
Craft
Description
Travel $75.00
Craft travel
Supervisor mileage $1.00 per mile
$75.00
$1.00 per mile
Travel & Subsistence
Description
$1.00
0% RENEWAL PER YEAR0% RENEWAL PER YEAR
Rate
$1.00 per mile
Deliveries
$125.00
$125.00
COST + 10%
0% RENEWAL PER YEAR
0% RENEWAL PER YEAR
$55.00
per the attached and fuel usage will be
$45.00 per hour if over 90 miles away
Rate
COST + 10%
3% RENEWAL PER YEAR
no milage chg, truck cost will be billed
per the attached and fuel usage will be
billed at cost plus fee
$69.00
no chg, included in travel rate
see attached T&M labor rate sheet
0% RENEWAL PER YEAR
2% RENEWAL PER YEAR
If local (within 50 miles) no travel or
milage, uless requested to haul
equipment or tools in their personal
vehicle
LABORER JOURNEYMAN RATE
COST + 10%
see attached T&M labor rate sheet
$.56 per mile for 1 round trip each job,
from home to Ames
Hourly Rate
(ST)(OT)
Hourly
Rate (DT)Rate Rate Rate
$42.00 $55.00 $69.00
$46.20 $60.50 $75.90
(ST)(OT)
Hourly
Rate (DT)Rate Rate Rate
$75.00 $110.00 $140.00 $87.64 $115.28 $142.93
$80.00 $115.00 $145.00 $91.18 $120.54 $149.90
$93.66 $124.22 $154.78
$178.25 $267.38 $356.50
$78.50 $115.00 $147.00 $88.35 $116.33 $144.32
$84.00 $121.00 $152.00 $91.89 $121.59 $151.29
$94.37 $125.27 $156.17
$178.25 $267.38 $356.50
Hourly Rate
(ST)(OT)
Hourly
Rate (DT)Rate Rate Rate
$75.00 $110.00 $140.00
$80.00 $115.00 $145.00
$78.50 $115.00 $147.00
$84.00 $121.00 $152.00
(ST)(OT)
Hourly
Rate (DT)Rate Rate Rate
$75.00 $110.00 $140.00
$80.00 $115.00 $145.00
$78.50 $115.00 $147.00
$84.00 $121.00 $152.00
N/A
2% RENEWAL PER YEAR
S.T. Cotter Turbine
Services, Inc.
$187.00
$170.00
$178.20
$57.70
$87.64
$57.70 per mile
$87.64
$3.55
Rate
COST + 10%
COST + 10%
3% RENEWAL PER YEAR
3% RENEWAL PER YEAR
3% RENEWAL PER YEAR
$0.80 per mile 1/2 ton truck and
additional rider
$0 for 1 trip to site per day
$1.00 per mile 3/4 ton truck and
additional rider
Rate per above (hourly)
$1.00 per mile for trailer
Rate
COST + 5%
COST + 15%
3% RENEWAL PER YEAR
API Solutions Marshalltown,
IA
$0.00
$0.00
$0 for 1 trip to site per day
Description
Labor:$48,273.20 $47,620.00
Subsistence:$1,720.00 $0.00
Travel:$4,059.20 $252.00
Mileage:$1,650.00 $1,625.00
Example Work Scenario for Power Plant Maintenance Services
The scenario was based on project to take about 2 weeks, 10 hr days, no weekend.
Includes 1 foreman, 2 millrights, 6 laborers
1
ITEM # 15
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: PURCHASE OF PUBLIC WORKS SNOWPLOW DUMP TRUCKS AND
ACCESSORIES – FLEET REPLACEMENT PROGRAM
BACKGROUND:
There are seven single-axle and five tandem axle snowplow dump trucks used by Public
Works for street maintenance and snow removal operations. These trucks, which operate
year-round, are essential to maintaining the City’s streets, utilities, and public areas. Six
single axle trucks, one tandem axle truck, and snow removal equipment are scheduled
for replacement in FY 2020/21.
The seven new replacement trucks will be equipped with a stainless-steel dump body,
pre-wet and brine system, wing plow, front plow mounting provision (the existing front
plows will be re-used), hydraulic control system, GPS plow/spreader status & vehicle
tracking system, and laser wing plow guide.
IMPROVED SNOW/ICE CONTROL CONFIGURATIONS PROPOSED:
Three of the trucks being replaced have underbody plows. Trucks equipped with
underbody plows have demonstrated their value in removing hard-pack snow. Therefore,
all seven of the new trucks in this bid are budgeted to be equipped with an underbody
plow.
An improved configuration to the plows will be implemented. The wing plow will be
mounted at the right rear corner of the truck instead of the front. This will allow the wing
plow to move the snow from the underbody plow as well as the front plow, thus improving
the efficiency of the plows.
Public Works staff also identified significant savings with these trucks. The sand/salt
spreader will be a tailgate-mounted unit rather than the V-box spreader currently used by
the City. A tailgate spreader costs one-third the price, needs only a fraction of the storage
space in the offseason, and requires significantly less maintenance. The savings from the
purchase of seven tailgate spreaders in lieu of the V-box is approximately $91,000.
Additionally, the savings in annual maintenance is estimated at $9,500 for the seven
spreaders. Over an expected 10-year life cycle this could save $95,000 in maintenance
costs.
2
CHASSIS BIDS:
Bids were solicited separately for the truck chassis and the necessary equipment to
outfit each truck. This bid is for six medium-duty (single axle) and one heavy duty
(tandem axle) trucks.
Chassis Vendors
Make and Single Axle Each Tandem Options
Truck Country Freightliner Freightliner
O’Halloran International (Bid #2) International
Harrison Truck Center Freightliner
O’Halloran International (Bid #1) International
Wausau Equipment Co. Freightliner
The low bid from Truck Country of Cedar Rapids, did not meet the submittal requirements,
therefore it is not being considered. O’Halloran submitted separate bids with two different
configurations of chassis; O’Halloran’s Bid #2 is for a slightly shorter chassis, which is
more desirable to City staff.
Desirable electronic programming options were identified by staff as part of the bid
package. The options selected will cost $164 for each O’Halloran chassis, and $24 for
each Harrison chassis. The four options selected for the chassis include: 1) Wipers go to
slowest intermittent speed when parking brake is set, 2) Headlights come on when the
wipers are turned on, 3) Pre-trip light inspection switch to automatically cycle through the
light while the driver walks around the truck and inspects, and 4) Parking brake alarm
system sounds the horn if the driver’s door is opened and the parking brake is not set.
EQUIPMENT BIDS:
Bids were received from equipment vendors as follows:
Equipment Vendor
Equipment for Equipment for Selected
Henderson Truck Equipment Co.
Hiway Truck Equipment Co.
Wausau Equipment Co;
3
The equipment option is for the vendor to install the wiring harness for a wing plow laser
guidance system.
COMBINATION OF CHASSIS AND EQUIPMENT BIDS:
Chassis Vendor
with with selected 7 Truck Equipment Trucks
O’Halloran International (Bid #2)* International
Harrison Truck Center Freightliner
Harrison Truck Center Freightliner
O’Halloran International (Bid #1) International
Wausau Equipment Co. Freightliner
Evaluation of the bids determined the lowest acceptable bid for the completely equipped
trucks is from O’Halloran International of Altoona, IA for the chassis, with Henderson
Equipment Co. of Manchester, IA to provide and install the snow equipment and
accessories.
O’Halloran International for 7 chassis $ 594,821
Henderson Truck Equipment Co. 799,329
Total cost for the Fully Equipped Trucks $1,394,150
Funding is available for this purchase as follows:
Truck Escrow $ 886,886
Underbody Plow Escrow $ 18,010
Wing Plow Escrow $ 65,457
Spreader Escrow $ 154,800
Estimated Salvage of All Items $ 144,750
Operating Budget Support $ 70,000
Escrow to be Collected until Delivery $ 88,123
Total Funding Available $1,428,026
B100 BIODIESEL PILOT PROGRAM CONTINUATION
In August 2019, the City Council approved the B100 Pilot Project. In this project, the City
agreed to equip five City snowplow dump trucks (like those in this bid) with a B100 fuel
system. The equipment cost $12,000 for each truck and was paid for by Ames-based
4
Renewable Energy Group (REG). REG also agreed to provide the City with a B100
storage tank and B100 fuel at a discounted rate, in exchange for the City testing the use
and performance of the system.
These five trucks have successfully used B100 fuel since January 2020, burning over
4,000 gallons of B100 in that time. These trucks have lowered their combined carbon
footprint by more than 160 tons since January. Data collected by City staff shows the fuel
economy of the B100 to be the same as unblended diesel and B20 purchased from the
DOT. The City’s cost for B100 is approximately 5 cents per gallon less than diesel pricing
the City receives from the DOT. The use of B100 will increase as winter weather demands
greater use of these trucks for snow and ice removal.
The Public Works operators have indicated they have not experienced any reduction in
power or performance with the B100 fuel and system. They also enjoy the convenience
of filling the trucks on site at the City facility where the B100 tank is located.
Based upon this success, City staff has requested a quote to install the Optimus
Fuel Management System on the seven new trucks being purchased. The lowest
price for the Optimus Fuel System was from O’Halloran at $13,428 for each chassis, or a
total of $93,996. Installation of this system on these trucks would expand the use of the
B100 fuel to a total of 12 City trucks. REG is aware of the City’s interest in expanding the
use of this fuel system. REG would continue to supply the discounted B100 under the
pricing arrangement reached in August 2019. Staff expects the quantity of B100
consumed would increase with wider use of this system, thereby reducing reliance on
higher-carbon B20 and unblended diesel use.
Although the Optimus systems for the five trucks outfitted in 2019 were paid for by
REG, funding for additional Optimus systems would be paid for by the City. Public
Works staff is currently completing an application for grant funding to finance alternative
fuel vehicles used for the construction of roads. If the grant is awarded, funding will be
dispensed when the vehicles have been purchased.
Fleet Services reserve funds could be made available to use as a loan to pay for the
Optimus Systems until alternate funding through grants or other sources is secured.
Public Works would then repay the loan to Fleet Services over time if other sources do
not become available.
O’Halloran has offered to defer payment for the Optimus installation for 12 months
while grant applications are completed and funding can be identified.
5
ALTERNATIVES:
1. a) Award a contract to O’Halloran International of Altoona, IA for 7 International
HV507 Chassis – 6 single axle, and 1 tandem axle as quoted, for the total price
of $594,821.
b) Award a contract to Henderson Truck Equipment of Manchester, IA to equip
the 6 single axle truck chassis and 1 tandem axle chassis from O’Halloran
International with dump body, snow removal equipment and accessories as
quoted for a total of $799,329.
c) Award the contract to O’Halloran International of Altoona, IA to install the
Optimus Vector system on the 7 chassis for year-round use of B100 biodiesel
for a total of $93,996
d) Authorize staff to pursue grants in the next 12 months to pay for the Optimus
system; if unsuccessful a loan will be provided by Fleet Services to Public
Works.
2. Award contracts for truck chassis and associated equipment to a combination of
other bidders.
3. Reject all bids and ask staff to rebid.
CITY MANAGER’S RECOMMENDED ACTION:
Staff from Fleet Services and Public Works have evaluated these bids and agree that the
bid for the 6 single axle truck chassis, and 1 tandem axle truck chassis from O’Halloran
International of Altoona, IA, and equipped with dump body, snow removal equipment and
accessories by Henderson Truck Equipment of Manchester, IA is the best value for the
City and will provide exceptional service at the best cost. The installation of the Optimus
system aligns with the City Council’s value of environmental sustainability.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
Smart Choice
MEMO
515.239.5105 main
fax
To: Mayor and Members of the City Council
From: City Clerk’s Office
Date: August 18, 2020
Subject: Contract and Bond Approval
There is/are no Council Action Form(s) for Item No(s). 16, 17, and 18. Council
approval of the contract and bond for this/these project(s) is simply fulfilling a
State Code requirement.
/alc
1
ITEM # ___19__
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: RESCIND CONTRACT AWARD TO ACTION TURBINE
REPAIR SERVICE FOR POWER PLANT UNIT 8
STEAM TURBINE PARTS PROCUREMENT
BACKGROUND:
On April 29, 2020, four responsive and one non-responsive bids were received for the
parts procurement for the Power Plant Unit 8 Steam Turbine Parts Procurement. This
procurement is for the purchase and delivery of turbine parts required to replenish
inventory items and parts expected to be used during the overhaul of the Unit 8 turbine.
On July 14, 2020 Council awarded four contracts for the Unit 8 steam turbine parts
procurement. Awards were made to the contractors based on which had the best price
for each required part. One of the contracts was awarded to Action Turbine Repair Service
in the amount of $39,160.00. The contract and bond were approved at the July 28, 2020
meeting. On July 30, 2020 the company withdrew its bid with no explanation other
than it could not fulfill the contract requirements.
Due to the withdrawal of Action Turbine Repair Service, staff determined the next low
bidder for each of the items that were to be purchased from Action Turbine Repair
Services. These items will be purchased by completing a change order with each of the
other three vendors. Staff estimates that the total cost of the parts to be divided among
the other vendors will be $52,841.55. This is a net increase of $13,681.55 compared to
the original bid from Action Turbine Repair Service. The actual amounts to be paid to the
other vendors may vary slightly depending on the final division of parts among the
vendors.
ALTERNATIVES:
1. a. Rescind Resolution No. 20-374 for approving final plans, specifications and
form of contract and awarding a contract for the construction of Power Plant
Steam Turbine No. 8 Parts Procurement and Resolution No. 20-406 for
approving Contract and Bond for Construction of Power Plant Unit 8 Steam
Turbine Parts Procurement to Action Turbine Repair Service.
b.Direct staff to purchase the parts originally intended to be purchased from
Action Turbine Repair Service from the next low bidders. These purchases will
be completed through change orders, which will be at the staff level of approval.
2.Direct staff to rebid the parts that will no longer be provided by Action Turbine
Repair Services.
CITY MANAGER'S RECOMMENDED ACTION:
The parts originally intended to be provided by Action Turbine Repair Service are critical
components for the Unit 8 turbine overhaul project. This vendor is no longer willing to
provide these parts, and the parts can be obtained from other bidders at prices that are
acceptable to City staff.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
1
ITEM # __20__
DATE:08-18-20
COUNCIL ACTION FORM
SUBJECT: NORTH RIVER VALLEY PARK LOW HEAD DAM IMPROVEMENTS
BACKGROUND:
The City of Ames constructed a low head dam on the South Skunk River in 1984 to create
a pool of water in the primary recharge zone for the aquifer that feeds the City’s Downtown
Well Field, thereby providing a means to increase the capacity of these wells during
periods of drought. While the City has never promoted recreation at the dam, it is evident
that the low head dam attracts people who use the area for recreation. Low head dams
can pose a serious drowning hazard due to the recirculation effect which occurs
immediately downstream. Therefore, in 2013, the City initiated a project to replace the
dam with features that create safe recreational opportunities while still allowing for aquifer
recharge during drought.
An award of contract for construction was made to RW Excavating Solutions of Prairie
City, Iowa, on April 10, 2018. The construction, which is currently underway, is anticipated
to be complete by fall 2020. Change Order No. 1 was executed on March 7, 2019, for
$3,900 to create an upstream ledge that was previously believed to exist, but was not
found during construction. Change Order No. 2 was executed on November 12, 2019, for
$40,663 to provide additional rock materials.
Change Order No. 3 in the amount of $59,483.99 is requested to provide additional
rock and grout materials. Since the shape of the channel was different than
expected, more rock was needed than in the original bid. Additional grout was
recommended by the consulting engineer to provide added stability for boulder
structures.
The current project budget is as follows.
Project Budget
FY 16/17 Actual $ 54,402
FY 17/18 Actual 88,751
FY 18/19 Actual 242,739
FY 19/20 Budget 689,292
Total Project Budget $ 1,075,184
A total of $392,901 of funding comes from a series of grants from the Iowa Department
of Natural Resources. An additional $5,000 has been provided by private donations.
2
As the summary below shows, the current year budget includes sufficient contingency to
cover the proposed change order.
Current Year Budget (carryover $ 497,320
from prior years)
Minus YTD Expenses
Engineering 0
Construction 0
Minus Encumbrances
Engineering 13,465
Construction 401,006
Available Contingency before $ 82,849
Change Order #3
Change Order #3 (this request) 59,484
Remaining Contingency after $ 23,365
Change Order #3
ALTERNATIVES:
1. Approve Change Order No. 3 in the amount of $59,483.99 to RW Excavating
Solutions of Prairie City, Iowa, for additional rock and grout materials.
2. Do not approve Change Order No. 3 at this time.
CITY MANAGER’S RECOMMENDED ACTION:
As a result of the inherent danger of the City’s low head dam in North River Valley Park,
staff has recommended a modification to the dam that will significantly reduce the
downstream recirculation effect. Staff has worked diligently with stakeholders to provide
an opportunity to not only increase the safety associated with the City’s low head dam,
but also create a unique recreational facility not available elsewhere in the community.
The contract for construction has been awarded and additional materials are needed to
ensure a successful project completion.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1, as described above.
ITEM #___21_
DATE 08-18-20
COUNCIL ACTION FORM
SUBJECT: FINAL COMPLETION - WPCF DIGESTER IMPROVEMENT PHASE II
PROJECT
BACKGROUND:
On October 9, 2018, the City Council awarded a construction contract to Shank
Constructors Inc. of Minneapolis, Minnesota, in the amount of $2,165,200 for
improvement to the Digester Complex at the Water Pollution Control Facility (WPCF). As
construction has progressed, items have been identified that need to be addressed and
would result in a change to the contract. Three previous change have been authorized
in accordance with the City’s Purchasing Policies, for an increase of $115,314.
An additional change order is now needed. Below is a breakdown of what is included
in Change Order 4.
Manhole Exhaust Fan Replacement
City staff determined the manhole exhaust fan specified could present maintenance
issues if mounted outside as originally intended. To mitigate maintenance concerns,
the fan was mounted inside the manhole and protected from outside elements. This
cost represents the exhaust fan model change and re-routing of electrical power.
The total cost for this item is $3,735.
Unsuitable Foundation Material Adjustment
The original contract included this line item to address excavation and backfill of
unsuitable foundation material. Due to favorable existing foundation material, this
line item was not used. The total cost for this item is ($2,500).
Gas Safety Room Duct Modifications
The testing and balancing of the Gas Safety Room indicated that the largest
deficiency in the system is the pressure drop across the motor operated damper.
The extra pressure drop is causing the exhaust fan to not meet the required airflow.
To mitigate this issue, the damper should be removed from the system and replaced
with the necessary linear ductwork. This cost represents the necessary scaffolding,
labor, and materials to complete this work. The total cost for this item is $3,962.
The total cost for the change order is $5,197. The cost for each of the items have been
reviewed by City staff and the consulting engineers and determined to be reasonable. A
copy of the change order is attached. What follows is a summary of all project change
orders, cost of each change order, and the revised total contract amount.
Relocate 10” DG Piping
CIP Concrete Spec. Addition
Additional DG Pipe Fittings
8,267
6,920
7,876
Replace (2) 90 Degree Elbows with Tees
Replace Additional Piping
7,283
42,650
Shift Gas Safety Room Door
Replace Non-Classified Conduit
Replace Deteriorated Piping – DG Piping
Drainage Improvements – Culvert Add.
MAU Opening Location Change
DSP Conduit Replacement
2,213
17,842
7,918
8,909
1,497
3,939
Manhole Exhaust Fans
Foundation Material Adjustment
Duct Modifications
3,735
(2,500)
3,962
In addition to the costs associated with these changes, the overall project schedule has
been revised and working days have been added to account for the additional work. This
change order adds: 0 days to the Milestone 1 completion date (June 17, 2019); 0 days to
the Milestone 2 completion date (September 10, 2019); 0 days to the Substantial
Completion date (December 31, 2019); and, 188 days to the Final Completion date (now
September 1, 2020).
All work on Shank’s contract has been completed, and the work is ready for final
acceptance. A copy of the engineer’s statement of completion is attached.
The revised project budget is shown below.
Engineering fees 515,700
Original Contract 2,165,200
Change Order #1 23,063
Change Order #2 49,933
Change Order #3 42,318
Change Order #4 (This action) 5,197
Total Project Cost 2,801,411
Other work that has been authorized under the same Capital Improvements Plan account
number includes the following.
Jetco Electric 9,500
SCADA License Upgrade
Shank Constructors 244,138
Digester Cover Repairs
The available carryover of unspent funds from the FY 19/20 budget is $594,218. All
current year payments and remaining encumbrances total $531,456, leaving a remaining
balance of $62,762 from the originally authorized project budget.
ALTERNATIVES:
1. a.) Approve Change Order #4 in the amount of $5,197 to Shank Constructors Inc. of
Minneapolis, Minnesota.
b.) Accept final completion of the WPCF Digester Improvements Phase II Project and
authorize final payment in accordance with the contract to Shank Constructors
Inc. of Minneapolis, Minnesota.
2. Take no action at this time.
MANAGER'S RECOMMENDED ACTION:
The changes to the contract have been reviewed by the consulting engineers and City
staff to ensure the costs are reasonable and cost effective. Work associated with the
Water Pollution Control Facility Digester Improvements Phase II Project has been
completed in accordance with the plans and specifications. Therefore, it is the
recommendation of the City Manager that the City Council adopt Alternative No. 1, as
described above.
ITEM#: 22
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: 2019/20 PAVEMENT RESTORATION PROGRAM (SLURRY SEAL)
BACKGROUND:
This is an annual program for preventative and proactive maintenance activities to repair
and extend the lifespan of the City streets. This program allows for a wide variety of
pavement maintenance techniques to preserve and enhance City street infrastructure.
The techniques in this program are typically more specialized or larger in scope than can
be performed with City street maintenance staff.
The Slurry Seal project leveled dips in joints and provided a new thin wearing
surface for traffic. This work took place predominately on residential streets with the
disruption to residents being typically no more than one day.
On December 17, 2019, City Council awarded the project to Fort Dodge Asphalt
Company in the amount of $240,787.76. One change order was administratively
approved by staff. This balancing change order was a deduction in the amount of
$20,166.11. Work was completed in the amount of $220,621.65.
There is $250,000 of Road Use Tax funding allocated to this program annually in the
Capital Improvements Plan. These funds have been accumulated and carried over in
the current budget. A number of smaller pavement improvement and patching
projects have been funded through this program, leaving $367,909.72 of available
revenue to fund the project.
Remaining revenue will be utilized for other pavement restoration priorities.
ALTERNATIVES:
1.Accept the 2019/20 Pavement Restoration Program (Slurry Seal) project as
completed by Fort Dodge Asphalt Company of Fort Dodge, IA in the amount of
$220,621.65.
2.Direct staff to make changes to this project.
MANAGER’S RECOMMENDED ACTION:
This is project has been completed on time within the approved budget. The repairs in
this project have extended the lifespan of the City streets in the program and provided a
better travelling experience for users of the corridors and for those living in the
neighborhoods. Therefore, it is the recommendation of the City Manager that the
City Council adopt Alternative No. 1, as noted above.
Item No. 24
Staff Report
FACTORS TO CONSIDER IF IMPLEMENTING A CITYWIDE
FACE COVERING MANDATE
August 18, 2020
BACKGROUND:
At the July 14, 2020 City Council Meeting, Council directed staff to develop a process to
determine the appropriate time to implement a citywide face covering mandate. Such a
process would include gathering information on the rate of positive COVID-19 cases and
the community spread of the virus in Ames/Story County from local health sources
including Mary Greeley Medical Center, McFarland Clinic, and Story County Public Health;
monitoring guidance from the Iowa Department of Public Health, Story County Board of
Health, and the CDC. Additionally, the CDC has developed five COVID -19 Pandemic
Planning Scenarios that are designed to help inform public health officials in the areas of
viral transmissibility, disease severity, and pre-symptomatic and asymptomatic
contribution to disease transmission.
Following the analysis of the information collected, the factors listed below would be
considered to warrant a city-wide face covering mandate:
•The Intensive Care Unit at Mary Greeley Medical Center is at capacity;
•The percentage of positive COVID-19 cases in Story County reach 10% (“red
zone”) and continue rising;
•ISU and schools move to all virtual learning. Business reduce hours and/or close.
•The Governor’s Proclamation is amended to mandate face coverings in the State
of Iowa
In the Governor’s current Proclamation, face coverings are encouraged. The Attorney
General’s Office has issued an opinion stating that any local regulations requiring face
coverings are preempted by the Governor’s proclamations, therefore, cities and counties
do not have the authority to issue a face covering mandate since the Governor’s
proclamation is in place. In response to this, the City Council supported the Mayor sending
a letter to the Governor requesting she empower cities with the authority to implement
public health mandates such as face coverings in public, when circumstances warrant
doing so in our communities. To date, no such authority has been granted, but the City
has continued moving forward with promoting the Cyclones Care campaign and 4 pillars
of health: wear a face covering, social distance, wash hands, and stay home when ill.
Council has also approved a measure requiring face coverings in City buildings and during
some Parks and Recreation activities which took effect July 27, 2020.
ACTIONS TAKEN IN OTHER COMMUNITIES
Communities around the state have issued orders and proclamations pertaining to face
coverings and social distancing. Information was collected from 6 communities who have
taken some type of action adhering to or mandating public health guidance. A summary
of the responses is outlined as follows and copies of the documents are attached to this
Staff Report:
City Action Taken Effective Date
with recommended practices that reduce virus spread
including social distancing and use of face coverings.
and use of face coverings.
coverings by all persons
proclamation),
distribute face coverings,
property or public right o
of people at specified outdoor events
application with required public health measures.
Amendment
public health practices like
face coverings and sanitation supplies.
ordinance mandating face
coverings
Mayor’s Order mandating face coverings
indoors in public places and outdoors when
stay at least six (6) feet away from others,
Mayor’s Proclamation for city-wide face covering
mandate
outdoor public setting; exemptions provided.
In addition to the actions described above, the Story County Board of Health is currently
in the process of drafting a letter containing recommended guidance for local
government officials.
It’s equally important to take into consideration the challenges of enforcing any of the
measures described in this report. In most communities, the desire or expectation will
not be enforced. Both Iowa City and Muscatine indicate that either a misdemeanor or
municipal infraction would be cited to anyone in violation of the order. Iowa City further
states that citation shall be a last resort to obtain compliance.
OPTIONS:
Should Council wish to seek additional ways of alerting the public to the seriousness of
COVID-19 and the importance of practicing methods to mitigate the spread of the virus
such as wearing face coverings, social distancing, washing hands, and staying home
when ill, the following are options to consider:
1. Adopt a proclamation that places the expectation on people and businesses to
adhere to CDC public health practices that reduce the virus spread, specifically
wearing face coverings and social distancing of at least 6 feet.
2. Adopt a resolution that places the expectation on people and businesses to
adhere to CDC public health practices that reduce the virus spread, specifically
wearing face coverings and social distancing of at least 6 feet.
3. Continue current efforts with Cyclones Care messaging and the 4 pillars of health,
and the face covering requirement in City buildings.
4. Adopt an ordiance mandating face coverings to be worn indoors in public places
and outdoors when social distancing (at least 6 feet) cannot be achieved.
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Legal Department
To: Mayor Haila, Ames City Council
From: Mark O. Lambert, City Attorney
Date: August 7, 2020
Subject: Alternative legal theory about face-covering mandates.
At the July 14, 2020 Ames City Council meeting, I provided you with a memo
analyzing the legality of local face-coverings mandates. In that memo, I advised
that the Council should follow the Iowa Attorney General’s informal opinion that it
was not lawful for local governments to implement local face-covering mandates
while the Governor’s emergency proclamation regarding COVID-19 is in effect.
There is an alternative legal theory being discussed among municipal
attorneys in Iowa, and I wanted to let you know about that. Just to be clear,
my advice is still the same – the City should follow the Iowa Attorney
General’s informal opinion.
In a nutshell, the alternative theory goes like this:
1. The Iowa Attorney General’s office got it wrong.
2. The Governor’s current proclamation does not specifically address
Personal Protective Equipment (PPEs) such as face coverings, for
persons out in public. The proclamation does not explicitly prohibit cities
from adopting face-covering mandates.
3. Since the Governor’s proclamation is silent on face coverings, there is no
conflict with the proclamation if local governments implement face-
covering ordinances or proclamations. Normal home-rule authority legal
analysis applies, which is that the City has the authority to regulate on any
issue as long as it doesn’t conflict with state law.
4. A local face-covering mandate may be implemented by ordinance, or by
an emergency proclamation of the Mayor, per Iowa Code section
372.14(2) (“The mayor may…govern the city by proclamation upon making
a determination that a time of emergency or public danger exists.”).
This legal theory differs from the Attorney General’s office point of view, which
essentially says that the Public Health and Emergency Management chapters of
the Iowa Code give the Governor total authority over a public health emergency,
and that local governments can act only if the Governor delegates authority to
them, which she has not done.
As I noted in my previous memo, the law on this matter is uncharted
territory. Reasonable attorneys can disagree. I cannot say with certainty
that this alternative theory is incorrect. I still believe the Attorney General’s
informal opinion is correct. No one will really know until a court rules on
this.
So far, Iowa City, Muscatine, and Dubuque are the only cities that we’re aware of
that have issued face-covering mandates, but other cities apparently are
considering it. There is some thinking that because the Governor has not
threatened legal action against those cities, there will be no legal challenge by
the State against local governments who adopt such mandates. However,
perhaps the State just hasn’t decided to take legal action yet, or maybe the State
won’t take action with just three cities implementing face-covering requirements,
but it might if half-a-dozen cities do so. On the other hand, it might be a difficult
situation politically for the Governor to take legal action against the cities over this
issue. Also, there’s always the possibility that a citizen could file a lawsuit
challenging a local face-covering requirement. And of course, arguments about
whether the local mandate is lawful are quite likely to be brought up by someone
who is fighting a citation received for violating the local ordinance/order.
I just wanted you to be aware that this legal theory is being considered, and
acted upon, by some municipalities. If the Council should choose to follow
the lead of some other Iowa cities and mandate face coverings, that is a
reasonably defensible position. However, I repeat that my advice is to
follow the Attorney General’s informal opinion, and that I think the AG’s
informal opinion is correct.
#
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To: Mayor and City Council
From: Brian Phillips, Assistant City Manager
Date: August 18, 2020
Subject: FY 2020/21 City Council Travel and Conferences
In response to the potential for FY 2020/21 revenue shortfalls stemming from the
COVID-19 pandemic, City staff has suspended travel for conferences and training.
Excluded from this suspension are trainings that are required to maintain staff
licensure or other credentials.
It is not yet clear exactly what the impact of the pandemic will be on FY 2020/21
revenues; however, City staff is proceeding cautiously with expenditures until the
impacts can be fully known.
Some members of the City Council have expressed interest in attending a virtual
National League of Cities conference this fall. City staff recommends that prior to
taking any action, the entire Council should discuss whether this fiscal year: 1)
the Council should continue attending conferences, or 2) the Council should
refrain from attending conferences as a cost-saving measure.
The City Council’s adopted FY 2020/21 Budget contains $16,345 for conferences. FY
2019/20 and FY 2018/19 actual expenditures on conferences were $23,532 and
$26,776, respectively. Training and in-state travel for meetings are accounted for
separately from these amounts.
MEMO
Item No. 25
1
ITEM # 12 & 13_26
DATE: 06-09-20
08-18-20
COUNCIL ACTION FORM
SUBJECT: VACATION AND CONVEYANCE OF RIGHT-OF-WAY ADJACENT 2400
AND 2500 SE 16TH STREET
BACKGROUND:
City staff has received a request from James Bergkamp Jr., representing Van Wall
Equipment Inc., owner of 2400 and 2500 SE 16th Street, to vacate and purchase City
right-of-way (ROW) adjacent those properties (see Attachment A). The reason for this
request is to acquire additional land area to help facilitate the future development of these
lots.
The requested ROW vacation area is 13,926.5 square feet (SF) in size and is adjacent to
the south edge of 2400 SE 16th St (see Attachment B for a map). Apart from Van Wall,
there are no other property owners abutting this ROW.
As stated in the request, Van Wall has agreed to purchase the ROW, if vacated, at the
valuation determined by the City’s standard formula. That valuation is $28,410.06, which
is based on 2020 land values for comparable vacant properties in the vicinity minus 10%
for processing this as a Quit Claim Deed and 15% for retainage of the area as easements
(see Attachment C).
If vacated, this area would require a permanent easement for access and
maintenance of the existing entryway lighting enhancements along US Highway
30. In addition, local utilities were contacted and Ames Electric indicated that an
electric easement would also be needed over this area. All other utilities responded
that they do not have, nor plan to have, any of their infrastructure within this proposed
ROW vacation area.
The City’s Legal staff will be preparing easement documents. Ideally, the executed
easement will be received from Van Wall prior to the third reading of vacation and public
hearing approving conveyance on July 28, 2020. However, if the easement has not been
received at that time, the vacation and conveyance hearing may still proceed because
the City Clerk will withhold processing the conveyance until the executed easement is
received from Van Wall.
2
ALTERNATIVES:
1. a. Set the date of public hearing as June 23, 2020 for the first reading to approve
the vacation of the ROW area adjacent 2400 and 2500 SE 16th Street.
b. Set the date of public hearing as July 28, 2020 to approve the conveyance of
the vacated ROW to the owners of 2400 and 2500 SE 16th Street (Van Wall
Equipment Inc.) for $28,410.06 as determined by the adopted City Council
policy.
2. Retain this land and deny the request to vacate the ROW area adjacent 2400
and 2500 SE 16th Street.
MANAGER'S RECOMMENDED ACTION:
Vacation and sale of this ROW area will facilitate the future development of the properties
at 2400 and 2500 SE 16th Street. Furthermore, the ROW area is not large enough to be
developed individually and provides access to only Van Wall’s properties. Access to City
lighting and electric facilities will be maintained with establishment of the new easement.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as described above.
ORDINANCE NO. _____________
AN ORDINANCE TO VACATE THE RIGHT OF WAY LOCATED
FROM AND ALONG 2400 AND 2500 SOUTHEAST 16TH STREET
IN THE CITY OF AMES, IOWA.
BE IT ENACTED BY THE CITY COUNCIL FOR THE CITY OF AMES, IOWA:
Section 1. Findings. The City Council has authority, as described in Article III, Section
38A of the Constitution of the State of Iowa and in Iowa Code § 306.10 to vacate public rights of
way. The Council has previously given notice of and conducted a public hearing as required by
sections 306.11 and 306.12 of the Iowa Code, respectively. The City Council deems this
ordinance appropriate, and necessary to protect, preserve and improve the rights, privileges,
property, peace, safety, health, welfare, comfort and convenience of the City of Ames and its
citizens, all as provided for in and permitted by § 364.1 of the Code of Iowa.
Section 2. Vacation. The portion of right of way (located generally on the southern
boundary of and adjacent to 2400 and 2500 SE 16th Street) is hereby vacated where legally
described as follows: [See attached Exhibit ‘A’].
Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith are hereby
repealed to the extent of such conflict.
Section 4. Effective Date. This ordinance shall be in full force and effect from and after its
passage and publication as required by law.
Passed this _______ day of ______________, 2020.
______________________________ ______________________________
Diane R. Voss, City Clerk John A. Haila, Mayor
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: Cit Clerk, 515 Clark Avenue, Ames IA 5001
Document prepared by: Victoria A. Feilme er. Cit of Ames Le al Department, 515 Clark Ave., Ames, IA 50010 515 239 514
Exhibit ‘A’ – Legal Description (Vacated Right of Way)
The City of Ames public street right-of-way described and recorded in the Deed of Dedication,
Instrument Number 3091, Book 121, Pages 651 – 653, dated May 22, 1973, except that portion
conveyed to the State of Iowa and described in the Quit Claim Deed, Instrument Number 2016-
00010429, dated October 19, 2016, all in Story County, Iowa.
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MEMO
Item No. 42
To: Mayor and City Council
Cc: Steven L. Schainker, City Manager
Tracy L. Warner, P.E.; Municipal Engineer
From: John Joiner, P.E.; Public Works Director
Date: July 24, 2020
Subject: 07-28-20 Hearing for ROW Conveyance adjacent to 2400 SE 16th St
On the July 28, 2020, City Council agenda is a hearing for proposed conveyance of a
portion of vacated City right-of-way adjacent to the south edge of 2400 SE 16th
Street. City Council has previously directed that this old right-of-way be vacated and
conveyed to the property owner, Van Wall Equipment. However, an easement will be
needed to access electrical utility facilities and the decorative light columns along US
30. This easement has been created by City legal staff but has not yet been signed by
the property owner. Therefore, the hearing should be continued to the August 11,
2020 City Council meeting to allow time for the property owner to execute and
return the easement.
1
ITEM # _27__
DATE: 08-18-20
COUNCIL ACTION FORM
SUBJECT: UNIT #8 CRANE RENOVATION
BACKGROUND:
On June 9, 2020, City Council approved preliminary plans and specifications for the Unit #8
Crane Renovation. This project is for materials, equipment, and labor necessary for the
installation of equipment related to the renovation of the Unit #8 crane.
Bid documents were issued to 13 firms. 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 service with statewide circulation. The bid was also sent
to three plan rooms. On July 15, 2020, three bids were received as shown below:
Bidder Sales and/or Use taxes Lump Sum
Engineer’s Estimate -- $379,500
Miner Corporation dba MHC Systems,
LLC, Urbandale, IA $17,486.00 $269,876.00
Kistler Crane and Hoist, Omaha, NE $20,754.02 $323,711.02
Staff reviewed the bids and concluded that the apparent low bid submitted by Miner
Corporation dba MHC Systems, LLC, Urbandale, IA, in the amount of $269,876
(inclusive of Iowa sales tax) is acceptable.
MHC Systems has included optional pricing for LED lighting upgrades for the Unit 8 crane.
The Power Plant would like to include this option in the award pricing at an additional cost
of $3,330.00 (plus $233.10 sales tax).
Since the need for this work was not learned until the budget was finalized, this
project was not included in Electric Services’ FY 2019/20 CIP. Funding for this project
will come from savings in budgeted amounts for the Unit #7 Turbine Generator
Overhaul CIP project, which has $709,000 remaining. This is consistent with what staff
informed City Council at the time the preliminary plans and specifications were approved.
On July 28, 2020, the City Council accepted the report of bids and continued the hearing so
City staff could obtain information from references of the low bidder. The reference checking
is now complete to City staff’s satisfaction.
2
ALTERNATIVES:
1. Award a contract to Miner Corporation dba MHC Systems, LLC, Urbandale, IA, for
the Unit #8 Crane Renovation in the amount of $273,439.10 (inclusive of Iowa sales
tax).
2. Award a contract to another bidder.
3. Reject all bids and delay the repair which could eventually render the crane unreliable
and potentially create unsafe crane operation.
CITY MANAGER'S RECOMMENDED ACTION:
The crane is critical plant equipment used in completing major work on the
turbine/generators. This work should be completed before work begins on the Unit #8
Turbine Generator.
Therefore, it is the recommendation of the City Manager that the City Council adopt
Alternative No. 1 as stated above.
1
ITEM #: 28
DATE: 08-18-20
COUNCIL ACTION FORM
REQUEST: INTEGRATED SITE PLAN SUBDIVISION FOR 3619 STANGE ROAD,
INCLUDING THE NINETEENTH ADDITION TO NORTHRIDGE
HEIGHTS SUBDIVISION PRELIMINARY PLAT AND MAJOR SITE
DEVELOPMENT PLAN.
BACKGROUND:
Burgie’s Coffee & Tea Co. and Fareway Grocery request approval of an Integrated Site
Plan, which includes concurrent preliminary plat and Major Site Development Plan
approval. The request is for a proposed development at 3619 Stange Road that will add
a new building with a drive through to house a Burgie’s Coffee & Tea Co. in front of the
existing Fareway Grocery (Attachment A – Location Map). The proposed development
includes constructing a new building for the coffee shop in a space that is currently grassy
lawn on the east side of the Fareway lot. No changes are proposed to the Fareway. The
subject site totals 4.06 gross acres. The proposed subdivision includes two lots. The
combined site will maintain the existing access from Stange Road; there will continue to
be no access from Bloomington Road.
The concurrent review of a Major Site Development Plan and Preliminary Plat is required
as part of the Integrated Site Plan approval process. An Integrated Site Plan allows for
the subdivision of a site into individual lots with consideration of the site in its
entirety for evaluating access, circulation, maintenance, and compliance with
certain zoning development standards (setbacks, landscaping, parking, etc.) that
would otherwise apply to individual lots. Approval of an Integrated Site Plan allows
for more flexible application of most development standards through the approval of the
Major Site Development Plan, although the overall site must meet all minimum standards.
The site was originally platted in June of 2008 as Lot 2 of the Northridge Heights
Subdivision Twelfth Addition. The original preliminary plat for Northridge Heights was
approved in January of 2001 and subsequently amended. The land that abuts the site to
the north and east is commercially developed and zoned Convenience General Service,
CGS. The land to the west, containing the Grayhawk apartments, is zoned FS-RM,
Floating Zone Suburban Residential Medium Density. The land to the south across
Bloomington Road, containing Heartland Baptist Church, is zoned RS-RL, Floating Zone
Suburban Residential Low Density. (See Attachment B for full Zoning Map.)
The preliminary plat (Attachment C) subdivides the existing Fareway Grocery property
into two developable lots. The smaller lot primarily encompasses the grassy area adjacent
to Stange Road, which is located east of the current store. The integrated site plan
enables the two new lots to share the existing parking, the maximum building coverage
requirement (45%), and the minimum landscaped area requirement (25%). The total
building coverage proposed is 20.19%; the total landscaped area proposed is 25.18%.
The proposed lots both have frontage on a public street. The proposed plat meets
minimum lot area and dimension requirements. No additional right-of-way dedication is
proposed with the subdivision. A note on the plat indicates the entire site will have shared
access and parking for both lots.
The proposed Major Site Development Plan (Attachment D) accounts for all building
configurations, uses, and features of the site layout. The new building will have 1,703
square feet; the current Fareway is 34,000 square feet. An existing Well Fargo drive-up
ATM is to be removed. Two United States Postal Services mailboxes are to be moved
north by approximately 50 feet along the planned drive-through lane.
When the Fareway was approved in August of 2008, the minimum parking requirement
for a grocery store was one space per 150 square feet. The parking requirement for Retail
Sales and Services-General is now one space per 300 square feet. As a result of this
citywide change, the current calculation for a grocery stores use requires 113 parking
spaces. There are 184 parking spaces provided. The new development will reconfigure
14 spaces leaving a total of 172 parking spaces. This leaves 59 parking spaces available
for Burgie’s Coffee. Fast Food Restaurants are required to have 12 spaces per 1,000
square feet in the dining or waiting area. The new Burgie’s Coffee will have 780 square
feet in the waiting and dining area, requiring nine spaces. Both areas of the plat will have
shared access and parking, though the spaces nearest the proposed Burgie’s Coffee will
be used for the new building. On-site bicycle parking is to be provided at the southeast
corner of the new building.
The new Burgie’s will have a drive-through window on the west side of the building with
enough stacking space, as measured from the menu board to the north driveway
entrance, for four cars. Three cars can fit between the menu board and the drive-up
window (including the space at the drive-up window). Sec. 29.1303(2) of the Zoning Code
requires that stacking lanes “must be designed to provide adequate on-site maneuvering,
queueing and circulation area, so that stacking vehicles will neither impede traffic on
abutting streets nor interfere with vehicle circulation.” The drive-through configuration is
the most significant issue for this site plan. Staff has required five stacking spaces, as
measured from the menu board, for similar coffee shop drive-throughs for recent projects.
To address this concern, the north entrance is being restriped to create a left turn-lane
coming off Stange Road that will provide two additional stacking spaces before turning
into the drive-through lane.
The CGS Zoning (Convenience General Store) in Sec. 29.810(4) has specific
architectural standards. Building elevations are included (Attachment E). The building will
be clad in light-colored brick on all sides. The Architectural Standards for CGS require
that each façade facing a street, walkway or parking lot “shall be subdivided and
proportioned by openings, such as windows, or doors, and/or projecting structures, such
as arcades, arbors, or awnings, along no less than forty (40) percent of the length of the
façade.” The east wall, which faces Stange Road, and the south wall, which faces the
parking lot and Bloomington Road, comply with this standard. The west wall, which faces
the parking lot, did not comply at the time of the Planning and Zoning Commission review
but has since been revised and the design approved by staff. The Planning and Zoning
Commission recommendation thus contains a condition that has now been met.
The site requires front yard landscaping along Stange Road (location of the street
frontage for development of the new Lot 2), including overstory trees, shrubs, and
grasses. The proposed plan complies with the non-residential, front yard requirements of
Sec. 29.403(1)(A)(i)(d).
Additional analysis of the development with the Major Site Development Plan criteria is
included in the addendum.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on July 29th and voted 6-0-0 to recommend
that the City Council approve the Integrated Site Plan for 3619 Stange Road. This action
included a recommendation for the Major Site Development Plan with the following
conditions:
i. Prior to approval of the MSDP, modify the west façade to bring it into
compliance with the architectural standards in Sec. 29.810(4)(d)(ii).
(Applicant has updated the plans to satisfy this condition)
ii. Show the location of the proposed electric meter on the outside of the
building with corresponding adjustments to the nearby landscaping.
iii. Compliance with the City’s Outdoor Lighting Code.
The action also included recommendation of approval for the Preliminary Plat for
Northridge Heights Subdivision, Nineteenth Addition.
ALTERNATIVES:
1. Approve the follow requests:
A. The Major Site Development Plan, subject to the following conditions:
i. Show the location of the proposed electric meter on the outside of the
building with corresponding adjustments to the nearby landscaping,
subject to staff approval.
ii. Compliance with the City’s Outdoor Lighting Code subject to staff
approval.
B. The Preliminary Plat for the Northridge Heights Subdivision, Nineteenth
Addition, noting that prior to final plat all requirements of the integrated
subdivision for agreements and easements are to be reviewed and approved
by the City.
2. Approve the request for an Integrated Site Plan, which includes concurrent preliminary
plat and Major Site Development Plan approval, for the properties at 3619 Stange
Road, with modified conditions.
3. Deny the request for an Integrated Site Plan, which includes a concurrent Preliminary
Plat and Major Site Development Plan, for the properties at 3619 Stange Road if the
Council finds that the City’s regulations and policies are not met.
4. Defer action on this request and refer it back to City staff and/or the applicant for
additional information.
CITY MANAGER’S RECOMMENDED ACTION:
The proposed Integrated Site Plan is a partial redevelopment of an existing site. The
developer seeks to add a commercial use via gentle infill. The purpose of the Integrated
Site Plan review is to determine the overall layout, function, and building design meet City
standards as a collective site and not as individual lots. Key considerations for the
proposal are the design and location of buildings along street frontages, appropriate
landscaping and screening, drive-through capacity, access and circulation, and overall
parking supply.
The proposed new use, a coffee shop, complements the existing grocery store and that
of the nearby commercial and residential areas. Staff could not identify another coffee
shop within a half-mile of the subject site. The site location will likely capture morning
commuters traveling to Iowa State University, downtown, and most other parts of the city.
With the conditions of approval, staff finds that the project meets the design principles of
an Integrated Site Plan, subdivision standards, and the standards of the Major Site
Development Plan.
Therefore, it is the recommendation of the City Manager that the City Council act
in accordance with Alternative #1, which is to approve the request for an Integrated
Site Plan, which includes concurrent Preliminary Plat and Major Site Development
Plan, for the properties at 3619 Stange Road with the noted conditions.
ADDENDUM
PROJECT DESCRIPTION:
The project site is a parcel of land totaling 4.06 acres fronting on Bloomington and Stange
Roads. Vehicle access is only from Stange Road. The proposed development will divide
the existing lot into two lot: the larger lot containing the existing Fareway will be 3.66
acres; the smaller lot to contain Burgie’s Coffee is 0.4 acres.
Parking. The parking for the development will all be on Lot 1 (Fareway). Shared access
and parking agreements are required. A note has been added to the preliminary plat, as
required, that states all parking areas, drives, sidewalks, fire lanes, etc. are for the
common use of all lots within the subdivision. Adequate parking, as required by the Zoning
Code, is provided.
Lot # Building/
Suites Requirement Spaces
Required
Spaces
Provided
1 Fareway Grocery Grocery Store 34,000 Sq. Ft. 1/300 Sq. Ft. 113
172
& Tea Co. (780 Sq. Ft. of dining in dining or
Landscaping. Convenience General Service zoned properties are required to adhere to
the landscaping requirements in Sec. 29.403 and to provide a minimum of 25% open
space. The benefit of the Integrated Site Plan is that this 25% can be applied across the
entire development rather than on a per lot basis. The amount of open space provided
meets the 25% requirement. This open space area is made of green space principally
along the perimeter of the site.
Landscaping is required for Lot 2 and the adjacent parking on Lot 1. The landscaping for
Fareway was compliant at the time of development and no alterations to that approved
plan are required. The required number of trees is provided on Lot 2 along Stange Road.
Existing trees are within the right-of-way for Stange Road. The required planting depth is
shown. The landscaping calculations for shrubs and grasses match the amount as
calculated by Staff. The new landscaping will have five overstory trees, 48 shrubs, and
72 grasses.
Overstory trees are required for new development. Existing trees in the parking lot median
between the proposed building and Fareway are ornamental. The applicant has agreed
to replace all four ornamental trees with four overstory trees in the same locations.
All sidewalks along public streets exists and will remain. Private sidewalks will be provided
along buildings and connection will be provided to public walks.
Building Elevations. Building elevations are included in this report. (Attachment E –
Building Elevations). The CGS zoning mandates architectural standards, including
architectural theme, height, materials, façade treatment, roof design, and pedestrian
entrances.
The building is similar in scale (one story) and in material (brick) to other nearby buildings.
The brick will be light color, with two complementary shades.
The new structure will have a drive-through on the west side. Vehicles will enter the queue
for the window to the north.
The west façade facing the parking lot did not comply with the requirements in Sec.
29.810(4)(d)(ii) at the time of the Planning and Zoning Commission review. This
regulation requires that the façade be “subdivided and proportioned by openings, such
as windows or doors, and/or projecting structures, such as arcades, arbors, or awnings,
along no less than forty (40) percent of the length of the façade.” The applicant has added
an architectural element that staff has accepted.
The building elevations do indicate lighting will be located on the buildings. Fixture
information was not provided. It should be noted that all lighting on buildings and in
parking areas will need to comply with the City’s Outdoor Lighting Code.
Infrastructure. The site is fully served by City infrastructure. Electric Services will be
supplied by the City of Ames electric service territory. Easements are shown on the
Preliminary Plat/Site.
Storm Water Treatment. The site is subject to conformance with Municipal Code
Chapter 5a and 5b requirements for storm water control and treatment. The Public Works
Department has reviewed the submitted plans and has concluded that existing
stormwater facilities can handle the increased runoff from the construction of the building.
Access/Traffic. Vehicular access is currently provided to the site from Stange Road. The
existing vehicular access points will remain in the same location and configuration. The
northern entrance will be restriped to provide a left-turn lane for the parking and drive-
through for Burgie’s. An existing ingress / egress easement, providing access to a
Banker’s Trust branch, at the north entrance will remain.
Major Site Development Plan Criteria.
The standards are found in Ames Municipal Code Section 29.1502(4)(d) and include the
following requirements. When acting upon an application for a Major Site Development
Plan approval, the Planning and Zoning Commission and the City Council shall rely upon
generally accepted site planning criteria and design standards. These criteria and
standards are necessary to fulfill the intent of the Zoning Ordinance, the Land Use Policy
Plan, and are the minimum necessary to safeguard the public health, safety, aesthetics,
and general welfare. See Attachment F for a full review of the individual Development
criteria for the Major Site Development Plan.
Public Notice. Notice was mailed to property owners within 200 feet of the subject site
and a sign was posted on the subject property. As of this writing, no comments have been
received.
Attachment A
Location Map
Attachment B
Zoning Map
Attachment C
Preliminary Plat
Attachment D
Major Site Plan
Attachment E
Building Elevations
Attachment F
Major Site Development Plan Criteria.
1. The design of the proposed development shall make adequate provisions for
surface and subsurface drainage to limit the rate of increased runoff of surface
water to adjacent and downstream property.
The Public Works Department has reviewed the proposed development and is
satisfied that the regional detention will be able to handle the increase in impervious
coverage created by the new building and its accompanying patio.
2. The design of the proposed development shall make adequate provision for
connection to water, sanitary sewer, electrical, and other utility lines within the
capacity limits of those utility lines.
The existing utilities were reviewed and found adequate to support the anticipated
load of the proposed development. There are no offsite upgrades needed to serve
the site for any utility.
3. The design of the proposed development shall make adequate provision for fire
protection through building placement, acceptable location of flammable
materials, and other measures to ensure fire safety.
The fire inspector has reviewed access and fire truck circulation and found that the
needs of the fire department are met for access and circulation. The main access to
the site is from Stange Road, a public street. The site also fronts on Bloomington
Road.
4. The design of the proposed development shall not increase the danger of
erosion, flooding, landslide, or other endangerment to adjoining and
surrounding property.
It is not anticipated that this proposed development will be a danger due to its location
on the site, the flatness of the parcel, and the distance from a floodplain.
5. Natural topographic and landscape features of the site shall be incorporated
into the development design.
The developer is working with the existing topography of the site, which is generally
flat. The disturbed areas of the site, the new Lot 2, are required to come into
compliance with current landscape requirements.
6. The design of the interior vehicle and pedestrian circulation shall provide for
convenient flow of vehicles and movement of pedestrians and shall prevent
hazards to adjacent streets or property.
The proposed development will continue to take access from Stange Road using the
existing vehicular entrances. North-bound automobiles will continue to turn left onto
the property from the northern curb cut; south-bound automobiles will continue to turn
right at either of the two entrances. The northern entrance will be restriped to create
one outbound lane and two inbound lanes: one to go straight towards Fareway and
the other to turn left towards Burgie’s.
Angled parking is oriented so that vehicles entering from the northern entrance can
turn left and go south into the parking spaces or the drive-through. All interior private
sidewalks will continue to connect with the public sidewalk system that is already in
place.
The Ames Traffic Division reviewed the project and the vehicle access and is satisfied
with the configuration and the changes to the interior of the site. Of concern was the
truck delivery to the Fareway Grocery, which accesses the property from the northern
entrance. Trucks wend their way through the parking to the loading dock on the
southwest side of the existing building. The applicant has addressed this concern by
proposing to restripe the northern entrance with an incoming lane for heading west
towards Fareway, an incoming lane for heading south towards Burgie’s Coffee, and
an outgoing lane for turning in either direction onto Stange Road.
7. The design of outdoor parking areas, storage yards, trash and dumpster areas,
and other exterior features shall be adequately landscaped or screened to
minimize potential nuisance and impairment to the use of adjoining property.
The existing site parking areas will be retained. The new Burgie’s Coffee building and
its landscaping will provide significant greater screening of the parking lot than
currently exists. A new ADA compliant parking space will be provided near the
Burgie’s entrance.
A new dumpster enclosure is on the north side of Burgie’s.
The applicant is proposing 9 new trees, 48 new shrubs, and 72 new grasses for the
landscaping.
8. The proposed development shall limit entrances and exits upon adjacent
streets in order to prevent congestion on adjacent and surrounding streets and
in order to provide for safe and orderly vehicle movement.
All existing access into the development will remain at their existing locations. No new
driveway entrances will be created.
9. Exterior lighting shall relate to the scale and location of the development in
order to maintain adequate security, while preventing a nuisance or hardship
to adjacent property or streets.
All lighting will be required to comply with the City’s Outdoor Lighting code, Section
29.411. Building lighting must also meet downlighting requirements.
10. The proposed development shall ensure that dust and other forms of air
pollution, noise disturbances, odor, glare, and other nuisances will be limited
to acceptable levels as prescribed in other applicable State and City
regulations.
The proposed development is not expected to generate any nuisances.
11. Site coverage, building scale, setbacks, and open spaces shall be in proportion
with the development property and with existing and planned development and
structures, in adjacent and surrounding property.
The proposed development complies with the site coverage requirements, which in
CGS requires a minimum of 25% landscaped area. The site proposes 25.18%
landscaped area.
The proposed layout of the development is consistent with surrounding commercial
development. The surrounding commercial structures are all single-story. The
maximum allowable building height is 30 feet; the proposed structure is 19 feet, 4
inches to the top of the parapet wall.
The development complies with all minimum setbacks.
The approval of an Integrated Site Plan allows some benefit by allowing some site
development regulations to be applied across the entire site rather than on an
individual lot basis allowing for a more condensed site compared to individual lot
development.
Attachment G
Applicable Subdivision Law
The laws applicable to this Preliminary Plat Subdivision include, but are not limited to, the
following: (verbatim language is shown in italics, other references are paraphrased):
Code of Iowa Chapter 354, Section 8 requires that the governing body shall determine
whether the subdivision conforms to its Land Use Policy Plan.
Ames Municipal Code Chapter 23, Subdivisions, Division I, outlines the general
provisions for subdivisions within the City limits and within two miles of the City limits of
Ames.
Ames Municipal Code Section 23.302(3):
(3) Planning and Zoning Commission Review:
(a) The Planning and Zoning Commission shall examine the Preliminary Plat, any
comments, recommendations or reports assembled or made by the
Department of Planning and Housing, and such other information as it deems
necessary or desirable to consider.
(b) Based upon such examination, the Planning and Zoning Commission shall
ascertain whether the Preliminary Plat conforms to relevant and applicable
design and improvement standards in these Regulations, to other City
ordinances and standards, to the City’s Land Use Policy Plan, and to the City’s
other duly adopted Plans.
Ames Municipal Code Section 23.302(4):
Planning and Zoning Commission Recommendation: Following such examination and
within 30 days of the regular meeting of the Planning and Zoning Commission at which a
complete Application is first formally received for consideration, the Planning and Zoning
Commission shall forward a report including its recommendation to the City Council. The
Planning and Zoning Commission shall set forth its reasons for any recommendation to
disapprove or to modify any Preliminary Plat in its report to the City Council and shall
provide a written copy of such reasons to the developer.
23.700 SUBDIVISION FOR INTEGRATED SUBDIVISIONS
23.702. APPLICABILITY.
(1) The subject site shall consist of one or more legally created lots.
(2) The property must be zoned commercial, industrial, medium density residential or high
density residential.
(3) Residential development under these provisions is limited to apartment dwellings only.
(4) The subdivision must be associated with a Major Site Development Plan under
Chapter 29.1502. Within this context, the Major Site Development Plan will be considered
and referred to as an Integrated Site Plan.
REVIEW PROCEDURE.
An Integrated Site Plan Subdivision is subject to the same review process and decision criteria as
Major Subdivision (Section 23.302); and an Integrated Site Plan is subject to the same review
process and decision criteria as a Major Site Development Plan (Section 29.1502). Although the
subdivision and site plans are separate documents, they are reviewed and processed
simultaneously, and an Integrated Site Plan Subdivision incorporates by reference all documents
of an approved Integrated Site Plan.
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Item #: _29_
Staff Report
REQUEST FROM DICKSON JENSEN FOR SIDEWALK WAIVER ADJACENT
THE BRICKTOWNE DEVELOPMENT
August 18, 2020
BACKGROUND:
The Bricktowne project was approved in 2017 and included a development
agreement along with subsequent Final Plat and Planned Residence District
(PRD) Major Site Development Plan approvals. (Attachment A: Location Map)
The construction of Highway 69 improvements by the City and the installation of
five-foot sidewalks by the developer are component s of the development
agreement and the project approvals. Based upon the City’s Municipal Code
standards and the associated agreements for the project, staff informed the
property owner, Dickson Jensen, in July 2020 that staff would no longer issue
building permits and grant apartment occupancy permits for the site due to the
lack of construction of the required sidewalk.
In response to the City staff comments, Mr. Jens en requests that City Council
waive the requirement for installation of the sidewalks for reasons related to
conditions of the ditch in the right-of-way and that the sidewalk does not connect
to other areas. The request describes a number of different requests related to
the two individual segments of sidewalks, one segment is for the residential area
at the south end of the site and one segment for the commercial area at the north
end of the site. (Attachment B: Developer’s Request)
Development of the site was first addressed with approval of a contract rezoning
development agreement in November 2016 when the site was rezoned from
Highway-Oriented Commercial to Residential High Density, subsequently
modified to a PRD zoning district. As part of the rezoning process the City entered
into an agreement outlining certain restrictions on use of the site, developer
obligations for public improvements and additional regional stormwater
improvements, and City of Ames obligations for Highway 69 improvements.
The agreement specifically calls out sidewalk improvements, including off-site
improvements across the cemetery frontage, as the developer’s responsibility
based upon phasing of the project or as approved by City Council. (Attachment
C-See Section III). The commercial frontage sidewalk is required within 12
months of completing the road. The agreement did not specify any specific
conditions regarding the adjacent right-of-way following the completion of the
road improvements. Section V. also notes that the plans were conceptual in
nature and subsequent approvals would conform to City standards.
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The Developer proceeded to seek Preliminary Plat and Site Development Plan
approval for the site in July 2017. City Council approved the project plans
consistent with City Subdivision standards of Chapter 23 for sidewalk installation
and a Major Site Development Plan showing the planned improvements of front
yard landscaping and sidewalk along Highway 69 as a developer improvement.
The final plat was approved in November of 2017 and included the City’s standard
sidewalk deferral agreement (Attachment D) allowing for posting of financial
security and up to a three-year deferral, including the ability for the City to withhold
permits if the sidewalks are not completed.
The City started construction of the Highway 69 improvements in the summer of
2018. City engineering staff communicated with the developer’s representative
during the design of the project and during its construction about the ditch design
and leaving a flat “bench” along the property’s frontage to allow for sidewalk
installation. The Iowa Department of Transportation and City of Ames accepted
the highway improvements as complete in October 2019 and closed out the
project at that time. Staff responded to complaints about slope stability in the
spring of 2020. There is currently a bench that is rough graded in the right-of-way
for the sidewalk.
The developer started development of the project at the south entrance to the
project at Jade Street and received the first apartment building occupancy
approval in January 2019, with the condition that front yard landscaping and
sidewalk installation were still needed. (Attachment E-Site Plan) Subsequently,
five additional buildings have received an occupancy permit and two other
buildings are still under construction. A Kum & Go station was constructed at the
north end of the site at the Crystal Street intersection with the required sidewalk
in 2019.
The developer received a permit from DOT for the sidewalk in September 2019.
The developer later received correspondence from DOT in April 2020 stating DOT
wanted four feet of separation from the sidewalk to the top of the ditch backslope.
The developer then indicated to City staff that he felt the ditch was unsafe and
the developer would not install the sidewalk. Staff indicated the developer was
responsible for any needed improvements to meet DOT requirements and the
sidewalk was still required per the approved plans and agreements. Staff also
indicated that an alternative location would be acceptable as a sidewalk
easement or a dedication of five additional feet of right-of-way to meet all
standards.
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OPTIONS:
OPTION 1:
Waiver of 500 feet of sidewalk at south end of the site and defer the
construction of the commercial frontage until development of that portion
of the site. (Applicant’s Request #1)
The developer takes issue with the timing and constructability of the sidewalk
installation. The developer states that the sidewalk in front of 120 Jade Street is
not constructible with the ditch in its current condition and it should be waived as
a requirement due to this condition The developer also prefers to wait to construct
the commercial sidewalk until there is development on the site
With this option the developer would not build most of the sidewalk that was
originally required. City Council would have to grant the waiver of sidewalk
construction per requirements of the Subdivision Code that it is impracticable to
construct at this time and require financial security for its future construction or
waive the improvement in its entirety.
OPTION 2:
Defer construction to coordinate with a future sidewalk in front of the
cemetery (Applicant Request #2).
The developer indicates as a separate option that all sidewalks could be deferred
until the City completes the intervening segment of sidewalk in front of the
cemetery. In the original development agreement, the Developer was also
responsible for constructing this segment as well. However, due to the lack of
right-of-way after construction of Highway 69 the developer is not required to
complete this segment as additional space is needed for the sidewalk to be
installed. The City could choose to program a future sidewalk project to fill the
gap or wait for future development on the site to trigger sidewalk improvements.
There is no CIP project for this sidewalk gap at this time to coordinate with the
developer’s requirement.
With this option the Council would need to agree to an amendment to the
agreement to outline what coordination is required and timing for performance by
the Developer. This option does not seem to address the Developer’s concern
about the right-of-way condition and DOT’s request for additional space. The
Public Works Department has no intention to modify the ditch from its current
design.
OPTION 3:
Require completion of the sidewalks by the developer per the original
development agreement
Completion of sidewalks is a developer responsibility for all new subdivisions and
developments within the City. The City established an expectation of completing
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the sidewalk concurrent with development and within 12 months of completing
the road project. Although the developer does not feel the ditch condition is
satisfactory, the project was reviewed and accepted by the City and DOT as
complete in October 2019. The developer is then responsible for completing the
north commercial segment by October 2020. Additionally, the City agreed to
allow for temporary deferral based upon the standard sidewalk agreement until
occupancy of the apartment buildings or three years, whichever comes first. Eight
apartment buildings have received final or temporary occupancy without
completion of the sidewalk along Jade. The three-year deadline will be reached
in November 2020.
Due to these agreements and City codes, the developer is responsible for
completing the improvements regardless of right-of-way conditions. The City
would accept the original sidewalk location or an adjusted location to
accommodate the DOT’s separation requirement. To enforce this option, the
City could withhold permits for non-compliance or even use the posted
financial security to complete the improvements by the City at the
developer’s expense.
OPTION 4:
Accept developer cash-in-lieu and land dedication
The City Council could accept a cash-in-lieu payment for the 500 feet of sidewalk
near Jade to be completed at the time of a future city project for sidewalks in front
of the cemetery. Additional space (approximately 5’) is also needed to allow for
the construction of the sidewalk and meet DOT guidance with dedication of an
easement or right-of-way. This option would require the City to obtain an
easement across the cemetery frontage and plan for an infill sidewalk to be
constructed, or wait for future improvements at the cemetery to match up with the
Bricktowne project. The developer has not indicated that they would support this
option at this time.
Staff believes this option would require the payment and dedication of additional
space in a relatively short time frame in order to allow the issuance of upcoming
apartment building permits. Staff would need to prepare a formal estimate and
complete agreements with the developer to accomplish this option.
STAFF COMMENTS
Staff has been in contact with the developer for at least a year and a half to have
the south segment of sidewalk installed. The granting of occupancy permits has
continually been based on the expectation of performance of constructing the
sidewalk. Staff has indicated the developer can complete the sidewalk per their
approved plans or modify the plan to place it in an easement or in additional right-
of-way. Staff has tried to be flexible in terms of phasing and timing while
maintaining compliance with City standards and agreements.
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Upon notification to the developer in July that additional permits would not be
granted, the applicant addressed City staff about their concerns about the ditch.
The City did not specify or commit to any specific ditch condition other than
providing the bench as was discussed originally with the applicant. Neither
the developer nor staff identified any specific standards that have not been
met for the highway project and does not believe the City is responsible for
additional right-of-way work. Minor sloughing of the slopes from this past
winter has been corrected.
Staff supports Option 3 as being consistent with standard City practices.
Additional delay or waiver of the installation is not consistent with standard
policies of the City. The developer is able to achieve the desired outcome with
modifications to their plans or by implementing their own approved plans as is
expected of all development. Completing the project would likely be at a lower
cost by the applicant than by the City.
Construction of the commercial sidewalk segment should occur consistent with
the City’s standard requirements and the agreement, which is October 2020. The
commercial sidewalk can easily be connected to the existing sidewalk segment
in front of Kum & Go.
If the City Council is interested in a partial deferral, staff would support
Option 4 where the City has control and responsibility for its
implementation. Staff suggests that if this option is desirable that it would need
to be agreed upon by the developer and executed with the City in relatively short
amount of time, no later than September 22, 2020. If it is not agreed to by then,
the project would then be held to the original development timeframes for
competition of sidewalks this fall.
120 Jade Street
5' Sidewalk to be installed by Developer per Agreement.
Cemetery Frontage
5' Sidewalk to be installed by Developer.3117 S Duff Ave
´Attachment ALocation & Sidewalk Exhibit
Attachment B: Developer's Request
Attachment C: Developer's Agreement
Attachment D: Sidewalk Agreement
Attachment E: Approved Site Plan with 120 Jade St Sidewalk
Exhibit E: Continued