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HomeMy WebLinkAbout~Master - June 10, 2025, Regular Meeting of the Ames City Council1.Motion approving payment of claims 2.Motion approving Report of Change Orders for period of May 16-31, 2025 3.Motion approving Summary of Minutes of the Regular Meeting of the Ames City Council on May 27, 2025, and Special Meeting on June 4, 2025 4.Motion approving New Special Class C Retail Alcohol License - Ichiban Ames LLC, 117 Welch Avenue 5.Motion approving new 5-Day (June 16 - June 21, 2025) Special Class C Retail Alcohol License with Outdoor Service - Thirsty Pigs, LLC, 2320 Chamberlain Street, Ames Summertime Series 6.Motion approving new 5-Day (June 26 - June 30, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar, 1930 East 13th Street 7.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Iowa State @ Fisher Theater Class C Retail Alcohol License b. Iowa State @ Scheman Building Class C Retail Alcohol License c. Texas Roadhouse, 519 S Duff Ave Class C Retail Alcohol License d. Courtyard by Marriott, 311 S. 17th St Class C Retail Alcohol License e. Morning Bell Coffee Roasters, 111 Main St Class C Retail Alcohol License f. Main 3326 LW (Board & Brush) 3326 Lincoln Way Special Class C Retail Alcohol License g. Jethro’s BBQ, 1301 Buckeye Ave Class C Retail Alcohol License h. 313 Bar, 115 5th Street, Class C Retail Alcohol License 8.Motion approving requests from Octagon Arts Center for Octagon Art Festival on September 28, 2025: a. Resolution approving closure of the following streets from 5:00 a.m. to 6:00 p.m.: i. Main Street, east of Clark (not blocking Wells Fargo Driveway) to just west of Duff Avenue (allowing traffic to access parking lot behind businesses ii. Douglas Avenue, 5th Street to Main Street iii. Kellogg Avenue, south of alley to Main Street iv. Burnett Avenue, south of alley to Main Street AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL JUNE 10, 2025 NOTICE TO THE PUBLIC: The Mayor and City Council welcome comments from the public during discussion. The Standards of Decorum, posted at the door and available on the City website, define respectful conduct for public participation. If you wish to speak, please fill out the form on the tablet outside the door to the Council Chambers or scan the QR Code to the right to fill out the same form on a personal device. When your name is called, please step to the microphone, state your name for the record, and keep your comments brief so that others may have the opportunity to speak. CALL TO ORDER : 6:00 p.m. CONSENT AGENDA : All items listed under the Consent Agenda will be enacted by one motion. There will be no separate discussion of these items unless a request is made prior to the time the Council members vote on the motion. 1 b. Resolution approving waiver of costs for electricity during the event ($10 estimated loss) c. Motion approving Blanket Temporary Obstruction Permit for the Central Business District d. Motion approving Blanket Vending License for duration of the event e. Resolution approving waiver of fee for Blanket Vending License ($50) 9.Ansley Subdivision, Third Addition Final Plat a. Resolution approving Public Improvement Agreements b. Resolution approving Final Plat 10.Resolution approving Ames Regional Economic Alliance agreement for FY 2025/26 11.Resolution approving Professional Services Agreement with Olsson, Inc. of Des Moines, IA, for the creation of a Traffic Systems Management and Operations (TSMO) Plan in an amount not to exceed $149,950 12.Resolution approving Cooperative Services Agreement with Prairie Rivers of Iowa RC & D (PRI) for the implementation of the 2021-2030 Story County Water Monitoring and Interpretation Plan in the amount of $56,740 13.Resolution approving Property Brokerage Agreement with Willis Towers Watson in the amount of $57,750 for July 1, 2025 through June 30, 2026 14.Resolution approving renewal of Property Insurance Coverage for FY 2025/26 at a combined quoted premium of $1,000,963 15.Resolution accepting renewal quote of the City's membership in the Iowa Communities Assurance Pool (ICAP) in an amount not to exceed $838,675.52 16.Resolution approving contract renewal with ABM Industry Groups, LLC, of Des Moines, IA for Custodial Services for Ames Public Library for the period from July 1, 2025 through June 30, 2026 in an amount not-to-exceed $98,184 17.Resolution awarding contract to InfoSend Inc. of Downers Grove, IL, for print to mail services in the amount of $216,500 18.Resolution waiving the City's Purchasing Policy requirement for competitive bidding and authorizing City staff to enter into FY 2025/26 software maintenance contract with Superion, LLC, a CentralSquare Company, at an estimated cost of $261,081.67 19.Resolution waiving the City's Purchasing Policy requirement for competitive bidding and awarding a five-year contract with MCG Energy Solutions, LLC, Minneapolis, MN, for MISO Market Participant Services for the period of July 1, 2025 through June 30, 2030 in the amount of $635,181.84 20.Resolution waiving the City's Purchasing Policy requirement for competitive bidding and awarding contract to Marshall County Landfill, Marshalltown, IA, for landfill tipping fees for ash disposal for the Power Plant in the amount of $100,000 21.Resolution waiving the City's Purchasing Policy requirement for competitive bidding and awarding single source contract to Seiler Instrument & Manufacturing Co. of Urbandale, IA, in the amount of $59,016.50 for purchase of Trimble X7 3D Laser Scanner and Tridone RCV Remote Survey Boat 22.Resolution approving contract and bond for 2024/25 Accessibility Enhancement Program with TK Concrete, Inc. of Pella, IA, in the amount of $88,250 23.Resolution approving contract and bond for 2024/25 Airport Entryway Improvements with TK Concrete, Inc. of Pella, IA, in the amount of $554,055 24.Resolution approving contract and bond for 2024/25 South 16th Street Roadway Widening with Con-Struct, Inc. of Ames, IA, in the amount of $3,625,832.10 25.Resolution approving contract and bond for the Emergency Generator System for the Power Plant with Van Maanen Electric, Inc. of Newton, IA, in the amount of $310,670 26.Resolution accepting completion of the FY 2024/25 biosolids disposal contract with 2 Wulfekuhle Injection & Pumping of Peosta, IA, in the final amount of $106,626.61 27.Resolution accepting Dedication of Right of Way for 24th Street and Hoover Avenue with a Plat of Survey 28.Hearing on Annexation of former Borgmeyer farm property and other properties along George W. Carver and Hyde Avenue, north of Ames' corporate limits: a. Resolution approving Annexation 29.Hearing on proposal to vacate existing Electric Utility Easement at 2125 Isaac Newton Drive a. Resolution approving vacating Electric Utility Easement 30.Resolution approving suspension of enforcement of Municipal Code Section 17.16 related to minors on premises on June 18, 2025, for Ames Summertime Series - Campustown 31.Resolution Approving Spring FY 2024/25 Downtown Facade Grants 32.First passage of ordinance to comply with new state law regarding citizen review boards of police and repeal Ames Resident Police Advisory Committee (ARPAC) 33.First passage of ordinance amending Game Day and Special Events Parking Penalty a. Motion to suspend the rules to allow Second and Third reading and adoption of ORDINANCE NO. 4557 34.First passage of ordinance relating to Fireworks a. Motion to suspend the rules to allow Second & Third reading and adoption of ORDINANCE NO. 4558 35.Second reading of ordinance relating to establishing the Urban Revitalization Plan for 329 Southeast 5th Street 36.Second reading of ordinance rezoning 113 North Dakota from Residential Low Density (RL) to Residential Medium Density (RM) with a Planned Unit Development Overlay (RM PUD) 37.Third reading and adoption of ORDINANCE NO. 4556 relating to a Zoning Text Amendment modifying Billboard standards and creating new Digital Display standards 38.Participation with agencies, boards and commissions: a. Discover Ames (ACVB) b. Ames Regional Economic Alliance (AREA) c. Story County Emergency Management Agency (SCEMA) d. Ames Transit Agency Board of Trustees 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. HEARINGS: ADMINISTRATION: PLANNING AND HOUSING: ORDINANCES: DISPOSITION OF COMMUNICATIONS TO COUNCIL : REPORT OF GOVERNING BODY: COUNCIL COMMENTS : 3 ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 4 To:Mayor & City Council From:Renee Hall, City Clerk Date:June 6, 2025 Subject:Report of Contract Change Orders Item No. 2 MEMO The Report of Change Orders is for the period of May 16-31, 2025, is attached for your review and consideration. ATTACHMENT(S): Change Order Report - May 16-31, 2025.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 5 REPORT OF CONTRACT CHANGE ORDERS Department General Description of Contract Contract Change No. Original Contract Amount Contractor/ Vendor Total of Prior Change Orders Amount this Change Order Change Approved By Purchasing Contact (Buyer) Public Works FY2023/24 Airport Improvement Program (Wildlife Fence Project) 1 $2,616,005.00 Minturn, Inc. $0.00 $-(13,378.00) D. Pregizter KS Water & Polluntion Control FY 22/23 Story County Edge of Field Project 1 $221,609.07 Hands On Excavating, LLC $0.00 $2,074.85 J. Dunn KS Electric Services Ash Pond Closure and RDF Ash Pond Reconstruction 3 $2,606,093.15 JB Holland Construction Inc. $526,251.79 $45,345.60 B. Phillips AM Parks and Recreation Tree Trimming and Removal Program 1 $85,000.00 Ames Story Tree and Lawn $0.00 $11,518.45 J. Thompson QE $ $ $ $ $ $ Period: 1st – 15th 16th – End of Month Month & Year: May 2025 For City Council Date: June 10, 2025 6 To:Mayor & City Council From:City Clerk's Office Date:June 6, 2025 Subject:Approval of Minutes Item No. 3 MEMO Attached are the minutes from the Regular Meeting of the Ames City Council on May 27, 2025, and Special City Council Meeeting on June 4, 2025, for your review and consideration. ATTACHMENT(S): C25-0527 Summary.pdf C25-0604.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 7 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO) TRANSPORTATION POLICY COMMITTEE AND REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 27, 2025 CALL TO ORDER: The Ames Area Metropolitan Planning Organization (AAMPO) Transportation Policy Committee meeting was called to order by Ames Mayor and voting member John Haila at 5:59 p.m. on the 27th day of May, 2025. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Gloria Betcher, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ames; Anita Rollins, City of Ames; Scott Longhorn, Boone County Board of Supervisors; and Linda Murken, Story County Board of Supervisors. Emily Boland, Ames Transit Agency Board of Trustees, joined the meeting telephonically. CONSENT AGENDA: Moved by Betcher, seconded by Murken, to approve the consent agenda. 1. Motion approving Draft FFY 2026-2029 Transportation Improvement Program and setting July 8, 2025, as date of public hearing 2. Motion recommending Ames City Council approval of Professional Services Agreement with Olsson, Inc. of Des Moines, Iowa for the creation of a Traffic Systems Management and Operations (TSMO) Plan in an amount not to exceed $149,950 Vote on Motion: 10-0. Motions declared carried unanimously, signed by the Chair, and hereby made a portion of these Minutes. HEARING ON FY 2026 TRANSPORTATION PLANNING WORK PROGRAM: Transportation Planner Kyle Thompson stated that the FY 2026 Transportation Planning Work Program was similar to the draft that was brought to the Committee in March. He noted that AAMPO funding was largely formula based in response to a query from Committee Member Gartin about whether changes in federal funding impacted the MPO. The Public Hearing was opened and closed by Chair Haila when no one came forward to speak. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 25-235 approving Final FY 2026 Transportation Planning Work Program. Vote on Motion: 10-0. Resolution declared adopted unanimously, signed by the Chair, and hereby made a portion of these minutes. POLICY COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Murken, seconded by Betcher, to adjourn the meeting at 6:02 p.m. Vote on Motion: 10-0. Motion declared carried unanimously. 8 2 SUMMARY OF REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA MAY 27, 2025 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:04 p.m. on the 27th day of May, 2025, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Present were Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Ex officio Emily Boland joined the meeting telephonically. PROCLAMATION FOR “FOSTER CARE AWARENESS MONTH,” MAY 2025: Mayor Haila proclaimed May 2025 as Foster Care awareness Month. Emily Easton, Four Oaks Foster Care and Adoption, accepted the proclamation alongside Traci Schermerhorn, Foster Squad, and Wendy Van Dyke, Anchored Hope. CONSENT AGENDA: Council Member Beatty-Hansen requested to pull Item No. 9(h); Council Member Rollins requested to pull Item No. 11; and Council Member Junck requested to pull Item No. 28. Moved by Corrieri, seconded by Betcher, to approve the consent agenda less Item Nos. 9h, 11, and 28. 2. Motion approving payment of claims 3. Motion approving Report of Change Orders for period of May 1 -15, 2025 4. Motion approving Summary of Minutes of the Regular Meeting of the Ames City Council on May 13, 2025 5. Motion approving extension of Outdoor Service (June 28-29, September 6-7, and September 20-21, 2025) for Class C Retail Alcohol License with Outdoor Service – Tip Top Lounge, 201 E. Lincoln Way 6. Motion approving new 5-Day (May 30 - June 3, 2025) Special Class C Retail Alcohol License - SIPONTHEROCKS, 1407 S. Grand Avenue 7. Motion approving new 5-Day (June 27 - July 1, 2025) Special Class C Retail Alcohol License with Outdoor Service - Hy-Vee 2 @ Lincoln Center, 1407 University Boulevard 8. Motion approving new 5-Day (June 17-21, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar Co., 1930 E 13th Street 9. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Della Viti, 323 Main Street #102, Class C Retail Alcohol License with Catering Privilege and Outdoor Service b. Casey's General Store #2560, 3020 S Duff Avenue, Class E Retail Alcohol License c. Green Hills Residents' Association, 2200 Hamilton Drive, Suite 100, Class F Retail Alcohol License with Outdoor Service d. MMDG Spirits, 126A Welch Avenue, Class E Retail Alcohol License e. Kum & Go #200, 4510 Mortensen Road, Class E Retail Alcohol License 9 3 f. Hilton Garden Inn Ames, 1325 Dickinson Avenue, Class C Retail Alcohol License with Outdoor Service g. Kum & Go #216, 203 Welch Avenue, Class E Retail Alcohol License h. Wheatsfield Cooperative, 413 Northwestern Avenue, Special Class C Retail Alcohol with Outdoor Service i. Bar la Tosca, 303 Welch Avenue, Class C Retail Alcohol License with Outdoor Service 10. Motion accepting Fitch Family Indoor Aquatic Center Monthly Update 11. RESOLUTION NO. 25-236 approving $1,000 expenditure from the City Council Contingency Account to sponsor the Juneteenth Celebration 12. RESOLUTION NO. 25-237 approving request to modify FY 2024/25 ASSET allocation to YSS 13. RESOLUTION NO. 25-238 approving FY 2025/26 Outside Funding Contracts 14. RESOLUTION NO. 25-239 approving FY 2025/26 Commission on the Arts (COTA) Annual Grant Contracts 15. RESOLUTION NO. 25-240 approving Amended 2025-26 Proposed Annual Action Plan Projects for Community Development Block Grant (CDBG) and HOME Programs 16. RESOLUTION NO. 25-241 approving Agreement for Joint and Cooperative Action for Waste Disposal Operations by Boone County and City of Ames 17. RESOLUTION NO. 25-242 approving preliminary plans and specifications for the Fire Alarm Upgrade for the Power Plant, and setting June 25, 2025, as the bid due date, and July 8, 2025, as date of Public Hearing and award of contract 18. RESOLUTION NO. 25-243 approving preliminary plans and specifications for the CyRide 2025 Facility Fire Protection Improvement Project, and setting July 9, 2025, as the bid due date, and July 22, 2025, as the date of Public Hearing 19. RESOLUTION NO. 25-244 approving contract renewal with MPW Industrial Water Services Inc., of Hebron, OH, for the Bottle Exchange Program and Related Services for Power Plant for the one-year period from July 1, 2025 through June 30, 2026 in an amount not-to-exceed $90,000 20. RESOLUTION NO. 25-245 approving contract renewal with Wellmark for administrative services, specific to aggregate excess insurance, and access fees for benefits from July 1, 2025 to June 30, 2026 21. RESOLUTION NO. 25-246 approving contract renewal with Delta Dental of Iowa for administrative services for dental benefits effective July 1, 2025 22. RESOLUTION NO. 25-247 awarding one-year contract renewal with Gallagher Benefit Services, Inc., of West Des Moines, IA for Health Benefits Brokerage, Consulting and Actuarial Valuation Services beginning July 1, 2025 23. RESOLUTION NO. 25-248 waiving Purchasing Policies and Procedures requirement for competitive bids and awarding single-source contract to Racom in the amount of $291,904.72 to replace Fire Station Alerting System 24. RESOLUTION NO. 25-249 awarding contract to Dewey Ford, of Ankeny, IA, for two Ford Police Hybrid Interceptors in the amount of $91,831.68 25. RESOLUTION NO. 25-250 awarding contract to Dewey Ford, of Ankeny, IA, for the purchase of one 2025 Ford F450 Super Cab 4WD chassis for Public Works Utility Maintenance in the amount of $59,564.68 to be delivered after June 30, 10 4 2025 26. RESOLUTION NO. 25-251 awarding contract to Mississippi Lime Company of St Louis, MO, for pebble lime for the Water Plant in the amount of $251.20/ton 27. RESOLUTION NO. 25-252 awarding contract to J. Pettiecord Inc., of Bondurant, IA, for Tree Pile Debris Grinding and Disposal in the amount of $56,900 28. RESOLUTION NO. 25-253 awarding contract to Mansfield Oil Company of Gainesville Inc. of Gainesville, GA, for CyRide FY 2026 fuel purchases 29. 2023/24 Arterial Street Pavement Improvements - (Airport Rd. - University Blvd. to S. Riverside Dr.) a. RESOLUTION NO. 25-254 approving Change Order No. 3, the balancing change order, a deduction in the amount of $57,860.86 b. RESOLUTION NO. 25-255 accepting the 2023/24 Arterial Street Pavement Improvements (Airport Rd. - University Blvd. to S. Riverside Dr.) project as completed by All Star Concrete LLC of Johnston, IA in the amount of $1,405,169.13 30. 2022/23 CyRide Route Pavement Improvements (Lincoln Way): a. RESOLUTION NO. 25-256 approving Change Order No. 1 for the 2022/23 CyRide Route Pavement Improvements (Lincoln Way) in the deduction amount of $57,875.98 b. RESOLUTION NO. 25-257 accepting 2022/23 CyRide Route Pavement Improvements (Lincoln Way) as completed by Con-Struct, Inc, of Ames, IA, in the amount of $2,525,888.52 31. RESOLUTION NO. 25-258 accepting the 2023/24 Shared Use Path System Expansion as completed by Con-Struct, Inc. of Ames, IA in the amount of $249,006.60 32. RESOLUTION NO. 25-259 accepting the 2024/25 Shared Use Path Maintenance Contract 2 (Stuart Smith Park and State Avenue) as completed by TK Concrete, Inc of Pella, IA, in the amount of $106,664.90 33. Acceptance of Public Art Easements: a. RESOLUTION NO. 25-260 accepting Public Art Easement at 800 Pinon Drive (contingent upon receipt of signed agreement) b. RESOLUTION NO. 25-261 accepting Public Art Easement at 2228 Lincoln Way (contingent upon receipt of signed agreement) c. RESOLUTION NO. 25-262 accepting Public Art Easement at 106 South Dakota Avenue (contingent upon receipt of signed agreement) 34. RESOLUTION NO. 25-263 setting June 10, 2025, as the date of public hearing for vacation of Electric Utility Easement at 2125 Isaac Newton Drive Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RENEWAL OF BEER PERMITS, WINE PERMITS, AND LIQUOR LICENSES: Council Member Beatty-Hansen stated that she requested the item to be pulled so that she could abstain due to conflict of interest. Moved by Junck, seconded by Betcher, to approve the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: Wheatsfield Cooperative, 413 Northwestern 11 5 Avenue, Special Class C Retail Alcohol with Outdoor Service. Vote on Motion: 5-0-1, Beatty-Hansen abstaining due to conflict of interest. Motion declared carried unanimously. SPONSORSHIP OF JUNETEENTH CELEBRATION: Council Member Rollins stated that she requested the item to be pulled so that she could abstain due to conflict of interest. Moved by Junck, seconded by Corrieri, to adopt RESOLUTION NO. 25 -236 approving $1,000 expenditure from the City Council Contingency Account to sponsor the Juneteenth Celebration. Roll Call Vote: 5-0-1, Rollins abstaining due to conflict of interest. Motion declared carried unanimously. AWARD OF CONTRACT FOR CYRIDE FY 2026 FUEL PURCHASES: Council Member Junck stated that she requested the item to be pulled so that she could abstain due to conflict of interest. Moved by Corrieri, seconded by Rollins, to adopt RESOLUTION NO. 25 -253 awarding contract to Mansfield Oil Company of Gainesville Inc. of Gainesville, GA, for CyRide FY 2026 fuel purchases. Roll Call Vote: 5-0-1, Junck abstaining due to conflict of interest. Motion declared carried unanimously. PUBLIC FORUM: Mayor Haila opened and closed the Public Forum when no one came forward to speak. FY 2025/26 CONTRACTS WITH HUMAN SERVICE AGENCIES (ASSET): Assistant City Manager Pa Vang Goldbeck presented the Council Action Form (CAF) and answered questions from the City Council. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25 -264 approving FY 2025/26 contracts with 22 Human Service Agencies (ASSET) for a total of $1,572,932. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 25 -265 approving the City's unallocated funds in the amount of $49,844 for FY 2025/26 for meeting basic needs. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Moved by Rollins, seconded by Corrieri, to adopt RESOLUTION NO. 25 -266 approving the City's reserved funds in the amount of $96,229 earmarked for continuous 12 6 improvement and housing. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. AMES REGIONAL ECONOMIC ALLIANCE ANNUAL REPORT PRESENTATION: President and CEO of the Ames Regional Economic Alliance (AREA) Dan Culhane and AREA Workforce Development Director Shannon Thiele presented the Annual Report and answered questions from the City Council. HEARING ON REZONING OF AND MAJOR SITE DEVELOPMENT PLAN AND PRELIMINARY PLAT APPROVAL FOR 113 NORTH DAKOTA AVENUE (DAKOTA TOWNES): Planning and Housing Director Kelly Diekmann and Planner Amelia Schoeneman presented the CAF and answered questions from the City Council. The Public Hearing was opened by Mayor Haila. Don Eichner, Liz Block, Meghan Stephenson, Matt Stephenson, Justin Landhuis, Ryan Lillith Jeffrey, Amy Erica Smith, Steven Jordening, Jennifer Johnson, and Teresa Albertson spoke in opposition to the proposed rezoning. Luke Jensen spoke in favor of the proposed rezoning. The Public Hearing was closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to approve Alternative 1: a. First passage of ordinance rezoning 113 North Dakota from Residential Low Density (RL) to Residential Medium Density (RM) with a Planned Unit Development Overlay (RM PUD) b. RESOLUTION NO. 25-267 approving Major Site Development Plan c. RESOLUTION NO. 25-268 approving Preliminary Plat Roll Call Vote: 5-1, Betcher dissenting. Motion declared carried. The meeting recessed at 8:28 p.m. and reconvened at 8:35 p.m. HEARING ON LAND PURCHASE OPTION OF SURPLUS LAND AT HARRISON AND WELBECK: Director Diekmann presented the CAF. The Public Hearing was opened by Mayor Haila. Loren Nicholls and Dwyane Myers spoke in opposition to the proposed Purchase Option. The Public Hearing was closed by Mayor Haila. Moved by Corrieri, seconded by Gartin, to approve Alternative 1: a. RESOLUTION NO. 25-269 approving Purchase Option with Keystone Equity Group 13 7 b. RESOLUTION NO. 25-270 approving Resolution of Support for State Workforce Housing Tax Credit Application Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON FINAL AMENDMENT TO FISCAL YEAR 2024/25 BUDGET: Finance Director Corey Goodenow and Budget Manager Nancy Masteller presented the CAF. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 25 -271 approving amendment to current budget for Fiscal Year ending June 30, 2025. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2024/25 COLLECTOR STREET & WATER SYSTEM IMPROVEMENTS (OAKLAND STREET - OLIVER AVENUE TO HAWTHORNE AVENUE): Interim Public Works Director Justin Clausen was available for questions. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to accept the report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 25-272 approving final plans and specifications and awarding a contract to Manatt's, Inc. of Ames, IA, in the amount of $650,346.84. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON 2024/25 SOUTH 16TH STREET ROADWAY WIDENING: Interim Director Clausen explained the timeline for the project. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Betcher, to accept the report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25 -273 approving final plans and specifications and awarding a contract to ConStruct, Inc. of Ames, IA, in the amount of $3,625,832.10. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. 14 8 CHANGES TO EXISTING RETAIL RENEWABLE ENERGY BUYBACK PROGRAM: Electric Services Director Donald Kom presented the CAF alongside Electric Utility Operations Review and Advisory Board (EUORAB) Chair Jeff Witt and Member Jon Fleming. Moved by Rollins, seconded by Beatty-Hansen, to request from staff a list of barriers to residential solar installation that are outside the purview of EUORAB. Vote on Motion: 6-0. Motion declared carried unanimously. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to adopt RESOLUTION NO. 25 -274 approving changes to the existing retail Renewable Energy Buyback program, and directing staff/City Legal department to develop changes to Municipal Code, Chapter 28. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. STAFF REPORT ON SPECIAL PENALTY ENFORCEMENT AREA FINES: Chief of Police Geoff Huff presented the Staff Report. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to approve Alternative 1: direct staff to prepare an ordinance increasing the penalty for Illegal Parking in the Enhanced Event parking area during game day and other events to $75, or $70 if paid within seven days. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT REGARDING FALSE ALARMS: Chief Huff presented the Staff Report. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Beatty-Hansen, seconded by Corrieri, to approve Alternative 1: direct staff to prepare an ordinance allowing for three false alarms at no charge, a fine of $50 for a fourth false alarm, a fine of $100 for a fifth false alarm, and a fine of $200 for each subsequent false alarm occurrence. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT REGARDING PET LICENSING PROGRAM: Chief Huff presented the Staff Report. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. 15 9 Moved by Betcher, seconded by Gartin, to approve Alternative 1: direct staff to draft an ordinance creating a Pet Licensing Program for cats and dogs with fees of $12.00 per year for altered cats and dogs and $24.00 per year for unaltered cats and dogs. Vote on Motion: 6-0. Motion declared carried unanimously. STAFF REPORT ON STATE LAW CHANGES TO ACCESSORY DWELLING UNIT (ADU) ZONING STANDARDS: Director Diekmann presented the Staff Report. Moved by Beatty Hansen, seconded by Corrieri, to approve Option 2: only make changes needed to meet new State law. Vote on Motion: 2-4. Betcher, Corrieri, Rollins, and Junck dissenting. Motion declared failed. Moved by Betcher, seconded by Corrieri, to approve Option 1 : change local setback encroachments along with new State law requirements. Vote on Motion: 5-1, Beatty-Hansen dissenting. Motion declared carried. STAFF REPORT ON DEVELOPER INCENTIVE REQUESTS FOR RESIDENTIAL DEVELOPMENT: Director Diekmann presented the Staff Report. City Manager Steve Schainker noted that no action was required at this time. The City Council Members discussed topics on which they would like more information from staff. The Public Input was opened by Mayor Haila. Justin Dodge, Hunziker Companies, spoke in support of developer incentives. The Public Input was closed by Mayor Haila when no one came forward to speak. FIRST READING OF ORDINANCE RELATING TO ESTABLISHING THE URBAN REVITALIZATION PLAN FOR SOUTHEAST 5TH STREET: The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to pass on first reading an ordinance relating to establishing the Urban Revitalization Plan for Southeast 5th Street. Roll Call Vote: 6-0. Motion declared carried unanimously SECOND READING OF ORDINANCE RELATING TO A ZONING TEXT AMENDMENT MODIFYING BILLBOARD STANDARDS AND CREATING NEW DIGITAL DISPLAY STANDARDS: Moved by Rollins, seconded by Corrieri, to pass on second reading an ordinance relating to a Zoning Text Amendment modifying Billboard standards and creating new Digital Display standards. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4555 AMENDING CHAPTER 28 OF THE AMES MUNICIPAL CODE SECTION 28.201 TO INCREASE DRINKING 16 10 WATER RATES BY 3.5% AND SECTION 28.304(3) TO INCREASE SANITARY SEWER RATES BY 5.5% FOR CHARGES TO BE BILLED ON OR AFTER JULY 1, 2025: Moved by Betcher, seconded by Corrieri, to pass on third reading and adopt ORDINANCE NO. 4555 amending Chapter 28 of the Ames Municipal Code Section 28.201 to increase drinking water rates by 3.5% and Section 28.304(3) to increase sanitary sewer rates by 5.5% for charges to be billed on or after July 1, 2025. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were six items to consider. The first item from Jim Gregory requested a Zoning Text Amendment related to the South Lincoln Mixed-Use District. Moved by Beatty-Hansen, seconded by Gartin, to request a memo from staff. Vote on Motion: 6-0. Motion declared carried unanimously. A request from Kyle Hauswirth to partner with Leadership Ames Class 38 on a bike repair stations project was the next item. Moved by Corrieri, seconded by Junck, to refer to staff to look into the topic and authorize staff to work with Leadership Ames Class 38 on the project. Vote on Motion: 6-0. Motion declared carried unanimously. The third item was an appeal of a rejected application for Highway 30 and Durham Bandshell light display for Alzheimer’s Awareness submitted by Sandy Silverstein. Moved by Betcher, seconded by Corrieri, to have the Mayor respond indicating that staff has offered an existing alternative to have the request approved. Vote on Motion: 6-0. Motion declared carried unanimously. Fourth, Historic Preservation Commission Chairperson Dévon Lewis requested approval to sponsor “Ames: A Glimpse Inside.” Moved by Betcher, seconded by Corrieri, to place on a future agenda and urge Ames: A Glimpse Inside to make the full sponsorship request known at that time. Vote on Motion: 6-0. Motion declared carried unanimously. A memo from Director Diekmann regarding a request f or Zoning Text Amendment for exception to setback encroachments was the fifth item. Moved by Corrieri, seconded by Betcher, to take no further action. Vote on Motion: 6-0. Motion declared carried unanimously. 17 11 The sixth item was a request from Fire Inspector Jason Ziph to amend Municipal Code Sections 17.6 (2) and 17.6 (9) to align with new state law regarding fireworks. Moved by Junck, seconded by Corrieri, to place on a future agenda. Vote on Motion: 6-0. Motion declared carried unanimously. REPORT OF GOVERNING BODY: The Mayor and City Council Members provided highlights from their attendance at various board and commission meetings. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. Moved by Betcher, seconded by Junck, to add discussion of whether tree preservation fits into the values of the City Council at its next goal setting meeting. Vote on Motion: 4-2, Beatty-Hansen and Gartin dissenting. Motion declared carried. Moved by Gartin, seconded by Beatty-Hansen, to direct staff to revise the Municipal Code sections addressing the Ames Resident Police Advisory Committee (ARPAC) in light of changes to State law. Vote on Motion: 6-0. Motion declared carried unanimously. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was a legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Section 20.17(3), Code of Iowa, to discuss collective bargaining strategy. Moved by Gartin, seconded by Corrieri, to go into Closed Session at 10:41 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. The City Council reconvened in Regular Session at 10:51 p.m. Moved by Gartin, seconded by Rollins, to adopt RESOLUTION NO. 25-275 ratifying collective bargaining agreement with International Association of Firefighters Local 625. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. ADJOURNMENT: Moved by Betcher, seconded by Corrieri, to adjourn the meeting at 10:52 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. __________________________________ ________________________________ Jeramy Neefus, Principal Clerk John A. Haila, Mayor __________________________________ Renee Hall, City Clerk 18 1 MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA JUNE 4, 2025 The Special Meeting of the Ames City Council was called to order by Mayor John Haila at 3:15 p.m. on the 4th day of June, 2025, pursuant to law. As it was impractical for the Council Members to attend in person, Council Members Bronwyn Beatty-Hansen, Gloria Betcher, Rachel Junck, and Anita Rollins joined the meeting electronically. Council Member Amber Corrieri and ex officio Emily Boland were absent. CONSENT AGENDA: Mayor Haila addressed each item individually. RESOURCE RECOVERY PRIMARY SHREDDER DOOR REPLACEMENT: Interim Public Works Director Justin Clausen was available for any questions from the City Council. Moved by Beatty-Hansen, seconded by Betcher, to approve RESOLUTION NO. 25-276 awarding contract to Hennen Equipment, Inc. of Shakopee, MN, for Resource Recovery primary shredder door replacement. Roll Call Vote: 4-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. Council Member Gartin entered the meeting at 3:16 p.m. CONSENT TO RELEASE OF STORM DRAINAGE EASEMENT FOR LOT 2 OF THE DEERY SUBDIVISION: Planning Director Kelly Diekmann was available for any questions from the City Council. Moved by Betcher, seconded by Rollins, to approve RESOLUTION NO. 25-277 approving Consent to Release of Storm Drainage Easement for Lot 2 of the Deery Subdivision located generally at 1920 SE16th Street Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. COUNCIL COMMENTS: None. ADJOURNMENT: Moved by Gartin, seconded by Beatty-Hansen, to adjourn the meeting at 3:17 p.m. Vote on Motion: 5-0. Motion declared carried unanimously. __________________________________ ____________________________________ Renee Hall, City Clerk John A. Haila, Mayor 19 2 20 To:Mayor and City Council From:Jeramy Neefus, Principal Clerk Date:June 10, 2025 Subject:New Special Class C Retail Alcohol License - Ichiban Ames LLC, 117 Welch Avenue Item No. 4 MEMO Please see the attached documentation for a New Special Class C Retail Alcohol License - Ichiban Ames LLC, 117 Welch Avenue. ATTACHMENT(S): Ichiban - New License.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 21 Page 1 of 2 Applicant NAME OF LEGAL ENTITY ICHIBAN AMES LLC NAME OF BUSINESS(DBA) Ichiban Japanese Restaurant BUSINESS (515) 450-7252 ADDRESS OF PREMISES 117 Welch AvenueCampustown PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS 117 Welch AvenueCampustown CITY Ames STATE Iowa ZIP 50014 Contact Person NAME Guan Wang PHONE (515) 450-7252 EMAIL guan.wang92@gmail.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 12 Month STATUS Pending Dramshop Review TENTATIVE EFFECTIVE DATE May 20, 2025 TENTATIVE EXPIRATION DATE May 19, 2026 LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES 22 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Guan Wang Ames Iowa 50014 OWNER 100.00 Yes Insurance Company Information INSURANCE COMPANY The Hartford POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 23 To:Mayor & City Council From:Renee Hall, City Clerk Date:June 10, 2025 Subject:New 5-Day (June 16-21, 2025 ) Special Class C Retail Alcohol License with Outdoor Services - Thirsty Pigs, LLC, for 2320 Chamberlain Street Item No. 5 MEMO Please see attached documentation for a motion approving new 5 Day (June 16- 21, 2025) for Special Class C Retail Alcohol License with Outdoor Service - Thirsty Pigs, LLC, 2320 Chamberlain Street, Ames Summertime Series ATTACHMENT(S): Thirsty Pigs 5 day.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 24 Page 1 of 2 Applicant NAME OF LEGAL ENTITY THIRSTY PIGS LLC NAME OF BUSINESS(DBA) thirsty pigs llc BUSINESS (515) 203-0773 ADDRESS OF PREMISES 2320 Chamberlain StreetCampustown PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50014 MAILING ADDRESS po box 91 CITY madrid STATE Iowa ZIP 50156 Contact Person NAME jay kennedy PHONE (515) 203-0773 EMAIL info@thirstypigs.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Outdoor Service 25 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Jay Kennedy madrid Iowa 50156 owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Founders Insurance Company POLICY EFFECTIVE DATE June 16, 2025 POLICY EXPIRATION DATE June 21, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 26 To:Mayor & City Council From:Renee Hall, City Clerk Date:June 10, 2025 Subject:New 5-Day (June 26-30, 2025) Special Class C Retail Alcohol License with Outdoor Services - Apres Bar, 1930 East 13th Street Item No. 6 MEMO Please see attached documentation for a motion approving new 5 Day (June 26- 30, 2025) for Special Class C Retail Alcohol License with Outdoor Service - Apres Bar, 1930 East 13th St. ATTACHMENT(S): Apres Bar 5 Day.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 27 Page 1 of 2 Applicant NAME OF LEGAL ENTITY APRES BAR CO LLC NAME OF BUSINESS(DBA) Apres Bar Co BUSINESS (515) 789-0044 ADDRESS OF PREMISES 1930 East 13th Street PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 3610 Holcomb AvenueBeaverdale CITY Des Moines STATE Iowa ZIP 50310 Contact Person NAME Jillian Harrington PHONE (515) 789-0044 EMAIL admin@apresbarco.com License Information LICENSE NUMBER LICENSE/PERMIT TYPE Special Class C Retail Alcohol License TERM 5 Day STATUS Submitted to Local Authority EFFECTIVE DATE EXPIRATION DATE LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License PRIVILEGES Outdoor Service 28 Page 2 of 2 Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Jillian Harrington Des Moines Iowa 50310 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE Aug 1, 2024 POLICY EXPIRATION DATE Aug 1, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 29 To:Mayor John Haila and Ames City Council Members From:Lieutenant Tom Shelton, Ames Police Department Date:June 10, 2025 Subject:Beer Permits & Liquor License Renewal Item No. 7 MEMO The following licenses are eligible for renewal: a. Iowa State @ Fisher Theater Class C Retail Alcohol License b. Iowa State @ Scheman Building Class C Retail Alcohol License c. Texas Roadhouse, 519 S Duff Ave Class C Retail Alcohol License d. Courtyard by Marriott, 311 S. 17th St Class C Retail Alcohol License e. Morning Bell Coffee Roasters, 111 Main St Class C Retail Alcohol License f. Main 3326 LW (Board & Brush) 3326 Lincoln Way Special Class C Retail Alcohol License g. Jethro’s BBQ, 1301 Buckeye Ave Class C Retail Alcohol License h. 313 Bar, 115 5th Street, Class C Retail Alcohol License A review of police records for the past 12 months found no liquor law violations for Iowa State/Fischer, Iowa State/Scheman, Texas Roadhouse, Courtyard by Marriott, Morning Bell Coffee, Main 3326 LW (Board & Brush). The Ames Police Department recommends the license renewal for these businesses. Jethro's BBQ A review of police records for the past 12 months found that Jethro’s BBQ was issued one citation for serving an underage person during a compliance check on 5/1/2025. According to the report, the officer cited an employee for serving an alcoholic drink to a 20-year-old who used her current identification showing her to be 20. The employee admitted to not checking the ID. As the violation occurred very recently, Jethro's has not yet been re-checked. Staff from Jethro's has not attended either of the last two bar meetings in February and May. Arrangements will be made to ensure Jethro’s staff attends the next bar meeting/ID training, which the Police Department is hosting in fall 2025. At this time, the Police Department recommends the license renewal for the above business. If there are further violations of serving underage, the Police Department will bring that information to Council for possible City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 30 action. 313 Bar A review of police records for 313 Bar shows that on 5/12/2024 the Police Department issued a citation for on premises and noted there was no one checking IDs at the door. On 11/10/2024 the Police Department investigated an over-occupancy complaint. The occupancy of the bar is 120 people and officers noted there were approximately 150 people in the bar. The owner removed 30 people. On 1/26/2025 officers responded to the bar and found one individual underage (17 years old) on premises. Officers located a fake ID. On 2/21/2025, officers met with the owner to issue a citation for allowing underage on premises. The Police Department also investigated another over-occupancy complaint and sent the information on to the Fire Inspector for a potential citation. Within this last year, officers have responded to four general assaults or fights in progress calls. Records indicate the owner attended a Quarterly Bar meeting in April 2024. While the Police Department has some reservations, the establishment has done a better job since the first of the year after meeting with the owner several times. The owner has also changed some staff in an effort to better manage the establishment. At this time, the Police Department will continue to monitor 313 Bar by conducting regular foot patrols, bar checks, evaluating the use of safeguards, and educating the bar staff through monthly ID training. At this time the Police Department would recommend renewal of the license. If the establishment does not maintain this better performance since the first of the year, the Police Department will bring that information to Council for possible action. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 31 ITEM #:8 DATE:06-10-25 DEPT:ADMIN SUBJECT:REQUESTS FROM OCTAGON ARTS CENTER FOR OCTAGON ART FESTIVAL ON SEPTEMBER 28, 2025 COUNCIL ACTION FORM BACKGROUND: The Octagon Center for the Arts plans to host the Octagon Art Festival in downtown Ames on Sunday, September 28, 2025. The event is scheduled to begin at 10:00 a.m. and conclude at 4:00 p.m. Booths selling art works, crafts, and food items will be in operation that day. To facilitate this event, the following items are requested: 1. Closure of the following streets, from 5:00 a.m. to 6:00 p.m.: a. Main Street, east of Clark (not blocking Wells Fargo Driveway) to just west of Duff Avenue (allowing traffic to access parking lot behind businesses) b. Douglas Avenue, 5th Street to Main Street c. Kellogg Avenue, south of the alley to Main Street d. Burnett Avenue, south of the alley to Main Street 2. Waiver of costs for electricity during the event (estimated at $10) 3. Approval of a Blanket Temporary Obstruction Permit for the Central Business District 4. Approval of a Blanket Vending License for the duration of the event 5. Waiver of fee for Blanket Vending License ($50) Insurance coverage for the event has been provided by The Octagon Center for the Arts. Notification signs will be placed on parking meters on Saturday evening after 6:00 p.m. Since the event occurs on a Sunday, there is no potential loss of parking meter revenue. Public Works will provide the necessary barricades for the street closures. A noise permit will be obtained through the Police Department. Ames Main Street has been informed of the Art Festival and is in support of it. Additionally, Octagon staff has contacted affected businesses door-to-door. Signatures confirming the notification have been obtained from nearly all affected businesses. Fewer businesses are open in the downtown area on Sundays compared to other days of the week. ALTERNATIVES: 1. Approve the requests from the Octagon Center for the Arts for the Art Festival on September 28, 2025, including closure of various streets from 5:00 a.m. to 6:00 p.m., blanket Vending License and waiver of fee for Vending Licenses, Blanket Temporary Obstruction Permit for sidewalks adjacent to closed street, and waiver of costs for electricity during the event. 32 2. Approve the requests but require payment for the Blanket Vending License and reimbursement for electricity use. 3. Deny the requests. CITY MANAGER'S RECOMMENDED ACTION: This is the 54th year that the Octagon has held the Art Festival. There will be more than one hundred artists on hand with unique, hand-crafted artwork for sale, live entertainment, and local food vendors. No admission is charged, and festival organizers expect 8,000 people to attend. Ames Main Street has expressed its full support of the event. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Octagon festival map May 2025.pdf Octagon art festival letter to city council 2025.pdf 2025 Special Events Application - Octagon.pdf Main St Letter of Support for Octagon Arts Festival 2025.pdf 33 53 52 54 51 55 50 56 49 57 48 58 47 59 46 60 45 61 44 62 43 63 42 64 41 65 40 66 39 67 38 68 37 69 36 70 35 71 34 72 33 73 32 74 31 75 30 76 29 77 78 79 Vinyl Grind Savor 80 81 28 82 27 83 26 84 25 85 24 86 23 87 22 88 21 89 20 90 19 91 18 92 17 The Frame Shop 93 16 Edward Jones Investments 94 15 14 13 12 11 10 Kid's Area 9 8 7 6 5 4 3 2 1 Gannon Real Estate A Stitch in Time Access to Public Parking from Main St. Renu 5t h S t r e e t 5t h S t r e e t Cook's Emporium VisionBank State Farm Insurance Heroic Hair Marmalade Moon Dog Eared Books Kitchen, Bath & Home Barricade Satellite Communication Clark Ave Clark Ave Member's 1st Credit Union US Bank Life Distilled Quilting Connection The Loft Family Martial Arts Treats on a Leash London Underground Cynthia Duff Park Walkway Chic Beauty Salon Gilger Designs Duck Worth Wearing Morning Bell Coffee Roasters Homegrown Whiskey River Transform Mind, Body, Soul Café Diem American Legion Worldly Goods Chester's Coins and Gifts Knittery Nook Emerhoff's Ames Christian Supply Moorman Clothiers Great Plains Sauce & Dough Heroic Ink Avec H&R Block The Grove Café Oasis Fringe Tanique Sportsmen's Lounge Oak Lane Candle Angry Irishmen Ames Tile Hobby Shop Little Woods Herbal Chocolaterie Stam Ba r r i c a d e Main St. Magic, Minatures & More Evert's Flowers Home and Gifts Downtown Deli Ames Silversmithing The Pumpkin Patch Raygun Lindsey Loo's Valor & Violet Skunk River Cycles Brown's Shoes Photosynthesis Nook & Nest ZW Merchantile Sheldon Munn (Apts)Ames Chamber of Commerce Driveway Barricade Parking Lot KASI New York Life Driveway His and Hers Beauty Salon Wells Fargo Miss Meyer's Private Parking Fitness Sports Oc t a g o n G a l l e r y S h o p A R T I S T L O U N G E i n G a l l e r y Oc t a g o n C e n t e r f o r t h e Ar t s Ri p p k e D e s g i n 10 F o l d A r c h i t e c t u r e Private parking McClanahan Studio YSS The Recipe Potter's Visiting Angels NAMI Andrea Dahlberg Photography No Escape Iowa/British Giflts Progressive Private Parking Am e s H i s t o r y C e n t e r ba r r i c a d e Northwest Mutual The Spice Thai Cuisine Remax Ba r r i c a d e The Salon Sweet Carolines Della Vita Wine Bar Tres Teal Moose on the Loose Do u g l a s Pe r f o r m a n c e Ar e a To m E v a n s Pe r f o r m a n c e Ar e a Ma i n S t r e e t Kellogg Ave Oc t a g o n A r t F e s t i v a l Se p t e m b e r 2 8 , 2 0 2 5 ● 10 a m t o 4 p m Ma i n S t r e e t i n D o w n t o w n A m e s , I A To m E v a n s Mu s i c i a n s u n l o a d HE R E Artist Parking LARGER TRAILERS F F F Tom Evans Park F F F Ar t i s t En t r a n c e On e W a y F F Ge n e r a l P u b l i c P a r k i n g Ge n e r a l P u b l i c P a r k i n g Ge n e r a l P u b l i c P a r k i n g trash cans light pole portable restroom AC A CA S AH M MU R A L AW C PA C Ar t Fo r c e Ba r r i c a d e Food Truck Entrance Ma i n S t r e e t Kellogg Ave Douglas Ave Burnett Ave F food vendor Duff Ave 34 Octagon Center for the Arts • 427 Douglas Ave. Ames, IA 50010 • 515.232.5331 • www.octagonarts.org May 16, 2025 Mayor and City Council 515 Clark Ave. Ames, IA 50010 Honorable Mayor and City Council, On Sunday, September 28, the Octagon Center for the Arts is hosting the 54th Annual Octagon Art Festival in Downtown Ames along Main Street. The purpose for the celebration is: An event to showcase the various artists representing the creative talent in Ames and the Midwest, to celebrate the richness and enjoyment that art provides through visual expression, highlight the beauty of Ames’ community and people while sharing the wonderful Downtown Ames experience with visitors from all over Iowa and neighboring states. The Octagon Arts Festival will officially begin Sunday, September 28 at 10 a.m. and conclude at 4 p.m. Octagon staff members have already notifying businesses on Main Street about street closures for this festival. Sunday, September 28: Octagon Art Festival 5 - 6 am: Setup, barricades setup to close streets in downtown 10 am: festival open to public 4 pm: festival closes to public, teardown 6 pm: streets cleared of artists, streets reopen Following is a list of specific Octagon Arts Festival requests for consideration by the Ames City Council: Closed Streets The following street closures are requested to cover from 6 am - 6 pm on September 28. (Please view map) •Main Street will be closed from just East of Clark (not blocking Wells Fargo driveway) to just West of Duff Avenue, allowing traffic to access parking lot behind businesses. •Douglas Avenue will be closed up to 5th Street. •Kellogg Avenue will be closed up to 5th Street (still allows garbage transportation through alley way) •Burnett Avenue will be closed just past the Alley (still allows garbage transportation through alley way). •Barricades are requested for all intersections. Barricades will be staffed at all times after their placement. Octagon event volunteers will man barricades to facilitate the flow of emergency vehicles if need be. 35 Utilities •Costs for electricity needed for the Arts Festival are requested to be waived. This involves electricity from City facilities on Main Street, Douglas Avenue, Kellogg Avenue, and Burnett Avenue, including connection costs. Blanket Temporary Obstruction Permit •A temporary obstruction permit is requested for the central business district to allow businesses to be included in the festival atmosphere and display merchandise in front of the stores, obstructing a portion of the sidewalks. Artists and vendors will be setting up booths in the streets, allowing enough room down center of street for traffic of emergency vehicles should they be needed. Noise Permit •A noise permit is being requested to allow the playing of music, as well as other entertainment, in the Downtown Area from 10 a.m. on Sunday, September 28, through 4 p.m. Two entertainment areas will be set up. Main Entertainment Area near Tom Evans Park. Smaller entertainment area will be located at Main and Douglas, near Cynthia Duff Walkway. Food Vending Permit Approximately ten-twelve food vendors will be offering culinary options to festival visitors. Focal area for the food vendors will be centered in the Kellogg and Main Street intersection. •The Octagon is requesting that the food vending fee be waived. •The Octagon is also requesting about 6-8 picnic tables from Park and Rec to be used near the food vendor area along Kellogg. Last year these were provided by Parks & Rec and set up a few days before event. Small Banner display • The Octagon is again requesting to place approximately 5 or 6 vinyl banners that are 3 ft by 5 ft in size at the street corner pylons along Main Street intersections. Both the Main Street Cultural District and the Octagon hav e displayed these banners in past years to promote public events taking place in the Main Street Cultural District. These banners would be securely installed, with zip ties, at end of August and promptly taken down day after event. On behalf of the Octagon Center for the Arts, we appreciate the City of Ames supporting artistic and cultural experiences such as the Octagon Art Festival. We invite the mayor and city council members to stop by the festival on Sunday, September 28 from 10 am – 4 pm in downtown Ames. Much gratitude, Heather Johnson Executive Director Octagon Center for the Arts 427 Douglas Avenue Ames, IA 50010 36 37 38 39 40 41 42 304 Main Street, Ames, IA 50010 | 515.233.3472 | AmesDowntown.org Ames Main Street advances and promotes Downtown Ames as the heart of the Ames community. April 24, 2025 Ames City Council City of Ames 515 Clark Avenue Ames, IA 50010 Dear Mayor Haila and Members of the Ames City Council, On behalf of Ames Main Street board of directors, I am pleased to offer our strong support for the 54th Annual Octagon Art Festival, scheduled for Sunday, September 28, 2025, from 10am to 4pm, in Downtown Ames. We also support the request for street closures along Main Street and adjacent areas to ensure a safe and successful experience for artists, vendors, and attendees. The Octagon Art Festival is one of the premier community events in our city, drawing approximately 10,000 attendees to the heart of our historic downtown. Featuring visual art by 100 artists, live entertainment, children’s crafts, and local food vendors, the festival offers a free and family-friendly way to celebrate the arts and engage the community. Beyond its cultural value, the event serves as a powerful economic driver for downtown businesses. Many of our businesses report a significant uptick in sales during the event, with some stating it’s their second highest-grossing day of the year. The Octagon Center also actively encourages typically closed businesses to open on festival Sunday, further maximizing the event’s positive impact on our local economy. Events like the Octagon Art Festival help Downtown Ames fulfill its mission of being a dynamic destination in Central Iowa by enhancing the vibrancy and visibility of our community. We appreciate the City’s continued partnership and commitment to supporting events that contribute to the economic and cultural vitality of Downtown Ames. Thank you for your time and consideration. Onward! Travis Toliver, IOM Executive Director 43 ITEM #:9 DATE:06-10-25 DEPT:P&H SUBJECT:ANSLEY SUBDIVISION, THIRD ADDITION FINAL PLAT COUNCIL ACTION FORM BACKGROUND: Ansley Land, LLC, is requesting approval of a Major Subdivision Final Plat and Public Improvements Agreement for the Ansley Subdivision, Third Addition, which will contain 15 single family residential lots. The Ansley Subdivision is located on the east side of Cedar Lane, generally south of Cottonwood Road, and on the west side of the Story County Tedesco Connector Trail (Attachment A). When all additions are completed, the Ansley Subdivision, a Planned Unit Development, will contain 122 residential lots and one commercial lot. Of the residential lots, 117 will contain single-family detached homes and the remaining five will each contain a series of townhomes. The development will also contain six common greenspaces and two stormwater ponds. Ansley Subdivision, First Addition was approved and recorded in October 2023. This is a replat of Outlot 'ZZ' of the First Addition, containing 4.784 acres. Although this final plat is numbered as the third, it is in fact the second area of the original preliminary plat to be final platted. A second addition, planned at the end of Aurora Avenue, is still in development. The Third Addition (Attachment B) has 15 single-family home lots, totaling 3.36 acres, in the northwestern portion of the Ansley neighborhood. The public right-of-way, to be dedicated, is 0.95 acres. And the outlots that will serve as shared private drives and alleys contain 0.40 acres. Outlot 'YY" of Ansley, the remainder of the development, contains 41.531 acres. The Third Addition will continue Ansley Avenue north from the First Addition and connect this street to Cedar Lane. The First Addition has an existing connection to Cedar Lane: Middleton Road. Future phases of Ansley will include a third connection to Cedar Lane, as well as connections to Aurora Avenue and stubs to connect through other future development to the east towards University Boulevard. Drainage of the Third Addition has been accounted for in the construction of the existing retention pond, constructed with the First Addition. MASTER PLAN AND REZONING AGREEMENT: A rezoning with Master Plan was approved on May 10, 2022, which rezoned the property from Agricultural (A) to Floating Suburban - Residential Low Density (FS-RL) with a Planned Unit Development Overlay (PUD) (Attachment C). The preliminary plat was approved on November 8, 2022. It included a waiver of the construction of Cedar Lane and utilities south of the southernmost interior subdivision road, Rothway Lane, that will connect to Cedar Lane through the development of future phases. Additionally, the developer returned with a request to waive their requirement to pave the future extension of Cedar Lane that was agreed upon by the City Council in 2024. A development agreement for the Cedar Lane paving has not yet been prepared to formalize the 44 City Council's future paving waiver. However, the Cedar Lane paving requirements are applicable to the 3rd Addition frontage as Cedar Lane is paved in this area. Per the Master Plan, the Third Addition will include all single-family, detached homes. As the Ansley Subdivision is within a PUD, certain deviations from zoning standards are allowed. Notably, the PUD includes provisions for shared private drives and alleys. Private streets and alleys are permitted if they are designed and constructed to meet Iowa Statewide Urban Design and Specifications (SUDAS) standards and the City's supplemental design standard requirements regarding pavement profile, base, and drainage. A certificate from a professional engineer verifying the private streets and alleys meet these requirements is required after construction. Private streets and alleys also require a legally binding instrument establishing responsibilities for maintenance, upkeep, and snow removal and a permanent easement for shared access and emergency vehicle access. An easement establishing access rights and maintenance provisions has been submitted. The developer initially planned to split the subdivision into 11 phases (Attachment D). This Third Addition, however, is the second part of the planned first phase. Platting of additions can occur in smaller portions than the overall phasing boundary of the PUD, if approved by City Council. Rezoning Agreement: A Rezoning Agreement executed at the time of the rezoning in May 2022 requires the developer to "assume all financial responsibility for road improvements to Cedar Lane", including offsite improvements to the frontage between the north and south areas of the site. This includes the extension of Cedar Lane to the southernmost Ansley street, Rothway Road, and the construction of sidewalk along the east side of the Cedar Lane from Rothway Road north to the northernmost street connection, Ansley Avenue. The developer is responsible for constructing sidewalk in front of several properties that are not a part of Ansley, both to the north and to the south of Middleton. Although the City could require this infill of sidewalk at anytime with the platting, it is not part of 3rd Addition at this time. The developer intends to meet this obligation to install sidewalk along Cedar Lane between Middleton and Ansley when it can be completed with other sidewalks installations to make a complete connection. The approved 2022 Rezoning Agreement requires the City and the developer to enter into a "Subdivision Developer Agreement" to "memorialize the City's requirements related to public improvements and timing." The subdivision agreement has not yet been executed. This agreement will elaborate on when the sidewalk along Cedar Lane in front of the properties outside of Ansley will be constructed. When homes on the lots at the corners of Cedar Lane and Middleton Road (First Addition) and Cedar Lane and Ansley Avenue (Third Addition) are built, the sidewalks will be installed on Cedar Lane and on the relevant side streets as is typical for sidewalk construction in Ames. At the north end of Ansley, the sidewalk would stop at the property line of an outlot for Suncrest Subdivision to the north of Ansley. The Suncrest outlot frontage, roughly 114 feet, does not have sidewalk; the sidewalk along the east side of Cedar Lane begins again next to the single-family lot to the north of the outlot. The Suncrest Subdivision did not include the construction of the sidewalk with the outlot and there is a gap that will need to eventually be 45 infilled to connect Ansley with development to the north. Staff supports approval of the 3rd Addition at this time with the understanding that the subdivision development agreement will be completed this year and include the sidewalk schedule and the Cedar Lane paving waiver. PUBLIC IMPROVEMENTS AGREEMENT: The water main has been installed for the Third Addition. Two typical agreements have been prepared for Council approval with the Final Plat: 1. A Public Improvements Agreement for the remaining improvements 2. An Agreement for deferral of Sidewalks and Street Trees. The Public Improvements Agreement identifies the need for financial security for the completion of certain improvements and utilities related to the proposed plat. Private improvements are not included within either of the agreements. Financial security has been submitted to the City in the amount of $471,909.50, which covers the cost of the remaining improvements, in the event the developer does not install the required improvements. The form of the security (cash) is acceptable. Sidewalks and street trees must be installed prior to the issuance of a Certificate of Occupancy for an individual lot. Within three years after final plat approval, however, all sidewalks within the addition must be installed. Financial security can be reduced by the City Council as the required infrastructure is installed, inspected, and accepted by the City. This agreement only addresses sidewalk for lots within the 3rd Addition. ALTERNATIVES: 1. Approve the Final Plat of the Ansley Subdivision, Third Addition, based upon the findings that the Final Plat conforms to the relevant and applicable design standards, ordinances, policies, and plans, and accept the Public Improvements Agreement. 2. Delay approval of the 3rd Addition to address Cedar Lane sidewalk construction between Middleton and Ansley with the 3rd Addition public improvement requirements. 3. Deny the Final Plat of the Ansley Subdivision, Third Addition, by finding that the development creates a burden on existing public improvements or creates a need for new public improvements that have not yet been installed. 4. Refer this request back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: After reviewing the proposed Final Plat of the Ansley Subdivision, Third Addition, staff finds that it complies with all relevant and applicable design and improvement standards of the Subdivision Regulations and to other adopted City plans, ordinances, and standards. 46 The Cedar Lane sidewalk construction can be delayed as desired by the applicant as an infill sidewalk component when other Ansley sidewalks are constructed. A subdivision development agreement for sidewalks and Cedar Lane paving waiver will be prepared later this year and formally address the requirement. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1, as described above. ATTACHMENT(S): Attachment A - Location Map.pdf Attachment B - Final Plat.PDF Attachment C - Master Plan.pdf Attachment D - Phasing Plan.pdf Attachment E - Applicable Law.pdf 47 ANSLEYAVE CEDAR LN MIDDLETON RD AURORA AVE COYOTE DR UNIVERSITY BLVD Ansley SubdivisionThird AdditionCedar Lane Legend AnsleyAnsley Additions First (Existing) Second (Proposed) Third (Current Consideration)0 400 800200Feet ¯ City Limits Attachm ent ALocation Map 48 49 50 51 Attachment C Ansley PUD Master Plan 52 Attachment D Ansley Phasing Plan 53 Attachment E Applicable Laws & Policies Pertaining to Final Plat Approval Adopted laws and policies applicable to this case file include, but are not limited to, the following: Code of Iowa, Chapter 254.8 states in part: 1. A proposed subdivision plat lying within the jurisdiction of a governing body shall be submitted to that governing body for review and approval prior to recording. Governing bodies shall apply reasonable standards and conditions in accordance with applicable statutes and ordinances for the review and approval of subdivisions. The governing body, within sixty days of application for final approval of the subdivision plat, shall determine whether the subdivision conforms to its comprehensive plan and shall give consideration to the possible burden on public improvements and to a balance of interests between the proprietor, future purchasers, and the public interest in the subdivision when reviewing the proposed subdivision and when requiring the installation of public improvements in conjunction with approval of a subdivision. The governing body shall not issue final approval of a subdivision plat unless the subdivision plat conforms to sections 354.6, 354.11, and 355.8. Ames Municipal Code, Section 23.303(3) states as follows: (3) City Council Action on Final Plat for Minor Subdivision: (a) All proposed subdivision plats shall be submitted to the City Council for review and approval in accordance with Section 354.8 of the Iowa Code, as amended or superseded. Upon receipt of any Final Plat forwarded to it for review and approval, the City Council shall examine the Application Form, the Final Plat, any comments, recommendations or reports examined or made by the Department of Planning and Housing, and such other information as it deems necessary or reasonable to consider. (b) Based upon such examination, the City Council shall ascertain whether the Final 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. If the City Council determines that the proposed subdivision will require the installation or upgrade of any public improvements to provide adequate facilities and services to any lot in the proposed subdivision or to maintain adequate facilities and services to any other lot, parcel or tract, the City Council shall deny the Application for Final Plat Approval of a Minor Subdivision and require the Applicant to file a Preliminary Plat for Major Subdivision. 54 ITEM #:10 DATE:06-10-25 DEPT:ADMIN SUBJECT:APPROVAL OF THE AMES REGIONAL ECONOMIC ALLIANCE FY 2025/26 AGREEMENT COUNCIL ACTION FORM BACKGROUND: The City’s 2025/26 adopted budget includes funds for the Ames Regional Economic Alliance to conduct economic development activities on behalf of the City. This agreement provides $175,000 to the Ames Alliance in exchange for two main services: 1) $115,000 of this amount purchases business recruitment and marketing services, and 2) the remaining $60,000 continues funding the services of the City Business Development Coordinator, who provides guidance to prospective businesses and developers as they navigate the City's development process. It should be emphasized that a new responsibility has been added in Section II A.6. in the attached agreement which calls for the Ames Alliance to work with developers to encourage the construction of workforce housing in Ames and look for opportunities to take advantage of grants, rebates, tax credits, etc. to make building workforce housing in Ames more attractive to developers. Additionally, an item included in Section II B.3 of the current agreement which specifically focused on encouraging minority-owned business development has been removed due to the new State of Iowa anti-DEI legislation. This contract does not include funding designated for economic development awarded through the outside grant funding process. Through that process, the City Council has appropriated an additional $15,000 in FY 2025/26 to the Ames Alliance for workforce development. ALTERNATIVES: 1. Approve the attached agreement with the Ames Regional Economic Alliance for FY 2025/26. 2. Approve an agreement with the Ames Regional Economic Alliance for FY 2025/26 with modifications. 3. Do not approve an agreement with the Ames Regional Economic Alliance for FY 2025/26. CITY MANAGER'S RECOMMENDED ACTION: The City Council has allocated funds in the FY 2025/26 City Budget for economic development activities. Historically the City has contracted with the Ames Alliance to conduct these activities. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, thereby approving the attached Ames Regional Economic 55 Alliance agreement for FY 2025/26. ATTACHMENT(S): Alliance Contract FY25.26.pdf 56 CONTRACT FOR ECONOMIC DEVELOPMENT SERVICES THIS AGREEMENT, made and entered into the 1st day of July, 2025, by and between the CITY OF AMES, IOWA, a municipal corporation organized and existing pursuant to the laws of the State of Iowa (hereinafter called "City") and the Ames Regional Economic Alliance (hereinafter called the Alliance); WITNESSETH THAT: WHEREAS, the City of Ames desires to purchase certain services from said organization in lieu of hiring additional permanent staff and expending additional City funds to accomplish these services; NOW, THEREFORE, the parties hereto have agreed and do agree as follows: I PURPOSE The purpose of this Agreement is to procure for the City and its citizens certain economic development-related services as hereinafter described and set out; to establish the methods, procedures, terms and conditions governing payment by the City of Ames for such services; and, to establish other duties, responsibilities, terms and conditions mutually undertaken and agreed to by the parties hereto in consideration of the services to be performed and monies paid. II SCOPE OF SERVICES A. In consideration for the payment of $115,000 in accordance with Section III, the Alliance shall provide the following economic development-related services to the City of Ames and its citizens during the term of this agreement: 1. The Alliance will serve as the lead contact for business representatives hoping to locate in Ames or to expand in our community. In this capacity the President of the Alliance will respond to information requests, coordinate the completion and submittal of state and local incentive applications, and show available industrial and commercial sites to prospects. 2. The Alliance will visit annually with all major companies to identify challenges and opportunities facing Ames businesses. 3. The Alliance will serve as the primary marketing entity for business recruitment to highlight Ames. 4. The Alliance will deploy an aggressive marketing campaign that will focus on targeted industries such as ag-biotechnology and advanced manufacturing businesses that do not overtax our infrastructure. 5. The Alliance will invest in significantly revising its marketing materials including website, brochures, and proposal packets to better reflect the image of Ames as a great place to do business. 6. The Alliance will work with developers to encourage the construction of workforce housing in Ames as well as look for opportunities to take advantage of grants, rebates, tax credits, etc. to make building workforce housing in Ames more attractive to developers. 57 B. In consideration for the payment of $60,000 in accordance with Section III, the Alliance shall provide the following economic development marketing and liaison services related to the City of Ames and its citizens during the term of this agreement by maintaining a jointly funded Business Development & Marketing position to carry out the following duties and tasks: 1. Focus on the development of “small” or new businesses start-ups in the retail, commercial, and industrial sectors by: a) assisting with the recruitment and/or expansion of these types of businesses in the community; b) assisting entrepreneurs as they navigate through the various City, State, and Federal approval processes; and c) assisting entrepreneurs in obtaining the services available through the Small Business Development Center. 2. Serve as the Economic Development Liaison for the City of Ames. This position will provide assistance and guidance on project requirements as developers and clients move through the City’s approval process. The position will ensure all required steps are completed, advocate for the process, and advise on the rationale behind the requirements. The Liaison will have regular communication with the City Manager on project progress. 3. Provide input on communication pieces that will highlight the efforts of the Alliance and the City of Ames related to the positive developments in the community where the City and/or the Alliance has played an integral role. 4. Implement an aggressive marketing plan focused on targeted industries that dovetail with the competencies of Iowa State University related to food and nutrition technology, plant biotechnology, information technology, and animal science. These efforts should not be limited to the aforementioned, as the Alliance service territory includes site options for advanced manufacturing and distribution facilities. 5. Maintain frequent communication with stakeholders such as the Iowa Department of Economic Development, Alliant Energy, Iowa State University, and partners of the Ames-Des Moines Corridor. 6. Maintain a current list of active projects via the Alliance’s internal project tracking system. 7. Maintain a current list of consultants and site selectors, for periodic mailings and contacts in various markets, so that the Alliance has a fresh list to choose from when visiting various locations around the U.S. 8. Review and analyze potential recipients of assistance from various economic development incentive offering entities. 9. Assist other Alliance staff in responding to inquiries and working with economic development prospects, consultants, and supplier contacts, as needed. 10. Provide input into the overall plan of the Alliance and assist in its implementation where appropriate. 11. Provide an Ames customized Business Retention & Expansion (BRE) report to the City on an annual basis both electronically and in paper form which highlights the overall health of various employers. 12. Provide a customized digital “Quarterly Economic Report” on Ames to the City Manager that highlights key economic indicators. 13. The position will be supervised by the President and CEO of the Alliance with performance feedback provided by the Ames City Manager. 58 III METHOD OF PAYMENT A. All payments to be made by the City of Ames pursuant to Section II.A of this Agreement shall be reimbursement for actual costs incurred by the Alliance in providing services required by Section II.A above. Payments made by the City of Ames pursuant to Section II.B of this Agreement shall be made in advance of services provide per terms in section III B of this Agreement. B. The City will disburse payments twice annually on requisitions of the Alliance in January and July of each year. Requisitions for services pursuant to Section II.A will be on a reimbursement basis and reflect cost for delivery of services for the prior six months. Requisitions for services pursuant to Section II.B will be one-half ($30,000) of the City’s annual contribution for the jointly funded position and paid in advance. If the jointly held position is vacant for more than 30 days, the Alliance will provide the City with a pro-rata refund for the payment made in advance. Requisitions for disbursement shall be made in such form and in accordance with such procedures as the Director of Finance for the City shall prescribe. Said form shall include, but not be limited to, an itemization of the nature and amount of costs for which reimbursement is requested, and must be filled out completely. C. The maximum total amount payable by the City of Ames under this agreement is $175,000 as detailed in the SCOPE OF SERVICES (Section II of this contract), and no greater amount shall be paid. IV FINANCIAL ACCOUNTING AND ADMINISTRATION A. All monies disbursed under this Agreement shall be accounted for by the accrual method of accounting. B. Monies disbursed to the Alliance by the City will be deposited by the Alliance in an account under the Alliance’s name, with a bank located in Story County, Iowa. All checks drawn on the said account shall bear a memorandum line on which the drawer shall note the nature of the costs for which the check is drawn in payment, and the program(s) of service. C. All costs for which reimbursement is claimed shall be supported by documentation evidencing in proper detail the nature and propriety of the charges. All checks or other accounting documents pertaining in whole or in part to this Agreement shall be clearly identified as such and readily accessible for examination and audit by the City or its authorized representative. D. All records shall be maintained in accordance with procedures and requirements as established by the City Finance Director, and the City Finance Director may, prior to any disbursement under this Agreement, conduct a pre-audit of record keeping and financial accounting procedures of the Alliance for the purpose of determining changes and modifications necessary with respect to accounting for funds made available hereunder. All records and documents required by this Agreement shall be maintained for a period of three (3) years following final disbursement by the City. E. At such time and in such form as the City may require, there shall be furnished to the City such statements, records, reports, data, and information as the City may require with respect to the use made of monies disbursed hereunder. F. At any time during normal business hours, and as often as the City may deem necessary, there shall be made available to the City for examination all records with respect to all matters covered by this Agreement and the Alliance will permit the City to audit, examine, and make excerpts or transcripts from such records. 59 V REPRESENTATION ON THE BOARD OF DIRECTORS It is agreed that the City of Ames will be guaranteed three representatives on the Alliance Board of Directors (two City Council members appointed by the Mayor and the City Manager). Furthermore, the City Manager will be guaranteed membership on the Executive Committee of the Board of Directors. VI SUMMARY REPORT The Alliance further agrees to provide the City of Ames a written report no later than June 15, 2026, summarizing the accomplishments of the activities promised in Section II. VII DURATION This Agreement shall be in full force and effect from and after July 1, 2025, until June 30, 2026. VIII DISCRIMINATION PROHIBITED In accordance with Chapter 14 of the Municipal Code, no person shall, on the grounds of age, race, color, creed, religion, national origin, disability, sexual orientation, or sex be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity funded in whole or in part with funds made available under this Agreement. IN WITNESS WHEREOF the parties hereto have, by their authorized representatives, set their hand and seal as of the date first above written. CITY OF AMES, IOWA ATTEST: BY_______________________________ _________________________________ John A. Haila, Mayor Renee Hall, City Clerk AMES REGIONAL ECONOMIC ALLIANCE BY______________________________ Daniel A. Culhane, President/CEO 60 ITEM #:11 DATE:06-10-25 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT WITH OLSSON, INC. FOR TRAFFIC SYSTEMS MANAGEMENT AND OPERATIONS PLAN COUNCIL ACTION FORM BACKGROUND: As the City of Ames continues to build out its new traffic fiber network, the Ames Area Metropolitan Planning Organization (AAMPO) is initiating the development of its first formal Traffic Systems Management and Operations (TSMO) Plan. The TSMO plan is a strategic approach to optimizing the performance of the existing transportation network through enhanced operational practices, rather than through infrastructure expansion. Common strategies include traffic signal coordination and timing improvements, incident and special event management, traveler information systems, and real-time data sharing. Intelligent Transportation Systems (ITS) refer to the technology and communication infrastructure that enables these strategies to function effectively—such as traffic sensors, cameras, fiber optic networks, and transportation management software. Together, the TSMO Plan and ITS architecture aim to improve the efficiency, safety, and reliability of the regional transportation system by leveraging operational strategies and technology integration. The project will culminate in the creation of a TSMO Plan that will: Inventory existing ITS infrastructure and architecture Guide long-term traffic operational strategies and priorities Support future ITS investment decisions Provide a framework for inter-agency coordination and system maintenance This project is included in the AAMPO's Federal Fiscal Year (FFY) 2026 Transportation Planning Work Program (TPWP) and the City of Ames’ 2024-2029 Capital Improvements Program (CIP). A total of $150,000 is budgeted, with $120,000 from federal MPO planning funds and $30,000 as a local match from the City of Ames Road Use Tax Fund. The project is anticipated to be completed by the end of May 2026. CONSULTANT SELECTION: Consistent with federal and state procurement regulations governing the use of federal planning funds, AAMPO issued a Request for Proposals (RFP) on March 3, 2025. Per federal requirements, the RFP did not request fee information to ensure a qualifications-based selection process. Proposals were evaluated by a selection team composed of AAMPO and City of Ames staff using the following weighted criteria: 61 RFP Scoring Criteria:Points Project Understanding & Approach:50 Project Team & Key Personnel:20 Previous Experience:20 Understanding of the AAMPO:5 Project Management & Schedule:5 Proposals were due on March 31, 2025, and four were received. The scores, using the aforementioned weighted criteria, were as follows: Rank Firm(s)Score 1 Olsson (Prime), Bolton & Menk 93 2 Strand Associates 90 T3 HR Green (Prime), Tenkniam 78 T3 JEO Consulting 78 Given the above rankings, staff negotiated a contract (see Attachment A ) with the highest ranked firm, Olsson, Inc. of Des Moines, Iowa. PROJECT SCOPE: Under the agreement, the consultant will lead the development of the AAMPO’s TSMO Plan and Regional ITS Architecture Document, structured around the eight key components outlined in the RFP: 1. Introduction – Define the purpose and importance of TSMO in the Ames region and identify relevant regional stakeholders. 2. Existing Conditions & ITS Architecture – Document the current state of the transportation network, including ITS infrastructure (e.g., fiber, traffic signals, field devices), current signal operations, and congestion patterns using existing models and data. 3. Needs Assessment – Identify system needs and gaps in infrastructure, technology, and operations based on data analysis and stakeholder feedback. 4. Strategic Goals & Objectives – Establish a vision, goals, and measurable objectives aligned with regional priorities and national best practices. 5. Operations & Implementation Plan – Provide a detailed roadmap for implementing TSMO strategies, including operational procedures, stakeholder roles, inter-agency coordination, performance metrics, timelines, and resource needs. 6. Maintenance Plan – Outline strategies and cost considerations for long-term ITS and TSMO system maintenance. This will be delivered as a stand-alone internal-facing document. 7. Emerging Technology & Trends – Highlight relevant national and regional trends, including opportunities for integrating new technologies such as connected vehicle infrastructure. 8. Risk Mitigation & Limitations – Identify potential barriers (e.g., funding, institutional, or 62 technical) and propose mitigation strategies. The final deliverables will include the main document, a separate internal-facing maintenance plan, and all supporting source files. The consultant will also deliver presentations to stakeholder groups and the AAMPO committees at key milestones throughout the plan’s development. ALTERNATIVES: 1. Approve the professional services agreement with Olsson, Inc. of Des Moines, Iowa for the creation of a Traffic Systems Management and Operations (TSMO) Plan in an amount not to exceed $149,950. 2. Direct staff to negotiate an agreement with another firm. CITY MANAGER'S RECOMMENDED ACTION: Based on staff's evaluation of proposals, Olsson, Inc. is the most qualified firm to lead the creation of the AAMPO's first TSMO Plan. The AAMPO Transportation Policy Committee also unanimously recommended approval of this agreement on May 27, 2025. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Attachment A - TSMO Plan PSA 63 Page 1 of 8 May 20, 2025 SCOPE OF WORK - AGREEMENT FOR PROFESSIONAL SERVICES Traffic Systems Management and Operations (TSMO) and Regional Intelligent Transportation Systems (ITS) Architecture Document City of Ames, Iowa The City of Ames (“Client”) requests Olsson, Inc. (“Olsson”) to perform the services described herein pursuant to the terms of this Letter Agreement for Professional Services, Olsson’s General Provisions and any exhibits attached hereto (all documents constitute and are referred to herein as the “Agreement”) for the Project. Olsson has acquainted itself with the information provided by Client relative to the Project and based upon such information offers to provide the services described below for the Project. Client warrants that it is either the legal owner of the property to be improved by this Project or that Client is acting as the duly authorized agent of the legal owner of such property. Client acknowledges that it has reviewed the General Provisions and any exhibits attached hereto, which are expressly made a part of and incorporated into the Agreement by this reference. In the event of any conflict or inconsistency between this Letter Agreement, and the General Provisions regarding the services to be performed by Olsson, the terms of the General Provisions shall take precedence. This exhibit is hereby attached to and made a part of the Letter Agreement for Professional Services dated June 10, 2025, between the City of Ames (“Client”) and Olsson, Inc. (“Olsson”) providing for professional services. Olsson’s Scope of Services for the Agreement is indicated below. Olsson shall provide the following services (“Scope of Services”) to Client for the following Phases listed below. Project Description: The purpose of this project is to develop a Ames Area MPO (AAMPO) Transportation Systems Management and Operations (TSMO) program document. The project will document the TSMO program framework and help structure and advance TSMO within the organization. Phase 100: Project Management Olsson will coordinate and report all project activities to the Client throughout the project. This will be managed and communicated through a kickoff meeting with all project team members. Regular project meetings will be held to review progress and will include an agenda and status report and will be followed by meeting minutes. The progress reports will include project status, 64 Page 2 of 8 schedule, and budget, as well as action items and any technical or other issues to be discussed or resolved. Monthly invoices will include progress reporting in a bullet point list of work performed to satisfy AAMPO federal reimbursement requirements. This phase will consist of general project management, administrative and accounting activities, oversight, and coordination. Assumptions: · One kickoff meeting · Eighteen (18) project management meetings (bi-weekly) · All project management meetings will be held virtually Deliverables: · Meeting agenda, status reports, and minutes · Draft and final deliverables will be provided with at least five (5) business days of notice for client review and approval. · A SharePoint site or similar platform for collaboration Phase 200: Stakeholder Engagement This phase will include all stakeholder engagement, including a specific stakeholder engagement session, production of outreach pieces, and a stakeholder engagement report. The stakeholder engagement portion of the project will occur within relevant project phases to gather insights into current conditions and future needs. Stakeholder input will be analyzed and incorporated into the final documents. 2.1 Project Fact Sheets Up to four (4) project fact sheets will be created for use in stakeholder meetings, on the AAMPO website and to be shared in conjunction with the project newsletter(s). Deliverables: · Up to four (4) draft and final project fact sheets, provided in PDF format 2.2 Stakeholder Outreach Meeting and Interviews This task includes a stakeholder metrics report as well as one combined report for the in-person stakeholder workshops. Other project meetings outside of what is listed in Phases 100 and 200 are listed in Phases 300 and 400. Assumptions: · Attendance for up to four individuals to attend one half-day in-person stakeholder workshop in Ames, likely to align with an existing Multi-Disciplinary Safety Team (MDST) meeting. · Attendance for two in-person individuals and/or two (additional) virtual individuals to attend one stakeholder workshop in Ames, likely to align with an existing AAMPO Technical Committee meeting, up to three hours. · Up to five (5) virtual interviews up to 60-minutes each to capture additional input, outside of the MDST. 65 Page 3 of 8 Deliverables: · Stakeholder outreach meeting presentation · Draft and Final stakeholder outreach meeting summary and metrics report 2.3 Project Newsletter This task will create up to two (2) electronic project newsletters to be distributed at the discretion of the AAMPO project manager. Assumptions: · Newsletters will be distributed through the existing AAMPO outreach process. Deliverables: · Up to two (2) draft and final project virtual newsletters to be distributed at strategic project milestones. Phase 300: Data Gathering and Analysis 3.1 Needs Assessment The evaluation of existing conditions will serve as the foundation for the needs assessment. This will be combined with insights gathered through the stakeholder engagement process, which will provide valuable perspectives on their experiences and expectations. Together, this information will help identify and prioritize overarching and specific needs to enhance traffic management and operations in the region through the TSMO and ITS program. We will identify specific gaps by evaluating the current state of physical infrastructure, technologies, and operational strategies. Assumptions: · AAMPO will provide access to all needed information for analysis. Deliverables: · Needs assessment report 3.2 Existing Conditions & ITS Architecture Olsson will assess the current state of the transportation system, encompassing vehicular, pedestrian, and bicycle traffic, along with transit. This evaluation will pinpoint key areas of congestion, safety concerns, and opportunities for operational improvement. Information will be gathered from various sources, including existing plans, documents, and recently completed studies. Subtasks: · Traffic conditions: Assess current traffic patterns, areas of congestion, and inefficiencies using existing traffic models and transportation plans, by others. · ITS & TSMO inventory and architecture: Document the current ITS field inventory (fiber, signals, PTZ cameras, and other field devices) and coordinate with the city to include as part of the city’s GIS database. · Institutional (inter-agency operational dynamics): Review existing plans that outline each agency’s mission, goals, organizational structure, and operational framework. · Stakeholder Input: Conduct stakeholder engagement to gather insights into current conditions and future needs. 66 Page 4 of 8 Assumptions: · AAMPO will provide or indicate the location of relevant information and coordinate interactions with other divisions as needed. · Data collected by any parallel projects will be shared with all other project staff. Deliverables: · Summarized materials included in the TSMO plan 3.3 Emerging Technology & Trends Olsson will synthesize and curate the latest trends and anticipated transportation technology developments specifically for the AAMPO region. Subtasks: · Best practices and lessons-learned: Focus on planning for the integration of emerging technologies. · New technologies and strategies: Provide insights from the Federal Highway Administration’s extensive TSMO resources and scan for information and best practices implemented through regional TSMO efforts across the country. Assumptions: · Technology-related recommendations will focus on what technologies to invest in, when, and how to invest. Deliverables: · Emerging technology and trends memorandum 3.4 Risk Mitigation and Limitations This task will focus on identifying risks, limitations, and potential mitigations for ITS and TSMO strategies. The approach involves developing a comprehensive risk register, where risks will be categorized by their probability of occurrence and potential impact. Subtasks: · Risk and limitation identification: Identify potential risks and limitations of ITS technology and TSMO strategies. Mitigation strategies: Develop mitigation strategies to be incorporated into implementation actions. Assumptions: · Risks will be categorized by their probability of occurrence and potential impact. Deliverables: · Risk mitigation and limitations memorandum Phase 400: ITS Architecture and TSMO Document 4.1 Strategic Goals and Objectives Strategic goals and objectives serve as the overarching compass for the TSMO program, aligning all stakeholders on the program’s direction. These goals and objectives will guide efforts to improve traffic management and operations in the region. Subtasks: 67 Page 5 of 8 · Define desired outcomes: Establish goals and objectives based on information gathered during Phase 300. · Include the case for TSMO: Identify current challenges and anticipated future conditions, including mobility, congestion, and safety challenges. Assumptions: · Goals and objectives will be comprehensive, realistic, and supported by all parties involved. Deliverables: · Draft goals and objectives for review and comment 4.2 Operations and Implementation Plan The final deliverables will summarize efforts from all project phases into a cohesive document that will provide documentation and guidance to the City of Ames and AAMPO member agencies in a clear and strategic way to achieve long-term goals and will assist in aligning ITS Architecture and TSMO priorities. Subtasks: · Outline desired operations: Provide a detailed description/procedure for implementing proposed TSMO strategies. · Define and prioritize realistic implementation actions: Establish operational procedures, identify roles and responsibilities, and establish performance measures. · Develop ITS Architecture: Document the interfaces and data flows between agency systems to enable interoperability. Assumptions: · Implementation actions will include both technical (system-level) actions and institutional (agency and inter-agency) actions. · Up to four (4) preliminary sections and an annotated outline of the document will be delivered for review over the course of document development · Review and approval of the draft and documents will follow the normal approval process for AAMPO documents: Technical Committee Draft Recommendation > Policy Committee Draft Review > 30-day public comment period > Policy Committee Final Approval. Stakeholder Group 1 will also review the draft and final ITS Architecture and TSMO document at the same time as the Technical Committee. · Stakeholder Group 1 will be fully determined after the project kickoff meeting but will include many of the participants of the MDST and AAMPO Technical committee groups. · Olsson will present the draft TSMO and ITS Architecture document to the AAMPO Technical Committee (either virtual or in-person attendance for up to two attendees) and the Policy Committee (in-person attendance for up to two attendees). · City of Ames Project Manager will present the final document to the Policy Committee. · ITS Architecture will be documented in the report, not utilizing the RAD-IT tool. · Final PDF document will receive graphic design treatment suitable for public viewing · Final plan, along with all relevant source files (Excel sheets, GIS Shapefiles, Word or InDesign documents, graphics, photos, etc.) Deliverables: · Draft and Final TSMO and ITS Architecture document 68 Page 6 of 8 4.3 Maintenance Plan Our approach to developing a maintenance plan for ITS and TSMO systems focuses on establishing guidelines that promote the long-term sustainability of systems and technology, as well as the effectiveness of the overall TSMO program. Subtasks: · Maintaining the TSMO Plan: Establish guidelines for maintaining ITS and TSMO systems. · Maintaining the systems: Outline potential costs and considerations regarding the maintenance and continued operation of ITS and TSMO systems. · Long-term inter-agency coordination: Include recommendations for formal inter-agency agreements to support long-term regional operational collaboration. Assumptions: · Life-cycle considerations will be included to account for ongoing operations, repairs, and human resources needed. · The final Maintenance plan will be an internal facing document and will be separate from the ITS Architecture and TSMO document. Deliverables: · Draft and Final Maintenance plan Should Client request work in addition to the Scope of Services, Olsson shall invoice Client for such additional services (Optional Additional Services) at the standard hourly billing labor rate charged for those employees actually performing the work, plus reimbursable expenses if any. Olsson shall not commence work on Optional Additional Services without Client’s prior written approval. Olsson agrees to provide all of its services in a timely, competent and professional manner, in accordance with applicable standards of care, for projects of similar geographic location, quality and scope. SCHEDULE FOR OLSSON’S SERVICES Unless otherwise agreed, Olsson expects to perform its services under the Agreement as follows: Anticipated Start Date: July 1, 2025 Stakeholder Outreach Meeting (Technical Committee) by September 11, 2025 Stakeholder Outreach Meeting (MDST) by October 8, 2025 Draft ITS Architecture and TSMO Document to Project Manager by January 14, 2026 Presentation of Draft document to the Technical Committee by February 12, 2026 Presentation of Draft document to the Policy Committee by February 24, 2026 Final ITS Architecture and TSMO Document to Project Manager by April 6, 2026 Anticipated Completion Date: May 11, 2026 Olsson will endeavor to start its services on the Anticipated Start Date and to complete its services on the Anticipated Completion Date. 69 Page 7 of 8 COMPENSATION Olsson shall perform the services in Phases 100 – 400 of the Scope of Services with a total project cost with estimated fee per phase shown below. Phase 100 $16,424.00 Phase 200 $30,316.00 Phase 300 $48,341.00 Phase 400 $54,869.00 Total Project Cost $149,950.00 Olsson’s Scope of Services for Phases 100 – 400 will be provided on a time-and-expense basis not to exceed $149,950.00. Client shall pay to Olsson for the performance of the Scope of Services, the actual time of personnel performing such services in accordance with the Labor Billing Rate Schedule(s), and all actual reimbursable expenses attached to this agreement. Olsson shall submit invoices on a monthly basis, and payment is due within 30 calendar days of invoice date. TERMS AND CONDITIONS OF SERVICE We have discussed with you the risks, rewards and benefits of the Project, the Scope of Services, and our fees for such services and the Agreement represents the entire understanding between Client and Olsson with respect to the Project. The Agreement may only be modified in writing signed by both parties. Client’s designated Project Representative shall be Mr. Kyle Thompson, Transportation Planner. Olsson’s designated Project Representative shall be Chris Albrecht, Technical Expert. If this Agreement satisfactorily sets forth your understanding of our agreement, please sign in the space provided below. Retain one original for your files and return an executed original to Olsson. This proposal will be open for acceptance for a period of 7 days from the date set forth above, unless changed by us in writing. 70 Page 8 of 8 OLSSON, INC. By By Chris Albrecht, Technical Expert Kurt Rotering, Senior Team Leader By signing below, you acknowledge that you have full authority to bind Client to the terms of the Agreement. If you accept the terms set forth herein, please sign: City of Ames, Iowa By: _____________________________________ Dated: John Haila, Mayor Attachments General Provisions 2025 Olsson Billing Rate Schedule 71 Page 1 of 9 GENERAL PROVISIONS These General Provisions are attached to and made a part of the respective Letter Agreement or Master Agreement, dated March 4, 2025 between City of Ames, Iowa (“Client”) and Olsson, Inc. (“Olsson”) for professional services in connection with the project or projects arising under such Letter Agreement or Master Agreement (the “Project(s)”). As used herein, the term "this Agreement" refers to these General Provisions, the applicable Letter Agreement or Master Agreement, and any other exhibits or attachments thereto as if they were part of one and the same document. SECTION 1—OLSSON’S SCOPE OF SERVICES Olsson’s scope of services for the Project(s) is set forth in the applicable Letter Agreement or Master Agreement (“Scope of Services”). SECTION 2—ADDITIONAL SERVICES 2.1 Unless otherwise expressly included, Scope of Services does not include the categories of additional services set forth in Sections 2.2 and 2.3. 2.2 If Client and Olsson mutually agree for Olsson to perform any optional additional services as set forth in this Section 2.2 (“Optional Additional Services”), Client will provide written approval of the agreed-upon Optional Additional Services, and Olsson shall perform or obtain from others such services and will be entitled to an increase in compensation at rates provided in this Agreement. Olsson may elect not to perform all or any of the Optional Additional Services without cause or explanation: 2.2.1 Preparation of applications and supporting documents for governmental financial support of the Project(s); preparation or review of environmental studies and related services; and assistance in obtaining environmental approvals. 2.2.2 Services to make measured drawings of or to investigate existing conditions of facilities. 2.2.3 Services resulting from changes in the general scope, extent or character of the Project(s) or major changes in documentation previously accepted by Client where changes are due to causes beyond Olsson's control. 2.2.4 Services resulting from the discovery of conditions or circumstances which were not contemplated by Olsson at the commencement of this Agreement. Olsson shall notify Client of the newly discovered conditions or circumstances and Client and Olsson shall renegotiate, in good faith, the compensation for this Agreement, if amended terms cannot be agreed upon, Olsson may terminate this Agreement and Olsson shall be paid for its services through the date of termination. 2.2.5 Providing renderings or models. 2.2.6 Preparing documents for alternate bids requested by Client. 2.2.7 Analysis of operations, maintenance or overhead expenses; value engineering; the preparation of rate schedules; earnings or expense statements; cash flow or economic evaluations or; feasibility studies, appraisals or valuations. 2.2.8 Furnishing the services of independent professional associates or consultants for work beyond the Scope of Services. 2.2.9 Services necessary due to the Client’s award of more than one prime contract for the Project(s); services necessary due to the construction contract containing cost plus or incentive-savings provisions; services necessary in order to arrange for performance by persons other than the prime contractor; or those services necessary to administer Client’s contract(s). 2.2.10 Services in connection with staking out the work of contractor(s). 2.2.11 Services during out-of-town travel or visits to the site beyond those specifically identified in this Agreement. 2.2.12 Preparation of operating and maintenance manuals. 2.2.13 Services to redesign some or all of the Project(s). 2.2.14 Preparing to serve or serving as a consultant or witness or assisting Client with any litigation, arbitration or other legal or administrative proceeding. 2.2.15 Services relating to Construction Observation, Certification, Inspection, Construction Cost Estimating, project observation, construction management, construction scheduling, construction phasing or review of Contractor's performance means or methods. 2.3 Whenever, in its sole discretion, Olsson determines additional services as set forth in this Section 2.3 are necessary to avoid a delay in the completion of the Project(s) (“Necessary Additional Services”), Olsson shall perform or obtain from others such services without waiting for specific instructions from Client, and Olsson will be entitled to an increase in compensation for such services at the standard hourly billing rate charged for those employees performing the services, plus reimbursable expenses, if any: 2.3.1 Services in connection with work directive changes and/or change orders directed by the Client to any contractors. 2.3.2 Services in making revisions to drawings and specifications occasioned by the acceptance of substitutions proposed by contractor(s); services after the award of each contract in evaluating and determining the acceptability of an unreasonable or excessive number of substitutions proposed by contractor(s); or evaluating an unreasonable or extensive number of claims submitted by contractor(s) or others in connection with the Project(s). 2.3.3 Services resulting from significant delays, changes or price increases occurring as a direct or indirect result of material, equipment or energy shortages. 72 Page 2 of 9 2.3.4 Additional or extended services during construction made necessary by (1) work damaged during construction, (2) a defective, inefficient or neglected work by any contractor, (3) acceleration of the progress schedule involving services beyond normal working hours, or (4) default by any contractor. SECTION 3—CLIENT'S RESPONSIBILITIES 3.1. Client shall provide all criteria and full information as to Client's requirements for the Project(s); designate and identify in writing a person to act with authority on Client's behalf in respect of all aspects of the Project(s); examine and respond promptly to Olsson's submissions; and give prompt written notice to Olsson whenever Client observes or otherwise becomes aware of any defect in the Olsson’s services. 3.2 Client agrees to pay Olsson the amounts due for services rendered and expenses within thirty (30) days after Olsson has provided its invoice for such services. In the event Client disputes any invoice item, Client shall give Olsson written notice of such disputed item within fifteen (15) days after receipt of such invoice and shall pay to Olsson the undisputed portion of the invoice according to the provisions hereof. If Client fails to pay any invoiced amounts when due, interest will accrue on each unpaid amount at the rate of thirteen percent (13%) per annum from the date due until paid according to the provisions of this Agreement. Interest shall not be charged on any disputed invoice item which is finally resolved in Client’s favor. Payment of interest shall not excuse or cure any default or delay in payment of amounts due. 3.2.1 If Client fails to make any payment due Olsson for services and expenses within thirty (30) days after receipt of Olsson's statement therefore, Olsson may, after giving seven (7) days written notice to Client, suspend services to Client under this Agreement until Olsson has been paid in full all amounts due for services, expenses and charges and Client will not obtain any license to any Work Product or be entitled to retain or use any Work Product pursuant to Section 7.1 unless and until Olsson has been paid in full and Client has fully satisfied all of its obligations under this Agreement. 3.3 Payments to Olsson shall not be withheld, postponed or made contingent on the construction, completion or success of the Project(s) or upon receipt by the Client of offsetting reimbursements or credit from other parties who may have caused the need for additional services. No withholdings, deductions or offsets shall be made from Olsson’s compensation for any reason unless and until Olsson has been found to be legally liable for such amounts. 3.4 Client shall also do the following and pay all costs incident thereto: 3.4.1 Furnish to Olsson any existing and/or required borings, probings or subsurface explorations; hydrographic surveys; laboratory tests or inspections of samples, materials or equipment; appropriate professional interpretations of any of the foregoing; environmental assessment and impact statements; property, boundary, easement, right-of-way, topographic or utility surveys; property descriptions; and/or zoning or deed restrictions; all of which Olsson may rely upon in performing services hereunder. 3.4.2 Guarantee access to and make all provisions for Olsson to enter upon public and private property reasonably necessary to perform its services on the Project(s). 3.4.3 Provide such legal, accounting, independent cost estimating or insurance counseling services as may be required for the Project(s); any auditing service required in respect of contractor(s)' applications for payment; and/or any inspection services to determine if contractor(s) are performing the work legally. 3.4.4 Provide engineering surveys to establish reference points for construction unless specifically included in Olsson’s Scope of Services. 3.4.5 Furnish approvals and permits from all governmental authorities having jurisdiction over the Project(s). 3.4.6 If more than one prime contractor is to be awarded the contract for construction, designate a party to have responsibility and authority for coordinating and interfacing the activities of the various prime contractors. 3.4.7 All fees and other amounts payable by Client under this Agreement are exclusive of taxes and similar assessments. Without limiting the foregoing, Client is responsible and liable for all sales, service, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, county or local governmental authority on any amounts payable by Client under this Agreement, other than any taxes imposed on Olsson’s income. In the event any governmental authority assesses Olsson for taxes, duties, or charges of any kind in connection with Scope of Services provided by Olsson to Client, Olsson shall be entitled to submit an invoice to Client, its successors or assigns, for the amount of said assessment and related interest and penalties. Client shall pay such invoice in accordance with Olsson’s standard payment terms. 3.5 Client shall pay all costs incident to obtaining bids or proposals from contractor(s). 3.6 Client shall pay all permit application review costs for government authorities having jurisdiction over the Project(s). 3.7 Contemporaneously with the execution of this Agreement, Client shall designate in writing an individual to act as its duly authorized Project(s) representative. 3.8 Client shall bear sole responsibility for: 3.8.1 Jobsite safety. Neither the professional activities of Olsson, nor the presence of Olsson or its employees or sub- consultants at the Project shall impose any duty on Olsson relating to any health or safety laws, regulations, rules, programs or procedures. 3.8.2 Notifying third parties including any governmental agency or prospective purchaser, of the existence of any hazardous or dangerous materials located in or around the Project(s) site. 3.8.3 Providing and updating Olsson with accurate information regarding existing conditions, including the existence of hazardous or dangerous materials, proposed 73 Page 3 of 9 Project(s) site uses, any change in Project(s) plans, and all subsurface installations, such as pipes, tanks, cables and utilities within the Project(s) site. 3.8.4 Providing and assuming all responsibility for: interpretation of contract documents; Construction Observations; Certifications; Inspections; Construction Cost Estimating; project observations; construction management; construction scheduling; construction phasing; and review of Contractor’s performance, means and methods. Client waives any claims against Olsson and releases Olsson from liability relating to or arising out of such services and agrees, to the fullest extent permitted by law, to indemnify and hold Olsson harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to such actions and services. 3.9 Client releases Olsson from liability for any incorrect advice, judgment or decision based on inaccurate information furnished by Client or others. 3.10 If reasonable precautions will be inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site, Olsson may immediately stop work in the affected area and report the condition to Client. Client shall be solely responsible for retaining independent consultant(s) to determine the nature of the material and to abate or remove the material. Olsson shall not be required to perform any services or work relating to or in the area of such material until the material has been removed or rendered harmless and only after approval, if necessary of the government agency with jurisdiction. SECTION 4—MEANING OF TERMS 4.1 The “Cost of Construction” of the entire Project(s) (herein referred to as "Cost of Construction") means the total cost to Client of those portions of the entire Project(s) designed and specified by Olsson, but it will not include Olsson's compensation and expenses, the cost of land, rights-of-way, or compensation for or damages to, properties unless this Agreement so specifies, nor will it include Client's legal, accounting, insurance counseling or auditing services, or interest and financing charges incurred in connection with the Project(s) or the cost of other services to be provided by others to Client pursuant to Section 3. 4.2 The “Salary Costs”: Used as a basis for payment mean salaries and wages (base and incentive) paid to all Olsson's personnel engaged directly on the Project(s), including, but not limited to, engineers, architects, surveyors, designers, draftsmen, specification writers, estimators, other technical and business personnel; plus the cost of customary and statutory benefits, including, but not limited to, social security contributions, unemployment, excise and payroll taxes, workers' compensation, health and retirement benefits, sick leave, vacation and holiday pay and other group benefits. 4.3 “Certify” or “a Certification”: If included in the Scope of Services, such services shall be limited to a statement of Olsson’s opinion, to the best of Olsson’s professional knowledge, information and belief, based upon its periodic observations and reasonable review of reports and tests created by Olsson or provided to Olsson. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that any certifications based upon discrete sampling observations and that such observations indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services and certification does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Olsson shall sign pre- printed form certifications only if (a) Olsson approves the form of such certification prior to the commencement of its services, (b) such certification is expressly included in the Scope of Services, (c) the certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or implied. It is understood that any certification by Olsson shall not relieve the Client or the Client’s contractors of any responsibility or obligation they may have by industry custom or under any contract. 4.4 “Opinion of Probable Cost”: An opinion of probable construction cost made by Olsson. In providing opinions of probable construction cost, it is recognized that neither the Client nor Olsson has control over the costs of labor, equipment or materials, or over the contractor’s methods of determining prices or bidding. The opinion of probable construction costs is based on Olsson’s reasonable professional judgment and experience and does not constitute a warranty, express or implied, that the contractor’s bids or the negotiated price of the work on the Project(s) will not vary from the Client’s budget or from any opinion of probable cost prepared by Olsson. 4.5 “Day”: A calendar day of 24 hours. The term “days” shall mean consecutive calendar days of 24 hours each, or fraction thereof. 4.6 “Construction Observation”: If included in the Scope of Services, such services during construction shall be limited to periodic visual observation and testing of the work to determine that the observed work generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of Construction Observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor or for the contractor’s safety precautions and programs nor for failure by the contractor to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor. Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for 74 Page 4 of 9 any third party, including the contractor or any subcontractor. Client, or its designees shall notify Olsson at least twenty-four (24) hours in advance of any field tests and observations required by the construction documents. 4.7 “Inspect” or “Inspection”: If included in the Scope of Services, such services shall be limited to the periodic visual observation of the contractor’s completed work to permit Olsson, as an experienced and qualified professional, to determine that the observed work, generally conforms to the contract documents. Olsson shall not be responsible for constant or exhaustive observation of the work. Client understands and agrees that such visual observations are discrete sampling procedures and that such procedures indicate conditions that exist only at the locations and times the observations were performed. Performance of such observation services does not constitute a warranty or guarantee of any type, since even with diligent observation, some construction defects, deficiencies or omissions in the work may occur. Olsson shall have no responsibility for the means, methods, techniques, sequences or procedures selected by the contractor(s) or for the contractor’s safety precautions and programs nor for failure by the contractor(s) to comply with any laws or regulations relating to the performance or furnishing of any work by the contractor(s). Client shall hold its contractor(s) solely responsible for the quality and completion of the Project(s), including construction in accordance with the construction documents. Any duty under this Agreement is for the sole benefit of the Client and not for any third party, including the contractor(s) or any subcontractor(s). Client, or its designees, shall notify Olsson at least twenty-four (24) hours in advance of any inspections required by the construction documents. 4.8 “Record Documents”: Drawings prepared by Olsson upon the completion of construction based upon the drawings and other data furnished to Olsson by the Contractor and others showing significant changes in the work on the Project(s) made during construction. Because Record Documents are prepared based on unverified information provided by others, Olsson makes no warranty of the accuracy or completeness of the Record Documents. SECTION 5—TERMINATION 5.1 Either party may terminate this Agreement, for cause upon giving the other party not less than seven (7) calendar days written notice of default for any of the following reasons; provided, however, that the notified party shall have the same seven (7) calendar day period in which to cure the default: 5.1.1 Substantial failure by the other party to perform in accordance with the terms of this Agreement and through no fault of the terminating party; 5.1.2 Assignment of this Agreement or transfer of the Project(s) by either party to any other entity without the prior written consent of the other party; 5.1.3 Suspension of the Project(s) or Olsson’s services by the Client for more than ninety (90) calendar days, consecutive or in the aggregate. 5.2 In the event of a “for cause” termination of this Agreement by either party, the Client shall, within fifteen (15) calendar days after receiving Olsson’s final invoice, pay Olsson for all services rendered and all reimbursable costs incurred by Olsson up to the date of termination, in accordance with the payment provisions of this Agreement. 5.2.1 In the event of a “for cause” termination of this Agreement by Client and (a) a final determination of default is entered against Olsson under Section 6.2 and (b) Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product pursuant to Section 7.1. 5.3 The Client may terminate this Agreement for the Client’s convenience and without cause upon giving Olsson not less than seven (7) calendar days written notice. In the event of any termination that is not the fault of Olsson, the Client shall pay Olsson, in addition to payment for services rendered and reimbursable costs incurred, for all expenses reasonably incurred by Olsson in connection with the orderly termination of this Agreement, including but not limited to demobilization, reassignment of personnel, associated overhead costs, any fees, costs or expenses incurred by Olsson in preparing or negotiating any proposals submitted to Client for Olsson’s Scope of Services or Optional Additional Services under this Agreement and all other expenses directly resulting from the termination and a reasonable profit of ten percent (10%) of Olsson’s actual costs (including overhead) incurred. SECTION 6—DISPUTE RESOLUTION 6.1. Mediation 6.1.1 All questions in dispute under this Agreement shall be submitted to mediation. On the written notice of either party to the other of the election to submit any dispute under this Agreement to mediation, each party shall designate their representatives and shall meet within ten (10) days after the service of the notice. The parties themselves shall then attempt to resolve the dispute within ten (10) days of meeting. 6.1.2 Should the parties themselves be unable to agree on a resolution of the dispute, and then the parties shall appoint a third party who shall be a competent and impartial party and who shall be acceptable to each party, to mediate the dispute. Any third party mediator shall be qualified to evaluate the performance of both of the parties, and shall be familiar with the design and construction progress. The third party shall meet to hear the dispute within ten (10) days of their selection and shall attempt to resolve the dispute within fifteen (15) days of first meeting. 6.1.3 Each party shall pay the fees and expenses of the third party mediator and such costs shall be borne equally by both parties. 6.2 Arbitration or Litigation 6.2.1 Olsson and Client agree that from time to time, there may be conflicts, disputes and/or disagreements between them, arising out of or relating to the services of Olsson, the Project(s), or this Agreement (hereinafter collectively referred to as “Disputes”) which may not be resolved through mediation. Therefore, Olsson and Client agree that all Disputes shall be resolved by binding arbitration or litigation at the sole discretion and choice of Olsson. If Olsson chooses arbitration, the arbitration proceeding shall proceed in accordance with the Construction Industry Arbitration Rules of the AAA. 75 Page 5 of 9 6.2.2 Client hereby agrees that Olsson shall have the right to include Client, by consolidation, joinder or other manner, in any arbitration or litigation involving Olsson and a subconsultant or subcontractor of Olsson or Olsson and any other person or entity, regardless of who originally initiated such proceedings. 6.2.3 If Olsson chooses arbitration or litigation, either may be commenced at any time prior to or after completion of the Project(s), provided that if arbitration or litigation is commenced prior to the completion of the Project(s), the obligations of the parties under the terms of this Agreement shall not be altered by reason of the arbitration or litigation being conducted. Any arbitration hearings or litigation shall take place in Lincoln, Nebraska, the location of Olsson’s home office. 6.2.4 Except to the extent prohibited by law, the prevailing party in any arbitration or litigation relating to any Dispute shall be entitled to recover from the other party those reasonable attorney fees, costs and expenses incurred by the prevailing party in connection with the Dispute. In the event of a Dispute involving a Claim (as hereinafter defined) against Olsson, Olsson shall be considered the “prevailing party” if Client is awarded materially less than the full amount of damages claimed by the Client in connection with the Dispute. In all other Disputes, “prevailing party” shall mean the party (if any) who obtains all, or substantially all, of the relief requested by that party in connection with the Dispute. 6.3 Certification of Merit Client agrees that it will not assert any claim, including but not limited to, professional negligence, negligence, breach of contract, misconduct, error, omission, fraud, or misrepresentation (“Claim”) against Olsson, or any Olsson subconsultant, unless Client has first provided Olsson with a sworn certificate of merit affidavit setting forth the factual and legal basis for such Claim (the “Certificate”). The Certificate shall be executed by an independent engineer (“Certifying Engineer”) currently licensed and practicing in the jurisdiction of the Project site. The Certificate must contain: (a) the name and license number of the Certifying Engineer; (b the qualifications of the Certifying Engineer, including a list of all publications authored in the previous 10 years and a list of all cases in which the Certifying Engineer testified within the previous 4 years ; (c) a statement by the Certifying Engineer setting forth the factual basis for the Claim; (d) a statement by the Certifying Engineer of each and every act, error, or omission that the Certifying Engineer contends supports the Claim or any alleged violation of any applicable standard of care; (e) a statement by the Certifying Engineer of all opinions the Certifying Engineer holds regarding the Claim or any alleged violation of any applicable standard of care; (f) a list of every document related to the Project reviewed by the Certifying Engineer; and (g) a list of every individual who provided Certifying Engineer with any information regarding the Project. The Certificate shall be provided to Olsson not less than thirty (30) days prior to any arbitration or litigation commenced by Client or not less than ten (10) days prior to the initial response submitted by Client in any arbitration or litigation commenced by someone other than Client. The Certificate is a condition precedent to the right of Client to assert any Claim in any litigation or arbitration and Client’s failure to timely provide a Certificate to Olsson will be grounds for automatic dismissal of the Claim with prejudice. In any such instance, Olsson shall be entitled to an award of attorney’s fees, costs, and expenses. SECTION 7—MISCELLANEOUS 7.1 Reuse of Documents All documents, including drawings, specifications, reports, boring logs, maps, field data, data, test results, information, recommendations, or opinions prepared or furnished by Olsson (and Olsson's independent professional associates and consultants) pursuant to this Agreement (“Work Product”), are all Olsson’s instruments of service, do not constitute goods or products, and are copyrighted works of Olsson. Olsson shall retain an ownership and property interest in such Work Product whether or not the Project(s) is completed. If Client has fully satisfied all of its obligations under this Agreement, Olsson shall grant Client a limited license to use the Work Product and Client may make and retain copies of Work Product for use in connection with the Project(s); however, such Work Product is for the exclusive use and benefit of Client or its agents in connection with the Project(s), are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client or its agents for any purpose other than the Project(s). Such Work Product is not intended or represented to be suitable for reuse by Client or others on extensions of the Project(s) or on any other Project(s). Client will not distribute or convey such Work Product to any other persons or entities without Olsson's prior written consent which shall include a release of Olsson from liability and indemnification by the third party. Any reuse of Work Product without written verification or adaptation by Olsson for the specific purpose intended will be at Client's sole risk and without liability or legal exposure to Olsson, or to Olsson's independent professional associates or consultants, and Client shall indemnify and hold harmless Olsson and Olsson's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation of Work Product will entitle Olsson to further compensation at rates to be agreed upon by Client and Olsson. 7.2 Electronic Files By accepting and utilizing any electronic file of any Work Product or other data transmitted by Olsson, the Client agrees for itself, its successors, assigns, insurers and all those claiming under or through it, that by using any of the information contained in the attached electronic file, all users agree to be bound by the following terms. All of the information contained in any electronic file is the work product and instrument of service of Olsson, who shall be deemed the author, and shall retain all common law, statutory law and other rights, including copyrights, unless the same have previously been transferred in writing to the Client. The information contained in any electronic file is provided for the convenience to the Client and is provided in “as is” condition. The Client is aware that differences may exist between the electronic files transferred and the printed hard-copy original signed and stamped drawings or reports. In the event of a conflict between the signed original documents prepared by Olsson and the electronic files, which may be transferred, the signed and sealed original documents shall govern. Olsson specifically disclaims all warranties, expressed or implied, including without limitation, and any warranty of merchantability or fitness for a particular purpose with respect to any electronic files. It shall be Client’s responsibility to confirm the accuracy of the information contained in the electronic file and that it accurately reflects the information needed by the Client. Client 76 Page 6 of 9 shall not retransmit any electronic files, or any portion thereof, without including this disclaimer as part of any such transmissions. In addition, Client agrees, to the fullest extent permitted by law, to indemnify and hold harmless Olsson, its officers, directors, employees and sub consultants against any and all damages, liabilities, claims or costs, including reasonable attorney’s and expert witness fees and defense costs, arising from any changes made by anyone other than Olsson or from any reuse of the electronic files without the prior written consent of Olsson. 7.3 Opinion of Probable Cost Since Olsson has no control over the cost of labor, materials, equipment or services furnished by others, or over the contractor(s)' methods of determining prices, or over competitive bidding or market conditions, Olsson's Opinion of Probable Cost provided for herein is made on the basis of Olsson's experience and qualifications and represent Olsson's best judgment as an experienced and qualified professional engineer, familiar with the construction industry. Client acknowledges and agrees that Olsson cannot and does not guarantee proposals or bids and that actual total Project(s) or construction costs may reasonably vary from Olsson’s Opinion of Probable Cost. If prior to the bidding or negotiating phase Client wishes greater assurance as to total Project(s) or construction costs, Client shall employ an independent cost estimator as provided in paragraph 3.4.3. If Olsson’s Opinion of Probable Cost was performed in accordance with its standard of care and was reasonable under the total circumstances, any services performed by Olsson to modify the contract documents to bring the construction cost within any limitation established by Client will be considered Optional Additional Services and paid for as such by Client. If, however, Olsson’s Opinion of Probable Cost was not performed in accordance with its standard of care and was unreasonable under the total circumstances and the lowest negotiated bid for construction of the Project(s) unreasonably exceeds Olsson's Opinion of Probable Cost, Olsson shall modify its work as necessary to adjust the Project(s)’ size, and/or quality to reasonably comply with the Client’s budget at no additional cost to Client. Under such circumstances, Olsson’s modification of its work at no cost shall be the limit of Olsson’s responsibility with regard to any unreasonable Opinion of Probable Cost. 7.4 Prevailing Wages It is Client's responsibility to determine whether the Project(s) is covered under any prevailing wage regulations. Unless Client specifically informs Olsson in writing that the Project(s) is a prevailing wage project and is identified as such in the Scope of Services, Client agrees to reimburse Olsson and to defend, indemnify and hold harmless Olsson from and against any liability, including costs, fines and attorneys' fees, resulting from a subsequent determination that the Project(s) was covered under any prevailing wage regulations. 7.5 Samples All material testing samples shall remain the property of the Client. If appropriate, Olsson shall preserve samples obtained no longer than forty-five (45) days after the issuance of any document that includes the data obtained from those samples. After that date, Olsson may dispose of the samples or return them to Client at Client's cost. 7.6 Standard of Care Olsson will strive to perform its services in a manner consistent with that level of care and skill ordinarily exercised by members of Olsson’s profession providing similar services in the same locality under similar circumstances at the time Olsson’s services are performed. This Agreement creates no other representation, warranty or guarantee, express or implied. 7.7 Force Majeure Any delay in the performance of any of the duties or obligations of either party hereto (except the payment of money) shall not be considered a breach of this Agreement and the time required for performance shall be extended for a period equal to the period of such delay, provided that such delay has been caused by or is the result of any acts of God, acts of the public enemy, insurrections, riots, embargoes, labor disputes, including strikes, lockouts, job actions, boycotts, fires, explosions, floods, shortages of material or energy, or other unforeseeable causes beyond the control and without the fault or negligence of the party so affected. The affected party shall give prompt notice to the other party of such cause, and shall take promptly whatever reasonable steps are necessary to relieve the effect of such cause. 7.8 Equal Employment Opportunity Olsson and any sub-consultant or subcontractor shall abide by the requirements of 41 CFR 60-1.4(a), 60-300.5(a) and 60- 741.5(a). These regulations prohibit discrimination against qualified individuals based on their status as protected veterans or individuals with disabilities, and prohibit discrimination against all individuals based on their race, color, religion, sex, sexual orientation, gender identity or national origin. Moreover, these regulations require that covered prime contractors and subcontractors take affirmative action to employ and advance in employment individuals without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability or veteran status. 7.9 Confidentiality In performing this Agreement, the parties may disclose to each other written, oral, electronic, graphic, machine-readable, tangible or intangible, non-public, confidential or proprietary data or information in any form or medium, including but not limited to: (1) information of a business, planning, marketing, conceptual, design, or technical nature; (2) models, tools, hardware, software or source code; and (3) any documents, videos, photographs, audio files, data, studies, reports, flowcharts, works in progress, memoranda, notes, files or analyses that contain, summarize or are based upon any non- public, proprietary or confidential information (hereafter referred to as the "Information"). The Information is not required to be marked as confidential. 7.9.1 Therefore, Olsson and Client agree that the party receiving Information from the other party to this Agreement (the “Receiving Party”) shall keep Information confidential and not use the Information in any manner other than in the performance of this Agreement without prior written approval of the party disclosing Information (the “Disclosing Party”) unless Client is a public entity and the release of Information is required by law or legal process. 77 Page 7 of 9 7.9.2 Prior to the start of construction on the Project, the existence of discussions between the parties, the purpose of this Agreement, and this Agreement shall be considered Information subject to the confidentiality provisions of this Agreement. 7.9.3 Notwithstanding anything to the contrary herein, the Receiving Party shall have no obligation to preserve the confidentiality of any Information which: 7.9.3.1 was previously known to the Receiving Party free of any obligation to keep it confidential; or 7.9.3.2 is or becomes publicly available by other than unauthorized disclosures; or 7.9.3.3 is independently developed by the Receiving Party without a breach of this Agreement; or 7.9.3.4 is disclosed to third parties by the Disclosing Party without restrictions; or 7.9.3.5 is received from a third party not subject to any confidentiality obligations. 7.9.4 In the event that the Receiving Party is required by law or legal process to disclose any of Information of the Disclosing Party, the Receiving Party required to disclose such Information shall provide the Disclosing Party with prompt oral and written notice, unless notice is prohibited by law (in which case such notice shall be provided as early as may be legally permissible), of any such requirement so that the Disclosing Party may seek a protective order or other appropriate remedy. 7.9.5 Notwithstanding anything to the contrary herein (or to the contrary of any existing or future nondisclosure, confidentiality or similar agreement between the parties), Olsson is authorized, to use, display, reproduce, publish, transmit, and distribute Information (including, but not limited to, videos and photographs of the Project) on and in any and all formats and media (including, but not limited to, Olsson’s internet website) throughout the world and in all languages in connection with or in any manner relating to the marketing, advertising, selling, qualifying, proposing, commercializing, and promotion of Olsson and/or its services and business and in connection with any other lawful purpose of Olsson. In the event of any conflict or inconsistency between the provisions of this section and any other prior or future nondisclosure, confidentiality or similar agreement between the parties, the terms of this section shall take precedence. 7.9.6 Nothing contained in this Agreement shall be construed as altering any rights that the Disclosing Party has in the Information exchanged with or disclosed to the Receiving Party, and upon request, the Receiving Party will return all Information received in tangible form to the Disclosing Party, or at the Receiving Party’s option, destroy all such Information. If the Receiving Party exercises its option to destroy the Information, the Receiving Party shall certify such destruction to the Disclosing Party. 7.9.7 The parties acknowledge that disclosure or use of Information in violation of this Agreement could cause irreparable harm for which monetary damages may be difficult to ascertain or constitute an inadequate remedy. Each party therefore agrees that the Disclosing Party shall be entitled in addition to its other rights to seek injunctive relief for any violation of this Agreement. 7.9.8 The obligations of confidentiality set forth herein shall survive termination of this Agreement but shall only remain in effect for a period of one (1) year from the date the Information is first disclosed. 7.10 Damage or Injury to Subterranean Structures or Utilities, Hazardous Materials, Pollution and Contamination 7.10.1 To the extent that work pursuant to this Agreement requires any sampling, boring, excavation, ditching or other disruption of the soil or subsurface at the Site, Olsson shall confer with Client prior to such activity and Client will be responsible for identifying, locating and marking, as necessary, any private subterranean structures or utilities and Olsson shall be responsible for arranging investigation of public subterranean structures or utilities through an appropriate utility one-call provider. Thereafter, Olsson shall take all reasonable precautions to avoid damage or injury to subterranean structures or utilities which were identified by Client or the one- call provider. Olsson shall not be responsible for any damage, liability or costs, for any property damage, injury or economic loss arising or allegedly arising from damages to subterranean structures or utilities caused by subsurface penetrations in locations approved by Client and/or the one call provider or not correctly shown on any plans, drawings or utility clearance provided to Olsson, except for damages caused by the negligence of Olsson in the use of such information. 7.10.2 It is understood and agreed that any assistance Olsson may provide Client in the disposal of waste materials shall not result in Olsson being deemed as a generator, arranger, transporter or disposer of hazardous materials or hazardous waste as defined under any law or regulation. Title to all samples and waste materials remains with Client, and at no time shall Olsson take title to the above material. Client may authorize Olsson to execute Hazardous Waste Manifest, Bill of Lading or other forms as agent of Client. If Client requests Olsson to execute such documents as its agent, the Hazardous Waste Manifest, Bill of Lading or other similar documents shall be completed in the name of the Client. Client agrees to indemnify and hold Olsson harmless from any and all claims that Olsson is a generator, arranger, transporter, or disposer of hazardous waste as a result of any actions of Olsson, including, but not limited to, Olsson signing a Hazardous Waste Manifest, Bill of Lading or other form on behalf of Client. 7.10.3 At any time, Olsson can request in writing that Client remove samples, cuttings and hazardous substances generated by the Project(s) from the project site or other location. Client shall promptly comply with such request, and pay and be responsible for the removal and lawful disposal of samples, cuttings and hazardous substances, unless other arrangements are mutually agreed upon in writing. 7.10.4 Client shall release Olsson of any liability for, and shall defend and indemnify Olsson against any and all claims, liability and expense resulting from operations under this Agreement on account of injury to, destruction of, or loss or impairment of any property right in or to oil, gas, or other mineral substance or water, if at the time of the act or omission causing such injury, destruction, loss or impairment, said substance had not been reduced to physical possession above the surface of 78 Page 8 of 9 the earth, and for any loss or damage to any formation, strata, reservoir beneath the surface of the earth. 7.10.5 Notwithstanding anything to the contrary contained herein, it is understood and agreed by and between Olsson and Client that the responsibility for pollution and contamination shall be as follows: 7.10.5.1 Unless otherwise provided herein, Client shall assume all responsibility for, including control and removal of, and protect, defend and save harmless Olsson from and against all claims, demands and causes of action of every kind and character arising from pollution or contamination (including naturally occurring radioactive material) which originates above the surface of the land or water from spills of fuels, lubricants, motor oils, pipe dope, paints, solvents, ballast, bilge and garbage, except unavoidable pollution from reserve pits, wholly in Olsson’s possession and control and directly associated with Olsson’s equipment. 7.10.5.2 In the event a third party commits an act or omission which results in pollution or contamination for which either Olsson or Client, for whom such party is performing work, is held to be legally liable, the responsibility therefore shall be considered as between Olsson and Client, to be the same as if the party for whom the work was performed had performed the same and all of the obligations regarding defense, indemnity, holding harmless and limitation of responsibility and liability, as set forth herein, shall be specifically applied. 7.11 Controlling Law and Venue The parties agree that this Agreement and any legal actions concerning its validity, interpretation or performance shall be governed by the laws of the State of Nebraska. It is further agreed that any legal action between the parties arising out of this Agreement or the performance of services shall be brought in a court of competent jurisdiction in Nebraska. 7.12 Subconsultants Olsson may utilize as necessary in its discretion subconsultants and other subcontractors. Olsson will be paid for all services rendered by its subconsultants and other subconsultants as set forth in this Agreement. 7.13 Assignment 7.13.1 Client and Olsson each are hereby bound and the partners, successors, executors, administrators and legal representatives of Client and Olsson (and to the extent permitted by paragraph 7.13.2 the assigns of Client and Olsson) are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement. 7.13.2 Neither Client nor Olsson shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. Nothing contained in this paragraph shall prevent Olsson from employing such subconsultants and other subcontractors as Olsson may deem appropriate to assist in the performance of services under this Agreement. 7.13.3 Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than Client and Olsson, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of Client and Olsson and not for the benefit of any other party. There are no third-party beneficiaries of this Agreement. 7.14 Indemnity Olsson and Client mutually agree, to the fullest extent permitted by law, to indemnify and hold each other harmless from any and all damages, liabilities or costs, including reasonable attorneys’ fees and defense costs, relating to third party personal injury or third party property damage and arising from their own negligent acts, errors or omissions in the performance of their services under this Agreement, but only to the extent that each party is responsible for such damages, liabilities or costs on a comparative basis of fault. 7.15 Limitation on Damages 7.15.1 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither party’s individual employees, principals, officers or directors shall be subject to personal liability or damages arising out of or connected in any way to the Project(s) or to this Agreement. 7.15.2 Notwithstanding any other provision of this Agreement, and to the fullest extent permitted by law, neither Client nor Olsson, their respective officers, directors, partners, employees, contractors or subconsultants shall be liable to the other or shall make any claim for any delay damages, any punitive damages or any incidental, indirect or consequential damages arising out of or connected in any way to the Project(s) or to this Agreement. This mutual waiver of delay damages and consequential damages shall include, but is not limited to, disruptions, accelerations, inefficiencies, increased construction costs, increased home office overhead, loss of use, loss of profit, loss of business, loss of income, loss of reputation or any other delay or consequential damages that either party may have incurred from any cause of action including, but not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict liability, breach of contract and/or breach of strict or implied warranty. Both the Client and Olsson shall require similar waivers of consequential damages protecting all the entities or persons named herein in all contracts and subcontracts with others involved in the Project(s). 7.15.3 Notwithstanding any other provision of this Agreement, Client agrees that, to the fullest extent permitted by law, Olsson’s total liability to the Client for any and all injuries, claims, losses, expenses, damages, attorneys’ fees or claims expenses of any kind arising from any services provided by or through Olsson under this Agreement, shall not exceed the amount of Olsson’s fee earned under this Agreement. Client acknowledges that such causes include, but are not limited to, negligence, statutory violations, misrepresentation, fraud, deceptive trade practices, breach of fiduciary duties, strict 79 Page 9 of 9 liability, breach of contract and/or breach of strict or implied warranty. This limitation of liability shall apply to all phases of Olsson’s services performed in connection with the Project(s), whether subsequent to or prior to the execution of this Agreement. 7.16 Entire Agreement/Severability This Agreement supersedes all prior communications, understandings and agreements, whether oral or written. Amendments to this Agreement must be in writing and signed by the Client and Olsson. If any part of this Agreement is found to conflict with applicable law, such part alone shall be null and void and considered stricken, but the remainder of this Agreement shall be given full force and effect. 80 Eff. 1/2025 2025 Olsson Inc. 1 of 2 2025 Olsson Billing Rate Schedule Classification Billing Rate Executive Vice President $ 460.00 Market Leader $ 401.00 Geography/Discipline Leader $ 392.00 Sector Leader $ 346.00 Technical Expert $ 302.00 Senior Project Manager $ 302.00 Client Relationship Manager $ 302.00 Senior Team Leader $ 307.00 Group Leader $ 247.00 Client Manager/Project Manager $ 247.00 Associate Project Manager $ 222.00 Lead Engineer $ 247.00 Senior Engineer $ 239.00 Project Engineer $ 208.00 Engineer $ 178.00 Associate Engineer $ 156.00 Assistant Engineer $ 140.00 Lead Scientist $ 218.00 Senior Scientist $ 191.00 Project Scientist $ 159.00 Scientist $ 136.00 Associate Scientist $ 121.00 Assistant Scientist $ 102.00 Lead Planner $ 222.00 Senior Planner $ 198.00 Project Planner $ 164.00 Planner $ 145.00 Associate Planner $ 126.00 Assistant Planner $ 109.00 Lead Landscape Architect $ 222.00 Senior Landscape Architect $ 194.00 Project Landscape Architect $ 164.00 Landscape Architect $ 145.00 Associate Landscape Designer $ 126.00 Assistant Landscape Designer $ 111.00 Commissioning Manager/Technical Manager $ 244.00 Commissioning Agent $ 217.00 Commissioning Senior Technician $ 184.00 Commissioning AssociateTechnician $ 155.00 Commissioning Assistant Technician $ 131.00 Design Manager/Technical Manager $ 184.00 Design Associate $ 147.00 Senior Technician $ 119.00 Associate Technician $ 102.00 Assistant Technician $ 89.00 GIS Specialist $ 206.00 81 Eff. 1/2025 2025 Olsson Inc. 2 of 2 2025 Olsson Billing Rate Schedule Classification Billing Rate Stormwater Compliance Leader/Specialist $ 200.00 Stormwater Compliance Speclst/Sr Coord $ 154.00 Stormwater Compliance Coordinator $ 121.00 Stormwater Compliance Assistant $ 97.00 Business Development Sr Specialist $ 256.00 Business Development Specialist $ 198.00 Student Intern - Level 3 $ 112.00 Student Intern - Level 2 $ 96.00 Student Intern - Level 1 $ 80.00 Public Engagement Specialist/Sr Coordinator $ 136.00 Public Engagement Coordinator $ 107.00 Public Engagement Assistant $ 90.00 Administrative Senior Specialist/Leader $ 172.00 Administrative Specialist/Sr Coordinator $ 119.00 Administrative Coordinator $ 97.00 Administrative Assistant $ 78.00 Project Senior Coordinator $ 133.00 Project Coordinator $ 106.00 Note: The 2025 OIsson Billing Rate Schedule will be used the entirety of this project as it is not a multi-year contract. Billing Rate Schedules for Surveying, Construction Administration, Drilling, and Special Inspections/NDT/Materials Testing will be provided as Appendices, as needed. 82 ITEM #:12 DATE:06-10-25 DEPT:PW SUBJECT:STORY COUNTY WATER MONITORING AND INTERPRETATION PLAN 2021-2030 PROFESSIONAL SERVICES AGREEMENT COUNCIL ACTION FORM BACKGROUND: In 2020, a planning team of 24 members from Story County agencies, including Ames, developed a plan to comprehensively monitor stream and lake water quality in the County. The plan was presented to the City Council on March 23, 2021. An update was presented to the Council during the Watersheds Update on April 19, 2022. This county-wide plan is the first of its kind in Iowa . It provides a working document for meeting goals and strategies as the planning team continues to meet and support effective and practical stream and lake water quality monitoring efforts. The Story County Water Monitoring & Interpretation Plan 2021-2030 is now completing its fifth year. The purpose of the plan is to collect and analyze water sampling data, to increase residents' knowledge and understandings, identify problems in the watersheds within Story County, and to support and improve water quality. The goals of the plan are: 1. To increase awareness of water quality in Indian Creek and South Skunk River (and their tributaries), recognize progress, and engage stakeholders who can positively impact those watersheds. 2. Expand monitoring efforts to cover more of the county. 3. To identify and promote actions that improve and sustain the water quality and system resiliency of the lakes and rivers through which water travels. 4. To strengthen the working relationships between current and future partners as we implement the monitoring plan. Since the plan's inception, the City of Ames has contracted with Prairie Rivers of Iowa, RC & D, of Ames, Iowa (PRI) to assist in development and implementation of the plan. Other partners also contribute funding for implementation of the plan. Services provided by PRI include: Water Monitoring Work with Monitoring Planning team to implement goals and strategies and assist in holding at least four meetings/year with the Monitoring Planning team. Continue to oversee two volunteer monitoring snapshots taken in the spring and in the fall. Conduct monthly sample collection, delivery to lab, and reporting/interpretation of 83 data for 15 sites around the county and snapshot events. Work closely with the City of Ames Lab to collect and coordinate monitoring information for the Monitoring Plan. Oversee water quality monitoring webpage development and maintenance in partnership with City of Ames. Facilitate the development of a Quality Assurance Project Plan (QAPP) for the monitoring program Coordinate follow-up monitoring to identify bacteria sources. Water Quality Public Education Support the City of Ames events that involve conservation by interpreting and educating the public. If requested, provide one article a year about water quality and/or conservation to distribute throughout the city. Develop graphs and educational materials as needed. Other Conservation Efforts and Education Present water quality, water monitoring and other educational elements to the City Council, as needed. Support and participate in the Eco-Fair. Support the prairie restoration at the Ames Water and Pollution Plant on 13 th Street. Support City of Ames in project-related grant seeking and philanthropic endeavors, as needed. Conduct site analysis and/or develop restoration planting plans for best management practice (BMP) implementation, as needed, including supporting the development of a master plan for the section of Ioway Creek that flows through the City of Ames. A focus for FY 2025/26 will be source tracking E. Coli. A new testing method has become available that can narrow down the source of E. Coli and determine if it is human, bovine, swine, poultry, sheep or dog. The samples will be taken at strategic locations where there are known or anticipated high E. Coli levels. The proposed contract is for the period from July 1, 2025, through June 30, 2026. The contract amount is $56,740. This is the first year in which the agreement is above $50,000 and, therefore, City Council approval is necessary. Funding for the contract is from the following sources: Public Works Stormwater Permit Program $ 37,826.67 (2/3) WPC Watershed Nutrient Reduction CIP Program $ 18,913.33 (1/3) Total $ 56,740.00 84 ALTERNATIVES: 1. Approve the Professional Services Agreement for the Story County Water Monitoring and Interpretation Plan, 2021-2030 with Prairie Rivers of Iowa, RC & D of Ames, Iowa, billed monthly and not to exceed $56,740. 2. Do not approve the agreement for services. CITY MANAGER'S RECOMMENDED ACTION: Staff has worked diligently with PRI and other agencies to implement the plan that monitors water quality in local waterways, educates the public, and improves the water quality in area streams and waterbodies. This plan is starting the sixth year of implementation. Continued monitoring will identify trends and help determine the effectiveness of water quality practices and streambank stabilization projects. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): PRI-CityofAmes WaterMonitoringServicesAgreement 2025-2026 signed by PRI.pdf 85 COOPERATIVE AGREEMENT BETWEEN CITY OF AMES AND PRAIRIE RIVERS OF IOWA RC&D Water Monitoring This Agreement is made effective on July 1, 2025 by and between City of Ames, City Hall, 515 Clark Avenue, Ames, Iowa 50010 hereinafter referred to as ‘AMES’, and Prairie Rivers of Iowa RC&D, 3116 S Duff Avenue, Suite 201, Ames, Iowa 50010 . Prairie Rivers of Iowa RC&D is hereinafter referred to as ‘PRI’ for this agreement. The parties have agreed and do hereby enter into this agreement according to the provisions set out herein: A.Description of Services PRI will work with City of Ames to develop and implement water monitoring and conservation education throughout Ames and Story County. The work will include: 1)Water Monitoring ●Work with Monitoring Planning team to implement goals and strategies in 2025-26, and assist in holding at least four meetings/year with the Monitoring Planning team. ●Continue to oversee two volunteer monitoring snapshots taken in the spring and in the fall. ●Conduct monthly sample collection, delivery to lab, and reporting/interpretation of data for 15 sites around the county and snapshot events. ●Work closely with the City of Ames Lab to collect and coordinate monitoring information for the Monitoring Plan. ●Oversee water quality monitoring webpage development and maintenance in partnership with City of Ames. ●Facilitate the development of a Quality Assurance Project Plan (QAPP) for the monitoring program. ●Coordinate follow-up monitoring to identify bacteria sources. 86 2)Water Quality Public Education ●Support the City of Ames Eco-Chats and other watershed events that involve conservation by interpreting and educating the public. ●If requested, provide one article a year about water quality and/or conservation to distribute through the Cityside newsletter. ●Develop graphs and educational materials as needed. 3)Other Conservation Efforts and Education ●Present water quality, water monitoring and other educational elements to the City Council, as needed. ●Support and participate in the Eco-Fair. ●Support the prairie restoration at the Ames Water and Pollution Plant on 13 th Street. ●Support City of Ames in project-related grant seeking and philanthropic endeavors, as needed. ●Conduct site analysis and/or develop restoration planting plans for BMP implementation, as needed, including supporting the development of a master plan for the section of Ioway Creek that flows through the City of Ames. B.Scope of Work Timeline This contract is in effect from July 1, 2025, through June 30, 2026. C.Reimbursement These services will be invoiced and reimbursed for a total of $56,740. No greater amount shall be paid without a signed written amendment. D.Suspension/Termination Either party may terminate this Agreement by giving written notice to the other, at least 30 days before the effective date of termination. Either party may suspend this agreement. Notification of suspension shall be in writing. In the event of termination by either party, PRI will be paid for compliant services through the date of termination. E.Entire Agreement This Agreement contains the entire Agreement of the parties and there are no other promises or conditions in any other Agreement whether oral or written. F.Amendment This Agreement may be modified or amended by written order with mutual agreement by both parties. 2 87 88 ITEM #:13 DATE:06-10-25 DEPT:HR SUBJECT:FY 2025/26 PROPERTY BROKERAGE AGREEMENT COUNCIL ACTION FORM BACKGROUND: The City utilizes the services of a broker to procure property insurance coverage for City facilities. On June 25, 2024, the City Council awarded a contract to Willis Towers Watson (WTW) for this service for FY 2024/25. The contract contained two optional one-year r e ne wa ls . WTW’s proposal is to provide these services at $57,750 for the first optional renewal period from July 1, 2025 through June 30, 2026. The adopted FY 2025/26 City budget contains $60,000 for this service. ALTERNATIVES: 1. Approve a renewal of the property brokerage agreement with WTW in the amount of $57,750 for the period of July 1, 2025 through June 30, 2026. 2. Do not approve the proposed agreement and direct City staff to find alternatives to provide property brokerage services. CITY MANAGER'S RECOMMENDED ACTION: Willis has been the City's property insurance broker for many years. The firm provided the best response to an RFP conducted in 2024 for these services, and the proposed renewal contains a reasonable fee for the services. Willis continues to provide satisfactory services in finding the best property insurance rates Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 89 ITEM #:14 DATE:06-10-25 DEPT:HR SUBJECT:PROPERTY INSURANCE RENEWAL FOR FY 2025/26 COUNCIL ACTION FORM BACKGROUND: The City contracts with Willis of Greater Kansas, Inc. to provide property insurance brokerage services for the City's property insurance program. Willis has obtained quotes for property insurance coverage for FY 2025/26, and these quotes are now being presented for City Council approval. The City's property insurance program is split into two main components: The "Power" component, which covers Resource Recovery, the Power Plant, and assets related to the electrical infrastructure. In FY 2018/19 this coverage was moved to Starr Tech for underwriting of the policy. The "Municipal" component, which covers all other City property. This component has been underwritten by Chubb Insurance Group since 2012. Splitting the City's insurance coverage into two major components allows for an optimization of terms and pricing to fit each insurer's specialty, rather than placing all City property under a one-size-fits-all program. In addition, the broker arranges for flood insurance for the specific properties susceptible to flood damage (CyRide, WPC, and Furman Aquatic Center). QUOTATION SUMMARY: As with prior years through Willis, the municipal and flood coverage in the renewal proposal comes from Chubb (municipal property), and RSUI (flood insurance). The account rate for Chubb increased by 3.8% while the RSUI decreased 10.7% from FY 2024/25. The quotation details for the municipal portion of the program are as follows: FY 2025/26 'Municipal' Facilities Renewal (Chubb & RSUI) Chubb "Municipal" Assets Coverage FY 2025/26 FY 2024/25 Change Indexed Insured Values@ Replacement Cost, including CyRide Buses on Premises $348,012,912 $345,745,037 .6% Chubb Rate (premium plus TRIA ) .1101 .1061 3.8% Chubb Premium $383,000 $366,822 4.4% TRIA coverage (terrorism) $21,733 $19,299 12.6% 90 Excess Flood $5M Layer (RSUI) for WPC, CyRide, Furman Aquatic Center $100,000 $111,957 -10.7% Total Municipal Property Premium $504,733 $498,078 1.3% The municipal property premium is calculated by dividing the indexed insured value by 100, then multiplying the result by the rate. [($348,012,912/100) x .1101] = $383,000 (the quote uses a slightly more precise number for rate, which results in the quote being calculated at $383,000). FY 2025/26 "Power" Facilities Renewal The coverage for the Power facilities remains fixed at $200,000,000. This amount is the maximum that the City has been able to procure from the market. The Council should note that this is less than the value of all the Power facilities combined, meaning that in the extremely unlikely event that all power assets (including the Power Plant, all substations, the combustion turbines, and the Resource Recovery Plant) were destroyed in a single incident, the City would have to finance the portion of the replacement cost that exceeds the coverage limit. T h e premium is based on the total insured value rather than the policy limit, since a higher- valued property has a greater chance of reaching the policy limit compared to a lower valued property. FY 2025/26 FY 2024/25 Change Indexed Insured Values @ Replacement Cost $300,371,536 $300,371,536 0% Coverage Purchased $200,000,000 $200,000,000 -- Account Rate $0.158 $0.158 -0 Total Power Premium $496,230 $496,230 0% The power property premium is calculated by dividing the indexed insurance value by 100 multiplied by the rate. [($300,371,536/100) x .158] = $474,587 (the quote uses a slightly more precise number for rate, which results in the quote being calculated at $475,718). Added to the premium is TRIA (terrorism) coverage ($20,512) for a total of $496,230. FY 2025/26 Combined Property Renewal FY 2025/26 FY 2024/25 Change Total Power Premium $496,230 496,230 0% Total Municipal Property Premium $504,733 $498,078 1.3% TOTAL $1,000,963 $994,308 .7% The renewal quote for FY 2025/26 municipal properties is lower than the budgeted amount due a softening of the commercial property insurance market. At the time the FY 2025/26 City Budget was prepared, staff had anticipated a property insurance premium increase of up to 30%. Therefore, the adopted FY 2025/26 City budget includes a total of $1,191,304 for the property program premiums: $617,294 for Municipal Property premiums and $574,010 for Power facilities premiums. 91 ALTERNATIVES: 1. Approve the renewal for the property insurance program coverage at the combined quoted premium of $1,000,963 for FY 2025/26. 2. Do not approve the renewal of the property insurance program and direct staff to seek additional coverage quotes. CITY MANAGER'S RECOMMENDED ACTION: The proposed insurance renewal provides adequate coverage of the City’s assets and at a lower than anticipated cost. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 92 ITEM #:15 DATE:06-10-25 DEPT:HR SUBJECT:RENEWAL OF ICAP MEMBERSHIP TO PROCURE CASUALTY AND LIABILITY INSURANCE COVERAGES COUNCIL ACTION FORM BACKGROUND: The City's annual membership in the Iowa Community Assurances Pool (ICAP) expires on June 30, 2025. The City has been a member of ICAP since July 1, 2004, and secures its casualty and liability coverages through this membership. ICAP provides similar protection to approximately 300 cities, 70 counties, 50 fair boards, and over 250 other public entities. ICAP is a member-owned and funded group insurance pool for Iowa public entities. The following City coverages are provided by ICAP: General (Third Party) Liability, Vehicle and Transit Bus Liability, Bookmobile Physical Damage, Public Officials Wrongful Acts, Police Professional Liability, Cyber Breach/Liability. Membership in the ICAP pool is a long-term commitment based on the fundamentals of rate stability, availability of coverages meeting the City's needs, and the quality of services (underwriting, loss control, and claims handling). Below is a summary table of current fees from ICAP's for these same services for FY 2025/26. Type of Coverage and Coverage Amount FY 2024/25 Current FY 2025/26 Proposed General Liability ($2,000,000)$252,838 $251,244.15 Bond, incl. fee 4,683 0 - Moved to Travelers Ins. Automobile ($2,000,000)258,342 271,259.38 Public Officials ($2,000,000)66,918 70,265.56 Law Enforcement ($2,000,000) Cyber 45,976 0 48,275.59 15,964.38 Bookmobile Damage ($261,300)1,232 1,232.04 Excess Liability ($13,000,000)171,843 180,435.40 Total Invoice Cost $801,832 $838,675.52 The FY 2025/26 Total Cost of $838,675.52 is an increase of 4.6% from the Total Invoice Cost for FY 2024/25. At the time the FY 2025/26 Budget was prepared, staff was anticipating 10-15% increases in liability premiums. Additionally, funding was included anticipating the opening of the Fitch Family Indoor Aquatic Center, which is not yet reflected in this coverage quote. The FY 2025/26 Budget includes funding in the amount of $1,026,822 for liability coverage, which is sufficient to cover the proposed cost of coverage with ICAP. 93 ALTERNATIVES: 1. Accept the renewal of the City's membership in the Iowa Communities Assurance Pool (ICAP), with the cost not to exceed $838,675.52 for the coverages indicated above. 2. Direct staff to seek other alternatives for casualty and liability insurance. CITY MANAGER'S RECOMMENDED ACTION: The City's membership in ICAP continues to result in receiving excellent casualty and liability coverages and associated services at a competitive price. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 94 ITEM #:16 DATE:06-10-25 DEPT:LIB SUBJECT:CUSTODIAL SERVICES AT THE AMES PUBLIC LIBRARY - CONTRACT RENEWAL COUNCIL ACTION FORM BACKGROUND: All cleaning and custodial services for Ames Public Library are provided by a third-party professional cleaning service. The services include all routine daily cleaning tasks. On May 14, 2024, the City Council awarded a contract to ABM Industry Groups, LLC, of Des Moines, IA for these services in FY 2024/25. The contract is eligible for up to four additional one-year renewal terms. Library staff estimates 4,992 hours of cleaning services are required annually. These hours are an estimate for budgeting purposes; payments are made on an hourly basis for actual hours worked. The hourly rate for FY 2025/26 is $19.67 per hour, an increase of approximately 3.9% compared to the FY 2024/25 contract rate. The Board of Trustees, Ames Public Library, issued Resolution No. 2025-L014 on April 17, 2025, recommending the contract extension to ABM Industry Group. ALTERNATIVES: 1. Approve the contract renewal with ABM Industry Groups, LLC, of Des Moines, IA for Custodial Services at Ames Public Library for the period from July 1, 2025 through June 30, 2026, in an amount not-to-exceed $98,184. 2. Award the contract to one of the other bidders. 3. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: ABM continues to provide relatively low-cost custodial services for the Ames Public Library. ABM's representatives and have worked closely with Library staff to ensure there are high-quality results and the cleaning schedule accommodates the timing of library activities and public events. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Library Board Res No 2025-L014 Custodial Contract FY 25-26.pdf 95 FY26 Custodial Contract BOARD OF TRUSTEES AMES PUBLIC LIBRARY APRIL 17, 2025 Resolution No. 2025-L014 Be it resolved that the Board of Trustees, Ames Public Library, approves renewal and recommends that the City Council renews the contract with ABM Industry Groups, LLC, Des Moines, Iowa for library custodial services in FY26 in the amount of $98,184. Moved: Seconded: Vote on Motion: Voted Aye: Voted Nay: Absent: Abstained: Reynolds Thorbs-Weber 6-0 Arora, Gordillo, Johnson, Myers, Reynolds, Thorbs-Weber Reger Gibson 96 Briefing Paper: Custodial Contract April 17, 2025 Background: Custodial services for Ames Public Library are provided by a third-party professional cleaning service. The tasks included in this service are all the routine daily cleaning tasks. On April 18, 2024 the below bids were received. Based on the bids, the contract was awarded to ABM with the option to renew for four additional terms. Responding Supplier ABM Industry Groups, LLC. Reliable Maintenance Company Nationwide Office Care Cleaning Connection Servpro of Ames {Mac Rizzo LLC) MetroClean Solutions, LLC phClean {Professional Home Ames Inc) Peacefully Clean LLC ** Confirming Hourly Rate Which May Affect Yearl Hourly Extended FY Rate Year l 2024/2025 4992Hrs. $18.93 $ 94,498.56 $21.00 $ 104,832.00 $21.40 $ 106,828.80 **28.43 $ 141,900.00 $30.50 $ 152,256.00 $31.65 $ 157,996.80 $52.00 $ 259,584.00 $60.00 $ 299,520.00 Year2 Year3 Year4 Years Extended Extended Extended Extended FY 20205/2026 FY 20206/2027 FY 20205/2026 FY 20205/2026 4992Hrs. 4992 Hrs. 4992 Hrs. 4992 Hrs. $ 98,184.00 $ 101,620.44 $ 105,075.54 $ 108,543.03 $ 106,928.64 $ 109,067.21 $111,248.56 $ 113,473.53 $ 130,373.87 $ 159,968.74 $ 197,369.43 $ 244,738.09 $ 156,090.00 $ 171,699.00 $188,868.90 $ 207,755.79 $ 152,256.00 $ 152,256.00 $ 155,301.12 $ 155,301.12 $ 158,786.78 $ 159,580.72 $160,538.20 $ 162,143.58 $ 269,967.36 $ 280,766.05 $291,996.70 $ 303,676.56 $ 308,505.60 $ 317,760.77 $327,293.59 $ 337,112.40 For the last fiscal years ABM has provided relatively low cost custodial services for the Ames Public Library and ABM's representatives have worked closely with Library staff to accommodate the timing of library activities and public events. The hourly rate for the FY26 renewal is $19.67. Action: Administration recommends awarding the contract for FY2025/26 Custodial Services for the Ames Public Library to ABM Industry Groups, LLC in the amount of $98,184. SYearTotal $507,921.58 $545,549.94 $839,278.92 $866,313.69 $767,370.24 $799,046.09 $ 1,405,990.68 $ 1,590,192.36 97 ITEM #:17 DATE:06-10-25 DEPT:FIN SUBJECT:CONTRACT FOR PRINT-TO-MAIL SERVICES FOR UTILITY BILLS COUNCIL ACTION FORM BACKGROUND: The City issues approximately 297,711 utility billing statements annually. Rather than preparing, printing, and mailing utility billing statements in-house, the City utilizes a print-to- mail service to ensure timely and accurate delivery of these statements. Currently, only 18% of customers receive electronic bills. The City of Ames is currently contracted with Matrix Imaging Solutions (formerly DataProse) through June 30, 2025. The company has provided utility bill printing and mailing services for the City for over 20 years, with operations based in Texas. Recently, staff has received an increasing number of reports from customers indicating delayed or missing utility bills. In response, the City conducted a review of its current print-to-mail service. The review identified opportunities for improved service and cost savings by partnering with a vendor located closer to Ames. To evaluate potential improvements, the City issued a Request for Proposals (RFP) for print- to-mail services. Responses were received from eight vendors, which are listed below along with the evaluation score and first year cost for each: Vendor Score Cost American Solutions for Business, Grand Rapids, MI 746 $285,790 InfoSend, Inc., Downers Grove, IL 1260 $173,690 Lineage Connect, Kansas City, MO 916 $190,117 Matrix Imaging Solutions, LLC, Coppell, TX 1088 $197,031 OSG, Carol Stream, IL 870 $185,089 PCI Group, Inc., Fort Mill, SC 890 $260,248 RevSpring, Inc., Nashville, TN 944 $200,227 98 The Master’s Touch, LLC, Spokane, WA 938 $181,244 Proposals were evaluated based on pricing, service capabilities, reporting and invoicing functionality, data security, implementation approach, and vendor qualifications for a standard number of 352,354 statements. After a comprehensive review, InfoSend, Inc. was selected as the recommended vendor due to its overall value. While pricing between the current vendor and InfoSend, Inc. is similar, the City would benefit from enhanced features and estimated annual savings of approximately $1,650. Key advantages include: Mail Tracking : Ability to track bills through the USPS system, providing visibility when customers report non-receipt. Proximity: Bills would be mailed from a facility within five hours of Ames, significantly reducing mail delivery times. Improved E-Billing: InfoSend offers a $100/month Application Programming Interface (API) that integrates with the customer portal, allowing access to PDF versions of the past 12 months of bills. This is half the cost of the City’s current vendor and provides a more user-friendly experience than the existing HTML-based e-bills. Remittance Tracking : For $50/month, the City can receive tracking information for customer payments made by mail—an option not available through the current vendor. These improvements align with the City’s sustainability goals by promoting e-billing and reducing paper usage and mailing costs. Implementation with InfoSend is targeted for September 1, 2025. Until then, the City will continue month-to-month service with Matrix Imaging Solutions. The proposed contract with InfoSend, Inc. includes the original costs quoted above, a postage deposit, and the annual cost of the improved e-billing and remittance tracking, which breaks down as follows: Quoted Price (listed above) $173,690 Postage Deposit 41,010 API/Tracking Cost 1,800 Total Contract Amount: $216,500 ALTERNATIVES: 1. Award a contract for print-to-mail services to InfoSend, Inc. in an amount not to exceed $216,500. 2. Award a contract to one of the other vendors. 3. Reject all proposals and direct staff to rebid the required services. 99 CITY MANAGER'S RECOMMENDED ACTION: InfoSend offers enhanced service features, including USPS mail tracking and expanded digital access to billing statements, which will improve the customer experience and support the City's sustainability goals. In addition to providing these added benefits, InfoSend's pricing is slightly lower than the current vendor's. Their facility’s closer proximity to Ames will also help reduce delivery times for utility bills, further improving reliability and efficiency in customer communications. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. 100 ITEM #:18 DATE:06-10-25 DEPT:FIN SUBJECT:SUPERION SOFTWARE MAINTENANCE (MAPSG) COUNCIL ACTION FORM BACKGROUND: On June 14, 2005, the City entered into a 28E Agreement to support a joint computer network for public safety. The Multi-Agency Public Safety Group (MAPSG) is a public safety collaboration that includes Story County Sheriff’s Office, Iowa State University Department of Public Safety, and Ames Police as the principal collaborators. As part of the agreement, each entity is allocated a share of costs and responsibilities. The City is responsible for 29% of the costs and for arranging the payment of software maintenance. In order to comply with the terms of the agreement, the City has historically purchased ONESolution software, a software product of Superion, LLC, a CentralSquare Company (Central Square). Central Square is the shared public safety software vendor for the Public Safety Computer Aided Dispatch, Police Records, Phase II Mapping, MCIC/State Interface, and reporting applications. The City contracts with the vendor on an annual basis for maintenance services. Central Square, LLC is the sole provider of maintenance for these software applications. This yearly maintenance includes 24-hour programming support, software upgrades on all applications throughout the year, and eligibility to participate in the Central Square Users' Group annual meeting, where software enhancements are requested and formalized for the next year. The representatives of each agency responsible for the coordination of MAPSG believe this software continues to be the best solution to meet the needs of the group. In anticipation of the annual renewal, $253,236 was included and approved by the City Council as part of the FY 2025/26 budget process. This estimate was a 6% increase over the previous renewal from ONESolution software. The proposed agreement includes an annual contract amount of $261,081.67, or roughly $7,846 more than the budgeted allotment. The City of Ames’ share of these expenses is approximately $75,870.33 (29.1%), which is slightly more than the budgeted amount of $73,668. The shortfall in the City's share of the expenses will come from the Police ($2,088) and Fire ($114) operating budgets. The MAPGS partners believe the contracted amount represents a reasonable cost escalation and continue to believe this solution is best suited to meet the needs of the partnership and avoid significant disruptions in service. 101 ALTERNATIVES: 1. Waive the Purchasing Policies and Procedures requirement for competitive bids and authorize City staff to enter into FY 2025/2026 software maintenance contracts with Superion, LLC, a CentralSquare Company at an estimated cost of $261,081.67. 2. Do not authorize continuing a software maintenance contract with Superion LLC, a CentralSquare Company, and attempt to find another vendor for this type of software or discontinue the intergovernmental partnership. CITY MANAGER'S RECOMMENDED ACTION: As part of the MAPSG agreement, the City is responsible for software maintenance and for approximately 29% of the total cost. The group has historically utilized Central Square as the shared public safety software vendor for the Public Safety Computer Aided Dispatch, Police Records, Phase II Mapping, MCIC/State Interface, and reporting applications and has been happy with the product and service provided. Because Central Square, LLC is the sole provider of the software, staff believes it is in the City’s best interest for the Council to waive the formal bidding requirements. Of the total renewal cost of $261,081.67, the City will be responsible for approximately 29%, or $75,870.33. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 102 ITEM #:19 DATE:06-10-25 DEPT:ELEC SUBJECT:ELECTRIC MARKET PARTICIPANT SERVICES CONTRACT COUNCIL ACTION FORM BACKGROUND: Electric Services provides electricity to most of the homes and businesses in Ames. Energy that is not produced by the City’s local electric generation or received from the utility's long- term wind contract is purchased through a regional organization called the Midcontinent Independent System Operator (MISO). Energy is purchased on a day-ahead and real-time basis, to match the utility’s electric requirements with energy production. To accomplish this, sophisticated software is needed to balance electric load forecasting information, wind production forecasts, and generation pricing to create the right balance of local generation and market purchases. This action involves a subscription for market-specific software that provides the necessary platform, tools, and functionality to enable staff at Electric Services to transact and communicate with the MISO Energy Market. This software enables Electric Services to market, schedule, and manage the City’s load (the electric demand by its customers) and its wind generation in MISO. The use of this software enables staff to make strategic decisions to optimize the utility’s portfolio in the MISO market and provides the critical tools needed by staff to check the accuracy of MISO’s complex billing system. On May 26, 2020, City Council awarded a three-year contract to MCG Energy Solutions, LLC, Minneapolis, MN, for MISO Energy Market software service, with two optional renewal periods. The final renewal period of the contract will expire on July 1, 2025. Staff is requesting the City Council to waive the Purchasing Policies and Procedures requirement for competitive bids services and enter into a contract with MCG to continue to provide these services. Reasons for this approach as opposed to seeking competitive bids include: 1. MCG Energy Solutions provides Electric staff with several highly specialized and custom reports and a critically needed custom dashboard display module designed specifically for Ames’ generation and load within its software application at no cost. MCG has customized its software for Ames’ specific needs and requirements for scheduling the City’s wind farm in the MISO market. These custom features utilized by City staff would be lost by switching vendors. 2. Less downtime in the day-to-day use and operation of software. Configuring new complex communication systems used to share critical operational data would also impact Ames’ other vendors whose critical services are needed. Switching providers would require extensive training for several staff with an estimated 150 hours of labor to 103 manage the conversion. MCG has proposed a fixed pricing structure for a five-year contract period. The cost for the first year of the service (FY 2025/26) is a 2.5% increase compared to the cost for the current year. The proposed pricing contains annual 2.5% increases, as shown in the table below. CONTRACT PERIOD COST 7/1/2025 to 6/30/2026 $120,841.32 7/1/2026 to 6/30/2027 $123,862.44 7/1/2027 to 6/30/2028 $126,958.92 7/1/2028 to 6/30/2029 $130,132.92 7/1/2029 to 6/30/2030 $133,386.24 A new purchase order will be sent for each fiscal year. Payments will be made on a monthly basis over the 5-year period. The agreement contains a non-appropriation clause that allows the City to cancel if funds are not appropriated in future City budgets. The approved FY 2025/26 operating budget includes $138,500 for this software support service. ALTERNATIVES: 1. Waive the Purchasing Policies and Procedures requirement for formal bidding procedures and award a five-year contract with MCG Energy Solutions, LLC, Minneapolis, MN, for MISO Market Participant Services for the period of July 1, 2025 through June 30, 2030 in the amount of $635,181.84. 2. Reject the renewal option and instruct staff to seek new competitive bids. CITY MANAGER'S RECOMMENDED ACTION: The proposed contract with MCG Energy Solutions, LLC will provide MISO Energy Market software service for Electric Services that assures fixed pricing, continuity of integration and service, and reduced administrative burden. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as stated above. 104 ITEM #:20 DATE:06-10-25 DEPT:ELEC SUBJECT:TIPPING FEES FOR POWER PLANT ASH DISPOSAL COUNCIL ACTION FORM BACKGROUND: The City's Power Plant currently uses a small section of the ash pond where combusted Refuse Derived Fuel (RDF) residue settles to the bottom. The ash itself is composed of inorganic materials in the fuel that do not burn and must be removed from the boilers to allow continual operation. Once deposited in the ash pond, the relatively clean water on the top of the pond can be recycled to the Power Plant to transport additional ash from the bottom of the boilers. Over time the ash builds up on the bottom of the pond and reduces the available capacity. The ash must be regularly removed via excavating or dredging and hauled to a landfill to provide continual space so the boilers can continue to burn RDF. Boone County Landfill is the designated landfill for Ames' solid waste and, therefore, would be the landfill where excavated ash is typically disposed. However, Boone County Landfill does not want to receive the RDF combustion ash and has instructed the City to haul the ash to another landfill. In the past, the City has hauled the ash to Metro Park East Landfill in Mitchellville, Iowa. Recently, Metro Park East increased its tipping fees. City staff explored alternatives and learned that the Marshall County Landfill will take the RDF ash at a lower cost per ton, thereby reducing the utility's expenses. At the City's request, Boone County has released the ash to Marshall County Landfill for disposal. Funding for this contract with Marshall County Landfill will come from the FY 2025/26 Power Plant Ash System account where $300,000 is allocated for ash hauling and disposal. Of this amount, $100,000 is available to cover the tipping fees for the Marshall County Landfill (this action). The remaining $200,000 is obligated under a separate contract with Wulfekuhle Injection & Pumping to remove the ash from the pond and haul it. That contract was approved by City Council on April 8, 2025. In addition to approving the contract, the Council is being asked to waive the Purchasing Policies and Procedures requirement for formal bids, since solid waste planning area regulations would prevent the City from bidding the disposal location for this material. ALTERNATIVES: 1. Waive the City’s Purchasing Policies and Procedures requirement for formal bidding procedures and award a contract to Marshall County Landfill, Marshalltown, IA for landfill tipping fees for Power Plant ash disposal in the amount not to exceed $100,000 from July 1, 2025 through June 30, 2026. 2. Do not approve the contract and continue to haul RDF ash to Metro Park Ease Landfill. 105 CITY MANAGER'S RECOMMENDED ACTION: The Power Plant needs to continuously remove ash from the ash pond when a unit is burning RDF. This contract will provide for the disposal of the ash. The actual amount paid to Marshall County will be dependent upon the amount of ash delivered to the facility. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1. 106 ITEM #:21 DATE:06-10-25 DEPT:PW SUBJECT:PUBLIC WORKS SURVEY EQUIPMENT COUNCIL ACTION FORM BACKGROUND: The Engineering Division of Public Works performs engineering surveys for design and analysis of Public Works projects. These surveys utilize highly calibrated survey instruments to gather detailed information that aid in the development of engineering plans. The General Fund savings were reallocated in the adjusted FY 2024/25 operating budget to finance the purchase of two pieces of specialized survey equipment. The first is a Trimble X7 3D Laser Scanner that will significantly reduce time and labor to conduct topographic survey data. This instrument also greatly improves safety when surveying high-traffic areas as the operator is not required to be in the street performing the work. The second piece of equipment is a Tridrone RCV Remote Survey Boat. This boat allows for robotic survey of storm water basins. Currently, this work is completed by placing engineering staff and equipment in a boat. The proposed instrument greatly enhances staff safety while limiting the survey equipment's exposure to water damage. Seiler Instrument & Manufacturing Co. is the sole authorized distributor in Iowa for both Trimble and Seafloor Systems, the manufacturers of the two survey devices. The equipment is brand compatible with the existing survey equipment in Public Works, thus reducing operational and maintenance complexity. There are no other vendors in Iowa due to Seiler's distribution rights. Staff has received quotes for the two devices for a combined purchase amount of $59,016.50. Funding is available in the adjusted FY 2024/25 operating budget in the amount of $69,500. ALTERNATIVES: 1. Waive the City’s Purchasing Policies and Procedures requirement for competitive bids and approve the single source purchase from Seiler Instrument & Manufacturing Co. for a total of $59,016.50. 2. Do not approve the single source procurement and direct staff to solicit competitive bids. CITY MANAGER'S RECOMMENDED ACTION: This equipment will expand the City’s ability to complete complex survey work safely, efficiently, and using in-house resources. Given the authorized sole distributorship and standardization benefits, staff believes a waiver of competitive bidding is justified. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 107 To:Mayor and City Council From:City Clerk's Office Date:June 10, 2025 Subject:Contract and Bond Approval Item No. 22 MEMO There is no Council Action Form for the 2024/25 Accessibility Enhancement Program with TK Concrete, Inc. of Pella, IA, in the amount of $88,250. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 108 To:Mayor and City Council From:City Clerk's Office Date:June 10, 2025 Subject:Contract and Bond Approval Item No. 23 MEMO There is no Council Action Form for the 2024/25 Airport Entryway Improvements with TK Concrete, Inc. of Pella, IA, in the amount of $554,055. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 109 To:Mayor and City Council From:City Clerk's Office Date:June 10, 2025 Subject:Contract and Bond Approval Item No. 24 MEMO There is no Council Action Form for the 2024/25 South 16th Street Roadway Widening with Con-Struct, Inc. of Ames, IA, in the amount of $3,625,832.10. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 110 To:Mayor and City Council From:City Clerk's Office Date:June 10, 2025 Subject:Contract and Bond Approval Item No. 25 MEMO There is no Council Action Form for the Emergency Generator System for the Power Plant with Van Maanen Electric, Inc. of Newton, Iowa, in the amount of $310,670. City Council approval of the contract and bond for the project is simply fulfilling a State Code requirement. City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 111 ITEM #:26 DATE:06-10-25 DEPT:W&PC SUBJECT:WPC FACILITY BIOSOLIDS DISPOSAL OPERATIONS COUNCIL ACTION FORM BACKGROUND: On May 14, 2024, City Council awarded a contract in an amount not-to-exceed $126,750.00 to Wulfekuhle Injection & Pumping of Peosta, Iowa, to complete the third and final year of a three-year biosolids disposal contract at the Water Pollution Control Facility (WPC). All work under the FY 2024/25 contract was completed to the satisfaction of staff and in accordance with the contract at a final cost of $105,626.61. Staff is recommending that Council accept completion of the work under the FY 2024/25 contract. Proposals are currently being reviewed for the next three-year agreement. A recommendation will be presented to Council in July. ALTERNATIVES: 1. Accept completion of the FY 2024/25 contract in a final amount of $105,626.61. 2. Do not accept completion at this time. CITY MANAGER'S RECOMMENDED ACTION: Disposal of biosolids at the WPC Facility is necessary for uninterrupted operation of the facility and continued permit compliance. Wulfekuhle Injection & Pumping has successfully completed the work required for FY 2024/25, and the project is now ready to be accepted. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 112 ITEM #:27 DATE:06-10-25 DEPT:P&H SUBJECT:DEDICATION OF RIGHT OF WAY FOR 24TH STREET AND HOOVER AVENUE COUNCIL ACTION FORM BACKGROUND: The City's Subdivision Code in Chapter 23 of the Ames Municipal Code includes a process for creating or modifying property boundaries and for determining if any improvements are required in conjunction with the platting of property. The subject, unplatted (conveyance) properties are at the northeast corner of 24th Street and Hoover Avenue: 1403 24th Street (Calvary United Methodist Church) and 2524 Hoover Avenue (Church of Jesus Christ of Latter-day Saints). The two churches are executing a boundary line adjustment via a plat of survey. The shared property line is moving 121.45 feet to the south (Attachment A). This boundary line adjustment will increase the size of the Latter-day Saints property and shrinks the size of the Methodist Church property. The land to change hands is grassy lawn, with a few scattered trees. There are no improvements in this space. Excluding the right-of- way, the Methodist Church property is currently around 4.3 acres and will be reduced to 3.088 acres. Excluding the right-of-way, the Latter-day Saints property is currently 2.79 acres and will be enlarged to 3.992 acres. Moving the property line will not create any encroachments or other nonconformities. The Church of Jesus Christ of Latter-day Saints has not indicated what it intends to do with the property it is acquiring. Maps currently show the right-of-way as dedicated, but through the plat of survey process, it was determined that the right-of-way was still part of the subject parcels. Plats of survey for boundary line adjustments do not ordinarily go to City Council for review, but because this particular plat of survey involved right-of-way dedication, the City Council must approve accepting the dedication. Dedication includes approximately 434 feet of right- of-way along 24th Street and approximately 712 feet of right-of-way along Hoover Avenue. This dedication must be accepted before the Plat of Survey can be recorded (see Attachment B & C). Deeds conveying the right-of-way for each original property are shown in Attachment D. 113 ALTERNATIVES: 1. Approve a resolution accepting the right-of-way dedication with the attached deeds, thereby authorizing the Planning and Housing Director to approve the final Plat of Survey. 2. Deny the acceptance of the right-of-way on the basis that the City Council finds that the requirements for Plats of Survey and right-of-way dedication requirements as described in Sec. 23.308 and 23.309 have not been satisfied. 3. Refer this request back to staff and/or the owners for additional information. CITY MANAGER'S RECOMMENDED ACTION: The Plat of Survey will move the common lot line between the Calvary United Methodist Church and the Church of Jesus Christ of Latter-day Saints. The Methodist Church property will decrease in size and the Latter-day Saints property will increase in size. The boundary line adjustment will not create any nonconformities. Therefore, it is the recommendation of the City Manager that the City Council adopted Alternative #1 as described above. ATTACHMENT(S): Attachment A - Location Map.pdf Attachment B - Plat Map.pdf Attachment C - Acquisition Plats.pdf Attachment D - Deeds.pdf 114 HOOVER AVE 24TH ST 25TH ST TYLER AVE Right-of-Way Acceptance1403 24th Street &2524 Hoover Avenue Legend Existing Property Lines010020050Feet ¯ Calvary United Methodist Church 1403 24th Street Church of Jesus Christ of Latter-day Saints2524 Hoover Avenue Approximate Location of Future Property Line Attachm ent A 115 N89°02'43"E 433.57' (433.69') N0 0 ° 2 8 ' 5 9 " W 3 1 0 . 1 1 ' S0 0 ° 2 8 ' 5 9 " E 2 7 9 . 9 1 ' ( 2 8 0 . 0 ' ) 12 0 . 0 3 ' ( 1 2 0 . 0 ' ) 20 . 0 8 ' 54 . 8 2 ' 74 . 8 8 ' ( 7 5 . 0 ' ) 15 0 . 2 1 ' ( 1 5 0 . 0 0 ' ) 13.66' S0 0 ° 2 8 ' 0 5 " E 3 1 0 . 5 4 ' S89°02'43"W 466.51' (466.69') N0 0 ° 2 8 ' 0 5 " W 4 6 7 . 0 2 ' ( 4 6 6 . 6 9 ' ) S0 0 ° 2 8 ' 0 5 " E 2 7 9 . 4 7 ' ( 2 8 0 . 0 ' ) N89°02'48"E 433.38' (433.70') SW COR NW 1/4 NE 1/4 SEC. 34-84-24 CUT 'X' S0 0 ° 2 8 ' 0 6 " E 1 5 1 . 8 1 ' ( 1 5 2 . 0 0 ' ) LOT 1 0 LOT 1 1 LOT 1 2 LOT 1 3 LOT 1 4 LOT 1 5 LOT 1 6 6TH A D D . NORT H G R A N D SUBD I V I S I O N LOT 1 LOT 2 LOT 3 LOT 4 LOT 5 LOT 6 LOT 7 19 0 . 0 9 ' LOT 8 9TH A D D . NORT H GRAN D 4TH A D D . NORT H G R A N D SUBD I V I S I O N PARCEL 'L' 134,530.41 SQ. FT. - 3.088 ACRES (NET) OWN E R : CHUR C H O F J E S U S C H R I S T OF T H E L A T T E R D A Y S A I N T S L8 35 ' 32.93' L7 2 4 T H S T R E E T - 7 0 ' R . O . W . H O O V E R A V E - 6 6 ' R . O . W . END OF FENCE IS 1.1' WEST OF PROPERTY LINE DRAINAGE EASEMENT BOOK 148 PAGE 231 25' B.S.L. 15 ' B . S . L . 8' B . S . L . PARCEL 'K' P.O.B. PARCEL 'L' P.O.C. 3/4" G.P. 3/4" I.R. MAG NAIL P.O.B. TRACT 'B' CUT 'X' FENCE CORNER IS 0.1' EAST OF PROPERTY LINE FENCE CORNER IS 0.2' EAST OF PROPERTY LINE OWN E R : CALV A R Y U N I T E D METH O D I S T C H U R C H 5/8" I.R. w/ PINK CAP #24805 NOTE #2 NOTE #2 NOTE #2 NOTE #2 N0 0 ° 2 8 ' 0 5 " W 2 1 5 . 1 5 ' L6 N0 0 ° 2 8 ' 0 5 " W 1 2 1 . 4 5 ' S89°06'03"W 433.49' (433.69') S0 0 ° 2 8 ' 0 5 " E 4 3 1 . 9 9 ' ( 4 3 1 . 6 9 ' ) N0 0 ° 2 8 ' 0 5 " W 2 7 9 . 5 1 ' ( 2 8 0 . 0 0 ' ) MAG NAIL P.O.B. TRACT 'A' P.O.C. TRACT 'B' PARCEL 'L' P.O.B. STRUCTURAL COLUMN (TYP.) 42 . 5 1 ' 39 . 7 2 ' PARCEL 'K' 173,871.01 SQ. FT. - 3.992 ACRES (NET) TRACT 'B' 30,553.48 SQ. FT. - 0.701 ACRES (R.O.W.) TRACT 'A' 9,203.58 SQ. FT. - 0.211 ACRES (R.O.W.) L1 L2 L3 L4 L5 LINE TABLE LINE L1 L2 L3 L4 L5 L6 L7 L8 LENGTH 62.66' 56.48' 11.92' 15.00' 21.45' 32.93' 32.93' 35.00' DIRECTION S89°06'03"W N52°51'58"E S11°50'06"E N90°00'00"E S00°28'59"E S89°02'48"W N89°06'03"E S00°28'59"E NEW STORM SEWER EASEMENT AREA = 1,144.65 SQ. FT. 35.00' 10 1 . 6 1 ' S0 0 ° 2 8 ' 5 9 " E 1 2 1 . 4 5 ' SOUTH LINE OF THE NW 1/4 NE 1/4 SEC. 34-84-24 WE S T L I N E O F T H E N W 1 / 4 N E 1 / 4 S E C . 3 4 - 8 4 - 2 4 HELD FOR EAST R.O.W. LOCATION P.O.B. NEW STORM SEWER EASEMENT N89°06'03"E 433.45' (466.69') ORIGINAL N. LINE OF S. 466.69' OF THE W. 466.69' 20' B.S.L. 25 ' B . S . L . 8' B.S.L. 8' B.S.L. 20 ' B . S . L . 13.07'13.48' EXIST. GARAGE EXIST. TRASH ENCLOSURE 1403 2 4 T H S T R E E T AME S , I A 5 0 0 1 0 2524 H O O V E R A V E AME S , I A 5 0 0 1 0 N PLAT OF SURVEY BDO CC 3008 DATE: JOB NUMBER 0 SCALE: COOPER CRAWFORD& Associates Civil Engineers & Land Surveyors 475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265 PHONE: (515) 224-1344 FAX: (515) 224-1345 5-1-2025 1"=60' 30 60 DATE OF FIELD WORK BASIS OF BEARING IOWA STATE PLANE NORTH ZONE #1401 - IOWA RTN 03-17-2025 SHEET 2 OF 2SET 5/8" I.R. W/ PINK CAP #24805 UNLESS NOTED MONUMENT FOUND 1/2" I.R. UNLESS NOTED RIGHT OF WAY LEGEND G.P. R.O.W. (XX.XX') XX.XX' I.R. RECORDED DISTANCE MEASURED DISTANCE IRON GAS PIPE SECTION CORNER FOUND AS NOTED IRON ROD PUBLIC UTILITY EASEMENTP.U.E. SECTION CORNER SET 5/8" I.R. W/ PINK CAP #24805 POINT OF BEGINNINGP.O.B. POINT OF COMMENCEMENT P.O.C.116 S0 0 ° 2 8 ' 5 9 " E 2 7 9 . 9 1 ' ( 2 8 0 . 0 ' ) 20 . 0 8 ' 54 . 8 2 ' 74 . 8 8 ' ( 7 5 . 0 ' ) 15 0 . 2 1 ' ( 1 5 0 . 0 0 ' ) 13.66' S0 0 ° 2 8 ' 0 5 " E 2 7 9 . 4 7 ' ( 2 8 0 . 0 ' ) N89°02'48"E 433.38' (433.70') LOT 1 0 LOT 1 1 LOT 1 2 LOT 1 3 LOT 1 4 LOT 1 5 LOT 1 6 6TH A D D . NORT H G R A N D SUBD I V I S I O N LOT 1 LOT 2 LOT 3 LOT 4 4TH A D D . NORT H G R A N D L2 MAG NAIL OWN E R : CALV A R Y U N I T E D METH O D I S T C H U R C H NOTE #2 L1 N0 0 ° 2 8 ' 0 5 " W 2 7 9 . 5 1 ' ( 2 8 0 . 0 0 ' ) MAG NAIL P.O.B. TRACT 'A' TRACT 'A' 9,203.58 SQ. FT. - 0.211 ACRES (R.O.W.) LINE TABLE LINE L1 L2 LENGTH 32.93' 32.93' DIRECTION S89°02'48"W N89°06'03"E WE S T L I N E O F T H E N W 1 / 4 N E 1 / 4 S E C . 3 4 - 8 4 - 2 4 HELD FOR EAST R.O.W. LOCATION N89°06'03"E 433.45' (433.69') ORIGINAL N. LINE OF S. 466.69' OF THE W. 466.69' ALTA / N S P S S U R V E Y INST . # 2 0 2 5 - 0 2 2 6 2 N. 28 0 ' O F T H E S . 7 4 6 . 7 ' OF T H E W . 4 6 6 . 7 ' O F T H E N 1/2 O F T H E N E 1 / 4 SEC. 3 4 - 8 4 - 2 4 N ACQUISITION PLAT OF PROPERTY BEING CONVEYED TO THE CITY OF AMES SITE ADDRESS: 2524 HOOVER AVE AMES, IA 50010 SURVEY NOTES: 1.THIS SURVEY IS SUBJECT TO ANY AND ALL EASEMENTS, APPARENT OR OF RECORD. 2.THE PORTIONS OF THE NORTH HALF OF 24TH STREET RIGHT OF WAY AND THE EAST HALF OF HOOVER AVENUE RIGHT OF WAY ADJACENT TO BOTH CHURCH PROPERTIES ARE CURRENTLY BY EASEMENT ONLY. 3.SEE ALTA/NSPS SURVEY INST. #2025-02262 FOR ADDITIONAL BOUNDARY INFORMATION. PAGES OR SHEETS COVERED BY THIS SEAL: CHAD R. ASBERRY, PLS IOWA LICENSE NO. 24805 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SHEET 1 BDO CC 3008 DATE: JOB NUMBER 0 SCALE: COOPER CRAWFORD& Associates Civil Engineers & Land Surveyors 475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265 PHONE: (515) 224-1344 FAX: (515) 224-1345 5-19-2025 1"=60' 30 60 DATE OF FIELD WORK BASIS OF BEARING IOWA STATE PLANE NORTH ZONE #1401 - IOWA RTN 03-17-2025 RECORDER'S USE ONLY SHEET 1 INDEX LEGEND COUNTY:STORY LOCATION : NW 1/4 NE 1/4 SEC. 34 - 84N - 24W REQUESTOR: CITY OF AMES PROPRIETOR: CHURCH OF JESUS CHRIST OF LATTER DAY SAINTS SURVEYOR: CHAD R. ASBERRY, P.L.S. SURVEYOR COMPANY: COOPER CRAWFORD & ASSOCIATES, LLC 475 S. 50th STREET, SUITE 800 WEST DES MOINES, IOWA 50265 RETURN TO : COOPER CRAWFORD & ASSOCIATES, LLC TRACT 'A' RIGHT OF WAY DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 746.70 FEET OF THE WEST 466.70 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF THE 6TH ADDITION TO NORTH GRAND SUBDIVISION AS SHOWN IN BOOK 132 PAGE 519 IN THE COUNTY RECORDER'S OFFICE; THENCE S00°28'05"E ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 279.47 FEET; THENCE N89°06'03"E, A DISTANCE OF 32.93 FEET; THENCE N00°28'05"W, A DISTANCE OF 279.51 FEET TO THE SOUTHWEST CORNER OF LOT 10 OF THE SAID 6TH ADDITION TO NORTH GRAND SUBDIVISION, THENCE S89°02'48"W ALONG THE EXTENSION OF THE SOUTH LINE OF SAID LOT 10, A DISTANCE OF 32.93 FEET TO THE POINT OF BEGINNING AND CONTAINING 9,203.58 SQUARE FEET. SET 5/8" I.R. W/ PINK CAP #24805 UNLESS NOTED MONUMENT FOUND 1/2" I.R. UNLESS NOTED RIGHT OF WAY LEGEND G.P. R.O.W. (XX.XX') XX.XX' I.R. RECORDED DISTANCE MEASURED DISTANCE IRON GAS PIPE SECTION CORNER FOUND AS NOTED IRON ROD PUBLIC UTILITY EASEMENTP.U.E. SECTION CORNER SET 5/8" I.R. W/ PINK CAP #24805 POINT OF BEGINNINGP.O.B. POINT OF COMMENCEMENT P.O.C. 117 N89°02'43"E 433.57' (433.69') S0 0 ° 2 8 ' 5 9 " E 4 3 1 . 5 7 ' ( 4 3 1 . 6 9 ' ) 12 0 . 0 3 ' ( 1 2 0 . 0 ' ) 20 . 0 8 ' S89°02'43"W 466.51' (466.69') N0 0 ° 2 8 ' 0 5 " W 4 6 7 . 0 2 ' ( 4 6 6 . 6 9 ' ) SW COR NW 1/4 NE 1/4 SEC. 34-84-24 CUT 'X' S0 0 ° 2 8 ' 0 6 " E 1 5 1 . 8 1 ' ( 1 5 2 . 0 0 ' ) LOT 4 LOT 5 LOT 6 LOT 7 29 1 . 4 6 ' LOT 8 9TH A D D . NORT H GRAN D 4TH A D D . NORT H G R A N D SUBD I V I S I O N OWN E R : CHU R C H O F J E S U S C H R I S T OF T H E L A T T E R D A Y S A I N T S L3 35 ' 32.93' L2 2 4 T H S T R E E T - 7 0 ' R . O . W . H O O V E R A V E - 6 6 ' R . O . W . END OF FENCE IS 1.1' WEST OF PROPERTY LINE 3/4" G.P. 3/4" I.R. MAG NAIL P.O.B. TRACT 'B' CUT 'X' FENCE CORNER IS 0.1' EAST OF PROPERTY LINE FENCE CORNER IS 0.2' EAST OF PROPERTY LINE OWN E R : CALV A R Y U N I T E D METH O D I S T C H U R C H 5/8" I.R. w/ PINK CAP #24805 NOTE #2 NOTE #2 NOTE #2 S0 0 ° 2 8 ' 0 5 " E 4 3 1 . 9 9 ' ( 4 3 1 . 6 9 ' ) TRACT 'B' 30,553.48 SQ. FT. - 0.701 ACRES (R.O.W.) LINE TABLE LINE L2 L3 LENGTH 32.93' 35.00' DIRECTION N89°06'03"E S00°28'59"E SOUTH LINE OF THE NW 1/4 NE 1/4 SEC. 34-84-24 HELD FOR EAST R.O.W. LOCATION N89°06'03"E 433.45' (433.69') ORIGINAL N. LINE OF S. 466.69' OF THE W. 466.69' S. 46 6 . 6 9 ' O F T H E W . 4 6 6 . 6 9 ' OF T H E N 1 / 2 O F T H E N E 1 / 4 SEC. 3 4 - 8 4 - 2 4 ALTA / N S P S S U R V E Y INS T . # 2 0 2 5 - 0 2 2 6 2 N ACQUISITION PLAT OF PROPERTY BEING CONVEYED TO THE CITY OF AMES SITE ADDRESS: 1403 24TH STREET AMES, IA 50010 SURVEY NOTES: 1.THIS SURVEY IS SUBJECT TO ANY AND ALL EASEMENTS, APPARENT OR OF RECORD. 2.THE PORTIONS OF THE NORTH HALF OF 24TH STREET RIGHT OF WAY AND THE EAST HALF OF HOOVER AVENUE RIGHT OF WAY ADJACENT TO BOTH CHURCH PROPERTIES ARE CURRENTLY BY EASEMENT ONLY. 3.SEE ALTA/NSPS SURVEY INST. #2025-02262 FOR ADDITIONAL BOUNDARY INFORMATION. PAGES OR SHEETS COVERED BY THIS SEAL: CHAD R. ASBERRY, PLS IOWA LICENSE NO. 24805 MY LICENSE RENEWAL DATE IS DECEMBER 31, 2025 I HEREBY CERTIFY THAT THIS LAND SURVEYING DOCUMENT WAS PREPARED AND THE RELATED SURVEY WORK WAS PERFORMED BY ME OR UNDER MY DIRECT PERSONAL SUPERVISION, AND THAT I AM A DULY LICENSED PROFESSIONAL LAND SURVEYOR UNDER THE LAWS OF THE STATE OF IOWA. SHEET 1 BDO CC 3008 DATE: JOB NUMBER 0 SCALE: COOPER CRAWFORD& Associates Civil Engineers & Land Surveyors 475 S. 50th STREET, SUITE 800, WEST DES MOINES, IOWA 50265 PHONE: (515) 224-1344 FAX: (515) 224-1345 5-19-2025 1"=60' 30 60 DATE OF FIELD WORK BASIS OF BEARING IOWA STATE PLANE NORTH ZONE #1401 - IOWA RTN 03-17-2025 RECORDER'S USE ONLY SHEET 1 INDEX LEGEND COUNTY:STORY LOCATION : NW 1/4 NE 1/4 SEC. 34 - 84N - 24W REQUESTOR: CITY OF AMES PROPRIETOR: CALVARY UNITED METHODIST CHURCH SURVEYOR: CHAD R. ASBERRY, P.L.S. SURVEYOR COMPANY: COOPER CRAWFORD & ASSOCIATES, LLC 475 S. 50th STREET, SUITE 800 WEST DES MOINES, IOWA 50265 RETURN TO : COOPER CRAWFORD & ASSOCIATES, LLC TRACT 'B' RIGHT OF WAY DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 466.69 FEET OF THE WEST 466.69 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N89°06'03"E, A DISTANCE OF 32.93 FEET; THENCE S00°28'05"E A DISTANCE OF 431.99 FEET; THENCE N89°02'43"E, A DISTANCE OF 433.57 FEET TO THE SOUTHWEST CORNER OF LOT 8 OF THE 9TH ADDITION TO NORTH GRAND SUBDIVISION AS SHOWN IN BOOK 136 PAGE 547 IN THE COUNTY RECORDER'S OFFICE; THENCE S00°28'59"E ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT 8, A DISTANCE OF 35.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID 9TH ADDITION TO NORTH GRAND SUBDIVISION; THENCE S89°02'43"W ALONG THE SAID SOUTH LINE, A DISTANCE OF 466.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N00°28'05"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 467.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 30,553.48 SQUARE FEET SET 5/8" I.R. W/ PINK CAP #24805 UNLESS NOTED MONUMENT FOUND 1/2" I.R. UNLESS NOTED RIGHT OF WAY LEGEND G.P. R.O.W. (XX.XX') XX.XX' I.R. RECORDED DISTANCE MEASURED DISTANCE IRON GAS PIPE SECTION CORNER FOUND AS NOTED IRON ROD PUBLIC UTILITY EASEMENTP.U.E. SECTION CORNER SET 5/8" I.R. W/ PINK CAP #24805 POINT OF BEGINNINGP.O.B. POINT OF COMMENCEMENT P.O.C. 118 4916-0491-6293 Prepared by: Bryce K. Dalton 50 E. South Temple, Suite 400 PHONE (801) 239-3169 Kirton McConkie Salt Lake City, UT 84111 FAX (801) 212-2092 Address tax statement and after recording return to: City of Ames, Iowa 515 Clark Ave. Ames, IA 50010 Q u i t c l a i m D E E D For the consideration of One Dollar(s) and other valuable consideration, CALVARY UNITED METHODIST CHURCH OF AMES IOWA, f/k/a Ames Evangelical United Brethren Church, does hereby quit claim to CITY OF AMES, IOWA, an instrumentality of the State of Iowa, all of its right, title, interest, estate, claim and demand in the following described real estate in Story County, Iowa (the “Property”): See Exhibit A attached hereto and incorporated herein by reference. The Property is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Story County, Iowa. This deed is given to an instrumentality of the State of Iowa, as grantee, and is, therefore, exempt from real estate transfer tax pursuant to Iowa Code § 428A.2(6). There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the above-described property as described in Iowa Code § 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed as of the ___ day of ___________________, 20___. [Signature and Acknowledgment Follow] 119 4916-0491-6293 GRANTOR: CALVARY UNITED METHODIST CHURCH OF AMES IOWA f/k/a Ames Evangelical United Brethren Church By: _____________________________________ Name: __________________________________ Its: _____________________________________ STATE OF ______________ ) ) ss. COUNTY OF ______________) The foregoing instrument was acknowledged before me this ___ day of ______________ 202__, by _________________________, __________________ of CALVARY UNITED METHODIST CHURCH OF AMES IOWA f/k/a Ames Evangelical United Brethren Church. Notary Public 120 4916-0491-6293 EXHIBIT A (Legal Description) TRACT 'B' RIGHT OF WAY DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 466.69 FEET OF THE WEST 466.69 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N89°06'03"E, A DISTANCE OF 32.93 FEET; THENCE S00°28'05"E A DISTANCE OF 431.99 FEET; THENCE N89°02'43"E, A DISTANCE OF 433.57 FEET TO THE SOUTHWEST CORNER OF LOT 8 OF THE 9TH ADDITION TO NORTH GRAND SUBDIVISION AS SHOWN IN BOOK 136 PAGE 547 IN THE COUNTY RECORDER'S OFFICE; THENCE S00°28'59"E ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT 8, A DISTANCE OF 35.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID 9TH ADDITION TO NORTH GRAND SUBDIVISION; THENCE S89°02'43"W ALONG THE SAID SOUTH LINE, A DISTANCE OF 466.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N00°28'05"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 467.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 30,553.48 SQUARE FEET. 121 4916-0491-6293 Prepared by: Bryce K. Dalton 50 E. South Temple, Suite 400 PHONE (801) 239-3169 Kirton McConkie Salt Lake City, UT 84111 FAX (801) 212-2092 Address tax statement and after recording return to: City of Ames, Iowa 515 Clark Ave. Ames, IA 50010 Q u i t c l a i m D E E D For the consideration of One Dollar(s) and other valuable consideration, CALVARY UNITED METHODIST CHURCH OF AMES IOWA, f/k/a Ames Evangelical United Brethren Church, does hereby quit claim to CITY OF AMES, IOWA, an instrumentality of the State of Iowa, all of its right, title, interest, estate, claim and demand in the following described real estate in Story County, Iowa (the “Property”): See Exhibit A attached hereto and incorporated herein by reference. The Property is conveyed subject to zoning, easements, covenants and restrictions of record in the office of the Recorder of Story County, Iowa. This deed is given to an instrumentality of the State of Iowa, as grantee, and is, therefore, exempt from real estate transfer tax pursuant to Iowa Code § 428A.2(6). There is no known private burial site, well, solid waste disposal site, underground storage tank, hazardous waste, or private sewage disposal system on the above-described property as described in Iowa Code § 558.69, and therefore the transaction is exempt from the requirement to submit a groundwater hazard statement. IN WITNESS WHEREOF, Grantor has executed this Quit Claim Deed as of the ___ day of ___________________, 20___. [Signature and Acknowledgment Follow] 122 4916-0491-6293 GRANTOR: CALVARY UNITED METHODIST CHURCH OF AMES IOWA f/k/a Ames Evangelical United Brethren Church By: _____________________________________ Name: __________________________________ Its: _____________________________________ STATE OF ______________ ) ) ss. COUNTY OF ______________) The foregoing instrument was acknowledged before me this ___ day of ______________ 202__, by _________________________, __________________ of CALVARY UNITED METHODIST CHURCH OF AMES IOWA f/k/a Ames Evangelical United Brethren Church. Notary Public 123 4916-0491-6293 EXHIBIT A (Legal Description) TRACT 'B' RIGHT OF WAY DESCRIPTION: A TRACT OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 34, TOWNSHIP 84 NORTH, RANGE 24 WEST OF THE 5TH P.M., CITY OF AMES, STORY COUNTY, IOWA, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THE SOUTH 466.69 FEET OF THE WEST 466.69 FEET OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N89°06'03"E, A DISTANCE OF 32.93 FEET; THENCE S00°28'05"E A DISTANCE OF 431.99 FEET; THENCE N89°02'43"E, A DISTANCE OF 433.57 FEET TO THE SOUTHWEST CORNER OF LOT 8 OF THE 9TH ADDITION TO NORTH GRAND SUBDIVISION AS SHOWN IN BOOK 136 PAGE 547 IN THE COUNTY RECORDER'S OFFICE; THENCE S00°28'59"E ALONG THE EXTENSION OF THE WEST LINE OF SAID LOT 8, A DISTANCE OF 35.00 FEET TO THE SOUTH LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID 9TH ADDITION TO NORTH GRAND SUBDIVISION; THENCE S89°02'43"W ALONG THE SAID SOUTH LINE, A DISTANCE OF 466.51 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34; THENCE N00°28'05"W ALONG THE WEST LINE OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 34, A DISTANCE OF 467.02 FEET TO THE POINT OF BEGINNING AND CONTAINING 30,553.48 SQUARE FEET. 124 ITEM #:28 DATE:06-10-25 DEPT:P&H SUBJECT:ANNEXATION OF FORMER BORGMEYER FARM PROPERTY COUNCIL ACTION FORM BACKGROUND: On March 11, 2025, the City Council voted to initiate a voluntary annexation for 19 parcels, including properties owned by consenting and non-consenting owners. The subject area totals approximately 235 gross acres (including road rights-of-way). An annexation area map, annexation plat, and a listing of parcels and ownership are included as attachments A-C, respectively. Under Iowa Code Chapter 368, up to 20% of the total land area of a voluntary annexation may consist of non-consenting properties (referred to as the 80/20 rule). This is allowed by statute to avoid creating islands or to create more uniform city boundaries. In this annexation, properties owned by the non-consenting owners compose 10 percent of the total territory proposed for annexation, as illustrated by Table 1 below. Consenting (Property Gross Acreage and City ROW) Nonconsenting (Property Gross Acreage) Railway and County fee simple road right-of-way Acres 199.5 23.2 12.3 Percent of Annexation Area 89.6%10.4%n/a The non-consenting properties include three properties along George W. Carver Avenue (Hilker, Mandernach, and JDS Rentals) that would otherwise be islands. Additionally, there are four properties (Gregg, Eness) on the east side of Hyde Avenue that would be considered islands due to the annexation of the consenting Hunziker, Hayden’s Preserve, INHF, and Sturges lands. State law requires the annexation of road right-of-way adjacent to the annexation area and allows for the annexation of railroad property for more uniform boundaries or to prevent the creation of an island. As the railroad bisects the City boundaries to the south and the proposed annexation area, it is proposed to be annexed to create more uniform boundaries. Future developments will need the extension of utilities extended under the railroad. If the railroad were not annexed, it could also create an unincorporated corridor affecting the City’s boundaries long-term. BORGMEYER PROPERTY ("Greenbriar") DEVELOPMENT AGREEMENT : A local development group that includes Friedrich and Hunziker Companies has a purchase 125 agreement for the Borgmeyer property. Their intent is to develop the property as a residential neighborhood, to be known as Greenbriar, with a commercial area as identified within the existing Ames Plan 2040 designations for the property of Residential Neighborhood 4 (RN-4: Walkable Urban) and Neighborhood Core - Mixed Use (see Future Land Use Map in Attachment D). As part of initiating the original annexation, Council directed preparation of a developer agreement related to the consenting Borgmeyer properties to address construction of infrastructure needed to support the future development, including but not limited to a traffic study for intersection improvements, extension of Stange Road concurrent with development, looping of water mains to Northridge Heights, extension of a 15" (transitioning to a 12") sewer trunk line from Hyde Avenue west to the site, development of shared use paths and trails, and neighborhood park dedication. However, as staff noted at the May 27, 2025, City Council meeting regarding the discussion of development incentives, the Greenbriar developers have requested substantial City assistance with future development costs. Therefore, no development agreement has been prepared to accompany the annexation request. As a result, City Council has the choice of holding the public hearing and either: 1) approving the annexation with the requirement to complete a development agreement prior to approving a rezoning, or 2) delaying approval of the annexation until completion of a development agreement. Staff believes the first option would serve the interest of the City and the developer as it will take additional time to finalize details about the development that could occur while finishing the annexation process. PLANNING AND ZONING COMMISSION: The Planning and Zoning Commission considered the request at a Public Hearing on May 21, 2025. No members of the public spoke at the hearing on the annexation request. The Commission voted 6-0 to recommend the City Council approve the 80/20 annexation by finding that the proposed annexation is consistent with the Ames Plan 2040 comprehensive plan and that the proposed annexation territory eliminates islands and creates more uniform boundaries. RESOLUTION OF THE BOARD OF SUPERVISORS: On May 6, 2025, the Story County Board of Supervisors passed Resolution No. 25-89 supporting the proposed annexation. ALTERNATIVES: 1. Hold the Public Hearing and approve: a. The voluntary annexation of 19 parcels and abutting rights-of-way, totaling approximately 235 acres, for the properties located north of Ames' corporate limits generally located along George W. Carver Avenue and extending to the east side of Hyde Avenue, by finding that the proposed annexation is consistent with the Ames Plan 2040 comprehensive plan, and that the proposed annexation territory eliminates islands and creates more uniform boundaries. 126 b. Deferral of the developer agreement related to the planned Greenbriar development land uses and infrastructure needs and responsibilities until the time of rezoning. 2. Hold the Public Hearing and defer action on the annexation until a developer agreement can be created after resolution of the developers' incentive requests for the Greenbriar development and development of the City's policy for infrastructure assistance. 3. Deny the request to annex land north of Ames' corporate limits generally between George W. Carver and Hyde Avenue. CITY MANAGER'S RECOMMENDED ACTION: The annexation is consistent with Ames Plan 2040 projections for growth and a final piece of the City's north growth planning. The Borgmeyer properties are the largest property ownership within the annexation petition and the last significant area of unincorporated land in the Ames Plan 2040 planned growth area. The site represents an important development opportunity that is readily serviceable with extensions of City infrastructure, based upon previous infrastructure planning. The City planned for annexation of this property with previous utility extensions as part of the Hyde Road improvements. The annexation proposal utilizes the 80/20 allowance for inclusion of consenting properties and adjacent non-consenting properties to avoid the creation of islands. Inclusion of the railroad property is also permitted by state code to create more uniform boundaries for the City. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): Addendum.pdf Attachments.pdf 127 Addendum Current Land Use. The 10 consenting properties are vacant, and used for agricultural or natural resource preservation, except the Sturges property which includes a single-family dwelling. The 7 non-consenting properties include five single-family dwellings. The two vacant parcels include agricultural buildings and pasture. Beyond the need to annex the nonconsenting properties to avoid the creation of an island, the City maintains Hyde Avenue and owns the unincorporated right-of-way in front of the properties along Hyde. Similarly, the G. W. Carver right-of-way south of the Ames Golf and Country Club will all become part of the City with the annexation. Sanitary sewer and water infrastructure are already available to the property owners along Hyde and are available/will become available to the properties along G.W. Carver with adjacent developments. Nonconsenting owners are not required to connect unless they choose to or their septic system fails and City sewer is available within 200 feet. In addition, their inclusion in the annexation allows for consistent emergency service response along Hyde Avenue and G. W. Carver between the City and Story County. Development Plan. When a property is annexed into the City, it is automatically zoned as “Agricultural.” Zoning does not change unless a request is initiated by an individual property owner or by the City Council. Any proposed zoning must be consistent with Ames Plan 2040. A conceptual development plan has not yet been received from the property owner. The annexation may proceed without a concept plan for the site as the rezoning and development is a subsequent step after annexation. If the site is annexed, City Council would consider a specific rezoning proposal in the future. Ames Plan 2040. The Borgmeyer property is designated Residential Neighborhood 4 (RN-4: Walkable Urban) and Neighborhood Core - Mixed Use. The RN- 4 designation emphasizes a high level of connectivity and is characterized as an urban neighborhood connected with a village center or mixed-use district. The intent of the designation for this site is focus on fairly compact and dense residential development pattern that includes multiple housing types of apartments, small lot homes, townhomes, and regular single-family lots. Staff believes in excess of 400 dwelling units will be developed on the site. Having a significant diversity of homes types in this project is important to achieve our growth and housing goals identified within Plan 2040. Similarly, the NC MU designation reflects commercial areas adjacent to residential uses to support neighborhood commercial needs. While NC MU may be larger than other neighborhood commercial centers, it is also differentiated in its walkability, pedestrian orientation of commercial spaces, and connectivity to nearby residential areas, as well as including residential uses with commercial uses as mixed-use developments. This 128 designation will include some higher-density housing along with commercial. It will help to create a center and identifiable place support of the overall development concept. The NC MU area is shown to the interior of site along a conceptual extension of Stange Road. Reflective of the characteristics of the designation, it is shown as a larger commercial area, over 20 acres in size. Based upon Plan 2040 designations and goals for services in north Ames, a mixed-use core is important component of the site for the project layout and providing a diversity of uses and service options. The overall size and final location will be determined with a rezoning application. The routing of the Stange Road extension will influence its ultimate configuration. The developer has expressed that this scale and location of commercial development may not be desirable. The development agreement may assist in setting forth expectations for this area to inform infrastructure improvement needs prior to a Master Planning process. The owners of the Borgmeyer properties, Northridge Heights Homeowners Association, Hunziker, the Iowa Natural Heritage Foundation, and Leroy and Sue Sturges have waived their right to withdraw the annexation request, which ensures that the City does not unnecessarily use its resources to process an annexation that is later withdrawn. Developer Agreement. Due to the area of land and the number of infrastructure improvements needed to support development of the site, the City Council directed that a pre-annexation agreement be considered concurrent with the annexation when the request goes back to the City Council. A formal agreement has not yet been drafted and may be deferred until the time of rezoning. A pre-annexation developer agreement identifies substantial improvement requirements in advance of platting or rezoning of a property, which assists the developer in understanding any future obligations of development and affords the City the broadest level of discretion in consideration of off-site impacts. The agreement will be informed by Ames Plan 2040 development requirements for the site, which include infrastructure improvements such as intersection improvements, extension of Stange Road, extension of sanitary sewer, extension and looping of water mains, development of shared use paths and trails, and neighborhood park dedication. These improvements are needed to serve the area as it develops and are required concurrently with development. The specific design of the site would not be part of agreement as that would be determined with rezoning and future subdivisions. However, the agreement will more broadly set forth developer and City responsibilities for potential cost-sharing and other expectations for development improvements and timing for the project. Street Connectivity. Ames Plan 2040 shows the extension of Stange Road through the site, connecting to George W. Carver Avenue to the northwest. It is classified as an “avenue” per the Complete Streets typology (a collector street in terms of a functional 129 class). This extension would be required concurrent with the site’s development and is not expected to precede development of the area. Other streets will be local streets. Typically, a collector street is required to provide a 100-foot right of way and a 31-foot paved street section. Collector streets also have a greater thickness than residential streets due to higher traffic loads. At least one shared use path would run parallel to Stange. There is also an opportunity to introduce mini-roundabouts along Stange for street intersections to manage traffic speeds, likely near the NC-MU core area. The additional width and depth of the collector roadway may warrant city participation in “oversizing costs” to facilitate the development patterns planned by Ames Plan 2040. Traffic. In addition to street extensions through the site, development of the site would require a traffic study to assess development impacts, including frontage improvement needs and off-site impacts such as operations of adjacent intersections. The results of the traffic study will indicate expected developer-financed improvements and off-site impacts related to the site development. The study would also consider cumulative impacts of development and other growth. Likely needed improvements would be turn lanes and eventually a traffic signal at George W Carver and Stange. These improvement responsibilities would then be detailed by the developer agreement. Shared Use Paths and Trails. Per Ames Plan 2040 plan for trails and greenways, as well as other City transportation plans, the shared use path along George W. Carver Avenue to the south will be required to be extended northward to the Irons Subdivision/AGCC property. This fills in a gap in the system that would then extend all the way to 190th Street. Additionally, a shared use path is expected along the extension of Stange, connecting to the path on George W. Carver at the northwest corner of the site. A greenway trail is also anticipated to be extended along the north boundary of the site to the east across the railroad to connect with developments to the east and Ada Hayden Park. The developer agreement will address reservation of land for the trails and the developer responsibility for the cost of the shared-use path and any trail systems, as well as for providing easements to the City as necessary. Construction of the path crossing the railroad would likely be a future city cost as it will connect with the path anticipated within Hayden’s Preserve Development agreement. Parks. Ames Plan 2040 guidelines establish that neighborhood parks should be located to serve a population within a 1/4 to 1/2 mile radius and, in expansion areas, 5 acres of parkland should be planned per 1,000 people. Neighborhood parks are also typically 5 to 30 acres in size. Due to the majority of the site being more than a half-mile distance from a neighborhood park and densities of the RN-4 designation yielding a population of over 1,000 people, staff believes some element of a recreation opportunity is needed per the policies of 130 Plan 2040. The developer agreement would set expectations in terms of park dedication and timing of development of the park and developer responsibility for costs. Water Infrastructure. Water mains would required to be looped by the developer through the site, connecting to an existing mains from Northridge Heights, including a 12 inch water main at the southeast corner of the site. Staff believes internally looping connecting the 12 inch mains will be adequate without connecting to the east under the railroad. This is likely a fairly modest issue and needed to serve the development appropriately. Additionally, the developer agreement would require that an agreement for future Xenia water territory buyout is signed and returned to the City consistent with our master Agreement with Xenia. Current buyout costs for the developer are $3,000 per net acre. Sanitary Sewer Infrastructure. Sanitary sewer is planned to be extended to the site from Hyde through other developments to the east. The existing sewer is 15” diameter and would transition down to a 12” trunk line to serve the development. Extension north to the Irons is also required per standard Subdivision Code standards. The property is part of a sanitary sewer connection district for the previous extension of the sewer along Hyde. Staff is investigating the ability to coordinate this offsite extension with Hayden’s Preserve and to consider it primarily as pioneer infrastructure funded by the City, with or without additional connection fees. The agreement is intended to address how this improvement is timed and funded The developers have indicated to staff they may have an interest in a near-term option to provide partial service to the site. As these other developments to the east that would bring the sewer to the site are pending, an interim option to provide sewer capacity to a portion of the development (likely no more than 40 acres) would be to extend the existing sewer main at Valley View Road into the site. However, this line has limited capacity for new uses due to a downstream constraint. A capacity improvement of lining the pipe within Moore Memorial Park could allow for up to 40 acres of the site to be served. The developer agreement would detail the developer responsibility to cover the cost of a lining project and how it relates to the other sewer extension needs. Outreach. As part of the state-mandated annexation process, City staff invited the Franklin Township Trustees and the Story County Board of Supervisors for a Consultation Meeting on April 17, 2025. Those in attendance included: Kelly Diekmann, City of Ames Planning & Housing Director; Amelia Schoeneman, City of Ames Planner; Linda Murken, Story County Board of Supervisors, Member; and Leanne Harter, Story County Planning and Development Director. No one representing Franklin Township attended the meeting. No formal comments have been received as of the writing of this report. Most discussion and questions focused on the timeline for the annexation and for the separate annexation of the Irons Subdivision and AGCC to the north. A courtesy notice was sent to affected property owners and owners of abutting property prior to the Planning and Zoning Commission meeting. 131 Next Steps. Following the City Council’s approval of the annexation and adoption of a resolution to that effect, the annexation will go to the state City Development Board for a hearing due to the inclusion of non-consenting property owners as an 80/20 annexation and being within two miles of the City of Gilbert. The state City Development Board will be the final approval authority. 132 Hilker Mandernach JDS Rentals Borgmeyer BorgmeyerBorgmeyer Borgmeyer Northridge Height's HOA South Half Stange ROWEast Half G W Carver ROW Contiguous to South Half Stange ROW Hayden's Preserve INHF Eness Eness Eness Railroad Gregg Railroad Hunziker Hunziker Hyde Ave ROW - City Owned Sturges FLETC H ER BLVD WELBECK DR VALLEYVIEW RD GEORGEWCARVER AVE BRICKMAN AVE ALDRIN AVE WESTON DR BERKSHIRE AVE E I SENHOWER AVE BALLENTINEDR CH I L T O N A V E CRESTMOORAVE BAR C E LO S ST WEMBLEY AVE HARRISON RD HARRISON RD HASTINGS AVE TALONDR WESTLAWNDR FOXLEY DR BLOOMINGTON RD STONEBROOKE RDROXBORODR WYNGATEDR HYDEAVE WESTWIND DR SEDWICK ST S TO CKB URY ST BECKLEY ST CARTIERAVE DANBURY RD E V E R E S T A V E BU RNHAMDR AB E R DE E N D R Annexation Area 0 0.1 0.20.05 Miles ¯ Legend City of Gilbert 2 Mile Urbanized Area Annexation Area Consenting Nonconsenting Ames Incorporated Limits STANGE RD IR O N S C T GE O R G E W C A R V E R A V E 133 13 4 13 5 13 6 13 7 13 8 Attachment C Annexation Area Properties, Owners, Acreage, and Status Real Property and City Road ROW Owner Address/Parcel ID Consent Status Gross Acres Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 5500 George W Carver Ave Consenting 35.68 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300200 Consenting 38.47 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300305 Consenting 38.61 Borgmeyer, Margaret A Trust; 574 Investments LLC and and Hunziker Development Group LLC contract holders 0521300400 Consenting 39.47 Northridge Heights Homeowner's Association 0521400350 Consenting 6.16 Mandernach, Jordan & Stephanie 5326 George W Carver Nonconsenting 4.93 Hilker, Rick A 5217 George W Carver Nonconsenting 4.14 J D S Rental Properties LLC 4427 George W Carver Nonconsenting 1.21 Hunziker, Erben & Margaret Hunziker Apartments LLC 0521400004 Consenting 1.48 Hunziker, Erben & Margaret Hunziker Apartments LLC 0521400006 Consenting 0.12 Sturges, Leroy D & Sue A 5019 Hyde Ave Consenting 4.56 Iowa Natural Heritage Foundation 13.15% And White, Joan Coffman 86.85% 0521400003 Consenting 30.16 Hayden's Preserve LLC 4811 Hyde Ave Consenting 3.42 Gregg, Clayton & Schwery, Julie 4604 Hyde Ave Nonconsenting 1.17 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 0522300370 Nonconsenting 5.1 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 4714 Hyde Ave Nonconsenting 1.24 Eness, Allison J 2015 Trust and Taylor, Mark 2015 Trust and Taylor, Mark Trustee and Eness, Allison J Trustee 0522300315 Nonconsenting 5.43 City-Owned Hyde Avenue Row n/a Consenting 1.38 139 Total Acreage: 222.73 Total Consenting Acreage (Real Property and City ROW): 199.51 (89.6%) Total Nonconsenting Acreage (Real Property): 23.22 (10.4%) County Road ROW and Railway ROW Owner Address/Parcel ID Consent Status Gross Acres County-owned Irons Court/Stange right-of-way (south half) N/A N/A 0.27 County-owned G. W. Carver right-of- way (east half adjacent to Irons Court/Stange) N/A N/A 0.03 Chicago & Northwestern Trans Co South half 0521400500 & 0528201001 N/A 11.98 140 NC-MURN-4 RN-3 OS EIS E N H OWER AVE AD A HAYDEN R D F L E T CHER B LVD BARC E L O S S T HYDE AVE G E O R G E W C A R V E R A V E WELBECKDR VALLEY VI E W R D BRICKMAN AVE CH I LTO N AV E WESTON DR IRONS WAY STONEBROOKERD BERKSHIRE AVE HASTINGS AVE HARRISON RD BALLENTINE DR HARRISONRD W EM BLEY AVE TALON DR WESTLAWN D R FOXLEY DR M C F A R L A N D AV E W 190TH ST ROXBORO DR WESTWIND DR G E O R GE W C A RVER AVE WYNGATEDR LACEY DR SEDWICK ST STOCK B U RY ST BECKLEY ST DA N B URYRD C A M E R O N S C H O O L R D E V E R E S T AV E BURNHAM DR ABERDEEN DR A U DUBONDR KE T E LS E N DR A LDRIN AVE LEOPOLD DR CARTIER AVE TIVERTON CT Ames Plan 2040 Future Land Use Map 0 0.15 0.30.07 Miles ¯Legend Annexation Area Ames Corporate Limits Residential Neighborhood 2 - Established (RN-2) Residential Neighborhood 3 - Expansion (RN-3) Residential Neighborhood 4 - Village (RN-4) Residential Neighborhood 5 - Multi-family (RN-5) Neighborhood Core (NC) Neighborhood Core - Mixed Use (NC MU) Park/Recreation Open Space Story County Urban Reserve 141 P L A N E L E M E N T S G R O W T H & L A N D U S E 56 A M E S P L A N 2 0 4 0 Residential Neighborhood 4 (RN-4: Walkable Urban) »Based on master development plan or organic evolution of walkable mixed-use districts. »Strongly connected mixed uses as a “place” or district. »High level of street and path connectivity, highly walkable design where vehicles are secondary. »Individual development areas may have separate dominant uses but relate to each other. »Interior, street-oriented “village center.” »Common open space and community streets as elements of urban structure. » Thematic street character, e.g., “main street” environments. LAND USE: CATEGORIES PUBLIC ACTIONS »Improve streetscape and district identification to focus attention and encourage reinvestment in existing areas, such as in the West Street “village” west of the ISU campus and similar small-scale mixed-use districts. In these areas, encourage upgrades and improved relationships among existing multi-family buildings. May require a special development area plan. » Review and modify zoning and subdivision regulations to address the intended range of uses and design standards. » Review parking requirements to ensure there is not excess required parking that impacts financial feasibility of reinvestment and design that detracts from character. DEVELOPMENT GUID ELINES »Emphasis on mixed uses in the neighborhood overall with walkability, functional public space, appropriate street design, and green infrastructure; provide flexibility in how these goals are accomplished. » Similar design approach to a PUD to ensure details for mixed-use and design are successful, allowing for greater density and more commercial uses than conventional options. »Overall minimum gross density > 6 du/A; Village Centers may have much higher density. »Avoid dictating specific architectural style, while recognizing that some styles are more consistent with intended character than others, however, elements supportive of street level design details are required. This includes features such as porches, large amounts of fenestration for commercial uses, reduced setbacks, durable and interesting building materials, identifiable entrances, and minimized dead space of walls and garage doors. GOALS »Village master planning and development in key opportunity sites within growth areas. »Extension of positive “village” development principles into more conventional development options that achieve walkable and identifiable centers to neighborhoods. APPL ICABLE EXISTING ZONING CATEGORIES »PRD Planned Residence District »F-VR Village Residential »RH Residential High-Density (existing development only) » PUD Planned Unit Development Overlay District 142 P L A N E L E M E N T S G R O W T H & L A N D U S E 59 A M E S P L A N 2 0 4 0 Neighborhood Core - Mixed Use (NC MU) »A special subset of Neighborhood Core usually associated with Walkable Urban Neighborhoods. »Designed for a high level of pedestrian/bicycle /transit access with parking located behind buildings. »In large, master planned developments, may be located off major streets and in the interior of the community. »Often simulate “main street” character with buildings strongly oriented to adjacent streets and built close to the property line. » Includes or is located directly adjacent to residential uses. LAND USE: CATEGORIES APPL ICABLE EXISTING ZONING CATEGORIES »F-VR Village Residential »NC Neighborhood Commercial DEVELOPMENT GUIDELINES »Encourage walkability and planned relationships among separate buildings in multi-building projects. »Relate and orient buildings to surrounding public streets, including direct sidewalk to front door access. »Reduce visual impact of parking areas that separate buildings from streets. »Emphasize fine grain design details and building interest for neighborhood compatibility and use site design techniques emphasizing connectivity for pedestrians and bicyclists. »Incorporate residential uses into planned developments or in mixed-use core areas, including live-work environments. » Develop a high-quality, human-scale streetscape as part of development design; incorporate small and effective public spaces. » Accommodate existing and future transit accommodations. »Support incremental upgrades to existing properties to meet neighborhood goals. » Maintain a mix of uses that address everyday needs. PUBLIC ACTIONS »Encourage mixed uses in neighborhood cores. » Support extension of future transit service to emerging neighborhood cores. »Develop special district plans or guidelines prior to development in growth areas identified as Neighborhood Core - Mixed Use on the Future Land Use Map. GOALS »Provide neighborhood commercial and support services to all residential areas. »Recognize role of neighborhood cores as activity centers for residential communities. »Provide access choice from residential neighborhoods to commercial cores, including non-automotive options. 143 ITEM #:29 DATE:06-10-25 DEPT:ELEC SUBJECT:VACATION OF ELECTRIC UTILITY EASEMENT AT 2125 ISAAC NEWTON DRIVE COUNCIL ACTION FORM BACKGROUND: As reported to City Council on May 27, 2025, an electric utility easement was granted to the City when development of the lot at 2125 Isaac Newton Drive was initially planned in 2019. Through agreement with the Electric Department, the location of the electric transformer was changed by the property owner during site construction. This change resulted in the transformer being located outside of the electric utility easement boundaries. The Electric Department wishes to vacate the existing electric utility easement. The property owner has agreed to grant a new electric utility to cover the existing buried electric lines and transformer located on the site. ALTERNATIVES: 1. Approve the vacation of the electric utility easement at 2125 Isaac Newton Drive. 2. Retain the existing electric utility easement and do not take action to vacate. 3. Refer this item back to City staff for additional information. CITY MANAGER'S RECOMMENDED ACTION: The existing electric transformer is not located within the boundaries defined by the electric utility easement for 2125 Isaac Newton Drive. A new proposed easement will correct the situation. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2125 Isaac Newton Electric Easement Plat.pdf 144 145 ITEM #:30 DATE:06-10-25 DEPT:ADMIN SUBJECT:REQUEST FOR AMES SUMMERTIME SERIES - CAMPUSTOWN ON JUNE 18, 2025 COUNCIL ACTION FORM BACKGROUND: On March 11, 2025, the City Council approved several requests from Ames Main Street for the Ames Summertime Series - Campustown. Ames Main Street is now requesting suspension of enforcement of Section 17.16 of Ames Municipal Code for the event to allow alcohol to be served in the area where minors may be present. Section 17.16 makes a distinction between alcohol-licensed premises that function more like a restaurant, with food sales making up the majority of the sales, and premises that function as a bar, where alcohol sales are a majority of the business. For the former, minors may be in the premises without a legal-age adult. For the latter, minors are not permitted without a legal-age adult accompanying them. The Police Department relies on business records of transactions to make the determination regarding whether minors would be allowed or not under the ordinance's criteria. Typically for events such as the Summertime Series, since the license holder sells the alcohol and separate vendors sell food and other items, and since no historical pattern of sales can be evaluated for intermittent events, the alcohol sales have been treated like a bar--a designated alcohol consumption area has been created using fencing, and those allowed in must either be 21 years of age or older, or (if the organizers wish) a minor child accompanied by their legal-age parent or guardian. Ames Main Street has requested the ability to license the entire event area as the premises for the event and not be required to fence a separate beer garden area. This would allow attendees of all ages to move freely throughout the event area. This request follows a similar waiver being granted for 515 Days, which was held Downtown in May. City staff notes that there were no reported issues with the alcohol service at that event. The City has had a long history of requiring alcohol consumption for special events to occur in a designated area without intermingling of legal age adults and minors. The concern from staff has historically been the challenges observed with minors being able to obtain alcohol in establishments that advertise or operate like a bar, but where just enough food sales occur to qualify for minors to be allowed on the premises. Staff discussed these issues with Ames Main Street and has developed a list of the specific circumstances for the proposed event that the Council could consider justifying allowing a suspension of Section 17.16 in this instance. It should be emphasized that other events in the future, with circumstances outside of these described below, are not likely to receive staff support to allow minors on the premises. 146 The circumstances related to this event that may justify the requested suspension of enforcement of Section 17.16 include: 1. The event includes entertainment and activities that are the focus of the event (alcohol consumption is incidental to the event). 2. Food and non-alcoholic beverages will be offered in a meaningful variety. No distilled spirits are involved. 3. The event is non-ticketed, intended to be family-friendly, and includes promotional materials that suggest it as a family event. 4. It is organized by a locally established entity, with a track record of hosting events successfully and with an interest in continuing to do so. 5. Private security is being hired for the event, in addition to volunteers to manage the event area. 6. The event is on a weekday night and will take place entirely during daylight hours. Additionally, the event is being held when Iowa State University classes are out of session, reducing the potential for larger crowds that can be challenging to manage. 7. The event area is in a parking lot that contains permanent fencing and walls, making for a well-defined space that is simpler to manage than an open event area. Organizers have provided a letter (attached), which outlines the event plans in greater detail. Separately from the alcohol request, organizers have requested that the event boundaries not be fenced using the typical high or wide fencing but instead relying on the permanent fencing and walls in place in the parking lot. Staff believes that some minimal fencing is still necessary on the west portion of the north event boundary, but that relieving the organizers of the requirement for additional fencing would be acceptable. ALTERNATIVES: 1. Approve the request to waiver enforcement of Section 17.16 of Municipal Code to allow minors to be present for Ames Summertime Series - Campustown on June 18, 2025. 2. Refer this item back to staff for additional information. 3. Do not approve the request. CITY MANAGER'S RECOMMENDED ACTION: Ames Main Street is a well-established local entity that has successfully hosted many events with alcohol components in Downtown . Most recently, for 515 Days, Ames Main Street demonstrated an ability to handle an event at which this same provision of Municipal Code was suspended, allowing for minors to be present in the alcohol service area. The factors listed in the report above make a case to support a waiver of enforcement of Section 17.16 of Municipal Code. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as described above. 147 ATTACHMENT(S): Alliance Letter of Request for All Ages Event Status.pdf 148 May 28, 2025 Brian Phillips Assistant City Manager City of Ames 515 Clark Avenue Ames, IA 50010 Mr. Phillips, On behalf of the Ames Regional Economic Alliance, I am writing to formally request approval to designate the upcoming Campustown Summer Series event on Wednesday, June 18, from 4:00 p.m.–7:00 p.m., as an all-ages event with permitted alcohol consumption throughout the event space. Following the positive experience and smooth implementation of a similar request by Ames Main Street during the recent 515 Days celebration, we believe this adjustment will significantly enhance the experience for attendees. As with that successful event, we are confident that appropriate safety measures and event management protocols as discussed by our team, yourself, and Police Chief Huff, will ensure a secure and welcoming atmosphere for all participants. Additionally, our team plans to ID individuals as they enter the area, use wristbands to identify those who are of age to consume alcohol, and will have professional staff and trained volunteers who will be on hand to monitor the entire event from beginning to end. The Campustown Summer Series is designed to be a family-friendly, community-oriented gathering that aligns with our organization’s mission to attract business, foster connection, and activate Campustown during the quieter summer months. Scheduled mid-week and during daylight hours, the event offers a relaxed and inviting environment for people of all ages to enjoy live music, local food truck vendors, and outdoor games and activities. This creates an atmosphere well-suited for responsible alcohol consumption within the event’s boundaries in Campustown Parking Lot Z. We appreciate your consideration of this request and your continued support of our efforts to bring vibrancy and economic activity to Campustown. Please don’t hesitate to contact me with any questions or if additional information is needed. Respectfully, Dan Culhane, President & CEO 149 ITEM #:31 DEPT:P&H June 10, 2025 Staff Report SPRING FY 2024/25 DOWNTOWN FACADE GRANTS BACKGROUND: The Downtown Facade Grant Program was introduced in 2000 to facilitate private improvements to downtown retail and other commercial storefronts (Attachment A). City Council has modified the program requirements multiple times within the past several years, mostly recently last year to allow for a new type of grant for exterior building maintenance and rear facades of historic buildings. The program has two funding rounds with different priorities, a fall round for primarily front facade improvements and a spring round for front facades, historic rehabilitation, maintenance, and rear facades. The City Council annually budgets $75,000 as matching funds for eligible projects. The program has allowed for up to $23,000 of dollar-for-dollar matching funds per front facade and up to $2,000 for additional architectural services for standard facade grants. For the spring 2024/25 fiscal year, the remaining available funding for the Downtown Facade Grant Program is $146,216. Projects that were previously approved, but not yet started or completed are not included in the available funding amount. The program requires compliance with specified Design Guidelines that can be found on the Planning Division webpage . The program requirements include a prerequisite of a ground floor use of office or retail trade. Additionally, grant eligibility includes a requirement for proposed improvements to retain the historic facade or for the removal of non-compliant elements consistent with the guidelines or to pursue eligibility under the Other facade guidelines. The program program was modified recently to allow for the rehabilitation of historically significant, character-defining features of contributing historic resources in the National Register Downtown Historic District. This work includes restoration of original windows or distinct architectural features such as parapet walls. Further program modifications made exterior walls, roofs, and foundations eligible for maintenance and allowed for rear facades to receive grant funding in compliance with the Design Guidelines. Proposed improvements are intended to have significant positive visual impact on the building and the overall district. If grant requests exceed the available funding, the program criteria for front facades includes preference for facades that have not received funding in previous rounds. Attachment B provides an overview of the intent and process for the facade grant program, and Attachment C outlines scoring criteria. Attachments D, E, and F are the current applications. 150 GRANT APPLICATIONS RECEIVED: The City solicited applications for the second round of FY 2024/25 funding in April 2025. Three complete applications are being considered for this second round. (An additional application, not included, was deemed incomplete.) All three of the proposed grants are related to maintenance rather than the traditional facade improvement grants to remove noncompliant features. A project summary, location map, and project design illustrations are attached. Staff calculated the total request of eligible grant funding to be $52,926. Address Business or Building Name Staff Recommended Award Total Project (applicant estimates) 136 & 138 Main Street Little Woods Herbs & Teas $18,625 $39,250 202 Main Street P. Frangos Building $24,294 $53,000 313 Main Street Cooks' Emporium $10,007 $22,014 TOTAL $52,926 $114,264 136 & 138 Main Street : The building at 136 and 138 Main Street is home to Little Woods Herbs and Teas. The two- story structure was constructed in the mid-1880s and, like most of the buildings on Main Street, had its original, Victorian facade replaced between the 1920s and 1940s. The facade is little changed since then. The building is located in the National Register Historic District as a contributing resource. The applicants are requesting grant funding for the following work: repointing the mortar and repairing cracks on the front facade repairing and replacing windows lintels on the front facade repair to the parge coating on the rear facade (a parge coat is the thin coat of mortar over the bricks) This work qualifies as a maintenance grant as supporting the exterior structural elements of the building. The applicant is proposing to remove a chimney on the roof of the building, which staff determined is not an eligible cost as it does not maintain an existing feature of the building nor is it removing a non-compliant feature from an eligible facade. No other design changes are proposed. Work Eligible Cost Estimates Total Cost Estimates Front Facade Brick & Mortar Repair $12,750 $12,750 Window Lintel Restoration $12,000 $12,000 Rear Facade Repair $8,500 $8,500 151 Ineligible Work (including contingency) $4,000 Professional Design Fees $2,000 $2,000 Total $35,250 $39,250 The City's match is $16,625 plus $2,000 in design fees for a total of $18,625. 202 Main Street : The building at 202 Main Street, the P. Frangos Building, is home to Chic Beauty Salon on the ground level. The two-story structure was erected in the mid-1880s and had its original, Victorian facade replaced between the 1920s and 1940s.The building is located within the National Register Historic District as a contributing resource. The facade is largely unchanged since the current facade was constructed and the two windows on the second story are original to that streamlined facade. The windows are 4 panes wide by 5 panes tall with steel muntins (the horizontal and vertical pieces holding the panes). The casement windows each open on the left and right sides. The applicant is requesting grant funding to restore and repair the original windows, which qualifies as a rehabilitation grant for character-defining, historically significant features. The repair of the original window is an example of work that was previously ineligible but is now eligible after Council's recent changes to promote historic preservation. The work also includes repairs to the exterior of the west wall, which includes repairing the mortar and replacing missing bricks, which qualifies as maintenance. This wall, which was originally shared with a now demolished building, now faces Cynthia Duff Plaza, which cuts through the south side of the Main Street block to the municipal parking lot. No design changes are proposed. Work Eligible Cost Estimates Total Cost Estimates Window Repair & Associated Work $39,588 $39,588 Repair to West Exterior Wall $5,000 $5,000 Ineligible Work (including contingency) $3,412 Professional Design Fees $2,000 $5,000 Total $48,588 $53,000 The City match is $22,294 plus $2,000 in design fees for a total of $24,294. 152 313 Main Street : The building at 313 Main Street was built in the mid-1920s and is home on the ground level to Cooks' Emporium. The structure has two stories and its facade is likely original. The building is located within the National Register Historic District and is a contributing resource. The facade is largely unchanged since it was built. The applicant is proposing to repair the mortar and brickwork where damage has occurred, which qualifies for the maintenance grant. No design changes are proposed. Work Eligible Cost Estimates Total Cost Estimates Front Facade Brick & Mortar Repair $16,014 $16,014 Ineligible Work (contingency) $4,000 Professional Design Fees $2,000 $2,000 Total $18,014 $22,014 The City match is $8,007 plus $2,000 in design fees for a total of $10,007. OPTIONS: 1. Approve the Downtown Facade Improvement and Maintenance Grants as proposed by the applicants for: a. 136 & 138 Main Street for up to $16,625 in estimated eligible costs for facade repairs and $2,000 in design fees. b. 202 Main Street for up to $22,294 in estimated eligible costs for the restoration of original windows and repair to an exterior wall and $2,000 in design fees. c. 313 Main Street for up to $8,007 in estimated eligible costs for the facade repairs and $2,000 in design fees. 2. Modify the award amounts, conditions, or decline to award a grant to any or all of the applicants based upon the finding that any of the proposed projects do not meet the intent of the program or its requirements. 3. Defer action and ask staff or the applicant(s) for additional information. STAFF COMMENTS: The Downtown Facade Grant application solicitation has resulted in three requests for a total of $52,926. A fourth request was submitted for maintenance, but it did not include a required assessment of the building conditions to be a complete application. Staff responded to the applicant and requested additional information, but it was not ready to be reviewed consistent with the three complete applications. 153 City staff has determined that the proposed Downtown Facade Improvement projects for the buildings at 136 & 138 Main Street, 202 Main Street, and 313 Main Street comply with the requirements of the program. There is adequate funding available for the requests. Therefore, is it the recommendation of the City Manager that the Council approve Alternative #1, as described above. ATTACHMENT(S): Attachment A - Eligibility Maps.pdf Attachment B - Program Overview.pdf Attachment C - Scoring Criteria.pdf Attachment D - 136 & 138 Main Street.pdf Attachment E - 202 Main Street.pdf Attachment F - 313 Main Street.pdf 154 Attachment A Eligibility Maps & Project Locations (Starred) 155 156 Attachment B Downtown Façade Grant Overview There are two façade grants: 1. Modifications to bring façades into compliance with the Downtown Design Guidelines. 2. Rehabilitation of historically significant, character-defining features. Requirements for Downtown Design Guidelines Façade Grants ▪ The building must be located downtown within boundaries established by City Council. ▪ The ground floor must be Office Uses or Trade Uses as defined by the Ames zoning ordinance. ▪ The façade design must comply with the Downtown Design Guidelines. ▪ Improvements to historic façades shall include replacing non-compliant elements with compliant elements. Maintenance is not eligible for grant funding (see Downtown Building Maintenance Grant for possible maintenance eligibility). ▪ Residential structures and buildings owned by the government, churches, and other religious institutions are not eligible. ▪ No façade grant shall exceed $23,000. ▪ The Ames Planning Division shall administer the Grant Program and prepare eligibility requirements, terms, and application forms as necessary for effective implementation. Downtown Design Guidelines Program Logistics The following process for review of applications for façade grants provides time to inform all potential applicants of the opportunity, to work with applicants, applicants to prepare submittals and for staff to review applications and report to City Council. Two grant periods will be planned for each fiscal year. First Grant Period For this first grant period, preference for grant awards will be given to: - façades that have not received any previous grant funding - front façades Action Steps: ▪ Staff will inform all property and business owners of grant availability, process, and deadlines. ▪ Staff will work with applicants to define the project, ensure that it meets the guidelines, and assure that it is feasible and can be completed within the time frame. ▪ Applications will be accepted in the summer, as early as June. ▪ Staff will review and score applications and report to City Council in July or August for awarding grants. ▪ Projects may then start in the fall and be potentially completed before the holiday shopping season or completed the following year. Second Grant Period If the entire budget is not committed in the first grant period in each year (fall), a second grant period will begin in the spring. While façades on Main Street and façades for which no previous grants have been awarded will still receive first preference in this second grant period, all 157 downtown grant requests will be considered and potentially approved if funds remain after all first- preference proposals are awarded. Grants for façades that do not face a street are eligible in the second grant period. There are no separate design guidelines for these ‘other’ façades. Grant awards will be prioritized for those façades that are visible from public streets and the municipal parking lot north of the railroad tracks. Due to the lack of defined guidelines, each proposal will be evaluated on case-by-case basis for its visual significance and general improvement of its historic character. A final determination will be made by City Council for consistency with the intent of the program. Requirements for Rehabilitation of Historically Significant, Character-Defining Features ▪ The work must retain and restore the architectural feature related to the building’s historic significance. Examples include original windows, transoms, decorative cornices. Maintenance activities of a building are not eligible. ▪ The architectural features must relate to the front façade. ▪ The building must be a contributing structure to the National Register Ames Main Street Historic District or otherwise an individually listed Historic Resource on the National Register. Rehabilitation Program Logistics Two grant periods will be planned for each fiscal year. First Grant Period The Rehabilitation Grant may only be applied for in conjunction with work eligible for the standard grant. A property may be awarded a total of $46,000 for one façade ($23,000 for compliance with Downtown Design Guidelines and $23,000 for rehabilitation of historically significant, character- defining features). Only one Rehabilitation Grant may be approved for a property in this round. Action Steps: ▪ Staff will inform all property and business owners of grant availability, process, and deadlines. ▪ Staff will work with applicants to define the project, ensure that it meets the guidelines, and assure that it is feasible and can be completed within the time frame. ▪ Applications will be accepted in the summer, as early as June. ▪ Staff will review and score applications and report to City Council in late summer for awarding grants. ▪ Projects may then start in the fall and be potentially completed before the holiday shopping season or completed the following year. Second Grant Period A Rehabilitation Grant applies to historically significant, character-defining features by themselves, and need not be in conjunction with other work. Grants can be awarded independently for significant features, for a maximum of $23,000. Conditions of Grant Approval 158 ▪ Grantees must receive a notice to proceed from the City prior to starting work. ▪ Grantees must apply for a notice to proceed within 9 months of the approval of the grant. ▪ Construction must be completed within 1 year of issuance of the notice to proceed. ▪ Any required building code and/or safety improvements to a structure must be completed before grant work proceeds or before grant funds are paid. ▪ If a grantee does not move forward with a project consistent with the Program’s Eligibility and Terms, including the program logistics, the award will be considered forfeited. The table below outlines when funds are available for the various grant categories. The program is funded at the beginning of the fiscal year (beginning in July). The funding emphasis of the Downtown Façade Grant Program is therefore placed on the traditional grants. Grant Type Fall Spring Traditional Y Y Rehabilitation* Y (with Traditional) Y (Standalone) Other Facades* N Y Maintenance* N Y * Applies only to buildings that are contributing resources to the Ames Main Stret National Register Historic District. 159 Requirements for Downtown Building Maintenance Grants Only those buildings that are contributing resources to the Ames Main Street National Register Historic District are eligible for a Maintenance Grant. The following maintenance work is eligible for grant funding: ▪ Repair of exterior walls – external repair only. This includes the repointing of brick walls and structural repair. ▪ Foundation repairs. ▪ Roof repair/replacement – external repair only. The following work is ineligible for grant funding: ▪ Internal building activates (including plumping, electrical and HVAC systems), ▪ External work for signage, ▪ Paint, ▪ Window replacement, ▪ Lighting, external stairways, or ▪ Façade redesigns are not otherwise eligible as an improvement grant project An application requirement for a maintenance grant requires an assessment of the structural conditions of the building to ensure that an adequate scope of work is proposed to ensure the work has lasting value supporting the integrity of the building. This grant is only eligible for the second grant period in the spring. Conditions of Grant Approval ▪ Grantees must receive a notice to proceed from the City prior to starting work. ▪ Grantees must apply for a notice to proceed within 9 months of the approval of the grant. ▪ Construction must be completed within 1 year of issuance of the notice to proceed. ▪ Any required building code and/or safety improvements to a structure must be completed before grant work proceeds or before grant funds are paid. ▪ If a grantee does not move forward with a project consistent with the Program’s Eligibility and Terms, including the program logistics, the award will be considered forfeited. The table below outlines when funds are available for the various grant categories. The program is funded at the beginning of the fiscal year (beginning in July). The funding emphasis of the Downtown Façade Grant Program is therefore placed on the traditional grants. Grant Type Fall Spring Traditional Y Y Rehabilitation* Y (with Traditional) Y (Standalone) Other Facades* N Y Maintenance* N Y * Applies only to buildings that are contributing resources to the Ames Main Stret National Register Historic District. 160 Attachment C Scoring Criteria For each category, the following criteria shall be used to award points: VISUAL IMPACT Maximum Score 30 Points ▪ Improvements apply to more than one story on one façade ▪ Improvements apply to more than one 25-foot wide bay on one façade ▪ Improvements will create more visual significance because: - key, highly visual elements of the building are being improved - the building is prominently visible due to its location (E.g., it serves as a focal point from a street, is at a prominent intersection, or is larger than other buildings around it) FINANCIAL IMPACT Maximum Score 30 Points ▪ Matching funds exceed the minimum dollar-for-dollar match ▪ The project includes improvements being made to - ensure public safety, - establish or preserve the building’s structural integrity - resist water and moisture penetration - correct other serious safety issues ▪ The façade project is part of a larger project that improves other exterior or interior parts of the building ▪ The project helps to make use of space that has been unoccupied or used only for storage EXTENT OF IMPROVEMENTS Maximum Score 20 Points The number points granted in this category shall be based upon the number of elements from the Downtown Design Guidelines being improved. More improved elements deserve more points. HISTORIC FAÇADES (such as Café Diem): OTHER FAÇADES (such as Wheatsfield): ▪ Display windows ▪ Quality materials ▪ Transoms ▪ Façade modulation ▪ Masonry (includes removing cover-up) ▪ Fenestration ▪ Upper floor windows ▪ Roof ▪ Parapet and cornices ▪ Awnings ▪ Awnings and canopies ▪ Building entrances ▪ Entrance ▪ Kickplate HISTORIC DESIGN Maximum Score 20 Points ▪ Project includes historically appropriate materials and restoration techniques ▪ Project goes beyond basic rehabilitation and re-establishes a more historically accurate appearance than other projects 161 Attachment D 136 & 138 Main Street Repair to brick and mortar 162 Repair to brick and mortar 163 Repair to brick and parge coat Repair to brick and parge coat 164 Repair to brick and parge coat Repair to brick and parge coat 165 Attachment E 202 Main Street (P. Frangos Building) Repair to Muntins (east window) 166 Repair to Muntins (west window) 167 Window - Interior 168 Window - Interior 169 Window - Interior 170 Attachment F 313 Main Street (Cooks’ Emporium) Repair to brick & mortar 171 Repair to brick & mortar 172 Repair to brick & mortar Repair to brick & mortar 173 To:Mayor & City Council From:Mark O. Lambert, CIty Attorney Date:June 6, 2025 Subject:Ordinance to comply with new state law re: citizen review boards of police Item No. 32 MEMO See attached memo and first passage of Ordinance. ATTACHMENT(S): Memo from Mark O. Lambert.docx Ordinance Repeal ARPAC.PDF City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 174 Caring People  Quality Programs  Exceptional Service 515.239.5146 main 515.239.5142 fax 515 Clark Ave. Ames, IA 50010 www.CityofAmes.org Legal Department MEMO Legal Department To: Mayor Haila, Ames City Council From: Mark O. Lambert, City Attorney Date: June 6, 2025 Subject: Ordinance to comply with new state law re: citizen review boards of police In October 2021, the Ames City Council approved an ordinance creating the Ames Resident Police Advisory Committee (ARPAC). ARPAC was designed to provide a resident perspective to the Chief of Police into the resolution of complaints against the Ames Police Department, provide thoughtful recommendations regarding the policies and practices of the Ames Police Department, report concerns regarding complaint investigation outcomes to the City Manager, and increase public confidence in the professionalism and accountability of the Ames Police Department. ARPAC is established in sections 2.50-2.55 of the Ames Municipal Code. On May 19, 2025, the Governor of Iowa signed into law SF 311, which states that any city with a civil service commission established under Chapter 400 of the Iowa Code “shall not adopt, enforce, or otherwise administer an ordinance, motion, resolution, or amendment, or use an other means, to establish a board or other entity for the purpose of citizen review of the conduct of officers.” This new state law, which becomes effective on July 1, 2025, prohibits the City from having a citizen police-review board like ARPAC. Therefore, in order to comply with the new state law, the Council must repeal the ARPAC ordinance. Attached is an ordinance to repeal the ARPAC sections of the Ames Municipal Code. # 175 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY REPEALING SECTIONS 2.50, 2.51, 2.52, 2.53, 2.54 AND 2.55, THEREOF, FOR THE PURPOSE OF ELIMINATING THE AMES RESIDENT POLICE ADVISORY COMMITTEE (ARPAC), REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by repealing Sections 2.50, 2.51, 2.52, 2.53, 2.54, and 2.55, as follows: “Sec. 2.50. AMES RESIDENT POLICE ADVISORY COMMITTEE ESTABLISHED.(REPEALED) Sec. 2.51. CHARGE.(REPEALED) Sec. 2.52. MEMBERSHIP.(REPEALED) Sec. 2.53. RESPONSIBLITIES.(REPEALED) Sec. 2.54. COMPLAINT REVIEW PROCESS.(REPEALED) Sec. 2.55. MEETINGS, RESOURCES, AND TRAINING.(REPEALED)” Section Two. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2025. _____________________________________________________________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. _____________, passed by the City Council of said City at the meeting held on ____________________________, and signed by the Mayor on ____________________, and published in the Ames Tribune on _________________. _____________________________________________ Renee Hall, City Clerk 176 To:Mayor & City Council From:City Clerk's Office Date:June 6, 2025 Subject:Special Event Parking Fines Item No. 33 MEMO At the May 27 City Council meeting, Chief of Police Huff asked the City Council for direction regarding an ordinance to increase the penalty for Illegal Parking in the Enhanced Event parking area during game day and other events to $75, or $70 if paid within seven days (staff report attached). In response to this request, the City Council directed staff to prepare an ordinance implementing those changes (attached). Staff is requesting that the City Council suspend the rules to pass the ordinance on second and third reading and adopt ORDINANCE NO. 4557 on June 10. This will allow time for City staff to publicize the expectations for the penalty enforcement. ATTACHMENT(S): Ordinance Game Day-Event Parking.PDF May 27 Staff Report on Special Penalty Enforcement Area Fines.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 177 ORDINANCE NO. _________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 18.7A THEREOF, FOR THE PURPOSE OF AMENDING PENALTY FOR EVENTS PARKING, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 18.7A as follows: “18.7A. SPECIAL PENALTY FOR GAME DAY AND EVENTS PARKING. *** (2) Notwithstanding the fine amounts stated in Section 18.7 (parking violations), a special penalty of forty seventy-five dollars ($40.00)($75.00) shall be applied to violations occurring on the date of Iowa State University home football games from the hours of 6:00 a.m. to midnight. This special penalty shall also be applied during dates and times designated by City Council resolution for events occurring in the Game Day and Events Parking Area. If the special penalty is paid within the first seven (7) days of the date of violation, five dollars ($5.00) of the fine amount will be waived. Any fines that remain unpaid after thirty (30) days from the date of the violation will be deemed contested and may be prosecuted. ***” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2025. _____________________________________________________________________________ John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ________________, passed by the City Council of said City at the meeting held on ______________________ and signed by the Mayor on ______________________, and published in the Ames Tribune on ______________________. ____________________________________ Renee Hall, City Clerk 178 ITEM #:43 DATE:05-27-25 DEPT:POLICE SUBJECT:SPECIAL PENALTY ENFORCEMENT AREA FINES COUNCIL ACTION FORM BACKGROUND: During football game days, cars are often parked on both sides of some streets, making it difficult to traverse and creating a problem for emergency vehicle response. In response to this challenge, in 2019, the City Council enacted enhanced penalties for game day parking in the area west of Jack Trice Stadium. The penalty for illegal parking in this area on game days increases from the typical $20 amount to $40 ($35 if paid within 7 days). The intent of this special penalty is to make parking illegally less economical than parking in one of the many paid parking areas around the stadium. The special penalty has been broadened beyond football game days to apply to other events when approved by resolution of the City Council. The Parking Division has been enforcing the game day parking regulations for several years giving staff the opportunity to review data. In FY 2022/23, staff wrote 879 game day parking tickets, increasing to 1,239 in FY 2023/24 and 1,130 in FY 2024/25. At this point, parking staff is averaging around 200 special penalty tickets per game. Staff has become concerned that the citation amount for these violations may be losing its deterrent effect, and is suggesting that the Council consider raising the citation amount or adopting alternative penalties. If there is a desire to gain additional compliance with the Game Day parking regulations, strategies that may be employed include, for example: 1. Imposing higher fines for repeat offenders. 2. Increasing the fine for Game Day citations. 3. A combination of higher fines for Game Day citations and higher fines for repeat offenders. Staff has found over the past three seasons, 52 vehicles were issued three or more citations. This accounts for a total of 193 citations. Most of these citations are paid. The current parking management system can identify repeat offenders and therefore would be able to identify and apply an increased fine. However, repeat offenders account for under 6% of total game day citations issued. This strategy would not likely make a large difference in compliance as the total number is small. An overall increase in the fine amount may be a more effective strategy. Private parking lots are charging up to $25 for game day parking (which could increase at any time). A person who pays the Game Day citation within 7 days will pay a $35 fine. The $10 differential is not a strong deterrent when parking illegally and paying the fine allows the violator to park closer and leave the area more quickly. In addition, as CyTown construction continues with an anticipated completion in 2027, the City may start to see additional events that may 1179 exacerbate the parking problem adjacent to the stadium and CyTown. To address the compliance issues as outlined in this report, staff would propose that the penalty for a Game Day and Special Event parking violation to be increased to $75 70 if paid within seven days). ALTERNATIVES: 1. Direct staff to prepare an ordinance increasing the penalty for Illegal Parking in the Enhanced Event parking area during game day and other events to $75, or $70 if paid within seven days. 2. Direct staff to establish penalties of a different amount. 3. Make no change to the current fine structure. CITY MANAGER'S RECOMMENDED ACTION: Parking adjacent to Jack Trice Stadium and the future CyTown area has continued to be a source of congestion during game days, creating an environment where it is difficult for vehicles to traverse the streets. This is particularly problematic for emergency responders, especially when driving larger vehicles such as an ambulance or fire apparatus. The current citation system no longer seems to be a strong deterrent as the cost of a ticket and the cost to park legally begin to converge. Staff believes a higher citation amount will be more effective at generating compliance. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 2180 To:Mayor & City Council From:City Clerk's Office Date:June 6, 2025 Subject:Amendments to Municipal Code Sections 17.6 (2) and 17.6 (9) Item No. 34 MEMO On May 23, 2025, that City Council received a request from the Ames Fire Department to amend Municipal Code Sections 17.6 (2) and 17.6 (9) to align with newly adopted state legislation that prohibits a City Council from restricting or limiting the use of consumer fireworks, display fireworks, or novelties products on certain dates. The City Council referred the request to staff and amendments have been drafted for consideration in the attached ordinance. It should be noted that although the ordinance aligns with state law in allowing fireworks use at designated times on a person's own property or property owned by another person with their permission, it remains prohibited to use fireworks at any time on City property, including parks, streets, sidewalks, trails, or right--of-way. Staff is requesting that the City Council suspend the rules to pass the ordinance on second and third reading an adoption of ORDINANCE NO. 4558 on June 10. This will allow time for City staff to publicize the expectations for permitted and prohibited fireworks use in advance of the Fourth of July holiday. Staff has prepared communication to be sent to rental property managers to encourage them to ensure tenants are aware of whether fireworks use is allowed or prohibited. It is important to note that for a multi-family property, only a person in control of the property (such as the property owner or landlord) will be able to request that the City enforce a prohibition on fireworks use on the property. Generally, staff will not be able to take enforcement action upon the request of other tenants. ATTACHMENT(S): J. Ziph - Fireworks Regulations.pdf DRAFT Ordinance amending Fireworks Regulations.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 181 Smart Choice 23 May 2025 To: Ames City Council From: Ames Fire Department Subject: REQUEST FOR CHANGE TO CITY CODE SECTIONS TO ALIGN WITH NEWLY ADOPTED STATE CODE. Under previous State code, a Board of Supervisors or City Council may, by ordinance or resolution, prohibit or limit the use of consumer fireworks, display fireworks, or novelties, as described in Code section 727.2. The new State code prohibits a Board of Supervisors or City Council from restricting or limiting the use of consumer fireworks, display fireworks, or novelties, as described in Code section 727.2, on July 3, July 4, or December 31 in accordance with Code section 727.2(4). A person who violates Code section 727.2 would commit a simple misdemeanor. It is requested that the City Council direct that appropriate changes be drafted by the City Attorney to amend City Code Sections 17.6 (2) and Sections 17.6 (9). 515.239.5109 main 1300 Burnett Ave. 515.232.9932 fax Ames, IA 50010 www.CityofAmes.org 182 ORDINANCE NO. _______ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 17.6 THEREOF, FOR THE PURPOSE OF CONFORMING TO THE IOWA CODE, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Sections 17.6(2), 17.6(7) and 17.6(9) as follows: “Sec. 17.6. FIREWORKS, USE AND SALES REGULATED. *** (2) The use or exploding of consumer fireworks is prohibited., except for: (a) on July 3 between the hours of 9:00 a.m. and 10:00 p.m. (or 9:00 a.m. and 11:00 p.m. if July 3 is a Saturday or Sunday), (b) on July 4 between 9:00 a.m. and 11:00 p.m., and (c) from 9:00 a.m. on December 31 to 12:30 a.m. on the immediately following day. A person shall not use consumer fireworks on real property other than that person’s property or on the real property of a person who has consented to the use of consumer fireworks on that property. The use or exploding of consumer fireworks is prohibited at all times on City property, including but not limited to City parks, streets, sidewalks, trails, rights-of-way and any other property owned or leased by the City or under the exclusive control of the City. *** (7) A violation of a provision of this subsection pertaining to the use or exploding of fireworks shall be a simple misdemeanor punishable by a fine of not less than $250. *** (9) Retail vendors of consumer fireworks shall post a sign in plain view of customers informing customers that the use of fireworks within the Ames city limits is prohibited by city ordinance, and that a violation is a simple misdemeanor punishable by a fine of not less than $250. Retail vendors of consumer fireworks shall post a sign in plain view of customers informing customers that the use or exploding of consumer fireworks within the Ames city limits is only permitted on July 3 between the hours of 9:00 a.m. and 10:00 p.m. (or 9:00 a.m. and 11:00 p.m. if July 3 is a Saturday or Sunday), July 4 between 9:00 a.m. and 11:00 p.m., or from 9:00 a.m. on December 31 to 12:30 a.m. on the immediately following day; and that a violation is a simple misdemeanor, punishable by a fine of not less than $250.00. 183 ***” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2025. _______________________________ _______________________________ Jeramy Neefus, Recording Secretary John A. Haila, Mayor First Reading: Second Reading: Third Reading: Passed on: I, Renee Hall, City Clerk of the City of Ames, Iowa, hereby certify that the above and foregoing is a true copy of Ordinance No. ________________, passed by the City Council of said City at the meeting held on ______________________ and signed by the Mayor on ______________________, and published in the Ames Tribune on ______________________. _______________________________ Renee Hall, City Clerk 184 To:Mayor & City Council From:Planning & Housing Date:June 6, 2025 Subject:Ordinance for Urban Revitalization Plan Item No. 35 MEMO The ordinance relating to relating to establishing the Urban Revitalization Plan for 329 Southeast 5th Street is attached for your review and consideration for second reading. ATTACHMENT(S): Ordinance_URA__FurnUSA-Target_.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 185 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:City Clerk, 515 Clark Avenue, Ames IA 50010 Document prepared by:Mark O. Lambert. City of Ames Legal Department, 515 Clark Ave., Ames, IA 50010 –515-239-5146 ORDINANCE NO. ______ AN ORDINANCE TO DESIGNATE URBAN REVITALIZATION AREA PLAN FOR PROPERTIES LOCATED AT 329 SE 5TH STREET AND 320 SOUTH DUFF AVENUE BE IT ENACTED by the Ames City Council for the City of Ames, Iowa, that: Section One. The legal description of the Urban Revitalization Plan for properties located at 329 SE 5th Street and 320 South Duff Avenue are as follows: PARCEL “AG”, PART OF THE SOUTH HALF (S1/2) OF THE NORTHEAST QUARTER (NE1/4) OF SECTION ELEVEN (11), TOWNSHIP EIGHTY-THREE (83) NORTH, RANGE TWENTY-FOUR (24) WEST OF THE 5TH P.M., STORY COUNTY, IOWA, AS SHOWN ON THE “PLAT OF SURVEY” FILED IN THE OFFICE OF THE RECORDER, STORY COUNTY, IOWA, ON JANUARY 27, 2006, AS INST. NO. 06-01039, SLIDE 269, PAGE 5 AND, LOTS 2 AND 3 OF TARGET ADDITION, CITY OF AMES, STORY COUNTY, IOWA, PLATTED AND RECORDED IN INSTRUMENT NUMBER 98-12400, STORY COUNTY IOWA, DESCRIBED AS FOLLOWS: 186 BEGINNING AT THE NORTHEAST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 11, TOWNSHIP 83 NORTH, RANGE 24 WEST OF THE 5TH P.M.; THENCE S 00°19’30” E, ALONG THE EAST LINE OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 171.22 FEET; THENCE N 90°00’00” W, 540.87 FEET; THENCE S 00°00’00” W, TO THE NORTH RIGHT-OF-WAY LINE OF SOUTHEAST 5TH STREET A DISTANCE OF 443.48 FEET; THENCE N 89°58’35 W, ON SAID NORTH RIGHT- OF-WAY LINE, 73.93 FEET; THENCE N 00°59’31” W, ON THE EAST LINE OF THE WEST 699.5 FEET OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE OF 443.52 FEET; THENCE N 90°00’00” W, TO THE WEST LINE OF THE EAST 224.5 FEET OF THE WEST 544.5 FEET OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11, A DISTANCE 380.43 FEET; THENCE N 00°32’30” W, ALONG THE SAID WEST LINE TO THE NORTH LINE OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF SAID SECTION 11 AND A CORNER OF LOT 3 IN THE SUBDIVISION OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 11 , A DISTANCE OF 182.81 FEET; THENCE N 89°08’11” W, ALONG THE SOUTH LINE OF SAID LOT 3 TO THE EAST RIGHT-OF-WAY LINE OF DUFF AVENUE, A DISTANCE OF 279.49 FEET; THENCE N 00°32’24” W, ALONG SAID EAST RIGHT-OF-WAY LINE TO THE SOUTHWEST CORNER OF LOT 1 IN TARGET ADDITION, A DISTANCE OF 70.82 FEET; THENCE S 90°00’00” E, ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHEAST CORNER OF SAID LOT 1, A DISTANCE OF 302.92 FEET; THENCE N 00°32’30” W, ALONG THE EAST LINE OF SAID LOT 1 TO A POINT ON THE SOUTH RIGHT-OF-WAY LINE OF SOUTHEAST 3RD STREET, A DISTANCE OF 205.51 FEET; THENCE S 90°00’00” E, ALONG SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 39.16 FEET; THENCE N 84°21’30” E, ON SAID SOUTH RIGHT-OF-WAY LINE, A DISTANCE OF 101.72 FEET; THENCE S 90°00’00” E, ON SAID SOUTH RIGHT-OF-WAY TO THE NORTHEAST CORNER OF SAID LOT 3, A DISTANCE OF 686.85 FEET; THENCE S 00°00’00” E, ON THE EAST LINE OF SAID LOT 3, A DISTANCE OF 300.61 FEET; THENCE S 89°26’43” E, A DISTANCE OF 155.58 FEET TO THE POINT OF BEGINNING. is hereby designated, pursuant to Chapter 404, Code of Iowa, as the Urban Revitalization Plan Area. Section Two. All ordinances, or parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Three. This ordinance shall be in full force and effect from and after its passage and publication as required by law. 187 Passed this day of , 2025. _____________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 188 To:Mayor & City Council From:Planning & Housing Department Date:June 6, 2025 Subject:Rezoning 113 North Dakota from Residential Low Density to Residential Medium Density Item No. 36 MEMO The ordinance relating to rezoning 113 North Dakota from Residential Low Density (RL) to Residential Medium Density (RM) with a Planned Unit Development Overlay (RM PUD) is attached for your review and consideration for second reading. ATTACHMENT(S): 113 North Dakota Ave - Rezoning.docx City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 189 DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER Prepared by: City Clerk’s Office, 515 Clark Avenue, Ames, IA 50010 Phone: 515-239-5105 Return to: Ames City Clerk, P.O. Box 811, Ames, IA 50010 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE CITY OF AMES, IOWA, AS PROVIDED FOR IN SECTION 29.301 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY CHANGING THE BOUNDARIES OF THE DISTRICTS ESTABLISHED AND SHOWN ON SAID MAP AS PROVIDED IN SECTION 29.1507 OF THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HEREWITH AND ESTABLISHING AN EFFECTIVE DATE BE IT HEREBY ORDAINED by the City Council of the City of Ames, Iowa; Section 1: The Official Zoning Map of the City of Ames, Iowa, as provided for in Section 29.301 of the Municipal Code of the City of Ames, Iowa, is amended by changing the boundaries of the districts established and shown on said Map in the manner authorized by Section 29.1507 of the Municipal Code of the City of Ames, Iowa, as follows: That the real estate, generally located at 113 North Dakota Avenue, is rezoned from Residential Low Density (RL) to Residential Medium Density (RM) with a Planned Unit Development (PUD) overlay, a Major Site Development Plan, and a Preliminary Plat.. Real Estate Description: Parcel Q in the Southeast Quarter of the Southeast Quarter, Section 6, Township 83, Range 24, West of the 5th P.M., City of Ames, Story County, Iowa Section 2: All other ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 3: This ordinance is in full force and effect from and after its adoption and publication as provided by law. ADOPTED THIS day of , . Renee Hall, City Clerk John A Haila, Mayor 190 To:Mayor & City Council From:Planning & Housing Date:June 6, 2025 Subject:Zoning Text Amendment modifying Billboard standards Item No. 37 MEMO The ordinance relating to a Zoning Text Amendment modifying Billboard standards and creating Digital Display Standards is attached for your review and consideration for third reading and adoption. ATTACHMENT(S): DRAFT_ordinance_for_billboards_and_digital_displays.pdf City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 191 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 29.201(28), REPEALING SECTION 29.409 AND ENACTING A NEW SECTION 29.1319 THEREOF, FOR THE PURPOSE OF ESTABLISHING REQUIREMENTS FOR OUTDOOR ADVERTISING DISPLAYS AND BILLBOARDS, REPEALING ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT TO THE EXTENT OF SUCH CONFLICT AND ESTABLISHING AN EFFECTIVE DATE. BE IT ENACTED, by the City Council for the City of Ames, Iowa, that: Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by amending Section 29.201(28), repealing Section 29.409, and enacting a new Section 29.1319 as follows: “Sec. 29.201. DEFINITIONS. Except as otherwise defined in this Ordinance or unless the context may otherwise require, the following words are defined for the purpose of this Ordinance as follows: … (28) Billboard means a fabricated surface or devise located outdoors that is used or intended to be used in the business of displaying messages in exchange for a rental payment fee. Billboards and Outdoor Advertising Displays mean a fabricated surface or device, including support structure, located outdoors that is used or intended to be used in the business of displaying messages for services, activities, goods, or other information that is not related to activities located on the site of the display. … Sec. 29.412. BILLBOARDS. (REPEALED) (1) Locations Limited. (a) Billboards are permitted in only the following Zones: Highway-Oriented Commercial (HOC), General Industrial (IGI), Planned Industrial (IP), and Agricultural (A). (b) Location of a Billboard within 600 feet of the boundary of a Zone in which Billboards are not permitted is prohibited. (c) Billboards are prohibited within 250 feet of any part of any roadway interchange with either Interstate Highway 35 or U.S. Highway 30. (d) No Billboard shall be located nearer than 600 feet to any other Billboard. (2) Message Area. The area of either side of a Billboard that displays a message shall not exceed 200 square feet, and, a Billboard shall not have more than two sides for the display of messages. However, the area of a message display side may be as much as 300 square feet if the Billboard is located in a corridor lying 300 feet on either side of the right-of-way of U.S. Highway 30. (3) Monopole Required. All Billboards shall be erected on a single steel monopole. (4) Landscaping. Landscaping that enhances the site of the Billboard, and the area surrounding the Billboard, shall be established, and maintained at the base of each Billboard by the party in control of the Billboard, except for Billboards located in the Agricultural (A) Zone. (5) Height Limit. A Billboard shall not exceed 50 feet from the base of the monopole to the top of the Billboard's highest part. 192 (6) Setback Required. A Billboard shall not be located nearer to any point in the boundary of the lot on which the Billboard is located than the number of feet in the vertical dimension of the Billboard determined as stated in subsection E above. (7) Lighting Restricted. A Billboard shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m. by lights directed upwards. Illumination by lights directed downward is not subject to a time limit. (8) One Per Lot. More than one Billboard on a single lot is prohibited. (9) Billboards shall be subject to the provisions of Municipal Code Chapters 5 and 7 (Building Code and Electrical Regulations, respectively), and other applicable provisions of this Ordinance. When there is a conflict between a provision of said regulations and a provision of this Section, the more restrictive provision shall control. (Ord. No. 4516, 01-09-24) … Sec. 29.1319. Billboards and Outdoor Advertising Displays. (1) Locations Limited. (a) Billboards are permitted only within the following Zones: Highway-Oriented Commercial (HOC), General Industrial (GI), Planned Industrial (PI), and Agricultural (A). Billboards are considered a second principal use of a property and may be established consistent with this ordinance regardless of any other principal uses of the property. Billboards require approval of a Site Development Plan or Zoning Permit as establishing a use on the site. (b) Location of a Billboard within 600 feet of the boundary of a Zone in which Billboards are not permitted is prohibited, excluding S-GA. Billboards on state designated Scenic Byways of the Lincoln Highway and Jefferson Highway are prohibited. (c) Billboards are prohibited within 250 feet of any part of any roadway interchange with either Interstate Highway 35 or U.S. Highway 30 as defined by Iowa DOT. (d) No Billboard shall be located nearer than 600 feet to any other Billboard. (2) Message Area. The area of either side of a Billboard that displays a message shall not exceed 200 square feet, and, a Billboard shall not have more than two sides for the display of messages. However, the area of a message display side may be as much as 300 square feet if the Billboard is located in a corridor lying 300 feet on either side of the right-of-way of U.S. Highway 30. Digital Displays approved per subsection 10 below are not subject to this subsection. (3) Monopole Required. All Billboards shall be erected on a single steel monopole. (4) Landscaping. Landscaping that enhances the site of the Billboard, and the area surrounding the Billboard, shall be established, and maintained at the base of each Billboard by the party in control of the Billboard, except for Billboards located in the Agricultural (A) Zone. The construction of a Billboard does not require site, yard, or parking lot landscaping that would otherwise apply to development of a site. Construction of a Billboard does not reduce or remove any required landscaping requirements for a property related to the site, parking, or yard requirements for any other use of the site or improvements to the site. (5) Height Limit. A Billboard shall not exceed 50 feet from the base of the monopole to the top of the Billboard's highest part. (6) Setback Required. All parts of the Billboard shall meet the principal building setbacks of the underlying zone, except in no case shall the setback be less than 20 feet. (7) Lighting Restricted. A Billboard shall not be illuminated between the hours of 10:00 p.m. and 6:00 a.m., except by external lights directed downward is not subject to a time limit. Digital Displays approved per Section 10 are not subject to this section. (8) One Per Lot. More than one Billboard on a single lot is prohibited. (9) Other Requirements. Billboards shall be subject to the provisions of Municipal Code Chapters 5 and 7 (Building Code and Electrical Regulations, respectively), and other applicable provisions of this Ordinance. When there is a conflict between a provision of said regulations and a provision of this Section, the more restrictive provision shall control. 193 (10) Digital Displays. Digital Displays, also known as electronic message centers, are Billboards with programable displays and internal illumination of the message area by LEDs. Digital Displays are only permitted along a U.S. Highway 30 for a property zoned HOC, GI or PI that abuts such a Highway and is subject to the other standards for Billboards. No existing Billboard may be converted to a Digital Display. (a) Removal of nonconforming billboards required. (i) At a minimum, removal of two billboard support structures and associated sign faces located at nonconforming locations of Section 1(a) or (b) is required for erection of a Digital Display support structure. (ii) At a minimum, at least 400 square feet of message area must be removed for each Digital Display message area, this may require removal of more than two support structures and sign face area to achieve the minimum standards. No partial credits for removal of structures or sign area may be retained or applied to a future approval of a Digital Display. For example, if two support structures with two sign faces each have a combined total 1000 square feet of sign area are removed it will allow for construction of one Digital Display support structure and two new digital sign faces on that structure, but there is no carryover of the sign area removed in excess of the 800 square foot minimum area requirement. (iii) Credit for removal of nonconforming billboards requires removal of the Billboard that was subject to a lease to an advertising company that applies for a digital display, must be removed within the prior six months of applying for a new Digital Display, and there has been no approval for moving or replacing said Billboard within 1000 feet of prior location. Alternatively, Digital Display approval maybe be conditioned upon removal of identified Billboards prior to issuance of permit for the erection of a new support structure. The Planning Director may grant up to one six-month extension for removal. (b)Newly constructed Digital Display Billboards may be authorized by the Planning and Housing Director through approval of a Minor Site Development Plan subject to conformance with all standards of this Ordinance, excepting subsection 7 of this Section, and the following criteria: (ii) The size of a display shall not exceed 672 square feet, and each Billboard shall have no more than two displays (one for each direction). (iii) Separation of 1,000 feet from another Billboard of any type. (iv) Digital Displays shall not be animated or create the appearance of animation for each advertising segment or “flip” of the message to another message. Message displays shall be for a minimum of eight seconds and conform to all Department of Transportation requirements for a Billboard. (v) The Digital Display shall be an LED design operated with automatic lighting controls and photo sensors to limit illuminance and brightness to compatible levels. Excessive brightness and illuminance at any time of day is a violation of the Code. Brightness of light emitted shall not exceed a maximum of 160 NITS as measured at the sign face during evening and nighttime hours from dusk to dawn when sign is in an all-white condition. Prior to operation of the Digital Display, a report of calibration of the display to these standards shall be provided to the Planning Director. (vi) Once approved, the Digital Display is not subject to the outdoor lighting code standards of Article IV. However, the Digital Display shall be maintained and operated in accordance with all requirements of this section. Any bonafide complaint to City staff of excessive brightness or illuminance in relation to area within 1320 linear feet of the display shall require a response by the operator within 30 days of notice to provide information related to the calibration and maintenance of the Billboard. Additionally, City staff may require a test of the sign face at an agreed upon time with the operator using an appropriately calibrated light meter (NIT Gun) to determine compliance with the 160 NIT standard. (vii) Any application for a Digital Display shall include all information required for a Site Development Plan and supplemental information requested by the Planning Director. 194 (11) Conformance. No Billboard can be modified without conforming to this section, including conforming with the standards for size, structural support, lighting, and illumination of the message area. Any Billboard lawfully existing prior to May 1, 2000, that does not comply with the use or design standards is nonconforming and subject to limitations of Article III for use. However, no increase in intensity of the nonconforming use or design shall be permitted or specially permitted, that includes a change of message display area or its illumination.” Section Two. Violation of the provisions of this ordinance shall constitute a municipal infraction punishable as set out by law. Section Three. All ordinances, or parts of ordinances, in conflict herewith are hereby repealed to the extent of such conflict, if any. Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required by law. Passed this day of , 2025. ______________________________________ _______________________________________ Renee Hall, City Clerk John A. Haila, Mayor 195 To:Mayor & City Council From:City Clerk's Office Date:June 6, 2025 Subject:Report of Governing Body Item No. 38 MEMO Report City Clerk's Office 515.239.5105 main 515.239.5142 fax 515 Clark Ave. P.O. Box 811 Ames, IA 50010 www.CityofAmes.org 196