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HomeMy WebLinkAbout~Master - July 8, 2025, Regular Meeting of the Ames City Council1.Motion approving payment of claims 2.Motion approving Report of Change Orders for period of June 16-30, 2025 3.Motion approving Summary of Minutes of the Regular City Council Meeting on June 24, 2025, and Special AAMPO Meeting on June 17, 2025, and Special City Council Meeting on June 17, 2025 4.Motion approving Civil Service Candidates 5.Motion approving new 5-Day (August 19-23, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar Co., 1930 E 13th Street 6.Motion approving Premises Update for Class E Retail Alcohol License - Kum & Go #0217, 3111 South Duff Avenue 7.Motion approving Temporary Outdoor Service for Class C Liquor License with Outdoor Service - Sips and Paddys, 126 Welch Avenue on: a. August 28 - September 1, 2025 b. September 4 - September 7, 2025 8.Motion approving Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Torrent Brewing Company, LLC, 504 Burnett Avenue, Midnight Madness 9.Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Applebee's Neighborhood Grill & Bar, 105 Chestnut, Class C Retail Alcohol License b. Sportsman's Lounge, 123 Main Street, Class C Retail Alcohol License with Living Quarters c. AJ's Liquor II, 2515 Chamberlain Street, Class E Retail Alcohol License d. Huhot Mongolian Grill, 703 S. Duff Ave. Suite #105, Special Class C Retail Alcohol License e. Rinconcito Hispano Tienda y Taqueria, 823 Wheeler Street Suite #1, Class C Retail AGENDA REGULAR MEETING OF THE AMES CITY COUNCIL COUNCIL CHAMBERS - CITY HALL JULY 8, 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. REGULAR MEETING OF THE AMES CITY COUNCIL** **Regular City Council Meeting will immediately follow the Ames Area Metropolitan Planning Organization Transportation Policy Committee 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 Alcohol License f. Northcrest Inc, 1801 20th Street, Special Class C Retail Alcohol License with Outdoor Service 10.Resolution approving Professional Services Agreement with Stanley Consultants, of Des Moines, IA, for 2025/26 Collector Street Pavement Improvements (Bloomington Road) in an amount not to exceed $72,000 11.Resolution approving Professional Services Agreement with Foth Infrastructure & Environment, LLC, of Cedar Rapids, IA, for the Duff Avenue Corridor Study in an amount not to exceed $100,000 12.Resolution approving preliminary plans and specifications for 2024/25 Multi-Modal Roadway Improvements (6th Street, North of City Hall), setting August 6, 2025, as the bid due date and August 12, 2025, as the date of Public Hearing 13.Resolution approving contract renewal with EMC Claims Solutions, LLC, of Des Moines, IA, to provide third-party administration of the City's Workers' Compensation and Municipal Fire and Police "411 System" claims for the term of August 1, 2025, through June 30, 2026 14.Resolution approving contract renewal for the purchase of oils, lubricants, and fluid analysis for Fleet Services and Ames Transit Agency (CyRide) to Heritage Petroleum, LLC of Evansville, IN, for the one-year period from July 1, 2025 through June 30, 2026, in an amount not-to-exceed $49,300.00 15.Resolution awarding contract to Wulfekuhle Injection and Pumping of Peosta, IA, for FY 2025/26 WPC Biosolids Disposal Contract using unit prices as bid in a total amount not to exceed $104,687.50 16.Resolution approving third amendment to 28E Funding Agreement with Story County Edge of Field Project 17.Prairie View Industrial Center Utility Extension Project a. Resolution approving Change Order No. 4 with Keller Excavating of Boone, IA, for the Prairie View Industrial Center Utility Extension Project, a deduction in the amount of $298,239.42 b. Resolution approving Change Order No. 5 with Keller Excavating of Boone, IA, for the Prairie View Industrial Center Utility Extension Project, a deduction in the amount of $147,984.88 c. Resolution accepting Prairie View Industrial Center Utility Extension Project as completed by Keller Excavating of Boone, IA, in the amount of $8,269,896.42 18.Resolution approving Change Order No. 4 with Keller Excavating, Inc. of Boone, IA, for the North River Valley Well Field and Pipeline Project, in the amount of $47,336 19.Resolution approving Change Order No. 4 to 2022/23 Airport Improvements Program (South Apron Rehab), the balancing change order, a deduction in the amount of $35,531.35 20.Resolution approving partial completion of public improvements and reducing the financial security on file for North Dayton Industrial Park Subdivision to $173,250 21.Resolution approving partial completion of public improvements and reducing the financial security on file for North Sunset Ridge 1st Addition to $385,150.13 22.Resolution approving partial completion of public improvements and reducing the financial security on file for Sunset Ridge 11th Addition to $28,220.00 23.Resolution approving partial completion of public improvements and reducing the financial security on file for Ansley 3rd Addition Subdivision to $405,659.50 24.Resolution approving completion of public improvements and releasing in full the financial security on file for Sunset Ridge 10th Addition 25.Resolution approving completion of public improvements and releasing in full the financial 2 security on file for Hayden's Ridge - Townhome Community 26.Resolution approving Minor Final Plat for Hy-Vee Subdivision Second Addition 27.Resolution approving consent of assignment of cellular antenna site lease from Verizon Wireless to VB Acquisitions, LLC 28.FY 2024/25 Climate Action Plan Update 29.Nuisance Ordinance Update 30.Resolution approving Solid Waste Disposal Agreement with Carroll County, Iowa Solid Waste Management Commission 31.Motion approving/denying a Class C Retail License - La Casa Maya, 631 Lincoln Way, Class C Retail Alcohol License with Outdoor Service 32.Hearing on Fire Alarm Upgrade for the Power Plant: a. Motion approving report of bids b. Resolution approving final plans and specifications and awarding a contract to Van Maanen Electric Inc. of Newton, IA, in the amount of $359,895 33.Hearing to Vacate right-of-way on Lot ‘J’ of Bloomington Heights West Plat 3 a. Resolution approving vacating right-of-way on Lot 'J' b. Resolution approving establishment of 5-foot public utility easement on the easterly property line of said parcel. 34.Hearing on Rezoning of Property located at 57258 220th Street (East 13th Street) from Agricultural (A) To General Industrial (GI) upon its final approval of Annexation by the State a. Resolution approving request to rezone from Agricultural (A) to General Industrial (GI) 35.Hearing on Amendments to Chapter 29 of the Ames Municipal Code for Driveway Zoning Standards a. Ordinance modifying driveways dimensions and spacing b. Motion to approve/deny directing staff to draft ordinance to create paving exception for long driveways 36.Modifications to Municipal Code for Renewable Energy Buyback Program: a. First reading of ordinance amending Chapter 28 of Municipal Code b. Resolution amending Appendix H, Electric Tariff No. 5 37.Third reading and adoption of ORDINANCE NO. 4563 to comply with the new state law regarding citizen review boards of police and repeal Ames Resident Police Advisory 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. ADMINISTRATION: FIRE: PUBLIC WORKS: POLICE: HEARINGS: ORDINANCES: 3 Committee (ARPAC) 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 DISPOSITION OF COMMUNICATIONS TO COUNCIL : REPORT OF GOVERNING BODY: COUNCIL COMMENTS : ADJOURNMENT: Please note that this agenda may be changed up to 24 hours before the meeting time as provided by Section 21.4(2), Code of Iowa. 4 To:Mayor & City Council From:Renee Hall, City Clerk Date:July 8, 2025 Subject:Report of Contract Change Orders Item No. 2 MEMO The Report of Change Orders is for the period of June 16-30, 2025, is attached for your review and consideration. ATTACHMENT(S): Change Order Report - June 16-30, 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) Parks & Recreation Bid Package 03-1 Bulding Concrete Work for Fitch Family Indoor Aquatic Center 2 $671,500.00 All Star Concrete LLC $10,100.00 $7,029.00 K. Abraham KS Parks & Recreation Bid Package 26-1 Electrical, Communications, Electronic Safety & Security Work for Fitch Family Indoor Aquatic Center 4 $1,477,436.00 Van Maanen Electric, Inc. $40,869.00 $1,007.00 P. Goldbeck KS Electric Services Power Plant Maintenance Services Contract 1 $165,000.00 Waldinger Corporation $0.00 $8,533.89 J. Muschick AM Parks & Recreation Lloyd Kurtz Park - Mini Pitch Project - Bid Package 1 - Concrete & Grading 3 $182,462.27 Caliber Concrete LLC $(232.00) $3,141.60 K. Abraham AM Public Works 22/23 Right of Way Restoration 2 $278,183.20 Country Landscapes, Inc. $3,080.00 $(32,337.42) B. Phillips AM Fleet Services Purchase of Four Dump Trucks with Snow and Ice Removal Provisions 1 $588,420.00 Trivista-Iowa O’Halloran International $0.00 $5,743.69 R. Iverson QE Period: 1st – 15th 16th – End of Month Month & Year: June 2025 For City Council Date: July 8, 2025 6 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 22/23 Airport Improvements (S. Apron Rehab) 3 $1,251,750.00 Con Struct Inc. $13.888.60 $21,866.00 B. Phillips AM Public Works 2050 Metropolitan Transportation Plan Update 1 $499,851.00 HDR Engineering, Inc. $0.00 $15,000.00 D. Pregitzer AM Electric Services Liquid Sodium Hypochlorite 1 $44,940.00 Hawkins, Inc. $0.00 $6,279.12 J. Muschick QE 7 To:Mayor & City Council From:City Clerk's Office Date:July 8, 2025 Subject:Approval of Minutes Item No. 3 MEMO Attached are the minutes from the Regular City Council Meeting on June 24, 2025, Special AAMPO Meeting on June 17, 2025, and Special City Council Meeting on June 17, 2025, for your review and consideration. ATTACHMENT(S): C25-0624 Summary.pdf C25-0617 Summary.docx C25-0617 AAMPO Summary.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 8 1 SUMMARY OF MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JUNE 24, 2025 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:00 p.m. on the 24th day of June, 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 was also present. CONSENT AGENDA: Mayor Haila noted that staff requested to pull Item No. 9 and Member Junck requested to pull Item No. 28. Moved by Betcher, seconded by Gartin, to approve the consent agenda less Item No. 9 and Item No. 28. 1. Motion approving payment of claims 2. Motion approving Report of Change Orders for period of June 1-15, 2025 3. Motion approving Summary of Minutes of the Regular Meeting of the Ames City Council on June 10, 2025 4. Motion approving Ownership Update for Class B Retail Alcohol License - Aldi Inc. #48, 108 S 5th Street 5. Motion approving Ownership Update for Class C Retail Alcohol License - Inside Golf, 2801 Grand Avenue Suites 1040, 1045, 1075, 1085 6. Motion approving Ownership Update for Special Class C Retail Alcohol License - Wheatsfield Cooperative, 413 Northwestern Avenue 7. Motion approving new 5-Day (July 22-26, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar Co., 1930 E 13th Street 8. Motion approving the renewal of the following Beer Permits, Wine Permits, and Liquor Licenses: a. Botanero Latino, 626 Lincoln Way, Special Class C Retail Alcohol License with Outdoor Service b. Red Lobster #0747, 1100 Buckeye Avenue, Class C Retail Alcohol License c. Welch Ave Station, 207 Welch Avenue, Class C Retail Alcohol License d. Kwik Star #1158, 1910 Isaac Newton Drive, Class E Retail Alcohol License 9. Motion authorizing staff to apply for grant funding under the 2025 Law Enforcement Mental Health Wellness Act 10. Motion accepting Fitch Family Indoor Aquatic Center Monthly Update 11. RESOLUTION NO. 25-305 authorizing the Mayor to sign Certificate of Consistency with the City's 2024- 2029 CDBG Consolidated Plan on behalf of YSS for funding under the Iowa Balance of State Continuing of Care/Community Plan Grant Program 12. RESOLUTION NO. 25-306 approving encroachment permit for sign at 2320 Lincoln Way 13. RESOLUTION NO. 25-307 approving and adopting Supplement No. 2025-3 to the Municipal Code 9 2 14. RESOLUTION NO. 25-308 adopting annual fee schedule for FY 2025/26 15. RESOLUTION NO. 25-309 approving Pay Plan for FY 2025/26 16. RESOLUTION NO. 25-310 approving salaries for Council Appointees for FY 2025/26 17. RESOLUTION NO. 25-311 approving FY 2025/26 ASSET Contracts with NAMI, HIRTA, and YSS 18. RESOLUTION NO. 25-312 approving an amendment in the amount of $25,000 to ASSET contract with The Salvation Army for temporary emergency shelter services 19. RESOLUTION NO. 25-313 approving request to carry over Historic Preservation Commission Funds to FY 2025/26 to support the "Ames: A Glimpse Inside" Event 20. RESOLUTION NO. 25-314 accepting premium quote from Midwest Employers Casualty Company for 2025/26 Excess Worker's Compensation Insurance Renewal 21. RESOLUTION NO. 25-315 approving Liability Brokerage Agreement with Assured Partners (formerly Knapp Tedesco) in the amount of $29,000 for the period of July 1, 2025, through June 30, 2026 and the purchase of the crime bond for $4,373 22. RESOLUTION NO. 25-316 approving renewal agreement for Safety Services with IAMU in an amount not to exceed $147,036 for July 1, 2025, through June 30, 2026 23. RESOLUTION NO. 25-317 approving contract renewal for FY 2025/26 Street Sweeping to Vincent All Seasons Enterprises, of Nevada, IA, in an amount not to exceed $57,000 24. RESOLUTION NO. 25-318 approving contract renewal for FY 2025/26 for concrete and asphalt crushing to Reilly Construction Co., of Ossian, IA, in an amount not to exceed $44,750 25. RESOLUTION NO. 25-319 approving contract renewal and bond for the Electric Distribution Line Clearance Program with Wright Tree Services, of Des Moines, IA, for one-year period from July 1, 2025 through June 30, 2026, in an amount not -to- exceed $464,000 26. RESOLUTION NO. 25-320 approving contract and bond for the 2024/25 Collector Street & Water System Improvements (Oakland Street - Oliver Avenue to Hawthorne Avenue) with Manatt's, Inc. of Ames, IA, in the amount of $650,346.84 27. Underground Trenching Contract for Electric Services: a. RESOLUTION NO. 25-321 approving primary contract with Communications Data Link, of Grimes, IA, for the one-year period from July 1, 2025 through June 30, 2025, in an amount not to exceed $225,000 b. RESOLUTION NO. 25-322 approving secondary contract with Ames Trenching & Excavating, of Ames, IA, for the one -year period from July 1, 2025, through June 30, 2026, in an amount not to exceed $150,000 28. RESOLUTION NO. 25-323 approving the purchase of a 12,000 gallon biodiesel supply tank with pumping station from Chevron in the amount of $60,000 29. RESOLUTION NO. 25-324 approving agreement with Roadway Management Technologies (RMT) for Roadway Data Collection Services 30. RESOLUTION NO. 25-325 approving the funding agreement with the Iowa Department of Transportation in the amount of $700,000 for the 2025/26 Collector 10 3 Street Pavement Improvements (Bloomington Rehabilitation) 31. RESOLUTION NO. 25-326 approving Change Order No. 4 with JB Holland Construction Inc. of Decorah, IA, for the Ash Pond Closure and RDF Ash Pond Reconstruction project in the amount of $9,672.50 32. RESOLUTION NO. 25-327 approving Plat of Survey (Boundary Line Adjustment) for 57244 200th Street 33. RESOLUTION NO. 25-328 approving Plat of Survey (Boundary Line Adjustment) for property located at 3875 & 3877 US Highway 69 34. RESOLUTION NO. 25-329 approving Electric Utility Easement at US Highway 30 & State Avenue 35. RESOLUTION NO. 25-330 setting date of public hearing for July 8, 2025, to vacate right-of-way for Lot J of Bloomington Heights West Plat 3 Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. PURCHASE OF A 12,000 GALLON BIODIESEL SUPPLY TANK: Council Member Junck noted that she pulled the item as she would be abstaining due to conflict of interest. Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 25 -323 approving the purchase of a 12,000 gallon biodiesel supply tank with pumping station from Chevron in the amount of $60,000. Roll Call Vote: 5-0-1, Junck abstaining due to conflict of interest. Motion declared carried unanimously. 2025 LAW ENFORCEMENT MENTAL HEALTH WELLNESS ACT: Chief of Police Geoff Huff explained that the grant application could not include funding for live animals, veterinary care, and other items related to the proposed crisis canine program as originally planned. Thus, the crisis canine program would be removed from the application. Moved by Gartin, seconded by Junck, to authorize staff to apply for grant funding under the 2025 Law Enforcement Mental Health Wellness Act. Roll Call Vote: 6-0. Motion declared carried unanimously. PUBLIC FORUM: Mayor Haila opened the Public Forum. Jason Allen, a community member experiencing homelessness, inquired if there was a place where homeless individuals who set up camp could go to feel part of the community. He expressed wanting to be part of something bigger than himself, give back to the community, and be a good citizen. Mayor Haila thanked Mr. Allen for his comments and noted the next agenda item may be of interest to him. Mayor Haila then closed the Public Forum when no one else came forward to speak. 11 4 STAFF REPORT REGARDING UPDATE ON OUTREACH EFFORTS TO INDIVIDUALS/FAMILIES EXPERIENCING HOMELESSNESS: Assistant City Manager Pa Vang Goldbeck introduced the Homeless Outreach Support Team (HOST), which included Susan Moore, Becky Lundy, Julie Saxton, Nick Toornstra, and Kathy Pinkerton. Together, the team provided an update on outreach efforts, including statistics and success stories. The Mayor and City Council members engaged in questions with the team at various points in the presentation to understand the impact of the financial support provided City Council allocations. No action was taken regarding the item. PRESENTATION OF CONCEPTUAL DESIGN FOR RESOURCE RECOVERY AND RECYCLING CAMPUS (R3C): Assistant City Manager Brian Phillips, Interim Public Works Director Justin Clausen, and Resource Recovery Superintendent Mark Peebler discussed the conceptual design and financial analysis for R3C. Staff noted they were seeking input from the City Council on whether the proposed services and fee structure aligned with its vision for solid waste management in the community. After question and answer with staff, the City Council stated agreement with the conceptual design as proposed. No action was taken regarding the item. 2024-26 TRAFFIC SYSTEM CAPACITY IMPROVEMENT PROGRAM (13 TH & GRAND): Civil Engineer II Mark Gansen noted three relevant items needing action related to the 2024-26 Traffic System Capacity Improvement Program. He presented the proposed phasing plan, which involved two main phases that would close portions of 13th Street while work is completed on Grand Avenue. He then explained that grant funding was available to support the project, noting that staff was requesting approval of a $500,000 grant agreement through the Iowa Department of Transportation (DOT) Traffic Safety Improvement Program. Engineer Gansen concluded by presenting an amendment to add acquisition services to the Engineering Services Agreement with WHKS & Co. He noted that the amendment included additional meetings with property owners to explain the process and impacts of the project. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to direct staff to proceed with the proposed phasing plan for the 2024-26 Traffic System Capacity Improvement Program (13th & Grand). Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25-331 approving Iowa DOT Traffic Safety Improvement Program agreement in the amount of $500,000 for the 2024-26 Traffic System Capacity Improvement Program (13th & Grand). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 12 5 Moved by Betcher, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 25-332 approving Amendment No. 1 with WHKS & Co. Ames, IA, for the Engineering Services Agreement for the 2024-26 Traffic System Capacity Improvement Program (13th & Grand). Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. The meeting was recessed by Mayor Haila at 8:19 p.m. and reconvened at 8:25 p.m. REQUEST TO INITIATE A ZONING TEXT AMENDMENT MODIFYING THE PUD OVERLAY OPEN SPACE STANDARD FOR INFILL SITES OF LESS THAN TWO ACRES: Planning and Housing Director Kelly Diekmann reviewed the request and discussed priorities for infill development. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Betcher, seconded by Beatty-Hansen, to approve Alternative #3: Initiate a developer application for a text amendment to remove the 10% open space requirement only for Single-Family Attached housing (Townhome style housing) for PUD sites less than two acres in size and allow for concurrent review of the applicant's PUD with the text amendment. Vote on Motion: 6-0. Motion declared carried unanimously. HEARING ON DALEY PARK SPLASH PAD PROJECT: Parks and Facilities Superintendent Joshua Thompson presented the Daley Park Splash Pad project and reviewed the timeline for completion. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25-333 approving final plans and specifications and awarding a contract to TK Concrete, Inc. of Pella, IA, in the amount of $322,820. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25-334 awarding contract to Commercial Recreation Specialists, of Verona, WI, for Splash Pad Equipment and Installation, in the amount of $577,934. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. 13 6 HEARING ON ADA HAYDEN HERITAGE PARK PATH REPLACEMENT PROJECT: Superintendent Thompson noted that the project involves replacing 3.2 miles of asphalt path with 12-foot wide concrete, which included connector paths to Fletcher Boulevard and Stone Brooke Road. The City Council members expressed interest in including replacement of the connector path to Edgewater Circle. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Corrieri, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Gartin, seconded by Corrieri, to adopt RESOLUTION NO. 25-335 approving final plans and specifications and awarding a contract to Caliber Concrete LLC of Adair, IA, for the Base Bid plus Bid Alternate #1, #2, and #3, in the amount of $1,148,206.58. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON PARKS AND RECREATION MAINTENANCE EXPANSION PROJECT: Superintendent Thompson highlighted that the project would consolidate multiple work sites into one facility at 700 E 13th Street, including renovating the current shop, adding parking, and constructing a cold storage facility. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Rollins, to accept report of bids. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 25-336 approving final plans and specifications and awarding a contract to King Knutson Construction, Inc. of Iowa Falls, IA, in the amount of $1,344,075 . Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. Moved by Beatty-Hansen, seconded by Gartin, to adopt RESOLUTION NO. 25-337 approving reallocating funds from the Daley Park Splash Pad Project ($357,358), Ada Hayden Path Replacement Project ($94,949), Mini Pitch Project ($64,500), Agility Course Project ($30,000), Disc Golf Course Project ($10,000), Brookside Stair Railings Project ($1,698), and Park Development Fund ($112,070) to be used for this project. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON AMENDMENTS TO CHAPTER 29 AND CHAPTER 13 OF THE AMES MUNICIPAL CODE REGARDING ACCESSORY DWELLING UNITS (ADU): Director Diekmann presented amendments to the municipal code regarding ADUs to comply with new state law. 14 7 Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Beatty-Hansen, seconded by Betcher, to pass on first reading an ordinance amending Chapter 29 and Chapter 13 of the Ames Municipal Code regarding Accessory Dwelling Units (ADUs) based on the proposed changes as shown in the final ordinance and those given in the memo from the Planning and Housing Department. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Betcher, to suspend the rules to allow second and third reading and adoption of an ordinance amending Chapter 29 and Chapter 13 of the Ames Municipal Code regarding Accessory Dwelling Units (ADUs). Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to pass on second reading an ordinance amending Chapter 29 and Chapter 13 of the Ames Municipal Code regarding Accessory Dwelling Units (ADUs). Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE NO. 4561 amending Chapter 29 and Chapter 13 of the Ames Municipal Code regarding Accessory Dwelling Units (ADUs). Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON ZONING TEXT AMENDMENT TO CHAPTER 21 & CHAPTER 29 OF MUNICIPAL CODE TO ADD A NEW AREA, DIMENSION, NUMERICAL STANDARDS VARIANCE PROCESS IN ACCORDANCE WITH THE REQUIREMENTS OF STATE LAW: Director Diekmann reviewed amendments to add a new variance process as required by state law. The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Betcher, seconded by Gartin, to pass on first reading an ordinance regarding a Zoning Text Amendment to Chapter 21 & Chapter 29 of Municipal Code to add a new Area, Dimension, Numerical Standards Variance process in accordance with the requirements of State Law. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Beatty-Hansen, seconded by Betcher, to suspend the rules to allow second and third reading and adoption of an ordinance regarding a Zoning Text Amendment to Chapter 21 & Chapter 29 of Municipal Code to add a new Area, Dimension, Numerical Standards Variance process in accordance with the requirements of State Law. Roll Call Vote: 6-0. Motion declared carried unanimously. 15 8 Moved by Betcher, seconded by Beatty-Hansen, to pass on second reading an ordinance regarding a Zoning Text Amendment to Chapter 21 & Chapter 29 of Municipal Code to add a new Area, Dimension, Numerical Standards Variance process in accordance with the requirements of State Law. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Rollins, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE NO. 4562 regarding a Zoning Text Amendment to Chapter 21 & Chapter 29 of Municipal Code to add a new Area, Dimension, Numerical Standards Variance process in accordance with the requirements of State Law. Roll Call Vote: 6-0. Motion declared carried unanimously. HEARING ON 100% VOLUNTARY REQUEST FOR ANNEXATION OF LAND LOCATED AT 57258 220TH STREET INTO THE CITY OF AMES: Director Diekmann presented a request for voluntary annexation of a 1-acre parcel surrounded by industrial land. Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Gartin, seconded by Junck, to adopt RESOLUTION NO. 25-338 approving voluntary annexation. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. HEARING ON SUBMITTAL OF PROPOSED APPLICATION TO THE STATE OF IOWA ECONOMIC DEVELOPMENT AUTHORITY (IEDA) FOR CDBG-CV GRANT FUNDING: Housing Coordinator Vanessa Baker-Latimer 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 Gartin, to adopt RESOLUTION NO. 25-339 approving submittal of an application for financial support of services related to persons experiencing homelessness. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these minutes. SECOND READING OF ORDINANCE TO COMPLY WITH THE NEW STATE LAW REGARDING CITIZEN REVIEW BOARDS OF POLICE AND REPEAL AMES RESIDENT POLICE ADVISORY COMMITTEE (ARPAC): Moved by Gartin, seconded by Rollins, to pass on second reading an ordinance to comply with the new state law regarding citizen review boards of police and repeal Ames Resident Police Advisory Committee (ARPAC). Roll Call Vote: 6-0. Motion declared carried unanimously. 16 9 THIRD READING AND ADOPTION OF ORDINANCE NO. 4559 RELATING TO ESTABLISHING THE URBAN REVITALIZATION PLAN FOR 329 SOUTHEAST 5TH STREET: Moved by Gartin, seconded by Beatty-Hansen, to pass on third reading and adopt ORDINANCE NO. 4559 relating to establishing the Urban Revitalization Plan for 329 Southeast 5th Street. Roll Call Vote: 6-0. Motion declared carried unanimously. THIRD READING AND ADOPTION OF ORDINANCE NO. 4560 REZONING 113 NORTH DAKOTA FROM RESIDENTIAL LOW DENSITY (RL) TO RESIDENTIAL MEDIUM DENSITY (RM) WITH A PLANNED UNIT DEVELOPMENT OVERLAY (RM PUD): Moved by Beatty-Hansen, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4560 rezoning 113 North Dakota from Residential Low Density (RL) to Residential Medium Density (RM) with a Planned Unit Development Overlay (RM PUD). Roll Call Vote: 5-1, Betcher dissenting. Motion declared carried. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were three items to consider. The first was from Gary Botine, Mary Greeley Medical Center Vice President and CFO, regarding a request for a Text Amendment to S-HM (Hospital-Medical) Zoning District. Moved by Corrieri, seconded by Rollins, to request staff prepare a technical memo regarding the request for the next regular City Council meeting on July 8th. Vote on Motion: 6-0. Motion declared carried unanimously. A request for an Amendment to the Option Agreement for the Purchase of Surplus Land at Harrison Road and Welbeck Drive from Khoa Bui, Manager at Keystone Equity Group, was the second item. Moved by Beatty-Hansen, seconded by Corrieri, to direct the City Attorney’s Office to amend the existing Option Agreement to allow the project to move forward with or without the award of Workforce Housing Tax Credits under the same requirements of the Workforce Housing Tax Credit program. Vote on Motion: 5-1, Betcher dissenting. Motion declared carried. The final item was from Assistant City Manager Goldbeck detailing the FY 2026/27 Analysis of Social Services Evaluation Team (ASSET) Priorities. City Manager Steve Schainker noted that the item was for information only. REPORT OF GOVERNING BODY: The Members of the City Council and Mayor 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. 17 10 Moved by Gartin, seconded by Corrieri, to give the City Attorney discretion as to attending City Council workshops. Vote on Motion: 6-0. Motion declared carried unanimously. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri, to adjourn the meeting at 10:21 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. _________________________________ _________________________________ Carly M. Watson, Deputy City Clerk John A. Haila, Mayor _______________________________ Renee Hall, City Clerk 18 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES CITY COUNCIL AMES, IOWA JUNE 17, 2025 The Ames Special City Council meeting was called to order by Mayor John Haila at 7:41 p.m. on the 17th day of June, 2025, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. City Council Members present were Bronwyn Beatty-Hansen, Amber Corrieri, Tim Gartin, Rachel Junck, and Anita Rollins. Council Members Gloria Betcher joined the meeting electronically. Ex officio Emily Boland was absent. WORKSHOP ON FUTURE ELECTRIC GENERATION: Director of Electric Services Donald Kom, along with Energy Services Coordinator Layne Fober, presented a comprehensive overview of future electric generation plans for the City of Ames. City Council members engaged in ddiscussion with staff. No action was taken. COUNCIL COMMENTS: The Mayor and City Council Members reported on various events attended, upcoming meetings, community events, and items of interest. ADJOURNMENT: Moved by Beatty-Hansen, seconded by Corrieri, to adjourn the meeting at 8:59 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. Renee Hall, City Clerk John A. Haila, Mayor 19 1 SUMMARY OF MINUTES OF THE SPECIAL MEETING OF THE AMES AREA METROPOLITAN PLANNING ORGANIZATION TRANSPORTATION POLICY COMMITTEE AMES, IOWA JUNE 17, 2025 The Special Meeting of the Ames Area Metropolitan Planning Organization (AAMPO) was called to order by Ames Mayor and voting member John Haila at 6:00 p.m. on the 17th day of June 2025, in the City Council Chambers in City Hall, 515 Clark Avenue, pursuant to law. Other voting members present were: Bronwyn Beatty-Hansen, City of Ames; Amber Corrieri, City of Ames; Tim Gartin, City of Ames; Rachel Junck, City of Ame; and Anita Rollins, City of Ames. Gloria Betcher, City of Ames, and Linda Murkin, Story Couty Board of Supervisors, joined the meeting electronically. Ex officio Emily Boland was absent. AMES CONNECT 2050 AND COMPREHENSIVE SAFETY ACTION PLAN WORKSHOP: Transportation Planner Kyle Thompson, along with consultants Jonathan Markt and Jason Carbee provided an overview of the Metropolitan Transportation Plan (MTP) and Comprehensive Safety Action Plan (CSAP). The presenters engaged in conversation with the committee. No action was taken. POLICY COMMITTEE COMMENTS: None. ADJOURNMENT: Moved by Rollins, seconded by Corrieri, to adjourn the meeting at 7:36 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. Renee Hall, City Clerk John A. Haila, Mayor 20 To:Mayor & City Council From:City Clerk's Office Date:July 8, 2025 Subject:Approval of Civil Service Candidates Item No. 4 MEMO Attached are the minutes for the Regular Meetings of the Civil Service Commission held on March 27, April 24 and May 22, 2025, for the City Council's review and consideration. ATTACHMENT(S): Mar 27 2025 Civil Service Minutes.pdf Apr 24 2025 Civil Service Minutes.pdf May 22 2025 Civil Service Minutes.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 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA MARCH 27, 2025 The Regular Meeting of the Ames Civil Service Commission met in regular session in Conference Room 235 of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska, Commission Chair present. Also in attendance was Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF FEBRUARY 27, 2025: Moved by Conley, seconded by Pike, to approve the Minutes of the February 27, 2025, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Assistant Power Plant Manager Jonathon Fleming 81 Jon Jenson 76 Resource Recovery Assistant Superintendent Aaron Wirth 80 Jacob Madsen 79 Brian Heenan 74 Water Plant Operator Keaton Rhinehart 83 Shelby Anderson 82 Mason Jones 78 Joshua Staab 76 Vote on Motion: 2-0. Conley abstained. Motion declared carried. REQUEST TO EXHAUST PROCESS MAINTENANCE WORKER: Moved by Pike, seconded by Linduska, to exhaust Process Maintenance Worker entry level certified list. COMMENTS: The next Regular Meeting will be held in-person on Thursday, April 24, 2025, at 8:15 am in Council Chambers of City Hall. ADJOURNMENT: The meeting adjourned at 8:18 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 22 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA APRIL 24, 2025 The Regular Meeting of the Ames Civil Service Commission met in regular session in Conference Room 235 of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska, Commission Chair present. Also in attendance was Commission Clerk, Vicki Hillock. APPROVAL OF MINUTES OF MARCH 27, 2025: Moved by Conley, seconded by Pike, to approve the Minutes of the March 27, 2025, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Linduska, seconded by Conley, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Building Maintenance Specialist Zach Rankin 80 Bryon Anderson 76 Daniel Hodges 74 Chris Engelhardt 72 Energy Services Coordinator Elian Williams 76 Layne Fober 72 Environmental Engineer I Ashkan Naghdi ** Jacob Solomon 85* Danbi Won 80 Innocent Anosike 74 Shushan Wu 72 Ysabelle Gilseth 70 * Includes preference points ** Indicates carryover from prior certified list Vote on Motion: 3-0. Motion declared carried. CERTIFICATION OF PROMOTIONAL-LEVEL APPLICANTS: Moved by Pike, seconded by Linduska, to certify the following individuals to the Ames City Council as Promotional-Level Applicants: Police Sergeant Dilok Phanchantraurai 84 Bradley Campbell 84* Derek Accola 76* John Barney 72 * Includes preference points Vote on Motion: 3-0. Motion declared carried. REQUEST TO REMOVE NAME AND EXHAUST WATER PLANT OPERATOR LIST: Moved by Conley, seconded by Linduska, to remove name and exhaust Water Plant Operator entry level certified list. COMMENTS: The next Regular Meeting will be held in-person on Thursday, May 22, 2025, at 8:15 am in Council Chambers of City Hall. ADJOURNMENT: The meeting adjourned at 8:24 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 23 MINUTES OF THE REGULAR MEETING OF THE AMES CIVIL SERVICE COMMISSION AMES, IOWA MAY 22, 2025 The Regular Meeting of the Ames Civil Service Commission met in regular session in Council Chambers of City Hall, 515 Clark Avenue, with Commission Members, Harold Pike, Larry Conley, and Kim Linduska, Commission Chair present. Also in attendance Commission Clerk, Vicki Hillock, HR Director, Bethany Ballou, and City Attorney, Mark Lambert. APPROVAL OF MINUTES OF APRL 24, 2025: Moved by Pike, seconded by Conley, to approve the Minutes of the April 24, 2025, Regular Service Commission meeting. Vote on Motion: 3-0. Motion declared carried unanimously. CERTIFICATION OF ENTRY-LEVEL APPLICANTS: Moved by Conley, seconded by Pike, to certify the following individuals to the Ames City Council as Entry-Level Applicants: Assistant Planner Parker Walsh 78 Maintenance Worker – Parks and Recreation Curtis Walker 74 Logan Sansgaard 72 Planner YuanQin Chen 75 Recreation Manager – Adult & Youth Sports and Activities Katie Todd 84 Jeff Lauridsen 84 Grace Dupuy 83 Devin Hatch 81 Aric Reidmann 73 RRP Lead Operator Brian Heenan 84 Michael Clark 83 Jeremy Taylor 82 Thomas Bell 76 WPC Plant Operator Clayton Visek 78 Shelby Anderson 75 James Conn 74 * Includes preference points ** Indicates carryover from prior certified list Vote on Motion: 3-0. Motion declared carried. REQUEST TO REMOVE NAME FROM ENVIRONMENTAL ENGINEER I LIST: Moved by Linduska, seconded by Conley, to remove name from Environmental Engineer I entry level certified list. DISCUSSION OF SF 311 RELATING TO CITY CIVIL SERVICE EMPLOYEES AND RELATED PROCEDURES: City Attorney, Mark Lambert presented to commission members changes to Civil Service by Senate File 311 signed into law by Governor Reynolds on May 19, 2025, with an effective date of August 16, 2025. COMMENTS: The next Regular Meeting will be held in-person on Thursday, June 26, 2025, at 8:15 am in Council Chambers of City Hall. ADJOURNMENT: The meeting adjourned at 8:40 AM. __________________________________ _______________________________________ Kim Linduska, Chairperson Vicki Hillock, Commission Clerk 24 To:Mayor and City Council From:Jeramy Neefus, Principal Clerk Date:July 8, 2025 Subject:New 5-Day (August 19-23, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar Co, 1930 E 13th Street Item No. 5 MEMO Please see the attached documentation for a new 5-Day (August 19-23, 2025) Special Class C Retail Alcohol License with Outdoor Service - Apres Bar Co, 1930 E 13th Street. ATTACHMENT(S): Apres Bar Co - 5 Day 0819-0823.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 25 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 1460 Northeast 69th Place CITY Ankeny STATE Iowa ZIP 50021 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 Pending Dramshop Review TENTATIVE EFFECTIVE DATE Aug 19, 2025 TENTATIVE EXPIRATION DATE Aug 23, 2025 LAST DAY OF BUSINESS SUB-PERMITS Special Class C Retail Alcohol License 26 Page 2 of 2 PRIVILEGES Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership Individual Owners NAME CITY STATE ZIP POSITION % OF OWNERSHIP U.S. CITIZEN Jillian Harrington Ankeny Iowa 50021 Owner 100.00 Yes Insurance Company Information INSURANCE COMPANY Illinois Casualty Co 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 27 To:Mayor and City Council From:Jeramy Neefus, Principal Clerk Date:July 8, 2025 Subject:Premises Update for Class E Retail Alcohol License - Kum & Go #0217, 3111 South Duff Avenue Item No. 6 MEMO Please see the attached documentation for a Premises Update for Class E Retail Alcohol License - Kum & Go #0217, 3111 South Duff Avenue. ATTACHMENT(S): Kum & Go #0217 Premise Update.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 28 Page 1 of 2 Applicant NAME OF LEGAL ENTITY Kum & Go, L.C. NAME OF BUSINESS(DBA) Kum & Go #0217 BUSINESS (515) 274-7793 ADDRESS OF PREMISES 3111 South Duff Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS 1150 Locust St. CITY Des Moines STATE Iowa ZIP 50309 Contact Person NAME Jody Deiter PHONE (515) 274-7793 EMAIL licensing@maverik.com License Information LICENSE NUMBER LE0003353 LICENSE/PERMIT TYPE Class E Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority TENTATIVE EFFECTIVE DATE Oct 9, 2024 TENTATIVE EXPIRATION DATE Oct 8, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class E Retail Alcohol License PRIVILEGES 29 Page 2 of 2 Status of Business BUSINESS TYPE Limited Partnership Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE OUTDOOR SERVICE EXPIRATION DATE BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 30 To:Mayor and City Council From:Jeramy Neefus, Principal Clerk Date:July 8, 2025 Subject:Temporary Outdoor Service for Class C Liquor License with Outdoor Service - Sips and Paddys, 126 Welch Avenue Item No. 7 MEMO Please see the attached documentation for a motion approving Temporary Outdoor Service for Class C Liquor License with Outdoor Service - Sips and Paddys, 126 Welch Avenue for August 28 - September 1, 2025, and September 4 - September 7, 2025. ATTACHMENT(S): Sips and Paddys - Outdoor Service.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 31 Page 1 of 2 Applicant NAME OF LEGAL ENTITY THE SCENE, LLC NAME OF BUSINESS(DBA) SIPS AND PADDY'S IRISH PUB BUSINESS (515) 231-8388 ADDRESS OF PREMISES 126 Welch Ave PREMISES SUITE/APT NUMBER CITY Ames COUNTY story ZIP 50014 MAILING ADDRESS 126 Welch Ave CITY Ames STATE Iowa ZIP 50014 Contact Person NAME ANDREW WHITE PHONE (515) 231-8388 EMAIL whitecor2@gmail.com License Information LICENSE NUMBER LC0047689 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Submitted to Local Authority TENTATIVE EFFECTIVE DATE Oct 30, 2024 TENTATIVE EXPIRATION DATE Oct 29, 2025 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License 32 Page 2 of 2 PRIVILEGES Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY Founders Insurance Company POLICY EFFECTIVE DATE Aug 28, 2025 POLICY EXPIRATION DATE Sep 1, 2025 DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE Aug 28, 2025 OUTDOOR SERVICE EXPIRATION DATE Sep 1, 2025 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 33 To:Mayor and City Council From:Jeramy Neefus, Principal Clerk Date:July 8, 2025 Subject:Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Torrent Brewing Company, LLC, 504 Burnett Avenue, Midnight Madness Item No. 8 MEMO Please see the attached documentation for a motion approving Temporary Outdoor Service for Class C Retail Alcohol License with Outdoor Service - Torrent Brewing Company, LLC, 504 Burnett Avenue, Midnight Madness. ATTACHMENT(S): Torrent Outdoor Service.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 34 Page 1 of 2 Applicant NAME OF LEGAL ENTITY TORRENT BREWING COMPANY LLC NAME OF BUSINESS(DBA) Torrent Brewing Company LLC BUSINESS (515) 233-3155 ADDRESS OF PREMISES 504 Burnett Avenue PREMISES SUITE/APT NUMBER CITY Ames COUNTY Story ZIP 50010 MAILING ADDRESS PO Box 1975 CITY Ames STATE Iowa ZIP 50010 Contact Person NAME Andy McCormick PHONE (515) 233-3155 EMAIL info@torrentbrewingco.com License Information LICENSE NUMBER LC0049218 LICENSE/PERMIT TYPE Class C Retail Alcohol License TERM 12 Month STATUS Pending Dramshop Review TENTATIVE EFFECTIVE DATE Jan 29, 2025 TENTATIVE EXPIRATION DATE Jan 28, 2026 LAST DAY OF BUSINESS SUB-PERMITS Class C Retail Alcohol License 35 Page 2 of 2 PRIVILEGES Living Quarters, Outdoor Service Status of Business BUSINESS TYPE Limited Liability Company Ownership No Ownership information found Insurance Company Information INSURANCE COMPANY Illinois Casualty Co POLICY EFFECTIVE DATE POLICY EXPIRATION DATE DRAM CANCEL DATE OUTDOOR SERVICE EFFECTIVE DATE July 18, 2025 OUTDOOR SERVICE EXPIRATION DATE July 18, 2025 BOND EFFECTIVE DATE TEMP TRANSFER EFFECTIVE DATE TEMP TRANSFER EXPIRATION DATE 36 To:Mayor John Haila and Ames City Council Members From:Lieutenant Tom Shelton, Ames Police Department Date:July 1, 2025 Subject:Beer Permits & Liquor License Renewal Item No. 9 MEMO The following licenses are eligible for renewal: a. Applebee's Neighborhood Grill & Bar, 105 Chestnut, Class C Retail Alcohol License b. Sportsman's Lounge, 123 Main Street, Class C Retail Alcohol License with Living Quarters c. AJ's Liquor II, 2515 Chamberlain Street, Class E Retail Alcohol License d. Huhot Mongolian Grill, 703 S. Duff Ave. Suite #105, Special Class C Retail Alcohol License e. Rinconcito Hispano Tienda y Taqueria, 823 Wheeler Street Suite #1, Class C Retail Alcohol License f. Northcrest Inc, 1801 20th Street, Special Class C Retail Alcohol License with Outdoor Service A review of police records for the past 12 months found no liquor law violations for the above locations. The Ames Police Department recommends the license renewal for the above businesses. 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 37 ITEM #:10 DATE:07-08-25 DEPT:PW SUBJECT:2025/26 COLLECTOR STREET PAVEMENT IMPROVEMENTS (BLOOMINGTON ROAD) COUNCIL ACTION FORM BACKGROUND: The Collector Street Pavement Improvements is an annual program for reconstruction or rehabilitation of collector streets in the Capital Improvement Plan (CIP). The FY 2025/26 project location is Bloomington Road from George Washington Carver Avenue to 500 feet west of Eisenhower Avenue. This project will include the mill and overlay of the existing asphalt surface of Bloomington Road, pedestrian ramp updates at the intersection of Bloomington Road and Stange Road, and the replacement of the shared-use path on the south side of the project. Staff initiated a Request for Proposals (RFP) process for professional services for the design and development of plans and specifications for the project. Proposals for this work were received from 11 engineering firms on May 28, 2025. The proposals were evaluated on their qualifications according to the following criteria: Project Understanding, Project Approach, Design Team/Key Personnel, and Previous Experience. The evaluation scores are as follows: Firm Qualifications Score Qualifications Rank Stanley Consultants 92.3 1 McClure 92.1 2 MSA 91.5 3 Kirk Micheal 91.3 4 I&S Group, Inc 86.9 5 WHKS & Co 86.1 6 Snyder & Associates 85.9 7 Olsson 85.1 8 Felsburg Holt & Ullevig 84.4 9 (SEH) Engineering 81.8 10 Civil Design Advantage 77.0 11 Stanley Consultants of Des Moines, Iowa scored highest based on qualifications. Staff has reviewed Stanley Consultants' proposed fee of $72,000 and believes it provides the greatest value for the project and cost aligns with the proposed the scope of work. A summary of revenues and projected expenses for the project is shown below: 38 Funding Source Revenue Expenses GO Bonds $ 500,000 AAMPO STGB Funds $ 700,000 Construction (Est) $1,000,000 Engineering $ 72,000 Administration $ 128,000 TOTAL $1,200,000 $1,200,000 ALTERNATIVES: 1. Approve the professional services agreement for the 2025/26 Collector Street Pavement Improvements (Bloomington Road) project with Stanley Consultants of Des Moines, Iowa, in an amount not to exceed $72,000. 2. Direct staff to negotiate an engineering agreement with another consulting firm. CITY MANAGER'S RECOMMENDED ACTION: Based on staff’s evaluation using the above criteria, Stanley Consultants will provide the best value to the City for professional services for the 2025/26 Collector Street Pavement Improvements (Bloomington Road). Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 2024-25 Collector St Bloomington Rd Location Map.pdf 39 40 ITEM #:11 DATE:07-08-25 DEPT:PW SUBJECT:PROFESSIONAL SERVICES AGREEMENT FOR DUFF AVENUE CORRIDOR STUDY COUNCIL ACTION FORM BACKGROUND: North Duff Avenue serves as a key north-south arterial corridor in through Ames, providing direct access to downtown, Mary Greeley Medical Center, and multiple neighborhoods. While it functions as a major urban roadway with high traffic volumes and regional connectivity, it is also lined with residential homes and is situated within historic and established neighborhoods. This dual identity presents unique challenges related to traffic operations, pedestrian and bicycle safety and accessibility, and neighborhood livability. Over the years, concerns have grown around traffic congestion, vehicle speeds, and multimodal access, prompting the need for a more focused planning effort. The primary objective of the Duff Avenue Corridor Study is to assess existing and future conditions and establish a long-term vision for the corridor. The study will examine Duff Avenue from the railroad crossing south of Main Street to the 16th Street intersection (approximately one mile in length, see map in Attachment A). While the study will incorporate analyses and recommendations from existing regional transportation plans such as Walk Bike Roll Ames and Ames Connect 2050, it will provide a more detailed, corridor-specific analysis to better inform future roadway and multi-modal improvement projects. $80,000 in AAMPO planning funds was programmed in the FY 2026 Transportation Planning Work Program (TPWP). This requires a local match of $20,000. The City of Ames Regional Transportation Counts Capital Improvements Program (CIP) has an available balance of $58,706 in Road Use Tax Funds that can be utilized for the $20,000 local match. CONSULTANT SELECTION: Consistent with federal and state procurement regulations governing the use of federal planning funds, a Request for Proposals (RFP) was issued on April 7, 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 City of Ames and AAMPO staff using the following weighted criteria: RFP Scoring Criteria:Points Project Understanding & Approach:45 41 Project Team & Key Personnel:20 Previous Experience:20 Understanding of Study Area/Ames:10 Ability to Perform Work:5 Proposals were due on May 1, 2025, and thirteen responses were received. The scores, using the aforementioned criteria, were as follows: Rank Lead Firm Score 1 Foth 94 2 HDR 93 3 Strand Associates 91 4 Felsburg Holt & Ullevig 90 5 WHKS 88 6 Bolton & Menk 86 7 Stanley Consultants 85 8 Snyder & Associates 84 T9 Shive-Hattery 83 T9 HR Green 83 11 Nilles Associates 79 T12 JEO Consulting Group 73 T12 MSA 73 Given the above rankings, staff negotiated a professional services agreement (see Attachment B) with the highest ranked firm, Foth Infrastructure & Environment, LLC, of Cedar Rapids, Iowa in an amount not to exceed $100,000. PROJECT SCOPE & SCHEDULE: The key tasks within the consultant's scope of services (fully described in Exhibit A of the professional services agreement) include: Traffic operations analysis using current and forecasted traffic volumes, with modeling for 2025, 2035, and 2050 scenarios Traffic safety analysis using crash data and nationally recognized methodologies to identify patterns and potential countermeasures Speed study using data collected from portable radar units Multimodal review including pedestrian, bicycle, and transit access and safety Public and stakeholder engagement support, including one-on-one meetings with Downtown Ames, the adjacent neighborhood associations, and Mary Greeley Medical Center; an in-person public open house; and an online public input tool 42 Conceptual corridor design with planning-level cost estimates , including typical roadway cross-sections, multimodal improvements, intersection enhancements, and a recommended implementation timeline Railroad crossing impact evaluation assessing train-related effects on traffic operations, including delay, queuing, capacity, and emissions Preparation of a final study report and presentation of findings and recommendations to the Ames City Council for acceptance The study is scheduled to begin in July 2025 and conclude by June 2026. ALTERNATIVES: 1. Approve the professional services agreement with Foth Infrastructure & Environment, LLC, of Cedar Rapids, IA, for the Duff Avenue Corridor Study in an amount not to exceed $100,000. 2. Direct staff to negotiate an agreement with another firm. CITY MANAGER'S RECOMMENDED ACTION: Based on staff's evaluation of proposals, Foth Infrastructure & Environment, LLC, is the most qualified firm to conduct the Duff Avenue Corridor Study. Therefore, it is the recommendation of the City Manager that City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): Attachment A - Study Area Map.pdf Attachment B - Duff Study PSA.pdf 43 Duff Avenue Corridor Study Area LEGEND Study Corridor Focus Intersection Main St 6th St 9th St 11th St 13th St 16th St Mary Greeley Medical Center Bandshell Park E 12th St Study includes analysis of potential pedestrian crossing improvements at Duff Ave and E 12th St. Study includes evaluation of impacts from the at-grade railroad crossing. 44 Page 1 of 15 Rev. 04/24/2025 AGREEMENT FOR SERVICES Project Title (the “Project”): Duff Avenue Study (Main Street to 16th Street) FOTH Project Number: 25A017.00 CLIENT Project Number: (If applicable) This Agreement for Services (hereinafter “Agreement”) is made and entered into this 8th day of July, 2025, by and between FOTH INFRASTRUCTURE & ENVIRONMENT, LLC, (hereinafter “Consultant”) and City of Ames, (hereinafter “Client”), for the services described under the Scope of Services (the “Services”). CLIENT: City of Ames Address: 515 Clark Avenue, Ames, Iowa 50010 Phone No: 515-239-5160 Email Address: kyle.thompson@cityofames.org Scope of Services: Client hereby agrees to retain Consultant to perform the following Services: See Exhibit A Schedule: Services shall be performed according to the following schedule: See Exhibit B Compensation: In consideration of these Services, the Client agrees to pay Consultant compensation as follows: Lump-Sum in the amount of $ .00 Unit Cost/Time Charges (Standard Rates) Unit Cost/Time Charges (Standard Rates) for an estimated cost of $ 100,000.00 Other as stated here: Special Conditions (if any): The attached Agreement for Services Standard Terms and Conditions , along with any Exhibits, is made a part hereof and incorporated into this Agreement. IN WITNESS WHEREOF, this Agreement is accepted on the date last written below, subject to the terms and conditions above stated and the provisions set forth herein. CLIENT CONSULTANT Signed: Signed: Name (printed): John Haila Name (printed): Carrie Voskuil Title: Mayor Title: Senior Contracts Manager Date: Date: July 8, 2025 Signed: Name (printed): John B. Witt Title: Lead Traffic Engineer Date: July 8, 2025 45 Page 2 of 15 Rev. 04/24/2025 AGREEMENT FOR SERVICES STANDARD TERMS AND CONDITIONS 1.0 Commencement of Services - The Services will commence consistent with the schedule referenced herein or as otherwise agreed to by the parties, upon receipt of this signed Agreement. If after commencement of the Services, the Project is delayed for any reason beyond the control of Consultant for more than sixty (60) days, the terms and conditions contained herein are subject to revision by Consultant. 1.1 Standard of Care - The standard of care for any professional Services performed or furnished by Consultant under this Agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locality. Consultant makes no other warranties, express or implied, under this Agreement or otherwise, in connection with any Services performed or furnished by Consultant. Subject to the standard of care, Consultant and its sub-consultants may use and rely upon data, reports, design elements and information ordinarily or customarily furnished by others, including, but not limited to Client, Client’s other contractors or consultants, specialty contractors, manufacturers, suppliers, and the publishers of technical standards. Consultant shall not be required to sign any document, no matter by whom requested, that would result in the Consultant having to certify, guarantee, or warrant the existence of conditions whose existence the Consultant cannot ascertain. 2.0 Client Responsibilities - Client shall provide, at Client’s expense, all criteria, design, and construction standards including full information as to Client’s requirements for the Project, including all document specifications. The provision or production of such data or information is not included in the Services, except where explicitly referenced in the Scope of Services. As stated in Section 1.1, Consultant shall be entitled to rely upon such data and information in the performance of the Services and shall not be liable for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client, Client’s agents or Clients other consultants. Such data and information shall include but not be limited to the following: a. If not included in the Scope of Services, a complete survey of the Project site which shall include but not be limited to easements, right-of-way, encroachments, zoning and deed restrictions, subterranean structures or utilities, existing buildings and improvements. b. If not included in the Scope of Services, soils data, laboratory tests, reports and inspections of samples, materials or other items, with appropriate professional interpretations. c. Legal counseling services necessary for the Project including legal review of the construction contract documents. d. Accounting, bond and financial advisory (including, if applicable, “municipal advisor” services as described in Section 975 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (2010) and the municipal advisor registration rules issued by the Securities and Exchange Commission), independent cost estimating, and insurance counseling services. e. If not included in the Scope of Services, permits and approvals from any authorities having jurisdiction over the Project. 2.1 Right of Entry - Client shall provide for entry for the employees, agents and subcontractors of Consultant and for all necessary equipment. 2.2 Client Authorized Representative - Client shall designate a person authorized to act as Client’s representative. Client or his representative shall receive and examine documents submitted by Consultant and shall be empowered to interpret and define Client’s policies and render decisions and authorizations in writing promptly to prevent unreasonable delay in the progress of Consultant’s Services. Client shall give prompt written notice to Consultant whenever Client observes or otherwise becomes aware of any defect in the Project, Services or other event which may substantially affect Consultant’s performance of Services under this Agreement. 3.0 Fees and Payment 3.1 Invoice Payment Due - Client shall compensate Consultant for Services and expenses rendered under this Agreement. Consultant’s fee for Services will be based on Consultant’s rates currently in effect at the time the Services are done; lump sum or other schedules as identified under the Compensation section. Rates of Consultant are subject to annual revision. Payment shall be due within thirty (30) days after the date of invoice describing the Services performed and expenses incurred during the preceding invoice period. 46 Page 3 of 15 Rev. 03/31/2021 3.2 Failure to Pay. Client agrees that timely payment is a material term of this Agreement and that failure to make timely payment as agreed constitutes a breach hereof. In the event payment for Services rendered has not been made within thirty (30) days from the date of invoice, Consultant may, after giving seven (7) days’ written notice to Client and without penalty or liability of any nature, and without waiving any claim against Client, suspend all work on all Services as set forth herein. Upon receipt of payment in full for Services rendered, plus interest charges, Consultant will continue with Services. Payment of all compensation due Consultant pursuant to this Agreement shall be a condition precedent to Client using any of Consultant’s work product and/or deliverables under this Agreement. 3.3 Interest on Late Payments - In order to defray carrying charges resulting from delayed payments, simple interest at the maximum rate allowed by law will be added to the unpaid balance of each invoice. The interest period shall commence thirty (30) days after the date of the original invoice and shall terminate upon date of payment. Payments will be first credited to interest and then to principal. 4.0 Insurance/Limitation of Consultant’s Liability - Consultant will maintain the following insurance coverages: a. Worker's compensation insurance pursuant to state law. b. Comprehensive automobile and vehicle liability insurance covering claims for injuries to members of the public and/or damages to property of others arising from use of motor vehicles, including onsite and offsite operations, and owned, non-owned, or hired vehicles, with $1,000,000 combined single limits. c. Commercial general liability insurance covering claims for injuries to members of the public or damage to property of others arising out of any covered negligent act or omission of Consultant or of any of its employees, agents, or subcontractors, with $1,000,000 per occurrence and $2,000,000 in the aggregate. d. Professional liability insurance, if applicable, of $1,000,000 per claim and in the aggregate. 4.1 Liability Limits - Notwithstanding any provision in this Agreement to the contrary, Client and Consultant each agree not to assert against the other any claim, demand or suit for consequential, incidental, indirect or special damages arising from any aspect of the performance or nonperformance of the other party or any third -party engaged by such other party under this Agreement, and each party hereto waives any such claim, demand or suit against the other in connection with this Agreement. Notwithstanding any language to the contrary, the total aggregate liability of Consultant, its employees, officers, directors, shareholders, agents, or sub-consultants, to all parties related to this agreement shall not exceed $1,000,000. 4.2 Waiver of Subrogation - Both parties hereby waive, and shall cause their respective insurers to waive, all rights of subrogation against the other party, their employees, officers, directors, shareholders, agents, or sub -consultants for damages caused by risks covered by insurance, except such rights as they may have to the proceeds of the insurance. 5.0 Indemnification - Consultant, to the fullest extent permitted by law, shall indemnify and hold harmless Client and any of Client officers, directors, employees and agents from and against claims, losses, damages, liabilities, including attorney’s fees and expenses, for third-party claims of bodily injury, sickness or death, and property damage or destruction to the extent caused by the negligent acts or omissions of Consultant or Consultant’s separate contractors or anyone for whose acts any of them may be liable, but only to the extent of the negligence. Nothing in this Section shall obligate Consultant to indemnify any individual or entity from and against the consequences of that individual’s or entity’s own negligence or willful misconduct. Notwithstanding the forgoing, Consultant has no obligation to defend or pay indemnitee defense costs incurred prior to a final determination of liability or to pay any amount that exceeds the proportionate share of Consultant’s finally determined percentage of liability as determined by a court of competent jurisdiction. 6.0 Hazardous Materials – Not Used. 7.0 Design Without Construction Phase Services – Not Used. 8.0 Documents- Ownership of Work Product and Proprietary Information - The deliverables prepared under this Agreement shall become the property of the Client only upon completion of the Services and payment in full of all monies due to Consultant. In the event Client reuses or makes any modifications to the deliverables without prior 47 Page 4 of 15 Rev. 03/31/2021 written authorization of Consultant, the Client agrees, to the fullest extent permitted by law, to indemnify and hold Consultant, its consultants, agents, officers, directors, shareholders and employees harmless from any claim, liability or cost (including reasonable attorneys’ fees and defense costs) arising or allegedly arising out of any unauthorized reuse or modifications of Consultant’s Services, work product, and/or deliverables by the Client or any person or entity that acquires or obtains the such work product and/or deliverables from or through the Client without the written authorization of Consultant. Notwithstanding the foregoing Consultant’s liability to Client for any computer programs, software products, or related data furnished hereunder is limited solely to the correction of residual errors, minor maintenance, or update(s) as agreed. CONSULTANT MAKES NO WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR OF FITNESS FOR ANY PARTICULAR PURPOSE, or against infringement, with respect to computer programs, software products, related data, technical information, or technical assistance provided by Consultant under this agreement. The Consultant will take reasonable precautions to prevent the transmission of any electronic virus, or other contamination with the exchange of electronic media, but Consultant makes no assurances that those precautions are adequate to assure a contamination free transmission. Consultant retains title and interest in all of its standard details, plans, specifications, methodologies, tools, and computation documents, whether in written or electronic form, which have been incorporated into the documents and instruments of service, but which were developed by Consultant independent of this Agreement. 9.0 Injury to Workers on Project Consultant has no responsibility for site safety on the Project or for the means and methods employed by Client’s other contractor(s). 10.0 Probable Construction Costs Opinions - Any opinion of the construction cost prepared by Consultant represents his judgment and is supplied for the general guidance of the Client. Since Consultant has no control over the cost of labor and material, or over competitive bidding or market conditions, Consultant does not guarantee that bids or actual construction costs to the Client will not vary from Consultant's opinions of probable cost. If the Client desires greater assurance as to construction costs, Client shall employ an independent cost estimator. 11.0 Site Visits – Not Used. 12.0 On-Site Observation – Not Used. 13.0 Termination or Abandonment - If any portion of the Services or Project is terminated or abandoned by Client, the provisions of these Terms and Conditions in regard to compensation and payment shall apply insofar as possible to that portion of the work not terminated or abandoned. If said termination occurs prior to completion of any phase of the Project, the fee for Services performed during such phase shall be based on Consultant’s reasonable estimate of the portion of such phase completed prior to s aid termination, plus a reasonable amount to reimburse Consultant for termination costs. This Agreement may be terminated by either party if the other party fails to fulfill its obligations under this Agreement through no fault of the terminating party. No such termination may be effected unless the other party is given not less than ten calendar days written notice of intent to terminate and an opportunity for correcting the default (plus such additional time as is reasonably necessary to correct the default, other than any payment default) and for consultation with the terminating party befo re termination. Consultant shall be paid for Services performed to the termination date including reimbursable expenses due plus termination expenses. 14.0 Jurisdiction - This Agreement shall be governed by the laws of the State of the Project. 15.0 Dispute Resolution - The parties will use good faith efforts to resolve any dispute, controversy or claim arising out of or relating to this Agreement or the relationship between the parties (a “Dispute”) through negotiation. To invoke the dispute resolution procedures in this section, one party must give the other party a written notice of its intent to negotiate. The notice will include a detailed description of the Dispute and a proposed resolution. Within five (5) business days after delivery of the notice, each party will designate a senior executive with authority to resolve the Dispute. The designated executives will engage in discussions in an effort to resolve the Dispute. If the designated executives do not agree on a resolution within twenty (20) days after the disput e notice has been delivered, the parties may agree to submit the Dispute to non- binding mediation by any mutually agreed-upon mediator, rules and location. Any mediation fees and expenses will be allocated and paid by the parties equally. If the parties do not reach a resolution through negotiation or mediation, either party may pursue all remedies 48 Page 5 of 15 Rev. 03/31/2021 available under this Agreement, at law or in equity in a court of competent jurisdiction. Each party hereby irrevocably waives its rights to trial by jury in any Dispute or proceeding arising out of this agreement or the transactions relating to its subject matter. 16.0 Waiver - Consultant’s waiver of any term, condition, or covenant or breach of any term, condition, or covenant, shall not constitute a waiver of any other term, condition, or covenant, or the breach thereof. 17.0 Successors and Assigns - All of the terms, conditions, and provisions hereof shall inure to the benefit of and be binding upon the parties hereto, and their respective successors and assigns, provided, however, that no assignment of this Agreement shall be made without written consent of the parties to this Agreement. 18.0 Severability - If any provision of this Agreement is declared invalid, illegal, or incapable of being enforced by any Court of competent jurisdiction, all of the remaining provisions of this Agreement shall nevertheless continue in full force and effect, and no provision shall be deemed dependent upon any other provision unless so expressed herein. 19.0 Force Majeure - Neither party to this Agreement will be liable to the other party for delays in performing the Services, or for the direct or indirect cost resulting from such delays, that may result from a Force Majeure condition. Each party will take reasonable steps to mitigate the impact of any force majeure. If Consultant is delayed in the performance of the Work due to acts, omissions, conditions, events, or circumstances beyond its control and due to no fault of its own or those for whom Consultant is responsible, the Contract Time(s) for performance as well as the Contract Price shall be reasonably extended by Change Order. By way of example, events that will entitle Consultant to an extension of the Contract Time(s) include acts or omissions of Client or anyone under Client’s control (including separate contractors), changes in the Work, Differing Site Conditions, Hazardous Conditions, wars, floods, labor disputes, unusual delay in transportation, epidemics, earthquakes, adverse weather conditions not reasonably anticipated, and other acts of God (Force Majeure Condition). For clarity purposes, labor shortages or supply chain disruptions resultant from epidemic or pandemic events are specifically to be considered grounds constituting a Force Majeure Condition. Labor shortages and inefficiencies, delays, escalation, or cost impacts resulting from labor shortages or supply chain disruptions associated with such an event shall be considered grounds for a Force Majeure Condition event and shall afford Consultant the opportunity for schedule and cost relief associated with such an event. 20.0 Customs, Duties, Tariffs – Consultant’s prices herein do not include customs, duties, tariffs and other importation or exportation fees. In the event that, after the date of Consultant’s proposal and related pricing: a. any new tariffs, duties, or other import/export fees or governmental charges (“Tariffs”), or modifications of existing Tariffs are imposed on materials or goods; b. any changes in applicable laws impact the price and/or availability of labor, materials, or goods; or c. any occurrence(s) of regional labor escalations or shortages (that could not be reasonably foreseen) that result from changes to (or changes in the enforcement of) applicable laws, that are required for the performance of this contract, Consultant shall pass through any additional costs/changes to Client. Consultant will provide reasonable notice to Client of the imposition of such Tariffs and/or the impact of such changes, including notice of any cost impacts at the time of levy, any schedule adjustments or impacts (price included) to the overall project sequencing, and, if available, potential substitution s/alternatives. As its sole remedy, Consultant can reject the cost/changes proposed by Consultant and terminate the associated Work Order or scope of work. Such partial termination shall include payment to Consultant for any costs associated with rejection of the costs/changes (including but not limited to cancellation of third -party contracts/orders). Client maintains full responsibility, and Consultant assumes no liability, (direct or indirect) resulting from any delay in the Client providing Client its decision(s) on acceptance and/or rejection of the offer provided to Client as communicated from Consultant. 21.0 Entire Agreement - This Agreement, and its attachments, constitutes the entire understanding between Client and Consultant relating to Services to be provided by Consultant and, excepting only confidentiality agreements between the parties pertaining to the Project, supersede any prior or contemporaneous agreements, promises, negotiations, or representations not expressly set forth herein. Subsequent modifications or amendm ents to this Agreement must be in writing and signed by the parties to this Agreement. The foregoing notwithstanding, if the 49 Page 6 of 15 Rev. 03/31/2021 Client, its officers, agents, or employees request Consultant to perform extra work or Services pursuant to this Agreement, Client will pay for the additional Services even though an additional written Agreement is not issued or signed. The obligations of Consultant under this Agreement shall survive in accordance with applicable State statutes. 50 Page 7 of 15 Exhibit A Scope of Services The work to be performed by the Consultant under this agreement shall encompass and include detailed work, services, materials, equipment and supplies necessary to complete analysis and design for the project. The Consultant shall complete the scope of services in accordance with generally accepted standards of practice and shall include all work necessary to complete the tasks outlined in this Agreement. Project Background The project consists of a traffic study and conceptual design of Duff Avenue from the railroad crossing south of Main Street to just north of 16th Street, approximately one mile. The Consultant will complete a traffic study that includes traffic model development, traffic forecasting, capacity and operational analyses, safety analysis, multimodal review, railroad crossing impact review, and recommended improvements. The Consultant will assist with public outreach by providing a web-based tool for gathering public input; conducting project input meetings with the Downtown District, Old Town Historic District, and the Hospital District; and providing support for a public open house. Based on the results of the study, Client input, and public input, the Consultant will develop a conceptual layout for the corridor of the preferred alternative along with a planning level cost estimate of the improvements. Finally, the results of the study and preferred alternative will be presented to City Council. Services include project coordination activities, traffic engineering services, and conceptual roadway design, as further detailed within this scope of services. Preliminary design, final design services, bidding services, and construction services are not included within this agreement, but may be added via addendum or additional agreements between the Client and Consultant. Completion of this traffic study and conceptual design (this agreement) is scheduled for June of 2026. I. BASIC SERVICES OF THE CONSULTANT The Consultant shall communicate on a regular basis with the Client to clarify and define the Client’s requirements for the Project and review available data. The Client agrees to furnish to the Consultant all information available with respect to the Client’s requirements, including any special or extraordinary considerations for the Project or special services needed, and to make available pertinent existing data. The Consultant shall provide the following basic services regarding the Project. A. Project Management (approximately one year, July 2025 – June 2026) The project manager for the Consultant will be responsible for communicating and coordinating with the Client, monthly progress reporting, meeting minutes, interoffice meetings, memoranda, budget monitoring, schedule monitoring, and monthly invoicing. This task also includes scheduling of staff, coordinating with Sub-Consultants, review of progress, and senior review of deliverables. B. Project Coordination The Consultant will complete the following project coordination tasks. 1. Design Development Coordination Maintain communications with the Client to review progress and discuss specific elements of the traffic study and conceptual design and receive direction from the Client. The meetings will also serve to establish schedules, develop project goals, establish initial design parameters, promote a dialog between the various entities, improve the decision - making process, and expedite study completion and conceptual design development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, the Consultant will attend three (3) meetings that will be attended by one (1) staff member of the Consultant. An in-person meeting is planned for the Project Kickoff with the other meetings being virtual. 51 Page 8 of 15 The following meetings are included with the scope of work: • Design Criteria/Project Kickoff – One (1) meeting • Traffic Study Results/Concept Development – One (1) meeting • Preferred Alternative – One (1) meeting There is one (1) additional meeting included for miscellaneous purposes, and it is understood by the parties that the Consultant will attend additional meetings as needed to complete the Project. The Consultant will also maintain communications with the Client with scheduled virtual meetings. 2. Public Input Tool Provide a web-based tool hosted by the Consultant for gathering public input about the corridor. The input will be used in conjunction with the traffic study results and Client input to develop the preferred conceptual layout for the corridor. 3. Project Stakeholder Meetings Conduct separate stakeholder meetings (1 per stakeholder) with the Downtown District, Old Town Historic District, and Hospital District that will be attended by two (2) staff members of the Consultant. The purpose of the meetings will be to provide a brief overview of the traffic study results earlier in the process but having an idea of the preferred alternative , as well as gather information on the concerns, priorities, and specific issues of the stakeholders. This task includes preparation of the display materials and handout information for the meeting. 4. Support for Public Open House Provide Client support for one (1) project information meeting that will be attended by two (2) staff members of the Consultant. Meeting format will be a collaborative public open house with the Client. The purpose of the meeting will be to provide a brief overview of the traffic study results and recommended alternative to the public, as well as gather information on the concerns, priorities, and specific issues of the public and other affected parties. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and the mailing of a public notification will be completed by the Client. 5. Meetings with Local Elected Officials Conduct one (1) project information meeting that will be attended by two (2) staff members of the Consultant. The purpose of the meeting will be to provide a brief overview of the traffic study results and proposed conceptual design to the Mayor and City Council, as well as gather information on the concerns, priorities, and specific issues of the Mayor and City Council. This task includes preparation of the display materials and handout information for the meeting. Reserving the meeting facility and placement on the Council Agenda will be completed by the Client. C. Traffic Engineering Services The following tasks are based on information in the proposal and discussions with the Client. Consultant tasks include traffic model development, traffic forecasting, capacity and operational analyses, roundabout analysis, safety review, railroad crossing analysis, multimodal review, and recommended improvements. 1. Traffic Data Collection Most traffic data is available through the City, MPO, and Iowa DOT. The Consultant will collect and organize the data for utilization in the analysis. The Consultant will identify and 52 Page 9 of 15 collect any remaining data needed to complete the traffic analysis of the corridor. The following Client data is available or can be collected by the Client: • Continuous turning movement count data at the five traffic signals in the corridor • Pedestrian push button actuations at the five traffic signals in the corridor • StreetLight and Strava Metro data • ADT counts and truck percentage • Speed data • Turning movement counts at the Duff Avenue and 16th Street all-way stop • Railroad crossing pre-emption data • Railroad queueing data Additional data available through other sources includes: • Iowa DOT ADT data • CyRide bus stop and ridership data • MPO travel demand model data 2. Traffic Review Meetings The traffic review meetings with the Client will serve to establish schedules, promote a dialog with the Client and other designated parties, improve the decision-making process, and expedite recommendation development. Prepare minutes of meetings and keep documentation of other communications. For budget purposes, it is assumed three (3) meetings will be held remotely by one (1) staff member of the Consultant. 3. Traffic Safety Analysis The safety analysis shall review crash data in the corridor over the last five years from the Iowa DOT ICAT program, identifying crash patterns and causes. We will utilize methodologies from the Highway Safety Manual and the Iowa DOT’s Potential for Crash Reduction (PCR) to identify potential causal factors and possible countermeasures. Our team will review the 28 countermeasures and strategies of FHWA’s Proven Safety Countermeasures Initiative (PSCI) that have proven effective at reducing roadway fatalities and serious injuries. Lastly, traffic signage, pavement markings, and vehicular and pedestrian traffic control will be reviewed. 4. Speed Study The appropriate speed limit for the corridor will be determined using the methodologies in NCHRP 17-76, FHWA USLIMITS2, and ITE Journal article A Model for Setting Credible Speed Limits in Urban Areas. Eighty-fifth percentile speeds will be determined from data collected by Client portable radar units. If needed, speed control measures will be explored. 5. Traffic Model Development & Analysis The traffic model development and analysis shall incorporate, at a minimum, traffic engineering principles and standards as presented in SUDAS, Client standards, and national practices. While preparing the traffic model and analysis, the development of traffic forecasts will follow the forecasting parameters agreed to by the Client. a. Model Development The Consultant will utilize the Synchro network template provided by the Client to develop a base model of the existing corridor for the two highest peak hours using 2025 traffic data. Client provided information will be used to populate the model. Additional models will be created in Synchro of the preferred corridor improvements for the two highest peak hours using 2035 and 2050 traffic forecasted data. The Highway Capacity Manual 7th Edition (HCM7) principles will be used to evaluate intersection capacities. Vissim will be utilized to assist in the review of the railroad crossing and its impact on traffic operations. 53 Page 10 of 15 b. Traffic Forecasting The Consultant will work with the Ames Area Metropolitan Planning Organization (AAMPO) to derive 2035 and 2050 traffic volumes from the travel demand model. These volumes, along with the existing 2025 traffic volumes, will be used in the traffic model to analyze existing corridor operations and operations of the preferred corridor alternative. c. Traffic Operational Analysis – Intersection Level The Consultant will perform modeling and operational analysis of the project study area. The modeling will be conducted to serve as a tool to graphically illustrate future roadway improvements and impacts to traffic operation. This section shall include the analysis of six (6) intersections within the study area as identified in the proposal and include: • Duff Avenue and Main Street • Duff Avenue and 6th Street • Duff Avenue and 9th Street • Duff Avenue and 11th Street • Duff Avenue and 13th Street • Duff Avenue and 16th Street After receiving acceptance of the 2035 & 2050 traffic forecasted volumes from the Client, the Consultant will analyze the study area intersections for the highest two peak hours of a typical weekday for the following scenarios: • Year 2025 – existing conditions • Year 2035 – preferred corridor alternative • Year 2050 – preferred corridor alternative Roundabout analysis is included at the following intersection: • Duff Avenue and 16th Street Performance measures assessing the operation of the system will include delay, volume to capacity ratio, operations of adjacent intersections, maximum queue/storage lengths and control delay. Recommendations on intersection geometrics, queue storage lengths, signal phasing/timing and other improvements will be made as required to provide acceptable service levels for major movements and the overall intersections. d. Traffic Operational Analysis – Segment Level Capacity, speed, flow, and level of service will serve as measures of effectiveness for the segment analysis. The analysis, using HCM7 procedures, will demonstrate the impacts of traffic growth on the corridor and identify any improvements needed. e. Railroad / Traffic Analysis The railroad crossing and its impact on traffic operations will be analyzed using Vissim. The performance measures of delay, queuing, capacity, and emissions will be assessed. Two scenarios will be analyzed on Duff Avenue from Lincoln Way to 6 th Street. One Scenario assumes the existing at-grade railroad crossing remains in place, while the second scenario assumes the railroad crossing has changed to a grade-separated crossing. The grade-separated scenario will be analyzed to determine changes to Duff Avenue capacity and operations when vehicles no longer stop and queue for trains. It is not intended to develop underpass or overpass concepts. 6. Multimodal Review 54 Page 11 of 15 The Consultant will consider the vision, goals, and content of the Walk Bike Roll Ames Bicycle and Pedestrian Plan when considering options and developing a preferred alternative for multimodal facilities within the corridor. The Consultant will review all pedestrian crossings for safety and ADA and PROWAG compliance, including Duff Avenue and East 12th Street. The Consultant will look for opportunities to improve the connectivity, consistency, and user friendliness of sidewalks and bicycle facilities. Pedestrian and bicycle facilities integrate with the transit system. The Consultant will work with the Client and CyRide to discuss ridership and transit facilities within the corridor and identify improvement opportunities. 7. Recommendations The Consultant shall prepare a set of draft recommendations from all the above tasks. The Consultant will identify proposed improvements or other techniques/treatments that will mitigate potential impacts to the transportation system surrounding the propos ed development. 8. Traffic Report This task consists of preparing a traffic report detailing the analysis of the Duff Avenue corridor. Additional alternative scenarios that need investigation after the initial base report findings are completed will require an amendment for additional engineering services. An electronic copy in Adobe PDF format will be provided to the Client. a. Traffic Report Outline The traffic study report submitted to the City of Ames shall contain each of the following elements: i. Cover Page with title of the study, client and preparer’s name, address, and submittal date. ii. Certification page with an Iowa professionally registered engineer’s seal and signature. iii. Executive Summary iv. Introduction v. Existing Conditions a) Study Boundaries b) Study Roadway and Intersections c) Traffic Count Data d) Crash Analysis e) Speed Study vi. Future Conditions a) 2035 and 2050 Projected Traffic Volumes vii. Operational Analysis a) Intersection Analysis b) Segment Analysis c) Railroad/Traffic Analysis viii. Multimodal Review ix. Conclusions/Recommendations x. Appendix containing supporting analysis information. 9. Quality Control Involves ongoing quality control input from the Client and senior technical staff throughout the completion of the traffic analysis, development of the traffic report, and development of the preferred alternative. The project manager and technical coordinator are responsible for making specific recommendations and ensuring that critical issues are discussed and resolved prior to submittal of the preliminary traffic report to the Client. The project manager and technical coordinator are also responsible for the review of the preliminary traffic report for technical accuracy, as well as for conformance with the project design criteria. D. Conceptual Design 55 Page 12 of 15 Complete the conceptual design of the preferred alternative. The conceptual design of Duff Avenue will include one concept and be based on the analysis and recommendations of the traffic study . The primary focus will be on developing roadway geometrics , a pavement marking layout, traffic signal modifications, multimodal modifications, drainage concept, identifying existing and proposed utility locations, and identifying existing and proposed right-of-way needs. Additional focus will be on developing planning-level cost estimates for each of the concepts and an implementation timeline. 1. Develop Design Criteria The Consultant will summarize and submit to the City the design criteria used to develop the project. Criteria will conform to the City, SUDAS, and AASHTO design standards. The criteria to be addressed include: • Functional classification and design type. • Design speed and regulatory speed. • Design vehicles for intersection design. • Widths of travel lanes, parking areas and right-of-way. • Preferred and acceptable clear zone requirements. • Provisions for pedestrian and bicycle facilities. • Street lighting requirements. • Utility corridor locations. Prepare a brief technical memorandum documenting the proposed criteria. The memorandum will be reviewed and approved by the City. 2. Develop Typical Sections Develop typical sections for the Duff Avenue improvements in consultation with the City. Typical sections will include lane widths, curb section/type, sidewalk/trail widths, right-of- way widths, pavement types, and clear zones. This task also includes identifying potential storm sewer, sanitary sewer, water main and other utility locations in the typical roadway sections. 3. Develop Conceptual Geometrics Develop conceptual geometrics that include intersection return radii, sidewalk/trail locations, driveway locations, and roundabout geometrics for the project. This task includes conceptual roundabout geometry at the intersection Duff Avenue with East 16th Street. 4. Pavement Marking Concept The consultant shall develop a conceptual pavement marking layout showing lane widths, turn lane locations, turn lane storage lengths, pedestrian crossings, and bike lanes if applicable. 5. Traffic Signal Modifications The Consultant shall indicate conceptual traffic signal modifications to major signal equipment and traffic signal phasing. Major signal equipment includes traffic signal poles, pedestal poles, push button poles, traffic signal cabinet s, traffic signal heads, pedestrian heads, and push buttons. Potential utility conflicts with the signal pole footings and mast arms will be identified. 6. Multimodal Modifications Develop conceptual multimodal modifications and improvements based on the traffic analysis, WBRA Bicycle and Pedestrian Plan, and input from the Client, public, and CyRide. The consultant will look for opportunities to improve connectivity, consistency, and user friendliness of sidewalks, trails, bicycle facilities, and transit facilities. 7. Roadway Drainage Concept The Consultant will develop a roadway drainage concept in association with the roadway improvement concept. The Consultant will complete a conceptual storm sewer design 56 Page 13 of 15 looking at existing storm sewer, roadway geometric configuration, and existing utility locations. The concept will include approximate location and size of the storm sewer infrastructure. The Consultant will discuss the existing storm sewer system with the Client to identify any known problems or deficiencies. Vertical Profiles will not be developed as part of this task. 8. Water Main and Sanitary Sewer Modification Design The Consultant will determine the approximate location of water and sanitary infrastructure and consider the impacts of the proposed improvements on the infrastructure. The Consultant will discuss the existing water main and sanitary sewer infrastructure s ystems with the Client to identify any known problems or deficiencies. If improvements are identified, the Consultant will include a conceptual plan and planning-level cost estimate for those improvements. 9. Private Utility Research Contact the utility companies for design level information and mapping within the project corridor regarding transmission, distribution, and service laterals. This includes information related to existing facilities and facilities planned for construction. 10. Prepare Conceptual Design Plans Based on conceptual design, prepare conceptual design level plans depicting proposed grading, drainage, paving, and other features of the project. The conceptual design plans will include but not be limited to the following: • Typical Cross Sections: Develop and assemble typical cross sections to be used for the proposed improvements as well as a preliminary determination of the limits that each typical section will apply. The typical cross sections will include but not be limited to the proposed grading, drainage, and paving improvements. • Plan Sheets: Develop conceptual plan view sheets that show the existing topography along with the proposed improvements based on the proposed horizontal alignment. These sheets will be in the form of a colored strip map that includes aerial photography. Proposed right-of-way limits will be estimated and shown. Included will be the necessary CADD work to show the conceptual design features for the proposed improvements. • Intersection Geometrics: Develop intersection geometric plans. Show major intersection return geometry, lane widths, and auxiliary lane lengths. Design vehicles will be determined from the project Design Criteria. 11. Field Review A field review will be held with the project design team to discuss key issues and design concepts including intersection control, geometrics, staging, drainage and right-of-way. The review will determine the completion of the conceptual exhibit design and identify needed adjustments. Revisions will be noted for discussion with the City. 12. Identify Acquisition Requirements The Consultant will identify general permanent right-of-way and permanent/temporary easement needs based on the conceptual design development. The requirements will take into consideration proposed utilities, construction staging and access, utility relocations and other critical construction elements. 13. Opinion of Probable Cost Prepare opinion of probable construction cost for the project concepts. Cost estimates shall be based on representative major project elements and recent bid information. Detailed quantity takeoffs will not be developed for the conceptual cost estimate. 14. Implementation Timeline 57 Page 14 of 15 The project corridor currently has a mill and fill pavement surface upgrade programmed. The Consultant will consider the programmed resurfacing, results of the traffic study including the traffic forecasts, and the cost estimate to make a recommendation for the preferred implementation timeline. 15. Quality Control Review Review the conceptual engineering plan set for technical accuracy, as well as for general constructability and conformance with the project design criteria. II. PROJECT DELIVERABLES The scope of services shall be considered complete upon completion and delivery of the following items to the satisfaction of the City: A. Traffic Report B. Design Criteria Technical Memorandum C. Typical Cross Section Sheets D. Colored Strip Map Displaying Conceptual Design Features E. Intersection Geometric Sheets F. Cost Opinion of Project Concepts III. ADDITIONAL SERVICES NOT INCLUDED IN THIS CONTRACT Additional Services not included as part of this Scope. If authorized, under a supplemental agreement, the Consultant shall furnish or obtain from others the following services: A. Preliminary and Final Design Services B. Project Letting Services C. Construction Period Services (administration, observation, testing, and staking) D. Wetland Mitigation and Permitting Services E. Threatened and Endangered Species Investigations F. Phase I or Phase II Archaeological Investigations G. Water Main and Sanitary Sewer Design H. Real Estate Services I. Preparation of Acquisition Plats and Easement Documents J. Subsurface Utility Investigations IV. CITY’S RESPONSIBILITIES: The City shall provide the following: A. Provide existing street and utility plans/record drawings and utility maps for the project area. B. Provide existing topographic base mapping, aerial photo images, and other available electronic files pertinent to the project. C. Provide ADT, turning movement, truck, and pedestrian count data. D. Provide speed data. E. Provide traffic signal timing plans and the Synchro network template of the existing corridor. F. Provide Ames Area MPO Travel Demand Model volume data. G. Provide access to StreetLight Data’s InSight Platform. H. Provide CyRide’s transit stop passenger count data. I. Provide Strava Metro data. J. Provide railroad pre-emption and train count data. K. Provide traffic queuing data at railroad crossing. 58 Page 15 of 15 Exhibit B Schedule The Consultant shall complete the following phases of the Project in accordance with the schedule shown; assuming notice to proceed is issued by the City on or before July 8, 2025. If notice to proceed is given at a later date, time of completion shall be extended accordingly. Anticipated Contract Approval July 8, 2025 Design Criteria/Project Kickoff Meeting Week of July 14, 2025 Data Collection July 2025 – August 2025 Traffic Analysis September 2025 – December 2025 Public Input Tool November 2025 Project Stakeholder Meetings December 2025 Conceptual Design January 2026 – March 2026 Support for Public Open House April 2026 Traffic Report/Recommendations May 2026 Meeting with Local Elected Officials June 2026 59 ITEM #:12 DATE:07-08-25 DEPT:PW SUBJECT:2024/25 MULTI-MODAL ROADWAY IMPROVEMENTS (6TH STREET - NORTH OF CITY HALL) COUNCIL ACTION FORM BACKGROUND: Multi-modal transportation refers to the variety of modes used by Ames residents to travel the transport system. The modes specifically addressed in this program include bicycling and automobiles. Multiple complaints have been received over the past several years regarding the sidewalk along 6th Street north of City Hall (see attached map). Due to the Police parking area and sallyport access, this sidewalk does not have compliant slopes and is frequently blocked by vehicles. In order to better service the needs of the public for both pedestrian safety and ADA compliance, as well as more efficiently utilize the parking area for Police and Public Works staff, a collaborative project has been designed to improve the area. The design was also coordinated with the operations of the City Auditorium so that events could still be managed during and after construction. The project will improve the pedestrian path by eliminating several jogs in the existing sidewalk, and ensuring that sidewalk slopes are compliant with ADA. Additionally, the design provides an adequate number of parking spaces for Police patrol vehicles, which have increased in number over the past several years. The Police vehicles will utilize back-in angled parking, which will provide increased visibility in instances where officers need to enter the roadway quickly, and will also make loading equipment easier. Finally, the project will allow a drainage issue to be resolved; one downspout draining a small portion of the City Hall roof currently drains over the sidewalk, which freezes in the winter. This drain will be re-routed to the storm sewer system. Staff has worked with Bolton & Menk of Ames, Iowa to develop plans and specifications for the project with an estimated construction cost of $91,236. The budget for this project includes $25,000 from FY 2024/25 General Fund savings and $90,000 in savings in the Multi-Modal Roadway Improvements Program available to fund the remainder of the project. The table below shows the revenues and expenses for this project: Revenues Amount Expenses Amount Road Use Tax $90,000 General Fund Savings $25,000 Design $ 16,262 Construction (est)$ 91,236 Administration $ 5,000 Totals $115,000 $112,498 60 ALTERNATIVES: 1. Approve plans and specifications for the 2024/25 Multi-Modal Roadway Improvements (6th Street) and establish August 6, 2025, as the date of letting and August 12, 2025, as the date for the report of bids. 2. Do not approve this project. CITY MANAGER'S RECOMMENDED ACTION: This project will provide a compliant sidewalk to improve pedestrian and bicycle travel along 6th Street to the downtown area and City Hall. The project will also double the available parking on the north side of City Hall from nine current spots to 18. Approval of the plans and specifications will continue to keep this project on pace for 2025 construction. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): 6th Street Project Map.pdf 61 UH C C C C C C F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F F E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E E >>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>>> 6TH STREET TYPE 1 SEED: 60SY MULCH AREA 15 SY, MATCH EXISTING MULCH COLOR AND SIZE INTAKE PROTECTION (DROP IN) 9" WATTLE 53 LF 9" WATTLE 10 LF C3.01 EROSION CONTROL R SHEET B o l t o n & M e n k , I n c . 20 2 5 , A l l R i g h t s R e s e r v e d c H: \ A M E S \ 2 5 X 1 3 8 0 7 0 0 0 0 \ C A D \ C 3 D \ 1 3 8 0 7 0 C 3 0 1 . d w g 6/ 2 7 / 2 0 2 5 8 : 5 7 : 1 5 A M DESIGNED DRAWN CHECKED CLIENT PROJ. NO. DATEDESCRIPTION REV CITY OF AMES 2024/2025 MULTIMODAL ROADWAY IMPROVEMENTS TWA TWA EDC 25X.138070 1519 BALTIMORE DRIVE AMES, IOWA 50010 Phone: (515) 233-6100 Email: Ames@bolton-menk.com www.bolton-menk.comR FEETSCALE 0 10 20 HORZ. 62 ITEM #:13 DATE:07-08-25 DEPT:HR SUBJECT:CONTRACT AWARD FOR WORKERS' COMPENSATION AND MUNICIPAL FIRE AND POLICE SYSTEM MEDICAL CLAIMS ADMINISTRATION COUNCIL ACTION FORM BACKGROUND: The City contracts third-party administration services for workers’ compensation and Municipal Fire and Police “411 System” injury medical claims. The City’s current contract with EMC for these services is set to expire on July 31, 2025. EMC has provided a renewal contract for the same services since at least 2009. Services provided in this contract include workers’ compensation claims administration for all City employees, medical bill review, self-insured loss fund management, and pharmacy and medical expense consultation. Also included under this contract are the performance of regulatory filings and maintenance of an online claims database accessible to City staff. Additionally, the third-party administrator collects for medical bill review and savings identified through that process. The fees, along with actual claims expenses are charged to individual departments. On May 12, 2025, a Request for Proposal (RFP) was posted to Ames Bids, the electronic bidding site. A total of 16 potential bidders viewed the RFP. On June 5, 2025, two proposals were received as follows: Firm Score Rank EMC Claims Solutions, Des Moines, IA 985 1 SFM Risk Solutions, Bloomington, MN 840 2 An evaluation team was formed by staff to review proposals. Proposals were evaluated based on experience, qualifications of personnel, the firms' claim administration process, capability of providing the requested services, and cost. After evaluating the proposals, staff determined that the proposal from EMC Claims Solutions of Des Moines, IA is most acceptable. EMC Claims Solutions has a local presence in the state of Iowa and is the incumbent, making it easy to meet the City's timeline. EMC highlighted a strong team, pinpointing a primary and back-up team along with a claims specialist with expertise in the police and fire (411) claims process. This annual contract has historically run from August 1 to July 31. However, the first term of this contract shall be August 1, 2025 through June 30, 2026, at which time the four (4) optional 1-year extensions will each run on the fiscal year of July 1 through June 30. The actual costs incurred under this contract vary depending on the number and nature of claims. The expenses under the current agreement total $27,820 to date, while the claims under the contract in the prior year totaled $27,810. The FY 2025/26 budget contains $55,000 63 for these services. ALTERNATIVES: 1. Approve the contract with EMC Risk Services, LLC, of Des Moines Iowa, to provide third- party administration of the City’s workers’ compensation and municipal fire and police “411 System” claims for August 1, 2025 through June 30, 2026. 2. Accept the proposal from SFM. 3. Reject all proposals and direct City staff to seek other claims administration alternatives. CITY MANAGER'S RECOMMENDED ACTION: EMC Risk Services, LLC, continues to be an effective provider of professionally administered workers’ compensation claims and associated services. Its staff has been responsive and sensitive to the needs of City employees in managing their injury and disability claims. The online claims system makes cost and other data accessible to City staff and provides a frequently utilized tool for analyzing injury types and safety program effectiveness. While EMC prices per claim are slightly higher, SFM has more ancillary fees that are not subject to their maximum fee cap. (See Attachments). Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. ATTACHMENT(S): EMC Cost Proposal.pdf SFM Cost Proposal.pdf 2025-153 TPA Contract Signed by EMC.pdf 64 717 Mulberry St. | Des Moines, IA 50309 | P.O. Box 9399 | Des Moines, IA 50306-9399 |P 515.345.4532 |P 800.741.5302 | F 866.504.6598 | www.emcins.com Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LLC EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate) EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC June 4, 2025 SERVICE FEE SCHEDULE 2025 Workers Compensation – City of Ames Claim Fees Claim Fees shall be effective as of the Effective Date, 8-1-25, for 11 months and annually thereafter on 7-1, or upon the agreed established date. PRICING REVISIONS PER RENEWAL City of Ames agrees to pay EMC Claims Solutions the following fees: Workers Compensation Claims: Incident Only $35 per report Medical Only $260.00 Indemnity $1,142.00 Medical Case Management $115.00 /hour $.56 /mile + reasonable expenses Legal Nurse Review $128.00 /hour Medical Bill Review and Pharmacy Benefit Management: PPO Network Utilization and audit of all bills by nurses in our Medical Cost Review Unit for optimal savings and network reductions on every medical bill. Also, the Pharmacy Benefit Management network provides both savings and clinical management of prescription drug costs for your injured workers. Per bill fee 9.50 Bill Review 30% of savings PPO 30% of savings - Capped at $10,000 65 717 Mulberry St. | Des Moines, IA 50309 | P.O. Box 9399 | Des Moines, IA 50306-9399 |P 515.345.4532 |P 800.741.5302 | F 866.504.6598 | www.emcins.com Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LLC EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate) EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC Miscellaneous Fees: On-line Claim Reporting/Administration (includes banking, accounting and fund management) Annual Administration/Reporting: $5,200.00 Additional users: $ 300.00 Risk Improvement $ 220.00 /hour Subrogation: 18% of recovery OSHA 300 Reporting $2650 Annually Approved on _____________ by: EMC Claims Solutions By: Barbara A. Sullivan, CPCU President and Chief Operating Officer EMC Claims Solutions City of Ames, Iowa By: _____________________________ _____________________________ 66 Costs For SFM Risk Solutions SFM Risk Solutions, Inc. Proposal to City of Ames June 5, 2025 Proposed fees subject to a not to exceed amount of $60,000 SERVICES PY 8/1/2025 – 6/30/2026 PY 7/1/2026 – 6/30/2027 PY 7/1/2027 – 6/30/2028 Incident Only 0 0 0 Medical Only $200 $200 $208 Lost Time $1075 $1075 $1118 Account Management $5000 $5000 $5000 Texting Fees $250 annually $250 annually $250 annually Bill Entry Fee $11 per bill $11 per bill $11 per bill CMS Reporting per claim $16 per submission $16 per submission $16 per submission Claim Regulatory Fees $3.00 per submission $3.00 per submission $3.00 per submission RMIS/Report System Access $500 per user $500 per user $500 per user Additional ancillary Fees not subject to the $60,000 maximum Services Fee Bill Review Re-Pricing 30% of savings PPO & Pharmacy network 30% of savings Non-litigated subrogation by recovery specialist **client approval required** 15% of recovery In-house physician review **client approval required** $150 per review Nurse prescription drug review **client approval required** $100 per hour Telephonic Nurse Case Management client requested services $110 per hour Loss Prevention Services client requested services $150 per hour plus expenses SFM Hotline Reporting client requested services $95 per report IT Programming Fees**/Data Transfer Fees** $400 per hour **Programming time for specialty reports requested by the client that require additional programming time by the Information Services Department and does not include the pre-determined list of reports that SFM Risk Solutions already supplies. Data transfer fees refers to work done to move data to another TPA or entity. Available Reports: (this is not a comprehensive list, but basic reports requested by clients) Loss Runs Paid in Year Loss Spreadsheet Legal Costs Invoices Settlements Escrow invoices Permanent Total Disability Check Registries (daily, weekly, monthly) Trending 67 1 CONTRACT FOR THIRD- AND MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM PROFESSIONAL SERVICES CONTRACT FOR CITY OF AMES THIS AGREEMENT, made and entered into effective the 1st day of August 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 sometimes called "City") and EMC Risk Services, LLC (a Domestic Limited Liability Company, organized and existing pursuant to the laws of the State of Iowa and hereinafter called "Provider"); W I T N E S S E T H T H A T: WHEREAS, the City of Ames has determined that certain services to be provided to the City of Ames and its citizens by Provider, such services and facilities being hereinafter described and set out, should be purchased in accordance with the terms of a written agreement as hereinafter set out; 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 of Ames certain 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 Provider shall provide the services set out in the City of Ames, Iowa, Scope of Services from Request for Proposal #2025-153, and response Third-Compensation and Municipal Fire and Police Retirement System, attached hereto as Exhibit A. The City, without invalidating the Agreement, may direct changes in the services within the general scope of the Agreement, with the authorized payment maximum being adjusted accordingly. Any change in the scope of service by the provider shall be done by written agreement signed by both parties. The added cost or cost reduction to the City resulting from a change in the Agreement shall be determined by mutual acceptance of a lump sum properly itemized and supported by sufficient data to permit evaluation, or by unit prices stated in the Agreement or subsequently agreed upon. It shall be the responsibility of the provider, before proceeding with any change in scope, to verify that the change has been properly authorized on behalf of the City. No additional charges or any other change in the Agreement will be allowed unless previously authorized in writing by the City, with the applicable compensation method and maximum authorized additional sum stated. 68 2 III METHOD OF PAYMENT A.Payments shall be made by the City of Ames in accordance with Exhibit B Service Fee Schedule, as applicable, attached hereto and incorporated herein. B.The maximum total amount payable by the City of Ames under this Agreement is $55,000 and no greater amount shall be paid without written amendment. C.Payment will be made upon completion of the services and acceptance by the City of Ames. Provider shall submit an invoice upon completion of the services. The invoice shall include an itemization of the services for which payment is claimed. Invoices referencing the assigned purchase order number shall be emailed to accountspayables@cityofames.og. D.In the event that this Agreement is terminated for any reason other than a breach by the City, Provider shall refund to the City any unused pre-paid Administration fees, pro-rated through the date of termination. IV FINANCIAL ACCOUNTING AND ADMINISTRATION A.All claims for payment shall be supported by properly executed payrolls, time records, invoices, contracts, vouchers, or other documentation, evidencing in proper detail the nature and propriety of the charges. All checks, payrolls, invoices, contracts, vouchers, orders, 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. B.All records shall be maintained in accordance with procedures and requirements established by the City Finance Director, and the City Finance Director may, prior to any payment under this Agreement, conduct a pre- audit of record keeping and financial accounting procedures of the Provider for the purpose of determining changes and modifications necessary with respect to accounting for charges made hereunder. All records and documents required by this Agreement shall be maintained for a period of three (3) years following final payment by the City. C.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 payments made or claimed under this Agreement. D.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 Provider will permit the City to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, records of personnel, conditions of employment, and other data relating to all matters covered by this Agreement. 69 3 V INSURANCE A.The provider shall maintain insurance coverage in scope and amounts acceptable to the Risk Manager. B.Any failure to comply with reporting provisions of the policies shall not affect coverage provided to the City of Ames, its officials, employees, or volunteers. C.Provider shall furnish the City with certificates of insurance and with original endorsements effecting coverage required by this clause. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The certificates and endorsements are to be on standard insurance company forms or forms provided by the City and are to be received and approved by the City before services commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time. D.Provider shall include all sub-Firms as insured under its policies. All coverages for sub- Firms shall be subject to all of the requirements stated herein. E.To the fullest extent permitted by law the Provider shall indemnify and hold harmless the City of Ames, their agents, and employees from and against all claims, damages, losses, and expenses, including, but not limited to fees arising out of or resulting from the performance of the services, provided that any such claim, damage, loss, or expense (1) is attributable to bodily injury, sickness, disease, or death, or to injury to or destruction of tangible property (other than the services itself) including the loss of use resulting therefrom; and (2) is caused in whole or in part by any negligent act or omission of the Provider, any Sub-Firm, anyone directly or indirectly employed by any of them or any one for whose acts, any of them may be liable. F. negligence alleged to be caused by the sole negligence of employees of the City of Ames. VI PROPRIETARY RIGHTS AND CONFIDENTIAL INFORMATION Provider agrees to hold in trust and confidence any confidential and/or proprietary information or data relating to City business and shall not disseminate or disclose such confidential information to any individual or employees or sub-Firms performing services hereunder (who shall be under a duty of confidentiality), and any other individuals specifically permitted in each instance by the City. VII TERMINATION The City of Ames may terminate this Agreement without penalty to the City at any time by giving written notice to the Provider at least fifteen (15) days before the effective date of such termination. In any case where the Provider fails in whole or in part to substantially perform its obligations or has delivered nonconforming services, the City shall provide a Cure notice. If after notice the Provider continues to be in default, the City may terminate this agreement immediately. The City shall only be obligated to compensate the Provider for compliant services performed prior to notice of termination. 70 4 VIII INDEPENDENT CONTRACTOR STATUS Provider agrees that the relationship between Provider and the City is that of an independent contractor for employment tax purposes. The Provider shall be solely responsible for all taxes relating to payments under this agreement, including those of employees. IX LAWS This contract is governed by the law of the State of Iowa with venue in the appropriate state and/or federal courts for Story County, Iowa X ASSIGNMENT This Agreement may not be assigned or transferred by the Provider without the prior written consent of the City. XI AFFIRMATIVE ACTION Provider shall place on file with the City a statement of nondiscrimination policy in the form of a completed Assurance of Compliance with the City of Ames, Iowa, Affirmative Action Program satisfactory to the Affirmative Action Officer of the City XII NOTICE All notices under this Agreement shall be in writing. Notices shall be deemed to have been given: (i) upon hand delivery or (ii) if sent by Regular Mail, within seventy-two (72) hours after the notice has been deposited in the United States Post Office, postage paid. Notices shall be sent to the other party at the addresses set forth below. Either party may change its address by giving notice in writing thereof to the other parties. City of Ames: Provider: Bill Walton, Risk Manager Human Resources 515 Clark Avenue, PO Box 811 Ames, IA 50010 71 5 XIII DURATION This Agreement shall be in full force and effect from and after August 1, 2025 until June 30, 2026, or, until terminated by the City of Ames, Iowa. 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 By: By: John Haila, Mayor Attest By: _______ Renee Hall, City Clerk Printed Name and Title 72 Technical Response and Scope of Services Overview EMC Claims Solutions (ECS) is a multiline third party administer (TPA) equipped to handle claims for the City of Ames. We would like to meet and discuss our best practices for claims handling, audit standards, team members and our philosophy to provide the best service, management and results. We are driven to be unsurpassed in the industry at cutting claim costs and managing losses. As soon as awarded the contract we will establish expectations and begin our work. We will establish a tier structure in our system according to your financial reporting needs and develop your structure of authorization and funding. Training on our claims system will be provided. We will establish and document claims handling expectations during the transition and implementation phase. Communication on an ongoing basis is key to ensure we are providing the level of service that meets the needs of City of Ames. We know a dedicated client manager is critical to the success of a great relationship. Lori McMurray Enger will be assigned to the City of Ames. We will work to make the transition as smooth as possible. Specific tasks include, but are not limited to: Bring our team to meet the City of Ames team o Discuss expectations and document in claims handling instructions o Discuss operations and review the types of claims received by the City of Ames Integration of historic claim data Tier structure and specific coding requirement setup Medicare reporting TPA transfer of RRE submission agent Contact current open claims parties alerting of TPA change Setup and initial contact of open claims Coordination between ECS and the City of Ames financial staff to setup billing and reconciliation processes For the City of Ames, we would propose a three-member team to handle the claims for w compensation. A primary adjuster who would handle a majority of the claims, as well as a back- up adjuster to assist with overflow and out of office situations and a chapter 411 claims specialist. There would be one claims supervisor for each line of business for the City of Ames. All claims are handled from the Des Moines, Iowa office. All team members, including the client manager, reside in the Des Moines office and are available for on-site visits and phone conferences. The yearly average claim volume of both adjusters referenced will average from 100-125 open claims at any one time. 73 Executive Summary Our Mission Deliver quality financial protection and effective claim management to the clients and agents we serve. Our Business laims handling General Liability and Auto claims handling Coordinating Risk Improvement Services Medical Bill Review and Medical Case Management Difference Maker What sets EMC Claims Solutions by our team members. We believe each client is unique and we treat them that way, which is why our services are built around our clients. Our Delivery Client dedicated claims handlers Prompt response to questions and an action plan for each loss Customized billing and reporting Strong relationships with Business Partners to mitigate losses Commitment to service based on Client expectations and culture Our Guiding Beliefs Service Honesty and Integrity Teamwork Continuous Improvement How Will We Accomplish our Goals Respond to customers in a positive manner Provide the right products and services Take initiative to deliver successful outcomes Make financially responsible decisions We Stand in our Clients Shoes Develop lasting relationships Offer new products and services Continuously fine tune the process Deliver excellent products and services Adapt to your specific business needs and culture Empathetic and creative suggestions to resolve difficult claims 74 Exceeding Your Expectations Quarterly, Biannually or Annual File Reviews o These provide an opportunity for us to receive direct feedback from our customers on how we are doing and how we can improve o This face to face or virtual meeting allows us to be on a close business relationship with our clients Facility Tours o Together with our clients, adjusters would like to participate in facility tours o T Attending seminars with clients offers additional education opportunities. This creates a collaborative effort to ensure we understand the most up-to-date information in a constantly changing industry. The Right Products and Services Clients have direct access to the claims file system and are directly involved with claims Developing loss analysis tools which meet individual client needs. Our claims system allows for specific detailed loss runs Providing a link between clients and EMC Claims Solutions 75 The ECS Team The ECS team consists of four workers compensation teams and one general liability/auto team. Each team consists of 4-5 experienced adjusters and a supervisor knowledgeable in their respective lines of business. Workers Compensation Team (4) Assistant Managers (3) Claims Specialist (5) Senior Claims Adjusters (8) Claims Adjusters (4) Claims Representatives (1) Claims Assistant General Liability/Auto Team (1) Assistant Manager (3) Claims Specialists (2) Claims Adjusters Support and Finance Team (1) Assistant Manager (4) Claim Support Associates Leadership (4) President, Claims Director, Client Services Management Consultant and Financials Services and Systems Operations Manager We are fully equipped and highly experienced in providing claims management services. We will provide fully trained and experienced claim handlers who are well versed in Iowa workers compensation laws. The caseload for the senior adjuster staff is approximately 100 claims. The caseload for those with fewer indemnity claims and more medical only claims will be approximately 125 claims per handler. Assistant Managers do not carry a caseload. We handled approximately 2,215 claims over the last two years for other municipalities. ECS average turnover rate is 7% over the past three years. Licensing is not required for adjusters in Iowa; however, we support continuing education and participation in any available legal and administrative training by the State of Iowa Compensation Division. ECS conducts quarterly claim file audits of every team member to identify by claim type any areas for the supervisor to coach the team member. The results of these audits are tied to each score at the end of each year. Our most recent quarterly audit yielded a team average score of 94.7%. The 12-month team average score is 94.6%. Our adjusting staff has access to internal legal counsel and private defense counsel. We will work with the City of Ames legal staff to collaborate and achieve results. 76 Administrative Services We utilize the Filehandler Claims System designed by JW Software. It is a software system specifically designed for claims handling in the TPA environment. ECS can store all your s records, photos, videos, etc. and create reports to address any specific need. The City will receive a sign-on and password to be able to access all files in 24/7 real time from any internet connected computer. Our system is easy to use and operate. Our goal is to be flexible and responsive. Training on the Filehandler system will be provided within 30 days of the program inception. Claim handlers and the client manager will be available for risk management meetings, as needed. All new claims and correspondence may be emailed to ECS at ClaimsSolutions@EMCIns.com. We will set up the claims in a tier structure to reflect your organization and generate reports in the way best suited to provide the data requested. All data is stored on a secure network and is backed up daily to a separate secure server location. All federal, state and local filing requirements are managed by either the adjuster or claims administrative team. The Filehandler claims system allows for Electronic Data Interchange as well as Medicare RRE reporting capabilities. The City of Ames will have access to notes and all claim information, including financial summaries and payment detail. The City will be able to request the design of any ad hoc reports. Data points in the system can be translated into reporting capabilities tailored to the Reports from Filehandler are available in PDF, Word and Excel formats. The files will be retained in a manner agreeable to the established protocol of the City. All files are owned by the City, and the City shall have the right to copy any and all claim files, or any documents related to any claim. ECS shall retain and store closed claim files for such period as required by the record retention policies or such other time as the City and ECS may mutually agree. Until the obligation to retain and store claim files ends, ECS shall either return or destroy closed claim files as directed by the City. 77 Claims Administration Work Compensation At ECS we understand Iowa e specialize in claims for police officers and firefighters who are entitled to pension fund benefits created by the Iowa Code chapters 410 and 411. We will verify the injury meets the requirements for acceptance under the chapter and the bill has not been processed under another medical payer plan. We will contact the injured worker to determine the extent of the injury and the relatedness to the work activity so we can anticipate the extent of the cost to the City. We will maintain contact and investigate medical treatment as necessary throughout the life of the claim. Claims handling services include a three-point contact within 24 hours of receipt. ECS will determine the cause and compensability of the incident and explain benefits or liability to the injured worker or party. We handle the gathering of all information and advice our clients of the best path to resolution in each specific case. Our handling includes all the required filings, including Medicare Section 111 reporting, if needed. We will create Special Handling Instructions with the City of Ames which would outline the required actions for varying types of claims with ongoing communication and direction as requested by the City of Ames and/or as situations change on the claim. Claims handling services include contact within 24 hours of receipt. We will investigate the cause of the incident and deny or pursue a settlement. We will handle the gathering of all information and advise the City of Ames of the best path to resolution in each specific case. We will contact a lost time injured worker a minimum of one contact weekly until they have returned to work. We will assist the City of Ames by providing suggestions on the process for computing indemnity payments for lost time claims as required by City of Ames policy and labor contracts and how best to coordinate timely payments with the City of Ames risk manager. We pride ourselves on our flexibility to meet the needs required to best serve the internal processes within the City of Ames. All authorized medical bills associated with an approved claim comply with the medical fee schedule (UCR) and/or discounted fee arrangements negotiated by or on behalf of the City of Ames. EMC Claims Solutions utilizes the Medical Care Review department of the parent EMC Insurance Companies to process bills through the Mitchell International Medical Bill Review platform. Savings are passed along to the client. We are considered an approved vendor by many excess carriers and shall provide timely notification to the City of Ames excess insurers and the City of Ames risk manager of all claims or losses meeting the excess carrier reporting criteria with all necessary information about the status of such claims or losses as determined or required by such insurers. Excess carrier reimbursement requests are managed by our financial staff and are completed quarterly. We report to the excess carrier when called for by the policy and in conjunction with requirements. Typically, this is when the incurred amount hits 50% of the retention, or when certain types of injury occur. Focus would be on open communication with the excess carrier. Our claims best practices dictate our processes of investigation, file assignments and three- point contacts. Recorded statements are required of complex claims or when needed, and transcription needs are completed in house. 78 Claims Best Practices Guidelines These guidelines shall serve to provide positive recommendations for the timely investigation of losses and evaluation of fact patterns, as well as careful attention to statutory and regulatory regulations. The material is by no means exhaustive and shall not be replaced by the initiative, ingenuity or imagination of the handler or client. Each claim is unique and must be dealt with on an individual basis within the confines of its merit. The guidelines are intended to provide consistency and reduce variation in the claims service provided to our clients and customers. The guidelines will be included in the auditing function and will serve to provide a superior claim product that includes flexibility, attention to detail and aggressive management for cost control. Our intent is to continuously measure return to work outcomes and analyze results to provide our client the benefit of proactive management in claim handling by our experienced staff of claims adjusters. Coverage Coverage is provided by ______________ for $__________ Self Insured Retention Confirm coverage for the date of loss and policy contract period Identify State and be advised of proper statutory filings and jurisdictional conditions Identify coverage discrepancies and conduct additional investigation as relevant Review Coverage/Jurisdictional issues with Supervisor/Manager and/or Client Investigation The prompt and complete collection of the facts and circumstances surrounding each injury with a goal to construct the best possible basis for closure and settlement of the claim, using sound judgment and experience as to what each investigation might require. ECS will complete compensability investigation within one week of the initial claim assignment. We will contact the City of Ames with additional time requests or if any suspicion of fraud and report any potential findings. We will work with you to determine which claims you would like indexed. Costs for indexing are passed through without a mark-up. EMC Claims Solutions will partner with investigators and surveillance companies when warranted on a claim. We will work directly with you prior to requesting services from a partner. ECS will also work with EMC SIV unit depending on the level of severity of fraud, misrepresentation or abuse. Three Point Contact Contact with the Supervisor, Employee and Medical provider is required within 24 hours of receipt of the claim. All contacts and attempts to contact are to be documented in the claim handling file with meaningful comments to include verification of the facts, dates and witnesses along with whether or not the injury was preventable. 79 Contact Point One Supervisor - Employer Interview Obtain information about cause of injury (preventable or not) Obtain internal records where available Discuss and identify modified or light duty work opportunities Identify potential witnesses and obtain statements as needed Identify Subrogation Potential Identify Medicare Potential and report accordingly Contact Point Two Injured Employee - Employee Interview Obtain recorded statement if a back or shoulder injury Obtain recorded statement if: o Controverted facts o Cumulative/Repetitive Trauma o Pre-existing conditions or Impairments o Subrogation Potential o Lost time not accommodated by light duty Obtain list of past medical providers and secure medical authorizations as necessary Explain benefits and answer questions as needed Follow-up contact as needed after medical appointments and to discuss RTW Contact Point Three Medical Provider - Health Care Provider Request medical records as per jurisdiction Establish injury, diagnosis, treatment plan, next scheduled appointment, physical restrictions and verify lost time if any Confirm causal connection Research pre-existing conditions Follow-up after each appointment to obtain records and monitor treatment plan Send requests for medical opinions and clarification to physician as needed Subrogation Develop theory of liability based on first contacts Contact responsible parties to protect liens Continue investigation and settle or recover losses paid EDI Reporting Identify the waiting period has been exceed for jurisdiction and benefits are owed Approach appropriate EDI filing system and update as necessary Evaluation Consistency and quality in claim handling is imperative to determine if sufficient information exists and has been collected to document the loss and create an action strategy. This includes consistent documentation of the investigation, the reserving process, vendor choices, and ongoing evaluation of the information at hand. 80 Documentation Maintain diaries on each file for follow-up and action planning Document all conversations and interpretation of medical records Document payment of related, reasonable medical expense Document factors upon with the reserves are based along with a settlement strategy and action plans which may include timelines, negotiations, verification of benefits paid, and evaluation of exposure Document reserve changes and Special Funds Request Reserving Use online reserve worksheet to be updated as necessary with new information collected Set reserves per category of anticipated medical treatment and diagnostics Evaluate for extent of lost time and potential permanent impairment and set reserves accordingly Use best reasonable judgment as to the total cost of the claim, reflecting the quantity and quality of the information currently available Notify Client of any new reserve set or increased over $10,000 Notify Client of significant changes in the course of medical treatment Diary for ongoing reporting to excess carrier when incurred reaches 50% of SIR Supervision ECS assistant managers are responsible for the staff oversight of the team members and their claims. They oversee the handling of all aspects of the claims assigned to the unit including reserving, communication, documentation, evaluation, negotiation and settlement. They will ensure all claims are eligible or ineligible for payment, conform to quality and production standards. The assistant manager will confirm the claim processing is consistent with policies, procedures and claim handling guidelines. They will analyze and assign claims. They complete regular quality audits of their work, records results and counsels team members to bring work to or above standards. They will review reports and monitor the Filehandler system to ensure adherence to corporate and regulatory standards. Besides reviews of the claim files quarterly audits are conducts on five files for each adjuster. These proprietary audits are reviewed with the team member and used for annual performance appraisals. Assistant managers also, review and analyze processes, procedures, and workflows to identify opportunities for process improvement and efficiency. They also manage personnel administration including employee evaluations and salary administration. Vendors Use only client approved vendors Manage and monitor Medical Case Management to ensure effective results outside vendors Use MCR for medical bill review 81 Litigation/Resolution EMC Claims Solutions will expect to work with the firm and the client to achieve the best result for the client in an efficient and cost effective manner. A sound legal defense shall be developed in a timely matter and with a strategic plan for resolution. Alternate dispute resolution is encouraged where applicable and is to be discussed with client and claim handler prior to scheduling. A settlement range discussion will be documented in the report from defense counsel and updated as developments occur and facts are revealed. Adjuster Expectations in Litigation Claims brief and Supervisor Review upon receipt of Petition Notify Client and refer to appropriate Defense counsel Change file status to Litigated and forward file copies to counsel Offers, demands and negotiations clearly documented and communicated to Client. Request settlement and/or reserve authority after coordination with Client and defense counsel Determine if additional reporting to Excess Carrier is needed and diary accordingly Monitor litigation process and strategy Reporting Submit Large Loss Report when incurred reaches 50% of SIR Maintain client requirements for reporting o All ratings and PPD payments o Any Industrial Disability o All Settlement Discussions o All Denials o Hearings or Mediations Maintain and update EDI reporting as required by the Jurisdiction Report Medicare Eligibility as applicable Ongoing reporting to Medicare as mandated Maintain other statutory or regulatory reporting as needed Prepare monthly, quarterly, annual and subrogation reports as requested by the City of Ames Attend claim review discussions as requested by the City of Ames Provide assistance in preparation of the annual self-insurance renewal filings as requested by the City of Ames Meet with the City of Ames Human Resource Department quarterly and provide an executive summary reviewing the program and its cost Medical Management It is our practice to monitor the treatment programs recommended by physicians or specialists by reviewing all reports prepared by treating or examining physicians and by maintaining such contact as may be appropriate or at the request of the City of Ames to monitor any change of a injured worker 82 Our adjusters shall also recommend any courses of medical management which will expedite recovery and return to work of employees and will implement recommendations as approved by the City of Ames. Medical treatment is coordinated by our adjuster and monitored by the Claims Supervisor for all claims by setting appointments and authorizing necessary physician referrals and treatments. Our adjusters complete a review of all medical restrictions placed on the employee and will consult with the risk manager regarding transitional duty capability if the City of Ames has identified appropriate transitional work. We will review return-to-work documentation from the treating physician and notify the risk manager of the date of return. Any concerns regarding the ability of the employee to perform the essential functions of their job based on the City of Ames job description should be communicated immediately to the risk manager. ECS offers the following services to our clients in addition to our claims handling services. Services can be provided by the Medical Management Department within our parent, EMC Insurance Companies (EMC). ECS also utilizes outside vendors to obtain the most cost effective pricing. Medical Claims Review (MCR) MCR provides medical bill review services for ECS. EMC bill review services comply with all state mandates. EMC has received the necessary certifications from the appropriate states. State fee schedule pricing procedure codes are compared to state fee schedules and reduced accordingly. Many providers bill more than required for treatment of occupational injuries Usual and customary pricing Correct CPT coding Unbundling of charges Providers many times will separate procedures into smaller units to maximize their billing. - provide a lower cost than individual procedures Duplicate services The system tracks procedures and dates of service and automatically removes duplicate billings Up coding Provides often use a code for a treatment which will pay them more for the service. MCR is capable of re-coding and reducing the fee Turnaround time on our bill review system is monitored, not only from the date MCR receives a bill, but also from the date a branch receives a bill to be certain ERS is in compliance with state regulations with specific timelines for payment of medical bills. System links exist between EC payments are for compensable claims All medical provider payment disputes are handled by the MCR Unit. Key submissions include, w compensation State reporting, NCCI/URE reporting, Medicare & Medicaid reporting, and Excess Carrier reporting. Our claims handling instructions 83 developed for City of Ames would address quality control measures, review, cost control, City of Ames staff involvement and the general resource management. Pharmacy Benefit Management (PBM) Program injured workers within 3-5 days of notification When the injured worker uses the card, the pharmacy will bill the PBM The PBM pays the pharmacy The PBM bills ECS and provides a record for each claim file To initiate the program, the referral must be made through the PBM directly, either by ECS or the employer Advantages to using the program o Savings are contracted between PBM and pharmacies o The injured worker does not pay up front to fill prescriptions o ECS and the PBM have designated staff to handle questions or problems Medical Review Medical review with a chronological timeline includes a brief summary as described above but will also include a chronological summary of the medical records. When a file is lengthy or has complex medical issues, we will do a chronology of the pertinent medical records. This gives us a clear picture of the treatment, testing, statement of complaints, the consistency of the injured worker and the ongoing status of the medical condition. By documenting the information included on the bills in the chronological summary we can confirm documentation of a service provided, we can also determine if there are pertinent medical records not available in the file and we can determine if services unrelated to the claimed injury are included on the bill. Medical and Legal Report This report is very similar to the above medical review with chronological summary. The records with page numbers added will be organized and place in notebooks. The chronological summary will include notations of these corresponding page numbers. This review can be forwarded to our defense attorney. The medical/legal review not only decreases legal costs but also provides the attorney with access to a medical resource person. In addition to the medical records and bills, we ask the specific demands are provided and/or issues of the case. This will assist us in providing a more concise report directed towards the specific needs of our defense counsel. Depending on the needs of the defense counsel we will: Compile a notebook with records sorted by providers Provide a summary of medical costs by provider Create a timeline (chronology) of the medical records Provide a summary which includes a list of medical records not available which may be pertinent, point out discrepancies or questionable review findings Provide medical research related to the claimed injury/illness 84 List prescribed medications with a brief description The Medical Claims Consulting Staff are available to discuss the file medical issues with the defense attorney, to answer any questions, to discuss medical issues found in the medical research provided and/or to assist with compiling questions for deposition, etc. Utilization Management Utilization Management ensures appropriate, effective, quality health care services. Reviewers screen criteria to each case to assist in the evaluation of setting and the quality of care for the injured person. Medical Case Managers Medical Case Managers covering the State of Iowa all have received the Certified Case They are experienced in case management, nursing, and managed care. For case management outside of Iowa, ECS utilizes approved case management vendors. A Rehab Case Coordinator is available for Vocation Case Management and Life Care Planning. National Durable Medical Equipment National durable medical equipment providers supply equipment for injured workers. Through these vendors ECS will obtain prompt service and cost containment for all types of equipment and other services: Medical Equipment and supplies Electrotherapy Equipment Specialty Items Orthotics and Prosthetics Health Care Services and Ancillary Services Transportation Translation & Interpretation Medical Diagnostic Imaging and Physical Therapy Medical diagnostic imaging and physical therapy companies provide scheduling diagnostic tests and physical therapy for adjusters with the following benefits: Nationwide networks of imaging facilities and physical therapy providers Guaranteed scheduling time for injured workers is within 1-5 days of the referral Guaranteed written results to the adjuster in 1-2 days after the procedure Reduced administrative costs on claims Preferred Physician Program A designated preferred physician program is - claims. The Designated Physician Program shows an employer how to organize their response to an initial work injury/illness situation, as well as how to efficiently and quickly communicate needed information to ECS. The employer procedures prepare the claim for ECS handling based on immediate action and accurate information. 85 to do when an injury occurs. hours after the work injury by: Providing initial employee reporting procedures for a work injury or illness Collecting accurate information regarding the injury/illness Providing employees with prompt organized medical care Getting employers to report the initial injury to ECS Claims Adjusters in a timely and well-documented manner It is important to designate medical facilities based on quality and convenience to the employer and the employees. Controlling costs of medical claims is prefaced by good documentation and organized procedures at the first report of injury The Designated Physician program is one of the many ways in which ECS is helping Medical Claims Consulting The medical claims consulting team consists of nurses possessing degrees and the Licensed Nurse Consultant (LNCC) designation with the ability to help with w compensation claims. On Call Nurse An injured employee or their immediate supervisor can contact a nurse any time day or night. The employee speaks directly with a specially trained nurse who assesses the injury and recommends the best course of action for the injured worker. This proven process resolves many cases simply with first aid, avoiding unnecessary costs and time away from work. Medical Review A medical review includes a brief summary of the medical reports, answers to specific questions, it may include recommendations, an explanation of the medical problem and it may point out discrepancies in the file, prior conditions and their relationship to the claimed injury. The contents of the review will vary according to specific needs for the claim file and according to the findings on review. Loss Fund We can set up a payment system in several ways, but we suggest we analyze the payment frequency to determine the amount of an imprest fund. An escrow imprest amount is determined based on historical payment information for the City. The escrow imprest is pre- funded and reimbursed on a weekly or monthly basis, whichever fits your business needs best. Escrow imprest amount is recalculated bi-annually to ensure funds held are sufficient based on claim activity. Large payments are prefunded outside of the monthly escrow cash flow. Escrow balances are held in a checking account specifically held for TPA escrow funds. Your account would be reconciled on a monthly basis and all 1099 reporting and unclaimed property reporting 86 is managed by ECS. We can monitor and maintain the fund, which would be replenished at a pre-agreed upon schedule as payments are made. ECS may also access a bank account, if requested by the City of Ames, maintained by your organization to withdraw funds on a weekly or monthly basis to make benefit payments or settlement payments. We first provide a payment register statement to the authorized party showing the exact dollar amount to be requested from the account on the weekday of their preference and what amount is needed to replenish the account. Supporting documentation including, but not limited to, a payment register and financial register, Additional reports outside our standard system generated reports can be requested as needed. Loss allocation is developed into the tier structure so that all claim payments can be allocated back to the designated fund. Monthly reconciliations are completed and sent to the City of Ames and include, but are not limited to, beginning and ending balances, check register and a fund review summary. Any loss allocation reporting can be discussed and tailored to meet the reporting needs of the City of Ames and your internal accounting practices. Balance billing is not practiced at EMC Claims Solutions and is not allowed in Iowa. Loss Reports ECS offers a large selection of reports tailored to your business needs which are available for you to run, scheduled to you at prescribed times, or upon demand. Our goal is to be flexible and responsive; we will set up the claims software in a tier system to reflect the structure of your organization and report in the fashion best suited to provide whatever data you request. All data is stored on a secure network and is backed up daily to a separate server location. Any claim entered into the Filehandler system is available to query with either a Filehandler report either via our standard Filehandler reports or via Ad Hoc reporting. reporting capability, which means determine financial picture as of that day or any timeframe. The City of Ames tier structure will be setup to allow for separation of w compensation losses and Municipal Fire Police Retirement System losses. Furthermore, the tier structure will allow for allocation to department and loss fund coding. EC This custom dashboard is an effective tool to be used when analyzing risk and the costs associated with each injury within each department or tier level. This customized dashboard is delivered when signing on to the Filehandler system. 87 1 REQUEST FOR PROPOSAL NO. 2025-153 THIRD- AND MUNICIPAL FIRE AND POLICE RETIREMENT SYSTEM SCOPE OF SERVICES 1. OBJECTIVE The City of Ames (City), Iowa, is requesting proposals to provide Compensation Third- Compensation Program and the Municipal Fire and Police Disability and Injury Program. The Firm will provide all specified adjusting services for claims as well as all other required services, such as administrative, managed care, web-based claims/loss statistical information (RMIS) and banking/loss fund reconciliation. 2. BACKGROUND & OVERVIEW 2.1 The City is a full-service City employing approximately 600 full-time equivalent employees. These employees provide a varied range of services to the residents and visitors of the City. Employees range in classifications including professional, technical, administrative support, maintenance/repair, and public safety services. The City presently has a contract with a local clinic to provide occupational medical services for initial and follow-up care, including physical therapy. Exhibit A includes a historical May 1, 2015 until May 8, 2025. 2.2 -Party Administration 2.2.1 On-the-job injuries are an inherent injuries do occur, the Third-Party Administrator (TPA) will treat City employees with respect and professionalism when providing the required services. The TPA representatives will introduce themselves to the City employees during the initial communication after a claim has been received and shall provide clear information concerning the content, purpose, and schedule of future contacts to be made with that employee. The TPA representatives must make every reasonable effort to explain pertinent rights, regulations, and responsibilities to ultimate goal is to return the injured employee to work as soon as possible. 88 2 2.2.2 The City has been self-more than 20 years and has been utilizing a TPA since at least 2010. 2.3 Municipal Fire and Police Retirement System of Iowa (411) 2.3.1 The disability benefit program includes both non-job related and job-related disabilities. The program does not provide for partial disability or for a rated disability. 2.3.2 The provisions also provide for Temporary Disability Assistance. If a firefighter or a police officer has a medical condition which has, or is anticipated to last, for longer than sixty days (Temporary Disability), the retirement System is to be notified. Members receive full pay and allowances for a job-related temporary disability and will be paid for the City outside of the self-insured workers compensation program. The City is responsible for lifetime medical payments for injuries that result in permanent disability under the program. 3. GENERAL The basic scope of services is summarized as follows. The Firm will: 3.1 Provide Third-ensation and Municipal Fire and Police Retirement System, including but not limited to claims administration, medical management, loss fund management, temporary disability Compensation costs, and related services. 3.2 Be responsible for complying with all State and Federal rules, regulations, and laws relating to and required for compliance as a Third-Party Administrator for Self-Insured Plans/Employers such as the City of Ames, Iowa. This includes, but is not limited to: 3.2.1 Iowa Code 85 3.2.2 Iowa Code 86.11 and 86.12 3.2.3 Iowa Code 86.13 3.2.4 Iowa Code 87.11 89 3 3.2.5 Iowa Administrative Rule 879 sub-rules 3.1(1) and 3.1(2) 3.2.6 Federal Privacy Acts (HIPPA) 3.2.7 Iowa Code 411.15 3.3 The Firm shall have a web-based claims administration system and shall provide the City with access to said system for file review, email communications, or other purposes at no additional cost to the City. 3.4 Term of Contract 3.4.1 The current contract is in place through July 31, 2025. Services resulting from this Request for Proposal shall commence on August 1, 2025, and shall continue for eleven (11) months, through June 30, 2026, the end of the fiscal year. 3.4.2 The contract may be renewed for up to four subsequent one-year periods, from July 1-June 30, provided all of the following occur: 3.4.2.1 The Firm will provide the City with written notice of any proposed price adjustment for the subsequent year at least ninety (90) days prior to the anniversary date of the contract 3.4.2.2 The City will provide the Firm with a written agreement to renew the contract, with prices adjusted as mutually agreed, at least thirty (30) days prior to the anniversary date of the contract. 3.4.2.3 The City will provide the Firm with a written agreement for the renewal of the contract, at least thirty (30) days prior to the anniversary date of the contract. 3.5 Owner 3.5.1 The Owner is identified as the City of Ames, Iowa. 3.5.2 Manager. 3.6 All reports currently provided to the City are required from the Firm; refer to Section 6. The cost of reports shall be included in the fee structure and not considered an additional cost; the City of Ames will not pay any additional charges for reports. 90 4 3.7 All files shall remain the property of the City during and subsequent to the expiration of any contract or agreement and shall be returned to the City. Failure to comply shall constitute a breach of contract and be subject to damages and reimbursement for the cost of reconstruction of information. 3.8 Documents and furnished reports shall be provided in format acceptable to the City. 4. QUALITY REQUIREMENTS 4.1 personnel and management providing services under this contract shall be knowledgeable, trained, and certified or credentialed in their respective areas of expertise. The City reserves the right to conduct investigations as may be deemed necessary to ensure that competent personnel will be utilized in the performance of the work. 4.2 -effective -insured loss payments is to ensure the claims administrator hires and retains the appropriately qualified staff and assigns caseloads to ensure that all requests are handled in a timely and efficient manner. 4.3 The claims administrator shall have a full-service claims operation. The claims administrator shall be familiar with City of Ames policies and procedures and area medical providers to ensure efficient claims handling and to demonstrate value and respect for City employees. 5. GENERAL REQUIREMENTS 5.1 The City expects its Third-Party Administration Firm to treat City employees with respect and consideration when providing the required services. The TPA will introduce themselves and provide clear information concerning the content, purpose and schedule of future contracts to be made with the employees. The Firm must make every reasonable effort to explain pertinent rights, regulations, and responsibilities to the 5.2 Other than the filing of applications for self-insurance, the successful firm, at the option of the City, shall be required to: 91 5 5.2.1 Provide services on all claims occurring during the contract period and until six months after the termination of the contract, including renewals, extensions, or replacements thereof. 5.2.2 Provide all legally required reports for the contract period rendered and assist in assigning ratings to City job groups. 5.3 All claims data is the property of the City, and any data and media will be provided to the City upon request or upon termination of this agreement. 6. CLAIMS ADMINISTRATION The Firm shall be responsible for the following tasks: 6.1 6.1.1 Perform all of the administrative services required and shall control the disposition of all claims in accordance with applicable statutory and administrative notification requirements of the Iowa Code and the Iowa and procedures. 6.1.2 Review all notices of injury received from the City prior to the assignment to an adjuster approved by the City. 6.1.3 with applicable Workers' Compensation Law. The decision to deny a claim must first be discussed with and approved by the City. 6.1.4 Investigate each reported claim to the extent deemed necessary or at the request of the City. 6.1.5 Contact the injured worker within 24 hours of notice of injury. There shall also be periodic contact thereafter as deemed necessary for the type of claim filed. For example, a lost time claim would require a minimum of one contact weekly until the claimant has returned to work. 92 6 6.1.6 Subject to prior approval from the City of subcontractor selection, the Firm shall arrange for independent investigators, experts or other professionals when such action is necessary to properly process cases, assist in determining the status of disabled claimants, assist in preparation of litigated cases, or at the request of the City. 6.1.7 Payment will be made by the claims administrator from the loss fund as an allocated expense. 6.1.8 Assure, prior to payment, that all authorized medical bills associated with an approved claim comply with the medical fee schedule and/or discounted fee arrangements negotiated by or on behalf of the City. 6.1.9 Assist and support legal counsel selected or retained by the City in the preparation and defense of litigated cases and negotiations of settlements and provide periodic analytical or narrative reports of litigated cases to the City. Under no condition will a claim be settled without the express approval of the City. 6.1.10 Assist in arranging for rehabilitation or retraining of claimants in appropriate cases, as requested by the City. 6.1.11 Manager of all claims or losses meeting the excess carrier reporting criteria with all necessary information about the status of such claims or losses as determined or required by such insurers. 6.1.12 Pursue all possibilities of subrogation. 6.2 Claims Administration for Municipal Fire and Police Retirement System 6.2.1 Record the injury, review the incident, and provide recommendations regarding whether the injury is work-related. 6.2.2 Make medical payments. The City is responsible for lifetime medical costs for claimants that receive a medical disability. 6.2.3 Track medical payments. 93 7 6.2.4 Record the specific cause of the disability and monitor payment for the appropriate treatment. 6.3 Administrative Services The Firm shall perform the following administrative services: 6.3.1 Prepare all required Federal, State, and local filings. 6.3.2 Submit all required Federal, State, and local filings. 6.3.3 Perform loss management including but not limited to monitoring and reporting fund balance used to pay claims 6.3.4 Prepare and provide loss runs and other management reports as required herein. 6.3.5 Prepare and file, on behalf of the City, with the appropriate State agency, all -insurer. 6.3.6 Prepare, maintain, and file all records and reports as may be required by all legal authorities including, but not limited to, Federal, State, and local. 6.3.7 Prepare, maintain, and file statistical data, records, or reports as required by 6.3.8 compensation rating bureaus, including all data required for promulgation of the 6.3.9 Prepare and file any other reports as required by the City and State relating to claims experience and payments. 6.3.10 Submit quarterly requests to the excess carrier for all payments above each checks will be forwarded to the City and the amount recovered will be entered information system. 6.3.11 Maintain a file for each claim or loss including but not limited to medical reports, legal reports, cost data, and estimates of future liability on an individual claim basis which shall be available for review by the City or its authorized agents. 94 8 6.3.12 City. 6.4 Medical Management 6.4.1 Monitor treatment programs recommended by physicians or specialists by reviewing all reports prepared by treating or examining physicians, and by maintaining such contact as may be appropriate or at the request of the City to monitor any change of a claima their ability to work. 6.4.2 Recommend any courses of medical management which will expedite recovery and return to work of employees, and implement recommendations as approved by the City. 6.4.3 Assign City approved/selected nurse case managers on a case-by-case basis after Provider has the authorization to assign a nurse case manager for the initial visit pending contact and approval for continued use of a nurse case manager. 6.4.4 Coordinate the medical treatment of all claims by setting appointments and authorizing necessary physician referrals and treatments. 6.4.4.1 Review all medical restrictions placed on the employee and consult with Transitional Duty Team has identified appropriate transitional work. 6.4.4.2 Review return-to-work documentation from the treating physician and notify the Risk Manager of the date of return. Any concerns regarding the ability of the employee to perform the essential functions of their job based on the City of Ames job description should be communicated immediately to the Risk Manager. 6.5 Loss Fund Management 6.5.1 All claims, expenses and legal payments will be made by the Firm on checks drawn on a separate account set up by the City and funded monthly by the City in a manner agreed to by both parties. It is understood that all funds in this account are City funds and are to be returned to the City upon request or at termination of this contract. 95 9 6.5.2 The Firm is responsible for the monthly reconciliation of this account and shall provide bank statements to the City monthly. 6.5.3 The monthly reconciliation statement submitted by the Firm to the City will include the following: 6.5.3.1 Balance at inception of statement period. 6.5.3.2 Total disbursements which cleared, by date and claimant/payee. 6.5.3.3 Balance at close of statement period. 6.5.3.4 A list of all payments issued and outstanding. 6.5.4 Penalties required due to late payments or adjuster mishandling are to be paid by the Firm unless caused by late reporting from the City. 6.5.5 The Firm will reimburse the City for any penalties or fees generated due to the errors of the Firm, including but not limited to interest and penalties assessed for late benefit payments, overpayments, and bad faith claims. 6.6 Loss Data 6.6.1 The City will provide the Firm with historical claims data. This data shall not be purged and shall be returned to the City upon termination or expiration of the contract. 6.6.2 The Firm, at its expense, will ensure all claims and payment data is included in their loss run by the 10th day of the month following the claim. 6.6.3 Claims data for all open and closed claims shall be transferred from the database to the City database upon termination or expiration of the contract. 6.6.4 All notes recorded by the Firm will be included transfer to a successive claims administrator. 6.7 Loss Reports All loss reports are to be provided in electronic format by the Firm Representative. Reports shall include data for all claims active during the current fiscal year. 96 10 6.7.1 Reports shall be separated for Workers Compensation losses and Municipal Fire Police Retirement System losses. 6.7.2 Weekly Reports the date the claim was submitted to the carrier. 6.7.3 Monthly Reports 6.7.3.1 A report of claims, alphabetically by last name shall include Representative: 6.7.3.1.1. Claimant name. 6.7.3.1.2. Date of injury. 6.7.3.1.3. Status of claim. 6.7.3.1.4. Type of injury. 6.7.3.1.5. Type of claim. 6.7.3.1.6. Reserves (an estimate of future cost and total expected costs. 6.7.3.1.7. The amount and type of each payment made during the current period. 6.7.3.1.8. Total paid during the period for the claimant. 6.7.3.1.9. Grand total of all claims paid during the period. 6.7.3.2 A report of claims by City department number shall include the Representative and including the above information plus a total amount paid during the period for each department. 6.7.3.3 A monthly cumulative report by claimant by department shall include Representative: 6.7.3.3.1. Claimant name. 6.7.3.3.2. Date of injury. 6.7.3.3.3. Status of injury. 6.7.3.3.4. Type of injury. 6.7.3.3.5. Type of claim. 6.7.3.3.6. Reserves. 6.7.3.3.7. Amount paid fiscal year-to-date for each claim. 6.7.3.3.8. Amount paid claim-to-date. 6.7.3.3.9. Total amount paid fiscal year-to-date by department. 6.7.3.3.10. Grand total amount paid fiscal year-to-date. 97 11 6.7.3.4 Monthly check register indicating the date, amount, associated claim reference, and payee. 6.7.3.5 attorney paid, description of work performed, reserves recommended, and settlement date (if applicable). 6.7.3.6 OSHA 300 log. 6.7.3.7 Compensation claims that involve no payment or no medical treatment. This data shall be reported and included in the database as reporting purpose only (RPO), or first aid or no pay cases and should be identified in the system in that way. Information is recorded in the same manner as an active claim with the date of the incident, claimant name, department, and type of injury. 6.7.3.8 Report on large loss claims ($20,000 plus). 6.8 Quarterly Loss Reports Every 90 days, on a schedule as agreed, the Provider shall submit a full summary report to the City on all claims of the following types: 6.8.1 Any claim in which an employee is not working full duty. 6.8.2 Claims in which settlement (washout) is recommended. 6.8.3 Annual Reports: 6.8.3.1 Cumulative report by type of claim (medical only, lost time) of coverage for each fiscal year. 6.8.3.2 Summary report of claims paid by medical only, lost time, open claims, reserves for each fiscal year. 6.8.3.3 For each fiscal year period and for each calendar year: 6.8.3.3.1. The total number of claims or losses by department and city wide. 6.8.3.3.2. A summary of medical and indemnity payments by department and city wide. 6.8.3.3.3. Estimated future costs and total costs by department and city wide. 6.8.3.3.4. Number of open and closed claims by department and city wide. 6.8.3.3.5. Detail of medical bill savings and charges. 98 12 6.8.3.3.6. Any other data deemed necessary by the City to comply Commission requirements. 6.9 Subrogation Reports 6.9.1 On a semi-annual basis, or as specifically requested by the City, a report shall be provided of all claims for which the claims administrator has pursued (whether successfully or not) subrogation, contribution or indemnity or recovery from special or second injury funds on behalf of the insured. In addition to the data specified in the Basic Report, as applicable, the report should include the following: 6.9.1.1 Name of claimant. 6.9.1.2 Date of injury. 6.9.1.3 Type of injury. 6.9.1.4 Amount paid claim-to-date. 6.9.1.5 Name of party from whom recovery is sought. 6.9.1.6 Basis for recovery. 6.9.1.7 Amount recovered to date. 6.9.1.8 Estimated amount yet to be recovered. 7. COST OPTIONS AND METHODS 7.1 The successful fee shall include full consideration for such continuing obligations and, except for as noted herein, no additional consideration shall be due for such obligations which extend beyond the contract period. 7.1.1 Medical review bill shall be shown as a percentage of savings with a cap of $10,000 per medical bill. 7.2 All charges related to the Work are to be included in the annual claims administration fee. 7.3 Any costs associated with programming changes that are necessary to create a report required by the City are the responsibility of the TPA. 99 717 Mulberry St. | Des Moines, IA 50309 | P.O. Box 9399 | Des Moines, IA 50306-9399 |P 515.345.4532 |P 800.741.5302 | F 866.504.6598 | www.emcins.com Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LLC EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate) EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC June 4, 2025 SERVICE FEE SCHEDULE 2025 Workers Compensation – City of Ames Claim Fees Claim Fees shall be effective as of the Effective Date, 8-1-25, for 11 months and annually thereafter on 7-1, or upon the agreed established date. PRICING REVISIONS PER RENEWAL City of Ames agrees to pay EMC Claims Solutions the following fees: Workers Compensation Claims: Incident Only $35 per report Medical Only $260.00 Indemnity $1,142.00 Medical Case Management $115.00 /hour $.56 /mile + reasonable expenses Legal Nurse Review $128.00 /hour Medical Bill Review and Pharmacy Benefit Management: PPO Network Utilization and audit of all bills by nurses in our Medical Cost Review Unit for optimal savings and network reductions on every medical bill. Also, the Pharmacy Benefit Management network provides both savings and clinical management of prescription drug costs for your injured workers. Per bill fee 9.50 Bill Review 30% of savings PPO 30% of savings - Capped at $10,000 100 717 Mulberry St. | Des Moines, IA 50309 | P.O. Box 9399 | Des Moines, IA 50306-9399 |P 515.345.4532 |P 800.741.5302 | F 866.504.6598 | www.emcins.com Employers Mutual Casualty Company Illinois EMCASCO Insurance Company Union Insurance Company of Providence EMC Underwriters, LLC EMCASCO Insurance Company Dakota Fire Insurance Company Hamilton Mutual Insurance Company EMC National Life Company (affiliate) EMC Reinsurance Company EMC Property & Casualty Company EMC Risk Services, LLC Miscellaneous Fees: On-line Claim Reporting/Administration (includes banking, accounting and fund management) Annual Administration/Reporting: $5,200.00 Additional users: $ 300.00 Risk Improvement $ 220.00 /hour Subrogation: 18% of recovery OSHA 300 Reporting $2650 Annually Approved on _____________ by: EMC Claims Solutions By: Barbara A. Sullivan, CPCU President and Chief Operating Officer EMC Claims Solutions City of Ames, Iowa By: _____________________________ _____________________________ 101 ITEM #:14 DATE:07-08-25 DEPT:FLEET SUBJECT:OILS, LUBRICANTS, AND FLUID ANALYSIS CONTRACT FOR FLEET SERVICES AND CYRIDE COUNCIL ACTION FORM BACKGROUND: Fleet Services and CyRide currently purchase oil and lubricants from a single contract. Oils and lubricants are purchased to replenish Fleet Service’s parts inventory, which is then available for servicing City vehicles and equipment as needed. The departments that use the oils and lubricants from Fleet are billed accordingly as a pass-through cost. CyRide, however, maintains its own inventory of required oil and lubricants to maintain its vehicles. On June 28, 2022, City Council awarded a contract for the purchase of oils, lubricants, and fluid analysis to Diamond Oil Company of Des Moines, Iowa. The initial contract period was from July 1, 2022 through June 30, 2023. The contract also offered an optional annual renewal for up to four additional years for a total maximum of 5 years. Combining oil and lubricant purchases allows Fleet Services and CyRide to leverage the combined volumes to receive more favorable pricing. This contract also includes oil analysis kits to assist staff with properly maintaining vehicles. On February 1, 2025, Diamond Oil Company was acquired by Heritage Petroleum, LLC of Evansville, Indiana. As a result of this transition, the contract is now being fulfilled by Heritage Petroleum. All products provided under the contract continue to meet City requirements and specifications. Specifically, the oils, lubricants, and fluid analysis kits being supplied by Heritage Petroleum are either the exact same products previously provided by Diamond Oil or equivalent items that have been reviewed and approved by Fleet Services and CyRide for continued use. Heritage Petroleum continues to operate from the same service location in Ames, Iowa, where the City has historically received its deliveries and support, ensuring continuity in both product availability and service. Staff is recommending approval of Year Four of the contract with Heritage Petroleum for July 1, 2025 through June 30, 2026. The vendor has implemented a 4% price increase for the upcoming contract period. The Fleet Services operating budget estimates $15,300 for the purchase of oils, lubricants, and fluid analysis in FY 2025/26, and the CyRide operating budget estimates $34,000 for these services. ALTERNATIVES: 1. Award Year Four of a possible 5-year contract for the purchase of oils, lubricants, and fluid analysis to Heritage Petroleum of Evansville, IN, in accordance with unit prices bid, for fiscal year 2025/26. 2. Do not award a contract and direct staff to solicit new bids for the purchase of oils, lubricants, and fluid analysis. 102 3. Do not award a contract and direct staff to obtain oils, lubricants, and fluid analysis on an as-needed basis. CITY MANAGER'S RECOMMENDED ACTION: Combining the purchase of oil, lubricant, and fluid analysis kits for Fleet Services and CyRide allows the City to leverage the combined volumes to receive more favorable pricing. This approach realizes the lowest possible cost to the City, while ensuring that equipment needs are available when needed. Therefore, it is the recommendation of the City Manager to approve Alternative No. 1, as described above. 103 ITEM #:15 DATE:07-08-25 DEPT:W&PC SUBJECT:WATER POLLUTION CONTROL FACILITY THREE-YEAR BIOSOLIDS HAULING CONTRACT COUNCIL ACTION FORM BACKGROUND: The City of Ames Water Pollution Control Facility (WPCF) produces approximately 30,000 gallons of Class II biosolids each day. Throughout the year, biosolids are stored in the facility’s biosolids storage lagoon and secondary digester and ultimately disposed of by land application as fertilizer on City-owned farm ground directly adjacent to the WPCF. The bulk of the land application occurs in the fall after crops have been harvested; however, some land application is performed throughout the year to maintain adequate storage capacity. Primary hauling in the fall is conducted by a contracted hauler and periodic hauling throughout the year is performed by City staff. On June 10, 2025 City Council accepted completion of the 2024/25 Biosolids Disposal Contract, which then expired on June 30, 2025. On May 15, 2025, a request for proposals was issued for a new three-year Biosolids Hauling Contract. The work was bid on a unit price basis, as the exact number of gallons disposed may vary from year to year. On Friday, June 5, 2025, two bid submittals were received as follows. Bidders Lagoon Cleaning Digester Cleaning Total Bid Amount Mobilization/ Demobilization Unit Price per Gallon (based on 2,500,000 gallons) Mobilization/ Demobilization Unit Price per Gallon (based on 175,000 gallons) Midwest Injection, Inc.$5,000.00 $0.0269 $5,000.00 $0.14 $101,750.00 Wulfekuhle Injection & Pumping $5,000.00 $0.0225 $5,000.00 $0.10 $83,750.00 Both bidders provided fixed pricing across all three years of the contract with no annual cost escalator in the second or third years. The adopted FY 2025/26 operating budget includes $115,000 for this work. Award of the second and third years of the contract will be made annually based on satisfactory performance of the contractor and on the appropriation of funding. Based on the total bid amounts presented above, staff recommends that an award be made to Wulfekuhle Injection & Pumping. Wulfekuhle held the prior contract, and performed acceptably. Because the work takes place in a very short window each fall, staff 104 is recommending that the award include a “not to exceed” amount that is higher than the budget amount. The rationale for this unusual step is that it would not be possible to obtain Council approval for a change order on short notice if one was necessary during the fall hauling window. Staff is recommending that the contract’s not-to-exceed amount be 25% higher than the contract amount, or $104,687.50 for FY 2025/26. ALTERNATIVES: 1. Award the FY 2025/26 contract for biosolids disposal to Wulfekuhle Injection & Pumping of Peosta, Iowa, with payment based on the unit prices bid of $5,000 per mobilization/demobilization, $0.0225 per gallon for annual lagoon biosolids hauling operations, $0.10 per gallon for annual digester biosolids hauling, and with the total contract amount not to exceed $104,687.50. 2. Award a contract to the other bidder. 3. Do not award a contract and direct staff to obtain spot market pricing for biosolids disposal. 4. Do not award a contract for biosolids and direct staff to purchase the additional equipment necessary to perform the work with City staff. CITY MANAGER'S RECOMMENDED ACTION: Disposal of biosolids at the WPC Facility is necessary for uninterrupted operation of the facility and continued compliance with the facility’s permit. Wulfekuhle Injection & Pumping successfully completed the prior 3-year Biosolids Hauling Contract, and has been determined to be the lowest responsive, responsible bidder for the next contract. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 105 ITEM #:16 DATE:07-08-25 DEPT:W&PC SUBJECT:AMENDED 28E FUNDING AGREEMENT ASSOCIATED WITH STORY COUNTY EDGE OF FIELD PROJECT COUNCIL ACTION FORM BACKGROUND: The Water Pollution Control Facility (WPCF) is being converted to a nutrient removal treatment technology. Separate from the work that will occur inside the treatment plant, watershed-based improvements performed by the City can be “banked” as credit toward any future, more stringent nutrient reduction regulations imposed on the WPC Facility. On February 24, 2021, staff executed a Memorandum of Understanding with the Iowa Department of Natural Resources to allow these off-site nutrient reductions to be banked with the Iowa Nutrient Reduction Exchange. Over the past four years, staff has developed a partnership with multiple entities to bundle together Edge-of-Field (EOF) practices that can be bid as a single bid package. The first bid package of the project resulted in 22 tile outlets being treated by either saturated buffers or bioreactors. The second bid package is currently under construction and will treat 18 tile outlets. A third bid package is being prepared and has plans for treating an additional 29 tile outlets. These practices allow natural removal of nitrogen from subsurface drainage before it enters a stream or other surface waters. Thus far, all work that has been completed, started, and planned for has occurred in Story County. The success of the project is due in large measure to the collaboration between City staff, Story County, Story County Conservation, Story County Soil & Water Conservation District (SWCD), and the Iowa Department of Agricultural and Land Stewardship (IDALS). Staff from the Water & Pollution Control Department plans to continue working in collaboration with these groups to develop an annual project involving 20 to 30 installations, each treating tile drainage from fields ranging in size from 20 to 100 acres. The City of Ames acts as the fiscal agent for the Edge of Field Project. This includes receiving funds from the different partners, procuring necessary temporary easements, and then contracting for the work to be performed. Funding for this project consists of 75% reimbursement from IDALS and 25% split equally between the City and Story County. The estimated cost for the City’s share is $50,000 which will come from the Watershed Based Nutrient Reduction Capital Improvements Project, which sets aside $100,000 per year for watershed-based projects. Currently, the EOF project has been limited to work occurring in Story County. The Skunk River watershed extends into Hamilton County, and it is possible for the City to extend the EOF project into Hamilton County and “bank” the nutrient reduction credits created with the Iowa Nutrient Reduction Exchange. While there are no immediate plans to expand the project into Hamilton County, City staff and IDALS have discussed the possibility of pursuing opportunities within Hamilton County when they present themselves. For that reason, Hamilton County Soil & Water Conservation District is a signatory to the 28E Agreement. 106 To facilitate the continuation of the EOF project, the 28E Agreement already in place between the City of Ames, the Iowa Department of Agricultural and Land Stewardship – Division of Soil Conservation and Water Quality, the Story County Soil & Water Conservation District, and the Hamilton County Soil & Water Conservation District needs to be extended beyond the current term ending June 30, 2025. City staff has coordinated with each entity to review the agreement which would extend the term to June 30, 2028. The agreement (attached) has been finalized and is now ready for approval by City Council. With assistance from the 28E partners, sites in Story and Hamilton County will be evaluated for their suitability for the project and the landowners will be educated about the EOF project. Each landowner that participates will be required to sign a 10-year maintenance agreement and allow temporary access to their property during construction, for which they will be compensated. The attached 28E Agreement has already been signed by both the Story County and Hamilton County Soil and Water Conservation Districts. Once the City has executed the agreement, it will be forwarded to IDALS for the final signatures. ALTERNATIVES: 1. Approve a third amendment to the 28E Agreement for fiscal agent assistance with the Iowa Department of Agriculture and Land Stewardship – Division of Soil Conservation and Water Quality (IDALS), City of Ames, Story County Soil & Water Conservation District, and Hamilton County Soil & Water Conservation District. 2. Do not approve the amended 28E Agreement. Without the agreement, the City would then be responsible for enforcing the maintenance agreements, would not have access to information essential for the design of the practices, and would not be eligible for the 75% reimbursement from IDALS. CITY MANAGER'S RECOMMENDED ACTION: The Ames Water Pollution Control Facility is being converted to a nutrient removal treatment technology. To mitigate future investment beyond what is already planned for, watershed- based projects can be performed, and the resulting nutrient reduction credits can be banked. Following project completion, the City will register each of these practices and receive annual nutrient reduction credit for the lifespan of each practice. Continuation of the Edge of Field Project will allow for additional nutrient reduction credit poss ib ili t ie s. To increase the effectiveness of the program, staff has negotiated an amendment to the existing 28E Agreement with the Iowa Department of Agriculture and Land Stewardship – Division of Soil Conservation and Water Quality (IDALS), City of Ames, Story County Soil & Water Conservation District, and Hamilton County Soil & Water Conservation District. This gives City staff access to technical resources, long- term maintenance assistance, and additional funds to complete the work. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 107 ATTACHMENT(S): IDALS-Ames 28E Agreement Amendment 3-FINAL DRAFT.docx 108 1 Preparer: Matt Lechtenberg, Water Quality Initiative Coordinator, PH: (515)-285-3857 Iowa Department of Agriculture & Land Stewardship Henry A. Wallace Bldg., 502 E. 9th Street, Des Moines, IA 50319-0050 Return to: Matt Lechtenberg, Iowa Department of Agriculture & Land Stewardship Henry A. Wallace Bldg., 502 E. 9th Street, Des Moines, IA 50319-0050 THIRD AMENDMENT TO 28E AGREEMENT FOR FISCAL AGENT ASSISTANCE BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP – DIVISION OF SOIL CONSERVATION AND WATER QUALITY; CITY OF AMES; HAMILTON COUNTY SOIL AND WATER DISTRICT; AND STORY COUNTY SOIL AND WATER CONSERVATION DISTRICT FOR THE CENTRAL IOWA EDGE OF FIELD PROJECT Pursuant to Sections II (Term) and XI (Amendment), this Amendment extends the term of the 28E Agreement entered into on January 31, 2022, by the Division of Soil Conservation and Water Quality, the City of Ames, and the Story County Soil and Water Conservation District from June 30, 2025, to June 30, 2028. This Amendment does not otherwise affect the Agreement or its terms, and the Agreement may be further extended or otherwise amended only upon written agreement of all parties on terms stated therein. This Amendment is valid upon signature of all parties once filed in an electronic format with the Secretary of State as required by Iowa Code section 28E.8(1)(b) (2021). 109 2 IN WITNESS WHEREOF, and in consideration of the mutual covenants set forth here in and for other good and valuable consideration, the receipt, adequacy, and legal sufficiency of which are hereby acknowledged, the parties have entered into this 28E Agreement and have caused their duly authorized representatives to execute this 28E Agreement. DIVISION OF SOIL CONSERVATION AND WATER QUALITY BY: DATE: __________________________ Grant Menke, Deputy Secretary of Agriculture Iowa Department of Agriculture & Land Stewardship This instrument was acknowledged before me on the day of , 2025, by Grant Menke, Deputy Secretary of the Iowa Department of Agriculture & Land Stewardship. Notary Public in and for the State of Iowa 110 3 CITY OF AMES, IOWA IN WITNESS THEREOF, THE CITY OF AMES, IOWA has caused this 28E Agreement to be executed on the _____ day of __________________, 2025. By: ____________________________ Attest: ____________________________ John A. Haila, Mayor Renee Hall, City Clerk STATE OF IOWA ) ) ss: COUNTY OF STORY ) On this _____ day of _____________________, 2025, before me, a Notary Public in and for said County, personally appeared John A. Haila and Renee Hall to me personally known, and who being duly sworn, did say that they are the Mayor and City Clerk, respectively of the City of Ames, Iowa, created and existing under the laws of the State of Iowa, and that the seal affixed to the foregoing instrument is the seal of said City, and that said instrument was signed and sealed on behalf of said City by authority and resolution of its City Council as contained in Resolution No.__________ adopted on ________________, 2025, and said Mayor and City Clerk acknowledged said instrument to be the free act and deed of said City by it voluntarily executed. _________________________________ Notary Public in and for the State of Iowa 111 4 STORY COUNTY IOWA SOIL AND WATER CONSERVATION DISTRICT BY: DATE: Chair Story County Soil and Water Conservation District This instrument was acknowledged before me on the day of , 2025, by ____________________, Chair of the Story County Iowa Soil and Water Conservation District Notary Public in and for the State of Iowa 112 5 HAMILTON COUNTY IOWA SOIL AND WATER CONSERVATION DISTRICT BY: DATE: Chair Hamilton County Soil and Water Conservation District This instrument was acknowledged before me on the day of , 2025, by ____________________, Chair of the Hamilton County Iowa Soil and Water Conservation District Notary Public in and for the State of Iowa 113 ITEM #:17 DATE:07-08-25 DEPT:PW SUBJECT:PRAIRIE VIEW INDUSTRIAL CENTER UTILITY EXTENSION PROJECT COUNCIL ACTION FORM BACKGROUND: The Prairie View Utility Extension Project consists of the extension of water and sanitary sewer mains to the recently annexed area east of Interstate 35 (I-35). The design included a water main and a gravity sewer main to be installed between I-35 and Potter Avenue (formerly 590th), a force sanitary sewer main to be installed from Teller Avenue (formerly 580th) to west of Freel Drive, and the construction of a sewer lift station. Most of this new area to be served by City utilities east of I-35 has been certified by the Iowa Economic Development Authority as the Prairie View Industrial Center. On May 12, 2021, City Council awarded the Prairie View Industrial Utility Project to Keller Excavating Inc. of Boone, Iowa, in the amount of $6,168,791.40. Change Order 1, is a contract deduct of $206.40 that was administratively approved by staff on January 13, 2022. On August 9, 2022, City Council approved Change Order 2 in the amount of $2,210,255.72. This change order allowed for the construction of water and sanitary sewer from Teller Avenue to Potter Avenue. The change order allowed for this work to take place during the winter and spring 2023. On December 20, 2022, City Council approved Change Order 3 in the amount of $337,280. This change was to allow for the construction of sanitary sewer through a section of the project where conflicts were found due to the alignment of City of Nevada’s raw water line. Change Order 4 (this Council action) is the balancing change order that reflects modifications in the field for sanitary sewer quantity placed, full depth street replacement, seeding and other bid item under and over runs based on final field measured quantities resulting a project deduct of $298,239.42 . Change Order 5 (this Council action) is a deduction change order in the amount of $147,984.88. This amount was negotiated with Keller Excavating after the balancing change order. After installation, it was determined that the sanitary sewer has eight locations in which the sewer alignment deviates more than allowed by the specifications. These deviations have resulted in sags that, in the opinion of the City's consultant (WHKS), will minimally reduce the pipe capacity, but are expected to require more frequent jetting and cleaning to maintain flows. This will increase future operating costs for the utility. The pipe, at some locations, is as deep as 30 feet below grade, which makes permanently resolving these issues challenging. Attempting to dig and repair the main is likely to further exacerbate the misalignments, cause damage to adjacent property, and leave the main out of service. It is not guaranteed that such an effort would be successful. 114 Separately, during the installation of the sewer main, Keller Excavating operated outside of the areas where temporary construction easements had been secured, resulting in crop losses for the adjacent property owner and tenant farmer. The City negotiated a settlement on its own behalf with both the tenant and the property owner in the total amount of $41,200. The City Council approved this settlement in March of 2025. City staff attributed a portion of the settlement amount ($3,500) to the project, due to changes in the market price of grain from the time prior to construction when an anticipated crop damage payment was paid compared to the market price at the time the actual losses occurred. The remainder, $37,700, is the responsibility of Keller Excavating as a result of operating outside the agreed-upon temporary easement areas. City staff and WHKS have calculated the performance loss in the sewer main to be valued at $110,284.88. To account for the $37,700 settlement and the loss of performance of the sewer main due to installation issues, City staff and Keller Excavating have negotiated a deduction of $147,984.88. The expenses and revenues for this project are as follows: Funding Source Revenue Expenses G.O. Bonds $4,300,000 EDA Grant 1,500,000 ARPA Funds 3,167,089 24/25 Sanitary Sewer Fund 28,073 Awarded contract Amount $6,168,791.40 Change Order No. 1 (206.40) Change Order No. 2 2,210,255.72 Change Order No. 3 337,280.00 Change Order No. 4 (this action) (298,239.42) Change Order No. 5 (this action) (147,984.88) Final Contract Amount 8,269,896.42 Engineering and Administration 1,382,728.28 Totals $10,003,808 $9,652,624.70 Excess revenue will be returned to the Sewer and Water Utility funds City staff, in partnership with Ames Chamber of Commerce and Economic Development Administration (EDA), applied for a federal economic development grant for this project. The grant was awarded in the amount of $1,500,000 from EDA. City Council approved the grant award on April 27, 2021. Two reimbursement requests have been completed to date for a total of $1,350,000. With the City Council's final acceptance of this project, staff will now begin the closeout process with the EDA for the final reimbursement of 115 $150,000. ALTERNATIVES: 1. The City Council can do the following: a. Approve Change Order No. 4 for the Prairie View Industrial Center Utility Extension Project in the deduction amount of $298.239.42 b. Approve Change Order No. 5 for the Prairie View Industrial Center Utility Extension Project in the deduction amount of $147,984.88 c. Accept Prairie View Industrial Center Utility Extension Project as completed by Keller Excavating of Boone, Iowa, in the amount of $8,269,896.42 2. Direct staff to pursue modifications to the project. CITY MANAGER'S RECOMMENDED ACTION: The project is now complete and the remaining performance issues and settlements with adjacent property owners have been finalized. Approving these change orders and finalizing the project will allow for final reimbursement and closeout with the EDA. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. 116 ITEM #:18 DATE:07-08-25 DEPT:W&PC SUBJECT:NORTH RIVER VALLEY WELL FIELD AND PIPELINE PROJECT CHANGE ORDER #4 COUNCIL ACTION FORM BACKGROUND: On April 11, 2023, Council awarded a contract to Keller Excavating, Inc. in the amount of $10,200,955.80 for construction of a new well field. During the progress of the contract, three change orders have been processed. A fourth change order is ready for Council authorization. This fourth change is for the placement of 194 square yards of additional asphalt requested by Parks and Recreation to widen the access drive and shared use path in South River Valley Park, and the access drive in North River Valley Park, for a total of $47,336. The cost of the change order will be deducted from the available project contingency. The updated project budget, including Change Order #4, is as follows. Funding Sources Project Expenses Drinking Water State Revolving Loan 12,161,000 Test Drilling 124,005 Engineering, Admin, Legal 725,272 Land 111,038 Construction Original Contract 10,200,956 Change Order #1 30,125 Change Order #2 228,565 Change Order #3 (17,305) Change Order #4 (This action) 47,336 Geotechnical Services 14,839 Programming Services 36,225 Archaeological Services Contract 1 Original Contract 22,773 Contract 1 Change Order 1 35,240 Contract 2 134,924 Available Contingency 467,007 Project Totals 12,161,000 12,161,000 Staff is still working with the contractor on a large deduct change order to remove one of the three wells from the project's scope of work. 117 ALTERNATIVES: 1. Approve Change Order #4 with Keller Excavating, Inc. in the amount of $47,336, bringing the revised total contract amount to $10,489,676.95. 2. Do not approve the change order at this time. CITY MANAGER'S RECOMMENDED ACTION: The increased asphalt was requested by the Parks and Recreation Department to provide wider access for the public into the River Valley Park recreation areas. Funding for the change will come from the available balance in the project contingency. Therefore, it is the recommendation of the City Manager that the City Council approve Alternative #1 as described above. ATTACHMENT(S): CO 4 - Keller HDR Signed.pdf 118 CHANGE ORDER NO.:4 Owner's Project No.: Owner: City of Ames W2020-0437 Engineer's Project No.: Engineer: HDR, lnc. 10040876 Contractor's Project Ames WPC Contractor: Keller Excavating, lnc. No.: Raw Project:Ames Raw Water Pipeline & Electrical Contract Name: Bid No, 2023-L22 Date lssued: April11,2023 Effective Dateof ChangeOrder: 5/5/25 The Contract is modified as follows upon execution of this Change Order: Description: Item 1: Modify Division 2, Bid ltem No. 34, to increase the quantity by 194 square yards to account for additional asphalt surface restoration. This includes repairs tothe access drive and shared use path south of 13th Street related to fiber and electrical work, as well as the entrance to the soccer fields north of 13th Street. Add 547,336.00. Attachments: Attachment 1 - Map of Additional Asphalt Surface Restoration Change in Contract Tmes Recommended by Engineer (if required) Accepted by Contractor By: Geesman,Ashley fE'"]-'"-.:*= -J.:.ilL/..t-,,t t1.. 1,,' .1 .r..,,i,,,::,, t BCDCo C-941, Change Order BCDC@ C-941, Change Order, Rev.l. Copyright@ 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers, All rights reserved. Page 1 of 2 in Contract Price Change in days Original Contract Price: s 10,200,955.80 Origi nal Contract Times: Substantial Completion: September 27, 2024 Ready for final payment: I ncrease from previously app roved Chan ge O rde rs No. 1,2,&3 s 241,385.15 lncrease from previously approved Change Orders Substantial Completion: 84 days Ready for final 62 daysafter substantial payment: completion Contract Price prior to this Change Order: 5 10,442,340.95 Contract Times prior to this Change Order: Substantial Completion: December 20th, 2024 Ready for final February 20th,2025 payment: lncrease this Change Order: s 47,336.00 No Change this Change Order: Su bstantial Completion: Ready for final payment: Contract Price incorporating this Change Order: s 10,499,676.95 Contract Times with all approved Change Orders: Substantial Completion: December 20th, 2024 Ready for final February 20th,2025 payment: 119 Title: Project Engineer Date: 5112125 Authorized by Owner Approved by Funding Agency (if applicable) By: Title: Date: ECDC@ C-941, Change Order gCDC@ C-941, Change Order, Rev.1, Copyright@ 2018 National Society of Professional Engineers, American Council of Engineering Companies and American Society of Civil Engineers. All rights reserved. Page 2 ol 2 120 ITEM #:19 DATE:07-08-25 DEPT:PW SUBJECT:2022/23 AIRPORT IMPROVEMENTS PROGRAM (SOUTH APRON REHAB) COUNCIL ACTION FORM BACKGROUND: The Airport Improvements Program in the Capital Improvement Plan (CIP) provides for projects that are included in the Federal Aviation Administration (FAA) approved Airport Master Plan. Rehabilitation of the South Apron was included in the FY 2022/23 Airport Improvements CIP Program. On April 25, 2023, City Council awarded a contract to Con-Struct, Inc. for the work in the amount of $1,251,705. Change Order No. 1 required no additional funding, however it added requirements for Targeted Small Business (TSB) participation. Change Order No. 2, in the amount of $13,888.60, was administratively approved by staff and addressed gate and fencing revisions required during construction operations. Change Order No. 3, in the amount of $21,866, was also administratively approved by staff to cover changes to the work to further address airport operational needs. Change Order No. 4 (This Action), is the balancing change order for the project, a deduction in the amount of ($35,531.35). This change order reflects final field installed quantities. Because the sum of the absolute values of all of the project change orders exceeds $50,000, approval by City Council is required. The table below shows project revenue and expenses: Revenues Amount Expenses Amount Federal $1,181,000.00 Design $77,000.00 State $129,600.00 Inspection $107,700.00 Airport Improvements Fund (Est.)$154,328.25 Inspection – CO #1 $28,300.00 Construction (Original Contract)$1,251,705.00 Construction – CO#1 (TSB Requirements)$0.00 121 Construction – CO#2 (Fencing & Gate Changes) $13,888.60 Construction – CO#3 (Additional Work)$21,866.00 Construction – CO#4 (Final Quantity Reconciliation) ($35,531.35) Total $1,464,928.25 Total $1,464,928.25 Revenues Amount Expenses Amount ALTERNATIVES: 1. Approve Change Order #4, a reduction in the amount of ($35,531.35). 2. Direct Staff to make modifications to the project. CITY MANAGER'S RECOMMENDED ACTION: Change Order No. 4 represents the final reconciliation of actual field quantities and must be completed prior to the engineer ’s final statement of completion in accordance with FAA and State grant requirements. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): 128665-Change Order 4 - Final (Quanity Reconciliation)-Signed SH JR.pdf 122 06/24/2025 123 4 Previous Bid / C. O. Quantity Unit Unit Price Previous Bid / Chg. Order Cost Final Quantity Final Cost Quantity Change Cost Change BASE BID Div 1 - Item 1 .500 LF $5.60 $2,800.00 401.00 $2,245.60 (99.00)$(554.40) Div 1 - Item 2 .500 LF $1.50 $750.00 401.00 $601.50 (99.00)$(148.50) Div 2 - Item 3 .500 LF $0.15 $75.00 0.00 $- (500.00)$(75.00) Div 1 - Item 4 .1 LS $2,050.00 $2,050.00 1.00 $2,050.00 0.00 $- Div 1 - Item 5 .1 LS $95,000.00 $95,000.00 1.00 $95,000.00 0.00 $- Div 1 - Item 6 .1 LS $20,000.00 $20,000.00 1.00 $20,000.00 0.00 $- Div 1 - Item 7 .1 LS $11,850.00 $11,850.00 1.00 $11,850.00 0.00 $- Div 1 - Item 8 .40 SY $35.00 $1,400.00 54.60 $1,911.00 14.60 $511.00 Div 1 - Item 9 .5800 SY $10.00 $58,000.00 5,673.00 $56,730.00 (127.00)$(1,270.00) Div 1 - Item 10 .1350 CY $20.00 $27,000.00 1,350.00 $27,000.00 0.00 $- Div 1 - Item 12 .200 CY $50.00 $10,000.00 0.00 $- (200.00)$(10,000.00) Div 1 - Item 13 .5600 SY $8.00 $44,800.00 5,521.00 $44,168.00 (79.00)$(632.00) Div 1 - Item 14 .260 TON $260.00 $67,600.00 215.91 $56,136.60 (44.09)$(11,463.40) Div 1 - Item 15 .5650 SY $10.50 $59,325.00 5,574.70 $58,534.35 (75.30)$(790.65) Div 1 - Item 18 .5550 SY $95.00 $527,250.00 5,470.60 $519,707.00 (79.40)$(7,543.00) Div 1 - Item 20 .120 SF $38.00 $4,560.00 120.00 $4,560.00 0.00 $- Div 1 - Item 23 .1100 LF $45.00 $49,500.00 992.30 $44,653.50 (107.70)$(4,846.50) Div 1 - Item 24 .7 EA $4,100.00 $28,700.00 9.00 $36,900.00 2.00 $8,200.00 Div 1 - Item 25 .1 LS $14,000.00 $14,000.00 1.00 $14,000.00 0.00 $- Div 1 - Item 26 .300 LF $11.00 $3,300.00 276.00 $3,036.00 (24.00)$(264.00) Div 1 - Item 29 .300 LF $12.30 $3,690.00 247.00 $3,038.10 (53.00)$(651.90) Div 1 - Item 30 .2 EA $2,465.00 $4,930.00 2.00 $4,930.00 0.00 $- Div 1 - Item 31 .1 EA $10,670.00 $10,670.00 1.00 $10,670.00 0.00 $- Div 1 - Item 32 .1 LS $18,050.00 $18,050.00 1.00 $18,050.00 0.00 $- Div 2 - Item 10 .50 CY $20.00 $1,000.00 50.00 $1,000.00 0.00 $- Div 2 - Item 11 .400 SY $3.50 $1,400.00 352.20 $1,232.70 (47.80)$(167.30) Div 2 - Item 16 .300 SY $18.50 $5,550.00 264.00 $4,884.00 (36.00)$(666.00) Div 2 - Item 17 .250 SY $85.00 $21,250.00 222.00 $18,870.00 (28.00)$(2,380.00) Div 2 - Item 19 .125 SY $65.00 $8,125.00 109.00 $7,085.00 (16.00)$(1,040.00) Div 2 - Item 21 .25 LF $21.00 $525.00 25.00 $525.00 0.00 $- Div 2 - Item 22 .1 LS $23,750.00 $23,750.00 1.00 $23,750.00 0.00 $- Div 2 - Item 27 .700 LF $5.75 $4,025.00 700.00 $4,025.00 0.00 $- Div 2 - Item 28 .400 LF $5.75 $2,300.00 400.00 $2,300.00 0.00 $- Div 2 - Item 29 .100 LF $31.50 $3,150.00 77.00 $2,425.50 (23.00)$(724.50) TOTAL - BASE BID $1,136,375.00 $1,101,868.85 $(34,506.15) TOTAL - DIVISION 1 $1,065,300.00 $1,035,771.65 $(29,528.35) TOTAL - DIVISION 2 $71,075.00 $66,097.20 $(4,977.80) NO. 6 AWG, 600V, THWN-2, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT NO. 6 AWG, 600V EQUIPMENT GROUND, THWN-2, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT SUBGRADE PREPARATION, 12" MODIFIED SUBBASE, 8" PAVEMENT, PCC, 8" PAVEMENT, PCC, 4", SIDEWALK FENCE REMOVAL, CHAIN LINK GATE, AUTOMATIC POWERED 25' ALUMINUM CANTILEVER, 4' TALL, BLACK PVC COATED NON-ENCASED 2" PVC/HDPE CONDUIT NO. 8 AWG 5KV, L-824, TYPE C CABLE, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT PAVEMENT MARKING REMOVALS SUBDRAIN CLEANOUT 6" SUBDRAIN SEEDING FERTILIZING AND MULCHING NON-ENCASED 2" PVC/HDPE CONDUIT L-861 T (L) MITL, BASE MOUNTED TAXIWAY EDGE LIGHT (REMOVE AND REINSTALL ON NEW BASE) L-858 (L) GUIDANCE SIGN, SIZE 1, DOUBLE FACE, 2 MODULE DEMOLITION AND REMOVAL OF PARTIAL EXISTING EDGE LIGHTING SYSTEM UNCLASSIFIED EXCAVATION Change Order No. FAA AIP:030-2023, 031-2023 & 032-2024 IDOT Project No.9I240AMW100 ENGINEER'S PROJECT NO.:0T5.128665 CEMENT TREATED SUBGRADE, 12" Reconciliation of Final Quantities Ames Municipal Airport - South Apron Reconstruction REMOVE AND REPLACE UNSUITABLE MATERIAL DescriptionItem No. PAVEMENT, PCC, 9.5" RECYCLED CONCRETE AGGREGATE BASE COURSE, 6" CEMENT, 8% SWPPP ESTABLISHMENT AND MANAGEMENT UNCLASSIFIED EXCAVATION PAVEMENT REMOVAL, HMA PAVEMENT REMOVAL OF FILTER SOCKS FILTER SOCK CLEANOUT CONSTRUCTION SURVEY TRAFFIC CONTROL MOBILIZATION INSTALLATION OF FILTER SOCKS PAVEMENT REMOVAL, PCC PAVEMENT 128665-Change Order 4 - Final (Quanity Reconciliation).xlsxCO #4 Reconciliation Page 1 of 2 124 BID ALTERNATE "A" Div 1 - Item A1 .1600 LF $5.75 $9,200.00 1,600.00 $9,200.00 0.00 $- Div 1 - Item A2 .800 LF $5.75 $4,600.00 800.00 $4,600.00 0.00 $- Div 1 - Item A3 .500 LF $10.00 $5,000.00 472.00 $4,720.00 (28.00)$(280.00) Div 1 - Item A4 .5 EA $17,000.00 $85,000.00 5.00 $85,000.00 0.00 $- TOTAL - BID ALTERNATE "A"$103,800.00 $103,520.00 $(280.00) TOTAL - DIVISION 1 $103,800.00 $103,520.00 $(280.00) TOTAL - DIVISION 2 $- $- $- - - BID ALTERNATE "B" Div 2 - Item B1 .140 SY $3.50 $490.00 131.50 $460.25 (8.50)$(29.75) Div 2 - Item B2 .140 SY $18.50 $2,590.00 131.50 $2,432.75 (8.50)$(157.25) Div 2 - Item B3 .130 SY $65.00 $8,450.00 125.00 $8,125.00 (5.00)$(325.00) TOTAL - BID ALTERNATE "B"$11,530.00 $11,018.00 $(512.00) TOTAL - DIVISION 1 $- $- $- TOTAL - DIVISION 2 $11,530.00 $11,018.00 $(512.00) CHANGE ORDER NO. 2 CO2-1 .1 LS $9,521.60 $9,521.60 1.00 $9,521.60 0.00 $- CO2-2 1 LS $4,367.00 $4,367.00 1.00 $4,367.00 0.00 $- TOTAL - CHANGE ORDER NO. 2 $13,888.60 $13,888.60 $- TOTAL - DIVISION 1 $- $- $- TOTAL - DIVISION 2 $13,888.60 $13,888.60 $- CHANGE ORDER NO. 3 CO3-1 .1 LS $$4,500.00 $4,500.00 1.00 $4,500.00 0.00 $- CO3-2 1 LS $5,706.00 5,706.00 1.00 5,706.00 0.00 - CO3-3 100 SY $4.00 400.00 98.00 392.00 (2.00)(8.00) CO3-4 100 SY $$19.60 $1,960.00 98.00 $1,920.80 (2.00)$(39.20) CO3-5 100 SY $$93.00 $9,300.00 98.00 $9,114.00 (2.00)$(186.00) TOTAL - CHANGE ORDER NO. 2 $21,866.00 $21,632.80 $(233.20) TOTAL - DIVISION 1 $- $- $- TOTAL - DIVISION 2 $21,866.00 $21,632.80 $(233.20) CHANGE ORDER NO. 4 (FINAL) CO4-1 .N/A $(35,531.35) TOTAL - CHANGE ORDER NO. 4 (FINAL)$- $- $(35,531.35) TOTAL - DIVISION 1 $1,169,100.00 $1,139,291.65 $(29,808.35) TOTAL - DIVISION 2 $118,359.60 $112,636.60 $(5,723.00) Reconciled Cost Total for Base Bid, Awarded Bid Alternates, and Approved Change Orders $1,287,459.60 $1,251,928.25 $(35,531.35) N/A SUBGRADE PREPARATION, 12" MODIFIED SUBBASE, 8" PAVEMENT, PCC, 6" OVERHEAD AREA LIGHTING POLE WITH FIXTURES ADDITIONAL MOBILIZATION MODIFIED SUBBASE, 6" UNCLASSIFIED EXCAVATION (INCLUDING TOPSOIL STRIP, SALVAGE, AND RESPREAD) NO. 6 AWG, 600V EQUIPMENT GROUND, THWN-2, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT SUBGRADE PREPARATION, 12" INCREASE HEIGHT OF 25' AUTOMATIC POWERED CHAIN LINK CANTILEVER GATE TO 8' TALL, REMOVE EXISTING 4' CHAIN LINK FENCE AND REPLACE WITH 8' TALL BLACK PVC COATED CHAIN LINK FENCING NO. 6 AWG, 600V, THWN-2, INSTALLED IN TRENCH, DUCT BANK OR CONDUIT NON-ENCASED 2" PVC/HDPE CONDUIT Note:(1) Parentheses indicate negative change in quantity and cost. Reconciliation of Final Quantities Costs Associated with this Item shown in lower right as sum of "Cost Change" column, so not duplicated in columns on this line marked "N/A" Total of "Cost Change" column PAVEMENT, PCC, 8" ADD 6' WIDE 8' TALL, BALCK PVC COATED, CHAIN LINK PEDESTRIAN GATE WITH GATE CLOSURE AND MECHANICAL KEYLESS LEVER LOCK SET, OUTDOOR RATED 128665-Change Order 4 - Final (Quanity Reconciliation).xlsxCO #4 Reconciliation Page 2 of 2 125 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:North Dayton Industrial Park Subdivision Financial Security Partial Reduction No. 2 Item No. 20 MEMO Please see attached documentation for partial release of financial security on file with the City. ATTACHMENT(S): North Dayton Industrial LOC Reduction 2.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 126 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 25, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: North Dayton Industrial Park Subdivision Letter of Credit Reduction No. 2 Mayor and Council Members: I hereby certify that public improvements including street lights, conduit, pavement markings & symbols for Bailey Avenue, Dayton Avenue Widening required as a condition for approval of the final plat of North Dayton Subdivision, have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. Improvements outstanding to be completed at this time include stormwater management as-builts, COSESCO, sidewalk, and as-builts for pedestrian ramps. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $173,250. Sincerely, Justin Clausen, P.E, CPWP-M Interim Public Works Director JC/MB cc: Finance, Developer, Planning & Housing, Subdivision file 127 North Dayton Subdivision June 25, 2025 Items completed as part of this reduction of financial security for North Dayton Industrial Park Subdivision. ITEM UNIT Qty Street Lights LS 1 Street Light Conduit LF 2400 Electrical Primary Conduit LF 2870 Mailboxes EA 1 Mailbox pad LS 1 Sidewalk, PCC, 5” (Future by others) SY 789 COSESCO AC 31 Items remaining for the financial security for North Dayton Industrial Park Subdivision. ITEM UNIT Qty Sidewalk, PCC, 5” (Future by others) SY 526 COSESCO AC 28 Outlet Structure Inlet Pipe, PVC 4” LF 20 Items completed as part of this reduction of financial security for Dayton Avenue Widening. ITEM UNIT Qty Painted Pavement Markings, Solvent/Waterborne STA 165.13 Painted Symbols and Legends EA 12 Items remaining for the financial security for Dayton Avenue Widening. ITEM UNIT Qty Shared Use Path, 6” PCC SY 82 Detectable Warning SF 80 128 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:North Sunset Ridge 1st Addition Financial Security Partial Release Item No. 21 MEMO Please see attached documentation for partial release of financial security on file with the City. ATTACHMENT(S): North Sunset Ridge 1st Addition LOC Reduction 1.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 129 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 25, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: North Sunset Ridge 1st Addition Financial Security Reduction 1 I hereby certify that all of the 6-Inch Base HMA, street lights, shared use path, and a portion of sidewalk required as a condition for approval of the final plat of North Sunset Ridge 1st Addition, has been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $385,150.13. The remaining work covered by this financial security includes pedestrian ramp as-builts, sidewalks, street trees and erosion control. Sincerely, Justin Clausen, P.E., CPWP-M Interim Public Works Director JC/MB cc: Finance, Contractor, Planning & Housing, Subdivision file 130 North Sunset Ridge 1st Subdivision June 25, 2025 Items completed as a part of this reduction: Description Unit Quantity PAVEMENT, HMA, BASE, 6" SY 5605 SHARED USE PATH, PCC, 5” SY 229 SIDEWALK, PCC, 5” (FUTURE HOMEOWNERS) SY 746 SIDEWALK, PCC, 5” SY 314 STREET LIGHTS/ELECTRICAL EA 13 Items remaining as a part of this reduction: Description Unit Quantity PIPE APRON, RCP, 15IN EA 1 PIPE APRON, RCP, 18IN EA 1 PIPE APRON, RCP, 24IN EA 1 PIPE APRON, RCP, 30IN EA 4 INTAKE, SW-512 (POND OUTLET) EA 1 CURB AND GUTTER, 2.5FT, 6" LF 4127 PAVEMENT, HMA, SURFACE, 2" SY 5605 MANHOLE ADJUSTMENTS FOR SURFACE COURSE EA 9 SHARED USE PATH, PCC, 5" SY 229 SIDEWALK, PCC, 5" (FUTURE HOMEOWNERS) SY 1175 SIDEWALK, PCC, 5" SY 22 SIDEWALK, PCC, 6" SY 58 DETECTABLE WARNING SF 112 EROSION CONTROL - COSESCO AC 18.60 STREET TREES EA 79 131 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:Sunset Ridge 11th Addition Financial Security Partial Release Item No. 22 MEMO Please see attached documentation for partial release of financial security on file with the City. ATTACHMENT(S): Sunset Ridge 11th Addition - Partial Release 3 June16.2025.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 132 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 25, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Sunset Ridge 11th Addition Financial Security Reduction 3 I hereby certify that a portion of the sidewalks, all the 2-inch HMA base, required as a condition for approval of the final plat of Sunset Ridge 11th Addition, has been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $28,220.00. The remaining work covered by this financial security includes pedestrian ramp as-builts, sidewalks, street trees and erosion control. Sincerely, Justin Clausen, P.E., CPWP-M Interim Public Works Director JC/MB cc: Finance, Contractor, Planning & Housing, Subdivision file 133 Sunset Ridge 11th Subdivision June 25, 2025 Items completed as a part of this reduction: Description Unit Quantity PAVEMENT, HMA, BASE, 2" SY 3475 SIDEWALK PAVEMENT, PCC,4” SY 1611 SIDEWALK PAVEMENT, PCC, 6” SY 57 STREET TREES EA 30 Items remaining as a part of this reduction: Description Unit Quantity SIDEWALK PAVEMENT, PCC,4” SY 258 SIDEWALK PAVEMENT, PCC, 6” SY 57 DETECTABLE WARNING PANELS SF 100 COSESCO AC 500 STREET TREES EA 19 134 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:Ansley 3rd Addition Subdivision Financial Security Partial Release Item No. 23 MEMO Please see attached documentation for partial release of financial security on file with the City. ATTACHMENT(S): Ansley 3rd Addition LOC Reduction 1.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 135 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 19, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Ansley 3rd Addition Subdivision Letter of Credit Reduction No. 1 Mayor and Council Members: I hereby certify that public improvements including sanitary sewer main, sanitary sewer stubs, water main & fittings, water service stubs, gate valve, fire hydrant, and sanitary manholes required as a condition for approval of the final plat of Ansley 3rd Addition, have been completed in an acceptable manner by Rognes Corp. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. Improvements outstanding to be completed at this time include COSESCO (erosion control), sidewalk, pedestrian ramps, storm sewer pipe, storm sewer structures, subgrade preparation, HMA pavement, PCC pavement, curb and gutter, pavement markings, street trees, street lights, seeding. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be reduced to $405,659.50. Sincerely, Justin Clausen, P.E, CPWP-M Interim Public Works Director JC/MB cc: Finance, Developer, Planning & Housing, Subdivision file 136 North Dayton Subdivision June 19, 2025 Items completed as part of this reduction of financial security for Ansley 3rd Addition Subdivision. ITEM UNIT Qty SANITARY SEWER GRAVITY MAIN, TRENCHED, PVC, 8 INCH LF 625 SANITARY SEWER SERVICE STUB, PVC, 4IN LF 13 WATER MAIN, TRENCHED, PVC C900 (DR 18), 8 INCH LF 780 FITTING, 22.5 DEG, 8 INCH EA 3 FITTING 45 DEG, 8 INCH EA 2 WATER SERVICE STUB, PVC, 1 INCH EA 14 VALVE, GATE, 8 INCH EA 1 FIRE HYDRANT ASSEMBLY RELOCATION EA 1 BLOWOFF HYDRANT ASSEMBLY REMOVAL EA 1 SANITARY MANHOLE, SW-301, 48 INCH EA 3 Items remaining as part of this reduction of financial security for Ansley 3rd Addition Subdivision. ITEM UNIT Qty SUBGRADE PREPARATION SY 4451 STORM SEWER, TRENCHED, RCP, 15 INCH LF 779 STORM SEWER, TRENCHED, RCP, 18 INCH LF 65 FOOTING DRAIN COLLECTOR, 6 INCH LF 110 FOOTING DRAIN CLEANOUT EA 1 FOOTING DRAIN CONNECTION EA 1 STORM SEWER SERVICE STUB, PVC, 1.5 INCH EA 15 STORM MANHOLE, SW-401, 48 INCH EA 2 INTAKE, SW-503 EA 1 INTAKE, SW-505 EA 3 INTAKE, SW-511 EA 3 PAVEMENT, PCC, 6 INCH - PRIVATE SY 1476 CURB AND GUTTER, 2.5 FT, 6 INCH LF 1557 PAVEMENT, HMA, 4 INCH BASE SY 1821 137 North Dayton Subdivision June 19, 2025 PAVEMENT, HMA, 2 INCH INTERMEDIATE SY 1821 PAVEMENT, HMA, 4 INCH SURFACE SY 1821 SIDEWALK, PCC, 5 INCH (FUTURE HOMEOWNER) SY 795 SIDEWALK, PCC, 5 INCH SY 115 SIDEWALK, PCC, 6 INCH SY 64 DETECTABLE WARNING SF 80 CURB AND GUTTER REMOVAL LF 147 PAINTED PAVEMENT MARKINGS, SOLVENT/WATERBORNE LS 1 CONVENTIONAL SEEDING, SEEDING, FERTILIZING, AND MULCHING (TYPE I) AC 4 EROSION CONTROL - COSESCO AC 4.78 STREET STREE EA 24 STREET LIGHTS EA 5 138 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:Sunset Ridge 10th Addition Financial Security Release Item No. 24 MEMO Please see attached documentation for release of financial security on file with the City. ATTACHMENT(S): Sunset Ridge 10th Addition - Partial Release #4.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 139 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 25, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Sunset Ridge 10th Addition Financial Security Reduction #4 Mayor and Council Members: I hereby certify that COSESCO (erosion control) required as a condition for approval of the final plat of Sunset Ridge 10th Addition have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa, and found to meet City specifications and standards. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be fully released for the remaining amount of $6,000.00. Sincerely, Justin Clausen, P.E., CPWP-M Interim Director JC/MB cc: Finance, Planning & Housing, Subdivision file 140 Sunset Ridge 10th Addition June 25, 2025 Items to be completed as a part of this reduction Unit Quantity COSESCO AC 12 141 To:Mayor & City Council From:Justin Clausen, Public Works Director Date:July 8, 2025 Subject:Hayden's Ridge - Townhome Community Item No. 25 MEMO Please see attached documentation for full release of financial security on file with the City. ATTACHMENT(S): Hayden's Ridge TownHome Community LOC Reduction 1.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 142 Smart Choice Public Works Department 515.239.5160 main 515 Clark Ave. P.O. Box 811 Engineering 515.239.5404 fax Ames, IA 50010 www.CityofAmes.org Public Works Department 515 Clark Avenue, Ames, Iowa 50010 Phone 515-239-5160  Fax 515-239-5404 June 25, 2025 Honorable Mayor and Council Members City of Ames Ames, Iowa 50010 RE: Hayden’s Ridge – Townhome Community Letter of Credit Reduction No. 1 Mayor and Council Members: I hereby certify that all of the remaining public improvements including: topsoil respread, 6-inch PCC sidewalk, 4-inch PCC sidewalk, detectable warning panels, curb removal, street signage, painting, seeding, and landscaping required as a condition for approval of the final plat of Hayden’s Ridge – Townhome Community have been completed in an acceptable manner by various contractors. The above-mentioned improvements have been inspected by the Engineering Division of the Public Works Department of the City of Ames, Iowa and found to meet City specifications and standards. No improvements remain outstanding. As a result of this certification, it is recommended that the financial security for public improvements on file with the City for this subdivision be released for the full remaining amount of $138,425.32. Sincerely, Justin Clausen, P.E, CPWP-M Interim Public Works Director JC/MB cc: Finance, Developer, Planning & Housing, Subdivision file 143 Hayden’s Ridge – Townhome Community June 25, 2025 Items completed as part of this reduction of financial security for Hayden’s Ridge – Townhome Community Subdivision. ITEM UNIT Qty TOPSOIL RESPREAD CY 1600 PAVEMENT, PCC, 6-INCH, SIDEWALK SY 975 PAVEMENT, PCC, 4-INCH, SIDEWALK SY 995 DETECTABLE WARNING PANELS SF 110 CURB REMOVAL LF 144 STREET SIGNAGE EA 5 PAINTING EA 6 SEEDING, FERTILIZING, & MULCHING - SUBDIVISION MIX AC 5 SEEDING, FERTILIZING, & MULCHING – TYPE 1 MIX AC 1 SEEDING & MULCHING – NATIVE PRAIRIE MIX AC 1 LANDSCAPING LS 1 144 ITEM #:26 DATE:07-08-25 DEPT:P&H SUBJECT:MINOR FINAL PLAT FOR HY-VEE SUBDIVISION SECOND ADDITION COUNCIL ACTION FORM BACKGROUND: Jeff Stein, Director of Site Planning for Hy-Vee, Inc. is requesting approval of a Final Plat for Hy-Vee Subdivision, Second Addition, for the site at 4018 Lincoln Way that contains the West Hy-Vee gas station (see Proposed Final Plat attached). A minor subdivision includes three or fewer lots and does not require additional public improvements. A minor subdivision does not require a Preliminary Plat and may be approved by the City Council as a Final Plat only, subject to the applicant completing the necessary requirements. The proposed Hy-Vee Subdivision, Second Addition, is generally located south of Lincoln Way between Beedle Drive on the west and Dotson Drive on the east. The Final Plat includes approximately 1.78 acres for commercial development. This plat divides one existing lot into two lots. The Proposed Lot 1 (1.07 acres) includes the existing Hy-Vee Fast & Fresh convenience store and will continue to be addressed as 4018 Lincoln Way. The proposed Lot 2 (0.71 acres) is currently vacant and will be addressed as 4030 Lincoln Way. This lot could be developed as a separate commercial use. Proposed Lot 1 will continue to have direct access from Dotson Drive to the east. Proposed Lot 2 currently has direct access to Beedle Drive. The driveway currently extends through Lots 1 and 2 and will be designated as an access easement to provide cross-access across the property line that will separate the two lots (see Access Easement Exhibit). The City does not require that the cross connection exist because each lot has access to a public street. However, because the driveway exists it needs to be in an easement to allow for the site improvements as they currently exist once the new lot line is established. No access to Lincoln Way is permitted with this subdivision. The proposed subdivision is located within the “HOC” (Highway-Oriented Commercial) zoning district. There is also a large public utility easement across the Lincoln Way frontage of the proposed lots. The proposed subdivision alters the development requirements from current conditions, as each of the lots must meet zoning requirements for the occupancy and use of its site. As a result, both Lot 1 and Lot 2 were evaluated to determine that each lot as proposed is in full compliance with the requirements of the Zoning Ordinance and the Highway Oriented Commercial District as well as the Subdivision Ordinance. The existing gas station site was determined to comply with zoning standards with approval of the new lot configuration. The new vacant lot, while small in size and encumbered by a public utility easement, can feasibly be developed with a small commercial building and related site improvements. Public utilities and public sidewalk currently serve both proposed lots. Street trees are not required for commercially zoned subdivisions. No other improvements are required with the 145 Plat. ALTERNATIVES: 1. Approve the Final Plat, with the cross-access easement, for the Hy-Vee Subdivision Second Addition, based upon the findings and conclusions stated above. 2. Deny the Final Plat for Hy-Vee Subdivision Second Addition, on the basis that the City Council finds the proposed subdivision does not comply with applicable ordinances, standards, or plans. 3. Refer this request back to staff or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The proposed Final Plat for Hy-Vee Subdivision Second Addition is consistent with the City's existing subdivision and zoning regulations. The provision of the cross-access easement ensures that access is provided across the property line that separates the two sites for circulation between Beedle Drive and Dotson Drive in accordance with site improvement requirements for paving and landscaping. Therefore, it is the recommendation of the City Manager that the City Council accept Alternative #1. ATTACHMENT(S): Subdivision Code Excerpt Proposed Final Plat.pdf Access Easement Exhibit.pdf Location Map.pdf 146 The laws applicable to this Final Plat are as follows: Code of Iowa, Chapter 354.8 states in part: 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 o r 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. 147 148 149 LINCOLN WAY LINCOLN SW ING HICKORY DR MCDONALD DR BEEDLE DR DOTSON DR FRONTAGE RD Hy-Vee Subdivision, Second AdditionFinal Plat4018 & 4030 Lincoln Way 0 100 20050Feet ¯ Location Map 150 ITEM #:27 DATE:07-08-25 DEPT:ADMIN SUBJECT:ASSIGNMENT OF CELLULAR ANTENNA SITE LEASE COUNCIL ACTION FORM BACKGROUND: In December 2014, the City leased a portion of its property at 600 S. Maple Avenue to Verizon Wireless for the construction and operation of a cellular antenna. City staff received a letter from VB Acquisitions, LLC, dated June 24, 2025, indicating that Verizon Wireless has entered into an agreement with it to lease, operate, and manage this site. The City's lease agreement with Verizon Wireless requires the City's written consent to any sale, assignment, or transfer of the lease. The City's consent may not be unreasonably withheld. VB Acquisitions has provided City staff with all the necessary documents to process future payments and receive notices from the City. ALTERNATIVES: 1. Consent to the assignment of the lease agreement with Verizon Wireless to VB Acquisitions, LLC. 2. Refer this item to staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Cellular antenna site acquisitions, mergers, and assignments occur from time to time with the sites the City leases to wireless companies. The assignee for this site, VB Acquisitions, LLC, has provided City staff with the necessary information to conduct business in the future. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 151 To:Mayor and City Council From:Nolan Sagan, Sustainability Coordinator Date:July 8, 2025 Subject:FY 2024/25 Climate Action Plan Update Item No. 28 MEMO Since the Climate Action Plan was accepted by City Council in June 2023, staff have worked diligently towards the goals set out in the plan. This includes major greenhouse gas reductions in six focus areas, or big moves. Milestones leading to this point include: July 2010 - The City contracts with Iowa State University for 25% of ISU's Director of Sustainability’s time. (This contract was terminated once the City hired the first full-time Sustainability Coordinator) August 2020 - The City completes its first community-wide greenhouse gas inventory. June 2023 - The Climate Action Plan is accepted by City Council. January 2024 - Staff issued a report outlining seven initial action steps from the Climate Action Plan. July 2024 - City adds a new full-time Sustainability Coordinator position. The attached presentation on July 8 will focus on the Climate Action Plan and six big moves, including progress made to date and goals for the next year. ATTACHMENT(S): FY 2024-25 Climate Action Plan Update.pptx 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 152 FY 2024/25 Climate Action Plan Update July 8,2025 153 6 Big Moves 31 Strategies Climate Action Plan 154 1. Renewable Energy Generation •Progress •Enhanced solar rebates •SunSmart community solar •Looking ahead •Investments in new renewable and thermal generation 2023 AMES Iowa National % Renewable 15%60%16% % Coal 0%24%16% 155 2. Building Retrofits •Progress •Smart Energy rebates for Electric customers •Looking ahead •Pay As You Save feasibility study is ongoing •Rural Energy Savings Program (RESP) application in July •Advanced metering, time-of-use rates •Green Iowa AmeriCorps •Energy audits & weatherization 156 Municipal Buildings •Progress •Facility energy audits project •16 buildings •Engineering analysis and energy efficiency recommendations •Solar and EV charging feasibility •Looking ahead •Use energy audits to prioritize retrofit projects •Evaluate net-zero ready for all new municipal buildings – Fire Station #2 planning includes net-zero construction 157 3. Net Zero Ready New Construction •Progress •Smart Energy Rebate - 9 new homes incentivized in 2024 •Enhanced tax abatement program and builder incentive •Looking ahead •Pilot project, in partnership with builder •Harrison Welbeck development 158 Fleet 10 fully electric vehicles 19 hybrid electric vehicles B100 program 11 snowplow trucks, 5 CyRide buses EV Charging 158 MWh delivered in 2024 by Over half a million EV passenger miles New EV charging stations at City Hall, Water Treatment, and WPC Charging Smart program Initial fleet electrification analysis Multifamily EV charging 4. Reduce Vehicle Emissions 2 6 10 15 22/23 23/24 24/25 25/26 (estimated) EVs in Municipal Fleet 159 5. Active Transportation & Transit •CyRide ridership continues to increase each year since 2020, and ridership per capita is among the highest in the nation. •86 miles of bike and pedestrian infrastructure •Over $3 million planned investment in bike and pedestrian infrastructure over next 2 years •Bicycle and Personal Transportation Device ordinance in progress •250 responses to recent public survey 160 6. Reduce Waste Emissions •Progress •Rummage Rampage – 433 tons diverted and $285,000 raised over 8 years •Friday, July 25, to Saturday, Aug. 2 •Drop-off recycling - 100+ tons of new recycling in 2024 •Looking ahead •Resource Recovery & Recycling Campus •Community curbside recycling •National Picture •Current recycling rate: ~2% •US average diversion rate: 32% •~75% of waste is recyclable/compostable 161 Grants & Funding Opportunities City of Ames Climate Action Grants •Community Grants - Approximately $40,000 awarded to five grant projects •Youth mini-grants - Six $500 youth mini-grants awarded •Education and outreach on the 10-Year Pollinator Plan, single-use plastic waste in scientific labs, gardening, and food security Federal Funding Opportunities •EPA Community Change •EPA Solid Waste Infrastructure for Recycling (SWIFR) •Climate Smart Communities Initiative •USDA Rural Energy Savings Program (RESP) Spring 2025 Community Climate Action Grants ACTORS Rooftop solar panels Green Hills Community On-site composting Prairie Flower Children’s Center Composting and garden beds Seeds of Sustainability Repair Café tools and bike repair station near downtown UCC Heat pump and outreach events 162 Education & Outreach •New and improved web pages •Heat Pump and Solar Farm open house events •25 speaking and tabling events •Sustainable Ames Newsletter, with over 1,000 subscribers •Collaboration with the Communications and Outreach team •Resilient Iowa Communities RIC-ognition award •Rummage RAMPage 163 Looking ahead Goals for 2025-2026 •Continue to explore Pay As You Save •Pilot high-performance, net-zero housing •Second round of community climate grants in October 2025 •Launch Green Iowa AmeriCorps weatherization program •Coordinate Smart Business Challenge restructuring •Leverage municipal energy audits to plan and complete retrofit projects •Methodically plan and implement fleet EV transition 164 ITEM #:29 DEPT:FIRE July 8, 2025 Staff Report PUBLIC NUISANCE ORDINANCE UPDATE BACKGROUND: In 2023, the City Council adopted Chapter 30 of the Municipal Code, the Public Nuisance Ordinance. The ordinance went into effect on January 1, 2024. The new ordinance consolidated existing ordinances into a single, easy-to-navigate document with consistent enforcement methods. Additionally, three new regulations were introduced: 1) Grass Height on owner-occupied properties (previously only applied to rental properties), 2) Dangerous Trees, and 3) Structural Defects. Staff has been utilizing the new ordinance for over a year now and were asked by the City Council to provide an update regarding the effectiveness of the ordinance and highlight any concerns encountered. COMPLAINT NUMBERS: In 2023, prior to the adoption of the Public Nuisance Ordinance, staff received 826 nuisance related complaints. In 2024, with the new Public Nuisance Ordinance in place, staff received 996 complaints--a 21% increase. Attachment #1 reflects the case types and number of complaints for 2024. Approximately 19% of the complaints received (189) were unfounded, meaning the property was not in violation of the ordinance at the time of inspection. Staff issued 15 citations (2%) due to non-compliance, of which 7 were for dangerous trees. In some cases, the owner had a desire to work towards compliance, but did not have the available funds, so they opted to be cited and have the trees removed through the abatement process. CONTINUED CONCERNS: A few concerns have been received from residents about issues that the new Code does not currently address. These concerns are explained below. Supporting photos can be found in Attachment #2. Vermin Staff receives complaints about neighboring properties that have conditions that harbor vermin or allow vermin to exist. When staff originally drafted the Public Nuisance Ordinance, a restriction on harborage of vermin was included. After public input was received, this language was removed by the City Council. Those who spoke at the City Council meeting questioned how vermin would be defined and what the term "conditions" means. Many other jurisdictions do have restrictions on vermin habitats. 165 Question: Does City Council want to prohibit conditions which harbor vermin or the presence of vermin on the property? Outdoor Storage Previously, the Zoning Code prohibited the outdoor storage of any goods or materials for more than 72 hours. Two separate code sections restricted the outdoor placement of indoor furniture and/or appliances. The current ordinance prohibits indoor furniture, appliances, and household items from being placed outdoors, but it does not restrict any items that fall outside of the ‘indoor use’ category. For example, the outdoor storage of bicycles, lawn mowers, coolers, etc., not specifically intended for indoor use cannot be regulated as they were under the previous Zoning Code language. Complaints about this issue typically arise when there is an abundance of items left outdoors (e.g., a single bicycle would not normally generate a complaint). Question: Does Council want to add provisions that would prohibit the Outdoor Storage of all items? Overgrown/Unmaintained Vegetation (not turf grass or noxious weeds) Prior to January 1, 2024, the Municipal Code prohibited noxious weeds and did not restrict the height of turf grasses, with the exception of rental properties which were restricted to 12 inches in height. The new ordinance continues to prohibit noxious weeds and restricts turf grasses on all properties to 12 inches in height. It does not regulate either: 1) weeds that are not deemed noxious by the State of Iowa or the City, or 2) grasses that are not considered turf grasses. Staff continues to receive complaints about general overgrowth and lack of vegetative maintenance. Question: Does Council want to add language to the Code that would restrict vegetation types, heights, or overgrowth? Noxious weeds and turf grasses over 12 inches in height would continue to be prohibited. Junked Vehicles Junked vehicles continue to be prohibited from being kept on a property for more than 48 hours or up to 30 days if concealed, enclosed, or covered with a tight-fitting vehicle cover. This standard has not changed, but staff continues to have difficulties determining if a vehicle is junked because the criteria that constitute a junked vehicle often aren’t visible, or at least not visible from the public way. The criteria for determining a Junked Vehicle can be found in Attachment #3. The concern from citizens seems to be more about vehicles parked in one place for an extended period of time, whether junked or not. Previously, the Code prohibited operable vehicles from being stored for more than 15 days. This was removed from the Code after public input and concerns over the ability to enforce on something for 15 consecutive days. Question: Does Council want to restrict the length of time vehicles can be parked on private 166 property without moving? Question: Does Council want to revise any of the criteria for defining a Junk Vehicle? Items in Right-of-Way Staff has encountered different situations where the right-of-way is used for storage or living purposes and has struggled to find an effective enforcement practice. There have been a few cases in which a person is living in a vehicle that is parked on the street and personal belongings are left outside of the vehicle. Staff has posted notice on the vehicle that the items need to be removed, but does not have a process for removing and safekeeping the items if they are not voluntarily removed. Alternatively, there are situations where items are kept on the street and staff does not know to whom the items belong. These types of items include non-motorized equipment, tractors, boats, household items, etc. Question: Does Council want to prohibit any items from being placed in the ROW and establish a removal process for said items? Recreational Vehicles The current ordinance allows one travel trailer, recreational vehicle, boat, or boat trailer to be stored (over 72 hours) on private property in the rear yard or wholly in the side yard. In addition, it allows any recreational vehicle to be parked (up to 72 hours) in the driveway. Staff has met resistance to this standard primarily during the camping season (April through October). Many residents have expressed interest in an exception to allow their recreational vehicle to be stored on the driveway when not in use from April through October. Question: Does the City Council want to create an exception as outlined above? Legal Concerns In addition to the Code concerns, there are also some legal concerns staff continues to encounter. 1. Staff is limited to enforcing only violations they are able to view from the public way. Staff cannot enter private property without the owner ’s permission to view potential violations. An administrative search warrant would be required to be obtained from the Court to enter private property. Staff can view the property from a neighboring property with permission from that property owner. 2. There have been a few instances where staff has been unable to contact the property owner. Attempts to serve citations have failed, even by local law enforcement. Citations are primarily issued so that staff can request permission from the Court to enter the property and abate the violation. This cannot happen when the citation is unable to be served. In short, an owner could ignore attempts at service leaving little to no recourse for violations. 3. The legal process offers little recourse when a citation is left unpaid. Legally, a person can be found to be in contempt of Court by not paying the fine, but there still is no penalty for that unless a judge is willing to sentence them to jail time. It is unlikely this would occur, so typically the citation, and the Court costs paid by the City to file, are left 167 unpaid. Compliance Efforts Voluntary compliance is staff’s primary goal and has proven to be quite effective, since less than two percent of complaints result in a citation. As previously stated, citations are primarily issued when staff is unable to achieve compliance through normal efforts. Of the 15 citations issued, two have been unable to be served and three have agreed to the citation because they lacked the funds to comply. They understand that the City will request permission to abate and the associated costs will be assessed to their property which they can pay off over 10 years. In these cases, the citations are being used as a mechanism for compliance in the form of a loan. Additionally, staff would like clarification and direction regarding when and at what cost is it appropriate to abate a violation. For example, a homeowner has an excessive amount of peeling and chipping paint. Compliance in this case would require the home to be repainted or sided. If the owner is unable to comply and a citation is issued, should staff request abatement (permission to paint the house)? The alternative would be to issue a citation and then cite again if the property does not come into compliance. Should staff tow a recreational vehicle that is not parked in an approved area? Should staff remove several diseased ash trees in a wooded back yard at a cost of nearly $10,000? Question: Is Council interested in exploring the establishment of a grant or loan program to help with abatement so that owners have an option other than a citation? Question: What level of compliance is Council wanting to have staff achieve through abatement? Is there a monetary threshold? Complaint Process Staff currently operates primarily on a complaint-only basis. There is some proactive enforcement done in the Campustown neighborhoods to help control garbage and furniture concerns, but most of the opened cases have had complaints filed. Complaints are received by phone, email, mail, Ames on the Go, or in person. Ames on the Go has been a convenient mechanism for reporting because citizens can log the complaint in the app, include a photo and geocode the location. Since implementing Ames on the Go, the number of complaints has more than tripled. Although the app has proven useful, it may have the effect of making it too easy to file a complaint. Last summer, one citizen used Ames on the Go to file nearly 100 complaints in a short period of time (over 60 in one day) and another citizen submitted nearly 80. Together, these two complainants account for 18% of the total complaints received in the year. Staff believes one of these complainants may have been the subject of a complaint, prompting them to seek out reportable violations. This created a philosophical struggle for staff since it was essentially proactive enforcement. The complaints could not be ignored, but staff was aware that the complaints were not initiated out of true concern to a neighbor. The Council may recall that in 2024, staff presented Council with a similar issue related to sidewalk complaints. Sidewalk complaints are occasionally made anonymously via letter or phone, and these complaints would be investigated. The sidewalk complaint section of Ames 168 on the Go requires a registered user to make the complaint, but the issues are not posted on the map. City staff is able to see the registered user information. Complaints logged under the "other" category, however, do not require registered user information in order to be posted. Question: Should staff continue to enforce reactively or would Council like to implement proactive enforcement? Question: Should there be restrictions on filing anonymous complaints? Vacant and Abandoned Structures City Council received a staff report on November 5, 2024, regarding vacant and abandoned structures. The report highlighted efforts from several other jurisdictions in regulating vacant and abandoned structures (See Attachment #4). These options included adding abandoned structures in the nuisance ordinance, creating a vacant structure registration program, and utilizing State Code to take title to the property. Council requested this item be placed on a future workshop agenda. Staff is including it in this report as a discussion point since it shares many of the same concerns already raised within. Question: Does Council want to add language to the Code that would regulate vacant and abandoned structures? Summary of Concerns/Direction Needed The below list includes concerns raised throughout this report that Staff would like the Council’s input on: 1. Does City Council want to prohibit conditions which harbor vermin or the presence of vermin on the property? 2. Does Council want to add provisions that would prohibit the Outdoor Storage of all items? 3. Does Council want to add language to the Code that would restrict overgrowth of vegetation in addition to the prohibition of noxious weeds and turf grasses over 12 inches in height 4. Does Council want to restrict the length of time vehicles can be parked on private property without moving? 5. Does Council want to revise any of the criteria for defining a Junk Vehicle? 6. Does Council want to prohibit any items from being placed in the ROW and establish a removal process for said items? 7. Does Council want to create an exception to allow RVs to be parked in a driveway for more than 72 hours from April to October? 8. Is Council interested in exploring the establishment of a grant or loan program to help with abatement so that owners have an option other than a citation? 9. What level of compliance is Council wanting to have staff achieve through abatement? Is there a monetary threshold? 10. Should staff continue to enforce reactively or would Council like to implement proactive enforcement? 11. Should there be restrictions on filing anonymous complaints? 12. Does Council want to add language to the Code that would regulate vacant and abandoned structures? 169 STAFF COMMNENTS: Overall, it has been very helpful to have all of the code sections that were previously spread through the Municipal Code in one section with the same fine structure and enforcement process. The concerns noted above are the result of customer concerns that that staff has not been able to resolve through the current ordinance. Staff would like direction from the City Council regarding each item listed above. For any changes that are desired, the staff will return at a later date with proposed language to address each concern. ATTACHMENT(S): Attachment 1.docx Attachment 2.docx Attachment 3.docx Attachment 4 170 Attachment A 171 Vermin Conditions Outdoor Storage 172 173 Overgrown Vegetation (not grass and not noxious weeds) 174 175 176 Junked Vehicles 177 178 Items In ROW 179 180 RV In Driveway 181 Junked Vehicle Concerns Code Sections A junked vehicle is currently defined in Chapter 30 as: Junked Vehicle. Any vehicle, trailer or semitrailer which because of any one of the following characteristics, constitutes a threat to the public health, welfare and/or safety: a) That has been rendered inoperable because of a missing or broken windshield or window glass, fender, door, bumper, hood, steering wheel, driver’s seat, trunk, fuel tank, two or more wheels, engine, drive shaft, differential, battery, generator or alternator or other component part of an electrical system, any component or structural part, or lack of current registration; b) That has become the habitat of rats, mice, snakes or any other vermin or insects; c) That is being used for storage purposes; d) That its condition constitutes a threat to the public health or safety of the public; e) That contains gasoline or any flammable fuel and is inoperable. Inoperable. Not capable of being used or operated as a motor vehicle. Chapter 30 declares junked vehicles public nuisances: 30.5(21) Junked vehicles stored outdoors on private property for more than 48 hours. Exceptions: a) Junked vehicles stored within a garage or other enclosed structure. b) One (1) junked vehicle per property may be stored outdoors for no more than 30 days cumulative per vehicle per calendar year in compliance with Ames Municipal Code Section 29.304(3) Prohibited Uses when concealed and enclosed behind an opaque wall at least six feet in heigh, or completely covered by a tight-fitting opaque cloth vehicle cover or tight-fitting cloth tarpaulin. c) Junked vehicles stored upon the premises of a duly authorized salvage yard or junk yard and meeting the requirements of the Ames Municipal Code. Concerns 182 1. Many of the vehicle components that render a vehicle inoperable are not visible (fuel tank, engine, drive shaft, batter, etc.). The only way to verify these components are present would be for the owner to voluntarily show staff or for staff to obtain a search warrant from the court to enter the property and investigate the vehicle. The presence of jacks under a vehicle do not prove inoperability. 2. Enforcement can only be conducted from the public way or a neighboring property with that owner’s permission. Many vehicles are situated in a way that staff are unable to verify any of the criteria to render the vehicle junked. 3. Lack of current registration is one component that can render a vehicle inoperable. If this is the only thing the vehicle is lacking, the owner is able to update registration and keep the vehicle in place. This does not resolve the complainant’s concern regarding the vehicle so is it necessary to require? 4. Many of the complaints staff receive are regarding the presence of the vehicle in one spot for an extended period of time. Typically, these vehicles do not meet the criteria to be junked, or, if they do, it is due to lack of registration which can be resolved without moving or changing the vehicle. Under the previous ordinance, vehicles were prohibited from remaining in a driveway without moving for more than 72 hours. This standard was removed after much debate and public input. Questions 1. Should the criteria for a junked vehicle be changed so that components have to be visible from the exterior (remove all references to interior components)? 2. Is the City Council supportive of having staff utilize administrative search warrants to verify a vehicle’s status? 3. Should current registration continue to be a requirement for an operable vehicle parked in a driveway? If there is not a prohibition on storage time in the driveway does requiring current registration make sense? Some owners choose not to register vehicles while the primary driveway is away or unable to operate the vehicle, but the vehicle is still in an operable condition. 4. Does City Council want to revisit the storage timeframe for vehicles parked in a driveway? 183 1 ITEM # Staff Report VACANT AND ABANDONED STRUCTURES November 5, 2024 BACKGROUND: At the October 22nd City Council meeting, the Council discussed an email from Jennifer Harris regarding the property located at 913 Carroll Avenue. Ms. Harris’ email refers to the property as a ‘nuisance’ and ‘abandoned’ and has requested the Council look into an ordinance addressing vacant and abandoned properties. CURRENT CODE: The Public Nuisance Ordinance (Chapter 30) that went into effect on January 1, 2024 requires unoccupied buildings to be secured. It does not prohibit the existence of unoccupied or abandoned structures. In the case of 913 Carroll, the property is unoccupied but not abandoned. Staff has been in communication with the property owner and is working with him to resolve the complaint of items stored outdoors. There was an additional complaint of groundhogs at the property which is also not a violation of the Municipal Code. The owner recently took advantage of the free yard waste day and removed much of the overgrown vegetation from the front of the property and painted the front door. OTHER JURISDICTIONS: Staff reviewed several jurisdictions in the metro area and found that many jurisdictions similar to Ames prohibit abandoned buildings within their nuisance ordinances in some manner. Des Moines The City of Des Moines has a registration program for vacant structures. Their ordinance requires all vacant structures to register and submit an $87.50 application fee. The registration information requires the person responsible to reside within Polk, or a contiguous county, and provide their contact information. If they do not reside within that area, they must submit information for a contact over 18 that has responsibility for the property. This property manager must agree to inspect the property every 30 days to 184 2 verify code compliance and to submit notice to the City if not in compliance. They must begin abating the issue within ten days and be in compliance within 30 days. Inspections completed by the City to verify compliance incur an additional inspection fee of $87.50 for the first inspection and $103 for subsequent inspections. Iowa City Iowa City was also found to have a vacant property registration ordinance similar to Des Moines. Their ordinance includes a registration fee of $50 and an annual inspection fee of $80. Iowa City also declares abandoned and/or vacant structures a public nuisance and allows for abatement of such. West Des Moines The City of West Des Moines deems any abandoned building a nuisance and allows abatement of such nuisances, though it is not clear how an abandoned building is abated. Additionally, the City has a program for the registration of properties that have been the subject of foreclosure. Like the City of Des Moines, this registration requires a local contact responsible for keeping the property in compliance with the Municipal Code. Staff was unable to find any other ordinances prohibiting vacant structures which have not been subject to foreclosure. 657A Chapter 657A of The State Code of Iowa regulates abandoned buildings and gives the ability for local jurisdictions and counties to petition the court for ownership of the property for the purpose of preservation or abatement. ‘Abandoned’ is defined as: 657A.1.1 “Abandoned” of “abandonment” means that a building is vacant, or is occupied only by trespassers, and in violation of the housing code or building code of the city in which the property is located or the housing code or building code applicable in the county in which the property is located if outside the limits of a city. Once a complaint is received of an abandoned property, the City must make an inspection of the exterior of the structure. If the City determines that the structure is likely abandoned, they must notify the owner to request an inspection of the interior. In the event an owner refuses or contact cannot be made, the City must obtain an administrative search warrant to enter. If the City determines that the property is a public nuisance and/or is abandoned they may request the court file an injunction requiring the owner to correct the nuisance or deem it abandoned. If this is unsuccessful, the court can appoint a receiver to abate 185 3 the issues. Alternatively, a city or county can petition the court to enter judgment awarding the title to the abandoned property to the city or county. The Court uses the following criteria to help determine if the property is abandoned: o Whether taxes or special assessments are delinquent o Whether utilities are currently provided o Whether the building is unoccupied by the owner o Whether the building is fit for occupancy in accordance with the local housing/building code o Whether the building is exposed to the elements to such a point it is causing deterioration o Whether the building is boarded up or otherwise unsecured o Past efforts to rehabilitate the building and grounds o The presence of vermin, accumulation of debris, and uncut vegetation o The effort expended by the City to maintain the building and grounds o Past and current compliance with orders of the housing or code official o Any other evidence the court deems relevant In lieu of the above criteria, the Court may accept evidence that all parties have been properly notified and have consented to an order awarding title to the city. If the court finds that the property is abandoned, they can then award title, free and clear, to the petitioner. After the title is awarded, the City must act to abate the nuisance. These actions could be in the form of demolition, property sale, or any other actions to return the property to a compliant state (mowing, replacing windows, securing the structure, etc.). The costs associated with bringing the property into compliance would incurred by the City and then ideally recovered when the property is able to be sold. However, it’s possible the costs will not be realized for several years. The process utilized after the title is obtained is explained further in specific case examples later in this report. Other Options Staff found several other jurisdictions including Johnston, Waukee, Urbandale and Altoona that utilize State Code 657A to help determine if a property is abandoned . Their codes specifically prohibit, or declare as public nuisances locally, properties that meet the definition of ‘abandoned’ in 657A. Properties that fall into this category are then enforced through the local ordinance to obtain compliance. 186 4 Some cities, such as Iowa City and Cedar Falls have created their own definitions and do not refer to 657A. Iowa City ‘Abandoned/Vacant Building: Any building or portion of a building which is: a) unoccupied and unsecured; or b) unoccupied and secured by means other than those used in the design of the building; or c) declared a dangerous building under the uniform code for the abatement of dangerous buildings; or d) unoccupied and unfit for occupancy as determined by a government agency; or e) unoccupied and has housing and building code violations; or f) unoccupied for a continuous period of time over one hundred eighty (180) calendar days.’ Cedar Falls Declares ‘Unoccupied buildings or unoccupied portions of buildings which are unsecured or abandoned’ as a public nuisance. This is very similar to Ames where we declare ‘Unoccupied buildings or unoccupied portions of buildings which are unsecured’ as a public nuisance. Ames does not include the word abandoned. Staff was unable to find ordinances for some cities including Waterloo, Bondurant and Ankeny. If such ordinance does exist, it was not included in the typical chapters that were reviewed. Staff did reach out to Ankeny for clarification but has not received a response. SPECIFIC EXAMPLES 913 Carroll The property that sparked the request for this staff report is located at 913 Carroll Avenue. A recent complaint cited concerns with items stored outdoors and groundhogs creating a habitat at the property. Staff worked with the owner to resolve the outdoor storage issue but is not able to address the groundhog concern because there is no ordinance prohibiting the presence of groundhogs or conditions that create a harbor for groundhogs. The property does not meet the criteria to be a public nuisance because, while not occupied, it is secured. It is also not abandoned because the owner has been responsive to correspondence from staff. Without a change in the ordinance, there is no way to compel the owner to regularly occupy the structure or inspect for maintenance code compliance. 187 5 3323 Tripp In May of 2024, staff was made aware that the property at 3323 Tripp was without water or electricity. Subsequently, the property was declared unfit for habitation and all occupants were required to vacate the structure. Once vacated, the property was left unsecured and was declared dangerous on July 1st. Staff boarded the windows and doors to secure the structure from entry. At the August 5th meeting of the Building Board of Appeals, the Board granted the City authorization to abate the violations and/or demolish the structure in accordance with Chapter 5 of the Ames Municipal Code. The owners of the property are both deceased so staff contacted a few of the owner’s family members and found that there was no estate and that the presence of any will was unknown. The lack of a living owner or estate has posed some major challenges with enforcement. The Legal Department has worked to identify other possible heirs, but cannot, with confidence, confirm that all possible heirs have been identified. This leaves concerns with demolition since an unknown heir could claim they were not notified and had interest in the property prior to demolition, essentially leaving the city to pay the demolition costs and maybe more. Staff has prepared information to submit to the court requesting title through 657A. The intent would be to obtain the title and sell the property to someone with interest in rehabbing or demolishing the structure. There are concerns with the potential for additional liens and the ability to produce a clear title with the uncertainty of heirs which could delay a sale. If the city were to obtain the title and the sale was delayed for a few years, the city would be responsible for maintain the property. In this case, staff would request direction on whether Council would prefer to demolish the structure and incur the cost or to allow the structure to remain until the property is able to be sold. The city would also be required to pay for lawn maintenance and snow removal until the property can be sold. 201 Dotson The property owner of 201 Dotson passed away in the Spring of 2023. Since then, the property has been vacant and not maintained. Staff secured the property from entry in the Fall of 2023 once they were made aware the structure was vacant and unsecured. Many efforts have been, and continue to be, made to identify possible heirs of the owner. Again, without an estate it is difficult to establish interested parties. Staff has the same concerns with this property as with 3323 Tripp with the major difference being the property has not been declared dangerous and is not subject to demolition. It is likely staff will petition the court for the deed in the near future , but, due 188 6 to the concerns above, may not be able to sell the property until the potential for additional liens and heirs has passed (approximately 5 years since date of death). Staff would be required to maintain the property until a sale was possible and would anticipate recovering the maintenance costs through the sale. Several communities have been successful in utilizing 657A to address abandoned properties. However, staff has been unable to find a community that has done so on a property in which the owners were deceased and there was no estate. While not impossible to accomplish, this hurdle does present some scenarios that could be costly for the city and should be taken into consideration. Should the Council have interest in adopting an ordinance that will regulate vacant and/or abandoned properties, they will also want to consider the following: o The length of time before a property is deemed vacant o The difference between ‘vacant’ and ‘abandoned’ o Whether the property is listed for sale o Will this encompass residential, commercial and industrial o Does it have a current building permit o What the penalty will be and if the City assumes that cost (boarding windows, securing locks, etc) NEXT STEPS Provided City Council has interest in an ordinance regulating vacant and abandoned structures, staff recommends a workshop to talk through the many details and options within such an ordinance. One of the most important questions to answer will be how far Council is willing to go to bring a structure into compliance with a new ordinance. 189 ITEM #:30 DATE:07-08-25 DEPT:PW SUBJECT:SOLID WASTE DISPOSAL AGREEMENT WITH CARROLL COUNTY COUNCIL ACTION FORM BACKGROUND: The City is pursuing a new approach for the disposal of solid waste. This approach involves establishing a new Resource Recovery and Recycling Campus (R3C) to receive solid waste, recyclables, and yard waste. Under this new approach, the solid waste would be consolidated and transported to a landfill for disposal; recyclable materials would be forwarded to recyclers; yard waste material would be either composted on site or hauled off-site for disposal. A key component of this new approach is the final disposition of municipal solid waste (MSW) in a landfill. The City currently utilizes Boone County Landfill as the site for final disposition of the City's solid waste. However, the capacity of that landfill is limited, and it is necessary to secure disposal rights in an alternate facility. The City has negotiated an extension of rights to the Boone County Landfill through June 2027, while the City identifies a new permanent site and transitions away from waste-to-energy. Staff explored a variety of options for alternate partnerships. On December 10, 2024, City Council authorized staff to submit an Intent to Negotiate letter to the Carroll County Solid Waste Commission and to develop terms for a long-term agreement for the disposal of MSW. Carroll County Landfill contains ample future space, is within a reasonable driving distance, and importantly, shares the City's interest in mutual partnerships, waste reduction, and landfill diversion. Staff prepared and presented an agreement to Carroll County that includes the following highlights: The agreement term extends through June 30, 2047. Since there is a period in which the City will remain in Boone County's planning area for waste disposal, most of the disposal provisions of the agreement with Carroll County will only be in effect once the City's agreement with Boone County terminates. Tipping fees for MSW are $32.00 per ton through June 30, 2028 , with a 2% annual escalation. The City is responsible for the Iowa Department of Natural Resources (DNR) Solid Waste Tonnage Fee payable to the State of Iowa. This fee is variable based upon the amount waste that is diverted from landfilling through actions such as recycling and metal recovery. The fee is currently set at $2.60 per ton. The Carroll County Solid Waste Management Commission may elect to accept MSW from the R3C prior to July 1, 2027, if the expansion of a new landfill cell is ready to accept waste. 190 The agreement provides a method to further collaborate for mutual benefit including backhauling of recyclable materials from Carroll County to the R3C for greater collating of materials and maximizing the marketing of recyclable commodities. The Carroll County Solid Waste Management Commission voted on June 17, 2025, to negotiate an agreement with the City of Ames. Staff from both the City of Ames and the Carroll County Solid Waste Management Commission have worked to prepare an agreement that is acceptable for the final disposition of MSW from the R3C. This agreement is now being presented to City Council for approval. The Carroll County Solid Waste Management Commission is planning to have a special meeting on July 15 to approve the agreement as presented to City Council. This step is necessary to ensure that the agreement is fully executed prior the City of Ames closing on the properties along Freel Drive on July 18, 2025. Unless the City Council directs staff otherwise, the closing for the Freel Drive property transactions will take place as scheduled on July 17. With this agreement in place, the disposal cost portion of the operating expenses for the R3C is now settled. As staff reported to the City Council on June 24, 2025, it is estimated that the agreement with the Carroll County Solid Waste Management Commission, along with the anticipated operating and capital costs of the R3C, result in an FY 2027/28 tipping fee of $95.11 at the R3C. The next step is for staff to finalize the terms for new agreements with each of the partnering communities and agencies that make up the Resource Recovery System. Historically, Ames has served as the entity responsible for the disposal of solid waste for each of these partners. As the City transitions away from the existing Resource Recovery System, revised agreements with these partners will be necessary. These revisions will address the new model of waste disposal, and importantly would extend the duration of the agreements, allowing for the City to plan for the amounts to be disposed of and the repayment of the debt obligations. ALTERNATIVES: 1. Approve the Solid Waste Disposal Agreement with Carroll County, Iowa Solid Waste Management Commission. It should be noted that the agreement will not be finalized until the Carroll County Solid Waste Management Commission approves the document which is scheduled to occur at its special meeting on July 15. 2. Direct staff to make changes to the agreement. 191 CITY MANAGER'S RECOMMENDED ACTION: The agreement for landfilling of MSW is a critical component of the R3C operations. A long-term agreement with the Carroll County Solid Waste Management Commission has been negotiated, securing the future of the final disposition of MSW from Ames and its partner communities. This agreement represents a vital step in the development of the R3C project. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as noted above. ATTACHMENT(S): Final Agreement - COA and Carroll County for waste disposal July 8, 2025.pdf 192 CARROLL COUNTY, IOWA, SOLID WASTE MANAGEMENT COMMISSION CITY OF AMES, IOWA SOLID WASTE DISPOSAL AGREEMENT July 8, 2025 193 1 AGREEMENT This Agreement is entered into this _____ day of __________, 2025, between the Carroll County Solid Waste Management Commission (Commission) with main offices located at 19111 Kittyhawk Avenue, Carroll, Iowa, 51401, and the City of Ames, Iowa, (Ames), with main offices located at 515 Clark Avenue, Ames, Iowa, 50010. RECITALS WHEREAS, the City of Ames is responsible, through 28E intergovernmental agreements, for the processing and disposal of solid waste for itself and partnering agencies and communities within Story County, Iowa; and, WHEREAS, the City of Ames does not operate a sanitary disposal project for the final disposal of solid waste for its residents and partners, but rather contracts with a separate solid waste agency for the final disposal of solid waste; and, WHEREAS, since 1975, the City of Ames has operated a Resource Recovery System, whereby solid waste is received, recyclable materials are removed, usable portions of the processed material is converted into a supplemental fuel for the City’s Power Plant boilers, and the remaining portion is landfilled; and, WHEREAS, the City of Ames intends to cease the use of processed solid waste as a supplemental boiler fuel, and will construct and operate a Resource Recovery and Recycling Campus where solid waste will be processed to remove recyclable materials before the remaining portion is landfilled; and, WHEREAS, the Carroll County Solid Waste Management Commission owns and operates a sanitary disposal project (i.e., a landfill) according to State and federal law, which has sufficient capacity and resources to provide for the final disposition of the City of Ames’ and its partnering agencies’ and communities’ waste; and, WHEREAS, through joint cooperation, the Carroll County Solid Waste Management Commission and the City of Ames seek to engage in a partnership to reduce the volume of landfilled material and use their combined resources to reuse, process, and recycle waste in a manner that satisfies the fiscal and environmental interests of both parties; and WHEREAS, the Carroll County Solid Waste Management Commission and the City of Ames desire to enter into a long-term agreement pursuant to these objectives; NOW, THEREFORE, in consideration of the mutual promises contained herein, the Carroll County Solid Waste Management Commission and the City of Ames agree as follows: 194 2 ARTICLE I A. Definitions. For the purposes of this Agreement the following definitions shall apply: Acceptable Waste means Solid Waste or other state- or federally- regulated materials currently accepted by the Commission for final disposal at a Commission facility. Acceptable Waste currently includes asbestos and medical (non-infectious) wastes which are subject to Iowa Department of Natural Resources (DNR) special waste authorization requirements. Agreement means this Agreement between the Commission and Ames covering conditions for the disposal of solid waste and other acceptable waste. Cleanup Costs means costs incurred in the mitigation of damages from a hazardous condition or the cleanup of a hazardous substance involved in a hazardous condition. The terms “hazardous condition” and “hazardous substance” are assigned the meanings set forth in Section 455B.381, Code of Iowa (2025). Commercial Hauler means any individual or business licensed or contracted in the City of Ames or in any of the jurisdictions that are members of the Resource Recovery System operated by the City of Ames, to collect Solid Waste within the City of Ames or the Resource Recovery System member jurisdiction(s) and transport it to the Resource Recovery and Recycling Campus, or the member jurisdictions themselves when transporting their own solid waste to the Resource Recovery and Recycling Campus. Commission means the Carroll County Solid Waste Management Commission formed pursuant to an intergovernmental agreement under Section 28E of the Code of Iowa. DNR means the Iowa Department of Natural Resources. DNR tonnage fee means the tonnage fee created by the Iowa Legislature and paid by the City of Ames. Hazardous Waste means waste defined in Section 455B.411, Code of Iowa (2025) or source, special nuclear, or by-product materials as defined in the Atomic Energy Act of 1954, as amended. Hazardous waste shall be further defined to mean and include a solid, semisolid liquid, liquid or contained gaseous material that either is listed in 40 C.F.R., part 261.22, or exhibits any of the characteristics of ignitibility, corrosivity, reactivity or EP toxicity as defined in 40 C.F.R., parts 261.20 through 261.24 or as included by definitions within state or local law or ordinance, and successor provisions, including explosives and radioactive, toxic, pathological, biological, and other hazardous wastes that require special handling in their collection, treatment, storage, or disposal, and containers used for such products; materials that, when burned, would release hazardous gases, fumes or particles into the atmosphere; any radioactive materials; and paints, acids, caustics, poisons and drugs. 195 3 Landfill means the sanitary landfill, Iowa DNR permit #14-SDP-01-74, owned and operated by the Carroll County Solid Waste Management Commission. Liability means the legal responsibility accruing to the Commission and/or the City of Ames for the prevention or cleanup of environmental contamination caused by the disposal of solid waste in the Commission Landfill. Permit means permit #14-SDP-01-74 issued by the Iowa Department of Natural Resources to the Commission which allows the Commission to operate solid waste management and disposal facilities. Recyclable materials mean newsprint, corrugated cardboard, high-grade paper, container glass, iron, steel, copper, aluminum, high-density polyethylene (HDPE) and polyethylene terephthalate (PET) plastic containers, textiles, and any other collected material in the City of Ames’ recycling program in the future. Resource Recovery and Recycling Campus means a facility operated by Ames for the collection of solid waste from Ames and its partnering units of state and local government, where once delivered, some or all of the solid waste is consolidated into Transfer Trucks for delivery to and final disposal in the Landfill. Self-hauler means any individual transporting solid waste generated only by that individual’s residence or place of business to the Resource Recovery and Recycling Campus. Solid Waste means garbage, rubbish, and other similarly discarded solid or semi-solid materials, including but not limited to such materials resulting from residential, industrial, commercial, agricultural, and domestic activities but not including Hazardous Wastes. Solid Waste tipping fee means that fee established by the Commission that is charged for the disposal of other Acceptable Wastes delivered to the Landfill for final disposal. For the purposes of this Agreement, it is understood that the Solid Waste tipping fee is as set forth in the Agreement and covers the services described herein. Transfer Truck means a truck and/or trailer transporting Solid Waste from the Resource Recovery and Recycling Campus to the Commission Landfill for final disposal. Unacceptable Waste means any Hazardous Wastes or any waste that currently is banned by state or federal law from final disposal in landfills or other wastes as mutually agreeable. B. It is understood that the City of Ames, through 28E intergovernmental agreements with units of state and local government geographically located within Story County, Iowa, is responsible to provide for the solid waste disposal of those units of state and local government, and the solid waste transported to the Commission’s facilities for disposal as described in this Agreement shall consist of solid waste from Ames and its partnering units 196 4 of state and local government, all of which, for the purposes of this Agreement, shall be treated as if it is solid waste from the City of Ames. 197 5 ARTICLE II DELIVERY AND DISPOSAL OF ACCEPTABLE WASTE A. Ames shall have access to the Landfill for delivery of Acceptable Waste during the days and hours the Landfill is open for Carroll County residents and haulers. The Commission agrees to provide Ames with the scheduled days and hours of operation, and to notify Ames of any anticipated modifications to the schedule as soon as practicable once the need for a schedule change is known. 1. It is understood that from time to time, it may be necessary for the hours of operation of the Landfill to be temporarily modified due to weather conditions, reasons of safety, or other exceptional circumstances. Such schedule changes shall be solely up to the judgment of the Commission or its designated staff person, who shall promptly notify Ames of the need for the change and its duration. 2. In the event Ames requests the right to deliver Acceptable Waste to the Landfill outside of scheduled hours of operation, the Commission shall make a reasonable effort to accommodate the request, provided that (1) Ames provides advance notice of the request and (2) compliance with the request does not violate the Commission’s permit. Ames agrees to reimburse the Commission for any expenses incurred by the Commission in accommodating the request, provided the Commission furnishes Ames with an estimate of the costs in advance of the delivery. B. Acceptable Waste shall be delivered to the Landfill in a covered vehicle. All haulers delivering Ames’s waste shall be required to collect and properly dispose of any Solid Waste that may fall from their vehicle due to a violation of this requirement. C. The Commission agrees to provide and operate scale facilities for the weighing of Ames Transfer Trucks up to 96,000 pounds gross vehicle weight. The Commission shall ensure that the scale meets any and all accuracy requirements adopted or enforced by the Weights and Measures Bureau of the Iowa Department of Agriculture and Land Stewardship and shall be maintained in good operating condition. Each Transfer Truck shall be weighed prior to entering the Landfill and following exit from the Landfill to determine the net weight of delivered Solid Waste. D. Acceptable Waste shall be disposed of in areas of the Landfill as directed by Commission employees. E. The Commission reserves the right to reject any Hazardous Waste or Unacceptable Waste delivered to the Landfill and to periodically check for Hazardous Waste or Unacceptable Waste in loads delivered to Landfill by any Transfer Truck, Commercial Hauler, or Self- Hauler. 198 6 F. If a Transfer Truck delivers Hazardous Waste from Ames to the Landfill, the Commission shall segregate the Hazardous Waste and notify Ames. The Commission shall provide Ames with as much information as the Commission has available regarding the Hazardous Waste and its delivery (e.g., the amount and nature of the Hazardous Waste, the approximate timing of the delivery, the Transfer Truck making the delivery, etc.). Ames shall, within 72 hours, make arrangements for proper transportation and disposal of the Hazardous Waste. Any fees and/or charges associated with the transportation and disposal of Hazardous Waste shall be solely the responsibility of Ames. Ames agrees to pay all damages, costs, and expenses that result as a consequence of Hazardous Waste or Unacceptable Waste being delivered by any Ames Transfer Truck to the Landfill. G. The Commission shall be responsible for maintaining the Landfill in accordance with federal and state regulations and requirements and for completing/obtaining all permits, reports and plans required to comply with those federal or state regulations. H. Ames shall continue to operate individual management programs at its facilities for materials such as Household Hazardous Waste, mixed paper recycling, cardboard recycling, scrap metals, and yard waste. Ames’ management programs for Recyclable Materials shall be operated in a manner consistent with its Comprehensive Plan and Iowa DNR goals. I. Acceptable Wastes subject to Iowa DNR special waste authorization requirements must be delivered to the Landfill in a manner consistent with all applicable state and federal regulations and special waste authorizations. Acceptable Wastes will not be accepted unless all appropriate documentation and authorizations have been received. J. Ames agrees that during the period in which this Agreement is in effect, all Solid Waste consolidated at Ames’ Resource Recovery and Recycling Campus, except for those items listed in Article II, Paragraph H and any other materials as mutually agreed upon between Ames and the Commission, shall be delivered to the Landfill for disposal. 199 7 ARTICLE III COLLABORATION FOR MUTUAL BENEFIT A. In recognition of the limitations of available space within the Landfill for the disposal of Solid Waste, and the mutual desire of the Commission and Ames to preserve landfill space, reduce pollution, and serve as faithful stewards of the environment, the Commission and Ames agree to seek opportunities to collaborate for their mutual benefit. B. Ames shall provide periodic updates to the Commission regarding initiatives, partnerships, and vendor relationships being employed by Ames to recycle and otherwise divert material from disposal at the Landfill, and shall identify any specific opportunities that may exist for Recyclable Materials or other materials (e.g., yard waste, electronic waste, etc.) from the Commission’s service area to be recycled or put to beneficial reuse through Ames’ initiative(s). C. If suitable to convey the material, Ames shall consider the use of its Transfer Trucks to convey materials from the Commission’s facilities to the Resource Recovery and Recycling Campus on their return trips from the Landfill. Ames will endeavor to minimize costs associated with back-haul transportation of the materials, but reserves the right to consider the time necessary to load the Transfer Truck for the return trip to the Resource Recovery and Recycling Campus when determining the fees and charges associated with accepting materials from the Commission’s service area. D. Ames agrees to provide public education materials and initiatives related to solid waste disposal, reuse, and recycling for residents within its service area. The Commission may furnish any specific educational messages (e.g., materials acceptable or not acceptable for disposal in a landfill, etc.) to Ames for incorporation into its educational messaging. 200 8 ARTICLE IV RECORD-KEEPING AND REPORTING A. The Commission shall prepare and maintain proper, accurate and complete records of accounts of all transactions related to this Agreement. The Commission shall provide Ames with: 1. An oral and written notification of the delivery by Ames of any Unacceptable Waste to the Landfill, and 2. Monthly and annual reports containing the amount of Solid Waste and Acceptable Waste delivered to the Landfill. Such reports shall contain a breakdown of tonnages delivered by Transfer Trucks, Commercial Haulers, and Self-Haulers from Ames and its partnering agencies and jurisdictions. The Commission shall provide Ames with the monthly report within 20 calendar days of the end of each month. The Commission shall provide Ames with an annual report, audit and copy of the next fiscal year’s proposed budget within 60 days after the end of each calendar year. B. The Commission grants to Ames or its agents, at Ames’ expense, the right to inspect all books, records, plans, financial statements and other similar materials of the Commission insofar as they relate to the terms and conditions of this Agreement, upon reasonable notice to the Commission and during normal business hours. C. Ames shall provide the Commission or its agents with local records, materials, data, and other pertinent information required by the Commission to successfully undertake its obligations under this Agreement. 201 9 ARTICLE V PAYMENTS AND FEES A. The Commission shall invoice Ames monthly for Ames Acceptable Waste delivered by Ames Transfer Trucks and disposed of in the Landfill. Ames agrees to pay the Commission within 30 days of receipt of the Commission’s invoice. The Commission agrees to accept payment via electronic transaction and will furnish Ames with any documents or authorizations required by Ames’ Finance Department to make electronic payments. B. Ames shall only be responsible for paying for Acceptable Waste deposited in the Landfill by its own Transfer Trucks unless arrangements to the contrary have been made in advance between Ames and the Commission. If a Commercial Hauler or Self-Hauler delivers solid waste to the Landfill, the Commission agrees to seek payment from such Commercial Hauler or Self-Hauler directly. C. The Solid Waste tipping fee for Solid Waste delivered by Ames via its Transfer Trucks shall be set at $32.00 per ton from the effective date of this Agreement through June 30, 2028. The Solid Waste tipping fee will be increased 2% at the beginning of each fiscal year on July 1 thereafter. The City of Ames will pay the DNR tonnage fee directly to the State of Iowa. 1. Notwithstanding the foregoing, any new mandatory fees imposed by state or federal authorities may be passed on to Ames through the Solid Waste tipping fee at the time such new fees enter into effect (i.e., not limited to annually) upon the Commission providing written notice to Ames of the increase and the reasons therefor. The Commission will make efforts to provide advance notice to Ames of such fees to the extent practicable. D. Charges for disposal of wastes requiring special waste authorization from the State of Iowa or the Landfill shall be as established on a case-by-case basis by the Landfill. E. Unless an arrangement to the contrary has been made in advance between Ames and the Commission, Self-Haulers and Commercial Haulers delivering directly to the Landfill from Ames or its partnering jurisdictions or agencies will be charged the same rate as the solid waste tipping fee charged by Ames’ Resource Recovery and Recycling Campus. 202 10 ARTICLE VI TRANSITION A. It is understood that Ames is party to an Agreement for Joint and Cooperative Action for Waste Disposal Operations with Boone County, Iowa, which expires June 30, 2025. Ames intends to seek an extension of that agreement for a period not to exceed two years (to June 30, 2027), for the purpose of providing Ames and the Commission sufficient time to prepare the staffing, equipment, and procedures necessary to accommodate Ames’ solid waste disposal at the Commission’s facilities. B. During the period in which Ames remains a party to that Agreement for Joint and Cooperative Action for Waste Disposal Operations with Boone County, Iowa, the provisions of Articles II-V of this Agreement between Ames and the Commission shall be inoperative. Ames agrees to provide notice to the Commission of not less than thirty (30) days prior to the expiration or termination of its agreement with Boone County. C. To facilitate an orderly transition, the Commission agrees that Ames’s representatives may visit or inspect the Landfill during the normal hours of operation after providing the Commission reasonable notice. Any such visit shall be conducted in a manner that does not cause undue interference with the Commission’s operations. All visitors to the Landfill shall comply with all applicable safety and security rules adopted by the Commission. 203 11 ARTICLE VII TERM OF AGREEMENT; TERMINATION A. Recognizing that: 1) Ames may be able to begin operations of its Resource Recovery and Recycling Campus prior to July 1, 2027, and 2) Ames will incur substantial debt for its facility necessitating 20-year bonds that will begin repayment in 2027: This Agreement shall be in effect from July 1, 2025, until June 30, 2047, unless terminated earlier under the provisions of this Agreement, and may be extended thereafter by mutual agreement of the parties hereto. B. Due to the need for the Commission to procure land and prepare for the disposal of Ames solid waste, the Commission may, at its option, decline to accept some or all Ames solid waste prior to July 1, 2027. The Parties agree to cooperate to determine a mutually acceptable date upon which to begin accepting Ames solid waste prior to July 1, 2027. Beginning July 1, 2027, the Commission may not decline to accept Ames solid waste except as otherwise provided by this Agreement. C. This Agreement may be terminated as follows: 1. Ames may terminate this Agreement under any of the following circumstances: i. If the Commission fails or is unable to complete any contractual obligation herein, and having received from Ames a notice to cure the same, has not done so within thirty (30) days; or ii. For any reason if Ames provides notice to the Commission of its intent to terminate this Agreement not less than one (1) year in advance of the desired termination date; or iii. For any reason if the Commission provides notice to Ames of its intent to terminate this Agreement nor less than one (1) year in advance of the desired germination date; or iv. Automatically upon Ames seeking and being awarded membership status in the Commission as evidenced by the execution of a membership agreement. In such an event all future dealings between the parties will be governed by the membership agreement, and this Agreement shall be terminated as of the date of the membership agreement. 2. The Commission may terminate this Agreement if Ames fails or is unable to complete any contractual obligation herein and having received from the Commission a notice to cure the same, has not done so within thirty (30) days. 3. Either party may terminate this Agreement under any of the following circumstances: 204 12 i. If the Commission is dissolved; or ii. If a change in state or federal law makes it impossible for one or both parties to comply with both the material terms of this Agreement and the requirements of the state or federal law, provided that the party intending to terminate this Agreement under this paragraph first confers with the other party and makes a good faith effort to identify possible modifications to this Agreement or alternative arrangements that will satisfy the requirements of the state or federal law. 205 13 ARTICLE VIII LIABILITY A. Pursuant to both state and federal laws that award any and all parties disposing of waste in a Landfill some proportionate share of the responsibility for current and future environmental contamination of the Landfill, Liability for Clean Up Costs shall be assessed as follows: 1. To the Commission, Ames, any of Ames’ partnering units of state and local government, or any business or industry therein that contributed the waste causing the contamination if the source of contamination can be accurately determined. 2. If the source of contamination cannot be accurately determined, then Ames shall share in the clean-up costs on a proportionate basis of the tonnage of waste delivered by Ames’ Transfer Trucks to the contaminated Landfill cell as compared to the overall tonnage of waste delivered by all users to the contaminated Landfill cell as evidenced by written records of deliveries, provided the Commission furnishes records demonstrating that waste loads to the contaminated Landfill cell underwent periodic inspections and the Commission adopted and enforced rules and regulations pertaining to contamination prevention at all times during the delivery of all waste to the contaminated Landfill cell. 3. Notwithstanding the foregoing, Ames shall not be responsible for cleanup costs related to contamination that may be accurately determined to have existed prior to the delivery of waste from Ames to the Landfill, or any contamination arising from a failure of the Commission to perform maintenance of the Landfill, or arising from an act of misconduct, recklessness or negligence by the Commission, its officers, agents or employees. 206 14 ARTICLE IX INSURANCE A. The Commission agrees that in order to protect itself and Ames it will at all times of this Agreement keep in force and effect casualty and property insurance policies issued by a company or companies authorized to do business in the state of Iowa, which policies shall provide General Liability coverage with limits not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and Automobile Liability coverage with limits not less than $1,000,000 combined single limit per accident. The Commission shall furnish a copy of the certificate(s) of insurance to Ames upon request. B. Ames agrees that in order to protect itself and the Commission it will at all times of this Agreement keep in force and effect casualty and property insurance policies issued by a company or companies authorized to do business in the state of Iowa, which policies shall provide General Liability coverage with limits not less than $1,000,000 combined single limit per occurrence for bodily injury, personal injury and property damage, and Automobile Liability coverage with limits not less than $1,000,000 combined single limit per accident. 207 15 ARTICLE X MISCELLANEOUS A. This Agreement, including all attachments incorporated by reference, represents the entire Agreement between the Commission and Ames. No modification of this Agreement shall be considered valid unless reduced to writing and adopted by mutual consent of both the Commission and Ames. B. Representatives of the Commission and Ames shall meet not less than semi-annually to discuss the implementation of this Agreement and any other matters of mutual concern. C. Any notice or other communication required or permitted hereunder shall be in writing and will be deemed sufficiently given only if delivered in person or when sent by first class mail, postage prepaid, return receipt requested, and addressed as follows: If to the Commission: Carroll County Solid Waste Management Commission Attn: Solid Waste Director 19111 Kittyhawk Avenue Carroll, IA 51401 If to Ames: City of Ames, Iowa Attn: Public Works Director 515 Clark Avenue Ames, IA 50010 D. All parts and provisions of this Agreement are severable. If any part or provision herein shall be held invalid, the remaining parts and provisions of this Agreement shall remain in full force and effect. E. The Commission and Ames bind themselves jointly and severally, their successors, executors, administrators, and assigns in respect to all covenants of this Agreement. (signatures follow on the next page) 208 16 CARROLL COUNTY, IOWA, SOLID CITY OF AMES, IOWA WASTE MANAGEMENT COMMISSION __________________________________ __________________________________ By: XXXXXXXX, Chair By: John A. Haila, Mayor Attest: Attest: __________________________________ __________________________________ 209 ITEM #:31 DATE:07-08-25 DEPT:POLICE SUBJECT:MOTION APPROVING/DENYING A CLASS C RETAIL LICENSE - LA CASA MAYA, 631 LINCOLN WAY, CLASS C RETAIL ALCOHOL LICENSE WITH OUTDOOR SERVICE COUNCIL ACTION FORM BACKGROUND: State alcoholic beverage licenses and permits must receive approval by the local authority (City Council), before they can be issued by the State. La Casa Maya, 631 Lincoln Way, is currently up for renewal. The Police Department conducts compliance checks on establishments that hold liquor licenses in the City of Ames. These compliance checks are completed by taking an underage person to liquor licenses establishments who then attempts to purchase alcohol. A business passes the check if the employee asks for identification and rightly refuses the purchase. An establishment fails the compliance check if the employee sells to the underage person. In the past 12 months, La Casa Maya has failed two out of three compliance checks. The first failed compliance check occurred on 11/22/2024 . A minor (20 years old) was served an alcoholic beverage. The minor ordered an alcoholic drink and the employee asked for identification. The employee was handed the minor's genuine ID showing them to be 20 years of age. The employee failed to recognize the individual was under the age of 21. The restaurant co-owner was encouraged to attend the Police Department's ID training, download the Iowa Age to Purchase app, and to take the I-PACT (Iowa Program for Alcohol Compliance Training) online training. The second failed compliance check occurred on 5/2/2025 . Again, a minor (20 years old) ordered an alcoholic drink and the employee asked for identification. The employee was handed the minor's genuine ID showing them to be 20 years of age. The employee failed to recognize the individual was under the age of 21 and served an alcoholic drink. The establishment was again encouraged to attend bar meetings, trainings, and utilize other tools. After both failures, a letter was sent to the establishment to ensure they were aware of the failures. On June 26, 2025, a follow up compliance check was conducted and La Casa Maya passed this check. Since the first failed compliance check, the Police Department has held two ID training sessions, one in February and one in May. No employees from La Casa Maya have attended the trainings. In preparation for the report to Council, the manager, Felipe, was contacted about the performance of the establishment. He confirmed that he knew about the failed compliance check failures and that the department had offered ID training and Quarterly meetings. Felipe said no training has been provided to the employees beyond managers telling employees to check IDs. 210 The Police Chief has serious concerns about a business who has failed two out of three compliance checks in the previous 12-months and has also failed to attend any trainings offered by the Police Department to improve their performance. In addition, it appears as though no staff is trained in checking IDs after being offered both department offered ID training and the State of Iowa I-PACT training. Therefore, the Police Chief is recommending denial of the application. The manager was advised to ensure someone from the establishment was available to attend the City Council meeting to speak to their efforts. ALTERNATIVES: 1. Deny the renewal application of La Casa Maya. 2. Approve the renewal application of La Casa Maya. CITY MANAGER'S RECOMMENDED ACTION: The Police Department conducts compliance checks to ensure liquor license holders are complying with their obligation to not sell alcohol to underage individuals. La Casa Maya has failed two of three compliance checks in the last year. The staff has also failed to attend any ID trainings offered by the Police Department after being encouraged to do so. The manager also told the Chief of Police that no staff has received any training at all in checking IDs beyond managers telling staff to check IDs. Therefore, it is the recommendation of the City Manager that the City Council support the recommendation of the Chief of Police to approve Alternative No. 1, as noted above. 211 ITEM #:32 DATE:07-08-25 DEPT:ELEC SUBJECT:FIRE ALARM UPGRADE FOR POWER PLANT COUNCIL ACTION FORM BACKGROUND: Fire risk mitigation is important to the operation of the Power Plant to ensure employee safety and to protect equipment. The fire protection standards of today are more rigorous than the requirements when the Power Plant was originally built. The City’s insurance carrier has made some loss prevention recommendations for the Power Plant. To address fire risks and possible equipment loss events, staff has a contract with a consulting engineering firm to provide fire protection engineering, contract administration, and possible field installation oversight for the Power Plant. On June 11, 2024, City Council awarded a contract renewal to Burns & McDonnell of Bloomington, Minnesota to design an upgraded fire alarm system in the Power Plant. The fire alarm system upgrade will add smoke detection over motor control centers and consolidate existing fire alarm zones into one system that will improve notification to the control room in the event there is an issue. The engineer's estimate for this project is $530,000. On May 27, 2025, City Council approved preliminary plans and specifications for the Fire Alarm Upgrade for the Power Plant. An Invitation to Bid was advertised on the Current Bid Opportunities section of the Purchasing webpage and a Legal Notice was published on the websites of a contractor plan room service with statewide circulation. On June 25, 2025, one bid was received from Van Maanen Electric Inc, of Newton, Iowa, in the amount of $359,895 (inclusive of sales tax). Staff reviewed the bid and determined it is acceptable. Funding for the Fire Alarm Upgrade will come from the Power Plant Fire Protection account where there is a current balance of $925,665. ALTERNATIVES: 1. The City Council can do the following: a. Approve the report of bids. b. Approve final plans and specifications and award a contract to Van Maanen Electric Inc. of Newton, Iowa in the amount of $359,895. 2. Do not proceed with the project at this time. CITY MANAGER'S RECOMMENDED ACTION: This work is necessary for fire risk mitigation (fire detection, alarm, and suppression) to improve protection of personnel and critical plant equipment. A loss event resulting from a fire could be catastrophic because of the potential to injure personnel and halt electric production. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1 as stated above. 212 ITEM #:33 DATE:07-08-25 DEPT:PW SUBJECT:PUBLIC HEARING VACATING PUBLIC STREET RIGHT-OF-WAY ON LOT J OF BLOOMINGTON HEIGHTS WEST PLAT 3 COUNCIL ACTION FORM BACKGROUND: Lot ‘J’ of Bloomington Heights West Plat 3 Subdivision was dedicated to the City in 2004 to provide for a future extension of Harrison Road westward across the Chicago & Northwestern Trans Co railroad corridor. Subsequent development to the west (Northridge Heights Subdivision, platted in 2010) did not provide for continuation of Harrison Road, and the future extension has been removed from the City’s long-range transportation network plans. Lot ‘J’ remains in City ownership, but is recorded as public street right-of-way. This designation has prevented the Story County Auditor from assigning a Parcel ID, limiting the City's ability to dispose of or develop the property. On May 27, 2025, the City Council approved an Option Agreement with Keystone Equity Group for the development of 12 ownership housing units on this parcel. In order to proceed, the parcel must first be vacated as right-of-way. A Public Utility Easement (PUE) will be established over the easterly 5 feet of Lot ‘J’, as indicated on the attached exhibit, to accommodate existing public utilities present on the lot and to match existing PUEs on the adjacent parcels. ALTERNATIVES: 1. Approve the following: a. Vacation of the public street right-of-way designation on Lot ‘J’ of Bloomington Heights West Plat 3. b. Establish a 5-foot public utility easement on the easterly property line of said parcel. 2. Do not approve the vacation and maintain the parcel as public right-of-way. 3. Refer the item back to staff for further review or modification. CITY MANAGER'S RECOMMENDED ACTION: Vacating the right-of-way designation from Lot ‘J’ is a necessary step to enable infill housing consistent with the City’s goals and the previously approved Option Agreement. The condition of a 5-foot utility easement ensures that existing infrastructure remains protected. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative No. 1, as described above. 213 ATTACHMENT(S): BloomingtonHeightsWestPlat3.pdf Lot_J_Exhibit_A.pdf Easement_Lot_J_Bloomington_Heights_West_Plat_3.pdf 214 21 5 216 217 218 219 220 ITEM #:34 DATE:07-08-25 DEPT:P&H SUBJECT:REZONE PROPERTY AT 57258 220TH STREET (EAST 13TH STREET) FROM AGRICULTURAL (A) TO GENERAL INDUSTRIAL (GI) COUNCIL ACTION FORM BACKGROUND: The City of Ames initiated an annexation and concurrent rezoning of the property located at 57258 220th Street from Agricultural (A) zoning to General Industrial (GI) upon annexation into Ames (See Attachment A- Location Map). The property is owned by JT Real Estate Holdings, LLC. The property consists of 1-acre of vacant land that is currently located in rural Story County. The property is on the south side of 220th Street, otherwise known as East 13th Street in the City of Ames. The property is surrounded on three sides by land that is already inside the City of Ames and owned by JT Real Estate Holdings, LLC. The current Land Use designation in the Ames Plan 2040 Comprehensive Plan is Employment. The surrounding property to the west, south, and north is currently zoned GI and has an approved Master Plan from 2023. The owner is in the process of developing Warehouse Distribution buildings on the neighboring property. The owner of the abutting land plans to merge the property with the existing abutting lot in order to make the site more uniform for development. The rezoning would ease the combining of the site with the previously approved project and is consistent with Ames Plan 2040. The effective date of the rezoning is contingent upon notice from the state of final approval of the annexation. The Planning & Zoning Commission reviewed this request on June 18 and voted 6-0 to recommend that the City Council approve the rezoning request. ALTERNATIVES: 1. Approve the request to rezone 57258 220th Street from Agricultural (A) to General Industrial (GI) upon its annexation to the City. 2. Deny the request to rezone the property. 3. Defer action on this request and refer it back to City staff and/or the applicant for additional information. CITY MANAGER'S RECOMMENDED ACTION: The request for rezoning is consistent with the Ames Plan 2040 proposed Future Land Use Map as described in the addendum. The property proposed for rezoning will have access to existing infrastructure and City services. If future development of the subject property occurs, the General Industrial (GI) zoning would be compatible with adjacent properties. Any future development will be required to meet development standards for 221 the GI zone. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative #1, as described above. ATTACHMENT(S): ADDENDUM.pdf Attachments A-F.pdf 222 ADDENDUM Rezoning Background: Legal Description. See Attachment F – Legal Description. Current Zoning. The current zoning designation will be Agricultural (A) zoning upon Annexation completion. The (A) zoning designation is consistent with all newly annexed land prior to being rezoned. (See Attachment B- Current Zoning) Existing Uses of Land. Land uses that occupy the subject property and other surrounding properties are described in the following table. Direction from Subject Property Existing Primary Land Uses and Zoning Districts Subject Property Vacant Agricultural North Street Right-Of-Way Agricultural Unincorporated Story County East Vacant General Industrial (GI) With Masterplan South Vacant General Industrial (GI) With Masterplan West Distribution Center General Industrial (GI) With Masterplan Ames Plan 2040. The Ames Plan 2040 Comprehensive Plan designates the future land use for this property as Employment. (See Attachment E-Land Use Map) The Employment land use designation supports zoning designations such as General Industrial (GI) as it is meant to support zoning districts where business and industrial development would be expected in the future. (See Attachment D-Land Use Map.) Proposed Zoning. The proposed zoning is General Industrial (GI) which is supported by the Employment designation in Ames Plan 2040 and matches the zoning on the property to the west, south and east inside the City which the land owner anticipates merging into the aforementioned abutting properties. (See Attachment C- Proposed Zoning). Infrastructure. The property can be served by existing infrastructure either in place or being installed currently. The site will have access to full City infrastructure and services. Findings of Fact. Based upon an analysis of the proposed rezoning and laws pertinent to the proposed map amendment, staff makes the following findings of fact: 1. The subject property is owned by JT Real Estate Holdings, LLC. 223 2. Ames Municipal Code Section 29.1507(1) allows the City Council to initiate an amendment to the Official Zoning Map. 3. The proposed rezoning is consistent with the designation of Employment as identified on the Ames Plan 2040 Future Land Use Map. 4. The proposed rezoning to rezone the property from Agricultural (A) to General Industrial (GI) is consistent with the surrounding area where the abutting land is zoned GI already and in anticipation of the merging of the property with abutting GI zoned property. 5. Infrastructure and City services are available for extension into the site. 6. Traffic improvements are being made nearby in conjunction with development of the abutting property to the west. No traffic improvements are necessary for this property. Public Notice. The City provided mailed notice to all property owners within 400 feet of the subject property and placed a sign on the property, prior to the Planning and Zoning Commission meeting in accordance with the notification requirements of Chapter 29. 224 1 Attachment A Aerial & Location Map 225 2 Attachment B Current Zoning Map (excerpt) 226 3 Attachment C Proposed Zoning Map (excerpt) 227 4 Attachment D Ames Plan 2040 Future Land Use Map (excerpt) 57258 220th Street Location & Land Use 228 5 Attachment E Ames Plan 2040 (excerpt) 229 6 Attachment F Legal Description Commencing at the Northwest corner of the Northeast Quarter of the Northwest Fractional Quarter of Section 5, Township 83 North, Range 23 West of the 5th Principal Meridian, Story County, Iowa; thence East 157.1 feet along the north line of the Northwest Fractional Quarter of Section 5; thence South 168.8 feet; thence West 258.1 feet; thence North 168.8 feet to said north line; thence East 101.0 feet along said north line to the point of beginning. Said tract contains 1.00 acre, which includes 0.24 acre of public right of way. 230 ITEM #:35 DATE:07-08-25 DEPT:P&H SUBJECT:ZONING TEXT AMENDMENTS FOR DRIVEWAY DIMENSIONS AND SPACING AND A NEW PAVING EXCEPTION FOR LONG DRIVEWAYS COUNCIL ACTION FORM BACKGROUND: City Council reviewed a presentation from the Ames Home Builders Association (AHBA) at the April 22 Council meeting concerning their interests in expanding driveway options for single- family homes. Staff also provided an overview of the original goals of the 2023 overhaul of front yard parking and driveway standards, which included: Creating flexibility for homeowners to add “flared” side yard parking on site Redefining driveway minimum and maximum dimensions to provide clarity and consistency for all single-family properties Ensuring management of driveway curb cuts to minimize pedestrian conflicts and support on-street parking and safety Ensuring on site driveway paving area compatibility within existing neighborhoods Allowing existing front yard paving, regardless of permitting, to be legally pre-existing paving as of January 1, 2023 After two years of working with the 2023 regulations, the AHBA believes that wider driveway options will provide more convenience to homebuyers. City Council authorized the AHBA to apply for changes to standards for driveway widths and spacing of second driveways. Separate from the original referral, a property owner and their contractor commented during the driveway standards discussion to the Planning and Zoning Commission about their interest in creating a paving exception for long driveways. The Commission recommended that Council consider creating such an exception with the changes to other driveway standards. This report addresses approval of a draft ordinance (Attachment A) on first reading that allows for increases the driveway's maximum widths and reduces the second driveway separation standards as currently agreed to between the staff and AHBA. Additionally, this report includes discussion about whether to create an ordinance for a long driveway paving exception for approval at a future meeting. DRIVEWAY DIMENSION ORDINANCE The Addendum includes a general overview of paving and driveway standards along with a driveway configuration diagram and other examples to assist in review of the proposed 231 changes. The City's driveway standards require driveway paving to lead to a parking space and to be proportional to the width of the garage or uncovered parking space. With this requirement in mind, the City has maximum width limitations for driveway approaches measured at a property line and curb line. The current relevant dimensions are below as follows: Maximum driveway approach/curb cut widths measured at the sidewalk/or right-of-way line if no sidewalk. 1-car garage: 12-foot maximum (+ curb line flares of 3-5 feet required) 2-car garage: 20-foot maximum (+ curb line flares of 3-5 feet required) 3-car garage: 24-feet maximum (+ curb line flares of 3-5 feet required) Limit second curb cuts to when a property has at least 150 feet of frontage. Summary of proposed standards: 1. Remove reference to garage size as setting the maximum widths. 2. Measure width at the curb line rather than property line because of the variable flare widths. 3. Increase the maximum width of a driveway, if it corresponds to the garage width, to 34 feet, inclusive of curb flares. This allows for a straight line width of 28 feet maximum with 3-foot flares, and 24 feet maximum with 5-foot flares.(This does not change the O-SFC limit of 12 feet in the front yard). 4. Reduce driveway separation distances from 150 feet of frontage to 100 feet of lot frontage. 5. Second driveways are required to meet spacing requirements along the street of at least 34 feet between driveways. Driveway width are limited to 12 feet plus flares. The proposed change does not alter the on-site width limitations of a driveway, but it does create a larger maximum width at the property line which in many cases will allow for more straight in driveways with less angled taper for wider garages. For example a 22-foot wide two-car garage home will still be limited to 22 feet of driveway width plus flares, it cannot be expanded to the maximum of 28 feet plus flares because it would not be proportional to the width of the garage. Additional side yard paving with a taper can still be added as is currently allowed. Planning and Traffic Engineering staff reviewed proposals from the AHBA and determined that the changes identified above are consistent with SUDAS for maximum and minimum safety requirements. With the these changes the onsite driveway configurations and allowance for side yard flared parking with a taper are unchanged. 232 During the preliminary discussions of these changes in April with City Council, staff noted that there are a wide range of driveway regulations of widths. Some communities have a maximum of 24 feet as we do, while others permit wider driveways similar to this proposal or have no specific standard. The Planning and Zoning Commission voted 6-0 on June 16th to support the new driveway dimensions. No one from the public spoke at the meeting. Notice was published in the newspaper and posted on the Planning website for Development Projects and Legal Notices. LONG DRIVEWAY EXCEPTION REQUEST The P&Z Commission received a letter regarding driveway paving exceptions for their consideration with driveway standards on June 16. The original letter is attached as Attachment B. In essence the homeowner is constructing a new home on large wooded lot off of Oakwood with a driveway length exceeding 1100 feet. The home has a rock driveway for construction and fire access and the owner desires to not have to pave the entire driveway to conform to the City's front yard parking and driveway paving standards. Paving of the approach connecting to the road would still be required if the overall paving was not required. Staff believes this is an unusual circumstance for Ames with a 1000-foot plus length driveway, but there are some legacy properties annexed to the City and some properties not in modern subdivisions with longer driveways off of former county roads or that may traverse hills and go through woods that could be hundreds of feet in length. Most homes in Ames have driveways of less than 50 feet in length on-site because new subdivision homes are most commonly built at front setback distances of 20-30 feet. The City has a paving requirement in order to delineate appropriate areas for vehicle parking and maneuvering, control dust and noise, potentially reduce or control runoff and erosion, and to manage sidewalk crossings and connections to streets to avoid track out and rock debris. The Council did not directly initiate a text amendment regarding this issue so at this time it is the P&Z's recommendation to include an exception with the driveway ordinance amendments. The P&Z voted to support an exception for driveways exceeding 300 feet with a requirement to pave the connection to the street. No other guidance or standards were discussed by the Commission other than the location of the owners property and the length the driveway in this instance. If City Council is interested in creating a paving exception, it could either add it to the Zoning Board of Adjustment special exceptions as a Minor Area Modification application for case by case review or it could adopt an administrative exception process that staff approves. Staff is not recommending a specific exception, but has outlined below an approach that could be used to formulate a paving exception ordinance for approval at a future meeting. Exception -Residential long driveway. A substitute surface material of rock may be approved by the Planning and Housing director for all or part of a long driveway, after consultation with the Municipal Engineer and Fire Inspector, if: 1. The single family dwelling driveway length exceeds 300 feet from the right-of-way to the 233 dwelling; 2. The site has unique characteristics of a rural, agricultural, or wooded setting; 3. The driveway width is minimum required for access (12-16 feet); 4. The driveway approach is paved to the specifications of SUDAS and the first 50 feet of the driveway is paved on site. 5. A site that already has a paved driveway is not exempt from the paved driveway standard and cannot be widened or otherwise modified with rock or other noncompliant surface materials. ALTERNATIVES: 1. Approve the following: a. First reading of an ordinance for changes to Driveway Dimensions and Spacing (Attachment A). b. Direct the City Attorney to draft an ordinance for a paving exception for long driveways to be approved by staff/Zoning Board of Adjustment. 2. Modify the text of proposed Driveway Dimensions and Spacing ordinance and approve on first reading, and/or modify the proposed text for a driveway paving exception to be put on a future agenda. 3. Approve only the Driveway Dimensions and Spacing Ordinance and take no action on the driveway paving exception. 4. Refer this item to staff for further information. 5. Deny the proposed driveway changes. CITY MANAGER'S RECOMMENDED ACTION: In 2023, the City Council made major updates to front yard parking and driveway standards. The changes were a balance of increasing owner flexibility to provide more on-site parking and managing the street right-of-way for safety and on-street parking needs. These changes have taken time to learn and adapt to within the building community after years of minimal oversight of driveway permits. The proposed changes are the maximum that City staff believes meet the interest of the AHBA and still attain Council's original 2023 goals for the updated driveway standards. Therefore, the City Manager recommends the City Council adopt Alternative #1a for approval of the ordinance. Uniquely, the Council must also determine whether to proceed with requested long driveway paving exceptions as described in Alternative #1b. Council will need to direct staff regarding whether to draft an ordinance based upon text in this report, and if so, then whether to have it go as an exception through ZBA for approval or for staff review only. ATTACHMENT(S): Attachment A Ordinance Driveway Dimensions.PDF Addendum Driveway Dimensions.docx Long Driveway Exception Request Letter to P&Z.pdf 234 ORDINANCE NO. AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTIONS 29.406(7) and 29.406(10) THEREOF, FOR THE PURPOSE OF MODIFYING DRIVEWAY WIDTH AND STANDARDS 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 29.406(7) and 29.406(10) as follows: “Sec. 29.406. OFF-STREET PARKING. * * * (7)Locating Parking Spaces and Paving in the Front Yard. * * * (e)Household living and short-term lodging front yard vehicular parking within any "RL", "RM", "RH", "UCRM", "FS-RL", or "FS-RM" zones is prohibited, except upon an approved driveway that leads to a side or rear yard vehicular parking area or to a garage. Specifications for driveways are stated below, no other installation at grade of any expanse of asphalt, gravel, brick, concrete, or other form of paving is permitted without approval by the Planning and Housing Department: (i)No required parking for apartment buildings may be approved upon a driveway within a front yard. (ii)All newly constructed single and two-family dwellings shall provide for at least one required parking space located outside of the Front Yard. (iii) Prior to approval of a permit to establish an Accessory Dwelling Unit, two conforming paved parking spaces per dwelling unit of the single-family residence on the property must exist. * * * (10)Driveways. Driveways to all parking facilities shall be designed to promote safety and access management while providing convenient access to adjoining properties. Drive Through Facilities have additional standards within Article 13. The Planning and Housing Department shall maintain a Driveway Manual to provide examples and diagrams of generally accepted practices for conformance to front yard parking, paving, and driveway specifications for residential properties. (a)Driveway width and design characteristics shall be as specified in the Design Manual of the Statewide Urban Design and Specifications (SUDAS) as adopted by the City of Ames unless specified differently in this Chapter. Driveway width shall be the specified minimum to promote on street parking opportunities and pedestrian safety unless the City Traffic Engineer approves a wider driveway width (not to exceed SUDAS maximum) based upon the applicable following criteria: 235 (i)The extra driveway approach width is necessary to accommodate design dimension characteristics of non-residential vehicles that regularly use the site (does not apply to properties with dwelling units); or (ii)The extra driveway approach width is necessary to resolve concerns over safe approach and volume of traffic entering and exiting the site. (b)Additional driveways. (i)Additional nonresidential driveways shall be limited to the minimum number necessary for use and design characteristics of the site and in conformance with SUDAS standards. (ii)A second single or two-family driveway may be permitted by the Traffic Engineer if the lot has at least 150 100 linear feet of street frontage and can meet all other specifications and spacing requirements including 75 feet of separation between drives. New construction of a Two-Family Dwelling may have a second driveway approved by the Planning and Housing Director subject to size and appearance standards of Sec. 29.410 and all other specifications and spacing requirements, including conformance with all driveways design specifications including but not limited to widths, flares, sidewalk slope, and separation from other driveways (e.g. five feet) and property lines in accordance with the Driveway Manual. (c)Dimensions Single and Two Family (i)Single and Two-Family home driveway width onsite is intended to be proportional to the curb cut and approach dimensions in the right of way. The approach shall match the width of the approved driveway that leads directly to parking within an attached garage or vehicular parking outside of the front yard. (ii)The minimum Single and Two-Family home driveway width of the approach in the right-of-way shall be no less than 10 feet, the on-site driveway width shall be no less than 9 feet. (iii)The maximum width of a driveway approach is 12 feet for a one- car garage, carport, or uncovered parking spaces, 20 feet for a two-car garage, and 24 feet for a three-car garage. notwithstanding subsection (i) above, shall not exceed 34 feet inclusive of flares measured at the curb line. (iv) Driveway approaches that do not lead directly to a garage, including second or looped driveways on the same street frontage are limited to 12 feet. A second driveway shall have a minimum space of 34 feet between driveways are limited to the equivalent width of a one car garage. (iv) (v) On site driveway paving is limited to areas related to the width of the garage and exceptions described in this Section. In no event will additional paving adjacent to a driveway be approved that would allow for an additional parking space to be created in front of a home. Walkways adjacent to a driveway must be of a different decorative paving material or separated by five feet of vegetative landscaped area from the driveway paving. (v) (vi) Parking upon decorative paving, rock, gravel, or other material that is not the approved driveway is illegal front yard parking. * * *.” 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. 236 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 237 1 Addendum Front Yard Parking and paving requirements are primarily part of Article IV of the Zoning Ordinance Section 29.406. Section 29.406 can be found at this link. Summary of Driveway Regulations- The City requires that all parking and maneuvering areas be paved. Parking upon an unimproved surface is prohibited. The location and extent of paving for driveways is regulated primarily within front yards and requires approval of a permit from the City. Paving must lead directly to a parking space located outside of the front yard. The City has minimum and maximum standards for driveway approaches and on-site paving dimensions. Additionally, overall lot coverage limitations apply to paving. There are no specific paving setbacks for a single-family lot. In 2023, all existing front yard paving was deemed pre -existing and can be maintained and replaced. Expansion of paving is subject to current requirements. Public Works applies SUDAS standards for the driveway approach design within the right- of-way. The Zoning Ordinance currently requires driveways to be sized at the minimum SUDAS dimensions unless it is demonstrated to the traffic engineer a greater width up to the SUDAS maximum is necessary. This primarily applies to commercial properties, not residential. Driveway Dimensions Below is a general diagram of a standard driveway permit. For reference, staff has added annotation for the different dimensional references. Curb Flare Driveway Access Min/Max “Flared” parking with 45 deg taper from driveway 238 2 Current Dimension Standards-  Maximum driveway approach/curb cut widths measured at the sidewalk/or right-of-way line if no sidewalk. o 1-car garage: 12-foot maximum (curb flares of 3-5 feet required) o 2-car garage: 20-foot maximum (curb flares of 3-5 feet required) o 3-car garage: 24-feet maximum (curb flares of 3-5 feet required)  Limit second curb cuts to when a property has at least 150 feet of frontage. Note the maximum width is measured at the sidewalk, the width at the street curb line includes the flare width. Most commonly 3-foot flares are used for standard residential driveways, 5 feet is used to address higher speed streets or other unusual circumstances. Adding the flare width results in totals at the curb line of the street of up to 22 feet for a 1-car; 30 feet for a 2-car, and 34 feet for a 3-car garage. The AHBA believes the above limitations on width create awkward and undesirable dimensions that can make usability difficult for wider two-car and three-car garages, both straight in and side loading access. Examples provided by the AHBA focused on an interest in having more “straight in” approaches with less tapers and angling required on site. AHBA provided these examples to illustrate their concerns with the current requirements and how alignments have been adjusted to meet the maximum width at the sidewalk. Staff has reviewed many examples of driveway permits with the AHBA as part of this discussion. In staff’s opinion, these situations arise when two-car garages have separate individual doors plus the middle separations, three-car garages have individual doors with spacing between, and placement of a 3-car garage face at 25-foot minimum setbacks, which limits maneuverability on site and can cause sharp angles. Homebuilders typically must shift a garage to one side or the other for larger garages, rather than centering the driveway, to meet the width requirements and ensure on site maneuverability is adequate. Proposed Driveway Dimension Changes The result of the AHBA proposal is to effectively add four to eight feet of width at the sidewalk. Effectively it allows for a maximum 28-foot wide straight in driveway 239 3 that leads to a garage as measured at the sidewalk, which minimizes the degree of on-site taper. If a property owner requested wider flares, the driveway width would be narrowed to still meet the maximum 34-foot standard. An example of built conditions representing the differences of proposed and existing follows on the next page. Driveway Width-3 car garage examples Staff believes that within new subdivisions there will be minimal impacts on character, convenience or safety. Existing neighborhoods have the greatest potential for impact due to narrows lot configurations and greater densities, but are less likely to have space for the extra wide driveways and meet other design requirements. Having a single maximum standard will put pressure on staff to review the basic requirement of matching width of Matches AHBA Proposal -Max 28’, 34’ at curb line Allowed- 24’ with taper 28’ no taper 24’ with taper 240 4 the garage and driveway on a case by case basis. For example, a two car garage that is 22 feet wide will be limited to a maximum driveway width of 22 feet plus flares at the curb, they are not permitted to build an oversized 28-foot driveway that does not correspond to the width of the driveway leading to the garage. On site paving for side yard flared parking that is wider than the driveway will still require the taper. Proposed Second Driveway Spacing AHBA also proposes to reduce the current looped or second driveway standard from 150 feet to 100 feet of frontage. The current width of 150 feet essentially guarantees that a second driveway curb cut could only occur on corner lots with two frontages. The new standard will allow for larger lots on local streets to have two curb cuts subject to design requirements. A looped driveway situated along the same street frontage would be restricted to minimum driveway widths to minimize impacts of curb cuts. Minimum spacing between looped driveways would be a minimum of 34 feet to ensure site lines and on-street parking would exist. Loop driveways are uncommon, but builders think that some custom homes, like those previously built along Ada Hayden Drive within Quarry Estates, would benefit from this option. The 100-foot lot width threshold will limit the use to only a handful of large lots that are platted in new subdivisions and some existing lots. 241 June 12, 2025 Planning and Zoning Commission City of Ames Ames, IA RE: Request for Exception to Driveway Paving Requirements Dear Planning and Zoning Commission, We understand the Commission is currently considering changes to driveway standards. We have a proposed change that we would like you to consider—specifically, adding an exception for paving requirements for long driveways. This is in reference to Zoning Code Section 29.406 titled “Improvements of off-street parking areas and driveways.” We have recently built a home at 2617 Oakwood Rd that has a driveway approximately 1,100 feet in length. This driveway meets the access requirements set by the fire department, but the surface is gravel. While we anticipate the need to pave the approach, we request the Commission consider allowing an exception for long driveways like this to use gravel rather than requiring concrete or asphalt pavement. Thank you for your time and consideration. Sincerely, Ryan Allan Prestige Builders 2617 Northridge Parkway, Suite 101 Ames, IA 50010 515.451.1275 (Cell) Alex and Laci Wickenkamp Homeowners 2617 Oakwood Rd Ames, IA 50010 242 ITEM #:36 DATE:07-08-25 DEPT:ELEC SUBJECT:RENEWABLE ENERGY BUYBACK PROGRAM CHANGES COUNCIL ACTION FORM BACKGROUND: Following the adoption of the Climate Action Plan by City Council, and in light of the recent Cost of Service Study for the Electric Utility, the Electric Utility Operations Review Advisory Board (EUORAB) was asked to review the existing Retail Solar program. Based on the analysis and recommendations from the Cost of Service Study, staff developed several alternatives or adaptations of the existing Retail Service program which are consistent with the Cost of Service Study results. After discussion at several EUORAB meetings, EUORAB held a public workshop on October 24, 2024, requesting feedback from the public (minutes attached). After reviewing the comments from the public meeting, EUORAB recommended the following changes: 1. Increase the rebate level for new solar installations from $100/kW-installed to $500/kW-installed. This will lower the amount a customer needs to borrow for an installation. Funding for this increase will come from the Electric Services Demand Side Management (DSM) budget. For a typical installation of 7 kW, the rebate would change from $700 to $3,500. 2. Adjust the excess energy buyback rate formula for new solar installation by using the MISO on-peak energy prices for all customer classes (3-year average of on- peak MISO energy costs is approximately 3.5 cents/kWh). This allows all customers to receive the same rate, and links excess energy production to the alternative costs the utility would otherwise pay to purchase the energy. 3. Grandfather existing customers under the program terms they joined under. Following a date to be determined, new solar projects would be subject to the updated terms and conditions. 4. Raise the existing program cap from 2,000 kW to 4,000 kW. The existing program is capped at 2,000 kW of installed solar. With 1,658 kW already installed, the program is nearly full. This change will allow additional projects to be added to the system. In order to codify these changes, amendments to the Municipal Code and the Electric Utility Tariff are necessary. Draft amendments have been drafted and are attached to this report for the Council's consideration. 243 ALTERNATIVES: 1. Make changes to the Renewable Energy Buyback Program by approving: a. First reading of an ordinance amending Chapter 28 of Municipal Code b. A resolution amending Appendix H, Ames Municipal Electric Utility Tariff No. 5 2. Do not approve changes to the retail Renewable Energy Buyback program. 3. Refer this item back to EUORAB or staff for further information. CITY MANAGER'S RECOMMENDED ACTION: Adopting the proposed changes to the Renewable Energy Buyback program will better align buyback rates with the recently completed Cost-of-Service study results. The proposed program changes provide more money to customers upfront, align the energy cost with market value, and create a common energy buyback rate across all customer classes. Therefore, it is the recommendation of the City Manager that the City Council adopt Alternative 1, as noted above. ATTACHMENT(S): Resolution Appendix H - Net Metering (Sec.2.7).PDF Ordinance Renewable Energy Buyback Rates(Sec.28.110).PDF 244 RESOLUTION NO. ______ A RESOLUTION AMENDING APPENDIX H BE IT RESOLVED by the City Council for the City of Ames, Iowa, that the following Appendix H, Section 2.7 Availability of Net Metering rate shall be amended for the purposes of net metering regulations. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, that Appendix H, Section 2.7 shall be amended as follows: APPENDIX H AMES MUNICIPAL ELECTRIC UTILITY ELECTRIC TARIFF NO. 5 SERVICE RULES SHEET NO. 12 * * * Sec. 2.7 Availability of Net Metering Net Metering is available to any retail customer receiving electric service under a City of Ames Electric Services rate schedule who owns and operates an approved on-site generating system powered by a renewable resource capable of producing not more than 500 kVA (kilovolt-amperes) of power, and who interconnects with the City of Ames Electric Services’ electric system. In order to qualify for this tariff an applicant must first obtain approval to interconnect and meet the City of Ames requirements, as determined by the City of Ames Electric Services department. Renewable energy technologies include those that rely on energy derived directly from the sun, on wind, geothermal, hydroelectric, wave, or tidal energy, or on biomass or biomass-based waste products, including landfill gas. A renewable energy technology does not rely on energy resources derived from fossil fuels, waste products from fossil fuels, or waste products from inorganic sources. Net metering applies to a customer- owned generating system that primarily offsets part or all of the customer’s electric service energy requirements provided by City of Ames Electric Services. The availability of this tariff is limited to the first 2,000 4,000 kW of qualified and interconnected generation (based on the aggregate sum of the individual system output ratings of all interconnected systems served under this tariff). All of the requirements, benefits, terms and conditions of this tariff are subject to change. Customers receiving net-metered service under this tariff assume all risks associated with future changes to this tariff. * * * ADOPTED this day of , 2025. __________________________________________________________________________ Renee Hall, City Clerk John A. Haila, Mayor 245 ORDINANCE NO. __________ AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF AMES, IOWA, BY AMENDING SECTION 28.110 THEREOF, FOR THE PURPOSE OF ESTABLISHING RESIDENTIAL, COMMERCIAL AND INDUSTRIAL RENEWABLE BUYBACK RATES; 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 28.110 as follows: “Sec. 28.110. Renewable Energy Buyback Rates. Renewable electrical energy produced by an Ames Electric Utility customer and delivered to the City's electric system (in accordance with the conditions of service specified in Section 2.7 of Appendix H of the Ames Municipal Code) shall receive a credit to their utility account as follows: (1)For all retail customers who installed their system prior to September 1, 2025, these rates apply: (1) (a)Residential service.A residential rate customer's account shall be credited: (a) (i) 40% of $0.1213, plus $0.025 = $0.0735 per kWh of delivered energy for bills mailed on or between July 1 and October 31 (summer period). (b) (ii) 40% of $0.1005 per kWh, plus $0.025 = $0.0652 per kWh of delivered energy for bills mailed on or between November 1, and June 30 (winter period). (2) (b) Small Commercial service.A small commercial service customer's account shall be credited: (a) (i) 40% of $0.1149, plus $0.020 = $0.0678 per kWh of delivered energy for bills mailed on or between July 1 and October 31 (summer period) (b) (ii) 40% of $0.0986 plus $0.020 = $0.0594 per kWh of delivered energy for bills mailed on or between November 1 and June 30 (winter period) (3) (c)Commercial service.A commercial service customer's account shall be credited at 50% of $0.0644, plus $0.015 = $0.0472 per kWh of delivered energy (4) (d)Industrial service.An industrial service customer's account shall be credited at 63% of $0.0644, plus $0.010 = $0.0506 per kWh of delivered energy. (2)For all retail customers who interconnect a new system, or acquire an existing system on September 1, 2025 or after, these rates apply: (a)Residential service.A residential rate customer's account shall be credited: (i)Based on a 3-year rolling average of the MISO on-peak energy cost. The number will be calculated on a fiscal year basis and updated/applied on the first bill that is mailed every January. 246 (b)Small Commercial service.A small commercial service customer's account shall be credited: (i)Based on a 3-year rolling average of the MISO on-peak energy cost. The number will be calculated on a fiscal year basis and updated/applied on the first bill that is mailed every January. (c)Commercial service.A commercial service customer's account shall be credited: (i)Based on a 3-year rolling average of the MISO on-peak energy cost. The number will be calculated on a fiscal year basis and updated/applied on the first bill that is mailed every January. (d)Industrial service.An industrial service customer's account shall be credited: (i)Based on a 3-year rolling average of the MISO on-peak energy cost. The number will be calculated on a fiscal year basis and updated/applied on the first bill that is mailed every January. 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 247 To:Mayor & City Council From:Mark O. Lambert, City Attorney Date:July 8, 2025 Subject:Repeal Ames Resident Police Advisory Committee Item No. 37 MEMO The ordinance relating complying with the new state law regarding citizen review boards of police and repeal Ames Resident Police Advisory Committee (ARPAC) is attached for third reading and adoption. ATTACHMENT(S): Ordinance Repeal ARPAC.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 248 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 ESTABLISH ED. (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 249 To:Mayor & City Council From:City Clerk's Office Date:July 3, 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 250