HomeMy WebLinkAboutA015 - Resolution approving third amendment to 28E Funding Agreement with Story County Edge of Field ProjectITEM #: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.
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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.
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ATTACHMENT(S):
IDALS-Ames 28E Agreement Amendment 3-FINAL DRAFT.docx
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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).
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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
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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
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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
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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
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