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HomeMy WebLinkAboutA001 - July 14, 2026, Regular Meeting of the Ames City Council Extended Minutes1 MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL AMES, IOWA JULY 14, 2026 The Regular Meeting of the Ames City Council was called to order by Mayor John Haila at 6:06 p.m. on the 14th day of July, 2026, 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 Trey Anderson was also present. CONSENT AGENDA: Council Member Betcher requested to pull Item No. 22. Council Member Junck requested to pull Item No. 32. Moved by Junck, seconded by Beatty-Hansen, to approve the Consent Agenda less Item Nos. 32 and 22. 1. Motion approving payment of claims 2. Motion approving Report of Change Orders for period of June 16-30, 2026 3. Motion approving Summary of Minutes of the Regular City Council Meeting on June 23, 2026, and Minutes of the Special City Council Meeting on June 30, 2026 4. Motion approving Minutes of Civil Service Commission meeting on June 25, 2026 5. Motion approving Ownership Update for Class C Retail Alcohol License - Red Lobster #0747, 1100 Buckeye Avenue 6. Motion approving new Class C Retail Alcohol License - Studio 13, 400 Main Street (Basement), Pending Favorable Inspection 7. Motion approving new 5-Day (August 28 - September 1, 2026) Class C Retail Alcohol License - Christiani's Events LLC, 2321 North Loop Drive 8. Motion approving new 5-Day (September 1-5, 2026) Special Class C Retail Alcohol License - The Travelling Nova LLC, 220 S Teller Avenue 9. Motion approving the renewal of the following Alcohol Licenses: a. AJ's Liquor II, 2515 Chamberlain Street, Class E Retail Alcohol License b. Applebee's Neighborhood Grill & Bar, 105 Chestnut Street, Class C Retail Alcohol License c. Cyclone Experience Network, 1800 S 4th Street - Jack Trice Stadium, Class C Retail Alcohol License with Catering Privilege and Outdoor Service d. Patio Bar & Grill, 4518 Mortensen Road Stes 101-104, Class C Retail Alcohol License with Catering Privilege and Outdoor Service e. Sportsman's Lounge, 123 Main Street, Class C Retail Alcohol License with Living Quarters f. 313 Bar, 115 5th Street, Class C Retail Alcohol License with Catering Privilege 10. Motion approving request for pyrotechnics display during the Post Malone & Jelly Roll concert at Jack Trice Stadium on July 17, 2026 11. Motion approving request for Fireworks Permits for display from Jack Trice Stadium for 2026 Iowa State University (ISU) Home Football Games on the 2 following dates: a. Saturday, September 5, 2026 b. Saturday, September 19, 2026 c. Saturday, September 26, 2026 d. Saturday, October 3, 2026 e. Saturday, October 31, 2026 f. Saturday, November 14, 2026 g. Saturday, November 28, 2026 12. Motion approving requests from Octagon Arts Center for Octagon Art Festival on September 27, 2026: a. RESOLUTION NO. 26-415 approving closure of the following streets from 5:00 a.m. to 6:00 p.m.: i. Main Street, east of Clark Avenue (not blocking Wells Fargo Driveway) to just west of Duff Avenue (allowing traffic to access parking lot behind businesses) ii. Douglas Avenue, 5th Street to Main Street iii. Kellogg Avenue, south of alley to Main Street iv. Burnett Avenue, south of alley to Main Street b. RESOLUTION NO. 26-416 approving waiver of costs for electricity during the event ($10 estimated loss) c. Motion approving Blanket Temporary Obstruction Permit for the Central Business District d. Motion approving Blanket Vending License for duration of the event e. RESOLUTION NO. 26-417 approving waiver of fee for Blanket Vending License ($50) 13. Motion directing staff to notify Mediacom Communications that the City of Ames is relinquishing Government Access Channel 12 and Public Access Channel 16 14. RESOLUTION NO. 26-418 approving requests for Fitness Sports Ames' Turkey Trot on November 26, 2026, for road closures from 7:00 a.m. to 10:30 a.m. on the following streets: a. 5th Street from Kellogg Avenue to Pearle Avenue b. Pearle Avenue from 5th Street to Main Street c. Main Street/Northwestern Avenue from Douglas Avenue to 13th Street d. 9th Street from Northwestern Avenue to Ridgewood Avenue and Roosevelt Avenue to Hodge Avenue e. Ridgewood Avenue from 9th Street to 13th Street f. 10th Street from Northwestern Avenue to Roosevelt Avenue g. Roosevelt Avenue from 10th Street to 9th Street h. Hodge Avenue from 9th Street to 6th Street i. 6th Street from Hodge Avenue to Northwestern Avenue j. Douglas Avenue from Main Street to East 7th Street k. East 7th Street from Main Street to Kellogg Avenue l. Kellogg Avenue from East 7th Street to 5th Street 15. RESOLUTION NO. 26-419 approving the expansion of the Neighborhood Improvement Grant to encourage community connections 16. RESOLUTION NO. 26-420 approving the allocation of $20,000 in FY 2026/27 3 from the Council Priorities Fund sustainability reserve to be made available through the Net-Zero Ready High Performance Home Pilot Project 17. RESOLUTION NO. 26-421 accepting the update on the Homelessness Ames and Story County Action Plan 2025 Report 18. RESOLUTION NO. 26-422 approving FY 2027/28 Analysis of Social Services Evaluation Team Priorities 19. RESOLUTION NO. 26-423 approving Quarterly Investment Report for period ending June 30, 2026 20. RESOLUTION NO. 26-424 to adopt business and market changes to City of Ames Depository 21. RESOLUTION NO. 26-425 in Consideration of Agreement for Easement and Gate Installation Reimbursement for the Police Shooting Range at 701 Avenue in the amount not-to-exceed $19,419.21 22. Resolution designating the Police Department Lobby as the Official Posting Site for City Council Meeting Agendas and Public Notices 23. RESOLUTION NO. 26-427 approving preliminary plans and specifications for the 2025/26 Pavement Restoration - Slurry Seal Program, setting August 5, 2026, as the bid due date and August 11, 2026, as the date of Public Hearing 24. RESOLUTION NO. 26-428 approving Memorandum of Understanding with Judicial Branch, Second Judicial District, Story County for court services in City Hall for Fiscal Year 2026/27 25. RESOLUTION NO. 26-429 approving Professional Services Agreement with Olsson of Des Moines, IA, for 2026/27 Collector Street Pavement Improvements (State Ave) in an amount not to exceed $149,680 26. RESOLUTION NO. 26-430 approving Professional Services Agreement with Strand Associates of Ames, IA, for 2026/27 Arterial Street Pavement Improvements (East Lincoln Way) in an amount not to exceed $350,000 27. RESOLUTION NO. 26-431 awarding contract to Terracon Consultants, Inc., of Des Moines, IA, for the Geotechnical Services for the Ames Municipal Energy Center, in the amount of $189,569 28. RESOLUTION NO. 26-432 awarding a contract to Niagara Power Transformer, of Buffalo, NY, for the Transformer for Mortensen Substation Improvements, in the amount of $1,756,932 29. RESOLUTION NO. 26-433 awarding contract to WESCO, of Des Moines, IA, for the purchase of 15kV, EPR cable for Electric Services in an amount not- to-exceed $146,376 inclusive of all applicable sales taxes 30. RESOLUTION NO. 26-434 awarding contract to HDR Engineering, of Omaha, NE, to conduct an arc flash study for the Water Treatment Plant and three pump stations in the amount of $65,207 31. RESOLUTION NO. 26-435 awarding contract to Van Wall Equipment, of Madrid, IA, for a utility tractor for the Parks and Recreation Department for general parks maintenance in the amount of $56,041.84 32. Resolution awarding contract to Agriland FS Inc., of Winterset, IA, for FY 2027 Fuel Purchases for CyRide and Fleet Services 33. RESOLUTION NO. 26-437 Resolution awarding contract to Electric Pump, of Des Moines, IA, to provide and install a variable frequency drive (VFD) on a high 4 service pump at the Water Treatment Plant in the amount of $60,250 34. RESOLUTION NO. 26-438 awarding contract to Aspen Waste Systems, of Des Moines, IA, for Waste Collection & Disposal Services at City Facilities for July 1, 2026, through June 30, 2027, in an amount not to exceed $51,594.12 35. RESOLUTION NO. 26-439 awarding contract to Eocene Environmental Group, of West Des Moines, IA, for Engineering Services for FY 2025/26 Story County Edge of Field in the amount not-to-exceed $106,500 36. RESOLUTION NO. 26-440 waiving the City’s Purchasing Policy requirement for competitive bidding and awarding a contract to Badger Meter, of Milwaukee, WI, to purchase water meters and related accessories for July 1, 2026, through June 30, 2027, in an amount not-to-exceed $222,367.13 37. RESOLUTION NO. 26-441 approving an extension of contract for Solid Rubber Tires and Accessories for Resource Recovery for July 1, 2026, through June 30, 2027, with SETCO, of Idabel, OK, in the amount of $44,264.68, including freight 38. RESOLUTION NO. 26-442 approving contract and bond for the 69kV Transmission Line Reconstruction from Top O Hollow Substation to Ames Plant Substation Watts Electric Company, of Waverly, NE, in the amount of $3,356,570.41 39. RESOLUTION NO. 26-443 approving Change Order No. 1 with Denco Highway Construction Corporation, of Mingo, IA, for the 13th Street Emergency Storm Sewer Pipe Repair in the amount of $10,130 40. RESOLUTION NO. 26-444 approving Change Order No. 1 with Sargent & Lundy LLC, of Chicago, IL, in the amount of $205,300 for additional Engineering Services for Reciprocating Internal Combustion Engine (RICE) Electric Generation Facility 41. RESOLUTION NO. 26-445 approving Change Order No. 2 for the Resource Recovery and Recycling Campus with Con-Struct, Inc, of Ames, IA, for Bid Package 31-1 – Site Demolition & Earthwork, in the amount of $160,851 42. RESOLUTION NO. 26-446 approving Change Order No. 10 with Woodruff Construction, of Ames, IA, for the Water Pollution Control Facility Nutrient Reduction Modifications Phase 1 Project in the amount of $230,920.52 43. RESOLUTION NO. 26-447 setting July 28, 2026, as date of Public Hearing for vacation of Electric Utility Easement and approval of the Disclaimer of Interest in Realty for the 161KV Transmission Line relocated for Iowa Department of Transportation 44. RESOLUTION NO. 26-448 setting July 28, 2026, as date of Public Hearing to consider vacation of an existing public utility easement at Discovery Place 2nd Addition Subdivision 45. RESOLUTION NO. 26-449 accepting the 2025/26 Shared Use Path Maintenance Contract No. 1 as completed by TK Concrete, of Pella, IA, in the amount of $155,901 46. Amendment to ISU Research Park Phase IV, First Addition: a. RESOLUTION NO. 26-450 approving Waiver of requirement for a preliminary plat b. RESOLUTION NO. 26-451 accepting additional easements and amendments to Agreement for Public Improvements for the First 5 Addition *. ADDITIONAL ITEM City Attorney Recruitment Plan Update a. Motion accepting recruitment timeline update Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION DESIGNATING THE POLICE DEPARTMENT LOBBY AS THE OFFICIAL POSTING SITE FOR CITY COUNCIL MEETING AGENDAS AND PUBLIC NOTICES: Council Member Betcher pulled the item to clarify for residents that the Police Department lobby designation was an additional posting site. She emphasized that the agenda and other notices would continue to be available inside the East entrance to City Hall. Mayor Haila added that the Police Department lobby was open 24/7, whereas the City Hall entrance was not accessible during evenings and weekends, which was the rationale for the addition. Moved by Betcher, seconded by Junck, to adopt RESOLUTION NO. 26-426 designating the Police Department Lobby as the Official Posting Site for City Council Meeting Agendas and Public Notices. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION AWARDING CONTRACT TO AGRILAND FS INC., OF WINTERSET, IA, FOR FY 2027 FUEL PURCHASES FOR CYRIDE AND FLEET SERVICES: Council Member Junck noted that she had pulled Item No. 32 to recuse herself from the vote due to a conflict of interest. Moved by Rollins, seconded by Beatty-Hansen, to adopt RESOLUTION NO. 26-436 awarding contract to Agriland FS Inc., of Winterset, IA, for FY 2027 Fuel Purchases for CyRide and Fleet Services. Roll Call Vote: 5-0-1, Junck abstaining due to conflict of interest. Resolution declared carried, signed by the Mayor, and hereby made a portion of these Minutes. PUBLIC FORUM: Mayor Haila opened the Public Forum. Grant Olsen spoke regarding the proposed downtown intermodal facility and its planned bus transfer point. He expressed concerns about air quality and noise conditions inside enclosed transit facilities, citing his personal experience at a similar facility in Nashville. He urged the City Council to critically evaluate air quality data as well as sound levels before finalizing a design for the Ames facility. Beau Gilbert voiced concerns regarding the quality of Ames tap water as well as the current state of water quality in Iowa and throughout the country. He encouraged the City to invest more resources in water improvement efforts, citing Iowa State University as a potential resource. Mayor Haila closed the Public Forum when no one else came forward to speak. 6 DATA CENTERS: Mayor Haila prefaced the item by noting that approximately 80 members of the public were watching from the auditorium overflow space, with additional attendees outside. He acknowledged the public input session held two weeks prior and emphasized that while the City Council had been receiving and carefully reading all submitted comments, no public input would be taken during tonight's presentation. Assistant City Manager Brian Phillips, alongside Director of Electric Services Donald Kom and City Attorney Mark Lambert, presented a comprehensive staff report on data centers as well as a memo from the City Attorney outlining available legal actions to regulate data centers. Assistant City Manager Phillips reviewed that on June 16th the City Council had requested a memo from the City Attorney outlining legal means to limit the construction or operation of data centers and on June 23rd a staff presentation was made regarding a Lightedge proposal to locate a data center on City property at the airport. On June 30th the City Council held a special listening session attended by approximately 400 people. That session included a participant poll, breakout groups led by Council Members and City staff, and a report-out. All materials were subsequently posted to the City's webpage and delivered to the City Council. Assistant City Manager Phillips described the feedback as very extensive and summarized the categories of concern received , including environmental impacts, electricity demand and utility costs, the prioritization of service recipients, water consumption, wastewater impacts, accountability and oversight, long-term viability, public trust and transparency, lack of existing data center regulations, concerns about artificial intelligence, public health impacts, noise, vibration and low-frequency humming, a lack of public benefits, and economic impact and employment. Assistant City Manager Phillips walked the City Council through the legal tools identified in the City Attorney's memo, beginning with the legal tools related to zoning. Assistant City Manager Phillips explained that one of the primary challenges the City faced was that the zoning ordinance did not contain a clear, modern definition of a data center. The existing definition of a "data processing facility," did not accurately capture what occurred in a modern data center. Under current definitions, data processing facilities were allowed as an office use in any base commercial or industrial zone, which did not align with how a modern data center should appropriately be regulated. He noted that planning staff had already taken a definition to the Planning and Zoning Commission in early June, and the Commission had engaged in back-and-forth discussion about additional requirements, though the matter had not formally returned to the City Council. He identified defining data centers as a use as one of four minimum items that staff strongly recommended the City Council adopt, regardless of which broader policy path was chosen. Assistant City Manager Phillips outlined a range of additional zoning restrictions the City Council could adopt, including maximum square footage limits on individual data center buildings, restrictions on on-site power generation, and requirements for closed-loop cooling systems. He acknowledged this was not an exhaustive list but was illustrative of the types of restrictions available. Assistant City Manager Phillips also discussed the option of restricting data center uses to 7 specific zoning districts, such as limiting them to intensive industrial zones, and the possibility of establishing separation distances between data centers and residential zones or between multiple data centers, noting that such distances were typically measured from zones rather than from individual existing uses. Assistant City Manager Phillips discussed the industrial zoning use analysis report, which was currently required for any industrial site development project. He suggested that the informational requirements of that report could be strengthened to better support the enforcement of any new restrictions. Related to this, he noted that site plan requirements for industrial projects could also be strengthened to provide a clearer basis to deny projects that do not mitigate their impacts, so long as the denial standards were sufficiently clear to withstand legal challenge. Assistant City Manager Phillips then addressed the question of approval authority. Under current practice, a data center project would likely be reviewed as a minor site plan, meaning City staff would evaluate it against existing standards and issue approval or denial administratively. He described several alternatives, including establishing a size threshold below which staff approval would suffice and above which City Council approval would be required, requiring all data center projects to receive City Council approval, requiring a special use permit through the Zoning Board of Adjustment, or prohibiting data centers by right in all zoning districts and allowing them only through a rezoning process with a master plan or overlay. He explained this last option in considerable detail, noting that it would require any prospective data center developer to come before the City Council, apply for a rezoning of an industrial property, and enter into a contract rezoning arrangement in which the City Council could specify infrastructure obligations, design and construction requirements, and property restrictions. He stated this would give the City Council a large amount of control and compared the resulting level of oversight favorably to what would be available through a lease agreement on City-owned property. Another category of legal tools identified in the memo was noise control. Assistant City Manager Phillips explained that the City's current noise ordinance used dBA scale measurements, which filter out very low and very high frequencies and focus on the middle range of human hearing. He noted that the dBC scale would better capture the very low-frequency sounds associated with data center operations. He acknowledged that he was not aware of any other communities currently using a dBC scale, but indicated staff could research the matter further. He also noted that the noise ordinance was structured primarily to address intermittent, human-produced sounds such as amplified music and was not well-suited to address persistent noise emanating from physical infrastructure. He suggested that penalties for ongoing and repeated violations could be made more significant, and that noise violations could be tied to the nuisance provisions in the zoning ordinance, potentially allowing the City to seek an injunction to cease the noise source if needed. Under the category of utilities, Assistant City Manager Phillips described a discrepancy between the electric utility tariff and the utilities chapter of the Municipal Code. Under the tariff, the industrial rate class was limited to customers that also engage in manufacturing 8 or processing, with a contract rate available for unique users not fitting any existing rate class. He indicated that data centers would likely fall under the contract rate category. However, the utilities chapter defined industrial customers based on demand level rather than use type and did not address contract rates for non-standard users in comparable detail. He identified resolving these discrepancies as the second of the four minimum staff-recommended items, emphasizing the importance of ensuring that the financial risk of infrastructure investment for a large customer was not borne by the utility and, by extension, existing ratepayers. In response to a question from Mayor Haila about whether the concerns residents raised about brownouts, blackouts, and electricity cost protection could be addressed through a contract rate, Director Kom confirmed that a contract rate arrangement could be structured to require a large customer to secure its own additional capacity if its demands exceeded what the utility had built, so that those incremental costs would be borne by that specific customer rather than by the broader ratepayer base. Assistant City Manager Phillips noted that this same logic could be applied to water and wastewater as well. On water and wastewater, Assistant City Manager Phillips explained that unlike the electric section of the Municipal Code, the water and wastewater sections contained no provisions for an excess facilities charge arrangement, a mechanism by which a very large customer would pay for the additional infrastructure required to serve them. Staff believed it may be legally defensible under federal law to deny service to a customer whose demands would impair utility operations, but recommended that clearer local rules establishing a threshold and requiring an excess facilities agreement be adopted to better protect the City. This constituted items three and four of the four minimum staff recommendations. Under the category of moratoriums and prohibitions, Assistant City Manager Phillips described two distinct options. The first was a moratorium, meaning temporary delay, on data center developments for a fixed period. He noted that other communities have used this approach, and that the goal of a moratorium was ultimately to lift it once appropriate policies were in place. The second, more extreme option, was to define data centers as a use and adopt a zoning text amendment expressly prohibiting them in all zones throughout the City. Assistant City Manager Phillips presented four possible paths for the City Council. Option No. 1 was to temporarily delay any decision regarding Lightedge and any other data center and request additional information, with a resolution to be adopted at the July 28 meeting specifying the timeframe and the questions or research desired. Option No. 2 was to decline the Lightedge request to negotiate a lease on airport property, while leaving open the question of whether Lightedge or others could seek to develop elsewhere in the community, though regulatory changes might not be in place before any applications were received. Option No. 3 was to authorize staff to negotiate with Lightedge for a lease on City airport property while simultaneously directing staff to explore regulatory modifications, which Assistant City Manager Phillips acknowledged would be challenging. Option No. 4 was to decline the Lightedge request and enact a 9 prohibition on all data centers in the City. Assistant City Manager Phillips reiterated that regardless of which option the City Council chose, the four minimum items defining data centers as a use and addressing discrepancies and gaps in the electric, water, and wastewater chapters of the Municipal Code (Item Nos. 1, 10, 11, and 12 of the memo) should be addressed. During discussion, Council Member Betcher asked Assistant City Manager Phillips to clarify how a future City Council could modify any requirements adopted under the rezoning-with-master-plan approach. Assistant City Manager Phillips explained that the master plan criteria would need to be codified, and that any future City Council wishing to change them would need to amend the code. Council Member Betcher also asked whether a master plan could impose lesser standards than what the code established; Assistant City Manager Phillips replied that the code would set the floor, and he would not expect lesser standards to be permissible. Council Member Beatty-Hansen asked whether the City Council was legally required to use the term "moratorium" rather than "temporary delay." Attorney Lambert confirmed that there was no legal requirement to use the word "moratorium" and that the two terms have the same legal effect. Council Member Corrieri raised the question of timing, expressing that the City Council owed it to the engaged public to provide answers as quickly as possible and that any delay duration should be grounded in factual information, specifically the amount of time staff estimated it would take to bring back the requested information, rather than an arbitrary number. She asked Assistant City Manager Phillips to estimate the range. Assistant City Manager Phillips replied that it would depend in part on whether the City Council expected this work to proceed as the top priority, pausing other adopted goals and tasks. If prioritized, he estimated the process could take as little as six months; if conducted alongside other existing priorities, it could extend to approximately a year. City Manager Steve Schainker added that the process would also require the City Council’s time, as staff would present options and the City Council would need to deliberate and provide direction before staff could finalize regulatory language. Council Member Corrieri and Council Member Betcher both concluded that the length of the delay need not be set at the current meeting but could instead be determined at the July 28 meeting, once the City Council had identified its list of issues and staff could provide a more specific timeline estimate. Council Member Beatty-Hansen expressed a preference for a one-year delay, citing the complexity of the questions, the desire to allow time for public engagement including several focused workshops, and a concern that six months would not be sufficient time for public outreach. She proposed a series of three or four workshops, dedicated to electricity, water, air and noise, and related topics, as a way to structure meaningful public involvement over the course of a year. Council Member Junck raised a concern about the timing relative to the academic year. A 10 full year would result in a final decision in July 2027, once again when Iowa State University students were away from Ames. She suggested that a somewhat shorter timeline might allow the City Council to make a decision in spring 2027, when the student population was present and could be meaningfully engaged. Council Member Gartin commended the thoroughness of the work of City staff and agreed that the level of community engagement was unprecedented in his 14 years on City Council. He cautioned, however, about the finite nature of staff time and the risk that prolonging the process would negatively affect other areas of City governance. He expressed encouragement that data centers were not a novel phenomenon and suggested that existing examples and peer contacts could help expedite the City's research. He also raised the possibility of engaging additional consultants or contract staff to supplement existing capacity and help move the process forward more efficiently. Council Member Beatty-Hansen agreed that bringing in independent, unbiased outside experts had been raised by members of the public during the June 30 listening session and could be another reason to allow a full year's timeline. Council Member Betcher asked whether staff could, by the July 28 meeting, identify which items would particularly benefit from the involvement of outside consultants. Assistant City Manager Phillips indicated he might be able to provide some guidance on that, noting that consulting with the City's in-state electric attorney would likely be necessary to navigate the permissible approaches to modifying the electric tariff and utilities chapter, but that most other items appeared to be within current staff capabilities. Moved by Junck, seconded by Betcher, to approve Option No. 1: Temporarily delay any decision about Lightedge, or any other data center, locating within Ames and request additional information. Vote on Motion: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Corrieri, to ask staff to pursue the changes recommended in action Nos. 1, 10, 11, and 12. Vote on Motion: 6-0. Motion declared carried unanimously. Mayor Haila thanked all members of the public in attendance and reiterated that a temporary delay would be formalized at the July 28 meeting, at which time the City Council would also define the scope and duration of the process. Mayor Haila recessed the meeting at 7:26 p.m. The meeting was reconvened at 7:32 p.m. CONSTRUCTION ADVISOR SERVICES FOR AMES FIRE STATION NO. 2 PROJECT: City Manager Steve Schainker explained that, following a City Council Workshop on alternative project delivery methods, the City issued a request for proposals for a construction advisor to serve in the capacity of the owner's representative and De Novo, Inc. had been selected. Council Member Gartin asked for an overview of how Denovo would interface with the 11 design and change order processes. City Manager Schainker explained that Denovo would be brought in during the design phase, where its construction experience could help shape specifications to lower costs while still achieving the desired outcome. During construction, it would serve as an expert advocate for the City in evaluating whether proposed change orders were legitimately the City's financial responsibility. He noted that the City had used a similar advisor model successfully for the library 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 adopt RESOLUTION NO. 26-452 approving agreement with Denovo, Inc., of West Des Moines, IA, for Construction Advisor Services for Ames Fire Station No. 2 Project in the amount of $95,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION APPROVING PRELIMINARY PLAT FOR 5120 TABOR DRIVE: Planner Benjamin Campbell presented the preliminary plat for a property on the south side of Tabor Drive, north of the new Lutheran Church of Hope. The plat proposed five single- family lots, each exceeding 9,000 square feet and with at least 77 feet of frontage, consistent with the zoning requirements. The applicant proposed to satisfy the 10 percent open space requirement of the Floating Suburban Residential Low Density (FS-RL) zoning by joining the Sunset Ridge Homeowners Association. Planner Campbell indicated that proof of this arrangement would need to be provided before final plat approval, and that if homeowners association membership could not be accommodated, an outlot comprising 10 percent of the property area would need to be dedicated on the final plat. Mayor Haila opened and closed the Public Input when no one came forward to speak. Moved by Corrieri, seconded by Betcher, to adopt RESOLUTION NO. 26-453 and approve the Preliminary Plat with the condition that prior to Final Plat approval the applicant provides proof the property is part of the Sunset Ridge HOA as dues -paying properties for the purpose of meeting open space set-aside requirements. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION APPROVING CONVEYANCE PARCEL PLAT OF SURVEY WITH UTILITY EASEMENTS FOR 701 DAYTON AVENUE: Planner Campbell explained that the conveyance parcel plat of survey was brought before the City Council because the applicant declined to provide the easement documents that staff require d as companion items to the plat when existing water and sewer utility mains cross the property. The applicant contended that a prescriptive easement already existed in the City's favor, making formal easement documents unnecessary. In response to questions from the City Council, City Attorney Lambert came forward 12 and explained that while he believed the City likely had a prescriptive easement, established through long, open, and continuous use of the property for more than ten years under Iowa law, obtaining a court order to formally establish such an easement would be burdensome and costly. A written, recorded easement document was superior because it would also specify the scope of the easement, the permitted uses, and provisions regarding maintenance and restoration of the property after access. Council Member Gartin added that some communities established easements by notation on a plat of survey, but characterized this as poor practice, noting that a separate instrument of conveyance was more protective for all parties and involved minimal additional burden for the applicant. City Attorney Lambert confirmed this was consistent with the City's longstanding practice. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Gartin, seconded by Beatty-Hansen, to approve Alternative No. 2 as follows: • Conditionally accept the Plat of Survey by directing the Planning Director to approve the Plat of Survey with water main and sanitary sewer easement documents consistent with the attached examples, or as approved by the City Attorney. Both the plat and easements must be recorded prior to approval of a Minor Site Development Plan for the new use. • Adopt RESOLUTION NO. 26-454 Approving Conveyance Parcel Plat of Survey with Utility Easements for 701 Dayton Avenue. Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. RESOLUTION APPROVING DOWNTOWN FACADE GRANTS FOR SPRING OF FISCAL YEAR 2025/26: Planner Campbell reported that six facade grants were being presented for City Council approval, five new maintenance grants and one traditional grant. Staff confirmed that all requests complied with program requirements and that sufficient funding existed in the grant pool to award all six without any competitive ranking process being necessary. The one notable condition was that for the traditional grant, a design question arose regarding the applicant's desired door placement. The applicant had requested a door flush with the building face, which would cause it to open into the public right-of-way. Staff required that the door be recessed, consistent with the existing configuration, to prevent obstruction of the sidewalk. Mayor Haila commented that he was encouraged to see multiple property owners investing in downtown buildings through this program, and that the expansion of eligible grant activities to include maintenance, not just windows and other fenestrations, appeared to be generating meaningful uptake and helping to preserve downtown building stock. Mayor Haila opened and closed the Public Input when no one came forward to speak. 13 Moved by Betcher, seconded by Corrieri, to adopt RESOLUTION NO. 26-455 and approve the Downtown Facade Improvement and Maintenance Grants as proposed by the applicants for: a. 118 Main Street (Traditional) for up to $23,000 in estimated eligible costs for facade repairs and requiring the front door to be recessed. b. 118 Main Street (Maintenance) for up to $14,509.73 in estimated eligible costs for facade and roof repairs. c. 413 Kellogg Avenue (Maintenance) for up to $23,000 in estimated eligible costs for facade repairs and $2,000 in design fees. d. 236 Main Street (Maintenance) for up to $23,000 in estimated eligible costs for facade repairs and $2,000 in design fees. e. 203, 205, and 207 Main Street (Maintenance) for up to $23,000 in estimate eligible costs for facade and foundation repairs and $2,000 in design fees. f. 226-228 Main Street (Maintenance) for up to $23,000 in estimate eligible costs for facade and foundation repairs and $1,800 in design fees. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. FITCH FAMILY INDOOR AQUATIC CENTER - STAINING UPDATE: Parks and Recreation Director Keith Abraham reported that, following the City Council's direction in the March 24th meeting, a larger mock-up of the staining had been completed in late June on the north side of the building. Staff reviewed the results and was satisfied, recommending that staining proceed for the entire building. Director Abraham noted that the contractor was performing the work at no current cost to the City. However, the contractor had submitted a notice of potential claim for approximately $52,000, which the contractor could pursue in the future. Council Member Gartin observed that the staining option was the least expensive of all alternatives presented to the City Council and suggested that the contractor was obtaining a favorable outcome through this resolution. Mayor Haila noted that the Fitch family, for whom the facility was named, had reached out to express satisfaction with the facility and support for the staining option. The Public Input was opened and closed by Mayor Haila when no one came forward to speak. ZONING TEXT AMENDMENT FOR CONVENIENCE GENERAL SERVICES (CGS) DISTRICT STANDARDS RELATED TO FUELING POSITIONS: Planner Campbell presented a proposed Zoning Text Amendment to the Convenience General Services (CGS) district that would create a special use permit process allowing convenience stores with gas stations to exceed the current limit of five fuel pumps. Staff recommended Alternative No. 1, which did not include a waiver of second and third readings. Mayor Haila opened the Public Hearing. 14 Travis Small, Real Estate Development Manager with KwikStar/KwikTrip, spoke in support of Alternative No. 2 and explained that the company's timeline was constrained by a purchase agreement with the seller and that the extended text amendment process, combined with the forthcoming Zoning Board of Adjustment process, ha d consumed a significant portion of the due diligence period. He requested that the City Council waive second and third readings so that KwikStar could finalize civil design plans and submit them to staff, enabling the City Council to consider the full project, including the proposed roundabout, at the next meeting. The Public Hearing was closed by Mayor Haila when no one else came forward to speak. Moved by Gartin, seconded by Corrieri, to approve Alternative No. 2: Pass on first reading an ordinance on a Zoning Text Amendment revising the Convenience General Service (CGS) Standards in Section 29.810(2) and (3) to require a Special Use Permit for all fueling stations, and suspend the rules to approve on second and third readings and adopt the text amendment. Roll Call Vote: 5-1, Beatty-Hansen dissenting. Motion declared carried. Moved by Corrieri, seconded by Gartin, to suspend the rules and allow for second and third readings. Roll Call Vote: 5-1, Beatty-Hansen dissenting. Motion declared carried. Moved by Corrieri, seconded by Junck, to pass on second reading an ordinance on a Zoning Text Amendment revising the Convenience General Service (CGS) Standards in Section 29.810(2) and (3) to require a Special Use Permit for all fueling stations. Roll Call Vote: 5-1, Beatty-Hansen dissenting. Motion declared carried. Moved by Corrieri, seconded by Betcher, to pass on third reading and adopt ORDINANCE NO. 4600 on a Zoning Text Amendment revising the Convenience General Service (CGS) Standards in Section 29.810(2) and (3) to require a Special Use Permit for all fueling stations. Roll Call Vote: 5-1, Beatty-Hansen dissenting. Motion declared carried. Council Member Beatty-Hansen clarified that she was supportive of passing the first reading of the ordinance, but was not supportive of suspending the rules to allow for second and third readings. HEARING ON 2025/26 CDBG WATER SYSTEM IMPROVEMENTS (S 3RD STREET- S RUSSELL AVENUE TO S OAK AVENUE) AND (S MAPLE AVENUE - S 2ND STREET TO S 4TH STREET): The Public Hearing was opened and closed by Mayor Haila when no one came forward to speak. Moved by Rollins, seconded by Corrieri, to accept the report of bids and adopt RESOLUTION NO. 26-456 approving final plans and specifications and awarding a 15 contract to Iowa Water & Waste Systems LLC, of Boone, IA, in the amount of $490,722.50. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. HEARING ON THE 2026/27 AIRPORT AIRSIDE IMPROVEMENTS PROJECT (RECONSTRUCTION OF RUNWAY 01/19): Mayor Haila opened and closed the Public Hearing when no one came forward to speak. Moved by Betcher, seconded by Corrieri, to approve Alternative No. 1: • Accept the report of bids. • Adopt RESOLUTION NO. 26-457 approving final plans and specifications for the 2026/27 Airport Airside Improvements Project (Reconstruction of Runway 01/19) and awarding a contract for the Base Bids and Bid Alternate A to Flynn Company, Inc., of Dubuque, IA, in the amount of $19,118,791, contingent upon FAA concurrence and receipt of the necessary Airport Improvement Program (AIP) grant funding. • Adopt RESOLUTION NO. 26-458 approving submission of the Federal Aviation Administration (FAA) Airport Improvement Program (AIP) grant application requesting federal funding for the full 2026/27 Airport Airside Improvements Project (Reconstruction of Runway 01/19), including the Base Bid and Bid Alternate A. Roll Call Vote: 6-0. Motions/Resolutions declared carried/adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. CITY ASSESSOR TERM OF OFFICE: The Public Input was opened and closed by Mayor Haila when no one came forward to speak. Moved by Corrieri, seconded by Betcher, to pass on first reading an ordinance clarifying the term of office for the City Assessor. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Corrieri, seconded by Betcher, to suspend the rules and allow for second and third readings. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Rollins, to pass on second reading an ordinance clarifying the term of office for the City Assessor. Roll Call Vote: 6-0. Motion declared carried unanimously. Moved by Betcher, seconded by Junck, to pass on third reading and adopt ORDINANCE NO. 4599 clarifying the term of office for the City Assessor. Roll Call Vote: 6-0. Motion declared carried unanimously. SECOND READING OF AN ORDINANCE TO AMEND THE APPROVED FLOATING SUBURBAN RESIDENTIAL MEDIUM DENSITY (FS-RM) WITH MASTER PLAN FOR 16 THE BLUFFS AT 4899 EVEREST AVENUE: Moved by Corrieri, seconded by Betcher, to pass on second reading an ordinance to amend the approved Floating Suburban Residential Medium Density (FS-RM) with Master Plan for The Bluffs at 4899 Everest Avenue. Roll Call Vote: 6-0. Motion declared carried unanimously. SECOND READING OF ZONING TEXT AMENDMENT MODIFYING THE NORTHEAST GATEWAY OVERLAY DISTRICT (O-GNE) STANDARDS: Moved by Betcher, seconded by Rollins, to pass on second reading an ordinance on a Zoning Text Amendment modifying the Northeast Gateway Overlay District (O-GNE) Standards. Roll Call Vote: 6-0. Motion declared carried unanimously. DISPOSITION OF COMMUNICATIONS TO COUNCIL: Mayor Haila noted that there were five items for consideration. The first item was a memo regarding base bid adjustments to the Ames Animal Services project from Fleet Services Director Corey Mellies. This item was noted to be for information only. A request for annexation at 1901 South Dayton Avenue from Manatt’s Environmental Manager Joe Mills was the second item. Moved by Gartin, seconded by Corrieri, to refer to staff for memo. Vote on Motion: 6-0. Motion declared carried unanimously. The third item was a request from Bonnie Alley regarding considerations for the Mortenson Road Corridor Study. Moved by Gartin, seconded by Betcher, to refer to staff for an updated speed analysis. Vote on Motion: 6-0. Motion declared carried unanimously. The fourth item was regarding support for the Data Center proposal from Ames Regional Economic Alliance, which was noted to be for information only. A memo from Planner Justin Moore regarding a request to waive the requirement for Rural Subdivision covenants for a Plat of Survey at 2702 North Dakota Avenue, was the final item. Moved by Betcher, seconded by Rollins, to let the requestor know that the City Council was not interested in waiving the requirement. Vote on Motion: 5-0-1, Gartin abstaining due to conflict of interest. Motion declared carried. REPORT OF GOVERNING BODY: Council Member Beatty-Hansen reported that the Ames Regional Economic Alliance meeting included an update on CyTown, which was slightly behind schedule but continuing to proceed. There was also a presentation from Lightedge similar in content to the information provided to the City Council on June 23rd. 17 Mayor Haila noted that Story County Emergency Management’s quarterly meeting was scheduled for the following evening. Council Member Junck reported that the Transit Board met the prior week . In that meeting it had elected officers, and awarded contracts for custodial services, infotainment systems, and fuel purchases, as well as authorized applying for the Section 5307 Federal Transit Grant. COUNCIL COMMENTS: Ex officio Anderson thanked all attendees who came out for the data center discussion and commended the community for maintaining civility throughout the process. He expressed hope that the July 28th meeting would give the community a clearer timeline of next steps. He also noted he would be traveling to San Francisco and would participate remotely, connectivity permitting. Council Member Gartin reported that the Midnight Madness event held the previous Friday was an excellent community event. He offered congratulations to its organizers. He also celebrated the completion of the City's first full cycle of curbside recycling, commending both City staff for their work in launching the program and the community for adapting to it, acknowledging some bumps but expressing overall satisfaction with the milestone. Council Member Rollins noted the comments made by the member of the public who spoke during Public Forum regarding Ames tap water. Moved by Rollins, seconded by Beatty-Hansen, to direct staff to send information regarding water sources and quality in Ames to Public Forum speaker Beau Gilbert. Vote on Motion: 6-0. Motion declared carried unanimously. Council Member Betcher thanked everyone who participated in the data center engagement process, noting that several residents had expressed pleasure with how the process had been conducted and indicated plans to remain involved in City Council matters going forward. She also reported receiving positive feedback from community members about the City Assessor's Office. Additionally, she announced that Rummage Rampage drop-off would begin Friday, July 24th, at the intermodal facility at 129 Hayward Avenue, with the event continuing throughout the following week. CLOSED SESSION: Mayor Haila asked City Attorney Mark Lambert if there was legal reason to go into Closed Session. Attorney Lambert replied in the affirmative, citing Iowa Code Section 21.5(1)(c), Code of Iowa, to discuss matters presently in litigation or where litigation is imminent. Moved by Betcher, seconded by Rollins, to go into Closed Session at 8:09 p.m. Roll Call Vote: 6-0. Motion declared carried unanimously. Ex officio Anderson exited the meeting at 8:09 p.m. 18 The City Council reconvened Regular Session at 8:22 p.m. Moved by Betcher, seconded by Rollins, to adopt RESOLUTION NO. 26-459 approving a settlement agreement with Alison Southern in the amount of $75,000. Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby made a portion of these Minutes. ADJOURNMENT: Moved by Betcher, seconded by Rollins, to adjourn the meeting at 8:23 p.m. Vote on Motion: 6-0. Motion declared carried unanimously. ______________________________ ______________________________ Taylor Swanson, Deputy City Clerk John A. Haila, Mayor ______________________________ Renee Hall, City Clerk