HomeMy WebLinkAboutA010 - Letter to Alliant Energy with documents cat)" Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People Ames IA 50010
Quality Programs �
Exceptional Service Phone: 515-239-5105
Fax: 515-239-5142
October 9, 2009
Alliant Energy
719 North 18'Street
Centerville, iowa 52544-1113
Attention Keith Sherman
RE: City of Ames, Iowa
Natural Gas Franchise
Dear Mr. Sherman:
Per your direction, I am enclosing the following documents:
1. Certified copy of Ordinance No. 4006 adopted by the Ames City Council on September 22, 2009
2. Certified copy of Resolution No. 09-448 adopted by the Ames City Council on September 8,2009,with
attached supplemental agreement regarding notification of and billing for damage to facilities
3. Minutes of the Ames City Council meeting of September 22,2009
4. Proof of publication of Notice of Hearing on the Ordinance granting the right to operate a natural gas
distribution system in the City of Ames to Interstate Power and Light Company,its successors and assigns
5. Proof of publication of Ordinance No.4006
6. Proof of publication of the Minutes of the Ames City Council held September 22,2009
7. Certificate of City Clerk
Thank you for your assistance.
Sincerely,
�MTOL�
Diane Voss
City Clerk
/dry
Enclosures
515 Clark Avenue,P.O.Box 811
Caringpeople Ames IA 50010
Quality programs
Exceptional Service Phone: 515-239-5105
Fax: 515-239-5142
October 6, 2009
STATE OF IOWA
COUNTY OF STORY
CITY OF AMES
I,Diane R.Voss,being the duly appointed City Clerk of the City of Ames,Iowa,do hereby certify that
the above and foregoing Ordinance No.4006 is a true and accurate copy of the said Ordinance and that
the said Ordinance was passed and adopted by the City Council of the City of Ames, Iowa, at a duly
called meeting thereof on the 22nd day of September, 2009.
Diane R. Voss, City Clerk
(SEAL)
ORDINANCE NO. 4006
AN ORDINANCE GRANTING UNTO INTERSTATE POWER AND LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, A NON-EXCLUSIVE FRANCHISE AND RIGHT
FOR A PERIOD OF TWENTY-FIVE YEARS TO ERECT, CONSTRUCT,
RECONSTRUCT, MAINTAIN, AND OPERATE PLANT AND DISTRIBUTING
SYSTEMS FOR THE DISTRIBUTION OF NATURAL GAS IN THE CITY OF AMES,
IOWA, AND TO ENTER UPON AND TO USE AND OCCUPY THE STREETS,
AVENUES, ALLEYS, BRIDGES, AND OTHER PUBLIC PLACES OF SAID CITY FOR
THE PURPOSE OF CONSTRUCTING, RECONSTRUCTING, MAINTAINING, AND
OPERATING THEREIN, THEREON, AND THEREUNDER SAID SYSTEMS FOR THE
DISTRIBUTION OF NATURAL GAS OR ANY AND ALL OTHER TYPES AND KINDS
OF GAS, CONSISTING OF MAINS, PIPES, PIPE LINES, DISTRIBUTING LINES,
CONDUITS AND OTHER EQUIPMENT, APPURTENANCES AND CONSTRUCTION
NECESSARY OR INCIDENT TO SAID DISTRIBUTION SYSTEMS, AND TO SELL,
DISTRIBUTE,AND SUPPLY NATURAL GAS TO SAID CITY AND THE INHABITANTS
THEREOF AND OTHERS WITHIN AND WITHOUT SAID CITY FOR ALL PURPOSES,
AND PRESCRIBING THE TERMS AND CONDITIONS OF THE GRANT AND
REPEALING ALL ORDINANCES IN CONFLICT THEREWITH.
BE IT ORDAINED by the City Council of the City of Ames,Iowa:
Section One. The City of Ames, Iowa, hereby grants unto Interstate Power and Light Company, an Iowa
corporation, its successors and assigns, hereinafter called the Grantee, a non-exclusive franchise and right for a
period of twenty-five years from and after the date this ordinance becomes effective, to erect, construct,reconstruct,
maintain, and operate within the corporate limits of said City of Ames, Iowa, as the same now are or hereafter may
be located or extended, the plant and facilities for distribution of natural gas,whether said distribution systems have
been heretofore or hereafter may be constructed, together with the franchise and right to enter upon and to use and
occupy the streets, avenues, alleys, bridges, and other public places of said City as the same now are or hereafter
may be located or extended, for the purpose of constructing, reconstructing, maintaining, and operating therein,
thereon, and thereunder systems for the distribution of natural gas consisting of mains, pipes, pipe lines, distributing
lines, conduits and other equipment, appurtenances and construction necessary or incident to said distribution
systems, and together with the franchise and right to supply, distribute, and sell natural gas to said City and to the
inhabitants thereof and others within and without the corporate limits of said City for any and all purposes,and upon
such terms and conditions and under such restrictions and regulations as are hereinafter contained, and such other
reasonable rules and regulations as hereafter may be provided by the rule-making body having jurisdiction thereof,
and as provided by the State Code of Iowa.
Section Two. The Grantee shall maintain within said City a modern gas service, with sufficient capacity to
meet the reasonable requirements of its patrons,and shall supply same in such a manner as to render efficient service
unless prevented by an Act of God, a public enemy, a governmental authority, or by a cause not under the control of
the Grantee, and in any such event, the Grantee may adopt reasonable rules and regulations governing the volume of
gas which it shall be required to furnish its patrons or any class of patrons.
Section Three. The systems for the distribution of gas shall be constructed, maintained, and operated by the
Grantee in such a manner as not to endanger persons or property and so as not to interfere unreasonably with any
improvements the City may deem proper to make, or to hinder unnecessarily or obstruct the free use of the streets,
avenues, alleys, bridges, or other public places, and so as not to interfere with the construction or operation of
sewers, drainage or water system, electrical facilities, communications and fiber optic facilities, and other utility or
signal lines in the City. The City of Ames, Iowa, shall have the right to require the Grantee to remove, at its own
cost and expense, its existing facilities and equipment which interferes with or obstructs the construction,
reconstruction, or repair of any municipal facilities or public improvements. The City will attempt to give to the
Grantee as much advance notice of the removal requirement as the City deems possible.
Section Four. Whenever the Grantee, in erecting, constructing, or maintaining said distribution systems,
shall take up or disturb any pavement or sidewalk or make any excavations in the streets, avenues, alleys,bridges,or
public places of said City, such excavations shall be done pursuant to City permits and regulations and shall at once
be refilled and the pavement, sidewalk, or other improvement replaced to the satisfaction of the City officials,and in
case of its failure to do as promptly as is practical,the City may do so at the expense of the Grantee.
Section Five. The Grantee shall extend its mains as provided by its most current gas tariff and applicable
rules promulgated by the governing regulatory body for customers in all cases where bona fide customers apply in
writing to be supplied with gas. The Grantee shall furnish the service pipes from the main to the lot line without
expense to the customer, so long as it is not prohibited by regulatory agency rules. This ordinance shall allow the
Grantee to appropriate and condemn property when necessary to provide gas service to its customers, in accordance
with the applicable requirements contained in the Code of Iowa, following approval of the City Council. The
Grantee must establish necessity for each taking of private property, and when so established,the City Council may
approve the condemnation of private property by resolution. The owners of any property that may be subject to
condemnation shall be given notice at least ten days prior to any approval of such condemnation by City Council.
Section Six. The Grantee shall indemnify, defend, and hold the City harmless from and against any and all
claims, demands, losses, damages, costs, and expenses whatsoever (including, but not limited to, court costs, fines,
penalties, and reasonable attorney's fees), judgments, liabilities, and causes of action of any nature whatsoever
which may arise through or by reason of the acts or omissions of Grantee, its employees, contractors, agents, and
assigns related to the construction, maintenance, and operation of said systems for the distribution of gas and other
construction hereby authorized.
Section Seven. Said Grantee shall have the right to supply, distribute and sell gas for any and all purposes to
said City and to the inhabitants thereof, and to charge therefor such just and reasonable rates as hereafter may be
fixed and determined by the rate-making body established under the laws of the State of Iowa and given jurisdiction
thereof.
Section Eieht. All of the provisions of this Ordinance shall apply to the successors or assigns of the Grantee
with the same force and effect as they do to the Grantee itself.
Section Nine. The Grantee shall, within sixty (60) days after the publication of this Ordinance, signify in
writing an acceptance of the grant herein, including the conditions and restrictions herein expressed, and this
Ordinance, and the franchise granted herein, shall not be operative or binding until such acceptance is filed with the
City Clerk. Upon acceptance, this ordinance shall supersede the prior franchise agreement between the City and the
Grantee.
Section Ten. In its monthly billing, the Grantee shall include a Franchise Fee of 0% on the gross receipts
from the distribution, supply, or sale of gas to customers within the City of Ames. The Grantee shall commence the
collection of this Fee on the first of the month following the six-month notification by the City of Ames of an
amount to be collected. The Fee may be increased or decreased by the City with a minimum of six months notice to
the Grantee, and shall be limited to the maximum amount allowed by Iowa law. Such Franchise Fee shall be used
by the City as allowed by law, and shall cease upon repeal of the Fee by the City Council, or at the end of this
ordinance. The Franchise Fee will be applied to all customers' bills in accordance with applicable Iowa law. Should
actions by the State of Iowa, or any of its regulatory agencies, invalidate the collection of this Franchise Fee, the
Grantee shall be relieved of its collection obligations. The Grantee shall be allowed to collect an additional.06%on
the gross receipts from the distribution, supply, or sale of gas to customers within the City of Ames to cover
administrative expenses associated with the collection of the Franchise Fee. This .06% charge shall be collected
only when the Franchise Fee is being collected.
Section Eleven. The expense of the publication of this ordinance shall be paid by the Grantee. The term of the
non-exclusive franchise granted by this ordinance shall be twenty-five years from the date of acceptance by the
Grantee.
Section Twelve. All ordinances or parts of ordinances, insofar as they are in direct conflict herewith,are
hereby repealed.
Passed this 22nd day of September ,2009.
Diane R. Voss,City Clerk Ann H. Campbell,Mayor
t
Citi Clerk's Office
515 Clark Avenue,P.O.Box 811
Caring People
Quality Programs Ames,IA 50010
Exceptional Service Phone: 515-239-5105
Fax: 515-239-5142
October 6, 2009
STATE OF IOWA
COUNTY OF STORY
CITY OF AMES
I,Diane R.Voss,being the duly appointed City Clerk of the City of Ames,Iowa,do hereby certify that
the above and foregoing Resolution No.09-448 is a true and accurate copy of the said Resolution,and
that the said Resolution was passed and adopted by the City Council of the City of Ames, Iowa, at a
duly called meeting thereof on the 8th day of September, 2009.
Diane R. Voss, City Clerk
(SEAL)
a
RESOLUTION NO. 09-448
RESOLUTION APPROVING AGREEMENT WITH
INTERSTATE POWER AND LIGHT COMPANY
REGARDING NOTIFICATION OF AND BILLING FOR
DAMAGE TO FACILITIES
WHEREAS, pursuant to Iowa Code Chapter 364 the City is considering whether to grant
a nonexclusive gas franchise with Interstate Power and Light Company; and
WHEREAS, during negotiations of the terms of the franchise agreement the City has
expressed concern about damage to the facilities of.Interstate Power and Light Company that might
from time to time be caused by City employees working within the City right-of-way; and
WHEREAS, in conjunction with the renewal of the franchise, Interstate Power and Light
Company has offered and agreed to terms regarding notification of and billing for damage caused
by City employees to facilities of Interstate Power and Light Company; and
WHEREAS, the terms offered by Interstate Power and Light Company include working
cooperatively to ensure the safety of the right-of-way.
NOW, THEREFORE, BE IT RESOLVED, by the City Council for the City of Ames,
Iowa, that the terms of the agreement with Interstate Power and Light as stated in the letter to the
Mayor and City Council dated August 26, 2009, from Vice President Vern Gebhart, are hereby
accepted and approved.
Done this 8`h day of September, 2009.
Calmu-)l U J ��X�l�v c�6'• �a'i''t�
Diane R. Voss, City Clerk Ann. H. Campbell, Mayor
R266
MINUTES OF THE MEETING OF THE AMES AREA
METROPOLITAN PLANNING ORGANIZATION
TRANSPORTATION POLICY COMMITTEE
AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 22, 2009
Mayor Campbell noted that the Council would be working from an Amended Agenda. The additional
item had been added under the Ames Area Metropolitan Planning Organization portion of the meeting;
that item pertained to the proposed Intermodal Facility Project.
AMES AREA METROPOLITAN PLANNING ORGANIZATION (AAMPO)
TRANSPORTATION POLICY COMMITTEE MEETING
The Ames Area Metropolitan Planning Organization(AAMPO)Transportation Policy Committee met
at 7:00 p.m. on the 22nd day of September,2009,in the City Council Chambers in City Hall, 515 Clark
Avenue,pursuant to law with Ann Campbell as Administrator. Voting members present were Campbell,
Doll,Goodman,Larson,Mahayni,Popken,and Rice,representing the City of Ames City Council. Mike
O'Brien, Boone County Supervisor; Wayne Clinton, Story County Supervisor; and Robert Anders,
Ames Transit Agency, were absent.
2009 TRANSPORTATION IMPROVEMENT PROGRAM(TIP)AMENDMENT PERTAINING
TO MILLING AND RESURFACING DUFF AVENUE:Public Works Director John Joiner advised
that,earlier this year,through the American Recovery and Reinvestment Act(ARRA),the AAMPO
received approximately$2.1 million to spend on surface transportation projects. At that time, the
AAMPO Policy Committee and Ames City Council approved three resurfacing projects: (1) West
Lincoln Way, (2)a portion of the Skunk River Trail(13'Street to Carr Pool),and(3) G. W. Carver
from Stange Road to Bloomington Road. Bids came in for those three projects under the estimated
amounts, which left$628,857 of ARRA funds available. The remaining funds must be obligated
by t nuary 2010, and the AAMPO was asked to approve the Resurfacing of Duff Avenue,6`h to 13'
Street, as the project to be completed with that funding. Also, in accordance with ARRA
requirements, those projects must be added to the AAMPO Transportation Improvement Program
and awarded through the IDOT. Mr. Joiner noted that the Resurfacing of Duff Avenue project is
currently listed in the Capital Improvements Plan (CIP) for 2010/11.
Council Member Larson asked why the Duff Avenue project was chosen. Mr.Joiner answered that,
in order to use the remaining funding, the project had to have already been planned,but not in the
current year, and had to be one that was easy to design.
Mr.Larson further inquired if there was any additional planned improvement to Duff Avenue from
the railroad tracks north to 6"'Street,particularly around the tracks. Mr.Joiner said that the original
Duff Avenue project was programmed from Lincoln Way to 13`h Street; the portion from
approximately%6t" Street to Lincoln Way will be kept in the CIP. Mr. Larson advised that he
continues to hear complaints from the public about the street just north of the tracks.
Moved by Doll, seconded by Goodman, to approve an amendment.to the FY 2010 Transportation
Improvement Program(TIP)pertaining to Milling and Resurfacing Duff Avenue from 6th Street to
13`h Street.
Vote on Motion: 7-0. Motion declared carried unanimously.
2009 TRANSPORTATION IMPROVEMENT PROGRAM(TIP)AMENDMENT PERTAINING
TO PROPOSED INTERMODAL FACILITY PROJECT: Transit Director Sheri Kyras indicated
that this was actually a "housekeeping" item; the grant application for the Intermodal Facility
Project was submitted on September 10,2009,and this will get the TIP in line with what had already
been submitted. Ms.Kyras noted that the proposed Intermodal Facility is currently listed in the TIP
under Year 2012 for $15 million; it needs to be moved to Year 2010 for the actual price of
$43,666,500.
Moved by Mahayni, seconded by Doll, to approve an amendment to the FY 2010 Transportation
Improvement Program (TIP) to move the proposed Intermodal Facility Project into FY 2010 and
to increase the funding required for submission to the Iowa Department of Transportation and
Federal Transit Administration.
Vote on Motion: 7-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Mahayni, to adjourn the AAMPO at 7:07 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council was called to order by Mayor Campbell at 7:10 p.m.
on September 22, 2009, in the City Council Chambers in City Hall, 515 Clark Avenue. Council
Members present were Doll,Goodman,Larson,Mahayni,Popken,and Rice. Ex officio Member Keppy
was also present.
Mayor Campbell announced that staff had requested to pull Item No. 19, approval of the Plat of Survey
for 2329 Timberland Road, from the Consent Agenda for separate discussion.
PROCLAMATION FOR FIRE PREVENTION WEEK: Mayor Campbell proclaimed October 4-
10, 2009, as Fire Prevention Week. Accepting the Proclamation were Lieutenant Kevin Peterson,
and Fire Fighters Phil Brekke, Nick Lucchesi, and Jess Bappe. Lieutenant Peterson highlighted
some of the activities that the Fire Department will sponsor during Fire Prevention Week.
PROCLAMATION FOR 23" ANNUAL PUBLIC POWER WEEK: October 4 - 10, 2009, was
proclaimed as Public Power Week by the Mayor. The Proclamation was received by Electric
Services Director Donald Kom;Del Brown,Power Plant Manager;and Phil Schendel,Maintenance
Superintendent. Mr. Schendel and Mr. Brown explained the activities that would be held at the
Power Plant Open House to be held on October 10, 2009.
CONSENT AGENDA: Council Member Mahayni requested that Item No. 19 pertaining to the Plat of
Survey for 2329 Timberland Road be pulled for separate discussion.
Moved by Rice, seconded by Goodman, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of Regular Meeting of September 8, 2009
3. Motion approving Report of Contract Change Orders for September 1-15, 2009
4. Motion approving renewal of the following beer permits, wine permits and liquor licenses:
a. Class C Liquor- Whiskey River, 132 Main Street
b. Class C Liquor& Outdoor Service - Wallaby's Grille, 3720 W. Lincoln Way
C. Class B Beer- Elmquist/Decker's BP, 821 Lincoln Way
d. Class C Liquor & Outdoor Service - Brewer's, 2704 Stange Road
e. Class B Beer- Ames Happy Joe's, 551 S. Duff Avenue
f. Class C Liquor- La Fuente Mexican Restaurant, 217 S. Duff Avenue
g. Class C Liquor& Outdoor Service -Hickory's Hall, 300 S. 171' Street
h. Class C Beer-KMart#3971, 1405 Buckeye Avenue
i. Class C Liquor- Sips/Paddy's Irish Pub, 124 Welch Avenue
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j. Class C Beer-Doc's Stop No. 5, 2720 E. 131h Street
k. Class C Beer- That's Entertainment LLC, 129 Lincoln Way
1. Class E Liquor- Hy-Vee Food Store #l, 3800 W. Lincoln Way
in. Class E Liquor-Hy-Vee Food&Drugstore#2, 640 Lincoln Way
5. Motion setting the following City Council meeting dates:
January 19, 2010, at 5:15 p.m. for CIP Worksession
January 29, 2010, at 2:00 p.m. for Budget Overview
February 2, 3, 4, and 9, 2010, at 5:15 p.m. for Budget Hearings/Wrap-Up
March 2, 2010, at 7:00 p.m. for Regular Meeting and Final Budget Hearing
6. RESOLUTION NO. 09-450 approving and adopting Supplement No. 2009-4 to Municipal Code
7. RESOLUTION NO. 09-451 amending Municipal Code Appendix M to set new fees for Police
Department
8. RESOLUTION NO. 09-452 approving amendments to City's Records Retention Schedule
9. RESOLUTION NO. 09-453 accepting Certified Local Government Grant for Ames Historic
Preservation masonry restoration workshop
10. RESOLUTION NO. 09-454 approving Federal Recreational Trail Grant Application: Skunk River
Trail, Lincoln Way to South 16`h Street
11. RESOLUTION NO. 09-455 approving Federal Stimulus Agreement for Duff Avenue HMA
Resurfacing with Milling, 6th to 13" Street
12. RESOLUTION NO. 09-456 awarding contract to McFarland Cascade of Neosho, MO, in
accordance with unit prices bid for Wooden Transmission Poles for Electric Services Department
13. RESOLUTION NO. 09-457 approving increase in purchase order for 161-kV tie line services with
BrownWinick
14. RESOLUTION NO. 09-458 approving contract and bond for George Washington Carver Avenue
Improvements
15. RESOLUTION NO.09-459 approving contract and bond for Repair ofPedestrian Trail Bridge Over
Squaw Creek
16. RESOLUTION NO. 09-460 approving contract and bond for Power Plant Roof Replacement
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PLAT OF SURVEY FOR 2329 TIMBERLAND ROAD: Planning and Housing Director Steve
Osguthorpe reported that this was the first application for a Plat of Survey to be processed by City
staff since the adoption of the new ordinance pertaining to Plats of Survey. He reminded the
Council members that after they approve the Plat of Survey,it then goes to the County for approval.
Mr. Osguthorpe advised that staff noticed after the information was sent to the Council members
in their meeting packet that the Plat of Survey did not contain a required signature block for the
surveyor. It has now been revised and is ready for approval by the City Council.
Moved by Larson, seconded by Goodman,to adopt RESOLUTION NO. 09-461 approving the Plat
of Survey for 2329 Timberland Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM:Jane McGuire,Director of the Main Street Cultural District(MSCD),informed the
Mayor and Council that evaluations of the Downtown Summit held in Ames on August 25 and 26,
2009, came back with overwhelmingly high marks on the location, City staff who assisted, and the
facilities. Ms. McGuire also advised that architects are in Ames to work with eight Downtown
business and property owners on facade and upper-story designs. Those meetings will be held in
3
City Hall Conference Room 235. The proposed design renderings will be available on Thursday,
September 24, 2009, at 1:30 p.m. According to Ms. McGuire, the architectural services are being
provided at no cost.
Joe Rippetoe,419 Pearson Avenue,Ames, spoke about the Wolford Mall project. He recalled that
in November 2005, Wolford Development made a contractual agreement with the City, which
required by December 2007: (1)the purchase of land on East 13`Y' Street, (2)proof of financing for
the project, and(3)proof of retail leases. According to Mr. Rippetoe,those requirements were not
met, and the Ames City Council had been asked to rezone the land,but did not do so. Mr.Rippetoe
said that 22 months later,the Wolford development has not made any progress. In Mr. Rippetoe's
opinion, the Wolford project will not happen because: (1)many people do not want it, (2)it is too
big for such a small market, (3)it is too far from where people live or are likely to live, and(4)few
retailers have an interest in such a project. Mr.Rippetoe believes that the Wolford project has failed
because of its own flaws and excessive cost, and North Grand renovation is not occurring because
of the remote chance that the Wolford project will someday take away its stores. He thinks that,in
the meantime,many businesses who want to establish in Ames are seeking other locations;in many
cases, they are locating on South Duff.
Mr. Rippetoe told the Council members that they should consider the issue of financing for the
Wolford project. He said Wolford borrowed millions for the land and millions more for the related
infrastructure for a project that was estimated at$128 million. Mr.Rippetoe stated that the City has
a piece of paper dated December 2007 from Regents Bank of Birmingham indicating that it will
guarantee financing for the Wolford project. According to Mr. Rippetoe, Regents Bank had been
bailed out by $3 million in federal dollars, and that money has not been repaid at this time. Mr.
Rippetoe alleged that American taxpayers had bailed out Mr. Wolford's banker and asked if the
Ames taxpayers were going to be expected to bail out Mr. Wolford. He inquired if the Council had
looked into Mr. Wolford's financing. Due to the size of the obligation,Mr. Rippetoe believes that
it is unlikely that another financial institution would take that on. He cautioned the City Council
about considering a bail-out for Wolford Development.
Lastly, Mr. Rippetoe told the City Council that it should think about the transparency of what is
being discussed, pointing specifically to the Wolford Development documents no longer being
posted on the City's website and the Transportation Impact Study not being posted at all. Mr.
Rippetoe alleged that City government has a"blind spot"on just how much the community dislikes
the Wolford project. He said that they want the land rezoned as provided in the Agreement.
LIQUORLICENSES OR GATEWAY HOTEL&CONFERENCE CENTER:MovedbyMahayni,
seconded by Doll, to approve a 5-Day Special Class C Liquor License for Gateway Hotel &
Conference Center at ISU Alumni Center, 420 Beach Avenue, for September 23 - 27, 2009).
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Rice, to approve a 5-Day Class C Liquor License for Gateway
Hotel & Conference Center at ISU Alumni Center, 420 Beach Avenue, for October 6 - 10, 2009).
Vote on Motion: 6-0. Motion declared carried unanimously.
IOWA STATE HOMECOMING REQUESTS FOR OCTOBER 16, 2009: Mitch McDermott,
Homecoming Co-Chair; Marybeth Konkowski, Homecoming Co-Chair; and Kurt Beyer,
Homecoming Central Committee Advisor, were present. Mr. McDermott highlighted service
projects and activities planned to be held during Homecoming Week.
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Ms. Konkowski requested that fireworks be allowed to be held at 11:55 p.m. on Central Campus.
She said that this event being held at that time had become a tradition, and there had been no
reported problems in the past. Ms.Konkowski also requested City funding in the amount of$1,000
for the pancake feed to be held on Friday evening.
Moved by Mahayni, seconded by Doll, to adopt RESOLUTION NO. 09-462 approving closure of
portions of Ash Avenue, Gray Avenue,Lynn Avenue,Pearson Avenue, and Sunset Drive between
7:30 p.m. and 11:00 p.m. on October 16, 2009.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Doll, to approve a Temporary Obstruction Permit for the area
inside street closures on October 16, 2009.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Mahayni,seconded by Doll,to approve a Fireworks Permit for a ground-effects fireworks
shoot on Central Campus beginning at approximately 11:55 p.m. on October 16, 2009.
Vote on Motion: 6-0. Motion declared carried unanimously.
MovedbyMahayni,seconded byDoll,to adopt RESOLUTION NO.09-464 approving an allocation
of$1,000 for the pancake feed.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
REVIEW OF NATIONAL REGISTER NOMINATION FOR ROOSEVELT SCHOOL: Ray
Anderson, City Planner, advised that the City had received a request from the State Historical
Society of Iowa for review and comment on a proposed National Register nomination of Roosevelt
School located at 921-9th Street. He stated that Jennifer Price and Leah D.Rogers,consultants with
Tallgrass Historians,L.C.,had prepared the nomination for the Ames Smart Growth Alliance,which
is the applicant for the nomination. Mr. Anderson advised that the Ames Historic Preservation
Commission(HPC)had reviewed the nomination and recommended to the State that two of the four
significance criteria (#A and #C) have been met. The decision before the Council is whether it
believes that the nominated property meets those criteria.
An explanation of the National Register Criteria believed to have been met was given by Planner
Anderson; namely: (A) the property is associated with events that have made a significant
contribution to the broad patterns of history and(C)the property embodies distinctive characteristics
of a type,period,or method of construction;represents the work of a master;possesses high artistic
values; or represents a significant entity whose components lack individual distinction. According
to Planner Anderson, only one of the criteria is necessary to be met to make the property eligible.
He said that once the Council takes action, the application will be submitted to the State
Nominations Review Committee. That Committee then makes a recommendation to the National
Park Service,which makes the final determination whether or not to list the property on the National
Register. Mr. Anderson advised that the Ames Community School District is the property owner;
and, as a public entity,the School District may support or oppose the nomination,but regardless of
whether it supports the application or not, the application will move forward.
Gloria Betcher, Chairperson of the Ames Historic Preservation Commission, stated that no one
representing the Ames Community School District came to the HPC meeting when this issue was
discussed,so the School District's position on the nomination is unknown at this time. Ms.Betcher
5
said that this application is different from the last application pertaining to Roosevelt School. She
further explained that, in the prior application, Roosevelt Neighborhood had requested that the
School be declared a local landmark, which falls outside the Commission's purview. However,
requests for listing on the National Register may be brought forward by individual citizens, and the
only charge that the HPC and the City Council has is to determine whether the property meets the
criteria. Ms. Betcher noted that the listing of the property on the National Register does not restrict
its owner in any way unless the owner seeks to demolish the building using federal funds.
According to Director Osguthorpe, demolition would require the owner to go through a process
called a"Section 106 Review."
Francis Todey, member of the Ames Community School Board, was present. He advised that he
did not come to the meeting to speak on this item;however,he acknowledged that the School Board
does plan to discuss the issue at its next meeting. Mr. Todey noted that the School Board will be
meeting prior to the State Nominations Review Committee meeting.
Wesley Shank, 1801 -201h Street,Unit K-24, Ames, identified himself as an architectural historian
and former resident of the Roosevelt Neighborhood. Mr. Shank said he was a consulting member
of the subcommittee of Ames Smart Growth that assisted with the nomination application. He
believes the property meets the criteria as an historic structure and endorsed the application. Mr.
Shank described Roosevelt School as an outstanding example of good architectural design for its
period.
Catherine Scott, 1510 Roosevelt,Ames,said she is also a member of Ames Smart Growth Alliance.
Ms. Scott said Ames Smart Growth Alliance had done extensive research on the property in
question. She believes it fits the Council's priorities, specifically"strengthening neighborhoods,"
as the School is an important part of the neighborhood. Ms. Scott thinks that the disposition of the
property will also affect Downtown. Noting that the City is working on its Historic Preservation
Plan, Ms. Scott said that in order to preserve historic buildings, it is important to know which
buildings should be included. She also reported that the building fits in with sustainability;it is very
solidly built. According to Ms. Scott, there are no downsides to the nomination; perhaps it make
the building eligible to receive funding for restoration in the future.
Moved by Mahayni, seconded by Goodman,to find that the nomination of Roosevelt School to the
National Register of Historic Places meets National Register Significance Criteria"A"and"C"and
recommend National Register eligibility to the State Nominations Review Committee.
Council Member Larson asked if timing was an issue for this nomination application, as he would
like to give the owner of the building a chance to discuss the nomination before the City Council
acted on it. Mr. Larson feels that the approvals do not seem to be in the correct sequence; it seems
odd to him that the City Council would act on a building owned by another public entity.
Ms.Betcher stated that the Council is only being asked to determine whether the building is eligible.
She noted that the State Historical Society of Iowa only provides cities 60 days to review the
application. Planner Anderson stated that, as a Certified Local Government, the City is required to
conduct a review of any nomination in the jurisdiction of its Historic Preservation Commission.
Vote on Motion: 6-0. Motion declared carried unanimously.
AMES HISTORIC PRESERVATION PLAN: Planning and Housing Director Osguthorpe reported
that the consultant hired in 2007 by the City to prepare the Ames Comprehensive Historic
6
Preservation Plan had requested an additional extension of his contract with the City. The current
` agreement with Will Page,which was previously extended,now requires that the Plan be completed
by October 30, 2009. Mr. Osguthorpe advised that the contract requires that any amendments be
approved by the City Council; the requested time extension would change the date of completion
to December 31,2009. According to Mr. Osguthorpe,Mr.Page's work is nearly completed except
for formatting the language pertaining to the Plan's goals and objectives. Additional time will allow
for an adequate review by the Historic Preservation Commission and changes to be made, if
necessary. No increase in cost is being requested; only an extension of time for completion of the
Plan is being requested.
Moved by Rice,seconded by Popken,to adopt RESOLUTION NO. 09-465 approving an extension
of the Contract with Will Page to December 31, 2009, for preparation of the Ames Historic
Preservation Plan.
Roll Call Vote: 6-0. Resolution declared carried unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Action Steps for Preparation of Ames Historic Preservation Plan.Planner Ray Anderson reported that
approval of Action Steps is the next task in the process of developing the City's Comprehensive
Historic Preservation Plan. He reminded the Council that it had accepted the Plan's Goals and
Objectives in May of 2009. The Steering Committee then developed Action Steps, which are
statements that further refine the actions necessary to implement the Goals and Objectives.
Mr. Anderson advised that, in August 2009, the Historic Preservation Commission recommended
that the City Council accept the proposed Action Steps and proposed changes to the Objectives, as
prepared by the Steering Committee, with one revision. That revision was to add an Action Step
to Goal#4,"Objective D,"to read as follows:"Identify and designate appropriate public access site
or sites for preservation information." Mr. Anderson also reported that, on August 19, 2009, the
Planning and Zoning Commission recommended that the City Council accept the Action Steps
proposed by the Steering Committee,but asked that a Table of Contents and appendices be included
in the Plan. That has been completed,and was included as"Attachment B"in the Council's meeting
packet. The draft Plan will be brought before the Council in November 2009. The clarifications to
Goals No. 3 and No. 6s made by the Steering Committee were brought to the Council's attention.
Ms. Betcher noted that the City Manager had stated in the Council Action Form that the proposed
Action Steps were quite ambitious and could require a substantial commitment on the part of the
City in terms of finances and staff time to accomplish. Specifically addressing two of the Action
Steps, she clarified that:
1. Goal 1,Objective A,does not require historic street lights unique to national or local districts.
The Plan states that design guidelines would be developed for historic street lights in national
or historical districts.
2. Goal 2, Objective A, does not require funding one full-time staff position for the Ames
Historical Society; it only suggests that a strategy be identified that would allow for funding
that position.
Ms. Betcher also advised that the State Historical Society had made some recommendations to the
Plan; however, the HPC had not yet reviewed those. She noted that three of the State's
recommendations referred to revising Chapter 31 of the Municipal Code, but she agreed that further
clarifying those issues in the Plan would make it more usable in the future. Also, according to Ms.
Betcher,under Goal 5,the State suggested that the City work to partner with Iowa State University
in other areas besides just Campustown.
Moved by Mahayni, seconded by Larson, to approve the proposed Action Steps and changes to the
"Objectives" for the Ames Comprehensive Historic Preservation Plan, as recommended by the
Steering Committee, the Historical Preservation Commission, and the Planning and Zoning
Commission,for inclusion in the final draft of the Ames Comprehensive Historic Preservation Plan.
Council Member Rice noted that the Action Steps did not incorporate any of the recommendations
made by the State Historical Society. Mr. Anderson reiterated that the Ames Historic Preservation
Commission had not reviewed those yet. Mr. Rice offered that expanding the University's
involvement beyond Campustown made sense to him. Planner Anderson said that staff would
report back to the City Council if the HPC wants any of the recommendations included in the Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON ABANDONMENT OF PUBLIC UTILITY EASEMENTS IN ESTATES OF
NATURE'S CROSSING: Mayor Campbell noted that the developer had requested that the hearing
again be continued until the next Council meeting.
Moved by Mahayni, seconded by Popken, to continue the hearing until October 13, 2009.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON 2008-09 CONSOLIDATED ANNUAL PERFORMANCE AND EVALUATION
REPORT (CAPER) FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT
(CDBG)PROGRAM: The public hearing was opened by Mayor Campbell. No one wished to speak,
and the hearing was closed.
Moved by Goodman, seconded by Popken, to adopt RESOLUTION NO. 09-466 approving the
CAPER and authorizing its submittal to HUD.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON SALE OF GENERAL OBLIGATION BONDS,SERIES 2009B:Finance Director
Duane Pitcher reminded the Council that bonds are sold to cover budgeted items in the City's
Capital Improvements Plan. He advised that bids were opened for the Series 2009B Bonds today
at 11 AM, and the City received favorable results.
The City's Financial Advisor Tionna Pooler,Public Financial Management,Des Moines,was also
present. She advised that five bids were received, and Robert W. Baird, partnering with several
banks, was the winning bidder. Ms. Pooler advised that Moody's had affirmed City's Aaa rating,
which, according to Ms. Pooler, is increasingly rare and valuable to the City. She elaborated that
the credit spread in the past 18 months had widened considerably, so the fact that the City had
maintained its Aaa rating has saved it a lot of money. According to Ms. Pooler,the actual TIC was
2.6%,and the bonds,for street and other public improvements,will be paid back through 2021. She
also advised that the City had planned to receive approximately $11 million in proceeds. No
additional bonds were sold, but the bonds were sold at a premium, so the City actually got
approximately$265,000 more that can be spent on similar types of projects.
Mayor Campbell opened the public hearing. After no one requested to speak,the Mayor closed the
8
hearing.
Moved by Mahayni,seconded by Goodman,to adopt RESOLUTION NO.09-467 awarding the sale
of$11,165,000 General Obligation Corporation Purpose Bonds, Series 2009B,to Robert W. Baird
& Co., Inc.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE AMENDING CITY POLICY TO INCLUDE WATER SERVICE TO RURAL
CUSTOMERS: Assistant City Manager Bob Kindred recalled that staff had presented options to
the City Council at a previous meeting concerning a "Rural Water" Ordinance, and following
Council's direction, the Ordinance was prepared. Mr. Kindred noted that there was a property
owner,John Forth,who had requested to connect to City water seven years ago. Council's attention
was brought to the letter from Mr. Forth, who requested that the Ordinance be adopted at this
meeting and that he be allowed to connect at the $10/lineal foot rate, which was the rate in effect
until June 2009.
Council Member Doll inquired if there were other property owners in similar situations. Mr.
Kindred advised that there were other property owners who were eligible to connect,but they had
not yet expressed an interest in doing so.
Moved by Larson, seconded by Goodman, to pass on first reading an ordinance amending City
policy to include water service to rural customers.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Larson, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 5-1. Voting aye: Doll, Larson, Mahayni, Popken, Rice. Voting nay: Goodman.
Motion declared carried.
Moved by Mahayni, seconded by Popken, to pass on second and third readings and adopt
ORDINANCE NO. 4010 amending City policy to include water service to rural customers.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Doll, seconded by Mahayni, to grant a one-time waiver to John Forth,which will allow
his property to be connected at the $10/lineal foot rate.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE PERTAINING TO NATURAL GAS FRANCHISE: Moved by Mahayni, seconded
by Popken,to pass on third reading and adopt ORDINANCE NO.4006 granting to Interstate Power
and Light Company,its successors and assigns,the right to operate a natural gas distribution system
in the City under a non-exclusive franchise.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REGARDING FLOOD PLAIN ZONING REGULATIONS: Moved by Mahayni,
seconded by Goodman, to pass on third reading and adopt ORDINANCE NO. 4007 making text
amendments pertaining to flood plain zoning regulations.
9
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE AMENDING SUBDIVISION REGULATIONS PERTAINING TO SOURCE
WATER PROTECTION:Moved by Goodman, seconded by Doll,to pass on third reading and adopt
ORDINANCE NO. 4008 amending subdivision regulations pertaining to source water protection.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE AMENDING ZONING REGULATIONS PERTAINING TO SOURCE WATER
PROTECTION: Moved by Goodman, seconded by Mahayni, to pass on third reading and adopt
ORDINANCE NO. 4009 amending zoning regulations pertaining to source water protection.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PROPOSED CHANGES TO PARKING ENFORCEMENT ORDINANCE: City Attorney Doug
Marek told the Council that the Judicial Branch Omnibus Bill passed late last spring included
several provisions related to fees and processes for court cases going through the District Court.
Three of those changes affect the City's local parking enforcement regulations and were explained
by Mr. Marek, as follows:
1. The only parking tickets that may now be processed through the Court system are those that
are first deemed"contested." It is believed"contested"means that an administrative process
where the City would determine if the ticket is being contested must first have occurred before
the ticket may be filed with the District Court. Prior to the passage of this Bill, the City had
the authority to either pursue collection of a ticket as a fine or,if left unpaid,to file it with the
District Court. However, the City may now only file the ticket with the District Court if the
fine is deemed to be "contested." Mr. Marek said the proposed change to Section 18.7 is to
make parking tickets deemed"contested" if they remain unpaid after 30 days. In addition to
the ticket, there would be a written Notice of Violation sent to the owner of the vehicle.
2. The amount of time that has to pass before a fine may be increased has changed to 30 days.
Currently, City parking fines increase from$5 to$10 after ten days. It is being proposed that
the City's fine now be set at$10,but allow$5 to be waived if the ticket is paid within the first
ten-day period. Therefore, the fine would not increase before 30 days. The City's fine is not
being increased, as a reduction would be given of$5 if it is paid within ten days.
3. Currently,parking in a handicapped space is subject to a$100 fine. The City previously had
the option, if the fine was unpaid and there was a pattern of similar conduct by a particular
driver, of filing the ticket in District Court,which would make it a criminal offense. The Bill
now prohibits those cases to proceed through the Court system. If unpaid,the City could send
it through a collection agency, but could not request judgment in District Court.
Mr. Marek requested that the City Council refer this issue to staff for drafting an ordinance
incorporating the above changes;this would bring the City's parking fines in compliance with state
law.
At the request of City Manager Schainker, Mr. Marek clarified that any parking violations, other
than handicapped violations,would need to be deemed"contested." This would include violations
10
for illegal parking, which would be increased to $15 with the City waiving $5 if paid within ten
days.
Moved by Doll,seconded by Rice,directing the City Attorney to draft an ordinance revising parking
enforcement provisions for parking violations.
Vote on Motion: 6-0. Motion declared carried unanimously.
2010 CITY LEGISLATIVE PRIORITIES: Assistant City Manager Kindred said that the City had,
for the last few years,worked with the Iowa League of Cities as well as the Metropolitan Coalition
to advance issues that would benefit the City and its citizens. He advised that,in preparation for the
Metropolitan Coalition's fall meeting on September 23,2009,the Managers had developed a list of
legislative priorities based on input from Department Heads. According to Mr. Kindred, on
September 24, 2009, the Iowa League will present its prioritized list of issues at the Metropolitan
Coalition meeting. Mr.Kindred asked the City Council to provide direction to confirm or modify
the City's priorities. He noted that the list of issues affecting Iowa's cities evolves continuously
over the course of the legislative session; other issues may become apparent by the time the Mayor
and City Council meet with the area legislators late this fall.
Council Member Rice asked if the condominium conversion and cooperative housing issues and the
subsequent loss of significant property tax dollars had been addressed by the Metropolitan Coalition
or the Iowa League of Cities. Mr. Kindred advised that there had not been much activity on the
conversion issue in recent years. He noted that larger cities were greatly impacted in the first years
after that legislation was passed,but there had been no recent efforts to overturn it. Mayor Campbell
said that she would pass on the concern at tomorrow's meeting.
Council Member Goodman asked for clarification regarding what staff had listed under"Fire Safety
Issues"and particularly regarding residential fire sprinklers. Mr.Goodman construed it to mean that
it was the City's position to take the power to regulate residential sprinkler systems away from
cities. Mr.Kindred clarified that it was actually the City's position to preserve that power. He said
there appears to be some interest in either prohibiting cities throughout the state of Iowa from
requiring residential fire sprinklers or possibly leave that decision to each municipality,and it would
be the position of the City of Ames to allow cities to make that choice. Mr. Goodman said he was
particularly concerned over the statement, "The best outcome would be for Iowa to adopt the 2009
International Residential Code(IRC)statewide. A lesser compromise would be for the state to allow
individual cities to opt in to or out of this provision within the IRC." Council Member Larson
advised that he had read that provision the same way as Mr. Goodman had interpreted it. He said
that he would not be able to support that until input was received from affected property owners and
developers, and he also would want to know the cost of the requirement versus insurance savings
for property owners. City Manager Schainker asked if the City Council wanted that priority dropped
in its entirety or if it should state that communities should make their own decisions on it. Mr.
Kindred clarified that the State Fire Marshal adopts Fire,Plumbing,Residential Codes for the entire
state;however,cities have the authority to adopt the same or other Codes. Within the City of Ames,
the City Council always has the authority to adopt modifications to the Fire Code.
City Attorney Marek stated that cities would have the option of either requiring the sprinkler
provisions or to opt out. He noted that there might be some discussion on prohibiting jurisdictions
from imposing the requirement.
Council Member Larson offered his preference for the City to maintain local control.
11
Moved by Goodman, seconded by Larson, to ask that the Mayor and City staff clarify the City's
position of maintaining local control on the fire safety issue pertaining to residential fire,sprinklers.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rice, seconded by Popken, to include a concern about condominium and cooperative
housing conversions.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Doll, seconded by Mahayni, to accept the 2010 State Legislative Priorities as above
amended.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Popken, seconded by Goodman, to refer to staff the letter from the
Chairperson of the Ames Historic Preservation Commission regarding a National Historic Register
designation for the Ames Public Library.
Vote on Motion: 6-0. Motion declared carried unanimously
Moved by Goodman,seconded by Mahayni,to direct staff to prepare a memo outlining the difference
between Home Occupations and Special Home Occupations and respond to Betsy Baum.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Doll, seconded by Goodman, to adjourn the meeting at 8:29 p.m.
a&�Ww.
!/U-dj_ ,
Diane R. Voss, City Clerk Ann H. Campbell, Mayo
12
Proof Of Publication In
THE TRIBUNE
STATE OF IOWA,STORY COUNTY,ss.
I,Alexandra Hayne, on oath depose
and say that I am editor,
of THE AMES TRIBUNE, a daily newspaper, printed
at Ames,Story County, Iowa;that the annexed L@gad NOtICe
printed
#51826
CITY OF AMES NOTICE OF HEARING
ALLIANT ENGERGY The Cit
y Council of the City of Ames,
low, will meet on �e 26th day of MaY, 2009, in th .city
Chambers, 515-CI Council
seven o'clock he pur, t
was published in said newspaper for 1 p.m., r the purpose
pof considering an ordnance granting
consecand theulast dayve ay publication tion is tthay 13, O9 'toe 13th day of Company, i Power, and fight
Y P Y Company, its successors and
May,2009 assigns,the right to operate a natural
gas distribution system in the City of
Ames under a non-exclusive fran-
chise.
Diane R.Voss,City Clerk
Published in the Tribune on May 13,
LIN � 2009.
i Commission No.768544 �+
• My Commission Expires
• June 1,2012
f
Notary Public
sworn to before me and subscribed in my
presence by Alexandra Hayne
this the 13th day of May 2009.
FEES:$5.45
NO.TR51826
ACCT:AM ES 14
Legal-Notice
62272
ORDINANCE#f4006
AN.ORDINANCE GRANTING UNTO
'INTERSTATE POWER AND LIGHT
COMPANY, ITS SUCCESSORS
'AND ASSIGNS, A NON-EXCLU-
SIVE FRANCHISE AND RIGHT
FORA PERIOD OF TWENTY-FIVE
YEARS TO ERECT, CONSTRUCT,
RECONSTRUCT, MAINTAIN, AND
OPERATE PLANT AND DISTRIB-
UTING SYSTEMS FOR THE DIS-
TRIBUTION OF NATURAL GAS IN
THE CITY OF AMES, IOWA, AND
TO ENTER UPON AND TO USE
AND OCCUPY THE STREETS,
AVENUES, ALLEYS, BRIDGES,
AND OTHER PUBLIC PLACES OF
SAID CITY FOR THE PURPOSE OF
CONSTRUCTING, RECON
STRUCTING, MAINTAINING, AND
OPERATING THEREIN,THEREON,
AND`THEREUNDER SAID`SYS-
TEMS FOR THE DISTRIBUTION OF
NATURAL GAS OR ANY AND ALL .
OTHER TYPES AND KINDS OF
GAS, CONSISTING,OF MAINS,
Proof Of Publication In PIPES, PIPE LINES, DISTRIBUT-
THE TRIBUNE ING LINES, CONDUITS AND
OTHER EQUIPMENT, APPURTE-
INANCES AND CONSTRUCTION
NECESSARY OR INCIDENT TO
STATE OF IOWA, STORY COUNTY,ss. i SAID:DISTRIBUTION SYSTEMS,
AND TO SELL, DISTRIBUTE,AND
I,Alexandra Hayne,on oath depose 1 .SUPPLY NATURAL GAS TO SAID
CITY AND THE INHABITANTS
and say that I am editor, THEREOF AND OTHERS WITHIN'
of THE AMES TRIBUNE,a daily newspaper, printed I`.AND WITHOUT SAID CITY FOR
at Ames, Story County, Iowa;that the annexed ALL PURPOSES,AND PRESCRIB-
printed ING THE TERMS AND CONDI-
TIONS OF THE GRANT AND
REPEALING ALL ORDINANCES IN
CITY OF AMES CONFLICT THEREWITH.
ORDINANCE#4006 "BE IT ORDAINED by the City
Council of the City of Ames,Iowa:
Section One. The City of Ames, t
i
Iowa, hereby grants unto Interstate
Power and Light Company,an Iowa
was published in said newspaper for 1 corporation, its successors and °
assi ns, i
consecutive weekday September 29,2009 g. hereinafter .the
and the last day of publication is the 29th day of September 2009 Grantee, a non-exclusive franchise
and right for a period of twenty-five
years from and after the date this
ordinance becomes effective, to
erect,construct,'reconstruct, main-
tain,.and operate within the corpo-
rate limits of said City of Ames,Iowa,
as the same now are or hereafter
may be located or extended, the
LINDAA RAZEY plant and facilities for distribution of
$ Commission No.76MM4 !
natural gas,whether said distribution !I
My Commission Expinfs systems, have been heretofore or
June 1,2012 hereafter may be constructed,
together with the franchise and right
to enter upon and to use and occupy
the streets,avenues,alleys,bridges,
and other public places of said City
as the some now are or hereafter
May be located or extended,for the
Purpose of constructing,reconstruct-
ing, 'maintaining, and ,operating
therein, thereon, and thereunder
systems for the distribution of natural
gas consisting of mains,pipes pipe
lines,distributing lines,condwts�t0
other equipment,appurtenances'ditd'
Notary Public k necessary or incident to
etioh :sworn to before me and subscribed in my systems, and
a..«a„�hkn and rant
presence by Alexandra Hayne
this the 29th day of September 2009.
FEES:$107.75
NO.TR52272
ACCT:AMES14
a-..� :.:' �Ti+d,z�7ir/�s����t�7 +e,:1F•,ro+Rwr;�'Fa�w �r.r wr�"�!'°'*�.. .�.., . . ,:..,�" :' ':;.
ded the signed by the Mayor, and hereby to be deemed "contested.' This 33889.16
ted the made a portion of these minutes. would include violations for illegal ANDERSON,JOAN 4.46
in May ORDINANCE AMENDING : 1. ARIF,HINA 30.00
7.62
mmittee POLICY TO INCLUDE .65
which SERVICE TO RURAL .48
Vote on Motion: 7-0. Motion Store#1,3800 W.Lincoln Way ' .45
fine the TOMERS: Assistant City Me declared carried unanimously. m. Class E Liquor-Hy-Vee Food -11
lent the Bob Kindred recalled that sta 2009 TRANSPORTATION Drugstore#2,640 Lincoln Way .80
presented options to the City C IMPROVEMENT PROGRAM (TIP) 5.Motion setting the following City .60
August at a previous meeting concen AMENDMENT PERTAINING TO Council meeting dates: .35 Irvation "Rural Water"Ordinance,and f PROPOSED iNTERMODAL FACILI- January 19, 2010, at 5:15
:hat the ing Council's direction, Y p.m. for .39
TY PROJECT:Transit Director Sheri CIP Worksession i.00
oposed Ordinance was prepared. Kyras indicated that this was actually January 29, 2010, at 2:00 p.m. for• I.36
hanges Kindred noted that there was a a "housekeeping" item; the Ipp
I by the erty owner, John Forth, who P 9 grant Budget Overview ',85
application for the Intermodal Facility February 2,3,4,and 9,2010,at 5:15
re Project was submitted on September 25
ad P p.m.for Budget Hearings/Wrap-Up .66
Legal Notice 10,2009,and this will get the TIP in March 2, 2010, at 7:00 p.m. for .12
5je line with what had already been sub- Regular Meeting and Final Budget. :00
Iffy mitted. Ms.Kyras noted that the pro- Hearing !18
ac #52277 posed Intermodal Facility is currently 6.RESOLUTION NO. 09-450 •65
ifo MINUTES OF THE MEETING OF listed in the TIP under Year2012 for approving and adopting Supplement 86
)pc THE AMES AREA $15 million; it needs to be moved to No.2009-4 to Municipal Code 07
9, METROPOLITAN PLANNING Year 2010 for the actual price of TRESOLUTION NO. 09-451 1'44
ni: ORGANIZATION $43,666,500, amending Municipal Code Appendix 1.98
�c TRANSPORTATION POLICY Moved by Mahayni, seconded by M to set new fees for Police' 1.60
s; COMMITTEE Doll, to approve an amendment to Department
AND REGULAR MEETING the FY 2010 Transportation &RESOLUTION NO. 09-452 5.00
a OF THE AMES CITY COUNCIL Improvement Program(TIP)to move approving amendments to Cit s 35.0
1 AMES,IIOWA Y' 35.00
the proposed Intermodal Facility Records Retention Schedule �7.50
Proof Of Publication In
I SEPTEMBER 22,2009 Project into FY 2010 and to increase 9.RESOLUTION NO.09-453 accept- 14.58
the funding required for submission ing Certified Local Government 50.47
THE TRIBUNE Mayor Campbell noted that the to the Iowa Department of Grant for Ames Historic Preservation 14.14
Council would be working from an Transportation and Federal Transit masonry restoration workshop IG
I Amended Agenda. The additional Administration. 10.RESOLUTION NO. 09-454 �'.�
item had been added under the Vote on Motion: 7-0. Motion approving 56.50
STATE OF IOWA, STORY COUNTY,ss. pprovin Federal Recreational Trail ss.5o
Ames Area Metropolitan Planning declared carried unanimously. Grant Application:Skunk River Trail, 30.00
Organization portion of the meeting; Moved by Goodman, seconded by Lincoln Way to South 16th Street 53.10
I,Alexandra Hayne, on oath depose that item pertained to the proposed Mahayni, to adjourn the AAMPO at 11.RESOLUTION NO. 09-455 15.00
and say that I am editor, Intermodal Facility Project. 7:07 p.m.
AMES AREA METROPOLITAN REGULAR MEETING i0iF THE APPeement forFDuffaAvenuel HMA ""08
of THE AMES TRIBUNE,a daily newmulus 15
Sp£ PLANNING ORGANIZATION AMES CITY COUNCIL Resurfacing with Milling,6th to 13th {000
at Ames, Story County, Iowa;that the ani (AAMPO) The Regular Meeting o�the Ames Street
printed .ao
TRANSPORTATION POLICY COM- City Council was called to order by 12.RESOLUTION . NO. 09-456 1•90
MITTEE MEETING Mayor Campbell at 7:10 p.m, on awarding contract to McFarland 39
CITY OF AMES The Ames Area Metropolitan September 22, 2009, in the City Cascade of Neosho, MO, in accor-
Planning Organization (AAMPO) Council Chambers in City Hall, 515 dance with unit prices bid for 97
MINUTES/CLAIMS 9/14 Transportation Policy Committee Clark Avenue. Council Members Wooden Transmission Poles for 20
met at 7:00 p.m.on the 22nd day of present were Doll, Goodman, Electric Services Department .91
September,2009,in the City Council Larson,Mahayni,Popken,and Rice. 13.RESOLUTION NO. 09-457 .75
Chambers in City Hail, 515 Clark Ex officio Member Keppy was also approving increase in purchase .00
was published in said newspaper for 1 Avenue, pursuant to law with Ann present. order for 161-kV tie line services with 67
Campbell as Administrator. Voting Mayor Campbell announced that BrownWinick .00
consecutive week/day September 29,20 members present were Campbell, staff had requested to pull Item No. 14.RESOLUTION N O. 09-458 0.84 and the last day of publication is the 29th Doll, Goodman, Larson, Mahayni, 19,approval of the Plat of Survey for approving contract and bond for 117.74
Popken, and Rice, representing the 2329 Timberland Road, from the George Washington Carver Avenue 16.72
City of Ames City Council. Mike Consent Agenda for separate dis- Improvements t4.00
O'Brien, Boone County Supervisor; cussion. 15.RESOLUTION NO. 09-459 �5'GC
Wayne Clinton, Story County PROCLAMATION FOR FIRE PRE- approving contract and bond fdr 3.3E
Supervisor; and Robert Anders, VENTION WEEK: Mayor Campbell Repair of Pedesttian Trail Bridge o.oc
Ames Transit Agency,were absent. proclaimed October 4- 10, 2009, as Over Squaw Creek 18.8E
2009 TRANSPORTATION Fire Prevention Week.Accepting the 16.RESOLUTION NO. 09-460
LfNOAAfZIiZEY IMPROVEMENT PROGRAM (TIP) Proclamation were Lieutenant Kevin approving contract and bond for 13:5C
COMM"On No 758544 AMENDMENT PERTAINING TO Peterson, and Fire Fighters Phil Power Plant Roof Replacement - P6.0C
• MYCOmmission Expires MILLING AND RESURFACING Brekke, Nick Lucchesi, and Jess Roll Call Vote: 6-0. Resolutions '
• June 1,2012 DUFF AVENUE: Public Works Bappe. Lieutenant Peterson high- declared adopted unapimously, ix
Director John Joiner advised that, lighted some of the activities that the signed by the Mayor, and hereby I�3.3t
earlier this year, through the Fire Department will sponsor during made a portion of these minutes. 1.8f
American Recovery and Fire Prevention Week. PLAT OF SURVEY FOR 22 ut TIM- of
Reinvestment Act (ARRA), the PROCLAMATION FOR 23RD BERLAND ROAD: Planning and 0(
AAMPO received approximately$2.1 ANNUAL PUBLIC POWER WEEK: Housing Director Steve Osguthorpe a
million to spend on surface trans- October 4 - 10, 2009, was pro- reported that this was the first appli- 165.01
portation projects. At that time,the claimed as Public Power Week by cation for a Plat of Survey to be i
AAMPO Policy Committee and Ames the Mayor. The Proclamation was processed by City staff since the 89.7
City Council approved three resur- received by Electric Services adoption of the new ordinance per- 1411.3
facing projects: (1) West Lincoln Director Donald Kom; Del Brown, taining to Plats of Survey. He 10.01
Way,(2)a portion of the Skunk River Power Plant Manager; and Phil reminded the Council members that 09.8
Trail(13th Street to Carr Pool),and Schendel, 20.9
Maintenance after they approve the Plat of Survey, 1263.6:
(3)G.W. Carver from Stange Road Superintendent. Mr. Schendel and it then goes to the County for 40.3
to Bloomington Road. Bids came in Mr. Brown explained the activities approval. Mr. Osguthorpe advised �NC
Notary Public for those three projects under the that would be held at the Power Plant that staff noticed after the informa- 158.8
sworn to before me and subscribed in my estimated amounts, which left Open House to be held on October tion was sent to the Council mem- %0
presence by Alexandra Hayne $see 857 of ARRA funds available. 10,2009. 9 1259.3
plain 9 9 tiers in theirGILLIGANpI-JURNAhat the 11400.0
the to flood zoning regulations.. would be for me scare ro mivw
this the 29th day of September 2009. ;Sion, Roll Call Vote: 6.0. Ordinance vidual cities to opt in to or out of this GOEMAAT,DAN 100.0
fining declared adopted unanimously, provision within the IRC" Council GOOD NEIGHBOR-EMERGENCY AS
FEES:$790.20 final signed by the Mayor, and hereby Member Larson advised that he had 1460.3
NO. TR52277 nsive made a portion of these minutes. read that provision the same way as GRAINGER jNC 246.7
ORDINANCE AMENDING SUBDIVI- Mr.Goodman had interpreted it. He GUSTOPF,SUS 56.0
ACCT:AMES14 HALLGVAA DICK
OR R 9.1
It the SION REGULATIONS PERTAINING said that he would not be able to HALL,DICK OR RENA 49.1
any TO SOURCE WATER PROTEC- support that until input was received HANSEN,MICHAEL J 22.4
a by TION:Moved by Goodman,second- from affected property owners and HCS BUILDERS INC ^^ 10o0.0
CERTIFICATE OF CITY CLERK
I, City Clerk of the City of Ames, Story County, Iowa, do hereby certify that
Ordinance No. 4006 was duly and legally adopted and passed by the City Council of the
City of Ames, Story County, Iowa, at a meeting held on the 22 day of
September , 2009; that it was on the same day signed by the Mayor; that it has
been recorded in the Ordinance Books of the City and that the recording thereof has been
signed by the Mayor and City Clerk. I further certify that:
• An Official Notice of Public Hearing was made on May 13 , 2009 for said
Ordinance No. 4006 ;
• The Official Notice for Ordinance No. 4006 included the full text of said
ordinance or stated the full text of said ordinance was available in the City Clerk's
Office;
• A Public Hearing was held for said Ordinance No. 4006 on
May 26 , 2009;
• Publication of passage of said Ordinance No. 4006 was made on
September 29 , 2009,
• Publications thereof were made in the Ames Tribune a newspaper
published and/or distributed in Ames, Story County, Iowa, and of general circulation
in said City.
WITNESS my hand and the City seal this 8 day of October 2009.
Lf, L-)-F 1 �
Clerk for the City of Ames,
Story County, Iowa
(SEAL)