HomeMy WebLinkAboutA033 - Minutes from December 11, 2012 meeting Discussion ensued on the education and experience requirements, specifically relative to
experience in public sector professional legal experience, and whether it would be required
or preferred. Council Member Larson did not want to require five years' experience because
he did not want that to preclude a potentially good candidate from applying. Council
Member Goodman suggested that some, but not necessarily five years' experience, be
required.
Moved by Szopinski, seconded by Davis, to change the word "required" to "preferred"
pertaining to the public sector professional legal experience.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodman, seconded by Davis, to require that the new City Attorney live in the
City of Ames.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Davis, seconded by Szopinski, to state that the salary is "commensurate with
experience."
Council Member Goodman suggested that other advertisements for City Attorneys be
reviewed to see if that terminology is included.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-631 appointing Judy
Parks as Acting City Attorney with a 5% increase [salary of$87,424].
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
CSOUTH�FORK—SUBDIVISION: Public Works Director John Joiner that the 2001
Memorandum of Agreement or Developer's Agreement for South Fork Subdivision had
required the developer to pay 50% of the costs of construction for installation of the left turn
lane improvements at the intersection of Lincoln Way and Franklin Avenue. The City would
pay for the remaining 50%, as well as any engineering design and right-of-way costs, as
needed, to complete the project. The Agreement further had stipulated that those
improvements not be constructed until the intersection had fallen below the Institute of
Traffic Engineers Level of Service "C" or a Final Plat was sought for a part of the site east of
Dotson Drive and not abutting Dotson Drive, whichever occurs first. It was reported by
Director Joiner that neither of those triggers had been met.
Mr. Joiner further advised that the developer had also been required to guarantee the
financial obligation by providing security in an amount equal to 50% of the estimated costs
of construction specified by the City. The most recent estimate from June 2012 estimates the
construction costs at $900,000. The developer was required to post security equivalent to
$450,000.
According to Director Joiner, on October 25, 2012, the City Council approved the
developer's request to use security interest in the developer's real property as an alternative
to the Letter of Credit. The developer provided the City with security interest in two lots
(Outlot R contains a 4,000 square foot residence and Outlot U, which is an unimproved four-
acre parcel). In October 2010, the City Attorney reviewed abstracts, appraisals, and titles to
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both properties and determined that Outlot R (3908 Marigold Drive) had an appraised value
of $700,000 and was encumbered by a mortgage in the amount of $420,000, and Outlot U
(500 Dotson Drive) had an assessed value of$175,100 and was encumbered by the Letter of
Credit currently being held by the City. With those considerations, there was unencumbered
value in the two lots of$455,100 to exchange the form of security from a Letter of Credit to
a mortgage on Outlots R and U.
The Council was informed that Pinnacle Properties had recently approached the City to
express its desire to purchase and further develop Outlot U. Mr. Joiner explained a number of
issues that needed to be addressed by the City Council to facilitate the development of 500.
Dotson Drive, as follows:
1. Because the subject property is being held as security for the Lincoln Way and Franklin
Avenue improvements, a replacement form of security would need to be provided to the
City.
2. Due to the parcel connecting to Dotson Drive, rather than leading east to Franklin
Avenue improvements, the Developer's Agreement needs to be modified so that
developing this area doesn't initiate the requirement for the Lincoln Way and Franklin
Avenue improvements. Further development of 3908 Marigold Drive or the intersection
falling below a Level of Service "C" would still initiate the requirement for the
improvements.
3. Using recent estimates from the City Assessor, the combined value of the two parcels is
approximately $560,014. Outlot U (estimated at $175,100) represents 31% of the overall
value while Outlot R represents 69% of the cost share.
Mr. Joiner advised that the Developer's Agreement would also need to be modified to
reflect that Pinnacle Properties is responsible for 31% of that cost share and that Terra
Firma, L.P. , remain responsible for 69% of the cost share.
Moved by Goodman, seconded by Davis, to direct the Acting City Attorney to draft
modifications to the Memorandum of Agreement so that:
1. Construction of the improvements at Lincoln Way and Franklin Avenue shall be done
and completed at such time as it is determined that the overall intersection had fallen
below the Institute of Traffic Engineers Level of Service "C" or a Final Plat is sought for
any portion of 3908 Marigold Drive.
2. Pinnacle Properties will be responsible for providing a Letter of Credit to the City in the
amount of $175,100, which should be adjusted periodically, to secure 31% of half the
estimated cost of the intersection improvements at Lincoln Way and Franklin Avenue.
3. Pinnacle Properties will be responsible for 31% and Terra Firma, L.P., will be
responsible for 69% of the developer's share of the actual cost of construction
improvements at Lincoln Way and Franklin Avenue.
4. Pinnacle Properties will be responsible for the provisions of said Agreement that are
necessitated by or pertain to the further development of 500 Dotson Drive.
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5. Terra Firma, L.P., will be responsible to pay 69% of half the cost of the intersection
improvements at Lincoln Way and Franklin Avenue. The security for that responsibility
will continue to be in the current form of mortgage on the land in Outlot R, which
previously had a net value of$280,000.
Vote on Motion: 6-0. Motion declared carried unanimously.
OUTDOOR WARNING SYSTEM: Police Chief Chuck Cychosz informed the Council that the
City had updated the siren equipment in the City's 15 outdoor warning system sirens
approximately five years ago. The sirens are designed to provide a warning of severe weather
to citizens who are outside their homes. The Chief cautioned that indoor warnings are best
achieved through household use of a weather radio.
It was reported by Chief Cychosz that there has been a trend across the country toward siren
activation in the event of high winds or potentially dangerous hail. The Story County
Emergency Management Commission had recommended, on October 17, 2012, that
activation criteria include forecasted winds in excess of 70 mph or hail in excess of 1.75
inches. Chief Cychosz noted, however, that the most-recent high wind events within the City
of Ames were not forecasted with sufficient advance warning to allow utilization of the
Outdoor Warning System.
According to Chief Cychosz, Ames and Iowa State University have coordinated their usage
of the Outdoor Warning System for many years. He advised that staff from both entities
supported the proposed additional activation criteria.
Moved by Davis, seconded by Orazem, to direct staff to add Outdoor Warning System
activation criteria for winds in excess of 70 mph and hail in excess of 1.75 inches.
Vote on Motion: 6-0. Motion declared carried unanimously.
CONCEPTUAL COST STUDY FOR AIRPORT TERMINAL: Public Works Director John
Joiner said that the next step in this process was to take the input from the Airport users to
create a conceptual layout to be used for refining the overall project budget and to meet state
and federal requirements of providing definitions of the proposed spaces within the
Terminal. Those definitions are used by the Iowa Department of Transportation and Regional
Federal Aviation Administration staff to determine eligibility of each space.
The City's current airport consultant, Bolton & Menk, along with Architectural Alliance of
Minneapolis, Minnesota, will meet with City staff to develop the schematic design and refine
the budget. The cost of that conceptual work is estimated not to exceed $7,000 and could be
funded from the City Council Contingency Account.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 12-632 approving the
Contract for Professional Services with Bolton & Menk in the amount of$7,000 to be paid
from the City Council Contingency account for creation of a conceptual layout and budget
for the new Airport Terminal Building project.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
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