HomeMy WebLinkAbout~Master - Regular Meeting of the Ames Conference Board 02/22/2011MINUTES OF THE REGULAR MEETING OF THE
AMES CONFERENCE BOARD AND
REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA FEBRUARY 22, 2011
REGULAR MEETING OF THE AMES CONFERENCE BOARD
The regular meeting of the Ames Conference Board was called to order by Chairperson Ann
Campbell at 6:30 p.m. on February 22, 2011. Present from the Ames City Council were Davis,
Goodman, Larson, Mahayni, Orazem, and Wacha. Story County Board of Supervisors present were
Clinton, and Toot. Representing the Ames School Board were Todey and Talbot. Gilbert School
District and United School District were not represented. Supervisor Sanders arrived at 6:37 p.m.
MINUTES OF THE JANUARY 25, 2011, CONFERENCE BOARD REGULAR MEETING:
Moved by Mahayni, seconded by Todey, to approve the minutes of the Regular Meeting of the
Conference Board on January 25, 2011.
Vote on Motion: 3-0. Motion declared carried unanimously.
APPOINTMENT TO BOARD OF REVIEW: Moved by Todey, seconded by Goodman, to adopt
RESOLUTION NO. 11-055 to approve appointment of Tom Carey to the Board of Review.
Roll Call Vote: 3-0. Resolution declared adopted unanimously, signed by the Chairperson, and
hereby made a portion of these minutes.
INTERGOVERNMENTAL AGREEMENT REGARDING MAPs AND GIS FUNDING:
Moved by Mahayni, seconded by Clinton, to adopt an amendment to the Intergovernmental
Agreement regarding MAPs and GIS funding.
City Assessor Greg Lynch advised that the proposed 28E Agreement had been forwarded by the
City Attorney to the Story County Attorney’s Office for review. Mr. Lynch said it was his
understanding that the County had not had enough time to review the proposed Agreement.
Story County Supervisor Clinton commented that the Board of Supervisors and the County
Assessor had reviewed the proposed Agreement. The substance of it did not seem to be a major
issue, but a couple clarifications needed to be made. According to Mr. Clinton, the County
Attorney still needed to review the changes. It was his belief that the Agreement needed to be
executed by July 1, 2011, and it was now in the hands of the two attorneys.
Chairperson Campbell pointed out that if the amendment to the Agreement could not be
approved at this meeting, a special meeting would be required. Supervisor Clinton suggested that
the meeting be held via a telephone conference.
City Attorney Doug Marek advised that if either Conference Board wanted to terminate the
Agreement, it would give 90 days’ notice. However, the Agreement may be amended at any
time by mutual consent.
Moved by Mahayni, seconded by Clinton, to table the item.
Vote on Motion: 3-0. Motion declared carried unanimously.
PUBLIC HEARING ON PROPOSED FY 2011/12 BUDGET FOR AMES CITY ASSESSOR’S
OFFICE: Chairperson Campbell declared the hearing open. There being no one wishing to speak,
the hearing was closed.
Moved by Goodman, seconded by Todey, to adopt the FY 2011/12 Budget for the Ames City
Assessor’s Office.
Vote on Motion: 3-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis, seconded by Todey, to adjourn the Ames Conference Board
at 6:38 p.m.
Vote on Motion: 3-0. Motion declared carried unanimously.
REGULAR MEETING OF THE AMES CITY COUNCIL
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 6:42 pm.
on February 22, 2011, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from
the Ames City Council were Davis, Goodman, Larson, Mahayni, Orazem, and Wacha. Ex officio
Member England was also present.
Mayor Campbell announced that Items numbered 2 and 16, Presentation of Neighborhood
Improvement Program projects by the Historic Old Town Neighborhood Association and street and
parking space closures for Main Street Farmers’ Market, respectively, had been pulled from the
Agenda.
PRESENTATION BY IOWA DEPARTMENT OF INSPECTIONS AND APPEALS
REGARDING STATE CONTRACT TO CONDUCT FOOD INSPECTIONS: Rod Roberts,
Director of the Iowa Department of Inspections and Appeals (DIA), 312 E. 12th Street, Des
Moines, introduced Steven Mandernach, Iowa Department of Inspections and Appeals Bureau
Chief for Food and Consumer Safety. Mr. Roberts stated that the City of Ames has handled food
inspections in a contract relationship with the State of Iowa since 1979. The current contract was
effective September 30, 2007. Mr. Roberts noted that, at learning of the upcoming retirement
of City Sanitarian Kevin Anderson, his office reviewed the current contract and concluded that
the State would be terminating it and assuming responsibility for the food inspections within the
City of Ames. According to Mr. Roberts, he met with Sanitarian Anderson and Fire Chief Clint
Petersen two weeks ago and followed that with a formal request to make this presentation to
inform the City of the decision to terminate the contract, explain elements of the State’s
program, and state why he believes that that decision is in the best interest of the City of Ames’
taxpayers. Mr. Mandernach distributed information to the Mayor and Council describing the
DIA’s coverage area and inspection frequency.
Mr. Mandernach said that the DIA believes this is a good time to make the transition from Ames
having a City Sanitarian to the State conducting the food inspections program for the following
reasons: (1) With the retirement of a single person conducting the food inspections, it was
inevitable that the DIA would look at the program. (2) The State is well-positioned to
incorporate Ames into its inspection system. Ames would be an “island” in a cluster of counties
that is not part of the State’s program. (3) Two of the 15 current inspectors live within the city
limits of Ames and a third lives in Story County. According to Mr. Mandernach, the State can
easily handle the volume of Ames’ inspections, emergencies, temporary events, and “off-
hours sorts of events.” He said that there are five inspectors who are within an hour’s
drive of Ames.
According to Mr. Mandernach, the state approaches inspections a little bit differently than the
City does. He said that the “Food Code” allows for two different inspection schedules: (1) twice
2
a year or (2) less frequently based upon a risk-based assessment schedule. Mr. Mandernach
advised that the State, on April 1, 2011, would be moving to a risk-based system. The risk-based
system looks at three tiers: the highest tier gets two inspections/year, the middle tier is inspected
once/year, and the low-risk tier is inspected once every two years. According to Mr.
Mandernach, the State is currently on a one-year cycle with 95% of the inspections being
completed within one year. It does vary somewhat, as “they don’t always get done.” The new
system will focus on the high-risk system. Mr. Mandernach defined “high risk place” as a full-
service restaurant doing a lot of different processes or an assisted-living facility that does its own
food preparation. Fast-food restaurants would fall into the second tier. According to Mr.
Mandernach, McDonald’s and that type of restaurant have processes in place “that make it very
difficult to do much wrong.” They also have very limited preparation. Bars or establishments
with very low food service are in the low-risk tier.
Mr. Mandernach noted that, on June 1, 2010, 14 counties were transitioned into the State’s
system. Involved restaurants and other establishments have indicated that it is working quite
well. He noted a concern of Chief Petersen that the DIA work with City departments to
coordinate efforts on such things as plan reviews. Per Mr. Mandernach, the State has done that
in other areas and is willing to do that in Ames. The City of Ames will be assigned an inspector
that probably has the City of Ames and Story County and will be very easily able to cover any
situations that arise. In the case of a disaster, the State has 15 persons who are trained in food
safety and they go to wherever the disaster has occurred.
Per Mr. Mandernach, the State’s standard is to inspect all temporary events with four or more
vendors. The State inspects ongoing events with fewer than four vendors periodically.
According to Mr. Mandernach, the State has ample resources to handle the number of events in
Ames.
Council Member Larson asked, rather than eliminating an island, why the State would want to
take Ames, especially since the City has been subsidizing the program for years. Mr.
Mandernach stated that, in reality, it helps maintain the State’s program for all the other 38
counties. The resources work well together, and it will benefit the whole program and maximize
its efficiency levels.
Council Member Orazem inquired as to whom pays for the state inspections. Mr. Mandernach
said that the State has a General Fund appropriation that covers part. The fees are retained by
the State for contracts that are taken back by the State. The State sets the fees and the
regulations. The City of Ames would be totally removed from the process.
At the inquiry of Council Member Orazem, Mr. Mandernach advised that the State has one
person who does plan review for all of the 38 counties.
Mr. Mandernach said that the State would like to work with the City of Ames on the transition
timing. Under the 28E Agreement, the State has to give 60 days’ notice of its intention to
terminate the contract; that has not yet been done, but it will be the State’s next step. It will
occur no later than June 30, 2011.
Mayor Campbell asked if they were at this meeting telling the City that the State was terminating
the 28E Agreement and that the City has no choice in the matter. Mr. Mandernach indicated that
was correct. He said that the Director has the authority to terminate the contract unless the City
3
could convince him otherwise; however, the Director had made the decision to terminate the
contract.
Council Member Larson asked if the City could get the contract back if the State’s level of
service was not what the City of Ames required. He noted that input is being gathered from
restaurant owners as to how they feel about the City’s level of service and the possibility of the
State taking over the program. Mr. Mandernach noted that, “absolutely,” it would be possible
to get the contract back since it has a history of a strong program; however, the Director would
be the person to make that decision. Mr. Larson expressed his concern that the Sstate’s level of
service would be lower, especially if there were cuts in the state budget.
Mayor Campbell noted that the email from Mr. Mandernach requested that the State be allowed
to come before the City Council to discuss how the City might be integrated into the State’s
program. Mr. Mandernach stated that the Director had made his decision after that email was
sent and within the past two weeks.
Council Member Larson pointed out that only one person -- the Director -- has the authority to
allow Ames to regain the contract. He again expressed his concern that the level of service
might go down, but Ames would be mandated to use the State to provide the service.
The Mayor again stated that the discussion underway was quite different than the one the
Council had prepared for. Mr. Roberts apologized for any perceived miscommunication. He said
that the DIA can provide the level of service that should be expected of food inspectors. The
situation, i.e., the retirement of the City Sanitarian, provides the opportunity for the State to
assume the contract. He said that he firmly believes that the State will do a good job and the
level of service will not decrease. According to Mr. Roberts, if the State did not have personnel
living in Ames, it would be a different story.
At the inquiry of Council Member Goodman, Mr. Roberts advised that no additional persons
will be hired when all the food establishments in Ames, which total over 300, are added. Council
Member Wacha noted that the workload will increase substantially; with the increased workload,
possibly the level of service will decrease. Council Member Goodman noted the pressure at the
State level to decrease costs, which signals to him that a large decrease in service could occur
as a result of this change. He voiced his concern about relinquishing control of one of Ames’
economic development tools, i.e., helping restauranteurs to be successful in this community.
Council Member Larson concurred and noted what now appears to be an inability of the City
to take the contract back in the future if the State’s level of service decreases. Mr. Roberts
indicated that was correct and was set out in Code; the authority to make that decision rests
solely with him as the Director.
Council Member Goodman also noted that Mr. Mandernach’s email portrayed the presentation
by the DIA at this meeting to be something that would lead to a discussion, not a mandate. He
would like the State to enter into an Agreement that states the DIA would be willing to discuss
the City taking back the contract if the State’s level of service was not where Ames wanted it
to be. Mr. Roberts said that there would be no formal agreement written or signed, but it would
simply be a good faith statement by him that if there are performance problems, the contract
would be revisited.
Council Member Orazem asked who inspects food service at Iowa State University. Mr.
4
Mandernach indicated that the City Sanitarian currently performs those inspections.
Chief Petersen pointed out that there is a significant difference in what is being stated at this
meeting and what he brought to the Council at budget time. He said this was the second surprise
that he had received from the DIA since that time. The first was when the DIA asked to speak
with him regarding the relationship of the City’s contract with the State. At that meeting, they
said that their intent was, indeed not that, but to deliver an ultimatum that the City relinquish its
contract to the DIA. Chief Petersen advised that he had just learned at tonight’s meeting, that a
decision had been made by the State to take Ames’ contract back. According to Chief Petersen,
when the State says there is an adequate level of service, that would be equivalent to what is
received in other parts of the state since the DIA took over that contract, but it certainly is not
the level of service that the City Sanitarian has provided in the Ames community since 1979.
According to Chief Petersen, the City of Ames has had a City Sanitarian program since the
1950s. He said that he had been hearing about risk-based restaurant inspections for many years.
Tonight, he learned that the State will be implementing that program in April 2011 based on a
category of restaurants, but not on the inspections results of the restaurant, and that restaurant
inspections may go to a duration of once every two years. Chief Petersen urged the Council to
carefully consider that effect on the Ames community and its food safety, especially since Ames
has oftentimes branded itself as being part of the Food Science and Food Service Industry.
The Council was reminded by Chief Petersen that the Sanitarian position serves multiple
purposes. Some of the services that would not be done if the City loses that position would be
inspection of garbage trucks, which prevents the dumping of hazardous wastes and materials on
streets; supervision of the mosquito-control program; working closely with the Police
Department on bar/restaurant inspection issues; and providing timely response for the Design
Review Committee. Also noted was the fact that Ames is a town of special events, which are
very frequent during the summer. The City Sanitarian inspects all food vendors at special events;
however, the DIA’s standard is that there has to be four vendors or more before an inspector
would be sent to that site. Chief Petersen noted that there are significant differences in the level
of service. He emphasized that how Ames defines adequate service in this community should
be one of local control.
Chief Petersen said that he did not agree that this was as easy as a Director’s unilateral decision
to terminate the contract. He noted the State had followed a similar approach in Cerro Gordo
County when it returned its contract and was told that it was being terminated. Cerro Gordo
County sought legislative help from its state senator, and the County was allowed to retain its
contract. Mr. Petersen said that was an option that could be considered should the Council
decide that it wanted to continue its Sanitation Program. He recommended that the Council
discuss the pros and cons and decide what it wants to do and what would be best for the citizens
of Ames.
At the question of Council Member Orazem, City Manager Schainker stated that the City
Council will have to decide who will assume responsibilities for garbage truck inspections and
mosquito control.
In terms of special events, Mr. Orazem asked if Iowa City and Cedar Falls were currently under
the State’s program. Mr. Mandernach said they were not; Iowa City is handled by Johnson
County Public Health, Cedar Rapids is done by Linn County Public Health, and Cedar Falls is
5
taken care of by Black Hawk County Public Health. Council Member Larson asked if there
were any cities larger than Ames, other than Des Moines, under the State’s program. Mr.
Mandernach said the largest cities other than the Des Moines Metro would be Newton,
Marshalltown, and Fort Dodge.
Mayor Campbell asked if the decision to terminate Ames’ contract was merely a matter of
geography, i.e., the State currently serves cities contiguous to Ames and so it is mandating Ames
to be under its program. However, it is not mandating Iowa City or others. She expressed her
confusion over the equity issue. Mr. Roberts said that it was due to State personnel living in
Ames as well. Mayor Campbell noted that those persons might move or resign from their jobs.
She expressed frustration that the State was basing its decision to terminate Ames’ 28E
Agreement in part on where its employees currently happen to live. Mr. Roberts replied that it
was a combination of many factors.
Mayor Campbell noted that it appeared as if the decision was being made for the State’s
budgetary reasons. Mr. Roberts admitted that that was a component of the decision; however,
the State believes that it will benefit the citizens of Ames. Council Member Goodman
emphasized that the Ames City Council is best fit to make the decision as to what is in the best
interest of its citizens. He noted that the fact that the City Council has been approving a subsidy
for the Sanitarian position for the past 20 years represents the value that they place on those
services.
Council Member Mahayni advised that the City Council has never hesitated to subsidize the
food inspections program since 1979. It does that because of the special circumstances that are
present in Ames in terms of the number of restaurants, number of special events, and the location
of Iowa State University. It is being done because the City Council values a higher level of
service. Mr. Mahayni expressed his dismay that the State was informing the City that it has no
choice in this matter and one of the factors is that it is for the State’s budgetary convenience.
It was asked by Council Member Mahayni if the State will ensure that Ames will continue to
have the higher level of service that it has become accustomed to over the past 32 years. Mr.
Roberts stated that the level of service provided by the State inspectors will ensure the health
and safety of the Ames citizens. Mr. Mahayni asked again, citing that different communities are
accustomed to different levels of service, but Ames values a higher level of service than other
communities do. Council Member Goodman said he believes that answer is no. Mr. Roberts
answered that the State has the staff who will provide a level of service to Ames that will get the
job done. He said he does not know how to measure the higher level of service, but the State can
do the job for the City of Ames.
Council Member Goodman noted that restaurants are inspected two times a year in Ames. He
asked if the State would provide that level of service plus inspection of all vendors at special
events. Mr. Mandernach said that the “Food Code” recognizes two types of inspections: (1) two
inspections/year or (2) risk-based inspections, and the State is going with a risk-based inspection
program.
Mayor Campbell asked why the 28E Agreements with all the other counties were not being
terminated if it was a uniform state system that they were seeking. Mr. Roberts stated that the
contracts are reviewed on a case-by-case basis. It is due to several factors that the State believes
the time is right to terminate Ames’ contract.
6
Council Member Orazem noted that Dubuque and Muscatine would also be considered “islands”
and asked if the State was terminating the 28E Agreements with those two cities. Mr. Roberts
advised that the State had made no decisions on any other contracts at this point. Mr. Orazem
asked how their cases differed from Ames. Mr. Roberts said that there were a number of factors,
but the fact that the City Sanitarian was retiring was one factor. Mr. Orazem asked if the State
had any inspectors living in the Cities of Dubuque or Muscatine. Mr. Mandernach said that an
inspector does live in Dubuque, but not in Muscatine.
Council Member Larson noted that the Council would have to approach this legislatively in
order to retain its contract. Mr. Roberts made the Council aware that on the same day that the
DIA talked to Chief Petersen, they also visited with Senator Quirmbach and Representatives
Heddens and Wessel-Kroeschell to inform them of their intentions. Council Member Goodman
asked if they were also under the false impression that this was going to be a discussion, rather
than a mandate. Mr. Roberts said that they made them aware of their intention to assume
responsibility for Ames’ inspections.
City Attorney Marek advised that the City’s current 28E Agreement allows for non-renewal of
the Agreement with a 60-day notice and termination with 60-day notice. The only difference is
that there has to be written rationale for termination. He noted that the anniversary date of the
Agreement is based on a calendar year. Mr. Marek also advised that there is no provision under
the State Code for any local authority except under a contract from the DIA; the only remedy
would be a legislative remedy.
City Manager Schainker asked the Council if it still wanted the survey done of the restaurant
owners. Council Member Goodman said the Council will be able to have a much better
conversation with legislators if Ames’ citizens care about who is doing the inspections. He
noted that the citizens have showed that they care through property taxes for the past 30 years,
but that is not a priority for the State.
Council Member Davis asked what educational materials would be provided to restaurant
owners to inform them that Ames would be going from two inspections/year to a risk-based
system. Mr. Mandernach said that restaurant owners are generally happy with the risk-based
system and don’t complain; “they are happier when the State is not there as much.” Mr. Davis
also asked how the State would handle special events. Mr. Mandernach said that any time there
are four or more vendors, the State inspects. For ongoing events, the State covers a “random
portion of the event,” rather than covering every single week.
Mayor Campbell stated that she was very disappointed in the State’s method of delivering the
news. Mr. Roberts said the State never intended to mislead the City.
Council Member Goodman acknowledged that he is a restaurant owner. He said that he firmly
believes that safe operating restaurants prefer many inspections because they respect the safety
of the community; the only restaurants that prefer fewer inspections or less regulation are those
that have issues “and want to get away with something.”
Council Member Larson said that the request to the Chamber of Commerce has radically
changed in light of the information provided at this meeting. In addition, there might be
legislative meetings that the Chamber will be asked to be involved in.
7
Council Member Mahayni wants the legislatures contacted and made aware of the issues. He
believes that the discretionary way the State decides on which programs to assume is a
discriminatory practice, without regard to the local level of authority.
Council Member Orazem noted the value of surveying the restaurant owners, i.e., to find out
what concerns they have with the change and whether there is an avenue where the City could
help mitigate those concerns. Council Member Wacha noted the benefit of gathering that
information before the legislators are approached.
City Manager Schainker noted that, due to the Council’s direction to ask the Chamber to conduct
the survey, the Chamber will only survey its member restaurants. Mayor Campbell said the City
is obligated to inform the restaurant owners that there is going to be a very drastic change.
Moved by Larson, seconded by Orazem, to direct that the City Manager continue to seek out,
through the Chamber of Commerce, a survey of its membership as it relates to this issue based
on the new information, and separately, upon receipt from the State that the contract is being
terminated, the City notify all restaurants of that information.
Vote on Motion: 6-0. Motion declared carried unanimously.
City Sanitarian Kevin Anderson recommended that open forums be held in the City Council
Chambers to inform the businesses and to allow them to provide input. He agrees that the survey
would be the first step, but after that, forums should be scheduled. Mr. Anderson stated that the
City issues approximately 300 Food Service Establishment Licenses.
Moved by Goodman, seconded by Orazem, that the City duplicate that effort and survey all 300+
restaurant licensees based on the fact that there will be such a large impact on those in the
restaurant industry.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Goodman, directing staff that, pending the analysis of the
survey to be conducted by the Chamber, restaurant owners be invited to one or more open
forums to discuss the issues.
Council Member Davis took issue with the wording, specifically, “one or more,” and asked for
more concrete direction as to how many forums would be held. Council Member Goodman
noted that it was his belief that staff would only hold as many forums as are absolutely necessary
to give people a reasonable opportunity to provide input.
Vote on Motion: 6-0. Motion declared carried unanimously.
PRESENTATION OF NEIGHBORHOOD IMPROVEMENT PROGRAM PROJECTS BY
HISTORIC OLD TOWN NEIGHBORHOOD ASSOCIATION: This item was pulled from the
Agenda.
CONSENT AGENDA: Council Member Wacha asked to pull Item #7 [Engineering Services
Agreement for 2010/11 Traffic Engineering Studies (Traffic Calming Study)] for separate
discussion. Council Member Orazem asked to pull Item #11 (Contract for Unit No. 8 Coal Mill
Parts) to be discussed separately.
8
Moved by Wacha, 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 February 8, 2011
3. Motion approving Report of Contract Change Orders for February 1-15, 2011
4. Motion approving renewal of the following beer permits, wine permits, and liquor licenses:
a. Special Class C Liquor – Angie’s Cantina, 2416 Lincoln Way
b. Class C Beer – Almost Always Open, 419 Lincoln Way
5. RESOLUTION NO. 11-058 correcting the name of subdivision pertaining to Rose Prairie Final
Plat
6. RESOLUTION NO. 11-059 approving preliminary plans and specifications for 2010/11 Arterial
Street Pavement Improvements (6th Street/Grand Avenue to Northwestern Avenue); setting
March 16, 2011, as bid due date and March 22, 2011, as date of public hearing
7. RESOLUTION NO. 11-060 approving 2010/11 Neighborhood Improvement Program grant to
Historic Old Town Neighborhood for Phase I In-Fill Planting of Street Trees
8. RESOLUTION NO. 11-062 awarding contract for Vet Met Substation Equipment
Commissioning to Electrical Reliability Services Inc., of Minneapolis, Minnesota, in the amount
of $77,759
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ENGINEERING SERVICES AGREEMENT FOR 2010/11 TRAFFIC ENGINEERING
STUDIES (TRAFFIC CALMING STUDY): Council Member Wacha said he wanted to be clear
on the deliverables after the Study. He asked if there were going to be particular areas of the
City analyzed. Public Works Director John Joiner replied that the Study would not be for any
one area in particular; it will be a community-wide review from the standpoint of applying
national standards for traffic calming. The end result will be a “toolbox” that may be applied
anywhere in Ames. Mr. Wacha specifically referenced Jewel Drive, Crescent, and the area to
the southwest, noting that the Council could revisit the concerns raised by residents for those
areas once the City has that “toolbox.” Mr. Joiner explained that the situational information for
different areas would be input into the “toolbox” and a recommended set of traffic-calming
measures would be recommended that could be applied for those specific situations. There will
be public input sessions held by the consultants as the “toolbox” is being developed; the
“toolbox” will be tailored specifically to Ames.
Moved by Wacha, seconded by Mahayni, to adopt RESOLUTION NO. 11-057 approving the
Engineering Services Agreement with HR Green of Johnston, Iowa, for the 2010/11 Traffic
Engineering Studies (Traffic Calming Study) in an amount not to exceed $50,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
POWER PLANT UNIT NO. 8 COAL MILL PARTS: Council Member Orazem said it appeared
to him that there was only one producer of parts for Unit No 8. He asked if it was the City’s
intention to build up an inventory of those parts. Electric Services Director Donald Kom said the
majority of the parts will be used as soon as the mills are rebuilt. He recalled that, last year, the
City went out for bids for some of the parts. Two bids were received; one bid was deemed
unresponsive and the other came from the original manufacturer (Babcock & Wilcox). Mr. Kom
again noted that the majority of the parts will be used this year, and the few remaining will be
placed in stock. Mr. Orazem noted his concern that Babcock & Wilcox might stop producing the
9
parts. According to Mr. Kom, Babcock & Wilcox is a well-known company that has been
manufacturing the parts since power plants have been in existence, and he does not see them
getting out of that business. Mr. Orazem asked if the parts are unique to Ames’ equipment. Mr.
Kom said that other international bidders can make the parts, but the quality may be inadequate.
He did not believe it would be fiscally responsible to stock the parts needed for the next 20
years. Mr. Orazem also inquired if the City had an agreement with Babcock & Wilcox that
would give the City the rights to the specifications if the company should quit making the parts.
Mr. Kom said that would be difficult to get; the City could get the parts elsewhere, but at a lesser
quality.
Moved by Orazem, seconded by Wacha, to adopt RESOLUTION NO. 11-061 awarding a
contract to Babcock & Wilcox of Barberton, Ohio, in the amount of $239,006.98 for Power Plant
Unit No. 8 Coal Mill Parts.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: Ryan Jeffrey, 234 Partridge Circle, Ames, expressed his agreement with
Council Member Goodman’s response to the DIA. He said he would be extremely nervous about
the City giving up control of the City Sanitarian duties. Mr. Jeffrey strongly encouraged the City
Council to consider its legislative options.
Mr. Jeffrey said he wanted to give the Council a sense of the feeling that some Ames businesses
have with regards to the way the Campustown redevelopment plan is going. He said that he had
been hearing about it for some time, but recently read an article in the Des Moines Register that
appeared last weekend that raised his concerns. According to Mr. Jeffrey, the owner of Mayhem
Collectibles had been interviewed. Mayhem’s owner, Rob, had stated that some Campustown
property owners have not been informed, not been talked to, and not been consulted during the
process. They have gotten requests to purchase their buildings, however. Comments threatening
to use eminent domain have created an adversarial relationship with the owners. Mr. Jeffrey
quoted comments by the developer (Lane 4) that called “tattoo parlors, piercing shops, and late-
night noise” as undesirable businesses and stating that “the City wanted blight removed related
to that.” Mr. Jeffrey said that he did not believe it was the business of the City Council to be
making the decision as to what an undesirable business is in Campustown. He pointed out that
it is a campustown area; there are students there and there will be places that appeal only to
students. Those businesses are often locally owned, and it is not within the City Council’s
purview to make moral judgments as to what type of businesses are located in the City. Mr.
Jeffrey asked for public forums. He agreed that some Campustown renovation would benefit the
area, but more community input needed to occur.
No one else came forward to speak, and the Mayor closed Public Forum.
NEW CLASS C BEER & B NATIVE WINE PERMIT FOR CASEY’S STORE #2905: Moved
by Mahayni, seconded by Goodman, to approve a new Class C Beer & B Native Wine Permit for
Casey’s Store #2905, 3612 Stange Road.
Vote on Motion: 6-0. Motion declared carried unanimously.
NEW 5-DAY CLASS C LIQUOR LICENSE FOR OLDE MAIN BREWING CO., AT
REIMAN GARDENS: Moved by Mahayni, seconded by Davis, to approve a new 5-Day Class C
Liquor License for Olde Main Brewing Co., at Reiman Gardens, 1407 University Boulevard.
10
Vote on Motion: 6-0. Motion declared carried unanimously.
ENCROACHMENT PERMIT FOR SIGN AT 2320 LINCOLN WAY: Moved by Goodman,
seconded by Wacha, to approve an Encroachment Permit for a sign at 2320 Lincoln Way.
Vote on Motion: 6-0. Motion declared carried unanimously.
MAIN STREET FARMERS’ MARKET: This item was pulled from the Agenda.
2126 STATE AVENUE: Public Works Director John Joiner noted that the City Council had
referred a letter to staff from Xenia Rural Water District regarding water service to 2126 State
Avenue. The property is in an unincorporated Story County on the east side of State Avenue. The
request, first made to Xenia Rural Water, was denied by its Board of Directors because service
could not reasonably be extended to the property in an efficient and cost-effective manner. Due
to the existence of a City water main near the property, Xenia released the property to the City of
Ames for the purpose of providing water service.
Mr. Joiner noted that it has been the long-standing policy of the City of Ames to only provide
municipal services to properties that have been incorporated into the City limits. The Ames
Municipal Code was modified in 2009 to establish procedures to temporarily provide water service
to rural customers until they are incorporated into the City limits.
After being questioned by Council Member Goodman, Director Joiner advised that all hook-up
costs would be borne by the property owner, e.g., the tapping fee ($18/frontage footage) and all
associated plumbing permits.
Mr. Joiner noted the stipulation recommended by staff that no further division of the lot be allowed
was to not facilitate further subdivision in the County for properties with City services. He showed
a map of the area in question in relation to the city limits, noting that the properties along Meadow
Glen are located in the County.
Council Member Larson pointed out that the reason the property known as Wiley/Blackwell Press
is not included even though it is a peninsula and willing to be annexed is because of the cost to the
City of getting sanitary sewer there. He asked if there had been any study done to determine what
that cost would be. Mr. Joiner advised that would be the north phase of the Worle Creek Sanitary
Sewer, so 18" sanitary would have to be brought from the Dartmoor Road area along State
Avenue. City Manager Schainker noted that it would be costly. Mayor Campbell noted that this
was the first time that the owners of Wiley/Blackwell Press had expressed interest in being
annexed.
Council Member Wacha wanted it noted that the 2126 State Avenue request is a very unique case
given the special circumstances that exist. He advised that he is willing to make an exception in
this case, but does not want it to set a precedent. Mr. Schainker said that this situation is unusual
in that the water line does exist by the property.
Council Member Larson believes that if this is approved, other requests will be made. He indicated
that he would be more comfortable approving this request if it appeared that the properties in the
area around Meadow Glen were moving toward annexation. Council Member Goodman said that
annexation is one of the tools that the City uses to encourage land owners to be annexed into the
City and become Ames property taxpayers who pay for services; it should not reward perimeter
11
development. He feels that it will be difficult to deny service to others in similar circumstances
in the future. Mr. Goodman stated his preference to wait until the property next to the one in
question annexes and then 2126 State Street could also be annexed.
Moved by Wacha, seconded by Mahayni, to adopt RESOLUTION NO. 11-063 approving the
request to provide water service to 2126 State Avenue with the following two requirements
recorded with the property deed: (1) that the owner agree to voluntarily annex into the City either
when the property becomes contiguous or at a later date at the discretion of the City Council, and
(2) that no further division of the lot or construction of additional homes be allowed on the
property.
Roll Call Vote: 4-2. Voting aye: Larson, Mahayni, Orazem, Wacha. Voting nay: Davis, Goodman.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
HEARING ON INTERMODAL FACILITY (CONTINUED FROM FEBRUARY 8, 2011):
Mayor Campbell continued the public hearing. There being no one wishing to speak, the hearing
was closed.
Moved by Mahayni, seconded by Goodman, to adopt RESOLUTION NO. 11-064 approving the
Operations Agreement with Iowa State University.
City Manager Schainker advised that, prior to authorizing construction of the new Intermodal
Facility, it was important that an agreement be finalized that outlines the responsibilities for
operating the new facility. It was ultimately determined that Iowa State University (ISU) would
be the most appropriate operator of the new facility. According to City Manager Schainker, the
Federal Transit Administration (FTA) is requiring that the applicant for the TIGER Grant, i.e., the
Ames Transit Agency, be named as the contracting authority with the University, even though
Ames Transit is an agency of the City.
Mr. Schainker advised that the University will assume all responsibilities for operating the facility.
He emphasized that the daily operational decisions will be made by the Manager of the Parking
Division of the Department of Public Safety, policy direction and management decisions will be
made by the City Manager and the ISU Vice-President for Business and Finance.
According to Mr. Schainker, all revenues and expenses related to the operation of the Intermodal
Facility will be handled by the University and reflected in a separate University fund. None of the
financing for the operating revenues or expenses will be shown on the City’s accounting system.
The University will provide a recommended budget to the City Manager by January 1 for the next
fiscal year. Mr. Schainker again emphasized that, while the intent of the parties is to ensure that
revenues equal expenditures, there is a possibility that revenues may not be sufficient to cover
operational and capital improvement expenditures. If that occurs, the University and the City will
share equally in the subsidies necessary to maintain a positive balance.
Council Member Davis noted that “University” is misspelled in the first paragraph of Article IV.
City Manager Schainker said that would be corrected.
City Manager Schainker advised that the Council will receive periodic updates on the Facility’s
revenues and expenditures.
12
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Pertaining to the construction contract for the Facility, Transit Director Sheri Kyras advised that
six bids were received. Staff from CyRide and the University have been addressing the following
two issues related to a bid award:
1. There was a question regarding the federally mandated Disadvantaged Business Enterprise
(DBE) participation on this project. The issues raised have now been resolved.
2. Bid Alternates. There were three alternates included in the construction bid documents - two
add alternates (one for the additional deck and one for the bike path extension) and one was
a deduct alternate for a different foundation system. At this time, staff is not recommending
moving forward with either add alternate. The bids came in at $7,187,000. The construction
budget is $7,204.210. Both alternates are significantly more than that; however, the bike path
extension through the ISU Arboretum to State Street will be revisited after it is known how
the construction is going. In discussing Alternate 3 (the deduct), the architectural firm
indicated that they are comfortable with that as a good foundation system; it will be good for
the Facility, and it is being recommended that the deduct be accepted.
Moved by Orazem, seconded by Wacha, to adopt RESOLUTION NO. 11-065 approving final
plans and specifications and awarding a contract to Weitz Company of Des Moines, Iowa, in the
amount of $7,115,000 (which reflects the deduct Alternate 3).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON ISSUANCE OF $6,640,000 ESSENTIAL CORPORATE PURPOSE
GENERAL OBLIGATION BONDS AND HEARING ON ISSUANCE OF $310,000
GENERAL CORPORATE PURPOSE GENERAL OBLIGATION BONDS: Mayor Campbell
opened the public hearings. No one wished to speak to either issue, and the hearings were closed.
Moved by Goodman, seconded by Mahayni, to adopt RESOLUTION NO. 11-066 approving
issuance of $6,640,000 Essential Corporate Purpose General Obligation Bonds and associated tax
levy for debt service and approving issuance of $310,000 General Corporate Purpose General
Obligation Bonds and associated tax levy for debt service.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ELECTRIC SERVICES COST OF SERVICE STUDY AND ELECTRIC RATE DESIGN
STUDY: City Manager Schainker noted that, under the City’s Purchasing Policies, since the cost
of the Study is less than $50,000, it does not require approval by the Council. However, due to
the
importance of this Study, staff wanted to provide an update regarding the scope and schedule of
it.
Moved by Larson, seconded by Goodman, authorizing the City Manager to negotiate and enter
into a contract with SAIC Energy, Environmental & Infrastructure LLC of St. Paul, Minnesota.
Vote on Motion: 6-0. Motion declared carried unanimously.
13
CITY HALL HEAT PUMP REPLACEMENT PROJECT: Assistant City Manager Bob Kindred
advised that staff from the U. S. Department of Energy recently informed City staff that Congress
is considering rescinding EECBG funding that has not been obligated by grantees. The largest
portion of the City’s EECBG grant will not become obligated until the HVAC construction bid
is awarded. A public hearing was previously set for April 12, 2011; however, this project needs
to be expedited. Mr. Kindred noted that on March 1, 2011, the Council will be asked to rescind
that hearing date and set the hearing date for March 8, 2011, which will be a Special Meeting of
the City Council.
Moved by Orazem, seconded by Wacha, to accept the report of bids.
Vote on Motion: 6-0. Motion declared carried unanimously.
PUBLIC SAFETY INFORMATION MANAGEMENT SYSTEM: Police Chief Chuck Cychosz
advised that in early 2008, the current software vendor announced that it would discontinue
support of its CAD6 product. That decision was due, in part, to their purchase of a competing
software company (OSSI). An RFP was issued by the City of Ames after review by the purchasing
departments of each of the other agencies: Story County and Iowa State University. As a result of
the process, SunGard Public Sector, Inc., and its OSSI product were selected as the recommended
vendor. The new program will include all of the capabilities of the existing software. The funding
sources were reviewed by Chief Cychosz.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 11-068 approving contracts
with SunGard for the purchase of the Public Sector information management system.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Davis, seconded by Wacha, to adopt RESOLUTION NO. 11-069 approving the Cost-
Sharing Agreement among City, Story County, Iowa State University, and 9-1-1 Board..
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CONTINUATION OF OUTSIDE CONSULTING SERVICES FOR WATER POLLUTION
CONTROL PLANT NPDES PERMIT APPEAL: Council Member Orazem asked for a list of
deliverables from Hall & Associates to be provided to the City Council. John Dunn, Director of
Water and Pollution Control, stated that would be done. He explained that staff has a meeting set
with the Department of Natural Resources (DNR) for the first week in March to see if they can
arrive at a resolution to some of the points of contention; that will determine how much more
effort is needed. Originally, a hearing before the Administrative Law Judge was scheduled for
early January; however the DNR requested to have that continued until the end of March. There
remains a considerable amount of review of discovery materials to be done, which is part of what
Hall & Associates is providing.
Council Member Wacha noted that it is frustrating to spend thousands of dollars on a consultant;
however, tens of millions is conceivably at stake if the City loses the appeal.
Moved by Mahayni, seconded by Orazem, to adopt RESOLUTION NO. 11-070 authorizing an
additional $30,000 to be paid to Hall & Associates for continuation of serices in connection with
the NPDES Permit appeal.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
14
ORDINANCE VACATING FORMER SUMNER AVENUE RIGHT-OF-WAY AND ALLEY
RIGHT-OF-WAY IN KINGSBURY’S ADDITION: Moved by Mahayni, seconded by Davis, to
pass on second reading an ordinance vacating the former Sumner Avenue right-of-way and alley
right-of-way in Kingsbury’s Addition.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY AT 712 SOUTH 16TH STREET: Moved by Goodman,
seconded by Mahayni, to pass on second reading an ordinance rezoning property at 712 South 16th
Street from Highway-Oriented Commercial (HOC) to Residential High Density (RH).
Roll Call Vote: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Larson, seconded by Goodman, to refer to staff for a report on what can
be televised on Channel 12 in order to address the request of Central Iowa Symphony to videotape
and air their concerts on Channel 12.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Larson, seconded by Goodman, to refer to staff the letter from Chuck Winkleblack
dated February 18, 2011, regarding a text amendment to the village regulations to allow a small
animal veterinary clinic in Somerset.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Davis to adjourn the meeting at 8:53 p.m.
_________________________________ ____________________________________
Diane Voss, City Clerk Ann H. Campbell, Mayor
15