HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 06/24/2008MINUTES OF THE REGULAR MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JUNE 24, 2008
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 7:00 p.m. on
June 24, 2008, in the City Council Chambers in City Hall, 515 Clark Avenue. Present from the Ames
City Council were Doll, Goodman, Larson, Mahayni, Popken, and Rice. Ex officio Member Beals was
absent.
Mayor Campbell announced that the City Council would be working off an amended Agenda. She
detailed the changes.
RECOGNITION OF COMMUNITY FLOOD RESPONSE EFFORTS: Mayor Campbell advised
that it would be nearly impossible to recognize everyone who provided assistance between May 30
and June 12, 2008, when the City was operating at a high state of alert due to flooding. The Mayor
gave special recognition to Kalen Petersen, Director of RSVP, and Betty Bocella, Volunteer
Coordinator for the RSVP Disaster Management Program. Mayor Campbell said that more than 125
volunteers assisted with sandbagging efforts.
The Mayor also gave special thanks to the following businesses that assisted in a variety of ways:
HyVee at Lincoln Center, Lowe’s, Decker’s Trucking of Fort Dodge, Nevada Fire Department,
Panera Bread, Hallett’s Quarry, Manatt’s, Star Equipment, Iowa State University Residence Hall
System, Iowa State University Department of Public Safety, and Mary Greeley Medical Center.
In addition, Mayor Campbell gave special recognition to City staff members and other Ames
citizens, many of whom continue to volunteer in tornado- and flood-impacted parts of Iowa.
CONSENT AGENDA: Moved by Mahayni, seconded by Goodman, to approve the following items
on the Consent Agenda:
1.Motion approving payment of claims
2.Motion approving minutes of the regular meeting of June 10, 2008
3.Motion accepting Report of Contract Change Orders for June 1-15, 2008
4.Motion approving renewal of the following beer permits and liquor licenses:
a.Special Class C Liquor - Hickory Park, Inc., 1404 S. Duff Avenue
5.Motion authorizing Mayor to sign Certificate of Consistency with City’s 2004/09 CDBG
Consolidated Plan on behalf of non-profit organizations receiving Emergency Shelter Grant (ESG)
funds from state grantees
6.RESOLUTION NO. 08-254 approving appointment of Council Member Goodman to AEDC Board
of Directors
7.RESOLUTION NO. 08-255 approving the 2008/09 Pay Plan
8.RESOLUTION NO. 08-256 Human Services Contracts for FY 2008/09
9.RESOLUTION NO. 08-257 approving funding agreement with Ames Historical Society
10.RESOLUTION NO. 08-258 approving revision to Human Services Contract with Mid-Iowa
Community Action (MICA) reallocating funds from Family Development program to Food Pantry
program
11.RESOLUTION NO. 08-259 approving CyRide Contract extension with Heartland Senior Services
to provide Dial-A-Ride Services
12.RESOLUTION NO. 08-260 waiving enforcement of Municipal Code Section 19.9 to allow Moose
Lodge members to provide golf cart rides to mobility-impaired individuals on September 7
13.RESOLUTION NO. 08-261 approving request of Main Street Cultural District for closure of
Parking Lot Q for use as volunteer parking for 4th of July festival
14.RESOLUTION NO. 08-262 approving preliminary plans and specifications for 2005/06 Arterial
Street Pavement Improvements - 24th Street (Stange Road to UPRR) and Stange Road (24th Street
to Blankenberg Road); setting July 10, 2008, as bid due date and July 15, 2008, as date of public
hearing
15.RESOLUTION NO. 08-263 accepting proposal from FM Global for renewal of property coverage
and boiler and machinery coverage during FY 2008/09 in the amount of $422,552
16.RESOLUTION NO. 08-264 waiving formal bidding procedures and authorizing purchase of
software maintenance for Joint Public Safety Network from Sungard Public Sector in an estimated
amount of $52,207.00
17.RESOLUTION NO. 08-265 waiving formal bidding procedures and authorizing purchase of
software maintenance for FY 2008/09 from Sungard Public Sector in an estimated amount of
$83,510.00\
18.RESOLUTION NO. 08-266 awarding contract for Power Plant Dump Grates to Detroit Stoker
Company of Monroe, Michigan, in the amount of $187,828.10
19.Rehabilitation of Wells:
a.RESOLUTION NO. 08-267 awarding second-year contract to Northway Well and Pump
Company of Marion, Iowa, in the amount of $66,130 for rehabilitation of five wells in FY 2008-
09
b.RESOLUTION NO. 08-268 approving Change Order to Agreement with Northway Well and
Pump Company of Marion, Iowa, regarding reimbursement for actual cost of steel replacement
materials
20.RESOLUTION NO. 08-269 approving renewal of contract for Power Plant Chemical Treatment
Program with G.E. Water and Process Technologies of Urbandale, Iowa, in an amount not to exceed
$290,000, based on time and materials
21.RESOLUTION NO. 08-270 approving renewal of contract for Power Plant Valve Maintenance with
Ferguson Process Services of Cannon Falls, Minnesota, in an amount not to exceed $90,000
22.RESOLUTION NO. 08-271 approving renewal of contract for 2008/09 Line Clearance Program
with Asplundh Tree Expert Company of Fairfax, Iowa, in an amount not to exceed $259,300
23.RESOLUTION NO. 08-272 approving contract and bond for 2005/06 Annual Residential Low Point
Drainage Improvements (Sheldon Avenue from Lincoln Way to West Street)
24.RESOLUTION NO. 08-273 approving contract and bond for 13th Street Water Main Project
(Crescent Street to Furman Aquatic Center)
25.RESOLUTION NO. 08-274 approving contract and bond for Power Plant Boiler Maintenance and
Repair Services
26.RESOLUTION NO. 08-275 approving Change Order No. 2 in the amount of $160,000 for Power
Plant Boiler Maintenance contract with Plibrico Company, LLC, for FY 2007/08
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
CLASS B BEER PERMIT FOR KING BUFFET: Moved by Goodman, seconded by Popken, to
approve a new Class B Beer Permit for King Buffet, 1311 Buckeye Avenue, Ste. B.
Vote on Motion: 6-0. Motion declared carried unanimously.
OUTDOOR SERVICE AREA FOR SCHEMAN BUILDING: Moved by Mahayni, seconded by
Goodman, to approve a new Outdoor Service Area for SMG at the Scheman Building, Iowa State
Center, effective June 25, 2008.
Mark North, General Manager of the Iowa State Center, explained that the requests are due to
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management changes occurring at the Center that will become effective July 1, 2008.
Vote on Motion: 6-0. Motion declared carried unanimously.
OUTDOOR SERVICE AREA FOR HILTON COLISEUM: Moved by Rice, seconded by Mahayni,
to approve the revised perimeter of SMG’s Outdoor Service Area at Hilton Coliseum, Iowa State
Center, effective June 25, 2008.
Vote on Motion: 6-0. Motion declared carried unanimously.
CLASS C LIQUOR LICENSE AND OUTDOOR SERVICE PRIVILEGE FOR CENTERPLATE
AT HILTON COLISEUM: Moved by Goodman, seconded by Popken, to approve the new Class C
Liquor License and Outdoor Service Privilege for Centerplate at Hilton Coliseum, Iowa State
Center, effective July 1, 2008.
Mark Pevan, Vice-President of Centerplate, advised that Centerplate currently manages Jack Trice
Stadium and will be taking over Hilton Coliseum effective July 1, 2008.
Vote on Motion: 6-0. Motion declared carried unanimously.
FIREWORKS PERMIT FOR STEWART-COOKE WEDDING ON JULY 12, 2008: Moved by
Doll, seconded by Mahayni, to approve the fireworks permit for display in celebration of the
Stewart-Cooke wedding at 9:45 p.m. on July 12, 2008, on the grounds of the Gateway Hotel and
Conference Center.
Vote on Motion: 6-0. Motion declared carried unanimously.
REQUEST OF AMES RAGBRAI COMMITTEE FOR CAMPGROUND SPONSOR: Moved by
Mahayni, seconded by Doll, to adopt RESOLUTION NO. 08-276 approving the request from Ames
RAGBRAI Committee for the City to be a campground sponsor in the amount of $10,000.
Council Member Goodman asked staff to explain this request. City Manager Steve Schainker
recalled that when the City Council supported an increase in the Hotel/Motel Tax from 5 to 7 cents,
there was an understanding that the Ames Convention & Visitors Bureau would be responsible for
funding requests for certain events. The City has since shifted the funding responsibility to the
ACVB for such ongoing events as the Iowa Games, Iowa Special Olympics, and 4th of July
Fireworks. However, because of the magnitude and infrequency of this event, it takes a commitment
above and beyond what is the normal process. It is estimated that it will cost approximately
$200,000 to host RAGBRAI in Ames, and many entities have been asked to contribute additional
funding to help defray expenses associated with the event. Because of the unusual nature and
magnitude of this event, City staff is recommending that additional funding be approved.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CLOSURE OF SOUTH 4TH TO FACILITATE 4TH OF JULY FIREWORKS: Mayor Campbell
announced that this item had been pulled by staff.
NORTHRIDGE HEIGHTS SUBDIVISION, 12TH ADDITION: Planning and Housing Director Steve
Osguthorpe advised that all conditions of the Preliminary Plat for this Subdivision had been satisfied
with the exception of Stipulation #3, which specified that all off-site public improvements would
be installed at the time of Final Plat approval. Deferral of those improvements could be approved
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subject to a signed subsequent Developer’s Agreement and the filing of a Letter of Credit in such
an amount that would cover the costs of the off-site public improvements.
Moved by Mahayni, seconded by Doll, to adopt RESOLUTION NO. 08-277 approving a
Developer’s Agreement for Off-Site Improvements relating to Bloomington Road expansion to
allow a Letter of Credit to be filed as security for completion of said off-site improvements.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded Larson, to pass on third reading and adopt ORDINANCE NO. 3958
rezoning property generally located at the intersection of Stange Road and Bloomington Road from
Suburban Residential Medium Density (FS-RM) to Convenience Commercial Node (CVCN).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Mahayni, seconded by Popken, to pass on third reading and adopt ORDINANCE NO.
3959 rezoning property generally located at the intersection of Stange Road and Bloomington Road
from Suburban Residential Low Density (FS-RL) to Suburban Residential Medium Density (FS-
RM).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
Moved by Goodman, seconded by Larson, to adopt RESOLUTION NO. 08-278 approving the
Major Final Plat for Northridge Heights Subdivision, 12th Addition, with the stipulation that the off-
site improvements be installed prior to the issuance of a Certificate of Occupancy for any building
within the Plat.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PRELIMINARY PLAT FOR H & B SUBDIVISION, 2ND ADDITION: Director Steve Osguthorpe
explained that the 2nd Addition of H & B Subdivision is proposed as a replat of Lots 1 and 2 of H
& B Subdivision and an unplatted parcel of land adjacent to the southwest boundary of Lot 2 and
Parcel E. It encompasses a 6.22-acre site and is zoned Industrial. The new subdivision will entail
no public improvements. The requirement for a sidewalk on one side of the street has been satisfied
because there is a multi-use path located across the street from this proposed Subdivision on the
south side of East Lincoln Way.
Moved by Popken, seconded by Goodman, to adopt RESOLUTION NO. 08-279 approving the
Preliminary Plat for H & B Subdivision, 2nd Addition, with two stipulations, as follows:
1.Prior to Final Plat approval, existing easements will be vacated and replaced with easements
that are part of the Preliminary Plat.
2.Prior to Final Plat approval, the easement across Proposed Lot 4 pertaining to parking for
Proposed Lot 3 will be more fully described on the Final Plat or on a separate easement
document recorded with the Final Plat stating that the parking easement allows parking on
Lot 4 exclusively for use by Lot 3.
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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3503 LINCOLN WAY: Director Osguthorpe reminded the City Council that it had referred, on
June 10, 2008, the request of Chuck Winkleblack regarding the potential redevelopment of the property
addressed as 3503 Lincoln Way. It was being requested that City staff assess whether that property
qualified in its pre-redevelopment condition under the required criteria for a Commercial Urban
Revitalization Area. Mr. Osguthorpe further explained that, under the URA Commercial Criteria
matrix, a property must meet one of several required criteria and one of several optional criteria. The
owner is currently clearing the mobile homes from the property, and the developer is concerned that,
although the property, in its current condition, meets the required criteria, once it is cleaned up, will no
longer meet the qualifications. Mr. Osguthorpe reiterated that the proposed project also must meet one
of the optional criteria of the Matrix; however, the City Council is not being asked to take any action
on that at this time.
Council Member Goodman asked for clarification as to the criteria regarding vacant properties. He
reads the criteria as applying to any building removed; he views the wording as being very general.
Director Osguthorpe said that if the building that was removed was nonconforming, it would meet
the first threshold.. Mr. Goodman pointed out that “nonconforming” is not listed in the first phrase;
it is not listed until the second phrase. According to Mr. Osguthorpe, one of the required criteria is
that the building be nonconforming with respect to the base zone. The additional criteria would be
that the property is vacant where the previous development had been removed. Mr. Goodman
surmised then that any property on which the main building had been razed could qualify as being
underutilized. City Manager Schainker confirmed that was correct. He said that the protection is
that the matrix is just a guideline to assist the City Council in making a decision; the City Council
is not bound by the matrix.
Mr. Goodman expressed his belief that the “vacant” criteria under the utilization category in the
matrix was removed when discussion about abatement for the former McDonald’s property in
Campustown was being requested. Mr. Schainker recalled that the criterion pertaining to the
underutilization category was removed for commercial abatements as they pertained only to
apartments. Council Member Goodman asked for a reminder of what action had been taken by the
City Council concerning “vacant” criteria. He does not believe that the “vacant” criteria was
removed as part of the underutilized category in the commercial matrix. Mr. Goodman asked for
clarification on whether any property along Lincoln Way in the HOC zone where a building had
been razed would meet the criteria. Council Member Larson pointed out that this is a two-step
process; all that is being stated now is that the property in question qualifies for tax abatement. The
City Council would still have to grant the final approval. Mr. Goodman said that he then questions
how valuable the criteria are. He again asked what action was taken by the City Council with
respect to criteria for the underutilized category and how did that affect the abatement programs.
Mr. Schainker pointed out that the matrix for this property was exclusive of the Downtown and
Campustown Areas. Staff will research the history to clarify this issue.
Council Member Popken asked what assistance would be provided by the City for relocating the
residents of 3503 Lincoln Way. Chuck Winkleblack said that the potential purchasers have an
agreement with the seller that all leases will be terminated before possession of the property is
transferred. It is his understanding that there are 17 total units. In some instances, due to the
condition of the trailers, it is not possible for them to be moved. According to Mr. Winkleblack, by
law, 60 days’ notice is required to be given to the residents of the trailer park.
Stewart Jackson, now a resident of Crestview Trailer Park, explained that he was a resident of 3503
Lincoln Way for ten years. He has been communicating what the situation is to as many of the
present residents as he can; there are some language barriers. Mr. Jackson concurred that many of
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the trailers are not movable.
Moved by Mahayni, seconded by Larson, to adopt RESOLUTION NO. 08-280 approving
3503 Lincoln Way as meeting the underutilized criteria of Urban Revitalization Area Commercial
program matrix.
Roll Call Vote: 4-2. Voting aye: Doll, Larson, Mahayni, Rice. Voting nay: Goodman, Popken.
Resolution declared adopted, signed by the Mayor, and hereby made a portion of these minutes.
ANALYSIS OF IMPEDIMENTS TO FAIR HOUSING CHOICE STUDY: Vanessa Baker-Latimer,
Housing Coordinator, explained that, as part of the requirements of the Community Development
Block Grant (CDBG) program, Entitlement Communities are required to conduct an Analysis of
Impediments to Fair Housing Study at least once during their Consolidated Plan period. The
purpose of the Analysis is to identify the barriers to fair housing within the community. The results
are then used to create a working document for how the barriers can be addressed and/or eliminated.
According to Ms. Baker-Latimer, the City requested proposals from qualified consultants to conduct
the Study. After receiving two responses, the City entered into an agreement with Hanna: Kellan
& Associates of Lincoln, Nebraska, at a cost of $18,000.
A summary of the Study was presented by Ms. Baker-Latimer. A Fair Housing Choice Survey had
been prepared and mailed to Section 8 rental assistance clients and residents of other affordable
housing programs in Ames. A total of 247 citizens voluntarily participated in the Survey. The
Survey was also distributed to a group of social services and non-profit housing providers in Ames.
Thirty-eight housing providers and producers voluntarily participated. The research process also
included Community Listening Sessions where the public was invited to voice opinions regarding
any barriers to fair housing choice in Ames. The results of these research activities revealed that
the City of Ames has few, if any, serious impediments to fair housing choice. The City is doing well
in providing affordable housing and protecting the rights of persons and families of low to moderate
incomes.
Council Member Popken asked if the City were involved in any complaints. He pointed out that the
Study stated that no housing discrimination or civil rights complaints had been litigated in the City
of Ames, but it also showed that 17 of the 247 respondents to the Fair Housing Choice Survey
reported that they had experienced housing discrimination and four of those 17 had filed a
complaint. Ms. Baker-Latimer replied that none of the complaints were filed with the City, so the
particulars of the complaints are not known. She said that if complaints were filed with the City,
the City’s Human Relations Commission would investigate. It is her understanding the Human
Relations Commission also sends out people to test the market to see if discrimination is occurring.
Moved by Doll, seconded by Mahayni, to accept receipt of the Analysis of Impediments to Fair
Housing Choice Study in connection with the City’s CDBG Program.
Vote on Motion: 6-0. Motion declared carried unanimously.
TEXT AMENDMENT REGARDING NONCONFORMING STRUCTURES: Director Osguthorpe
advised that Section 29.307(3)(d) describes when non-conforming structures may be allowed to
expand. The City’s Legal Department recently interpreted the Section stating that the word “it” in
the current ordinance refers to the nonconforming structure, rather than to any enlargement,
expansion, or extension of the non-conforming structure. This Legal Opinion has the effect of
requiring the existing structure, even if legally built at one time, to be brought into conformance
with the existing Code before any addition may be added. As a result, homeowners must now seek
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a variance if the structure fails to meet current zoning requirements, even though the proposed
addition does meet them. According to Mr. Osguthorpe, Section 29.307 had been previously
interpreted to mean that if an addition is proposed for a structure that does not currently meet
setbacks, it would be allowed as long as the addition, itself, met the setbacks.
According to Director Osguthorpe, several projects have been delayed or abandoned since the new
interpretation. The Zoning Board of Adjustment has been addressing about one case every meeting.
The proposed text amendment would bring the language concerning nonconforming structures back
in line with previous understandings and practices.
Moved by Popken, seconded by Larson, to refer the proposed text amendment regarding
nonconforming structures to the Planning and Zoning Commission.
Vote on Motion: 6-0. Motion declared carried unanimously.
1112 GRAND AVENUE: Municipal Engineer Tracy Warner advised that the alley adjacent to 111
2 G
r a n
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A v
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e
was
v a c
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an d
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n
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t h e
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(1 1
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8
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alle
y.
Ms. Warner explained that staff had determined the cost for the south eight feet to be $2,124 based
on the City’s policy for disposing of City right-of-way. She noted, however, that the owners of
1112 Grand Avenue have asked why there is such disparity in what they are being charged versus
what was paid for the northern eight feet, which was $614.11. Land value has increased
approximately ten percent (10%) over the past six years, but other than that, staff has been unable
to determine how the amount for the northern eight feet was calculated and why there is such a large
cost differential between the two amounts.
Moved by Goodman, seconded by Popken, to adopt RESOLUTION NO. 08-281 proposing the sale
and conveyance by Quit Claim Deed of the south 8' of vacated alley and setting the date of public
hearing for July 8, 2008.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
FENCING AGREEMENT WITH UNION PACIFIC RAILROAD (UPRR): Municipal Engineer
Warner said that trespassing on railroad right-of-way is a great safety concern and an ongoing issue
on the Union Pacific Railroad mainline tracks through Downtown Ames. In an effort to discourage
mid-block crossing of the tracks and improve safety, the UPRR recently installed 6-foot-high
wrought iron-type fencing within the railroad’s right-of-way on the north side of the tracks from
Duff Avenue through the depot area.
City Manager Schainker advised that, under the Memorandum of Understanding, the UPRR is
paying for the installation of the fence. The City will be required to perform routine maintenance,
repair, and replacement as needed for a period of 20 years or as long as the warranty on the fence
is in effect. The UPRR has agreed to pay for any damage that occurs due to railroad operations.
Ms. Warner commented on the removal of certain trees and vegetation that will be necessary due
to sight concerns of the Railroad. The Railroad is responsible for that vegetation removal.
Moved by Goodman, seconded by Doll, to adopt RESOLUTION NO. 08-282 approving the
Memorandum of Understanding with the Union Pacific Railroad pertaining to safety fencing
installed from Duff Avenue through the depot area.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
2008/09 DEMAND-SIDE MANAGEMENT PROGRAMS: Donald Kom, Director of Electric S e r
v i c
e s ,
in t r
9
odu
c e d
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v e
W i
l s o
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E n
e r g
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C o
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W i
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e d
“S
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r t
E n
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(De
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S i d
e
M a
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)
p r o
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an d
10
a n t
i c i
p a t
e d
s a v
i n g
s.
Council Member Goodman said that he still has some concerns about the rebates being offered,
particularly the Marathon water heater rebate. Mr. Wilson explained that Marathon water heaters
are large electric water heaters (85 to 105 gallons) made out of fiberglass with a huge amount of
insulation. They are very efficient, but it is possible that they would add to the City’s load during
the summertime.
Acknowledging that the City has allocated $600,000 this year for these Programs and $800,000 is
earmarked in next year’s budget, Council Member Popken asked if there is adequate staffing to
administer the Programs. Mr. Kom stated that Steve Wilson is the person responsible for
administration of the “Smart Energy” program.
Moved by Goodman, seconded by Popken, to approve the 2008/09 Demand-Side Management
Programs sans the Marathon Water Heaters.
According to Mr. Larson, there are operational reasons why the City works to achieve a balanced
electric load. For that reason, incentives for certain items may be recommended where the benefits
are not immediately visible. Council Member Popken agreed, but stated that, from the perspectives
of the utility, its customers, and energy conservation, Marathon water heaters come up with
negatives regarding benefits. Mr. Kom described the carbon footprint and how it might be impacted
by offering incentives for such items as Marathon water heaters. Mr. Wilson added that it would
depend on how many of those units were in service; however, it would take years to realize the
savings.
Vote on Motion: 6-0. Motion declared carried unanimously.
REPAIR OF UNIT #8 TURBINE GENERATOR BEARING: Director Kom introduced Power Plant
Manager Dell Brown and Maintenance Superintendent Phil Schendel.
Mr. Brown described how the four bearings function. Staff had found some issues regarding the
No. 2 bearing on the Unit #8 Turbine Generator. It had been experiencing elevated temperatures,
and staff has concerns about its imminent failure. On June 18, 2008, the Power Plant issued a
purchase order to General Electric International, Inc., to open and inspect the No. 2 bearing on the
Unit #8 Turbine Generator. He said that, upon inspection of the No. 2 bearing, General Electric
International found signs of extremely heavy loading to be the cause of the high temperature
readings. The first Purchase Order was issued for $24,000 to cover the inspection. A second
Purchase Order was issued on June 19, 2008, in the amount of $24,824 to cover the repairs;
however, GE International now estimates that labor costs could be higher, which would mean that
the second Purchase Order could cause the total to be over the $50,000 threshold requiring City
Council approval and formal bidding. Staff is seeking authorization to finish the necessary repairs
to keep Unit #8 in solid operating parameters.
Moved by Mahayni, seconded by Popken, to adopt RESOLUTION NO. 08-283 waiving formal
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bidding procedures and authorizing repair of Unit #8 Turbine Generator bearing by General Electric
International in an amount not to exceed $75,000.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
CHANGES IN CITY ELECTRICAL CODE TO COMPLY WITH NEW STATE LICENSING
REGULATIONS: Moved by Goodman, seconded by Popken, to pass on first reading an ordinance
revising sections of Chapter 5 and Chapter 7 of the Municipal Code to bring them into compliance
with the new state electrical licensing regulations.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Popken, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Larson, to pass on second and third readings and adopt
ORDINANCE NO. 3960 revising sections of Chapter 5 and Chapter 7 of the Municipal Code to
bring them into compliance with the new state licensing regulations.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON POWER PLANT NITROGEN OXIDE CONTROL PROJECT: Mayor Campbell
opened the public hearing. No one requested to speak, and the hearing was closed.
Director Kom explained that bids were received on June 19, 2008. As part of the review process,
information contained in the proposals must be sent to a third-party furnace modeling firm that will
enter the data into a model of the City’s boilers. This modeling will demonstrate what proposed
equipment offers the City the best value for lowering NO x emissions, and that process might take
several weeks. After completion of the modeling, staff will be in a position to recommend the best
equipment and contractor for installation of NO x reduction measures at the Power Plant. For that
reason, staff is requesting that the City Council accept the report of bids and delay award until the
furnace modeling evaluations are complete.
Moved by Mahayni, seconded by Goodman, to accept the report of bids and delay award of contract.
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE MAKING PARKING FINE ADJUSTMENT: Moved by Popken, seconded by
Mahayni, to pass on second reading an ordinance making a parking fine adjustment.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Popken, 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 third reading and adopt ORDINANCE
NO. 3954 making a parking fine adjustment.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
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STATE OF IOWA “SMOKE-FREE AIR ACT”: Assistant City Manager Bob Kindred briefed the
City Council as to the City’s efforts to comply with the Iowa “Smoke-Free Air Act,” which will take
effect July 1. The new law will include enclosed public places, workplaces and grounds, and all
public buildings. It was clarified by City Manager Schainker that all public places are impacted, not
just governmental buildings. Mr. Kindred noted that all City buildings and vehicles are already
smoke-free.
Mr. Kindred advised that the City will have some enforcement responsibilities. He explained that
the Iowa Department of Public Health has the main responsibility for enforcement, but will be
delegating some of that responsibility to municipalities. It is hoped that increased education of the
provisions of the Act will result in few violations of the law.
Assistant Manager Kindred detailed what preparation are being taken by the City. Several issues
are presently unresolved: “grounds” for workplace buildings, parking lots, etc., and enforcement
roles. After the issues are resolved, Mr. Kindred advised that the City’s Personnel Policies and
perhaps sections of the Municipal Code might need to be amended. City Attorney Doug Marek
elaborated on other provisions of the Act. He believes that there is some benefit to waiting to see
how other jurisdictions interpret the law so as to achieve uniformity in enforcement.
COMMENTS: Moved by Larson, seconded by Rice, to refer to staff the letter from Chuck Winkleblack
requesting the possible annexation of the property located at 1811 and 1820 S. Dayton Avenue
(formerly the Cyclone Truck Stop).
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Rice, seconded by Goodman, to refer to staff the email pertaining to a “mammoth RV”
parked on Jewel Drive.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Popken, seconded by Goodman, to direct staff to remove the “no-smoking ordinance”
currently on the books.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Doll, seconded by Goodman, to adjourn the meeting at 9:05 p.m.
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Diane R. Voss, City Clerk Ann H. Campbell, Mayor
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