HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council and Special Meeting of the Ames Housing Governing Board 12/16/2008REGULAR MEETING OF THE AMES CITY COUNCIL AND
SPECIAL MEETING OF THE AMES HOUSING GOVERNING BOARD
AMES, IOWA DECEMBER 16, 2008
The regular meeting of the Ames City Council was called to order by Mayor Campbell at 6:30 p.m. on
December 16, 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
Tracy was absent.
CONSULTATION WITH AFFECTED TAXING ENTITIES: City Manager Steve Schainker
reported that, on December 9, 2008, the City Council had directed staff to proceed with the
creation of an Urban Renewal Area for the South Bell project. One of the necessary steps to create
an Urban Renewal Area, per Iowa Code 403.5(2), is to hold a consultation with the affected taxing
entities if tax-increment financing is going to be included. City Manager Steve Schainker advised
that the City of Ames has utilized tax-increment financing twice in the past, and both projects have
been very successful. He noted that a consultation with the affected entities was not required for
either of those projects; however, state law has changed since those were created.
In addition to the City of Ames, the affected taxing entities include Ames Community School
District, Story County, and the Des Moines Area Community College. In attendance were Karen
Shimp, Chief Financial Officer, and Board Members Dan Woodin and Mary Jurenka, representing
the Ames Community School District; Jane Halliburton and Wayne Clinton, representing the Story
County Board of Supervisors; and Douglas C. Williams, Vice-President of Business Services,
representing Des Moines Area Community College.
Planner Charlie Kuester showed the location of the proposed industrial park, which comprises
approximately 33.8 net acres. City Manager Schainker advised that a developer had approached
the City with a request to enter into a partnership to create an industrial park on South Bell
Avenue. It was noted that the Ames Economic Development (AEDC) had previously informed
the City that there is not an adequate amount of land to accommodate smaller industries in Ames.
City Manager Schainker stated that it is anticipated that 3.5 acres will be developed per year, so
complete build-out will take approximately ten years. Therefore, the TIF debt would be able to
be paid off in ten years or sooner. He explained that the deferred taxes will impact all four of the
affected taxing entities; however, once the TIF debt is paid-off, all will benefit from the property
taxes paid by the industries. At the end of ten years, there is projected to be an increase of $9
million in assessed valuation. Using the current tax rate, DMACC would receive approximately
$5,000/year; Ames School District: $122,000/year, and Story County: approximately $59,000 in
increased tax revenue after build-out. At this time, there is a nominal amount being paid in
property taxes on the land in question.
Mr. Williams advised that DMACC sees the potential extension of South Bell as an enhancement
of its Ames facility, and he encouraged the City to move forward with the proposed project.
City Manager Schainker noted that the affected taxing entities have seven calendar days (no later
than December 23, 2008) to make written recommendations for modifications to the proposed
division of revenue. The City Council had previously named City Manager Steve Schainker to
serve as the its representative, and he will be respond to any written recommendations for
modifications at least seven days prior to the public hearing on the adoption of the Urban Renewal
Plan.
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Moved by Mahayni, seconded by Rice, to set January 13, 2009, at 7:00 p.m. as the date and time
of the public hearing to consider the adoption of the Urban Renewal Plan.
Vote on Motion: 6-0. Motion declared carried unanimously.
SPECIAL MEETING OF THE AMES HOUSING GOVERNING BOARD
The Special Meeting of the Ames Housing Governing Board was called to order by Chairperson
Campbell at 7:00 p.m. on December 16, 2008, with the following members present: Doll, Goodman,
Horness, Larson, Mahayni, Popken, and Rice.
City of Ames Housing Coordinator Vanessa Baker-Latimer addressed the following four questions
that were raised by the City Council at its December 9, 2008, meeting regarding the current policy
for conducting background checks for Section 8 Housing participants.
Question 1: “Is the City’s current policy of conducting police checks only for criminal activity in
the state of Iowa in keeping with the requirements of the Section 8 Housing Program?”
Ms. Baker-Latimer stated that the City’s procedure does meet the requirements; however, nothing
in HUD regulations precludes the City from conducting searches in other states or nationwide.
Council Member Popken asked what types of criminal offenses would disqualify a participant or
applicant from the Program. Ms. Baker-Latimer advised that the City of Ames searches for any
drug-related or violent criminal activity for the past three years from the state of Iowa. City
Attorney Marek clarified that only drug-related or violent criminal activity would preclude a person
from qualifying.
Council Member Larson asked if persons from other states may apply for participation in the Ames
Program. Ms. Baker-Latimer said that they may apply. She added that 89% of the applicants on
the waiting list is from Iowa; 1% is from Florida, 8% is from Illinois, and less than 1% is from
Mississippi, New Jersey, and Ohio. She stated that portability of vouchers is required by HUD;
those persons have already met the eligibility requirements. Ms. Baker-Latimer explained
portability: Persons may request to move to another Housing Authority. The new Housing
Authority may: (1) absorb the person into the system and return the voucher to the originating
jurisdiction or (2) charge the originating jurisdiction for administering the voucher.
Ms. Baker-Latimer advised that, in order to be eligible for the Ames Program, persons must be
elderly (62 or over), disabled, or a family with dependent children. The City has 229 vouchers, with
an 86% lease-up rate. HUD requires a 95% lease-up rate, so Ames is not in compliance at this time.
Question 2: “How are other cities/housing authorities handling the issue of police checks for
participants – national or state checks?”
According to the HUD’s Kansas City Office, there are 70 Housing Authorities (HAs) in the state
of Iowa. Ms. Baker-Latimer said that staff was able to contact 20 HAs, specifically those with the
most vouchers. Iowa City was the only HA that specifically stated that it conducts national
background checks. Fort Dodge conducts local and state checks. According to Ms. Baker-Latimer,
Iowa City and Des Moines are the largest Housing Authorities in the state of Iowa; they offer both
Section 8 and Public Housing assistance.
Question 3: “What is the projected cost to do national as well as state police background checks?”
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Ms. Baker-Latimer advised that a national background search costs approximately $45.25/adult (18
years of age and older) in the household. She clarified that it costs $15 for the background check
by fax and $30.25 for a fingerprint check. The cost is reduced by $3 if a request is sent by mail,
rather then by fax; however, the time delay makes mailing impractical. Ms. Baker-Latimer gave an
example of what the costs could be if national searches were done. She specified that the applicant
may not be charged for the background check. She will check with HUD to see what types of funds
may be used to pay for the background checks.
Question 4:”What are the advantages and disadvantages of doing national police background
checks?”
It was noted by Ms. Baker-Latimer that the possibility of uncovering disqualifying criminal activity
of applicants and participants that was committed outside the borders of Iowa would be the
advantage. Background checks are run every 12 months on the current participants as part of their
annual re-exam; however, the City currently runs only local criminal background checks.
Disadvantages would include the processing costs and time. National background checks including
fingerprints could take as long as six weeks. The Iowa Division of Criminal Investigation
background checks take approximately three to four days, depending on the workload.
City Manager Schainker noted that there have been recent requests for information concerning
Section 8 Housing recipients. He asked Attorney Marek to speak on the Iowa Public Records law.
Mr. Marek stated that all City records are presumed to be open to the public unless they meet the
Iowa Code definition of confidential records. Included in the list of confidential records are those
that contain certain information relating to any form of housing assistance, such as financial history,
medical history, and Social Security numbers. Mr. Marek also advised that records that contain
residential addresses of applicants who have applied for or received restraining orders for
themselves or other household members are also confidential by Iowa Code Section 22.7. He said
that the City does not have information about applicants’ pending restraining orders; restraining
order files are sealed by the court. When the City receives a request for housing records, those
persons whose records are sought are notified in order to determine whether their information is
confidential. Mr. Marek further advised that, under the terms of the Iowa Public Records Act, a
court may issue an injunction to prevent disclosure of a public record if to do so would not be in the
public interest.
Council Member Goodman expressed his opinion that the City should change its policy to require
national background checks. City Manager Schainker suggested that it be referred back to staff to
make a report to the City Council on the steps necessary to change its policies. Ms. Baker-Latimer
explained that she would need to determine costs. She would also need to prepare a change to the
Administrative Plan, which would need to be approved by the Housing Governing Board.
Moved by Goodman, seconded by Popken, to direct staff to explore an expansion of its current
procedure to require national background checks.
Joe Monahan,715 Carroll Avenue, Ames, asked if the change to require national background checks
would be retroactive. City Attorney Marek advised that the City would have the capability of
making it retroactive; the cost and time of doing so could be an issue.
Mayor Campbell asked how much of the significant crime in Ames has been tied to Section 8
Housing participants. Ms. Baker-Latimer explained the numbers of people who have been
terminated from the Program and the reasons therefor. From January to December 2008, four have
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been terminated due to violent activity, three due to drug activity, one due to fraud, two for a lease
violation, two due to having an unauthorized person in the housing unit, eight for failing to report
income, and two for moving without giving a 30-day notice.
Ms. Baker-Latimer explained that there are rental-assistance programs in Ames other than the City’s
Section 8 Program. Specifically named were Stonehaven, Regency, Keystone, and Eastwood
Apartments, which have their own contracts with HUD.
Council Member Mahayni asked Housing Coordinator Baker-Latimer if she detects a problem with
Ames’ Section 8 Program. Ms. Baker-Latimer advised that times are changing throughout the state
of Iowa, and Ames is no exception. She recognized that there are those who struggle with housing
affordability, and the Program allows those persons to have suitable housing. There are also those
who attempt to take advantage of these types of programs, and that’s why HUD has a “one strike
and you’re out” standard. According to Ms. Baker-Latimer, City staff always tries to do due
diligence.
Mr. Mahayni expressed his concern that the victims are being blamed, which results in the Program
being stigmatized.
Council Member Popken asked if it would be better to use an outside agency to run the background
checks. Ms. Baker-Latimer advised that an Iowa DCI representative has recommended using the
Federal Bureau of Investigation to run national checks due mainly to ensuring that the correct person
is being screened. If an error in identity is made, it could set the City up for legal ramifications.
Council Member Doll asked staff to provide the City Council with the number of crimes committed
City-wide that would be grounds for removing a participant from the Section 8 Program.
Council Members Goodman and Popken expressed their endorsement of the Section 8 Program and
the necessity for it. Both concurred that requiring national background checks would lead to
additional credibility for the Program.
Council Member Mahayni emphatically voiced his disagreement with the motion. He alluded again
that doing so would further stigmatize Section 8 applicants/participants. Mr. Mahayni believes that
if staff members felt there was a problem, they would bring it to the attention of the City Council
and action would be taken, rather than the City Council reacting to a “Letter to the Editor” in the
newspaper.
Vote on Motion: 4-3. Voting aye: Goodman, Horness, Larson, Popken. Voting nay: Doll, Mahayni,
Rice. Motion declared carried.
REGULAR MEETING OF THE AMES CITY COUNCIL
The Regular Meeting of the Ames City Council resumed at 8:24 p.m.
Mayor Campbell announced that Item No. 27 regarding property acquisition for Recyclables/Staging
Project for the Resource Recovery Plant had been pulled by staff.
CONSENT AGENDA: Council Member Rice asked to pull, for separate discussion, Item No.12, which
pertained to a Facade Grant for Wheatsfield Grocery at 413 Northwestern Avenue.
Moved by Goodman, seconded by Rice, to approve the following items on the Consent Agenda:
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1.Motion approving payment of claims
2.Motion approving minutes of Regular Meeting of December 9, 2008
3.Motion setting Council Workshop for March 10, 2009
4.Motion approving renewal of the following liquor licenses, beer permits & wine permits:
a.Class C Liquor & Outdoor Service Privilege - Aunt Maude’s, 543-547 Main Street
b.Class C Liquor - Tip Top Lounge, 201 East Lincoln Way
c.Class C Beer - Swift Stop #6, 125 6 Streetth
d.Class C Beer - Swift Stop #7, 2700 Lincoln Way
e.Class C Beer - Casey’s General Store #2298, 2400 Lincoln Way
f.Class C Beer - Char’s, 3100 South Duff Avenue
5.RESOLUTION NO. 08-515 approving COTA Spring 2009 Mini-Grants
6.RESOLUTION NO. 08-516 approving FMLA revisions and additions to Personnel Policies and
Procedures Manual
7.RESOLUTION NO. 08-517 approving Engineering Services Contract for 2008/09 Airport
Improvements (Rehabilitation of Runway 13/31)
8.RESOLUTION NO. 08-518 approving Transportation Agreement with Iowa Department of
Transportation for Ames Southeast Entryway Project
9.RESOLUTION NO. 08-533 approving revision to Purchasing Agreement with Habitat for Humanity
of Central Iowa for property located at 622-13 Streetth
10.RESOLUTION NO. 08-519 approving a Memorandum of Understanding with the Second Judicial
District for Support of Continuity of Court Operations
11.RESOLUTION NO. 08-521 approving purchase of land at 1111 Top-O-Hollow Road in the amount
of $22,287 for planned substation expansion
12.RESOLUTION NO. 08-522 approving time extension on contract with Will Page to complete Ames
Historic Preservation Plan
13.RESOLUTION NO. 08-523 approving contract and bond for Water System Improvements Project
(Summit Avenue and Crescent Street)
14.RESOLUTION NO. 08-524 approving Change Order Nos. 1-4 for Combustion Turbine GT-1
Control System Upgrade
15.RESOLUTION NO. 08-525 accepting completion of 2007/08 Concrete Pavement Improvements
(Green Hills Drive)
16.RESOLUTION NO. 08-526 accepting completion of 2007/08 Collector Street Rehabilitation (Beach
Avenue)
17.RESOLUTION NO. 08-527 accepting completion of 2007/08 Sidewalk Safety Program
18.RESOLUTION NO. 08-528 accepting completion of 2008/09 CDBG Neighborhood Curb
Replacement Program
19.RESOLUTION NO. 08-529 approving partial completion of public improvements and lessening
amount of security required for Northridge Heights Subdivision, 12 Additionth
20.RESOLUTION NO. 08-530 approving partial completion of off-site improvements and lessening
amount of security required for Northridge Heights Subdivision, 12 Addition (Bloomington Roadth
Widening)
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
FACADE GRANT FOR WHEATSFIELD GROCERY AT 413 NORTHWESTERN AVENUE:
Council Member Rice asked staff to comment on the drawings provided for Wheatsfield. Planning
& Housing Director Steve Osguthorpe explained that the Facade Grant process requires the
applicant to provide drawings and plans for complete build-out. Several of the drawings show future
concepts that might not occur. He advised that the northern facade is the only one that will be
constructed at this time.
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Moved by Popken, seconded by Mahayni, to adopt RESOLUTION NO. 08-520 approving a Facade
Grant for 413 Northwestern Avenue (Wheatsfield Grocery).
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
PUBLIC FORUM: Clark Richardson and Mark Kline, representing ISU Dance Marathon, explained
the event and how the community can participate. Mr. Richardson said that this is the 11 year forth
the Dance Marathon, which raises money and awareness for the University of Iowa Children’s
Hospital through the Children’s Miracle network. The Dance Marathon will occur on January 24,
2009, in the Great Hall of the Memorial Union.
CLASS B LIQUOR LICENSE & OUTDOOR SERVICE PRIVILEGE FOR HILTON GARDEN
INN: Moved by Doll, seconded by Popken, to approve a Class B Liquor License and Outdoor Service
Privilege for Hilton Garden Inn Ames, 1325 Dickinson Avenue, pending issuance of Certificate of
Occupancy.
Vote on Motion: 6-0. Motion declared carried unanimously.
CLASS E LIQUOR LICENSE FOR AJ’S MARKET: Moved by Goodman, seconded by Popken,
to approve a new Class C Liquor License for AJ’s Market, 129 Welch Avenue, Ste. 101.
Vote on Motion: 6-0. Motion declared carried unanimously.
EXTERIOR MAINTENANCE CODE: Assistant City Manager Bob Kindred recalled that the plan
for getting input from the public on the proposed Property Maintenance Code was approved by the
City Council on December 9, 2008. He noted that the Council had passed a motion limiting the
Property Maintenance Code to exterior items and directed staff to present the Council with a list of
exactly which items would be included. Mr. Kindred corrected a statement that staff had made at
that meeting concerning whether any follow-up meetings on this issue had been held. It was
clarified that the Building Official had actually attended one follow-up meeting with the Rental
Housing Advisory Committee, and the list of exterior items had been discussed. It was pointed out
that the list of items recommended by the RHAC for inclusion was attached to the Council Action
Form. According to Mr. Kindred, staff reviewed that list, and is now recommending that 23 items
focusing on exterior issues only be considered. He also reminded the Council that the City is
moving on a dual track, i.e., a Rental Housing Code and a Property Maintenance Code.
Discussion ensued about including building numbering on the list. Council Member Goodman
expressed his opinion that it might not be necessary for the City to dictate what the building numbers
look like unless they could be perceived as being degrading to the neighborhood. He thinks that
might create arguments that are not necessary at this point. Council Member Rice explained that
he perceived that requirement as being more of a public safety issue.
Moved by Rice, seconded by Mahayni, to include the items referenced as “Attachment 3" for
consideration for owner-occupied residential units:
ATTACHMENT 3
O riginal
RHAC
N umb er
C ode item descript ion
1 Building Num bering
4 M aintenanc e of D etache d G arages , Sheds
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7 M aintenanc e of Stairways, D ecks, Porches, Balconies
9 E x terior H and rails and G uar drails
10 Ex terior Stairs Maintenanc e, R ise, and
1 2 R o o fs , G u tte rs , a n d D o w n s p o u ts
13 G rading and lands caping
1 4 S tru c tu ra l M e m b e rs
20 T all G rass and W eed Control
2 6 S id e w a lk s a n d d riv e w a ys
2 8 E x h a u s t V e n ts
2 9 D e fa c e m e n t o f P ro p e rty
30 Protectiv e T reatm ent - Paint
3 1 F o u n d a tio n W a lls
32 D ecorative Features
33 O v erhang Ex tensions
3 4 C h im n e ys a n d T o w e rs
35 D oors - Ex terior
36 B asem ent H atchw ays-M aintena nce
3 8 E x te rio r W a lls
4 0 D is p o s a l o f G a rb a g e , a n d W a s te
41 O utdoor Storage
7 7 R e q u ire d O ff-S tre e t P a rk in g : H a rd S u rfa c e , F ro n t Ya rd
Moved by Goodman, seconded by Popken, to amend the motion to include the items on the list
without building numbering.
Vote on Amendment: 2-4. Voting aye: Goodman, Popken. Voting nay: Doll, Larson, Mahayni,
Rice. Amendment failed.
Vote on Original Motion: 6-0. Motion declared carried unanimously.
IMPROVEMENTS TO ADA HAYDEN HERITAGE PARK LAKE AND WETLANDS: Director
of Water and Pollution Control (WPC) John Dunn reminded the City Council members that they had
directed staff to begin exploring improvements to the southern and central wetlands to mitigate
phosphorous contamination of Ada Hayden Lake, which was also to consider the control of invasive
species, such as carp. He stated that staff is proposing to initiate the following course of action in
response to the Council’s directive:
1.Targeted Public Education. Staff will mail information promoting environmental improvements
that could be gained by using zero phosphorous fertilizer.
Mr. Dunn advised that this is estimated to cost $2,000, which will come from the Water
Conservation Education Program.
2.South Wetland Stormwater Investigation. Earlier monitoring by Dr. Downing revealed a
periodic presence of caffeine in the water entering the south wetland complex. Staff from Public
Works and WPC are initiating an investigation in an attempt to determine the source.
According to Mr. Dunn, testing for caffeine cannot be performed by the WPC Laboratory and
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will be sent to an outside laboratory at a cost of approximately $100/sample. Funding for this
program is estimated at $1,500 and will come from the Water Plant’s Outside Professional
Services budget specifically identified for work in Ada Hayden Park.
3.Carp Control. Staff has arranged a late December meeting with experts from Iowa State
University and the Iowa Department of Natural Resources to explore possible options to limit
carp migration from the lakes into the wetland complexes.
Mr. Dunn stated that there is no expense associated with the conceptual plan; however,
depending on which option is identified as the most-appropriate solution, additional capital
funds might be needed at a later time. Also, once some form of fish exclusion method is in
place, the fish populations already in the wetlands will need to be removed at an estimated cost
of $3,500.
4.North Wetland Performance. Mr. Dunn noted that the Council’s directive was limited to the
southern and central wetland complexes, staff is proposing to investigate concerns that have
been raised about the design and performance of the northern wetland complex. Staff plans to
utilize the original design team from Bonestroo, Rosene, Anderlik, and Associates at a cost of
approximately $1,500, to compare the initial design concept to the final construction. Those
funds will be allocated from the Water Plant’s Outside Professional Services budget specifically
identified for work in Ada Hayden Park. Mr. Dunn added that corrective actions, if any, will
also require additional capital funds to be designated at a later time.
Moved by Popken, seconded by Goodman, to approve the staff plan to explore improvements in the
Ada Hayden Heritage Park Lake and Wetlands.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON STANGE ROAD SUBSTATION TO AMES PLANT (161/69-kV
TRANSMISSION LINE CONSTRUCTION): Mayor Campbell opened the public hearing. No
one asked to speak, and the Mayor closed the hearing.
Donald Kom, Director of Electric Services, described the project.
Moved by Mahayni, seconded by Doll, adopting RESOLUTION NO. 08-531 approving final plans
and specifications and awarding contract to Hooper Corporation of Madison, Wisconsin, in the
amount of $3,485,486.96.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
HEARING ON U. S. HWY. 69 INTERSECTION IMPROVEMENTS - 13 STREET ANDTH
GRAND AVENUE TRAFFIC SIGNAL PROGRAM: The public hearing was opened by the Mayor
and closed after no one requested to speak.
Moved by Rice, seconded by Doll, to adopt a RESOLUTION NO. 08-532 approving final plans and
specifications and awarding contract to Voltmer, Inc., of Decorah, Iowa, in the amount of
$190,974.08.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE REZONING PROPERTY LOCATED AT 4098 EAST 13 STREET: Moved byTH
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Goodman, seconded by Popken, to pass on second reading an ordinance rezoning property located
at 4098 East 13 Street (East Barilla site) from Planned Regional Commercial (PRC) to Plannedth
Industrial (P-I).
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING DOWNTOWN URBAN REVITALIZATION PLAN: Moved by
Goodman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO. 3978
amending the Downtown Urban Revitalization Area.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ORDINANCE PROVIDING FOR OPERATION OF THE AMES MUNICIPAL CEMETERY:
Moved by Goodman, seconded by Mahayni, to pass on third reading and adopt ORDINANCE NO.
3979 providing for operation of the Ames Municipal Cemetery as a Perpetual Care Cemetery, as
specified by Iowa Code.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
COMMENTS: Council Member Larson asked Chief Cychosz to provide a report on the results of
the committee that he chaired as part of the Inclusive Community discussions pertaining specifically
to diversity issues.
Council Member Rice, seconded by Goodman, to direct staff to provide a status report on the
negotiations for transportation of coal.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: Moved by Doll, seconded by Goodman, to adjourn the meeting at 9:12 p.m.
_______________________________________________________________________
Diane R. Voss, City Clerk Ann H. Campbell, Mayor