HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 01/31/1995MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA JANUARY 31, 1995
The Ames City Council met in special session at 5:10 p.m. in the City Council Chambers in the City
Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the following Council
Members present: Brown, Campbell, Parks, Tedesco, and Wirth. Coun. Hoffman arrived late.
PUBLIC INFORMATION REGARDING POSSIBLE CODE REVISIONS PERTAINING TO
HOSPITAL GOVERNANCE: Public Relations Official Pam Reinig reviewed concentrated public
education efforts on the proposed Municipal Code revisions regarding Hospital Governance,
including the City Attorney's appearance on "A.M. Ames" radio program, Channel 12 informative
video, and press releases and public service announcements sent to all Story County media. She
asked if the Council wished to consider paid advertising to reinforce those efforts, and noted that
since the Public Relations budget cannot cover these costs, the funds would have to come from
another source.
There was discussion of advertising costs and what the advertising would say that could not be
covered in the already-in place strategies.
Motion by Wirth, Second by Brown, to adopt RESOLUTION NO. 95-053 denying funding for
paid advertising to provide public information regarding possible Code revisions pertaining to
Hospital Governance.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
ENCROACHMENT PERMIT FOR AWNING AT 409 DUFF: Motion by Campbell, Second
by Wirth, to approve request for encroachment permit for awning at 409 Duff (Cyclone
Abstract).
Vote on Motion: 5-0. Motion declared carried unanimously.
RESOLUTION RECONSTITUTING THE AMES HUMAN LEAGUE: Motion by Tedesco,
Second by Brown, to adopt RESOLUTION NO. 95-051 Reconstituting the Ames Humane
League.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
AWARD OF CONTRACT FOR ELECTRIC DEPARTMENT POWER PLANT NO. 8
REPAIR WORK: Motion by Brown, Second by Wirth, to adopt RESOLUTION NO. 95-052
awarding a firm contract to Heartland Energy Maintenance in amount of $73,400.00 for Boiler
#8 Superheater Repair Work.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
WORKSHOP ON RURAL ZONING AND RURAL WATER ISSUES: Assistant City Manager
Bob Kindred said in the past, the traditional mindset that the City has been the only potential
provider of water services has given the City a strong handle on controlling growth that occurs in
the 2-mile fringe area surrounding the City. He said with the advent of rural water systems, that
mindset is changing. He reviewed policy issues that may need to be reevaluated and possibly
changed as rural water and other zoning changes occur in the fringe areas. He said rural water
bringing development within the fringe area is basically a landuse issue. He provided an overview
of the basic landuse issues involved, such as whether more intense types of development should be
encouraged to occur inside, rather than outside, the City limits.
There was discussion regarding this basic assumption and how efforts to "downzone" within the City
encourage less intense development within the City and force expansion to the outer fringes.
Coun. Hoffman arrived at 5:25 p.m.
There was discussion regarding the reasons behind this basic assumption, such as 1) increasing the
tax base within the City; 2) equity argument; 3) wanting to control development; and 4) the cost of
bringing infrastructure of newly-annexed areas up to urban standards.
Planning and Housing Director Brian O'Connell reviewed how the City of Ames currently exercises
subdivision authority in Story County within 2 miles of its corporate limits, but does not have
subdivision authority in Boone County. He said the City's practice has been not to require rural
property owners to install full urban infrastructure when dividing a parcel into a small number of
lots. He said however, with the advent of rural water infrastructure, there could be many more small
subdivisions in the fringe area. He said therefore, the potential for further intensification in the 2-
mile fringe is greatly increased.
There was discussion regarding the cost differential between the City providing the water to the
subdivision versus selling the water to a rural water district. Coun. Parks said if the City provided
the water to the subdivision, there should be a 2-tiered rate structure to ensure that urban customers
were not subsidizing rural customers.
There was discussion that if the City chose to sell the water on a wholesale distribution basis, they
could or could not require the subdivision to have the distribution system up to the City's standards.
There was discussion regarding who had "first rights" to distribute water in the rural fringe area.
City Attorney John Klaus discussed the "non-impairment" feature of federal law that occurs when
rural systems have a federal loan. He said when a federal loan is involved, the City could not do
anything that would impair the projected stream of revenue from the water service area.
There was discussion regarding whether annexing land brought revenue equal to the cost of
providing the services required versus selling the services without increasing the City's size and
obligation to provide services.
There was discussion regarding how the water district areas are determined. City Attorney Klaus
noted that if a loan were obtained, the map would be a part of the loan documents with the Farmer's
Home Administration.
Water Department Director Tom Neumann introduced Dan Miller from Xenia Rural Water District,
and Jim LaPlant from the Central Iowa Rural Water Association.
Mr. LaPlant said the County Board of Supervisors designated the areas. Coun. Parks asked if a map
of the districts could be provided to the Council.
Mr. Miller explained how Xenia Rural Water District had petitioned the Story County Board of
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Supervisors in 1990 for areas west of I-35 and south of Ames. He said in 1992, they petitioned for
a portion of the area north of Ames, west of I-35. He said the criteria used by the Board was the
percentage of rural residents expressing interest in obtaining the service.
There was discussion regarding whether it was feasible to require water districts to build
infrastructure up to the City's standards. Mr. Miller said from his standpoint, it would not be
practical to do so. He said currently, a family of 4 pays $48/month for their water from his district.
He said upgrading the system to the City's standards would increase that cost considerably.
Jim LaPlant, Central Iowa Rural Water Association, said his corporation was a non-profit
corporation, with facilities east of I-35, with exception of north on Dayton Road, Hickory Grove
Trailer Park, and North to McFarland Park. He said their lines are all in place and in service. He
said the City can deny a water district or non-profit corporation from coming within the 2-mile
fringe, but must then provide the facilities into that area themselves within 4 years. He said his
corporation has developed districts around Newton, Marshalltown, and within Polk County, and
have not encountered any problem interfacing with those communities. He said he understood the
dilemma and policy issues the City faces, and to him, it made sense to provide infrastructure in areas
close to the City, in anticipation of annexation. He said however, there was a need to be flexible the
further out from the City one went.
Mr. LaPlant said currently, all of Central Iowa Rural Water Association districts within Story
County are served by water from Marshalltown water works, and his corporation was seeking to
purchase water from the City of Ames. He said in the future, he foresaw regional points of supply
for water throughout the State, due to water quality standards being high enough to force smaller
providers out of existence.
There was discussion regarding what happens when a City wants to annex an area which has rural
water service. Mr. Miller discussed 2-mile agreements that Xenia Rural Water District currently has
with various communities.
Planning and Housing Director Brian O'Connell said Staff recommended the Council initiate
meetings with Story County to review the acceptability of policies of both the City and the County
now that rural water infrastructure is affecting both areas. He said Staff also recommended the City
renew its commitment to the current policy requiring urban infrastructure for urban fringe
subdivisions. He said Staff believed an amendment to the subdivision ordinance should be adopted
to require full urban infrastructure for subdivisions containing lots of 10 acres or less. He said Staff
felt the Council should initiate a joint meeting with the Boone County Board of Supervisors to create
a strategy to better manage urban fringe development in Boone County. He said the City could
exercise subdivision authority within Boone County, and zoning authority as well, since Boone
County has no zoning regulations. Coun. Parks noted the Staff Report indicated that in order to
exercise zoning authority in Boone County, the City would have to increase the size of its Planning
and Zoning Commission and the Zoning Board of Adjustment by 2 members each, to be appointed
by the Boone County Board of Supervisors.
Coun. Brown said she felt regionalization was going to bring major policy questions in the future,
regarding how the City would govern a number of services. She said the trend was already
established, and they should look at taking a leadership role.
Motion by Parks, Second by Hoffman, to direct Staff to arrange meeting withStory County
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Board of Supervisors for review of development regulations; toarrange meeting with Boone
County Board of Supervisors for review of development regulations; and to affirm requirements
for infrastructure in 2-mile area.
Vote on Motion: 6-0. Motion declared carried unanimously.
Water Department Director Tom Neumann reviewed economic issues of providing water to areas
in the urban fringe. He distributed additional Page 13a and revised Page 16 to the report entitled
"Projected Impact of Rural Water Sales on City of Ames, Iowa Water Utility." He said the key
question was whether the City of Ames has the water supply, treatment, and distribution capabilities
to provide service to areas outside the corporate limits, or if the facilities can be expanded to do so,
versus whether they should sell the water, if they have that capacity. He noted in the Report, the
following assumptions were made: 1) a water supply under drought conditions similar to 1976/77;
2) service level goals as currently budgeted; 3) same level of state/federal regulations; 4) City
growth per Land Use Policy Plan estimate; and 5) rural water projections as received from rural
water systems.
Mr. Neumann said the three basic components of water capacity were 1) water supply (wells), 2)
water treatment, and 3) high service pumping. He said last summer, a City-initiated research study
on potential water supply development capabilities identified three more well-field potential
development areas to increase water supply.
Mr. Neumann discussed what could be included in an agreement to sell water to a rural water
district. Assistant City Manager Kindred noted the City had received requests from the Cities of
Kelley and Gilbert to purchase water from Ames as well.
Coun. Tedesco asked whether the City had the capacity to allow it to sell water without damaging
its position. Mr. Neumann reviewed Figure 8 of the Report, showing the City's Water Supply
Capacity versus Demand, 6-month Well Supply under Drought Conditions. He said using the
assumptions stated earlier, water supply, water treatment, and pumping have to be expanded by the
year 2030 with no demand other than the City's. He said if the rural water demand were added, all
three components would still have to be expanded, but roughly 7-12 years earlier.
Mr. Neumann said under normal conditions, between now and the year 2010, the City could sell on
an interruptible basis, up to 1-2 mgd to rural water. He said with restrictions under drought
conditions, it could sell 1/2 to 3/4 mgd. He said under drought conditions, water supply was the
weakest link of the 3 components of capacity. He reviewed Figure 10 as contained in the report,
Water Treatment Capacity vs. Demand, and Figure 11 High Service Pumping Capacity vs. Demand.
Mr. Neumann reviewed Water Utility Projects, Future Projects, and Estimated Costs as contained
in the Report, showing when each of the three major components would be needed with only City
demand and when they would be needed with rural water demand added. He reviewed Economic
Contributions of Rural Water Sales as contained in the Report, showing the cost of the projected
improvements with City payments only, and with rural water payments based on 1994 dollars. He
noted the latter included revenues to the year 2030 of $6,010,000 plus CIP contributions of
$1,375,000, for a net total of $7,385,000. He said in that instance, the citizens of Ames would
experience an approximate $1.3 million present-worth net benefit by selling water to rural water
districts.
Mr. Neumann reviewed amended Page 16, Projected Revenue Increases through 2010, showing how
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sales to rural water could allow the City to either buy-down water rate increases or postpone them.
He said if the City sells to rural water within the next 15 years, with no limit caps, he would project
$1.7 million extra income to the Water Utility because of sales to rural water.
There was discussion regarding this benefit going beyond dollars and cents to the landuse issues
previously discussed.
Coun. Parks said his major concern was that the City had the capacity for the length of any
agreement to sell water. He said some type of renegotiation factors or guarantee in terms of capacity
should be important factors in any contract.
Coun. Brown said she didn't think the economic benefits of selling to rural water districts was as
great as taking a leadership role in regionalization.
Mayor Curtis said the economic projections presented this evening were given under assumptions
of a "worst cast" scenario, i.e., drought, population increases. He said in order to be fair, the best
case scenario should be presented as well.
Mr. Neumann noted the figures used in his projections included selling to rural communities such
as Gilbert or Kelley.
Coun. Tedesco asked if Staff had examples of contracts used by other communities who sell water,
and if Council could be provided with copies.
Motion by Campbell, Second by Hoffman, to authorize Staff to attempt to negotiate contracts
with Xenia Rural Water District, Central Iowa Rural Water Association, and the Cities of Kelley
and Gilbert.
Vote on Motion: 6-0. Motion declared carried unanimously.
The Council discussed areas they'd like to see addressed in any contract, i.e., regional control, ability
to assess costs if infrastructure is not up to City's standards in the event of annexation.
Mr. Kindred noted the City had received a request from Dr. Prim Sahai who wished to develop a
housing complex west of the current City limits, regardless of whether City utilities are extended
to his property. He said Dr. Sahai was requesting both water and sewer service, and noted it was
a direct sale to a customer rather than a wholesale sale to a distributor. He said granting this request
could lead to requests from others in the area.
Mr. Kindred noted Dr. Sahai had expressed a willingness to have his property annexed to the City,
but there was 1/4 mile separating his property from Ames. There was discussion regarding
contacting the other property owners in the 1/4 mile area who might be interested in annexing to the
City. There was discussion regarding how a key part of this decision tied in with the Land Use
Policy Plan regarding where the City wants to grow.
Coun. Parks said he was in favor of involuntary annexation when appropriate, rather than extending
the City's utilities beyond its corporate boundaries.
Motion by Parks, Second by Brown, to direct Staff to contact property owners in the 1/4 mile
area between the City of Ames limits and Dr. Prim Sahai's property to ask what interest there
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might be in annexing to the City.
Vote on Motion: 6-0. Motion declared carried unanimously.
Glenda Bradshaw, Route 3, Ames, said she lived south of the complex being discussed. She
expressed concern about the agricultural areas in the urban fringe area, and said the City needed to
think about how it would supply water to farmers with livestock at a reasonable cost. She said
farmers with livestock cannot cut back on water like town people. She said in addition, the City
should approach rural residents about the annexation issue with a desire for "cooperation" rather
than "control."
COMMENTS: There were no comments.
ADJOURNMENT: The meeting adjourned at 8:15 p.m.
Sandra L. Ryan, City Clerk Larry R. Curtis, Mayor
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