Premeeting comments on Ames City Council agenda June 23th, 2009

This council meeting's agenda is relatively light this Tuesday. The Meeting starts at 7:00 pm.  The agenda includes:

• Item 40 -- Gas Franchise Ordinance with IPL (eminent domain).  At the June 9th council meeting the city staff asked for direction from city council regarding several issues being negotiated with Interstate Power and Light Company (IPL) franchise agreement (see staff report) . Of those issues, I have received several questions regarding the city of Ames giving the IPL Company the ability to condemn property for IPL's use (the right of eminent domain) in the city of Ames. The council passed a motion on the 9th indicating to staff that bestowing eminent domain power to IPL was acceptable. The motion passed  on 4 to 2 vote.
  
  I did not vote in favor of the motion to give IPL eminent domain. I feel that the taking of someone's property against their will is an extreme measure. The tool of eminent domain should not be used by an entity that is not directly accountable to the citizens of Ames. The Council is accountable to the people through the voting booth (and your emails and phone calls). Corporations are not. The ordinance to be voted on first reading this Tuesday does bestow eminent domain power to IPL.
  
  I have been asked the following questions by constituents:
  

  
  Q - Can the agreement be put to a vote of the citizens of Ames.
  A - Yes. The council can have the franchise agreement voted on by the citizens of Ames. If the council does not move to a referendum, the citizens may initiate a referendum by a petition of signatures totaling 10% of the last municipal election turnout (about 500 signatures, check with county auditor for exact number).
  
  Q - Who pays for the election.
  A - By Iowa code, IPL would pay for the election.
  
  Q - When can signatures start to be collected.
  A - Signatures can start being collected now.
  
  Q - When are the petitions due?
  A - It is a bit unclear exactly when they are due. The best information I have at this point is that it would be best to have them turned in by the final reading of the franchise ordinance (the third reading). Barring the council suspending the rules, the likely  earliest third reading date would be July 28th.
  
  The section 364.2 of Iowa code deals with city franchises. Please refer to the Iowa code for authoritative answers to your questions.
  

• Item 44 -- Energy Efficiency and Conservation Block Grant Application. The report reflects the prioirties set by council for the spending of the $544,000 of federal stimulus money.
  

Jim Popken
City Council At Large

Disclaimer: My intent of this communication is to give you a heads up on items coming to the city council. I may state some of my impressions and leanings here. I will, however, try to avoid staking out a position on issues before the council meeting occurs. I feel that I should avoid committing to any positions until I have heard and considered all the public input at the council meeting before a vote.

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