HomeMy WebLinkAboutA050 - Council Action Form dated October 13, 2015 ITEM # 38
DATE: 10-13-15
COUNCIL ACTION FORM
SUBJECT: URBAN REVITALIZATION TAX ABATEMENT PREAPPROVAL
REQUEST FOR FIXED WINDOW EQUIVALENCY AT 2320 LINCOLN
WAY (Gilbane Development Company)
BACKGROUND:
In accordance with Chapter 404 of the Code of Iowa, the City Council has established
Urban Revitalization Areas (URAs) with plans specifying standards for types and
elements of physical improvements that provide public benefits. When property within
one of these URAs is developed, redeveloped, rehabilitated, or remodeled, the property
owner is eligible for abatement of property taxes on the incremental increase in property
value after the improvements are completed. This abatement can extend for three, five
or ten years, based on the individual Urban Revitalization Plan approved by Council.
Property owners within an approved URA may apply for tax exemption for a complete
project or preapproval for project that is planned to be built. The Gilbane Development
Company is seeking pre-approval of their mixed-use project (See Attachment A,
Location Map) with alternative methods of meeting the fixed window requirement
along Lincoln Way. Gilbane is interested in preapproval at this time to ensure that
their approach to sealing the windows along Lincoln Way is deemed to be an
approach that provides equivalent performance to the fixed window standards of
the tax abatement criteria.
Council previously reviewed the request on September 8, 2015 and declined to
accept the windows along Lincoln Way with tamper resistant screws as an
equivalent method for securing windows compared to fixed windows.
The full Campustown URA criteria are found in Attachment B. The applicant originally
sought compliance with the Mixed Use, Design Criteria, and with the mandatory public
safety elements with their request dated July 9, 2016. Staff from the Police Department
and Planning and Housing Department completed a site inspection of the building on
August 12, 2015. Staff determined through the site inspection that the project
complies with all of the tax abatement criteria with one exception to the fixed
windows standard. The installed windows only include four tamper resistant
screws per window to keep them fixed shut. Staff did not find this to be a
satisfactory design to ensure windows would not be opened as the system of
screws could easily be defeated with minimal effort and tools.
Subsequent to the September 8, 2015 meeting, Gilbane demonstrated to the Police
Chief and Planning Director a window that included epoxy sealant in the tracks of the
windows to seal the window. (Attachment C Window Example) The applicant has
provided additional information in Attachment D about their approach. The Police Chief
and Planning Director believe that the modified window with the epoxy sealant
meets the expectation of a window that would not be operable and could not be
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opened without damaging the entire window system. The windows will also be
modified to remove latches that give the appearance of it being an operable
window. The applicant desires Council's concurrence on this approach and will
immediately implement the measure to finalize the project for tax abatement
eligibility.
ALTERNATIVES:
1. The City Council can adopt a resolution to approving the sealed epoxy windows
as an equivalent measures to fixed windows along Lincoln Way for the project at
2320 Lincoln Way.
With this alternative, once all windows are sealed with epoxy and hardware
removed from the windows along Lincoln Way, the property owner may apply for
final approval of tax abatement.
2. The City Council can deny the request for approval of the window equivalency
measure at 2320 Lincoln Way.
With this alternative, the applicant would not receive tax abatement unless fixed
windows are installed along Lincoln Way.
3. The City Council may direct staff or the applicant to provide additional information
and make no decision on the equivalency of the epoxy window to a fixed window.
MANAGER'S RECOMMENDED ACTION:
The applicant believes that the adding the epoxy sealant provides the performance
expected under the URA Criteria and can be found to be equivalent to that of fixed
window. After an on-site inspection, staff is satisfied that the windows are
reasonably secured with the industrial strength epoxy and cannot be opened
without causing severe damage to the window system. The additional modifications
of eliminating the latches also help dissuade people from thinking that the window
should be able to open as it will have the appearance a fixed window. The property
owner can complete these modifications in the next few weeks.
Because of this recent modification to the windows, it is the recommendation of
the City Manager that the City Council can adopt a resolution to approving the
sealed epoxy windows as an equivalent measures to fixed windows along Lincoln
Way for the project at 2320 Lincoln Way.
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Attachment A
Location Map
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Attachment B
Campustown Urban Revitalization Criteria
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Attachment D
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Gilbane Development Company
October 7, 2015
Ames City Council
Ames City Hall
P.O. Box 811
515 Clark Avenue
Ames, IA 50010
Re: Tax Abatement Request for 2320 Lincoln Way
Dear Members of the City Council:
On behalf of GD Lincoln Way, we are submitting additional information regarding the Tax
Abatement Request for 2320 Lincoln Way. Specifically, we are submitting additional
information outlining the additional measures proposed to enhance the means by which the
windows are fixed along Lincoln Way. We respectfully request your consideration of this
information, these additional measures and reconsider the approval of the tax abatement for this
property.
Respectfully,
�Vw
Russell W. Broderick
Vice President
Encl. 2320 Lincoln Way Windows Security,Additional Measures
Attaghm nt D
2320 Lincoln Way
Windows Security, Additional Measures
Current,as installed, Fixed Single Hung Windows with Mechanical sash stops in place
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a. Fixed sash stop installed in window jamb,
b. Tamper resistant screw installed through sash stop,
c. Sash locking hardware.
Proposed additional measures: In addition to the current mechanical sash stops secured with tamper resistant
screws, the windows will be chemically fixed via an epoxy adhesive applied to the sill , hardware and sill joints.
These additional measures are permanent in nature and will enhance the mechanically fixed sash. A mock-up
of these additional measures was completed on a representative window at the property. On Thursday
October 1, 2015 Ames Planning and Housing & Police Departments met with the installing contractor and
Gilbane representatives to inspect the installation. The pictures and notes below provide a graphic depiction
of the additional measured described above.
Gilba Development Company 1
Attachment D
2320 Lincoln Way
Windows Security, Additional Measures
1. Tamper resistant screws and fixed sash stops being removed in preparation for epoxy treatment.
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A B
2. Lower window sash is fully removed during this phase of the additional measures.
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3. Denatured Alcohol is used to clean mating surfaces prior to adhesive application.
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Gib—Development Company 2
Attachm nt D
2320 Lincoln Way
Windows Security, Additional Measures
4. Self-mixing epoxy gun used for application of epoxy adhesive with 2 part epoxy product.
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5. Applying epoxy adhesive at window sill.
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6. Adhesive being applied to sash hardware.
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A B C
Gilbone Development Company 3
Attachment D
2320 Lincoln Way
Windows Security, Additional Measures
7. Additional adhesive being injected into sash-jamb joint. Adhesive is visible when you look down into
the window joint. Note: Lower sash is reinstalled at this phase.
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A B
8. Bottom sash of window is closed into glue bed -causing adhesive to be thoroughly applied to both
mating surfaces.
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9. Sash stops being reinstalled in window jamb with tamper proof screws.
Gib—Development Company 4
Attachm nt D
2320 Lincoln Way
Windows Security, Additional Measures
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Note the sash locks are left in place during the glue curing phase only to provide more down pressure on the
glue joint to assure a good seal and adhesion.They are removed in the finished application (see Item 10.)
Gilbane Development Company 5
Atta�hcm nt D
2320 Lino
�n Way
Windows Security, Additional Measures
10. Completed epoxy adhesive application—all sash stops and tamper proof screws are reinstalled and the
sash locks removed.
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Gllbone Development Company 6