HomeMy WebLinkAboutA006 - portion of minutes from February 14, 2006 meeting doGt c fW
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no such plan. According to Mr.Boeke,when ISU does major remodeling,e.g.,Buchanan Hall,
they put in sprinklers; otherwise,they do not. Mr. Butler told Mr. Boeke that there is no plan
at this time to install sprinklers in Friley Hall. In addition,Iowa State has just announced that
they are going to open Wallace Hall, which is a high-rise, without sprinklers. Iowa State
professes to be in favor of the proposed Ordinance, but their actions don't prove that. It was
also pointed out by Mr.Boeke that the Fire Department's request for three new fire fighters was
not approved by the City Council. Three additional fire fighters would improve fire safety in
the City of Ames. The only difference would be that fraternity/sorority money would be spent
to increase fire safety in Ames, instead of City taxpayer money. He encouraged the City
Council to oppose this ordinance. Mr.Boeke discovered that there has been federal legislation
proposed,which although it didn't pass last year,would provide funding for adding sprinklers
in dorms, fraternities and sororities. He believed that this issue should be left to a governing
body that actually has some funds behind it.
Kiel Opperman, 140 Lynn, Ames, advised that he is a member of the Sigma Alpha Epsilon
Fraternity. That Fraternity is planning on putting sprinklers in their house at a cost of
approximately$180,000. Mr.Opperman indicated that they are fortunate to have very generous
alumni;however,there are other houses that are not so fortunate. Mr. Opperman believes that
those houses may need at least five years to come into compliance.
Allyson Walter, 1015 Kennedy, Ames, representing the constituencies that support the
Sprinkler Retrofit Ordinance,including the Greek Alumni Alliance,as Vice-President;as Past-
President of the Ames Alumni Panhellenic Council; and as a community representative on the
University Committee for Fraternities and Sororities. She advised that the Greek Community-
governing entities and stakeholders support the Ordinance as a necessary safety measure
contingent upon: (1) Tax abatement for congregate housing to be passed prior to or
accompanying the Ordinance; (2) Implementation deadline would be no less than five full
summers from the passing of the Ordinance (August 2011); (3) Consider providing tax
abatement incentives for chapters to retrofit in five years,but to provide a deadline of ten years
total, with the understanding that there would be no tax abatement incentive for the chapters
retrofitting in Years 6 through 10.
Linda Doyle, 1406 Curtiss Avenue, Ames, advised that she was the CEO of Northcrest
Community, a life-care community in Ames. Sprinkler systems are required in both the
healthcare center and the Heartwood House. However,Northcrest Board of Directors decided
that it was their moral obligation to install sprinklers in the independent-living apartments as
well. In the late 1990's,they began the retrofitting process; it was not an easy project nor was
it inexpensive. It required a great deal of cooperation on the part of the residents and the
retrofitting company, but it was a very worthwhile project.
Jenn Plagman-Galvin,2017 Country Club Boulevard,Ames, spoke as Greek Affairs Advisor.
One piece of information learned is that it will be much more expensive than originally thought
to retrofit their structures. They have also realized that the tax abatement is not as great a
resource as originally thought. The financial concern is a heavy burden. Ms. Plagman-Galvin
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said they fear the loss of chapters relative to the financial implications of implementing this
ordinance. The University's platform is such that they recognize the high-risk lifestyle of the
students living in the facilities. They understand the frequency of fires and the history of close
calls at Iowa State. They also realize the total financial impact of retrofitting 27 facilities at an
estimated cost of$80,000 to$180,000. However,safety is the No. 1 concern of the University,
community, and parents who send their students here for four or more years. The University
does support the Ordinance as long as there is tax abatement passed prior to or with the
ordinance for congregate housing and that there is allowed a minimum of five full summers for
implementation.
Cortney Schram,302 Ash Avenue,Ames,representing the Delta Delta Delta sorority,said that
she was representing over 1,000 women in the Greek Community. They are not supportive of
unfunded mandates. Each of their facilities has between 27 to 88 residents, and the main
funding comes from the students. That is one of the main reasons why they are not supportive
of the Ordinance if there is no tax abatement. Ms. Schram said they also recommend allowing
five to ten full summers for implementation.
Beverly Madden, 2815 Oakwood Road, Ames, advised that she was speaking for Youth &
Shelter Services and the Greek System. Ms.Madden pointed out that some houses have as few
as 27 members; those locations would need additional time to comply. She also suggested
extending the tax abatement to between five and ten years so as to make it possible for more
to comply. Ms. Madden said that it was important to recognize that the City does a very
comprehensive annual fire inspection. Pertaining to Youth and Shelter Services,Ms. Madden
advised that Rosedale Shelter and the 712 House would not be included in the proposed
ordinance because they house fewer than 16 people. Their Facilities and Risk Management
Committee would like to voluntarily comply with the proposed ordinance for those two
residences. The license capacity at the Youth Recovery House is 25;however,due to funding
cuts,only 15 residents are housed there. It would not be covered by the Ordinance at this time,
but for the safety of those residents,YSS would like to voluntarily comply with the ordinance
for that facility. The problem is that it is cost-prohibitive for YSS to comply with the proposed
ordinance. Ms. Madden stated that the Youth Recovery House is operating at a significant
deficit due to state funding cuts. YSS requested that the City Council consider making funding
available for non-profit agencies to allow them to comply with the ordinance.
Courtney Knupp, 208 Ash Avenue, Ames, speaking on behalf of the Collegiate Panhellenic
Council, reiterated that risk management was one of the number 1 priorities for all their
councils. They have created a Five-Year Strategic Plan to govern the Multi-Greek Council,the
National Panhellenic Council, the Interfraternity Council, and the Collegiate Panhellenic
Council. Under Risk Prevention, one of their five main topics is the implementation of
sprinklers. The reason that they are requesting ten years is due to the cost of the program. They
do not want to lose some of the chapters due to the financial implications of this Ordinance.
Andrew Nelson,219 Ash Avenue,Ames,speaking as the Interfraternity Council President,said
he represents over 1,200 men who will be directly affected by this Ordinance. He advised that
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he was also a member of Theta Chi Fraternity, which burned to the ground in 1996. In 1996,
the cost was $40,000 to put sprinklers in a new house. Mr.Nelson stated that he supported the
five- to ten-year timeline.
Stephen Jones, 30530 Doe Circle, Huxley, said he was representing the Delta Tau Delta
Fraternity House Corporation as its President. Mr. Jones indicated total support of the
ordinance. They were planning on renovating for sprinklers anyway. He stated that they just
received the annual property insurance statement. Their structure was built in 1952, and they
have a 56-person capacity house. Mr. Jones shared that their property insurance costs
$14,000/year. They will save 50%of that premium the first year and 30%every year thereafter
if sprinklers were installed. Even if they finance the cost of retrofitting,the savings in property
insurance would nearly pay to amortize that loan over a 15-year period. He believes that there
are ways, financially, to comply.
Steven Howell, an attorney with the Newbrough Law Firm, representing University Towers,
I I I Avenue, Ames, pointed out that University Towers is the only commercial building that
would be affected by this Ordinance. The conservative cost to retrofit this facility is over
$600,000 due to the structure being primarily concrete. The only way to raise the funds would
be to raise the rental rates, and in today's economy, that is simply not possible and stay open.
Due to the composition of the structure,fires are very infrequent. They have had one fire in this
facility in 40 years,which was put out with a fire extinguisher. There are fire extinguishers on
every floor. Mr. Howell applauded the efforts of the City to make the community safer, but
pointed out that all risks cannot be eliminated. Due to the overwhelming cost of retrofitting this
facility,it would put an undue burden on just this one building. There are no dropped ceilings,
so pipes could not be run there. It would also mean the pipes would be exposed, leaving the
facility much less aesthetically desirable. This facility does have a dry-pipe and a wet-pipe
system in place,but that does not meet the requirements. Mr.Howell asked the Council to only
approve the Ordinance if tax abatement were going to be approved as well.
Phil Mueller,3313 Frederiksen Court,Ames, said that he was speaking as a concerned citizen
and student of ISU. One argument that has been raised is a concern that when fire alarms go
off, no one reacts. His concern is over the impaired evacuation capability, and he suggested
expanding the ordinance to some level to include buildings housing fewer than 16 residents.
Mr. Mueller is also concerned about University housing and its impact on the Greek
Community. It will result in additional costs being borne by students. ISU students already
carry the most debt of students in the state, and this would create an even higher financial
burden. He doesn't want those students to go elsewhere.
Chief Petersen informed the Council that I I I Lynn has one sprinkler head in the garbage
collection area. He defined dry pipe systems,which must be activated by the Fire Department,
and wet pipe systems.
After being asked by Council Member Rice, Chief Petersen advised that there is an adequate
number of contractors in this area to conduct this type of program within a two-year timeframe,
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but a two-year timeframe would put fraternities/sororities at a disadvantage as it would not be
enough time to raise funds.
Council Member Doll noted that it appeared that students were being singled out. Chief
Petersen explained that staff is attempting to bring an ordinance forward that, first of all,
matches the resources of the Ames Fire Department with the perceived risk. They are looking
at how the fire fighters can be most effective. Also, they are attempting to bring the Council
the smallest number of units that they think can be successful in implementing the ordinance;
this would affect 325 occupancies out of 10,887 registered rental units in Ames. City Manager
Schainker pointed out that one of the criteria was high hazard.
Council Member Popken asked how staff determined physically impaired residents living in
a building. Chief Petersen told how staff determined the number of residents who could be
evacuated (who could not self-evacuate). If staff doesn't know, then they will test with an
evacuation drill. If those results vary from what the property owner thinks,they have a right to
appeal the decision of the Fire Chief to the Building Code of Appeals.Mr. Popken pointed out
that Section 8 housing does not receive the incentive. Chief Petersen pointed out that the
present number of Section 8 renters and identified sites could change as subsidized housing
vouchers move with occupants. The market in Ames is such that there is available housing,
which contains sprinkler systems,to absorb those renters.
Ex officio Member Borich asked if the City's existing Urban Revitalization Program would
apply to the University-Impacted Area. Mr. Schainker indicated that abatement was
recommended in the East University-Impacted Area as an incentive for fraternities/sororities
when they made improvements; however, there are some fraternities/sororities outside of the
Area and there are also non-fraternities/sororities that are requesting abatement. If the City
Council directs,the concept may be broadened to include all fraternities/sororities/other entities
no matter where they are located. Council Member Mahayni pointed out that the same issues
apply to non-profit agencies. Council Member Goodhue said that,according to the staff report,
the ordinance does not impact any non-profit agencies. Chief Petersen advised that the
ordinance would affect Roy Key Apartments, which is run by the Ames Ecumenical Society.
Moved by Goodhue,seconded by Popken,to change the text of the ordinance to allow six full
construction cycles, to September 1, 2011.
Council Member Doll asked if tax abatement would be included only for five years or a full ten.
City Manager Schainker explained that the abatement issue is different than the deadline. Also
he wanted it understood that abatement is not guaranteed; it must increase the value of the
building. Council Member Doll requested that the required compliance date be ten years,but
that the tax abatement only be valid for the first five years.
Council Member Goodman indicated that he opposed this ordinance because it treats people
differently. He reminded the Council that they just refused to make this community safety with
more fire fighters because they did not see the cost/benefit analysis. Mr. Goodman feels that
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the organizations should be allowed to make decisions;City Council should not mandate them
as government oftentimes increases safety at the cost of the people. He pointed out that if
buildings don't have sprinkler systems, the risk is higher; "that is not such a confusing
decision," and it should be left to the people.
Vote on Motion: 4-2. Voting aye: Goodhue, Mahayni, Popken, Rice. Voting nay: Doll,
Goodman. Motion declared carried.
Moved by Goodhue, seconded by Popken, to direct staff to determine options of categories
(e.g., high-rises, fraternities, sororities) to be covered under the tax abatement.
Vote on Motion: 6-0. Motion declared carried unanimously.
The meeting recessed at 9:05 p.m. and reconvened at 9:12 p.m.
OPERATION PLAYGROUND: Kelly Howard and Mianne Gillam, VEISHEA Community
Involvement Co-Chairs,and Jenna Thompson,Operation Playground Co-Chair,described their
plan to construct a playground at the Beloit Residential Treatment Center. They are requesting
$3,000 in cash and$1,700 in in-kind work from the City's Parks&Recreation staff to prepare
the site. Ms. Howard and Ms. Gillam detailed the City's past involvement in Operation
Playground. Ms.Howard explained that the playground is not visible from the street;however,
it is not enclosed, so there is the possibility of others using it; they are discussing that with the
representatives of Beloit. The title sponsor has not yet been secured. Beloit has agreed to
contribute $7,000.
Moved by Mahayni,seconded by Popken,to adopt RESOLUTION NO. 06-072 approving the
request for$3,000 in funding,out of Contingency Reserve,towards this project and authorizing
Parks&Recreation staff to prepare the site by laying out the equipment and drilling the holes
to support the structure.
Council Member Popken pointed out that in the past City funds have been allocated to projects
on private property, but in general, there is public access. To fund this project would be an
exception rather than the rule. Council Member Mahayni pointed out that this project is on
private property, but it is a non-profit agency.
Council Member Goodhue said that it is very important for Operation Playground to raise the
remainder of the money.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON AMENDMENT TO PLANNED RESIDENCE DISTRICT DEVELOPMENT
PLAN/MAJOR SITE DEVELOPMENT PLAN FOR WESTWOOD VILLAGE:Planner Ryan
Heiland summarized the modifications. The overall changes primarily address Buildings A and
B on the subject site as well as drive aisle reconfiguration. Building A, adjacent to Marshall
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