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HomeMy WebLinkAboutA007 - portion of minutes from February 28, 2006 meeting a o � According to Council Member Mahayni,it is not a coincidence that the Land Use Policy Plan is also referred to as the Comprehensive Plan. The reason is because many dimensions are looked at when you develop the Comprehensive Plan. The danger, as he sees it, is when nit- picking occurs on certain issues and adjusts those issues, ignoring the totality of that Plan;the original intention of that Plan then disappears. Mr. Mahayni pointed out that the City spent seven years developing the LUPP, and a major theme in that Plan is the fact that Ames is a regional center. What he is now hearing is a suggestion to ignore that completely — that changes the totality of the Comprehensive Plan. To nit-pick at certain pieces of the Plan destroys the totality of the Plan and what has been accomplished to date. Council Member Doll agreed that Council set a major goal to commit to the long-term plan.He asked if the proposal for a regional center goes through and is developed, would the Council be committed to the long-term plan and not allow the land surrounding it to be changed from Industrial. Vote on Motion: 4-2. Voting aye: Doll, Goodman, Popken, Rice. Voting nay: Goodhue, Mahayni. Motion declared carried. Council Member Goodhue asked to know the timeline of the referral. Mr. Rice said he was hoping that it would be as soon as possible due to the nature of the agreements. He pointed out that staff"would not have to re-write much,because it's all been said before." Mr. Schainker indicated that it would be as soon as possible. PUBLIC INPUT ON RETROFIT SPRINKLER ORDINANCE: Chief Clint Petersen gave a brief overview of the pending Ordinance. Members of the public had been invited to participate in a review of the Ordinance. The Chief indicated that he does oppose allowing ten years for implementation of this Ordinance. He advised that public input will again be allowed at first reading of the Ordinance, tentatively set for March 28, 2006. If passed as proposed, the effective date of the Ordinance would be April 2011. Chief Petersen said that he does believe there is room for some compromise. A lot of emphasis has been placed on construction occurring in the summer periods,so if the Ordinance read that it would be effective by August 2011, that would add an additional summer to the process and give six summer periods to participate. Bruce Boeke,311 Schubert Circle,Ames,representing the Adelante Fraternity on Welch,spoke in opposition to the proposed Ordinance. He believes that the Fire Chief left out several important items that don't support his position. There are not a lot of fire-related fatalities occurring in sororities/fraternities. There are others considered campus-related, but not necessarily fraternity or sorority, but those buildings would not be included in the proposed Ordinance. Costs are also not discussed. The lowest estimate for this Fraternity was$60,000, which would necessitate the refinancing of the house. Mr. Boeke said he believed that sprinklers would be safer,but he doesn't think it's worth the money. According to the memo written by the Fire Chief, Iowa State has implemented a plan to retrofit its dormitories. Mr. Boeke checked with the Department of Residence(Dave Butler),and he indicated that there is 13 no such plan. According to Mr.Boeke,when ISU does maj or 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 14 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 15 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. Stephen 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, 16 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 17 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 18