HomeMy WebLinkAboutA018 - Packet of miscellaneous correspondence to Planning and Housing C. Stassis
Professor of Physics and Senior Physicist, Ames Laboratory (retired)
3970 North Dakota Avenue
Ames, Iowa 50014
12 August 2009 _ .
Jeffrey D. Benson, Planner
IVE®
City of Ames
Department of Planning and Housing qU 6 1 3 009
515 Clark Avenue
Ames, Iowa 50010 CIS OF AMES,IOWA
PT O PLANNING &HOUSING
Dear Mr. Benson,
I would like to bring to your attention some additional information concerning the proposed
Northwood Heights Subdivision, 4th Addition (hereafter referred to as 4th Addition).
(1) On July 9, 2009, Mr. Janssen conducted a new survey of the road and the boundary
separating my property from the proposed 4th Addition and'the Northwood Heights 2"d
Subdivision (hereafter referred to as the Association). The results were in agreement with those
obtained by Mr. Janssen in 2005 and those of other surveyors in 1994 and 1968. 1 list below
some of the results, which further illustrate the well-documented fact that this road is a serious
safety hazard to the residents and the public.
The road is only 16 feet wide(paved with 3 '/2-inch thick asphalt), although the minimum City of
Ames and Story County requirements are 26 feet wide (6-inch thick asphalt)and 22 feet wide (6-
inch thick asphalt), respectively. Even in its straight stretches this road is very dangerous for two-
way traffic, especially at night, since there are no lights to illuminate it. Furthermore, the road is
traced so improperly that it is not totally contained within the right-of-way and in some places it
encroaches onto the lots (Attachments 1, 2, 3, 4). In particular, 200th Street shifts considerably to
the south and towards Mr. Henson's(lot 17)and my (lot 18) properties. Specifically, at the west
end of lot 18 the northern edge of 200th Street is 56 inches from the center line of the right-of-way
and at the east end of lot 18 (a distance of 236 feet from the west end)the northern edge of 200th
Street is 18 inches from the center line of the right-of-way!As a result of the road's
misalignments, the horseshoe bend in the east is an especially hazardous stretch of road at any
time and even more so under icy conditions. The fact that this road is totally inadequate for
emergency vehicles, such as ambulances and fire trucks, is especially worrisome to some
residents and neighbors. In 2005, a fire set by a neighbor(burning garbage under windy
conditions) propagated through my property and was stopped at my lawn, thanks to the effort of
three fire departments (Gilbert, Story City, and Kelley), otherwise it would have destroyed my
home and most probably at least those of Mr. Thielen and Mr. Schwager.
Page 2
12 August 2009
Jeffrey D.Benson,Planner
Those in charge of the Association were aware of the above mentioned serious safety concerns
before the road was paved and at least as early as 1988 (the year I purchased my property,
including lot 18, which automatically made me a member of the Association), since many
residents, including myself, brought them to their attention. The above mentioned problems were
brought to the attention of those in charge of the Association and the owner of lot 19 (Mr. and
Mrs. Gelina) again in 1996 (Attachment 1) and in 1998 (Attachment 2) before this road was
paved. In 1999, the Association decided to pave the road with the assurance of Mr. Gelina
(owner of lot 19)that if and when he decided to develop this lot the road would be improved to
meet the City of Ames and County requirements (Attachment 5)fully cognizant that they were
violating the City and County Ordinances, indifferent to the safety of the residents and public, and
disregarding the objections of many residents, including myself. After this decision, I decided to
withdraw from this Association at any cost and did so the same year(1999 Amendment to the
Association's Restrictive Covenants). The same concerns were raised in 2005 by both the
County and City of Ames (Attachments 3,4). With all respect, Mr. Benson, I am astonished this
Association and the developer have the audacity to request a waiver of the City's infrastructure
requirements regarding this road. They again show total disregard for the safety of the residents,
neighbors, and the general public.
It is also extremely important to note that the north ditch of 200'h Street and the entire outlot A, the
main drainage area of lot 19, are shifted considerably to the south and towards Mr. Henson's (lot
17)and my properties. It is, therefore, not surprising that during flooding conditions, typically
occurring in the spring, a considerable amount of contaminated groundwater is discharged into
our properties and eventually into the pond on my property. This is a serious health hazard, since
some of us do work on our properties and use wells for drinking water; it is especially hazardous
for children who venture into this pond chasing frogs, fishing, swimming, and even skating in the
winter. I do not wish to emphasize the fact that this pond is frequented by deer, ducks, geese,
and even great blue herons, since those in charge of this Association and the developer have
never been bothered by environmental concerns.
(2) If my information is correct, the Association has amended (or is in the process of doing so) its
Restrictive Covenants(in force until 2013)to allow lots of less than two acres in lot 19, which was
explicitly prohibited by the Covenants. This raises additional and serious legal issues involving
not only the neighbors but also members of this Association, which I am neither qualified nor
willing to discuss at this point. It is important, however, to note that from all the members of this
Association only one(Mr. Henson, owner of lot 17) is directly affected by the proposed 4'h
Addition.
Page 3
12 August 2009
Jeffrey D.Benson,Planner
(3) 1 understand from the minutes that none of the neighbors or members of the Association were
present at the May 6, 2009 meeting of the Planning and Zoning Commission of the City of Ames.
Personally, I did not receive notice of this meeting either from the developer, the Association, or
the Planning and Zoning Commission. Although we were given only six working days notice, the
June 1, 2009 meeting of the County Planning and Zoning Commission was much better attended.
Since the minutes of this meeting are not yet available, I enclose for your information, an official
recording of the meeting.
The serious public safety and health concerns raised under(1)were not presented to the
Commission in the May 6, 2009 meeting, mainly because of the incomplete and sometimes
misleading information provided to the Staff by the applicant. Neither were these issues raised by
the Staff in the June 1, 2009 meeting of the County Planning and Zoning Commission. I hope
that you will see to it that these matters are discussed by the Council of the City of Ames. In my
opinion, even if the developer decides to follow the recorded official plat of the 3`d Addition, the
City of Ames should not waive its infrastructure requirements for this road. After all, "the
provisions of the City Regulations are the minimum requirements for the promotion of the public
safety, health, and general welfare."
I take this opportunity to sincerely thank you and the Mayor of the City of Ames for listening to our
concerns regarding this development.
Respectfully yours,
C. Stassis
Cc:Ann Campbell, Mayor, City of Ames
Attachments:
1. January 22, 1996 letter of Mr. Wooldridge, county planner, to Mr. Gelina.
2. December 1998 letter of Mr. Byg, municipal engineer, to Mr. Heddens, secretary of the
Association.
3. 2005 Story County Staff Report.
4. August 8, 2005 Proceedings of the Story County Board of Supervisors.
5. Minutes of the April 6, 1999 meeting of the Association.
February 22, 1996
Bob Gelina
2935 Ridgetop Rd
Ames, IA 50014
Dear Mr. Gelina:
This is in response to your recent inquiry to this,Office concerning Northwood Heights 2nd
Subdivision. You asked about paving the road and if the County would pay for all or part.
The road in the subdivision is a private road owned by the homeowners and it has not
been policy for the County to maintain and/or improve private roads.
It is my understanding that the road is 16' in width. I assume that this was the original
width when it was first developed in 1968. . This predates the County's Subdivision
Regulations which has the present standard for a new subdivision road to be 22' of
hard surface paving. The road width would be " randfathered" in and accepted as it
exists. I do have concerns about the placement.of the r-6--a-d in respect to adjacent
properties. An aerial of the subdivision shows that the road is not totally contained within
the right-of-way and in some places it encroaches onto the lots. This could cause
problems if Lot 19 was split into two pieces. A Plat of Survey would have to be created
and the misalignment of-the road could cause concern for a potential purchaser. Also,
if the road was hard-surfaced at its present location the misalignment would basically be
permanent.
If the homeowners want to pave the road, I suggest that the misaligned portions of the
road be brought into the road right-of-way. This should be done in accordance with a
survey done by a Registered Land Surveyor. I would also suggest that for an alternative
surfacing, you may want to consider sealcoating. This would be less expensive than
asphalt or concrete.
If you have further questions, please contact me.
Respectfully,
Ronald R. Wooldridge
Planner
cc: County Engineer
Assistant County Attorney
SUBDIVISION STREETS SPECIFICATIONS
Public Works Department
C-ing P-P 515 Clark Avenue,,Ames, Iowa 50010
Quwaa�UVProB,
F—Prtond servrce Phone 515-239-5160 A Fax 515-239-5261
December 28, 1998
Jeff Heddens, Secretary
Northwood Heights 2"d Subdivision Homeowner's Association
4541 513`'Avenue
Ames, Iowa 50014
Dear'Mr. Heddens:
As we understand it, you are proposing to seal coat the existing 16' wide gravel lane
Mgth ) that was constricted when Northwood Heights 2" Subdivision was
platted in 1968. This does not meet City of Ames standards for paving in new
subdivisions. However, the City of Ames has no means to force you to comply with
the standards for paving in new subdivisions.
If Lot 19 of Northwood Heights 2"d Subdivision is developed as another subdivision,
the City of Ames and Story County subdivision ordinances,will require that "q1h
be paved with asphalt or concrete a minimum of 6" thick and 22' wide within
the boundary of that -new subdivision only. The City may require additional
pavement thiclaless and/or width if traffic volumes -generated by the development
exceed 750 ADT.
Please be aware that these requirements may be added to or changed in the future by
Story County or the City of Ames.
If you have any questions about this letter please call. My phone number is 239-
5163.
Sincerely,
y�
Jerald N. Byg, P.E.
Municipal Engineer
JNB/dwj
+l„COG�yt� STORY COUNTY PLANNING AND ZONING COMMISSION
y.:� � '�, STAFF REPORT
DATE OF MEETING: July 25, 2005
AGENDA ITEM: V1.1
SUBJECT: SUB01-04, Northwood Heights 3Id Subdivision — Preliminary ,
Plat
APPLICANT: Robert and Bonita Gelina
2935 Ridgetop Road
Ames, IA 50014
LOCATION AND SIZE: The subject property contains 21.77 gross acres and is
generally located at the SE corner of the intersection of 199th
St. and North Dakota Avenue, in the Northwest fringe of the
City of Ames, further described as follows:
Lot Nineteen (19) and Sublot.One (1) of Lot Nineteen (19),
Northwood Heights Second Subdivision in the Southwest
Quarter (SW1/4)of Section Twenty (20), and the Northwest
Quarter(NW1/4) of Section Twenty-nine (29), in Township
Eighty-four (84) North, Range_Twenty-four (24).West of the
5th P.M., Story County, Iowa, EXCEPT Parcel "A" of Sub lot 1
of Lot 19, Northwood Heights Second Subdivision, Story
County, Iowa, as shown on the "Plat of Survey" filed in the
office of the Recorder of Story County, Iowa-, on the 9th day
of July,, 1997, and recorded in Book 14 at Page 244.
NUMBER OF
PROPOSED LOTS: Two development lots, and one lot for drainage / open
space.
ZONING: R-1 Residential
BACKGROUND/ANALYSIS
Page 1 of G
At the March 22, 2004, meeting of the Story County Planning and Zoning Commission,
the preliminary plat was remanded back to the applicant and staff for further review to
address concerns noted by staff and to address road issues. The following were
concerns summarized in a letter to the applicant (dated March 25, 2004) from the
County Staff at the time of.t),.e initial application:
1. While many subsurface features have been indicated on the plat, no electric transmission
line(s) is shown. These lines, if they exist in the vicinity of the proposed subdivision, need
to be shown on the preliminary plat. It was also mentioned at the Commission meeting
that an agricultural tile cross lot 19; if location of this is known, please show on the face of
the plat as well.
2. While a vicinity sketch is shown on the plat, the scale of the sketch is not indicated. The
subdivision regulations require that the scale of the sketch be not more than five hundred
feet to the inch. Please include a scale with the vicinity sketch.
3. While the use of the existing road (199t'Street and 2001h Street)within an easement
created for Northwood Heights Second Subdivision is already dedicated to the public,
some additional land is proposed.to be dedicated to public use to accommodate errors in
the actual placement of the road.These instances occur near the curves of the road at
the east side of the proposed subdivision. Given the past confusion on the location of the
easement versus the location of the constructed road, please provide legal descriptions
for the additional easement segments on the preliminary plat.
4. Only correspondence from Midland Power Cooperative was submitted, and it does not
clearly indicate the company's ability and willingness to serve the proposed subdivision.
Please re-submit written commitment by Midland to provide'service to the proposed
development, as well as written commitment by other utility providers, as applicable.
�- 5. Presumably, the subdivision will be obliged to conform to the restrictive covenants of
Northwood Heights Second Subdivision. Please provide applicable covenants (draft)for '
the proposed subdivision, indicating any new restrictions as shown on the face of the plat,
such as parking limitations,which would indicate a need for additional or amended
restrictive covenants. '
6. Please provide written confirmation from Xenia Rural Water indicating that it will serve the
subdivision.
7. Please address concerns noted by Don Nolting in his memo to Aaron Steele dated March
22, 2004, (enclosed for reference).
8. Please include a statement on the face of the'final plat prohibiting the further division of
the lots for the creation of additional development lots.
9. Proposed Lots 7 through 12 all face on a block that is longer than 1,320 feet. This
problem may be resolved either by reducing the width of the residential block by one lot to
meet the requirement, or by successfully petitioning the Board of Supervisors for a waiver
to this particular standard. A waiver request would also require a recommendation by the
Planning and Zoning Commission. Please submit a written waiver request(please see
the enclosed application form)with revised plans.
10. Lots 11 and 12 are constrained by wet soils and may require additional expense to
prepare and manage for residential construction. The table submitted by the applicant
summarizing soil conditions and limitations should be adequate to bring this to the
attention of potential lot buyers if included on the face of the final plat. However, there are
discrepancies between._the_information.in the table.and_the results of the:stafF's:review of
the USDA Soil Survey, particularly for Lot 12. Please coordinate this review work with
County Sanitarian, Don Nolting, to provide the most accurate information possible. This
information should also be added to the face of the plat.
11. The preliminary plat does not contain building lines for each lot as required. The required
setbacks, however, are stated on the face of the plat. Building lines need to be added to
the face of the preliminary plat.
z 12. Please submit information regarding the existing rates and volumes of runoff, expected
Page 2 of 6
4cl��C�AA4+e J
BOARD PROCEEDINGS (G(0)PY
08/0905
The Board of Supervisors met on 08/09/05 at 9:30 a.m.in the Story County Administration Building. Wayne Clinton,and
Don Toms present,with Chairperson Halliburton presiding. Toms moved,Clinton seconded to approve the consent agenda to
add to item#1 "Consider approval of Minutes of the meetings on 7/26/05 and 8/02/05" as follows:
1. Minutes of the meetings on 7/26/05 and 8/02/05
2. Personnel actions; ])new hire in a)Facilities Management effective 8/22/05 for Ron Tjelmeland @$1,072.43/bw;
b)Treasurer effective 818/05 for Marsha Underberg @$1.,049.60/bw;2)Re-evaluation of Position in CLP effective
8/21/05 for Maria O.Grieser @$10.28/lir
3. Claims of$393,251.39(run date 08/09/05,27 pages,on file in the Auditor's Office)and authorize the Auditor to issue
warrants in payment of these claims and payment requests from Emergency Management Agency($6,729.70), .
County Assessor($1,412.22),City Assessor($8,074.41),E911 Surcharge($2,298.15),School Ready($9,522.58),TANF
($6,952.75),Drug Task Force($0)
4. Grant from the Governor's Traffic Safety Bureau/State of Iowa for the equipment,training,education materials and
overtime for Story County beginning 10/01/05-09/30/06
5. Professional Consultant Service Agreement with Donna Scherr effective 7/1/5-6/30/6
6. Agreement with Associated Computer Systems LTD for ISeries Hardware Maintenance 7/1/5-7/1/06 for$789.51
7. Agreement with CSI,Inc.for annual printer maintenance 7/1/05-6/30/06 for$1,225.00
8. Software sub-license agreement with Noridian EDI Support Services effective 6/1/05
9. FY106 Provider and Program Participant Agreement with the following Mental Health Providers: Abbe Center for
Community Mental Health-Evaluation—.Psychiatrist@$244.00/hr; Medication Management @$61.00/15 min.;
Evaluation—Therapist @$130.00/hr;Individual Therapy @$11 0.00/hr;Group Therapy @$50.00/hr; Day
Treatment Services @$30.00/hr;Community Support Programs @$55.00/hr
10. Secondary Roads utility permit#06-14,Iowa•Telecommunications request permission to occupy certain portions of
public right-of-way to establish the location of lines of communications on E41,from North and South,a distance of
100 ft.
11. Secondary Roads road closure#06-06,to approve the road closure for the purpose of culvert replacement on 270t"
Ave.between county road S14 and 19`.'St.,Nevada. Road will be closed until Aug.3,2005. Nevada,Township,
Section 29. Road closure#06-07,to approve the road closure for the purpose of culvert replacement on 340"'Ave.
between 6901'Ave.and Highway 65. Collins Township,Section 32. Road closure#06-08,to approve the road closure
for the purpose of extension of time from 8/3/05-8/12/05 for culvert replacement on 340"'Ave.between 690'11 Ave. and
Highway 65. Collins Township,Section 32.
Motion carried unanimously(MCU)on a roll call vote.
THIRD AND FINAL CONSIDERATION OF ORDINANCE#146,rezoning certain lands under the ownership of the Burnis
Crawford Estate(commonly referred to as the Crawford/Brown Rezoning)located in Section 7,Township 84 North,Range 24
West(Franklin Township)from A-1,Agricultural to A—R,Agricultural Residential. Leanne Harter,Director of Planning&
Zoning, reviewed the information from the Board meeting of 8/02/05 regarding differences between the Planning&Zoning
Commission recommendation and Staffs recommendation. The revised recommendation; remove the limitation of 5
developmental lots,and additional future lots with alternatives as recommended by the Planning&Zoning Commission; and
approve the petition to amend the zoning districts to A-1,Agricultural to A-R,Agricultural Residential. Staff recommended
approval of Ordinance#146 on 3'd and final consideration. Halliburton opened the public hearing @ 9:32 a.m.,hearing no
further comments closed the public hearing @ 9:33 a.m. Clinton moved,Toms seconded approval with additional conditions
on 3rd and final consideration. Roll call vote. (MCU).
FIRST CONSIDERATION OF ORDINANCE#147,rezoning certain lands under the ownership of Lincolnway Energy LLC,
located in Section 3,Township 83 North,Range 23 West(Grant Township)from A-1 Agricultural to A-2 Agricultural.
Leanne Harter;Director of Planning&Zoning,reported that this is to construct railroad siding along the northerly portion of
the property,to serve the ethanol plant,currently under construction. A strip of land runs parallel with the railroad. The
property is located within the two mile boundaries of the City of Nevada and the City of Ames. Application materials were
submitted to the two jurisdictions. On Monday,July 25,2005 the Story County Planning and Zoning Commission
recommended approval of the proposed rezoning as amended. Staff recommends Alternative 1,to amend zoning district
boundaries from A-1,Agricultural to A-2,Agricultural,and the Board of Supervisors to approve Ordinance#147 on]st
consideration,and set 2`1 consideration for Tuesday,August 16,2005. Halliburton stated that Soil Conservation sent a letter
of support for the rezoning. Halliburton opened the public hearing @.9:40 a.m.,hearing no comments closed the public
hearing @ 9:41 a.m. Toms moved,Clinton'seconded approval with alternative 1 and set 2"`'consideration for August 16,
2005. Roll call vote. (MCU).
RESOLUTION#06-06,APPROVING THE NORTHWOOD HEIGHTS 3RD SUB-DIVISION,under the ownership of Robert
and Bonita Gelina,located in Section 20,Franklin Township. Leanne Harter,Director of Planning&Zoning,reported to the
Board the subject property which contains 21.77 gross acres. The number of proposed lots are two development lots,one lot
for drainage,and open space. On the March 22,2004 meeting of the Story County Planning and Zoning Commission,the
preliminary plat was remanded back to the applicant and staff for further review to address co.iieerns noted by staff,and to
address road issues. The following changes have been made by the applicant to address concerns: 1)Only two developments
lots are proposed,along with one out-lot for drainage and open space; change from originally proposed 12 development lots;
2) Right-of-way is proposed to be increased to accommodate the misaligned existing streets;3)Vehicle parking would be
prohibited on both sides of 199"'and 200"'streets;4)A plat note was added to prohibit future subdivisions: The proposed site
is within two miles of the City of Ames,and application materials have been forwarded,but has not been issued. On Monday,
f' 1 July 25,2005,the Planning acid Zoning Commission recommended approval of the proposed subdivision with the following
conditions of approval; 1)the purposed of E911 addressing,access for driveyvays shall be restricted to 199'.h St. A plat note
;+ shall reflect this condition on the Final Plat. E911 addresses shall be shown on the final plat. 2)No driveway access will be
allowed onto-North Dakota Ave. 3)Out-lot A shall have designated ownership and maintenance by a Homeowner's -
x Association. 4)The Board of Supervisors shall not take action on final plat request for the proposed subdivision request until
"I the Ames City Council has acted upon applicable waiver requests and a preliminary plat. Staff recommends approval of
Resolution#06-06,with Alternative 2,that the preliminary plat be approved with those conditions as noted by staff.
Halliburton asked about concerns heard from area residents in the Northwood Heights subdivision,the lack of clarity,and
questions regarding notification. Harter answered that initial notices were sent out indicating more lots. P&Z sent out
revised.notices,but not all residents received them. Halliburton stated that the Board had received notification from the
Northwood Heights Lot Owner Association Executive Committee. The changes are supported by Northwood Heights. Toms
asked if Association will take oil ownership of lot A. Harter stated yes. Chuck Winkleblack, 105 S 16"'St.,Ames,IA.,stated
that the Homeowners' association requested aii out-lot that could be deeded to them so they would have title instead of an
easement. Winkleblack stated that the City of Ames wanted the County to act oil this prior to easements being granted. Steve
Howell,representative for a landowner residing south of the proposed site,stated that the owner.opposes these lots. The
owner felt he did not receive notice in a timely way. Howell stated one concern is the water run-off. No measures have been
taken for the water run-off to the south effected by multiple lots. Howell stated that notices weren't received prior to any
meeting. Howell has sent a letter to the Board of Supervisors stating all the concerns. Tom Thielen,3974 North Dakota Ave.,
Ames, IA.,stated that he received only one notice; no revised notice. Thielen concerns are North Dakota Ave and-the.
increased traffic. The road has no shoulders,but has hikers,bikers,and machinery. Thielen:also has concerls regarding
a water run-off. Mr.Stassis,3970 North Dakota Ave.,Ames,IA.stated that notices were received late,so residents could not
participate. Stassis requested that the Board reject and/or send the proposal.back,and wait for the City of Ames comments.
The plat map of the area was discussed. Halliburton stated this is a preliminary step in the process,and all concerns will be
met when the Commission and Planning&Zoning meet during the final plat. Winkleblack stated that the land drains north
and east,and that these issues have been discussed and the residents have had the chance to talk. He requested the Board to
proceed.
Halliburton recessed the meeting @ 10:35 a.m.,reconvened @ 10:45 a.m.
The legal council for the County recommended the Board move on the revisions of the Resolution. Toms questioned the
notifications. Harter stated that there were large green signs on the site and notification of/r mile were sent,but some must
have been lost in the mail. Halliburton stated notification was also in all three county papers. Clinton moved,Toms seconded
approval of Staff recommendation of Resolution#06-06,with alternative 2. Roll call vote. (MCU).
ANNOUNCEMENTS FROM THE SUPERVISORS—Clinton commented on the meeting at ISAC concerning a survey of the
County Supervisors'satisfaction on the current stains of county government,its efficiencies,and courthouse security. He will
update the Board at a future meeting.
Toms moved to adjourn,Clinton seconded at 10:55 a.m. MCU.
Jane E.Halliburton Mary Mosiman
Chair, Board of Supervisors County Auditor
+ ►�J
NORTHWOOD HEIGHTS II LOT OWNERS ASSOCIATION
MINUTES OF THE SPECIAL MEETING
April 6, 1999
held at 7:00 p.m. at Larock & Maves home
Lot owners present: J. & E. Mathews, Lot 1; J. Rogers, Lots 2&3; A. Denner, Lot 4; B. &
L: Borst, Lot 5; T. Lankford, Lot 7; S. Chumbley, Lot 8; J. Heddens, Lot 9; T. &J. Strahn,
Lot 10; K. & M. Myers, Lot 11; C. & S. Carlson, Lot 12;C. Chapelle, Lots 13&14; R.
Larock &J. Maves, Lots 15&16; L. Elbert, Lot 17; C. Stassis, Lot 18. Two guests:
Marcy Rice & Rebecca Shivvers.
Lot owners absent: Greenbowe, Lot 6, voting proxy given to Borst; Gelina, Lots 19&
19A; voting proxy given to Strahn; Sisson, Lot 19A sublot 1, voting proxy given to
Myers.
The meeting was called to order by John Maves, President.
REPORT BY HEDDENS AND LANKFORD
John asked Jeff Heddens and Terry Lankford to give a report on.their answers
to the questions raised at the previous meeting on March 9, 1999. Jeff reported that
we could not reduce the cost by buying recycled materials because Manatt's supply
had been sold. Terry.described the revised estimate from Manatt's (see attached
sheets). The following changes and clarifications are:
50 ft. section of 199th from North Dakota east will be an extra 3 1/2 inches deep;
there will another 20 ft. section of 199th made an additional 1/2 inches deep
for a farm equipment crossing.
Radius-calculations where 199th and 200th streets meet North' Dakota are
included.
Culverts that.are in will be sufficient for specified road widths.
The total cost will be $67,595. The cost per lot-will be $3089.05, based on 22 lots.
DISCUSSION
A. PAVING PROJECT
C. Stassis presented written objections to the project. They are:
1..A-decision--by.a-simple--majority vote.-regarding.the paving of the road is taken
as violating the covenants of the Association and sets a dangerous precedent.
Paragraph 9C of the Restricive Covenants provides that until the streets within
the subdivision are accepted by a governmental unit, the streets shall be
repaired and maintained, including snow removal, by the owners of the lots and
repair and maintenance decisions shall be made by a majority of all lot owners.
The Restrictive Covenants do not authorize the Lot Owners Association to pave
i
the present gravel roads, only repair and maintain them. Any such project must
be a unaminous decision because it is not addressed in the covenants.
2. The owners of Lots 19 & 19A should be charged for more parts because they
are the only party who will benefit from the paving.
3. 200th street should not be paved because no other owner except the owners
of Lot 19 will benefit.
4. We should wait for the owners of Lots 19 & 19A to develop their plans before
paving any portion of the road.
Discussion of the paving project is summarized as follows:
* Paving the subdivisions's roads has been discussed over the years at the Lot
Owner's annual meetings.
* The Gelina's, owners of Lots 19&19A, have taken part in those discussions.
They have stated that they know they will have to improve the road, at their
expense, when and if they further subdivide their land because of county and
city zoning requirements.
* According to county regulations, the Gelina's can subdivide Lot 19 into two
pieces without filing development plans. Lot 19A has already been divided in
this manner.
* The Gelina's are not the only ones who will benefit by having the road paved.
All the lot owners who live in the subdivision are looking forward to paved roads
because it will cut down on the dust and the wear and tear on their vehicles.
* Several lot owners expressed an interest in paving the whole road system at
the same time, instead of waiting until next year to pave 200th street.
* In 1990 and 1984 major road construction and rebuilding projects were
undertaken by the Association based on majority votes:
B. LOT OWNER PAYMENTS
Three of the lot owners who own two lots each raised the issue of having.their lots
combined and therefore paying their share for one lot, not two. They have been told
b_y_either...the_.co.unty._assessor's._office.or_.the_county..planning_.&.zoning office.that their
two lots are being considered as one lot for record-keeping purposes. Others
observed that their understanding when they bought their lots was that they would pay
their proportionate share of the Association's costs, that is, their share of Association
costs would be proportional to the number of lots they own, based on the orginal plat.
C. EROSION PROBLEMS
Erosion problems in several of the gullies have been developing over a number of
years. They seem to have accelerated when a tile was broken and not fixed properly
during the installation of the Xenia rural water pipes. The gully between the Mathews'
and Rogers' property (lots 1&2) now appears to be carrying approximately one-third of
the water from the field. The gully between the Myers' and Carlsons' property (lots
11&12) has seriously eroded where it enters the creek. These are problems that need
to be addressed before they get out of control.
MOTION AND VOTE
The following motion was made by T. Lankford and seconded by A. Denner:
Pave the entire road as set out in Manatt's proposal (attached) with the
construction to occur within the 1999 summer construction season, but not.
before July 1, 1999. The vote shall be taken by written ballot.
It was amended by R. Larock and B. Borst:
The cost shall be divided 22 ways with 3 parts paid by the owners of Lots-19 &
19A. All other lot owners shall pay their proportional share.
T.'Strahn seconded the amended motion. The vote was by written ballot with each lot
owner signing their name and lot number. There were 17 votes in favor and 5 against:
The motion carried.
PROCEDURES FOR PAYMENT
It was decided that the payment for the paving project will be due once Manatt's has
set the date for beginning the construction. The Association's treasurer, Lisa
Heddens, will send statements to each lot owner on or before the construction begins.
OTHER OBSERVATIONS
The paving will probably last 10 to 15 years before major repairs are needed. The
annual dues will probably need to stay at about the same level for routine road-
maintenance and dealing with the erosion problems.
The meeting was adjourned at 9:15 p.m.
Respectfully submitted,
Eleanor Mathews, Acting Secretary
C. 8tassis
3970 North Dakota Avenue
Ames, Iowa 50014
26 May 2009
Ms. Leanne Harter
Director
Story County Planning and Zoning
900 6t .Street
Nevada, Iowa 50201
Dear Ms. Harter,
I respectfully request that your Commission scrutinize the Northwood Heights
Fourth Addition Major Subdivision Application by Hunziker Land Development
Company, LLC, giving careful consideration to the following issues,
A. Legality of this project
In my opinion, what they propose to do is illegal for the f�:"'.a 't t� V'easo ts:
1. There is a restriction on the final plat for Northwood Heights Third
Addition, which does not allow further division of the two existing lots.
The Iowa Court of Appeals ruled that plat restrictions are similar to
those in a covenant. (See also minutes of the May 6, 2009 meeting of
the City of Ames Planning and Zoning Commission, item 1.)
2. The four proposed building lots are 1,16 to 1.32 acres in size. This is
considerably less than the 2 acres required by the Northwood Heights
Second Subdivision restrictive covenants.
B. Infrastructure and environmental issues
Hunziker has requested that the City Council of the City of Ames waive all
of the standards of Chapter 23 Division IV of the Ames Municipal Code for
this development, which is located only three-quarters of a mile from the
Ames city limits! These regulations have been established to protect the
safety and health of the present and future residents of the surrounding
area.
If I understand properly, this implies that the developer will not be required
to provide the necessary infrastructure for the proposed Northwood
Heights Fourth Addition. In particular, he will be able to keep the present
199t" and 20& streets servicing the Fourth Addition. There are serious
°s , ^; , ,� . -n (200"') crosses my
property; in addition, these roads are unsafe for public use (See, for
Page 2
Ms. Harter
26 May 2009
instance, the Story County.Board of Supervisors Staff Report distributed at
the August 2, 2005 meeting.) This issue was raised as-far back as 1999,
but it was not addressed by the Association, since the owners of the land
at the time (Mr_ and Mrs. Gelina) stated "that-they know they will have to
improve the road, at their expense, when and if they further subdivide their
land because of county and city zoning requirements" (see page 2 of the
April 6, 1999 minutes of the Northwood Heights Association Meeting).
Also, if I understand.properly, the developer-will not have to provide an
environmental impact statement. The increased water flow likely with this
development will have to be discharged in a ravine leading to Squaw
Creek and another ravine,which leads to a small lake located on my
property. This will result in increased erosion of the ravines and increase
contamination of the water of both the Squaw Creek and my small lake.
To the best of my knowledge, no such detailed study has been performed.
C. Public policy issues
The proposed development is against clearly Stated State and Federal
Public Policy. The developer does not wish to provide the necessary
infrastructure for this project when the Federal Government gives
incentives to cities and counties across the Nation to extend and improve
the infrastructure. The developer does not wish to be burdened with
environmental concerns when the Federal Government adopts
unprecedented measures to improve the environment and offers .
incentives for the creation of"green jobs." Throughout the Nation, there
are foreclosures and as the unemployment rises, more people fear loss of
their homes, but this and other developers wish to build new houses.
Frankly, Ms. Harter, this does not make any sense to me.
D. No waiver should be granted
A waiver is an extraordinary measure granted only in exceptional cases
and only if several conditions are fulfilled. This project does not fulfill any
of these conditions.
The waiver in this case is contrary to the purpose of the
Regulations. The Regulations were adopted to protect the safety
and health of the residents as well as the quality of the environment
in which they live. As we demonstrated under B, this is not the
case. In particular, the developer wishes to keep the present
roads, which are a hazard to the public.
• No extraordinary hardship will be imposed on the applicant. The
applicant is a major developer, whose main business is investing
and developing land. At the time that the previous owners (Mr. and
Mrs. Gelina) bought this land, Mrs. Bernice Hanna, the original
owner of the land, asked me to buy it for$40,00.0. By refusing to
Page 2
Ms. Harter
26 May 2009
provide some infrastructure, like roads, the developer simply aims
to maximize his profit.
Finally, I would like to note that the public interest cannot be secured by
imposing conditions on the waiver. The implementation of such
agreements usually requires expensive legal battles with an uncertain
outcome.
E. Concluding remarks
In summary, I respectfully urge you that your Commission flatly deny the
applicant's request. If the developer wishes to develop the land, he must
follow the final plat for Northwood Heights Third Addition.
This was a reconciling compromise adopted by the Board of Supervisors
on 2 August 2005 between the wishes of the owners of this land to
develop it and the desires of the majority of the members of the
Association.and the surrounding community, who w' ished the area to be
designated.as a conservation area. The latter alternative would have
served best not only the interests of the residents, but also those of the
City of Ames and Story County,
Respectfully submitted,
Constantine.Stassis
Retired Professor of Physics
Iowa State University and Ames Laboratory
Rebecca A. Shivvers 7RECEIVED2380 220"StreetAmes, Iowa 50014
16 September 2009 P 17 2009
CITY OF AMES, IOWA
Jeffrey D. Benson, Planner KEPT. OF PLANNING &HOUSING
City of Ames
Department of Planning and Housing
515 Clark Avenue
Ames, Iowa 50010
Dear Mr. Benson,
I have worked on properties in the Northwood Heights Subdivision area since late 1989, and
know several families living along and around North Dakota Avenue. I have driven on North
Dakota in all seasons and during various day and night times. During my visits in this area over
the past twenty years, I have noticed an increase in foot, bicycle, and vehicular traffic, and an
occasional horse. When I pass bicycles and pedestrians, I need to cross over into the oncoming
traffic lane to ensure I won't hit the person, in case the person trips and falls, or the bicyclist, who
may hit a hole or rock, and falls. Oftentimes, because of the oncoming traffic, I must drive as
slow as possible until I can pull over into the oncoming lane. Many times, this irritates the drivers
behind me. In all cases, the people must ride or jog on the roadway because of the lack of a road
shoulder. In the wintertime, it is particularly treacherous, when there is so much snow piled up
and no ditch to bail out into, if a car comes sliding my way. I have seen many vehicle tracks
leading into the ditch and hope I don't join them.
I was pleased to see the traffic speed reduced to help prevent such accidents, but do believe it
should be extended the length of North Dakota Avenue. The new additions and residential
homes that have popped up over the years have certainly increased traffic and I believe it is only
a matter of time before we see another serious accident.
Regarding the proposed 4th Addition to Northwood Heights, I believe the existing road and more
homes with an average of three vehicles per house will increase the dangers for this road, as well
as the properties along 199th and 200th Streets. I have had the necessity to drive on 200th Street
and park off the roadway. This is almost impossible, since there are no roadway shoulders. In
many places, it is an abrupt ditch, and wintertime snows create an illusion of a roadway larger
than it really is. I worry about people hitting my car as they pass on this narrow street, and
usually pull over on the grass when someone else approaches. As you can see from the
attached photo of an incident I happened upon today, there is not much space between the two
vehicles. Indeed, the minivan had to pull towards the ditch and the other car pulled off the road
on the other side to pass each other. Imagine the difficulty for emergency vehicles coming from
both directions to pass, or the daily school bus that picks up children from this subdivision. The
road snakes along the area between the southeast, east, and northeast, and is very narrow.
I was present at the meeting when the Story County Board of Supervisors wisely decided that
dividing the land in half with the restriction of no further subdivision included on the recorded
replat(recorded on February 21, 2006)was the best practice in light of the safety issues. It is my
opinion from what I have observed over the years on 199th and 200th Streets, that these roads are
just waiting for a serious accident or fire that could result in a massive lawsuit to all landowners
who live along these two streets. I believe every attempt should be made to correct the situation
before any further development occurs in this area. I was caretaker of the property that had a
massive fire a few years ago that was very difficult for the fire fighters to contain. (See pictures
attached.) Thanks to the courageous volunteer fire fighters, they prevented a near catastrophe
that could have been on the scale seen recently in California. The next fire in this area could
cause catastrophic damage.
Page 2
16 September 2009
Jeffrey D.Benson,Planner
In summary, I believe before any more construction is allowed in this entire area along either side
of North Dakota Avenue, and 199'h and 200th Streets, the roadways should be constructed to
prevent accidents and allow for the increased traffic, not only from the subdivisions popping up in
the area, but also the increased traffic further north of North Dakota on the lateral streets that lead
to the new church and Fareway. Also, people prefer to take this road as a shortcut to gain easy
access to Highway 30, off South Dakota Avenue. Thank you for your time and consideration.
Respectfully yours,
Rebe ca A. Shivvers
Cc: Ann Campbell, Mayor, City of Ames
pr
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Kenneth L. Larson
Professor of Agronomy Emeritus
3957 Deer Run Lane
Ames, Iowa 50014-9046
September 2, 2009
Jeffrey D. Benson, Planner
City of Ames
Department of Planning and Housing
515 Clark Avenue
Ames, Iowa 50010
Dear Mr. Benson:
I wish to express opposition to the proposed Northwood Heights Subdivision, 4th
Addition.
My wife and I concur with the interest and view expressed by Dr. Thomas B. Thielen in
his letter of 31 August 2009 to you relating to his expression of opposition to the
proposed division.
Our property of 14.7 acres lies south of the property of Dr. Thielen which we purchased
in 1984. During the 1980s we had several individuals who were seeking property on
which to build a residence. We were not interested in subdividing the property because
we purchased to have a rural environment and to have land upon which we could have
horses. We currently have a building in which we can have horses as we did with 3
from 1984 to their deaths during the late 1990s and early 2000.
I hope the above and contents in Dr. Thielen's letter of 31 August 2009 will be taken into
consideration as this issue is presented to the City Council.
Thank you.
Sincerely,
Kenneth L. Larson
El=EE
Dr. Thomas B. Thielen
Vice President ISU (Retired)
3974 North Dakota Avenue
Ames, Iowa 50014
31 August 2009
Jeffrey D. Benson, Planner
City of Ames
Department of Planning and Housing
515 Clark Avenue
Ames, Iowa 50010
Dear Mr. Benson,
The following is my expression of opposition to the proposed Northwood Heights subdivision, 4th
addition.
Since the minutes of the June meeting of the Story County Planning and Zoning Commission will
not be available before October, I have summarized my objections below.
My interest in this project is high because my wife and I own 15 acres of land, which connects to
the south boundary of Northwood Heights.
1. It is my understanding that 199'h and 200'h streets do not meet the city of Ames
specifications regarding width, as well as other specifications for ambulances and fire
trucks. A fire that began in the woods east of the proposed development could easily
propagate and destroy many homes.
2. The proposed development will further increase the discharge of contaminated ground
water during very heavy rains and flooding conditions on the wildlife refuge that Dr.
Stassis has created over the last 20 years, especially into the pond located on his
property. This could be a serious health hazard for children of the neighborhood, who,
under supervision, use the pond for recreation, especially in the summer.
3. In addition, the proposed development will further increase vehicular traffic on North
Dakota Avenue—a road already hazardous for heavy traffic. A majority of the road does
not have shoulders on either side—it is very dangerous in the winter season. The
avenue is also popular for joggers, bicyclists, and pedestrians. This was my major
complaint to the County Commissioners at the 2005 hearing. I believe it helped in their
decision to make two 7.5-acre lots instead of 10 lots. The traffic condition has worsened
in 2009.
In conclusion, I urge you not to recommend to the City Council to waive the infrastructure
requirements for streets 199 and 200. In addition, I would ask that you recommend to the council
to not allow any development of this parcel of land until the developer addresses the safety and
health concerns raised above. Thank you for listening.
Sincerely, b
r. Thomas Thielen Cavm
SEP 0 1 2009
OITy OF AMES, IOWA
DEPT OF P�ANNIN FtoU81NQ
Alan K. Henson
3966 2001h Street
Ames, IA 50014
(Lot 17, Northwood Heights II)
Jeff Benson, Planner
City of Ames
Department of Planning and Housing
515 Clark Avenue
Ames, IA 50010
21 August, 2009
RE: Preliminary Plat for proposed Northwood Heights 4th Addition
Mr. Benson,
It has been brought to my attention that the minutes of the June 1, 2009 Story County Planning
and Zoning Commission meeting will not be approved until their next scheduled meeting in
October. Since I submitted written comments for the June 1 meeting and to save your office the
trouble of transcribing my comments from the audio recording of that meeting, I am providing a
copy of those comments, which reflected my concerns at that time.
I would, however, like to rescind paragraph 2 of those comments. I was in error in my assertion
that Mr.Winkleblack had presented a proposal to the Northwood Heights II Homeowners
Association that differed markedly from the proposal that was presented to the Planning and
Zoning Commission, specifically in regard to the proposed ownership of the outlots that would be
created. I was not aware at the time I drafted my comments that there had been a meeting
between Mr.Winkleblack and members of the Association (in February while I was out of state)
regarding that issue. I am therefore also omitting the attachments referred to in paragraph 2 of
my comments of June 1.
am still very much opposed to any replatting of the lots in question that would allow alteration of
the rural character of the existing neighborhood.
Best regards,
Alan Henson
RECEIVED
AUG 2 1 2009
CITY OF AM€S, IOWA
DEPT OF KANNINQ & HOUSING
Alan K. Henson
3966 200th Street
Ames, IA 50014
To: Story County Planning and Zoning Commission
01 June, 2009
RE: Preliminary Plat for Northwood Heights 4th Addition
Members of the Planning and Zoning Commission,
Some of my neighbors and I have been discussing the proposal submitted by Hunziker Land
Development Co for creation of a new Northwood Heights 4th Addition. I would like to make
known that there is not general agreement or unanimous support among the residents of
NORTHWOOD HEIGHTS II HOMEOWNERS ASSOCIATION, INC. Further, no vote to amend
the Restrictive Covenants of same said Association has been taken that would allow the
subdivision as proposed by Hunziker Land Development Co. There appears to be a sufficient
number of residents concerned enough about this proposal that there will be a request for a
special meeting of the Association regarding this issue.
I would like to point out that there are discrepancies between what was originally presented to the
NORTHWOOD HEIGHTS II HOMEOWNERS ASSOCIATION. See attachment A for a general
description of that plan. There was a meeting between Chuck Winkleblack, a Hunziker broker,
and some of the residents of the NORTHWOOD HEIGHTS II HOMEOWNERS ASSOCIATION on
February 22, which I was unable to attend but have been told that there were differing opinions
about the plan. I have been assured by one of the residents in attendance that no binding vote
was taken, nor was there much further discussion upon the departure of Mr. Winkleblack. As this
was, in Mr. Winkleblack's words, "not an official request to subdivide the property, it is simply an
application to get the county and city of Ames input on what we are contemplating", there hasn't
been as much diligence in following the process as it has perhaps warranted. However, it has
since been learned that the plan for ownership of the outlots resulting from the creation of the
new subdivision has changed, such that the outlots would be owned by an entirely new Fourth
Addition Homeowners Association. See attachment B. It has been the understanding of many of
the current residents that the outlots were to be deeded to the existing homeowners association.
There are other concerns that some of the residents of NORTHWOOD HEIGHTS II
HOMEOWNERS ASSOCIATION have with the proposal, but perhaps the biggest concern is that
there has been some use of bait-and-switch tactics, and some of us feel that it is necessary to
revisit the proposal with Hunziker Land Development Co.
Speaking for myself, it is my opinion that the developer has more changes in mind than the
NORTHWOOD HEIGHTS II HOMEOWNERS ASSOCIATION is aware of. The land in question is
designated as Rural Transitional, but is very nearly adjacent to land designated as Urban
Residential. I have concerns that if a new subdivision is created, there will soon follow a request
to have the subdivision reclassified as Urban Residential, which would then require a much
higher housing density, something on the order of 30 homes, not 4. The next step would be a
push for annexation at an accelerated rate from what is now the city of Ames plan. The character
of the neighborhood would be irrevocably changed. The residents of Northwood Heights II live in
that neighborhood because of the rural and quiet nature of the neighborhood. I am sure that we
are all aware that at some point, the neighborhood will be annexed. However, many of us are not
in a hurry for that eventuality, and it is our opinion that the creation of this subdivision as
proposed is not in the best interests of the neighborhood at this time.
C. Stassis
Professor of Physics and Senior Physicist,Ames Laboratory(retired)
3970 North Dakota Avenue
Ames, Iowa 50014
7 October 2009
Ann Campbell, Mayor
Ames City Council
515 Clark Avenue
Ames, Iowa 50010
Dear Honorable Campbell,
As I did in my attached letter to the Story County Board of.Supervisors, I respectfully urge you to
not allow g_ny development of this parcel of land(Northwood-Heights Subdivision,0 Addition)
until the developer improves the roads to meet at least the County minimum requirements and
seriously addresses the discharge of large quantities of contaminated groundwater onto the
adjacent properties, into my pond, and through a ravine into the Squaw Creek. The safety;
health, and even lives of present and future residents in this neighborhood are at stake. It is for
you to decide whether this development is consistent with your vision of responsible planning in
the 21 6t century.
Respectfully submitted,
.C. Stassis
Cc: Mr. Jeff Benson, City of Ames Planning Department
Attachment: Letter to Story County Board of Supervisors, October 7,2009
RECEIVED
OCT 0 8 2009
CITY OF AMES, IOWA
pi.-AT OF PLANNINA & HOUSING
C. Stassis
CD
Professor of Physics and Senior Physicist,Ames Laboratory(retired)
3970 North Dakota Avenue �.
Ames, Iowa 50014
7 October 2009 02'a. cm
Wayne Clinton, Chairman
Story County Board of Supervisors .
900 iP Street
Nevada, IA 50201
Dear Chairman Clinton,
I respectfully request that you take some of your valuable time to scrutinize the case No. SUB02-
09 application. This is exactly the kind of irresponsible "development"that precipitated the worst
worldwide recession since the 1930s and affected the lives of millions of Americans. In spite of
this,the Planning and Zoning Commissions of both the City of Ames and Story County
unanimously approved this application"subiect to certain-conditions"on May 6,2009 and June 1,
2009, respectively,exactly as they did back in 2005. Both the County and the City are unwilling
to address decisively the perennial problem,of the hazardous substandard roads and the
discharge of large quantities of contaminated ground water onto the properties to the south and
southeast of this proposed development into my pond and through a ravine into the Squaw
Creek. Building houses on this highly unsuitable parcel of land will considerably aggravate these
problems. These problems were not discussed in the May 6,2009 meeting,of the City of Ames .
Planning and Zoning Commission. Subsequent to this meeting, several of us wrote the attached
letters, (Attachment 1)to Mr.Jeff Benson,Ames City Planner. Please, notice that the 2"d
Addition Association and the developer were aware of the road problem before these roads were
paved and at least as far back as 1996(see documents attached to my letter to Mr. Benson), but
have chosen to ignore it.
In vain,the same concerns were raised again in 2005 by the City.and County staffs of the
respective Commissions. See in particular items 3-17 of the quite thorough July 25,2005 County
Staff Report(Attachment 2). Presently, both problems are much worse because of the increased
traffic and construction of homes in the 2"d Addition,especially on Lot B. The County Planning
and Zoning Commission, headed by Mr. Gast, did not discuss in any detail the problem of the
roads, since Mr. Gast could not recall details from.the 2005 Staff Report and.did not have the
documents attached to my letter to Mr. Benson. I hope the Board of Supervisors will address this
long-standing problem. In my opinion a 14-16-foot wide road with a horseshoe bend in a
subdivision of approximately 20 home poses a serious safety hazard,which should not be
ignored. The Commission did address the problem of the discharge of contaminated.
Page 2
7 October 2009
Wayne Clinton,Chairman
groundwater,which was brought up by Mr.Vegge and discussed quite thoroughly how to avoid
the building of homes on outlots A-F. Unfortunately, Mr.Vegge's quite specific motion was
translated in the minutes as"the developer meet all the requirements of the ordinance as laid out
in staff notes"(condition 2 on page 24 of the minutes)and is not listed on the Preliminary plat.
Also,the quite specific condition 1 (page 24 of the minutes)was listed as"no further lot divisions
shall occur"on the preliminary plat(condition No. 10)and it is not listed on the preliminary plat
that we received on October 1st from the City. 1 hope that you will see to it that the conditions
imposed by the Commission are precisely stated and listed on the preliminary plat.
In conclusion, I cannot overemphasize the fact that the serious safety and environmental
problems mentioned above,threaten the safety, health,and even lives of those living in this
neighborhood, have persisted far too long and need finally to be dealt with in a responsible
manner by Story County and the City of Ames. Therefore, I respectfully urge you to decisively
reject this application and not allow any development on this parcel until the developer improves
the roads to meet at least the County minimum.requirements and seriously addresses the
discharge of contaminated groundwater onto adjacent properties,especially into my pond. This
would require a relatively small investment, if the developer takes advantage of State and Federal
subsidies granted for both infrastructure and environmental projects.
Respectfully submitted,
C. Stassis
Attachments:
1. Letters to Mr. Benson by Rebecca Shivvers,Thomas Thielen, Ken Larson,and Costas
Stassis.
2. Copy of July 25,2005 Story County Staff Report.
Register editorial
Subject:Register editorial
From: Tandel,Linda"<1fandel@desmoine.gannett.com>
Date:Mon.5 Oct°200914:18:00-0700
To: "shivvers@ameslab.gov" <shivvers@ameslab.gov>
Thursday, August 20, 2009
City:
State:
Section: OPINION
Page: 12
From: Print/Online editions
Source: STAFF
Edition:
Publication: The Des Moines Register
State showcases how buildings can be green
The Register's Editorial
State officials will break ground for a new state office building today that
will house agencies that regulate public utilities in Iowa. So it is fitting
that the new building is designed to be a showcase for conserving energy.
The new home of the Iowa Utilities Board and Office of Consumer Advocate in
many respects will be an ordinary, two-level office building. But by taking
advantage of natural light, subterranean energy and landscaping that absorbs
stormwater runoff on site, among other features, the building will be
eligible for the highest rating by the U.S. Green Buildings Council. That
makes it unique among state-government buildings.
While trucks and cars are blamed for spewing greenhouse gases, buildings are
also a major source during construction and a lifetime of burning fossil
fuels for heating, cooling, lighting and machines. As a prominent public
building on the state Capitol complex, this building could serve as a model
for future buildings by both government and private builders. The message is
that a "green" building does not have to be necessarily more expensive, or
involve elaborate technology or time-consuming planning and construction.
Two key elements: Positioning the building on an east—nest axis to "harvest"
north and south daylight while avoiding harsh western exposure, and an
insulated precast concrete and glass "envelope." Heating and cooling costs
will he reduced by pumps that circulate water through constant-temperature
geothermal wells. Daylight will be bounced by sun screens into open offices ?;�_
with low dividers to reduce demand for artificial lighting. Sensors will dim
or shut off lights when natural light is sufficient, and power will go into CD
"sleep mode" when offices are unoccupied. i
�r-p n I of
Stormwater runoff from the roof and parking lots on the six-acre site will Ora
be routed to a prairie-grass field with holding basins and rain gardens,
which will absorb 100 percent of runoff on the site. And the building will
be equipped for installation of solar collectors and a wi c ndmill. oo
These features combined are expected to cut the building's energy ;M_
consumption by 60 percent of an equivalent office building. According to Rod
Kruse, an architect in the Des Moines office of BNIM Architects, the
building's designer, its energy appetite will be affected mostly by the
number of people in the building and what they plug into the outlets.
Planners say it is hard to calculate exactly how much all these
142 10/5/09 5:28 PM
Register editorial
energy-saving features added to the $9.8 million building budget, but they
should easily pay for themselves over time. The geothermal wells, for
example, added approximately $300,000,. which along with heat-recovery;
technology accounts for roughly half the projected $36,000 annual energy
savings. The state plans to continuously monitor the building's energy
performance to see if it lives up to its expectation.
The state of Iowa has made significant improvements in the Capitol complex
in recent years with the construction of the handsome Judicial Branch
Building and the west Capitol Terrace. A new master plan now, in development
should lead to a more thoughtful approach to future development - including
environmental sustainability. This new office building is a major
contribution to that goal.
Building stats
BUILDING AREA: 44,460 square feet
CONSTRUCTION BUDGET: $9.8 million
ENERGY USE: About one-third that of a comparable building
ENERGY STAR RATING: 95 out of 100
CONSTRUCTION: Complete fall 2010
of 2 10/5/09 5:28 PM
Groundbreaking for new"green"state office building bftp:/Awjw-radioiawa.com/2009/08/20/groundbreaking-for..
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Groundbreaking for new 'green" state
office building
by ad-min on August 20, 2009
in Business & Economv, Economv, Environment & Conservation, Politics & Government Top
Sim
Shiny new shovels were used to break ground today for
a new state building that will serve as offices for the Iowa
Utilities Board and the Consumer Advocate. Officials
expect the $9.8 million building to be finished in the fall
of2010.
Project architect Carey Nagle says the structure will use
63 percent less energy than a typical office building of W�
the same size. "The whole premise of the project was
founded on energy efficiency," Nagle says_
: L
Project manager
Tom Hilton says _ a
they've "oriented" uN
the building to
maximize sunlight. '
We have a pretty
elaborate sunscreen
or sunshading system set up on the building which allows us to actually harvest the daylight
during certain times of the year and block the daylight during other times of the year," he
says. "And it's just really a simple move which makes a huge amount of difference in terms
I of 5
10/5/09 5:32 PM
Groundbreaking for new"green"state office building hftp://www-radioiowa.com/2009/08/20/groundbreaking-for..
of the energy consumption."
The sunscreens will be one of the largest architectural features of the building. "That
sunscreen is designed to bounce that sunlight into the space but at the same blocking down
the glare that can be detrimental and it lets you take on some of that passive heat gain of the
winter but also block out the direct heat gain from the summer,"_Nagle says. "You know, it's a
pretty simple strategy, but it's very effective."
In addition, all'the rain that falls on and around the ,
building will be collected and reused to flush toilets and -
Nagle says that will dramatically reduce the water
bill. "We have savings in that department in the order of -
46 percent below a typical building," Nagle says.
Governor Chet Culver spoke briefly before the
ceremonial ground breaking at the construction site
which is southeast of the statehouse.
"What a fitting location here on a very busy intersection, a lot of traffic, a lot of people going
out to the State Fair every year that will see this beautiful, new, state-of-the-art building,"
Culver said.
State officials sold bonds to raise the money for the building's construction and those bonds'
are financed, ultimately, by Iowa utility customers. That's because agencies like the Iowa
Utilities.Board are financed by fees charged to the utility companies it regulates. Chuck Seel,
a spokesman for the Iowa Utilities Board, says the new building soon will be more
cost-effective than renting office space. .
"We've been in our current building since 1998 and we've paid over$7 million in rent, so
over the long pull, this is a much better deal for everybody," Seel says.
Utility customers have footed the bill for that rent, too.
AUDIO: Groundbreaking...12 min MP3
Tagged as: Chet Culver, Democratic Party, Republican Party, Utilities
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