HomeMy WebLinkAboutA004 - Memo from City Attorney's office dated June 27, 2011 A
Memo
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Caring People
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TO: Sam Perry, Planner and Steve Osguthorpe, Director, Planning Department
Nancy Carroll, Director, Parks and Recreation Department
FROM Judy Parks, Assistant City Attorney
DATE: June 27, 2011
SUBJECT: Use of Camp Canwita property for day care services
Thank you for referring to this office your question about the proposed use of the premises of Camp
Canwita for a day care program site. This proposed use came to our attention when the prospective
provider contacted the City specifically to inquire about the compliance of that use with the zoning
regulations before she began operation on the site.
This site is in a somewhat unique situation. The land on which this camp operates is actually owned by
the City of Ames, having been deeded to the City in 1949 by Walter S. Grove, along with another tract
of park land south of the Canwita site. The south tract comprises Inis Grove Park. When Mr. Grove
donated this land to the City, he included in the deed for the parcel to the north a deed reservation which
provided that the organization known as the Camp Fire Girls of Ames, Iowa, is reserved the right to use
said premises for Camp Fire purposes only. In terms of how long this use was to last, the deed provides
that until they(Camp Fire) cease to function as an active organization and cease to maintain the property
and buildings for a period of not to exceed three (3) years, it is for their use. Throughout the years, the
site has been used as a camping facility for Camp Fire programs, and Camp Fire has maintained and
improved the buildings and grounds and has worked cooperatively with the Ames Parks and Rec
Commission and other Ames authorities for their mutual benefit.
The concern about this proposed day care use is whether is complies with the restriction of the deed that
reserves this land for use of the Camp Fire Girls of Ames for Camp Fire purposes. In determining the
proper use under a deed restriction, the general rule of law is that restrictions on free use of property are
strictly construed against the party seeking to enforce them. They will not be extended by implication or
construction beyond clear and unambiguous meaning of their terms and doubts will be resolved in favor
of unrestricted use of property. (See Amana Society v Colony Inn, Inc., 315 N.W. 2d 101 (1982) )
In regard to the organization, the Camp Fire Girls of Ames, Iowa, existed as an unincorporated
organization at the time of the bequest and the group incorporated in 1951. This organization is part of
the state and national Camp Fire organizations. Since the time it received use of the land, this local
Camp Fire organization been active and in continuous existence, and it has continuously used and
operated at Camp Canwita. It will still do so.
Regarding Camp Fire purposes, the Camp Fire organization has not necessarily remained static over the
decades of time that it has existed either in programs offered or method of service delivery. Camp Fire
on the national level determines its overall mission, develops the programs consistent with that mission
and establishes the means of delivery with and through its local councils so that the same goals are being
met consistently nationwide. Camp Fire has moved beyond its original primary program model, which
was to provide opportunities for school age girls to experience and develop a sense of community,
especially through nature, in small club meetings. The organization's programming has changed to meet
the present needs of children and parents in today's society. Thus, while the organization still very much
concentrates on youth development, the age range, gender focus, requirement for membership, locations
and diversity of its programming has changed considerably over the years. Camp Fire has added before
and after school care, preschool care, and day camp opportunities, while moving away a focus on
membership-based club programs just for girls. While many of their programs are conducted directly
and solely by Camp Fire, for others,there is a shared sponsorship with day-to-day operation done by the
partner organizations and entities. National and local oversight is provided to assure that specific
programs are consistent from place to place. However, regardless of the mechanism of delivery, these
programs are being furnished because they further the overall purposes and mission of Camp Fire.
With that background, it is my opinion that the day care program being proposed at Camp Canwita is a
Camp Fire use for Camp Fire purposes. The proposed use will be an additional program conducted
there, as this day care use will be on site during weekdays of the school year. The program is not merely
leasing the space, but rather, their agreement with Camp Fire is more comprehensive in that the program
parameters for the day care were also scrutinized to assure they are consistent with the Camp Fire
mission. Although Camp Fire is partnering for delivery of these services, rather than being the direct
provider, the day care program being proposed for Camp Canwita is very much like services that Camp
Fire offers elsewhere in central Iowa both in type and mechanism of delivery. Although it will be new
for this particular Camp Fire location, it is not a unique service for Camp Fire generally. It is yet another
program offering that the national organization has undertaken which has now reached this location,
and the local delivery mechanism that has apparently been chosen is to be through partnership with an
established local provider whose philosophy mirrors Camp Fire values.
Our children no longer learn how to read
the great Book of Nature
from their own direct experience or how to interact creatively
with the seasonal transformation of the planet.
They seldom learn where their water comes from or where it goes.
We no longer coordinate our human celebration with
the great liturgy of the heavens.
-Wendell Berry
Camp Fire USA has provided children, youth, and families with
decades of growth and learning in an outdoor environment and Prairie
Flower Children's Center, as a Waldorf preschool, emphasizes
children's exploratory time in nature as an important part of the
rhythm of the morning. Camp Canwita with it's location nestled by
the woods and its trails, provides an excellent setting in which to
educate our young.
Camp Fire USA has a program for 3-5 year olds called "Little
Stars" and the goals in that are much the same as our goals at Prairie
Flower: to be outside to learn, explore, play together while developing
a lifelong appreciation and respect for the outdoor environment.
Richard Louv's book, Last Child in the Woods
brought together cutting-edge research showing that direct exposure to
nature is essential for healthy childhood development--physical,
emotional, intellectual, and spiritual and both Camp Fire USA and
Waldorf Education have always developed their programs with this
realization.
It is both parties' desire that our common goals for children are
manifested at Camp Canwita.
Delphine Douglass
Prairie Flower Children's Center