HomeMy WebLinkAbout~Master - Council Packet Summary February 11, 2025
City Office 515.239.5105 main 515 Clark Ave. P.O. Box 811
515.239.5142 fax Ames, IA 50010
www.CityofAmes.org
MEMO
To: Mayor and City Council
From: Jeramy Neefus, Principal Clerk, City Manager’s Office
Date: February 7, 2025
Subject: Council Packet Summary
Listed below are the communications to the City Council known to staff as of February 7, 2025:
1. Chuck Winkleblack, Hunziker Companies – February 6, 2025
RE: Request for Zoning Code Changes
2. Kelly Diekmann, Planning and Housing Director – February 6, 2025
RE: Request for Waiver to Subdivide Land in Story County within the Ames Urban
Fringe
3. Pa Vang Goldbeck, Assistant City Manager – February 7, 2025
RE: Homelessness Service Provider Mapping
4. Mark Lambert, City Attorney – February 7, 2025
RE: Streets/Sidewalks Curfew
February 6, 2025
Honorable Mayor and Council,
The Hunziker Companies currently own the property located at 263 North Hyland, and I own the
adjacent property to the South at 259 Hyland. Combined, these two properties currently contain 15
apartment units and one single family home. Both of those properties are in need of a major
transformation. These properties are located on the western edge of Campus, making them an ideal
location for student housing. The preliminary plan that we have for the property could increase the
density from 16 total units to 56 total units.
For that to happen there will need to be some changes to the current zoning codes and overlay.
The 2040 plan calls for this area to be RN-4. There have been no actual zoning ordinances written for
the new classification. The current zoning is RH- which is high density. It does not allow for the
density and intensity that we are looking for in this area.
The other issue that needs to be addressed is the parking standards. The current overlay requires
1.25 parking stalls per bedroom. We would ask that the parking standards be amended to the same
standard as the Campustown area.
Last week we took this project through the DRC review process with the city staff. I believe that staff
were generally supportive of the project except for the issues that I have outlined in this letter.
I would respectfully request that you direct staff to consider an overlay for this area to allow for this
type of density in the area. That will allow staff time in the future to develop the zoning ordinance that
is consistent with the 2040 plan. Our goal would be to start the project in August of 2025 so that the
building would be completed by August of 2026. For this to happen we will need to have the changes
made in the next 4 to 5 months.
We believe that this is a great example of infill and adaptive use of the area so close to the
University. By providing student housing in such proximity, we can help reduce the need for car use,
promoting a more sustainable and walkable campus community.
Thanks in advance for your consideration.
Sincerely,
Chuck Winkleblack
Caring People Quality Programs Exceptional Service
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
Planning & Housing Department
MEMO
515.239.5400 main
To: Mayor and City Council
From: Kelly Diekmann, Planning & Housing Director
Date: February 6, 2025
Subject: Request for a waiver to subdivide land in Story County within the Ames
Urban Fringe
Background:
Brian Foltz on behalf of Dave Lowman, of Lowman Bros. Inc. and Walnut Creek Ltd.
Partnership in Story County, recently contacted Mayor Haila and the Council
Members regarding his desire to subdivide two existing sites into parcels smaller than
35 acres (Attachment A-Letter, Attachment B-Plats) and to have the Council waive
City development standards. Any division of land within 2-miles of Ames is subject
to City review for conformance to the City’s Subdivision Code or for
consideration of a waiver of city standards (Attachment C-Location Map).
The purpose of one of the subdivisions (14.8 acres – Lowman Bros. Inc.) is to break
off a farmstead of approximately 6.5 acres from an agricultural land (8.3 acres). The
14.8-acre parcel is designated Rural Character by the City’s comprehensive plan Ames
Plan 2040, as is the surrounding cluster of existing rural homes (Attachment D).
The other proposal (Walnut Creek Ltd. Partnership) is to divide a roughly 13-acre
parcel into smaller parcels. The 13-acre parcel that is only partly within the Urban
Fringe is not designated for a use within Ames Plan 2040 (Attachment D). The whole
of the land is currently agricultural, which Mr. Lowman intends maintain. The Walnut
Creek Ltd. Partnership owns several hundred acres adjacent to both properties that is
mostly agricultural, with some timber.
The properties are south of the City, east of Kelley at the southern edge of the City’s
2-mile jurisdictional boundary generally in the area of 280th Street. Attachment C
depicts the location of the land ownership in relation to the 2-mile boundary.
Rural Subdivision Policies
Ames Plan 2040 states that the minimum lot size within the Urban Fringe is 35 acres
(UF3-1 and UF4-3). Existing farmsteads, however, are allowed to break off into
parcels smaller than 35 acres. Restricting the size of parcels serves to facilitate
future growth by ensuring that property lines and ownership do not become so
fractured that development and annexation are inhibited. It is easier to develop a large
acreage than to develop, in a piecemeal fashion, many small parcels. Council has also
approved boundary line adjustments and divisions that result in continued agricultural
use as limitation with the division.
RURAL CHARACTER AREAS
UF2-1: Existing Development.
An Existing Development designation applies to previously developed areas of
varying density below three dwelling units per acre. These areas were primarily
developed through rural subdivisions and lack urban infrastructure. They are subject to
county zoning for limited levels of residential development. Only limited development
of existing lots or minor subdivisions of existing lots with existing zoning are
anticipated during the life of this Plan. Minimum lot sizes should reflect the rural
character of the area and limited infrastructure capacity to support development
intensification. Annexation of these areas is undesirable due to the low-density of
development and minimal infrastructure improvements. These developments fall
under the Rural Character category of the land use plan.
AGRICULTURE AND NATURAL AREAS
UF3-1: Agricultural Preservation.
Agricultural areas are designated to preserve appropriate land for farming and limit the
encroachment of residential and other uses into these areas. Land divisions are
permissible only to allow for splitting off an existing homesite or farmstead from a
farm area. Minimum lot sizes are proposed at 35 acres matching Story County A-1
zoning standard.
Options Requested By Mr. Lowman:
For The 13-Acre Parcel:
Option 1: Approve Waiver of City Review Request
This option would waive the right to have the City review this subdivision, thereby
releasing it to Story County for their review. The subject subdivision is
approximately half-in and half-out of the Urban Fringe, and staff does not
oppose the jurisdictional release.
With a release of subdivision review, the applicant may proceed by submitting an
application to Story County for review.
Option 2: Decline the Request to Waive Review and instead require the property
owner to submit a Plat of Survey for City approval with waiver of development
standards.
The City Council can decline the request and have the applicant prepare a plat
document that complies with the City’s Subdivision Ordinance. Such an application
would likely require an accompanying waiver of subdivision requirements (paving,
right-of-way dedication, sidewalk installation, etc.) which the staff would likely
support since the property is at the edge of the Urban Fringe boundary.
14.8-Acre Parcel:
Option 1: Approve Waiver Request of City Standards for Agriculture Use and
Approval by City Council of a Plat of Survey.
This option would direct staff to work with the applicant to create a subdivision layout
that would break off the existing farmstead and create an agricultural parcel smaller
than 35 acres. Staff supports an accompanying plat not limiting the agricultural
property to that use. A waiver of subdivision standards would allow the applicant to
proceed with submitting either a plat of survey for City approval or a Final Plat for
City approval depending on the final determinations on configurations.
Option 2: Decline the Request to Waive City Standards
The City Council can decline the request and maintain the parcels in their current
configuration or proceed in a manner that meets all City subdivision requirements for
lot size and improvements.
Staff Comments:
Ames has a policy of only subdividing land in the Urban Fringe into parcels that are at
least 35 acres for areas seen as Agricultural and Farm Service classifications.
Subdivisions that intensify use near the City and do not include urban development
standards can be counter to the City’s plans for growth and expansion.
Mr. Lowman has communicated to staff his desire to subdivide his farmland in Story
County, east of Kelley.
The location of these divisions are at the edge of the City’s 2-mile jurisdictional
boundary. The area in general is highly unlikely to be incorporated into the City
in the future due to existing development patterns in this area. As such, staff
supports the waiver to release the 13-acre parcel from City review and to
allowing the subdivision standards and minimum lot size to be waived for the
14.8-acre parcel with an agricultural restriction on the portion of land left after
the farmstead has been broken off.
If City Council believes the proposed subdivision is consistent with the intent of the
City for management of the Urban Fringe area, Option 1 for each parcel as described
above would allow for the property owner to proceed with preparing a plat of survey
or final plat as appropriate. City Council would direct that this request be placed
upon future agenda to give direction.
Attachment A
Letter to Council
Attachment D
Proposed Subdivisions
Attachment C
Property Location
Attachment D
Property Location with Fringe Land Use Designations
Attachment E
Sketch Plan Letters
515.239.5101 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
City Manager’s Office
MEMO
To: Mayor and City Council
From: Pa Vang Goldbeck, Assistant City Manager
Date: February 7, 2025
Subject: Council Referral – Homelessness Service Provider Mapping
At the November 12, 2024 City Council Meeting, Council requested that staff with work ISU
Extension and Outreach to expand the asset mapping work to include a geographical components
that maps where service providers who assist the unhoused are located.
Since then, City Manager staff have convened community service providers to update a matrix of
housing services available and to create a map of where service providers are located. These
resources were emailed to folks who have been participating in the service provider roundtables
and are available through the City’s website:
Community Network of Support Services | City of Ames, IA. The City, in partnership with Story
County Housing Trust Fund, will work together to update the information semi-annually.
Below is an image of the interactive map available on the website:
This information has also been shared with Analytic Insight, the consultant working to develop a
county-wide action plan around homelessness. The plan is anticipated to be completed at the end
of April 2025.
Caring People Quality Programs Exceptional Service
515.239.5146 main
515.239.5142 fax
515 Clark Ave.
Ames, IA 50010
www.CityofAmes.org
Legal Department
MEMO
Legal Department
To:Mayor Haila and Ames City Council
From:Mark O. Lambert, City Attorney
Date:February 7, 2025
Subject:Memo on 10:30 street/sidewalk closures
On January 28, 2025, the Council adopted the following motion:
“Request staff bring back a memo that outlines options that could be
considered by the City Council that will create parity among public spaces
for example library, public streets, sideways, and alleys with City parks
which have a curfew of 10:30 p.m.”
City parks are facilities of the City, and therefore the 10:30 p.m. closing time can
be viewed as closing a facility. It is not a curfew.
It is difficult if not impossible to apply the same logic to City streets, sidewalks,
and alleys. Streets, sidewalks and alleys are public thoroughfares. They are
not the same as a City park. Essentially, prohibiting people from utilizing
streets, sidewalks and alleys after 10:30 p.m. would likely be found to be an
unconstitutional curfew, as inhibiting the right to travel and the right to engage in
First Amendment activity. Most curfew laws passed around the country have
only affected minors, and some of those have been upheld if they contain
exceptions for minors engaging in First Amendment activity.1 The case law is
1 E.g.,Schleifer v. City of Charlottesville, 159 F. 3d 843(1998) upholding a minor
curfew. Also,Hutchins v. District of Columbia, 188 F.3d 531 (DC Cir. 1999),
striking down a minor curfew law as unconstitutional. The Iowa Supreme Court
mixed, with such ordinances affecting minors being upheld in instances and
struck down in instances. It is likely that a curfew for adults could not be
imposed except in emergency situations such as disasters.
The City, and the State of Iowa, do not have loitering laws. Likely, this is
because loitering laws repeatedly have been found to be unconstitutional by
courts.2 So I would not recommend passing a loitering ordinance.
Additionally, an ordinance that shuts down the City’s sidewalks at 10:30 p.m.
seems to potentially create a host of problems from a practical standpoint.
First, people can have good reason to be going places after 10:30 at night. For
example, any businesses are open after 10:30 at night. Secondly, any
consistent enforcement could require substantial resources and might be
impractical.
Rather than an ordinance prohibiting people from being on the sidewalks and
streets after 10:30 p.m., an alternative might be for the Council to consider a
prohibition on camping on public property. The City of Des Moines and the City
of Waukee have recently passed such ordinances, but not without controversy.
These ordinances are attached.
Finally, ASSET Funders (inclusive of the City of Ames) have contracted with a
consultant, Analytic Insight, to develop an action plan around addressing
homelessness using evidence-based practices to inform the development of the
plan. Prohibition on camping will be a practice that could be recommended, or
not, by the consultant through their work. The plan is expected to be developed
upheld Panora’s curfew law for minors in City of Panora v. David Simmons, 445
N.W. 2d 363 (1989); the Iowa Supreme later held that the City of Maquoketa’s
minor-curfew ordinance was unconstitutionally overbroad.City of Maquoketa v.
Russell and Campbell, 484 N.W. 2d 179 (1992).
2 Papachristou v. City of Jacksonville, 405 U.S. 156 (1972);City of Chicago v.
Morales, 527 U.S. 41 (1999).
by the end of April 2025. I would recommend deferring any action on
considering such an ordinance until after April 2025.
#
APPENDIX C - ELECTRIC FRANCHISE
APPENDIX D - GAS FRANCHISE
APPENDIX E - TAX INCREMENT ORDINANCES
APPENDIX F - HOTEL AND MOTEL TAX
APPENDIX G - SEWER DISTRICTS
APPENDIX H - CABLE FRANCHISE AGREEMENT
APPENDIX I - IOWA REINVESTMENT DISTRICTS
CODE COMPARATIVE TABLE - 1991 CODE
CODE COMPARATIVE TABLE - ORDINANCES
STATE LAW REFERENCE TABLE
Secs. 102-380—102-405. - Reserved.
ARTICLE VII. - USE OF STREETS AND SIDEWALKS FOR BUSINESS PURPOSES
ARTICLE VI. - PROHIBITED CAMPING
Footnotes:
--- (3) ---
Editor's note— Prior to reenactment by Ord. No. 16,382, Ord. No. 16,005, § 1, adopted April 19, 2021, repealed Art. VI,
§§ 102-406—102-430, which pertained to benches and derived from Code 1942, §§ 88-27—88-29, 88-32—88-35, 88-38
—88-42; Code 1954, §§ 54-199, 54-201, 54-208, 54-211; Code 1962, §§ 54-194—54-212, 54-212.01—54-212.03, 54-
212.05, 54-212.06; Code 1975; Code 1979; Code 1985, §§ 23-175, 23-184, 23-185, 23-187, 23-189, 23-194; Code
1991, §§ 23-175—23-199; Ord. No. 4976; Ord. No. 5650; Ord. No. 8454; Ord. No. 8558; Ord. No. 11,406; Ord. No.
11,548; Ord. No. 11,583; Ord. No. 12,048; Ord. No. 14,095; Ord. No. 14,174; Ord. No. 14,935.
Sec. 102-406. - Definitions.
Unless the context requires otherwise the following definitions apply to this article:
Campsite means any place where bedding, sleeping bag, or other material used for bedding
purposes, or any stove or fire is placed, established, or maintained for the purpose of maintaining a
temporary place to live, whether or not such place incorporates the use of any tent, lean-to, shack, or
any other structure, or any vehicle or part thereof.
[3]
Des Moines, IA
(a)
(b)
(c)
(a)
(b)
(c)
Local agency means an organization skilled and experienced in services to the homeless and
associated human services. The city is not restricted to working with one local agency.
Personal property means any item reasonably recognizable as belonging to a person and having
apparent utility or monetary value.
To camp means to set up or to remain in or at a campsite.
(O.16,382)
Sec. 102-407. - Sleeping on sidewalks, streets, alleys or doorways
prohibited.
No person may sleep on public sidewalks, streets, alleys, doorways at any time as a matter of
individual and public safety.
No person may sleep in any pedestrian or vehicular entrance to public or private property
abutting a public sidewalk.
In addition to any other remedy provided by law, any person found in non-compliance of this
section may be immediately removed from the premises.
(O.16,382)
Sec. 102-408. - Camping prohibited.
No person may occupy a campsite in or upon any sidewalk, street, alley, lane, public right of way,
park, bench, or any other publicly owned property or under any bridge or viaduct, unless authorized by
the city manager or their designee or otherwise specifically authorized by section 74-101.
(O.16,382)
Sec. 102-409. - Removal of campsite on public property.
Upon discovery of a campsite on public property, removal of the campsite by the city may occur
under the following circumstances:
Prior to removing the campsite, the city shall post a notice at the campsite. The notice
shall state the name, address and telephone number of the department director; that the
campsite is in violation of the requirements of this article; that the owner or user is
ordered to cause immediate removal from the public property, which date of removal
shall be no less than 24-hours after the date the notice was posted.
At the time a 24-hour notice is posted, the city shall inform a local agency of the location
of the campsite.
After the 24-hour notice period has passed, the city is authorized to remove the campsite
and all personal property related thereto.
Des Moines, IA
(a)
(b)
(c)
(d)
(a)
(b)
(c)
(O.16,382)
Sec. 102-410. - Offense and fine.
It is the city council's intent that this article shall be utilized for compliance purposes to
discourage non-compliant behavior and not as a general enforcement mechanism.
A person who is not a minor and who fails to comply with sections 102-407 or 102-408
commits a simple misdemeanor, punishable by a fine of $15.00 and specifically excludes
imprisonment.
For any criminal offense under sections 102-407 or 102-408, it shall be an affirmative defense
if space is unavailable or impracticable in a shelter within the City of Des Moines or the person
cannot afford the fine.
For any person who fails to comply with sections 102-407 or 102-408, prior to carrying out
those sections, a police officer shall offer a one-time transport as time allows to the shelter
location or provide directions to the shelter location. A person who refuses to accept the
shelter space offered and fails to comply with this article shall be deemed to be in non-
compliance of sections 102-407 or 102-408 as applicable.
(O.16,382)
Sec. 102-411. - Disposition and release of personal property.
At the time of removal, items having no apparent utility or monetary value and items in an
unsanitary condition may be immediately discarded. Weapons, drug paraphernalia, items
appearing to be stolen, and evidence of a crime may be retained as evidence by the city until
an alternate disposition is determined.
All personal property removed from the campsite which is not disposed of, or retained as
evidence pursuant to subsection (a) above, shall be stored by the city for no less than 30 days
in accordance with city policy.
The owner of personal property which is not disposed of or retained as evidence pursuant to
subsection (a) above, may request return of the property in accordance with city policy. The
owner of personal property may appeal a decision by the city not to return property stored
pursuant to subsection (b) above pursuant to the administrative appeal process set forth in
chapter 3 of this Code by filing a written notice of appeal with the city clerk within 30 days
commencing on the date of posting the notice of removal of the personal property. Failure to
timely file a written notice of appeal shall constitute a waiver of any right to contest such
decision. The administrative hearing officer's authority on appeal shall be limited to ordering
personal property that is stored pursuant to subsection (b) above to be provided to the
appellant.
Des Moines, IA
Secs. 102-380—102-405. - Reserved.
ARTICLE VII. - USE OF STREETS AND SIDEWALKS FOR BUSINESS PURPOSES
(O.16,382)
Secs. 102-412—102-455. - Reserved.
Des Moines, IA
ORDINANCE NO. 3105
AN ORDINANCE ADDING CHAPTER 47, CAMPING, OF THE MUNICIPAL
CODE OF THE CITY OF WAUKEE, IOWA
WHEREAS, pursuant to Iowa Code Chapters 364.1 and 364.12 (2023), the City of
Waukee, Iowa, is authorized to preserve and improve the property of the City and the peace,
safety, health, welfare, comfort and convenience of its residents and shall keep all public
grounds, streets, sidewalks, trails, alleys, bridges, culverts, overpasses, underpasses, grade
crossing separations and approaches, public ways, squares, and commons, open, in repair and
free from nuisance; and
WHEREAS, public property is intended to be used by the public for public purposes,
including daily City operations, park recreational use, pedestrian, bicycle and vehicular
transportation, and other public uses; and
WHEREAS, camping without adequate sanitation services, including but not limited
to bathrooms, showers, sewer, water, and garbage, presents a public health and safety concern
to members of the public; and
WHEREAS, it is important to maintain public property consistent with its intended use;
and
WHEREAS, the City Council of the City of Waukee hereby finds the requirements
established by this Ordinance are necessary for the preservation of the public peace, health,
safety, and welfare; and
WHEREAS, the City Council of the City of Waukee, Iowa, has considered this matter
during a regular public meeting, has given careful review and consideration to the matter, and
deems it necessary and proper to adopt a new chapter 47, "Camping", as a part of the Code of
Ordinances of the City of Waukee, Iowa.
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of
Waukee:
Section 1: That the Code of Ordinances of the City of Waukee, Iowa, is hereby
amended to adopt the following underlined language:
CHAPTER 47 CAMPING
47.01 UNLAWFUL CAMPING.
1. It shall be unlawful for any person to camp. occupy camp facilities or
use camp paraphernalia in the followinga_
A. Any park unless expressly authorized by the Waukee Director
of Parks and Recreation or designee,
B. Any publicly -owned property to which the public is not
ordinarily allowed access, including but not limited to, public buildings,
water storaf,e tank sites, well sites, storm water ponds and facilities, and
other secured properties;
C. That portion of any street or sidewalk that is expressly reserved
for vehicular or pedestrian travel;
D. Portions of any street right-of-way that is not expressly reserved
for vehicular or pedestrian travel, and
E. Any other publicly -owned parking, l of or publicly -owned
property, improved or unimproved.
47.02 STORAGE OF PERSONAL PROPERTY IN PUBLIC PLACES.
1. It shall be unlawful for any person to store personal property, including
camp facilities and camp paraphernalia, in the following areas:
A. Any park-,
B. Any publicly -owned property to which the public is not
ordinarily allowed access, including but not limited to, public buildings,
water storage tank sites, well sites, storm water ponds and facilities, and
other secured properties,
C. That portion of any street or sidewalk that is expressly reserved
for vehicular or pedestrian travel;
D. Portions of any street right-of-way that is not expressly reserved
for vehicular or pedestrian travel, and
E. Any other publicly -owned parking l of or publicly -owned
property, improved or unimproved.
47.03 PENALTY FOR VIOLATIONS.
1. Violation of any of the provisions of this Chapter is a simple
misdemeanor punishable by a fine but not imprisonment. Notwithstanding, the
maximum fine imposed for a first conviction for a violation of this Chapter
shall be no more than one hundred and five dollars ($105.00).
2. Prior to imposing fine for violation of this Chapter, the Court shall
make an inquiry into a person's abilitypay. In the event that a defendant is