HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 04/17/2001MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA APRIL 17, 2001
The Ames City Council met in special session at 7:00 p.m. on the 17th day of April, 2001, in the City
Council Chambers in City Hall, 515 Clark Avenue, pursuant to law with Mayor Ted Tedesco
presiding and the following Council members present: Campbell, Cross, Goodhue, Hoffman, and
Wirth. Council Member Quirmbach arrived at 7:05 p.m.
CALL TO ORDER: 7:00 p.m.
PROPOSED LAND TRANSACTION WITH JON CHESTER FOR SALE OF CITY
PROPERTY LOCATED NORTH OF CRYSTAL STREET: Moved by Wirth, seconded by
Goodhue, to adopt RESOLUTION NO. 01-139 repealing Resolution No. 01-136 and proposing
a Quit Claim Deed of land by the City of Ames to Armstrong Properties, L.L.C., pertaining to
property located north of Crystal Street, with a deed restriction on garages being constructed no
closer to the bike path than 19 feet.
Roll Call Vote: 5-0. Resolution declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these minutes.
WORKSHOP ON RENTAL HOUSING CODE: City Manager Steve Schainker reminded
the Council that the Zoning Ordinance was changed to reflect their new philosophy pertaining
to single-family rental units in neighborhoods. He said that, although the Zoning Ordinance was
changed, the Rental Housing Code retained the allowance for a family and two roomers or three
unrelated people in all dwelling units in all zoning districts; thus, an inconsistency now exists
between the Zoning Ordinance and the Rental Housing Code. Until these two Ordinance
inconsistencies are reconciled, he said that it is difficult for the Inspections staff to issue Letters
of Compliance to rental property owners. Mr. Schainker emphasized that this workshop was
scheduled to allow City staff to work out these philosophical differences. He advised that after
the City Council agrees on a preferred option for all six issues, the staff will schedule a public
meeting with rental property owners and neighborhood representatives to review those
recommendations, and following those meetings, a revised Rental Housing Code and/or Zoning
Ordinance will be brought back to the City Council for their final approval.
Eden Schmitt, Planner, explained the definitions that the Council needed to be familiar with
before making decisions on the issues. She reminded the Council that, at their meeting of March
27, 2001, they had requested occupancy options dealing with single-family units in low-density
areas, single-family units in higher density areas, multiple-family units, and a “grandfathering”
approach.
Ms. Schmitt identified the following issues with alternative(s) to resolve same:
1. New and Existing Single-Family and Two-Family Units in Low-Density Areas
2. Existing Single-Family and Two-Family Units in Medium- and High-Density Areas (RM
and RH)
Ms. Schmitt clarified that only the second and third options listed in the staff
report should cite Section 29.201(62)(a); the other four options relate to Section
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29.201(62).
3.Existing Apartments (three units or more) in Zoning Districts Other than RM and RH
4.Existing Apartments (three or more units) Approved Before May, 2000, in Medium- and
High-Density Areas
Mr. Schainker advised that the fourth option, “Occupancy Based on Bedroom Count if
Additional Parking,” should cite Section 29.201(62), not (62)(a).
5.New Apartments (three or more units) Approved After May, 2000, in Medium- and High-
Density Areas
Ms. Schmitt stated that this option should also cite Section 29.201(62), not (62)(a).
6.“Grandfathering” Concept
Joe Paulson, 3213 West Street, Ames, stated that his biggest concern is the
“grandfathering” clause. He is a rental property owner and asked questions pertaining to
his individual situation. Mr. Paulson said that he would like to see properties in the low-
density residential zone be permitted to have three or four occupants, depending on the
number of bedrooms. Currently, Mr. Paulson owns a four-bedroom house and is only
allowed to rent it to three unrelated persons.
Roy Young, 1330 Northwestern, Ames, asked why the Ordinance couldn’t be simplified
so that no matter what house, whether owner-occupied or rental, the number of occupants
to be allowed would be the number of bedrooms plus one person. He feels that a general
standard should be set so that everyone knows what is allowed. Council Member
Campbell pointed out that that option was a possibility, but may pose problems in certain
areas, such as the University-Impacted.
Karen Cantonwine, 3008 Wood Street, Ames, asked if the laws pertaining to renters are
able to be enforced. She suggested that, instead of establishing new laws, perhaps the City
Council should consider zoning law changes that encourage younger families to move into
established neighborhoods.
Mr. Schainker asked the City Council to give the staff direction on each of the six issues.
I. “New and Existing Single-Family and Two-Family Units in Low-Density Areas (RL and
UCRM Districts). Moved by Campbell, seconded by Wirth, to support the staff
recommendation of the “No Roomer” option [i.e., allow only a family, as defined in Section
29.201(62) of the Zoning Ordinance].
Council Member Quirmbach explained that he is not in favor of that option as he feels that
allowing roomers provides a young family with extra income. Mr. Quirmbach prefers the third
option that would allow a family [as defined in Section 29.201(62)(a) of the Zoning Ordinance]
to have up to two roomers if the unit is owner-occupied and there is one additional parking space
provided off street in excess of the current code requirement for each roomer. Council Member
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Campbell said that she does not want to allow a situation where parents purchase a single-family
home for their child(ren) who are college students to live in; thus, making it owner-occupied, and
the students, in turn, rent rooms to unrelated persons. Council Member Quirmbach would like
the language to be refined to address both situations.
Vote on Motion: 4-3. Voting aye: Campbell, Hoffman, Wirth. Voting nay: Cross, Goodhue,
Quirmbach. Mayor Tedesco voted aye to break the tie. Motion declared carried.
Merle Garman, 1799 Old Bloomington Road, Ames, expressed his opinion concerning
“grandfathering.” He said that the City should go by what rights the person had at that time, even
if he or she didn’t exercise those rights, rather than trying to figure out what exact situation
existed on a certain date.
Moved by Quirmbach, seconded by Cross, to approve the staff recommendations for Items II thru
VI.
Pertaining to Item VI, “Grandfathering,” Council Member Hoffman expressed her opinion that
she is not supportive of allowing the actual approved occupancy to continue in accordance with
the number of occupants approved in the most recent Letter of Compliance prior to May, 2000,
if adequate parking is not being provided.
Moved by Hoffman, seconded by Campbell, to amend the motion to remove Item VI, pertaining
to “grandfathering,” to allow for separate discussion.
Vote on Amendment: 6-0. Motion declared carried unanimously.
Vote on Amended Motion: 6-0. Motion declared carried unanimously.
The following options were approved by City Council:
II. Existing Single-Family and Two-Family Units in Medium- and High-Density Areas.
Allow a family, as defined in Section 29.201(62) of the Zoning Ordinance, or one more person
than the number of bedrooms if off-street parking meets current Code for apartments (one
parking space per bedroom for two bedrooms or more in general and 1.25 parking spaces per
bedroom for two bedrooms or more in University Impacted area).
III. Existing Apartments (three units or more) in Zoning Districts other than RM and RH
(RL, HOC, UCRM): Only allow a family as defined in Section 29.201(62).
IV. Existing Apartments (three or more units) approved before May 2000 in Medium- and
High-Density Areas (RM and RH): Allow a family, as defined in Section 29.201(62) of the
Zoning Ordinance, or one more person than the number of bedrooms if off-street parking meets
current Code for apartments (one parking space per bedroom for two bedrooms or more in
general and 1.25 parking spaces per bedroom for two bedrooms or more in University Impacted
area).
V. New Apartments (three or more units) approved after May 2000 in Medium- and High-
Density Areas (RM and RH): Allow a family, as defined in Section 29.201(62) (a) of the
Zoning Ordinance, or one more person than the number of bedrooms.
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VI. Grandfathering Concept. Discussion then ensued on the “grandfathering” concept. Jim
Gunning, 119 Hickory Drive, Ames, stated that he went to a large number of neighborhood
meetings when the new Zoning Ordinance was being discussed. He said that a lot of rental
property owners had their properties down-zoned from RH to RL when the new Zoning
Ordinance went into effect. Mr. Gunning advised that these property owners acquiesced because
they were assured that they would not lose anything as a result of the rezoning.
Sharon Guber, 125 State, Ames, asked for a clarification pertaining to “grandfathering.” She was
told that if the ownership changes, the grandfathering clause remains in effect for that property;
however, if the use changes, the nonconformity would no longer be allowed. City Attorney John
Klaus confirmed that a nonconformity may continue unless the use changes.
Moved by Campbell, seconded by Quirmbach, to accept the staff recommendation for Item VI.
pertaining to “grandfathering,” i.e., to allow the occupancy to continue in accordance with the
number of occupants approved in the most recent Letter of Compliance prior to May, 2000,
unless negated by a change in conditions of the property that would restrict the number of
occupants in accordance with the new law.
Vote on Motion: 6-0. Motion declared carried unanimously.
COMMENTS: Moved by Goodhue, seconded by Quirmbach, to refer to staff the letter from Matt
Eller, Premier Contractors, Inc., pertaining to the security filed with the Final Plat for Country
Meadows, 2nd; and to refer the letter from Linda Glantz Ward and Douglas Ward requesting a
waiver from the requirements for public improvements for a one-lot home site on West Riverside
Road.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 9:08 p.m.
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Diane Voss, City Clerk Ted Tedesco, Mayor