ANKENY CITY COUNCIL

City Council Agenda

August 19, 2024
5 : 30 PM

Mark Holm, Mayor
Bobbi Bentz, Mayor Pro tem

Council Members: Jeff Perry, Joe Ruddy, Todd Shafer, Kelly Stearns
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ORIGINATING DEPARTMENT: COUNCIL GOAL:
City Manager
ACTION REQUESTED:
Motion
LEGAL:
Item Reviewed by Legal Counsel
SUBJECT:
Hubbell Realty Company on behalf of On With Life — Request to suspend enforcement of construction noise levels in the City’s Noise Control ordinance, Chapter 44 of the Ankeny Municipal Code.
EXECUTIVE SUMMARY:

Hubbell Realty Company recently announced their plans for the sixth "Hubbell Extreme Build" in partnership with On With Life, a nationally recognized brain injury, stroke and neuro rehabilitation program with campuses in Ankeny, Glenwood, Coralville and Des Moines.

The Extreme Build, which will take place in September 2024, will consist of two 3,800 square foot Family Homes, which will serve as an in-patient home for client’s post-injury. The Family Homes will each have five suites, for a total of ten suites, that include bedroom, bathroom, storage, and mini kitchenette. Both Family Homes will have shared family rooms with business center, full kitchen with needed appliances and a dining area for clients.

The homes are estimated to be built in less than one week and cost an estimated $2 million total.  The construction of the homes in this type of condensed schedule requires work on site 24/7 during the project, with louder, more typical construction (framing, roofing, etc.) activity happening during the day, and less intrusive activity happening at night (wiring, drywall, plumbing, etc.). 

 

Chapter 44.02 specifically states: “This chapter applies to the control of all noise originating within the limits of the City, except in the following cases: (2). The Council has determined that, by reason of public acceptance of the activity producing a particular noise or noises, such noise is deemed acceptable to the residents of Ankeny.”

 

In a proactive attempt to reach out to neighbors and inform them about the project noise, and to seek out volunteers interested in helping with the project, the attached letter, dated June 17, 2024, was sent out by On With Life.  This letter outlines the planned Hubbell Extreme Build event and the potential impacts associated with 24/7 construction that is necessary to complete the project within one week (09-13-2024 through 09-20-2024).

 

 The request associated with this item is to specifically approve or deny the request to suspend Chapter 44 of the Ankeny Municipal Code.

FISCAL IMPACT: No
CITY MANAGER'S RECOMMENDATIONS:

The City Manager recommends the Council consider approving or denying the request by Hubbell Realty Company, on behalf of On With Life, to suspend enforcement of certain provisions of Chapter 44. If the City Council approves the request, the following conditions are recommended by staff to be included as part of the motion:

  1. That outdoor construction activity (i.e. framing, roofing) be conducted during daytime hours, and other less intrusive sounds and activities occur in the evening or overnight.
  2. Reasonable attempts be undertaken by Hubbell Realty Company to mitigate construction site light spillover during overnight activity during the event. 
  3. That the approval be conditioned on Hubbell Realty Company or On With Life notifying all property owners within 250 feet of the property line of the location of the event, in writing, that overnight construction activity will occur, including the date, time and approximate duration of the event.
PREVIOUS COUNCIL/COMMISSION/BOARD ACTION(S):

Council has approved similar requests to suspend Chapter 44 - Noise Ordinance  from Faith Baptist College in 2022 and 2023 for the firing of a howitzer cannon within city limits, but with specific limitations. 

PUBLIC OUTREACH EFFORTS:
ACTION REQUESTED:

Action: <span>Consider motion to <strong>approve or deny</strong> the request by Hubbell Construction, on behalf of On With Life to suspend enforcement of certain provisions of Chapter 44.</span>

ADDITIONAL INFORMATION:
ATTACHMENTS:
Click to download
Request Correspondence
Neighbor Letter
Construction Schedule
Location Map House Locations
Location Map