HomeMy WebLinkAbout~Master - Special Ames Conference Board Meeting 09/13/2005MINUTES OF THE SPECIAL MEETING OF THE AMES CONFERENCE BOARD
AND REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA SEPTEMBER 13, 2005
SPECIAL AMES CONFERENCE BOARD MEETING
The special meeting of the Ames Conference Board was called to order by Chairman Ted Tedesco
at 5:34 p.m. on September 13, 2005. Present from the Ames City Council were Cross, Goodhue,
Goodman, Vegge, and Wirth. Council Member Mahayni arrived at 5:38 p.m. Ex officio Member
Borich was also present. Story County Board of Supervisors present were Clinton, Halliburton, and
Toms. Representing the Ames School Board were Acker and Dilla. Gilbert and United School
Districts were not represented.
UPDATE ON CITY ASSESSOR RECRUITMENT: Mayor Tedesco advised that the
procedures mandated by the Iowa Code have been followed; each entity has a representative on the
Examining Board, and they have fulfilled the time requirements.
REPORT OF THE EXAMINING BOARD: Judie Hoffman, Chairperson of the Examining Board,
explained that the Board is comprised of three individuals: Susan Hoshor, representing the Ames
City Council; Donna Cowan, representing the Story County Board of Supervisors; and she is
representing the Ames School Board. The Examining Board meets when the Assessor’s position
is vacant. Ms. Hoffman said that there is no record as to when the Examining Board last met;
there is evidence that it has not met in the last 18 years. She encouraged the Council members
to suggest to legislators that the Code be updated to disband Examining Boards. Excerpts from
the Code as to the duties of the Board were read by Ms. Hoffman. Regarding the current
vacancy, the Examining Board has met three times, conducted a conference call with the Iowa
Department of Revenue (IDOR), and requested a list of qualified candidates. The Register of
qualified candidates has been received; it contains 240 names, but is two years old. Ms.
Hoffman pointed out that the Board has no budget.
On behalf of the Examining Board, Ms. Hoffman recommended that the Chairman of the
Conference Board request that the IDOR conduct a special examination for the Ames City
Assessor position. Although it is not anticipated that the IDOR will grant that request as an
examination is scheduled to be given on October 29, 2005, it will allow more time for the
Conference Board to act on this matter. The new Register should be received by the Examining
Board by November 2 and will be passed on to the Conference Board. The Examining Board
suggested that Assistant City Manager Bob Kindred and staff from the City’s Human Resources
Department then meet with the Conference Board and start the process of selecting a new
Assessor. Chairman Tedesco said that it would be appropriate to direct the City Assessor’s
Office to have the Notice of Examination published.
Mr. Tedesco pointed out that discussions are occurring as to whether it is feasible to combine
the City and County Assessors’ Offices; it is anticipated that the report will be presented to the
City Council on September 27, 2005.
Supervisor Halliburton asked if the costs incurred by the Examining Board could be borne by
the Conference Board. Ms. Hoffman advised that none of the Examining Board members had
incurred any costs. Chairman Tedesco said that a member of the City Clerk’s Office had staffed
the meetings and there had been some postage expense. Ms. Halliburton pointed out that the
City of Ames should not be solely responsible for any costs incurred by the Examining Board;
the Conference Board should pick up those expenses.
Assistant City Manager Bob Kindred explained the process to be followed by the City’s Human
Resources Department to assist in filling the position. A recommendation will be given to the
Conference Board, and the Board, or certain members thereof, would review the qualifications
and interview the candidates. The Conference Board will ultimately make the decision as to
whom to hire.
Mr. Kindred said that there will be two parallel processes: interested candidates will take the test
in October and send their applications to the City’s Human Resources Department. He expects
that it will be late October or early November before interviews occur. Chairman Tedesco said
that the Conference Board will meet the deadline as long as the process is moving ahead.
Chairman Tedesco reminded the Conference Board that there were two decisions to be made:
(1) whether or not to combine the City/County Assessors’ Offices, which is strictly the decision
of the Ames City Council, and (2) if kept separate, whom to hire as the Ames City Assessor.
After the Register of Candidates is received, the Examining Board will meet and forward the
Register on to the Conference Board.
DIRECTION FOR CONFERENCE BOARD CHAIRPERSON: Moved by Goodhue, seconded
by Clinton, to direct the Chairman of the Conference Board to write a letter to the Iowa
Department of Revenue requesting that a special examination be administered; direct that the
IDOR’s Notice of Examination for City/County Assessor for the October 29, 2005, state
examination be published in the Ames newspaper; direct the City’s Public Relations Officer to
issue a press release regarding the state’s exam; and, direct that any costs associated with
newspaper publications be paid out of the City Assessor’s budget.
Vote on Motion: 3-0. Motion declared carried unanimously.
ADJOURNMENT: 5:50 p.m.
REGULAR MEETING OF THE AMES CITY COUNCIL
The regular meeting of the Ames City Council was called to order by Mayor Ted Tedesco at 6:07
p.m. on September 13, 2005, in the City Council Chambers in City Hall, 515 Clark Avenue. Present
from the Ames City Council were Cross, Goodhue, Goodman, Mahayni, Vegge, and Wirth. Also
present was Ex officio Member Borich.
Mayor Tedesco advised that the presentation on “One Community” had been pulled from the
Agenda and will be on the September 27, 2005, City Council Agenda. Item No. 38 was also pulled,
as Scott Dockstader withdrew his application for the Planning & Zoning Commission.
The Mayor recommended pulling from the Consent Agenda, for separate discussion, Item 7g, which
pertained to the Outdoor Service Privilege for Cy’s Roost; Item 17, “ExCYtement in the Streets; and
Item 18, regarding a charitable water fight.
PROCLAMATION FOR “NATIONAL ALCOHOL AND DRUG ADDICTION RECOVERY
MONTH”: Mayor Tedesco proclaimed the month of September 2005 as “National Alcohol and
Drug Addiction Recovery Month.” Accepting the Proclamation was Sherry Bradley, Center for
Addictions Recovery.
EXCYTEMENT IN THE STREETS: Kari Nichols, 2118 Sunset Drive, Ames, and Lindsay
Thompson, 6205 Willow/Bates, Ames, representing the Iowa State University Homecoming
Central Committee, were present. Ms. Nichols explained what was planned for “ExCYtement
in the Streets, which will take place on October 21, 2005, and invited the public to the events.
The meeting recessed at 6:05 p.m. and reconvened at 6:32 p.m.
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RECOGNITION OF CITY OF AMES’ “WELCOME TO AMES” EVENT FOR NEW
STUDENTS: Mayor Tedesco explained that events were held on Welch Avenue on August 25 and
26, 2005, to welcome students back to Ames. He introduced Deputy Fire Chief Paul Sandoval,
who was a coordinator of the events. Deputy Chief Sandoval thanked the Mayor, Council, and
members of City staff for their support. He introduced those staff members present who had
assisted with the events. Mayor Tedesco read the names of 54 City staff members who had
helped.
CONSENT AGENDA: Moved by Cross, seconded by Goodhue, to pull items numbered 7g, 13, and
18 for separate discussion and approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the special meeting of August 23, 2005
3. Motion approving certification of civil service applicants
4. Motion approving renewal of the following beer permits and liquor licenses:
a. Class C Liquor - Corner Pocket/Zone, 125 Main Street
b. Class C Beer - Decker’s Amoco, 821 Lincoln Way
c. Class C Liquor & Outdoor Service Privilege - Hickory’s Hall, 300 S. 17th Street
d. Class B Beer and Class B Wine - KMart #3971, 1405 Buckeye Avenue
e. Class BW Liquor - Le’s Vietnamese Restaurant, 113 Colorado Avenue
f. Class C Liquor - Mandarin Restaurant, 415 Lincoln Way
5. Motion approving new Class B Beer Permit for Wings to Go, 3706 Lincoln Way, pending
issuance of certificate of occupancy
6. Motion approving a fireworks display from Iowa State University’s Central Campus at
11:59 p.m. on September 24, 2005, in celebration of Engineers’ Week, subject to ISU approval
7. Motion approving a fireworks display at Ames High Stadium on September 30, 2005, in
celebration of AHS Homecoming
8. Motion approving a fireworks display from Iowa State University’s Central Campus at
11:45 p.m. on October 21, 2005, in celebration of ISU Homecoming, subject to ISU approval
9. Motion directing City Attorney to prepare an ordinance establishing parking regulations on
Dalton Street and Dalton Circle
10. Motion directing City Attorney to prepare an ordinance revising the speed limit on Mortensen
Road
11. Octagon Art Festival on September 25, 2005:
a. Motion approving blanket temporary obstruction permit for sidewalks adjacent to closed
streets
b. Motion approving blanket vending license for the duration of the event
c. RESOLUTION NO. 05-375 approving closure of portions of Main Street, Burnett Avenue,
Kellogg Avenue, and Douglas Avenue from 3 a.m. to 9 p.m.
d. RESOLUTION NO. 05-376 approving closure of parking spaces within the closed street
areas
e. RESOLUTION NO. 05-377 waiving fees for use of traffic control devices and electricity
during the event
12. Blue Sky Day on September 18, 2005:
a. Motion approving temporary, partial lane closure of Northwestern Avenue
b. Motion approving temporary closure of 13th Street at the Northwestern Avenue intersection
13. RESOLUTION NO. 05-378 approving street closures on Ash Avenue, Gable Lane, Gray
Avenue, Sunset Drive, and Pearson Avenue for “ExCYtement in the Streets”
14. RESOLUTION NO. 05-380 approving expenditures for Neighborhood Improvement Program
projects for 2005/06
15. RESOLUTION NO. 05-381 approving agreement with Qwest for 24-month period to provide
digital trunk service for the City
16. RESOLUTION NO. 05-382 approving Engineering Services Agreement for the 2006/07
CyRide Route Reconstruction Program (Jewel Drive from South Duff Avenue to Garnet Drive)
17. RESOLUTION NO. 05-383 approving Grade Crossing Surface Repair Agreement with Union
Pacific Railroad (Scholl Road)
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18. RESOLUTION NO. 05-384 approving Federal STP Agreement for the 2006/07 Collector Street
Rehabilitation Program (Northwestern Avenue from 6th Street to 13th Street)
19. RESOLUTION NO. 05-385 approving change in source of funding for Ames International
Partner Cities Association, Inc.
20. RESOLUTION NO. 05-386 approving Change Orders 1 through 4 for the 2005/06 Concrete
Pavement Reconstruction Program (Lynn Avenue)
21. RESOLUTION NO. 05-387 approving Change Orders 1 through 4 for the East Lincoln Way
Widening Project
22. RESOLUTION NO. 05-388 accepting completion of Mortensen Road Sanitary Sewer
Extension Project
23. RESOLUTION NO. 05-389 accepting completion of Contract No. 11, Mechanical
Installation–Combustion Turbine Generator Project
24. RESOLUTION NO. 05-390 accepting completion of Contract No. 12, Electrical
Installation–Combustion Turbine Generator Project
25. RESOLUTION NO. 05-391 accepting completion of Contract No. 13, Exhaust
System–Combustion Turbine Generator Project
26. RESOLUTION NO. 05-392 accepting completion of 2005/06 Slurry Seal Program
27. RESOLUTION NO. 05-393 accepting completion of Water Plant Security Fence
Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
OUTDOOR SERVICE PRIVILEGE - CY’S ROOST, 121 WELCH AVENUE: Mayor Tedesco
advised that six citations for minors-on-premises had been issued at Cy’s Roost in August 2005.
Chief Jaeger gave a summary of the violations. Cy’s Roost had been cited on three occasions,
with a total of seven citations being issued, since January 2005: On January 28, one citation was
issued for a person being on premises under age; on August 8, five persons were cited for being
on premises under age; and on August 18, one person was cited for being on premises under
age.
City Attorney John Klaus explained what sanctions could be brought against the establishment.
He pointed out that the liquor license was renewed on August 9; the applicants are now
requesting an outdoor service area (which is an extension of the premises).
Attorney Barry Nadler, Nyemaster Law Firm, stated that he was representing Cy’s Roost owner
Andy White. Mr. Nadler advised that Mr. White was contacted at 4:00 p.m. today about the
violations; that was the first time that he was notified that he needed to be at this meeting. Mr.
White had a prior obligation and could not be present this evening. Mr. Nadler said that
cameras to detect under-age persons using false identification had been installed at Cy’s Roost.
In addition, Mr. White gives incentive bonuses to staff members for catching under-age persons
attempting to use false identification to get on the premises. According to Mr. Nadler, Mr.
White takes his responsibility as a bar owner very seriously; he owns several other bars in
Ames and has a very good record.
According to Mr. Nadler, Mr. White did not learn of the violations until late today; the manager
of Cy’s Roost had not informed him of the citations. Mr. Nadler explained that there had
recently been a turnover of personnel for this establishment, and the manager had not
appropriately trained the employees. Mr. White indicated to his attorney that he will re-train
his personnel and get them training through the Police Department’s program. Mr. Nadler
suggested that the City re-establish its procedure of sending out reports to bar owners when
violations occur at their establishments.
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Mr. Nadler said that the outdoor service privilege would have been approved on August 9 when
the liquor license for Cy’s Roost was renewed, but the owner did not check the box indicating
that he wanted the outdoor service area.
Council Member Mahayni said having five citations issued in one night is inexcusable. For the
owner of the establishment to not have been told by management about the citations indicates
what type of manager was being hired. Mr. Mahayni pointed out that Mr. White owns other
bars and should know the business. Mayor Tedesco stated that he had talked to Mr. White late
today, and during that phone conversation, Mr. White said he was unaware of the violations and
admitted that he did not talk to his managers. The Mayor questioned if Mr. White was having
problems controlling his business “from the inside,” how was he going to control the outside
(referring to an outdoor service area). Mr. Nadler advised that Mr. White owns several other
bars in Ames, i.e., Tip Top, Sips, Reign, and Paddy’s, and there had not been an inordinate
number of violations recorded in any of those establishments.
Moved by Wirth, seconded by Cross, to deny the request for an outdoor service privilege.
Ex-officio Member Borich pointed out that this establishment did have an outdoor service area
previously and only had one violation in a year’s time. He preferred that the request be granted
and the bar’s record be reviewed on an annual basis.
Mr. Nadler requested that the outdoor service area privilege be granted for six months to allow
the bar’s owner to address the problem. He pointed out that this is the first time Mr. White has
had this kind of an issue before the City Council.
Council Member Goodman said that other businesses are competing on the same baseline, and
he did not want to send the message that under-age violations are “no big deal.” Mr. Goodman
felt that not communicating with his managers shows a lack of concern for the law on the part
of Mr. White.
Mr. Nadler felt that, in light of the short notice given to Mr. White regarding the violations, Mr.
White should at least have the opportunity to come before this Council and address their
concerns and prove that what happened recently is not a pattern of conduct.
Mr. Mahayni reiterated that receiving five citations in one night is very serious and not
communicating with his managers about incidents occurring in his establishment is also very
serious.
Moved by Goodman, seconded by Cross, to table this issue until September 27, 2005, and direct
that notification be given to the owner of that meeting.
Vote on Motion: 6-0. Motion declared carried unanimously.
PARKING REGULATIONS ON BURNETT AVENUE: Council Member Vegge asked if the
proposed regulations would be in effect for the whole year, only on weekdays, or only for those
months when school is in session. Council Member Wirth asked if contact had been made with
adjacent property owners, and if so, were they in favor or against the proposed regulations.
There were no staff members from the Public Works Department present, and the answers to
those questions were not immediately known.
Moved by Vegge, seconded by Goodman, to table this issue until September 27, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
WATER FIGHT FUND-RAISER: Ames Fire Fighter Mike Bryant, 2516 Woodview Drive, Ames,
requested that the City waive water fees and costs associated with a charitable “water fight,.”
to occur on September 17, 2005. Mr. Bryant explained that Clark Richardson, Acacia
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Fraternity, approached the Fire Department and asked for joint sponsorship of “water fights,”
with all proceeds going to charities. Half of the proceeds would go to a charity chosen by
Acacia Fraternity (that charity will be the Shriner’s Burn Foundation) and the other half to the
fire fighters’ charity of choice (Muscular Dystrophy Association). The location of the water
fights will be the area east of the two remaining Towers.
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 05-379 approving
waiver of water fees for charitable water fight on September 17, 2005.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
PUBLIC FORUM: No one spoke during this time.
HEARING ON REZONING PROPERTY GENERALLY LOCATED EAST OF I-35 AND
NORTH AND SOUTH OF EAST 13TH STREET: Mayor Tedesco stated that a protest to the
rezoning was filed by Gerald N. Johnson, 52588 - 180th Street, Gilbert, who alleged that he
owns more than 20% of the property adjoining the exterior boundaries for which the change in
rezoning is proposed.
Attorney Bill Bartine, 2000 Financial Center, Des Moines, respectfully requested, on behalf of
Wolford Development Options, L.L.C., that this item be tabled until September 27, 2005. He
read a letter, which had been placed around the dais, explaining that they had learned of the
filing of the protest this morning. There is a complicated factual analysis that needs to be
conducted before a conclusion can be drawn as to whether Mr. Johnson, in fact, did own
sufficient property within 200 feet of the rezoning area, which would trigger special voting
requirements as specified in the Iowa Code.
Moved by Goodhue, seconded by Cross, to table this item until September 27, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON MISCELLANEOUS MATERIALS FOR SUBSTATION PROJECTS FOR
ELECTRIC SERVICES DEPARTMENT: Mayor Tedesco opened the public hearing. There
being no one wishing to speak, the Mayor closed the hearing.
Moved by Goodman, seconded by Cross, to adopt RESOLUTION NO. 03-395 approving final
plans and specifications and awarding contracts to: Valmont/Newmark of Tulsa, OK, for Steel
Transmission Towers in the amount of $131,594.28; RESCO of Ankeny, IA, for Post Insulators
in the amount of $70,980.96; Turner Electric, LLC, of Fairview Heights, IL, for GOAB
Switches in the amount of $119,237.74; Ritz Instrument Transformers, Inc., of Waynesboro,
GA, for Instrument Transformers in the amount of $135,910.00; V & S Schuler, Inc., of Canton,
OH, for Substation Steel Structures in the amount of $123,315.00; Trachte, Inc., of Oregon, WI,
for Control Enclosure in the amount of $115,681.41; V & S Schuler, Inc., of Canton, OH, for
Substation Control Panels in the amount of $97,137.48; and, WESCO Distribution, Inc., of Des
Moines, IA, for Lightning Arrestors in the amount of $17,655.00.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
HEARING ON INSTALLATION OF COMMUNICATION HARDWARE FOR WIDE-AREA
NETWORK (WAN) PROJECT: The public hearing was opened by Mayor Tedesco. He
closed same after no one wished to speak.
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Moved by Goodhue, seconded by Vegge, to accept the report of bids and delay award of
contract until September 27, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
HEARING ON MAJOR SITE DEVELOPMENT PLAN TO ALLOW THE DEVELOPMENT
OF COMMERCIAL AND MIXED-USE BUILDINGS ON THE WEST SIDE OF STANGE
ROAD BETWEEN NORTHRIDGE PARKWAY AND ASPEN ROAD:
The Mayor opened the public hearing and closed same after no one wished to speak.
Moved by Goodhue , seconded by Mahayni, to adopt RESOLUTION NO. 05-396 approving
the Major Site Development Plan to allow the development of commercial and mixed-use
buildings on the west side of Stange Road between Northridge Parkway and Aspen Road.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
LIQUOR LICENSE FOR DANGEROUS CURVES, 122 WELCH AVENUE (tabled from
8/23/05): City Attorney Klaus explained that concerns over this request for a liquor license arose
when the Mayor and City Council members heard, during the meeting on August 23, 2005, the
owner of the proposed establishment state that lap dancing was occurring at his present
establishment on Fifth Street and would occur at the proposed location at 122 Welch Avenue.
The owner’s comments created suspicion on the part of the Mayor and City Council that there
may be contact occurring between the patron and the dancer; if so, that would constitute an
“adult entertainment establishment,” and as such, place limits on where such an establishment
may locate (not within 200' of an arterial street, 1000' feet of a school, etc.). If this business
would be considered an “adult entertainment establishment,” it could not be allowed at 122
Welch Avenue. It would also make the establishment on Fifth Street illegal.
Mr. Klaus advised that the Police Department performed a compliance check at the Fifth Street
location, and at this point, there is not sufficient evidence to indicate that activities were
occurring there or would occur at the proposed location at 122 Welch Avenue that would label
the businesses as “adult entertainment establishments.” The Alcoholic Beverages Division may
not grant a liquor license unless there is assurance that all ordinances of the city will be
complied with by that establishment. Absent sufficient evidence to indicate violations were
occurring at the establishment on Fifth Street, Mr. Klaus recommended that the Class C Liquor
License be approved.
Council Member Mahayni pointed out that this finding is made given the City’s definition of
“adult entertainment.” Mr. Klaus advised that one aspect of the definition of an “adult
entertainment establishment” refers to “erotic touching,” and then describes certain areas of the
body that may not be touched. Mr. Mahayni said that, as a professional planner, he believes
that the essence of land use planning is to allocate appropriate land uses in appropriate places,
and he is convinced that the use proposed for 122 Welch Avenue is an inappropriate land use
given the nature of that area. He questioned the validity of the City’s ordinance; he believes
exotic dance or suggestive dance should be included in such an ordinance because that does
constitute adult entertainment. Mr. Mahayni preferred to table this matter again and request
that the City Attorney investigate the feasibility of reinforcing the definition of “adult
entertainment.” He would like the ordinance to prohibit erotic dance establishments in the area
in question, which is very close to Iowa State University, churches, residential areas, and a
plaza.
Discussion ensued about changing the regulations to prohibit “erotic” dancing. Mr. Klaus said
that it would be challenging, but he would take whatever action was directed by the City
Council. He advised that dance had been recognized in court cases as a form of expression and
is protected by the First Amendment of the U.S. Constitution from any prior restraint; it is a
fundamental freedom that will be subjected to strict scrutiny.
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Council Member Goodman pointed out that there are many bars in the area of Campustown
where dancing that might be construed as erotic or sensual, although not paid for, does occur.
Upon being questioned by Council Member Wirth as to the possibility of tabling this issue until
research could be done into amending the ordinance to prohibit “erotic dancing.” Mr. Klaus
explained that any action taken by the City must be fundamentally fair; approval of the license
should not be withheld if the applicant had complied with all requirements.
Council Member Mahayni pointed out that a sign on the establishment on Welch Avenue
identified same as a “Gentlemen’s Bar,” and was advertising for dancers. He felt that the
signage indicated what type of activity was going to occur there. Mr. Mahayni advised that he
is specifically concerned about the University-Impacted Area and the impact of the secondary
effects of such an establishment on that Area. He said that his concern was also about
disrespect for women or using women as sexual objects and about what kind of standard would
be set in an area so close to Campus. Council Member Cross said that the Campustown area
should not be singled-out; there are other areas of the City where this type of establishment
should not be allowed as well. Mr. Klaus said that Mr. Mahayni’s concerns are valid land use
concerns; however, there are no regulations or evidence to support the denial of the license in
question.
Representing the applicant, Attorney Phil Redenbaugh, Storm Lake, pointed out that Iowa Code
Section 123.32(2) states that the City Council shall approve or disapprove an application for
a liquor license. Mr. Redenbaugh said that, regardless of any moral, religious, or ethical
feelings that the Mayor and City Council members may have, the representatives must ask if
the establishment violates any codes, rules, or statutes of the City of Ames. He pointed out that
the legal opinion from the City’s counsel advised that it did not. Mr. Redenbaugh asked for
approval of the liquor license. He said that, in the future, the Council may elect to amend their
ordinance, but the applicant meets the standard at this time and the proposed use is a permitted
use under the City’s present regulation.
Council Member Wirth asked the City Attorney to again address the idea of delaying the liquor
license while going through the process of amending the ordinance. Mr. Klaus stated that there
is no constitutional entitlement to a liquor license, but he recommended that the City Council
not hold up the issuance of the license while possible revisions to the ordinance were
researched; the City must be fundamentally fair. In the opinion of Mr. Mahayni, the City is not
being asked to approve just a liquor license, per se – it is a bikini bar. The combination of that
type of environment with liquor concerns him greatly. He felt that there is a lapse in the
ordinance, which the City Council needs to address. Mr. Redenbaugh reiterated that the
applicants were in complete compliance with all liquor-licensing requirements.
Mr. Klaus told the Council that the question before them was what basis they had for denying
a license today when there was no proof of violation of a City ordinance. It was stated by Mr.
Klaus that he saw no basis to deny the license. He pointed out that granting the liquor license
did not prevent the City Council from adopting ordinances to ensure businesses that allow
exotic, erotic, or sexually-oriented dance, i.e., “adult entertainment businesses,” were only
allowed in certain areas of the community. Mr. Klaus emphasized that the City did not have
evidence to support the denial of the requested license.
Mr. Mahayni asked the applicant, Jeremy Boekelman, for his definition of lap dancing. Jeremy
Boekelman, 4709 Steinbeck, #8, Ames, stated that he did not have a definition for it, and there
was no relevance for a definition at this point. Mr. Mahayni asked Mr. Boekelman how he
could guarantee that lap dancing was not occurring if he didn’t know what it was. Mr.
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Boekelman said that he did not have to guarantee him anything, other than that he will follow
all ordinances and laws; his only obligation is a legal obligation. He said that lap dancing was
not the issue at this time.
Valerie Sullivan, 610 Meadow Place, Ames, said that her concern was that the City Council
was being told that they had to approve the license. She felt that the Council had the choice,
according to the Agenda, to either approve or deny the license and urged the Council to deny
it. Ms. Sullivan said that certain things are inappropriate in certain places. In Ms. Sullivan’s
opinion, when parents come to visit the Campus, it will not reflect well on the University if this
establishment is located on Welch Avenue. She advised that there was evidence given in an
article in the Iowa State Daily by a student who had gone to the bar on Fifth Street to indicate
that touching and lap dancing were occurring; that is evidence. Ms. Sullivan asked the Council
to look at all options. Mr. Klaus clarified that the person who was interviewed by the Daily
later recanted his statement.
David Maahs, 1007 Vermont Street, Ames, spoke on behalf of the owners of Kingland Systems,
which is located in Campustown. The managers of that business do not believe the proposed
bikini bar is an appropriate use in the Campustown Area.
Stephan Gibson, 325 Welch Avenue, Ames, asked, if the Council were to expand the sphere
of the regulation of a sexually oriented business to include the business in question, would the
regulation be retroactive and make the business illegal. Mr. Klaus advised that the regulation
would not be retroactive, but it would mean that the business would need to comply with the
ordinance.
Council Member Goodman said he felt that this issue came down to basic elements of what
kind of community Ames wants to be; however, he also feels a responsibility, as a Council
member, to allow certain freedoms of individuals to do things in the Ames community. Due to
the advice of the City Attorney, Mr. Goodman felt that it would be inappropriate to use the
liquor license as a lever (control tool) to avoid the real question. He felt that a revision to the
ordinance would be complicated because there is something inherently odd when the City starts
to control things that people do on private property on private spaces. If the Council decides
that it is comfortable regulating that, Mr. Goodman feels that it would be very appropriate to
pass zoning legislation defining “adult entertainment establishments” and ensuring that those
businesses are certain distances from certain areas. He urged the City Council not to do “the
wrong thing to get the right thing.”
Moved by Goodman, seconded by Vegge, to approve a new Class C Liquor License for
Dangerous Curves, 122 Welch Avenue (lower level), pending Certificate of Occupancy.
Council Member Vegge said that he was not happy about the establishment being located in
Campustown; however, he did not see evidence to warrant denial of the license. He would like
to see the ordinance relating to “adult entertainment” revised in the future.
Ex-officio Member Borich said that he was disappointed that students had not communicated
with the City Council; many of them have very strong feelings ranging from the City Council
should not control private business to the license definitely should not be allowed. Mr. Borich
felt that the City Attorney’s advice should not be ignored; that would send the wrong message
to the community as well. The proper procedures should be followed, which means approving
the liquor license and then taking the necessary steps to regulate what occurs in the
establishment.
Moved by Wirth, seconded by Goodhue to amend the motion and approve a new 6-month Class
C Liquor License for Dangerous Curves, 122 Welch Avenue (lower level), pending Certificate
of Occupancy.
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Council Member Goodhue felt that a six-month time period would give the City time to monitor
the activities at the establishments on Fifth Street and at the proposed location.
Mr. Mahayni asked if this establishment would be grandfathered-in at renewal time if the
ordinance were changed in the future to prohibit erotic dancing. Mr. Klaus advised that the
establishment would not be grandfathered-in at any point; they would have to obey the new
ordinance. One violation would be a basis for the City Council to take action to suspend or
revoke the license.
Pam Sargent, 2129 Stevenson Drive, Ames, stated that she was thoroughly against the granting
of the license. She said that she was very concerned that the applicant did not have a definition
for lap dancing, yet he was allowing it to occur in his establishment. She also wondered if
sexual discrimination was being practiced.
Mr. Mahayni acknowledged a petition signed by approximately 110 residents who live in the
vicinity; they are vehemently opposed to the “bikini bar” in Campustown.
Council Member Goodman said that he felt it was legally inappropriate to make an exception
to either approving or denying the annual license (by granting a six-month license) based on
the fact that the Council does not like ancillary activities allegedly occurring there.
Vote on Amendment: 4-2. Voting aye: Cross, Goodhue, Vegge, Wirth. Voting nay: Goodman,
Mahayni. Motion declared carried.
Vote on Motion, as amended: 6-0. Motion declared carried unanimously.
Moved by Mahayni, seconded by Wirth, to direct the City Attorney, by the last Council meeting
in October, to investigate the issue and prepare an ordinance that relates a bar to the kind of
land use in the specific area where it is to be located and include a better definition for “adult
entertainment establishment.”
Vote on Motion: 6-0. Motion declared carried unanimously.
Mayor Tedesco pointed out that this was an opportunity for students to make their opinions
known to the City Council on this issue.
ORDINANCE PERTAINING TO DANGEROUS BUILDINGS: Moved by Goodhue,
seconded by Cross, to pass on second reading an ordinance amending Section 5.501(2)(e)(iii)
pertaining to Dangerous Buildings.
Roll Call Vote: 6-0. Motion declared carried unanimously.
ORDINANCE AMENDING THE PLUMBING CODE: Moved by Goodhue, seconded by
Mahayni, to pass on third reading and adopt ORDINANCE NO. 3850 amending the Plumbing
Code.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
ORDINANCE REQUIRING POSTING NOTICE ON PROPERTY FOR WHICH
VARIANCES HAVE BEEN APPLIED: Moved by Goodhue, seconded by Goodman, to pass on
third reading and adopt ORDINANCE NO. 3851 making a zoning text amendment to require
posting notice on properties for which variances have been applied.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
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COMMENTS: Moved by Wirth, seconded by Goodhue, to refer to staff letters from David Block
dated September 6, 2005; Hunziker Youth Sports Complex dated September 8, 2005, and
Hunziker & Associates dated September 13, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Wirth, seconded by Goodman, to direct the Mayor to review all applications that
have been filed to date for the Planning & Zoning Commission following the Council’s prior
direction, i.e., to give preference to expanding the diversity on that Commission in terms of
gender balance, geographical balance, racial and ethnic preferences.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to refer to staff the letter from Alex Blackdeer Walker,
Jr., dated August 21, 2005.
Vote on Motion: 6-0. Motion declared carried unanimously.
Council Member Wirth advised that David Hoffman, who lives on Quebec Avenue, is
interested in serving on a committee, if formed, to discuss the City’s deer problem.
Moved by Cross, seconded by Wirth, to refer to staff the petition of the residents of the Big
Bluestem neighborhood.
Vote on Motion: 6-0. Motion declared carried unanimously.
ADJOURNMENT: 8:44 p.m.
___________________________________ ____________________________________
Diane R. Voss, City Clerk Ted Tedesco, Mayor
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