HomeMy WebLinkAbout~Master - Regular Meeting of the Ames City Council 05/13/2003MINUTES OF THE REGULAR MEETING OF THE AMES CITY COUNCIL
AMES, IOWA MAY 13, 2003
The Ames City Council met in regular session at 5:33 p.m. on the 13th day of May, 2003, 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: Cross, Hoffman, Mahayni, Vegge, and Wirth.
Council Member Goodhue arrived at 5:40 p.m.
WORKSHOP ON OVER-OCCUPANCY: Mayor Tedesco brought the City Council’s attention
to several letters regarding this issue that had been received since their agenda packets were
mailed. Those letters, from Holly Fuchs, 806 Brookridge Avenue, Ames; Travis Johnson, 303
Hilltop, Ames; Keith Denner, 201 South Fifth Street, Suite 202, Ames; Kevin or Sheila Marean,
5700 Ashworth Road, West Des Moines; Edward and Jean Stout, 2111 Greenbriar, Ames; Rena
Hall, 800 N. 500th Avenue, Ames; and Jolene Frette, 2550 Meadow Glen, Ames, were placed
around the dais.
Mayor Tedesco advised that this workshop on over-occupancy is intended to allow the City
Council members to deliberate the issues, and as such, no input from the public would be
allowed tonight. However, if the Council chooses to move any part of the proposal forward, it
would require ordinance changes, and there would be hearings when input from the public would
be sought.
The Mayor presented his proposal regarding occupancy limits. Under his proposal, short-term
actions would include: (1) The City Council will request the District Court Judge to defer the
fines against the rental property owners for those convicted prior to August 1, 2003, of over-
occupancy violations. (2) The City will temporarily cease all over-occupancy enforcement until
September 1, 2003. (3) The City will work with the University to implement an information
campaign that will educate tenants and rental property owners of the occupancy requirements
reflected in the Rental Housing Code. (4) The City will develop a document that could be
utilized by the rental property owners and tenants to verify that both parties have been informed
of the occupancy limits. (5) The City will cease investigating anonymous complaints regarding
alleged over-occupancy violations. Mayor Tedesco explained that it is his desire that these items
be considered as a complete package, and if the Council would like to move these forward, the
proper action would be to refer them to staff.
Long-term actions proposed by Mayor Tedesco were as follows: (1) In Residential Low-Density
(RL) areas, the City will create a zoning overlay that will not allow more than the current total
number of rental units in a specified area. (2) In RL areas, the City will allow a family or one
person per bedroom up to a maximum of four unrelated individuals. (3) In RL areas, the City
will require one hard-surfaced off-street parking space per bedroom for each rental unit. (4) The
City will decrease the fine to tenants and property owners convicted of over-occupancy to $250
for the first offense, and for each subsequent violation, there will be a $500 fine and the City will
revoke the property owner’s Letter of Compliance for 12 months. (5) Garbage – change the
definition of “container” in the current refuse ordinance. The Mayor again asked the City
Council to consider all five points as a total package; to not do so would distort the others.
Mayor Tedesco stated that a survey of properties in a Residential Low-Density zoning district
located in the University-Impacted area had been completed with the assistance of staff from the
Planning and Housing Department, Inspections Division, and the City Assessor’s Office. The
results of the survey conducted in the SCAN Neighborhood Association Area were given. Out
of the 421 total units in that Area, there are currently 49 non-owner-occupied rental units and
one owner-occupied rental (12 - 13% of the total units). The current maximum unrelated density
allowed in these rental units is 150 individuals. Under the Mayor’s proposal, there would be a
total of 149 persons allowed to live in rental units in this Neighborhood. Mr. Tedesco pointed
out that the majority of the rental properties are located in the west half of this Neighborhood;
there are 40 rental units located there. Results of the survey of the State Avenue Neighborhood
Association Area revealed that there are 36 single-family rentals zoned RL (approximately 55%
of the units). The maximum unrelated density currently allowed in the rental units is 108
individuals; the Mayor’s proposal would allow 95 persons.
Council Member Vegge asked if the number of bedrooms in each rental unit would be allowed
to change. The Mayor said the number of bedrooms would need to be verified, Letters of
Compliance would be checked, and perhaps the units would be inspected. He said that property
owners would not be allowed to add bedrooms.
Council Member Cross asked how “bedroom” is defined. City Manager Steve Schainker
advised that there is no definition of “bedroom” currently in the Rental Housing Code. The
Council could refer this to staff for creation and inclusion of the definition. Building Official Jeff
Pearson said that he believes “bedroom” is defined in the Uniform Building Code.
Council Member Hoffman asked how bedrooms would be counted; specifically, if they would
go by the number of bedrooms originally contained in the house or the number of bedrooms that
it now contains. The Mayor said that they would count the number of bedrooms contained in
the house as of the effective date of the ordinance change.
Council Member Goodhue asked if there was now intact a zoning overlay district in the Old
Town District, and if so, what did it limit. Brian O’Connell, Director of Planning and Housing,
explained that the overlay in the Old Town District, called the Single-Family Conservation
Overlay District, limits the total number of dwelling units; it does not limit the number of
bedrooms.
Mayor Tedesco emphasized that the first point under his suggested long-term actions, i.e., the
creation of a zoning overlay that would not allow more than the current total number of rental
units in a specified area, would in essence “freeze” the number of rental units allowed. He
clarified that a single-family home, not currently being used for rental purposes, could not be
sold as a rental unit. Council Member Wirth stated that she felt this would discourage property
owners from selling a rental unit to be converted back to a single-family home. She feels that
this would further discourage preservation of neighborhoods.
Council Member Mahayni asked if data were available detailing how many of the surveyed
properties have single-car garages or double-car garages. He said he is concerned about how
much paving would be needed in the back yard to meet the parking requirement. Mayor
Tedesco said a single-car garage would account for one parking place, the drive in front of the
2
garage would count as a second, and they would have to hard-surface for two places. Council
Member Hoffman pointed out that in a residential setting, it is expected that there is going to be
grass in the back yard, not a paved area. She feels that paving in back yards takes away from the
“feel” of a low-density area. Council Member Wirth said that if property owners are allowed to
pave more areas, it would greatly decrease the chance of that particular property ever returning
to an owner-occupied dwelling; this is in conflict with preservation of a neighborhood. Council
Member Cross suggested that residential parking be handled similarly to the way it is done in
commercial areas, i.e., parking area in the back yard would not be allowed to be greater than a
certain defined percentage of the total back yard area. Council Member Mahayni pointed out that
the Zoning Ordinance regulates the amount of impervious area.
Council Member Vegge asked what motivated the Mayor to devise this proposal. Mayor
Tedesco said that his proposal seeks to have rental housing in the areas designed to
accommodate that type of housing developments, i.e., medium- and high-density residential
zones. He said that the occupancy issue is creating a great divide in the community. The Mayor
said that he would like neighborhoods intended to be low-density residential to be preserved as
such.
SPECIAL PRESENTATION: During 2002, the State of Iowa had a special program on historic
places that dealt with old school buildings – what they were initially and what they have evolved
into. Mayor Tedesco stated that City staff, specifically Planner Ray Anderson, and the Historic
Preservation Commission worked on preparing an application for naming the Ames High School
(now Ames City Hall) to the National Register of Historic Places. The application was
successful, and Mr. Tedesco was pleased to present the certificate to the City of Ames naming
the Ames High School/City Hall to the National Register of Historic Places. The Mayor
directed Clare Bills, Public Relations Officer, to find an appropriate place within the front hall
of City Hall to display this designation.
PROCLAMATION FOR POPPY DAYS: Mayor Tedesco proclaimed May 16 - 17, 2003, as
Poppy Days. Accepting the Proclamation was Audrey Dalrymple, on behalf of the American
Legion Auxiliary No. 37.
PROCLAMATION FOR IOWA SCHOOL BOARD RECOGNITION WEEK: The week of
May 11 - 17, 2003, was proclaimed as Iowa School Board Recognition Week by Mayor
Tedesco. Jane Acker, Ames School Board President, accepted the Proclamation.
CONSENT AGENDA: Council Member Wirth asked that Item #12 pertaining to the request from
Ames Main Street District for installation of additional electrical outlets on Main Street and Burnett
Avenue, be pulled for separate discussion.
Moved by Cross, seconded by Goodhue, to approve the following items on the Consent Agenda:
1. Motion approving payment of claims
2. Motion approving minutes of the regular meeting of April 22, 2003
3. Motion approving renewal of the following beer permits and liquor licenses:
a. Class B Beer - Pizza Hut #4303, 436 S. Duff Avenue
b. Class C Beer - Tobacco Outlet Plus #530, 202 S. Duff Avenue
4. Motion referring Petition for Voluntary Annexation of property located at 2200 Timberland
3
Road to the Planning and Zoning Commission
5. RESOLUTION NO. 03-159 adopting new and revised fees for the City of Ames
6. RESOLUTION NO. 03-160 confirming GSB appointments to Ames Transit Agency Board of
Trustees
7. RESOLUTION NO. 03-161 appointing Nate Johnston, representing the Iowa State University
Government of the Student Body, as an ex officio member of the City Council
8. RESOLUTION NO. 03-162 approving revisions to Purchasing Policies
9. Public Art Commission:
a. RESOLUTION NO. 03-164 approving revised agreement with Marc Moulton for adding
lights to Crescendo sculpture
b. RESOLUTION NO. 03-165 approving expenditure of funds up to $665 from the Public Art
Commission’s unspent 2002/03 “Operations” and Contingency” allocations in payment of
electrical work on Crescendo sculpture
10. RESOLUTION NO. 03-166 approving Revolving Loan Fund (RLF) Contract for BioForce
11. RESOLUTION NO. 03-167 approving CEBA Contract Amendment with Advanced Analytical
Technologies, Inc. (AATI) and the Iowa Department of Economic Development
12. RESOLUTION NO. 03-168 approving request to subordinate the Second Mortgage Lien for
the property located at 1128 Stafford Avenue, Ames, in connection with the Ames/Story
County Partnership (ASCP) Affordable Housing Program
13. RESOLUTION NO. 03-169 approving contract and bond for 2003/04 Storm Sewer Intake
Rehabilitation Program
14. RESOLUTION NO. 03-170 approving contract and bond for 2003/04 Asphalt Resurfacing
Program, 2003/04 Seal Coat Removal/Asphalt Reconstruction Program, and 2003/04 Park
Road/Parking Lot Improvements Project
15. RESOLUTION NO. 03-171 approving contract and bond for 2003/04 CyRide Route
Reconstruction Program (Bloomington Road - Eisenhower Avenue to Hoover Avenue)
16. RESOLUTION NO. 03-172 approving contract and bond for Sixth Street Reconstruction and
Streetscape Improvements Project (Grand Avenue to Duff Avenue) and 2002/03 CyRide Route
Reconstruction Project (Clark Avenue - Fifth Street to Ninth Street)
17. RESOLUTION NO. 03-173 approving Final Minor Plat for Somerset Subdivision, 14th
Addition
18. RESOLUTION NO. 03-174 approving Final Minor Plat for Grand Junction Subdivision, 2nd
Addition
19. Roll Call Vote: 6-0. Resolutions declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these minutes.
INSTALLATION OF ADDITIONAL ELECTRICAL OUTLETS ON MAIN STREET AND
BURNETT AVENUE: Council Member Wirth referenced an e-mail message that had been
received from the Main Street District detailing concerns that outlets in Tom Evans Plaza were
not proposed to be included. Assistant City Manager Sheila Lundt said that outlets were
not included in Tom Evans Plaza or Cynthia Duff Plaza due simply to the cost of having
to bore under the parks to stub off receptacles that the outlets would be in; the cost of the
project would have more than doubled. Also in one location in Cynthia Duff Plaza, there
was a problem with the artwork and the fact that there was going to be other lights, etc.,
installed there. Ms. Lundt said that in Tom Evans Plaza, there was no good location to
put up a pedestal for the outlets. Temporary electrical outlets have been used in the past
4
and could be again in the future. Ms. Wirth pointed out that Tom Evans Plaza is the
place where electricity is most needed for the purposes specified by the Main Street
District.
Kori Heuss, 312 South Third Street , Ames, and Joyce Durlam, 4512 Webster, Ames, spoke on
behalf of the Ames Main Street District. Ms. Heuss said that the need to add additional outlets
in the Main Street District has been an area of constant concern for the downtown merchants.
She said that members of the Main Street District had visited the area with City staff and had
conveyed to them that Tom Evans Plaza had the most critical need for additional electrical
outlets. Ms. Heuss and Ms. Durlam named many events that are or will be held in Tom Evans
Plaza that call for the need for additional electrical outlets.
Moved by Wirth, seconded by Goodhue, to adopt RESOLUTION NO. 03-163 authorizing an
allocation from the City’s Electric Utility Fund balance for the installation of 20 new electrical
outlets on Burnett Avenue and Main Street and electrical outlets in Tom Evans Plaza.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
INTRODUCTION OF NEW EX OFFICIO MEMBER OF THE CITY COUNCIL: Mayor
Tedesco introduced Nathan Johnston, who has been appointed by the Iowa State University
Government of the Student Body President, as the new ex officio member of the City Council.
PUBLIC FORUM:. No one spoke during this time.
ADDITION OF OUTDOOR SERVICE AREA PRIVILEGE TO CLASS C LIQUOR
LICENSE AT THE CAFÉ: Moved by Hoffman, seconded by Cross, to approve the addition of the
Outdoor Service Area Privilege to the Class C Liquor License for The Café, 2616 Northridge
Parkway.
Vote on Motion: 6-0. Motion declared carried unanimously.
POLICE BENEVOLENT ASSOCIATION/BOYS’ & GIRLS’ CLUB ROAD RACE: Moved
by Vegge, seconded by Wirth, to adopt RESOLUTION NO. 03-175 approving the closure of
the south lane of Fifth Street between Clark Avenue and Pearl Avenue.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
REQUESTS OF CAMPUSTOWN ACTION ASSOCIATION PERTAINING TO “AN
EVENING IN CAMPUSTOWN” ACTIVITIES ON JUNE 5, 2003: Moved by Cross, seconded
by Vegge, to approve a Blanket Temporary Obstruction Permit.
Vote on Motion: 6-0. Motion declared carried unanimously.
Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 03-176 approving the
request for suspension of parking meter enforcement from 5:00 - 6:00 p.m.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
5
Moved by Hoffman, seconded by Cross, to adopt RESOLUTION NO. 03-177 approving
closure of Welch Avenue from Lincoln Way to north of the driveway for Fire Station 2.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
HEARTLAND SENIOR SERVICES: Moved by Goodhue, seconded by Cross, to adopt
RESOLUTION NO. 03-178 approving the expenditure of Local Option Tax dollars, not to
exceed $1,000, to reimburse Heartland Senior Services for costs of plumbing work associated
with the mandated cross-connection repairs on the City-owned building leased by them.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
WAIVER OF PUBLIC INFRASTRUCTURE REQUIREMENTS FOR PROPERTY
LOCATED AT 4738-215TH STREET: Moved by Cross, seconded by Goodhue, to adopt
RESOLUTION NO. 03-179 approving the waiver of infrastructure requirements for a proposed
subdivision located at 4738 - 215th Street with the following stipulations:
1. That the property owners waive their rights to object to future assessments for public
improvements including, but not limited to, street paving, bicycle paths, sidewalks, and
utility improvements, prior to the City of Ames approving a “Plat of Survey” as an
acceptable alternative legal means of dividing the subject property into two parcels and a
separate parcel for the public street right-of-way. The City Attorney will prepare an
agreement to be signed by the property owners entitled, “Covenant for Assessment of Costs
of Improvements.”
2. That the property owners agree to pay any and all costs related to disconnection of the rural
water facilities at the time land in this subdivision is annexed into the City of Ames prior to
the City of Ames approving a “Plat of Survey” as an acceptable legal means of dividing the
subject property into two parcels and a separate parcel for the public street right-of-way. The
City Attorney will prepare an agreement to be signed by the property owners entitled,
“Covenant Pertaining to Water Service.”
3. That the property owners be required to dedicate the adjacent street right-of-way for 215th
Street to Story County. Street right-of-way to be dedicated includes the north one-half of the
right-of-way adjacent to the south boundary of the proposed subdivision. The right-of-way
must be dedicated to Story County prior to the City of Ames approving a “Plat of Survey”
as an acceptable alternative legal means of dividing the street property into two parcels and
a separate parcel for the public street right-of-way.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
MARY GREELEY MEDICAL CENTER: Kim Russel, President and Chief Executive Officer,
and Brian Dieter, Vice-President and Chief Financial Officer of Mary Greeley Medical Center,
gave a summary of the Medical Center’s current indebtedness and presented an overview of
their plans to refinance existing long-term debt.
6
Moved by Goodhue, seconded by Mahayni, to adopt RESOLUTION NO. 03-180 fixing a date
for public hearing on the proposal to issue Hospital Revenue Refunding Bonds in a principal
amount not to exceed $37,000,000 for the purpose of refunding Hospital Revenue Bonds
previously issued for the benefit of Mary Greeley Medical Center, with a condition of the
foregoing that the bonds be insured.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
FINAL DISTRIBUTION OF PRINCIPAL FINANCIAL STOCK SALE PROCEEDS: Moved
by Cross, seconded by Wirth, to adopt RESOLUTION NO. 03-181 approving final distribution
of the Principal Financial stock sale proceeds to the active members of Utility Retirement at
September 30, 1997.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
RELEASE OF SUBORDINATE MORTGAGE FOR PROPERTY LOCATED AT 607
MEADOW PLACE, AMES, IN CONNECTION WITH THE AMES/STORY COUNTY
PARTNERSHIP (ASCP) AFFORDABLE HOUSING PROGRAM: Mayor Tedesco brought the
Council’s attention to an e-mail message from Sue Sherman that had been received by Vanessa
Baker Latimer on this date and placed around the dais.
Vanessa Baker Latimer, Housing Coordinator, explained that the property owner, Sharilyn
(Sue) Sherman, who was a participant in the Ames/Story County Partnership (ASCP)
Affordable Housing Program, sold her property at 607 Meadow Place before the ten-year
period expired; therefore, she had to repay the City an amount equal to $11,051.68 (for the
down-payment assistance loan) and $5,840 for the recapture provision (8% of the sales price),
for a total of $16,891.68. Ms. Sherman is requesting that the City reduce the recapture payment
provision to possibly 4%. Mayor Tedesco advised that the Ames/Story County partners and
staff recommended very adamantly that the City Council not reduce or waive the recapture
payment because there are sufficient funds available to repay all or all of the amounts due to
the ASCP.
Moved by Goodhue, seconded by Cross, to adopt RESOLUTION NO. 03-182 approving
Release of the Subordinate Mortgage for the entire pay-off amount that would be due to the
ASCP Affordable Housing Program for the property located at 607 Meadow Place, Ames.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
PROFESSIONAL SERVICES CONTRACT WITH DUNBAR JONES PARTNERSHIP:
Moved by Goodhue, seconded by Vegge, to adopt RESOLUTION NO. 03-183 approving the
Professional Services Contact with Dunbar Jones Partnership for Basic Services needed to
apply for the IDOT grant for the Southeast Entryway first phase plantings for a fee not to
exceed $7,705, plus expenses (out of the Hotel/Motel Tax Fund), with the understanding that
funding raised from the community will pay the fees and expenses for Additional Services
needed to implement the Southeast Entryway first phase plantings
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
7
Monte Parrish, 1511 Stone Brooke Road, Ames, pledged $1,000 from the business owners in
this area towards the initial expense of $7,705. In addition, he said that they will continue to
work on this issue to raise their share of the funds. Mr. Parrish stated that the business owners
do want to be allowed to provide input as to the plantings to be recommended. Planner Jeff
Benson said that he believes that the plan for the first phase plantings would be amendable.
HEARING ON 2003/04 NEIGHBORHOOD CURB REPLACEMENT PROGRAM: Mayor
Tedesco opened the hearing. There being no one wishing to speak, the hearing was closed.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-184 approving final
plans and specifications and awarding a contract to Jasper Construction Service of Newton,
Iowa, in the amount of $55,235.20.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
HEARING ON 2003/04 CLEAR WATER DIVERSION PROGRAM: The hearing was opened
by Mayor Tedesco. No one wished to speak, and the hearing was closed.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-185 approving final
plans and specifications and awarding contract to Ames Trenching & Excavating of Ames,
Iowa, in the amount of $64,601.50.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
HEARING ON 2003/04 WATER SYSTEM IMPROVEMENTS PROGRAM: The Mayor
opened the hearing and closed same after no one wished to speak.
Moved by Cross, seconded by Goodhue, to adopt RESOLUTION NO. 03-186 approving final
plans and specifications and awarding contract to KRI Company of Ames, Iowa, in the amount
of $509,987.25.
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
HEARING ON URBAN REVITALIZATION PLAN FOR PROPERTY LOCATED AT 121
BEACH: Mayor Tedesco reminded the Council that they had received a letter from Jon Chester,
Armstrong Properties LLC, requesting that the ordinance establishing the proposed Urban
Revitalization Area for 121 Beach be passed on all three readings and adopted at this meeting.
The public hearing was opened by Mayor Tedesco. Bill Armstrong, 906 South Dakota Avenue,
Ames, showed the City Council the elevations of the proposed new building. He explained that
the tax abatement starts when the ordinance is passed; they have begun construction and would
like the abatement to take effect immediately. No one else wished to speak, and the Mayor
closed the hearing.
Moved by Goodhue, seconded by Wirth, to adopt RESOLUTION NO. 03-187 approving the
Urban Revitalization Plan for property located at Beach Avenue and Sunset Drive (121 Beach).
8
Roll Call Vote: 6-0. Resolution declared adopted unanimously, signed by the Mayor, and
hereby made a portion of these Minutes.
Moved by Cross, seconded by Goodhue, to pass on first reading an ordinance establishing the
121 Beach Avenue Urban Revitalization Area.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Cross, seconded by Goodhue, to suspend the rules necessary for the adoption of an
ordinance.
Roll Call Vote: 6-0. Motion declared carried unanimously.
Moved by Goodhue, seconded by Cross, to pass on second and third readings and adopt
ORDINANCE NO. 3712 establishing the 121 Beach Avenue Urban Revitalization Area.
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REPEALING ORDINANCE NO. 3608 PERTAINING TO SMOKING IN
PUBLIC PLACES: Mayor Tedesco explained that the Iowa Supreme Court had ruled that the
Ames “Smoking Ordinance” is invalid by reason of being in conflict with the legislative intent of
the 1990 amendment to the state law.
Senator Herman Quirmbach, 1002 Jarrett Circle, Ames, firstly expressed his dismay at the
passage of the Reinvention Bill by the Iowa Legislature. Regarding the Smoking Ordinance,
Senator Quirmbach requested that the City Council resist rescinding the local Smoking
Ordinance; if the problem with the state statute can be corrected, the local ordinance can then
be enforced.
George Belitsos, 5508 West Lincoln Way, Ames, representing the Ames Tobacco Task Force,
urged the City Council to not repeal the Smoke-Free Dining Ordinance. The Task Force prefers
that the ordinance simply “sit on the books” until the Iowa Legislature takes corrective action
to deal with the preemption. Mr. Belitsos indicated that the City of Iowa City will be asking its
City Council to not rescind their similar ordinance. He further stated that two states, Delaware
and Maine, had been successful in their endeavors to correct the preemption conflict.
Mr. Belitsos shared a survey conducted by the Ames Tobacco Task Force. He said that 87
restaurants in Ames have indicated that they will voluntarily continue to comply with the
Smoking Ordinance; there are seven restaurants who will allow the resumption of smoking.
Mr. Belitsos said that none of the bars in Ames are planning to voluntarily comply with the
Smoking Ordinance. Of the eight restaurants who brought the lawsuit against the City of Ames,
two are going to voluntarily comply with the Smoking Ordinance. Mr. Belitsos advised that
in the two years since the passage of this Ordinance, Ames has had a net gain of eight new
restaurants, so he believes that the hospitality industry in Ames is booming and the enactment
of the Smoking Ordinance has not deterred it.
Garin Buttermore, 1408 - 24th Street, Ames, asked the City Council to leave the Smoking
Ordinance on the books. Mr. Buttermore said that it is partly a matter of pride; he works in
tobacco prevention, and in his travels to other states, has been made aware that Ames is well
known for its Smoking Ordinance. Mr. Buttermore feels that the Smoking Ordinance has put
9
Ames on the map.
Loren Heckethorne, 1338 Fourth Street, Nevada, also requested that the City not repeal the
Smoking Ordinance. He feels that it is a workers’ rights issue, not a business issue. Mr.
Heckethorne indicated that he works, and oftentimes eats, in Ames. He was proud when Ames
passed the Smoking Ordinance and became the first city in Iowa to pass such an ordinance. Mr.
Heckethorne feels that the preemption can be corrected in Iowa as it has been in other states.
Denise Denton, 902 Douglas Avenue, Ames, said that in her work at the Middle School, this
issue has surfaced many times. She said that these students need adults to provide this standard
for them. Ms. Denton believes that this is a statute that can improve public health. She urged
the Council to leave the Ordinance on the books.
Mr. Belitsos distributed a list of restaurants that have indicated a commitment to comply by the
Smoking Ordinance. Many restaurants are waiting to see what action is taken by the City
Council tonight. He indicated that a “Smoke-Free Dining Guide” will be published in the near
future, which will be paid for by Mary Greeley Medical Center.
Mayor Tedesco indicated that he believes it would be a disservice to the citizens of Ames to
allow the Ordinance to remain in the Code if it is not currently enforceable. He feels that it
should be repealed, but could be brought back if the Legislature so allows.
Moved by Goodhue, seconded by Cross, to pass on first reading an ordinance repealing
Ordinance No. 3608 pertaining to smoking in public places.
City Attorney Klaus advised that the City Council has not been faced with an identical situation
such as this. He stated that the Iowa Supreme Court’s Order does not require that the City
repeal the Ordinance; however, it is not currently enforceable. Mr. Klaus believes that the
Ordinance should be repealed if it has been ruled to be invalid.
Council Member Mahayni indicated that he has received many e-mail messages from residents
and non-residents urging him to not vote in favor of repealing the Ordinance. He said that he
had a phone call today from City Historian Farwell Brown, who indicated to Mr. Mahayni that
he believes there are currently ordinances in the Code that are not enforced. Mr. Mahayni
pointed out that Ames was shown to be leader when it became the first city in Iowa to enact
such an ordinance. He sees no reason why the Ordinance could not remain on the books.
Senator Quirmbach indicated that there is a large number of people who are very concerned
about this and will work very hard to bring it to the forefront on the Legislature’s agenda. He
knows that it will not surface during the Special Session and is not aware of what the
Legislature’s top priorities will be for the next session.
Council Member Hoffman said that she does not think it would hurt anything to leave this
ordinance on the books.
Roll Call Vote: 3-3. Voting aye: Cross, Vegge, Goodhue. Voting nay: Hoffman, Wirth,
Mahayni. Motion failed.
10
Council Member Hoffman said that she wished to commend Ames businesses for voluntarily
complying with the Smoking Ordinance despite the decision of the Iowa Supreme Court. The
Ames ordinance was passed unanimously to protect the health of workers and diners from
exposure to second-hand smoke, which kills 500 Iowans each year. Ms. Hoffman saluted the
businesses that are choosing to remain smoke-free.
Moved by Hoffman, seconded by Wirth, to request that the Iowa Legislature enact home rule
legislation giving cities the authority to make decisions on smoking in “public places.”
Vote on Motion: 6-0. Motion declared carried unanimously.
ORDINANCE REZONING PROPERTY LOCATED AT 1007 NORTH SECOND STREET:
Moved by Goodhue, seconded by Wirth, to pass on third reading and adopt ORDINANCE NO.
3709 rezoning property located at 1007 North Second Street from Urban Core Residential
Medium Density (UCRM) to Highway-Oriented Commercial (HOC).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE MAKING A ZONING TEXT AMENDMENT TO ESTABLISH A NEW
ZONING DISTRICT – “S-SMD”: Moved by Goodhue, seconded by Vegge, to pass on third
reading and adopt ORDINANCE NO. 3710 making a zoning text amendment to establish a new
zoning district – “S-SMD” (South Lincoln Sub-Area Mixed Use District).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
ORDINANCE REZONING PROPERTY GENERALLY LOCATED ALONG SOUTH 2ND,
3RD, AND 4TH STREETS BETWEEN SHERMAN AVENUE AND PROPERTIES ON THE
WEST SIDE OF WALNUT AVENUE: Moved by Wirth, seconded by Goodhue, to pass on third
reading and adopt ORDINANCE NO. 3711 rezoning property generally located along South
2nd, 3rd, and 4th Streets between Sherman Avenue and properties on the west side of Walnut
Avenue from Residential High Density (RH), Highway-Oriented Commercial (HOC), and
Government/Airport (S-GA) to South Lincoln Sub-Area Mixed-Use District (S-SMD).
Roll Call Vote: 6-0. Ordinance declared adopted unanimously, signed by the Mayor, and hereby
made a portion of these Minutes.
COMMENTS: Mayor Tedesco advised that there will be a Mayor’s Bike Ride; it has been delayed
due to scheduling conflicts during the month of May, but it will be scheduled for late summer
or early fall.
Moved by Goodhue, seconded by Cross, to place on the agenda, for the first regular meeting
in June, the Mayor’s proposal on the over-occupancy issue.
Council Member Wirth said that the City Council has already dealt with this issue. She feels
that there may be a couple points that could be discussed, but the City needs to continue to
enforce what has already been decided.
Council Member Hoffman advised that she does not want to have staff spend a lot of additional
time working on alternatives pertaining to this issue if changes are not going to be approved.
She feels that a great deal of time has already been spent on this matter, the City Council made
11
a decision and gave direction to staff on its enforcement.
Council Member Mahayni indicated that this issue needs to be clarified; the public is getting
mixed messages. It is an issue that is complicated and will consume a great deal of time. Mr.
Mahayni said the Comprehensive Plan is pretty articulate in what is allowed, and he is
concerned about what it is that the Council wants.
Vote on Motion: 3-3. Voting aye: Cross, Goodhue, Vegge. Voting nay: Hoffman, Mahayni,
Wirth. Mayor Tedesco voted aye to break the tie. Motion declared carried.
Mr. Schainker indicated that a special meeting will be necessary, probably in early June, to
discuss the City’s plan to deal with the budget cuts imposed by the state.
ADJOURNMENT: 8:20 p.m.
_____________________________________ __________________________________
Diane Voss, City Clerk Ted Tedesco, Mayor
12