HomeMy WebLinkAbout~Master - Special Meeting of the Ames City Council 04/22/1994MINUTES OF THE SPECIAL MEETING
OF THE AMES CITY COUNCIL
AMES, IOWA APRIL 22, 1994
The Ames City Council met in special session at 8:00 a.m., April 22, 1994, in the City Council
Chambers in the City Hall, 515 Clark Avenue, pursuant to law with Mayor Curtis presiding and the
following Council Members present: Campbell, Hoffman, Tedesco, and Wirth. Council Member
Brown arrived after the start of the meeting. Council Member Parks was absent.
REQUEST FOR FIREWORKS PERMIT: Moved by Hoffman, seconded by Tedesco, to approve
an application for a permit to display fireworks on Friday, April 22, 1994, for VEISHEA 1994.
Vote on Motion: 4-0. Motion declared carried unanimously.
Council Member Tedesco asked City Staff to look into establishing a policy whereby the Fire
Chief could administratively approve a permit for fireworks. City Attorney John Klaus stated
he would address this matter and report back to the Council.
NEW LIQUOR LICENSE FOR SHAMROX!: Moved by Tedesco, seconded by Wirth, to
remove from the table an application for approval of a new Class C Liquor License/Outdoor
Service Area for Shamrox! at 2522 Chamberlain Street, Suite 1.
Chuck Hill, co-owner of the establishment, distributed a written report outlining a newly
developed policy which addressed underage violations occurring at another licensed
establishment owned and operated by he and his partners. Mr. Hill reported that Corporal Mike
Johns of the Ames Police Department administered a bar patrol class to prospective employees
of Shamrox!. These same employees were also given the written report.
Council Member Brown arrived at 8:05 a.m.
In reading the report, Council Member Hoffman questioned why new employees had up to 30
days to participate in the bar patrol class and why they were not made to take the class prior to
the start of employment.
Mr. Hill stated that another rule in the report outlined that no person would be allowed to work
as an ID checker at the door until that employee had taken the class given by the Ames Police
Department.
Moved by Tedesco, seconded by Hoffman, to approve an application for a new Class C
Liquor/Outdoor Service Area License for Shamrox! located at 2522 Chamberlain Street, Suite
1.
Council Member Tedesco warned the owners of the new establishment to take these corrective
measures seriously as the City Council would be watching this situation.
Vote on Motion: 4-1. Voting Aye: Campbell, Hoffman, Tedesco, Wirth. Voting Nay: Brown.
Motion carried.
REQUEST FOR VENDING LICENSE: City Manager Schainker reminded the Council of the
action taken at a meeting several weeks ago regarding VEISHEA's request for the closure of
Welch Avenue for A Taste of VEISHEA over the weekend of April 22. By that action, the
Council gave control of the Welch area to the central committee for VEISHEA. The spaces for
food vending were fully rented at this time, however, the City was receiving requests for
permission to vend on Lincoln Way.
Council Member Tedesco felt that a request for the City to approve a vending license was
somewhat circumventing VEISHEA's efforts.
Council Member Hoffman asked about the number of vendors who had approached the City
Manager for approval of a license.
City Manager Schainker explained that if the Council approved the application for the vending
license request before them, he would also give permission to others who were wanting to set
up vending stands along Lincoln Way. He further explained that the Council had given him
authority to administratively approve such requests.
Mayor Curtis felt that it was important for the Council to support a community-based event such
as VEISHEA. He did not feel it was appropriate to grant the vending license for this coming
weekend, but if the applicant wished to apply for one after this event, he was entitled to do so.
George Papouchis, owner of Cafe Northwest, questioned why out-of-town vendors were allowed
to participate in A Taste of VEISHEA if it were a community-based event. He stated that he was
not contacted by the VEISHEA committee to see if he wished to participate. He then contacted
the VEISHEA office, but was told it was too late.
Brent Bryant and G.W. Fuhr, VEISHEA co-chairs, stated that they visited with the owner of the
Golden Monarch at 2500 Lincoln Way where Mr. Papouchis wanted to vend, and the owner
indicated that she did not want him to set up his food vending cart in front of her establishment.
Mr. Bryant further stated that according to his committee's checklist, Mr. Papouchis was
contacted twice about the VEISHEA event. Mr. Bryant explained that priority was given to
Campustown businesses, other Ames restaurants, and, lastly, out-of-town vendors. He also
explained that VEISHEA's peer security would not cover Lincoln Way and that they would only
be covering the Welch and Chamberlain areas. He expressed concern over the security and
safety situation which might occur outside the controlled area.
Moved by Campbell, seconded by Brown, to deny a request from George Papouchis of Cafe
Northwest for approval of a vending license in order to operate a food cart at 2500 Lincoln Way
during the weekend of April 22 through April 24, 1994.
Vote on Motion: 5-0. Motion declared carried unanimously.
Mr. Papouchis stated that he had previously received a letter from the owner of the Golden
Monarch stating that it was okay for him to vend in front of that establishment, however, he did
not have the letter with him. He questioned the Council regarding regulation of out-of-town
vendors paying the City's 1% local option tax. He asked if he had the right to demand a hearing
due to today's action by the City Council.
City Attorney John Klaus stated that a hearing regarding the issuance of a vending license was
taking place at this time. Mr. Klaus read from Section 22.15 of the Municipal Code which
addressed issuance of a vending license. He further read from Section 22.20 of the Code
regarding the denial, suspension and revocation of a license. This section of the Code addresses
a concern expressed about the issuance of a vending license during VEISHEA which may
contribute to a public disturbance or uncontrolled activity outside the controlled setting of Welch
Avenue. It was the Council's feeling that the safety and security issues were the reasons for
denial of the vending license.
Mr. Papouchis asked that if he applied for a vendor's license after the VEISHEA festivities,
would his one-year license be valid for VEISHEA next year and would he be allowed to vend
according to that license. Mr. Schainker stated that during A Taste of VEISHEA activities, the
vendor's license is not valid because of VEISHEA sponsorship of events in the Campustown
area, and approval of the food cart would have to go through VEISHEA's central committee.
It was determined that approval of any vending license should also be subject to approval from
the business owner where a vendor wishes to sell.
COMMENTS: Council Member Brown asked that the Police Department provide her with a
monthly violations report on the licensed establishments of Shamrox! and Winstons/Tazzles.
Bill Brewer, Attorney for the owners of the named establishments, stated that this was a good
opportunity for the owners to learn exactly what their responsibilities are, and that he hoped this
was the beginning of a better working relationship with the City.
ADJOURNMENT: The meeting adjourned at 8:20 a.m.
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Jill Ripperger, Acting City Clerk Larry R. Curtis, Mayor