The Atlantic City Council overwhemingly voted down the first reading of an ordinance which would eventually have allowed the rezoning of a 50-foot lot on the southwest corner of 7th and Olive Streets, from Residential to Highway Commercial. Prior to their 7-0 vote, the Council had received a petition from residents in the immediate area opposed to the request from Plummer Investments to have the lot rezoned.

The owner has said he would tear down a 133-year old dilapidated home on the lot he owns because it hasn’t been kept up according to the City’s Minimum Maintenance Code, but he didn’t say what the lot woud be used for. That was still a mystery during Wednesday night’s City Council meeting. Mayor Dave Jones said “We have no plans from the person requesting the variance about what he’s gonna do. I’m not sure what the motive is behind it.”

The City Zoning Board recommended the rezoning be approved, but City Administrator Doug Harris pointed out the proposal doesn’t conform with the intentions of the City’s Comprehensive Plan for residential zoning in that area. Harris said he would be reluctant to rezone the lot unless the City receives more specific plans that would show how it would benefit the neighborhood and conform to the Comprehensive Plan.

The only access to the lot is through an alley, which the Council agreed is not conducive to parking or the flow of traffic in the area, if a commercial structure were to be built on the lot. David Riedeman, real estate agent for the property owner, tried to speak to the Council’s concerns over plans for the property. He said Plummer also owns an adjacent property to the west of the lot in question, and is willing to sell that property as well, if a potential commercial buyer needs parking. Reideman says his client intends to sell the lot for commercial development.

A Tobacco Free Policy for Sunnyside Park in Atlantic failed to advance past the first reading Wednesday night, during a meeting of the Atlantic City Council. Council members Jimerson, Somers, Hayes, Hartkopf, Halder and Cord voted against it. Councilperson Lori Stuart was the only yes vote. The action came after nearly 45-minutes of discussion during a public forum, which included comments and a Power Point Presentation on a report from the Cass County Public Health Task Force which included Cass County Public Health Community Tobacco Prevention Coordinator Karla Akers, Teddi Grindberg, with Healthy Cass County, and Atlantic Parks and Rec Board Member Jolene Smith.

As part of the presentation, the Task Force brought up the Smoke Free Air Act, which regulates smoking in public places. Grindberg quoted a section of the SFAA (IA Code 142.D) which spells out areas where smoking is prohibited outdoors. It includes bleachers or seating areas in outdoor sports arenas and other entertainment venues where the general public is gathered. Public transit stations, platforms and shelters are also prohibited under the Act.

Former Atlantic City Councilman Steve Livengood, a non-smoker, was opposed to the proposed ordinance. He offered a rebuttal to Grindberg’s comments with regard to the Iowa Smoke Free Air Act, several parts of which he said were taken out of context. He said a “Public Place” uses the term “enclosed space,” which by definition, would not include a park shelter, since it has to have “A roof, a ceiling and 4 walls”. He says the shelter Grindberg spoke of pertained to public transportation, not park shelter.

Akers said the bottom line is that the ordinance “Isn’t about the Smoke Free Air Act.” She says that they brought that to the Park Board, to show the basic requirements and that they weren’t complying with the Act. She said they want the City needs to set a good example for children and that the City cares about the health of those youth. Prior to their vote on the first reading, the Council was in agreement it is not the City’s responsibility to send a message to kids not to smoke or use tobacco. Councilperson Kathy Somers said that’s something that needs to comes from families. She said also “It would be a shame to limit the privileges of our citizens, just to be an example to the children who already hear it plenty of ways.”