hearing announcement

Public Hearing Regarding
Special Use Permit for a Veterinary Clinic

Meeting of the Gilbert City Council
Thursday, April 14, 2005

Report by Gazette Editor Helen D. Gunderson
latest update April 18, 2005

	Visitors will need RealAudio software to listen to the audio material recorded at the hearing and posted on the Gazette. The free RealAudio version should be sufficient.
Also, interested persons can contact the Gazette to get a copy of the CD of the meeting, and there is a tape of the meeting that the public can listen to at city hall.

On April 14, 2005, the Gilbert City Council held a hearing on a proposed special use permit to allow local veterinarian, Dr. Tammy Kersting, to build a clinic with nine open-air, dog runs in a residential area on the north side of town.

The meeting was moderated by Mayor Yvonne Wannemuehler. All council members were present: Craig Allen, Teri Gallahan, Lynn Henn, Bob Jaquis, and Jon Popp. City manager/clerk John Lloyd recorded the hearing. City maintenance supervisor Gary Steel and building inspector Hal Briley were both present and spoke in favor of the permit. Dr. Kersting, Jody McCaskey (Dr. Kersting’s advisor for obtaining the property and building the new facility), and approximately 26 other visitors were present. I do not recall that either Briley or McCaskey identified themselves, even though they spoke at the meeting.

The energy and atmosphere in the council chambers was definitely in support of Dr. Kersting and the new location for her clinic. At times, there was much frivolity and jesting among the people who supported the measure. I understand that humor is an important part of life, that a little levity helps break the ice in difficult situations, that some of the joking was of an exquisite enough quality that it could have been written into the script of a network sitcom, and that many of the people in the council chambers had a long history of knowing each other. But still, a person has to wonder if some of the frivolity and jesting wasn't a bit much, considering that the hearing was a public forum for input on a governmental decision. In some ways, it seemed like several people knew the momentum was on their side. Indeed, from the minute last spring, when the city council first talked about Dr. Kersting's plan to build in a residential area, the clinic has seemed like a "done deal," regardless of what was said at council or planning and zoning commission meetings. Unfortunately, some of the visitors made the hearing into a social occasion with lots of laughs and an appearance of great camaraderie. The frivolity and jesting did not seem so funny to visitors who were in the minority and opposed to the special use permit.

Seven persons (in addition to Dr. Kersting and McCaskey) spoke in favor of the permit. Two people challenged it. A petition was presented with 100 signatures in favor of the permit. Another petition was presented with 50 signatures opposing the permit. However, the city council rolled ahead. After about a half hour of fleshing out details with Dr. Kersting, it voted unanimously to approve the measure.

When the hearing began, visitors were asked to limit their remarks to three minutes. There was, however, no indication that any city official was clocking the speakers in order to systematically monitor and judiciously enforce the amount of time that each speaker spoke. I have never witnessed, or heard of, a Gilbert council meeting in which the mayor or council actually administered the advisory notice, printed at the top of meeting agendas, that is designed to regulate participation by visitors in council meetings.

The hearing was pretty much a wide open discussion with visitors adding comments, or chuckling and somewhat cheering, as they pleased. I believe that the city staff members have a right to voice an opinion on a matter before the council. However, they should remember that they are hired by the city to serve the entire citizenry in an impartial manner. I believe that when the Gilbert building inspector speaks at meetings, he should identify himself and clarify what hat he is wearing (i.e. is he the building inspector or buddy of someone applying for a favor from the council). He should not behave in a way that makes it appear he is part of the cheering squad in favor of a measure, especially when there is clear opposition to it. It obviously would have been unethical for a staff member, such as the city manager/clerk, to have behaved at a public meeting in a manner comparable to the way the building inspector behaved at the hearing. Why isn't the mayor or council calling the building inspector on the carpet for the way in which he comported himself at the hearing?

The mayor and council members sometimes interrupted the speakers. In addition, there was a considerable amount of talking among the visitors during the council discussion to work out the details of the permit, making it difficult for interested visitors to focus on what was being said at the council table. The mayor seldom, if ever, spoke to quiet the side conversations. And only once did the mayor speak in a way that indicated she wished to establish decorum in the room.

Index to Audio Recording of the Hearing and Council Discussion

Track	Description	Length
	PRE-HEARING
04	Dr. Kersting’s presentation (note: this is not on the council agenda)	17:37
	HEARING
05	the council opens the hearing	:53
06	Dr. Kersting comments about her petition in support of the clinic	:43
07	Susie Brause, resides at 200 Second Street at the corner of Dunn and Second Street	3:33
08	Deb Adolphson, resides at 302 Upstill Drive	1:15
09	Stephen Howell, attorney representing Kevin Beyer, owner of the Gilbert Apartments	4:39
10	Jon Mullenbach, resides at 222 Mathews Drive and bases his business there. He also owns the Gilbert Car Wash on Main Street.	1:01
11	Dr. Kersting suggests that the names of renters be removed from the letter submitted in opposition to the clinic. TRANSCRIPTION OF TRACK 11 Dr. Kersting: I called Steve Goodhue, who sits on the Ames City Council, and I asked him how they handle. I guess on the petition that is brought forth on behalf of Mr. Beyer. I talked to them, and I also talked to the mayor of Roland, Jeri Neely. Gave them a call and asked them how they handle. What I would like to know is on that list of 50 people, are they renters or do they actually own the property. (A few visitors chuckle.) Hal Briley, city building inspector: That’s right. Woman visitor: Amen. Helen Gunderson: And what difference does it make? Dr. Kersting: Well, in talking to those two people on the Ames City Council, I asked them how they handled renters. They claim that they are basically not landowners, that they are not technically paying the taxes, that the landlords are paying the taxes, and that they treat them like they treat the students as transients, and so does the Roland City Council treat them. So on that list of, that petition of 50 signatures, I would ask to know how many of those are actually renters or property owners. responses from Goodhue and Neely Council Member Allen: Do you have that breakdown for your’s as well? Dr. Kersting: All of mine — she walked around, and they were signed by people at their houses. Council Member Allen: But are they renters? OK. So they are all owners? Deb Adolphson: There are houses that rent. (A woman who helps Dr. Kersting says there are a couple of signatures from rental properties.) Dr. Kersting: OK, I apologize. And I would ask those be stricken, too. Helen Gunderson: I would have this brief comment in response to that. (Council Member Jaquis tries to interrupt) Helen Gunderson: I have lived in my apartment for nearly 12 years, and Dixie Meek has lived in her apartment 25 or 30 years. Some of us who rent are not transients. We are full-fledged residents of this community. Council Member Allen: Could you introduce yourself and hand in a form, please? Helen: Yes sir. I am Helen Gunderson, and I live in, rent in the brick apartments. (Pause) Has Hal Briley handed in his? Hal Briley: What? What did she say? Mayor: All right, we don’t need this, Helen.	2:00
12	David Bonthuis, has purchased the large white house, currently owned by Gerald and Phyllis Wirth, at 129 Dunn Street.	:42
13	Penny Mindemann, resides at 205 Second Street, northwest of the proposed clinic	1:10
14	Gary Steel, resides at 305 Mathews Drive, just west of the business district. He also is the city maintenance supervisor.	1:06
15	Steve Meyer, resides at 210 Second Street	:19
16	Mary Vannoy, resides at 106 Stanley Drive	:41
Notes: It is troubling that neither the mayor, council members, nor clerk affirmed the principle that all residents are entitled to petition their city government. Nor did the Gilbert leaders provide any assurance that they do not discriminate against renters. After the hearing, there was a 27-minute discussion in which the council and Dr. Kersting worked out details of the permit. Then the council unanimously approved the measure, never acknowledging the issues of "spot zoning" presented in the letter opposing the permit. Indeed, the council never addressed the fact that in previous discussions, they had overlooked the fact that the clinic design, with its nine open-air dog runs, is inconsistent with the current city zoning ordinances. Council Member Craig Allen, when faced with complex dilemmas at meetings in the past three years, has often put on what appears to be a paternalistic and philosophic hat and suggested that the council needed to come up with a "Goldilocks solution." His style has been to invoke the name of Goldilocks, then proceed with oratory about the need to come up with a fair solution — not too hot or cold — not too big or small — just right. It is interesting that Allen has never invoked the "Goldilocks solution" when discussing the new veterinary clinic. In fact, from the very first discussions about the clinic, he has been rather cavalier about such things as honoring the comprehensive plan (which he helped create) and honoring the apartment community not far from where the clinic is to be located. I have never heard Allen invoke the name of Goldilocks followed by an admonishment that the council needed a solution that would, on one hand, value Dr. Kersting and help her remain in Gilbert while on the other hand, value Kevin Beyer and protect the investment that he has in the brick, four-plex apartment buildings. Nor did I ever hear Allen talk about the need to respect the renters in those apartments and preserve the quality of life that they currently have in that neighborhood. It is interesting to review the discussion from the Gilbert council meeting on April 19, 2004, when the council had its first (or perhaps second) discussion about the clinic. Even in those very early stages, Allen as well as the mayor and other council members were quite cavalier, and the new clinic location seemed like a done deal. Unfortunately, due to side conversations among visitors during the council discussion, it is hard to listen to the recording and understand all of what the council said.
	COUNCIL DISCUSSION
17	council discussion begins	20:04
18	council discussion regarding dumpster	1:29
19	council discussion — several remarks by Dr. Kersting	5:35
20	council discussion regarding noise, followed by approval of the special use permit. Moved by Bob Jaquis. Second by Teri Gallahan. The permit was unanimously approved.	1:17

Responses from Goodhue and Neely regarding Dr. Kersting's comments

Note: On Friday, April 15, 2004, I talked on the phone with Ames city council member, Steve Goodhue, at his office at First American Bank in Ames. He was mystified by Dr. Kersting’s remarks. He says he has not been in contact with her for over a year. Also, he says that he has good student support for his role as an Ames city council member and works hard to cultivate that rapport. He also said that he would never say what Dr. Kersting claims he said about devaluing the signatures of renters on a petition.

I also called Roland mayor, Jeri Neely, at her office at Re-Max in Ames on Friday. She said something to the effect, "I’m not going to get into this." She said she knows Dr. Kersting as a friend. Neely also said that she had no comment about the remarks Dr. Kersting attributed to her. I reminded Mayor Neely that what Dr. Kersting said was part of the public record.

I also called Roland council member, Roger Fritz, reaching him on his cell phone on Friday. He has been a Roland council member for six years. Neely has been the Roland mayor for 1 ½ years. Fritz says that he recalls only one petition coming before the council (a request for a stop sign) and that the Roland council has never, to his knowledge, discussed whether or not a petition signer was a renter.