HomeMy WebLinkAboutA009 - Council Action Form dated August 26, 1997 ITEM # -02- ! 4'S/-L
DATE August 26, 1997
COUNCIL ACTION FORM
SUBJECT: Report on Legal Issues Regarding Unitarian Fellowship Proposal
BACKGROUND:
At their July 22nd meeting the City Council tabled a decision to prohibit parking on Hyland
Avenue from West Street to Ontario. At that meeting representatives from the Unitarian
Fellowship offered to pay the City $75,000 to ensure the availability of public parking along
approximately 300 feet of Hyland on Sunday mornings. The amount offered by Fellowship
officials approximates the amount of State grant monies that the City would lose if parking
is allowed on the bike path along Hyland.
Having received the proposal from the Unitarian Fellowship for the first time on July 22,
the City Council tabled the matter so that City Staff could meet with Fellowship officials to
clarify the offer and identify the relevant legal issues. After meeting with Fellowship
representatives, Staff confirmed that the intent of the proposal is to pay the City for a
guarantee that parking spaces will be available along Hyland on Sunday mornings.
The City Attorney has identified two legal principles that pertain to this issue:
A city cannot contract for the performance of its governmental, as
distinguished from its proprietary functions. The City cannot bind itself
by contract for the exercise of its legislative function. Marco
Development Corp. V. City of Cedar Falls, 473 N.W. 2d 41,42, 43
(Iowa 1991).
Streets are intended for the common and equal use of all;
appropriation of street land to private use, from which the public
derives no benefit or compensation, violates a fiduciary duty owed by
the city authorities to the public; but, the municipal authorities may
authorize the temporary use of streets for private purposes to a limited
extent. 10A McQuillin Mun. Corp. 3rd Ed.,30.73.
ALTERNATIVES:
1 . The City Council can accept the offer from the Unitarian Fellowship to "rent" space
along Hyland Avenue on Sunday mornings in return for the amount the City would forfeit
to the State as a result of allowing parking on a bike path.
2. The City Council can decline the offer to "rent" space to the Unitarian Fellowship along
Hyland Avenue for parking, and amend the current ordinance to prohibit parking along
both sides of Hyland from Lincoln Way to Ontario.
MANAGER'S RECOMMENDED ACTION:
It is Staff's opinion that the City can not legally enter into the type of agreement that is
being proposed by the Unitarian Fellowship. In addition to the legal impediment to this
type of arrangement, it is Staffs belief that the precedent of allowing organizations to meet
their parking demands by acquiring rights along City streets is ill advised. Therefore, it
is the recommendation of the City Manager that the City Council adopt Alternative #2 and
amend the current ordinance to prohibit parking along both sides of Hyland from Lincoln
Way to Ontario.
City Staff has been working with the representatives of the Unitarian Fellowship to identify
other options for off-street parking in the area and is committed to continuing this
assistance.
COUNCIL ACTION:
C
ORDINANCE NO. (r
AN ORDINANCE TO AMEND THE MUNICIPAL CODE OF THE CITY OF
AMES, IOWA,BY REPEALING SUBSECTION 18.31(82)AND REPLACING
IT WITH NEW SUBSECTION 18.31(82)(a),(b)and(c),FOR THE PURPOSE OF
REVISING PARKING REGULATIONS ON HYLAND AVENUE;REPEALING
ANY AND ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT
TO THE EXTENT OF SUCH CONFLICT; PROVIDING A PENALTY; AND
ESTABLISHING AN EFFECTIVE DATE.
BE IT ENACTED,by the City Council for the City of Ames,Iowa,that:
Section One. The Municipal Code of the City of Ames, Iowa shall be and the same is hereby amended by
repealing Subsection 18.31(82)thereof and replacing it with a new Subsection 18.31(82)(a),(b),and(c) as follows:
"(82) HYLAND AVENUE.
(a) Parking is prohibited at all times on the west side from Lincoln Way to Ontario Street;
and on the east side from Lincoln Way to West Street.
(b) (Reserved)
(c) (Reserved)"
Section Two. Violation of the provisions of this ordinance shall constitute a simple misdemeanor punishable by
a fine not to exceed$100 or by imprisonment not to exceed 30 days.
Section Three. All ordinances or parts of ordinances in conflict herewith are hereby repealed to the extent of such
conflict,if any.
Section Four. This ordinance shall be in full force and effect from and after its passage and publication as required
by law.
Passed this day of , 1997.
Sandra L. Ryan,City Clerk Larry R.Curtis,Mayor
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