HomeMy WebLinkAbout04-27-2023 City Council Rules CommitteeI r
CITY OF IOWA CITY
410 East Washington Street
Iowa City. Iowa S2240-1826
(319) 356-5000
(319) 3S6-S009 FAX
www.icgov.org
City Council Rules Committee Agenda
Thursday, April 27, 2023
10:00 AM
Helling Conference Room - City Hall
410 E. Washington St
1. Call to Order
2. Planning & Zoning Commission By -Laws
Discuss DRAFT Planning & Zoning By -Laws
3. Adjourn
Revised Draft
March 31, 2023
BY-LAWS
Iowa City Planning and Zoning Commission
ARTICLE I. AUTHORITY:
The Iowa City Planning and Zoning Commission shall have that authority which is
conferred by Chapter 414 of the Code of Iowa, Title 14, City Code, City of Iowa City,
Iowa and through the adoption of these by-laws stated herein.
ARTICLE II. PURPOSE:
The purpose of the by-laws stated herein is to provide for the general welfare of the
siti;zerts residents of Iowa City by establishing a Planning and Zoning Commission to
advise the City Council on all matters pertaining to the physical development and the
Comprehensive Plan of Iowa City.
ARTICLE III. MEMBERSHIP:
Section 1. Qualifications. The Planning and Zoning Commission shall consist of seven
(7) members appointed by the City Council. All members of the Commission shall reside
within the City limits of the City of Iowa City, Iowa.
Section 2. Compensation. Members shall serve without compensation, but may be
reimbursed for expenses incurred for travel outside the city on designated Commission
business. Such expenses must be submitted to the City Manager.
Section 3. Orientation for New Members. Prior to the first regular meeting following their
appointment, new members shall be provided with copies of the City Zoning Shapter
Code and subdivision regulations, by-laws, and other documentation that would be
useful to Commission members in carrying out their duties. They shall also be given an
orientation briefing by the City staff and the Commission as is deemed appropriate.
Section 4. Absences. Three consecutive unexplained absences of a Commission
member from regular formal meetings may result in a recommendation to the City Council
from the Commission to discharge said member and appoint a new Commission
member.
Section 5. Vacancies. Any vacancy on the Commission because of death, resignation,
long-term illness, disqualification or removal shall be filled by the City Council after at
least 30 days public notice of the vacancy.
Section 6. Terms. Members shall be appointed for terms of five years, with terms
expiring on July 1. Not more than one-third of the terms may expire in any one year. If a
position becomes vacant by reason of resignation or otherwise, and results in an
unexpired term of six months or less, the Council may choose to fill the unexpired term
in such a manner that the appointee shall continue in the position not only through the
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unexpired term, but also through a subsequent regular term.
Section 7. Resignations. Resignations should be submitted in writing to the Mayor with a
copy to the City Manager, Director of Planning and Community Development and
Chairperson of Planning and Zoning at least 60 days prior to the date of intended
departure.
ARTICLE IV. OFFICERS:
Section 1. Number. The officers of this Commission shall be a Chairperson, Vice -
Chairperson, and Secretary, each of whom shall be elected by the members of the
Commission.
Section 2. Election and Term of Office. Officers of the Commission shall be elected
annually at the first regular meeting in February each year; if the election of officers shall
not be held at such meeting, such election shall be held as soon thereafter as is
convenient.
Section 3. Vacancies. A vacancy in any office because of death, resignation, removal,
disqualification or other cause shall be filled by the members for the unexpired portion of
the term.
Section 4. Chairperson. The Chairperson shall, when present, preside at all meetings,
appoint committees, call special meetings and in general perform all duties incident to
the office of a Chairperson, and such other duties as may be prescribed by the members
from time to time.
Section 5. Vice -Chairperson. In the absence of the Chairperson, or in the event of death,
inability or refusal to act, the Vice -Chairperson shall perform the duties of the Chairperson
and when so acting shall have all the powers of and be subject to all the restrictions upon
the Chairperson.
Section 6. Secretary. The Secretary shall have the responsibility of insuring that the
Commission's minutes are accurate and are circulated as prescribed. The Secretary, in
the absence of the Chairperson and Vice -Chairperson, shall perform the duties of the
Chairperson and when so acting shall have all the powers of and be subject to all the
restrictions upon the Chairperson.
ARTICLE V. MEETINGS:
Section 1. Regular Formal Meetings. Regular formal meetings of this Commission shall
be held twice monthly whenever possible.
Section 2. Special Meetings. Special meetings of the members may be called by the
Chairperson and shall be called by the Chairperson or Vice -Chairperson at the request of
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three or more members of the Commission
Section 3. Place of Meetings. Regular feraRal Meetings shall be in a place accessible to
persons with disabilities unless an electronic meeting is allowed -pursuant to Iowa Code
Section 21.8.
Section 4. Notice of Meetings. Notice of regular and special meetings shall be required;
meetings may be called upon notice not less than twenty-four (24) hours before the
meetings. The news media shall be notified by staff as required under Iowa Code Chapter
21.
Section 5. Quorum.- Unless an electronic meeting is allowed pursuant to Iowa Code
Section 21.8, Aa majority of the members of the Commission physically present shall
constitute a quorum at any meeting. Where a quorum is present electronic participation
by those members not physically oresent may be coordinated on a case -by -case basis
upon request.
Section 6. Proxies. There shall be no vote by proxy.
Section 7. Public Discussion. Time shall be made available during all regular formal
meetings for open public discussion.
Section 8. Motions. Motions may be made or seconded by any member of the
Commission except the Chairperson.
Section 9. Ex parte Contacts. A member who has had a discussion of an agenda item
outside of a public meeting with an interested party shall reveal the contact prior to staff
report, naming the other party and sharing specifics of the contact, copies if in writing or
a synopsis if verbal.
Section 10. Conflict of Interest. A member who believes they have a conflict of interest
on a matter about to come before the Commission shall state the reason for the conflict
of interest, leave the panel of Commissioners before the discussion begins, shall not
participate in the discussion and may return to the panel after the vote.
Section 11. Voting. A majority (but not less than three) of votes cast at any meeting at
which a quorum is present shall be decisive of any motion or election. A two thirds vete
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eree#. In accordance with Iowa City
Code Section 14-8D-5E as may be amended not less than four votes shall be required to
recommend approval of an amendment to the Zoning Code to the boundaries of zoning
districts or to the zoning of a particular parcel of land.
Upon request, voting will be by roll call and will be recorded by yeas and nays. Every
member of the Commission, including the Chairperson, is required to cast a vote upon
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each motion. A member who abstains shall state the reason for abstention
Section 12. Roberts Rules of Order. Except as otherwise provided herein, Robert's Rules
of Order as amended shall be used where applicable.
ARTICLE VI. POWERS AND DUTIES:
The City Planning and Zoning Commission, in addition to the powers conferred by
Chapter414 of the Code of Iowa, possesses the following powers established by Section
14-7A-1, City Code, City of Iowa City, Iowa:
Section 1. To make such surveys, studies, maps, plans or plats of the whole or any
portion of the City and of any land outside thereof, which in the opinion of such
Commission bears relation to the Comprehensive Plan, and shall submit such plan to the
Council with its studies and recommendations and it may publish the same.
Section 2. To make recommendations for the location of public buildings, bridges,
viaducts, street fixtures, public structures or appurtenances and the sites therefor, and the
location or erection of statuary, memorials or works of art in publicplaces.
Section 3. To make recommendations upon plans, plats, or replats of subdivisions or
resubdivisions in such city which show streets, alleys or other portions of the same
intended to be dedicated for public use.
Section 4. To make recommendations for street, park, parkway, boulevard, traffic way
or other public improvements, or the vacation thereof.
Section 5. To carry on comprehensive studies of present conditions and the future growth
of such city in order to guide and accomplish a coordinated, adjusted and harmonious
development of such city in accordance with the present and future needs thereof to the
end that the health, safety, order, convenience, prosperity and general welfare may be
promoted.
Section 6. To conduct public hearings upon the adoption of such comprehensive plan
or any amendment thereto.
Section 7. To prepare a zoning ordinance regarding the height, number of stories and
size of buildings and other structures; the percentage of ground that may be occupied; the
size of yards, courts and other open spaces; the density of population, and the location
and use of buildings, structures, and land for trade, industry, residence, or other purposes
and to this end shall prepare a preliminary report and hold public hearings thereon and
after such hearings have been held, to submit its final report and recommendations to
the City Council.
Section 8. To recommend to the City Council, from time to time, as conditions require,
amendments, supplements, changes or modifications in the comprehensive plan
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prepared by it.
Section 9. To do all things necessary or advisable in order to carry out the intent and
purpose of this article and all other ordinances relating to the state as they now exist or
as the same may be hereafter amended or supplemented.
ARTICLE VII. HEARINGS:
Section 1. Comprehensive Plan. Before the adoption or amending of any part of the
Comprehensive Plan, the Iowa City Planning and Zoning Commission shall hold at least
one public hearing thereon, notice of the time of which shall be given by one publication
in a newspaper of general circulation in the municipality, not less than seven days or more
than 20 days before the date of hearing. After adoption of said plan by the Commission,
a copy shall be forwarded to the Council. If the plan, or any modification or amendment
thereof, shall receive the approval of the Council, the plan, until subsequently modified or
amended as authorized by this section, shall constitute the official city plan of Iowa City.
After the City Council has adopted all or part of the Comprehensive Plan, the Planning
and Zoning Commission shall:
(a) Investigate and make recommendations to the City Council upon reasonable and
practical means for putting into effect the Comprehensive Plan in order that it will
serve as a pattern and guide for the orderly growth and development of the city.
The measures recommended may include plans, regulations, programs, financial
reports and capital budgets.
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(b) Endeavor to promote public interest in and understanding of the comprehensive
plan and regulations relating to it.
(c) Consult with and advise public officials and agencies, public utility companies, and
civic, educational, professional and other organizations, and citizens generally, on
the implementation of the provisions of the Comprehensive Plan.
ARTICLE Vill. CONDUCT OF COMMISSION BUSINESS:
Section 1. Agenda. The Chairperson, or a designated representative, together with staff
assistance shall prepare an agenda for all regular Commission meetings. Agendas are
to be posted at least 24 hours before the meeting and shall be sent to Commission
members and the media prior to regular formal meetings. Copies will be available to the
public at the meeting.
Section 2. Minutes. Minutes of all regular formal meetings are to be prepared and
distributed to Commission and City Council members. Specific recommendations
requiring Council action are to be set off from the main body of the minutes and
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March 31, 2023
appropriately identified
Section 3. Review Policy. The Commission shall review all policies and programs of the
City, relating to the Commission's duties as stated herein, and make such
recommendations to the City Council as are deemed appropriate.
Section 4. Referrals from Council. From time to time letters, requests for information,
requests for recommendations, and other matters are referred to the Commission by the
City Council. The Commission will initiate consideration of each item at the next regular
Commission meeting and shall notify Council of its disposition.
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Article IX PUBLIC
Section 1. Public's Right to Address Commission Persons other than Commissioners
shall be permitted to address the Commission only upon specific Agenda items, and only
at Formal Commission meetings. No public comment is allowed at Commission Work
Session meetings unless the person(s) is directly invited by the Commission Chair or a
majority of Commission.
Section 2. Manner of Addressing Commission At each Fformal Commission meeting, a
person desiring to address the Commission shall step to the podium, state their name,
the city or town where they reside, and any group they represent, and speak clearly into
the microphone. They shall also legibly write their full name and city or town of residence
on the speaker log. At all public hearings, each speaker who has a special right to object
by virtue of their address shall be required to provide their address and group affiliation,
if any. If electronic participation in the meeting is permitted by Commission, the person
shall use the prescribed method for comments.
Section 3. Time Limit on Public Comments Persons wishing to address the Commission
shall be limited to no more than three five minutes speaking time per Agenda item on
which the public is allowed to speak, unless additional or less time is determined by the
Chairperson, based on the number of persons wishing to speak and/or the length of the
Commission meeting. Total public input on any agenda item can be further limited to a
fixed period by the Chairperson. A majority vote of the Commission may alter the time
limitations of this rule. Applicants and/or their representatives shall not be subject to this
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time limitation, but may instead have reasonable time limits imposed by the Chairperson.
Section 4. Public Comments to Be Germane. Public comments must relate directly to
the subject under consideration. The Chairperson shall rule on the germaneness of public
comments. While the Commission absolutely respects the public's First Amendment
rights when addressing the Commission, speakers are most persuasive when they make
substantive arguments supported by facts. Persons making non -germane remarks during
any portion of the meeting or engaging in any action that impedes the orderly conduct of
a Commission meeting shall not be recognized by the Chairperson during the remainder
of the meeting. To ensure the meeting is conducted orderly and free from interference or
interruption, the Chairperson is vested with exclusive discretion to review and determine
whether remarks or actions meet any prohibited terms of this rule. Arguing with the
Chairperson about any determination will be considered per se disruptive.
Section 5. Rules of Conduct. The following rules are adopted for the conduct of those
attending Commission meetings:
• Only persons recognized by the Chairperson will be allowed to speak. The
Commission wishes to hear from members of the public as part of respectful,
civil debate and ensure that members of the public do not feel bullied or
intimidated. These rules are intended to promote an orderly and dignified
system of conducting a public meeting, to give every interested person an
opportunity to be heard without being chilled from doing so, and to ensure that
no individual is deprived of their right to petition their government.
• All remarks must be addressed to the Commission as a body, and not toward
any City employee or Commissioner individually.
• Public comment is intended so that members of the public may be heard by the
Commission. To comply with open meetings laws and proper meeting
procedure, the Commission cannot engage in discussion or debate until the
appropriate time for Commission discussion. However, once the commenter
has left the podium, Commissioners may ask staff to respond to a concern or
question posed by the public, or to follow up with the speaker.
• Persons may address each agenda item only once.
• Organized groups that wish to make a presentation longer than the public
comment period time allowed may consolidate the speaking time of persons
who are present and willing to give up their speaking time on the subject
agenda item. Said consolidation may result in no more than six eight minutes
of speaking time for aRY siRgle speaker the representative of the organization.
• No person shall be permitted to enter the demarcated area in front of or behind
Commissioners without the permission of the Chairperson.
Section 6. Failure to Follow Commission Rules. To enable the Commission to transact
the business of the City and conduct efficient meetings, persons other than
Commissioners who violate these rules and/or fail to follow the direction of the
Chairperson on more than one occasion during a Commission meeting shall face
sanctions, including the following:
A verbal warning; or
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Not being recognized to speak at the remainder of the meeting; or
Being directed to leave the meeting; or
Being suspended from attending one or more subsequent Commission
meetings.
The Chairperson is empowered to make the determination of when violations have
occurred, and to impose the appropriate sanction, which will normally be progressive in
nature. Steps may be skipped if the violation is sufficiently egregious. Failure to adhere
to sanctions imposed are grounds for additional sanctions.
ARTICLE IX. SUBCOMMITTEES:
The subcommittees of this Commission including composition, duties, and terms shall
be designated by the Chairperson.
ARTICLE XI. AMENDMENTS:
These by-laws may be altered, amended or repealed, and new by-laws adopted by an
affirmative vote of not less than four members of the Commission at any regular meeting
or at any special meeting called for that purpose. Amendments shall be approved by the
Council to become effective.