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HomeMy WebLinkAbout1993-05-03 Agenda ,>, ' .' f1t.",<Lit" '.-' ~;j:" ", ,'f,' ,:'~-- ...-;~::':-< -: ,-::.::.."..1, <," . '... , 1m '7] \ \ -, ,J ~',_ :,'" ......)' ,;~;' :..,,:....... '\,.'~ \ ' ,'.' , " '.' II,': . ",: , AGENDA IOWA CITY CITY COUNCIL SPECIAL COUNCIL MEETING. MAY 3, 1993 7:00 P.M. COUNCIL CHAMBERS ITEM NO.1. CALL TO ORDER. ROLL CALL. ITEM NO.2. q3 _ 95 CONSIDER A RESOLUTION REQUESTING A SPECIAL ELECTION TO FILL A VACANCY IN OFFICE CREATED BY THE RESIGNATION OF A DISTRICT C COUNCIL MEMBER. Action: 'rtt:-~/ IhxA .kv ~} ITEM NO.3. ADJOURNMENT. Action: t~t / ~~j) I ~' () &IA/1() 1.:g,; /),m, I clfik\5.3Iptml,a;d att~ I .,.,. v...... I "... ~ - "....-- .. r .---T~--""-r ,........ - - ....-r- ._~ ,._ ~ ..".. - or ':::,.::t;t:i ',: fff ,,' i~r':: ,fbi.. .:.> ',: - ','. ': . .":-:':.>> ',,:,". J:, ':".~'~ "~,,":, ~LJ'1 . t;",:' '":"" ';.,' Item #2 Kubbyl I'd like to change the dale. I'd like 10 move it back at least a week just because of the holiday week-end and the 5th is a holiday and most people take a 3-day week-end. It just makes it difficult for people who want to go to the polls around the holiday time. So I'd like to amend it to say July 13. Novicki Yea. McDI Do we have that flexibility? Novicki Marian? Karrl Linda? McDI How do we? Gentryl Just change... Court! I thought the clock was running as of tonight. Gentryl There isn't time? Karrl The State Code states that you have to it at the earliest practicable date. The election office last week said if we held a formal meeting tonight the earliest date they could do it would be July 6th. If we held a formal meeting next week, the earliest time we could do it is July 13. Novicki Are we required to do it July 6th if we approve the resolution tonight? Gentryl Yes, you need to amend the resolution. Novicki No, I'm not quite sure of that cause we have to wait until next week in order to say July 13th. Gentryl No. You just amend the resolution. Novicki Well, the earliest practicable phrase is what caught me. Gentryl A week isn't going to make any difference. Courll Well, I was caught in that too because I thought we went around, Marian,Linda and I went around all day Friday on this thing and trying to decide and it was practicable to have it tonight because we were together anyway. Kubb)'1 Right this is practicable but I don't think this is (meaning the date). I don't think July - Pf,' v-..-. I "... .-- - ...-'---- .. ..~"~-....r , r - "'-r- -- .,.- -. ~.". ---.........- i >:':,:~-:t<,:,':',GI,<:,::pZt<:'<t'"i..': ,'-,' >':': .,' ,>:< ,"' '.~, rJ ,.' :l.~ ,," :...El .' .f~J . '., ,'" .,,' " ~ r ,-' "t,~I', '.~ " 'II" ~ . .',' . "./ ;l 6th is and the law says practieable as possible. Court! Well the reason that it ended up July 6th is because we were meeting tonight. That wasn't what I was told Friday. That if we meet tonight it had to be July 6th. These two are disagreeing on that. Gentryl Why? Karel Going back to earliest praeticable. We're at a formal meeting right now. The earliest practicable time given to us by the Auditor's office is July 6th. That's the earliest. Kubbyl Right but that's... Gentryl But I mean one week or the other isn't.... Karel That's your can. Gentryl I mean there isn't any magic about either date. If you were talking about three months from now or sometime beyond the statuatory time then I'd be concerned. If you were delaying it for a month, I would be concerned. One week doesn't concern me... Court! But you are talking about the time to have the meeting. Doesn't make any difference? Gentryl No, I'm talking about the time to have the election. The election is what has to be at the earliest practicable time which given 7 days is not going to make a difference one way or the other...it's still within a reasonable time. Novicki Yea, and I think Karen's point about scheduling it immediately after a holiday week. end is a reasonable argument July 6th. Kubbyl It's a very important holiday for alot of families. Court! Well, there's some very good arguments against having it the next week too. Kubbyl What? Courtl That week of the 4th happens to end alot of summer activities in Iowa City including baseball, Babe Ruth, Little League and all that and some people wait until the next week and they are out of here. Gentryl Those are exactly the issues that you should be talking about in terms of being practicable. Karel I might also add we do have the absentee ballot that have been very successful... Kubbyl Right. I guess that I start thinking then too about like the Auditor's office. Thatlast ..". I '-,' .,.'." "::":,' :'m.... '-,<~.. ,":'.:i~l ,..:,,:" " ,,'; ':,:' .' JI ' "'''' . "If" ' ''...' ',"'-' ::"">"~",:'::.\~<: >\~,_",,: '::::,J~~'l'" ....".~, .J",:;.,I ",...:'..~~,,:' :3 time there was a special election it was during I think Thanksgiving... CourV Well, they were asked several times Friday if they had any problems with the 6th and every time they said no and now tonight at 6:00 Ihey called SIeve and said they had some problems with it. I mean we went around all day Friday with them does this bother, does this bother you, and every time they said no.... Kubbyl Well, it's going to be one group of people or another... Gentryl Nobody, I mean you can't please everyone. Horol Can't please everybody. Kubbyl Yea, and I think having that extra week because it's such a compressed timeframe anyway for the whole process that if we are going to inconvenience a bunch of people no matter what we do that having that extra week for the process to take place is an important thing to let happen. Horol I don't really care and so if it will help by making a motion to amend the resolution to read July 13th I so move. Kubbyl Second. Court! It's been moved and seconded to amend the resolution to July 13th. Discussion. Noviekl What's the comment from the Auditor? Court! Oh, they're concernced about the employees losing a holiday because Monday is a holiday and they would have to be preparing for the election. McDI Now, that's the tirstthing that was thought of when youlalked about the two dates and I know that they did re-assure you that was not a problem and now it's a problem. Gentryl It's no longer practicable apparently under their.... McDI Hadn't they looked at the calendar before? Gentryl Don't know. MeDI I don't care. Kubbyl You know what difference does it." McDI I don't have strong feelings really one way or the other Karen. Horol I don't either Karen. I am so ensensed about having to have the election period that it -- P'!." .,... .. I "... '...... y-,--- -.. .....................-......, ~-- -.---r- , -y - ~ . -.,. . " 't~I"l3'. "(J'_:.;,,:"',;".:',' ", ',,:',:,-:< ;.'" ,', l~;, -;::~~r'~ :" '~pl, ':\ ". " , .' ' / " - ,',.:' ::' -:': . ,'-.' f doesn't make any difference to me what the date is. Kubbyl So let's do the 13th. I have strong feelings about it. Horol Okay, fine with me. Ambl Well, when Darcel polled us or at least I talked to him Thursday I have the same attitude I don't care it's the 6th or the 13th. So I tried to think of practicable reasons why we should have it the 6th or the 13th. One thing that's going to happen is that you are going to another of campaigning whieh will mean there will be more money that will probably have to be spent by the candidates and we know who wins in that situation in evry election and I suppose that I go with the 6th. And we thought about the idea that the holiday was there. You are going to have some people that are out of town I feel that everyone will be back by that night. By the same token the following week you are going to have another whole group of the population who will leave on vacation with their families. Now as a separate part of this whole scenario and I kinda share Susan's feelings in my recollection is that our Charter is supposed to be reviewed and amended again next year. And I would certainly be receptive or try to lobby that new Charter Commission that we tighten up on the rules for who can sign a petition. I paroused some of those and 2/3's of those that signed it wouldn't be here in July 6th or July 13th... Court! That's right. Ambl . ..at the very least anybody who is an eligible member of this community to sign that petition at the very least should be a registered voter instead of someone that is here today and gone tomorrow. That's what's triggering this. Court! They're all dormitory residents. They will be gone. Novicki Okay. Our law says that they don't have to be? Ambl No. Eligible electors which means that all you have to be is 18 and be a resident of the City of Iowa City. Court! Bill, Marian says that Slate Code. Gentryl Stnte law and we can't... Ambl Then let's get that changed. Gentryl Call your legislntors. Ambl Hey, we got the handic.1pped penalities changed. Horol It seems to me that the tight financial situation that this whole stale has this city needs another election like it needs a hole in the wall right now. .......- y-.- --~v,-. ,. ~-....- """~"-.rr--"""""-"'--... -~---..,..-- ... . . ................" ----,,. ... ,... , , ,,- "'t[l''';' ':'-~""" . "8' ,":,"':"t:,,- . ::.': ,'-','.'ti(l<" . --.. ,- . " ""'C~' '.', ,:,.' '~J ' . ' , . , ,.' I ',. 'I ' :.' I. - . 1 'I ' " ,', " " I ,. ". '~fI" ~, .' . , , , . . : .,r, . .'~." ,... , I. . J.. 5 Kubbyl Like that's not the issue here. Horol But it is in terms of Bill's asking for tighten up. The issue that I suggested for amending is the 6th to the 13th. Bill has a good point on it, I'm neutral but I must confess we would probably wind up you know if! wasn't on this council I would probably wind up taking that second week. Ambl Ah, huh. Horol I mean I stay away from being on the road the 4th of July week.end. Ambl That's a perfect time for families to take vacations. We all go to the Black Hills. Kubbyl But that's when you do, other people take off alot of people travel on the 4th of July. Ambl The people who are likely to vote take off that period of time. I I , I , Kubbyl I just don't understand how you can say that. Alot of people take vacation.... Ambl It's easy....I say the people that are likely to vote take off that period of time. Novicki The people that are likely to vote will go in and vote absentee also. Ambl They can. Novicki The serious consciensous voters do vote absentee if they are going to be out of town. I Ambl Well, then they'll vote on the 6th wouldn't they? They will go in Friday or Thursday? Noviekl They'll go in and vole on the 6th if they Want too, yea. Kubbyl It just gives also, in terms of this absentee voting, if that's what your talking about having that extra week gives people that extra week to decide to do that, prepare for their vacation, and to absentee vote. Horol I call the vote. Court! Motion to call the question. Dies for lack of a second. McDI What are you looking for? Horol I asked for the question to be I mean.. .the amendment has to be voted on. Court! No, we'll have to vote on the amendment first. ,. , ",' t~/' .'Na.... ':-(J'Zl '" :;,",","':''- ( :,.: <' ~:"'c .' : ^. '.:>: .',:: "~...'7l ,- ;:~d\ > ',., :' ~,'" '.'. ' :'" '. ':. :., ",' ",,' (.~ '. '\' "", ,iW. ": ," "'. :. '..'......_1,".,~,. .'.' ~ Horol I have a ... feeling that other people will want to talk more so. Kubbyl No, I'm ready to vote I just don't like calling the question. Horol Yea, oh but it just brings it to closure. I mean there isn't anything punitive about it it's just.... Court! Do we have any discussion on it? McDI I don 'tlike it but I don't have strong...I mean the 6th is fine and I guess I don't have any problems with the 13th. I don't have strong feelings one way or the other. I really don't. Novicki I think most of us don't have strong feelings about this. Ambl I really don't. It's just the whole process. Kubbyl But if people don't have strong feelings and the Auditor's office has chanegd their mind and said it is not practicable for them to do it... Court! I do have strong objections. I know that a group of people that I know the best and I know what their habits are and I think that I am bound to follow that. I mean there are aIot of people that wait until after the week after that to take off and you know Kubbyl I'm not denying that that is true for a segment of the community... I Court! I feel there is more of my constituents that do that than are going to be..there are all kinds of toumamenls and stuff in town on the 4th of July week.end and alot more people staying here for that and I mean...I think that is a better time for the election. We all have to vote with the people that we know the best. Ambl We also have a time chosen for the primary. Karrl Yes, I have calendars tonight if you would like to look at them based on the scenario of July 6th. Noviekl Yes, I want to see those. Kubbyl It would have bccn helpful for me like we got no information about what what our earliest date and what our latest date was... Karrl I didn't know until the last minute Friday what date to plug in and I just simply didn't have time to get them out to you to give you the notice. Court/ I didn't sign for the meeting until 4:00 Friday afternoon because we were investigating this thing all day. - P"!,:' V.... ---".-........ .".-'------ - .. ..----..'~-.....r '.-Y w. - ..~~,- -. ......,..- .... -......... .--"' \ :,:',:L71::,;'.:,_:::l!J:~,::;,kl:", ,;9,:,:. ': ;,:,'~':- :::..,' "'::,':':' :,\,,'~/.'~t\-,,;~,., .~7l':\"\J\'~I' ,. ...'~ '. ,'.' ,~, 1 Kubbyl Okay.... Court! Any other discussion on the amendment to move to the 13th. All in favor? Ayes: Horowitz, Novick, McDonald, Kubby. Nays: Ambrisco, Courtney. Court! Motion passses 4/2. Back to the original motion as amended. Any further discussion? Horol I have to vote yes on this but I want my constituents and the rest of the city to know that it's only because I have sworn to uphold the constitution of the United States and the State of Iowa that I am voting for this. I think this is the silliest thing and a pure waste of money when it is coming so elose to the November election and I feel sorry for the citizens of Iowa City that we have to use the money like this. Kubbyl It's interesting that ideally I would have preferred to have an election but I found it acceptable to appoint until November but I don't find myself being angry at all. I think that our charter allwos for this kind of public participation and that someone kicked in this option and I think that this is a good thing. I know that it costs money and democracy costs money. McDI You don't see this as a total waste of $15,000 to $20,000? Kubbyl I don't find it a total waste. I had voted for making the appointment and so that was to save that money that was acceptable for 6 months to have that but I don't find myself having a negative reaction that other council members have to this. I Horol My feeling is more of stewardship right now rather than concern for oh my God the democratic process that could have waited for that period of time. Novicki Yea. Courtl I think that it's just totally an economic travesty. We could have a primary on this thing and it could end up eosting $25,000-$30,000 casy for two or three months. I hope that the people take into consideration who was behind this when they go to the polls and vote. If he choose to run because I just think that going out and standing in front of the dormatories and havedorm. residents sign a petition, they'll sign anything. They don't have to pay the property taxes at all, you know, tax free properties. None or some of them are registered, very free of them jsut go back thru and look at the results for City Couneil over the last yems. You'll get 25 maybe 30 votes out of the whole precinct. You know it's abusing the system as far as I'm concerned but like Susan says we have to vole for it. Any further discussion? Roll call. Gentryl Ambrisco Ambl Let me clarify the amendment that postponed the date tilthe 13th, that's the vote right ---"i!V"" "... ~ - "....--- --. " .........-T :<..,.:,:tD....',,:,L!..::. . ~Ji, . :.(2,)./ " ,":' :.. -'",,':"':'::",':', ': [!.' f. "t.IEJ.. .~?I,,, ~3.., ,'. J .'" . :, ,. . I......, ,I" if .~,(,. " ' , I ." q now? Gentry/ Yes. Ambl Aye. CourV Yes. Horol Yes. Kubbyl Yes. McDI Yes. Noviekl Yes. Kubbyl Do we need to I mean I know there was this option to appoint in between and I don't know if we have to talk about that.. . CourV We do Kubbyl Or is it just assumed what we are going to do. Court! We have still the ability to appoint for what would turn out to be three meetings. Three formal council meetings. And we have already voted to do that. How do we undo that if we wanted too? Gentryl You don't. Karel It will appear on your 5/11 agenda regardless. Court! Okay so when it comes up to that we just vote not to appoint anybody... Karel If that's Council's wishes. McDI AIlhough Marian at this point we are still advertising are we not? Karel Yes. MeDI If there is a majority that does not want to precede with that can we not even though can we not state something to that effect? Karrl Yes. McDI So that advertising could ee.1se? I I i , ! ) I , ... '",,;,,, "~' 1]"";:""":;::'::: .'"",.,,.:~rL,-' '.EI,:,"'I ":.,',1 ',-:_::,' '.-"'-',',:.,:, '< ,[ f,~. J'0l ,It I - '. " ,L :'.'....-:., 1\~.,\1.1 " I 1 Karel Advertsiing has ceased. The deadline is 5:00 p.m. Wednesday. You could certainly state for the record you intent at this time... Kubby/ Yes, I think that would be good in case... Karel But it would still appear on the 5/11 agenda and the comment would state.... McDI Okay. Kubbyl If we could do that I think it's a good option to slate it now so that people who were thinking of putting together some information for us and sending it in wouldn't bother spending time doing that if we can decide right now that we are not going to appoint. Court! But what we decide right now would not be binding come the 11th. Gentryl No, because it is not on your agenda and you can't take final action on it. Court! And something unforeseen could happen to change 4 peoples minds if they do want to appoint on the 11th. Now we've told people not to put their applications in, I don't think so. Gentryl I think it has to play out. Started the process. Court! I think we can say it is unlikely that we would but to come right out and say that we are not obligated in any way to fulfill that come the 11th. Noviekl Also this was advertised to be an appointment until the 3rd of November or to whatever the day after election was and it would no longer be an appointment to the 3rd of November so it's in effect false advertising...so we are not following thru on what we originally advertised. Court! That's a new twist. Gentryl But you can't take formal action tonight on this. Novicki I know we can't I'm just saying that it's no longer what it was meant to be. Gentryl I guess that if we wanted to do that we should have put on item 011 the agenda tonight so that... Karrl You couldn't because it wouldn't have negiotated out the action you took last time. Gentryl Right....publication...just have to play itself out... Court! Okay. ,Motion for adjournment.