HomeMy WebLinkAboutInformal minutes of 7/18Informal Council Discussion
July 18, 1988
Informal Council Discussion, July 18, 1988, 6:30 p.m. in the Council
Chambers. Mayor John McDonald presiding. Councilmembers present:
McDonald, Ambrisco, Courtney, Larson, Strait, Horowitz. Absent: Dickson.
Staffinembers present: Atkins, Helling, Timmins, Karr, Rockwell. Tape-
recorded on Reel 88-40, Side 1, 1 -END, Side 2, END -420.
88-40,
Rockwell presented Council with an overhead projection map of the area.
Rockwell stated that the Riverfront Commission held a meeting on July 13,
1988, to discuss Glasgow's proposal to place additional fill west of North
Dubuque Street and south of Taft Speedway. Rockwell reviewed information
contained in her July 14, 1988, memo regarding wetland fill south of Taft
Speedway. Rockwell explained additional information was received from the
U.S. Army Corps of Engineers; the Corps considers the area forested
wetland; and the Corps did not have jurisdiction over forested wetlands
until February 29, 1988. Rockwell stated the Corps considers that it has
no jurisdiction over the area with the existing 30,000 cubic feet of fill
because the fill was placed prior to February 29, 1988.
Larson asked if the U.S. Army Corps of Engineers or City has the authority
to order the fill removed. Rockwell said the contractor does have
permission from the City Engineer to fill on the property. McDonald asked
under what circumstances does the Corps allow wetlands to be filled.
Rockwell said this is the first case of a forested wetland to be handled
by the Corps. Ilorowitz stated that she was in contact with Corps of
Engi near Wayne Hammel. Horowitz said that every piece of wetland has
different degrees of wetland; the Corps did soil bares on this property;
and this property is not considered a wet -wet type of wetland. Horowitz
said the Corps sold a house could be built on the fill in this area.
Rockwell introduced Riverfront Commission member Doug Jones, Riverfront
Commission member Doug Jones presented Council with a map showing the
location of wetlands in the area. Jones summarized his July 18, 1988,
letter to Council. Jones stated that the City could have jurisdiction
over the area because, If there was a two-year hiatus during which no new
filling was done. i;lasgow lost his grandfathzring tliuse fcr the existing
piece of land and the now floodplain ordinance would ap!iy. Strait asked
if the City Attorney should review this informatlon. 1iorowlts said that
staff could ask the DNR what the impact of the two-year hlatus was,
Atkins 1142tilM that th• Cit yy send a latter to the U.S. Army Corps of
Cngineerl contalning Counril's resolution apptov109 tna Army,
Commission's recoawwndallan, is outlined In Rockurll 3 July 14th memo
regarding wetland fill eoeth of Taft Speedway, anti roquesling in opinion
Rs Iq whathor the Citi+ ern ardor the fill removed of 611ere4, IfnrOwitz
asked that intorwatien 110 forwarded to JL1,06, (04"a 1i 4:Ohkurlae chit a
rrSolutior epprr•y!r@ !jo 4ivtrfrq^i Co iC.ioa'k�:iu,w.u�iiJa1'u7 :Pdi :
►npplementary leticr tsa for-,vardod to aha U,S, Army Cotpt of fnginsert.
MINUTES
INFORMAL COUNCIL MINUTES
JULY 18, 1988
PAGE 2
PROCESS FOR FILLING CITY COUNCIL VACANCY: Reel 88-40, Side 1
McDonald explained Council has two options to fill the City Council
position to be vacated by Kate Dickson: 1) to call for a special
election, or 2) by appointment. McDonald stated he favored appointing
someone to the position because the estimated $10,000412,000 cost
associated with holding a special election. Larson noted that anyone can
run for the office and that, with the proper timing, the election could be
held along with the general election in November. Larson said he would be
in favor of appointing someone, but with expectation that a petition would
be filed and an election held in November. In response to McDonald, Karr
stated there are still costs if the election is combined with the general
election. Karr stated that there also would be additional costs if a
primary election would be required. Horowitz asked if a ballot could be
triggered for the remainder of Dickson's term plus four more years. Karr
stated that was not an option. Strait asked for a review of an Iowa Code
provision stating that a runner-up in the previous election shall be
designated as the replacement. Ambrisco stated he supports the idea that
the Council unanimously appoint someone to fill the position. Strait
suggested that. people interested in being appointed to the position should
formally or informally turn their names in to the City Clerk's office.
Ambrisco agreed that the process should be formalized.
Council agreed to fill the position that would be vacated by Kate Dickson
by appointment. Council discussed the application procedures. Karr
stated that a letter of interest could be submitted to the City Clerk's
office. Horowitz suggested that the Boards and Commissions application
form be utilized. In response to McDonald, Karr stated the puhlic notice
could be published Immediately, but the official notice would need to be
published when the effective date of vacancy is known,
Council received public Input from Loret Mast speaking in opposition to
filling the vicanty by appointment,
Atkins su gsstsd that the public notice state the means by which people
express the Interest to fill the Council position, Council agreed with
Atkins' sug ettinn that council consider it one page letter of expression
from lndlviguils Interested in serving on the City Council.
Karr distributed copies of sections of the State Code and referred
Councilmembers to Sections 39.2, 69.13, 362.3, 776.1, and 312.13. Larson
noted that infortratien in Section 69,11 may not be epplirW @ and noted
that Section also deals with Councilmembor Strait's dwsiion re appointing
the runner-up, iaweins noted that Saction 372.1) rcforeneed Section
i
69.{2.
MINUTES
INFORMAL COUNCIL MINUTES
JULY 18, 1988
PAGE 3
COUNCIL TIME/AGENDA: Reel 88-40, Side 2
,
1. Council discussed their meeting schedule. McDonald recommended
return to Council's fall schedule and schedule an informal meeting
for Monday, July 25, at 6:30 p.m., and continue scheduling Monday
night informals. Council agreed.
2. Horowitz inquired about the National League of Cities meeting to be
held in Boston in December. McDonald said it was unwritten policy
! that only the Mayor and two Councilmembers attend the National League
of Cities meeting. McDonald suggested that policy be expanded to
i allow all interested Councilmembers to attend the meeting. McDonald
asked council to contact Lorraine regarding reservations for the
1 upcoming National League of Cities meeting.
3. Ambrisco announced a Southeast Iowa League of Municipalities meeting
is scheduled for Wednesday, July 20, at Chariton.
4, McDonald announced a meeting, sponsored by the Iowa League of
Municipalities, is scheduled August 11, 1988, 7:00.8:30 p.m., in
! Cedar Falls to discuss potential issues for the upcoming legislative
session.
The meeting adjourned at 7:45 p.m.