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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.