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HomeMy WebLinkAbout1984-07-03 Bd Comm. minutes2,b(i) MINUTES URBAN ENVIRONMENT AD HOC COMMITTEE THURSDAY, MAY 31, 1984 - 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM "-- MEMBERS PRESENT: Baker, Jordan, McGuire, VanderWoude, Koch, Brinton, Amert, Strait MEMBERS ABSENT: Jakobsen, Lorenzen STAFF PRESENT: Milkman, Franklin, McCormick CALL TO ORDER: Baker called the meeting to order at 7:30 p.m. ORGANIZATIONAL BUSINESS: Baker suggested that since the Committee was a Council subcommittee, he and George Strait be nominated co-chairs. VanderWoude moved to nominate Larry Baker and George Strait as Co -Chairpersons. Jordan seconded the motion. Nominations ceased. The motion carried unanimously (7-0-1); Strait abstained. Franklin requested that the Committee meet during the day. Strait supported the request. The meeting days were set for Tuesday at 4:00 p.m, with the next meeting on June 19, 1984. Agenda packets would be mailed the Friday before each meeting. DISCUSSION OF WORK PROGRAM: Franklin explained that the Committee grew out of a request from Project GREEN to the City Council to identify and preserve fragile environmental areas. As a result of this request, the City Council suggested a committee be formed to look into the problem. The resolution forming the committee states, "this committee is charged...with protecting fragile areas and historic sites." Franklin pointed out that the resolution permitted the Committee to address other issues related to the urban environment and asked whether the Committee wanted to go beyond fragile areas and historic sites. Included in the Commit- tee's packet was a memo listing several design components suggested by the staff for the Committee's consideration. Franklin suggested that the Committee think about the amount of time involved and the initial objectives of the Council resolution since the Committee had only until January 1, 1985 to make a recommendation to the Council. Baker stated that he would like to see the policies ready for the Council by September. Franklin suggested that the Committee decide what issues they wished to address first. She stated that some issues not addressed specifically in the resolu- tion are entranceways to Iowa City, design features of neighborhoods, and a downtown design plan. Additional considerations could be the role of the Design Review Committee now that urban renewal is almost completed. She proposed that initially the Committee address the issues of fragile areas and historical sites and that at the June meeting they be ready to decide if the Committee is interested in other issues. The next step for the Committee would be to define their terms such as what a fragile environmental area is and what the criteria for designation would be. OF PRECEDING DOCUMENT a6C�) MINUTES !_--.----•-+ � URBAN ENVIRONMENT AD HOC COMMITTEE THURSDAY, MAY 31, 1984 - 7:30 P.M. CITY MANAGER'S CONFERENCE ROOM --- - "—'— MEMBERS PRESENT: Baker, Jordan, McGuire, VanderWoude, Koch, Brinton, Amert, Strait MEMBERS ABSENT: Jakobsen, Lorenzen STAFF PRESENT: Milkman, Franklin, McCormick CALL TO ORDER: Baker called the meeting to order at 7:30 p.m. ORGANIZATIONAL BUSINESS: Baker suggested that since the Committee was a Council subcommittee, he and George Strait be nominated co-chairs. VanderWoude moved to nominate Larry Baker and George Strait as Co -Chairpersons. Jordan seconded the motion. Nominations ceased. The motion carried unanimously (7-0-1); Strait abstained. Franklin requested that the Committee meet during the day. Strait supported the request. The meeting days were set for Tuesday at 4:00 p.m, with the next meeting on June 19, 1984. Agenda packets would be mailed the Friday before each meeting. DISCUSSION OF WORK PROGRAM: Franklin explained that the Committee grew out of a request from Project GREEN to the City Council to identify and preserve fragile environmental areas. As a result of this request, the City Council suggested a committee be formed to look into the problem. The resolution forming the committee states, "this committee is charged...with protecting fragile areas and historic sites." Franklin pointed out that the resolution permitted the Committee to address other issues related to the urban environment and asked whether the Committee wanted to go beyond fragile areas and historic sites. Included in the Commit- tee's packet was a memo listing several design components suggested by the staff for the Committee's consideration. Franklin suggested that the Committee think about the amount of time involved and the initial objectives of the Council resolution since the Committee had only until January 1, 1985 to make a recommendation to the Council. Baker stated that he would like to see the policies ready for the Council by September. Franklin suggested that the Committee decide what issues they wished to address first. She stated that some issues not addressed specifically in the resolu- tion are entranceways to Iowa City, design features of neighborhoods, and a downtown design plan. Additional considerations could be the role of the Design Review Committee now that urban renewal is almost completed. She proposed that initially the Committee address the issues of fragile areas and historical sites and that at the June meeting they be ready to decide if the Committee is interested in other issues. The next step for the Committee would be to define their terms such as what a fragile environmental area is and what the criteria for designation would be. URBAN ENVIRONMENT A, OC COMMITTEE ^ MAY 31, 1984 PAGE 2 McGuire stated that she felt it was important to maintain a broad picture to give careful thought to what the policies would be and to insure that imple- menting them would be easy. Franklin brought to the Committee's attention the packet from the 1978 Compre- hensive Plan that included the goals and objectives and policy statements for environmental and land use concerns. Strait moved to incorporate by reference into the Committee's minutes the Project GREEN letter, Resolution No. 84-59, and the work program proposal as guidelines for this Committee. The motion was seconded by ... Koch. The motion passed unanimously. It was determined that the goals for the next meeting would be: 1) to define a fragile environmental area; and 2) to develop a list of issues of concern to the Committee. Baker requested that all members be provided with a copy of the Project GREEN letter, as well as copies of the Comprehensive Plan Vegetation Guide and Landforms Guide. The Committee decided to send a letter inviting Project GREEN members to attend the Urban Environment Ad Hoc Committee meetings. Brinton requested that the Iowa River Corridor Study, created seven to eight years ago, be available for the Committee at the next meeting. Baker requested that the Ames ordinance on neighborhood preservation be made available to the Committee. Jordan moved to adjourn the meeting at 8:30 p.m. The motion was seconded by Koch. Minutes submitted by Colleen McCormick. Approved by: Larry Baker, Co -Chair 1X Charter Review Commission June 11, 1984 Charter Review Commission: June 11, 1984, at 7:30 in the Conference Room at the Civic Center. Chairperson Balmer presiding. Commission Present: Goodwin, Ringgenberg, Welt, Cain, Balmer, Matsumoto, Roberts :45).Absent: Davidson, Mintzer. Staff Present: Berlin, Helling, Karr. Ta e� Recorded: Reel 284, Side 2, 113 -End; 6384, Side 1, 1 -End, Side 2, Chairperson Balmer called the meeting to order at 7:30 p.m. Pat Cain announced her resignation from the Charter Review Commission because she has accepted a position with the City of Iowa City as an Associate Planner. Moved by Ringgenberg, seconded by Welt, to recommend to the City Council that the vacancy created by Cain's resignation be filled by a Charter Review Commis- sion member from the original Commission. Commission members recommended that the first sentence under former Charter Review members overview of the May 30, 1984, Charter Review Commission minutes should be amended to read, "former Commission members (Cain, Davidson, Welt, Ringgenberg) summarized, the charter's preamble and each article." Minutes were approved as amended. Detailed Minutes Balmer said that at the May 30, 1984 meeting, the Commission agreed that there should not be volumes of minutes but issues of importance should be written in more detail. He said that because of the nature of the May 30 meeting, the minutes as written are adequate. Karr asked if meeting minutes should explain each member's position on each issue and if public hearing minutes should virtually be transcriptions. Cain said the original Charter Review minutes from ten years ago were extremely detailed. Karr said that detailed minutes could be accomplished but would take longer to prepare. Karr noted that a concise version is helpful even if more detailed minutes are prepared because the City Council and others are interested in action taken and not necessarily the reasons behind every decision. Balmer said that because audio tapes are kept of meetings, two sets of minutes are not necessary. Cain said the editing of minutes is sometimes necessary to filter vitriolic public input. The Commission agreed that actual transcriptions are not necessary. Summaries of discussions of issues should be included in the minutes and that speakers at public hearings should be encouraged to bring something in writing. Balmer said that highlights of individual Commission members' positions should be included in the minutes. Staffing Balmer noted that there are over 600 organizations in the Library's organiza- tional card file. Karr said that she doesn't have existing personnel to enable her department to make the list by hand. A computerized list won't be available from the library soon enough to help. The organizations are divided by type such as hobby, political, and civic. Cain suggested omitting some organizational categories such as hobby. Karr said that she also will need help on mass mailings. Balmer suggested that Committee members could examine the library's organizations listings and determine which are necessary to contact. Barry Matsumoto and Gary Goodwin agreed to screen the library listings. They will bring the basic categories and appropriate number in each category.to the committee's next meeting for consideration. Balmer suggested public service announcements in are newspapers and radio stations to inform interested people of the public hearing. Berlin said that the space on the back of the City water utility bill is available for announcing the public hearing if enough lead time is given. Review of Existing Charter Preamble Goodwin suggested including a reference to open meetings and to freedom of information in the preamble. Balmer said that the charter already includes a reference to open meetings. This area is already covered by state law and the Charter Review Commission adheres to the law. Cain said Section 2 embodies the concept of freedom of information. Karr pointed out that in her May 9, 1984 memo, she recommended changes in definitions 7 (voter) and 8 (qualified voter) to make them consistent with applicable state codes. Balmer said that the original Charter Review Commission apparently wished to make it difficult to place initiative and referendum issues on the 'ballots and changing the language from voter and qualified voter to qualified elector and eligible elector may make it easier to place issues on the ballot. Karr said that the change should be consistent throughout the charter, and include the initiative and referendum procedures. Balmer said that the City Attorney had not yet given an opinion on whether the language must match the language of the state code. City Attorney referred to the changes as technical changes in his May 23, 1984 memo to the committee. Karr and Balmer said that the state law refers to "eligible voter" and "qualified voter". Karr added that "eligible voter" means they are eligible to vote while "qualified" means they have actually registered. She added that these definitions have caused problems in the past on initiative and referendum issues. Balmer said that he would like to leave the procedure in place for initiative and referendum. Karr noted the procedure would not change, only the terms "eligible elector" would be substituted for "voter" and "qualified elector" substituted for "qualified voter." Cain said that the definition should be changed to reach "elector" rather than "voter" to make the definitions consistent with the state. Welt said that he is not in favor of making changes unless it is absolutely necessary to meet legal requirements. In response to Balmer, Berlin will ask the City Attorney to review the charter in its entirety. Commission members discussed how charter amendments will be submitted to voters. Balmer noted that the City Council could make changes to the charter by ordinance. Commission members agreed to submit major amendments to voters and request only Council action on minimal changes to the charter. Article 1 No discussion. 10101 Article II Cain noted that "qualified voter" should be changed to "qualified elector." No problems were foreseen but legal review was requested. Commission members discussed keeping the three Council districts but allowing only voters from the district to vote for the person from that district. Original Charter Review members commented that the original intent of the charter was that any person elected to the Council should be responsive to the entire community but that citizens in the community would have a specific Council member in their district whom they could easily contact. Cain stated that veto powers by the Mayor (Section 2.06.B) were included in the original charter due to the state law. Commission members requested a legal opinion re removal of the Mayor's veto power from Section 2.06. It was noted that Section 2.08.0 allows for Council discretion and input for the appointment of the city legal staff. Balmer noted that the Airport and Library Boards are in essence appointed by the Council although the state law states that they should be appointed by the Mayor. Cain explained that the state law (372.13) provides for filling Council vacancies and that Council appoints someone to fill the vacancy until the next election. A vacancy occurring in .a specific district needs to be filled from the district when the elections occur. A special election could be held to fill a Council vacancy. Balmer noted that Section 2.11.8 allows the Council to call an election on an issue without receiving a petition. Cain noted that legal staff stated that, although such action is not specifically permitted by state law, it is legal. Cain said that in Section 2.12.A the prohibition for a Council member from holding a renu- merated city office or employment is mean to prevent abuse of, the Council position. Matsumoto said that the only problem with the provision is if a former Council member has a unique skill which would benefit the City. The Charter Review Commission agreed to retain the language. Article III Cain noted that this article closely follows state law. Throughout the article, the word "voters" will be replaced by the word "electors." In response to Balmer, Cain said that the provision for run-off elections in Section 3.02.8 keeps the charter close to the existing state law. City Attorney will review section to be sure it is consistent with current state law. Commission members requested clarification of the need for a run-off election as stated in'Section 3.02.8. Article IV Cain noted that the, only change from state law in this article is the requirement that the City Manager must reside within Iowa City. City Attorney to review. In response to Balmer, Cain said that the termination pay included in Section 4.02.A is not meant to limit the termination pay to only two month's salary if the Council wishes to award more. Balmer said that termination for just cause, for instance commission of a crime, may make termination pay inappropriate. Cain said that such circumstances weren't considered. City Attorney to review. Berlin outlined the terms of his position, saying that it is an agreement rather than a contract. Berlin said that tenyears ago such agreements were rare but now 80-90% of all city manager positions are probably covered by similar agreements. Cain said that Section 4.03 took a long time to discuss and write because of the question of whether the City Manager or the City Council should designate an acting City Manager in case of temporary absence or disability. Cain said that large blocks of Section 4.04 were take directly from state code. Changes were examined by the legal staff. Berlin said that Section 4.04.A, item (10), is antiquated but must remain because it is state law. Commission members proposed to delete "within ten days following the end of each month" and substitute "Provide the Council monthly an itemized written monthly re- port..." from Section 4.04.A, item (10). At Berlin's suggestion, the Commission agreed to leave in 4.04.6, paragraph 3, because, even though the Mayor routinely executes contracts, the City Manager may be called upon to do so. City Attorney to review. Article V Balmer said that although there commissions, and committees, overall regulating this area. Berlin noted most disagreements. Article VI are occasional problems among boards, the charter has done a very good job of that policy matters are the source of Balmer said that this article needs to be changed to agree with state law. Balmer stated that Davidson has previously indicated that there had been an Iowa Supreme Court decision about the constitutionality of the state's campaign finance disclosure act. Cain noted that Jansen's research shows that the court found the act constitutional. The Federal Supreme Court on campaign financing does not apply to this section. Kdrr noted that the charter's policy should be clear to candidates and the Commission needs to consider whether campaign disclosure information should be filed at the city or county level as well as with the state. Matsumoto said that the City's campaign disclosure should be a good law as well as conforming to state law. Cain said that the charter should set specific disclosure rules rather than linking rules to state law because even if the state law eliminates the need for disclosure, Iowa City should maintain it. The charter language can encompass what is currently in both the city and state codes. Meeting Schedule The next Commission meeting will be June 25. Cain will attend that meeting but Balmer asked Berlin to express to the City Council the importance of appointing Cain's replacement as soon as possible, preferably with a member of the original Commission. Meeting adjourned 9:15 p.m.