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HomeMy WebLinkAbout1984-12-04 Bd Comm. minutesMINUTES PARKS AND RECREATION COMMISSION NOVEMBER 14, 1984 MEMBERS PRESENT: Riddle, Steinbrech, Willis, Martin, Jennings MEMBERS ABSENT: Mitchell, Alvarez, Crum, Jordison STAFF PRESENT: Cassady, Howell, Harvey, Coffin, Ertz, Manning GUESTS PRESENT: Anne Glenister, Project GREEN; Karen Hradek; Penny Hall, 722 Alpine Drive, Iowa City Community Theatre; Mona Shaw, 710 Westgate, Iowa City Community Theatre; Charles Ruppert, 1406 Old Dubuque Road; Paul McCoy, 31 Brookfield; Judith Hurtig, 305 Windsor, Iowa City -Johnson County Arts Council. RECOMMENDATIONS TO THE CITY COUNCIL Moved by Willis, seconded by Jennings, that the City Council provide directives to the Commission concerning the expansion of the Commission's role in regard to arts councils toward which the Commission is favorably disposed. Unanimous. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN Rick Ertz and Cindy Coffin, job -sharing program supervisors for Special Popula- tions Involvement, presented the slide presentation that was submitted for the National Gold Medal Award. Moved by Riddle, seconded by Steinbrech, that the Parks and Recreation Commission is tremendously proud of the job that staff has done, as well as the award winning presentation. Unanimous. COMMITTEE REPORTS Willis reported that the Riverfront Commission is pursuing the question of regulating ski events on the Iowa River. The Attorney General's opinion that the City cannot regulate this type of activity is incorrect and the Riverfront Commission plans to address it. Willis reported that the Riverfront Commission and the Corps of Engineers are continuing work on a set of questions and answers which will answer concerns of people living along the reservoir. CHAIRMAN'S REPORT Riddle reported that staff, Lee Copenhaver and Steve West --Iowa City Community Band, and several Commission members had toured five parks on November 7 to determine a location for the proposed band shell. Upper City Park, at a site located between the swimming pool and road, is an ideal location. No trees would have to be removed, there is open space for seating, proper slope so people could be seated on blankets, ample shade, a shelter for the handicapped and elderly, electricity, as well as restroom facilities. The music would be directed toward Lower City Park residential areas. aa.sa of PRECEDING DOCUMENT MINUTES PARKS AND RECREATION COMMISSION NOVEMBER 14, 1984 MEMBERS PRESENT: Riddle, Steinbrech, Willis, Martin, Jennings MEMBERS ABSENT: Mitchell, Alvarez, Crum, Jordison STAFF PRESENT: Cassady, Howell, Harvey, Coffin, Ertz, Manning GUESTS PRESENT: Anne Glenister, Project GREEN; Karen Hradek; Penny Hall, 722 Alpine Drive, Iowa City Community Theatre; Mona Shaw, 710 Westgate, Iowa City Coivnunity Theatre; Charles Ruppert, 1406 Old Dubuque Road; Paul McCoy, 31 Brookfield; Judith Hurtig, 305 Windsor, Iowa City -Johnson County Arts Council. RECOMMENDATIONS TO THE CITY COUNCIL Moved by Willis, seconded by Jennings, that the City Council provide directives to the Commission concerning the expansion of the Commission's role in regard to arts councils toward which the Conmission is favorably disposed. Unanimous. SUMMARY OF DISCUSSION AND FORMAL ACTION TAKEN Rick Ertz and Cindy Coffin, job -sharing program supervisors for Special Popula- tions Involvement, presented the slide presentation that was submitted for the National Gold Medal Award. Moved by Riddle, seconded by Steinbrech, that the Parks and Recreation Commission is tremendously proud of the job that staff has done, as well as the award winning presentation. Unanimous. COMMITTEE REPORTS Willis reported that the Riverfront Commission is pursuing the question of regulating ski events on the Iowa River. The Attorney General's opinion that the City cannot regulate this type of activity is incorrect and the Riverfront Commission plans to address it. Willis reported that the Riverfront Commission and the Corps of Engineers are continuing work on a set of questions and answers which will answer concerns of people living along the reservoir. CHAIRMAN'S REPORT Riddle reported that staff, Lee Copenhaver and Steve West --Iowa City Community Band, and several Commission members had toured five parks on November 7 to determine a location for the proposed band shell. Upper City Park, at a site located between the swimming pool and road, is an ideal location. No trees would have to be removed, there is open space for seating, proper slope so people could be seated on blankets, ample shade, a shelter for the handicapped and elderly, electricity, as well as restroom facilities. The music would be directed toward Lower City Park residential areas. aa;,SO MINUTES - PARKS AND RECREATION COMMISSION NOVEMBER 14, 1984 PAGE 2 CHAIRMAN'S REPORT (Continued) Steinbrech asked what effect noise from the pool would have on performances, and Riddle answered that Copenhaver and West had said there would be no direct effect. Steinbrech said the structure would probably have dark and hidden areas, inviting transients and vandalism, and the structure should have security lighting. Park security should be able to patrol the area, considering its proximity to the pool. He added that he had talked to people and they had expressed that City Park is an ideal location. Willis said he had talked to people and had received an off the record comment that the University may be interested. Riddle said that Copenhaver and West would be pursuing funding and interest. Riddle reported that the City Council is still discussing mandatory parkland dedication and have mixed viewpoints on approach. Riddle reported that the swimming pool is on hold, until the School Board has made a decision. They have set up a committee that will report by January 7th. Willis asked about the two pool proposal and Riddle said this would be addressed in the January report. Riddle added that the City budget request was increased from $1.25 million to $2.5 million. Cassady reported that Ryerson's Woods is being surveyed for platting and final details should be completed within the month. Arrangements are being made with the County and Department of Transportation for access and parking. Karen Hradek reported that the City Council will announce approval of CCN funding on November 20. DIRECTOR'S REPORT Cassady reported on Halloween activities, including attendance of over 700 children in the Halloween parade. The City has been awarded the fitness assessment contract for evaluating fitness vels and counseling revenue producing, andethehdepartmentnisfanticior patig employees. program will pproachingprivate be corporations to implement fitness assessments for their employees. Cassady reported that representatives of Project GREEN, the City Forester, a representative from Northwestern Mutual, and the City Manager and City Council had reached an agreement on the Bradford Pear trees at 330 E. Washington. Northwestern Mutual will donate funds for plantings to replace the trees and Project GREEN will maintain them. PUBLIC DISCUSSION Judith Hurtig, President, Iowa City -Johnson County Arts Council, gave an over- view of the Art Council's purpose and activities. They are a volunteer organi- zation, but don't have the volunteers they have had in the past. They need a part-time staff person to coordinate publicity to make the Arts Council more visible to the community. The total budget is funded by membership dues, fund raising, or grants from the Iowa Jobs Commission and the Iowa Arts Council. as 5o MINUTES - PARKS AND RECREATION COMMISSION NOVEMBER 14, 1984 PAGE 3 The Iowa Arts Council has provided funding for years, but has informed them that they are no longer capable of funding general operating expenses. Willis asked the amount of funding being requested, and Mrs. Hurtig answered $5,040 for salary, $2,000 for publicity, and $2,000 for speakers and performers. Chairman Riddle told Mrs. Hurtig that there are no additional monies in the Parks and Recreation budget to support the request, and that she should approach the City Council. Paul McCoy presented designs for the sculpture he wishes to donate to the City for Hickory Hill Park. Mr. McCoy, Commission members, and staff discussed the sculpture, including possible vandalism and liability. Moved by Steinbrech, seconded by Martin, that Mr. McCoy be allowed to proceed with his artistic concept in Hickory Hill Park. Unanimous. Moved by Steinbrech, seconded by Jennings, that the minutes of the October 9 meeting be approved as written. Unanimous. Penny Hall, Vice President, and Mona Shaw, General Manager, Iowa City Community Theatre, stated that the theatre has a projected 1984 deficit of $1,000. They have a total debt of $36,000 which has accumulated over a period of five to six years, and are requesting that the City subsidize them in an amount of $50 to $50,000. She added that they have cut $32,000 from their 1984 budget. It would also be helpful if their staff could be included in the City's insurance policy. Ms. Shaw said that it is not uncommon for cities to subsidize community theatres -- Waterloo, Des Moines, and Cedar Rapids are subsidized. She said that the theatre has coordinated activities and cooperated in numerous ways with the Recreation Division. Cassady said that the Recreation Division is now conducting Children's Theatre, providing a centrally located ticket sales office at the Recreation Division office, providing rooms for rehearsals and try -outs, and have provided lighting for productions. The Recreation Division feels that the Community Theatre is a very important asset to the community and will assist in every way it can in the future. Anne Glenister stressed that the theatre must have more visibility and must personally ask for donations. She suggested that the theatre staff should attempt to attain mutual benefit with the School Board and private organizations before approaching the City Council. Riddle asked if the Iowa Arts Council had been approached and Mrs. Hall said they had, however, theatre groups are not generously funded. They have been funded in the past, but were dropped from funding last year. They have also applied for mini -grants, but have not received funding; Their best success has been through service organizations. Chairman Riddle asked Mrs. Hall and Ms. Shaw to prepare a proposal that can be submitted to the City Council. 4A5O MINUTES - PARKS AND RECREAHON COMMISSION NOVEMBER 14, 1984 PAGE 4 Moved by Willis, seconded by Jennings, that the City Council provide directives to the Commission concerning the expansion of the Commission's role in regard to arts councils toward which the Commission is favorably disposed. Unanimous. Moved by Steinbrech, seconded by Martin, to adjourn at 9:00 p.m. ,.-, ,.-J( / i MINUTES RIVERFRONT COMMISSION NOVEMBER 7, 1984 - 7:30 P.M. IOWA CITY TRANSIT BUILDING CONFERENCE ROOM MEMBERS PRESENT: Boutelle, Daley, Gerleman, Leo, Lewis, McGuire (arrived 7:40 P.M.), Rausch, Scott, Willis MEMBERS ABSENT: Oehmke, Swedish -Moses GUESTS PRESENT: Kay Gillies STAFF PRESENT: Cain, Allen RECOMMENDATIONS TO COUNCIL None. CALL TO ORDER Chairperson Lewis called the meeting to order at 7:35 P.M. Lewis intro- duced Jim Daley, the new Commission member. REVIEW AND APPROVAL OF MINUTES OF OCTOBER •31 1984 Scott suggested changing October 3, 1984 minutes on page 2, first para- graph to read: "provided by the Corps of Engineers." He also noted that under Commissioner's Report, "broken concrete" should be the first reference to rip -rap materials. Scott moved to approve the minutes of October 3, 1984 as corrected. Gerlemen seconded the motion. The motion carried unanimously. DISCUSSION OF DISTRIBUTION OF U.S. ARMY CORPS OF ENGINEERS INFORMATION Cain noted that she edited the answers to the questions discussed at the last Commission meeting and sent them to the Corps, stating that the Commission did want to use them to distribute to property owners and as a basis for newspaper articles. She has not received a response from the Corps. Cain also spoke with a person at the Press -Citizen who said the paper could be interested in an article on the operation of the dam for publication in the spring. Lewis said she thought the general consensus was that everyone was very satisfied regarding the meeting with the Corps in Rock Island. Leo asked if each member would receive a copy of the letter to the Corps. Cain replied that she would like to wait until she receives the Corps' comments before she distributes copies. Boutelle discussed siltation within the Reservoir, stating the main it didionotashaveu arenett the effect tapering i sgof the ignificantlytred reduof cing Reservoir, flood stoso age capacity of the Reservoir through 1974. Scott said an additional 10 years could make a difference and asked that the Commission request the latest data on participant siltation theoriver)has Boutelle inobelowtthe the dm public r and the damhearing one has changed and slowed the flow. a,q sI MINUTES RIVERFRONT COMMISSION NOVEMBER 7, 1984 PAGE 2 Daley said he has some question about the accuracy of the Corps' numbers, for example a release of 8,000 cfs on one day and 8,000 cfs on the next is not the same as measured at his property. Lewis said the Commission should ask the Corps if there has been any study of siltation below the dam. Rausch said it would also be interesting to know if the COE would modify their operating schedule to accommodate generation of electricity at one of the downstream dams. ADOPTION OF GOALS AND OBJECTIVES FOR FY86 Lewis said around December 3 the City Council will meet with the Board and Commission Chairpersons and may discuss goals and objectives then. The goal statement from last year was discussed and Cain said she would make the following suggested changes under Division Objectives: 1) eliminate "to the extent possible" in number 1 and place a period after river; 2) add the words "and use" after "maintenance" in number 2; 3) change "actively pursue increased legal ability for 'the City of Iowa City to "actively pursue local control of activities on the Iowa River." Under Division Analysis, the following changes will be made: 1) eliminate "for land acquisition and trail construction," and place a period after "funds." Change "completion of objectives" to "achieving the objectives." Strike "however" in the second sentence, and change "continually stresses" to "continuously encourages." Reverse sentence one and sentence two. Willis moved to adopt the goals and objectives as modified, and Scott seconded the motion. The motion carried unanimously. PUBLIC DISCUSSION Kay Gillies said members of Project Green have been walking along the riverbank and noted that the Sturgis Corner fill has covered the bottom of many trees along the river; she asked who would do something about that. Cain wi11 check the plat to see ff the developers have done what they said they would do or if they have encroached on the flood plain, She will report back to the Commission and notify Project Green. Boutelle asked about a study underway about redefining the duties of the Parks and Recreation Department. Willis said this is required anytime a major position (i.e. Director of Parks and Recreation) becomes vacant. He said no significant functional changes are usually made. Cain stated she had talked to the City Engineer about making rip -rap available to property owners along the riverbank. She said that material suitable for rip -rap was not dumped in the landfill but was usually placed along City -owned riverbanTc areas. She mentioned that there have been complaints when the City has put the material on private property. Scott said the Commission should encourage continued use of such material on City -owned riverfront property. Cain distributed an article about riverfront development along the Maumee River in Toledo. o?as/ MINUTES RIVERFRONT COMMISSION NOVEMBER 7, 1984 PAGE 3 COMMISSIONERS' REPORTS McGuire reported on the Urban Environment, Ad Hoc Committee. She said she felt is that as a result of the Committee's work there may be a screening process for developers to go through before actual development takes place on environmentally sensitive areas. McGuire said development would not be prevented but the developer would have to be aware of certain kinds of construction and landscaping for these areas. She encouraged Commission members to contribute suggestions for a list of designated sensitive areas within Iowa City and asked that Commission members receive copies of the recommendations that will be sent to the City Council on November 19. Willis reported that the Parks and Recreation Commission is trying to find a location for the City band shell and welcomed location suggestions. College Green Park was discussed but Willis said it has parking problems. Lower City Park and Upper City Park were also discussed as sites. ADJOURN Rausch moved to adjourn the meeting and Scott seconded. The meeting was adjourned at 9:25 P.M. ams/ Charter Review Commission October '29, 1984 Charter Review Commission: October 29, 1984, 7:30 p.m. in the Council Chambers a e 7i—c enter. Chairperson Balmer presiding. Commission Present: Mintzer, Goodwin, Balmer, Davidsen, Matsumoto, Roberts, Ringgenberg. sent: Welt, Baldus. Staff Present: Karr, Helling, Smith. Ta e -recorded: Reel 9-84, Side 1, 132 -End, Side 2, all, Reel 10-84, Side 1, Chairperson Balmer called the meeting to order at 7:30 p.m. The minutes of the October 15; 1984, meeting were approved as read. DISTRICTING: Roberts suggested four district representatives and three at -large represen- tatives and that districts should be able to vote for their own representa- tive and not be elected by the entire city. Roberts raised concerns that a person favored by a district may actually win in that district and not be elected in the general election by the whole city and that persons elected to represent a district may actually move into that district to qualify. Goodwin suggested establishing a residency time requirement a person must live within a district to be elected as a representative of that district. Balmer said he is in favor of retaining the currently used districting system. Ringgenberg stated the Charter Review Commission needs to analyze district representatives vs. at -large representation, confusion by the voters, and the concept that a vote is given more weight when a voter only votes for one person. Davidsen said the Commission needs to consider the solidity and population make-up of the districts. Matsumoto inquired about the impact of geographic issues (such as land use and the allocation of municipal services) on Council voting. Balmer said that councils have. looked at issues in broad community terms although specific neighborhood concerns exist. In response to Roberts, Ringgenberg explained the original charter was set up to insure representation for every part of Iowa City. Mintzer said the present districting neglects the student constituency. Balmer and Matsumoto felt the present system does not disen- franchise students. Davidsen noted that the present districting does not seem to impact voting issues that come before the Council and that societal issues have more of an impact on Council voting. Mintzer reviewed Charter Art. VIII and stated that several amendments can be put an the ballot. Karr noted that several questions re the Charter could appear on the ballot but they should be grouped to avoid a question passing that was dependent on another question which did not. Karr noted that Boyle's September 27 memo recommended additional language to clarify districting. Balmer said the Charter Review Commission will further discuss districting once public input is received. �aSo2. Charter Review Commission October 29, 1984 Page 2 CAMPAIGN CONTRIBUTIONS: Mintzer reviewed the different campaign contribution regulations of the State Code, City ordinance, and Charter. Mintzer said the Charter should contain limitations on contributions, disclosure requirements, and enforcement of the limitation and disclosure requirements. The disclosure requirements would tell if the limitations are being followed, inform the public about the candidates, and deter actual corruption. Mintzer supports a full disclosure policy. Enforcement would make sure the disclosure and limitation require- ments are followed and would gain public trust. Mintzer suggested that pre-election disclosure could be enforced by not allowing a name on the ballot if there were disclosure violations by that person. Balmer said that punishment should fit the crime. Balmer inquired if it would be legal to remove a name from a ballot if there were disclosure violations. Balmer said a disclosure statement should be in the Charter but addressed as it is being handled now and in conformance with State law. Davidsen said that she doesn't agree with the City Attorney's recommendation to delete Charter 6.02 requiring disclosure statements. Mintzer said disclosures could be handled in a variety of ways, including filing only with the State, filing with the State and City, filing with the City and the City could forward the disclosure information to the State, and/or the City could use the same forms as the State uses. If the City requires more information (such as requiring disclosure of $10 and above), you could file the addi- tional information in a State filing and the City would have access to that information. Balmer felt dollar amounts should not be stated in the Charter but should be left to Council discretion. Davidsen explained that dollar amounts were not in the original Charter because they would become out of date due to inflation and the Charter was meant to 'provide guidelines to the City Council. Mintzer said that setting a minimum disclosure amount would still allow the Council some flexibility. Ringgenberg said there is an element of trust with regard to fulfilling the disclosure requirements. Matsumoto said if the City is going to have independent sanctions apart from the State, the City will have to have their own substantive regulations. There could be a problem of pre-emption if the City goes to a more stringent sanction or disclosure structure. Matsumoto said it is important to have an independent regulating structure with an independent 'sanction structure. Davidsen reviewed the State penalties for violations: misdemeanor, fines, or removal from office. Mintzer said there has to be a conviction of a viola- tion of Chapter 56 of the State Code for there to be a removal from office. State Code Chapter 66, Section 7, lists what action can cause a person to be removed from office. Mintzer said the Charter should contain a disclosure .policy and enforcement penalties. The penalties could be forfeiture of an amount in addition to the limitation with an additional fine. Mintzer said there could also be prosecution under State law. Mintzer said the Charter Review Commission needs to consider what the penalty should be for violations of the limitations and disclosure requirements. Matsumoto said the City can't tack penalties for failure to disclose onto State laws. The City needs an independent pre-election disclosure requirement. The withdrawal of a name on the ballot would be an incentive to get the disclosure statement in on time. Matsumoto said a municipal disclosure date may need to be required a�S.2. Charter Review Co. ssion October 29, 1984 Page 3 sooner than the five day State requirement to allow time to actually remove a name from the ballot. Davidsen said that post election disclosure is more important. Mintzer said that disclosure could be tied to the nominating process - disclosure requirements must be met to become an official candi- date. Mintzer said it is important to get full disclosure before the elec- tion. Matsumoto suggested imposing heavy fines as an incentive to disclo- sure. Balmer said the Commission will continue discussing campaign contributions at the next meeting and asked Charter Review Commission members and City staff to submit written recommendations for alternatives. Ringgenberg suggested contacting other municipalities about their campaign contribution policies. INITIATIVE AND REFERENDUM: Balmer said the validation of signatures by the City Clerk's office insulates the process from court challenges. Matsumoto said he is inclined to go with a more simplified structure. Mintzer suggested using draft 81 but removing Section E (Court Review). Karr stated Court Review is currently in the Charter 7.04C. The Charter Review Commission agreed to continue with the present language amended by the additional day requirements per staff request. MEETINGS: Commission members agreed that the current seating arrangement in the Chambers is suitable for the roundtable discussion scheduled November 12th. Balmer will make introductory remarks at the roundtable discussion, the Commission will receive public input, and the Commission will hold a brief discussion. Karr said there have not been any written responses submitted. Balmer said he has been in contact with the newspapers and KCJJ regarding the Charter Review Commission meetings. Balmer stated that the formal public hearing scheduled November 26 will be cablecast and he would send a letter to the editor to area newspapers. The Commission will make final decisions about the Charter after the public hearing. Davidsen gave Balmer a sample handout that could be used by the Charter Review Commission. Roberts suggested a statement of issues should be distributed to the public at the public hearing. Ringgenberg requested the minutes be an outline of the comments received at the public hearing and not a transcript. Balmer will work the clerk re these items. Helling said that a statement of the issues could be run on cable TV commu- nity channel prior to the public hearing meeting. The next meeting is scheduled for November, 12, 1984. The meeting adjourned at 9:25 p.m. ,?,7,57.?_ MINUTES CHARTER REVIEW COMMISSION NOVEMBER 12, 1984 Charter Review Commission: November 12, 1984, 7:35 PM in the Council Chambers at the Civic Center, Chairperson Balmer presiding. COMMISSION PRESENT: Mintzer, Goodwin, Balmer, Matsumoto, Welt, Baldus COMMISSION ABSENT: Davidsen, Roberts, Ringgenberg STAFF PRESENT: Karr, Smith, Boyle (8:40 PM), Melling (8:50 PM). Tape recorded: Reel 10-84, Side 1, 339 -End, Side 2, All, Reel 11-84, Side 1, All. Chairperson Balmer called the meeting to order' at 7:35 PM. Balmer reviewed the October 15, 1984 Charter Review Commission meeting. Karr stated that she had contacted the League of Municipalities regarding campaign contri- butions. The League said that there are only two other cities in the State ` of Iowa with home rule charters and neither charter addresses campaign disclosure. Commission members agreed that the October 15, 1984 Charter Review Commission minutes, page 3, Initiative and Referendum, should be amended to read 'The Charter Review Commission agreed to continue with the present language amended by the additional day requirements per staff request." The October 15, 1984 minutes were approved as amended. No one appeared for the roundtable discussion/public hearing. Balmer said he announced the Charter Review Commission public hearing and activities on KCJJ, wrote a letter to the editor of the Press -Citizen, and will be interviewed on the Dottie Ray Show. A Charter Review Commission announcement is on the back of water billings. Karr reported that no written responses have been received from the 125 letters sent. In response to Welt, Balmer said the current districting has worked the way the original Charter Review Commission envisioned, although there may be problems with the residency requirement. Commission members discussed how and when charter amendments should be submitted to the voters. Mintzer noted that charter section 8.02 states "The Council shall submit such amendments to the voters in the form prescribed by the Commission..." Baldus said there would be more voter participation and less cost if amendments were submitted in a general election. Karr said elections cost an estimated $10,000. Baldus said districting should be on the ballot to allow people to make a choice to retain the current provision or change it. Baldus explained the original charter was voted on by subsections rather than in its entirety. Goodwin requested a copy of the ballot for the original charter. Karr explained that any recommendations from the Charter Review Commission must go to the voters on the ballot and administrative changes from the City erk's offce can btakn care of innager 'house.Legal Mintzeraasked thow /changes and Cityin 1Mayor's veto powers, thee efiling of referendum petitions, and submitting amendments will be handled. Balmer said the Mayor's veto power should be a housekeeping change because it a�7.sz CHARTER REVIEW COMMISSION NOVEMBER 12, 1984 PAGE 2 conflicted with State law. Mintzer suggested amending charter Article VIII to allow the Charter Review Commission to send recommended actions to the City Council for adoption and if the Council doesn't enact within 30 days, it would go to the voters,. Mintzer said that the Charter Review Commission could ask the Council to enact the suggested provisions soon to allow changes to be made by the Council without going through administra- tive recommendations. Baldus said the current system works well and that only issues that people can identify with and understand should go on the ballot. Balmer requested the City Attorney develop language in Charter article section 8.02 allowing Council adoption of recommended technical changes from the Charter Review Commission. Welt said voters should be allowed to vote on districting. Balmer said it is important how it is worded on the ballot. Baldus said people should be given two options: voting to retain the present system or voting to elect Council members from within each district. Welt noted that the original Charter Review Commission thought the present districting system would give students better representation than a ward system. Welt said he couldn't suggest any changes to the present initiative and referendum provisions because there have not been any problems. In response to Mintzer, Balmer said a recommendation for validation of signatures, allowing the City Council to adopt additional measures, will be forwarded to the City Council. Baldus said the issue is whether or not students are disenfranchised by having too stringent requirements for validation of signatures. Baldus said the issue should be resolved by a technical amendment. Karr noted that a September 27 memo had recommended language for charter article section 7.03.8 that was amended by the Charter Review Commission to read "Signatures shall be deemed valid unless it is illegible or is not genuine and not voluntarily and knowingly executed." Karr said illegibility becomes a problem when the name cannot be read but the address can be read. Also, there are problems if the voters have moved'. Baldus said provisions should not be too restrictive. Baldus asked if a signature is valid if a person omits any part of the requested information. Balmer said additional information should be used only if a signature cannot be validated with the information available. Baldus recommended inserting "request" in place of "require" inthe 9/27 memo re charter article section 7.03.B. Mintzer suggested requiring the petition form to have spaces for signature, address, date and any other information needed for validity of signatures.. Baldus suggested adding a provision that failure to provide such information shall not be in itself a basis for invalidating the signature. Mintzer suggested that only a minimum match of information (such as name and address) is needed to validate a signature. The Charter Review Commission agreed to change "require" to "request" in the 9/27memo re charter article section 7.03.8 and will continue to consider initiative and referendum as a potential ballot issue. Balmer said the three issues are districting, initiative and referendum, and campaign contributions. Regarding campaign contributions, Balmer said charter article section 6.01 should be retained and there should be an aas� CHARTER REVIEW COMMISSION NOVEMBER 12, 1984 PAGE 3 acknowledgement of disclosure in article section 6.02. Asst. City Atty. Boyle will provide the Charter Review Commission with alternative language for 6.01. Baldus said the public should be informed about the proposals that may be placed on the ballot to stimulate input about the issues. Karr said the three issues were included in the letters that were sent out. Asst. City Atty.-Boyle arrived 8:40 p.m. Boyle said that changing "shall" to "may" in the first line of charter article section 6.02 would bring the present ordinance into compliance and give Council direction. Boyle explained that "shall" imposes a duty and "may" confers a power. Balmer suggested stipulating that disclosure requirements are no less than State law. Karr was informed by the elections office that ballots are sent to the printers one day after the filing deadline. Changes in the ballots incur additional costs. Boyle noted that absentee ballots create problems in the timing of changing ballots. In response to Balmer, Boyle stated that the present charter article 6.04 is allowable although not strictly in accordance with State law. Boyle stated that if a person is convicted of the contribution limitations under State law, that person could lose their rights to serve on the Council. Balmer requested a recommendation from Boyle about rewording article section 6.04. Matsumoto noted that State Code 66.29 provides that Council can remove a City official for violation of State law. Boyle said the issue is whether the Council can remove a City official for violation of a City ordinance. Mintzer said he is not happy with the present article 6 and that a provision could be added that states the City by ordinance shall have some disclosure requirements on contributions and expenditures. Balmer said the importance of disclosure should be acknowledged in the charter. Baldus said that if the Charter Review Commission thinks the State law is adequate, the disclosure provision should be removed. Balmer noted that there was a consensus on the City Council regarding the amounts of disclosure. Mintzer said there should be a disclosure requirement if there is a unique limitation and once you have a disclosure statement, you need to have a penalty. Balmer said that there hasn't been any problems and the State requirements are very exactive. In response to Goodwin, Baldus said the original Charter Review Conmission voted on what issues should go on the ballot. Baldus said that each district should decide for itself if they want district representation and it is extremely important that students feel they are represented by the local government. The next meeting will be the formal public hearing on November 26 and will be cable broadcast. Meeting adjourned at 9:10 P.M. a 175.2 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 15, 1984 4:00 PM ADMINISTRATIVE CONFERENCE ROOM MEMBERS PRESENT: Bovbjerg, Cavitt, Drum, Grimes, Pegnetter, Willis, Zastrow MEMBERS ABSENT: Gritsch, Lyman STAFF PRESENT: Eggers, Tiffany, Jehle, Craig, Spaziani OTHERS PRESENT: Pat Forsythe, Foundation Coordinator; Tom Carlson President Cavitt called the meeting to order at 4:05 PM. Minutes of the October 25, Regular Meeting were approved. Zastrow/Drum. The Board reviewed the 30 year report on the Myron J. Walker Trust Fund. Disburse- ments of November 1, 1984 were approved. Willis/Zastrow. The Director reported on the following: 1. In 30 years the library's small share (5%) of income from the Myron J. Walker Trust has provided over $42,000 to the Gifts and Bequests Fund. We are now averaging about $3,000 a year. 2. The FY86 budget proposal has been reviewed by the Finance Director. The City Manager review will probably be held the first week in December. 3. The Information Department is in the process of converting the library's Associations File to a microcomputer file that can be searched by subject and key word and printed --in part or entirety. This has been a long-time goal of the library and will make the file a much more valuable and useful resource for the community. Keeping these records complete and up-to-date has been a major task of this department for many years. John Hiett, Information Librarian, is directing this project. Eggers reported that smoking in the library's public lounge continues to be a topic of concern to many library users (especially non-smokers). Because the lounge is the only place in the library where smoking is permitted, the staff is re uctant to change the rule. Board members discussed it informally and decided to make a decision later in the year when the general policy on smoking and eating and drinking is considered. 4. The joint ICPL/U of I Library Committee has now had two meetings --we feel much is being accomplished. The minutes and letters from this group, included in this month's Board packet, demonstrate the type and range of issues being discussed. 5. We received notification this week that Heritage has agreed to the new terms of the revised lease with the Library. They will forward the lease to ATC/Hawkeye for their signature and then the Library WRS3 MINUTES IOWA CITY PUBLIC LIBRARY BOARD OF TRUSTEES REGULAR MEETING NOVEMBER 15, 1984 4:00 PH ADMINISTRATIVE CONFERENCE ROOM PAGE 2 Board can sign the consent to the assignment of the lease to Heritage. The President reviewed with the Board the subjects she will cover at the annual meeting of the City Council with heads of all City Boards and Commissioners. Willis reported on the November meeting of the Foundation, which made decisions about the 1984-1985 and 1985-1986 annual fund drives. They also developed agenda ideas for the joint meeting of FRIENDS, FOUNDATION and Library Board on January 23 and discussed ideas for improving the public relations efforts of the Library. The remainder of,the meeting was spent in informal discussion of the plans for the development of an endowment fund by the Foundation. Cavitt asked the Board to reassess their commitment for this project and to discuss in more detail the need for and uses of such a fund. Eggers reviewed the history of the idea and provided some data on the budget, and service, trends and accomplishments of the past 10 years as a method to get everyone discussing the financial and service needs and projections for the next 10 years. It was decided that someone to help staff develop projections would be useful. Pegnetter will try to identify someone. Problems facing the library now and the reasons for wanting to further supplement public money with gifts and grants were reviewed. It was generally agreed that needs centered around 4 issues: Provide enough resources to improve library, not just "keep up." Avoid user fees Respond to new technological and information needs Maintain library's leadership position because of the economic and educational benefit to the community Willis, Grimes and Drum volunteered to work on a committee with staff to work on the statement. It was suggested that a draft of the statement could be reviewed at the January 23 joint meeting. Meeting adjourned at 5:30 PM. golly gger ;Joan ei e, Recor er Note: The next regular fleeting of he Iowa City Public Library Board of Trustees will be on Thursday, December 20, 1984 in the Library's Administrative Conference Room. aria MINUTES IOWA CITY AIRPORT COMMISSION NOVEMBER 8, 1984 IOWA CITY CIVIC CENTER MEMBERS PRESENT: Schmeiser, Tiffany, Saeugling, George, Lewis STAFF PRESENT: Lehr, Brown GUESTS PRESENT: B. Holder, 0. Houston, P. Leff, W. Overman, G. Griffin, J. Griffin Meeting was called to order at 7:35 P.M. The minutes of the October 25, 1984 meeting were approved as read. Lehr presented the November 1984 estimateZofr$4,�000�ned The he vasiliht bills we re approved relocation for payments asebudget presented. Airport Compliance Prosect/H R Green Co. Engineering Agreement Lehr reported that the engineering agreement with H. R Green Co is still being developed and is not ready for signature. Self-ServicingStandards Lehr said he has not received a response from t e regar ng the se f -servicing standards. Commission members agreed with George's recommendation to wait to take action on the self -servicing standards until a letter is received from the FAA. In response to Houston, Lehr said the title could be changed to read "Standards for Fueling/Servicing Operations". Proposed Corporate Hangar Lease with Hansen Lind Meyer, P.C. Schmeiser declared the public hearing open on the HLM corporate hangar lease. P. Leff commented that the lease is in the form as negotiated with City Assistant Attorney Brown. No other input was received. Schmeiser declared the. public hearing closed. Moved by Sauegling, seconded by George, to authorize the chairperson to execute and the secretary to attest to the corporate hangar lease between the Iowa City Airport Commission and Hansen Lind Meyer, P.C. Commission members discussed the lease. Schmeiser summarized changes incorporated into the final draft of the lease. HLM will pay a monthly rental fee of 1% of the costs allocated to HLM per month plus $150; and assume responsibility for the interior maintenance including the heating and cooling systems and the mechanical door. The Airport Commission will be responsible for outside maintenance, including painting, grounds upkeep and snow removal. The lease has option periods in addition to the original fifteen year period. The option period amounts would be negotiated between the parties but could not exceed the amount during the original term plus the CPI over the fifteen year original term. In subsequent optional periods, the amount would be based on the previous optional period rent plus the CPI for the previous option period. The Commission agreed that nation I fi urthshould be used. Schmeiser noted the Commission is acceptipg the develop- ment of the plans. If HLM elects to not enter into the agreement, the Airport Commission is responsible for the costs. Motion passed unani- be readyyand Llet on ehr i Friday, November 165 Then d the plans and secare bthe gplans ewill behsenthoutdfor bid. In response to Sauegling,Lehr said the bond issuance will go to the Council bbids e been received and gives final eCity pl of the rental ratesThe bid canbelet for constru tion henthCouncil o1.7 -5-q I_ MINUTES IOWA CITY AIRPORT COMMISSION NOVEMBER 8, 1984 PAGE 2 gives final approval for issuance of the G.O. bonds. Brown recommended Moved George, that the bid documents state that the final seconded by Tiffany, al award of the contract is subject to the 0'andnspecsbod ancMotion passed unanimously. to adopt the plans Council regarding CRITICALeco REAS daationsu wereLEdeve loped Zfor the City at �n the November. mo and memo, Commis critical areas of riurit ° yreas cshouldrbeeacquiredheimmediatggesteimmNovemberediately. CO is stated that high p y immediately purchased. Sion members discussed the recommendations. Tiffany Sul Council should be made aware that there is the remaining portions of the clear zones not being Sfore the auegling stated that the City no guarantee of FAA reimbursement for land acquisition and frothem t council FAA. Council shouldattempt pt o get a. son should more firm commitment Citym the FAA. Schmeiser exonse top the George the Ian rSchmeiser saigdrthe Cityless fCouncil Ashouldbdecidenhow tot. nimpleme'I the importantaandnall AirportsComnission memberid the 's should unendations derstand them.to the i1 are ort improvement programs list clear Movedzone by Zehr noted that the current priority for funding eligibility. land acquisition as Lehigh to adopt the November 8 ON re: clear zones - Tiffany, seconded by Council. Motion passed unani- critical areas and forward it to the City mously. joint that the Iowa City/Johnson CHAIRMAN'S inancemeiser repreceived °alldthree necessary votes er the Iowa County Council deferred indefi- City Council and Johnson County Board of the City ors. Schmeiser ravements the request of the Airport Commission, Kansas on Friday. Schmeiser and nitely actionan isinhOverlandnPark,eQuesa The airport imp program planning to attend. Zehr are p 1984, 8:00 The next Airport Commission meeting will beheld December 13, P.M. Meeting adjourned at 8:20 P.M. a�s� Mayor's Youth Employment Program Minutes Board of Directors Meeting November 7, 1984 Board Members Present: Ted Halm, Mike Kennedy, Renato de Leon, Joan Jehle, Doug Bogenrief, Denise Tiffany and Doug Allaire. Staff Present: Peg McElroy and Teresa Ulin I. Call to Order: Joan Jehle called the meeting to order at 4:02 P.M. II. Introductions and Welcome III. Approval of Minutes: The minutes from the September 26, 1984 meeting were read by the board. Ted Halm/Mike Kennedy moved to approve the minutes. MSC IV. Financial Reports - 1st Quarter, FY 1985: Copies; of the financial re- port for the first quarter of FY 1985 were passed out. Peg explained that, based on the City of Iowa City's reports to her,, she will have a monthly financial report for the board. This will include MYEP's reve- nues and expenses, as well as the fund balances. The accounting is less complicated this year with less programs involved. Peg also ex- plained that MYEP is a reimbursable program. This means that our funds can -earn interest in the City of Iowa City's investment pool. Funds 'will be transferred from the In -School Component account to cover the $6,739.53 negative balance in the Summer Program account. Since MYEP/IL operated at a deficit, left over Jobs Club money was used to close out that account, along with funds approved by the Committee On Community Needs. Renato de Leon/Ted Halm moved to approve the Financial Reports.. MSC V. Additional Agenda Items: The City Council approved Jan Liggett, Director of Juvenile Diversion, as the new MYEP board member. MYEP now has a full 10 -member board. Peg met with Joan on November 7, 1984 to review the budget and the cover letter written by Joan for the Director's Evaluation. The board members ' read the cover letter and all agreed it looked good. Peg will send the evaluations and the cover letter to the various funding bodies. A copy of the Goals B Objectives section will be sent to each board member. The Joint County Hearing also has a section of Goals B Objectives. Joan explained that a semi-annual director's evaluation will be due in January. Volunteers will be needed to serve on the review committee. VI. New Business FY 1986 Budget Approval Copies of the Human Service Agency budget forms were passed out to the board. A more detailed budget report will be provided at a later date. a??55 Board of Directors Meeting November 7, 1984 Page 2 The first page of the budget report is a synopsis of the local funders. Peg feels that the local funding situation will be tough this year. She is looking for alternatives that won't cost MYEP money. Placement of youth in the private sector is something she would like to be able to do more often. So far this year 2 kids have been placed in private businesses, with more placements pending. One of the kids is working at the Prairie Lights Bookstore and another is at Holiday Inn. In this report the private sector was included in the In -School Component. The Director's Salary Adjustment shown on page one is in keeping with the salary survey previously approved. Human Services Coordinator Cheryl Mintle recommended bringing all directors up to the minimum salary level, but no higher. Page 2 of the report shows that MYEP's funding is down. This is due to the fact that less programs are being run and there will be no CDBG projects. The administration costs shown are realistic, but not com- pletely accurate. Peg would like to study how much program service and administration actually costs this year. Ted inquired as to why there were no funds for Independent Living. Peg explained that MYEP/IL was a $30,000 1 -year grant tied to the Jobs Bill. Eighteen people were put in work crews and taught job skills during this program. They worked 2 hours per day. The program was considered suc- cessful, with 10 out of the 12 adults involved being hired in the commun- ity. Peg did apply for the MR/Mi/DD state grant with Independent Living. The funding was denied because the request was for continuation money. Page 3 is a synopsis of the funding sources. Peg pointed out that the Marathon raised more than $23,000 for United Way. On page 4 the expenses are further broken down. Page 5 is a breakdown of the restricted funds and the salary changes. Page 6 concerns the amounts involved in personnel benefits and taxes. Pages 7 and 8 concern the restrictive funding. Doug Bogenrief/Mike Kennedy moved to approve the FY 1986 budget. Presentation For Hearing MYEP's funding hearing will be sometime in December or January. The agency will have 20 minutes to present their information and field questions from a citizen review board. Peg would like to emphasize board involvement at the hearing. She feels it's better for the staff to participate less and to allow the board to do most of the presenting of information. Joan suggested that if possible, it would be great to prepare a videotape for the Mayor's Youth presentation. The video used last year was received very well. Peg would also like to use let- ters of support from people other than the board members, such as Connie Tiffany and Jim Gilmore. At last year's hearing Peg was asked if she had requested funding from the smaller outerlying communities. Peg explained that the small towns give such small amounts that her time and expense are put to better use elsewhere. However, she will make requests of some of the outerlying communities. .7175._ Board of Directors Meeting November 7, 1984 Page 3 Quarterly Report - 1st Quarter FY 1985 - Peg told the Board that things change drastically for MYEP in October because this is when most of the kids are placed. The Handicapped Trail at Terell Mill Park was found to be not accessible. However, that situation has been remedied. Program Statistics For future meetings Peg will prepare a case file report of the progress that is being made with youth. She keeps records of the support services time that is spent with each young person. VII. Shared Facility Report: Peg reported that at the November 6 City Council meeting the agencies requested $275,000 for a joint facility. Possibili- ties are the 2nd and 3rd floors of the building at the corner of Gilbert and Washington Streets andthe 2nd and 3rd floors of the Paul -Helen Building. On November 20, 1984 the final determination will be made by the City Council. The Committee on Community Needs did not vote approval of the request for funding of this project, therefore, the city council would be overriding a decision made by CCN. Peg reluctantly stated her opposition to the decision made by CCN at the council meeting on the 6th of November. She feels strongly about "citizen review" and approval of funds used for community projects, however, she felt that it was impor- tant to either see this project funded or end the concept altogether. Considerable time and effort have been put into this project by steering committee members and Cheryl Mintle, JCCOG Human Service Coordinator. Other options were discussed by the board including a youth serving facili- ty and Denise Tiffany expressed some concern that too many agencies to- gether in one building might create a bureaucracy. Joan added that she feels MYEP's office is in a very good location now. Peg explained that for the 12 agencies that could be housed in one building to return as small, separate agencies requesting funding would be far more expensive for the community and its use of CDBG funds in the long run. Further, she feels that her current office is difficult for youth to find and that many agencies seem to be doing well together in Old Brick (although the space is inefficient and inaccessible to the handicapped). Because MYEP's office lease is up in July, 1986, it will need to be re -negotiated if the decision is not made in favor of a joint facility. Peg will keep the board informed about this matter. The meeting adjourned at 5:05. The next meeting will be December 19th, at 4:00 P.M. in the Iowa City Public Library. Joan ehle, Secret ry/Treasurer Teresa Ulin, Secretary ass MINUTES PLANNING 8 ZONING COMMISSION NOVEMBER 15, 1984 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Jodan, Perry, Scott, Horowitz, Courtney MEMBERS ABSENT: Blank, Jakobsen STAFF PRESENT: Franklin, DeVolder CALL TO ORDER: Chairman Scott called the meeting to order at 7:33 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT INCLUDED ON THE AGENDA: There was no public discussion of any item not on the agenda. RECOMMENDATIONS TO CITY COUNCIL: None. SUMMARY OF DISCUSSION: Set a public hearing for December 6, 1984, on amendments to the sign regula- tions of the Zoning Ordinance. Jordan moved that the public hearing for December 6, 1984 on amendments to the sign regulations of the Zoning Ordinance be set. Perry seconded the motion. The motion carried unanimously. SUBDIVISION ITEMS: 1. S-8431. Discussion of an application submitted by Terrence Williams for approval of an amended preliminary and final LSRD for Melrose Lake Apartments located on Woodside Drive extended; 45 -day limitation period: 11/19/84. Scott noted that the staff was provided with a note from the developer requesting that consideration of this item be deferred and granting a waiver of the 45 -day limitation period. Franklin stated that the staff had no additional information to add. Scott asked if there was a motion to defer to the 12/6 formal meeting. Horowitz moved that the public discussion of an application submitted by Terrence Williams for approval of an amended preliminary and final LSRD for Melrose Lake Apartments located on Woodside Drive extended be deferred until the December 6 meeting. Jordan seconded the motion. The motion carried unanimously, aas� OF PRECEDING. DOCUMENT MINUTES PLANNING d ZONING COMMISSION NOVEMBER 15, 1984 - 7:30 P.M. CIVIC CENTER COUNCIL CHAMBERS MEMBERS PRESENT: Jodan, Perry, Scott, Horowitz, Courtney MEMBERS ABSENT: Blank, Jakobsen STAFF PRESENT: Franklin, DeVolder CALL TO ORDER: Chairman Scott called the meeting to order at 7:33 p.m. PUBLIC DISCUSSION OF ANY ITEM NOT INCLUDED ON THE AGENDA: There was no public discussion of any item not on the agenda. RECOMMENDATIONS TO CITY COUNCIL: None. SUMMARY OF DISCUSSION: Set a public hearing for December 6, 1984, on amendments to the sign regula- tions of the Zoning Ordinance. Jordan moved that the public hearing for December 6, 1984 on amendments to the sign regulations of the Zoning Ordinance be set. Perry seconded the motion. The motion carried unanimously. SUBDIVISION ITEMS: 1. S-8431. Discussion of an application submitted by Terrence Williams for approval of an amended preliminary and final LSRD for Melrose Lake Apartments located on Woodside Drive extended; 45 -day limitation period: 11/19/84. Scott noted that the staff was provided with a note from the developer requesting that consideration of this item be deferred and granting a waiver of the 45 -day limitation period. Franklin stated that the staff had no additional information to add. Scott asked if there was a motion to defer to the 12/6 formal meeting. Horowitz moved that the public discussion of an application submitted by Terrence Williams for approval of an amended preliminary and final LSRD for Melrose Lake Apartments located on Woodside Drive extended be deferred until the December 6 meeting. Jordan seconded the motion. The motion carried unanimously. aasG Planning 8 Zoninr "ommission November 15, 198. Page 2 2. S-8432. Public discussion of an application submitted by R.A. McKeen for approval of a preliminary and final LSRD plan for the northeast quadrant of the intersection of Dubuque and Prentiss Streets (522-532 South Dubuque Street); 45 -day limitation period: 12/14/84. Franklin stated that the applicant had requested deferment until December 6 and possibly longer. The applicant's problem was getting the develop- ment together; indeed, abandonment of the project was possible. Horowitz asked if the development included the property which was the site of the old antique store or if the new building would replace only the existing multi -family structure? Franklin responded that both buildings were in the development plan. and both would come down to be replaced by a U-shaped building which would face Prentiss Street. The building planned was to be a highrise with underground parking and one parking space per unit. Public discussion: There was no public discussion on the issue. Horowitz moved that public discussion of the application be deferred until December 6. Jordan seconded the motion. The motion carried unanimously. OTHER BUSINESS: la. Minutes of the Planning and Zoning Commission meeting of 8/16/84. Jordan moved that the minutes of the meeting be approved. Perry seconded the motion. The motion carried unanimously. Minutes 'of the Planning and Zoning Commission meeting of 9/6/84. Courtney moved that the minutes of this meeting be approved. Horowitz seconded the motion. The motion carried unanimously. Minutes of the Planning .and Zoning Commission meeting of 9/20/84. Horowitz moved that the minutes be approved with the correction on page 3, line 4, that "Horowitz went and saw" be changed to "Horowitz went to see". Perry seconded the motion. The motion carried unanimously. Planning and Zoning Commission meeting minutes for 10/4/84. Jordan moved that the minutes be approved. Perry seconded the motion. The motion carried unanimously. Approval of the minutes of the Planning and Zoning Commission meeting on 10/18/84. Horowitz moved to approve the minutes of the meeting. Courtney seconded the motion. The motion carried 4-0-1, with Perry abstaining because he was absent from the 10-18 meeting. a�sG Planning 8 Zoning mission November 15, 1984 Page 3 lb. Planning and Zoning Commission information. Scott noted the memo received from the Assistant City Attorney regarding the question of whether access could be denied to Harlocke Street. Scott stated that the Assistant City Attorney said no. Scott also noted the receipt of the revised Iowa City bylaws, which were forwarded to the Council. Scott then asked if staff had anything to report. Franklin told Horowitz that if she were still interested in the CD block grant funding hearings, that she could speak directly to the Council. Horowitz responded that she would not pursue the matter. Courtney pointed out that not all of the CCN recommendations were through yet so there were perhaps funds remaining. Franklin brought up the Home Town Dairies case. She noted that the City had lost in court on the noise and zoning ordinance. She stated that the decision regarding the zoning ordinance rested on the changes made by the City Council in that ordinance, and the fact that those changes were not referred back to the Planning and Zoning Cammission. Franklin concluded that the City Council would probably decide on an appeal of the court decision soon. Horowitz asked if another noise and zoning ordinance attempt would be made with the Planning and Zoning Commission being involved? Franklin responded that no new ordinance was anticipated until an appeal action was decided or concluded. Scott asked if the City Council was duty bound to send back to the Planning and Zoning Commission any changes that it might make in its ordinance recommendations if those changes were substantial. Franklin responded that she did not know. Scott noted that in the case of the dairy, the Planning and Zoning Commission recommended a permitted use and then the Council went with the,special exception. Scott noted that the Planning and Zoning Commission agreed with most of the changes anyway. Franklin raised the question, if all changes made by the City Council had to go back to the Planning and Zoning Commission and the Planning and Zoning Commission did not change from its previous position, where the process would stop. Scott noted that under past procedures the City Council had final arbitration rights on any dispute with the Commission. He did note that it is an important procedural question to the City, however. Franklin noted that what constituted a significant and substantive change was an issue that would probably ultimately be decided by the courts in any case. .�aSG Planning d Zoni% .ommission November 15, 1984 Page 4 Scott asked if an appeal through the court suspended the City's enforcement power? Franklin responded that she did not know. Discussion followed of the schedule of the Commission through the basketball season. Jordan stated that the Urban Environment Ad Hoc Committee passed a policy statement on to the Council. This statement would go to the Planning and Zoning Commission and the Planning and Zoning Commission should start a public discussion. Jordan noted that a lot of private citizens were opposed to the designation of fragile areas, especially in their own back yards. Scott stated his opinion that this was a problem, especially if the City refused to pay compensation. He was concerned with having private property labeled environmentally fragile, unless compensation was paid. Here lied the political difficulty according to Scott. Jordan agreed. Franklin noted that although the designation of areas had not occurred in Iowa, in other states it had been done. In those states the courts had judged that no taking occurred unless the full use of the property was adjudicated as taken. She'noted that in the cases addressed by the Comnittee so far, only minor property rights were potentially altered. Jordan said except for one case. Franklin explained a mechanism being investigated by the Committee. The mechanism was an environmental impact statement on any large scale develop- ment or subdivision. Also, there would be specifically designated zones, and for building in these zones, one would need to undertake a special environ- mental review before a building permit could be issued. As for the specific case, which is a dispute in Manville Heights, she noted that the owner could still put up a one family house but he would have to, for instance, undertake erosion control and some other measure to ameliorate the impact of construc- tion on the ravine on his property. Jordan stated that this was his very objection. Scott reiterated that the key consideration here was a political one. For instance, in this case we have privately held property without compensation for what the owner must do. Scott hypothesized that with undeveloped land, politically more options remained. Franklin agreed this was very possible. Franklin pointed out that the adoption of the policy statement was being undertaken as an amendment to the Comprehensive Plan. Amending the Compre- hensive Plan was more defensible, since it ensured enough public hearings so that action wouldn't be considered arbitrary and capricious. But Franklin noted that Scott was right in that the City .Council must determine if the basic ideas of the policy statement are important enough to warrant regula- tory restrictions. o7as6 Planning 8 ZoninS mmission November 15, 1984 Page 5 Horowitz said that an interesting outgrowth of this problem was that in other cities, property values have actually risen for land because the land had greater natural beauty when it was given an environmental concern categoriza- tion. Jordan disagreed saying it cost more to build then. Horowitz responded that the land resale value then went up. Horowitz said that they should first designate publicly owned land as environmentally sensitive and leave private land alone for the time being. Scott agreed saying this was the way to get a good track record first. Jordan concurred. Franklin pointed out that the impetus for forming the Committee came from development on private land. Scott noted that the objection before the City Council was because of environmental damage with respect to private land. The question that Scott felt the City Council must first give political direction on is the reality of purchasing private property. Franklin stated that first the Commission must deal with policy concepts, that is if the environmental action was a good idea. She noted that there was no need to look at all the particular methods of implementation at this time, for it was only in the preliminary stage. It was after this prelimi- nary stage that the Commission would have to address actual implementation decisions, such as the purchase of land. Horowitz asked when this question would formally come before the Planning and Zoning Commission. Franklin responded that the City Council is scheduled to look at the state- ment next week. Scott said if the Commission gets it on a referral basis then it would take it in order; but if the Commission got it with a priority statement, then it would take it up first. Jordan concluded the discussion by noting that the policy behind the plan was' a good idea but the problem was with specific cases. Jordan moved that the meeting be adjourned. Horowitz seconded the motion. The motion carried unanimously. The meeting adjourned at 8:06 p.m. Minutes submitted by Steven OeVolder. Approved by: Horst Jordan, Secretary aas6