HomeMy WebLinkAbout1973-06-22 Special MeetingMINUTES OF AN ADJOURNED COUNCIL MEETING
JUNE 22, 1973
The City Council of Iowa City,, Iowa, met in adjourned
session on the 22nd day of June, 1973 at 4:00 o'clock P.M.
in the Conference Room of the Civic Center.
Members present: Brandt, Connell, Czarnecki, Hickerson
and White (4:15PM) Absent: None. Mayor 'Brandt presiding,.
The Mayor announced discussion of the Capitol Improve-
ments Program pending CouncilmanWhite's arrival. City Mgr.
Wells presented the revised Capitol 'Improvements 'Program _for
1973-77, The Council reviewed the, program item by item.
There ,was 'further discussion on housing for the elderly, parking
facilities, Lower'Park Road construction, Willow`Creek Park
construction,' lower costs, listed for 31/3 and '31/6,'motorcycle
track several of the street projects, radio communications
s bus routes. A majority of the Council wished to delete
item 90/4, Radio Communications `Equipment. It was the general'
consensus of the Council that item 31/10 -Willow Creek Park'
Development be changed; the $25,000 scheduled, in 1975 moved
up to 1974 and the $15,000 scheduled in 1976 moved up to 1975.
The Staff was also 'requested to outline how the $1,400,000
revenue sharing was allocated.
It was moved by Hickerson and seconded by Connellithat
the rules be suspended and the third reading of the Ordinance
rezoning_'the Richardson property, SE corner of intersection
of H Street and ,Sixth Avenue, from RIB to R2 zone, be given
by title only. Upon roll call Brandt, Connell, Czarnecki,
Hickerson and White voted 'aye'. ,Motion carried, third read-
ing given. It was moved by Hickerson and seconded by Connell
to adopt the Ordinance. Upon roll call Hickerson, White and
Brandt voted 'aye', Connell and Czarnecki voted 'nay'. Motion
defeated 3/2, as 4 votes needed to override P&Z denial.
It was moved by White and seconded by Hickerson that
the City Manager, and Planning & Zoning Commission be asked _
to review and report back to the Council, regarding the land.
use in the area bounded on the South by the railroad' tracks,
on the West by 7th Avenue. on the North by Muscatine and on
the East by is
carr
The City Manager presented the proposed Home Rule Chart_e_K
for the City of Iowa City as submitted by the Charter Comm'
The Council discussed the, time constraints concerning publica-
tion of the Ordinance on Reprecincting if election of Sept.'
6th carries. Councilman Hickerson requested the City Attorney's
opinion on remaining legal questions, and noted thathe' pre-
ferred to see the election next Spring, so that the community
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JUNE 22, 1973
would have time to study the Charter. The Council discussed
the costs incurred by the Chairman and members,of the committee.'
It was moved by Hickerson and seconded by Connell that the
City Manager take up this question with the Chairman and bring
a, recommendation back to the Council, if appropriate. Motion
carried.
It was moved by Hickerson and seconded by Connell to
adjourn to executive session to discuss the disposal of Urban
Renewal property. Upon roll call Czarnecki, Hickerson, White,
Brandt and Connell voted 'aye'.- Motion carried.
qj
84d
ORDINANCE NO.
AN ORDINANCE AMENDINGZONING ORDINANCE 2238 BY CHANGING THE USE REGULATIONS
OF CERTAIN PROPERTY FROM R1B to R2
j!
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IOWA CITY, IOWA:
Section 1. The property described below'is hereby reclassified from
its present classification of ` R1B and the 'boundaries
of to R2 as indicated upon the Zoning Map'
of the City of Iowa City, Iowa, shall be enlarged to include
the follow-
ing property, to -wit:
Lot 5, Block 44, East Iowa Citv (Lot at the Southeast
corner of the intersection of H Street and Sixth Ave.
in Iowa City),
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Section 2. The building inspector is hereby authorized and directed
to change the Zoning Map of the,City of 'Iowa, City, Iowa, to conform to
"this
amendment upon the final Passage, approval and publication of this
Ordinance as provided by law.
Section 3. ;The City Clerk is hereby authorized and directed to
certify a copy of this Ordinance to the County RecorderofJohnson
County, Iowa, upon final passage, approval and publication as provided
by law.
It was moved by ` and seconded by that
t he Ordinance be adopted and upon roll call there were:
AYES: NAYS: ABSENT:
Brandt C'
Connell —
Czarnecki X
Ilickerson x
White X, --
Passed and approved this day of Lg
Mayor
requested by R. L. Richardson First Reading�(,�5`73 7/0.ATTEST:
Second Reading_('' ILLI -D
City Clerk -
Third Reading. •t >•,T.o,
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MINUTES OF AN ADJOURNED COUNCIL MEETING
JUNE 22, 1973
The City Council of Iowa City, Iowa, met in adjourned
session on the 22nd day of June, 1973 at 4:00 o'clock P.M.
in the Conference Room of the Civic Center.
Members present: Brandt, Connell, Czarnecki, Hickerson
and white (4:15PM) Absent: None. Mayor;, Brandt presiding.
The Mayor announced discussion of the Capitol Improve-
ments"Program pending Councilman White's arrival. City Mgr.
Wells presented the revised Capitol Improvements Program for
1973-77. The Council reviewed the program item by item.
There was further discussion on housing for the, elderly, ',parking
facilities, Lower Park Road construction, Willow Creek Park
construction, lower costs listed for 31/3 and 31/6, motorcycle
track,; several of the street projects, radio communications
& bus routes. A, majority of the Council'wished;to delete'
item r90/4,'Radio Communication'sEquipment. It was the general
consensus of the Council that item -31/10-Willow'Creek Park
Development be changed;the $25,000 scheduled in 1975 moved
up to 1974 and the $15,000 scheduled 'in'1976 moved up to ,1975.
The Staff was also requested to outline how the $1,400,000
revenue sharing was ',allocated..
It was moved by Hickerson and seconded by Connell that
the rules be suspended and the third reading of the Ordinance
rezoning the Richardson property, SE corner of intersection
of H Street and Sixth Avenue, from R1B to',R2 zone, be given
by title only. Upon roll call Brandt, Connell, Czarnecki,i
Hickerson and White voted 'aye'. Motion carried, third read-
ing'given. It was moved by Hickerson and seconded by Connell
to adopt the Ordinance. Upon roll call Hickerson, White and
Brandt voted 'aye', Connell and Czarnecki voted 'nay'. Motion
defeated 3/2, as 4 votes needed to override P&7, denial.
It was moved by White and seconded by Hickerson that
the City Manager, and ,Planning &Zoning Commission be asked
to review and report back to the Council, regarding the land
use in the area bounded on the South by the railroad tracks,
on the West', by ,7th Avenue, on the North by Muscatine and on
the East by 1st Avenue. Motion carried.
The City Manager presented the proposed Home Rule Charter
for the City of Iowa City a$ submitted by the Charter Committee.
The Council discussed the time constraints concerning publica-
tion of the 'Ordinance on Reprecincting if election of Sept.
6th carries. Councilman Hickerson requested the City Attorney's
opinion on remaining legal questions, and noted that he pre-
ferred to see the election next Spring, so that the community
1
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MINUTES OF AN ADJOURNED COUNCIL MEETING
JUNE 22, 1973
The City Council of Iowa City, Iowa, met in adjourned
session on the 22nd day of June, 1973 at 4:00 o'clock P.M.
in the Conference Room of the Civic Center.
Members present: Brandt, Connell, Czarnecki, Hickerson
and white (4:15PM) Absent: None. Mayor;, Brandt presiding.
The Mayor announced discussion of the Capitol Improve-
ments"Program pending Councilman White's arrival. City Mgr.
Wells presented the revised Capitol Improvements Program for
1973-77. The Council reviewed the program item by item.
There was further discussion on housing for the, elderly, ',parking
facilities, Lower Park Road construction, Willow Creek Park
construction, lower costs listed for 31/3 and 31/6, motorcycle
track,; several of the street projects, radio communications
& bus routes. A, majority of the Council'wished;to delete'
item r90/4,'Radio Communication'sEquipment. It was the general
consensus of the Council that item -31/10-Willow'Creek Park
Development be changed;the $25,000 scheduled in 1975 moved
up to 1974 and the $15,000 scheduled 'in'1976 moved up to ,1975.
The Staff was also requested to outline how the $1,400,000
revenue sharing was ',allocated..
It was moved by Hickerson and seconded by Connell that
the rules be suspended and the third reading of the Ordinance
rezoning the Richardson property, SE corner of intersection
of H Street and Sixth Avenue, from R1B to',R2 zone, be given
by title only. Upon roll call Brandt, Connell, Czarnecki,i
Hickerson and White voted 'aye'. Motion carried, third read-
ing'given. It was moved by Hickerson and seconded by Connell
to adopt the Ordinance. Upon roll call Hickerson, White and
Brandt voted 'aye', Connell and Czarnecki voted 'nay'. Motion
defeated 3/2, as 4 votes needed to override P&7, denial.
It was moved by White and seconded by Hickerson that
the City Manager, and ,Planning &Zoning Commission be asked
to review and report back to the Council, regarding the land
use in the area bounded on the South by the railroad tracks,
on the West', by ,7th Avenue, on the North by Muscatine and on
the East by 1st Avenue. Motion carried.
The City Manager presented the proposed Home Rule Charter
for the City of Iowa City a$ submitted by the Charter Committee.
The Council discussed the time constraints concerning publica-
tion of the 'Ordinance on Reprecincting if election of Sept.
6th carries. Councilman Hickerson requested the City Attorney's
opinion on remaining legal questions, and noted that he pre-
ferred to see the election next Spring, so that the community
1
"Usama incurrea Dy the unairman and members of the committee.
It was moved by Hickerson and seconded by Connell that the
City Manager take up this question with the Chairman and bring
a recommendation back to the Council, if appropriate. Motion
carried.
It was moved by Hickerson and seconded by Connell to
adjourn to executive session to discuss the disposal of Urban
Renewal property. Upon roll call Czarnecki, Hickerson, White,
Brandt and Connell voted Faye' Motion carried.
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COUNCIL MINUTES
JULY 10, 1973
The City Manager presented his report concerning warning
signs for the Burlington Street Dam. It included the proposal
from John Dooley, Asst, Business Manager for Transportation
for the University of Iowa, and stated that an Ordinance
Banning. Boating on the Iowa River south of the Iowa Avenue
Bridge to the Burlington Street Dam will be on the agenda of
July 17th for Councilconsideration. He requested that his
report be forwarded to the Riverfront Commission for their
recommendation. It was moved by White and seconded by Connell
that the City Manager's report be received and referred to
the Rverfront Commission for recommendations back to the
Council. Motion carried.
It was moved by White and seconded by Connell that the
Project Area Committee'' report of grievance hearing of Joseph
Kinney be received 'and'a Council grievance hearing set for
July 17, 1973 at 4:00 P.M.
The Mayor announced that this was the time set for
public hearing on the plans, specifications,*and form of con-
tract for the First', Avenue Realignment Project from Bradford
Drive to Highway 6 Bypass. Robert Welsh 'appeared concerning
spur. It was moved': by Connell and seconded by Czarnecki to
adopt:the Resolution Approving Plans, etc.', Upon roll call
Connell, Czarnecki, White and Brandt voted 'aye', Hickerson
absent. Motion carried. The ,Mayor 'then declared the hearing
closed:.
The Mayor announced that this was the time set for public
hearing on the rezoning of Tisinger property at 812' Second Ave,
from RlA to R2 zone, as approved by Planning and, Zoning. Commis-
sion. 'Director of Community Development Dennis Kraft summar-
ized the request including rezoning of Lots 5,6I and, 8, as in
following public hearing. There being no interested persons
present to speak for or against the rezoning, the Mayor
declared the hearing closed.
The Mayor announced that this was the time set for public
hearing on rezoning Lots 5,6 and 8, Block V, EIC Addition from
R1B to R2 zone, in conjuction with the Tisinger request,
approved by Planning and Zoning Commission.. There being no
interested persons present to speak for or against the rezon-
ing, the Mayor declared the hearing closed.
City Attornev Jay Honohan presented his report requested
by the Council concerning thpVproposed'initiative-and'referen-
lum provision for the Charter,_ -
ion be referred back to 'the CharterrCommitteedforaadditionalOpin
consideration and that action be deferred on the Charter until
resolution of the Des Moines case. It was moved by White and
seconded by Connell that the City Attorney's report be received
and filed and referred to the Charter Committee to 'report back
no later than July 17, 1973. Motion carried.
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COUNCIL MINUTES
JUNE 26, 1973
Mayor Brandt asked how many Boards and Commissions had
responded to the request by the Rules Commit 1.1-(! un
anel commi.ssiOils procedural guidelines, and askcal LhaL"sLalf
I.-011ew-up on it. Mr. Sumy Of the Library Board stated• that
their board is working on their report,
Mayor Brandt appointed Ronald Farber, 12 Mt. Vernon Dr.;
David Kirkman 2916 Cornell Ave.; and Mrs. LuAnn Newsome, 127
Ferson; to six year terms on the Library Board. It was moved
by White and seconded by Connell that the Mayors appointments
be approved. Motion carried.
The _Myor_announced that next Tuesday's meeting the
or
:9_UI1Ci1 �Qu1d Se hp d-te fr ._ -
r— — scion of the Charter. --- He
also requested at the formal meeting the Council adjourn to
executive session on Wednesday at noon. Council concurred.
Councilman Connell proposedthat the action by'2 members
of the Iowa City Police Department on 'June 25 be considered
above and beyond ,the call of,duty,. 'City Manager Ray Wells
suggested that by motion of the Council a personal 'commenda-
tiOn to Officers Sueppel and Sellers for an act above and beyond
the call of duty ,in rescuing::victims out of the 'Iowa 'River
last evening, and 'that ,commendation be placed in their personnel
files at the direction of -the Council. It was so moved by
Connell and 'seconded by Whiter: Motion carried.
The City Attorney presented the Ordinance Establishing
Procedures for the Collection of Parking Meter, Fines and
Setting the, Amount of said Fines, and recommended three
readings and adoption of the Ordinance. Tom Sum
the downtown businessmen appeared y,. representing
over ` PP opposing the $2.00 fin
time parking. After discussion, the Mayor deferred dis-
cussion until after tomorrow's executive session.
It was', moved by Connell and seconded by Czarnecki to
adjourn to executive session to discuss establishment of
fairmarketvalue for Parcel 102/13, Hieronymus, in Urban
Renewal Project. Upon roll call White, Brandt, Connell and Cz
Czarnecki voted 'aye', Hickerson absent. Motion carried.
Executive session was held, after which the Council
adjourned to regular session.
It was moved by Connell and seconded by White to adopt
the Resolution Setting Fair Market Value for Parcel 102/13,
Hieronymus, in Urban Renewal Project R-19. Upon roll call.
Brandt, Connell, Czarnecki, and White voted 'aye', Hickerson
absent. Motion carried.
It was moved by Connell and seconded by Czarnecki to
adjourn to Executive Session on Wednesday, June 27th at 12
noon to discuss the disposition of Urban Renewal Land. Upon
roll call Connell, Czarnecki, White and Brandt voted 'aye',
Hickerson absent. Motion carried.
June 22, 1973
TO: The Honorable Mayor and City Council of
Iowa City, Iowa
Gentlemen:'
The Home Rule Charter of the.City of Iowa Ci
Iowa, as recommended
and adopted by the Iowa Cityty,
Charter Comnittee,l is attached to this letter.
Respectfully
aubmitted
a L Me d airman
Iowa C tY Charter Committee
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HOME RULE CHARTER
I'
OF THE CITY OF IOWA CITY, IOWA
Recommended by the Iowa City Charter Committee
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PREAMBLE
The Citizens of Iowa City, Iowa, by virtue of the enactment of
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this Charter, adopt 'the following principles:
1. That the governmentiofIowa City ,belongs to all its citizens
iand
all share the responsibility for it.
It
2. That the government of Iowa City is a service institution,
responsive and accountable to its citizens.
3. That City officials should be accessible to the people and
have an affirmative obligation to secure for each g ch person equality of
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opportunity as well as due process and equal protection of law.
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4. That each citizen has a right to obtain fair, equal, and
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courteous treatment from each City official and employee.
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5. That the City should perform all acts and take all measures
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desirable health, safety
necessary
necessary
and to promote the general and
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welfare of its residents, to encourage the participation of its citi-
zens in policy formation and to secure the full benefits of "Home Rule."
DEFINITIONS
'
As
in this Charter:
used
'
1.
"City" means the City of Iowa City, Iowa.
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2.
"City Council" or "Council" means the governing body of the
City:
3.
"Councilmember" means a member of the Council, includinglthe
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Mayor.
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4.
"Shall" imposes a duty.
5.
"Must" states a requirement.
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6.
"May" confers a power.
7.
'Voter" means a,person eligible to register to vote in Iowa
City.
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8.
"Qualified voter" means a voter who is registered to vote in
Iowa City.
9.
"Board" includes ` -a Board, Commission, Committee or other
similar
entity however designated.
H
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4-ARTICLE
ART I CLEII.
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CITY COUNCIL
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Section 2.01. Composition.
The City Council consists of seven members. Four, to be known as
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Councilmembers at -large, are to be nominated and elected by the quali-
fied voters of the City at large. The other three are to be known as
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District Councilmembers; they are to be nominated bythe qualified
'vuters
of their respective districts, as provided by Article III, and
one is to be elected'trom each Council
District by the qualified voters
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City at large.
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of the
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io into Council ' Districts.
Section 2.02: Division
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The Council, by ordinance, shall divide the City into three Coun-
cil Districts of substantially equal population. These Districts are
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to be designated as Council District A, Council District B, and Council
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District C.
Section 2.03. Eligibility.
To be eligible to be elected to and retain a Council position, a
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person 'must 'be a voter of Iowa City, and if seeking or elected to repre-
sent a Council District, domiciliary of that Council District.
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Section 2.04. Terms.
cmembers
r er, allrseven Coun i 1
t
At the first election Linder !this D is ,
' . B. The Mayor is a voting member of the Council, the official
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arebe to elec ted• the Cou cil er
n memb froma 1
C unci District A, Council
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District C, and the two Councilmembers at -large who receive the greatest
number of votes cast for Councilmember at -large are to serve for terms
of four years, and the other Councilmembers are to serve for terms of
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two years. Commencing at the next regular City election, and at all
subsequent regular City elections, all Councilmembers elected to fill
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the positions of those whose terms expire shall be elected for terms
of four years.
'
Section 2.05. Compensation.
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The Council, by ordinance, shall prescribe the compensation of
the Mayor, and the other Councilmembers, but'an increase in the compen-
sation ofithe Mayor or other Councilmembers does not become effective
during the term in which the increase is adopted, and the Council may
not adopt such an ordinance during the months of November and December
immediately following a regular City election.
Section 2.06.
Mayor.
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A. Immediately following the beginning of the terms of Council -
members elected at the regular City election, the Council shall meet
and elect from among its members the Mayor and, Mayor pro tem for a
'term
of two years.
' . B. The Mayor is a voting member of the Council, the official
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be made according to job-related criteria and be consistent with non-
discriminatory and equal employment opportunity standards established
'
pursuant to law.
Section 2.09. Rules; Records.
the Council may determine its own rules and shall maintain re-
cords of :,its proceedings consistent with State law.,
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Section 2.10. Vacancies.
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City
The Council shall fill a vacancy occurring in an elective
office as provided by State, law.
Section 2.11. Council Action.
A. Passage of an ordinance, amendment or resolution requires
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an affirmative vote of a majority of the Councilmembers except as other-
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wise provided by State law.
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B. The Council may submit to the voters, without a petition,
a proposition for the repeal, amendment or enactment of any measure,
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to be voted upon at any succeeding general, regular or special City
election, and if the proposition submitted receives a majority of the
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votescast on it at the election, the measure shall be repealed,
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amended or enacted accordingly.
Section 2.12. Prohibitions.
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A. A Councilmember may not hold any o ther City office or be a
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tCity
employee or elected County official while serving on the Council
hold any remunerated City office or employment for at least one
nor
Council.
year after leaving the
Neither the Council nor its members may dictate, In any man-
ner,the appointment, or removal of any person appointed by the City
'
Manager. However, the Council may express its views to the City Manager
'
pertaining to the appointment or removal of such employee.'
C. A Councilmember may not interfere with the superyision or di-
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rection of any person appointed by or under the control of the City
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Manager.
ARTICLE III.
NOMINATION, PRIMARY ELECTION AND REGULAR ELECTION
'
tiecLLon 7.01. Nomination.
'
A. A voter of a Council District may become a candidate for a
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Council District seat by filing with the City Clerk a petition re-
questing that his or her name be placed on the ballot for that office.
The petition must be filed at least four weeks before the date of the
regular City election and must contain signatures from the candidate's
'
District in a number equal to one-third or more of the number of sig-
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natures' required for at -large candidates.
B. A voter of the Clty may become a candidate for an at -large
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by; filing with the'City Clerk a petition requesting that the can-
scat
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didate!s
name be placed on the ballot for that office. The petition
must be filed at least four week before the date of the regular City
election and must be signed by voters of the City equal in number to
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at least two percent of those who voted to fill the same office in the
last 'regular City election.
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Section 3.02. Primary Election.
'
A. If there are more than two candidates for a Council District
'
seat, a primary election must be held for that seat with only the quali-
fied voters of that Council District eligible to vote. The names of
the two candidates
who receive the highest number of votes in the pr1
mary election are to be placed on the ballot for the, regular City elec-
io
t n as-candidatesfor that Council seat.
B.
Ife
th re are. more than twice as many candidates as there are
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at -large positions to be filled, there shall be a primary election held
unless the Council, by ordinance, chooses to have a run-off election.
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Section 3.03. Regular City Election.
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A. In the regular City election, each Council District seat up
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for election shall be listed separately on the ballot and only the
names of candidates nominated from that Council District shall be
listed on the ballot as candidates for that seat. The !three Council
District seats shall be designated on the ballot as Council District
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vo
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u Council District C and each shall be elected
t
p; Council District and
at large.
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-large Council seats shall be designated on the ballot
g, The at
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as such.
ARTICLE IV.
CITY MANAGER
Section 1• APPointment; Q ualifications.
1
the Coun shall consider only the
In'appocil
inting a City Manager,
and fitness of the person without regard to political
qualifications
affiliation. During his or her tenur e the City Manager shall
or other
City.
reside within the
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secti�02. Accountability; Removal.
A. The City Manager is under the direction and supervision of _
and holds office at its pleasure. Unless otherwise pro
Council -
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the
Manager removed by the Council is entitled
vidad by contract, a City
termination pay of not less than two months,' salary, coin -
'
to receive
puted from the date of the resolution of removal.
resignation or removal of the City Manager, the
B. Upon the
'council
shall appoint an individual qualified to perform the duties
City
at the pleasure of Council or until a
of City Manager to serve
'
manager is appointed.
(2) Supervise and direct the administration of City govern-
nent and the official conduct of employees of the City appointed by
the City Managerincluding their employment, training, reclassification,
' suspension or discharge as the occasion requires, subject to State law.
' (3) Appoint or employ persons to occupy positions for which
method her
no o me o
' t th f appointment is provided by State law or this Charter.
(4) Supervise the administration of the City personnel system,
' including the determination of the compensation of all City employees
appointed by the City, Manager subject to State law and this Charter.
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Section 4.03. Absence; _Disability ,of City Manager...
City 'a
The Manager may designatequalified City employee as
Acting City Manager to perform his or her duties during a temporary
absence or disability):. If the City Manager does not ,make 'such a desig-
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nation, the Council shall appoint a, qualified City employee to perform
the duties of the City, Manager until he or she returns.
Section 4.04. ',Duties: of City Manager.
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A. The City Manager shall be chief administrative officer of the
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City and shall':
(1) ' Insure that the laws of the City are executed and en-
forced.
(2) Supervise and direct the administration of City govern-
nent and the official conduct of employees of the City appointed by
the City Managerincluding their employment, training, reclassification,
' suspension or discharge as the occasion requires, subject to State law.
' (3) Appoint or employ persons to occupy positions for which
method her
no o me o
' t th f appointment is provided by State law or this Charter.
(4) Supervise the administration of the City personnel system,
' including the determination of the compensation of all City employees
appointed by the City, Manager subject to State law and this Charter.
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(5) Supervise the performance of all contracts
be done for the City, make all purchases of materials and supplies,'
and assure that such materials and supplies are received and are of
specified quality and diaracter.
(6) Supervise and manage all public improvements,'works and
undertakings of the City, and all City -owned property including build-
'
ings, plants, systems, and enterprises, and to have charge of their
construction,; improvement, repair and maintenance except where other-
wise provided by State law.
Supervise and of all surveys,'
(7) the making preservation
'maps,
plans, drawings, specifications and estimates for the City.
(8) Provide for the issuance and revocation of licenses and
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permits authorized by State law or City ordinance and cause a record
thereof to be maintained.
(9) Prepare and submit to the Council the annual budgets in
the form prescribed by State law.
(10) Provide the Council within ten days following the end
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of each month an itemized written monthly report 'showing all receipts
and disbursements for the precedingmonth.
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(11) Attend Council meetings and keep the Council fully ad-
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vised of the financial and other conditions of the City and its needs.
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(12) See that the business affairs of the City are transacted
in an efficient manner and that accurate records oflall City business
maintained and made available to the public, except as otherwise
are
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provided by state law.
(13) Provide necessary and reasonable clerical, research and
prufes sional assistance to Boards within limitations of the budget.
(14) Perform such other and further duties as the Council
may direct.
The City Manager, in performing the foregoing duties, may:
tB.
(1) Present recommendations and programs to the Council and
participate in any discussion by the Council of any matters pertaining
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to the duties of the City Manager.
(2) Cause the examination and investigation of the affairs
'
conduct of an employee under supervision of
of any department or the c Y
the City Manager.
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(3) Execute contracts on behalf of the City when authorized
by the Council.
Acts.
Section 4.05. Ineligibility; Prohibited
1.
Except for the exercise of the right to vote, the ,City Manager
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shall not take part in any election of Councilmembers. This prohi-
bition shall in no way limit the City; Manager's duty to make available
public records as provided by State law or this Charter.
ARTICLE V.
BOARDS, COMMISSIONS AND COMMITTEES
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Section 5.01. Establishment.
The Council may establish Boards in addition to those required
by State law 'and shall specify the title, duties, length of term, quay
ifications of members and other appropriate matters. The Council may
reduce or increase a Board's' duties, transfer duties from one Board
'
to another or dissolve any Board, except as otherwise provided by State
law or this Charter.
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5 Appointment; Removal.
Section .02. PP
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The Council shall appoint all members of Boards, unless otherwise
provided by State law, and shall seek to provide broad representation on
all Boards, subject to the requirements of :State law. The Council shall
establish procedures to give at least thirty days' notice of vacancies
before they are filled and shall encourage nominations by citizens.
The Council shall establish conditions for the removal of members for
,'
just cause, consistent with State ,law.
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Suction 5.03. RuLes.
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A. The Council shall establish rules and procedures for the
operation of all Boards, which must include but are not limited to,
to open', meetings.
•
the adoption of by-laws and rules pertaining
B. The Council shall specify, for each Board,methods for infor-
mal and formal communication with Council, time schedules for the com-
deems
pletion of report requested by, Council and such rules as it
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appropriate.
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C. A Board may establish additional rules and procedures that
are consistent with State law, Council rules, and this Charter.
tARTICLE
VI.
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CAMPAIGN CONTRIBUTIONS AND EXPENDITURES
Section 6.01. Limitations on the Amount of Campaign Expenditures.
The Council, by ordinance, shall prescribe limitations on the
'candidates
amount of campaign expenditures made by and on behalf of
for election to Council.
Section 6.02. Disclosure of Contributions and Expenditures
The Council, by ordinance, shall prescribe procedures requiring,
immediately before and after each regular, primary, or run-off
'
election, the disclosure of the amount, source and kind of all contra-
for
butions received and expenditures made by (1) each .candidate elac-
tion to Council and (2) any and all other persons, for the purpose of
aiding or securing the candidate's nomination or election.
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Section 6.031 Definition.
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does not mean
Within this article an expenditure or contribution
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a person's time donated to aid or promote a candidate's nomination or
election.
Section 6.04.' Violations.
for
The Council, by ordinance, shall prescribe (1) penalties
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the violation of the ,expenditure limitations and disclosure require-
ments it establishes pursuant to this section and (2) when appropriate,
conditions for the revocation of a candidate's right to serve on Coun-
cil if elected, consistent with State law.
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ARTICLE VII.
INITIATIVE AND REFERENDUM
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Section 7.01. General Provisions.
'
A. Authority.
(1) Initiative. The qualified voters have the right to pro-
pose ordinances to the Council and, if the Council fails to adopt an
ordinance so proposed without any change in substance, to have the
ordinance submitted to the voters at an election.
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qualified voters have the right to
2 Referendum. the gh
(2)
(
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quire reconsideration by the Council of an existing ordinance and, if
the Council fails to repeal such ordinance, to, have it submitted to
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the voters at an election.
(3) Definition. Within this article, 'ordinance" means all
measures of a legislative nature, however designated, which (a) are of
a permanent rather than temporary character and (b) include a proposi-
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tlon enacting, amending or repealing a new or existing law, policy or
plan, as 'opposed to one providing for the execution or administration
of a law, policy or plan already enacted by Council.
B. Limitations.
(1) Subject Matter. The right of initiative and referendum
shall not extend to any of the following:'
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(a) Any measure of an executive or administrative nature."
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(b) The City budget.
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(c) The appropriation of money.
.,(d)
The levy of taxes or special assessments.
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(e) The issuance of General Obligation Bonds.
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(f) The letting of '',contracts.
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(g) Salaries of City employees.
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(h) Emergency ordinances.
(i) Any measure required tobe enacted by State or
I!
federal law.
(j) Amendments to this Charter. i
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(k) Amendments affecting the City Zoning Ordinance,
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except those affecting a tract of land two acres or more in size.
(2) Resubmission:
No initiative or refer d
en umetition shall
hall
be filed within two years after the same measure or a measure substan-
tially the same has been submitted to the voters at an election.
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(3) Council Repeal, Amendment and Reenactment. No ordinance'
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proposed by 'initiative petition and adopted by the vote of the Council,
without submission to the voters, or adopted by the voters pursuant
to this article, may for two years thereafter be repealed or amended
4 1
except by a vote of the people, unless provision is otherwise made in
the original initiative ordinance, No ordinance referred by referendum
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petition and repealed by the vote of the Council without submission to
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the voters, or repealed by the voters pursuant to this article, may
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be reenacted for two years thereafter except by vote of the people, 'un-
less provision is otherwise made in the original referendum petition.
C. Construction.
(1) Scope of Power. It is, intended that this article confer
broad initiative and referendum powers upon the qualified voters of the
'
City.
(2) Initiative. It is intended that (a) no initiative peti-
because,
tion will be invalid it repeals an existing ordinance in whole
'
or in part by virtue of proposing a new ordinance and (b) an initiative
petition may, amend an existing ordinance.
(3)Referendum. It is intended that a referendum petition
may repeal an ordinance in whole or in part.
'
U. Effect of Filing Petition.' The filing of an initiative or re-
ferendum petition does not suspend or invalidate any ordinance under
consideration and such ordinance shall remain in full force and ef-
fect until its amendment or repeal by Council pursuant to Section 7.05A
or until a majority of the qualified voters voting on this ordinance
I
vote to repeal or amend the ordinance and the vote; is certified.
E. City Obligations. ` An initiative or referendum vote which
repeals an existing ordinancein whole or in part does not affect any
1
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obligations entered into by the City, its agencies or any person in
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reliance on the ordinance during the time it was in effect.
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Section 7.02. Commencement of Proceedings; Affidavit.
A. Commencement. One or more qualified voters, hereinafter re-
"petitioners,"
ferred to as the may commence initiative or referendum
'
proceedings by filing with the City Clerk an affidavit stating they
will supervise the circulation of the petition and will be responsible
for filing it in proper form, stating their names and addresses and
specifying the address to which all relevant notices are to be sent,
and by setting out in full the proposed initiative ordinance or citing
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the. ordinance, sought lto be reconsidered.
B. Affidavit. The City Clerk shall accept:the affidavit for
filing if on its face it appears to have signatures of one or more
tqualified
voters, the City Clerk shall issue the appropriate pets -I
tion forms, to thepetitionersthe same day the affidavit is accepted
'
for filing. The City Clerk shall 'cause to be prepared and have avail-
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able to the public, forms and affidavits suitable for the commencement
of proceedings and the preparation of initiative and referendum peti-
eti-tions.
tions.
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Section 7.03., Petitions; Revocation of Signatures.
A. Number of Signatures. Initiative and referendum petitions
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must be signed b qualified .
8 Y q voters, in number to at least twenty-
'
five percent of the number of persons who voted in the lastregular
City election, but by not fewer than two thousand five hundred quali-
fied voters.
B. Form and Content. All papers of a petition prepared for
filing must be substantially uniform in size and style and must be
assembled as one instrument. ,Each signature on the petition must be
'
followed by the address of the person signing and the date the signa-
ture is executed. petitions,prepared for circulation must contain or
have attached thereto_ throughout their circulation the full text of
the ordinance proposed or sought to be reconsidered. The petition
'
filed 'attached
with the City Clerk need have to it only onecopy of
the ordinance being proposed or referred.
'
C. Affidavit of Circulator. Each paper of a petition containing
signatures must have attached to it when filed an affidavit executed'
by a qualified City voter certifying: the number of signatures on the
paper, that he or she personally circulated it, that all signatures
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were affixed in his or her presence, that lie or she believes them to
i'
be genuine signatures of the persons whose names they purport to be
and that each signer had an opportunity before signing to read the
'
full text of the ordinance proposed or sought to be reconsidered. Any
person filing a false affidavit will'.be liable to criminal, penalties as
'
provided by State law.
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D, Time for Filing Initiative Petitions. Signatures on an ini-
D.
tiative petition must be secured and the petition filed within six
months after the date the affidavit required under Section 7.02A was
'
filed.
i
E. Time for Filing Referendum Petitions. Referendum petitions may
;be filed within sixty days 'after final adoption by the Council of the
'
ordinance sought to .be reconsidered, or subsequently at any time more
than two years after such final adoption. The signatures on a referendum
(secured
petition must be during the sixty days after such final adoption;
however, if the petition is,filed more than two years after final adop- '
tion, the signatures must be secured within six months after the date the
'affidavit
required under Section 7.02A was filed.
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F. Revocation of Signature. Prior to the time a petition is
filed with the City Clerk,`a signatory may revoke his or her signature
for any reason by filing with the City Clerk a statement of his or her
'
intent to revoke his or her signature. After a petition is filed,a
signatory may not revoke his or her signature. The City Clerk shall
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cause to be prepared and have available to the public, forms suitable
for the revocation of petition signatures.
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Section 7.04. Procedure atter Filing.
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A. Certificate of City Clerk; Amendment. Within twenty days after
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it
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a petition is filed, the City Clerk shall complete a certificate as
to its sufficiency, specifying, if it is insufficient, the particulars
'
it is defective 'shall send of the
wherein and promptly a copy certifi-
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cate to the petitioners by registered mail. A petition certified in -
:sufficient for lack of the required number of valid signatures may be
'
amended once if one or more of the petitioners files'a notice of In-
tention to amend it with the City Clerk within two ,days receiving
'
,after
such files
a copy of certificate and a supplementary petition upon
additional papers within fifteen days after receiving a copy of
such certificate. Such supplementary petition shall comply with
the requirements of Subsections B and C of Section 7.03, and within
five days after it is filed; the City; Clerk shall complete a'certi-
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ficate,.as
to the sufficiency of the petition as amended and promptly
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send aicopy of such certificate to the petitioners by registered mail
as in the case of an original petition. If a petition or amended peti-
tion La certified sufficient, or if a petition or amended petition is
certified insufficient and one or more of the petitioners do not amend
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Council Subsection Section
or request review under B of this within
'
the time prescribed, the City Clerk shall promptly, present the cer-
tificate to the Council.
B Council Review. If a petition tion has been certified i suff i-
cien[ by the City Clerk and one or more of the petitioners do not file
notice': of intention to amend it or if an amended petition has been cer-
1
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tifledrinsufficient by the City Clerk, one or more of the petitioners
'
may, within two days after receiving a copy of such certificate, file
with the City Clerk .a request that it be reviewed by the Council. The
Council shall review the certificate at its next meeting following the
filing of such a request, but not later than thirty days after the ll,
filing of the l,request 'for review, and shall rule upon the sufficiency
'
of the petition.
C. Court Review; New Petition. Each qualified voter has a right
'
j f', Council's determination as to the sufficiency of
to-judicial review o I
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a petition. Proceedings for judicial review will be equitable in na-
a-ture'and
ture andmust 'be filed in the State District Court! for Johnson County.
'
The right to judicialreviewis conditioned upon the timely filing of
a request for Council review under Section 7.04B, and the 'filing oflthe
1
petition for court review within thirty days after determination byl�
Cuuncil as to the sufficiency of the petition. A determination or in-
sufficiency, even if sustained upon court 'review, shall not prejudice
the filing of a new petition for the same purpose.
'
D. Validity of Signatures. A petition shall be deemed suffi-
tient for the purposes of Section 7.04 if it contains valid signatures
in the number prescribed by Section 7.03A and is timely filed, even
'
though the petition may contain one or more invalid signatures. A
signature shall be deemed valid unless it is not the, genuine signs-
- ,
ture of the qualified voter whose name it purports, to be,!or it was
i
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not voluntarily and knowingly executed. Avalid signature need not
be in the identical form in which the qualified voter's name appears
on the voting rolls.
Section 7.05. Actionlon Petitions.
A. Action by Council' . When an initiative or referendum peti7
tion has been determined sufficient, the Councillshall promptly
consider the proposed initiative ordinance or reconsider the referred
ordinance. If the Council fails to adopt a proposed initiative ordi-
nance without any i change in substance within 'sixty days or fails to re-,
peal the referredordinance within thirty days after the date thelpeti-
tion was finally, determined suM
icient, it shall submit the proposed
or referred ordinanceto the'qualified voters of the City as hereinafter
prescribed. Council may refuse to submit to the voters an ordi a
n nce
which has been proposed or referred in accordance with the provisions
of this article only if the petition is deemed insufficient pursuant
to Section 7.04. if at any Mime
ime mo re than thirty days before a
scheduled initiative or refer : endum election:Cou ncil adopts a proposed
;
initiative, ordinance without any change in substance or repeals a re-
ferred ordinance, the initiative or referendum proceedings shall ter.-
er-
minate
minate and the proposed or referred ordinance shall not be submitted
to the voters.
B. Submission to Voters, The vote of the City on, a proposed or
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referred ordinance shall be held at the regular City election or at the
'
general election which next occurs more than thirty days after the ex-
piration of the appropriate sixty or thirty day period provided for,
'
consideration or reconsideration in Section 7.05A, provided, however,
that Council may provide for a special referendum election on a referred
ordinance any, time after the, expiration of the thirty day period pro-
'
vided for reconsideration in Section 7.05A.Copies of the proposed or
referred ordinance shall be made available to the qualified voters at
the polls and shall be advertised at the City's expense in the manner
�� of the Cit Code of Iowa. the
' �� 65 Y
required for questions in Section
subject matter and purpose of the referred or proposed ordinance shall
'
be indicated on the ballot.
Section 7.06. Results of Election.
A. Initiative. If a majority of the qualified electors voting on
initiative ordinance vote in its favor, it shall be considered
a proposed
adopted upon certification of the election results and shall be treated
'
in all respects in the same manner as ordinances of the same kind 'adopted
_ .. -1-11% ♦F ......F1 4..H11 ..
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C. if a petition signed by voters of the City equal In number
'
to ten percent of the persons who voted at the last preceding regular
City election is filed with the Council proposing an amendment to the
'
Charter, the Council must submit the proposed amendment to the voters
at a City election, and the amendment becomes effective if approved
by a majority'of those voting.
Section 8.02. Charter Review Commission.
tThe
Council, using the procedures prescribed in Article V, shall
establish a Charter Review Commission at least once every ten years
1
following the effective dateof this Charter. The Commission, consisting,
'
of at least nine members, shall review the existing Charter and may,
within, twelve'' months recommend any Charter amendments that it deems. fit.
The Council shall submit such amendments to the voters in the form pre-
,
scribed by the Commission, and an amendment becomes effective when ap-
proved by a majority of those voting:
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Dated this 22nd day of June, 1973.
David Baldus Brad DeCounter
Patricia Cain James Knight
Robert Corrigan William Meardon
` f
Penny Davidsen Clayton Ringgenberg
'Dale
Welt