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CITY OF I O W A CITY
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M EMORAN D UM
Date: September 23, 2005
To: City Council
From: Eleanor M. Dilkes, City Attorney
Re: State Requirements for City Boards and Commissions
In her memo of July 22, 2005, a copy of which is attached, Planning Director Karin Franklin set
forth the State Code requirements for city boards and commissions staffed by the Planning
Department. The following are state requirements for boards staffed by other city departments:
1) Library Board. Pursuant to Section 392.5 of the Iowa Code, any proposal to alter the
composition, manner of selection, or charge of a library board is subject to voter
approval. Pursuant to Title 11 of the City Code, the Library Board of Trustees consists of
nine members appointed by the Mayor with approval of the City Council, and a county
representative. All members of the board must be residents of the city, except for the
non-resident member, and all must be over the age of 18 years.
2) Airport Commission. Pursuant to Section 330.20 of the Iowa Code, the Airport
Commission may consist of three or five resident voters. The terms of office can be
established by city ordinance but shall be no more than six and no less than three years.
3) Airport Zoning Commission. Pursuant to Section 329.9 of the Iowa Code, the
Commission consists of two members from the City, two from the County and a Chair
selected by majority vote of the other members. The terms must be six years.
4) Airport Zoning Board of Adjustment. Pursuant to Section 329.12, the Board of
Adjustment consists of two members appointed by the City Council, two appointed by
the Board of Supervisors and one additional member as chair, selected by a majority
vote of the other members. The terms must be five years.
Cc: City Manager
Assistant City Manager
City Clerk
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M E M 0 RA N D U M
Date: July 22, 2005 (' ll
To: Steve Atkins, City Manager -
From: Karin Franklin, Director, PCD
Re: State requirements for Boards and Commissions
As requested, we have reviewed State law relative to the various appointed boards and
commissions staffed by the Planning Department. Those include Housing and Community
Development Commission (HCDC), Planning & Zoning Commission (P8Z), Board of Adjustment
(BOA), Historic Preservation Commission (HPC), and Public Art Advisory Committee (PAAC).
Only PBZ, BOA and HPC are addressed in the Code of Iowa.
303.34 A city must provide by ordinance for an historic preservation commission when an
ordinance is enacted designating an historic district. There must be at least three
members; otherwise the terms and numbers of members of the commission are left to
local discretion. Guidance is given as to the expertise of members and that not more
than one-third of the commission can also be zoning commissioners. A representative
from each designated historic district is required.-
414.6 Requirements for a zoning commission are more vague. A commission is required if a
city wants to have zoning. There are no stipulations for number, terms or qualifications.
Reference is made to a city plan commission being able to act as the zoning
commission, but there is no other reference in the Code to a plan commission.
414.7 By Code, the board of adjustment shall consist of 5 or 7 members who will serve for 5
years. A majority of the members must be persons representing the public at large and
cannot be involved in the buying or selling of real estate.