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HomeMy WebLinkAbout2001-08-23 Transcription#2 Page 1 ITEM NO. 2 CHOOSE, BY BALLOT, ONE MEMBER OF THE COUNCIL TO SERVE WITH THE MAYOR AND THE CITY CLERK TO HEAR OBJECTIONS TO THE PETITIONS PROPOSING AMENDMENTS TO IOWA CITY'S HOME RULE CHAPTER PURSUANT TO IOWA CODE SECTION 44.8 Lehman: Do we have a motion? Karr: No motion. Just a ballot. Lehman: Okay, it's a ballot. Now Eleanor would you please explain exactly why we're here and what we're doing. Wilburn: Esoteric question. Dilkes: Well I can't answer that bigger question. Vanderhoef: It's too early. Dilkes: As I've explained in earlier memos there is a procedure in the state code which provides for objections to be filed with the City Clerk to the legal sufficiency of a petition to amend the Charter. We have one of those objections, or two of those objections now Marian tells me. There was another one filed last night. The objection period runs, the five day objection period runs, arotmd 5:00 next Monday. Because we have an objection filed we know that the Committee that is to hear that objection, which by Code consists of the Mayor, the City Clerk, and one member of the Cotmcil chosen by ballot of the Council, because we know that that Committee is going to have to meet given that we have an objection we decided that we would go ahead it would be a good idea to go ahead and get that Committee formed and so that's why you are here today is simply to vote for the third member of that Committee. Lehman: This, I'm sony. Pfab: You go ahead. Lehman: This is a secret ballot. My suggestion to the Council is that we all mark our ballots, cotant them and see if we have one person named and we're done with this. Dilkes: That's essentially the procedure. Pfab: Okay, will these meetings be open to the public? This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 2 Dilkes: The meetings of the Committee? Pfab: Right. Dilkes: Yes. Pfab: Okay, and they'll be posted and... Dilkes: You know there's a question as to whether this is a governmental body subject to the open meetings but we will treat it as such. We will post Pfab: So they'll be posting and... Dilkes: We'll post notice. Pfab: Okay that's fine. Lehman: Okay folks mark your ballots. Karr: Just want to mark your ballots and pass it down and we'll... O'Donnell: When are these meetings going to take place? Lehman: We will set that time I presume. O'Donnell: Have to be fairly quickly. Dilkes: Can we just get the balloting done first. Lehman: Too bad we can't have the music that they play (can't hear) Champion: I know it. Some fanfare here. Pfab: Drum roll. Karr: Seven ballots have been received. And there have been two received for Wilburn, one, two for Kanner excuse me, two for Kanner, two for Wilburn, and three for Vanderhoef. We do not have a majority so it will take another ballot. Lehman: Alright. Karr: Again for the record, two for Kanner, two for Wilburn, three for Vanderhoef. Another ballot. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 3 Lehman: I guess we're going to have too. Another ballot. O'Donnell: Or we can sit here all day as far as I'm concerned. Karr: Happen to have another. Pfab: Tis a rerun. What were those numbers again? Karr: Two Wilburn, two Kanner, tkree Vanderhoef. Just pass them down again .... Lehman: Quietest Council meeting (can't hear) Champion: Too early in the moming. O'Donnell: Pretty easy to count to seven, Ernie. Karr: Easy for you to say, you're not counting. Seven ballots have been received. And we have one for Kanner, three for Wilburn, and three for Vanderhoef. I will have to go make new ballots. Lehman: Go make new ballots we're getting close. Champion: Why can't we just use those, just cross off the "x". Dilkes: No. Karr: I can make another column if you want? Champion: Yea. Dilkes: How ever Karr: I could do another column if you'd like? I don't know whose are whose. Lehman: No, no, no. Just run off another one. We'll sit here and sip our coffee. O'Donnell: Connie this was suppose to be secret you shouldn't have signed that ballot. Dilkes: It's not technically a secret ballot. It's a ballot. You know (can't hear) not that you can't talk about it. (all talking) This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 4 Wilburn: .... pop Lehman: No soda? (all talking) Lehman: Belong to SA? Wilburn: SA? Lehman: Soda anonymous. Kanner: Eleanor, will we get a copy of the objections next Tuesday. Will those be available for us and the public I guess? Dilkes: Objections are all available, I mean they are all public record. Kanner: Okay. Pfab: Can we get copies? Dilkes: They're with the Clerk's office. P lab: Okay. (can't hear) O'Donnell: Nothings easy with this Council. Champion: No, but why couldn't we do like a rim off vote like take the top three out of two and do that instead of just voting ... Karr: Certainly can by motion. Champion: I'd like to move that we take the top two vote getters and have a run off. Lehman: We have a motion to take the top two vote getters, which are Ross and Dee, and vote on those two only. Is there a second? Well? Vanderhoef: I guess. Karr: We do have a second? Lehman: Dee Vanderhoef seconded that and Connie made the motion. All in favor of the motion say aye. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 5 Karr: I'm sorry can I have... Lehman: Let's have a show of hands. Those in favor of the motion raise their hands please. I see four people, and I see how many opposed? There are three opposed. Karr: Okay. So I will ... Lehman: Pass the ballot out. Karr: ... alter the ballot by crossing off Council Member Karmer. Kanner: And everyone else. Karr: I'm sorry that's exactly right, and everyone else. Lehman: Yea. Karr: That's correct. Champion: Cross me out. Pfab: Pass them down. Lehman: One thing about it there wouldn't be a tie this time. Champion: Right. O'Donnell: Don't count on it. Karr: We have seven ballots received. We have three for Council Member Vanderhoef, and four for Council Member Wilburn. Lehman: Ross will be a member. Now as far as the procedure. We, Eleanor, I would assume that Marjan, Ross and I will get together at some point and determine when this group will meet? Dilkes: Yea, we'll have to get the scheduling in place. We'll have to, I think we need to see how many of objections we have to deal with by the end of the day on Monday. Wilbum: Deal with them all at once? This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 6 Dilkes: I think we should deal with them all at once because may get multiple objections that you don't want to deal with separately. Kanner: I would suggest that we set a date now so we don't have to meet to.. Lehman: We don't set the date. Dilkes: You don't have to set a date. Lehman: The three of us set the date. Dilkes: It'sjust the three of them now that will have to deal with it.. Lehman: The Council does not getting involved in setting the date. Kanner: So one I would question that and two, even if that is the case I would suggest that you do that now so that you don't have to meet and give 24 hours notice if we're going to try and apply 24 hour meeting law. Dilkes: Yea, I think we're going to have to give the 24 hours notice. Lehman: Oh, we can do that. But we need to set whatever date works Dilkes: And there are some issues, we have to after the objections come in we're required by Code to serve those by mail on Ms. Dieterle and so because of the time restrictions and the notice requirements it's likely that if you are going to do it next week it's going to have to be Thursday. Now, as I have it's my understanding that the direction of the majority of Council has been that it is not the intention to put it on the November ballot and to file a declaratoryjudgement action. There are two issues here. One, whether it goes on the November ballot and one whether it goes on the ballot at all. If, and in my view only if, Council desires to preserve it's option to put it on the November ballot does this Committee have to meet prior to next Friday. And that has not been the direction of Council to date. Sothat's the scheduling issue. I think we should if at all possible make an attempt to do it next Thursday. But I think we need to wait to see what objections come in, who we have to notice up, and that kind of thing. Pfab: I think that we have to operate under presumption that it will be on the ballot because of the, isn't there a statement that says this must be brought to the voters or to the public in a reasonable time? And if you go past that I think the reasonable time is going to be questioned and we open up ourselves to severe criticism... This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001. #2 Page 7 O'Donnell: I think that we made it very clear the other night that we ought to find out ifit's legal before it goes on the ballot. So. Lehman: Caroline, this is not a meeting that we're going to take public input. We're just... This is procedural only. Eleanor we will get a hold of you. Kanner: I would move to hear public comment. I'll make a motion to hear public comment. Lehman: We have a motion to take public comment. Pfab: I can second that. Lehman: We have a second. All in favor. Show of hands. Opposed. Motion does not carry. Karr: I'm sorry I didn't catch it. Who.. Lehman: It failed. Karr: 3/4? Lehman: Yes. We will get a hold of you and try if possible for next Thursday is what I kinda hear. Do we have a motion to adjourn? O'Donnell: So moved. Vanderhoef: So moved. Lehman: Moved by O'Donnell, seconded by Vanderhoef. All in favor. All ayes. Thank you. This represents only a reasonably accurate transcription of the Iowa City council meeting of August 23, 2001.