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HomeMy WebLinkAbout2005-11-29 Transcription November 29, 2005 City Council Wark Session Page I November 29, 2005 City Council Work Session 7:45 P.M. Council: Bailey, Champion, Elliott, Lehman, O'Donnell, Vanderhoef, Wilburn Council Elect: Correia UISG Rep: Schreiber Staff: Atkins, Dilkes, Karr Tapes: 05-83, Both Sides ORIENTATION Dilkes/ Okay, I'm going to start. This, hopefully, will be pretty.. . some of it will be pretty elementary for those of you who've been around for a while, but it's, I guess, a good refresher. With respect to open meetings, what... the basic thing you need to remember is that four or more of you cannot discuss City business, except at a called and noticed Council meeting. Action is not required - it's any discussion of any City business. So, we're not going to run afoul of that in the meetings that we all are aware of, so you all just have to monitor yourselves, because those problems are going to occur when we're not around to, you know, remind you. So you just need to be careful about that, and...a meeting has to be noticed, of course, and that's the whole point is to give the public notice of what you're going to be talking about, at least 24 hours in advance, unless there's a genuine emergency. I've experienced that in the time that I've been here. (laughter) But, there's no, you just have to kind of use common sense. We do when we're putting the agenda together as to what is going to be sufficient to give notice about, what we're talking about. You saw in the material there were some examples of that. You know, if you're going to be talking about an increase in water rates, just putting water on the agenda probably isn't sufficient. You need to do something more than that to just give people the idea that you're going to be talking about a rate increase. The things that, the concerns that I always have on this issue are with Council time. You know, we put Council time on the agenda. That really doesn't give anybody notice that we're going to be talking about anything in particular, and that's why you really need to be careful about - if there's an issue that you want to raise, then it's fine to raise it, but then I think what you need to do is say 'can we talk about that in another work session when we can give the appropriate notice.' I always get a little nervous when, you know, an issue is raised at Council time and it turns into this discussion. That really shouldn't be happening. The other time when that concern arises is during public discussion of items not on the agenda. When people come up and they talk to you about something, that's great. They can go on and on for as long as you're going to let them go on and on, but the problem is when you start engaging with them and the Council starts engaging with them on an issue that has not been noticed. That's when we're going to start to have meeting problems. So, you need to be This represents only a reasonably accnrate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 2 careful about that. The meeting's issue a lot oftimes comes up when you all are invited to a presentation or a forum or something like that, and you'll find that we, as a staff, those invitations usually come through Marian and we will then ask typically 'are there four or more of you that want to go to that'. If there are four or more of you that want to go to that, the options really, for open meeting purposes, are number one, that you go and say nothing. Karr! Which has not proven successful. Dilkes! Which has not proven successful, yes. (laughter and several talking at once) So we kind of always say 'well, if four or more of you want to go to a presentation that is dealing with City business' and typically is somehow, you know, like a consultant is making a presentation or whatever, that we'll go ahead and notice it as a meeting and take the minutes just to be. . . Karr! One recent example that I think did work. I believe four of you may have attended the Board of Adjustment discussions on the Shelter House? (several talking at once) But, yeah, I mean....one thing to go, get information, but not say anything, okay? That was one successful time that I think we. . . Dilkes! And I think in those situations where you truly are observers, then that should...that's an okay way to deal with it. But when it's an invitation, and really the expectation is you will be participants, not just tree stumps, then.. . (laughter). That's what Pat White...that's his term. He is the ultimate Johnson County enforcer of the open meeting laws. Karr! State law definition. Wilburn! Just so that you know, there was one time this past year when there were four of us... Bailey! Oh, that's right. They kicked me out. Wilburn! .. .Ernie, we looked at each other and Regenia left! (laughter) Dilkes! You didn't even draw straws, huh? (laughter) Bailey! No, I was kicked out! (several talking and laughing at once) Dilkes! Okay. On email communications, we put some stuff in the packets about that. You know, the best I can say about email is, and I know there are some of you who don't use it at all, but for those of you who really like email and electronic communication, you just need to be cautious about that. You need to be cautious about communicating with other Council members by email because that raises open meetings' issues. In the case law that there has been in other jurisdictions about this, what the courts seem to be doing is looking at those electronic This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 3 communications and making an assessment of whether the communication between a quorum was essentially a simultaneous communication, and ifit is, it's a meeting problem. So, I can't address every kind of electronic communication that you might be involved in among yourselves, but just be conscious of that and be careful about that. The other issue with emails is that emails can be public records. Public records can be in any kind of form, not just paper form, and electronic form is a record, and so, for instance, if we would get, if we would get a press request for all email communications between Council members for the last "X" period of time, you know, we would have an obligation to go looking for those and providing them. What I tell staffis what I would really like to avoid, and I think we haven't gotten a lot of those requests and I think the reason for that is we are pretty forthcoming with the press. I mean, Marian keeps all communications that comes in in a file, that if they want to look at before, look at Council correspondence.. . correspondence that comes to Council before it even goes out in the Council packet, is right there for the press to see, so I don't think they feel like we're hiding a whole lot, and... but I think the more the communication runs through the Clerk's office and by that mechanism is then available to the press and anybody who wants to see it, the less trouble we're going to have with those kinds of issues. The other thing about emails is, I think it's good to set yourself up on a periodic delete, deletion. There's nothing wrong with deleting your emails periodically. The trouble you can get into is if someone's made a request and then you're deleting. That's going to be a problem. I delete...monthly, you know, every Friday...Wednesday when I leave the office, I delete back a month, and you know, if it doesn't work for you to do a month, do something else, but try and make it a regular thing. Now, if there are emails that you want to save in that month, then try and store them in a subject- matter file. So it's easy to access, so... we've heard horror stories of communities that have gotten requests for emails on certain, by certain people on certain subjects, and nobody's ever deleted and they're just like thousands and thousands of these things that the attorney has to go through to figure out is there anything confidential, is there anything personal. . . so, I think that's a good thing to do, is get yourself on a regular, periodic deletion. Closed meetings, there are, as you know, a number of reasons you can close the meeting, like we did tonight. Actually, the one we did tonight is just, technically not even considered a meeting, but we deal with it as a closed meeting. The most common that you'll see are litigation, you know, when we're discussing strategy and litigation, the Council has the right to go into closed session. When we're discussing property acquisition, we have the right to go into closed session. When we're doing personnel evaluations, the subj ect of the evaluation requests a closed session, then you can go into closed session. Those are the most common ones that we do. Elliott! But the subject has to request it. Dilkes/ Yes, for a personnel evaluation, yes, and you.. .the body, it's my opinion, that the body has to have the supervisory authority over that particular employee. I don't know if you remember, but the School District got into trouble with that when I This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 4 think the School Board went into closed session and there was an evaluation of the, one of the coaches, yeah (several talking at once) who was subordinate to the Superintendent and they got into trouble for that because the coach was not their employee, They could have evaluated the Superintendent in closed session, but... Elliott! So, it would be only you three into which we...okay. Dilkes/ Now that evaluation may included how we deal with our employees, but not a direct evaluation. Don't assume that what you say in closed session will never be heard by anybody. There's a couple situations with property, with closed sessions for property acquisition. The Code provides that when that transaction is complete, that is an open, the transcript is open. The other issue when that can come up is in discovery and litigation. If we're involved in litigation, and there's a claim made that something that happened in closed session is relevant to that litigation that may be discoverable by the other party. It's not because it's an open record, it's because it's discoverable in litigation. So, anyways, it's just important not. . . to keep in mind that. . . and the big thing in closed session is to try and limit your conversations to the topic that we closed the meeting for. There are a number of penalties for violation, which are in the violation ofthe open meetings' law, which are in the material. The one that was recently amended by legislature last year is, if the court must remove the person from office if they have a previous violation for which damaged were assessed. It used to be you had to have two previous violations; now it's one previous violation and there's a mandatory removal from office. Vanderhoetl Is that just in one year or over a period? Dilkes/ No, I think it's any previous violation, for which damages were assessed. Well, obviously, we.. . none of you have ever reached that point. Vanderhoef/ .. .read something about in a one-year period. Dilkes/ That's not part of the actual. .. there were a number of revisions, I think, to that. So... Karr/ The liquor laws are like that, Dee, you know, for a period of time. Atkins/ I thought it went with the office. Dilkes/ Yeah, at any time during that. . . Atkins/ ... while you're in the office, you have... Dilkes/ The defenses to an alleged violation ofthe open meetings' act include reliance on a formal opinion of the City Attorney, and that's why any time we go into a closed session, not tonight because that really wasn't a closed session, but This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Wark Session Page 5 normally when we go into a closed session, you get a memo from me telling you what it's about and then usually I put my opinion at the bottom that you're entitled to go into closed session. So.. . okay, voting procedure. Any questions about open meetings? It's pretty...voting procedures is pretty straightforward. It's set out in the memo that's in the packet. Motions, we do very few motions. They are routine matters, kind of to give directions, sometimes we set public hearings by motion, we approve minutes by motion - that kind of thing. Resolutions are statements of policy, approvals to sign a contract - that kind of thing. And ordinances are laws of a general nature, those that we're applying to the behavior of citizens. Motion is the only thing that requires only a majority of the quorum, and that's not something, we almost never deal with that. So, both resolutions and ordinances, unless there's a super majority requirement, require a majority of the members of the body. That means, unless somebody is out for a conflict, it always takes four. Even ifthere's five of you there - so in other words if five of you, if five of you are there and two are absent, it takes four. If five of you were there and two of you are conflicted and so state on the record, it will take three, but that's the only time it's going to take less than four. Super- majority, or extraordinary votes, you've seen that in the zoning context where if you get the requisite number of protests, it takes six out of seven of you or three- quarters, whatever the members of the Council who aren't conflicted are. So... we did have a problem last Council about abstentions being made, not because of a conflict of interest, for some other reason, and the Council did pass a resolution that said if there is an abstention, not for a conflict of interest, then it's treated as a vote with the prevailing side, or in the case of a tie, an affirmative vote. The City Code provides the Robert's Rules of Order applied to our meetings, unless they're.. .well, I don't think it says this, but my opinion is if it's inconsistent with the standing rule of the Council, the Council rule controls. I think that's...yep, oh, conflict of interest. The statement ofthe member that she or he has a statement, or has a conflict of interest, is determined. So... Elliott! Would you say that again. Dilkes! If you would say up there I have a conflict of interest and I can't vote, that's the end of the inquiry. Elliott! Okay. Dilkes! That's not to say that somebody votes... Elliott! We don't need to explain. Dilkes! Um, no, you don't have to explain. Elliott! One of the things that you indicated the other night that a conflict of interest is handled different with Commissions than with the Council, and I wonder why that is, because you said in the Commission they can recuse themselves for a conflict This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29,2005 City Council Work Session Page 6 of interest and still participate in the debate, or discussion. (several talking at once) Dilkes/ Yeah, it used to be that on Planning and Zoning, they had a by-law that required that they, if they had a conflict, that they need to leave the room, and that by-law was amended so that is not the case anymore. Elliott! They can participate in the discussion? Council.. . cannot? Dilkes/ Council can participate. Elliott! Council.. . so.. . Dilkes/ So if Ross doesn't participate in something because of his conflict, because it deals with something to do with the Crisis Center, then he could participate as Director of the Crisis Center. Elliott/ Is that our rules, or is that State ordinance? State law? Dilkes/ We don't have any particular rules about that. Elliott! It just seems odd to me that if you have a conflict of interest that you would be able to participate in the debate. Dilkes/ You're not participating in the debate and you're not voting. You're speaking as a member of the public. Karr/ You're wearing a different hat. Dilkes/ You're wearing a different hat. Wilburn! There's also, correct me if I'm wrong, there seems to be a higher standard associated with the CDBG and Home Funds, according to Administrative Rule. Dilkes/ That's because there's particular Federal rules for CDB and Home...that's a completely different.. .issue. I don't, I don't know that that necessarily means there's a difference with respect to this issue that Bob has raised, but they certainly are completely different issues, which require you to take yourself out of the decision-making role altogether. But what I was going to say about conflict is that even though a statement that you're conflicted is determined for counting the votes, etc., a vote when you are conflicted is not. In other words, if you're conflicted and you vote, that vote could be found null and void if that was, if that is determined to be a problem, which is why you need to, if you have a conflict issue, it's best to raise the issue and people... Elliott! Oh, you mean subsequently found to be... This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Wark Session Page 7 Dilkes/ Yeah... you should certainly feel free that you have a conflict issue to just come in and talk to me and we can try and figure out what we think about it. Conflict... there aren't...you know, it's not like I can open a book and say 'yeah, that's a conflict' or 'no, that's not a conflict'. It's a very fact-specific kind oflook at. ..there's some case law out there, but it's not... Elliott! I did check with you.. .yeah. Dilkes/ Planning and Zoning consultation policy - that's in here. It looks like that's going to be adopted as part of the ordinance, and then we will go ahead and delete the resolution, but essentially, before you take any formal action, if it looks like a majority of you are in disagreement with Planning and Zoning, you have to offer them a consultation. Elliott/ Before the vote? Dilkes/ Yes, before a formal vote. Formal, we checked that the other day, at least the resolution does. I can't say for sure about the ordinance, but I think it's.. . right now it's formal. Karr/ The resolution, shows prior to final action being taken by the Council, but it refers to it in another spot, informal consensus on a planning matter. So I think, again... Elliott! I think that's what you did the last time, Ernie. (several talking at once) Karr/ There's a number of items in here that I'm not going to spend a lot oftime tonight- I think it's pretty self-explanatory and travel policy and if there's certain invitations you receive as a Council member and you would like to attend, would like me to handle registration for you, we can process that. Just let me know, because often I do not, though I may stuff your mailboxes, I will not know if you are intending to go or register you without you letting me know. So if you let me know, I'll be happy to do it. Or if you receive it at home, often I wouldn't know, so you just have to let me know, and our policy is that if you do get invited as a Council member, that we will reciprocate and handle that. Travel policy is noted in here, as well, and I can rather than take your time tonight, I think if you're interested in a City car or something, the check-out policy is in here, but the check-out procedure is not difficult, but it's much easier, I'll be happy to go through that. Atkins/ The checkout procedure is brutal. Karr/ It's scary. (laughter) Lehman! Trucks are much worse. (several talking and laughing at once) This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Wark Session Page 8 Atkins! Okay, contact the staff. I'd like to believe we have a reasonably informal atmosphere here at City Hall, and I think I've shared with you over time, I don't mind you talking directly with Department Directors, please feel free to call them, particularly in very routine matters, things you may be working on on the agenda, If you're more comfortable calling me, and would like me to follow up, that's fine, but you should feel free. The Directors do keep me informed if a Council member checks in on something, so I'm okay with that. I would ask you, if you do need some information, the Director is willing to give it to you. I can assure you that it's with the understanding that it's probably very routine. We can get it, produce it very quickly, but if you think about a major report or something such as that.. .please consult me because it may be something that's difficult for me to judge subordinance, performance on the work that I've assigned if I'm not aware ofthe other assigmnents they may be getting along the way. I think I can say, this group of folks, we try to turn around your information requests pretty quickly, and get them back to you. Again, don't hesitate to talk to the Directors, but I will tell you this in a formal environment, when you do talk to folks below a Director, they are a little intimidated. I know, 'oh no, I'm really a nice guy' and I know you are, but that's.. .it's intimidating. So try to deal with the Director if you can. Okay? Other than that... Champion! (can't hear) (laughter) Atkins! I think it's because they've been through, and they've also been instructed that they are to expect calls from Council members, yeah. Karr! I think the other advantage too in working with the Department Head and/or Steve is that occasionally you may be talking about one particular topic... Atkins! No, go ahead, I want to, I don't know where you're going, but I think...there's one other point I wanted to make. Karr! ... and each of you may think of a staff person who can assist you on it, and one Council member may go to somebody, and somebody else may go to somebody, and we have two different department heads, and two different staff, who is working on the same issue. And so that's counterproductive, and well, so it's much easier to coordinate that, and even in your coordination you could suggest working with another staff member, on their angle as well, rather than going... Atkins! We don't staff all their opinions. I always caution you when you're talking to a Director. If you want their professional opinion on something, that's fine with me. That doesn't necessarily mean it'll be the ultimate recommendation that comes from my office that ultimately gets to you on the agenda, but it has happened on occasion, even innocently. Two Council members will ask two different people to do the same thing, and I'll get two phone calls. Well, who's doing the report? Well, I haven't got any idea what's going on at the time, so just keep that in mind, please. That's all I have. This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of November 29, 2005. November 29,2005 City Council Work Session Page 9 Champion! Well, I think that's more than (can't hear), Steve. I think (can't hear) the fact that we don't want individual Council members to ask for complicated reports. Atkins/ You know, that's true, Connie. You're right, to take that a little further- if! sense it's a report of some complicated sort of nature, I'm probably going to bring it back to you and say 'before we get started on this, are there four of you that are interested in having me pursue this,' particularly if it's going to take some digging. The very routine...I thought I saw a memo on, we'll get that for you. We'll pull that up. Karr/ That goes back exactly to Steve's point about the routine, quick to deliver stuff is one thing, but often, not often, sometimes a Council member will ask and the staff member will be, as Steve said, intimidated and doesn't know how to say "no" so they then pursue a much lengthier research when it was one Council member who wanted it and it doesn't go any farther, but they don't know that. They didn't attend the meeting. So, I think it is much better to have one voice and one request then we're all in agreement then on what you're looking for. Dilkes/In terms of my staff, Amy, I've given this to.. .there's extra here for you all but you've seen this before. This is just the assigmnents in my office. I don't have any problem with you calling members of my staffwho...you want, just want some information on a particular matter like (can't hear), if you just want information on a particular matter, you're free to call them. If you don't have this and you, our secretary has just a quick handle on what everybody in our office is doing so she would know who to refer you to. If it's things, ifthere are issues dealing specifically with the Councilor a conflict of interest that one of you all feels that you have, it's probably best to talk to me, but in terms of all these other, we kind of have our office broken down based on subject matter. (can't hear) free. to call them. I'm in the office...I try and be in the office, I am in the office Monday, Tuesday, Wednesday; I try not to be in the office on Thursday, Friday, but I'm usually always accessible, so that's not a problem, and my staff is very good about calling me if they think I need to be involved. Karr/ Organizational meeting, as you all know, that is the time that we make appointments to Committees, election of Mayor, Mayor Pro Tem, by our Charter must occur no earlier than noon, January 2nd, or later than noon, January 6th, and in a few minutes we'll get into the schedule and the proposed time frame. I think ifwe...the sooner we nail down a time, just because it's typically a busy time of year, it's just easier to have it on our radar screens earlier than later. Just a couple comments about work sessions, formal meetings - included in your packet is the current procedures regarding the, how a work session item or a formal item is added to the agenda. The agenda... the formal meeting agenda is established by resolution. Council may change the order of the items on the agenda by a simple motion each time. Ifit is something you want to do permanently, we should redo that resolution. That is why you have your Consent Calendar at the front end, This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 10 followed by Planning and Zoning matters, then your Public Hearings and your other actions. If there's any interest to change any of that, as I said, it's one thing to do it on a case-by-case basis, if you know you've got a lengthy agenda and the last item is like the Youth Advisory Board and you want to move it up. That certainly is not a problem, if you want to make any permanent changes. Council work sessions, as noted, they... the intention of those work sessions is just that - a work session prior to a formal meeting, or a work session on a particular subject, to give staff direction. Council work session is not a time to take formal votes. It is over the period of years, when I first started, it used to be I :30 in the afternoons, and then it switched to 4:00 and then 6:30 in the evenings. So, there is no set time; that is not established by resolution, it is entirely a matter of practice. Our regular, right now, our regular work session time is 6:30 the Monday preceding the Tuesday meeting. That can change. Again, if we change it by policy to a permanent time, then we should do that, again, so we can give that information out to the public. If it is simply a special time and place, that's what we do is label them "special" work sessions. There are a number of communities across the State, especially that have eliminated work sessions, and they've done that simply because they feel that they are doing too much duplicate of information, and some of that discussion that was held about agenda items on a Monday night, they would have preferred to do it Tuesday night with an audience or Tuesday night on television. So that is sort of a, I won't call it a trend, but it is something that, a work session takes on the personality of its participants, and over a period of time, it changes in any direction, but it is something to consider the advantages and disadvantages, I don't know if it was a disadvantage, but you know, I know in some communities, some of the citizens didn't want to come twice, Monday and Tuesday, to watch their items. Some communities have split up items, and for instance, they may do Planning and Zoning night is Monday night. So on Tuesday night you have the rest of the agenda. So those are all things that as a group and as you go through and start talking about different things, there's nothing written in stones on those sessions. There's nothing saying you have to have them a certain, nothing that says you have to be at 6:30. That is what we've been over the past few years. See...I did include just for purposes of discussion, on pages 43 and 44, a draft proposed schedule for January and February. It was just a target. I intended to have holes shot through it. That's fine, but I thought it was better to start with something, rather than have our fruitful discussions of 'how 'bout I :00 on'.. .so, again, I'm not wedded, I'm not disappointed, I had... this is work for everyone. Is there anyone who would like to make some changes? The sooner we can nail down the agenda, we will be very soon setting public hearings on items coming up on future agendas, so as early as December 13th we're going to be setting public hearings for January, (can't hear) don't know when to set them for. We're going to be wording bids, things of that nature, so, again, this is just something - target practice - can we talk about it. We can start at the very beginning, the organization meeting. I have suggested Tuesday, the 3rd, 2nd is a holiday. Again, we can do it between noon the 2nd and noon the 6th. It needn't be 4:00. I picked a time. Is.. .4:00 on Tuesday work? (several talking at once) It's okay, just leave it at that? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 11 Elliott! Tuesday the 3'd of January. Karr/ Again, it depends on how many votes it takes to elect a Mayor and Mayor Pro Tern and we make many appointments. A lot of it, again, depends on the work done preceding the meeting, whether there's going to be a discussion among yourselves, or the Mayor or Mayor Pro Tern is, whether the appointments are going to be agreed to before, whether we're going to have discussion 'gee I really would like to do that' or 'I did that last time; I want to change.' It can be done in as little as ten minutes, it can take a half hour. Elliott! Do you have a listing ofthe standing committees? Karr/ Uh-huh, I have a listing. That is included on page... uh-huh. Elliott! It's in there. Okay. Karr/ I had suggested, our resolution right now, meeting time for formal is the 1st and 3rd Tuesday. In January and February because of the holidays, we run into some problems, so I recommended "changing it to special meetings." So I recommended the 9th and 10th, 23'd and 24t\ and simply plugged in around it then possible budget meeting times. I certainly can make any changes. I'm not wedded to these. They needn't be Mondays and Tuesdays. Again, the sooner we have that discussion agreement you can all put it on your calendars. Champion! I can't allocate myself to this January calendar yet, but I will be able to very soon. I just need to call and see how my market is. Karr/ Okay, that'd be great if we could do it even the next time. Is there any other January conflict? Vanderhoef/ I just want to be sure that people stick in here, February I is going to be State League of Cities Legislative Day, so that's a drive to Des Moines. So if people are thinking about Monday and Tuesday budget sessions and League on Wednesday, it.. .it's doable, it's just a matter of... Karr/ Again, the 31 st, is... would be a special budget work session. It would be the third one...it'd be the fourth one. It depends on what you want to do with the 25th. You may not need the 31 st at all. Bailey/ Well, and I'd also like to do something similar to what we did a couple years ago was some kind of retreat and planning session. Do others have interest in.... Karr/ Like a goal-setting. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. ._~.__._-~-"--_._--_._._--_.~_._--_..~._.- November 29, 2005 City Council Work Session Page 12 Bailey! Goal-setting retreat, facilitated. (several talking at once) I would like to do it early, actually. I think we did it early last time and I thought it was helpful. We did it...I remember doing it pretty early because it was... Elliott! I think our introduction was almost, wasn't it, Regenia? Bailey! Yeah, and it was helpful in budget discussions, from my perspective. Karr! Well, I guess if there's a majority of you who want to do that, and then also if you want an outside facilitator, because that also can lead, you know, it's one thing for us to decide, the other is if you want an outside facilitator, what he or she may have open. So... Bailey! So, I would like that, and I would like an outside facilitator. Are there others? Wilburn! I would agree with that. I think it was helpful just to kind of set the tone and get things going. Vanderhoef! I'm okay with doing a facilitator. Karr! Outside? Vanderhoef! Uh-huh. Karr! And when you, is the majority of you like to do it earlier, being in January, earlier than... what? Elliott! I would prefer that it be in January some time, yes. Connie? Karr! Well, should Steve come back with some dates? Atkins! Steve? Did you assign it to me? (laughter) Karr! Contact (several talking and laughing) Well, I think probably... Atkins! Oh, as far as the dates concerned, whenever you're ready. Connie appears to be the problem because she has to schedule (several talking at once) Bailey! I'm out the 6th, that's one thing I do know now. O'Donnell! Who was the last facilitator? Atkins! Jim Swaim. O'Donnell! That's the one at the water plant? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 13 Atkins! That went well. (several talking at once) And that was very much an.. . had two new Council members. Bailey! I thought that was helpful. Champion! I'm really flexible, but I just need to find out when that is. But if we stuck... Atkins! Think you'd know by the 12th of December? Champion! Oh gosh, yes, I could make a phone call tomorrow. Atkins! Why don't we put it the work session for the 12th of December? Karr! Maybe we can even find out some dates... Atkins! ... if the facilitator is okay.. .I'll check with Jim. Bailey! Are there other facilitators in town too? Atkins! Oh, there's loads of them. Vanderhoef! A little variety would... Atkins! Oh, I'm sure there are plenty out there. I just don't know all that many. You know some, don't you? (several talking at once) Karr! Because we'll corne back... if you have time, Connie, give me a call and we'll put that in the schedule. Steve can have that, and other than that.. . are there any other changes? Bailey! Oh, and daytime on the 10th, no. Karr! Daytime on the 10th. Elliott/10th ofJanuary? Bailey! Dh-huh. Vanderhoef! Speak those up and I'm going to write them in if 1 hear them. I heard Regenia for the 6th. . . Bailey! And daytime on the 10th I'll be back for the meeting but I'm going to be (can't hear). Champion! And I hope we can schedule some of those budget meetings during the day when.. . all so tired. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 14 Karr! That, or honestly, we're looking at the 17th, right now the 17th, 25th, 30th, and 31 st The only time I suggest, you've got the Communication Center Presentation on the 25th and I thought maybe we could dovetail that right after the budget session. Elliott! It's now set? Karr! Yes. Bailey! And the Chamber Banquet is the 19th in the evening, so let's just make sure we don't do that. Vanderhoef! 19th ofFeb...January? Bailey! Yes, at least that's what I have on my calendar. Karr! So, we want to set, or do you want to wait until next time? Do you want to take a look at setting some times on the 17th, 30th, and 31 st? (several talking at once) O'Donnelll We can wait until the 12th. Karr! (can't hear) Agenda prep and distribution deadlines, late items, and things of that nature - agendas will be available to Council members 3:00 Thursday. The deadline is 9:00 Thursday morning. This allows for coordination of the packet. We also scan it and we do outside printing. So there is some flexibility in that 9:00 deadline, but not a great deal. Elliott! Whoa, that's cutting it pretty close. Karr! Yeah, we have a very good outside printer. It really does, especially as you all know, the size of some of those packets. So we do adhere to that so ifthere is any citizen who comes in late with an item, it may have already gone to print, and we will distribute it to you Monday, at your work session, but that's the best we can do. Elliott! The Mayor and the City Manager set the agenda? Karr! The Mayor and the City Manager. Elliott! And when do you do that? Atkins! Oh, it's whenever Ernie's in the building. We do it by phone. I mean, really in a variety of. . . Elliott! Early that week? This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 15 Atkins/ Well, Wednesday morning we start the agenda, Wednesday morning at 9:00 the staff convenes to put their items on the table, and usually by Wednesday afternoon I can give Ernie a heads-up on the informal, informally here's what we've got. (TAPE ENDS) Lehmani ... on a formal agenda. Atkins/ It was pretty much handed to us. Lehman! Right. Hearings have to occur and these things have to happen. There's very little set. Vanderhoef/ Wark sessions are a little different. Karr/ The current procedure on the work session as noted in here, is three Council members can add it to an agenda and if you'd like that procedure changed, this is certainly the group that can do that. (can't understand) commission applications.. . Atkins/ Let me point out, that's not necessary. I mean, a Council member can raise an issue. I would like to have it on a work session ifthere's clear consensus, you know, we will, if there's something that there's some potential conflict... Elliott/ One can suggest, three can (can't hear). Bailey/ .. .ifsomebody's brought it up, but Ernie asked... Karr/ At a meeting is one thing. Are you talking about outside the meeting? Atkins/ No, talking about at a meeting. Karr/ You are, at a meeting. Atkins/ Right, at a meeting it's three. Yes. Karr/ And outside of the a meeting. . . Atkins/ No. Karr/ It's three, okay. Bailey/ We're clear, right? Three. Four is a magic number, but three... Karr/ ...applications...we do advertise and we allow 30-day application period. We have the application deadline always on a Wednesday at 5:00 preceding your appointment, so therefore, any application you would be considering, the deadline This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 16 would be the previous Wednesday at 5:00. Again, we can put it into your packet, have all your applications together. Sometimes we'll get applications late, and it would necessitate you then deferring the appointment or re-advertising. If you defer, you still could not consider the late one, you would have to re-advertise and have the late one put in the pile. The reason the Council got to that point is we had a lot, we had a number of times because people would hold back to see who applied, and then at the 11 th hour come in with a late application, and Council then would feel compelled to appoint the person because it was the only one they had. Had no opportunity to talk to the person. This allows for that. Wilburn! Another 30 days if you re-advertise? Karr/ We try to keep it to around 30 days. We have some flexibility...we're not bound to the same 30 days for are-ad. We try to do it, and we try to match it up to two meetings away, so depending on your meeting schedule, it may fluctuate a little bit. But pretty much.. . any questions on that procedure? And again, that information is in here. Bailey/ Did we agree to keep the 1 st and 3'd Tuesday? Karr/ I have not heard any disagreement. Bailey/ Okay, fine. I'll consider it (can't hear). Vanderhoef/ The only thing that I've looked at is what has happened pretty regular is the first half of the year, until we get to Memorial Day, we do very well on 1 st and 3'd, and after that, the holidays start giving us problems on Monday holidays, particularly. Karr/ 4th ofJuly and Labor Day. Vanderhoefi' And typically, we have had at least a three-week break some time during June, July or August, and for my own planning, I would just as soon set the schedule for the entire year and then if we have to make changes, we can make changes, but having that set through the summer months, knowing when that three-week break is really... Bailey/ I liked it the way we did it this year. We just kept the 1st and 3'd and we just plugged along. O'Donnell/ I thought it was good too. We were able to combine work sessions with the formal and I thought that was (several talking at once). Vanderhoef/ ... than my set on it, and it worked out just fine, but I had my date in early and we sort of planned around who they put stuff on the calendar. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Wark Session Page 17 Karr/ Well, I certainly can, at your next meeting, if you want me to, I could certainly do mapping out of the whole first and third scenario for the year, if you want me to. If you want to take a look at it, but I think (can't hear) at that point, if you want to see how it hits, and make adjustments, you can, but I think Regenia is right. I think what happened this past year that created that same three-week window that you're mentioning is because we made the adjustments because of holidays and had some special meetings. When we got back on track in August, it still created a three-week...okay? So I don't think it was designed as three-weeks, it just came out that way. Now, I haven't looked at it so it won't happen again that way. Often times, too, we have three Tuesdays. And so that makes a (several talking at once) Bailey/ I just like the 1 st and 3'd - you can count on it, you can plan ahead, and, I mean, if you have to miss, you have to miss, and this Council, we haven't had a lot of absence. O'Donnelll No, and I (can't hear). Bailey/ No, the first year we shifted in the summer, but this past year, I think we just chugged through the 1st and 3'd as much as we could, and it worked better. Karr/ ... but I think we picked up the next week. I don't think there wasn't any month went by we didn't have two meetings. Wilburn! I think the 1 st and 3'd works well for me, and like Mike was saying, the public gets into that routine too. What gets to be, in my opinion, problematic for us sometimes, and I know it's convenient, but when we put that, when we get in the habit of putting the work session and the Council session on the same day. My personal opinion is throughout the course of the year, we lose some work session time or some (can't understand) time by doing that. That's just my own personal feeling about it. Bailey/ Well, and I like 1 st and 3'd because my planning window is different than other people's planning window and I can simply plan without waiting for people to bring calendars to adjust according to vacations, and that's just a lot easier for me to work with clients that war I mean, for my personal schedule, so if we could just agree that it's 1st and 3' , except for the budget (several taking at once). Vanderhoef/ ... it's in their budget and League of Cities in March, and we've worked around them then, and that's fine. Wilburn! I think too, in general, you had pointed out that if you need to miss a meeting then you need to miss it. I think in general that it's been in my experience that we've been pretty sensitive to, if there was an important vote, regardless, we made sure it happened where we all could be there. So, I think (several talking at once). This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of November 29, 2005. ----~,----,_._.~---_..__._--_._---'----'---'_.._._-_.."-'--"-"-'---~~----' November 29, 2005 City Council Wark Session Page 18 Elliott! As a matter of fact, Ross, I remember one night when it came up there was a rather important vote and one that you felt strongly about, but you suggested that if someone on the other side weren't going to be there, you'd be happy to hold off on the vote. I think we've been awfully good about doing that. Bailey! Well, and I look back on other Councils, and you look at the votes and people are absent far more frequently than I've seen absentees on this Council. Elliott! This helps me".if we want to take a vacation or have a family reunion, if you want to do something, you just look at...I would suggest that we bring to one of the next few meetings and ifthere is a conflict on one of the 1 st and 3rd, we look at it, and if there's enough people that want to change it, but I like 1 st and 3rd, right through the year. O'Donnelll I do too. Vanderhoef! 1st and 3rd until it hits those holidays, is fine. (several talking at once) Karr! ... by the same token, you'll probably hit Thanksgiving and Christmas if you go 2nd or 4th I don't think there's anything that's going to be perfect for 12 months, Bailey! But if we can kind of count on 1st and 3rd, I think that helps, (several talking at once) Champion! I think like, maybe there's one meeting in August or.. .it's light and give staff a break from all this. Vanderhoef! Most of the holidays (several talking at once) and then November and December. So it's the second six months of the year that we end up doing more changes because of those holidays. Bailey! We'll have to change because of Halloween. . . (several laughing and talking), Vanderhoef! And I was going to come calling to see if you were in costume. Bailey! This year July 4th is a Tuesday. Karr! So ifthe majority". then I just, some quick information. The City Council has a web site on the Iowa City web page. I have printed out pages, bio information that each of you have furnished thus far. Amy will give the bio information (can't hear). We can talk about that when we go through that. Take a look, if you'd like to make any adjustments to your page, deletions, changes. (several talking at once) Vanderhoef! I think Master's Degree in Government. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 19 Elliott! I guess I've never seen...I never looked at it. Karr/ Connie and Mike, I will add your updated term information. If there's any other changes that any of you would like on your pages, please just write right on the page and drop it by and we'll update it. (several talking at once) When you first took office you filled out a.....(several talking at once). Again, the...since we last talked, those of you... we now have wireless internet available in the Council chambers for access. Council information and packets, that information is linked, which is a handy tool to have. It's also available at home, via the internet. We still offer the CD's and we still offer hard copies. It really, I'll be quite honest, it really would be easier for staff to have one means of doing that, but that's not going to happen. (several talking at once) Those who receive hard copy do not always get the color documents because we sent it to the printer at 11 :00. By 3 :00 there's no way to sort through the pages and... Atkins/ How many grandchildren does she have? (several talking and laughing) Champion! (can't hear) Karr/ We do have the laptops available to anyone who's interested in receiving them. We also have the email City address, which is what Eleanor is suggesting in her memo that you use for all City business, and that's a good way also to keep on your laptop.. .you away from personal use of City equipment, which is covered in the memo, as well. Champion! I do want everybody to know I can find the web site now and I can actually find the agenda. Bailey/ But when can we start emailing you, Connie? Champion! (can't hear) Karr/ You each will get an assigned, individual Council email address. Any.. .just like any City employee, right? Anything addressed to the Council as a whole would come directly to me, and then I'll distribute to all of you. Anyone who uses your individual email address, I won't get unless you forward it back. O'Donnell/ How are you able to cut out all the SP AM we used to get? I used to get... Karr/ We have a new firewall, SPAM protector, super-duper.. .that's the trade-off. (several talking at once) It treats, it now, by blocking more emails coming in, and more SPAM, it's more likely to block some (can't hear; several talking). lfthat report, right off, every day you'll get a report of what it blocked, listed singly, and right to the right it'll say "delete" and if you click "release" that will come through. And right next to that. . . This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of November 29, 2005. November 29, 2005 City Council Work Session Page 20 Vanderhoef/ If it goes back, if it bounces back. Wilburn! What it'll do, it'll allow mail coming from their server. That's what it'll do. So if, once you say allow, or release... Karr/ Or you have the option also of always allow this email from the same person. So once you open, once you release the ECICOG Newsletter, okay? And you release it right on the same line where it's listed - it's got a release. You click it and it opens up, and it'll.. .there's a button there that says 'always provide this mail' and it won't go through that protection again. Elliott! My AOL (can't hear). Karr/ Next time it happens, let me know. Vanderhoef/ Well, recently, and I just happened to see Doug Elliott down at the Library, and he said 'did you get it this time'. He says yours are bouncing back. Well, that's just it, and he said they were having trouble with different places within the.... Karr/ Different places within the same server? Different places. . . Vanderhoef/ Within Iowa City. (several talking at once) Karr/ So that's good to know so we can check on it. Atkins/ Tours! Tours can be provided to all City facilities at your, let me know. You can do it again, wait until the weather breaks in the spring. But Amy in particular, if there's some things you haven't seen...we'll set you up. Elliott! As a matter of fact, Regenia, you and I did ours on our own, did we not? Atkins/ What it is.. "give you a schedule and the keys to a car and they'll meet you. (several talking and laughing) Karr/ That's it, unless there's other questions. There's a lot of material in there, but there's no use reading it to you. Any other questions or... Atkins/ In the useless information department, I was asked as this is the first Council that has a majority of women. It is.. . (several talking at once). Elliott! Hey, Amy, welcome in a month. Jeremy, I'm.. .every time I'm awfully glad you're here. I just think it's terrific. Bailey/ We were worried about you. This represents only a reasonably accurate transcription of the Iowa City City Council meeting of November 29, 2005. _._---_._-_..~---~-~--'-_..._----_.,._---------~-_._~----------------~-,--_...,- November 29, 2005 City Council Work Session Page 21 Elliott! Yeah, people have described you as being one sorry son of a gun! O'Donnelll Call or write...(several talking at once) Elliott! Adjourned. This represents only a reasonably accurate transcription ofthe Iowa City City Council meeting of November 29, 2005.