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HomeMy WebLinkAbout2016-01-19 TranscriptionPage I Council Present: Botchway, Cole, Dickens, Mims, Taylor, Thomas, Throgmorton Staff Present: Fruin, Dilkes, Karr, Andrew, Yapp, Bockenstedt, Boothroy, Morris, Korpel, Ford, Bollinger, Havel Others Present: Neal, Simpson (UISG) Questions from Council re Asenda Items: Throgmorton/ Oh, I should be more clear about this. This will be the first time that we've televised our work sessions. So we're doing it on a rather experimental basis. We're gonna see how this goes from the point of view of participants up here and the staff, and we're also gonna see how it goes from the point of view of the public, hopefully get feedback, uh, both from you, Councilpeople and staff, and from the public. I ... I don't know where the cameras are. I guess over there and there. So, uh, this is, uh, our work session for Tuesday, January 19 , 2016. Questions from Council about agenda items. ITEM 5. 2016 WASHINGTON STREET STREETSCAPE PROJECT, CLINTON STREET TO LINN STREET - APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT, AND ESTIMATE OF COST FOR THE CONSTRUCTION OF THE 2016 WASHINGTON STREET STREETSCAPE PROJECT • CLINTON STREET TO LINN STREET, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH NOTICE TO BIDDERS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Dickens/ Well I know I'm going to probably have to recuse myself from #5. That's the Washington Street. Throgmorton/ Okay. Dickens/ Do I ... do I have to on that, for the ... public hearing? Dilkes/ No, I don't think you have to. Dickens/ Okay. I just want (both talking) Dilkes/ I mean if we get into conversations about... compensation or ... or your ownership of your property, then ... that may be a different issue, but for ... simply for purposes of...of setting the public hearing on the project and awarding and the project, I don't think that's a problem (both talking) Dickens/ Okay, I just wanted to ... I should have asked you before, but I thought we'd talked about it a little bit. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 2 ITEM 2d(1) PRAIRIE HILL FINAL OPD- RESOLUTION AUTHORIZING THE MAYOR TO EXECUTE A DEVELOPER'S AGREEMENT AND EASEMENT AGREEMENTS, AND ACCEPTING THE DEDICATION THEREOF, ASSOCIATED WITH THE FINAL PLANNED DEVELOPMENT OVERLAY (OPD) PLAN FOR PRAIRIE HILL, IOWA CITY, IOWA ITEM 2d(11) 2016 LEGISLATIVE PRIORITIES- ESTABLISHING THE CITY'S 2016 LEGISLATIVE PRIORITIES ITEM 2d(13) ICDD FUNDRAISING - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT FOR FUNDRAISING EXPENSES ASSOCIATED WITH THE ART WORK PORTION OF THE NORTH PEDESTRIAN MALL IMPROVEMENT PROJECT AT A NOT TO EXCEED COST OF $50,000 Thomas/ So, Jim, I ... I, um, Prairie Hill is back up. So, um... Throgmorton/ Yeah, that's what, uh, 2d(1) (both talking) Thomas/ ... 2d(1) ... and then I would ask that, um ... two other items, uh, 2d(11), which is the 2016 legislative, the priorities and... Botchway/ Wait a minute! Wait a minute. So you want to remove (several talking) Okay, but then the rest (mumbled) Okay! Just want to make sure. Thomas/ Uh, so the 2016 legislative priorities, 2d(11) and 2d(I3), the ICDD fundraising... item. Throgmorton/ Okay, 2d(1), 2d(11), and 2d(I 3 ) Thomas/ Uh huh. Throgmorton/ All right. They will be moved out of the Consent Calendar and considered separately in sequence. Karr/ We'll just have one motion to adopt the Consent Calendar minus those three. Throgmorton/ Okay. Karr/ And then we'll vote on each one separately. Throgmorton/ Okay. Thomas/ Where will those occur on the agenda then? Karr/ They'll be right after the adoption of the Consent Calendar typically. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 3 Thomas/ Okay. Throgmorton/ Okay, other agenda items? ITEM 2d(2) SIDEWALK CAFE POLICY • RESOLUTION REVISING THE SIDEWALK CAFE POLICY TO WAIVE THE ANNUAL FEE AND TO REQUIRE TEMPORARY FENCING DURING THE STREETSCAPE PROJECT ON WASHINGTON STREET Botchway/ Uh, 2d(2). I was wondering, it...it brought up, um, in the memo the waiver of fees. It shows the amount that we were going to lose, but what is the amount that we actually generate? Fruin/ Well the... Throgmorton/ (mumbled) Fruin/ First of all just to clarify (both talking) Throgmorton/ ...topic... Botchway/ Sidewalk, uh, cafe policy. Fruin/ So this item, uh, the staff recommendation is to, uh, have the Council waive the cafes, uh... uh, fees, just for 2016, just for those, urn ... businesses that are within the project area, the Washington re ... reconstruction project area, and um, I think as the, uh, the memo has numbers in there. There's nine cafes and (both talking) Botchway/ Right. Fruin/ I don't recall the exact number off the ... off the top of my head, but ... those are the fees that we've received from those businesses last year, or this ... this last cafe season. Um, so we were... expressing to you what that value is. That said, if you don't ... if you don't agree, and you want to continue to charge that fee, I wouldn't expect that we'll receive that same amount. I think there's going to be some businesses that ... that will probably say it's not worth it for us to have a cafe, um, in 2016 because of the project. So, somewhere south of that number is ... is realistically what we're looking at, as ... as our foregone revenue. Botchway/ Well let me ... let me kind of ask it in a different way, cause you know, I don't see anything wrong with the recommendation. I guess my question is ... is, you know, it kind of talked about as the, um, construction progresses throughout that area, um, you know, um, some folks are going to leave their cafes up, some folks weren't, um, depending on where the construction is, but then we would be saying that throughout you would not be picking up any of those fees, even though some folks may have the cafes going. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 4 Fruin/ Correct. Yeah, there ... there certainly will be times where ... where the cafes are ... are functional and may not be the best outdoor dining environment, but ... for instance, we ... we typically allow folks to start to, uh, put up their cafes in March. The project doesn't start until April, after ... after the Olympic trials. So I expect that most of the businesses will get their old fencing out from last year, put that up for a month, and uh, the ... the properties on the east block, so you can think Java House, Quinton's, Chop House, um, the construction doesn't actually get to them until after July 23rd is our projected, is our projection. So they could operate their existing cafes for a long period of time. I still think there's a diminished value to those cafes because the .... the construction a block away from them is ... is going to create some noise and some dust, uh, that's, um, probably not very appealing for people wanting to ... to dine outside. Botchway/ Thanks! Throgmorton/ So, John, you .... you suggested, uh, removing Item 2(11), uh, 2d(11) from the Consent Calendar. We could discuss that in the work session now to ... to assess whether, you know, what your rationale is and whether or not ... you know, whether we can deal with it now, instead of waiting till then. ITEM 2d(11) 2016 LEGISLATIVE PRIORITIES- ESTABLISHING THE CITY'S 2016 LEGISLATIVE PRIORITIES / Thomas/ Um ... I was, the reason I ... I raised it was ... whether, uh, and Geoff, I don't know what the schedule is on submitting that, but (clears throat) uh, the ... the urn ... the thought I had was a ... a minor revision to the language in that. Fruin/ Sure. Typically we would bring these to the Council in November or December, but knowing that the ... the election was occurring and that new Council would be seated in January, you're getting a ... a delayed submittal. So, um, it ... normally these would have already been submitted to, um, our representatives in the Governor's office. I think it's, you know, fine. You can probably make some changes at the table here tonight and we can get them off, um, you know, within the next couple of weeks. That said, if there's not agreement and you want to revisit this in February, I don't see that as a big ... (mumbled) big problem. These are all carry-over items from last year's legislative agenda. You all haven't had an opportunity to really talk about, um, what your agenda may be. Um ... but these are issues that staff still feel are very important, so we've put them back in front of you. Cole/ Well like for example ... I'm sorry, go ahead, Susan! Mims/ I was just going to ask what kind of minor language changes were you thinking about, John? Thomas/ Um, there was no, for example, no mention ... it was, you know, some of the actions or directions that might be taken to improve, um ... biking and um, light rail or rail, regional rail, you know, I ... I don't have the document in front of me, but I just wanted to ... to make This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 5 sure that they emphasized... in the, what I would consider to be the proper order with respect to the alternatives, which would be, um, walking, bicycling, public transit, and regional rail, just to, you know, sort of set up .... um ... those ... those alternatives to the, urn ... you know, to the dependency on ... on automobiles. Cole/ Well I guess to the extent we can, of course it's usually good to get, you know, early, uh, agenda to the legislators so they have a chance to look at it, uh, but I ... I would like to see if we could bump it for a couple weeks because for example this question of the 21St century University of Iowa. Of course I think everyone wants that. I think what's meant by that, um, you know, there ... there is a healthy discussion going on about the direction. Um, and I think it's important that we know what that is. Any ... any feedback on that particular, uh, item? Frain/ That generally just means that we support the University of Iowa's legislative agenda. Cole/ Okay. Frain/ So whatever their administration develops, and ... and we don't ... (both talking) actively really lobby for those. I mean that's not our ... our main focus, but uh, that said, we do make it known that, um, you know, the ... the positive impact that the University has (both talking) Cole/ Of course, yeah... Frain/ ...to contribute to their ... their, um, growth. Cole/ Okay. Throgmorton/ I would support John's suggestion with regard to, I guess, uh, Item 3 in the legislative priorities having to do with transportation. That ... that would be where it would fit, wouldn't it, Geoff? Fruin/ Yes, it would. Botchway/ So you're ... just to be clear, John, you're saying that you wanted to, um, in support of 3, just add additional, um, information as far as what you feel is (both talking) Thomas/ Right, I mean I ... I found the document. I can read it now if...if that would be useful. Um, you know, the current language is (clears throat) examples of such dir ... diversification measures include regional passenger rail, as well as enhanced funding for transit and bicycle accommodations. And I would suggest that we say, uh, diversification measures include pedestrian, bicycle, and public transit accommodations, as well as regional passenger rail. Throgmorton/ John, your ... you're quoting from what the Metro Coalition's ... (both talking) This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 6 Thomas/ No, these are I (several talking) Fruin/ ...the resolution. Thomas/ ...resolution. Throgmorton/ I'm okay with that. (several talking) Uh, I'm counting three. Mims/ Yeah, I mean that's fine. I ... it gets it in there, I think ... (laughs) the reality is that the legislators, if they look at this at all, are going to look at the bullet points and the chances of them reading the fine print, because of so much stuff they get, um .... but I, I mean, I don't have a problem with the language. Throgmorton/ So, John, do you think we ... do we need to amend something in the, uh, during the formal meeting or (both talking) Karr/ You could adopt it as amended, reading that into it, if you'd like to proceed tonight. Mims/ I think we should proceed. I think legislature's already in session. I think we (both talking) Throgmorton/ I do too. Mims/ ...it's detrimental to even getting people to read this stuff. Dickens/ ...put that in there as amended. Dilkes/ So whoever makes the motion, maybe, John, you make the motion, and to ... uh, for the resolution with that amendment and then we don't need an amendment. We can just... Karr/ To adopt it with that amendment, yes. Thomas/ So make a ... a motion to amend? Dilkes/ No, you'll make a motion to adopt the resolution with that change in language. Botchway/ So we will still remove it from the Consent Calendar. Throgmorton/ Yes. Okay, on a related point, I want to mention, uh, to my fellow Councilpeople and to ... the City Manager's office, uh, that last week Simon and I participated in a phone conversation with Governor Branstad and four, I think four other mayors from ... members of the, who are members of the Metro Coalition. Andrew/ Correct. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 7 Throgmorton/ And the ... the Governor was, uh, basically telling us about his proposed school tax water quality initiative. And... basically asking for support. Uh.... we had a cordial conversation and I indicated that I ... I would need to consult with other people, namely you (laughs) uh, and with City staff and ... and probably some other people, but definitely, uh... um, you. So, um, at some point... probably not right now, uh... we would need to decide whether or not we want to support the Governor's initiative. Or his proposal. So ... we could discuss that at our next work session, if that sounds reasonable to you. So, yeah... Fruin/ What I ... what I might suggest, these ... these are frequent topics of discussion with our Metro Coalition and, uh, the ... the Iowa League of Cities, and um, I think we can ... we can vet some of this with those groups and .... and even have some conversations, for example, with the School District officials who ... who are certainly impacted by the proposal, and ... and get back to you. Urn .... uh, at a ... at a later date. I think two weeks might be a little too soon for that approach cause the, um, the proposal will likely, uh, get shaped and ... and molded. into different forms, uh, throughout the legislative session (both talking) Throgmorton/ Yeah, there's no draft legislation even yet, right, so ... yeah. Okay. That sounds reasonable (both talking) Fruin/ We do for the Council's benefit we do have a lobbyist that we employ and we contract with the Davis Brown Law Firm, on our behalf, and they are, urn ... uh... very willing to provide us, uh, statements, uh, analyses of...of different policy issues and so we can ask them to ... to take a careful look at this one and, uh... uh, they don't necessarily give us a recommendation. It's not their role, but they can, uh, fully vet the proposal and talk about the, uh, legislative process it'll go through. So that could be the impetus for reviewing it. We could ask them to prepare that. Throgmorton/ Okee doke. Urn ... John, you also suggested, uh... pulling Item 2d(13)... Thomas/ Uh huh. Throgmorton/ ...from the Consent Calendar, having to do with the art project on ... on the ped mall. Why? ITEM 2d(13) ICDD FUNDRAISING - RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH THE IOWA CITY DOWNTOWN DISTRICT FOR FUNDRAISING EXPENSES ASSOCIATED WITH THE ART WORK PORTION OF THE NORTH PEDESTRIAN MALL IMPROVEMENT PROJECT AT A NOT TO EXCEED COST OF $50,000 Thomas/ Well, it actually ... I think, um, my ... my thoughts on it were I think influenced by our discussion of the budget recen... recently. And, you know, how ... you know how important budgeting considerations are and that we as a Council when considering any specific budget item, uh, often want to think about it in terms of the big picture, because This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 8 we're I would say, um, ultimately responsible for that big picture in terms of how we as a Council make decisions regarding where we ... where we expend, urn ... our budget. And so that was the thought. I ... I would like to see the ... the discussion of that funding for ... um, fundraising for the sculpture to be placed within the context of...a larger framework of the ... the budget, uh, that we consider ... you know with all, you know, with all the factors that go into that, and with some emphasis on the fact that... the... the projects that are now flowing, um ... in the downtown with respect to the streetscape are based on the streetscape map ... streetscape master plan. And ... and that had an implementation chapter in it where there were preliminary budgets established for the various components of...of the streetscape plan. So that's another reference that we can, I think, um, access in terms of talking about any change to the scope of our involvement in streetscape improvements in the downtown. Throgmorton/ So is there a specific action you ... you would want us to (both talking) Thomas/ I would want to defer the ... the, um, that action. Cole/ I ... I agree with John. I'm not in support of the $50,000 appropriation, and to the extent that we have the authority to do so, um, I am not in favor of this. Um, so I guess, Eleanor, is ... would it require our authorization to, uh, allow, uh, Mr. Markus to, um, hire the consultant? Dilkes/ I think that's what the ... what's on the agenda tonight, yeah. Cole/ So ... I ... I mean, I agree with John. I think we do need to look very closely at this particular expenditure, uh, $50,000 is a lot of money. Um ... and I'm frankly not in favor of it, so I think we should more fully develop that. Taylor/ I also agree with ... with John and Rockne. That's a lot of money and we're spending days and days and talking about the budget and I think, uh, this is a lot of money and a big project we ... we need to look more in-depth at. Botchway/ Yeah, the only issue that I have with that, and you know, I ... I'm ... can go either way with this particular project. Um ... you know, there was a process and so we're basically stating that, you know, the folks that were a part of that process, you know, didn't matter, and I just want us to make sure that we .... we ... we're cognizant of that, because we frequently talk about process and wanting to make sure that we think about that kind of moving forward and so, uh, again, I remember the, uh, email exchange ... or not the email exchange. The email from, uh, some of the ... the folks that may have not been, um, highly in favor of this particular project, um, but you know, to that extent, there was somewhat of a process to, you know, have folks become a part of, you know, whatever it was going to be and ... if we're going to ... if we're going to state that we're not, uh, in support of that process, I think we need to then, you know, look at exactly how we're going to do it moving forward, cause I..it, that's kind of the thing that kind of unnerves me about, you know, uh, looking at different things. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 9 Throgmorton/ You can go either way. Botchway/ I can go either way, I just want to make sure that that piece is... Throgmorton/ Susan? Terry? Mims/ I've got a question for Geoff, um, cause, Geoff, you were involved in this, right? With (both talking) Fruin/ Correct, yes. Mims/ Okay. What ... what about ... and I hear the concerns and when I looked at the 50,000 and when we talk about budget issues I do but I have that concern as well, but I also have the concern that this is a big item that needs, um ... it needs kind of a jump start in terms of being able to be successful in terms of the fundraising. Would it be realistic to look at this where we would front up to $50,000, but ... part of the fundraising would pay us back over time, um, to ... potentially diminish ... the City's cost, which maybe would help Councilors feel a little bit more comfortable with this. Fruin/ Yeah, that essentially just raises the bar. Mims/ (both talking) It does. I understand that. Fruin/ (both talking) ...that we need, um .... and you know, I'd ... I'd have to, we're lookin' to Iowa City Downtown District to, uh, you know, they've graciously stepped up to ... to, um, tackle the fundraising, so I'd need to hear from them to ... to see whether they could .... you know, what they thought about that additional 50,000. It's already going to be a ... a tough task to go out and raise this kind of money and ... but ... but there is frankly a lot of enthusiasm, um ... to ... to go out and give it a try. So, um ... it can be set up that way, certainly, and we can move down that path. Ultimately the agreement needs to be between two parties and if the District's not comfortable with this ... with it, they would come back and tell us that and we wouldn't ... we wouldn't have an agreement. Dickens/ What does the City Manager, doesn't he have discretionary up to 50,000 on a lot of projects? Is this more for (both talking) Fruin/ Yeah, um, there ... he ... he certainly could use discretionary dollars. I think we brought this to you in part ... two reasons. One, um, because $50,000 is a significant ask, um, but ... but two, um, before we send a ... a lot of volunteers down countless hours of fundraising and meetings, um, we wanted to ... to really understand where ... where you view this project. Cause if -frankly if the Council, um, does not seem inclined to go down this path and wants to change course with that north pedestrian mall, uh, plan, um, then we don't want the Downtown District and ... and certainly they don't want to be spending the time, uh, talking to donors about fairly substantial gifts or planning community activities that will take a lot of hours. So we wanted to get it in front of you fairly early on in 2016, uh, This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 10 because if they do go ... and raise these funds for a 2017 construction, they've gotta get busy, and um ... uh, so... Cole/ This be for the Blackhawk Mini Park piece of it too? Fruin/ Yes. Throgmorton/ Yeah, that's the part we're talkin' about (both talking) Cole/ Well I understand that, but there's also ... there's a $500,000 lens and there's a $2.2 million Blackhawk Mini Park renovation. That's what I'm getting at, is that ... is that coming at the same time in terms of (both talking) Fruin/ Those ... one of the same. Yep (both talking) Cole/ Okay. Fruin/ ...so they would be constructed at the same time (both talking) Cole/ ...has been presented as a separate piece of that. Okay. Um ... I ... I do want to look at this more closely. Um, I'm not supportive of this. I think possibly Susan offered some creative possible solutions on that, but um, I think when we couple austerity for some while focusing on this, I have a problem with that. So I think to the extent that maybe we need to defer on this to allow other community members to weigh in on that. Um, that would be my point of view. Dilkes/ You know ... if I can make a suggestion. It's on your agenda tonight. You've given notice to the public that you're gonna be having this conversation. You don't have to decide ... you can let that conversation happen. You can take that public input, and then you can defer or .... do whatever you want to do at that point. Dickens/ It's going to be pulled out anyway. Throgmorton/ So, uh... I'll share you .... share with you my inclination and that is I ... I'm not prepared to say no to this project tonight for sure, uh, but I am prepared to support deferral of this ... of action on this particular proposal, at least till our next meeting. Uh, to give other people a chance to ... weigh in in certain kinds of ways. Uh, one, uh, possibly I know that one of the email writers suggested was to ... construct mock ... a mock-up of the ... of the sculpture. Uh.... a full-size mock-up. I have no idea whatsoever what that might cost, and whether it would be a reasonable thing to do. What I do know is that it really would give us a sense of the scale ... and its effect on ... on the feel of the site. So, I'd ... I'd like to see that possibility considered, but I don't know what it would cost either. And that's ... that same, uh, writer suggest ... made comments about, uh, the sterility of the ... of the area around the proposed sculpture and uh, I don't know that it necessarily would end up feeling sterile. I think the public would have ample opportunity to use that space in ... in the ways they see fit, but I don't know either what ... what our, what the staffs This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page I 1 intentions are for that site. So I'd like to probe those things a bit more. Uh, and to hear what others say, and I know, uh, Susan, you and I have talked a little bit about beauty's in the eye of the beholder. I think there's an opportunity for what's ... what one might call inter -subjective agreement, that comes from hearing people articulate clearly ... why they think it would be a great project, why it's beautiful, why it deserves to be built and all that, and to hear other people articulate clearly why they think it's ugly, shouldn't be built, and all that kind of thing. And then ... enable us all to understand better what the merits of the project are and so on, and then ... decide how to proceed. Botchway/ Well and let me ... just for a point of clarification. Um, I could go either way as far as, you know, the actual art piece. I'm actually in agreement with this particular item and the allocation that has been given by City Manager. I just, you know, I don't feel any type of way about it. I thin it's a nice piece. Um, but you know if it changed, it wouldn't be any issue. I guess that's my question, is ... is everybody ... is there an issue with the dollar amount or is there an issue with the actual piece of art? Thomas/ Well I'll just add, uh, as I mentioned... earlier the ... the, one of my concerns was looking at the preliminary costs as ... as outlined in the streetscape master plan for the pedestrian mall, I believe were scoped or estimated to be, depending on the final scope, anywhere from two point ... I want to say $2.3 to $3.7 million. If you look at the current CIP, the cost to do ... uh, Blackhawk Mini Park, the Dubuque Street portion of the ped mall, and then the College Street portion of the ped mall, we're about $6.4 million. So that the cost to do the ped mall has increased anywhere from 160% to over 200%. So ... that's a concern (laughs) to me that this ... this project, and ... and part of the reason that the cost may have increased was the change to the treatment of Block ... Blackhawk Mini Park because ... the sculpture, the scope of that sculpture and the work that it entails, covers a larger area because the ... of the placement of the sculpture. So the (mumbled) for example the, um ... the ill ... the illustration in the master plan in terms of what happens there versus what now is proposed. There's a dramatic difference to that scope and materials. Throgmorton/ Okay, yeah, I think we're gonna have to wrap up this discussion. We're going too deeply into it. Uh, so ... we'll have ample opportunity during the formal meeting to consider it further and do it in a more public kind of way. Even though we're being televised as we speak. Okay. We .... should stop... should we stop now cause it's 31 after ... 6? Karr/ Do you want to consider your appointment? You've got one appointment. Throgmorton/ Okay. Karr/ Perhaps! Throgmorton/ ....if we ... if we, uh, stop after we do that one appointment, we will have to reconvene the work session after our formal meeting. That's the way we typically do stuff, and there are a few key things we do need to address in our work session. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 12 Mims/ Well, given that they don't have to reset (both talking) Karr/ ...go farther... Mims/ (both talking) ...10 minutes? Karr/ Yes! (both talking) Throgmorton/ Right. Mims/ ...cause they don't have to reset (both talking) Council Appointments (Agenda item # 7): Throgmorton/ All right. Good deal! Okay! So, uh... we could discuss other agenda items, but uh, are there any other.....one would want to kind of bring up? (several talking) Okay, so we have an appointment to ... the Board of. ... which one is it? Board of Appeals? Karr/ Yes. Throgmorton/ So we have one applicant, is that correct, for the Board of Appeal, for appointment to the Board of Appeals. Uh, and that one applicant is John Forman Gay. Uh, he's currently on the Board, is that correct? I believe that's correct (several talking) Botchway/ Quick ... go ahead! Throgmorton/ Yeah, so, uh, what's your .... what's your desire? Botchway/ Marian, uh, I guess my question is, and I might be reading this wrong, but it says that we need a gender balance requirement for a female? Karr/ I'm sorry. (several talking) Mims/ After 12/14/2015... Botchway/ Right. Mims/ ...we don't need it. Karr/ We don't need it. Botchway/ Right. Okay. Karr/ The gender balance. (several talking) This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 13 Mims/ Right. Throgmorton/ Okay, any objectives to appointing Mr. Gay? Mims/ No (several responding) Throgmorton/ Okay, we'll do that. Uh, shall we convene the work session? No, we're gonna go another 10 minutes (both talking) Mims/ Well I just, yeah, I just thought if at least (both talking) Karr/ ...an announcement about Item 6? You asked to be reminded. Throgmorton/ Right. Which one ... oh, right, thank you! Uh, so ... Item 6 ... housing choice voucher. We're not gonna take any action on that item tonight. The action ... the item will be rescheduled for the February 2 Council meeting. So ... there might be some other items. Let's see, letterhead, um... Karr/ F and G. 4f and 4g. We have a request from staff to defer one of them, and we have a request from the applicant to defer the other. Under Planning and Zoning. Throgmorton/ Right! Karr/ So those'll be motions to defer. Are those the two you're looking for, perhaps? Throgmorton/ I am right now, and there they are because you helped me earlier in the day, and I appreciate it very much! Okay, well I think, uh... I know there's one ... one or two items I definitely thought were worth, uh, mentioning so let me see if I can find 'em quickly. Botchway/ Marian, while Jim's doing that, you can do that both at the same time. So motion to defer both (both talking) Karr/ No, they're two different, urn ... (mumbled) 4f and 4 .... two different dates! (several talking) Botchway/ Okay. Karr/ For -one of 'ern is to May P and one of 'ern is to February 2°d. So just two separate motions. Use of City Letterhead RP # 3 Info Packet of 1/141: Throgmorton/ Okay then, well the next item on the work ag... uh, work session agenda is use of City letterhead, uh, for communications from Council Members. Uh... I don't know that we need to discuss this really thoroughly right now, but it's on the ... this work session agenda because, um, one of us had requested, uh, the ability to use the letterhead, and I had never heard of the darn thing. I didn't know that there was a letterhead policy in the This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 14 first place, so I thought that it would be beneficial for all of us to become (laughs) aware what the policy is, and if we wanted to amend the policy one way or the other, but there's nothing whatsoever to keep any Council Member from using the letterhead... in accord with the current policy right now. I just wanted to make sure we all were aware of what it was. Cole/ (mumbled) Throgmorton/ If you want (both talking) Cole/ Just very quickly, um, I think it needs to be referred to the Rules Committee to change, to be updated. I think the policy itself was about 1987, is that (several talking) Karr/ It was re -reviewed in 2002, but yes. Cole/ 2002, um, because it seems like to me it's a different standard for use of email, as opposed to letterhead. Um, and so ... as I understand the policy now, is at any time if you send something out, one, you obviously clarify that you're acting in your own individual capacity, but two, you have to CC the entire Council, which of course is ... is good to, but that doesn't apply to emails is my understanding, um, so this would prevent routine correspondence, or if you even wanted to send a message to ... uh... uh (mumbled) Councilor, congratulating them on the election. Does that technically trigger the Coun... the policy? It seemed overly restrictive. So I think what I would like to do is just refer it over (mumbled) consideration of the Rules Committee, um, for the consideration. I think that it unnecessarily restricts individual Council Members to send letters, in their own capacity, um, while respecting and uh, taking into consideration the needs of the Council as a whole. So I think it should be referred to the Rules Committee. Dilkes/ I would not ... I would not read the current policy to apply to emails cause I think the current policy applies to the use of the City letterhead. Cole/ I think that's precise in my point is that you can send emails out to people and it does not trigger the CC requirement to the Council as a whole, whereas the letterhead, if you use that, it does is my understanding (several talking) Dilkes/ ...but I think there's a reasonable distinction there, because it's the use of the letterhead which is not used on an email that is the issue. Cole/ Yeah, okay! Dilkes/ It's the....I mean I think what the policy says is that when you use a letterhead that's got the City logo on it, you want to be careful about not implying that there's, uh, Coun... Council approval of it, and that's why the CC, but I don't think you have that same concern with an email, where there's not a letterhead on it. Cole/ Okay. Well, I'd still like it to refer over to the Rules Committee. So... This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 15 Botchway/ I guess (several talking) Throgmorton/ Would anyone else agree? (several talking) Botchway/ I actually don't agree and the reason why ... I mean, not to say that I wouldn't want to meet with Terry cause we don't necessarily (mumbled) (both talking) Dickens/ ...once! (laughs) Botchway/ ...once, yeah (mumbled) The point is ... is that, um ... yeah, I don't ... I don't understand the distinction, Rockne. I mean I feel like, you know, if you're gonna ... if you're ... if you're sending out information to a constituent or whatever the case might be, urn ... that's between you and the other person, but ... I just ... I just see there's a very clear distinction between the letterhead and the email, and I guess I'm unsure (both talking) Cole/ ...understand the basis for it, but I, you know, I just think it would be helpful to allow communication, as ... as a Councilor, um, for ... you know ... so, again, may ... maybe the Council will decide they don't want to do that, in which case that's fine, but I don't want to spend too much time on it tonight. Botchway/ Well I guess one quick thing is, is there any reason why there couldn't be a letterhead created that just has Rockne's name on it? (several talking) Mims/ I have a real concern with individual Councilors using City letterhead in general. I ... I think....by its nature, regardless of what you say and what disclaimers you put on it, that you're speaking for yourself. I think it just automatically infers more authority ... by the nature of using letterhead. Urn ... I personally think that the letterhead really should be restricted to official use by the Mayor and by ... top level City staff that are acting in official capacity for the City. Urn ... that's my personal opinion. I just ... and if...and if we are going to allow individual Councilors, then I .... I agree with the current rule that it should have to be copied to the rest of Council because I ... I do. I don't care what you say in terms of, oh, I'm just speaking on my behalf. The minute somebody sees that letterhead, there ... their automatic natural inclination is to give that letter more authority, simply because of the letterhead, and so... Botchway/ Well and actually to Susan's point, that was something that, urn ... uh, golly now the name is escaping me! Um ... she came before and talked about benches. Mims/ Mary (both talking) Botchway/ Mary, Mary Gravitt! And... Mims/ Matt made a mistake ... Matt made a mistake in, he was sending her a letter and he made a mistake and probably had somebody in his office type it and it went out on his law firm letterhead, which ... you know, she came and complained about it and rightly so, and he This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 16 realized it was a huge mistake. There was nothing legal about what he was writing, but it was the inference that (both talking) Botchway/ ...right, that's what (both talking) Mims/ ...on his law firm's letterhead that he was threatening her or something, which... Botchway/ It made it more than what it was. Mims/ It was, and that's I think the exact same thing with (several talking) Throgmorton/ Seems to me this demonstrates the ... the rationale for bringing this letterhead policy to our attention, so that we even know it exists, and if...if we feel there's something awkward about it ... we should refer it to the Rules Committee. I personally don't think there's anything difficult. I'm ready to kind of continue with the policy as it exists, but if there's support for sending it to the Rules Committee, we need to see four hands ... or basically, you know. Thomas/ I guess ... quick question, Rockne. Are you ... are you opposed to the copying to the other fellow Council Members, cause that seemed to me to be the .... kind of the issue, right? Cole/ Um ... yeah, I mean I think that it should be to the Mayor, um, and to the City Manager, but, um, you know, again. I think if we don't have the votes for it, that's fine. I ... I just think if we're ... uh, we need to be an advocate for things and I think it is something we need to take a look at, but if we don't have the votes we don't have the votes. So... Thomas/ Well I guess I ... I just would simply say I think ... I think the copying, you can advocate. You know, we saw your letter that went out, and I ... and I do support that, but I also support when any one of us ... uh... initiate an action like that, that, uh, it seems appropriate to me that it's copied to the other (both talking) Cole/ .,.fine. Throgmorton /We do have an existing policy and ... and I don't see enough support for sending it to the Rules Committee. Cole/ Okay. Throgmorton/ Okay! So we're out of time, folks. It's 20 till. We need, uh, to take a break. Uh, so that means for anybody who's watching, uh, our ... the work session will be reconvened after our formal meeting ends. I don't know what the televising (both talking) Karr/ Well, the other option is ... certainly I don't know ... you certainly can continue the work session. There might be items that you may feel comfortable at your formal meeting. And that ... for instance, joint agenda items. You don't have to wait to the formal. If you This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016. Page 17 wish to bring them up under ... that's up to you, but if you want to continue with the work session, we don't have any idea what time, no. It'll just run after that. Throgmorton/ Yeah. Good. What do we have left? We've got that, uh, joint meeting agenda. Karr/ Yes, you have a draft agenda in front of you if you wanted to add to it. That's correct. Mims/ So, Marian, are you suggesting that maybe we could bring those up in Council Time at the end of the formal (both talking) Karr/ I'm just saying, as he's making ... as the Mayor is acknowledging that we would talk about the rest of the agenda. I'm not quite sure how much of the rest of the agenda is left to be done, and I just wanted to ... as we give notice, that may also be handled during the formal. That's entirely up to you. You certainly can convene. Throgmorton/ Well ... with your approval, why don't we try to do all that in Council Time at the end of our formal meeting. (several talking) I don't know how much it's going to be. I don't think it's going to be dramatic but you know... Okay, so ... we're gonna adjourn the work session now. This represents only a reasonably accurate transcription of the Iowa City City Council work session of January 19, 2016.