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REGULAR- COWCIti-h1EETING'
April 4, 1989 .47'f .54$ o
IOWA CITY CITY COUNCIL
AGENDA
REGULAR COUNCIL MEETING OF APRIL 4, 1989
7:30 P.M.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
4
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1
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(5) Planning and Zoning Commission meeting of March
16, 1989.
C. Permit Motions and Resolutions as Recommended by the
City Clerk.
(1) Consider a motion approving a Class "C" Liquor
License for Kitty Hawk Co., Inc. dba The Kitty
Hawk, 1012 Gilbert Ct. (renewal)
(2) Consider a motion approving a Class "C" Beer
Permit for Stephen P. Lenoch, dba Leo's Standard
Service, 130 N. Dubuque. (renewal)
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7
AGENDA
IOWA CITY CITY COUNCIL
,1
REGULAR COUNCIL MEETING - APRIL 4, 1989/o.w as J
7:30 P.M. �y
COUNCIL CHAMBERS`"
ITEM NO. 1 -
CALL TO ORDER.
ROLL CALL. �J
ITEM N0. 2 -
MAYOR'S PROCLAMATIONS.
a. Child Abuse Prevention Month - April, 1989.
b. Building Safety Week - April 9-15, 1989.
C. Victim Rights Week - April 9-15, 1989.
d. Spring Clean-up Day 189 - April 16, 1989.
ITEM N0. 3
P` NTAT
PRESENTATCOMMITTEEIOA-w REPRESENTATIVEOF THE�
/
ITEM N0: 4 -
CONSIDER ADOPTION OF THE CONSENT/CALENDER AS PRESENTED OR
AMENDED.
a. Approval of Official Actions of the regular meeting of
March 21, 1989, as published, subject to correction,
as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Airport Commission meeting of February 21, 1989.
(2) Parks and Recreation Commission meeting of March
8, 1989.
(3) Housing Commission meeting of March 14, 1989.
(4) Human Rights Commission meeting of February 27,
1989.
(5) Planning and Zoning Commission meeting of March
16, 1989.
C. Permit Motions and Resolutions as Recommended by the
City Clerk.
(1) Consider a motion approving a Class "C" Liquor
License for Kitty Hawk Co., Inc. dba The Kitty
Hawk, 1012 Gilbert Ct. (renewal)
(2) Consider a motion approving a Class "C" Beer
Permit for Stephen P. Lenoch, dba Leo's Standard
Service, 130 N. Dubuque. (renewal)
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Agenda
Iowa City City Council
April 4, 1989
Page 2
(3) Consider a motion approving a Class "E" Beer
Permit for Claret 8 Friends, Inc. dba Claret 8
Friends, 212 E. Market Street. (renewal)
(4) Consider a motion approving a Class "C" Liquor
License for Season's Best, Inc. dba Season's
Best, 325 E. Washington Street. (renewal)
d. Motions.
(1) Motion to approve disbursements in the amount of
$4,312,194.65 for the period of February 1 thru
February 21, 1989, as recommended by the Finance
Director, subject to audit.
e. Setting Public Hearings.
(1) Consider a motion setting a public hearing at
7:30 p.m. on Tuesday, April 18, 1989, to adopt
the 1989 edition of the Uniform Building Code as
amended. Said Code to be known as the Iowa City
Building Code.
Comment: The Board of Appeals has reviewed the
1988 Uniform Building Code and has suggested
several amendments to accommodate local
conditions and practices.
(2) Consider a motion setting a public hearing at
7:30 p.m. on Tuesday, April 18, 1989, to adopt
the 1989 edition of the Uniform Mechanical Code
as amended. Said Code to be known as the Iowa
City Mechanical Code.
Comment: The Board of Appeals has reviewed the
1988 Uniform Mechanical Code. The Board
recommended Code changes substantially similar to
existing amendments in force.
(3) Consider a motion setting a public hearing at
7:30 p.m. on Tuesday, April 18, 1989, to adopt
the 1989 edition of the Uniform Fire Code as
amended. Said Code to be known as the Iowa City
Fire Code.
Comment: The Board of Appeals has reviewed the
1988 Uniform Fire Code, The Board recommended
Code changes substantially similar to existing
amendments in force.
Agenda
Iowa City City Council
April 4, 1989
Page 3
(4) Consider a motion setting a public hearing at
7:30 p.m. on Tuesday, April 18, 1989, to adopt
the 1989 edition of the Uniform Code for the
Abatement of Dangerous Buildings, known as Iowa
City Dangerous Building Code.
Comment: The Board of Appeals has reviewed the
1988 Uniform Code for the Abatement of Dangerous
Buildings, known as Iowa City Dangerous Building
Code. The Board recommended Code changes
substantially similar to existing amendments in
force.
f. Resolutions.
_
Bel •top— (1) Consider a resolution accepting the work for
sanitary sewer, storm sewer, and paving
improvements for certain lots in Ty'n Cae
Subdivision, Part 3.
Comment: See attached Engineer's Report.
4 AI -b3 (2) Consider a resolution accepting the work for
paving improvements for Ty'n Cae Subdivision,
Part 4.
/ Comment: See attached Engineer's Report.
-489 "IP'I (3) Consider a resolution accepting the work for the
sanitary sewer and storm sewer improvements for
Samuel Drive Addition.
Comment: See attached Engineer's Report.
g. Applications for the Use of Streets and Public
Grounds.
(1) Application from the Phi Delta Phi Legal
Fraternity and the University of Iowa College of
Law to hold the Race Judicata on April 8, 1989.
(approved)
(2) Application from the Reproductive Rights
Coalition to picket in front of the Savings and
Loan Building on College Street on March 29,
April 5, 12, 19, and 26, 1989. (approved)
(3) Application from the University of Iowa
Department of Military Services to hold a
"Cycleteering" event on April 15, 1989.
(approved)
Agenda
Iowa City City Council
April 4, 1989
Page 4
h. Application for the Use of City Plaza.
(1) Application from the Latin American Human Rights
Advocacy Center to have a literature table and
accept donations on March 27 through April 2,
1989. (approved)
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ITEM NO. 5 - PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for April 18, 1989,
on an ordinance to rezone a 19,800 square foot parcel
on the west side of Broadway Street from RM -12 to
P/RM-12. (Z-8904)
Comment: The Planning and Zoning Commission will
consider the rezoning of a half -acre parcel on the
west side of Broadway Street from RM -12 to P/RM-12 at
its regular meeting on April 6. This rezoning
reflects the City's ownership of the land and the
intent to use the land for private purposes. In this
case, the intent of the City is to facilitate
construction of a neighborhood center. This is a
City -initiated application and is being expedited to
meet construction deadlines.
Action: /i<,41/:,/J„i
b. Consider setting a public hearing for April 18, 1989,
on an amendment to the Zoning Ordinance to permit
neighborhood centers in medium to high-density
residential zones.
Comment: In conjunction with Item a. above, an
amendment to the Zoning Ordinance to permit
neighborhood centers in certain residential zones is
being considered by the Planning and Zoning Commission
on April 6. This item is also City -initiated and is
being expedited to facilitate the center project.
Action:
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Agenda
Iowa City City Council
April 4, 1989
Page 5
c. Consider an ordinance to rezone a 5.841 acre parcel
located south of Plaen View Drive and east of Mormon
Trek Boulevard from PDH -8 to RS -8. (Z-8901. First
Consideration.)
Comment: At its February 16, 1989, meeting, the
Planning and Zoning Commission recommended to approve
the proposed rezoning by a vote of 6-0. The proposed
rezoning would permit this southern portion of Ty'n
Cae Subdivision, Part Three, to be replatted into
conventional single-family residential lots. The
Commission's recommendation is consistent with that of
staff. No comments were received at the City
Council's public hearing held on March 21, 1989.
Action: &Akl42L k#
d. Consider an ordinance to rezone a 6.759 acre parcel
located at the northeast quadrant of the Benton Street
and Mormon Trek Boulevard intersection from RS -5 to
PDH -5. (S-8835. First Consideration.) (W&= -,p e,,,,4'
Comment: The applicant seeks flexibility in the 0
development of said parcel to permit the construction
of seven, two-story, four -unit condominium dwellings.
By a vote of 5-1 (Dierks voting no) the Planning and
Zoning Commission recommended to approve the proposed
rezoning at its February 2, 1989, meeting. The
Commission's recommendation is consistent with that of
staff.
Action: ,�,2�7�ln /S% CAye
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Agenda
Iowa City City Council
April 4, 1989
Page 6
e. Consider a resolution extending the expiration date
for the approved preliminary Large Scale Non -
Residential Development (LSNRD) plan for Phases VIII
through IX of Millard Warehouse for a period of 12
months.
Comment: On August 12, 1986, the City Council
approved the LSNRD plan for Phases VI through IX of
the Millard Warehouse Development located at 2710
Highway 6 East. Preliminary LSNRD plans are effective
for a twenty-four month period and, upon written
request of the owners, may be extended an additional
twelve months. In a letter dated March 22, 1989,
Millard Refrigerated Services requests an extension of
its preliminary LSNRD plan for Phases VII through IX
to August 12, 1989. No new regulations have been
adopted nor have circumstances changed which would
affect the proposed development.
Action: "i////rea
ITEM NO. 6 - PUBLIC DISCUSSION.
-0-
ITEM
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ITEM NO. 7 - PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 15 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY
REPEALING SECTION 15-66 THEREOF, AND ENACTING IN LIEU
THEREOF A NEW CODE SECTION TO BE CODIFIED THE SAME,
PROVIDING FOR THE ESTABLISHMENT OF A DELINQUENCY DEPOSIT
FOR COMBINED WATER AND/OR SEWER AND/OR SOLID WASTE
COLLECTION ACCOUNTS.
Comment: This public hearing was continued from the March
21, 1989, City Council meeting.
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Action: ( t� a&46 i,o Jy Y//
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Agenda
Iowa City City Council
April 4, 1989
Page 7
ITEM NO. 8 - CONSIDER AN ORDINANCE AMENDING CHAPTER 15 OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, BY REPEALING
SECTION 15-66 THEREOF, AND ENACTING IN LIEU THEREOF A NEW
CODE SECTION TO BE CODIFIED THE SAME, PROVIDING FOR THE
ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER
AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS.
Ip Ik Action: A114 1142 _Q g, /—Z—
ITEM N0. 9 - PUBLIC NEARING ON AN ORDINANCE AMENDING CHAPTER 32.1,
R
ENTITLED 'TAXATION AND REVENUES' OF THE CODE OF ORDINANCES
OF THE CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-
55 AND 32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER
SERVICE CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER
USE DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY
DEPOSIT, COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID
WASTE COLLECTION ACCOUNTS.
Comment: This public hearing was continued for the March
21, 1989, City Council meeting.
Action:
Ike,
ITEM NO. 10 - CONSIDER AN ORDINANCE AMENDING CHAPTER 32.1, ENTITLED
'TAXATION AND REVENUES" OF THE CODE OF ORDINANCES OF THE
CITY OF IOWA CITY, IOWA, BY AMENDING SECTIONS 32.1-55 AND
32.1-73 THEREIN TO, RESPECTIVELY, REVISE WATER SERVICE
CHARGES AND FEES, INCREASE FEE FOR TEMPORARY WATER USE
DURING CONSTRUCTION, AND ESTABLISH A DELINQUENCY DEPOSIT,
COMBINED, FOR CITY WATER AND/OR SEWER AND/OR SOLID WASTE
COLLECTION ACCOUNTS.
Action:
Agenda
Iowa City City Council
April 4, 1989
Page 8
ITEM NO. 11 - PUBLIC HEARING ON AN ORDINANCE AMENDING CHAPTER 33 OF THE
CODE OF ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY
REPEALING SECTIONS 33-149, 33-163, 33-164, 33-165, AND 33-
169 THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO
BE CODIFIED THE SAME, PROVIDING FOR (A) REVISIONS IN
PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER
METERS, AND (B) REVISIONS TO FEES FOR SECOND WATER METERS,
FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER
PURCHASE; (2) BY ENACTING THREE NEW SECTIONS TO BE CODIFIED
AS SECTIONS 33-48, 33-156 AND 33-167, PROVIDING FOR (A) THE
ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER
AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B)
CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND
(C) SETTING FORTH THE FEES AND BILLING PROCEDURE UPON
CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND
(3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154
DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS.
Comment: This public hearing was continued from the March
21, 1989, City Council meeting.
Action: CN„�
ITEM NO. 12 - CONSIDER AN ORDINANCE AMENDING CHAPTER 33 OF THE CODE OF
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, (1) BY REPEALING
SECTIONS 33-149, 33-163, 33-164, 33-165, AND 33-169
THEREOF, AND ENACTING IN LIEU THEREOF NEW SECTIONS TO BE
CODIFIED THE SAME, PROVIDING FOR (A) REVISIONS IN
PROCEDURES FOR THE INSTALLATION OF PRIMARY AND SECOND WATER
METERS, AND (B) REVISIONS TO FEES FOR SECOND WATER METERS,
FOR WATER USE DURING CONSTRUCTION, AND FOR DIRECT WATER
PURCHASE; (2) BY ENACTING THREE NEW SECTIONS TO BE CODIFIED
AS SECTIONS 33-48, 33-156 AND 33-167, PROVIDING FOR (A) THE
ESTABLISHMENT OF A DELINQUENCY DEPOSIT FOR COMBINED WATER
AND/OR SEWER AND/OR SOLID WASTE COLLECTION ACCOUNTS, (B)
CHANGES IN THE PROCEDURES FOR REMOVAL OF WATER METERS, AND
(C) SETTING FORTH THE FEES AND BILLING PROCEDURE UPON
CHANGE IN TENANT ACCOUNT IN A SEPARATE CODE SECTION; AND
(3) BY DELETING SUBSECTIONS (d) AND (e) FROM SECTION 33-154
DUE TO THE INCLUSION OF THOSE PROVISIONS IN OTHER SECTIONS.
Action:
Agenda
Iowa City City Council
April 4, 1989
Page 9
ITEM NO. 13 - CITY COUNCIL INFORMATION.
ITEM NO. 14 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
b. City Attorney.
FF -Al
ITEM NO. 15 - ANNOUNCEMENT OF VACANCIES.
Mayor's Youth Employment Board - One vacancy for an
unexpired term ending April 15, 1992. (Linda Quinn
resigned.) %/tti 4/4 .
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Agenda
Iowa City City Council
April 4, 1989
Page 10
ITEM NO. 16 - RECOMMENDATIONS FROM BOARDS AND COMMISSIONS.
a. Consider a recommendation from the Housing Commission
that the City of Iowa City not submit application
for FY89 Public Housing Funds. "4w �n
ITEM NO. 17 - CONSIDER A NOTION APPROVING THE WAIVER REQUEST OF SEASON'S
BEST INC., DBA SEASON'S BEST, 329 EAST WASHINGTON STREET,
OF 5-41(c) SCREENING AND 5-41(d) ACCESSIBILITY FROM
LICENSED PREMISES ONLY.
Comment: In November of 1988 Council revised City Code
Chapter 5, Alcoholic Beverages, by adding provisions for
outdoor service areas. Sections 5-41 and 5-42 set forth
the regulations of those areas, and outlines exemptions of
some of the regulations. Season's Best meets the
requirements but is requesting an exemption from 5-41(c)
and (d). A letter explaining the request is attached to
the agenda. The City Building Inspector and Fire
Department official have reviewed the plans and recommend
approval. A letter of concern was received from Trinity
Episcopal Church regarding operation during church
services. The owner of Season's Best has been notified and
anticipates no problems. Approval of this waiver would
serve as approval to Season's Best for operation of an
outdoor service area for one year.
Action: f./ ¢e,
ky //�9&2
ITEM NO. 18 - CONSIDER A RESOLUTION PROPOSING TO CONVEY A PORTION OF A
VACATED ALLEY IN BLOCK 46 IN EAST IOWA CITY, AN ADDITION TO
�.� IOWA CITY.
Comment: In 1964 the City of Iowa City vacated the Alley
in Block 46 in East Iowa City Addition. Several attempts
were made to convey portions of the vacated alley to
adjoining property owners, especially after title
objection. This action has been reviewed by the Legal and
Engineering Departments. Public Hearing was held March 21,
1989. The Legal Department recommends this action solely
to clear an existing title objection.
Action: &!JzAz/?d
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Agenda
Iowa City City Council
April 4, 1989
Page 11
ITEM NO. 19 - RESOLUTION APPROVING A PLAN FOR PROJECTS AT THE DOMESTIC
VIOLENCE INTERVENTION PROGRAM, EMERGENCY HOUSING PROJECT,
AND YOUTH HOMES, INC. THAT ARE PROPOSED FOR IOWA EMERGENCY
fjq - Ip7 SHELTER GRANTS PROGRAM FUNDING.
Comment: The Domestic Violence Intervention Program,
Emergency Housing Project and Youth Homes, Inc. are
preparing applications for Iowa Emergency Shelter Grants
Program funding to improve and support their shelter
facilities. The agencies have submitted a plan of the
proposed projects for City Council approval. The attached
memorandum describes both the newly revised rules governing
the Iowa Emergency Shelter Grants Program and the local
projects proposed for that funding.
Action: IlV'44/44&9
ITEM NO. 20 - CONSIDER A RESOLUTION APPROVING AN AUTHORIZING THE MAYORddGda
TO SIGN AND THE CITY CLERK TO ATTEST AN AMENDMENT TO THE
JOHNSON
ELEVENTH
UNITYAFOR TRANSIT SERVL OF A 28E ICEST BETWEEN IOVA CITY AND
Comment: The proposed amendment to the FY89 contract
between Iowa City and Johnson County for SEATS service will
accomplish two purposes: 1) increase funding of the
existing contract in order to maintain service through the
end of FY89, and 2) authorize use of a State grant to fund
100% of an increased level of service between April 17 and
June 30. See attached memo from the JCCOG Transportation
Planner.
Action: 4ZA0
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Agenda
Iowa City City Council
April 4, 1989
Page 12
ITEM NO. 21 - RESOLUTION ADOPTING THE ANNUAL BUDGET FISCAL YEAR 1990,
ENDING JUNE 30, 1990, FOR PUBLIC HOUSING PROJECTS 3, 4, 5.
L �Z— Comment: Current regulations require adoption of the
Annual Budget by formal resolution. By Resolution No. 85-
295 the City Council authorized the execution of a
Consolidated Annual Contributions Contract and General
Depositary Agreement which was approved by the Department
of Housing and Urban Development effective October 18,
1985. The attached budget combines the receipts and
expenditures of the three Public Housing Projects
referenced above. The proposed budget reflects operating
receipts at $113,880 and expenditures at $113,644. The
budget reflects a positive cash flow and indicates a
financially sound operating and maintenance plan. Staff
recommends adoption of the resolution.
Action: G�
ITEM NO. 22 RESOLUTION AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK
TO ATTEST THE RELEASE OF A LIEN REGARDING A PROMISSORY NOTE
Sze' %D EXECUTED FOR PROPERTY LOCATED AT 517 DEARBORN STREET.
Comment: The owners of property located at 517 Dearborn
Street received a five year no interest weatherization loan
on June 30, 1988, through the City's Housing Rehabilitation
Program in an amount of $1,900.00. The City's rehab staff
received a written request from the owners asking for a
release because they had put their home up for sale. The
owners of 517 Dearborn Street had only used $556.39 of the j
original amount of $1,900.00 under their weatherization
loan. On March 9, 1989, the owners paid off the balance of
the loan. i
Action:
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Agenda
Iowa City City Council
April 4, 1989
Page 13
ITEM N0. 23 - CONSIDER A RESOLUTION AWARD RACT AND AUTHORIZING THE
MAYOR TO SIGN AND_THE—Ci GL NT
ERICTO ATTEST SAID CONTRACT
FOR THE CON TRUCTION OF THE CORALYILLE/IOWA CITY ANIMAL
SHELTER TO'FRANTZ CONSTRUCTION CO., INC. OF IOWA CITY,
Comment: This project was rebid on March 28, 1989, and the
following bids were received:
Base Bid Less
Bidder Base Bid Deducts 2-16
Frantz Construction Co., Inc. $368,300.00 $295,592.00
Pat Moore Construction Co., Inc. $367,559.00 $302,438.00
The Animal Control Advisory Committee recommends awarding
the contract to Frantz Construction Co., Inc. for
$325,768.00 which retains deduct items 2, 3, 6, 8, 11, 13 8
16. Pat Moore Construction Co., Inc. bid retaining deduct
items 2, 3, 6, 8, 11, 13, 8 16 is $329,104.00. A complete
list of deduct items is included in Council's agenda
packet.
ITEM NO. 24 - ADJOURNMENT.
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City of Iowa City
MEMORANDUM
Date: March 31, 1989
To: City Council
From: City Manager
Re: Informal Agenda and Meeting Schedule
April 3. 1989 Monda
6:30-8:30 PM - Informal Council Meeting - Council Chambers
6:30 PM - Review zoning matters
7:00 PM - Discuss Animal Shelter Construction Bids
7:15 PM - City/University of Iowa Utility Agreement
7:30 PM - Water Rates/Service Charges
7:50 PM - Open Burning Policy
8:15 PM - Council agenda, Council time, Council committee
reports
April 4 1989 Tuesday
7:30 PM Regular Council Meeting - Council Chambers
April 11. 1989 Tuesday
4:30 PM Informal Council Meeting with Planning and Zoning
Commission to Discuss Comprehensive Plan Update -
Highlander Inn
Aoril 11 1989 Monday
6:30-8:30 PM - Council Chambers
Informal Council Meeting - Agenda Pending
April 18 1989 Tuesda
7:30 PM - Regular Council Meeting - Council Chambers
PENDING LIST
Leasing of Airport Land for Commercial Use
Stormwater Management Ordinance Review
East Side Storm Drainage Improvements
Environmental Issues re. Land Development
Sales/Solicitation on City Plaza
Meeting of Rules Committee
Appointments to Board of Library Trustees and Committee on Community
Needs - May 2, 1989