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HomeMy WebLinkAbout1988-09-20 Council minutesInformal Council Discussion September 9, 1988 Informal Council Discussion: September 9, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. The meeting was at 5:30 p.m. Councilmembers present: McDonald, Ambrisco, Balmer, Horowitz, Courtney, Larson. Staff present: Atkins, Karr, Timmins, Helling. Tape-recorded Reel 88-50, Side 2, End -406. COUNCIL VACANCY: McDonald stated that the purpose of this special informal Council session is to discuss filling the Council, position vacated by George Strait's resignation. McDonald noted that there is approximately three years remaining in Strait's term and recommended that Council call for a special election to fill that position. McDonald said Tom Slockett has stated that Council has the authority to call the dates to hold that election and the County Auditor's Office would prefer that Council does not call for the special election with the national General Election. In response to Larson, McDonald stated it would cost the City more to hold a special local election with the General Election than an another date. McDonald explained the cost incurred is based on a per ballot cost, more people vote in a national General Election than in a local election and therefore, that would increase the cost the City would have to pay. Larson said the actual cost to hold the special local election with the general election should be less. Larson said the City's election costs ought to be negotiable and the advantage of having a special local election scheduled with the General Election is that more people vote. McDonald raised concerns about holding a city election with a national election because local issues would be lost and not get the recognition they deserve. McDonald stated that a special local election should not be called for on the national General Election date. In response to Courtney, Karr said to combine a special local election with the General Election, the City needs to formally notify the Elections Office no later than Wednesday, September 14, 1988, and the candidates' papers would need to be filed by September 22, 1988. Councilmembers agreed that Council should call for a special election to fill the Council position vacated by George Strait. Council discussed scheduling of the special local election. Karr stated that Council can petition the Elections Office for the November General Election date, but the Elections Office is concerned that there is not sufficient time to notify the ballot printers, etc. Larson stated the election should not be held during the University of Iowa's interim and when students are gone. Karr said State Code provides that the City cannot hold any elections two weeks before and two weeks after the General Election. Karr said the earliest a primary and a special could be scheduled would be November 29th, (then allowing four weeks between a primary and a general) and December 27th respectively. Horowitz said the public will question why the special election is not scheduled with the General Election. Councilmembers discussed scheduling the special local election with the General Election. McDonald said local issues are different from national issues. McDonald said the focus will be on the national and State issues for the General Election and local issues will be lost. Balmer said the special local election would become a partisan Informal Council Discussion September 9, 1988 Page 2 i election if it is scheduled with the General Election. Balmer said the j community wants the Council to be non-partisan. Larson noted that City Council elections are held on non -General Election/off years. Councilmembers agreed that a special local election should be called and that the election should not be scheduled with the national General Election. Councilmembers directed Karr to prepare a table of potential dates for the election. In response to Larson, Karr said there has to be 47 days between the time the Election Office is notified of the election and when the election occurs. Karr said other State Code provisions need to be considered. Council agreed that the potential dates would be discussed at informal session on September 19, 1988. McDonald informed Council that the State Code provides that when an individual is appointed, that person shall serve until the next election. Timmins said the appointment shall be for the period until the next pending election as defined in Section 69.12 of the State Code and pending election is defined as any election at which there would be on the ballot either the office in which the vacancy exists or any other office to.be filled or any public questions to be decided by the voters of the same political subdivision. McDonald said Balmer will serve until the special local election and then become a candidate in that election. Balmer stated he will run in the special election for the remainder of Kate Dickson's term. Karr noted that the "14 day petition," mentioned in 372.13 of the State Code, is no longer necessary and is null and void. The meeting adjourned at 5:55 p.m. OFFICIAL COUNCIL ACTIVITIES - 9/6/88 The cost of publishing the following proceedings 6 claims is $ . Cmulative cost for this calendar year for said publication is S Iowa City Council, regular mtg., 7:30 p.m. at the Civic Canter. Mayor McDonald presiding. Councilmenbers present: Aubrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: None. Councilmember Strait arrnunced his resignation from the At-Large Council seat effective September 7, 1988. Moved and seconded that the City Council appoint Join Balmer to fill the vacancy in the office of At-Large Concilmember resulting from Concilme ber Kate Dickson's resignation fmn that office, said appointment to be effective imediately to fill the remaining term of said office. The Mayor declared the motion carried. The Mayor proclaimed September 15, 1988, as SUM NIGHT FOR SCOUTING; September 16 and 17, 1988, as HE POPPY DAYS; September 22, 1988, as AMERICAN BUSINESS WU4EN'S DAY; September 17-23, 1988, as CONSTITUTION WEEK. Moved and seconded that the following iter; ad recommendations in the Consent Calendar be received or approved, ara/or adopted as presented: Approval of Official Council Actions of the regular meeting of 8/23/88, as published, subject to correction, as recommended by the City Clerk. Minutes of Boards and Canmissions: Historic Preservation Cam. - 7/13, 8/10; Animal Control Advisory Cmm. - 7/14; P&Z Comm. - 7/21; Ed. of Library Trustees - 8/25; CCN Cam. - 8,/16; Airport Cam. - 7/21, 8/9. Permit Motions: Special Class C Baun/Wire Permit for Country Kitchen, 1402 S. Gilbert. Outdoor Service Area application for Holiday Ion-Iowa City, 210 S. Dubuque Street. Class E Beer Permit for Econofoods #473, 1937 kad*y. Class C Liquor License for Deadwood, 6 S. Dubuque Street. Resolutions: RES. 88-184, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND FAKING AND THE OFFICIAL STREET CCNSIfIdCTION PROGRAM PMIECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1988. RES. 88-185, ACCEPTING THE WORK FOR THE HEIMQ RM IAPIDYD4<NT PROJECT. RES. 88-186, ACCEPTING THE SANITARY SEWER, STONN SEYIER, AND PAVING IMVRDVDMENIS FOR LOIS 1 THROUGH 4 AND 29 1FNDlllil 40 OF VILLAGE GREEN PART XI. RFS. 88- 187, ACCEPTING THE SANITARY SDMUR STEM SBE% AND PAVING IMIPRZDVE VM OF A PORTION OF HIG'IJV#JFR DEVELOPMENT FIRST AMMON. MINUTES MKIL ACTIVITIES SMI BER 6, 1988 PAGE 2 Correspondence: Johmon County Demoatic Party shbmdtting a resolution which calls for an election to fill the vacancy on the City Council rather than an appointment by the Council. Mahn frau the Traffic Erg. repnding paridng prohibition an Oberlin Street; parking prohibition on Tulare Court. Applications for City Plaza Use Permits: Dermcratic headquarters to set to a table from which to distribute literature and register. voters on 8/24/88, approved. Latin American Hnen Rights Advocacy Center for permission to literature table iron which to distribute arWor crafts for donations, approved. Applications for Use of Streets and Rblic Grounds: Procter 6 Garble Manufacturing Cmpagy to have a 5-K run on public sidewralks On 8/27/88, approved. Yogurt Etc. for permission to give awgy saiples of yogurt fran the park area on North Clinton between Market and Davenport streets on 8/24-27/86, approved. The Mayor declared the motion carried. Moved and seconded to set a public hearing for 9/20, on an ordinance to amend chapter 36-23 of the Zoning Ordinance, the Cameroial Intensive Zane. The Mayor declared the notion carried. The Mayor noted discussions between staff and residents of the area and recomeded Council defer the scheduled public hearirg on an ordinance to designate as an alley that portion of Maiden Lane between the south right-of-wgy lire of Court Street and the north right-of-way lire of Harrison Street. Moved and seceded the public hearirg be deferred. The Mayor declared the motion carried. !trued and seconded to adopt RES. 88-188, APPROVING AN AMXW PRELIMINARY LARGE SCALE NCl- RESIDENTIAL OEVEL0w (Lm) RAN FOR wGLE LUM O[f M LOCATED AT 1201 SUM GILM SITELT. The Mayor anounced the following vacancies: Bd. of Appeals - two vacancies for five-year terms ending 12/31/93; Bd. of Examiners of Plunbers - two vacancies for to -year terms ending 12/31/90; Sr. Center Comm. - two vacancies for three-year terms ending 12/31/91. These appointnads will be mxb at the 10/18,/80 meeting of the City Council. Moved and seconded to appoint Trey Stevens, 3035 E. Cant, to the Broadband Teleccamnications Com. for an unexpired term ending 3/13/89. The Mayor declared the motion carried. Moved and seconded to appoint Jares Madgnery, 2729 E. Court, to the Board of Electrical Examiners and Appeals of a journeyman electrician for a far - year term ending 10/26/92. The Mayor declared the motion cabled. MINUTES MKIL ACTIVITIES SEPTIMER 6, 1988 PAGE 3 Coucilme ber Courtney requested Council consider adding a public safety officer to the Police Depar b art before the next budget year. The City PonaAe' stated preliminary vnrk on a proposal for a community relatiens/sdxnol liaisoq/prblic safety officer has been done and was waiting until the Chief returned for review. Council requested the matter be scheduled for informal discussion. Horowitz requested signs be fromthat some in the 'tb Parking' Motors. Larson note the resignation on of l Strait from the Council. He thanked him for his service and acknowledged his integrity, justice, and fairness. Arbrisco noted item f15, a resolution initiating the design of the Washington Park storm sewer Project and incorporating it into the Southeast Interceptor/Soto Ralston Creek Raw II Project, and asked for favorable consideration. He noted that it would be cost effective to inarpoate these Projects within the areas. The MW thanked George Strait for his 4-1/2 years of service and stated he would be missed. Recommendations of the Committee on Connnity Needs noted as follows: (1) That Phyllis Kilpatrick's position as a permanent, part -tine Position in the City's Housing Rehabilitation Program be changed to a permanent, full -tire Position; (2) that the Benton Street Storm Drainage Project be Postponed until the spring of 1989 in order that it be constructed in canrnction with the City's Sewer Project. Moved and seceded to adopt RES. 88-189, M4IDIND EIDGETED POSITIONS IN THE CDBG DIVISION OF THE PIMNINNG AND PRDTTRIN DEVFIUMIT FPD(ir/N. Moved and seconded to adopt RES. 88-19o, M4MING UGERD POSITIONS IN THE FIRE MMM, Moved and seceded to adopt RES. 88-191, A MIORIZING AND DIRECTING THE PUBLIC HDwS DIRECTOR TO INCORPORATE TTf BFNTON SIIEET STON WIb14GE WDJECT INTO THE BENIGN STREET INTEACEPTOt pIDJECT FOR THE R12POSE OF BICDING AND CONSTmfCTION. Karen Rradek, Chair of the Miller/Orchard Neighborhood, endorsed the Project. Moved and seconded to adopt RES. 88-192, AUTHORIZING MND DIRECTING THE RI3LIC WON DIRECTOR TO INITIATE THE DESIGN OF THE W19OGTON STREET HYK SW SEWER PTDJECT No INCORPORATE SAID PROJECT INTO THE SOUREA4T INTTACEPR)R/SOUTH RALSTON CREIX PHASE II PROJECT. Moved and seconded to adopt RES. 88-193, AUDDRIZING CITY MWirV;ER TO ItFON OWNERS 1WIT THE CITY W14 WAIVED ITS PLATTING REQUIIt1 UM WITH RESPECT TO CERTAIN PARCELS ON FIRST AVFMF NM OF MbCATINE AVENIE. MIWES ONCIL ACTIVITIES SEPTEM9FR 6, 19BB PAGE 4 Moved and secs ded to adjann 8:40 p.m. The Mkvor declared the notion carried. A more cmplete description of Cantil activities is on file in the office of the City Clerk. s/JfiN MO1QyILD, M4`A'Si s/M4RIIW K. KOC CITY CIM Sdmitted for Publication - 9/15/88. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 6, 1988 Iowa City Council, regular mtg., 7:30 p.m. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Ambrisco, Courtney, Horowitz, Larson, McDonald, Strait. Absent: None. Staffinembers present: Atkins, Melling, Boyle, Karr, Schmeiser, Donner, Fosse. Council minutes tape-recorded on Tape 88-51, Side 1, 1 -END and Side 2, END -551. Councilmember Strait announced his resignation from the At -Large Council seat effective September 7, 1988. Moved by Ambrisco, seconded' by Courtney, that the City Council appoint John Balmer to fill the vacancy in the office of At -Large Councilmember resulting from Councilmember Kate Dickson's resignation from that office, said appointment to be effective immediately to fill the remaining term of said office. The Mayor noted the impressive list of individuals who expressed interest in the At -Large seat vacated by Kate Dickson. Larson stated his strong feeling that the vacancy should have been filled by the voters at an election and noted that any citizen could file a petition within 14 days requesting an election. He also noted that Mr. Balmer was an exceptional candidate given his past experience and stated it was a difficult decision. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. The Mayor proclaimed September 15, 1988, as SCHOOL NIGHT FOR SCOUTING; September 16 and 17, 1988, as BUDDY POPPY DAYS; September 22, 1988, as AMERICAN BUSINESS WOMEN'S DAY; September 17-23, 1988, as CONSTITUTION WEEK. Moved by Strait, seconded by Ambrisco, that the following items and recommendations in the Consent Calendar be received or approved, and/or adopted as presented: Approval of Official Council Actions of the regular meeting of 8/23/88, as published, subject to correction, as recommended by the City Clerk. Minutes of rdConHistoric PreservationCo - 7/13/88, 8/10/88; Animal AdvisoryComm -718 P&Z Comm. - 7/21/88; Bd. of Library Trustees - 8/25/88; CCN Comm. - 8/16/88; Airport Conn. - 7/21/88, 8/9/88, Permit Motions: Approving a Special Class C Beer/Wine Permit for H.S.L. Foods, LTD dba Country Kitchen, 1402 S. Gilbert. Approving an Outdoor Service Area application for Pineapple Management Company dba Holiday Inn -Iowa City, 210 S. Dubuque Street. Approving a Class E Beer Permit for Nash -Finch Company dba Econofoods #473, 1987 Broadway. Approving a Class C Liquor License for Deadwood, Inc. dba Deadwood, 6 S. Dubuque Street. Resolutions: RES. 88-184, Bk. 98, p. 184, APPROVING THE OFFICIAL FINANCIAL REPORT FOR CITY STREETS AND PARKING AND THE OFFICIAL STREET CONSTRUCTION PROGRAM PROJECT STATUS REPORT FOR THE FISCAL YEAR ENDING JUNE 30, 1988. RES. 88-185, Bk. 98, p. 185, ACCEPTING THE WORK FOR THE HEINZ ROAD IMPROVEMENT PROJECT. RES. 88. MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 2 186, Bk. 98, p. 186, ACCEPTING THE SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS FOR LOTS 1 THROUGH 4 AND 29 THROUGH 40 OF VILLAGE GREEN PART XI. RES. 88-187, Bk. 98, P. 187, ACCEPTING THE SANITARY SEWER, STORM SEWER, AND PAVING IMPROVEMENTS OF A PORTION OF HIGHLANDER DEVELOPMENT FIRST ADDITION. Correspondence: Johnson County Democratic Party submitting a resolution the City Council hrather lthan oanaappoint appointment by the Council.n election to fithe Memonfrom the Traffic Engr. regarding parking prohibition on Oberlin Street; parking prohibition on Tulane Court. HeadquartersAppl s for onto set up a table from which to edistribute literature and register voters on 8/24/88, approved. Latin American Human Rights Advocacy Center for permission to set up a table from which to distribute literature and/or crafts for donations, approved. Applications MStreets anufacturi g Company tohaveas Public Grounds: r on pubiic sidewalks Gambleon 8/27/88, approved. Yogurt Etc. for permission to give away samples of yogurt from the park area on North Clinton between Market and Davenport streets on 8/24-27/88, approved. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the motion carried. Moved by Ambrisco, seconded by Strait, to set a public hearing for 9/20/88, on an ordinance to amend Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zone. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. The Mayor noted discussions between staff and residents of the area and recommended Council defer the scheduled public hearing on an ordinance to designate as an alley that portion of Maiden Lane between the south right-of-way line of Court Street and the north right-of-way line of Harrison Street. Moved by Strait, seconded by Ambrisco, the public hearing be deferred. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Horowitz, seconded by Larson, to adopt RES. 88-188, Bk. 98, DEVELOPMENTESIDNTIAL APPROVING (L NRD) PLAN �FOR ENAGLEELUMBER YCOMPANY LOCATED LARGE SCALE HATR1201ESOUTH GILBERT STREET. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. The Mayor announced the following vacancies: Bd. of Appeals - two vacancies for five-year terms ending 12/31/93; Bd. of Examiners of Plumbers - two vacancies for two-year terms ending 12/31/90; Sr. Center Comm. - two vacancies for three-year terms ending 12/31/91. These appointments will be made at the 10/18/88 meeting of the City Council. MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 3 Moved by Ambrisco, seconded by Strait, to appoint Trey Stevens, 3035 E. Court, to the Broadband Telecommunications Comm. for an unexpired term ending 3/13/89. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Moved by Ambrisco, seconded by Strait, to appoint James Montgomery, 2729 E. Court, to the Board of Electrical Examiners and Appeals of a journeyman electrician for a four-year term ending 10/26/92. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. Councilmember Courtney requested Council consider adding a public safety officer to the Police Department before the next budget year. The City Manager stated preliminary work on a proposal for a community relations/school liaison/public safety officer has been done and was waiting until the Chief returned for review. Council requested the matter be scheduled for informal discussion. Horowitz requested that some of the "No Parking" signs be removed from Hwy. 1 in front of Carousel Motors. Larson note the resignation of George Strait from the Council. He thanked him for his service and acknowledged his integrity, justice, and fairness. Ambrisco noted item N15, a resolution initiating the design of the Washington Park storm sewer project and incorporating it into the Southeast Interceptor/South Ralston Creek Phase II Project, and asked for favorable consideration. He noted that it would be cost effective to incorporate these projects within the areas. The Mayor thanked George Strait for his 4-1/2 years of service and stated he would be missed. Recommendations of the Committee on Community Needs noted as follows: (1) That Phyllis Kilpatrick's position as a permanent, part-time position in the City's Housing Rehabilitation Program be changed to a permanent, full-time position; (2) that the Benton Street Storm Drainage Project be postponed until the spring of 1989 in order that it be constructed in conjunction with the City's Sewer Project. Moved by Strait, seconded by Horowitz, to adopt RES. 88-189, Bk. 98, p. 189, AMENDING BUDGETED POSITIONS IN THE CDBG DIVISION OF THE PLANNING AND PROGRAM DEVELOPMENT PROGRAM, changing the position of part-time Housing Rehabilitation Assistant to full-time Housing Rehabilitation Assistant. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Larson, to adopt RES. 88-190, Bk. 98, p. 190, AMENDING BUDGETED POSITIONS IN THE FIRE DEPARTMENT, upgrading the position of Fire Marshal and integrating the position with that of Battalion Chief. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Ambrisco, seconded by Horowitz, to adopt RES. 88-1,91, Bk. 98, p. 191, AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO INCORPORATE THE BENTON STREET STORM DRAINAGE PROJECT INTO THE BENTON STREET INTERCEPTOR PROJECT FOR THE PURPOSE OF BIDDING AND CONSTRUCTION. Ambrisco complimented Stanley Consultants on the recent progress report re the sewer plant. Karen Hradek, Chair of the Miller/Orchard Neighborhood, endorsed the project. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. MINUTES COUNCIL ACTIVITIES SEPTEMBER 6, 1988 PAGE 4 Moved by Ambrisco, seconded by Larson, to adopt RES. 88-192, Bk. 98, p. 192, AUTHORIZING AND DIRECTING THE PUBLIC WORKS DIRECTOR TO INITIATE THE DESIGN OF THE WASHINGTON STREET PARK STORM SEWER PROJECT AND INCORPORATE SAID PROJECT INTO THE SOUTHEAST INTERCEPTOR/SOUTH RALSTON CREEK PHASE II PROJECT. Courtney cited a number of neighborhood meetings held over the past few years regarding problems in this area. Affirmative roll call vote unanimous, 6/0, all Councilmembers present. The Mayor declared the resolution adopted. Moved by Strait, seconded by Larson, to adopt RES. 88-193, Bk. 98, p. 193, AUTHORIZING CITY MANAGER TO INFORM OWNERS THAT THE CITY HAS WAIVED ITS PLATTING REQUIREMENTS WITH RESPECT TO CERTAIN PARCELS ON FIRST AVENUE NORTH OF MUSCATINE AVENUE. Horowitz stated she would be voting in the negative on this matter as the platting requirements regarding the lots and parcels presently constituted left her with a number of questions in terms of the future. The Mayor declared the resolution adopted, 5/1, with the following division of roll call vote: Ayes: Courtney, Larson, McDonald, Strait, Ambrisco. Nays: Horowitz. Moved by Larson, seconded by Strait, to adjourn 8:40 p.m. The Mayor declared the motion carried unanimously, 6/0, all Councilmembers present. JOHN MCDONALD, MAYOR MARIAN K. KARR, CITY CLERK COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES September 20, 1988 Iowa City Council reg, mtg., 9/20/88, 7:30 P.M. at the Civic Center. Mayor McDonald presiding. Councilmembers present: Balmer, Courtney, Horowitz, Larson, McDonald. Absent: Ambrisco. Staffinembers present: Atkins, Timmins, Karr, Cain, Farmer, Schmeiser, Schmadeke, Seydel. Council minutes tape-recorded on Tape 88-51, Side 2, 1 -END; 88-54, Side 1, 1-480. The Mayor recognized staff and young people participating in the Summer Iowa Conservation Corps. The following young people will receive certificates signed by Governor Branstad and attend the Governor's Youth Conference: Marilyn Carey, West High School, Senior Youth Leader; Debra Griffin, City High School; Sean Seaton, West High School. During the summer, ICC completed an exterior maintenance project at 410 Iowa Avenue. Two individuals were recognized for selecting the colors for the building and guiding the young people in completion of the painting project as follows: Patti Westercamp, City of Iowa City Graphic Designer and Kristy Kissel, U of I College of Nursing, Dept. of Instructional Design. The Mayor congratulated the recipients and the Mayor's Youth Coordinator Peg McElroy. WEEK. The Mayor proclaimed September 18-24, 1988 as ADULT DAY CARE CENTER Moved by Courtney, seconded by Horowitz, that the following items and recommendations in the Consent Calendar be received, or approved, and/or r adopted as amended: Approval of Official Council Actions of the regular meeting of 9/6/88, as published, subject to correction, as recommended by the City Clerk. , F Minutes of Boards and Commissions: Housing Comm. - 8/9/88; Resources Conservation Comm. - 7/11/88; Broadband Telecomm. Comm. - 8/17/88; P&Z Comm. - 9/1/88; P&R Comm. - 8/10/88. Permit Motions and Resolutions: Approving a Class B Beer Permit for Rigel of Iowa, Inc. dba Godfather's Pizza, 207 E. Washington Street. Approving a Class B Beer Permit for Pan Style Pizza Corporation of Iowa dba Rocky Rococo, 1540 First Avenue. Approving a Class C Beer Permit for T&M Mini Mart, LTD, dba T&M Mini Mart, 2601 Hwy. #6 East. Approving a Class C Beer Permit for Control Products Company dba Central Pharmacy Center, 701 E. Davenport Street. Approving a Class E Beer Permit for Kwik -Shop, Inc. dba Kwik Shop #567, 820 1st Avenue. Approving a Class C Liquor License for I.C.B.B., Ltd. dba The Brown Bottle, 115 E. Washington Street. Approving a Class C Beer Permit for Dan's Short Stop Corporation dba Dan's Short Stop Corporation, 2221 Rochester Avenue. RES. 88-194, Bk. 99, p. 194, ISSUING CIGARETTE PERMITS. Approving an application for a Liquor License refund for American Bistro Corporation dba American Bistro, 121 N. Linn Street. Approving a Class C Liquor License for Wig & Pen LTD. dba Wig & Pen, 1220 Hwy. 6 West. MINUTES COUNCIL ACTIVITIES SEPTEMBER 20, 1988 PAGE 2 Motions: Approving disbursements in the amount of $3,189,487.08 for the period of 8/1 thru 8/31/88, as recommended by the Finance Director, subject to audit. Resolutions: RES. 88-195, Bk. 99, p. 195, ACCEPTING THE SANITARY SEWER, STORM SEWER AND PAVING IMPROVEMENTS FOR FIRST AND ROCHESTER, PART THREE. RES. 88-196, Bk. 99, P. 196, ACCEPTING THE WORK FOR p. ING 197,IA CRWALDEN WOOD, EPT NG THEWORKFORSANIT RY EWER, STORM SEWEPART TWO. RES. R,BPAVING AND STORM INTAKE IMPROVEMENTS FOR HUNTER'S RUN PART FOUR. RES. 88- r 198, Bk. 99, P. 198, AUTHORIZING EXECUTION OF AN AGREEMENT FOR OVERWIDTH PAVING IN HUNTER'S RUN PART FOUR. k Applications for the Use of Streets and Public Grounds:PenniMarnee I blocknpartyton for on permission/5/88, approved SeIowaoCity Roadof ERaces foretheforta L, annual Hospice Road Races to be held on 10/23/88, approved. Mercy hts on the three ash trees in thepital Market Street arighto t for placesmall a112/10/88 and 1/10/89, approved. University of Iowa Homecoming Council to have the annual Homecoming Parade on 10/7/88, approved. s Applications for City Plaza Use Permits: Homecoming Council to have a pep rally in the checkerboard square area of City Plaza on 10/4/88 between 7:30 and 7:45 p.m., approved. quest for Peace organization to set up a table on City Plaza to sell raffle tickets S on 9/16, 23, 30, and 10/7/88, approved. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the motion carried. Moved by Balmer, seconded by Courtney, to set a public hearing for 10/4/88, on an ordinance to vacate a 9,720 square foot portion of Madison Street right-of-way between Market Street and Bloomington Street. The i Mayor declared the motion carried, 5/0, Ambrisco absent. A public hearing was held on an ordinance to amend Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zone. No one appeared. Moved by Balmer, seconded by Horowitz, that the ordinance amending Chapter 36-23 of the Zoning Ordinance, the Commercial Intensive Zone, be given first vote for passage. Councilmember Horowitz stated she would support the first consideration because of the nature of the manufacturing. She noted, however, her desire to have monitored performance standards so there would be an element of a buffer between this facility and the residential areas. Larson noted that considerations are not normally given the same evening as the public hearing but would vote for the vote unanimous, measure /0, Ambriscoatab entarea �f The the tMayor Adeclaredvtheolmotion carried. MINUTES COUNCIL ACTIVITIES SEPTEMBER 20, 1988 PAGE 3 Moved by Balmer, seconded by Horowitz, to adopt RES. 88-199, Bk. 99, p. 199, APPROVING THE FINAL PLAT OF SAMUEL DRIVE ADDITION, A 1.94 ACRE 5 - LOT RESIDENTIAL SUBDIVISION LOCATED WEST OF OAKLAWN AVENUE. The City Attorney stated that the determination of staff is that if the final plat conforms to the preliminary plat and the subdivision's design and compliance is applicable to all City Codes, denial is difficult. PPD Director Schmeiser present for discussion. Individual Councilmembers expressed their views and stated that environmental policies and regulations are scheduled for Council at an upcoming goal session. The Mayor declared the motion carried, 4/1, with the following division of roll call vote: Ayes: Larson, McDonald, Balmer, Courtney. Nays: Horowitz. Absent: Ambrisco. Moved by Courtney, seconded by Balmer, to adopt RES. 88-200, Bk. 99, P. 200, APPROVING AN AMENDED PRELIMINARY AND FINAL LARGE SCALE NON- RESIDENTIAL DEVELOPMENT (LSNRD) PLAN FOR SHELLER -GLOBE CORPORATION LOCATED AT 2500 HIGHWAY 6 EAST. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the resolution adopted. Bud Gode, Senior Center Commission member, briefed Council on an upcoming 7th birthday celebration at the Senior Center. The Mayor thanked the Commission for keeping Council informed. Peggy McGregor, Coralville, appeared re an incident involving her car being towed. Staff will follow- up. The Mayor announced the following vacancies: Bd. of Adjustment - one vacancy for a five-year term ending 1/1/94; Human Rights Comm. - three vacancies for three-year terms ending 1/1/92; Parks and Recreation Comm. - two vacancies for four-year terms ending 1/1/93. These appointments will be made at the 11/1/88 meeting of the City Council. Moved by Horowitz, seconded by Larson, to defer appointments to the City Council Legislative Committee and Rules Committee and appoint John Balmer to replace George Strait on Johnson County Council of Governments. The Mayor declared the motion carried unanimously, 5/0, Ambrisco absent. Moved ion of the Planning oand iZoning Commission o that Don Heberto t tbehappointedntothe tthe Airport Zoning Commission as the P&Z representative to replace Rod Perry. The Mayor declared the motion carried unanimously, 5/0, Ambrisco absent. Councilmember Larson welcomed John Balmer to the Council. Balmer thanked the Council for the appointment to fill Kate Dickson's term and stateie candidate tlirrptrm in the bcial electon.Horwitz notedthe excellnannual report by theFire 9/28 reiCDBG funds ed people requested that businesses art in the blic alo along east/won e27 and st and north/south route of the City be asked their input re CI -1 zones, as amended. The City Attorney stated a revised addendum had been submitted by the University dealing with the water storage facility redesign and recalculation of the City's cost to reflect a 5% contingency but the same not to exceed amount. MINUTES COUNCIL ACTIVITIES SEPTEMBER 20, 1988 PAGE 4 Moved by Larson, seconded by Courtney, to adopt RES. 88-201, Bk. 99, p. 201, APPROVING AND AUTHORIZING AND DIRECTING THE MAYOR AND THE CITY CLERK TO EXECUTE AND ATTEST, RESPECTIVELY ADDENDUM NO. 1 TO THE CHAPTER 28E AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE UNIVERSITY OF IOWA PROVIDING FOR THE DEVELOPMENT, USE, OCCUPANCY, MANAGEMENT AND OPERATION OF A PARKING GARAGE AND CHILLED WATER FACILITY AND A WATER STORAGE FACILITY. The City Attorney stated a revised addendum had been submitted by the University dealing with the water storage facility redesign and recalculation of the City's cost to reflect a 5% contingency. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Horowitz, to adopt RES. 88-202, Bk. 99, p. 202, AUTHORIZING EXECUTION OF AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH ASSISTED HOUSING MANAGEMENT ASSOCIATION (AHRMA) RELATING TO INSURANCE FOR THE IOWA CITY HOUSING AUTHORITY. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Courtney, seconded by Horowitz, to adopt RES. 88-203, Bk. 99, p. 203, UNCLASSIFIED SALARIES AND COMPENSATION FOR FISCAL YEAR 1989 FOR THE CITY ATTORNEY, $57,683.81 annually. Affirmative roll call vote unanimous, 5/0, Ambrisco absent. The Mayor declared the resolution adopted. Moved by Balmer, seconded by Larson, to defer a Resolution Approving and Implementing a Reorganization Plan for the Legal Department. The Mayor declared the motion carried unanimously, 5/0, Ambrisco absent. Moved by Horowitz, seconded by Courtney, to adjourn 8:35 p.m. The Mayor declared the motion carried unanimously, 5/0, Ambrisco absent. L1, 0 '9" "e. -,v- N MCDONALD, MAYOR d -// � MARIAN K. KARR, CITY CLERK 0 A Informal Council Discussion September 9, 1988 Informal Council Discussion: September 9, 1988, 6:30 p.m., in the Council Chambers. Mayor John McDonald presiding. The meeting was at 5:30 p.m. Councilmembers present: McDonald, Ambrisco, Balmer, Horowitz, Courtney, Larson. Staff present: Atkins, Karr, Timmins, Helling. Tape-recorded Reel 88-50, Side 2, End -406. COUNCIL VACANC McDonald stated that the purpose of this special informal Council session is to discuss filling the Council position vacated by George Strait's resignation. McDonald noted that there is approximately three years remaining in Strait's term and recommended that Council call for a special election to fill that position. McDonald said Tom Slockett has stated that Council has the authority to call the dates to hold that election and the County Auditor's Office would prefer that Council does not call for the special election with the national General Election. In response to Larson, McDonald stated it would cost the City more to hold a special local election with the General Election than on another date. McDonald explained the cost incurred is based on a per ballot cost, more people vote in a national General Election than in a local election and therefore, that would increase the cost the City would have to pay. Larson said the actual cost to hold the special local election with the general election should be less. Larson said the City's election costs ought to be negotiable and the advantage of having a special local election scheduled with the General Election is that more people vote. McDonald raised concerns about holding a city election with a national election because local issues would be lost and not get the recognition they deserve. McDonald stated that a special local election should not be called for on the national General Election date. In response to Courtney, Karr said to combine a special local election with the General Election, the City needs to formally notify the Elections Office no later than Wednesday, September 14, 1988, and the candidates' papers would need to be filed by September 22, 1988. Councilmembers agreed that Council should call for a special election to fill the Council position vacated by George Strait. Council discussed scheduling of the special local election. Karr stated that Council can petition the Elections Office for the November General Election date, but the Elections Office is concerned that there is not sufficient time to notify the ballot printers, etc. Larson stated the election should not be held during the University of Iowa's interim and when students are gone. Karr said State Code provides that the City cannot hold any elections two weeks before and two weeks after the General Election. Karr said the earliest a primary and a special could be scheduled would be November 29th, (then allowing four weeks between a primary and a general) and December 27th respectively. Horowitz said the public will question why the special election is not scheduled with the General Election. Councilmembers discussed scheduling the special local election with the General Election. McDonald said local issues are different from national issues. McDonald said the focus will be on the national and State issues for the General Election and local issues will be lost. Balmer said the special local election would become a partisan :Z -a3 Informal Council Discussion September 9, 1988 Page 2 election if it is scheduled with the General Election. Balmer said the community wants the Council to be non-partisan. Larson noted that City Council elections are held on non -General Election/off years. Councilmembers agreed that a special local election should be called and that the election should not be scheduled with the national General Election. Councilmembers directed Karr to prepare a table of potential dates for the election. In response to Larson, Karr said there has to be 47 days between the time the Election Office is notified of the election and when the election occurs. Karr said other State Code provisions need to be considered. Council agreed that the potential dates would be discussed at informal session on September 19, 1988. McDonald informed Council that the State Code provides that when an individual is appointed, that person shall serve until the next election. Timmins said the appointment shall be for the period until the next pending election as defined in Section 69.12 of the State Code and pending election is defined as any election at which there would be on the ballot either the office in which the vacancy exists or any other office to be filled or any public questions to be decided by the voters of the same political subdivision. McDonald said Balmer will serve until the special local election and then become a candidate in that election. Balmer stated he will run in the special election for the remainder of Kate Dickson's term. Karr noted that the "14 day petition," mentioned in 372.13 of the State Code, is no longer necessary and is null and void. The meeting adjourned at 5:55 p.m. I 9 1 ff Informal Council Discussion September 19, 1988 Informal Council Discussion, September 19, 1988, 6:35 p.m. in the Council Chambers. Mayor John McDonald presiding. Councilmembers present: McDonald, Courtney, Balmer, Larson, Horowitz. Absent: Ambrisco. Staffinembers present: Karr, Schmeiser, Timmins, Atkins, Helling, Brachtel, Boyle. Tape-recorded on Reel 88-52, Side 1, 1 -END, Side 2, 1 - END; Reel 88-53, Side 1, 1-501. CONSENT CALENDAR: Reel 88-52, Side 1 Karr stated the County Sheriff's signature was still needed to complete application for the Wig & Pen establishment. Tom Riley, attorney representing Harold Brown, stated he would obtain the necessary signatures prior to formal Council meeting. Council agreed to add Wig & Pen to the Consent Calendar. PLANNING & ZONING MATTERS: Reel 88-52, Side A. B. Schmeiser stated he will present detailed information prior to Council's next meeting. Schmeiser said the two changes being proposed will permit the location of manufacturing businesses in the CI -1 zone provided the manufacturing portion of the business does not exceed 5,000 square i feet and provide for 15,000 square feet of manufacturing usage by special exception. Horowitz said the performance standards should provide for a buffer between this zone and type of manufacturing in the adjacent residential areas. Horowitz asked Schmeiser if the City's performance standards are capable of enforcing the 5,000 square foot provision. Schmeiser replied affirmatively. Schmeiser explained that the performance standards require screening and the manufacturing use has to meet commercial. use performance standards which are more restrictive. Larson asked if performance standards f for commercial uses are more restrictive than for manufacturing uses. Schmeiser said yes. Larson asked what objections were raised by Planninning & ZonnCommission membernHebert nsaid ing C5 00 square ommission efeet swould aallow smallimag nufacturers i enough space to start a business and he objected to 15,000 square feet because it would create traffic problems. Balmer asked if there are other vacant buildings in the area. Schmeiser said Southgate Development arebuilding, the vacant. Larson es id busihone iness9ownersainutheiareawshould favor the change. Horowitz noted the volume of traffic on Boyrum is increasing. z a'17/ MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 2 C. a See above Item B. Schmeiser explained Council reviewed this subdivision's preliminary plat concurrently with the Nottingham Place Subdivision. Schmeiser said residents in the area have objected to the subdivision because: 1) the site will be too congested with the five proposed lots, 2) the development will be out of character with the residential development in the area, 3) the development will be contrary to the RS -5 zone, 4) there will be severe environmental degradation, 5) the hammerhead design of the cul-de-sac turnaround will not provide for on -street parking'or snow removal, and 6) if the front yard setbacks are not varied to allow houses to be constructed further from the street', there will be a "sea of asphalt" in the front yard. Schmeiser distributed a map designating the hammerhead turnaround, and said the hammerhead design was proposed to reduce the amount'of environmental impact in the area. Schmeiser said a special exception to, reduce the front yard setback of the proposed homes is pending with the'Board of Adjustment. Larson.asked.if the neighborhood concerns are relevant to Council's decision regarding approving the final plat. Schmeiser said if the applicant meets all of the subdivision requirements and other City ordinances and the plat is fairly consistent with the approved preliminary plat, then Council is bound to approve the final plat. Larson asked if any of the neighborhood concerns would be relevant to approval of a preliminary plat. Schmeiser said the hammerhead design is a variation from the required design standards. Schmeiser said it was staff's recommendation that the hammerhead design be approved. Larson asked Council to address the issue that environmental concerns are not a basis for the Council to reject a plat if all legal requirements have been met. McDonald stated Council is scheduled to discuss Urban Ad Hoc Committee recommendations at the Council's October goal setting session. Horowitz asked if the City's Public Works Department has studied stormwater management in the area. Schmeiser replied they had. Courtney asked about the City's neighborhood notification procedures. Schmeiser said notification signs are placed on the subdivision property and there are stringent notification requirements. Courtney noted the proposed 'subdivision creates two triple frontage lots on Oaklawn. Horowitz asked where recreational vehicles owned by property owners of the proposed lots would park. Schmeiser said that is a problem. Schmeiser said the lot frontage requirements for single-family lots in the RS -5 zone is 25 feet and the hammerhead sign was used to allow the lots to be located closer. r -a s/ MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 3 E. Schmeiser stated the Planning & Zoning Commission, on September 15, made an additional recommendation to Council that the plat be approved subject to parking only being permitted on one side of Samuel Drive. Schmeiser said this is a plan for a warehouse addition and the plan meets all ordinance requirements. Balmer asked why there was dissenting votes by Planning & Zoning Commission members. Planning & Zoning Commission member Hebert said there were dissenting votes because building construction had begun before approval was given. Atkins stated he released the foundation permits pending Planning & Zoning Commission approval and City. staff will discuss the building construction'schedule with Sheller -Globe. SPECIAL COUNCIL ELECTION DATES: Reel 88-52, Side 1 McDonald stated Council received Karr's September 15, 1988, memo regarding special local elections. Council agreed to schedule December 13, 1988, primary election and January 10, 1989, special local election to fill the at -large Council seats vacated by the resignation of George Strait and Kate Dickson. Karr said she will prepare an election- timetable for distribution to Council and perspective 'candidates. POLICE COMMUNITY RELATIONS OFFICER: Reel 88-52, Side 1 McDonald noted Council received Atkins' September 13, 1988, memo regarding Community Relations Officer - School Liaison Program. Larson asked if Council should consider the many issues related to a Liaison Officer before a decision is made to add a Community Relations Officer to the Police Department. Atkins said Council could approve the addition of a Community Relations Officer in concept. Balmer asked if Atkins has contacted the School District. Atkins said he has been in contact with the School System and staff will need to be sensitive to police presence in schools. Councilmembers discussed the Community Relations Officer selection process; drug prevention and educational programs; and budgetary concerns. Courtney inquired about the automobile/equipment expense as outlined in the proposed budget for the Community Relations Officer. Atkins said equipping the automobile is expensive and if the Community Relations Program is successful, the Community Relations Officer will be spending a majority of the time out in the community. Atkins said training the Community Relations Officer is necessary and the Iowa Law Enforcement Academy has scheduled a training drug education program in March 1989. Larson said increasing the number of police detectives should be considered. McDonald said that Council needs to consider all of the staffing needs of the Police Department. Atkins said Council received a list of the substantive issues relating to the Police Department. r-�2 J/ MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 4 Courtney said the City needs to add late-night uniformed police officers. Larson asked when Police Chief Miller would return from his medical leave of absence. Atkins said Police Chief Miller's physical condition is still being assessed. Councilmembers agreed to the Community Relations Officer concept and directed staff to proceed. Balmer said the program should be evaluated. LIQUOR CONTROL ISSUES: Reel 88-52, Side 2 McDonald stated Council received City Atty. Timmins' September 14, 1988, memo regarding liquor control issues. McDonald said the City has received a request from Season's Best to establish an outdoor service area. Timmins explained Season's Best has proposed to establish an outdoor service area under the stairwell area of the Commerce Building. Timmins summarized the five categories of Section 5-41 Outdoor Service Area Regulations as they apply to Season's Best. Section 5-41 Outdoor Service Area Regulations provide that a) they cannot encroach onto street right-of-way, b) cannot be located in the front yard, c) must be screened on all sides, d) accessible through establishment only, and e) cannot be located within a residential zone or within 100 feet of a residential use. Timmins stated'four of the regulations would prevent Season's Best from having an .outdoor service area and Council could waive the screening and accessibility requirements. Timmins said the Council additionally would need to amend the front yard location and location with respect to residentialuses provisions 'to grant Season's Best's request.' Timmins .'said an amendment to Section 5-41 has been drafted. Timmins reviewed the proposed changes to Section 5-41 as outlined in Exhibit B of his memo. Councilmembers discussed the definition of restaurant. Balmer said liquor establishments should be maintained on the ground floor level for public and police safety reasons. Larson said the provision requiring restaurant service during 90% of the hours that the business is opened needs to changed. 1 Council received comments from Hank Miquel, owner of Yacht Club. Miquel said the liquor establishment location on the ground floor requirement should be addressed; restaurant definition requiring a free-standing stove, griddle or grill needs to be expanded to include other equipment such as microwaves; and there should be a provision that addresses how food is served. McDonald said upstairs and basement bars were prohibited for public and police safety reasons. Larson suggested the ordinance read, "full service kitchen." Timmins said the definition should be specifically spelled out. Dean Thornberry noted that Burger King does not i use free-standing stoves, griddles or grills and would not meet the restaurant definition as proposed. Timmins stated broiler or microwaves can be added to the definition and the hours of operations provision (907.) will need to be researched. Courtney stated Council should not habitually make ordinance changes to meet the needs of specific businesses. Courtney said bars should not be permitted in basements. Atkins asked if Council has reasonable authority with respect to liquor license. Timmins said there is a suspension and revocation procedure, but the State is the licensing authority. Z= a MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 5 Larson commented that Council should look at the fairness issue as it relates to allowing liquor establishments that require substantial police attention versus regulating establishments who have required minimal police attention. Council agreed with the proposed amendment changes and directed staff to prepare a final draft of the ordinances. In reference to Season's Best request, Timmins noted that Council needs to consider the screening and accessibility requirements. Larson stated that Season's Best should not be given an unfair advantage over downtown businesses. McDonald noted that Season's Best request applies to private property. Atkins stated that "front yard" is not defined in the ordinance. Timmins explained the term "front yard" is used in the current regulation, in downtown, front yard is defined as the required front yard, and there is no front yard required in the Zoning Ordinance in any City zone. Therefore, the proposed language does not use the term "front yard." In response to McDonald, Timmins stated that the provision providing that the outdoor service area shall not be permitted within 100 feet of a residential zone will be amended. TEMPORARY LICENSE. Timmins explained that under a seasonal or 14 -day license or permit, a liquor establishment .can be established in conjunction with an existing bar or separately and it can be in a building, tent or parking lot. Timmins stated that he drafted a new set of regulations for the uses. Timmins stated that a double -fence will be required and a sound equipment permit will be required .if amplified sound equipment is used. Timmins said that if a liquor establishment is in a building, it can be located anywhere. If it is not in a building and in a residential zone, the outdoor service area cannot be any closer than 100 feet to the closest residence. Council discussed the Sound Ordinance. Timmins explained the City has not enforced the Sound Ordinance because of an early challenge to the Sound Ordinance in the Magistrate's Court which was upheld. In reference to the noise complaint, Atkins explained that police will give one warning and then shut down the sound upon the second complaint. Council received input from Dean Thornberry, owner of Maxie's. Thornberry apologized to Council and staff for problems relating to Maxie's. Thornberry stated that there were problems of miscommunication, music should be allowed, and police should have a decibel meter. Karr stated dancing permit regulations will also be drafted to be included with the temporary outdoor service area regulations. LEGAL DEPARTMENT REORGANIZATION: Reel 88-53, Side 1 McDonald stated all Councilmembers should be present to discuss Legal Department reorganization. Council agreed to defer discussion until their next informal Council meeting. sad MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-53, Side 1 Moved by Larson, seconded by Horowitz, to adjourn to Executive Session under Section 21.5(c) to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its the disclosure would be likely to prejudice or disadvantage the position of al vote unanimous, 5/0, Ambrimental sconabse t.- The Mayor declaredt tthe 'motiothat litiation. Affirmaive roll n clarried. Council adjourned to Executive Session at 8:37 p.m. I i i MINUTES INFORMAL COUNCIL DISCUSSION SEPTEMBER 19, 1988 PAGE 6 EXECUTIVE SESSION: Reel 88-53, Side 1 Moved by Larson, seconded by Horowitz, to adjourn to Executive Session under Section 21.5(c) to discuss strategy with Council in matters that are presently in litigation or where litigation is eminent where its the disclosure would be likely to prejudice or disadvantage the position of al vote unanimous, 5/0, Ambrimental sconabse t.- The Mayor declaredt tthe 'motiothat litiation. Affirmaive roll n clarried. Council adjourned to Executive Session at 8:37 p.m.