HomeMy WebLinkAbout1988-10-04 AgendaOctober 4, 1988
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REGULAR COUNCIL MEETING OF OCTOBER 4, 1988 j
7:30 P.N.
COUNCIL CHAMBERS, CIVIC CENTER
410 EAST WASHINGTON
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ITEM NO. 1 - CALL TO ORDER.
ROLL CALL.
ITEM NO. 2 - MAYOR'S PROCLAMATION.
a. Fire Prevention Week - October 9-15, 1988.
b. /Wryhite/Cane Safety Day - October 15, 1988.
ITEM N0. 3 - CUNSIOfE�t�aAD AllAess Awre5d4e t CA ENDER S PRESENTED
PTION OF THE CONSENT CALENDER AS PRESENTED OR
AMENDED.
a. Approval of Official Council Actions of the regular
meeting of September 20, 1988, as published, subject
to correction, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Adjustment meeting of August 10, 1988.
(2) Airport Commission meeting of August 18, 1988.
(3) Human Rights Commission meeting of August 29,
1988.
(4) Planning and Zoning Commission meeting of
September 15, 1988.
(5) Historic Preservation Commission meeting of
September 14, 1988.
(6) Design Review Committee meeting of September 22,
1988.
C. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "C" Beer
Permit for Clarissa T. Watt dba Watt's Food
Market, 1603 Muscatine Ave. (renewal)
(2) Consider a motion approving a Class "E" Beer
Permit for Quik Trip Corporation dba Quik Trip
#503, 123 W. Benton. (renewal)
(3) Consider a motion approving a Class "E" Beer
Permit for Quik Trip Corporation dba Quik Trip
#548, 955 Mormon Trek. (renewal)
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AGENDA
IOWA CITY CITY COUNCIL
%lrny�x� w
REGULAR COUNCIL MEETING - OCTOBER 4, 1988
7:30 P.M.
ilk
COUNCIL CHAMBERS
1[
ITEM NO. 1 - CALL TO ORDER.
ROLL CALL.
ITEM NO. 2 - MAYOR'S PROCLAMATION.
a. Fire Prevention Week - October 9-15, 1988.
b. /Wryhite/Cane Safety Day - October 15, 1988.
ITEM N0. 3 - CUNSIOfE�t�aAD AllAess Awre5d4e t CA ENDER S PRESENTED
PTION OF THE CONSENT CALENDER AS PRESENTED OR
AMENDED.
a. Approval of Official Council Actions of the regular
meeting of September 20, 1988, as published, subject
to correction, as recommended by the City Clerk.
b. Minutes of Boards and Commissions.
(1) Board of Adjustment meeting of August 10, 1988.
(2) Airport Commission meeting of August 18, 1988.
(3) Human Rights Commission meeting of August 29,
1988.
(4) Planning and Zoning Commission meeting of
September 15, 1988.
(5) Historic Preservation Commission meeting of
September 14, 1988.
(6) Design Review Committee meeting of September 22,
1988.
C. Permit Motions as Recommended by the City Clerk.
(1) Consider a motion approving a Class "C" Beer
Permit for Clarissa T. Watt dba Watt's Food
Market, 1603 Muscatine Ave. (renewal)
(2) Consider a motion approving a Class "E" Beer
Permit for Quik Trip Corporation dba Quik Trip
#503, 123 W. Benton. (renewal)
(3) Consider a motion approving a Class "E" Beer
Permit for Quik Trip Corporation dba Quik Trip
#548, 955 Mormon Trek. (renewal)
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Posted: 10/3/bb 4:W p.m.
Removed:
City of Iowa City
MEMORANDUM
DATE: October 3, 1988 -1
TO : City Council and General Public
FROM: City Clerk
RE : Additions to the Consent calander of the October 4, 1988 meeting
3.c.(7)
Consider a motion approving an application for a Liquor
License refund for Farmers Market and Bakery, LTD. dba
Farmers Market and Bakery, Ltd., 112 S. Linn Street.
3.c.(8)
Consider a motion approving a Class "B" Beer Permit
for American Seafood Partners dba Long John Silver's
Seafood Shoppe, 1940 Lower Muscatine Rd. (new)
3.c.(9)
Consider a motion approving a Class "C" Liquor License
for Baja, Inc. dba Mama's, S. S. Dubuque Street.
(renewal)
3.c.(10)
Consider a motion approving a Class "C" Liquor License
for Brocchini, Inc. dba The Gallery Bar $ Restrauant,
223 E. Washington Street. (new)
3.c.(11)
-E6.,Aci Consider approving a resolution to issue a cigarette
permit for Brocchini, Inc. dba The Gallery Bar 6 Restraurant,
223 E. Washington St.
3.c.(12)
\05 Consider approving a resolution to issue a dancing
permit for Brocchini, Inc. dba The Gallery Bar & Restraurant,
223 E. Washington St.
AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 2
(4)
Consider a motion approving
a Class "B" Beer
Permit for LTL Restaurants,
Inc. dba Mazzio's
Pizza, 1950 Lower Muscatine.
(new)
(5)
Consider a motion approving a Special Class "C"
Beer/Wine Permit for New Life
Fitness World, Inc.
dba New Life Fitness World,
2220 Mormon Trek.
(renewal)
(6)
Consider a motion approving
a Class "C" Liquor
License for Hilltop Tavern,
LTD. dba Hilltop
Lqqunge, The, 1100 N. Dodge Street. (renewal)
j See
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d.
Resolutions.
jSa'dob
(1)
Consider a resolution accepting the storm sewer
improvements for Washington Park Addition - Part
10.
Comment: See attached Engineer's Report.
e. Setting Public Hearings.
-45g-ao-I (1) Consider a resolution setting public hearing for
November 15, 1988, on the Facilities Plan Update
and Environmental Review for the Wastewater
System Improvements Project.
Comment: This public hearing is required as part
of the federal construction grant application
process. Comments gathered at the hearing will
be forwarded to the Iowa Department of Natural
Resources for review.
j468 -.)OS (2) Consider a resolution setting public hearing for
October 18, 1988, on plans, specifications, form
of contract, and estimated cost for the U.S. 6
and Keokuk Street Intersection Improvement
Project.
Comment: This project includes the installation
of right -turning lanes on the U.S. 6 eastbound
and westbound lanes at Keokuk Street, the
widening of Keokuk Street from U.S. 6 south
through the Hollywood Boulevard intersection with
the associated storm culvert replacement, and the
widening of Keokuk Street from U.S. 6 north
tapering to match the existing width of Plum
Street. Under the U -Step agreement number 88-U-
012 between the City and the Iowa DOT, the State
will reimburse 55% of the eligible costs of
construction to the City. The Engineer's
estimate for the total project is $125,000.00,
with an estimated $65,300.00 City responsibility.
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 3
f. Correspondence.
(1) Letter from John Hayek and Mark Ginsberg
expressing objection to the planned location of a
transformer on East Washington Street. A
recommendation from the Design Review Committee
regarding this matter is on the agenda, Item No.
10.
(2) Letter from the Highlander Inn requesting
expedited action by the Council in regard to the
proposed signage at that location. This matter
is on the agenda as Item No. 4a for setting a
public hearing for October 18, 1988.
(3) Memorandum from the Traffic Engineer regarding
removal of parking prohibition on the frontage
road between Carousel Motors and Highway 1 West.
g. Applications for use of Streets and Public Grounds.
(1) Application from Regina High School for
permission to have the Homecoming 'Parade on
September 29, 1988. (approved)
(2) Application from Hawkeye Yearbook staff for
permission to set up a table next to the
reviewing stand during the U of I Homecoming
Parade from which to sell yearbooks. (approved)
AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 4
ITEM NO. 4 - PLANNING AND ZONING MATTERS.
a. Consider setting a public hearing for October 18,
1988, on an ordinance to amend the sign regulations of
the Zoning Ordinance to permit one large free-standing
sign for highway commercial property located near an
interstate highway.
Comment: The Planning and Zoning Commission, at its
September 15, 1988, meeting, recommended approval of
the proposed amendment by a vote of 3-2 (Dierks and
Cook voting no). The proposed amendment would permit
one free-standing sign for property within 1,000 feet
of an interstate highway right-of-way and in the 01-1
zone to be erected to a maximum height of 65 feet and
a maximum sign area of 500 square feet or 250 square
feet per sign face. The Commission recommendation is
inconsistent with staff.
Action:
b. Public hearing on an ordinance to vacate a 9,720
square foot portion of the Madison Street right-of-way
between Market and Bloomington streets. (V-8805)
Comment: The University of Iowa has requested that
the City of Iowa City vacate the subject right-of-way
to accommodate construction of the new Laser Labora-
tory Building. At its September 1, 1988, meeting, by
a vote of 6-0, the Planning and Zoning Commission
recommended approval of the proposed vacation contin-
gent upon the University agreeing to reconstruct any
portions of an existing sidewalk that may be damaged
or removed during construction of the Laser Laboratory
Building and to designate a pedestrian easement in the.
proposed vacated area where it partially or completely
covers the sidewalk to assure perpetual maintenance of
the sidewalk. This recommendation is consistent with
that of staff in a report dated September 1, 1988.
Action:
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 5
c. Consider an ordinance to amend Chapter 36-23 of the
$8'9� Zoning Ordinance, the Commercial Intensive Zone.
(Second consideration)
Comment: At its September 1, 1988, meeting, the
Planning and Zoning Commission recommended to approve
the proposed amendment by a vote of 4-2 (Clark and
Hebert voting no). The proposed amendment would
permit the location of manufacturing businesses in the
CI -1 zone provided the manufacturing portion of the
business does not exceed 5,000 square feet. Cur-
rently, the entire business may not exceed 5,000
square feet. Provision is also made for 15,000 square
feet of manufacturing usage by special exception. The
Commission's recommendation is consistent with that of
staff. Expedited consideration of this ordinance has
been requested.
'/ G
Action: 6. -ZA-Z A4e O
t " .0
d. Consider a recommendation of the Planning and Zoning
Commission regarding a request to rezone a 1.99 acre
tract located in Johnson County, approximately 1.5
miles east of Iowa City from A-1 to RS. (CZ -8825)
Comment: At its September 15, 1988, meeting, the
Planning and Zoning Commission recommended, by a vote
of 5-0, that the City Council forward a comment to the
County Board of Supervisors that the proposed rezoning
be approved. Approval of this request would permit
the continued use of this farmstead site as a
residential use. The Commission's recommendation is
consistent with that of staff included in a memorandum
dated September 6, 1988.
Action:
AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 6
e. Consider a recommendation of the Planning and Zoning
Commission to restrict parking within the improved
portion of Samuel Drive.
Comment: At it September 15, 1988, meeting, by a vote
of 5-0, the Planning and Zoning Commission recommended
that parking be restricted to one side of Samuel
Drive. The Commission had intended to make this
recommendation a condition to approval of the final
plat of Samuel Drive Subdivision on September 1, 1988.
Council approved the final plat on September 20, 1988.
The Commission's intent was to keep this short, narrow
street from becoming a parking area within the
neighborhood.
Action:
ITEM NO. 5 - PUBLIC DISCUSSION.
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ITEM NO. 6 - ANNOUNCEMENT OF VACANCIES.
a. Senior Center Commission - One vacancy for an
unexpired term ending December 31, 1990 (Geri Hall
resigned).
b. Airport Commission - One vacancy for an unexpired term
ending March 1, 1991 (Jack Ashby resigned).
` These appointments will be made at the November 15, 1988,
meeting of the City Council.
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 7
ITEM NO. 7 - CITY COUNCIL APPOINTMENTS.
a. Consider appointments to the Riverfront Commission to
fill two vacancies for three-year terms ending
December 1, 1991. (Terms of Laura Lovell and Douglas
Jones end.) Dp
Action: Ai;�n0 - X02 aRA7er r �m�.
ITEM NO. 8 - CITY COUNCIL INFORMATION.
ITEM NO. 9 - REPORT ON ITEMS FROM THE CITY MANAGER AND CITY ATTORNEY.
a. City Manager.
ees o��
b. City Attorney.
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 8
ITEM NO. 10 -
OF BOARDS AND COMMISSIONS.
a. Consider recommendation of the Design Review Committee
that the Iowa -Illinois Gas & Electric Company
transformer proposed to be located near the Washington
and Clinton Street intersection be installed
underground.
Comment: At its September 22 meeting, the Design
Review Committee voted 7-0 to recommend undergrounding
of the proposed transformer because of the undesirable
impacts of pad -mount placement on the streetscape and
adjacent properties. A report of the Committee's
discussion is contained in the minutes included in the
agenda packet. Pictures will be available to the
Council at the meeting.
Because the proposed location is within the City's
Downtown Underground Service District, the City may
require that utility system components be placed
underground. Council may concur with this
recommendation by motion and refer the item to the
City Manager for implementation.
Action: ,Iez Z4�4-22
ITEM NO. 11 - CONSIDER A NOTION APPROVING CLASS C LIQUOR LICENSE FOR IOWA
CITY YACHT CLUB INC. DBA IOWA CITY YACHT CLUB CONTINGENT
UPON THE APPLICANT COMPLIANCE WITHIN THE NEXT YEAR WITH THE
RESTAURANT DEFINITION THUS ALLOWING HIM TO OPERATE IN THE
BASEMENT OF THE BUSINESS AT 13 SOUTH LINN AND FURTHER
CONTINGENT UPON ANY ADDITIONAL RENEWALS COMING INTO
COMPLIANCE.
Comment: Iowa City Yacht Club opened one year ago in the
basement with the understanding it was a restaurant.
Council will be considering an ordinance amending section
of Chapter 5 dealing with alcoholic beverages. One
revision would define restaurant. Approval of the renewal
at this time would allow the establishment to remain open
and give the applicant until his next renewal (October
1989) to attain compliance.
Action: Neto
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 9
ITEM NO. 12 - CONSIDER A RESOLUTION RESCINDING RESOLUTION NO. 87-239 AND
PROVIDING FOR AMENDMENTS TO THE SCHEDULE OF FEES FOR BEER
PERMITS, WINE PERMITS, AND LIQUOR LICENSES, RELATING TO
DANCING PERMITS AND TEMPORARY OUTDOOR SERVICE AREAS.
Comment: The resolution sets a minimum fee of $100 per
year for dancing permits, and establishes a $25 per year
fee for a dancing permit in conjunction with Seasonal or
Fourteen -Day license or permit or a temporary outdoor
service area. The resolution also establishes a $100
inspection fee for temporary outdoor service areas operated
in conjunction with a licensed premise where a Seasonal or
Fourteen -Day license or permit would not be necessary.
Staff recommends adoption of this resolution. See attached
memo.
Action: fes° Axx &a &,m"
ITEM NO. 13 - CONSIDER AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF a
ORDINANCES OF THE CITY OF IOWA CITY, IOWA, ENTITLED
'ALCOHOLIC BEVERAGES,' BY (1) 'AMENDING SECTION 5-1 THEREOF
TO PROVIDE DEFINITIONS OF RESTAURANT AND OF TEMPORARY
OUTDOOR SERVICE AREA AND TO UPDATE OTHER DEFINITIONS, (2)
BY AMENDING SECTION 5-6 RELATING TO DANCING PERMITS FOR
LICENSED ESTABLISHMENTS, (3) BY REPEALING SECTION 5-33
RELATING TO THE DURATION OF PERMITS AND LICENSES, (4) BY
AMENDING SECTION 5-41 TO REVISE REGULATIONS REGARDING
OUTDOOR SERVICE AREAS, AND (5) BY ADOPTING NEW SECTION 5-42
AND 5-49 THROUGH 5-52 RELATING TO THE REGULATION OF
TEMPORARY OUTDOOR SERVICE AREAS AND SEASONAL AND FOURTEEN -
DAY LICENSES AND PERMITS. (First Consideration)
Comment: The purpose of this ordinance is to define
restaurant and temporary outdoor service areas and sets up
rules and regulations re temporary outdoor service areas.
Staff recommends adoption of the ordinance. See attached
memo. //
Action: ad 4ro /�Py l� A CD
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 10
ITEM NO. 14 - CONSIDER A RESOLUTION AUTHORIZING ACTION TO QUIET TITLE OR
TO PROVE A PRESCRIPTIVE EASEMENT IN ORDER TO RESOLVE
S� "d09 QUESTIONS REGARDING LAND CONNECTING MELROSE COURT AND
BROOKLAND PARK.
Comment: Lot 20, Brookland Park Addition to Iowa City is a
triangular piece of land which lies immediately northeast
of Brookland Park. For a number of years, there has been a
pathway and sidewalk connecting Melrose Court and the Park,
but there is no record that anyone granted an easement for
that route or conveyed title to the City authorizing that
use. The pathway or sidewalk is located over the westerly
portion of Lot 20. Recently, the owner of the lot, Roy
Yelter, erected a fence on the Melrose Court right-of-way
in front of his house. However, a City inspector
determined that the fence was on City property and demanded
that it be relocated onto private property. Mr. Yelter
then demanded that the City pay him for a tree that was
removed from the westerly portion of his lot, and remove
the sidewalk. After investigation, Terry Trueblood
reported that the tree and sidewalk are on the portion of
the lot west of the driveway and that the City crews have
maintained that portion of the lot for at least 15-20
years. The Legal Department advises that the City appears
to have acquired title to the disputed portion by adverse
possession or, at a minimum, an easement by prescription
has been established for the right-of-way. Mr. Yelter does
not wish to convey the property to the City and is
threatening to fence the entire frontage and close access
to this sidewalk. This resolution is intended to authorize
court action to establish the City's rights in the land.
Action: PAI, , AW 61
ITEM NO. 15 - CONSIDER A RESOLUTION CONDITIONALLY ACCEPTING THE YORK FOR
THE IOWA CITY SWIMMING POOL AT MERCER PARK (MERCER PARK
AQUATIC CENTER), AND AUTHORIZING FINAL PAYMENT UPON
At"?'B-XQ COMPLETION OF CERTAIN WORK ITEMS.
Comment: In April, 1987, the City entered into an
agreement with Larson Construction Company, Inc. for the
construction of the new Mercer Park Aquatic Center. Terms
of the agreement called for a five percent retainage,
amounting to $150,928.05. Council approval is required to
release final payment, which is now being requested,
subject to the items on "Exhibit A" being corrected or
completed prior to the making of that payment.
Action: AalID 244,1- gte _ _GD
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AGENDA
IOWA CITY CITY COUNCIL
OCTOBER 4, 1988
PAGE 11
ITEM NO. 16 - CONSIDER A RESOLUTION CONDITIONALLY ACCEPTING THE WORK FOR
THE RENOVATION OF THE CITY PARK SWIMMING POOL, AND
de a1I AUTHORIZING FINAL PAYMENT UPON COMPLETION OF CERTAIN WORK
ITEMS.
Comment: In August, 1987, the City entered into an
agreement with Larson Construction Company, Inc. for the
renovation of City Park Swimming Pool. Terms of the
agreement called for a five percent retainage, amounting to
$37,505.00. Council approval is required to release final
payment, which is now being requested, subject to the terms
on "Exhibit B" being corrected or completed prior to the
making of that payment.
Action:
ITEM NO. 17 - CONSIDER A RESOLUTION AUTHORIZING JOINT AGREEMENT BETWEEN
THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE CITY
COUNCIL OF THE CITY OF IOWA CITY TO COORDINATE NEGOTIATING
a aia PROCEDURES FOR PURPOSES OF COLLECTIVE BARGAINING.
Comment:. This resolution approves an agreement between the
Iowa City Library Board of Trustees and the City Council to
coordinate negotiating procedures for purposes of
collective bargaining.
Action: AVI6
ITEM NO. 18 - CONSIDER A RESOLUTION AMENDING THE BUDGETED POSITIONS IN
THE WATER DIVISION OF THE PUBLIC WORKS DEPARTMENT AND THE
AFSCME CLASSIFICATION PLAN.
Comment: This resolution amends the budget to reflect the
reordering of positions within the Water Division. This
resolution does not change the number of positions in the
division. Please see memo included in your packet for a
detailed explanation of the changes.
Action: 142e
ITEM NO. 19 - ADJOURNMENT.
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City of Iowa City
MEMORANDUM
DATE: September 30, 1988
TO: City Council
FROM: City Manager
RE: Informal Agenda and Meeting Schedule
October 3. 1988 Monday
6:30 - 8:15 P.M. Council Chambers
6:30 P.M. - Review zoning matters
6:50 P.M. - Reorganization of Legal Department
7:05 P.M. - Kegger Ordinance and Temporary Outdoor Service Areas
7:15 P.M. - Meet with Airport Commission
7:35 P.M. - Council agenda, Council time, and Council committee reports
7:55 P.M. - Consider appointment to Riverfront Commission
8:00 P.M. - Executive Session - Pending Litigation
October 4, 1988 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
October 11, 1988 Tuesday
4:30 P.M. - Council Goal Setting Session - Highlander Inn
October 17, 1988 Monday
6:30 - 8:00 P.M. Council Chambers
Informal Council Meeting - Agenda Pending
October 18, 1988 Tuesday
7:30 P.M. - Regular Council Meeting - Council Chambers
PENDING ITEMS
Leasing of Airport Land for Commercial Use
Stormwater Management Ordinance Review
East Side Storm Drainage Improvements
Environmental Issues re. Land Development
Meeting with Johnson County Board of Supervisors
Appointments to Board of Appeals, Board of Examiners of Plumbers, and Senior
Center Commission - October 18, 1988
Appointments to Human Rights Commission, Parks and Recreation Commission, and
Board of Adjustment - November 1, 1988
Appointments to Airport Commission and Senior Center Commission - November 15,
1988
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