HomeMy WebLinkAbout1978-09-12 AgendaI
Regular Council Meeting Of September 12,1978 4t/63; —/E
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VIICROFILI4ED
BY JORM MIGROLAB CEDAR RAPIDS AND UES MOINES, IOWA
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AGENDA
REGULAR COIINCIL MEETING
SEP'PIimBER 12, 1978
Item No. 1. -
MEETING TO.ORDER. ill ,...,
ROLL CALL.
Item No. 2 -CONSIDER
ADOPTION OF THE CONSENT CALENDAR AS PRESENTED OR AMENDED.
a. Minutes ofBoarda and�'Commissions.
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(1)Airport Commission mmiaslon meeting of August 17, 1978.
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(2) 'Human Rights Commission meeting of August 28, 1978.
(3) 'United Action for Youth Board meeting of August 9,;
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1978.
b. Permit Resolutions, as recommended by the City Clerk.
Resolution Approving Class jC Liquor Control License
Application for itFb Corp. dba/Club Car Lounge, 122 Wright
St. (renewal) AIS
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(2) ,Resolution Approving Class ,C Liquor Control License
Ap-plication
for James L. Strabala dba Deadwood Tavern,
6 S. Dubuque St: (renewal)
(3) Resolution Approving Class C Liquor Control! License
Ap-plication
for I.C.B.B., Ltd. dba/The Brown Bottle, 114 S.
Clinton St. '(renewal)
(4) Resolution Approving Class C Liquor ControllSunday,Salea
License Application for I.C.B.B., W. dba/The Brown
Bottle, 114 S. Clinton St. (renewal)
(5) Resolution Approving in
R C g
PP Cigarette Permit.
C. Resolutions.
Consider a resolution approving the official FY78 Street
Finance Report.
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Comment: As required by the State Code, each municipality r
Is to file a financial report for municipal, streets and
parking with the Iowa Department of Transportation on an i
annual basis.A report has been prepared and approval is
requested for the period beginning July 1,' 1977, and end-
ing .lune 30, 1978.
'- MICROFILMED BY
1 JORM MICR6LAB'.
CCDAR RAPIDS • OCS PIDIBC$
fQICROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND DES MOINES, iUWA
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Agenda
Regular Council
Meeting
September 12,
1978 '7:30 P.M.
Page 2
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d.Setting. Public Hearings.
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(1) Consider Resolution Setttng Public Hearing on Septem-
her 19, 1979, for plans, specifications, and estimate
for the river corridor sewers project.
Comment: As the newspaper did not publish the previous public
hearing notice on the correct date, it is now necessary to 'set
a new .public hearing and publish notice. Estimated cost of the
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project is approximately $4,000,000,
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e. Correspondence. -
(1) Letter from J. Patrick White, First Assistant County'At-
torney, requesting vacation and conveyance by the City
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to Johnson County of the portion of South Capitol Street
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adjacent to the courthouse square. The staff is pre-
paring information for, the Council concerning this mat-
ter.
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(2) Letter from members of Johnson County Citizens Committee
for the Handicapped commending the City for designating
downtown parking spaces for.the handicapped. No reply
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Is necessary.
(3) Memorandum from, the City Engineer regarding signaliza-
tion of College and Linn Street intersection.
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END OF CONSENT CALENDAR.
Item No. 3 -
PLANNING AND ZONING MATTERS.
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a. Consider an ordinance rezoning a tract of land located' at
1804 West Benton Street from RIA to R2. Z-7804. (First
consideration).
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Comment: The Planning and Zoning Commission, at a regular meeting
held on July2O 1978 recommended by a 6 to 0 vote approval of
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an application submitted by .Jehovahs'Witnesses to, rezone a 1.9
acre tract of land °located north of West Benton Street and west
of Emerald Street from an RIA zone to an R2 zone. This recommen-
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dation is consistent with the staff's recommendation presented
in a staff report' dated July 20, 1978, which was attached to the
agenda of August 8, 1978. The proposed rezoning is consistent
with the Comprehensive Plan. A public hearing on this rezoning
was held September 5, 1978.
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Action:
:41CROFILMEO BY
JORM MICR+LA.B
.CEDAR PAPIDS •'DCS M01111
r11CROFILMED;BY JORM MICROLAB CEDAR RAPIDS AND DES MOINES, 10YJA
Agenda
Regular Council Meet ing. -
September 12,
1978: 7:30 P.M.
Page'3
b. : Consider an ordinance amending the Zoning Ordinance by estab-
lishing provisions for elderly housing in the CRS Zone..
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(First consideration)'.
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Comment: The Planning and Zoning Commission, 'at a regular meet
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ing'.held on July 20, 1978, recommended by a 6.'.to 0_vote approval
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of the subject proposed ordinance. This proposed ordinance would
accommodate a proposed elderly housing facility at the corner, of
Dubuque and Court Streets by reducing front yard setback require-
s
ments and by reducing the number of spaces required to one space
for each two units. A public hearing on this item was held on
September 5, 1978.'
Action:
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ordinance t o rezone a tract of land located west
C. Consider an ordina
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of Highway 1 and south of Interstate Highway 80 from RIA to
CO. 7.-7401. (Passed and adopted).
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Comment: The Planning and Zoning Commission, at a regular meeting
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held on July 6, 1978, recommended by a 6 to O'vote approval of, an
application to rezone a21.77 acre tract of land located west
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Highway 1,west of the H.J. Corporation, commonly knownias Howard
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Johnson's, and south of Interstate Highway 80 from an RIA zone
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to'a CO zone. This recommendation is consistent with the staff's
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recommendation presented, in a staff report dated June 21 1978,
which is attached to this This application was initially
,agenda.
submitted in 1974 and it was the staff's recommendation at that
time to defer consideration of the application until a commercial
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office zone was established. The proposed rezoning is consistent
with'the Comprehensive Plan. A public hearing on this item was
held, on, August22, 1978.'
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Action:
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d. Consider a proposed ordinance amending the Zoning Ordinance
by establishing provisions for family care centers. (Passed
and adopted).
Comment: The Planning and Zoning Commission, at a regular meet-
ing held on July 6;;1978, recommended by a 6'to O,,vote approval
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of the subject ordinance 'allowing `six or fewer developmentally
disabled or aged: persons to reside in accommodations provided"
within a single family zone. A public hearing on this item was
held on1 August 22, 1978.
Action:
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Agenda
Regular Council Meeting
September 12, 1978 7:30 P.m.
' Page 4
? Item No. 4 PUBLIC DISCUSSION. -
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I ., � o. 5 - PUBLIC HEARING ON AN ORDINANCE. TO AMEND ORDINANCR N0. 77-2859
WHICH ADOPTED .THE UNIFORM 'BUILDING CODE STANDARDS, 1976 EDITION 4 r
FANO SUBJECT TO CERTAIN AMENDMENTS.
Comment: On July 25, 1978, the Council voted to delete from a proposed'
.;n
amendment of the.Uniform.Building ,Code a provision which would
reduce the size of windows in kitchens from ten (10) square feet
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to three (3) square feet. This ordinanceproposes to make this
amendment at this time.
Action:
Item No. 6 - PUBLIC HEARING ON AN ORDINANCE AMENDING ORDINANCE NO. 2238 BY
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REGULATING THE LOCATION OF ADULT BUSINESSES IN IOWA CITY.
Comment: Since the new criminal code went into effect in January of 1978,
bars have not: been allowed to feature nude dancers. In a number
of, Iowa communities, tavern owners have created a'separate business
adjacent to the tavern which features nude dancers but',does not
serve liquor. Such an arrangement frustrates the intent of the
legislature and is a triumph; of form over substance.' It would
create law enforcement ',problems because there would be,a tend-
ency of.tavern customers to want to take their drinks With them
next door to watch the dancing. While we might be able to pro-
hibit the adjacent room under the present code, this amendment
will remove any doubt.'' I
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The provision that business may not he within 500 feet from each
other has been added to prevent a concentration of
such businesses
In one area. Such a provision has been upheld in other juris-
dictions because it has' -been found desirable not to'create `a
"combat zone".
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JORM MIC1146LAB
CEDAR RAPIDS • DCS MOINES
MICROFILMED BY JORM 141CROLAB CEDAR RAPIDS AND DES MOINES, IUWi1
Agenda
RegnlarCouncil
Meeting
-
September 12,'lg78
7:30 P.M.
Item No. 6 (continued)...
A public hearing was held on thls ordinance an June 27, 1978,
at which time the Council referred the matter to the Planning
and Zoning Commission.; The Planning and Zoning Commission dis-
cussed this ordinance at: its meeting of August 3, 1978, and has
recommended that it be approved with the substitution of the
words "such as" in place of "including but not limited to'."
Another public hearing is being held because of the time lapse
since the first public hearing.
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Item,No. 7
PUBLIC HEARING ON WHETHER A BEER AND LIQUORR LICENSE ISSUED THE, ... _
COPPER DOLLAR OF'IOWA CITY, INC.dba/COPPER DOLLAR SHOULD RE RB-
VOKED OR SUSPENDED FOR VIOLATIONS OF LIQUOR REGULATIONS OF THE
IOWA CITY MUNICIPAL CODE.
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Comment:
When the Council considered the renewal of the liquor license
for the Copper Dollar on June 27, 1978, they noted that Chief.'
Miller had received complaints regarding loud groups outside
the premises, the accumulation of debris on the sidewalk and
adjoining property, and the service of liquor after legal closing
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time. The Council 'asked '.the staff to set a.hearing '.for Septem-
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her 12,'1978, so that they may evaluate the efforts of the new
management to bring the establishment into compliance with state
and local regulations. A memorandum from Police Chief Miller is
attached to the 'agenda advising that, the new management is mak-
ing an effort to comply with the City Code and State law. It,
Is recommended that this public hearing be deferred pending an-
other quarter
quarter of a year's experience (January 9, 1979).
Action.
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Item No. 8 -
PUBLIC HEARING TO CONSIDER PROVIDING ASSISTANCE TO THE ECUMENICAL
HOUSING CORP. IN THE CONSTRUCTION',OF 100 UNITS OF SUBSIDIZED
HOUSING FOR THE ELDERLY,
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Comment:
The Ecumenical Housing Corporation has requested that the site:
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for', their 100 units of subsidized elderly housing be sold at
less than full market value.The request is based on the factl,
that HUD will not allow a land cost as high as the full fair
market value.' The City has the authority to undertake such a
subsidy; under Section 403A of the Code of Iowa. This'hearinp
is being held to allow the City Council to consider undertaking
the project. Material concerning this subject was furnished in
:
the information packet dated August 25, 1978.
Action:
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Agenda
Regular Council.
Meeting
September 12,
1978 7:30 P.M.
PBge 6,
Item No. 9 -.
PUBLIC HEARING.ON A PROPOSAL TO SELL. REAL PROPERTY.
Comment:
The Council has adopted n Resolution Proposing,. to Sell Reale.
Property to Old Capitol Associates. The proposal is, to sell
a portion of. the Capitol and Washington Street rights-of-way j
for redevelopment.
Action:
Item No. 10 -.
PUBLIC HEARING ON PROPOSED. PLANS, SPECIFICATIONS, CONTRACT AND
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ESTIMATED COST FOR THE SERVICE BUILDING ADDITION PROJECT. '
Comment:
'.A public hearing was previously',held on July 25. Due to an ad- i
dition of a sprinkling system and variousdeletions on the plans, ?
the Legal Department suggested that a new public hearing beheld.
The cost estimate is $205,000. ',If'there'is no adverse public i
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comment, it is suggested that Council approve the, plans and spec-
ificatlons so construction can start as soon as possible this
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fall.
Action:
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Item No. ll -
CONSIDER RESOLUTION APPROVING PLANS, SPECIFICATIONS, FORM OF CON-
TRACT AND ESTIMATE FOR THE SERVICE BUILDING ADDITION PROJECT.
Comment:
See Item No. 10 and comment.
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Action:
Ingo- I r±r` i` ..
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Item No. 12 -
CITY COUNCIL. APPOINTMENTS.
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a. Consider an appointment to the Mayor'a Youth Employment
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Board for an indefinite term,
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Action:
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b. Consider an appointment to the United Action for Youth Board
for a term expiring June 30; 1979.
Action:
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It was moved by
and
seconded by
than the
Ordinance be adopted, and upon roll
call there
were:
AYES:', NAYS: ABSENT:
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Balmer
— deProsse
— - Erdahl
— Neuhauser
— Perret
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Roberts
— —
Vevera
First consideration
Vote for passage:
Second consideration
Vote for passage:
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- CEDAR RAPIDS • 01S MOINES
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Agenda
Regular Council
Meeting
September 12,:1978
7:30 P.M.
Page 7
Item No. 13
- CITY COUNCIL INFORMATION.'
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Item No. 14 -
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a4 5f C�Gi:I4t/C.�_19
REPORT ON ITF14S FROM THE CITY MANAGER AND CITY ATTORNEY.
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a. City Manager.
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b. City Attorney.
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Item No. 15 -
CONSIDER RESOLUTION AUTHORI7.ING MAYOR TO EXF.CUTF. ANG
A RE .ME
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WITH C.R.I.dP. RAILROAD COMPANY."
Comment:
This agreement stipulates that the City will pay $500 for an ease-
ment across the CRISP tracks for the South Gilbert Street Project, F
Further it 'states that the City will pay the actual construction !
costs for'the "at -grade" crossing as part of the FAUS project.
The total estimated cost for the crossing is approximately $46,000
(70/30 federal funds).This is exclusive of the signals for
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the crossing which will be handled with's separate agreement t
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141CROFILMED BY
JORM MICR46LAO
CEDAR RAPIDS • 115 MOINES
111CROFILMED BY JORM MICROLAB
CEDAR RAPIDS AND UES',I•IUINES, 10YlA
Agenda
Regular Council. Meeting
..
September 12,
1978 7:30 P.M.
Page 8.
.:
-. Item. No. 15. (continued)
(IDOT negotiating at this time) since it involves a safety fund
with 90/10 matching funds. This crossing cost is slightly higher
than normal since it will be done with the newer "rubberized"
material, but will give a better crossing for a longer period of
time.. Public .Works recommends �ladoption ofthe resolution...
'., Action:
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Item No. 16 -
'CONSIDER AN ORDINANCE VACATINCI,STREF.TS.WITHIN THE URBAN RENEWAL
'.
PROJECT AREA.. (Secondconsideration).
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j Comment:
The Council has, by Resolution; proposed to sell portions of Capi-
tol and. Washington Streets to Old Capitol Associates, for redevelop-
ment. The right-of-way must he vacated prior to conveyance.'
This ordinance vacates the real property under consideration for
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sale. The staff recommends adoption of this ordinance.
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Action:
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Item No. % -
'COkSIVER AN'ORDI�NCF. TO'IMPOSE. A X TAX ON THE GROSS'RECEIPTS
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OF.MOTFL-S. HOTELS, AND SIMILAR ACCOMMODATIONS IN IOWA CITY, IOWA,
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EFFECTfLVE�APRIL 1, 1979 „ AND'PLACING THE QUESTION ON THE BALLOT
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HE.. V
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_IR -THE NO EMBE7 1 78 GENERAL ELECTION. i ' First consideration).
Comment:
This Ordinance will impose a _% tax on the gross receipts of
motels, hotels and similar accommodations in Iowa City, Iowa.
The tax would become effective on April 1, 1979, which is the
first possible date under, the statutes. In 'order for the tax
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to become effective, it must be approved by the voters of the
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City at the general election on November 7, 1978. The election
notice must be certified to the Election Commissioner in Des
Moines not later than 5-00 P.M. on September 13, 1978. It is
recommended that the City Council give this ordinance all three
;
readings at the meeting of September 12, so that there will be
sufficient time to file with the Commissioner. The Council is
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requested that this matter be brought to its attention after
Coralville initiated action. Coralville has approved an ordin-
ance on first consideration for a 52 tax. This item was de-
ferred from the agenda of September'5, 1978.
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Action:
Item No. %�-
hDJOURNMENT
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City Council
Informal Agendas
and Meeting Schedule
September 8, 1978
Page 2
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October 2 1978
Monday
j
1:30 - 5:00 P.M.
1:30 P.M.
- Review zoning applications
2:00 P.M.
- Discuss ',plans and specifications for Block 83/84 Parking
Garage - Public Works
3:00 P.M.
- Discuss Council agenda and Council time
October 3 1978
Tuesday
10:00 A.M.
- °Meeting between "City Council and Johnson County. Board of
Supervisors regarding land control and other subjects -
Courthouse'Annex,
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7:30 P.M.
- Regular 'CounciI Meeting -,Council Chambers
Pending items:
EEOC Update
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Northside Study
Board and Commission views to State and Federal agencies
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