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HomeMy WebLinkAbout1996-06-04 Council minutesSubject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES JUNE 4, 1996 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Norton, Novick, Thornberry, Vanderhoef. Absent: Lehman. Staffmembers present: Atkins, Helling, Woito, Karr, Franklin, Hagarty, Schmadeke, Moreno, Fosse. Council minutes tape recorded on Tapes 96-68, Side 2 & 96-71, Side 1. The Mayor presented a framed Olympic print to Recreation Supt. Mike Moran acknowl- edging the departments efforts coordinating the Olympic Torch Relay through Iowa City. Moved by Norton, seconded by Vanderhoef, that the following items and recommenda- tions in the Consent Calendar be received, or approved, and/or adopted as amended: Approval of Official Council Actions of the regular meeting of May 21, 1996, and the special meeting of May 28, 1996, as published, subject to corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Civil Service Comm. - April 4, 1996; Design Review Comm. -April 16, 1996, April 29, 1996;P&Z Comm.-May 16, 1996. Permit Motions: Approving a Class A Liquor License for Weeks - Van Eck V.F.W. Post #3949, 609 Hwy. 6 Bypass E. Approving a Class E Beer Permit for John's Grocery, 401 E. Market St. Approving a Class E Beer Permit for Walgreens, 1646 Sycamore. Approving a Class C Beer Permit for Wareco #446, 828 S. Dubuque St. Approving a Class B Beer Permit for Bread Garden, 224 S. Clinton St. Approving a Class C Beer Permit for Gasby's Downtown, 114 E. Washington St. Approving a Class C Liquor License for Dublin Underground, 5 S. Dubuque St. RES. 96-150, Bk. 115, p. 150, ISSUING CIGARETTE PERMIT. Resolutions, Bk. 115: RES. 96-151, p. 151, AUTHORIZING THE MAYOR TO SIGN AND CITY CLERK TO ATTEST THE EASEMENT AGREEMENT FOR TEMPORARY USE OF PUBLIC RIGHT-OF-WAY BETWEEN THE CITY OF IOWA CITY, AND OUT TO LUNCH, INC. D/B/A AS BLIMPIE AND UNCOMMON GROUNDS FOR A SIDEWALK CAFE. RES. 96-152, p. 152, AUTHORIZINGTHE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST A SUBORDINATION AGREEMENT BETWEEN THE CITY OF IOWA CITY AND HILLS BANK AND TRUST COMPANY FOR PROPERTY LOCATED AT 1202 MARCY STREET, IOWA CITY, IOWA. RES. 96-1 53, p. 153, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A-tEN YEAR NO-INTEREST DECLINING BALANCE RENTAL REHABILITA- TION LiEN FOR THE PROPERTY LOCATED AT 918 E. BLOOMINGTON STREET, IOWA CITY, IOWA. RES. 96-154, p. 154, ACCEPTING THE WORK FOR THE SANITARY SEWER PUBLIC IMPROVEMENTS FOR WINDSOR RIDGE, PART 6. RES. 96-155, p. 155, AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE PARTIAL RELEASE OF A SANITARY SEWER, STORM SEWER, AND DRAINAGE EASEMENT LOCATED ON LOTS 168A & 168B IN COURT HILL-SCOTT BOULEVARD ADDITION PART IX, AND TO APPROVE AND EXECUTE AN ANCILLARY SANITARY SEWER, STORM SEWER, DRAINAGE AND UTILITY EASEMENT AGREEMENT FOR'[HE SAME PROPERTY. RES. 96-156, p. 156, APPROVING, AND AUTHORIZING AND DIRECTING THE MAYOR EXECUTE AND THE CITY CLERK TO ATTEST, A LICENSE AGREEMENT FOR THE TEMPORARY USE OF PUBLIC RIGHT-OF-WAY AND AN AGREEMENT FOR THE SUBORDINATION OF SUCH USE TO EXISTING EASEMENT RIGHTS, AND TO ACCEPT THE DEDICATION OF ADDITIONAL RIGHT-OF-WAY ALONG BARRINGTON ROAD IN WINDSOR RIDGE SUBDIVISION. RES. 96-157, p. 157, ACCEPTING '[HE WORK FOR THE IOWA RIVER FLOOD REPAIRS PROJECT. Council Activities June 4,1996 Page 2 Correspondence: Mark and Ronda Lipsius regarding refuse and recycling for "four-plexes." John and Margaret Clancy/James and Joanna Clancy regarding traffic light at junction of Dubuque Road and Highway 1. Gregory Kovaciny, Bicyclists of Iowa City, Inc., regarding possible designated on-street bicycle routes, currently approved map of designated routes, and "Share the Road" signs. Rev. Roy C. Nilsen, Zion Lutheran Church, regarding Oakland Cemetery. Richard Dolezal regarding Oakland Cemetery. Lynn Stamus regarding community raised bed gardening. AI Stroh regarding library drop-off box. "The Monday Form" regarding downtown Iowa City. Civil Service Comm. submitting certified list of applicants for the position of Maintenance Worker I- Refuse. Applications for Use of City Plaza: Susan Calimeri, Baha'i literature distribution - May 24, 1996, approved. Rochelle Prunty, New PioneedlCARE Pancake Breakfast - June 16, 1996, approved. Liz Dueland, Iowa Arts Festival- June 14-16, June 21-23, and June 28-30, 1996, approved. Applications for Use of City Streets and Public Grounds: Sean McCarty, McCarty wedding golf caravan - May 25, 1996, approved. Liz Dueland, Iowa Arts Festival - June 14-16, June 21-23, and June 28-30, 1996, approved. Affirmative rol~ call vote unanimous, 6~0, Lehman absent. The Mayor declared the motion carried. Sue Dulek, Neighborhood Centers of Johnson County, thanked Council for their continued support of community policing, and updated Council on the new building scheduled for occupancy July 1st. Moved by Kubby, seconded by Norton, to set a public hearing for July 2, 1996, on the designation of 37 properties as Iowa City historic landmarks. The Mayor declared the motion carried unanimously, 6/O, Lehman absent. Moved by Vanderhoef, seconded by Kubby, to set a public hearing for July 2, 1996, on an ordinance amending the Zoning Chapter by rezoning the following properties located in Iowa City, Iowa, and owned by The University of Iowa to P, Public: 1 E. Park Road (RNC-20), 234 N. Madison Street (RM-44), northwest corner of Dubuque and Church Streets (RM-44), 230 N. Clinton Street (PRM), 324 S. Madison Street (CB-2), 300 Myrtle Avenue (RS-5), 421 Melrose Avenue (RS-5), 315 Melrose Avenue (RS-8), 121 Grand Avenue Court (RS-8), 127 Grand Avenue Court (RS-8), 129 Grand Avenue Court (RS-8), and 2222 Old Hwy 218 S. (I-1). The Mayor declared the motion carried unanimously, 7/0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Chapter by condition- ally rezoning a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Commercial, for property located east of Sunset Street on the south side of Highway 1 (RuppertNVisdom Development Group). No one appeared. Moved by Kubby, seconded by Baker, to continue the public hearing to June 11, 1996. The Mayor declared the motion carried unanimously, 6/0, Lehman absent. Moved by Kubby, seconded by Norton, to defer to July 16, 1996, the ordinance amending City Code Title 14, Chapter 6, "Zoning," Article J, "Overlay Zones," by creating a new overlay zoning district entitled "Design Review Overlay Zone, "The Mayor declared the motion carried unanimously, 6~0, Lehman absent. Moved by Vanderhoef, seconded by Norton, that the ordinance amending the Zoning Chapter by rezoning a 1.79 acre tract from CC2, Community Commercial to OSA/CC2, Sensitive Areas Overlay/Community Commercial Zone and approval of a prehminary Sensitive Areas Development Plan for property located at the intersection of Sturgis Corner Drive and Highway 6 (Anderson), be given first vote for consideration. Affirmative roll call vote unani- mous, 6~0, Lehman absent. The Mayor declared the motion carried. Council Activities June 4, 1996 Page 3 Moved by Norton, seconded by Baker, to adopt ORD. 96-3734, Bk. 39, p. 28, AMEND- iNG THE ZONING CHAPTER BY CHANGING THE USE REGULATIONS OF AN 3.09 ACRE TRACT OF LAND LOCATED WEST OF SCOTT BOULEVARD AND SOUTH OF MUSCATINE AVENUE ON VILLAGE ROAD FROM RS-5 TO OPDH-5, A PRELIMINARY PLANNED DEVELOP- MENT HOUSING (OPDH) PLAN FOR VILLAGE GREEN, PART XIV (Village Partners/Frantz). Affirmative roll ca~l vote unanimous, 6~0, Lehman absent. The Mayor declared the ordinance adopted. Moved by Kubby, seconded by Baker, to adopt RES. 96-158, Bk. 115, p. 158, AP- PROVING THE PRELIMINARY PLAT OF VILLAGE GREEN, PART XIV, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Thornberry, seconded by Vanderhoef, to defer to June 11, 1996, a resolu- tion authorizing construction at the Iowa City Municipal Airport of a 100' x 100' hangar building with a 20' x 40' attached office area. The Mayor stated the matter was being deferred to allow the Commission time to secure signed leases prior to the start of construc- tion. The Mayor declared the motion carried unanimously, 6~0, Lehman absent. Moved by Kubby, seconded by Norton, to adopt RES. 96-159, Bk. 115, p. 159, AUTHORIZING APPLICATION FOR 1996 COMPREHENSIVE IMPROVEMENTS ASSISTANCE PROGRAM (CLAP). Housing Administrator Hagarty present for discussion. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor declared the resolution adopted. The Mayor encouraged everyone to vote in the primary election. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-160, 8k. 115, p. 160, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST CONTRACT FOR THE CONSTRUCTION OF THE SILURIAN WELLS NO. 3 AND NO. 4 IN CONNECTION WITH '[HE WATER SUPPLY AND TREATMENT FACILITIES PROJECT to Layne-Western, Inc. for $107,284.70. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Vanderhoef, seconded by Norton, to adopt RES. 96-161, Bk. 115, p. 161, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF CONTRACT 2 OF THE WASTEWATER TREATMENT CONNECTION PROJECT, ALSO KNOWN AS NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT to Kleiman Construction, Inc. for $5,779,091.00. PW Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Norton, to adopt RES. 96-162, Bk. 115, p. 162, AUTHORIZING '[HE MAYOR TO SIGN AND CITY CLERK TO ATTEST AMENDMENT NO. 4 TO THE AGREEMENT DATED OCTOBER 26, 1993, BETWEEN STANLEY CONSULTANTS, INC., OF MUSCATINE, IOWA, AND THE CITY OF IOWA CITY FOR CONSULTING SERVICES DURING CONSTRUCTION OF CONTRACT 2 - NAPOLEON PARK PUMPING STATION AND NORTH PLANT IMPROVEMENTS PROJECT. PW Director Schmadeke present for discussion. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Vandenhoer, seconded by Baker, to adopt RES. 96-163, Bk. 115, p. 163, AWARDING CONTRACT AND AUTHORIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST A CONTRACT FOR CONSTRUCTION OF THE 1996 SANITARY AND STORM SEWER PROJECT to L.B. Inc./C. & L. Development for $71,272.40. City Engr. present for discussion. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Council Activities June 4, 1996 Page 4 Moved by Baker, seconded by Vanderhoef, to adopt RES. 96-164, Bk. 115, p. 164, AUTHORIZING ACQUISITION OF PERMANENT AND TEMPORARY CONSTRUCTION EASE- MENTS AT 2408 WHISPERING PRAIRIE AVENUE FOR THE CONSTRUCTION OF THE 1996 STORM AND SANITARY SEWER PROJECT. City Engr. Fosse present for discussion. Affirma- tive roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Norton, seconded by Thornberry, to adopt RES. 96-165, Bk. 11 5, p. 165, AWARDING CONTRACT FOR CONSTRUCTION OF THE 1996 MAINTENANCE AND REPAIR PROJECT - CAPITOL STREET PARKING RAMP to Paragon Constructors, Inc. for ~)246,212.00. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6~0, Lehman absent. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Baker, to adopt RES. 96-166, Bk. 115, p. 166, APPROVING, AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST AN AGREEMENT BY AND BETWEEN THE CITY OF IOWA CITY AND HOWARD R. GREEN COMPANY CONSULTING ENGINEERS TO PROVIDE ENGINEERING CONSULTANT SERVICES FOR THE IOWA CITY SANITARY LANDFILL. City Engr. Fosse present for discussion. Affirmative roll call vote unanimous, 6/0, Lehman absent. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Design Review Comm. - Two vacancies for three-year terms ending July 1, 1999. These appointments will be made at the June 11, 1996, meeting of the City Council. ¥he Mayor stated applications were available in the City Clerk's office and encouraged citizens to apply. Council Member Baker questioned the weather as a possible factor in delay of City construction projects. The City Mgr. reported delays on several projects. Baker noted the memo from the City Clerk regarding moving the 4th of July fireworks back to City Park and stated his support. The Mayor stated the individual working on this matter will be contacting the Jaycees directly. Baker displayed former Council Member Jim Throgmorton's new book entitled "Planning as Persuasive Storytelling - The Rhetorical Construction of Chicago's Electric Future". Council Member Thornberry reported the City Manager is following up on his earlier requests concerning a turn signal at the corner of Gilbert and Kirkwood, and the possibility of relocating forestry trucks off of the cemetery on weekends only. Thornberry distributed copies of an article from a recent Wall Street Journal dealing with the Adams Memorial Library in Latrobe, PA., regarding location of a branch library in a grocery store. Thornberry acknowl- edged the presentation of the Monday Forum and thanked them for their efforts. Council Member Kubby thanked city crews, private companies, citizens, and neighbors for their help ~n cleaning up last week's storm damage. She also alerted the community that city crews would continue to pick up storm damage yard items left at the curb through June 7. Kubby congratulated two United States Small Business Administration State award winners: Gary Carlson, Clifton Gunderson & Co., 1996 Iowa Accounting Advocate and Chris Pacek, Iowa State Bank & Trust, 1996 Iowa Women ~n Business Advocate. Kubby reminded citizens the Downtown Association Dunk Tank event with City Councilors has been resched- uled for June 6, w~th proceeds going to the Free Medical Clinic. Kubby requested Council not have meetings on election days in the future. Council Member Norton seconded remarks of Council Member Thornberry concerning the Monday Forum presentation, and encouraged their efforts. Norton referred to the memo from P&R Director Trueblood regarding clean up of the City Plaza and suggested staff further research additional crews from 2:00 to 6:00 PM. In response to Norton's concerns regarding the clean up of the Sturgis Ferry Park, the City Mgr. reported on a staff committee headed by P&R Director Trueblood and said a report was forthcoming. Norton questioned the status of repairing railroad crossings. The City Mgr. stated that crossing repairs are scheduled with the Council Activities June 4, 1996 Page 5 railroad companies and often in conjunction with City projects in the area. Norton encouraged the consideration of a low income policy for City services quickly· Council Member Vanderhoef noted the re-painting of street markings and questioned the durability of the paint. The City Mgr. replied the paint is regulated by the federal govern- ment and purchased within those requirements. The Mayor reported on good comments she received regarding city crews cleaning up of storm damage, and asked the City Manager to relay comments to the City employees. Mayor Novick acknowledged the efforts of Recreation Supt. Moran on the Olympic Torch Relay. The Mayor noted the recent departure of three City employees: Senior Center Coordi- nator Bette Meisel; Asst. City Atty. Anne Burnside; and Community Development Coordinator Marianne Milkman. The City Manager reported that approximately 200 city street trees had been damaged as a result of the storm the previous week, and were being assessed by the City Forester. He noted the assessment process would take some time, and asked citizens to report any trees that had immediate danger and be patient on the other damaged trees. The City Arty. reported that Police Chief Winkelhake had given an excellent presenta- tion to the noon Kiwannis concerning Neighborhood Policing. Moved by Kubby, seconded by Norton, to adjourn 8:45 p.m. The Mayor declared the motion carried unanimously, 6/0, Lehman absent, NaZi J. , 'Mayor Mar~af~ K. Karr, City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following pro- ceedings and claims is $ . Cumula- tive cost for this calendar year for said publica- tion is $ OFFICIAL COUNCIL ACTIONS - 5/21/96 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. The Mayor proclaimed Bicycle Month - May, Greg Kovaciny accepted; Good Sam Clean-up Day - May 28, Jeanette Fulton, President of Herky City Sam's, accepted; Olympic Torch Relay Day - May 30, Margaret Silber accepted; Systems Unlimited Week - June 2-8, Mike McKay accepted. The Mayor presented the Outstanding Stu- dent Citizen Awards to Mark Twain Elementary School students: Kristin Bosch, Lindsey DeFrance, Zac Hill, Tara Olsen. Moved and seconded that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Official Council Actions of the special and regular meetings of May 7, as pub- lished, subject to corrections, as recom- mended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - April 10. Airport Comm. - April 1 1. Human Rights Comm. - April 22. (a) Recommend that the Council con- tinue to announce the gender make-up of all Iowa City boards and commis- sions as vacancies occur and to contin- ue to strive for gender equality. Broadband Telecomre. Comm.- April 22. P&Z Comm. - May 2. Permit Motions: Class C Liquor License for Colonial Lanes, 2253 Old Hwy. 218 S. Class C Liquor License for Gunnerz, 123 E. Washington St. Class C Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Class C Liquor License for Linn Street Care, 121 N. Linn St. Class E Beer Permit for Kum & Go//422, 513 S. Riverside Dr. Class C Liquor License for Fitzpatrick's, 525 S. Gilbert St. Outdoor Service Area for Fitzpatrick's, 525 S. Gilbert St. RES. 96.137, ISSUE DANCING PERMIT. Motions: Approve disbursements in the amount of $7,779,204.01 for the period of Official Actions May 21, 1996 Page 2 April 1 through April 30, as recommended by the Finance Director subject to audit. Resolutions: RES. 96-138, AUTHO- RIZING THE MAYOR TO SIGN AND THE CITY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A NO INTEREST LIFE LIEN FOR PROPERTY LOCATED AT 930 HUDSON AVENUE, IOWA CITY, 10WA. RES. 96-139, ACCEPTING WORK FOR THE FAIRVIEW AVENUE/HIGH STREET STORM SEWER PROJECT. Correspondence: Sally Crowe and Lucy Choisser, Penny Bryn Neighborhood Associ- ation regarding traffic calming around Wil- low Creak Park. Jean Blair regarding back-oilling policy. Jim and Ceil Pickering regarding design review. Richard A. Perkins, D.D.S. and Bart J. Thompson regarding backflow prevention valves. Marjorie A. Jones regarding Oakland Cemetery. Memo- randum from Traffic Engineer regarding handicap parking in the 500 block of E. Davenport Street. Memorandum from Civil Service Commission submitting certified list of applicants for the position of Special Projects Inspector. Jen Madsen regarding local option sales tax. Applications for Use of City Plaza: John Murphy, Downtown Association Fami- ly Fun Day - May 25, approved. Mark Ginsberg, Jazz Fest Amana Recycling Dem- onstration - July 3 and 4, approved. Applications for Use of City Streets: Yvonne Putz, Cystic Fibrosis Foundation Great Strides Walk - May 19, approved. Patricia Van Eck, Oakland Cemetery Me- morial Day Service - May 27, approved. Vicki Jennings, HealthFIRST Family Fun Run and Walk - May 30, approved. John Peters, Fourth Annual Mormon Trek Commemo- rative - June 8, approved. Caroline Yocum, Concern for Women Walk-A-Thon - June 22, approved. The Mayor declared the motion carried. Dick Dolezal appeared regarding City equipment in Oakland Cemetery. Moved and seconded to set a public hearing for June 4, on an ordinance amending the Zoning Chapter by conditionally rezoning a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Commercial, for property located east of Sunset Street on the south side of Highway 1. The Mayor declared the motion carried. A public hearing was held on an ordinance amending the Zoning Chapter by rezoning a Official Actions May 21. 1996 Page 3 1.07 acre tract from CC2, Community Com- mercial to OSA/CC2, Sensitive Areas Over- lay/Community Commercial Zone and approval of a preliminary Sensitive Areas Development Plan for property located at the intersection of Sturgis Corner Drive and Highway 6. Moved and seconded that the ordinance amending the zoning ordinance by changing the use regulations of an approximate 3.09 acre tract of land located west of Scott Boulevard and south of Mu$catine Avenue on Village Road from RS-5 to OPDH-5, a preliminary planned development housing (OPDH) plan for Village Green, Part XlV, be given second vote for consideration. The Mayor declared the motion carried. Moved and seconded to adopt ORD. 96- 3732,26, AMENDING THE ZONING CHAPTER OF THE CITY CODE BY CHANGING THE USE REGULATIONS OF A 1.88 ACRES LOCATED AT 3263 ROHRET ROAD FROM RR-1, RURAL RESIDENTIAL, TO RS-5, LOW DENSITY SINGLE-FAMILY RESIDENTIAL. Moved and seconded to adopt RES. 96-140, APPROVING A PRELIMINARY AND FINAL PLAT OF BROKEN ARROW ESTATES SUBDIVISION, IOWA CITY, IOWA. Moved and seconded to adopt RES. 96.141, EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PART EIGHT. Moved and seconded to accept correspondence from Dale Sanderson, attorney for Hunters Run Develop- ment Company. The Mayor declared the motion carried. A public hearing was held on amendments to the FY96 Action Plan Budget that is a part of the City's Consolidated Plan (CITY STEPS). Moved and seconded to adopt RES. 96-142, ADOPTING AMENDMENTS TO THE FY96 AC- TION PLAN BUDGET THAT IS A PART OF THE CITY'S CONSOLIDATED PLAN (CITY STEPS). A public hearing was held on plans, speci- fications, form of contract and estimate of cost for construction of the Abbey Lane Trunk Sew- er and Kiwanis Park Stormwater Improvements Project. Judy Pfohl, 2229 Abbey Lane, appeared. Moved and seconded to accept correspondence from: Mr & Mrs. Keamey; Judy Pfohl; Richard & Karen Hoffman. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-143, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ABBEY LANE TRUNK Official Actions May 21, 1996 Page 4 SEWER AND KIWANIS PARK STORMWATER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUB- LISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Moved and seconded that the ordinance amending Title 3, Chapter 4, Subsection 6, entitled "Public Transportation," be given second consideration at thistime. City Attorney Woito present for discussion. Moved and sec- onded to amend the ordinance by changing four items: 1) add monthly pass for low-income persons of $20.00; 2) change the rates for elderly persons non-peak hours from $.25 to $.35; 3) add "plus fuel tax surcharge" to "Use of City transit vehicle, per vehicle, per hour"; 4) change "handicapped" to "persons with disabil- ities". The Mayor declared the motion to amend carried. The Mayor declared the motion carried on second consideration of the ordinance. Moved and seconded to defer indefinitely and refer to the Planning & Zoning Comm., an ordinance amending Title 14, Chapter 6, Article 0 entitled "Sign Regulations," to delete specific regulation of "Political Signs," and to amend regulations applicable to all temporary signs, including political signs. The Mayor declared the motion carried. Moved and seconded to defer to June 4, a resolution authorizing construction at the Iowa City Municipal Airport of a 100' x 100' hangar building with a 20' x 40' attached office area. The Mayor declared the motion carried. Moved and seconded to adopt RES. 96-144, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CITY CLERK TO AT- TEST CONTRACT FOR CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUC- TION PROJECT, STP-U-3715(6)--70-52. Moved and seconded to adopt RES. 96-145, EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CON- SULTANT SERVICES DURING THE CONSTRUC- TION OF THE MELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I [PRO- JECT NO. BRM-3715(2)--8N-52]. Moved and seconded to adopt RES. 96-146, AMENDING THE BUDGETED POSITION IN THE EMERGENCYCOMMUNICATIONS DIVISIONOF THE POLICE DEPARTMENT BY ADDING ONE EMERGENCY COMMUNICATIONS DISPATCH- ER POSITION. Official Actions May 21, 1996 Page 5 Moved and seconded to adopt RES. 96-147, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1996, THROUGH JUNE 30, 1999. Moved and seconded to adopt RES. 96-148, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A SUR- VEY/EVALUATION AND PREPARING A NA- TIONAL REGISTER NOMINATION FOR A POR- TION OF THE LONGFELLOW NEIGHBORHOOD. Moved and seconded to adopt RES. 96-149, RATIFYING SETTLEMENT OF PENDING LITIGA- TION, refund of $73,096.09 to David Baculis & Baculis Mobile Homes, Inc. The Mayor noted the previously announced vacancies: Design Review Comm. - Two vacan- cies for three-year terms ending July 1, 1999. These appointments will be made at the June 11, meeting of the City Council. Moved and seconded to adjourn 9:25 p.m. The Mayor declared the motion carried. For a more detailed & complete description of Council Activities & Disbursements, see Office of City Clerk and Finance Department. s/NAOMI NOVICK, MAYOR s/SUS,~.N K. WALSH, DEPUTY CITY CLERK Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. The cost of publishing the following proceed- ings and claims is ~ . Cumulative cost for this calendar year for said publication is ~ OFFICIAL COUNCIL ACTIONS - 5/28/96 Iowa City City Council, special meeting, 6:25 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Moved and seconded to adopt ORD. 3733, AMENDING THE FINANCES, TAXATION, AND FEES CHAPTER OF THE CITY CODE BY AMENDING TITLE 3, CHAPTER 4, SUBSECTION 6, ENTITLED "PUBLIC TRANSPORTATION," TO INCREASE THE FARES FOR PUBLIC TRANSPORTATION. Moved and seconded to adjourn into executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried. Moved and seconded to adjourn 6:50 p.m. The Mayor declared the motion carried. A more complete description of Council activities is on file in the office of the City Clerk. s/NAOMI J. NOVICK, MAYOR s/MARIAN K. KARR, CITY CLERK Submitted for publication 5/30/96 Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 21, 1996 Iowa City City Council, regular meeting, 7:30 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton,.Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Atkins, Helling, Woito, Walsh, Franklin, Trueblood, Fowler, Logsden, Fosse, Scott. Council minutes tape recorded on Tapes 96-59, Side 2; 96-65, Sides 1 & 2. The Mayor proclaimed Bicycle Month- May 1996, Greg Kovaciny accepted; Good Sam' Clean-up Day - May 28, 1996, Jeanette Fulton, President of Herky City Sam's, accepted; Olympic Torch Relay Day - May 30, 1996, Margaret Silber accepted; Systems Unlimited Week - June 2-8, 1996, Mike McKay'accepted. The Mayor presented the Outstanding Student Citizen Awards to Mark Twain Elemen- tary School students: Kristin Bosch, Lindsey DeFrance, Zac Hill, Tara Olsen. Moved by Kubby, seconded by Lehman, that the following items and recommendations in the Consent Calendar be received, or approved, and/or adopted as amended: Official Council Actions of the special and regular meetings of May 7, 1996, as published, subject to. corrections, as recommended by the City Clerk. Minutes of Boards and Commissions: Bd. of Adjustment - April 10, 1996. Airport Comm. - April 11, 1996. Human Rights Comm. - April 22, 1996. (a) Recommend that the Council continue to announce the gender make-up of all Iowa City boards and commissions as vacancies occur and to continue to strive for gender equality. Broadband Telecomm. Comm. - April 22, 1996. P&Z Comm. - May 2, 1996. Permit Motions: Approving a Class C Liquor License for Colonial Lanes, 2253 Old Hwy. 218 S. Approving a Class C Liquor License for Gunnerz, 123 E. Washington St. Approving a Class C Liquor License for Mumm's Saloon & Eatery, 21 W. Benton St. Approving an Outdoor Service Area for Mumm's Saloon & Eatery, 21 W. Benton St. Approving a Class C Liquor License for Linn Street Care, 121 N. Linn St. Approving a Class E Beer Permit for Kum & Go//422, 513 S. Riverside Dr. Approving a Class C Liquor License for Fitzpatrick's, 525 S. Gilbert St. Approwng an Outdoor Serwce Area for Fitzpatrick's, 525 S. Gilbert St. RES. 96-137, Bk. 115, p. 137, ISSUE DANCING PERMIT. Motions: Approve disbursements in the amount of $7,779,204.01 for the period of April 1 through April 30, 1996, as recommended by the Finance Director subject to audit. Resolutions, Bk. 115: RES. 96-138, p. 138, AUTHORIZING THE MAYOR TO SIGN AND THE CiTY CLERK TO ATTEST THE RELEASE OF A LIEN REGARDING A NO INTEREST LIFE LIEN FOR PROPERTY LOCATED AT 930 HUDSON AVENUE, IOWA CI'~Y, IOWA. RES. 96-139, p. 139, ACCEPTING WORK FOR THE FAIRVIEW AVE- NUE/HIGH STREET STORM SEWER PROJECT. Correspondence: Sally Crowe and Lucy Choisser, Penny Bryn Neighborhood Association regarding traffic calming around Willow Creek Park. Jean Blair regarding back-billing policy. Jim and Ceil Pickering regarding design review. Richard A. Perkins, D.D.S. and Bart J. Thompson regarding backflow prevention valves. Marjorie A. Jones regarding Oakland Cemetery. Memorandum from Traffic Engineer regarding handicap parking m the 500 block of E. Davenport Street. Memorandum from Ciwl Service Commission submitting certified list of applicants for the position of Special Projects Inspector. Jen Madsen regarding local option sales tax. Council Activities May 21, 1996 Page 2 Applications for Use of City Plaza: John Murphy, Downtown Association Family Fun Day - May 25, 1996, approved. Mark Ginsberg, Jazz Fest Amana Recycling Demonstration - July 3 and 4, 1996, approved. Applications for Use of City Streets: Yvonne Putz, Cystic Fibrosis Foundation Great Strides Walk - May 19, 1996, approved. Patricia Van Eck, Oakland Cemetery 'Memorial Day Service - May 27, 1996, approved. Vicki Jennings, HealthFIRST Family Fun Run. and Walk - May 30, 1996, approved. John Peters, Fourth Annual Mormon Trek Commemorative - June 8, 1996, approved. Caroline Yocum, Concern for Women Walk-A-Thon - June 22, 1996, approved. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the motion carried. Dick Dolezal appeared regarding City equipment in Oakland Cemetery. Moved by Vanderhoef, seconded by Norton, to set a public hearing for June 4, 1996 on an ordinance amending the Zoning Chapter by conditionally rezoning a 2.32 acre tract from I-1, Industrial, to C1-1, Intensive Commercial, for property located east of Sunset Street on the south side of Highway 1 (Ruppert/Wisdom Development Group). The Mayor declared the motion carried unanimously, 7~0, all Council Members present. A public hearing was held on an ordinance amending the Zoning Chapter by rezoning a 1.07 acre tract from CC2, Community Commercial to OSA/CC2, Sensitive Areas Over- lay/Community Commercial Zone and approval of a preliminary Sensitive Areas Development Plan for property located at the intersection of Sturgis Corner Dr~ve and Highway 6 (Ander- son). No one appeared. Moved by Kubby, seconded by Lehman, that the ordinance amending the zoning ordinance by changing the use regulations of an approximate 3.09 acre tract of land located west of Scott Boulevard and south of Muscatine Avenue on Village Road from RS-5 to OPDH-5, a preliminary planned development housing (OPDH) pla'n for Village Green, Part XIV, be given second vote for consideration (Village Partners/Frantz). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Lehman, seconded by Thornberry, to adopt ORD. 96-3732, Bk. 39, p. 26, AMENDING THE ZONING CHAPTER OF THE CITY CODE BY CHANGING THE USE REGULA- TIONS OF A 1.88 ACRES LOCATED AT 3263 ROHRET ROAD FROM RR-1, RURAL RESIDEN- TIAL, TO RS-5, LOW DENSITY S~NGLE-FAMILY RESIDENTIAL (Streb). Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the ordinance adopt- ed. Moved by Norton, seconded by Lehman, to adopt RES. 96-140, Bk. 115, p. 140, APPROVING A PRELIMINARY AND FINAL PLAT OF BROKEN ARROW ESTATES SUBDIVI- SION, IOWA CITY, IOWA. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Lehman, seconded by Thornberry, to adopt RES. 96-141, Bk. 115, p. 141, EXTENDING THE EXPIRATION DATE FOR THE AMENDED PRELIMINARY PLAT OF HUNTERS RUN SUBDIVISION, PART EIGHT. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to accept correspondence from Dale Sanderson, attorney for Hunters Run Development ~;ompany. The Mayor declared the motion carried. A public hearing was held on amendments to the FY96 Action Plan Budget that is a part of the City's Consolidated Plan (CITY STEPS). No one appeared. Moved by Lehman, seconded byVanderhoef, to adopt RES. 96-142, Bk. 115, p. 142, ADOPTING AMENDMENTS TO THE FY96 ACTION PLAN BUDGET THAT IS APART OF THE CITY'S CONSOLIDATED PLAN (CITY STEPS). Council Members discussed the DVIP Furniture Project, and encouraged citizens to donate furniture and other household items to the project Council Activities May 21, 1996 Page 3 for use by ~ow income households. Affirmative roll call vote unanimous, 7/0, all Council Members present. The Mayor declared the resolution adopted. Council Member Baker questioned the status of staff review of construction require- ments for building in the CB-5 zone. After discussion, PC'D Director Franklin suggested the matter be scheduled for a Council work session. A public hearing was held on plans, specifications, form of contract and estimate of cost for construction of the Abbey Lane Trunk Sewer and Kiwanis Park Stormwater Imp~'ove- ments Project. Judy Pfohi, 2229 Abbey Lane, appeared. City Engineer Fosse present for discussion. Moved by Norton, seconded by Vanderhoef, to accept correspondence from: Mr & Mrs. Kearney; Judy Pfohl; Richard & Karen Hoffman. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Lehman, seconded by Norton, to adopt RES. 96-143, Bk. 115, p. 143, APPROVING PLANS, SPECIFICATIONS, FORM OF CONTRACT AND ESTIMATE OF COST FOR CONSTRUCTION OF THE ABBEY LANE TRUNK SEWER AND KIWANIS PARK STORMWATER IMPROVEMENTS PROJECT, ESTABLISHING AMOUNT OF BID SECURITY TO ACCOMPANY EACH BID, DIRECTING CITY CLERK TO PUBLISH ADVERTISEMENT FOR BIDS, AND FIXING TIME AND PLACE FOR RECEIPT OF BIDS. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Norton, seconded by Kubby, that the ordinance amending Title 3, Chapter 4, Subsection 6, entitled "Public Transportation," be given second consideration at this time. City Attorney Woito present for discussion. Moved by Norton, seconded by Kubby, to amend the ordinance by changing four items: 1 ) add monthly pass for low-income persons of $20.00; 2) change the rates for elderly persons non-peak hours from $.25 to $.35; 3) add "plus fuel tax surcharge" to "Use of City transit vehicle, per vehicle, per hour"; 4) change "handicapped" to "persons with disabilities". The Mayor declared the motion to amend carried unanimously, 7~0, all Council Members present. Affirmative roll call vote on second consideration unani- mous, 7~0, all Council Members present. The Mayor declared the motion carried. Moved by Kubby, seconded by Thornberry. to defer indefinitely and refer to the Planning & Zoning Comm., an ordinance amending Title 14, Chapter 6, Article O entitled "Sign Regulations," to delete specific regulation of "Political Signs," and to amend regulations applicable to all temporary signs, including political signs. The Mayor declared the motion carried unanimously, 7/0, all Council Members present. Moved by Thornberry, seconded by Kubby, to defer to June 4, 1996, a resolution authorizing construction at the Iowa City Municipal Airport of a 100' x 100' hangar building w~th a 20' x 40' attached office area. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Moved by Kubby, seconded by Lehman, to adopt RES. 96-144, Bk. 115, p. 144, AWARDING CONTRACT AND AUTHORIZING MAYOR TO SIGN AND CI'[Y CLERK TO ATTEST CONTRACT FOR CONSTRUCTION OF THE MELROSE AVENUE WEST RECONSTRUCTION PROJECT, STP-U-3715(6)--70-52 to Streb Construction Co., Inc. for $1,631,344.30. City Engineer Fosse present for discussion. Affirmative roll call vote unammous, 7~0, all Councd Members present. The Mayor declared the resolution adopted. Moved by Thornbe[r¥, seconded by Norton, to adopt RES. 96-145, Bk. 115, p. 145, EXECUTION OF AN AGREEMENT BETWEEN THE CITY OF IOWA CITY AND NNW, INC. OF IOWA CITY TO PROVIDE ENGINEERING CONSULTANT SERVICES DURING THE CONSTRUC- TION OF THE MELROSE AVENUE BRIDGE RECONSTRUCTION PROJECT, PHASE I [PROJECT NO. BRM-3715(2)--8N-52]. C~ty Engineer Fosse present for discussion. Affirmative roll call vote unammous, 710, all Council Members present. The Mayor declared the resolution adopt- ed. Council Activities May 21, 1996 Page 4 Moved by Norton, seconded by Thornberry, to adopt RES. 96-146, Bk. 115, p. 146, AMENDING THE BUDGETED POSITION IN THE EMERGENCY COMMUNIC/~TIONS DIVISION OF ']'HE POLICE DEPARTMENT BY ADDING ONE EMERGENCY COMMUNICATIONS DIS- PATCHER POSITION. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. Moved by Kubby, seconded by Vanderhoef, to adopt RES. 96-147, Bk. 115, p. 147, AUTHORIZING AGREEMENT BETWEEN THE CITY OF IOWA CITY AND THE IOWA CITY LIBRARY BOARD OF TRUSTEES AND THE AMERICAN FEDERATION OF STATE, COUNTY, AND MUNICIPAL EMPLOYEES, LOCAL #183, AFL-CIO, TO BE EFFECTIVE JULY 1, 1996, THROUGH JUNE 30, 1 999. Assistant City Manage~ Helling present for discussiqn. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the. resolution adopted. Moved by Vanderhoef, seconded by Norton, to adopt RES. 96-148, Bk. 115, p. 148, AUTHORIZING THE HISTORIC PRESERVATION COMMISSION TO FILE AN APPLICATION FOR A HISTORIC RESOURCES DEVELOPMENT PROGRAM (HRDP) GRANT TO OBTAIN FUNDS FOR THE PURPOSE OF CONDUCTING A SURVEY/EVALUATION AND PREPARING A NATION- AL REGISTER NOMINATION FOR A PORTION OF THE LONGFELLOW NEIGHBORHOOD. Affirmative roll call vote unanimous, 7~0, all Council Members present. The M~yor declared the resolution adopted. Moved by Kubby, seconded by Lehman, to adopt RES. 96-149, Bk. 115, p. 149, RATIFYING SETTLEMENT OF PENDING LITIGATION, refund of $73,096.09 to David Baculis & Baculis Mobile Homes, Inc. Affirmative roll call vote unanimous, 7~0, all Council Members present. The Mayor declared the resolution adopted. The Mayor noted the previously announced vacancies: Design Review Comm. - Two vacancies for three-year terms ending July 1, 1999. These appointments will be made at the June 11, 1996, meeting of the City Council. Council Member Norton noted the need for additional trash containers for the Down- town Assn. Friday Night Concerts. City Mgr. Atkins reported that the City had contracted out pickup of trash, added more containers, 'increased by eight hours the part time employee schedule, and is advertising for additional seasonal help. Norton reported that staff was working on the back billing issue; the start of neighborhood policing at the Broadway Neigh- borhood Center; and questioned the City response to the recent cable television rate increase. Asst. City Mgr. Helling updated Council on recent legislation and the review being conducted by the City's consultant, Rice Williams Associates, on the increases. Council Member Kubby reminded citizens of three upcoming events: -the Downtown Association Family Fun Days on May 25; Northside Annual Fair at Happy Hollow Park on May 26; the City's Paint & Household battery collection day scheduled June 1 (by appointment only); and the paint exchange scheduled for June 8. Council Member Lehman stated he would be gone next week and asked Council Members to contact him regarding attending the JTPA and ECICOG meetings in his absence. Councd Member Thornberry referred to rising cable TV costs and questioned the use o! the 50 cent franchise fee. Asst. City Mgr. Helling stated the Broadband Telecommunica- tions Commission would be coming to Council m the future with recommendations. Thornberry asked for further Council discussion on public access channels. He also reported that he had asked the City Mgr. to research the possibility of a turn signal at the corner of Gilbert and Kirkwood, and noted the arrival of several varieties of birds to his residence. Council Member Vanderhoef questioned when Council would be discussing the CIP again. The City Mgr. will report back. She also suggested the resolution concerning Neighbor- hood P.I.N. money be placed on the Consent Calendar next year. Council Activities May 21, 1996 Page 5 Council Member Baker referenced his earlier request for area legislators voting records on city issues, noting that the Legislative Bulletin was going to provide a list of all issues affecting cities during the last session and suggested adding the voting records to that list. After discussion, Council agreed to contact the Asst. City Mgr. with specific issues and voting records they would like to see. Baker requested the City Mgr, alert individuals addressing Council at work sessions to provide hand-outs days prior to their presentation for Council review. In response to Baker, the City Mgr. stated the 10% City commitment for the airport expansion project would come from general obligation bonds. Mayor Novick reported on her attendance at the RSVP luncheon May 21; the ground- breaking for Homebuilders Assn. house in Windsor Ridge with the profit going to Variety Club; the dedication of a Hillcrest home for mentally ill individuals; a meeting for Cancer survivors at Mercy Hospital. Her future schedule includes the awards ceremony for bowlers on May 22 and Memorial Day ceremonies at Oakland Cemetery & Memory Gardens. City Attorney Woito announced the hiring of new Assistant City Attorney Dennis Mitchell, who would be starting May 28 and Assistant City Attorney Burnside's last day as May 31. Moved by Thornberry, seconded by Kubby, to adjourn 9:25 p.m. The Mayor declared the motion carried unanimously, 710, all Council Members present. Naomi J. Novick, Mayor Susan K. Walsh, Deputy City Clerk Subject to change as finalized by the City Clerk. For a final official copy, contact the City Clerk's Office, 356-5040. COMPLETE DESCRIPTION OF COUNCIL ACTIVITIES MAY 28, 1996 Iowa City City Council, special meeting, 6:25 p.m. at the Civic Center. Mayor Novick presiding. Council Members present: Baker, Kubby, Lehman, Norton, Novick, Thornberry, Vanderhoef. Absent: None. Staffmembers present: Arkins, Helling, Woito, Karr, Schmadeke. Council minutes tape recorded on Tapes 96-68, Side 1. Moved by Kubby, seconded by Norton, to adopt ORD. 96-3733, Bk. 39, p. 27, AMENDING THE FINANCES, TAXATION, AND FEES CHAPTER OF THE CITY CODE BY AMENDING TITLE 3, CHAPTER 4, SUBSECTION 6, ENTITLED "PUBLIC TRANSPORTATION," TO INCREASE THE FARES FOR PUBLIC TRANSPORTATION. Affirmative roll call vote unanimous, 710, all Council Members present. The Mayor declared the ordinance adopted. Moved by Thornberry, seconded by Kubby, to adjourn into executive session to discuss strategy with counsel in matters that are presently in litigation or where litigation is imminent where its disclosure would be likely to prejudice or disadvantage the position of the governmental body in that litigation. The Mayor declared the motion carried unanimously, 7~0, all Council Members present and adjourned into executive session 6:27 p.m. Council returned to open session 6:48. Moved by Lehman, seconded by Thornberry, to adjourn 6:50 p.m. The Mayor declared the motion carried unanimously, 7~0, all Council Members present. Naomi J. Novick, Mayor Marian K. Karr, City Clerk