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3 18 02 minutes this meetingCITY OF DUBUQUE, IOWA COUNCIL PROCEEDINGS OFFICIAL City Council, Regular Session, March 18, 2002 City Council met in Regular Session at 6:30 P.M. in the Library Auditorium Present: Mayor Duggan, Council Members Buol, Cline, Connors, Michalski, Nicholson, City Manager Michael Van Milligen, Corporation Counsel Barry Lindahl. Absent: Council Member Markham Mayor Duggan read the call and stated this is the regular session of the City Council called for the purpose of acting upon such business which may properly come before the City Council. Invocation was given by Dr. Alan Crandall, Campus Chaplain, University of Dubuque. CONSENT ITEMS Minutes Submitted: Airport Commission of 2/25; Building Code Board of Appeal of 2/28; Citizens with Disabilities Parking Review Committee of 1/22; City Conference Board of 2/11 and 3/4; City Council of 2/27 and 3/4; Civil Service of 2/8; Electrical Code Board of 2/27; Environmental Stewardship Advisory Commission of 3/5; Five Flags Commission of 1/14; Governing Board of the Municipal Housing Agency of 3/5; Historic Preservation Commission of 2/11 and 2/21; Housing Commission of 2/28; Housing Commission Trust Fund Committee of 2/22; Human Rights Commission of 2/11 and 2/21; Long Range Planning Advisory Commission of 2/20; Mechanical Board of 3/5; Zoning Advisory Commission of 3/6; Zoning Board of Adjustment of 2/28, upon motion received and filed. Proofs of publication of City Council Proceedings for 2/20, 2/21, 2/25 and 2/27; and List of Claims and Summary of Revenues for Month Ending January 31, 2002, upon motion received and filed. Finance Director submitting the Financial Reports for the month ending February 28, 2002, upon motion received and filed. Notice of Claims/Suits: Cindy Frommelt in estimated amount of $241.72 for vehicle damage; Fannie Stout House in estimated amount of $350 for property damage; Lynn E. Lampe in estimated amount of $862.89 for vehicle damage; Marty and Linda Maas in estimated amount of $3,243.50 for vehicle damage; Kenneth and Maria Meyer in estimated amount of $2,460.20 for property damage; Gus Psihoyos in estimated amount of $597.68 for vehicle damage; Joan Reinholt in undetermined amount for personal injury; Jeanne Schneider in estimated amount of $1,363.82 for vehicle damage, upon motion referred to the Legal Staff for investigation and report. Corporation Counsel advising that the following claims have been referred to Public Entity Risk Services of Iowa, the agent for the Iowa Communities Assurance Pool: Allied Insurance (for Marty Maas) for vehicle damage; Lynn E. Lampe for vehicle damage; Maria and Kenneth Meyer for property damage; Gus Psihoyos for vehicle damage; Joan Reinholt for personal injury; Jeanne Schneider for vehicle damage; James VanVors for personal injury; and Jennifer Ziegler for personal injury, upon motion received and filed and concurred. Corporation Counsel recommending denial of the claims of Deborah S. DeVenuta for vehicle damage, Jorja's Restaurant for property damage, and Christine Kuhle for vehicle damage, upon motion received and filed and concurred. Corporation Counsel recommending settlement of the claim of Lois Wubben in the amount of $88.38 for vehicle damage and directing the Finance Director to issue the appropriate payment, upon motion received and filed and concurred with recommendation and directed the Finance Director to issue proper payment. Iowa Department of Transportation: Communication from Mark F. Wandro, Director of the Iowa Department of Transportation, acknowledging receipt of Mayor Duggan's letter regarding Iowa 32, upon motion received and filed. Communication from Donna Smith, Chair of the Dubuque County Board of Supervisors, to Mark Wandro, Iowa Department of Transportation, regarding the future of Iowa 32 (Southwest Arterial), upon motion received and filed. Legislative Correspondence: Communication of City Manager Michael C. Van Milligen to area legislators regarding the recent State budget proposal which eliminates funding for aviation and the programs that have been administered by the Iowa DOT Office of Aviation and the negative impact it would have on the City of Dubuque, upon motion received and filed. Communication of City Manager Michael C. Van Milligen to area legislators urging them to resist any efforts to further erode the use of Tax Increment Financing in the State of Iowa (Senate File 2284), upon motion received and filed. Rhodes (Bud) Isenhart, 8908 Quail Ridge Ct., Dubuque, spoke of the specifics of Tax Increment Financing and its effect on other taxing entities. Communication of City Manager Michael C. Van Milligen to area legislators urging them to support a comprehensive property tax study bill (Senate File 2284), upon motion received and filed. Communication of City Manager Michael C. Van Milligen to area legislators requesting their support of an appropriation for the Brownfield Redevelopment Fund, upon motion received and filed. Communication of City Manager Michael C. Van Milligen to area legislators requesting that they not support the Construction Management Bill (Senate File 2292) as it will severely hinder cities undertaking public improvements, upon motion received and filed. Communication of City Manager Michael C. Van Milligen to area legislators regarding Chapter 411 of the Municipal Fire and Police Retirement System of Iowa, upon motion received and filed. Hillcrest Family Services Continuum of Care Project - Notice of No Significant Impact: City Manager recommending approval of a combined notice of no significant impact on the environment and notice of intent to request release of funds for the Hillcrest Family Services Continuum of Care Project, upon motion received and filed. Buol moved adoption of Resolution No. 145-02 Authorizing publication of a Combined Notice of Finding of No Significant Impact on the Environment and Notice of Intent to Request Release of Funds for the Hillcrest Family Services Continuum of Care Project. Seconded by Nicholson. Motion carried 6-0. 2 A.H. Oeth Subdivision No. 5 - Plat of Survey: Zoning Advisory Commission recommending approval of the Plat of Survey of Lots 1, 2 and 3 of A.H. Oeth Subdivision No. 5, upon motion received and filed. Buol moved adoption of Resolution No. 146-02 Approving the Plat of Survey of Lots 1, 2 and 3 of A.H. Oeth Subdivision No. 5 in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Final Plat for Davis Place I1: Zoning Advisory Commission recommending approval of the minor final plat for Davis Place II to facilitate construction of a 19-unit rooming and boarding house on Lot 2 (511 - 515 Garfield Avenue), upon motion received and filed. Buol moved adoption of Resolution No. 147-02 Approving the Final Plat of Davis Place II in the City of Dubuque, Iowa. Seconded by Nicholson. Motion carried 6-0. Land and Water Conservation Fund Grant Application for Harvest View Estates Park: City Manager recommending approval of the submission of a Land and Water Conservation Fund Grant Application for Harvest View Estates Park, upon motion received and filed. Buol moved adoption of Resolution No. 148-02 on Acquisition or development for outdoor recreation. Seconded by Nicholson. Motion carried 6-0. Collective Bargaining Agreement with the Amalgamated Transit Union: City Manager recommending approval of a one year agreement between the City of Dubuque and the Amalgamated Transit Union, Local #329, upon motion received and filed. Buol moved adoption of Resolution No. 149-02 Approving the agreement between the City of Dubuque, Iowa, and the Amalgamated Transit Union, Local #329 and authorizing the Mayor to sign the agreement. Seconded by Nicholson. Motion carried 6-0. Corps of Engineers Construction Permit: City Manager recommending approval to execute a Corps of Engineers construction permit to allow the Peavey Company to construct a river terminal dock facility in the Peosta Channel, upon motion received and filed. Buol moved adoption of Resolution No. 150-02 Authorizing execution of the Corps of Engineers permit for construction of a river terminal dock facility in the Peosta Channel. Seconded by Nicholson. Motion carried 6-0. Center Grove Storm Sewer Reconstruction Project - Acceptance: City Manager recommending acceptance of the Center Grove Storm Sewer Reconstruction Project as completed by Horsfield Construction in the final contract amount of $88,664.25, upon motion received and filed. Buol moved adoption of Resolution No. 151-02 Accepting improvement and Resolution No. 152-02 Approving final estimate. Seconded by Nicholson. Motion carried 6-0. Jackson Street Relief Storm Sewer Construction Project - Acceptance: City Manager recommending acceptance of the Jackson Street Relief Storm Sewer Construction Project as completed by Portzen Construction in the final contract amount of $288,472.48, upon motion received and filed. Buol moved adoption of Resolution No. 153-02 Accepting improvement and Resolution No. 154-02 Approving final estimate. Seconded by Nicholson. Motion carried 6-0. 3 Northwest Arterial Basin Modifications Project (Phase I) - Acceptance: City Manager recommending acceptance of the Northwest Arterial Basin Modification Project (Phase I), as completed by Horsfield Construction in the final contract amount of $175,573.79, upon motion received and filed. Buol moved adoption of Resolution No. 155-02 Accepting improvement and Resolution No. 156-02 Approving final estimate. Seconded by Nicholson. Motion carried 6-0. Economic Development Administration Grant Application: City Manager recommending approval of a pre-application to the Economic Development Administration for a $2 million grant for acquisition of the Adams Company property, upon motion received and filed. Buol moved adoption of Resolution No. 157-02 Authorizing the filing of a pre-application to the Economic Development Administration. Seconded by Nicholson. Motion carried 6-0. Cottingham and Butler Insurance Services, Inc. - Enterprise Zone Agreement: City Manager recommending approval of an Enterprise Zone Agreement between the Iowa Department of Economic Development, City of Dubuque, and Cottingham and Butler Insurance Services, Inc., related to the rehabilitation of the Town Clock Building at 835 Main Street, upon motion received and filed. Buol moved adoption of Resolution No. 158-02 Approving an Enterprise Zone Agreement by and among the Iowa Department of Economic Development, the City of Dubuque, and Cottingham and Butler Insurance Service, Inc. Seconded by Nicholson. Motion carried 6-0. Civil Service Commission: Civil Service Commission submitting the certified list for the position of Engineering Assistant I, upon motion received and filed and resolved to make this a matter of record. Urban Deer Management Program: Copy of a media release providing a report on the 2001 - 2002 Urban Deer Management Program, upon motion received and filed. General Obligation Bonds to Support Main Street Project: City Manager recommending the issuance of $1,000,000 General Obligation Bonds, Series 2002B in support of the Main Street construction project, upon motion received and filed. Buol moved adoption of Resolution No. 159-02 Appointing Wells Fargo Bank Iowa, National Association of Des Moines, Iowa, to serve as Paying Agent, Bond Registrar, and Transfer Agent, approving the Paying Agent and Bond Registrar and Transfer Agent Agreement and authorizing the execution of the Agreement; Resolution No. 160-02 Authorizing and providing for the issuance of $1,000,000 General Obligation Bonds, Series 2002B, and levying a tax to pay said bonds. Seconded by Nicholson. Motion carried 6-0. Business Licenses: Buol moved adoption of Resolution No. 161-02 Granting issuance of a Class "C" Beer Permit to Arby's Q Mart and Resolution No. 162-02 Granting issuance of a Class "C" Beer/Liquor License to Windmills, Neighbor's Tap, Bunker Hill Golf Course, Eagles Club #568, and Dubuque Greyhound Park. Seconded by Nicholson. Motion carried 6-0. BOARDS/COMMISSIONS 4 Appointments to the following Commission: Community Development Advisory Commission: Three vacancies - Census Tract 2; Census Tract 5 (term of Dan Shireman); At-Large (term of Walter Pregler). Applicants: Census Tract 5 - Dan Shireman; At-Large - Walter Pregler. Upon motion Dan Shireman and Walter Pregler reappointed to three year terms which will expire 2-15-05. PUBLIC HEARINGS Upon motion the rules were suspended to allow anyone present to speak. Upon motion the following was removed from the table: Rezoning Request of Dennis and Lori Ansel (Tabled on 2/4/02): Proof of publication on notice of hearing to consider rezoning property located at 2001 Rockdale Road from R-1 Single Family Residential District and C-2 Neighborhood Commercial District to CS Commercial Service and Wholesale District and Zoning Advisory Commission recommending denial of the rezoning and an Ordinance Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by reclassifying hereinafter described property located at 2001 Rockdale Road from R-1 Single Family District and C-1 Neighborhood Commercial District to CS Commercial Service and Wholesale District, presented and read. Brenda Sullivan, representing the Ansel's, spoke in favor of the rezoning and gave the history of the building. John White, 1777 Palm Ct., representing Michelle Malone, spoke objecting to the proposed requesting. Penny Skinner spoke in support of the rezoning. Mrs. Joseph Dolter, 2025 Rockdale, spoke in support of the rezoning. Janet White, 2033 Rockdale Rd., spoke objecting to the rezoning to commercial, stressing a concern about the devaluation of property. Nicholson moved that the proof, communication and Ordinance be received and filed and concur with the recommended denial. Seconded by Buol. Vote on the motion was: Yeas-- Nicholson, Buol. Nays--Duggan, Cline, Connors, Michalski. Rezoning Request of Greater Dubuque Development Corporation/Kirchoff Realty: Proof of publication on notice of hearing to consider amending the PUD Planned Unit Development with a PI Planned Industrial designation to allow primary signs to identify products or services, and to permit a maximum of five primary signs per lot or premises in the Dubuque Industrial Center as requested by the Greater Dubuque Development Corporation/Kirchoff Family Realty and Zoning Advisory Commission recommending approval, upon motion received and filed. Dan McDonald of the Greater Dubuque Development Corp. spoke in support of this request. Ordinance No. 18-02 Amending Appendix A (The Zoning Ordinance) of the City of Dubuque Code of Ordinances by repealing Sections E(4)(C)(1) and E(4)(C)(2) of Ordinance 69-98 and enacting new Sections E(4)(C)(1) and E(4)(C)(2) in lieu thereof pertaining to on-premise primary signage of the PI Planned Industrial District for Dubuque Industrial Center, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. 5 Text Amendment - City of Dubuque: Proof of publication on notice of hearing to consider amending the Zoning Ordinance to allow off-street parking lots for churches and schools as a conditional use as requested by the City of Dubuque and the Zoning Advisory Commission recommending approval, upon motion received and filed. Ordinance No. 19-02 Amending Appendix A (the Zoning Ordinance) of the City of Dubuque Code of Ordinances by amending Section 3-1.1(D)(3), 3-1.2(D)(4) and 3-1.3(D)(5) Conditional Uses for the R-1 Single-Family Residential District, R-2 Two-Family Residential District and the R-2A Alternate Two-Family Residential District to allow off-street parking lots for adjacent schools and churches as a conditional use, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. Napier Street Storm and Sanitary Sewer Reconstruction Project: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of the Napier Street Storm and Sanitary Sewer Reconstruction Project to Fondell Excavating in the amount of $97,862.80, upon motion received and filed. Cline moved adoption of Resolution No. 163-02 Adopting plans and specifications for the project and Resolution No. 164-02 Awarding contract to Fondell Excavating. Seconded by Nicholson. Motion carried 6-0. Burlington Northern Depot Restoration Project: Proofs of publication on notice of hearing on plans and specifications, and notice to bidders on the receipt of bids, and City Manager recommending award of selected construction contracts and the rejection of others for the Burlington Northern Depot Restoration Project, upon motion received and filed. Jerry Enzler, of the Historical Society, spoke stating they have contingency funds set aside for this project. Cline moved adoption of Resolution No. 165-02 Adopting plans and specifications for the project; Resolution No. 166-02 Awarding contracts and Resolution No. 167-02 Rejecting bids. Seconded by Nicholson. Motion carried 7-0. Upon motion the rules were reinstated limiting discussion to the Council. ACTION ITEMS Upon motion the following was removed from the table: Eagle Point No. 2 - Final Plat (Tabled at 2/18/02 Meeting): Communication from the City Manager requesting that this item be tabled to the April 1, 2002 City Council meeting; Zoning Advisory Commission recommending approval of the final plat of Eagle Point No. 2 Subdivision at the end of Rhomberg Avenue in the City of Dubuque and Dubuque County as requested by the City of Dubuque; Communication from Brian J. Kane, representing Clint V. Johnson, requesting the City Council approve Mr. Johnson's purchase of real estate owned by the City of Dubuque that is adjacent to his property and a Resolution approving the final plat of Eagle Point No. 2 in the City of Dubuque, Iowa, presented and read. Upon final motion it was resolved to table this matter indefinitely. 6 Arbor Estates - Final Plat: City Manager recommending approval of the final plat for the first phase of Arbor Estates in the City of Dubuque, Iowa as submitted by Kivlahan Farms, L.C., upon motion received and filed. Cline moved adoption of Resolution No. 168-02 Approving the final plat of Lots 1 thru 8, inclusive, and Lot A of Block 1, Block 2, Block 3, Lots 1 thru 13, inclusive, of Block 4, Lots 1 thru 11, inclusive, of Block 5, Lots 11 and 12 of Block 6, Lots 1 and 2 of Block 7, and Lots A thru G, inclusive, all of Arbor Estates, in the City of Dubuque, Iowa. Seconded by Michalski. Motion carried 5-0 with Nicholson temporarily out of the Chambers. Harvest Business Center - Final Plat: City Manager recommending approval of the final plat of Harvest Business Center located immediately east of Resurrection Church and which is the commercial portion of the Harvest View Estates Subdivision, upon motion received and filed. Marty McNamer spoke in favor of the final plat approval. Cline moved adoption of Resolution No. 169-02 Approving the final plat of Harvest Business Center in the City of Dubuque, Iowa. Seconded by Buol. Motion carried 6-0. Streetscape and Landscape Design Guidelines: Historic Preservation Commission recommending approval of the Streetscape and Landscape Design Guidelines for the City's historic districts, upon motion received and filed and approved recommendation. Update of Heritage Trail Extension Project: City Manager recommending approval of the plans for the Heritage Trail Extension Project and bidding of the project by the Iowa Department of Transportation, upon motion received and filed and approved recommendation. Southwest Arterial Building Permit Moratorium: City Manager recommending extension of the Building Permit Moratorium, which expired on February 19, 2002, for the IA32-Southwest Arterial Corridor at the U.S. 20/Seippel Road interchange until April 1, 2003 to allow continued work on the Environmental Assessment Study, upon motion received and filed. Ordinance No. 20-02 Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.3 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the Southwest Arterial Corridor, presented and read. Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance, as amended to extend the moratorium until May 1, 2003. Seconded by Nicholson. Motion carried 6-0. Extension of Highway 20 Building Permit Moratorium: City Manager recommending approval of an Iowa Department of Transportation request to extend the building permit moratorium on Highway 20 until May 1, 2003 from Bluff Street east to the city limits in connection with the U.S. Mississippi River Crossing Study, upon motion received and filed. Ordinance No. 21-02 Amending Chapter 11 (Buildings and Building Regulations) of the City of Dubuque Code of Ordinances by amending Section 11-58.1 of the City of Dubuque Code of Ordinances by establishing a twelve month moratorium on the issuance of permits for work in the U.S. Highway 20 Corridor, presented and read. Cline moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. 7 Amendment to the Code of Ordinances - Offenses and Miscellaneous Provisions: City Manager recommending the addition of two sections to the City of Dubuque Code of Ordinances which would allow for a person suffering from intoxication from substances other than alcohol to be held responsible for their actions as well as add protections for the general public, upon motion received and filed. Ordinance No. 22-02 Amending the City of Dubuque Code of Ordinances by adding a new Section 33-83 Prohibiting Being Under the Influence of a Controlled Substance in a Public Place and adding a new Section 33-84 Prohibiting Sniffing Glue or other Chemical Substances, presented and read. Michalski moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Amendment to the Code to Ordinances - Alcoholic Beverages: City Manager recommending adoption of an amendment to the City of Dubuque Code of Ordinances to prohibit underage persons from remaining after 9:00 p.m. in those establishments where more than thirty-five percent of the business conducted on such premises is the sale or dispensing of liquor, wine or beer, except under the conditions of Subsection 5-7.2(b), upon motion received and filed. Ordinance No. 23-02 Amending the City of Dubuque Code of Ordinances Section 5-7.2(a) underage persons prohibited from premises where alcoholic liquor is sold or dispensed, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Vehicle Impoundment Ordinance: City Manager recommending modifications to the existing Vehicle Impoundment Ordinance to provide the authority to impound vehicles from private lots, with the property owner's consent, and eliminating the twelve month time limitation for the collection of unpaid fines, upon motion received and filed. Ordinance No. 24-02 Amending the City of Dubuque Code of Ordinances Section 32-411 removal and impoundment of vehicles by permitting the towing of vehicles on private property with the property owner's consent, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Michalski. Motion carried 6-0. COUNCIL MEMBER REPORTS Michalski reminded citizens to attend the Long Range Planning Advisory Commission's Public Hearing concerning the Amendment of Downtown Dubuque Urban Renewal District on Wednesday, 3/20/02 at 7:00 P.M. in the Library Auditorium. ITEMS TO BE SET FOR PUBLIC HEARING Carmel Drive - Request to Vacate: City Manager recommending that a public hearing be set for April 1, 2002 to consider a request from the Sisters of Charity of the Blessed Virgin Mary 8 that the City vacate a portion of Carmel Drive abutting their property, upon motion received and filed. Buol moved adoption of Resolution No. 170-02 Approving plat of proposed vacated portion of Carmel Drive. Seconded by Nicholson. Motion carried 6-0. Ordinance No. 25-02 Vacating a portion of Carmel Drive, presented and read. Buol moved that the requirement that a proposed Ordinance be considered and voted on for passage at two Council Meetings prior to the meeting at which it is to be finally passed be suspended and further moved final consideration and passage of the Ordinance. Seconded by Nicholson. Motion carried 6-0. Buol moved adoption of Resolution No. 171-02 of Intent to dispose of City interest in Lot 5A of Carmel Heights, Dubuque, Iowa and further set this for public hearing at a meeting to commence at 6:30 P.M. on April 1, 2002 in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law. Seconded by Nicholson. Motion carried 6-0. Operations and Maintenance Center Roof Repair Project - Initiate: City Manager recommending initiation of the bidding process for the Operations and Maintenance Center Roof Repair Project and setting a public hearing for April 15, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 172-02 Preliminary approval of plans and specifications; Resolution No. 173-02 Fixing date of hearing on plans and specifications for 4/15/02 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 174-02 Ordering bids. Seconded by Nicholson. Motion carried 6-0. Tanzanite Drive Paving - Initiate: City Manager recommending initiation of the bidding process for the Tanzanite Drive Paving Project and setting a public hearing for April 15, 2002, upon motion received and filed. Buol moved adoption of Resolution No. 175-02 Preliminary approval of plans and specifications; Resolution No. 176-02 Fixing date of hearing on plans and specifications for 4/15/02 at a meeting to commence at 6:30 P.M. in the Public Library Auditorium and direct the City Clerk to publish notice in the manner prescribed by law and Resolution No. 177-02 Ordering bids. Seconded by Nicholson. Motion carried 6-0. At 8:07 P.M. upon motion it was resolved to go into Closed Session re: Property Acquisition - Chapter 21.5(1 )(j) 2001 Code of Iowa. At 8:28 P.M. Council reconvened Regular Session stating that Staff had been given proper direction. There being no further business, upon motion meeting adjourned at 8:29 P.M. It 3/27 /s/Jeanne F. Schneider CMC City Clerk 9