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HomeMy WebLinkAbout1994-11-07-Regular Minutes-89 - THE NOVEMBER 7,1994 WAUKEE CITY COUNCIL MEETING WAS CALLED TO ORDER AT 7,03PM.BY MAYOR CHET CHEDESTER WITH TONI LEST INA TAKING MINUTES. A ROLL CALL VOTE WAS TAKEN AND THE fOLLOWING COUNCIL MEMBERS WERE PRESENT,DON BAILEY, JR.,FRANK DUROY,NICK GRUBER,MONICA LIHS AND TERRY STRAIN. AGENDA ADDITIONS. fOR A VOICE VOTE. ITEMS 14 AND 24 ARE TO BE DELETED fROM THE AGENDA. MOTION CARRIED 5 TO 0,ON A VOICE VOTE. THE MAYOR ASKED OPEN FORUM. RICK Ross -ALLSTATE GUTTER DRIVEWAY.MR.Ross SPOKE TO THE COUNCIL REGARDING THE RELOCATION Of THE ALLSTATE GUTTER DRIVEWAY.HE WOULD LIKE A PERMIT ISSUED ALLOWING THE DRIVEWAY TO BE PUT THROUGH TO ASHWORTH DRIVE. LARRY STANLEY -OPEN BURNING.MR.STANLEY SPOKE TO THE COUNCIL REGARDING HIS CONCERNS ON THE PROCEDURE AND RULES BEING USED WITH OPEN BURNING.MR.STANLEY fEELS THERE SHOULD BE NOTIfICATION Of ALL RESIDENTS IN THE AREA Of THE BURN.HE ALSO STATED THAT THE CURRENT PROCEDURE USED PUTS THE CITY Of WAUKEE AT GREAT RISK fOR A LAW SUIT. BIKE TRAIL RELOCATION -I.D.O.T.THE IOWA DEPARTMENT Of TRANSPORTATION PRESENTED THE COUNCIL WITH A SITE PLAN TO RELOCATE THE BIKE TRAIL NORTH Of THE CURRENT LOCATIONS.THE BIKE TRAIL WOULD GO fURTHER NORTH AND GO ALONG THE PROPERTY LINE Of NORTHWAY WELL AND COONS TRUCKING.IT WOULD THEN GO SOUTH ALONG THE PROPERTY LINE Of THE PHIL BRODERICK PROPERTY.JIM COONS STATED HIS CONCERN WITH THE DANGER Of HAVING HEAVY TRUCK TRAffiC AND BIKE TRAffiC.MR.COONS WOULD LIKE TO SEE THE TRAIL MOVED TO THE NORTH PROPERTY LINE. TOM MCCLURE -COpy CENTER.MR.MCCLURE SPOKE TO THE COUNCIL IN REGARD TO CONTRACTING THE PUBLISHING Of THE CITY NEWSLETTER. MOTION BY COUNCILMAN STRAIN,SECONDED BY COUNCILMAN DUROY,TO LOOK AT A PROPOSAL FOR PUBLISHING THE NEWSLETTER fROM TOM MCCLURE.THE MAYOR ASKED fOR A ROLL CALL·VOTE, AYES:STRAIN,DUROY,LIHS AND GRUBER.NAYS'BAILEY.MOTION CARRIED 4 TO 1. RICK Ross -8TH STREET AND CHERRY STREET REZONING.MR.Ross SPOKE TO THE COUNCIL REGARDING THE REZONING Of 8TH STREET AND CHERRY STREET TO RESTRICTED R3 (50 AND OVER). MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO TAKE THE REZONING Of 8TH STREET AND CHERRY TO THE PLANNING AND ZONING COMMISSION.THE MAYOR ASKED fOR A ROLL CALL VOTE,AYES,DUROY,GRUBER,STRAIN,BAILEY AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0. CONSENT AGENDA.A)ApPROVAL Of 10/17 AND 10/28 MINUTES;B)BILL PRESENTATION.ITEM NORTHERN NATURAL GAS fOR $6,778.58 BE PULLED fROM THE BILL PRESENTATION. MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN BAILEY,TO APPROVAL 6A)10/17 AND 10/28 COUNCIL MINUTES.THE MAYOR ASKED fOR A ROLL CALL VOTE'AYES:LIHS,BAILEY,DUROY, GRUBER AND STRAIN.NAYS,NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILOMAN STRAIN,SECONDED BY COUNCILMAN GRUBER,TO APPROVE THE BILL PRESENTATION IN THE AMOUNT Of $119,740.36.THE MAYOR ASKED fOR A ROLL CALL VOTE:AYES,I STRAIN,GRUBER,DUROY,LIHS AND BAILEY.NAYS'NONE.MOTION CARRIED 5 TO 0. -------- -90 - MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILWOMAN LIHS,TO APPROVE THE BILL FOR NORTHERN NATURAL GAS IN THE AMOUNT OF $6,778.58.THE MAYOR ASKED FOR A ROLL CALL VOTE, AYES:BAILEY,LIHS,GRUBER AND STRAIN.NAYS.NONE.COUNCILMAN DUROY ABSTAINED.MOTION CARRIED 4 TO 0. VENDOR AT &T ALLER'S AUTO SERVICE ARATEX SERVICES,INC. ARCHER TV &ApPLIANCE ATLANTIC BOTTLING CO. BABICH,MCCONNELL &RENZO BANKERS TRUST COMPANY BANKNOT PRINTING,INC. BATTERY PATROL BLUE CRoss/BLUE SHIELD BORDER'S BOOK SHOP BRODERICK ANIMAL CLINIC BROWN SUPPLY CO,INC. BUSINESS COMMUNICATIONS CRAIG BUTTERFIELD,PSYCH CARPENTER UNIFORM Co CONSTRUCTION &AGGREGATE COpy SYSTEM,INC. CP TEST SERVICES,INC. CULLIGAN DALLAS COUNTY NEWS DARE AMERICA DAWSON DM REGISTER DINN BROTHERS ED M.FELD EQUIP Co ELECTRONIC ENGINEERING Co EMERGENCY MEDICAL PROD FARMER'S COOP ELEVATOR FESLERS INC FULLER STANDARD SERVICE GAS PRODUCTS SALES GROEBNER &Ass GRUBER,MARK L. HACH COMPANY HAWKEYE AUTO SUPPLY HUSCHER,PAUL E. IA MUNICIPALITIES WORKERS INGRAM LIBRARY SERVICES INTOXIMETERS,INC. IA COMMUNICATIONS NETWORK IA DEPT OF TRANSPORTATION MIDWEST POWER IA ONE CALL JIM'S JOHNS K-L AUTO PARTS KAR PRODUCTS LAVINE'S SALES Co PURPOSE AMOUNT MONTHLY SERVICE TAURUS REPAIR MAT CLEANING MICROWAVE VENDING MACHINE SUPPLIES PROFESSIONAL SERVICES MONTHLY P &I DEPOSIT ENVELOPES BATTERIES INSURANCE PREMIUM BOOKS ANIMAL BOARDING SUPPLIES BATTERY PROFESSIONAL SERVICES NAME PLATES SUPPLI ES MONTHLY COPIER MAINT SUPPLI ES ~IATER PUBLICATIONS t11NI FUZZY BEAR MATERIALS ADMINISTRATOR AD PLAQUE &LETTERING FIRE COATS AND PANTS RADIO REPAIR NUT,BUSHING 9/94 PURCHASES DOUBLE CUFF CASE 9/94 PURCHASES 30 METERS SUPPLIES 10/94 BUILDING PERMITS DISSOLVED OXYGEN PARTS PROFESSIONAL SERVICE INSTALLMENT PAYMENT INVOICES SUPPLIES MONTHLY USEAGE PARTS 110NTHLY USEAGE MONTHLY SERVICE To ILET RENTAL PARTS SUPPLIES SUPPLI ES $37.51 65.00 80.18 271.00 55.50 968.05 37,867.00 106.77 9.87 8,688.54 50.33 131.00 412.03 69.00 450.00 15.25 211.98 22.05 100.17 5.45 71.20 40.12 16.59 476.00 31.66 1,994.51 1,811.81 13.00 1,180.41 37.44 146.55 3,336.79 62.63 532.50 95.75 84.66 1,320.00 1,429.00 731.61 40.00 1.48 628.17 5,019.47 127.20 40.00 563.48 79.65 24.10 LEASE CONSULTANTS CORP LGI LOGAN CONTRACTORS SUPPLY MACK,LINDA M. MADISON NATIONAL LIFE MERCY-WEST MED CLINIC METRO UNIFORMS MIDNIGHT PUBLISHING MIDWEST BUSINESS PRODUCTS MIDWEST OFFICE TECHNOLOGY MIDWEST RADAR &EQUIP MORAIN,TOM Moss BROTHERS MUNICIPAL SUPPLY NORTHERN MUNICIPAL NORTHERN NATURAL GAS OFFICE SERVICES,INC. OMAHA WORLD HERALD PAY LESS CASHWAYS PRECISION COMPUTER SYSTEM PRESTO X COMPANY QUAD CITY TIMES QUALITY FORD OF W.D.M. GENEX R &T SPECIALTY R-WAY CONCRETE RADIO SHACK REDDEN-MILLER ST PAUL PIONEER EXPRESS SEARS SIOUX CITY JOURNAL STOFFEL SEALS CORP THE BUILDING INSPECTORS THE STATE CHEMICAL MFG CO TOFTELAND,JOY E. TOYNE'S IA FIRE TRK TREAS -STATE OF IOWA UNITED STATES CELLULAR US ENERGY SERVICES US POSTAL SERVICES US WEST CELLULAR US WEST COMMUNICATIONS UTILITY CONSULTANTS INC. VEENSTRA &KIMM VERMEER SALES &SERVICE VISA WASHPOINT AUTOWASH WASTE MANAGEMENT OF IOWA WATERPRO SUPPLIES CORP WAUKEE ELECTRONICS WAUKEE MINI STORAGE WAUKEE MUNICIPAL GAS WEARGUARD W ITYK,DEB RA TOTAL -91 - COPIER PAYMENT WATER TESTING SUPPLIES 9/94 EXPENSES 11/94 PREMIUM PREEMPLOYMENT TEST BODY ARMER VEST,ETC 11/94 NEWSLETTER PRINT SUPPLIES TYPEWRITER MAINT DECATUR GENESIS GUEST LECTURE MILEAGE SUPPLI ES PARTS LITIGATION EXPENSES GAS PURCHASE SONY RECORDER/TRANSCRIBE ADMINISTRATOR AD SUPPLIES DISKETTES MONTHLY SERVICE ADMINISTRATOR AD MISC REPAIRS SUPPLI ES OFFICER BUTTON W/HEART CONCRETE MEETING TAPES MONTHLY COPIER MAINT ADMINISTRATOR AD 5 PAIR JEANS ADMINISTRATOR AD POll CE BADGES 10/94 BUILDING PERMITS CUSTOM STRAPPER 9/94 EXPENSES SUPPLIES PSYCHOLOGICAL TEST MONTHLY SERVICE GAS PURCHASE ROLL OF STAMPS MONTHLY SERVICE MONTHLY SERVICE 10/94 LAB TESTING MONTHLY SERVICES PARTS CHARGES 9/94 AUTO WASHES MONTHLY SERViCE SUPPLI ES TAPE REPAIR 11/94 STORAGE RENTAL GAS UAGE UNIFORMS 9/94 LIBRARY CLEANING 72.31 117.75 237.60 237.60 184.21 45.00 633.80 885.32 260.49 162.50 1,748.00 31.50 2.93 2,282.50 526.99 6.778.58 718.00 177.80 9.16 21.00 43.00 99.12 954.51 189.66 50.22 289.00 21.97 123.18 149.24 209.95 45.76 148.00 2,816.00 199.54 92.80 3,390.00 7.50 138.06 15,313.53 29.00 29.95 785.44 200.00 5,017.92 1,134.52 11.10 51.74 616.47 27.50 13.75 45.00 19.74 74.99 120.00 $126,518.94 I I -92 - SELECTION COMMITTEE.COUNCILMAN STRAIN,EXPLAINED THE NOTE BOOKS CONTAINING COPIES OF THE RESUMES AND JOB DESCRIPTION.IN THE VERY NEAR FUTURE THE PERSONNEL COMMITTEE WILL BE SCHEDULING THE FIRST SELECTION COMMITTEE. CHRIS BOURE -MOBILE SIGNS.MOBILE SIGNS CAN ONLY BE IN A RESIDENTIAL DISTRICT. FAMILY WEEK PROCLAMATION.MAYOR CHEDESTER READ A PROCLAMATION DECLARING THE WEEK OF NOVEMBER 20TH -26TH AS FAMILY WEEK. PROCLAMATION WHEREAS,ONE OF THE PRINCIPLES GUIDING QUALITY OF LIFE IN AMERICA IS THE INTEGRITY OF THE FAMILY;AND WHEREAS,IT IS FITTING THAT OFFICIAL RECOGNITION BE GIVEN TO THE IMPORTANCE OF STRENGTHENING FAMILY LIFE;AND WHEREAS,THE FAMILY IS THE CENTER OF OUR AFFECTIONS AND THE FOUNDATION OF OUR AMERICAN SOCIETY;AND WHEREAS,NO INSTITUTION CAN TAKE THE FAMILY'S PLACE IN GIVING MEANING TO HUMAN LIFE AND STABILITY IN OUR SOCIETY; NOW,THEREFORE,I CHET CHEDESTER,MAYOR OF THE CITY OF WAUKEE,DO HEREBY PROCLAIM ,THE WEEK OF NOVEMBER 20 -26,1994 AS L_ FAMILY WEEK IN THE CITY OF WAUKEE,DURING THE THANKGIVING HOLIDAY WEEK. IN TESTIMONY WHEREOF,I HAVE HEREUNTO SUBSCRIBED BY NAME AND CAUSED THE GREAT SEAL OF THE CITY OF WAUKEE TO BE AFFIXED. DONE AT CITY HALL THE 7TH DAY OF NOVEMBER IN THE YEAR OF OUR LORD ONE THOUSAND NINE HUNDREDTH NINETY-FOUR. CLAIRE L.CHEDESTER,MAYOR ATTEST: ROBERT P.BARRETT,CITY CLERK PRO TEM LIBRARY REPORT -BAILEY.MOTION BY COUNCILMAN BAILEY,SECONDED TO EXTEND THE LIBRARY HOURS TO ALSO INCLUDE SATURDAY AFTERNOON. ROLL CALL VOTE:AYEs:BAILEY,LIHS,DUROY,GRUBER AND STRAIN. CARRIED 5 TO 0. BY COUNCILWOMAN LIHS THE MAYOR ASKED FOR A NAYS:NONE.MOTION -93 - OWNER OCCUPIED HOUSING IN C-2 ZONE (666).MOTION BY COUNCILMAN GRUBER,SECONDED BY DUROY,TO OVERRIDE THE MAYOR'S VETO.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: GRUBER,DUROY,BAILEY,STRAIN AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0.I MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY,TO PUT ORDINANCE #2196 PUT ON ITS FINAL PASSAGE AND ADOPTED.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:GRUBER, DUROY,STRAIN,LIHS AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0.THE MAYOR DECLARED ORDINANCE No.2195 DULY PASSED AND APPROVED. ORDINANCE NO.2195 AN ORDINANCE TO AMEND CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY OF WAUKEE,IOWA,BY AMENDING PRINCIPAL PERMITTED USES TO INCLUDE OWNER-OCCUPIED SINGLE FAMILY DWELLING UNITS IN EXISTING STRUCTURES. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WAUKEE: SECTION 1.SECTION 301.16 A OF CHAPTER 301,WAUKEE MUNICIPAL CODE,ZONING ORDINANCE OF THE CITY,IS HEREBY AMENDED BY ADDING THERETO THE FOLLOWING: (GGG)OWNER-OCCUPIED DWELLING UNITS IN EXISTING STRUCTURES."OWNER"SHALL INCLUDE FAMILY OF OWNER WITHIN THE 2ND DEGREE OF CONSAN- GUINITY OR AFFINITY. SECTION 2.REPEALER.ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT WITH THE PROVISIONS OF THIS ORDINANCE ARE HEREBY REPEALED.] SECTION 3.SEVERABILITY CLAUSE.IF ANY SECTION,PROVISION OR PART OF THIS ORDINANCE SHALL BE ADJUDGED INVALID OR UNCONSTITUTIONAL,SUCH ADJUDICATION SHALL NOT AFFECT THE VALIDITY OF THE ORDINANCE AS A WHOLE OR ANY SECTION,PROVISION,OR PART THEREOF NOT ADJUDGED INVALID OR UNCONSTITUTIONAL. SECTION 4.EFFECTIVE DATE.THIS ORDINANCE SHALL BE IN EFFECT UPON ITS FINAL PASSAGE,APPROVAL AND PUBLICATION AS PROVIDED BY LAW. PASSED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,IOWA,THIS 7TH DAY OF NOVEMBER,1994, AND APPROVE THIS 7TH DAY OF NOVEMBER,1994. CLAIRE L.CHEDESTER MAY 0 R ATTESTED: ROBERT P.BARRETT,CITY CLERK PRO TEM OWNER OCCUPIED HOUSING IN C-2 ZONE (HHH). COUNCILWOMAN LIHS,TO SEND TO THE PLANNING ROLL CALL VOTE:AYEs:DUROY,LIHS,GRUBER, CARRIED 5 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY &ZONING COMMISSION.THE MAYOR ASKED FOR A STRAIN AND BAILEY.NAYS:NONE.MOTION I -94 - PARKS REPORT -STRAIN.MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN BAILEY,TO RECEIVE THE PARKS REPORT.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TO 0,ON A VOICE VOTE. PUBLIC WORKS REPORT -WESSELMANN.JOHN REPORTED TO THE COUNCIL THAT MR.SKINNER WILL BE ABLE TO MEET WITH THE CITY AFTER THE FIRST OF THE YEAR REGARDING THE COUNTY MAINNTENANCE SHED. TREASURER'S REPORT.PASS. MAYOR'S REPORT.THE MAYOR REMINDED EVERYONE ABOUT THE CITY DEVELOPMENT BOARD MEETING ON WEDNESDAY,NOVEMBER 9TH AT 6:30PM AT 900 EAST GRAND AVENUE. BOARD OF ADJUSTMENT -2 OPENINGS.MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILWOMAN LIHS,TO APPOINT TERRY McATEE TO THE BOARD OF ADJUSTMENT FOR A FIVE YEAR TERM.THE MAYOR ASKED FOR A ROLL CALL YOTE:AYES,GRUBER,LIHS,BAILEY,DUROY AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. FIRE ORDINANCE CODE.TABLED UNTIL NEXT MEETING. LEAGUE OF MUNICIPALITIES -MAYOR/COUNCIL SEMINAR 12/10.TABLED UNTIL NEXT MEETING. MATTERS REGARDING THE SOUTH DALLAS COUNTY LANDFILL.PAUL HAD NO REPORT. ApPOINTMENT OF FIRE CHIEF.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY, TO APPOINT DON HENSON AS FIRE CHIEF.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES: BAILEY,DUROY,GRUBER,STRAIN AND LIHS.NAYS'NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN STRAIN,TO PAY DENNIS HANES FOR TIME HE HAS BEEN THE ACTING FIRE CHIEF (3 MONTHS).THE MAYOR ASKED FOR A ROLL CALL VOTE: AYES:BAILEY,STRAIN,GRUBER,LIHS AND DUROY.NAYS:NONE.MOTION CARRIED 5 TO 0. IMPACT FEES.MOTION BY COUNCILMAN BAILEY,SECONDED BY COUNCILMAN DUROY,TO SEND THE IMPACT FEES TO THE PLANNING AND ZONING COMMISSION FOR THEIR RECOMMENDATION.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:BAILEY,DUROY,LIHS,DUROY AND STRAIN.NAYS:NONE. MOTION CARRIED 5 TO 0. LOCUST STREET No PARKING.TABLED. DOWNING PRELIMINARY PLAT ApPROVAL.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN,TO APPROYE THE JEFF DOWNING'S PRELIMINARY PLAT.THE MAYOR ASKED FOR A ROLL CALL YOTE:AYES:DUROY,STRAIN,BAILE,GRUBER AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN GRUBER,TO APPROVE SUNRISE MEADOW PLAT 1.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DURaY,GRUBER,LIHS,BAILEY AND STRAIN.NAYS.NONE.MOTION CARRIED 5 TO 0. WINDFIELD PLAT 3 -FINAL.PAT SHEPARD HAD A BRIEF DISCUSSION WITH THE COUNCIL REGARDING WINDFIELD PLAT 3. MOTION BY COUNCILMAN DUROY,TO APPROVE.COUNCILMAN DUROY WITHDREW HIS MOTION. -95 - THIS ITEM HAS BEEN TABLED UNTIL THE NEXT MEETING.ONCE ALL LEGAL DOCUMENTS ARE COMPLETED WILL SCHEDULE A SPECIAL MEETING. WESTGATE PRELIMINARY PLAT.MOTION BY COUNCILMAN GRUBER,SECONDED BY COUNCILMAN DUROY TO APPROVE THE WESTGATE PRELIMINARY PLAT SUBJECT TO CHANGING 2 OF THE STREETS TO BE THROUGH STREETS TO HIGHWAY 6.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES,GRUBER, DUROY,LIHS,BAILEY AND STRAIN.NAYS:NONE.MOTION CARRIED 5 TO 0. WINDSOR WEST FINAL PLAT.MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN STRAIN, TO APPROVE WINDSOR WEST FINAL PLAT SUBJECT TO RECEIVING THE PROPER PERFORMANCE BONDS ON SIDEWALKS,ETC.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,STRAIN,GRUBER,LIHS AND BAILEY.NAYS:NONE.MOTION CARRIED 5 TO 0. HICKMAN ROAD TRUNK SEWER SPECIAL ASSESSMENT -WINDFIELD.JOHN KURSITIS,VEENSTRA & KIMM SPOKE TO THE COUNCIL REGARDING THE HICKMAN ROAD TRUNK SEWER SPECIAL ASSESSMENTS. MATTERS REGARDING ANNEXATION PENDING BEFORE THE CITY DEVELOPMENT BOARD.MOTION BY COUNCILWOMAN LIHS,SECONDED BY COUNCILMAN DUROY,TO ENTER INTO CLOSED SESSION PURSUANT TO IOWA CODE SECTION 21.5 Ic)"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 ASKED FOR A ROLL CALL VOTE:AYES:LIHS,DUROY,BAILEY,STRAIN AND GRUBER.NAYS:NONE.MOTION CARRIED 5 TO 0. MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILMAN BAILEY,TO LEAVE CLOSED SESSION AT 11:06PM.THE MAYOR ASKED FOR A ROLL CALL VOTE:AYES:DUROY,BAILEY,GRUBER,STRAIN AND LIHS.NAYS:NONE.MOTION CARRIED 5 TO 0.1 MOTION BY COUNCILMAN DUROY,SECONDED BY COUNCILWOMAN LIHS,TO ADJOURN.THE MAYOR ASKED FOR A VOICE VOTE.MOTION CARRIED 5 TO 0,ON A VOICE VOTE.THE COUNCIL MEETING WAS ADJOURNED AT 11:06PM. ATTESTED: ROBERT P.BARRETT,CITY CLERK PRO TEM I