HomeMy WebLinkAboutCouncil.Minutes.03-01-2010.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 1, 2010 HH -29
REGULAR SESSION — MARCH 1, 2010
The Cape Girardeau City Council convened in regular session on Monday, March 1, 2010, at 7:00
p.m., with Mayor Jay B. Knudtson presiding and Council MembersCharlie Herbst, Mark Lanzotti,
Marcia Ritter, Loretta Schneider, Debra Tracy and John Voss present.
Father David Hulshof, of St. Vincent de Paul Catholic Church, presented the invocation, and
Michael Mahen of Boy Scouts of America Troop 5 led the Pledge of Allegiance. Michael Mahen,
Zac Stagger, and Jared Sailer attended the Council meeting to complete requirements necessary for
a merit badge.
Prior to the regular session, the City Council convened in closed session for purposes of discussing
personnel, litigation and confidential communications with the City Attorney pursuant to RSMo.
Sections 610.021(1) and (3) upon Mr. Herbst's motion, Mrs. Schneider's second, and the
following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
The minutes of the February 5, 2010, special session and the February 16, 2010, regular and
closed sessions were approved upon Mr. Voss' motion, Mrs. Schneider's second, and the
following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
The agenda was approved as distributed upon Mrs. Schneider's motion, Mrs. Tracy's second, and
the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays,
none.
COUNCIL COMMUNICATIONS
Mrs. Tracy congratulated staff and volunteers who worked hard to get The Discovery Playhouse, a
Children's Museum, ready for its opening at the end of March.
Mayor Knudtson said that he had attended the Fire Department's residential sprinkler
demonstration and it was a great educational opportunity for the City. City Manager Scott Meyer
said that the demonstration proved that sprinkler systems save lives and minimize property damage
with a relatively small investment in new residential construction cost. He commended Chief
Ennis and staff for an excellent learning toil and successful training.
CITY MANAGER COMMUNICATIONS
Mrs. Kelly Green, City Engineer, presented an update of major street and construction projects
underway in the City and previewed projects scheduled to start this spring and summer
Mr. Meyer spoke of a situation where City Hall employees Christi Jackson and Beth Little had
aided another employee during a medical episode, and commended the employees for their
assistance.
Mr. Meyer noted that the new trash containers will be delivered starting in early April for the
automated trash collection beginning in May. He said that residents can put their old trash
containers out for pick up and disposal at their last April pick up, or they can request a special pick
up which is availably free of charge once each year.
Mr. Tim Gramling, Director of Public Works, remarked that residents who physically cannot
maneuver their trash containers to the street can request smaller containers, or they can request that
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Proceedings of the City Council, City of Cape Girardeau, Mo.
the City pick up their trash containers at their doors. He said that City staff have received
approximately 2,000 requests for smaller containers, and about 50 additional requests for special
needs pickups. Mr. Meyer stated that City Staff have personally visited residents who had
questions and concerns about the transition.
Mrs. Tracy asked if a block with an alley and inaccessible front drives can request pick up in an
alleyway behind the property. Mr. Gramling said that would be determined on a case-by-case
basis considering power lines andavailable space.
PUBLIC HEARINGS
This being the date set for a public hearing regarding the proposed 2010-2015 Capital
Improvements Program for the City of Cape Girardeau, the hearing was opened by Mayor
Knudtson. There being no appearances, the hearing was closed. Mayor Knudtson noted that the
Council had reviewed the projects listed in the 2010-2015 Capital Improvements Program in the
study session, and a Resolution adopting the Capital Improvements Program would be on the next
meeting's agenda
APPEARANCES
Mr. Jim Maurer appeared before the Council on behalf of The Discovery Playhouse, a Children's
Museum, to support the Museum's request for handicap parking, loading zone, and twehour street
parking. He stated that the first floor of the Children's Museum will be opening at the end of
March, and he described the exhibits. Mr. Maurer commended the business and local support and
volunteers who have made the opening possible.
BILL NO. 10-30 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE
BY ESTABLISHING HANDICAP PARKING IN THE 500 BLOCK OF BROADWAY, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 10-30 was approved upon Mrs. Tracy's motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
BILL NO. 10-31 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE V OF SECTION 26-31 OF THE CITY CODE BY
ESTABLISHING A LOADING ZONE ON MIDDLE STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 10-31 was approved upon Mr. Herbst's motion, Ms. Ritter's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
BILL NO. 10-32 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 OF THE CITY CODE,
AMENDING TWO-HOUR PARKING ON A PORTION OF BROADWAY AND MIDDLE
STREETS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
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Regular Session March 1, 2010 HH -31
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The first reading of BILL NO. 10-32 was approved upon Mr. Voss' motion, Mr. Lanzotti's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
Mrs. Glinda Seabaugh and her son appeared before the Council in support of their request for a
5% beer by the drink license for Mississippi Mud House.
Mr. Voss made a motion, seconded by Mr. Lanzotti, to conditionally approve a 5% beer by the
drink license for Glinda Seabaugh, d/b/a Mississippi Mud House, 811-A Broadway, Glinda
Seabaugh, Managing Officer. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
Mr. John Heckrotte, of 1105 Linden St. Apt. 311, appeared before the Council on behalf of Mrs.
Geraldine Middleton, who lives at 1742 Dunklin. He presented photographs to the Council,
showing driveways on Dunklin that he said have no place to put the new trash containers for the
automated solid waste collection system. Mr. Heckrotte said he had spoken with Mr. Mike Tripp
and Mr. Steve Cook of the Public Works Department about his concerns, andhe suggested that the
alleyway behindDunklin could be used for trash pickup.
Mayor Knudtson responded that City staff have met with Mr. Heckrotte and had offered to pick up
Mrs. Middleton's trash containers at her door, a service offered to anyonewith a doctor's note who
requests it. Mr. Meyer stated that City staff will consider every request on a case-by-case basis,
and they will review the merits of moving trah pick up to the alleywayat this location
Mr. Don Howard, of 1100 Ranney, addressed the Council and complained of rental houses on his
street. He alleged that one of these houses had 10-15 occupants. He said that the people who live
there are known to use illicit drugs, and he had spoken with the Cape Girardeau Police Department
about extra patrols in his neighborhood. Mr. Howard criticized money spent on a downtown
parking lot and convenience area. He said that the money should have been spent to hire another
Police Officer. Mayor Knudtson noted that funding for that parking lot was grant money that
could not be re -directed to staffing.
Mr. Vince Brown, of Withers Broadcasting, addressed the Council and said that since he had
moved to Cape Girardeau two years ago, he had learned a lot about City government. He thanked
the City Council members for serving the City, and he encouraged citizens to voice their concerns
to the Council and learn about what the members of the City Council go through in representing
Cape Girardeau.
CONSENT ORDINANCES
The following bills were given second and third readings:
BILL NO. 10-10 AN ORDINANCE AUTHORIZING AND DIRECTING THE
ISSUANCE, SALE AND DELIVERY OF SPECIAL OBLIGATION
BONDS, SERIES 2010A, OF THE CITY OF CAPE GIRARDEAU,
MISSOURI; AND APPROVING CERTAIN DOCUMENTS AND
AUTHORIZING CERTAIN OTHER ACTIONS IN CONNECTION
THEREWITH
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular .Session March 1, 2010
IIBILL NO. ] 0-13 P PROPERTY FOR THE ARMSANCE TRIZING RONG ONG DRIVE PROJECT ESITION OF I)
BILL NO. 10-14 AN ORDINANCE ACCEPTING FEE SIMPLE INTEREST,
PERMANENT EASEMENTS AND TEMPORARY CONSTRUCTION
EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
VETERANS MEMORIAL DRIVE PROJECT
BILL NO. 10-17 AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
REGARDING NON -INTOXICATING LIQUOR
BILL NO. 10-15 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE
BY EXTENDING THE ONE-HALF OF ONE PERCENT
TRANSPORTATION SALES TAX AND REESTABLISHING THE
CITY TRANSPORTATION TRUST FUND, AND CALLING AN
ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON
THE QUESTION WHETHER TO APPROVE THE SALES TAX
EXTENSION; DESIGNATING THE TIME OF HOLDING THE
ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK
.TO GIVE NOTICE OF THE ELECTION
BILL NO. 10-18 AN ORDINANCE AMENDING SECTION 6-37 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
REGARDING ANIMALS IN AGRICULTURAL DISTRICTS
BILL NO. 10-12 AN ORDINANCE AMENDING CHAPTER 24 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU BY ADDING
A NEW ARTICLE V RELATED TO REGULATION OF PUBLIC
RIGHTS-OF-WAY, AND AMENDING SEVERAL OTHER
SECTIONS RELATING TO REGULATION AND USE OF PUBLIC
RIGHTS-OF-WAY
The second and third readings of BILL NOs. 10-10, 10-13, 10-14, 10-17, 10-15, 10-18 and 10-12
were approved and the Ordinances adopted upon Mr. Herbst's motion, Mrs. Schneider's second,
and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss.
Nays, none. BILL NO. 10-10 is ORDINANCE NO. 4102; BILL NO. 10-13 is ORDINANCE
NO. 4103; BILL NO. 10-14 is ORDINANCE NO. 4104; BILL NO. 10-17 is ORDINANCE NO.
4105; BILL NO. 10-15 is ORDINANCE NO. 4106; BILL NO. 10-18 is ORDINANCE NO. 4107;
and BILL NO. 10-12 is ORDINANCE NO. 4108.
The following bill was given second and third readings:
BILL NO. 10-19 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE. CITY OF CAPE GIRARDEAU, MISSOURI,
REGARDING ZONING
Mrs. Schneider made a motion, seconded by Mrs. Trac} to delete the AG -1 section that was added
by amendment to BILL NO. 10-19 at the first reading of the Ordinance at the February 16, 2010,
City Council meeting. Mrs. Tracy said she agreed with the motion to delete the amendment,
because she felt the process by which the amendment was adopted was not handled appropriately.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 1, 2010 HH -33
II She said issues contained in the AG -1 designation could be corrected and possibly adopted in the I
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future.
Mrs. Schneider stated she was not pleased with the process by which the amendment was
proposed, and she felt that the Ordinance should be adopted as approved by the Planning and
Zoning Commission. She further stated that she was opposed to hunting within City limits, which
would be allowed in the AGI District.
Ms. Ritter said that she had spoken with the City Attorney, Eric Cunningham, about her concerns,
and she is now convinced that the new AG -1 designation will simply give the Council another
zoning alternative. She stated that any remaining issues should be left to the new Council to make
any changes they feel are appropriate. Mayor Knudtson noted that the Planning and Zoning
Commission had an opportunity to study the proposed amendment adding the AG -1 District and
had denied it. He noted that if Mrs. Schneider's motion were approved, the AG -1 would be
removed and the Ordinance would be approved as presented by the Planning and Zoning
Commission.
The motion to amend failed upon the following roll call vote: Knudtson, aye; Lanzotti, nay; Ritter,
nay; Schneider, aye; Tracy, aye; Voss, nay; Herbst, nay. The second and third readings of BILL
NO. 10-19 were approved and the Ordinance adopted upon Mr. Voss' motion, Mr. Herbst's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none. BILL NO. 10-19 is ORDINANCE NO. 4109. Mr. Voss thanked City staff
and the Planning and Zoning Commission for their work on updating the 40 yeaiold zoning code.
NEW ORDINANCES
BILL NO. 10-20 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 22 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU RELATING TO THE NEW SOLID WASTE COLLECTION
SYSTEM
The. first reading of BILL NO. 10-20 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
BILL NO. 10-21 was given first reading as follows:
AN ORDINANCE ACCEPTING A QUIT CLAIM DEED AND AN EASEMENT FROM
UNION ELECTRIC COMPANY DB/A AMERENUE TO THE CITY OF CAPE GIRARDEAU,
MISSOURI, FOR THE DOWNTOWN FLOOD PROTECTION SYSTEM
The first reading of BILL NO. 10-21 was approved upon Mr. Herbst's motion, Mrs. Schneider's
second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and
Voss. Nays, none.
RESOLUTIONS
BILL NO. 10-22 was presented as follows:
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 1, 2010 HH -34
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT
NO. 2 TO ADDENDUM NO. 2 TO THE GENERAL ENGINEERING SERVICES
AGREEMENT WITH WATERS ENGINEERING, INC. FOR RAW WATER SUPPLY
IMPROVEMENTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 10-22 was approved and the Resolution adopted upon Mr. Voss'
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 10-22 is RESOLUTION NO. 2510.
BILL NO. 10-23 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH APPRAISAL SERVICES FOR THE NEIGHBORHOOD STABILIZATION PROGRAM,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 10-23 was approved and the Resolution adopted upon Mrs. Schneider's
motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 1023 is RESOLUTION NO. 2511.
BILL NO. 10-24 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR ABSTRACT SERVICES WITH CAPE GIRARDEAU COUNTY ABSTRACT AND
TITLE COMPANY, INC. FOR THE NEIGHBORHOOD STABILIZATION PROGRAM, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 10-24 was approved and the Resolution adopted upon Mrs. Schneider's
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Lanzotti, Ritter, Schneider,
Tracy and Voss. -Nays, none. BILL NO. 10-24 is RESOLUTION NO. 2512. Mayor Knudtson
abstained from voting on BILL NO. 10-24 because Cape Girardeau County Abstract and Title
Company, Inc. has a financial interest at the bank where he works.
BILL NO. 10-25 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
FOR LEAD INSPECTION SERVICES WITH TRUTEST ENVIRONMENTAL SOLUTIONS,
LLC, FOR THE NEIGHBORHOOD STABILIZATION PROGRAM, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 10-25 was approved and the Resolution adopted upon Mrs. Schneider's
motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 1025 is RESOLUTION NO. 2513.
BILL NO. 10-26 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AGRICULTURAL LEASE WITH CHARLIE HEISSERER FARMS FOR REAL ESTATE AT
THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 10-26 was approved and the Resolution adopted upon Mr. Lanzotti's
motion, Mr. Voss' second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 1. 2010 HH -35
E909420JB
Schneider, Tracy and Voss. Nays, none. BILL NO. 10-26 is RESOLUTION NO. 2514. Ms.
Ritter asked why crops were not allowed in the lease area at this time. Airport Manager Bruce Loy
answered that it was due to the U.S. Navy Blue Angels' scheduled presence at the Air Festival in
June.
BILL NO. 10-27 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH QRS RECYCLING FOR RECYCLING SERVICES IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The reading of BILL NO. 10-27 was approved and the Resolution adopted upon Mr. Voss'
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 1027 is RESOLUTION NO. 2515.
BILL NO. 10-28 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT THE 2009
ASSISTANCE TO FIREFIGHTERS GRANT FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY AND THE DEPARTMENT OF HOMELAND SECURITY, AND
TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
The reading of BILL NO. 10-28 was approved and the Resolution adopted upon Mrs. Tracy's
motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter,
Schneider, Tracy and Voss. Nays, none. BILL NO. 10-28 is RESOLUTION NO. 2516. Mayor
Knudtson noted that the Assistance to Firefighters Grant is an opportunity to obtain additional fire
hoses and washing machineswith only a 10% cash match.
BILL NO. 10-29 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LANDLORD'S
CONSENT TO ASSIGNMENT AND ESTOPPEL CERTIFICATE CONSENTING TO THE
TRANSFER OF LEASE FROM HANGAR 3, INC., TO IVEY PROPERTIES, LLC, AT THE
CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 10-29 was approved and the Resolution adopted upon Mr. Herbst's
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti,
Ritter, Schneider, Tracy and Voss. Nays, none. BILL NO. 1029 is RESOLUTION NO. 2517.
APPOINTMENTS
Mr. Mark Buerck was re -appointed to the Board of Adjustment for a term expiring March 6, 2015,
upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst,
Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
Mr. Daniel Grimm was appointed to the Tree Board for a term expiring February 1, 2013, upon
Mrs. Tracy's motion, Mr. Herbst's second, and the following vote: Ayes, Herbst, Knudtson,
Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session March 1, 2010 HH -36
LIQUOR LICENSES
Mrs. Schneider made a motion, seconded by Mr. Herbst, to conditionally approve a retail liquor by
the drink license for Diamond Wireless, Inc., d/b/a Mixing 10, 2 North Main Street, David Creech,
Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Knudtson,
Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
OTHER
Mr. Voss made a motion, seconded by Mrs. Schneider, to accept the raw water transmission main
materials into the City's water supply system and to authorize final payment to H•D Supply
Waterworks in the amount of $1,280.00. The motion was approved upon the following vote:
Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy and Voss. Nays, none.
This being the date set for a review of City Council Member compensation the discussion was
opened by Mayor Knudtson. He noted that the Council is required by Section 3.05 of the Cape
Girardeau City Charter and Section 2-4 of the City Code of Ordinances to address this issue every
five years. He stated that given the fact that City employees have not received a raise in two or
three years and every department has budget challenges, he does not support an increase at this
time. During the study session, the Council did discuss possible benefits to encourage residents to
run for City Council.
Mr. Lanzotti stated that the salary for the positions on the Council had not changed in 29 years,
and he felt they were doing a disservice by not reviewing it more than every five years. He said he
felt the compensation package should be,reviewed more frequently, and he said that he will
address the issue next year at budget time when the new Council is on board and possibly look at
reimbursing expenses.
Mayor Knudtson noted that any changes made in pay or benefits would only affect future Council
Members. An annual review can be implemented by City staff with no motion needed. Ms. Ritter
said that she felt the City needed to look at all the issues. There are people who would run for
Council, but can't due to monetary issues. She said that the City needs to look at ways to make it
easier for people who work to run for Council.
Mayor Knudtson said that at present, the Council is paid a total of $9,000.00 annually by the City.
He encouraged future Councils to discuss this, issue on an annual basis during the normal budget
process.
Mrs. Tracy asked how often the cities listed in the Council compensation survey actually held
meetings. Mr. Meyer responded that he did not have that information.
There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr.
Voss' second, and the following vote: Ayes, Herbst, Knudtson, Lanzotti, Ritter, Schneider, Tracy
and Voss. Nays, none.
Ly. Knudtson, Mayor
1a
Gayle L0Conrad, City Clerk