HomeMy WebLinkAboutCouncil.Minutes.09-06-1994.Regular 25
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOfI September 6 19 24—
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REGULAR SE55ION - 5EPTEMBER 6, 1994
Council convened in regular session on Tuesday, September, 6, 1994, at 7:30 p.m. with
Mayor A1 Spradling III presiding and Council Members Richard Eggimann, Melvin
Gateley, Melvin Kasten, Tom Neumeyer, Jack Rickard and JJ Williamson present.
The invocation was presented by Msgr. Richard Rolwing of St. Mary's Cathedral, and
the Pledge of Allegiance was recited.
Prior to the regular session, council convened in executive session for the purpose of
discussing litigation and property acquisition upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The minutes from the August 15, 1994, Regular and Executive Sessions were approved
upon Mr. Williamson's motion, Dr. Kasten's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson, to adopt the agenda as
distributed to the Council. Dr. Kasten made an amending motion, seconded by Mr.
Williamson, to add to the agenda a motion authorizing the City Manager to execute the
contract with Sverdrup on the sanitary sewer program. The amending motion was
approved upon the following vote: Eggimann, nay; Gateley, nay; Kasten, aye;
Neumeyer, aye; Rickard, aye; Spradling, aye; Williamson, aye. The original motion was
approved as amended upon the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the request of Marilyn Steck and
Maple Avenue Methodist Church for a special use permit for church use of the property
at 2421 Jean Ann Drive in an R-1, single family residential district, the hearing was
opened. Mr. Fred Smith of Maple Avenue Church appeared before the Council in
support of the request and to answer any questions. There being no further appearances,
the hearing was closed.
BILL NO. 94-218 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MARILYN STECK
AND MAPLE AVENUE LTNITED METHODIST CHURCH, FOR PURPOSES OF
MAINTAIIVING AND OPERATING PROPERTY FOR CHURCH USE AT 2421 JEAN
ANN DRIVE, IN THE CITY AND COLTNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-218 was approved upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reqular _ S2SSIOf1 September 6 �9 94
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This being the date set for a public hearing regarding the request of St. Mark's Lutheran
Church for a special use permit for a church pre-school at 1900 Cape La Croix Road in
an R-1, single family residential district, the hearing was opened. T'here being no
appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of MACSEM
Properties, L.L.C. to rezone a portion of Lot 2, Six Sisters Subdivision from R-1, single
family residential district, to C-2, general commercial district, the hearing was opened.
Mr. Dave Gerlach appeared before the Council in support of the request and to answer
any questions. There being no further appearances, the hearing was closed.
BILL NO. 94-223 was given first reading as follows:
, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOTTING OF
LOT 2 OF SIX SISTERS 5UBDIVISION, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-1 TO C-2
� The first reading of BILL NO. 94-223 was approved upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the request of Vernon E. and
Carole S. Rhodes to rezone a portion of 1724 N. Kingshighway from R-1, single family
residential district, to C-2, general commercial district, the hearing was opened. Mr.
Scott Rhodes appeared before the Council in support of the rezoning, and requested
emergency reading of BILL NO. 94-220 approving the rezoning. There being no further
appearances, the hearing was closed.
BILL NO. 94-220 was given first, second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF
THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZOrTING OF
A PORTION OF 1724 NORTH KINGSHIGHWAY, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-1 TO C-2
The first, second and third readings of BILL NO. 94-220 were approved and the
ordinance adopted upon Mr. Eggimann's motion, Mr. Williamson's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 94-220 is ORDINANCE NO. 1593.
Ms. Tracy Durham, 1427 N. Water, appeared before the Council and expressed her
opposition to the requirements that all city residents pay for solid waste services even if
the resident does not use them. She stated that she was not happy with the city service,
so she hired a private hauler to pick up her trash; however, she is still being billed by
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the city for city trash services. She inquired as to how to present a petition to the City
Council regarding this issue. Mayor Spradling informed her to contact the City Clerk.
Mr. Gateley made the following requests: (1) that the city staff prepare an assessment
° on the procedure and cost to pave Brucher Street; (2) that the city staff send a letter to
the owner of the home at 1400 North Main regarding the safety and condition of the
home; and (3) that the Housing Assistance Task Force present to the Council their
findings regarding affordable housing in the city. After discussion, it was the consensus
that the Task Force appear at the October 10 City Council meeting.
Mr. Eggimann stated that there was an article in the Southeast Missourian that the
Lutheran Home on Bloomfield Road is planning an expansion of its facilities. If this is
correct, the city will need to look into widening of Bloomfield Road.
The following bills were given second and third readings:
BILL NO. 94-206 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
ROBERT F. O'GRADY, JR. AND KAT'HLEF.N O. O'GRADY
FOR PURPOSES OF MAINTAI1vING AND OPERATING
STORAGE OF VENDING MACHINE INVENTORY AT 2026
ROBIN HOOD CIRCLE IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 94-208 AN ORDINANCE APPROVING THE ISSUANCE OF
APPROXIIVIATELY $3,525,000 PRINCIPAL AMOUNT OF
CITY OF CAPE GIRARDEAU, MISSOURI, CERTTFTCATES
OF PARTICIPATION (CAPITAL IMPROVEMENTS
PROJECTS), SERIES 1994A, FOR THE PURPOSFS OF
PROVIDING FUNDS TO PAY THE COSTS OF A PROJECT
FOR THE CITY; AUTHORIZING AND APPROVING
CERTAIN DOCUMENT5 IN CONNECTION WITH THE
ISSUANCE OF THE CERTIFICATES; AND AUTHORIZING
CERTAIN OTHER ACTIONS IN CONNECTION WITH THE
ISSUANCE OF THE CERTIFICATES
BILL NO. 94-209 AN ORDINANCE ACCEPTTNG PERMANENT EASEMENTS
AND TEMPORARY CONSTRUCTION EASEMENTS FROM
NADA NAGEL; AND DOROTHY SEYER FOR THE NORTH
KINGSHIGHWAY SAIVITARY SEWER PROJECT
� BILL NO. 94-213 AN ORDINANCE REAFFIRMING THE ACTION OF THE
CITY COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING TfIE
CITY MANAGER TO ENTER INTO A CONTRACT TO DO
THE WORK, PROVIDING FOR THE PAYMENT OF THE
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Regular $@SSIOCI September 6 19 94
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WORK, AND PROVIDING FOR THE IS5UANCE OF SPECIAL
TAX BILLS IN AN AMOUNT NOT TO EXCEED $90.00 PER
FRONT FOOT IN PAYMENT OF THE COST OF SAME ON
CAPE WEST PARKWAY FROM CAMPSTER DRIVE SOUTH
766.41 FEET; FROM SIEMERS DRIVE EAST, THEN NORTH
2,049.65 FEET, AND RICHMOND DRIVE WFST FROM CAPE
WEST PARKWAY 265 FEET; WITH THE BALANCE TO BE
PAID FROM GENERAL REVENUE FUNDS, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
Dr. Kasten made a motion, seconded by Mr. Neumeyer, that the second and third
readings of BILL NOS. 94-206, 94-208, 94-209, and 94-213 be approved and the
ordinances be adopted. Mr. Gateley made an amending motion, seconded by Mr.
Eggimann, that BILL NO. 94-208 be amended to reflect the issuance of $3,530,000
certificates of participation. The amending motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none. The original motion was approved as amended upon the following vote:
Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none. BILL NO. 94-206 is ORDINANCE NO. 1594; BILL NO. 94-208 is
ORDINANCE NO. 1595; BILL NO. 94-209 is ORDINANCE NO. 1596; BILL NO. 94-
213 is ORDINANCE NO. 1597.
BILL NO. 94-219 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERNIIT TO ST. MARK
LUTHERAN CHURCH, FOR PURPOSES OF MAINTAIrTING AND OPERATING A
CHURCH PRE-SCHOOL AT 1900 CAPE LA CROIX ROAD, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 94-219 was approved upon Dr. Kasten's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-227 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 30-61 OF THE CITY CODE BY THE
ADDITION OF ONE NEW SUBSECTION RELATING TO THE BOARD OF
ADJLTSTMENT
The first reading of BILL NO. 94-227 was approved upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-221 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $eSSIOCI September 6 19 94
SLL.13703
AN ORDINANCE APPROVING THE RECORD PLAT OF NORTHFIELD
SIXTEENTH SUBDIVISION
The first reading of BILL NO. 94-221 was approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-225 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED AND A
TEMPORARY CONSTRUCTTON EASEMENT FROM ALBERT M. SPRADLING, III
AND PAMELA S. SPRADLING FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
The first reading of BILL NO. 94-225 was approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggunann, Gateley, Kasten,
Neumeyer, Rickard, Williamson. Nays, none. Spradling abstained for fmancial reasons.
BILL NO. 94-226 was given first reading as follows:
AN ORDINANCE ACCEP'TING A PERMANENT EASEMENT AND A TEMPORARY
CONSTRUCTION EASEMENT FROM JERRY LIPPS AND RUTH W. LIPPS FOR
A CITY OF CAPE GIRARDEAU WATER MAIN
The first reading of BILL NO. 94-226 was approved upon Mr. Gateley's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-232 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMA,NENT EASEMENTS FROM SIX THIRTY,
INC.; DAIVIEL R. TODT; DAY TRANSFER CO. AND CAPE CENTRAL
PUBLISHING INC. FOR SAIVITARY SEWER IMPROVEMENTS IN SEWER
DISTRICT NO. 14-2-A
The first reading of BILL NO. 94-232 was approved upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none. The sanitary sewer
improvements in a portion of Sewer District 14-2-A as shown on the plans approved
; March 7, 1994, were accepted upon Mre Williamson's motion, Mr. Gateley's second,
! and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
� Spradling, Williamson. Nays, none.
I
, BILL NO. 94-230 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $BSSIOt1 September 6 i 9 94
SLI.13703
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A
LICENSE AND INDEMNITY AGREEMENT WITH JOHN AND DEBBIE
BRINKMAN FOR IMPROVEMENTS ON FOREST AVENUE
The first reading of BILL NO. 94-230 was approved upon Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-228 was given first reading as follows:
AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU,
MISSOURI, UPON THE REQUEST OF JOSEPH K. ESSMYER AND WIN1vIE
ESSMYER; EARL H. NORMAN AND RUTH ANN NORMAN; PATRICK FISSELL
EVANS AND CHERYL ANN EVANS; WILLIAM G. EVANS; THOMAS F.
FROEMSDORF AND MARY E. FROEMSDORF; RONALD A. VER VYNCK AND
KENNEDY VER VYNCK; DENNIS V. RADDLE AND TAMMY R. RADDLE;
WESLEY W. FARROW, JR. AND TERRY G. FARROW; BRIAN DUANE STEVENS
AND ELIZABETH KRAHN STEVENS; PAUL W. CLARKE; 70DA L. BESS AND
CHARLOTTE A. BESS; KENNETH G. SCHWAB; ROBERT C. VANDERGRAAF
AND SHARON L. VANDERGRAAF; JAMES A. COCHRANE III AND SARA
COCHRANE; JOHN PAUL HEISSERER AND CAPE SPECIAL ROAD DISTRICT
The first reading of BILL NO. 94-228 was approved upon Mr. Williamson's motion,
Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-233 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMA►NENT EASEMENT AND A TEMPORARY
CONSTRUCTTON EASEMENT FROM ROBERT A. DRURY AND ANNA R. DRURY
FOR A CITY OF CAPE GIRARDEAU WATER MAIN
The first reading of BILL NO. 94-233 was approved upon Mr. Gateley's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-224 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 29 OF THE CITY CODE RELATING TO
WATER AND SEWERS
Dr. Kasten made a motion, seconded by Mr. Williamson, to approve the first reading of
BILL NO. 94-224. Mr. Eggimann made an amending motion, seconded by Mr. Gateley,
that the new rates be effective January 1, 1995. The amending motion was approved
upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Rickard, Spradling,
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ $@SSIOfI September 6 �9 94
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Williamson. Nays, Kasten. The original motion was approved as amended upon the
following vote: Ayes, Eggimann, Gateley, Neumeyer, Rickard, Spradling, Williamson.
Nays, Kasten.
BILL NO. 94-235 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT AND TEMPORARY
CONSTRUCTION AND ACCESS EASEMENT FROM SIX THIRTY, INC. FOR
SANITARY SEWER IMPROVEMENTS TO SERVE RELOCATED MID-SOUTFi
STEEL PRODUCTS, INC.
The first reading of BILL NO. 94-235 was approved upon Mr. Eggimann's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-231 was given first reading as follows:
AN ORDINANCE REPEALING SECTION 22-48(b)OF THE CITY CODE RELATING
TO SOLID WASTE AND REPEALING SECTION 29-67(b) OF THE CITY CODE
RAi"ATING TO SEWERS, AND ENACTING NEW SECTIONS IN LIEU THFREOF
The first reading of BILL NO. 94-231 was approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-237 was given first, second and third readings as follows:
AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR
STREETS, ROADS AND SAI�IITARY SEWERS
The first, second and third readings of BILL NO. 94-237 were approved and the
resolution adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none. BILL NO. 94-237 is ORDINANCE NO. 1598.
Mr. Neumeyer made a motion, seconded by Mr. Williamson, that the City Manager
execute the contract with Sverdrup Civil to proceed with engineering for the sanitary
� sewer project. The motion was approved upon the following vote: Ayes, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, Eggimann, Gateley.
BILL NO. 94-222 was presented as follows:
A RESOLUTTON AU'TIiORIZING THE CITY MANAGER TO EXECUTE AN
ESCROW AGREEMENT WITH NORTHFIELD PROPERTIES, INC. AND
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular _ SgSSIOfI September 6 19 94
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AMERIFIRST BANK OF CAPE GIRARDEAU FOR NORTHFIELD SIXTEENTH
SUBDIVISION
The reading of BILL NO. 94-222 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-222 is RFSOLUTION NO. 977.
BILL NO. 94-229 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
SUBORDINATION AGREEMENT WITH WEST STAR FINANCIAL CORPORATION
FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY CHARLES
ADAMS AND ROYCE ADAMS
The reading of BILL NO. 94-229 was approved and the resolution adopted upon Mr.
Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-229 is RESOLUTTON NO. 978.
BILL NO. 94-234 was presented as follows:
A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE
AMENDMENT NO. 1 TO PROFESSIONAL SERVICES CONTRACT WITH
CRAWFORD, MURPHY & TILLY, INC., RELATING TO AIRPORT
IMPROVEMENTS
The reading of BILL NO. 94-234 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BII.L NO.
94-234 is RESOLUTION NO. 979.
BILL NO. 94-236 was presented as follows:
A RESOLUTTON AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONTRACT WITH THE DEPARTMENT OF PUBLIC SAFETY, MISSOURI
DIVISION OF HIGHWAY SAFETY FOR A TEAM SPIRIT TRAIIVING
CONFERENCE
The reading of BILL NO. 94-236 was approved and the resolution adopted upon Mr.
Williamson's motion, Mr. Neumeyer's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 94-236 is RFSOLUTION NO. 980.
BILL NO. 94-238 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SS1011 September 6 1 g 94
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
CONTRACT AMENDMENT NO. 7 AND NO. 8 WITH THE FEDERAL AVIATION
ADMI1vISTRATION FOR AIR TRAFFIC CONTROL SERVICES AT THE CAPE
GIRARDEAU MLTNICIPAL AIRPORT
The reading of BILL NO. 94-238 was approved and the resolution adopted upon Mr.
Eggimann's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
94-238 is RFSOLUTION NO. 981.
The change in managing officer for Schnucks Markets, Inc., d/b/a Schnucks, 19 S.
Kingshighway, Gary Joseph Meyer, New Managing Officer, was approved upon Mr.
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Williamson, to accept the report on the
community awareness/public relations program and to place on the October 10 agenda
an ordinance for a budget adjustment for this program. The motion was approved upon
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The improvement plans for sanitary sewers, storm sewers and streets for Jung
Subdivision were approved upon Mr. Williamson's motion, Mr. Neumeyer's second, and
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
There being no further business, the Council adjourned upon Dr. Kasten's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
A. . Spradling III, Ma or
,
�. �
Gayl . Conrad, Deputy City Clerk
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