HomeMy WebLinkAboutCouncil.Minutes.10-02-1995.Regular 319
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular $@SSIOfI October 2 19 95
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REGULAR SESSION - OCTOBER 2, 1995
Council convened in regular session on Monday, October 2, 1995, 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 J.J. Williamson present.
The invocation was presented by Rev. John Ferguson, Harmony Congregational Methodist
Church, and the Pledge of Allegiance was recited.
Prior to the regular session, Council convened in executive session for purposes of
discussing property acquisition upon Mr. Neumeyer°s motion, Mr. Gateley°s second, and
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The minutes of the September 18, 1995, regular and executive sessions were approved
upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote; �1yes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The agenda was adopted as distributed upon Mr. Eggimann's motion, Mr. Williamson'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 St. Francis Medical
Center for a special use pernut to allow parking spaces smaller than the minimum required
size in a parking garage at 211 St. Francis Drive in an R-4, multiple family residential
district, the hearing was opened. There being no appearances, the hearing was closed.
This being the date set for a public hearing regarding the request of David O. Patrick Trust
for a special use permit for assembling computer cables at 1809 North Kingshighway in
a G2, general commercial district, the hearing was opened. There being no appearances,
the hearing was closed.
Mr. Michael Maguire appeared on behalf of the Cable Television Citizens Committee.
The Committee is requesting they be appointed to operate and manage the programming
of the public access channel and to act as a "watchdog" to make sure that TCI Cablevision
is complying with the franchise agreement. After discussion Interim City Attorney Eric
Cunningham suggested that staff research this matter and report back to the Council at the
next meeting. The Council agreed.
The following bills were given second and third readings:
BILL NO. 95-202 AN ORDINANCE REAFFIRMING TT�ACTION OF TI-�CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE
CITY MANAGER TO ENTER INTO A CONTRACT TO DO
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THE WORK, PROVIDING FOR THE PAYMENT OF THE
WORK, AND PROVIDING FOR TI�ISSUANCE OF SPECIAL
TAX BILLS IN AN AMOUNT NOT TO EXCEED $10.00 PER
FRONT FOOT IN PAYMEN�' OF THE COST OF SAME ON
CHARLES STREET FROM HAWTHORNE RIVE TO WE5T
RODNEY DRIVE FOR A DISTANCE OF 625 FEET, WITH THE
BALANCE TO BE PAID FROM GENERAL REVENUE FUNDS,
IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 95-216 AN ORDINANCE ACCEPTING TEMPORARY
CONSTRUCTION EASEMENTS FROM EMIL WILLIAM
DEWROCK; AND MILDRED W. FOESTE, STEVEN L.
FOESTE, PAMELA 5. FOFST'E, JAMFS T. FOFSTE AND
MARY J. FOFSTE FOR THE WASTEWATER TREATMENT
PLANT ACCESS PROJECT
BILL NO. 95-217 AN ORDINANCE ACCEPTTNG A GENF,�tAi. WARRANTY
DEED AND A TEMPORARY CONSTRUCTION EASEMENT
FROM ENIIL WII I1AM DEWROCK FOR THE SOUTH SPRIGG
STREET ELEVATION PROJEC'�
BILL NO. 95-219 AN ORDINANCE APPROVING THE RECORD PLAT OF
HUNTER'S PLACE 2NI� SiJBDIVISION
BILL NO. 95-220 AN ORDINANCE APPROVING THE RECORD PLAT OF
PEKIOS ADDITION
The second and third readings of BILL NOs. 95-202, 95-216, 95-217, 95-219, and 95-220
were approved and the ordinances adopted upon Mr. Gateley's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
� Spradling, Williamson. Nays, none. BILL NO. 95-202 is ORDINANCE NO. 1788;
BILI.NO. 95-216 is ORDINANCE NO. 1789; BILL NO. 95-217 is ORDINANCE NO.
1790; BILL NO. 95-219 is ORDINANCE NO. 1791; BILL NO. 95-220 is ORDINANCE
NO. 1792.
BILL NO. 95-225 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS
MEDICAL CENTER FOR PURPOSES OF CONSTRUCTING, MAINTAIIVING AND
OPERATTNG PARKING SPACES SMALLER THAN THE MINIMUM REQUIRED
SIZE IN A PARKING GARAGE AT 211 ST. FRANCIS DRIVE, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MI550URI
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The first reading of BILL NO. 95-225 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. 95-226 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DAVID O. PATRICK
TRUST FOR PURPOSFS OF ASSEIVIBLIlVG COMPUTER CABLES AT 1809 NORTH
HINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 95-226 was approved upon Dr. Kasten's motion, Mp,
Gateley's second, and the following vote: Ayes, Eggimann (abstain), Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-227 was given first reading as follows:
AN ORDINANCE AiJTHORIZING THE CITY MANAGER TO EXECUTE A CABLE
COMMUIVICATTONS FRANCHISE AGREEMENT WITH TCI CABLEVISION OF .
MISSOURI, INC.
The first reading of BILL NO. 95-227 was approved 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. 95-229 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTTON 26-247 OF THE CITY
CODE ESTABLISHING NO PARKING ON WHITENER STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 95-229 was approved upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-230 was given first, second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO �
WEARING PROTECTIVE HEADGEAR
The first, second and third readings of BILL NO. 95-230 were approved and the ordinance
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. 95-230 is ORDINANCE NO. 1793.
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BILL NO. 95-231 was given first, second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
CAREFUL AND PRUDENT OPERATION OF A MOTOR VEHICLE
The first, second and third readings of BILL NO. 95-231 were approved and the ordinance
adopted upon Dr. Kasten's motion, Mr. Gateley's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-231 is ORDINANCE NO. 1794.
BILL NO. 95-232 was given first, second and third readings as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
EXCEEDING SPEED LIlVIITS
The first, second and third readings of BILL NO. 95-232 were approved and the ordinance
adopted upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays,
none. BILL NO. 95-232 is ORDINANCE NO. 1795.
Mayor Spradling explained that several ordinances on the agenda or bringing the city code
up to date to be in compliance with state law.
BILL NO. 95-233 was given first reading as follows:
AN ORDINANCE ENACTING A NEW SECTION 16-33 OF THE CITY CODE
RELATING TO MOTORCYCLE SAFETY TRUST FUND
The first reading of BILL NO. 95-233 was approved upon Dr. Kasten's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-234 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
PASSENGER RESTRAINT SYSTEM FOR CHILDREN
The first reading of BILL NO. 95-234 was approved upon Mr. Gateley's motion, Dr.
Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-235 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO
HINDERING PROSECUTION
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The first reading of BILL NO. 95-235 was approved upon Mr. Williamson's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-236 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE RELATING TO
RESISTING OR INTERFERING WITH ARREST
The first reading of BILL NO. 95-236 was approved upon Mr. Neumeyer's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-237 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 16-27 OF TI�CITY CODE RELATING TO
MITNICIPAL COURT COSTS
The first reading of BILL NO. 95-237 was approved upon Dr. Kasten's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-238 was given first, second and third readings as follows:
AN ORDINANCE AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE
A LICENSE AND INDEMIVITY AGREEMENT WITH LAWRENCE AND DORIS
HAMMONTREE FOR A RESIDENTIAL STRUCTLTRE ON NORTH WATER STREET
RIGHT-OF-WAY
The first, second and third readings of BILL NO. 95-238 were approved and the ardinance
adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none. BILL NO. 95-238 is ORDINANCE NO. 1796.
BILL NO. 95-239 was given first reading as follows:
AN ORDINANCE ENACTING A NEW SECTION 22-92 OF THE CITY CODE
RELATING TO CONTROL OF RUNOFF WATER
T'he first reading of BILL NO. 95-239 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. 95-240 was given first reading as follows:
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AN ORDINANCE E�TACTING A NEW SECTION 22-93 OF THE CITY CODE
RELATING TO REMOVAL OF MUD AND DIRT FROM PUBLIC STREETS
The first reading of BILL NO. 95-240 was approved upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, 5pradling, Williamson. Nays, none.
BILL NO. 95-241 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 4-2(A) OF THE CITY CODE RELATINC�
TO RESIDENCE REQUIRIIvIENTS FOR TI�CAPE GIRARDEAU AIRPORT BOARI)
The first reading of BILL NO. 95-241 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. 95-242 was given first reading as follows:
AN ORDINANCE RELATING TO RESIDENCY REQUIREMENTS FOR VARIOUS
CITY ADVISORY BOARDS AND COMI�IISSIONS
The first reading of BILL NO. 95-242 was approved upon Dr. Kasten's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-243 was given first, second and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF RED OAK ESTATES
SUBDIVISION
The first, second and third readings of BIL.L NO. 95-243 were approved and the ordinance
adopted upon Mr. Williamson's motion, Mr. Gateley's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none. BILL NO. 95-243 is ORDINANCE NO. 1797.
BILL NO. 95-245 was given first reading as follows: �
AN ORDINANCE ACCEPTING A SPECIAL WARRANTY DEED FROM YEWELL
AND VIRGIE KRAUST FOR SOLID WASTE EQUIPMENT STORAGE
The first reading of BILL NO. 95-245 was approved upon Dr. Kasten's motion, iVlre
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
BILL NO. 95-246 was given first reading as follows;
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AN ORDINANCE ACCEP'ITNG A GENERAL WARRANTY DEED FROM RUBY B.
rTISWONGER; ACCEPTING GENERAL WARRANTX DEEDS AND TEMPORARY
CONSTRUCTION EASIIVIENTS FROM CI.ARENCE A. LOHMANN AND VERA A.
LOHMANN; ACCEPTING PERMANENT EASEMENTS AND TEMPORARY
CONSTRUCTTON EASIIVIENTS FROM RICHARD M. HAGEDORN AND DORIS I.a
HAGEDORN; AND RAYMOND B. HUNZE, CHARLES L. HLTNZE AND EDNA H.
HUNZE; ACCEPTING A SPECIAL WA►R:RANTY DEED AND A QUIT CLAIM DFFT�
FROM CHART F� A. JUDEN, JR; AND ACCEPTTNG A QUIT CLAIM DEED FROM
PETER E. COOPER FOR THE SOUTH SPRIGG STREET ELEVATION PROJECT
The first reading of BILL NO. 95-246 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. 95-247 was given first reading as follows:
AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM DOLLY
M. FARRAR AND SHIRLEY L. SLAUGHTER FOR THE WASTEWATER
TREATMENT PLANT ACCESS PROJECT
The first reading of BILL NO. 95-247 was approved upon Mr. Eggimann°s motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, nonea
BILL NO. 95-244 was presented as follows:
A RESOLUTION AUTHORIZING THE INTERIM CITY MANAGER TO EXECUT'E
AN ESCROW AGREIIVIENT AND IltREVOCABLE LETTER OF CREDIT WITH RED
OAK ESTATES, L.C. AND THE FIRST NATIONAL BANK OF THE MID SOUTH
FOR RED OA� ESTATES SUBDIVISION
The reading of BILL NO. 95-244 was approved and the resolution adopted upon Mr.
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, 5pradling, Williamson. Nays, none. BILL NO.
95-244 is RFSOLUTION NO. 1094.
BILL NO. 95-228 was presented as follows:
A RESOLUTTON STATING THE INTENTION TO CLOSE THE COOPER
ST./BURLINGTON NORTHERN RAILROAD CROSSING IN THE CITY OF CAPE
GIRARDEAU, MIS50URI
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The reading of BILL NO. 95-228 was approved and the resolution adopted upon Mr.
Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggunann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
95-228 is RFSOLUTION NO. 1095.
BILL NO. 95-248 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
AUTHORIZATION NO. 6 WITH BURNS AND MCDONNELL ENGINEERING
COMPANY, INC. FOR THE WATER TREATMENT AND DISTRIBUTION 5YSTEM
PROJECT
The reading of BILL NO. 95-248 was approved and the resolution adopted upon Dr.
Kasten's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none. BILL NO.
95-248 is RFSOLUTION NO. 1096.
BILL NO. 95-249 was presented as follows:
A RESOLUTTON AUTHORIZING THE CITX MANAGER TO EXECUTE
AUTHORIZATION NO. 7 WITH BURNS AND MCDONNELL ENGINEERING
COMPANY, INC. FOR TI�WATER TREATMENT AND DISTRIBUTTON SYSTEM
PROJECT
The reading of BILL NO. 95-249 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. BILL NO.
95-249 is RESOLUTION NO. 1097.
A retail liquor by the drink license for Merriwether Investments, Inc., d/b/a Royal
N'Orleans, 300 Broadway, Jerrianne Wyman, Managing Officer, was conditionally
approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
A retail liquor by the drink license for Craig Horky, d/b/a Sharky's, 15 North Main, Craig
Horky, Managing Officer, was conditionally approved upon Dr. Kasten's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
An original package liquor, Sunday sales license for Rhodes City Truck Plaza, d/b/a
Rhodes 101 Stop, 2109 William, Paul Dirnberger, Managing Officer, was conditionally
approved upon Mr. Eggimann's motion, Mr. Williamson's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays,
none.
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A wholesalers of malt liquor not in excess of 5% license for Thilenius Distributing
Company, Inc. d/b/a River Eagle Distributing Company, 2346 Rust Avenue, Gene H.
Patterson, Managing Officer, was conditionally approved upon Mr. Eggimann`s motion,
Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The street and sanitary sewer improvements and the storm sewers in the street right-of-way
for Lexington Place Third Subdivision were accepted, and the escrow agreement covering
these improvements was released upon Dr. Kasten's motion, Mr. Gateley's second, and .
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The water main extension to serve Pinewood Trailer Park was accepted upon Mr.
Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement plans for sanitary sewers to serve Phase II of the Lutheran Home for the
Aged development were approved upon Mr. Gateley's motion, Mr. Eggimann's second,
and the following vote: Ayes, Eggunann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
The improvement plans for streets, storm and sanitary sewers for Pindwood Place
Subdivision were approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The improvements completed under the 1994-1995 Overlay Program Section II were
accepted, and final payment to Apex Paving Company, Inc. was authorized upon Mr. �
Williamson's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The City Council Handbook and Policy Statements was amended regarding advisory
boards and commission upon Mr. Neumeyer's motion, Mr. Gateley's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 95-250 was presented as follows:
A RESOLUTION AUTHORIZING 'TIiE INTERIM CITY MANAGER TO EXECUTE
A CONTRACT AGREEMENT WITH ASCHINGER ELECTRIC COMPANY FOR A
WASTEWATER TREATMENT PLANT AIJXILIARY GENERATOR
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The reading of BILL NO. 95-250 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. �
95-250 is RFSOLUTION NO. 1098.
The bid for the addition of an auxiliary generator to provide back-up power at the Cape
Rock Water Plant was rejected 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 Mr. Gateley's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Rickard, Spradling, Williamson. Nays, none.
.
A. M. pradling III, ayor
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Gayle T:. Conrad, Deputy City Clerk