HomeMy WebLinkAboutMinutes - 08/17/1994 - City Council �q!
REGULAR MEETING If
AUGUST 17, 1994
The Regular Meeting of the McHenry City Council was called to order !
by Mayor Cuda on Wednesday, August 17, 1994 at 7:30 P.M. in the Council ,
.� Chambers of the Municipal Center. At roll call the following Aldermen
were present: Bolger, Locke, Lawson, Baird. Bates arrived at 7:34 P.M.
Absent: None. City Staff in attendance were City Clerk Althoff, City
Attorney McArdle, Director of Building and Zoning Lobaito, Chief of � 4
Police Joyce. Absent: Director of Parks and Recreation Merkel, Director
of Public Works Batt, and City Administrator Peterson.
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TEN MINUTE PUBLIC INPUT SESSIOft
Gary and Tricia Snell from the Church of Holy Apostles, requested
Council approval for their Fifth Annual Walk-A-Thon. The Walk-A-Thou
will be held on Saturday, October 15, 1994 from 7:30 A.M. to Noon,
beginning at the Dartmoor Park shelter, and winding through the i
Whispering Oaks, Fox Ridge and Winding Creek areas.
Motion by Baird, seconded by Locke, to approve the Church of Holy
Apostles Walk-A-Thon and use of the Dartmoor Park shelter on Saturday,
October 15, 1994 from 7:30 A.M. to Noon.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None. I
`- Absent: None.
Motion carried. I� t
Marilyn Hamilton, a Whispering Oaks resident, addressed the Council
regarding a children's learning garden to be located on the west side of
the Whispering Oaks Park across from Fort McHenry. The project would !! i
require some monitary assistance from the City, as well as support from ' i
other service organizations. The Parks and Recreation Committee will
continue working with Mrs. Hamilton on this project, keeping the Council
apprised of its progress.
Wilbert Hecht, a local property owner, noted the recent newspaper
article on the proposed Knox/Busch annexation, and stated his support for ill
the project and the Knox family. Mr. Hecht then informed the present + N
Council that in response to former Mayor Stanek's suggestion to
straighten Industrial Drive in 1969, he had gifted a 50-foot portion of
his property adjacent to Front Royal for this purpose. He strongly
recommended, particularly now that Fort McHenry draws such a large number
of cars and people, that the Council consider undertaking this project
some time in the near future.
`.. PUBLIC HEARING - SECOND AMENDMENT TO McHENRY CORPORATE CENTER'S
ANNEXATION AGREEMENT
The Public Hearing on McHenry Corporate Center's Second Amendment to
the Annexation Agreement was called to order by Mayor Cuda at 7:45 P.M.
Petitioner Gar Lan Attorney Dan Curran architect Phil Jensen and Kit ;
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Carstens and Scott Dixon from the McHenry Corporate Center were in
attendance. Cheryl Barone, Court Reporter, was also in attendance. City
Attorney McArdle noted that after several meetings, the petitioner and
staff feel they have resolved all but five issues. These five issues are:
(1) The promotional plan;
(2) A written provision that if access to Route 31 is denied by IDOT to
this petitioner, and he then determines not to go forward with this fh1;
project, this agreement should be declared "Null and Void"; j
(3) A left-hand turn lane from the south; �I
(4) The sign plan;
(5) Determination whether all the McHenry Corporate Center title holders
need to sign off on this agreement; � II `
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Item No. 5, regarding the sign-off of title holders to this
agreement, was addressed first. Attorney Curran explained that all title {
holders had in fact, signed off by virtue of executing an amendment to
their convenants which provides specifically for the petitioner's (Lang)
use at its proposed location. This issue had not been required P'�!
previously as part of the first amendment, and the petitioner is asking
for the same consideration.
There being no further discussion and/or questions, the next item was
addressed.
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August 17, 1994 Page 2
It is staff's recommendation that a designated time frame be added,
nullifying and voiding the Second Amendment Agreement in the event the
petitioner is denied access to Route 31. Discussion followed as to the
length of this time frame. It was determined that a time frame of 18
5 months from the date of approval, with an option for an additional 12
months extension, be added to the Second Amendment Agreement.
The sign plan was the next issue addressed. Staff had requested
specific wall sign information from the petitioner, including: size,
dimensions, number, color, and location. Director of Building and Zoning
Lobaito stated that 'Mr. Lang, the petitioner, had at the onset of
tonight's meeting, given him a packet of car logos. He noted that there
were 13 signs and City ordinance allows one. An additional concern was
the absence of the requested information. Sign heights were given, but
no other dimensions were noted, nor were locations provided. As the sign
information was incomplete, and staff had not had an adequate opportunity
to review the information just distributed, Mayor Cuda suggested these
issues be resolved by staff. Council concurred with the understanding
that 13 variances would be issued to the petitioner to accomodate his
wall sign plan.
The remaining issue addressed was the northbound left-hand turn lane
into Mr. Lang's property at Mr. Lang's expense. It was the Council's
opinion that the construction of a left-hand turn lane to maintain
traffic flow was essential for the approval of this project. Attorney
Curran stated that it was the petitioner's understanding that the
`+ donation of 20 feet of right-of-way was made so that when the State of
Illinois, Illinois Department of Transportation, or the County decided to
make improvements along Route 31, the left-hand turn lane could be
�- constructed. It was never the intent of the petitioner to be responsible
for this construction. The petitioner did offer, if the left-hand turn
lane was crucial to the City, to enter into a sales tax agreement with
the City to help defray costs. Discussion followed.
Alderman Bates suggested the City share 50% of the left-hand turn
construction costs, up to $50,000 with the understanding that all the
petitioner's promotions be subject to Mayoral and staff approval. The
suggestion was amended to include Council approval. Further discussion
followed. City Attorney McArdle requested clarification regarding the
intent of the Council's review of the beach party promotion. It was
determined that after one year, the location of the beach party shall be
j determined by the City Council.
J� Mayor Cuda stated for additional clarification that all temporary
signage shall be removed if the proposed electronic message board is
` approved. Discussion followed regarding the hot air balloons. All
balloons shall be hot air, with the exception of the Halloween pumpkin,
and there shall be only one balloon allowed per promotion.
Alderman Bolger addressed the left-turn lane issue again. He felt it
�-' was the State of Illinois' responsibility and the City should exert every
effort to make them responsible for the construction. He felt a
left-hand turn lane was needed, however, and suggested a left-hand turn
lane be installed within 24 months of the Annexation Agreement signing,
'r with the City to provide 50% of the cost, not to exceed $50,000, either
by direct contribution or financial assistance from Federal, State and/or
County. Mayor Cuda requested that the City's contribution be limited to
the increased sales tax revenue from the petitioner, with the benchmark
year being 1994.
f
t" Motion by Bolger, seconded by Locke, to install a north-bound
left-hand turn lane from Route 31 into the Lang parcel within 24 months
of the signing of the Annexation Agreement, with 50% of the cost not to
exceed $50,000 either by direct City contribution limited to funds from
the increase in sales tax revenue, based on the 12 months preceding the
petitioner's occupancy at his new location, or financial assistance from
State, County, and/or federal agencies through grants.
Voting Aye: Bolger, Locke, Lawson, Baird, Bates, Cuda.
Voting Nay: None.
Absent: None.
Motion carried.
City Attorney McArdle noted there would be some additional language
modification reflecting the previously discussed promotional issues.
August 17, 1994 Page 3
Mayor Cuda asked if there were any comments from the audience. Rick 1.,J
Ni" Schultz, Chairman of the McHenry County Economic Development Commission,
noted his support as Chairman, as well as a local businessman, of Mr.
Lang's project. Kit Carstens, representing McHenry Corporate Center,
expressed their support of the Lang project, as well. There were no
further comments.
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Motion by Locke, seconded by Lawson, to close the public hearing on
the Second Amendment to the McHenry Corporate Center's Annexation
Agreement at 8:58 P.M. �.
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Voting Aye: Bolger, Locke, Bates, Lawson, Baird. j
Voting Nay: None. '11i
Absent: None. +k
Motion carried.
Motion by Locke, seconded by Baird, to authorize staff to prepare the ,+ 1+
Second Amendment Agreement in accordance with tonight's discussion, to be
approved at the August 31, 1994 Council meeting. Discussion followed,
noting that final approval of this agreement would be withheld until the
31st of August. ;I
�. Alderman Locke withdrew his motion, Baird withdrew his second. �p1
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Motion by Bolger, seconded by Baird, - to approve the Second Amendment iltl
to McHenry Corporate Center's Annexation Agreement, and to authorize the
Mayor and City Clerk to execute the Second Amendment to the Annexation "C !
Agreement, subject to City Attorney's approval.
Locke, Bates, Lawson Baird Cuda.
Voting Aye: Bolger, Loc , B t , , , If .
Voting Nay: None.
Absent: None. yi
Motion carried.
City Attorney McArdle explained that the Mayor and the Aldermen wouldAl
be mailed a coy of the Second Amendment Final draft and if there were
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no comments, the Mayor will execute the Agreement within a few days.
Motion by Lawson, seconded by Baird, to continue the Public Hearing
on the Third Amendment to the McHenry Corporate Center Annexation
Agreement to Wednesday, August 31, 1994, with no change to the agenda.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
+� Voting Nay: None.
Absent: None.
Motion carried.
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Mayor Cuda called for a recess at 9»07 P.M. The meeting reconvened i;1�11
at 9:23 P.M. with everyone still in attendance. l�
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CONSENT AGENDA I
Alderman Baird questioned the August 3, 1994 minutes. These jl
questions were answered to his satisfaction. �.
Motion by Locke, seconded by Lawson, to approve the Consent Agenda as
follows:
(1) July 20, 1994 Regular City Council Meeting Minutes;
(2) July 27, 1994 Regular City Council Meeting Minutes;
(3) August 3, 1994 Regular City Council Meeting Minutes;
(4) Block Party Request- Intersection of Chestnut and Birch Lane, Oaks of
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McHenry, Saturday, August 20, 1994;
(5) Picnic/Beer Permits; t
(6) Tuition Reimbursement Request - William Cunningham, dWW113, College
of Lake County, $132.00;
(7) Payment Request No. 2 to Hampton, Lenzini & Renwick for Green StreetI
Construction, $18,938.38;
(8) July Treasurer's Report;
(9) July Budget Report; I I
(10) July Bills, as follows:
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August 17, 1994 Page 4
GENERAL FUND
78129 VOID ---
78130 A A A Sewer Cleaning 2,999.00
78131 Ace Hardware 586.91
78132 Acme Brick and Supply Co. 458.00
�... 78133 Dan Adams Steel Service 353.84
78134 R.A. Adams Enterprises 107.41
78135 Advance Fixture Mart Inc. 229.39
78136 Aldridge Electric Inc. 415.55
78137 Alexander Battery Co. Inc. 72.04
78138 Althoff Industries 1,313.75
78139 Ameritech Credit Corporation 1,234.27
78140 Ameritech 835.45
78141 Anderson Tree Service Inc. 350.00
78142 Badger Uniforms 350.61
78143 Cheryl Ann Barone 578.70
78144 Baxter & Woodman Inc. 415.40
78145 Berthold Nursery 270.00
78146 Boncosky Oil Company 5,357.74
78147 Bone Safety Signs 914.00
78148 L.M. Brownsey Supply Company 102.90
78149 Bruce Municipal Equipment Inc. 265.42
78150 BSN Sports 45.50
78151 Burgess, Anderson & Tate Inc. 572.36
78152 Burns Industrial Supply Co. Inc. 34.83
78153 Buss Ford Sales 98.26
78154 Cellular One-Chicago 125.24
78155 Clarke Environmental Mosquito 2,214.00
78156 CLC Lubricants Co. 104.80
78157 Commonwealth Edison 6,896.86
78158 Communications Revolving Fund 425.00
78159 Commonwealth Edison 988.92
78160 Contracting & Material Company 2,969.00
78161 Crescent Electric Supply Company 59.87
78162 Crystal Lake Tire & Battery Inc. 202.24
78163 D&J Automotive Supply 14.23
78164 Decker Supply Co. Inc. 351.75
78165 Ed's Rental & Sales 187.50
78166 Extech Company 97.35
78167 FDC Corporation 200.52
78168 Federal Signal Corp. 73.39
78169 Fischer Bros. Const. Co. Inc. 500.00
78170 Foto Fast 13.24
78171 George P. Freund Inc. 948.37
78172 Arthur J. Gallagher & Co. 50.00
78173 The Glidden Company 677.10
78174 GSTN 1,339.58
78175 Harrison and Associates Inc. 3,000.00
78176 High PSI LTD 325.06
78177 Illinois Lawn Equipment Inc. 40.78
78178 Innovative Packaging Inc. 148.00
78179 Int'l Institute of Municipal Clerks 140.00
78180 Kar Products 197.44
78181 KTD Manufacturing 153.60
78182 Gary Lang Chevrolet Inc. 509.29
78183 Leach Enterprises Inc. 291.37
78184 LETN 388.00
78185 MCI Telecommunications 90.73
78186 McHenry Auto Body Co. Inc. 35.00
78187 McHenry County Recorder of Deeds 14.00
78188 McHenry Paint Glass & Wallpaper 10.95
78189 McHenry Specialties 14.50
78190 Meyer Material Company 600.50
78191 Moore Business Forms & Systems 1,932.74
78192 Nashua Express 479.45
78193 NIMC's On-The-Job Occupational Health Dept. 1,819.75
78194 Northeastern IL Planning Comm. 697.96
78195 Northern Computer Services Inc. 958.75
78196 North East Multi-Regional Training 100.00
78197 Northern Key & Lock 19.50
78198 Northwest Auto Electric 161.75
78199 Northwest Herald 766.72
78200 The Office Shoppe 19.00
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GENERAL FUND
78201 PageAmerica 56.10
3202 H.R. Parth Company 1,215.00
*,I8203 Matt Parrott and Sons Company 516.76 ,j
78204 Patten Industries Inc. 33.20
78205 Bob Pepping Concrete 300.00i'�
78206 Petersen Sand & Gravel 918.40
78207 Pioneer Truck Parts 87.99
78208 Pitney Bowes 575.20
78209 Precision Sharpening & Rep. Inc. 49.00 III
78210 Prentice Hall 37.09 I
78211 Radicom Inc. 495.00
78212 Radio Shack 61.33
78213 Reilly, Graham, McAndrews & Cunabaugh 5,600.00
78214 Rockford Industrial Welding Supply 123.70
78215 Safety Kleen Corp. 83.50 II
78216 Seyfarth, Shaw, Fairweather & Geraldson 4,384.00 J!"
78217 Sherman & Roach 6,000.00
78218 Sherman Plumbing & Heating Inc. 1,162.50 {
78219 Robert J. Fry D/B/A Signs By Fry 165.00
78220 Skokie Valley Asphalt 782.54
78221 Stan's Office Machines 116.60
78222 Stanton Equipment Company 49.25 kr
78223 Strictly Brick Paving 344.00
� 78224 Terminal Supply Co. 73.17
78225 Thompson Elevator Inspection Service 60.00
78226 Thornton's Turf Nursery 108.00
78227 Traffic Control & Protection Inc. 656.07
78228 United Laboratories 229.36
78229 Unitog Rental Services 178.15
78230 Vallen Safety Supply Company 25.47
78231 Visible Computer Supplies 155.73
78232 Wal-Mart Stores, Inc. 158.38
78233 Warning Lites of Illinois 855.25
78234 James Weber 100.00
78235 WordPerfect Corporation 102.82 11
78236 Zarnoth Brush Works Inc. 92.00. , " ►'�
78237 Zee Medical Service 52.10
WATER/SEWER FUND
-1, gll
11090 VOID ---
11091 Ace Hardware 490.52
11092 Dan Adams Steel Service 156.83
11093 Ameritech Credit Corporation 117.54 l
1094 Ameritech 483.76
_11095 Ameritech/Claims Dist HQ 2H 1,000.00
11096 Aqua Prep Inc. 4,350.00
11097 David J LaMontagne DBA Automatic Control Sery 60.00
11098 Baxter & Woodman Inc. 2,998.30
11099 Boncosky Oil Company 881.60 ;' •"'11�j
11100 Botts Welding & Truck Service Inc. 35.50
11101 Burgess, Anderson & Tate Inc. 126.08
11102 Burris Equipment Co. 230.70
11103 CBC-Environmental Laboratories 446.00 l
11104 Commonwealth Edison 1,026.43
11105 Crystal Lake Tire & Battery Inc. 204.36
11106 D'Angelo Natural Spring Water 41.65
11107 Ed's Rental & Sales 115.50
11108 Joseph D. Foreman & Co. 164.50
11109 George P. Freund Inc. 33.36
11110 Stephen R. Garrelts DBA Garrelts Plumbing 65.78
11111 W.W. Grainger Inc. 23.25 iJh
11112 GSTN ,
220.42
11113 Gunderson & Martin 116.90
11114 Don Hansen's Alignment 40.00
1115 Innovative Packaging Inc. 60.35 Ilia
`'11116 Gary Lang Chevrolet Inc. 36.19
11117 Leach Enterprises Inc. 156.81
11118 Main Paint & Decorating 73.37
11119 MCI Telecommunications 2.50
11120 McMaster-Carr Supply Co. 11.13 �1
11121 McHenry Analytical Water Laboratory 82.00
11122 McHenry County Well & Pump Co. 80.50 .;
11123 McHenry Electric Co. Inc. 654.45
11124 Meyer Material Company 1 216.15
11125 Midwest Meter Inc.
15.00
August 17, 1994 Page 6
WATER/SEWER FUND (cont'd)
11126 Mouser Electronics 17.02
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MIND , 11127 The Murdock Company Inc. 51.14
j 11128 NIMC's On-The-Job Occupational Health Dept. 55.00
11129 Northern Computer Services Inc. 325.00
11130 Northwest Auto Electric 35.00
11131 Paragon Supply Co. 70.69
r 11132 Pitney Bowes 143.80
11133 Rockford Industrial WeldingSupply PP Y 57.70
11134 Rowell Chemical Corporation 1,960.00
11135 Safety Kleen Corp. 88.25
11136 Sidener Supply Company 7,922.09
� 11137 Smith Ecological Systems Inc. 55.00
kl 11138 Thornton's Turf Nursery 102.60
11139 Unitog Rental Services 235.50
11140 Waster Mgmt. of McHenry County 92.00
11141 Water Services 250.00
11142 Water Products Company 1,580.87
11143 Wirf's Industries Inc. 4,000.00
11144 Woodland RDF 4,417.60
RECREATION PROGRAMS FUND
\ i 4522 VOID ---
`\ 4523 Ace Hardware 105.72
4524 American! ice. R ed s 61.60
4525 Ameritech CreditsCorporation 25.19
4526 Ameritech 56.10
4527 American Red Cross 61.60
Kj 4528 Broadcast Engineering 8.90
4529 BSN Sports 199.25
4530 Burgess, Anderson & Tate Inc. 5.88
! 4531 Chicago In-Line Hockey Leagues 892.50
4532 Commonwealth Edison 1,622.20
i 4533 Crystal Manor Stables Inc. 620.00
4534 John R. DeBoer Enterprises/RC Cola 550.00
4535 Eby Brown 2,327.79
4536 E1 Grande Products 154.00
I? 4537 Foto Fast 45.08
4538 Keith Francke 49.00
4539 Gold
05.60
? 4540 Great MLakes CFire g o Inc. 1& Safety Equipment 50.37
4541 Halogen Supply 371.33
4542 Joseph H. Huemann & Sons Inc. 8.72
\ 4543 William J. Kofler 209.00
4544 Rosemary Kondritz 339.25
4545 Leonardi's Food Specialties LTD 80.00
4546 Lincoln Equipment Inc. 301.73
4547 McHenry School District #15 436.37
0115 4548 McHenry Specialties 78.00
4549 Northwest Herald 39.69
4550 Mark E. Priscaro 266.00
4551 Dave Small 133.00
4552 Henry St. Clair 57.00
4553 Target Screen Printing 4,260.00
4554 Wal-Mart Stores, Inc. 131.20
4 0, 4555 Wilson Racquet Sports USA 55.00
4556 Patrick F. Wirtz 266.00
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
j. Voting Nay: None.
Absent: None.
Motion carried.
ORDINANCE ESTABLISHING ADDITIONAL STOP SIGNS AT NORTHBOUND/SOUTHBOUND
MEADOW AND WILLOW LANES
Motion by Baird, seconded by Locke, to pass an ordinance as
i presented, creating additional stop signs at the intersection of Willow
Lane and Meadow Lane.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
!. � Voting Nay: None.
j Absent: None.
W Motion carried.
August 170 1994 Page 7
MAYOR — STATEMENT AND REPORTS
Mayor Cuda deferred his reports until Executive Session.
COMMITTEE REPORTS
Alderman Locke, Chairman of the Finance Committee, noted that there
had been a Finance Committee meeting on August 3, 1994. The submitted
minutes did not reflect some additional statements that Alderman Bates
wished to be read into the record. Therefore, these corrections need to
be made and the corrected minutes will be presented at the next Council
meeting on August 31, 1994.
Alderman Bates, Chairman of the Parks and Recreation Committee,
reported that the next Parks and Recreation Committee meeting has been
changed from August 23, 1994 to Wednesday, August 24, 1994 at 7:00 P.M.
He presented the planned agenda. Alderman Locke suggested inviting
Debbie Harr, Executive Director of the Chamber, or a Chamber
representative to the meeting to assist in coordinating fireworks efforts
for 1995.
STAFF REPORTS
No staff reports were presented.
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NEW BUSINESS
Alderman Locke requested the Public Works Department look into the
Kensington and Crystal Lake Road shoulder repair. It appears
be
hazardous, and needs attention. A street light located at o the
intersection of Greenbrier and Crystal Lake Road is burned out and needs
to be repaired. Alderman Locke also complimented the Public Works
Department on the great job they did with the Waters Edge street repair,
and their prompt response to problems. Alderman Locke concluded his
report with a request to Director of Building and Zoning Lobaito to
contact him regarding the White Oak Ridge subdivision.
Alderman Baird reported that he had received a stop sign request for
Broadway Avenue in McHenry Shores, which he will be addressing at the
next Public Works Committee meeting. Alderman Baird requested
clarification regarding the status of hiring a City Planner for the
Pacini project. The August 3rd minutes will reflect the Council's
decision not to consider Robert Grossman for the position. Alderman
Baird also requested further information regarding Mr. Werth's request to
build a helipad in front of his McHenry Shores property on the Fox
River. He stated his opposition to this request, and desired
clarification on how the Council would proceed to deny this usage. City
Attorney McArdle stated that as the Governor's consent had been granted,
the City needed to pass a resolution annexing the river. It was
determined that the resolution be drafted and placed on the August 31,
1994 agenda.
Alderman Bates asked if a date had been set for a September Public
Works Committee meeting addressing streets and sidewalk repair. Alderman
Bolger, Chairman of the Public Works Committee, reported a September date
would be forthcoming.
Alderman Baird confirmed a Building and Zoning Committee meeting on
Monday, August 22, 1994 at 7:30 P.M.
Alderman Bates noted that the proposed Whispering Oaks learning
center garden would be addressed at the Parks and Recreation Committee's
next meeting.
EXECUTIVE SESSION
Motion by Locke, seconded by Bolger, to go into Executive Session at
9:40 P.M. to discuss Property Acquisition.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
Voting Nay: None.
Absent: None.
Motion carried.
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August 17, 1994
f�; Motion by Locke, seconded by Lawson, to go
back into Open Session at
! � 10:03 P.M.
GIVE
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
a� i•
Voting Nay: None.
C Absent: None.
Motion carried.
ADJO HU=
e� 4 Motion by Bates, seconded by Lawson, to adjourn the meeting.
Voting Aye: Bolger, Locke, Bates, Lawson, Baird.
e�
`7 Voting Nay: None.
Absent: None.
Motion carried.
The meeting adjourned at 10:04 P.M.
ram,;
MAYOR
CIT CLERK
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