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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SesSion July 21 19 97
523787
� REGULAR SESSION -JiJLY 21, 1997
Council convened in regular session on Monday, July 21, 1997, at 7:30 p.m. with Mayor AI 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. Bill Burke of the First Church of the Nazarene, and the Pledge
of Allegiance was recited.
The Council convened in executive session prior to the regular session for the purpose of discussing
litigation and property acquisition upon Mr. Neumeyer's motion, Mr. Eggimann's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
The minutes of the July 7, 1997, regular and executive sessions, and July I I, 1997, special session
were approved upon Dr. Kasten's motion, Mr. Williamson's second, and the following vote: Ayes,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
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The agenda was adopted as distributed upon Mr. Neumeyer's motion, Dr. Kasten's second, and the "
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
Mr. Gene Rhodes appeared and requested the city supply water for the new Notre Dame High School
on Route K. He suggested the following: (I) The contractor for the school install the water line and
then be reimbursed by the city; (2) the city drill a well in the area to supply the school with water; or
(3) the subdivision west of the new school has a well that will supply the area, and the city could
connect to this well. The school is needing water within the next 90 days.
Mr. Gateley made a motion, seconded by Mr. Eggimann, that city staff ineet with a group from Notre
Dame High School within the next ten days to attempt to reach an agreement to move this project
forward. City Manager Michael Miller stated that information on the cost and the city's policy for
extending water lines was sent to Mr. Rhodes. The cost of the project is approximately $600,000.
The city will provide equipment equal to approximately one-third of the cost; however, the city does
not have the fiinds to put in the water lines. Following discussion, the motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson.
Nays, none.
Mr. Jim Drury appeared and stated that there are approximately 375 lots near the proposed Notre
Dame High School that are ready for development, and water is needed. A water district is not good
for the long term of the city, and the connections will offset the construction costs.
Mr. Hillary Schmitze, Chairman of the Notre Dame building committee, stated they will cooperate
in any way to get water to this site.
Ms. Sarah Webb appeared and requested Capaha Swimming Pool be made handicap accessible. She
stated a ramp is needed fl•om the changing area to the main swimming pool. Mayor Spradling
responded the staff will look into this matter.
The following bills were given second and third readings:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 21 i 9 97
S23787
BILL NO. 97-127 AN ORDINANCE AMENDING CHAPTER 16 OF THE CITY CODE
RELATING TO MUMCIPAL COURT COSTS
BILL NO. 97-128 AN ORDINANCE REPEALING A PORT[ON OF CHAPTER 2 OF THE
C1TY CODE RELATING TO THE TRANSIT DIVISION
BILL NO. 97-131 AN ORDINANCE AMENDING CHAPTER 30 OF THE CITY CODE
RELATING TO MANUFACTURED (MOBILE) AND MODULAR
UNfTS
BILL NO. 97-132 AN ORDINANCE AMENDING CHAPTER 25 AND CHAPTER 30 OF
THE CITY CODE RELATING TO SUBDIVISION REGULATIONS
BILL NO. 97-134 AN ORDINANCE ACCEPTING A TEMPORARY SPOIL DISPOSAL
EASEMENT FROM CLAUDE M. FOESTE AND DOROTHY R.
FOESTE, AND FOESTE Nl1RSERY, INC. FOR THE CAPE LA CROIX
� CREEK/WALKER BRANCH FLOOD CONTROL PROJECT
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� BILL NO. 97-147 AN ORDINANCE APPROPRIATING FUNDS FOR CONTINGENCY,
I PUBLIC WORKS, GENERAL CAPITAL [MPROVEMENT, STREET
I IMPROVEMENT, COMMUMTY DEVELOPMENT BLOCK GRANT
AND INTERDEPARTMENTAL, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The second and third readings of BI LL NOs. 97-I 27, 97-I 28, 97-I 3 I, 97-I 32, 97-I;i4, and 97-147
were approved and the ordinances adopted 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. 97-127 is ORDINANCE NO. 2196; BILL NO. 97-128 is ORDINANCE NO.
' 2197; BILL NO. 97-131 is ORDINANCE NO. 2198; BILL NO. 97-132 is ORDINANCE NO. 2199;
BILL NO. 97-134 is ORDINANCE NO. 2200; BILL NO. 97-147 is ORDINANCE NO. 2201.
BILL NO. 97-IS3 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT EASEMENT FROM UNION ELECTRIC
COMPANY FOR SEWER MAINTENANCE AT THE LA CROIX SUBSTATION SITE
The first reading of BILL NO. 97-IS3 was approved 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. 97-156 was given first reading as follows:
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AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE MT.
AUBURN ROAD EXTENSION PROJECT
The fi�st reading of BILL NO. 97-156 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. 97-157 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 21 �9 97
523787
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF DIXIE
BOULEVARD, JASMINE LANE, MAGNOLIA AVENUE AND DELWIN STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHOR(ZING THE ISSUANCE OF
SPECIAL TAX BILLS THEREFOR
The first reading of BILL NO. 97-157 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.
Final payment to J. W. Strack Company for improvements to Dixie Boulevard, Jasmine Lane,
Magnolia Avenue and Delwin Street were approved upon Dr. Kasten's motion, Mr. Gateley's second,
and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling,
Williamson. Nays, none.
The improvement plans for sanitary sewers, storm sewers and streets for Forest Hills Estates were
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. 97-159 was given first reading as follows:
AN ORDINANCE ACCEPTING QUIT CLA[M DEEDS AND STORM DRAINAGE EASEMENTS
FROM CHARLES F. BLATTNER TRUSTEE, JOYCE E. BLATTNER, TRUSTEE, JERRY E.
ERLBACHER AND MARTHA B. ERLBACHER TRUSTEES, AND CHARLES F. BLATTNER,
III AND TRACY D. BLATTNER; AND ACCEPTING A STORM DRAINAGE EASEMENT
FROM R[VER EAGLE DISTRIBUTING, INC., IN B & E SUBDIVISION
The first reading of BILL NO. 97-IS9 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.
The detention basins to serve B & E Subdivision were accepted into the city's system 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. 97-160 was given first, second and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS ESTATES 2ND
ADDITION AMENDED
The first, second and third readings of BILL NO. 97-160 were approved and the ordinance adopted
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. 97-160 is
ORDINANCE NO. 2202.
BILL NO. 97-158 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A SPECIAL WARRANTY '
DEED TRANSFERRING PROPERTY ALONG NORTH SPRIGG STREET TO HOLIGAN
FAMILY INVESTMENTS, INC. i
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SesSion July 21 19 97
523787
The first reading of BILL NO. 97-158 was approved upon Mr. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeye►•, Rickard, Spradling,
Williamson. Nays, none.
BILL NO. 97-164 was given first, second and third readings as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF HARRIS KFC SUBDIVISION NO. I
The first, second and third readings of BILL NO. 97-164 were approved and the ordinance 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. 97-164 is
ORDINANCE NO. 2203.
BILL NO. 97-152 was presented as follows:
A RESOLUTION ACKNOWLEDCING RECEIPT OF AN ANNEXATION PETITION AND
SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION
The reading of BILL NO. 97-152 was approved and the resolution 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. 97-152 is RESOLUTION NO. 128.5.
BILL NO. 97-162 was presented as follows: ,
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH DRURY SOUTHWEST, INC., FOR CONSTRUCTION OF THE RAMSEY BRANCH
TRUNK SEWER, PHASE I
The reading of BILL NO. 97-162 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. 97-162 is RESOLUTfON NO.
I 286.
BILL NO. 97-161 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN APPLICATION
FOR DEPARTMENT OF DEFENSE EQUIPMENT, WITH THE MISSOURI DEPARTMENT OF
PUBL[C SAFETY
The reading of BILL NO. 97-161 was approved and the resolution adopted 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. 97-161 is RESOLUTION NO.
I 287.
BILL NO. 97-163 was presented as follows:
A RESOLUTION DECLARING IT NECESSARY TO MAKE CERTAIN SEWER
IMPROVEMENTS IN TWIN LAKES SUBDIVISION
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 21 19 97
S23787
The reading of BILL NO. 97-163 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. 97-163 is RESOLUTION NO. 1288. I
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Mr. Danny Stitz was appointed to the Board of Examiners for a term expiring January 1, 2000, upon �
Mr. Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Rev. Steven MacDougall was appointed to the Cable Television Advisory Committee for a term
expiring February 20, 1998, upon Mr. Williamson's motion, Mr. Gateley'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 allow Roy Halbert to continue to serve
on the Board of Appeals until a successor is appointed. The motion was approved upon the following
vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Dr. Kasten made a motion, seconded by Mr. Williamson to adopt the Annexation Policy for the City
of Cape Girardeau. Mr. Gateley made a motion, seconded by Mr. Eggimann, to amend the policy
by adding the following statement to paragraph 8(B): "Any developer who has water/sewer agreements
entered into by the City under the existing policies will remain in effect unchanged by policies adopted
after the agreements are entered into by the city." 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,
Eggimann, Gateley, Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
The improvement plans for Beaver Creek Estates Subdivision were accepted upon Dr. Kasten's
motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Rickard, Spradling, Williamson. Nays, none.
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The improvements to Runway 10/28, Taxiway A and the terminal apron at the Cape Girardeau
Regional Airport were accepted, and final payment to PR Developers, Inc. was authorized upon Mr.
Williamson's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Rickard, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Eggimann, to set a public hearing on the request of
Larry W. McCulley and Betty L. McCulley to rezone Victorian Estates Subdivision from R-I, single
family residential district, to R-2, single family residential district. The molion was approved upon
lhc lollowing votc: Aycs, Eggimann,Gatcicy. Kastcn,Ncumcycr, Rickard, S��r�dling,Williamson. Nays,
nonc.
Thc prcliminary pl�l of Bcavcr Crcck Eslalcs ���as npprovcd upon Mr. Williamson�s molion, Mr. f
Galcicy�s sccond, and thc lollo�ving votc: Aycs, E��IIllc111t1, Gatcic}�, Kastcn, Ncumcycr, Rickard, �
Spradling, Williamson. Nays, nonc.
. Thc improvcma�ts to thc railroad bridgc at Good Hopc and Fountain Strccts, including dcmolition of
thc cxisling railroad bridgc, was acccplcd, and [inal paymcnt to Nip Kcllcy Equipmcnl Co., Inc. was
authorircd upon Mr. Ncumcycr's molion, Mr. Galcicy's sccond, and lhc following volc: Aycs,
Eggimann, Gatcicy, Kaslcn, Ncumcycr, Rickard, Spradling, Williamson. Nays, nonc.
BILL N0. 97-I GS w�s prescntcd as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSsiOn July 21 19 97
523787
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM
OF AGREEMENT WITH SOUTHEAST MISSOURI STATE UNIVERSITY FOR REPAIR OF
NORMAL AVENUE FROM PACtFIC STREET WEST TO HENDERSON AVENUE
Thc rcading of BILL NO. 97-IGS was approvcd upon Mr. Gatcicy's motion, Mr. Williamson�s sccond,
and lhc following votc: Aycs, Eggimann, Galcicy, Kaslcn,Ncumcvcr, Rickard, Spradling. Williamson.
Navs, nonc. BILL NO. 97-I G5 is RESOLUTION NO. 12R9.
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BILL N0. 97-ISS was givcn firsl rcading as follow�s:
AN ORDINANCE ESTABL(SHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO.
8-M, A SUBDIVISION OF MAJOR DISTRICT NO. 8, APPROVING THE PLANS AND
AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF SANITARY LATERAL SEWERS
(N LATERAL SEWER DISTRICT NO. 8-M, UNDER A PRIVATE CONTRACT SUBJECT TO
� CERTAIN PROVISIONS, (N THE CITY OF CAPE GIRARDEAU, MISSOURI
I Thc lirsl rcading of BILL NO. 97-15i was approvcd upon Mr. Ncumc�-cr�s motion. Dr. Kastcn's sccond,
and thc following votc: Aycs, Eggimann, Gatcic��. Kaslcn. Ncumcycr, Rickard. Spradling, Williamson.
Nays, nonc.
There being no further business, the Council adjourned upon Mr. Williamson's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Rickard,
Spradling, Williamson. Nays, none.
A. . Spradling 111, Mayor
���� ��k' E
Gayle . Conrad, Deputy City Cle►•k
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