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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI February 22. 2000
531809
i REGULAR SESSION— FEBRUARY 22, 2000
Council convened in regular session on Tuesday, February 22, 2000, at 7:30 p.m. with Mayor
Albert M. Spradling III presiding and Council Members Richard Eggimann, Melvin Gateley, Tom
Neumeyer, and Jay Purcell present. Melvin Kasten and Frank Stoffregen were absent.
The invocation was presented by Rev. Bill Burke, First Church of the Nazarene, and the Pledge of
Allegiance was recited.
The minutes of January 31, 2000, closed session, the February 7, 2000, regular and closed
sessions, and the February 14, 2000, special session were approved upon Mr. Gateley's motion,
Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
The agenda was adopted as distributed upon Mr. Neumeyer's motion, Mr. Purcell's second, and
the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none.
This being the date set for a public hearing regarding the proposed 2000-2005 Capital
Improvements Program for the City of Cape Girardeau, the hearing was opened. Ms. Laverne
Stiver appeared in support of completing the Ranchito area sewer/stormwater project. There
being no further appearances, the hearing was closed.
This being the date set for a public hearing regarding the necessity to improve that part of
Southern Expressway from South Kingshighway to Silver Springs Road, the hearing was opened.
There being no appearances, the hearing was closed.
This being the date set for a public hearing to consider the request of Charter Communications
Holding Company, LLC for a modification to its existing Cable Communications Franchise
Agreement by the adoption of an Amended and Restated Cape Girardeau Cable Communications
Franchise Agreement, the hearing was opened. Mr. James Bogart, Vice President of Government
Relations for Charter Communications, appeared in support of the request and to answer any
questions. There being no further appearances, the hearing was closed.
BILL NO. 2000-37 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDED
AND RESTATED CAPE GIRARDEAU CABLE COMMUNICATIONS FRANCHISE
AGREEMENT WITH CHARTER COMMUNICATIONS HOLDING COMPANY, LLC
The first reading of BILL NO. 2000-37 was approved upo❑ Mr. Eggimann's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
Mr. Buz Sutherland, Director of the Small Business Development Center, appeared and thanked
the City for its previous investments to the center. The money has partly been used for the
reference library and business resource center to assist new business persons. Mr. Neumeyer
made a motion, seconded by Mr. Gateley, to approve an investment in the Small Business
Development Center for 2000 in the amount of $6,000 . The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none.
382
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI February 22, 2000
S31809
Mr. Jim Maginel of the Community Pride Coalition appeared regarding the City's Minimum
Property Maintenance Code. He distributed photographs of various properties throughout the city
that are a nuisance and need to be addressed. He requested that the Code be amended to allow '
anyone in the city to file a complaint against a property containing nuisances. To show support for
this request, all those individuals present who supported this request stood up before the Council.
Ms. Peggy Winchester of the 200 block of Good Hope presented pictures of a nuisance next door
to her property. She stated that landlords need to be held responsible for the conditions of their
property as a result of neglect by the tenants. Landlords are aware of the deadlines for cleaning
up property under the nuisance law, and once a property is reported, it should not have to
repeatedly go through the time periods for cleaning up the property.
Regarding the Minimum Property Maintenance Code, Mr. Gateley made a motion, seconded by
Mr. Neumeyer, that the draft ordinance on the agenda for discussion be placed on the March 6
agenda for first reading. Mr. Eggimann stated that this proposed amendment may not solve the
problems, and the entire code may need to be reexamined. The motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none.
The Council wished Dr. Kasten a quick recovery from his recent illnesses. Due to requirements
of the City Charter, Mr. Eggimann made a motion, seconded by Mr. Purcell, to excuse the
absences of Dr. Kasten from the City Council due to his illness. The motion was approved upon
the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none.
BILL NO. 2000-19 was given second and third readings as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A GENERAL
WARRANTY DEED FOR DISPOSAL OF AN UNECONOMICAL REMNANT PURSUANT TO A
PROPERTY ACQUISITION AGREEMENT FOR THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
The second and third readings of BILL NO. 2000-19 were as approved and the ordinance adopted
upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Neumeyer, Purcell. Nays, none. Spradling abstained for financial reasons. BILL NO.
2000-l9 is ORDINANCE NO. 2662.
The following bills were given second and third readings:
B[LL NO. 2000-20 AN ORDINANCE VACATING THE CITY'S INTEREST [N AN
� ALLEY BY WASHINGTON SCHOOL PROPERTY, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-30 AN ORDINANCE VACATING THE CITY'S INTEREST W AN
� ALLEY BY MAY GREENE SCHOOL PROPERTY, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
I BILL NO. 2000-21 AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO
SOUTHEAST MISSOURI STONE COMPANY, FOR PURPOSES OF
MAINTAIN[NG AND OPERATING A MANUFACTURED OFFICE
UNIT AT 1224 SOUTH KINGSHIGHWAY, IN THE CITY AND
! COUNTY OF CAPE GIRARDEAU, MISSOURI
383
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOII February 22, 2000
531809
BiLL NO. 2000-22 �AN ORDWANCE REAFFIRMING THE ACTION OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDINC FOR THE MANNER OF PAYMENT OF THE
WORK, OF NEW MADRID STREET FROM PERRY AVENUE TO
HENDERSON AVENUE, FOR A DISTANCE OF APPROXIMATELY
3,000 LINEAR FEET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 2000-23 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY
COUNCTL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDWG FOR THE MANNER OF PAYMENT OF THE
WORK, OF MT. AUBURN ROAD FROM MISSOURI ROUTE 74 TO
BLOOMF[ELD ROAD, FOR A DISTANCE OF APPROXIMATELY
1,380 LINEAR FEET, IN THE CITY OF CAPE G[RARDEAU,
MISSOURI
BILL NO. 2000-24 AN ORDINANCE REAFFIRMING THE ACTION OF THE CITY
COUNCIL DECLARING IT NECESSARY TO IMPROVE,
PROVIDING FOR THE IMPROVEMENT, DIRECTING THE CITY
MANAGER TO ENTER INTO A CONTRACT TO DO THE WORK,
AND PROVIDING FOR THE MANNER OF PAYMENT OF THE
WORK, OF MT. AUBURN ROAD FROM MISSOURI ROUTE 74 TO
SILVER SPRINCS ROAD, FOR A DISTANCE OF
APPROXIMATELY 3,600 LINEAR FEET, [N THE CITY OF CAPE
GIRARDEAU, MISSOURI
BILL NO. 2000-25 AN ORD[NANCE AUTHORIZING THE ISSUANCE OF A SPECIAL
TAX B[LL FOR THE DEMOL[TION OF A DANGEROUS BUILDING
UNDER THE PROVISIONS OF CHAPTER 7 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU
BILL NO. 2000-27 AN ORDINANCE APPROVING THE RECORD PLAT OF
McDONALD SECOND ADDITION
The second and third readings of BILL NOs. 2000-20, 2000-30, 2000-21, 2000-22, 2000-23,
2000-24, 2000-25, and 2000-27 were approved and the ordinances adopted upon Mr. Gateley's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Purcell, Spradling. Nays, none. BILL NO. 2000-20 is ORDINANCE NO. 2663; BILL NO.
2000-30 is ORDINANCE NO. 2664; BILL NO. 2000-21 is ORDINANCE NO. 2665; BILL NO.
2000-22 is ORDINANCE NO. 2666; BILL NO. 2000-23 is ORDINANCE NO. 2667; BILL NO.
2000-24 is ORD[NANCE NO. 2668; BILL NO. 2000-25 is ORDINANCE NO. 2669; BILL NO.
2000-27 is ORDINANCE NO. 2670.
BILL NO. 2000-34 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER ll OF THE CITY CODE RELATWG TO
F[REWORKS
384
Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular SE?SSIOCI February 22, 2000
531809
Mr. Gateley made a motion, seconded by Mr. Purcell, to approve the first reading of BILL NO.
2000-34. Mr. Eggimann made a motion, seconded by Mr. Gateley, to amend the ordinance by
deleting the prohibition of screamers within the city limits. The amending motion was approved
upon the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none. j '
The original motion was approved as amended upon the following vote: Ayes, Eggimann,
Gateley, Neumeyer, Purcell, Spradling. Nays, none.
BILL NO. 2000-35 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE,
ESTABLISHING A HANDICAPPED PARKING SPACE ON SOUTH MIDDLE STREET, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-35 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-36 was given first reading as follows:
AN ORDWANCE AUTHOR[ZING THE MAYOR TO S[GN A GENERAL WARRANTY
DEED CONVEYING LAND TO JIM AND KAREN HENDR(CKSON AS PART OF THE
HOPPER ROAD PHASE I PROJECT
The first reading of BILL NO. 2000-36 was approved upon Mr. Gateley's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-39 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF LANDSPEC SUBDNIS[ON
REVISED
The first reading of Bf LL NO. 2000-39 was approved upon Mr. Gateley's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays,
none.
B[LL NO. 2000-40 was given first reading as follows:
i
i AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 OF THE CITY CODE,
� ESTABLISHING SPEED L[MITS ON CAPE ROCK DRIVE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
IThe first reading of BILL NO. 2000-40 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-42 was given first reading as follows:
,'s
385
Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular SGSSIOtI February 22, 2000
S31809
AN ORDINANCE DECLAR[NG IT NECESSARY TO IMPROVE THAT PART OF RODNEY
STREET FROM THE IVATIONAL GUARD ARMORY TO HAWTHORNE ROAD, FOR A
DISTANCE OF APPROXIMATELY 1,600 FEET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of B[LL NO. 2000-42 was approved upon Mr. Eggimann's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-43 was given first reading as follows:
AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF WILL[AM
STREET FROM SPRIGG STREET EASTERLY TO MAIN STREET, FOR A DISTANCE OF
APPROXIMATELY 2,420 FEET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-43 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-44 was given first reading as follows:
AN ORD[NANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF
INDEPENDENCE STREET FROM PACIFIC STREET TO SPRIGG STREET, FOR A
DISTANCE OF APPROXIMATELY 940 FEET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 2000-44 was approved upon Mr. Gateley's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays,
none.
BILL NO. 2000-45 was given first reading as follows:
AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE THAT PART OF
LORIM(ER STREET FROM MORGAN OAK STREET TO NEW ROUTE 74, FOR A
DISTANCE OF APPROXIMATELY 930 FEET, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL IVO. 2000-45 was approved upon Mr. Neumeyer's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
} BILL NO. 2000-46 was given first reading as follows:
AN ORDINANCE AMENDWG THE BOUNDARIES OF WARDS 4 AND 6 TO WCLUDE
PROPERTIES AIVNEXED BY THE CITY
The first reading of BILL NO. 2000-46 was approved upon Mr. Purcell's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-47 was presented by Mayor Spradling and given first reading as follows:
386
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI Febr�ary 22, Zonn
S31809
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE, REGARD[NG
PARKING ON PUBLIC LANDS
f
The first reading of BILL NO. 2000-47 was approved upon Mr. Neumeyer's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
BILL NO. 2000-38 was presented as follows:
A RESOLUTION AUTHORIZING THE C[TY MANAGER TO EXECUTE AN AGREEMENT
WITH THE VIETNAM VETERANS MEMORIAL FUND, INC. FOR THE OFFICIAL
TRAVELING WALL MEMORIAL
The reading of BILL NO. 2000-38 was approved and the resolution adopted upon Mr. Gateley's
motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer,
Purcell, Spradling. Nays, none. BILL NO. 2000-38 is RESOLUTION NO. 1546.
B[LL NO. 2000-41 was presented as follows:
A RESOLUTION AUTHORIZ[NG THE CITY MANAGER TO EXECUTE A LICENSE AND
WDEMNITY AGREEMENT WITH THE ROMAN CATHOLIC DIOCESE OF SPRINGFiELD-
CAPE GIRARDEAU ON BEHALF OF ST. VINCENT DE PAUL PARISH TO PLACE
CONCRETE STEPS AND SIDEWALK ON CLARK STREET RIGHT-OF-WAY
The reading of BILL NO. 2000-41 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley,
Neumeyer, Purcell, Spradling. Nays, none. BILL NO. 2000-41 is RESOLUTION NO. 1547.
Mr. Dan Rau, Ms. Susan Hekmat, and Mr. Mark Lanzotti were appointed to the Cable Television
Advisory Committee for terms expiring February 20, 2003, upon Mr. Purcell's motion, Mr.
Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Neumeyer, Purcell,
Spradling. Nays, none.
Mr. Tom Doyle was appointed to the Golf Course Advisory Board for a term expiring November
12, 2000, upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes,
Eggimann, Gateley, Neumeyer, Purcell, Spradling. Nays, none.
Mr. Will Browne was appointed to the Board of Adjustment for a term expiring March 6, 2005,
upon Mr. Eggimann's motion, Mr. Pt►rcell's second, and the following vote: Ayes, Eggimann,
Gateley, Neumeyer, Purcell, Spradling. Nays, none.
There being no further business, the Council adjourned upon Mr. Gateley's motion, Mr.
, Neumeyer's second, and the following vote: A , Eggimann, Gateley, Neumeyer, Purcell,
� Spradling. Nays, none.
A. . Spradling III, Mayor
L
Gayle L. onrad, City Clerk