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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 1 1 g 97
REGULAR SESSION- DECEMBER 1, 1997
Council convened in regular session on Monday, December 1, 1997, at 7:30 p.m. with Mayor Albert
M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin
i Kasten, Tom Neumeyer, and J.J. Williamson present.
The invocation was presented by Melvin Gateley, and Boy Scout Troop 2 of Grace United Methodist
Church led the Pledge of Allegiance.
The minutes of the November 17, 1997, regular session were approved upon Dr. Kasten's motion,
Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, IVeumeyer,
Spradling, Williamson. Nays, none.
The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Gateley's second, and the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
Police Chief Richard Hetzel recognized the graduates of the first Citizens Police Academy, and Mayor
Spradling presented each with a certificate.
� This being the date set for a public hearing regarding the request of G. Keith Deimund to rezone Lots �
5 and 6, Lynwood Hills Estates Subdivision from R-1, single family residential district, to R-4,
multiple family residential district, and Lots 7, 8, and 9, Lynwood Hills Estates Subdivision and two !
tracts fronting Cape La Croix Road (Route W), from R-1 single family residential district, to C-1,
local commercial district, the hearing was opened. Mr. Keith Deimund appeared ►n support of the
request and to answer any questions. There being no further appearances, the hearing was closed.
BILL 1V0. 97-290 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 ZONING OF PARTS OF
LYNWOOD HILLS ESTATES SECOND AMENDED SUBDIVISION, FROM R-1 TO R-4 AND
C-I, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
.
The first reading of BILL NO. 97-290 was approved upon Mr. Eggimann's motiorr; Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
Mayor Spradling requested that anyone wishing to speak before the City Council please limit their
comments to five minutes or less.
This being the date set for a public he�ring regarding the request of Cape Girardeau School District
_ No. 63 for a special use permit for construction of a new vocational school on an 80-acre tract along
South Silver Springs Road in an R-1, single family residential district, the hearing was opened. Dan
Tallent, Superintendent of Schools, appeared and requested the Council consider approving the special
use permit without the requirement for the green space on the east side of the property. Upon
questioning by Mayor Spradling, City Attorney Eric Cunningham explained that a green space can
only be enforced in an M or C zone as outlined in City Code. There being no further appearances,
the hearing was closed.
BILL NO. 97-291 was given first reading as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session December 1 _ ___ 1 g _97
AN ORDWANCE GRANTWG A SPECIAL IJSE PERMIT TO CAPE GIRARDEAU SCHOOL
DISTWCT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING
A NEW VOCATIONAL SCHOOL ON AN 80-ACRE TRACT ALONG SILVER SPRINGS ROAD,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURf �
t
Mr. Gateley made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO.
97-291. Mr. Gateley made a motion, seconded by Mr. Eggimann, to amend the special use permit
by eliminating the requirement for a green space. The amending motion was approved upon the
following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
The original motion was approved as amended upon the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the request of Cape Girardeau School District
No. 63 for a special use permit for construction of a new elementary school at 1829 North Sprigg
Street in an R-1, s►ngle family residential district, the hearing was opened. There being no
appearances, the hearing was closed.
BILL NO. 97-292 was given first reading as follows: �
AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL
DISTRICT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING
� A NEW ELEMENTARY SCHOOL AT 1829 NORTH SPRIGG STREET, IN THE CITY AND �
COUNTY OF CAPE GIRARDEAU, MISSOURI J
The first reading of BILL NO. 97-292 was approved upon Mr. Williamson's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
This being the date set for a public hearing regarding the request of the Lutheran Home for the Aged
� for a special use permit for o�ces for Lutheran Home Health at 2855 Bloomfield Road in an R-I,
� single family residential district, the hearing was opened. Ms. Janice Unger appeared on behalf of
the Lutheran Home in support of the request. She stated she contacted all the neighbors and did not
receive any opposition. There being no further appearances, the hearing was closed.
BILL NO. 97-293 was given first, second and third readings as follows:
AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO THE LUTHERAN HOME FOR
THE AGED, FOR PURPOSES OF MAINTAINING AND OPERATING AN OFFICE FOR � :
LUTHERAN HOME HEALTH AT 2855 BLOOMFIELD ROAD, IN THE CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
, The first, second and third readings of BILL NO. 97-293 were approved and the ordinance adopted
upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann,
Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none. B[LL NO. 97-293 is
ORDINANCE NO. 2285.
This being the date set for a public hearing regarding the request of the City of Cape Girardeau for
� a special use permit for an indoor and outdoor firearms range for the Cape Girardeau Police
I Departrnent at 2000 Third Street in an M-2 heavy industrial district, the hearing was opened. Officers
�! David Sanders and Bob McCoy appeared in support of the request. Upon questioning by Mr. Gateley,
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_ Regular Session December 1_ 1 g 97
Officer Sanders explained that the facility will be used to qualify officers for shooting. He reviewed
the location of the proposed ranges and the types of handguns to be used.
Mr. Dennis Dobson appeared regarding the safety of the employees at Lone Star Industries. He i
reviewed the plans and expressed concerns with the possibility that bullets could stray onto Lone Star
property.
Mr. Bill Hinkley, Plant Manager at Biokyowa, requested that a decision on this special use permit be �
delayed until a study is completed on the projectories and bullet range beyond the shooting range area.
Officers McCoy and Sanders answered questions from the Council regarding projectory, velocity,
elevation, size of the berm, and types of weapons to be used. Officer Sanders explained that there
will be a range officer in charge who will control the shooting. Most shooting will take place at seven
yards with a maximum of 15 yards. There being no further appearances, the hearing was closed.
BILL NO. 97-294 was iven first readin as follow • (
g g s.
AN ORD[NANCE GRANTING A SPECIAL USE PERMIT TO CITY OF CAPE GIRARDEAU,
MISSOURI, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN
� INDOOR AND OUTDOOR FIREARMS RANGE AT 2000 THIRD STREET, IN THE CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Eggimann made a motion, seconded by Mr. Williamson, to approve the first reading of BILL �
NO. 97-294. Mr. Gateley made an amending motion, seconded by Mr. Neumeyer, to table approval
of BILL NO. 97-294 to allow the staff to meet with the concerned parties. The amending motion
failed upon the following vote: Ayes, Gateley, Neumeyer. Nays, Eggimann, Kasten, Spradling,
Williamson. The original motion was approved upon the following vote: Ayes, Eggimann, Cateley,
� Kasten, Neumeyer, Spradling, Williamson. Nays, none.
This being the date set for a public hearing regarding the reyuest of Cape Girardeau School District
No. 63 for a special use permit for construction of an addition to Jefferson Elementary School at 520
South Minnesota Avenue in an R-2, single family residential district, the hearing was opened. There
being no appearances, the hearing was closed.
BILL NO. 97-295 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU SCHOOL
DISTRICT NO. 63, FOR PURPOSES OF CONSTRUCTING, MAINTAWING AND OPERAT[NG
AN ADDITION TO JEFFERSON ELEMENTARY SCHOOL AT 520 SOUTH MINNESOTA, IN
THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 97-295 was approved upon Mr. Gateley's motion, Mr. Eggimann's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
Mayor Spradling called for a public hearing regarding the request of Gibson Recovery Center, Inc. `
to rezone 1112 Linden Street from R-4, multiple family residential district, to C-I, local commercial
district, and for a special use permit for a 16 to 20 bed correctional residential facility for the State
of Missouri in a wing of the present facility.
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Regular SeSSion December 1 _ 1 g _97
Mr, Jeff Hine, attorney for the Gibson Recovery Center, requested that the public hearing, the
rezoning request and the special use permit request be tabled for four weeks to allow the Center to
present facts on the issue to the neighbors. In addition, there are two Council members that may be
serving on an advisory board for the Center and the question has been raised whether there is a
conflict of interest.
I Mr. Williamson made a motion, seconded by Mr. Gateley, to table the public hearing on the Gibson
Center special use permit and rezoning request to the January 5, 1998, City Council meeting. The
motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
The first reading BILL NO. 97-296 was tabled to the January 5, 1998, City Council meeting upon Mr.
Eggimann's motion, Mr. Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-296 reads as follows:
i AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY
OF CAPE GIRARDEAU, MISSOIJRI, BY CHANGING THE ZONING OF 1112 LINDEN, CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-1
The first reading of BILL NO. 97-297 was tabled to the January 5, 1998, City Council meeting upon
Mr. Williamson's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-297 reads as follows:
AN ORDINANCE GRANTING A SPEC[AL USE PERMIT TO GIBSON RECOVERY CENTER,
INC., FOR PURPOSES OF MAINTAINING AND OPERAT[NG A 16 TO 20 BED
CORRECTIONAL RESIDENTIAL FACILITY IN AN EXIST[NG FACILITY AT 1 I 12 LINDEN
STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
This being the date set for a public hearing regarding the request of Bo and Dianne Shantz for a
special use permit for construction of an insurance office on a tract at the northeast corner of
Perryville Road and Lexington Avenue in an R-1, single family residential district, the hearing was
opened. Mr. Steve Correll, 1576 Lexington, appeared in opposition to the request. He questioned
what would prevent someone else from establishing a business in a home on Lexington Avenue.
Mr, Bo Shantz appeared and presented facts and drawings of the house along with pictures. He will
also be requesting a business sign in the future. The driveway for the business would run from
Perryville Road near the Wink's store and exit onto Lexington Avenue. He stated there are presently
four other spec►al use permits on I.exington which generate more traffic than his business wilL If the
special use permit is not approved for this lot, the next best use would be for rental houses. Mr.
Gateley expressed concerns with the driveway, the business sign and the handicap accessibility to the
office.
Mr. Steve Wilson appeared on behalf of Bill Schott and others who have signed a petition opposing
this special use permit. Mr. Wilson stated that when Lexington was developed, the Council promised
to keep this area residential. Although the business will be built as a house, it must be handicap
accessible which is not required for a home, and will set it off from other homes. This business will
devalue the property around it.
Mr. David Goncher appeared in opposition to the special use permit stating the Council is voting on
a precedent and not just one commercial building.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session D�ember 1 �9 97
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Mr. Jerry Washo appeared in opposition to Mr. Shantz's request. This area has always been
residential, and the increased traffic does not connote commercial development.
Mr. John Essner appeared in opposition to the request stating the log home will not fit in with the
neighborhood.
Mr. Leon Westrich, 2022 Perryville Road, appeared in opposition to the special use permit request.
Mrs. Verny Schott appeared in opposition to the request.
Ms. Diane Shantz appeared and explained that they are trying to make the home fit in with the decor
of the neighborhood. They would consider another type of construction if it would make a difference
to the neighbors. There being no further appearances, the hearing was closed.
BILL NO. 97-298 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BO SHANTZ AND DIANNE �
SHANTZ, FOR PURPOSES OF CONSTRUCTING, MAINTAINWG AND OPERATING AN
INSURANCE OFFICE AT THE NORTHEAST CORNER OF PERRYVILLE ROAD AND
LEXINGTON AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Williamson made a motion, seconded by Mr. Gateley, to approve the first reading of BILL NO.
97-298. Mayor Spradling expressed concerns with a commercial business in a residential area. Other
special use and rezoning requests have been denied along Lexington Avenue. A special use permit
in an R-1 zone appears to be an attempt at spot zoning, although this is a gray area. Following
discussion, the motion failed upon the following vote: Ayes, none. Nays, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson.
Representative Mary Kasten gave a presentation regarding the Community Caring Council and the
services it offers to families in the community. Elly Knight, Edith Davis, Paul Schniedermeyer,
Shirley Ramsey and Nancy Jernigan presented information on the various programs offered by the
Council. Rep. Kasten also introduced Kathy LeFay, Steve Williams and Nancy Skelton who have also
worked with the Council. This program is a model throughout the State of Missouri.
Mr. Howard Kinder appeared in support of the preliminary plat for Golden Eagle Subdivision.
'The preliminary plat of Golden Eagle Subdivision was approved upon Mr. Eggimann's motion, Mr.
Williamson's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
Mr. Eggimann stated that recently there was a water leak on Anna Street that was difficult to locate.
The City repaired the line and is continuing to replace the 2" water lines in the older parts of the city.
� Regarding the city's request for a special use permit for a firearms range, Mr. Gateley requested the
Police Department meet with Lone Star and Biokyowa to further review this matter.
The following bills were given second and third readings:
BILL NO. 97-278 AN ORDINANCE AMENDING CHAPTER 17 OF THE CITY CODE
RELATING TO WEAPONS
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SesSion December 1 19 97
523787
BILL NO. 97-279 AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE
RELATING TO MOTOR VEHICLE INSURANCE REQUIREMENTS
BILL NO. 97-284 AN ORD[NANCE APPROPRIATING FUNDS FOR INTERNAL FLEET
SERVICES AND GENERAL FUND TRANSFER, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
BILL NO. 97-285 AN ORDINANCE CALLING AN ELECTION IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER ARTICLE
VII, SECTION 7.01(a), OF THE CITY CHARTER OF CAPE
GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING CITY
ELECTIONS; DESIGNATING THE TiME OF HOLDING THE
ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK
TO GIVE NOTICE OF THE ELECT[ON
BILL NO. 97-286 AN ORDINANCE CALLING AN ELECTION W THE CITY OF CAPE
i GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER ARTICLE
VII, SECTION 7.03(b), OF THE CITY CHARTER OF CAPE
GIRARDEAU, MISSOURI, SHALL BE AMENDED REGARDING
� NOMINATIONS BY PETITION; DESIGNATING THE TIME OF
HOLDING THE ELECTION; AUTHORIZING AND D[RECTING THE
CITY CLERK TO GIVE NOTICE OF THE ELECTION
BILL NO. 97-288 AN ORDINANCE APPROVING THE RECORD PLAT OF
SWEETBRIAR TOWNHOUSES PLAT 2 SUBDIVISION
The second and third readings of BILL NOs. 97-278, 97-279, 97-284, 97-285, 97-286, and 97-288
were approved and the ordinances adopted upon Mr. Gateley's motion, Mr. Neumeyer's second, and
the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays,
none. BILL NO. 97-278 is ORDINANCE NO. 2286; BILL NO. 97-279 is ORDINANCE NO. 2287;
BILL NO. 97-284 is ORDINANCE NO. 2288; BILL NO. 97-285 is ORDINANCE NO. 2289; BILL
NO. 97-286 is ORDINANCE NO. 2290; B[LL NO. 97-288 is ORDWANCE NO. 2291.
IBILL NO. 97-280 was given first reading as follows:
i
AN ORDINANCE AMENDING CHAPTER 26 OF THE CITY CODE RELATING TO
REIMBURSEMENT OF COSTS OF ARREST
� I The first reading of BILL NO. 97-280 was approved upon Mr. Neumeyer's motion, Mr. Williamson's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
INays, none.
BILL NO. 97-299 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE K OF SECTION 26-121 OF THE CITY CODE, BY
I PLACING A YIELD SIGN ON INDUSTRIAL DRIVE AT ENTERPRISE STREET, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI
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The first reading of BILL 1V0. 97-299 was approved upon Mr. Eggimann's motion, Mr. Gateley's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, None.
BILL NO. 97-289 was presented as follows:
I
A RESOLUTION AUTHORIZWG THE CITY MANAGER TO EXECUTE AN APPLICATION
AND OTHER RELATED DOCUMENTS, TO PRUDENTIAL HEALTH CARE, FOR GROUP
DENTAL INSURANCE COVERAGE
The reading of BILL NO. 97-289 was approved and the resolution adopted upon Mr. Gateley's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten,
Neumeyer, Spradling, Williamson. Nays, none. BILL NO. 97-289 is RESOLUTION NO. 1328.
Mr. Melvin Gateley and Mr. Richard Eggimann were appointed to the Cape Girardeau Area Industrial
Recruitment Association for terms expiring December 31, 1998, upon Mr. Williamson's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling,
Williamson. Nays, none.
Mr. Charles C. Leming was appointed to the Show Me Center Board of Managers for a term expiring
December 1, 2000, upon Mr. Williamson's motion, Mr. Eggimann's second, and the following vote:
Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson. Nays, none.
An original package 5% beer license was conditionally approved for Super D Drugs #7, 2281
Broadway, Harold J. Werner, Jr., Managing Officer, upon Mr. Neumeyer's motion, Dr. Kasten's
second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Spradling, Williamson.
Nays, none.
A retail liquor by the drink and Sunday sales license was conditionally approved for Amalia N.
Demopoulos, d/b/a Rocking L, 2021 Independence, Amalia N. Demopoulos, Managing Officer, upon
Dr. Kasten's motion, Mr Williamson's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, Spradling, Williamson. Nays, none.
Mr. Gateley made a motion, seconded by Mr. Neumeyer to change the dates of the City Council
meetings in 1998 as follows:
Monday, January 19, M.L. King Jr. Day, changed to Tuesday, January 20
Monday, February 16, President's Day, changed to Tuesday, February 17
Monday, September 7, Labor Day, changed to Tuesday, September 8
The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer,
Spradling, Williamson. Nays, none.
An out-of-district sewer connection was granted to Michael Smith at 2755 Lynwood Hills Drive upon
Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley,
Kasten, Neumeyer, 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, Spradling,
Williamson. Nays, none.
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A. M. Spradling III, Mayor
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Gayle . Conrad, Deputy City Clerk
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