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HomeMy WebLinkAboutCouncil.Minutes.06-01-1998 Proceedings of the City Council, City of Cape Girardeau, Mo. 13 Regular Session June 1 �g _98 523787 � REGULAR SESSION —JtTNE 1, 1998 Council convened in regular session on Monday, June 1, 1998, at 7:30 p.m. with Mayor Albert M. Spradling, III presiding and Council Members Richard Eggimann, Melvin Gateley, Melvin Kasten, Tom Neumeyer, Jay Purcell and Frank Stoffregen present. I i The invocation was presented by Melvin Gateley, and the Pledge of Allegiance was recited. Prior to regular session, the City Council convened in executive session for the purpose of discussing personnel and property acquisition upon Dr. Kasten's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The minutes of the May 18, 1998, regular and executive sessions were approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The agenda was adopted as distributed upon Dr. Kasten's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, �i Stoffregen. Nays, none. I� This being the date set for a public hearing regarding the request of Mitch Shelby and Jeff Overbeck for a special use permit for seven self-storage units at 920 Perry Avenue in a C-1, local commercial district, the hearing was opened. Mr. Mitch Shelby appeared in support of the request and distributed pictures and drawings of the storage buildings. Mr. Jeff Overbeck appeared and explained that the rear setback of the building from the retaining wall will be 8.33 feet. The exterior will be maintenance free with standard garage doors, and there will not be a sign. Ms. Rosemary Gottlieb, 1631 New Madrid, appeared in opposition to the request. She stated that the neighbors are concerned with traffic congestion, noise, the items stored in the buildings, depreciation in property value, and the stability of the retaining wall. The neighbors are not opposed to commercial use of the property but are opposed to the industrial look of storage sheds. She requested the Council vote no on the matter, conduct a traffic survey, and complete a safety inspection of the wall. � Ms. Judy LaGrand, 1631 New Madrid, appeared in opposition to the request and expressed concerns with the hours of operation and the noise. i Mr. George Craig appeared in opposition to the request. He stated the buildings will increase traffic in the area and will give an industrial appearance to the neighborhood. Upon questioning by City Council members, Mr. Overbeck gave a brief description of the buildings and reviewed the height of the retaining wall. There being no further appearances, the hearing was closed. BILL NO. 98-102 was given first reading as follows: � Proceedings of the City Council, City of Cape Girardeau, Mo. i4 _ __Regular __ Session June 1 1 g _98 S23787 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MITCH SHELBY AND JEFF OVERBECK FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING SEVEN SELF-STORAGE UNITS AT 920 PERRY AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI. Mr. Stoffregen made a motion to approve the first reading of BILL NO. 98-102. The motion failed for lack of a second. This being the date set for a public hearing regarding the annual operating budget for the fiscal year 1998-1999, the hearing was opened. Mr. Jay Hunze appeared and expressed concerns with the capital improvement projects and the transportation trust fund projects in the proposed budget. He reviewed various projects and figures on pages 298 and 136 and pointed out several figures that he felt were in error. In addition, he reviewed the revenue figures. He questioned the quality of the proposed budget and urged the Council to not approve the budget as presented. There being no further appearances, the hearing was closed. Mr. Don Howard appeared regarding loud music, parties and profanity that is occurring in his neighborhood at all hours of the night and expressed concerns with the police response time. Sides Recycling Center on Giboney Street has tall weeds and junk throughout their property. Individuals are playing basketball at all hours of the night at Maye Green School, and the building is being broken into. Mr. Glen Reynolds also appeared regarding loud music, parties and individuals carrying open alcohol containers in his neighborhood. Complaints have been made to the Police Department, and a petition has been submitted regarding the trash and noise. The owner of the house causing the noise has been contacted, but nothing has been done about the renters. Police Officers have come by the area, but the noise continues after they leave. Mr. Purcell expressed concerns with Police presence at the Riverfest. He stated that the city needs to maintain the same level of police officers as in the past, and he requested a report on the number of the violations at Riverfest over the last several years. Mr. Eggimann agreed that � the police presence should not be cut back on any major function. BILL NO. 98-99 was given second and third readings as follows: AN ORDINANCE ESTABLISHING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14-1-F-10, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-F + � Mr. Gateley made a motion, seconded by Dr. Kasten to approve the second and third readings �� of BILL NO. 98-99 and adopt the ordinance. Upon questioning by Mr. Gateley, City Manager ` Michael Miller reported that the city has asked the property owner on Perryville Road for proof that the septic tank has been pumped. The owner did not show proof; therefore, the city issued him a notice to vacate the premises. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-99 is ORDINANCE NO. 2370. BILL NO. 98-104 was given first reading as follows: � Proceedings of the City Council, City of Cape Girardeau, Mo. is Regular Session June 1 1 g _98 523787 I AN ORDINANCE AMENDING SECTION 29-302 OF THE CITY CODE RELATING TO WATER RATES i The first reading of BILL NO. 98-104 was approved upon Mr. Neumeyer's motion, Dr. Kasten's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. i I BILL NO. 98-105 was given first reading as follows: i AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO SOLID WASTE FEES � � The first reading of BILL NO. 98-105 was approved upon Dr. Kasten's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mr. Eggimann requested city staff provide specific information on both the water and solid waste rates before the next Council meeting. � i BILL NO. 98-106 was given first reading as follows: AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR FISCAL ! YEAR BEGINNING JULY 1, 1998 The first reading of BILL NO. 98-106 was approved upon Dr. Kasten's motion, Mr. 0 Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. BILL NO. 98-103 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH APEX PAVING COMPANY FOR THE 98-1 STREET OVERLAY PROGRAM The reading of BILL NO. 98-103 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, � Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, None. BILL NO. 98-103 � is RESOLUTION NO. 1372. I I i Donna Maguire, Cynthia Hall, and William Rader were appointed to the Public Library Board for terms expiring June 30, 2001, and Carrie Cline was appointed for a term expiring June 30, 1999, upon Mr. Gateley's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Ralph Maxton was appointed to the Board of Appeals for a term expiring June 4, 2003, upon Mr. Gateley's motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, � Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. 16 ____ Regular _ Session June 1 1 g _98_ 523787 A temporary 5% beer by the drink license for Cape Girardeau Riverfest Association for an event to be held in downtown Cape Girardeau on June 12-13, 1998, Jerra S. Hutson, Managing Officer, was approved upon Mr. Eggimann's motion, Dr. Kasten's second, and the following I vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, � none. � A temporary 5% beer by the drink license for Cape Girardeau Aircraft Owners and Pilots Club for an event to be held at the Cape Girardeau Airport on July 10-12, 1998, Gail M. Halbert, Managing Officer, was approved upon Dr. Kasten's motion, Mr. Stoffregen's second, and the �� following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. Mr. Eggimann made a motion, seconded by Dr. Kasten to approve the liquor licenses listed below. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. 3.2% Non-Intoxicating Beer By The Drink Hamlin, Barry d/b/a Cape Pizza No. 2 Inc., 1703 Broadway, Barry Hamlin, Managing Officer R&V Enterprises, Inc., d/b/a Pagliai's Pizza and Pasta, 1129 Broadway, Ronald F. Bohnert, Managing Officer. I S% Beer By The Drink Midwest Energy, Inc., d/b/a Ye Ole House, 120 Broadway, Laura Younghouse, Managing Officer Salamy Twins, Inc., d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad P. Salamy, Managing Officer Original 5% Package Beer Gates Dwight R. d/b/a Dwight's Amoco, 2148 William, Dwight. Gates, Managing Officer Original Package Liquor and Sunday Sales Keen, Michael, d/b/a Fast Break Convenience Store, 1320 W. Cape Rock Drive, Michael Keen, Managing Officer. Sam's East, Inc./John O. Woodall, III, d/b/a Sam's Club #6479, 232 Shirley, John O. Woodall, III, Managing Officer. Retail Liquor By The Drink � Kazzee, Louis, d/b/a Pockets, 2021 Independence, N. Louise Kazzee, Managing Officer Retail Liquor By the Drink and Sunday Sales James, Darryl, d/b/a West Park Bowling Lanes, 354 Silver Springs Road, Darryl James, � Managing Officer Rhodes, Edwin E., d/b/a VFW Post 3838, 1049 N. Kingshighway, Edwin E. Rhodes, ! Managing Officer I Ruby Tuesday, Inc., d/b/a Ruby Tuesday, 3069 William, Kenin Patrick O'Connell, Managing Officer Stoffel, William D., d/b/a Fraternal Order of Eagles Aerie 3775, William D. Stoffel, Managing Officer Wholesalers of Malt Liquor Not In Excess of S% Thilenius Distributing Co., d/b/a River Eagle Distributing Co., 2346 Rust Ave., Gene H. Patterson, Managing Officer Bluff City Beer Co., 450 Siemers Drive, Joda Lee Bess, Managing Officer I Proceedings of the City Council, City of Cape Girardeau, Mo. 1� Regular Session June 1 1 g 98 523787 Dr. Kasten made a motion, seconded by Mr. Purcell, to conditionally approve the liquor licenses listed below. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � S% Beer By The Drink Chan's Restaurant, Inc. d/b/a Chan's Restaurant, 1159 N. Kingshighway, Chan Po Chun, �� Managing Officer � 3.2% Non-Intoxicating Beer By The Drink Hamlin, Barry R., d/b/a Cape Pizza, Inc., 215 S. Kingshighway, Barry R. Hamlin, Managing Officer � Original Package Liquor and Sunday Sales , Drury Petroleum, Inc., d/b/a Amoco, 3276 William, Bradley L. Smith, Managing Officer � FFP Operating Partners, L.P., d/b/a Kwik Pantry #334, 1401 Independence, Bonnie i Lucille Tennis, Managing Officer FFP Operating Partners, L.P., d/b/a Kwik Pantry #335, 1700 Broadway, Bonnie Lucille Tennis, Managing Officer I i Partney, Larry James, d/b/a Cape Coastal Mart #1, Cooper Oil Co., 2012 William, Larry i James Partney, Managing Officer � Partney, Larry James, d/b/a Cape Coastal Mart #2, Cooper Oil Co., 1455 N. E � Kingshighway, Larry James Partney, Managing Officer Retail Liquor By The Drink Allen, Patricia A., d/b/a Celebrations, 615 Bellevue, Patricia A. Allen, Managing Officer Brown, Jaynne, d/b/a Ed's Bar, 519 Goodhope, Jaynne Brown, Managing Officer � Night Clubs, Inc., d/b/a Regina's House of Dolls, 805 Enterprise, Michael Sisson, Managing Off'icer Sander, Tommy L., d/b/a Sand Box Lounge, 1611 Independence, Tommy L. Sander, � Managing Officer Taylor, Dean G., d/b/a The Brothers Lounge, Inc., 2023 Independence, Dean G. Taylor, Managing Officer Retail Liquor By The Drink and Sunday Sales Cain, Dennis R.H./Doc Cain, Inc., d/b/a Port Cape Girardeau Restaurant, 19 N. Water, Dennis R.H. Cain, Managing Officer Capashco, Inc., d/b/a The Pasta House Co., 155 West Park Mall, Edward N. Goergen, Managing Officer Cape Elks Lodge #639, 639 Elks Lane, Ray Drury, Managing Officer Drury Lodge, Inc., d/b/a Drury Lodge, 3624 William, Larry D. Welker, Managing Officer El Torero, Inc., d/b/a El Torero Mexican Restaurant, 2120 William, Delia Trejo, Managing Officer GMRI, Inc., d/b/a Red Lobster#707, 3269 William, Roger Bresnahan, Managing Officer Midamerica Hotels Corp., d/b/a Holiday Inn Complex, I-55 & Rt. K, Daniel Marion Drury, Managing Officer Wal-Mart Stores East, Inc., d/b/a Wal-Mart Supercenter #188, 3439 William, Charles L. Bezoni, Managing Officer The plans for the construction of the Notre Dame sewer extension were approved contingent upon payment of the estimated inspection fees upon Mr. Purcell's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. C I �E Proceedings of the City Council, City of Cape Girardeau, Mo. is ____ Regular Session June 1 1 g _98___ 523787 The improvements to the signalized concrete railroad crossing, EDA Grant Project No. 95-19- 61204 were accepted, and the first and final payment of $75,000 to The Burlington Northern and Santa Fe Railway Company was authorized contingent upon the completion of the concrete crossing upon Dr. Kasten's motion, Mr. Neumeyer' second, and the following vote: Ayes, � Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. The request of Mark Carbaugh, Pastor of Christian Faith Fellowship and Eagle Ridge School, for an out-of-district sewer connection at 4250 State Highway K was approved contingent upon i receipt of the required annexation petition upon Mr. Eggimann's motion, Mr. Gateley's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Spradling, Stoffregen. Nays, none. � The request of Joe Ford, Ford's Custom Bikes and Auto Services, for an out-of-district sewer connection at 2109 Boulder Crest Drive, in Sewer district 14-1-C-2, was approved upon Mr. Gateley's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, Spradling. � 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, iPurcell, Spradling, Stoffregen. Nays, none. � , A. M. Spradling I, Mayor �'G ���(;t�� Gayle k�Conrad, Deputy City Clerk i �f i