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Home My WebLink AboutCouncil.Minutes.05-15-2000 Proceedings of the City Council, City of Cape Girardeau, Mo. 441 Re�ular S@SSIOt1 May 15, 2000 531809 REGULAR SESSION— MAY 15, 2000 Council convened in regular session on Monday, May I5, 2000, at 7:30 p.m. with Mayor Pro Tempore Richard Eggimann presiding and Council Members, Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. Mayor Albert M. Spradling III was absent. The invocation was presented by Rev. Ron Watts, LaCroix United Methodist Church, and the Pledge of Allegiance was led by Boy Scout Troop 5 sponsored by the VFW. Prior to the regular session, the City Council convened in closed session for the purpose of discussing litigation and personnel upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The minutes of the May l, 2000, regular session were approved upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the filing of an application for funding from the Missouri Highway and Transportation Department pursuant to Section 5311 of Title 49, United States Code, to assist in funding and operating the city's taxi coupon public transit program, the hearing was opened. There being no appearances, the hearing was closed. Mr. John Saffa of Divine Towers appeared in support of Bill No. 2000-I IS regarding a special use permit for a cellular communication tower. Mr. AI Lowes appeared on behalf of Jerry Lipps and Clayton Shirrell regarding a request for rezoning at 2355 Locust Street that was denied by the Planning and Zoning Commission. He stated that if the Council would approve the rezoning, Mr. Lipps will construct a concrete plant and will pave Locust Street from Kingshighway to the proposed location of the planf per city specifications. Mr. Lowes indicated that he thought the applicants had applied for a special use permit, and they would be willing to have a condition placed on the rezoning that they will move the plant if there is too much dust. Upon questioning by Mr. Purcell, Mr. Shirrell stated that the issue of paving the street was not presented to the Planning and Zoning Commission, but an architectural drawing of the plant was presented. City Manager Michael Miller asked Mr. Lowes if he was requesting a public hearing on the matter, and he indicated he was. Mr. Neumeyer made a motion, seconded by Mr. Purcell, to set a public hearing on the rezoning request at 2355 Locust Street. The motion was approved upon the following vote: Ayes, Eggimann, Gateley, Kasten, Neumeyer, Purcell, Stoffregen. Nays, none. Mr. Carry Johnson appeared and questioned when he should make his comments regarding the proposed rezoning since the public hearing was set for June 5. Mayor Pro Tem Eggimann replied the comments should be presented at the public hearing. Mr. Fred Elias of Elias Family Center appeared and explained that a special use permit for an ACE Hardware store was approved at the Planning and Zoning Commission meeting on Wednesday, May 10. The property was purchased in 1998, and they received information from a non-city source indicating that the property was zoned G2. However, only one-half of the property was zoned cor•rectly. He questioned whether there was some way to speed up the process 442 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn May 15, 2000 S31809 to get the matter approved by the Council. Mr. Eggimann replied that the matter was discussed in study session, and the requirements for an emergency reading are not met. The item will be on the June 5 agenda for first reading. The following bills were given second and third readings: B(LL NO. 2000-107 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 801 GOOD HOPE STREET, CITY AND COUNTY OF C'APE GIRARDEAU, MISSOURI FROM R-4 AND G I TO R-4 BILL NO. 2000-108 AN ORDINANCE CRANTING A SPECIAL USE PERMIT TO PHILLIPS DEVELOPMENT CORPORATION AND CHERRY WOOD HEfGHTS ONE LIMITED PARTNERSHIP, FOR PURPOSES OF CONSTRUCTING, MAINTAININC AND OPERATING A COMMUNITY UNI'� PLAN FOR APARTMENTS AT 801 GOOD HOPE STREET, IN THE C1TY AND C'OUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-109 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE 400 BLOCK OF OLIVE STREET, SOUTH SIDE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-2 TO R-4 BILL NO. 2000-I 10 AN ORDINANCE AIVIENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF THE NORTHWEST CORNER OF ELM STREET AND BEALIDEAN LANE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FL�OM R-2 TO R-4 BILL NO. 2000-I I I AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO LONNIE MOSS AND SHIRLEY MOSS, FOR PURPOSES OF CONSTRUCTINC, MAINTAINING AND OPERATING AN AUTOMOTIVE REPAfR AND RETAIL SALES BUSINESS AT I55 SOUTH PARK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-I 12 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SEMO UNIVERSITY FOUNDATION AND CAPE GIRARUEAU COUNTY, FOR PURPOSES OF CONSTRUCTING, MAfNTAtNING AND OPERATING A JUVENILE JUSTICE CENTER ON A TRACT SOUTH OF GERHARDT STREET IN FOUNTAIN PARK, IN THE �, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI � ( Proceedings of the City Council, City of Cape Girardeau, Mo. 443 Re�ular S@SSIOCI Ma.y 15, 2000 S31809 BILL NO. 2000-I 13 AN ORDINANCE CRANTING A SPECIAL USE PERMIT TO KEITH DEfMUND TRUST AND LYNWOOD BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MA(NTAINING AND OPERATING A PUBLIC INFORMATION SIGN ON THE SOt1THWEST CORNER OF CAPE LaCROIX ROAD AND LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAtI, MISSOIJRI BILL NO. 2000-I 14 AN ORDINANCE GRANTING A SPECfAL USE PERMIT TO NEW HORIZON MISSIONARY BAPTIST CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A CHILDREN'S DAY CARE CENTER AT 800 SOUTH SPRIGC STREET, IN THE CITY AND COUNTY OF CAPE CIRARDEAU, MISSOU RI BILL NO. 2000-I IS AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT A. DRURY AND TELECORP REALTY, L.L.C., FOR PURPOSES OF MAINTAINING AND OPERATINC A 195-FOOT CELLULAR COMMUNICATION TOWER AND EQUIPMENT PAD, IN THE 300 BLOCK OF SILVER SPRINGS ROAD, IN THE CITY AND COUNTY OF CAPE GIRARDEAII, MISSOURI BILL NO. 2000-I 16 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MICHAEL A. SMITH AND BONNfE C. SMITH AND SUMMIT ENTERPRISES, LLC, FOR PURPOSES OF CONSTRUCT[NG, MAINTAINING AND OPERATING COMMUNITY UNIT PLANS FOR APARTMENTS, [N THE 2700 BLOCK OF LYNWOOD HILLS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2000-I 17 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED, PERMANENT DRAINAGE EASEMENTS, AND TEMPORARY CONSTRUCTION EASEMENTS FROM ST. FRANCIS HOSPITAL OF FRANCISCAN SISTERS AND A TEMPORARY CONSTRUCTION EASEMENT FROM CHARLES L. HIRSCH AND MARTHA JANE HIRSCH FOR THE EXTENSION OF SILVER SPRtNGS ROAD NORTH OF WILLIAM STREET TO ITS EXISTING TERMINATION POINT SOUTH OF INDEPENDENCE STREET BILL NO. 2000-I 19 AN ORDINANCE AMENDING CHAPTER 15 OF THE CITY CODE BY EXTEIVDING THE ONE-HALF OF OIVE PERCENT TRANSPORTATION SALES TAX AND REESTABLISHING THE CITY TRANSPORTATION TRUST FUND, AND CALLING AN ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION WHETHER TO APPROVE THE SALES TAX EXTENSfON; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION 444 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular SQSSIOtI May 15, 2000 S31809 The second and third readings of BILL NOs. 2000-107, 2000-108, 2000-109, 2000-I10, 2000- III, 2000-1129 2000-113, 2000-114, 2000-IIS, 2000-116, 2000-117, and 2000-119 were approved and the ordinances adopted upon Mr, Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-107 is ORDINANCE NO. 2724; BILL, NO. 2000-108 is ORDINANCE NO. 2725; BILL NO. 2000-109 is ORDINANCE NO. 2726; BILL NO. 2000-I10 is ORDINANCE NO. 2727; B(LL NO. 2000-I11 is ORDINAN�'E NO, 2728; BILL NO. 2000-112 is ORDINANCE NO. 2729; BILL NO. 2000-I 13 is ORDINANCE NO. 2730; BILL NO. 2000-I l4 is ORDINANCE NO. 2731; BILL NO. 2000-I IS is ORDINANCE NO. 2732; BILL NO. 2000- I 16 �s ORDINANCE NO. 273:i; BILL NO. 2000-I 17 ss ORDINANCE NO. 2734; BILL NO. 200(�-1 19 is ORDINANCE NO. 2735. B[LL NO, 2000-125 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACINC A STOP SIGN ON MT. AUBURN ROAD AT BLOOMFIELD ROAD, IN THE CITY OF' CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 2000-125 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Whitea Nays, none, BILL NO. 2000-126 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF DKR 7T" SUBDIVISION The first reading of BILL NO. 2000-126 �vas approved upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote� Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Whiteo Nays, none. BILL NO. 2000-124 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPUC'/�TION WITH THE MISSOLIRI HICHWAY AND TRANSPORTATION DEPARTMENT FOR F11NDS TO AID IN THE FINANCINC OF A PUBLIC TRANSPORTATION SYSTEM The reading of BILL NO. 2000-124 was approved and the resolution adopted upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-124 is RESOLUTION NO. 1569. BILL NO. 2000-127 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION ACREEMENT FOR A SECOND DEED OF TRUST FOR PROPERTY OWNED BY CHARLES A. PATTERSON AND COSTELL/� E. PATTERSON AT 907 NORTH M(DDLE STREET AND S 14 OLIVE STREET The reading of BILL NO. 2000-127 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2000-127 is RESOLUTION NO. 1570. 44S Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOCI Mav 15, 2000 s3�eo9 Mr. David Pfeiffer was appointed to the Board of Appeals for a term expiring .lune 4, 200,5, and Mr. Paul Grebe was appointed for a term expiring June 4, 2002, upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. I Mr. Neumeyer made a motion, seconded by Mr, Purcell, to approve the following liquor license renewals. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. 3.2% Non-Intoxicating BPPr by th�Drink R&V Enterprises, Inc. d/b/a Pagliai's Pizza & Pasta, I 129 Broadway, Ronald F. Bohnert, Managing Officer R�tai!Li�uor by thP Drink Sander Tommy d/b/a Sandbox Lounge, 1611 Independence, Tommy Sander, Managing Officer R�tadl Li�uor hy tir.P Dri��k and Sunday Sal�s Harris Don d/b/a Show-Me's, 1751 Independence, Donald E. Harris, Managing Officer Kidd, Forrest d/b/a Kidds, Inc., 1325 Broadway, Forrest Kidd, Managing Officer Originczl Package Liquor and Sunday SalPs C&R Oil LLC d/b/a D-Mart#6, 263 Farrar, Bradley L. Smith, Managing Officer Bi-State Oil Co. d/b/a Bi-State Southern Too, 920 N Kingshighway, Robert Blank, Managing Officer Mr, Purcell made a motion, seconded by Mr. Neumeyer, to conditionally approve the following liquor license renewals. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. ChangP in Managing O�cPr, 3.2% Non-Intoxicating Beer by the Drink Severs, Dwayne d/b/a Cape Pizza Inc., 215 S. Kingshighway, and Cape Pizza No. 2 Inc., 1703 Broadway, Dwayne Severs, Managing Officer Wholesalers of/ntoxicating Liquor-Ald Kinds Major Brands Inc. d/b/a Major Brands - Cape, 839 S. Kingshighway, Robert Epsten, Managing Officer Or►gina.l Package Liquor and Sunday Sales Pajco Inc d/b/a Rhodes 101 Stop, 449 S. Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc d/b/a Rhodes 101 Stop, l0 S. West End Blvd., Paul Dirnberger, Managing Officer Pajco Inc d/b/a Rhodes 101 Stop, 1008 N Kingshighway, Paul Dirnberger, Managing Off'icer Pajco Inc d/b/a Rhodes 101 Stop, 1036 N. Sprigg, Paul Dirnberger, Managing Officer Pajco Inc d/b/a Rhodes 101 Stop, 1610 N Kingshighway, Paul Dirnberger, Managing Officer Pajco Inc. d/b/a Rhodes 101 Stop, 407 Morgan Oak , Paul Dirnberger, Managing O�cer Food Giant of Cape Girardeau d/b/a Food Giant #73, I 120 N. Kingshighway, Ronnie J. Watkins, Managing Officer. Bi-State Oil Co d/b/a Bi-State/Southern Oil, 400 Morgan Oak, Robert Blank, Managing Officer Drury Petroleum Corp. d/b/a Amoco, 3276 William, Bradley L. Smith, Managing Officer Midwest Energy Inc. d/b/a Amerimart #5, 865 N Kingshighway, Laura Younghouse, Managing Officer Midwest Energy Inc. d/b/a Amerimart #7, 1320 W. Cape Rock, Laura Younghouse, Managing Officer DSW Development Corp. d/b/a Shell-Cape, 3415 William, Bradley Smith, Managing Officer 446 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI May 15, 2000 S31809 3.2% Non-Intoxicating Beer by thP Drink Bucher, Scott d/b/a Imo's Pizza, 1201 Broadway, Scott Robert Bucher, Managing Officer Severs, Dwayne d/b/a Cape Pizza Inc, 215 S. Kingshighway, Dwayne Severs, Managing Officer Severs, Dwayne d/b/a Cape Pizza No. 2 �nc., 1703 Broadway, Dwayne Severs, Managing Officer 5% Beer by thP Drink Salamy Twins Inc. d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad Salamy, Managing Officer RPtail Liquor by thP Drink Schmidt, Michael C. d/b/a The Playdium, I127 Broadway, Michael Schmidt, Managing Officer Weber, N. Louise, d/b/a Pockets, 2021 Independence, N. Louise Weber, Managing Officer McAllister, David D. d/b/a Mac's Smokehouse Inc., t-55 & Airport Rd., David McAllister, Managing Officer Brown, Jaynne d/b/a Ed's Bar, S 19 Good Hope, Jaynne Brown, Managing Officer Brinson, Phillip d/b/a Rufus Mudsuckers, 2 N. Main, Phillip Brinson, Managing Officer Pobst, Rodney d/b/a River's Edge, 701 N. Main, Rodney Pobst, Managing Officer Retail Li�uor by the Drink and Sunday Sczles Cain, Doc Inc. d/b/a Port Cape Girardea�i, 19 N, Water, Dennis R. Cain, Managing Officer GMRI, Inc. d/b/a Red Lobster #0707, 3269 William, Roger Bresnahan, Managing Officer Capaschco, Inc. d/b/a The Paste House Co. 3044 William Suite ISS, West Park Mall, Edward Goergen, Managing Officer MidAmerica Hotels Corp. d/b/a Holiday 6nn Complex, (-SS & Route K, 3267 Williarr�, Daniel Marion Drury, Managing Officer Thomas and King, Inc. d/b/a Applebee's Neighborhood Crill and Bar, 202 S. Broadview, Gretchen S. Zellmer-Griggs, Managing O�ficer The street, storm sewers and sanitary sewer improvemen�s as shown on the plans approved for Forest Hills Estates Subdivision were accepted ento the city's system, and the subdivision bond covering these improvements was released upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, iVeumeyer, Purcell, Stoffregen, White. Nays, none. The improvement plans for the construction of a portion of Richmond Drive from Kell Farm Drive approximately 390 feet west to the entrance of the proposed Cape West Mobile Home Park were approved upon Mr. Purcell's motion, Mr, Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mr. White made a motion, seconded by Mr. Neumeyer, to accept the recommendation of the Planning and Zoning Commission to deny the request of Kevin Stanfield and Jeff Holzum to rezone 2021 Perryville Road and the northwest corner of Perryville Road and Lexington Avenue from R-I, single family residential district, to C-I, local commercial district, and for a special use permit for gasoline pumps at that location. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mr. Miller stated that within ten days the applicant can request a public hearing in writing. Mr. Eggimann requested that the Council members review the priorities for the Transportation � Trust Fund Program before the August election. � i( I , � Proceedings of the City Council, City of Cape Girardeau, Mo. 447 Reaular S2SSIOt1 Ma�15, 2000 531809 There being no further business, the Council ad,journed upon Mr. Neumeyer's motion, Mr. Stoffregzn's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. � I �"-a.�`�-r'� `-. / �.A.J�.l�/�J Richard L. Eggimann, Mayor Pro Tempore � � ; Gayle L.r onrad, City Clerk � �