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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reg�ilar S@SS1011 June 19, 2000
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REGIJLAR SESSION—JC1NE 19, 2000
Council convened in regular session on Monday, June 19, 2000, at 7:30 p.m. with Mayor Albert
M. Spradling III presiding and Council Members, Richard Eggimann, Matt Hopkins, Tom
Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present.
The invocation was presented by Rev. Paul Short of St. Andrew Lutheran Church, and the Pledge
of Allegiance was recited.
The Council convened in closed session prior to the regular session for purposes of
communications with legal counsel upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the
following vote: Ayes: Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays,
none. (Purcell was absent for the closed session).
The minutes of the June 5, 2000, regular session were approved upon Mr. Neumeyer's motion,
Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as distributed upon Mr. Eggimann's motion, Mr. Stoffregen's second,
and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays, none.
This being the date set for a public hearing regarding the request of Bo and Dianne Shantz for a
special use permit for an insurance office on the northeast corner of Perryville Road and
Lexington Avenue in an R-1 single family residential district, the hearing was opened.
Mr. Bo Shantz appeared and distributed letters in support of the reyuest, the building plans for the
business, photos of possible signage for the business, and a plat of the lot subdividing the property
into six residential lots. He stated that most of his business is done over the telephone and would
have approximately 10 customers per day. From the outside the business will appear as though it
is a house. There will be a concrete slab on the north side for parking, and the drive will be off of
Perryville Road.
Mr. Steve Wilson appeared and presented a petition signed by residents in the area opposing the
special use permit. He requested the Council review the petition, and if the special use permit is
granted, consider placing restrictions on the permit that the business be owner occupied and
restrict the type of lighting and signage.
Mr. John Essner, 1817 Meyer, appeared and stated that if this is approved, it will be the beginning
of commercialization of Lexington Avenue and set a precedent for the future. It would adversely
affect surrounding property values. He also questioned how handicap accessibility would be
addressed in the house being operated as a business.
Mr. Jim Mittrucker, 1821 Meyer, appeared and stated that Mr. Shantz is selling automobiles from
this lot and presented a picture to the City Council. He stated the maintenance of the lot has not
been good, but it has improved. He felt a nice building would look better on this corner; however,
he is opposed to commercial use.
There being no further appearances, the hearing was closed. Upon questiorung by Mayor
Spradling regarding the petition received, City Attorney Eric Cunningham stated that if the owners
of 30 percent of the property within 185 feet of the proposed area sign a proper petition, then the
Proceedings of the City Council, City of Cape Girardeau, Mo. ls
Re�ular SQSSIOt1 June 19, 2000
531809
ordinance must be approved by a super majority vote. Mr. Hopkins made a motion, seconded by
Mr. Eggimann, to table the first reading of BILL NO. 2000-137 to the July 17 agenda to allow city
staff to verify the petition. The motion was approved upon the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-137 reads as follows:
AN ORDWANCE GRANTING A SPECIAL USE PERMIT TO BO SHANTZ AND DIANNE
SHANTZ, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING AN
INSURANCE OFFICE AT 2010 PERRYVILLE ROAD, IN THE CITY AND COUNTY OF
CAPE GIRARDEAU, MISSOURI
Ms. Mary Robertson appeared in opposition to granting a liquor license at 600 Broadway and
allowing the sale of small alcoholic containers. She stated that liquor sales would adversely affect
this area. She read letters from Scott Shivelbine of Shivelbine's Music, Don Beatty of Nowell's
Camera Shop, and Steve Robertson of Robertson's Photography opposing the liyuor license. Ms.
Robertson stated that Old Town Cape has received a grant to enhance the downtown area, and this
would be a negative impact. She also stated that according to her measurements, this
establishment is within 200 feet of a church. She questioned how many complaints must be made
against an establishment before the Council will revoke the license.
Mr. Spradling stated that if concerns are presented by the Police Department, the Council usually
will place an establishment on probation before considering revocation of the liquor license.
Upon questioning by the Council, Mr. Cunningham explained that the only grounds mentioned by
Ms. Robertson to deny this license is if the establishment is within 200' of a church or school, and
the school or church has not given permission for the license. In addition, the city also has related
ordinances which prohibit the public consumption of alcohol.
Mr. Neumeyer requested that approval of this license be delayed for two weeks to verify the
distance from a church or school. Mayor Spradling responded that since this is conditional
approval of the license, part of the condition is to verify the distances before the license is issued.
BILL NO. 2000-136 was given second and third readings as follows:
AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF
CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY l, 2000
Mr. Eggimann made a motion, seconded by Mr. Neumeyer to approve the second and third
readings of BILL NO. 2000-136 and adopt the ordinance. Mr. Hopkins made a motion, seconded
by Mr. Eggimann, to amend the budget by eliminating the three percent cost of living raise and
replacing it with a LAGERS employee retirement upgrade to LT-8(65). The amending motion
was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none. The original motion was approved as amended upon
the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays, none. BILL NO. 2000-136 is ORDINANCE NO. 2740.
The following bills were given second and third readings.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI .Tune 19, 2000
531809
BILL IVO. 2000-129 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR
MAKING CERTAIN SEWER IMPROVEMENTS IN TWIN LAKES
SUBDIVISION, LATERAL SEWER DISTRICT NO. 16-C, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING
THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR
BILL NO. 2000-132 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF 1719 NORTH KINGSHIGHWAY,
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-
1 TO G2
BILL NO. 2000-133 AN ORDWANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGWG THE ZONING OF THE NORTHEAST CORNER OF
NORTH SPRIGG STREET AND MASON STREET, CITY AND
COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-1
BILL NO. 2000-131 AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE
RELATING TO TRESPASS UPON PREMISES OF BUILDINGS
POSTED AS DANGEROUS BUILDINGS
BILL NO. 2000-145 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE
RELATING TO SOLID WASTE FEES
BILL NO. 2000-146 AN ORDINANCE AMENDING SECTION 29-302 OF THE CITY
CODE RELAT[NG TO WATER RATES
BILL NO. 2000-141 AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM
SOUTHEAST MISSOURI UNIVERSITY FOUNDATION FOR RIGHT-
OF-WAY FOR THE EXTENSION OF PROGRESS STREET
BILL NO. 2000-142 AN ORDINANCE ACCEPTING A SEWER EASEMENT FROM P & J
MARKETING, L.L.C., FOR RHODES 101 CONVENIENCE STORES
SAI�IITARY SEWER RELOCATION, IN SEWER DISTRICT NO. 7A
BILL NO. 2000-143 AN ORDINAIVCE ACCEPTING A PERMANENT WATERLINE
EASEMENT FROM CARPENTER DEVELOPMENT CO., L.L.C.,
FOR A 12 INCH WATER LINE TO SERVE THE WESTERN
PORTiON OF THE CITY
BILL NO. 2000-144 AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY
WOODS THIRD SUBDIVISION
BILL NO. 2000-147 AN ORDINANCE AMENDING SCHEDULE J OF SECTION 26-135
OF THE CITY CODE ESTABLISHING A ONE-WAY ALLEY,
WESTBOUND, BETWEEN 00 BLOCK OF NORTH SPANISH
STREET AND 00 BLOCK OF NORTH LORIMIER STREET, IN THE
CITY OF CAPE GIRARDEAU, MISSOURI
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Proceedings of the City Council, City of Cape Girardeau, Mo. 1�
Regular S@SS1011 June 19, 2000
S31B09
BILL NO. 2000-148 AN ORDINANCE DECLARING IT NECESSARY TO IMPROVE
TIMON WAY FROM BIG BEND ROAD TO DUMAIS DRIVE;
DEPAUL LANE FROM COUNTRY CLUB DRNE TO DRIVEWAY;
DONNA LANE FROM TIMON WAY TO THE DEAD END; IVORTH
LORIMIER STREET FROM MILL STREET TO PEARL STREET;
PEARL STREET FROM NORTH LORIMIER STREET TO
FOUNTAIN STREET; HUNTERS LANE FROM BOULDER CREST
DRIVE TO THE DEAD END; COLLINS STREET FROM MT.
AUBURN ROAD TO HUNZE DR1VE; HUNZE DRIVE. FROM
HOPPER ROAD TO COLLINS STREET; AND HILL STREET
(RIVERVIEW DRIVE) FROM RAND STREET TO JOHNSON
STREET, KNOWN AS THE 2000-1 4 INCH ASPHALTIC
� PAVEMENT PROGRAM OF THE TRANSPORTATION TRUST
FUND, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-149 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228
OF THE CITY CODE REPEALING AND ESTABLISHING SPEED
LIMITS ON BROADWAY, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 2000-I50 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH KELLEY TRANSPORTATiON
CO., INC. FOR SUBSIDIZED TRANSPORTATION COUPON
SERVICES
BILL NO. 2000-151 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, TO EXECUTE AN AGREEMENT
ON BEHALF OF THE CITY WITH THE MISSOURI DEPARTMENT
OF TRANSPORTATION FOR A GRANT TO FUND A GENERAL
PUBLIC TRANSPORTATION PROJECT TO BE FUNDED UNDER
CHAPTER 53 (5311) OF TITLE 49, UNITED STATES CODE
The second and third readings of BILL NOs. 2000-129, 2000-132, 2000-133, 2000-131, 2000-
145, 2000-146, 2000-141, 2000-142, 2000-143, 2000-144, 2000-147, 2000-148, 2000-149, 2000-
I50, and 2000-151 were approved and the ordinance adopted upon Mr. White's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-129 is ORDINANCE NO. 2739;
BILL NO. 2000-132 is ORDINANCE NO. 2741; BILL NO. 2000-133 is ORDINANCE NO.
2742; BILL NO. 2000-131 is ORDINANCE NO. 2743; BILL NO. 2000-145 is ORDINANCE
NO. 2744; BILL NO. 2000-146 is ORDINANCE NO. 2745; BILL NO. 2000-141 is
ORDINANCE NO. 2746; BILL NO. 2000-142 is ORDINANCE NO. 2747; BILL NO. 2000-143
is ORDINANCE NO. 2748; BILI, NO. 2000-144 is ORDINANCE NO. 2749; BILL NO. 2000-
147 is ORDINANCE NO. 2750; BILL NO. 2000-148 is ORDINANCE NO. 2751; BILL NO.
2000-149 is ORDINANCE NO. 2752; BILL NO. 2000-I50 is ORDINANCE NO. 2753; BILL
NO. 2000-I51 is ORDINANCE NO. 2754.
BILL NO. 2000-156 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF CABIN FEVER SUBDIVISION
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SQSSIOCI .Tune 19, 2000
S31809
The first reading of BILL NO. 2000-156 was approved upon Mr. Stoffregen's motion, Mr.
Egg►mann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
• Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-128 was given first reading as follows:
AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE CONSTRUCTION OF A
WATER MAIN SYSTEM TO SERVE TWIN LAKES SUBDIVISION, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX
BILLS THEREFOR
The first reading of BILL NO. 2000-128 was approved upon Mr. Purcell's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. Neumeyer, to waive the liquidated damages in the
amount of $1,750.00 for the Twin Lakes water main system improvements. The motion was
approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2000-155 was given first reading as follows:
AN ORDINANCE ACCEPTING A DRAINAGE EASEMENT FOR A STORMWATER
DETENTION BASIN FROM GAIL J. OCHS FOR WYAIVDOTTE ACRES SUBDIVISION
The first reading of BILL NO. 2000-l55 was approved upon Mr. Hopkins' motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2000-158 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
ESTABLISHING NO PARKiNG ON HOPPER ROAD, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-158 was approved upon Mr. White's motion, Mr. Purcell's
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2000-153 was presented as follows:
A RESOLUTION ADOPTING A PROPOSED FIVE-YEAR TRANSPORTATION TRUST
FUND PROGRAM 2001-2005 (TTF-2) FOR THE CITY OF CAPE GIRARDEAU, MISSOURI
The reading of BILL NO. 2000-153 was approved and the resolution adopted upon Mr. Hopkins'
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-153 is RESOLUTION NO.
I 574.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI June 19, 2000
S31809
BILL NO. 2000-154 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING
AGREEMENT WITH THE HUMANE SOCIETY OF SOUTHEAST MISSOURI
The reading of BILL NO. 2000-154 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-154 is
RESOLUTION NO. 1575.
BILL NO. 2000-157 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROJECT
AGREEMENT WITH KIEHL HENDRICKSON GROUP FOR A LEAKAGE ASSESSMENT
AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 2000-157 was approved and the resolution adopted upon Mr. White's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-157 is RESOLUTION NO.
1576.
Michael Maguire, Sarah Nussbaum, and Jill Smirl were appointed to the Public Library Board for
terms expiring June 30, 2003, upon Mr. Eggimann's motion, Mr. Neumeyer's second, and the
following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
Mr. Walter Wildman was appointed to the Golf Course Advisory Board for a term expiring
Jarn�ary 18, 2002, upon Mr. IVeumeyer's motion, Mr. Purcell's second, and the following vote:
Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Mr. Hopkins made a motion, seconded by Mr. White, to conditionally approve a change in
managing officer and renewal of an original package 5% beer license for Joseph E. Armour d/b/a
Super D, 2281 Broadway, Joseph E. Armour, Managing Officer. The motion was approved upon
the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays, none.
An original package liquor license was conditionally approved for SEMO Gas, Inc. d/b/a
Downtown Broadway Station, 600 Broadway, Tonie Asif Majeed, Managing Officer upon Mr.
Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
A retail liquor by the drink license was approved for Daniel J. Seiler, Dazzle, Inc., d/b/a Auntie
Alberts, 731 Broadway, Daniel J. Seiler, Managing Officer upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
The recommendation of the Planning and Zoning Commission to deny the request of Emad and
Marie Salamy for a special use permit for storage units for a 15-year period at 336 North Sprigg
Street in an R-4, multiple family residential district, was filed upon Mr. Neumeyer's motion, Mr.
Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SC'SSIOCI .Tune 19, 2000
531809
The improvement plans for Wyandotte Acres Subdivision Phase II were approved contingent upon
receipt of corrected improvement plans upon Mr. Hopkins' motion, Mr. White's second, and the
following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
BILL IVO. 2000-159 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF STOFFREGEN SUBDIVISION
The first reading of BILL NO. 2000-159 was approved upon Mr. White's motion, Mr.
Eggimann's second, and tF�e following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, White. Nays, none. Stoffregen abstained for financial reasons.
There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
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Albert M. Spradling, III, Mayor
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Gayle L. onrad, City Clerk
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