HomeMy WebLinkAboutCouncil.Minutes.07-17-2000 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI July 17, 2000 29
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REGULAR SESSION—JULY 17, 2000
Council convened in regular session on Monday, July 17, 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 Hugh White, and the Pledge of Allegiance was recited.
Mayor Spradling presented a plaque to Emmett Baker, Special Projects Coordinator, for 34 years
service with the City, and wished him well in his retirement.
Police Captain Steve Strong introduced Dr. Bill Burns, President of the SALT Triad, and thanked
him for their efforts in the Senior Tour of Lights. Dr. Burns presented a playue to Nancy Bray of
Southeast Missouri Hospital and Susan Saxy of Ryder First Student Transportation for their
assistance with the Senior Tour of Lights.
The minutes of the July 17, 2000, regular session were approved upon Mr. White's motion, Mr.
Eggimann'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.
Mr. Don Howard appeared in opposition to Bill No. 2000-166 granting a special use permit for an
alternative school, pre-school and church facilities at 1000 Ranney. He stated that on Super
Saturdays and at the block parties they play music too loud which is a disturbance to the
neighborhood. There are kids outside of the facility after dark, and they vandalize and disturb the
area. He stated he did talk with the Pastor of the church but did not resolve anything.
Rev. Blake Tiemann of First Assembly of God appeared in support of the request. He stated that
block parties are held twice per year, and all permits are obtained through the City Police
Department. The Super Saturdays have been in existence for 12 years. In addition, the church
cannot have someone at this facility 24 hours per day to monitor the playground area. He stated
he did meet with Mr. Howard, and Mr. Howard made some general comments„ but he never
complained about the music at the time of the block parties.
Mr. Thomas Moore, 1013 Ranney, appeared in opposition to this special use permit. He stated
that the music at the block parties is so loud that he must leave his home. Children from the
neighborhood play on the playground equipment at all times of the day and night. He stated that
the area for the pre-school is fine, but he did not feel it should be connected with the area for the
older kids due to their fighting and curs►ng. The older kids are not supervised.
Mr. Randy Rhodes, a juvenile officer for Cape Girardeau County, appeared and stated that his
office rents the upstairs of the House of Hope for an alternative school. Many police and juvenile
officers come through the facility every day. Any vandalism that has occurred was immediately
repaired. Granting this special use permit will prevent the building from sitting vacant and help
avoid the vandalism that occurs i❑ and around vacant buildings. He stated he supported the
request for the special use permit.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI .Tuly 17, 2000 �Q_
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IBILL NO. 2000-166 was given second and third readings as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF GOD,
FOR PURPOSES OF MAINTAINWG AND OPERATING CHURCH FACILITIES, CAPE
GIRARDEAU PUBLIC SCHOOL ALTERNATIVE SCHOOL, AND MISSOURI PRE-SCHOOL
PROJECT AT 1000 RANNEY AVENUE, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Mr. Eggimann made a motion, seconded by Mr. Stoffregen, to approve the second and third
readings of BILL NO. 2000-166 and adopt the ordinance. Following comments by Mr.
Eggimann, Mr. Neumeyer and Mr. Stoffregen, the motion was approved upon the following vote:
Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-166 is ORDWANCE NO. 2760,
Mr. Fred Keller, 1809 Westood, appeared in support of the request of Bo Shantz for an insurance
office on the northeast corner of Perryville and Lexington. He stated he did not see a problem
with pt►tting this type of business at that location.
Mr. Don Howard appeared regarding high weeds on the south side of town. He stated that many
� of the violators are the same year after year, and he should not have to continue to complain to the
Council. Upon questioning by Mr. Stoffregen, he stated weeds are in the 900 block of Sprigg and
the rear of Sturdivant Street, and a truck dumped a load of junk at 1014 Sturdivant. He stated that
once a complaint is made, the process to get it taken care of should be completed within seven
days.
Mr. Fred Mashburn of Students for Fair Housing Standards appeared regarding tenants rights and
housing standards in the city. He stated there is not enough enforcement of the Minimum Property
Standards, and this group is making a list of landlords that have violations under these standards.
Upon questioning by Mr. Eggimann, Mr. Mashburn stated that his group represents all Semo
students living off campus, and there presently are 15 members in the group. He has requested
copies of all police reports on the City Council Members since they are the individuals that make
the laws for the city. Mayor Spradling stated that under the Minimum Property Standards,
complaints about individual properties go through the Inspection Services Office. If the group
� wants to suggest changes to the Standards, they can meet with the City Manager and City Attorney
to discuss this.
Mr. Stoffregen requested that an item be placed on the next City Council agenda for discussion
� regarding the liquor license process. He would like to consider allowing citizens that live within
200 feet of the establishment to have input on a proposed liquor license. City Manager Michael
Miller stated the staff will submit a report for the next meeting.
Ms. Janice Williams, 1948 Briarwood, appeared in opposition to the special use permit request of
i�� Bo Shantz for an insiirance office on the northeast corner of Perryville and Lexington. She stated
she opposed any commercial establishments on Lexington Avern►e.
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�i The following bills were given second and third readings.
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BILL NO. 2000-134 AN ORDINANCE AIVNEXING LAND TO THE CITY OF CAPE
GIRARDEAU, MISSOURI, UPON THE REQUEST OF DEER
�j CREEK CHRIST[AN ACADEMY, INC.
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Re�ular S@SSIOCI Julv 17, 2000 31
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BILL NO. 2000-135 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF 2039 STATE ROUTE W, CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-1 TO
GI
BILL NO. 2000-160 AN ORDINANCE ACCEPT[NG A WATER UTILITY AND ACCESS
EASEMENT FROM GREATER CAPE GIRARDEAU AREA
BENEVOLENT ASSOCIATION ON RAMBLER ROAD RIGHT-OF-
WAY IN THE NASH ROAD [NDUSTRIAL PARK
BILL NO. 2000-162 AN ORDINANCE APPROVING THE RECORD PLAT OF
HAZELWOOD SUBDIVISION
BILL NO. 2000-163 AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228
OF THE CITY CODE, ESTABLISHING SPEED LIMITS ON ROUTE
AB (NASH ROAD), IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 2000-164 AN ORDTNANCE APPROVING AN INGRESS-EGRESS EASEMENT
FOR WILLIAM R. SWAN AND KATHRYN F. SWAN AS AN
APPROVED PLACE FOR RESIDENTIAL DEVELOPMENT
PURPOSES, SAID EASEMENT BEING LOCATED W ASHLAND
HILLS ESTATES SECOND SUBDIVISION, CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2000-165 AN ORDINANCE AMENDWG CHAPTER 30 OF THE CODE OF
ORDWANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF 601 HAZEL STREET AND 2734
HAWTHORNE ROAD, CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI FROM R-1 TO R-3
The second and third readings of BILL NOs. 2000-I 34, 2000-l 35, 2000-160, 2000-162, 2000-
163, 2000-164 and 2000-165 were approved and the ordinances adopted upon Mr. White's motion,
Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, IVeumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial reasons on
BILL NOs. 2000-160, 2000-162, 2000-I 64 and 2000-165. BILL NO. 2000-134 is ORDINANCE
NO. 2761; BILL NO. 2000-135 is ORDINANCE NO. 2762; BILL NO. 2000-160 is
ORDINANCE NO. 2763; BILL NO. 2000-162 is ORDINANCE NO. 2764; BILL NO. 2000-163
is ORDINANCE NO. 2765; BILL NO. 2000-164 is ORDINANCE NO. 2766; BILL NO. 2000-
165 is ORDINANCE NO. 2767.
BILL NO. 2000-137 was given first reading as follows:
AN ORDINANCE 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 G[RARDEAU, MISSOURI
The first reading of BILL NO. 2000-137 failed upon Mr. Stoffregen's motion, Mr. Hopkins'
second, and the following vote: Ayes, Stoffregen, Purcell. Nays, Eggimann, Hopkins,
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI Julv 17, 2000 32
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Neumeyer, Spradling, White. The Findings and Conclusions for this special use permit were
adopted upon Mr. IVeumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes,
Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. White
made a motion, seconded by Mr. Eggimann, to accept Section 30-39 "Special Use Regulations,"
, the application for special use permit, the application file, and the records of the Planning and
Zoning Commission and include these records ►n the findings and conclusions. The motion was
approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2000-169 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE,
REPEALING NO PARK(NG ON A PORTION OF GOOD HOPE STREET, IN THE CITY OF
CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-169 was approved upon Mr. Eggimann's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-172 was given first reading as follows:
AN ORDINANCE ACCEPTING PERMANENT EASEMENT FROM RHODES PROPERTIES,
L.C. TO OPERATE, MAINTAW, REDESIGN, MODIFY AND RECONSTRUCT A PAVED
� PARKiNG AREA PROVIDED FOR PUBLIC USE IN CONJUNCTION WITH THE CITY'S
PARK SYSTEM
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The first reading of BILL NO. 2000-172 was approved upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-174 was given first reading as follows:
AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER D[STRICT NO.
l4-ZZ, A SUBDNISION OF TRUNK SEWER DISTRICT NO. 14, AS ESTABLISHED BY
ORDINANCE NO. 396, TO SERVE CHALET TRACE SECOND SUBDN[S[ON AND
OTHER PROPERT[ES ALONG HOPPER ROAD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The first reading of BILL NO. 2000-174 was approved upon Mr. White's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
�� Spradling, Stoffregen, White. Nays, none.
IE BILL IVO. 2000-176 was given first reading as follows:
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IAN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPE PLACE,
L.L.C. FOR AN EXPANSION OF A DETENTION BAS[N
The first reading of BILL NO. 2000-176 was approved upon Mr. Neumeyer's motion, Mr.
Hopkins' 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.
e�u ar SeSSIOtI TuIY 17� 2000 33
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BILL NO. 2000-177 was given first reading as follows:
AN ORDINANCE ACCEPTING DEEDS FROM L. WAYNE NISWONGER AND
MARGARET M. NISWONGER AND GEORGE W. EAKER AND LORA L. EAKER FOR
THE SLOAN CREEK SEWER AND MAIN COMBiNED SEWER PROJECT
The first reading of BILL NO. 2000-177 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. 2000-178 was given first reading as follows:
AN ORDWANCE ACCEPTING A DEED, CORRECTED PERMANENT DRAINAGE
EASEMENTS AND A CORRECTED TEMPORARY CONSTRUCTION EASEMENT FROM
VARIOUS PROPERTY OWNERS FOR THE HOPPER ROAD PHASE I PROJECT
The first reading of B[LL NO. 2000-178 was approved upon Mr. Eggimann's motion, Mr.
Pt►rcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-179 was given first reading as follows:
AN ORDINANCE ACCEPTING DEEDS FROM VARIOUS PROPERTY OWNERS FOR THE
1995 FLOOD BUYOUT PROGRAM
The first reading of BILL NO. 2000-179 was approved upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
BILL NO. 2000-180 was given first reading as follows:
AN ORDINANCE ACCEPTING DEEDS FROM EMIL W. DEWROCK AND THE CAPE
GIRARDEAU COUNTY COLLECTOR FOR THE FIRE DEPARTMENT TRAINING
FACILITY
The first reading of BILL NO. 2000-180 was approved 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. 2000-181 was given first reading as follows:
AN ORDINANCE APPROPRIATING FUNDS FOR CONTWGENCY, PUBLIC WORKS,
PARK CAPITAL IMPROVEMENT, INTERNAL SERVICES, PUBLIC SAFETY, PARKS
AND RECREATION, INTERDEPARTMENTAL, GENERAL FUND TRANSFERS,
ADMINISTRATIVE SERVICES, PARK AND RECREATION TRANSFER SERVICES, AND
DEVELOPMENTAL SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2000-181 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S2SSIOII July 17, 2000 34
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�— Mayor Spradling stated that BILL NO. 2000-183 was withdrawn from the agenda because the
appropriate documents had not yet been received. BILL NO. 2000-183 read as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF KAMMANN RAIVDOL
SUBDIVISION
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I BILL IVO. 2000-171 was presented as follows:
A RESOLUTiON AUTHORIZING THE CITY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH RHODES PROPERTIES, L.C., FOR CONSTRUCTION
OF AN EXTENSION TO AN EXISTING PAVED ACCESS WAY FOR USE AS A
DRIVEWAY TO A SINGLE FAMILY RESIDENCE AND TO PROViDE MOTOR VEHICLE
PARKING FOR PUBLIC USE IN CONJUNCTION WITH THE CITY PARK SYSTEM
PROPERTY ON A PORTION OF THE CAPE LA CROIX CREEK/WALKER BRANCH
FLOOD CONTROL PROJECT RIGHT-OF-WAY
The reading of BILL NO. 2000-171 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-171 is
RESOLUTION NO. 1581.
BILL NO. 2000-l73 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH PR DEVELOPERS, INC., FOR THE GOLDEN EAGLE COURT WATER SYSTEM
IMPROVEMENTS
The reading of BILL NO. 2000-173 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-173 is RESOLUTION NO.
1582,
BILL NO. 2000-175 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ASSIGNMENT
OF A LEASE AGREEMENT, FROM CYBER TEL RSA CELLULAR, L.P. TO CROWN
CASTI,E GT COMPANY, LLC, FOR A WIRELESS COMMUNICATIONS BUSINESS,
TOWERS AIVD RELATED REAL ESTATE
I The reading of BILL NO. 2000-175 was approved and the resolution adopted upon Mr. Hopkins'
I' motion, Mr. White's second, and the following vote; Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-175 is RESOLUTION NO.
I� 1583.
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BILL NO. 2000-182 was presented as follows:
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SeSSIOCI July 17, 2000 35
S31809
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, D & D
CAPE INVESTMENTS, L.P., ARMSTRONG HERITAGE, INC. AND DRURY
SOUTHWEST, INC. FOR THE SALE OF RIGHT-OF-WAY AND THE CONSTRUCTION OF
MT. AUBURN ROAD FROM MISSOURI ROUTE 74 SOUTH TO NEAR SILVER SPRINGS
ROAD
The reading of BILL NO. 2000-182 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-182 is RESOLUTION NO.
1584.
BILL NO. 2000-184 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT
WITH AHRENS CONTRACTING, INC. FOR ASBESTOS ABATEMENT AND
DEMOLITION SERVICES FOR THE OLD ST. FRANCIS HOSPITAL BUILDINGS
The reading of BILL NO. 2000-184 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2000-184 is
RESOLUTION NO. 1585.
Mr. Barry Pfanstiel was appointed to the Ethics Commission for a term expiring June 16, 2005,
upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Ms. Sue Ann Rademaker was appointed to the Planning and Zoning Commission for a term
expiring November 1, 2002, upon Mr. PurcelPs motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
An original package liquor and Sunday sales license was approved for Wallis Oil Co., Inc., d/b/a
Cape Pump Handle #l, 2012 William, and Cape Pump Handle #2, 1455 N. Kingshighway, Jason
A. Wallis, Managing Officer, upon Mr. Hopkins motion, Mr. Neumeyer's second, and the
following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, None.
The sanitary sewer extension to serve Cape Tractor Trailer Supply Co. and Mobile Home World
on Southeast Kingshighway near its intersection with Southern Expressway was accepted into the
city's system upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes:
Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
Regarding the dates of the City Council meetings for September and October, Mayor Spradling
stated that the dates were previously changed by the Council.
Mr. Stoffregen made a motion, seconded by Mr. Neumeyer, to grant an out-of-district sewer
connection to Donald and Shirley Gregory, 3013 Hopper, connecting to Sewer District 12-AA.
The motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI .Tuly 17, 2000 �C�
531809
Regarding the recommendation of the Planning and Zoning Commission to deny the request of
Larry W. Stone to rezone 327 S. Lorimier Street from R-4, multiple family residential district, to
C-2, general commercial district, and for a special use permit for mini-storage units at that
location, Mr. Stone appeared and requested that a public hearing be held on this matter. Mayor
Spradling stated that a public hearing will be held at the August 7 City Council meeting.
Mr. Hopkins made a motion, seconded by Mr. Stoffregen, to waive the requirement for the
Y.E.L.L. Campaign to have a vendor's permit and to allow the selling of newspapers on city
streets on Tuesday, September 12, 2000, from 6:00 a.m. to 10:00 a.m. The motion was approved
upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen,
White. Nays, none.
Mr. Hopkins made a motion to change the meeting times of the City Council from 7:30 p.m. to
7:00 p.m. The motion died for a lack of a second. Mr. Eggimann stated this item will be on the
next City Council agenda for discussion.
There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr.
Purcell's second, and the following vote: Ayes, Egg►mann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
A. . Spra ling, III, Mayor
�CSJ�--
Gayle . Conrad, City Clerk
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