HomeMy WebLinkAboutCouncil.Minutes.03-19-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI March 19, 2001 137
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REGULAR SESSION—MARCH 19, 2001
Council convened in regular session on Monday, March 19, 2001, at 7:00 p.m. with Mayor Albert
M. Spradling I[( presiding and Council Members Matt Hopkins, Tom Neumeyer, Jay Purcell,
Frank Stoffregen and Hugh White present. Richard Eggimann was absent.
The invocation was presented by Dr. Derek Staples of Lynwood Baptist Church, and the Pledge of
Allegiance was recited.
The minutes of the March S, 2001, regular and closed sessions were approved upon Mr. White's
motion, Mr. Hopkins' second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
The agenda was adopted as distributed, with the addition of a proclamation presentation, upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none.
Mayor Spradling presented a proclamation to Master Firefighter David McLain honoring his
service to the City of Cape Girardeau and wishing him well in his retirement.
This being the date set for a public hearing to consider vacating the city's interest in a four foot
wide easement running north/south between Lot I of Seabaugh's Third Subdivision and College
Street, and a four foot wide service pole easement running north from College Street for a
distance of 40' between lots 9 and I I of Seabaugh's Third Subdivision, the hearing was opened.
There being no appearances, the hearing was closed.
Carol Bullock, daughter of the present owner of the Marquette Hotel, appeared regarding the
present status of the hoteL She reviewed the history of the hotel, and reyuested the cooperation of
the city in the renovation project. Upon questioning by Mr. Purcell, she responded that she has
employed a person to maintain the safety of the building, and in .fuly of 2000 a checklist was
completed to secure the building. She admitted the building has been vandalized within the last
month but st�tted they have been maintaining it. Mayor Spradling explained that it is his
understanding that the previous repairs were for the minimum property standards; however, there
are additional repairs that are required under the condemnation process. She stated there are no
definite plans to improve the building within a definite time, but it is something they want to do.
She said it is hard to say what a time frame for those improvements will be. Following discussion,
Mr. Purcell made a motion, seconded by Mr. Neumeyer, to recommend to the City's Building
Ofticial to grant a 60 day extension to the condemnation proceedings, and during that time Ms.
Bullock can work with city staff to take whatever actions are necessary to further secure the
exterior of the buil�ling. Upon yuestioning by Tom Neumeyer, Architect Tom Phillips st�tted that
this building is structurally sound and does not pose a safety problem to the public. Following
discussion, the motion was approved upon the following vote: Ayes: Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. Tom Neumeyer emphasized that the city will
need to receive from the owner plans for the building and how it will be developed.
Mr. AI Lowes, attorney for Michael Pryor, appeared in support of a liyuor license for The Taste
Restaurant and Lounge. He stated there was an error in the original license application; however,
Mr. Pryor has resubmitted a corrected application. He reviewed improvement�� Mr�. Pryor has
made at the facility and reviewed violations that have occurred at the bar. The Council discussed
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI March 19, 211(11 13R
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� the last two probationary periods of The Taste and the incidents that have occurred during that
( time. Mayor Spradling stated that the only incidents which should be considered are those which
� have occurred during this last probation period. Mayor Spradling also presented for the record an
e-mail received by the City on March 19, 2001, from Douglas Nelson in opposition to the granting
of a license to The Taste. A copy of the e-mail is attached hereto as Exhibit A and made a part of
these minutes. Upon questioning by Tom Neumeye►•, Police Chief Rick Hetzel reviewed the
reasons the Police Department disapproved the application. Mayor Spradling made a motion,
seconded by Mr. Purcell, to conditionally approve a retail liquor by the drink license for Pryor
and Parker, Inc., d/b/a Taste Restaurant and Lounge, 402 Good Hope, Barbara Treece (Simpson),
Managing, Officer, for a period ending June 30, 2001. Following discussion by the Council, the
motion was approved upon the following roll call vote: Ayes: Hopkins, aye; Neumeyer, nay;
Purcell, aye; Spradling, aye; Stoffregen, nay; White, aye
Mr. Stoffregen questioned if there are any current plans to straighten the curve on North Main
Street where the old shoe factory was located. City Planner Kent Bratton stated that the staff will
be reviewing the project this summer.
Mr. Neumeyer congratulated the Notre Dame High School girls basketball team on their• second
place finish in the State 2A Basketball tournament.
The following bills were given second and third readings:
BILL NO. 2001-40 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI,
BY CHANGING THE ZONING OF THE NORTHEAST QUADRANT
OF INTERSTATE 55 AND HIGHWAY 34/61, CITY AND COUNTY
OF CAPE GIRARDEAU, MISSOURI FROM R-I TO G2
BILL NO. 2001-41 AN ORUINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOLIRI,
BY CHANGING THE ZONING OF 200 BELLEVUE STREET, CITY
AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4
AND M-2 TO R-4
BILL NO. 2001-42 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
LIONSHEAD [NVESTMENTS, L.L.('. AND KINDER AND
MAURER DEVELOPMENTS, L.L.C., FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING
i TOWNHOMES (CONDOMINIUMS) IN THE 2900 TO 3000 BLOCK �
OF BEAVERCREEK DRIVE, IN THE CITY AND COUNTY OF �(
�� CAPE GIRARDEAU, MISSOURI �
� BILL NO. 2001-47 AN ORDINANCE AMEND[NG SECTION 30-37 D I OF T
, ( )( ) HE CITY
CODE RELATING TO FRONT YARD REGULATIONS
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BILL NO. 2001-43 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED,
PERMANENT DRAINAGE EASEMENTS, A PERMAIVENT STORM
SEWER EASEMENT AND TEMPORARY CONSTRUCTION
� EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE
NEW MADRID STREET IMPROVEMENT PRO,IECT �
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular SeSSl011 March 19, 2001 139
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BILL NO. 2001-46 AN ORD[NANCE ACCEPTING A TEMPORARY CONSTRUCTION
EASEMENT FROM JERRY R. SCHWAB AND PHYLLIS .I.
SCHWAB, FOR THE WIDENING OF RODNEY STREET AND
REPLACEMENT OF THE BRIDGE OVER CAPE LA CROIX CREEK
BILL NO. 2001-52 AN ORDINANCE APPROVING THE RECORU PLAT OF TEN MILE
HIGH SECOND SUBDIVISION
BILL NO. 2001-53 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CtTY CODE, BY REPEALING STOP SIGNS ON CLARK
AND BROADWAY, IN THE CITY OF CAPE GIRARDEAU,
MISSOU RI
BILL NO. 2001-SS AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247,
SCHEDULE G OF SECTION 26-249, AND SCHEDULE P OF
SECTION 26-248, OF THE CITY CODE, RELATING TO PARKING
ON PACIFIC STREET BETWEEN NORMAL AVENUE AND ALTA
VISTA DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURt
The second and third readings of BILL NOs. 2001-40, 2001-41, 2001-42, 2001-47, 2001-43,
2001-46, 2001-52, 2001-53 and 2001-55 were approved and the ordinances adopted upon Mr.
White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Hopkins, Neumeyer,
Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-40 is ORDINANCE NO.
2856; BILL NO. 2001-41 is ORDINANCE NO. 2857; BILL NO. 2001-42 is ORDINANCE NO.
28_58; BILL NO. 2001-47 is ORDINANCE NO. 2859; BILL NO. 2001-4�i is ORDINANCE NO.
2860; BILL NO. 2001-46 is ORDINANCE NO. 2861; BILL NO. 2001-52 is ORDINANCE NO.
2862; BILL NO. 2001-53 is ORDINANCE NO. 2863; BILL NO. 2001-SS is ORUINANCE NO.
2864.
BILL NO. 2001-56 was given first reading as follows:
AN ORDtNANCE VACATING THE CITY'S INTEREST 1N TWO UTtLITY POLE
EASEMENTS IN SEABAUGH'S THIRD SUBDNISION, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
The first reading of BILI. NO. 2001-56 was approved upon Mr. Stoffi•egen's motion, Mr.
Hopkins' second, and die following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BILL NO. 2001-57 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO
SOUTHEAST MISSOURI STATE UNIVERSITY, FOR THE NEW MADRID STREET
REALIGNMENT
The tirst reading of BILL NO. 2001-57 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Stoffi•egen,
S�radling, White. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI March 19, 2001 1�
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BILL NO. 2001-58 was given first reading as follows:
AN ORDINANCE AUTHORIZ(NG THE MAYOR TO EXECUTE A QUIT CLAIM UEED TO
L. TAYLOR BAHN AND NANCY JO BAHN, FOR THE HENDERSON/NEW MADRID
; STREET INTERSEC'TfON IMPROVEMENT PROJECT
i
The tu�st reading of BILL NO. 2001-58 was approved upon Mr. Purcell's motion, Mr.
Neumeyer's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BfLL NO. 2001-59 was given first reading as follows:
AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSfON, FOR AN
ON-SYSTEM BRIDGE REPLACEMENT ANU REHABILITATION PROGRAM
The tirst reading of BILL NO. 2001-59 was approved upon Mr. White's motion, Mr. Hopkins'
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
BILL NO. 2001-60 was given first reading as follows:
AN ORDINANCE ACCEPTfNG GENERAL WARRANTY DEEDS, PERMANENT
DRAINAGE EASEMENTS, TEMPORARY CONSTRUCTION EASEMENTS AND AN
INGRESS-EGRESS EASEMENT FROM ARMSTRONG HERITAGE, INC., MIDAMERtCA
HOTELS CORPORATION, EUWARD L. SNIDER AND LURLYNE L. SNIDE, AND THE
CAPE GIRARDEAU SCHOOL BOARD FOR THE EXTENSION OF SOUTHERN
EXPRESSWAY AND THE REALIGNED SfLVER SPRINGS/MT. AUBURN WTERSECTION
The first reading of BILL NO. 2001-60 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
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BILL NO. 2001-61 was given first reading as follows:
AN ORUINANCE AMENDING SCHEUULE F OF SECTION 26-247 OF THE CITY COUE,
REPEAUNG CERTAIN NO PARKING ON BROADWAY ANU ESTABLISHINC NEW NO
PARKING ON BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
�� The first reading of BILL NO. 2001-61 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
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( BILL NO. 2001-65 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF WINKS SUBDIVISION NUMBER
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI March 19, 2001 141
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The first reading of BILL NO. 2001-65 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
BILL NO. 2001-66 was given first reading as follows:
AN ORUINANCE APPROVING THE RECORD PLAT OF BEAN'S I IT" SUBDIVISIUN
The first reading of BILL NO. 2001-66 was approved upon Mr. Purcell's motion, Mr. Hopkins'
second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Stoffi•egen, White. Nays,
none. Mayor Spradling abstained for financial reasons.
BILL NO. 2001-62 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH DUTCH ENTERPRISES, INC., FOR A 16-INCH WATER MAIN PROJECT ALONG
PERRYVILLE ROAD AND BERTLfNG STREET
The reading of BILL NO. 2001-62 was approved and the resolution adopted upon Mr. White's
motion, Mr. Purcell's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-62 is RESOLUTION NO. 1652.
BI LL NO. 2001-63 was presented as follows:
A RESOLUTfON AUTHOR[ZING THE CITY MANAGER TO EXECUTE AN AGREEMENT
WITH DUTCH ENTERPR[SES, INC., FOR A 20-1NCH WATER MAIN PROJECT ALONG
RNERSIDE BOULEVARD AND GREEN ACRES DRIVE
The reading of BILL NO. 2001-63 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell,
Spradling, Stoffi�egen, White. Nays, none. BILL NO. 2001-63 is RESOLL)TION NO. 1653.
BILL NO. 2001-64 was presented as follows:
A RESOLUTION AUTHORIZING THE CtTY MANAGER TO EXECUTE AUTHORIZATION
NO. 14 TO THE MASTER SERVICES AGREEMENT WITH BURNS & McDONNELL
ENGINEERfNG COMPANY, INC. FOR THE COMPUTER EQUIPMENT AND PLC
PROGRAMMING PRO.IECT AT THE CAPE ROCK TREATMENT PLANT
The reading of BILL NO. 2001-64 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. White's second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell,
, � Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-(4 is RESOLUTION NO. 1654.
There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr.
Hopkins' second, and the following vote: Ayes, Hopkins, Neumeyer, Purcell, Spradling,
Stoffi•egen, White. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular S@SSIOCI March 19, 20(11 142
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City Council Meeting March 19, 2001 Exhibit A Page 143
My name is Douglas Nelson and I am submitting this letter of objection to the further granting of
another extension of a liquor license renewal to the establishment known as "The Taste Lounge." I
agree with the comments by Chief Hetzel that this establishment is a pu�lic nuisance and no matter
what the so called improvements of it's owner Mr. Michael Pryor, it will continue to be in the words of
Chief Hetzel, a "public nuisance.°
I am in further agreement with the Chief Law enforcement officer of Cape Girardeau, that this is
definitely a safety issue. f was given a report by Mrs. Mary Muhammad, who unfortunately passed
away on March 11, 2001, regarding this issue. In addition 1 have followed much of the activity
through the very fine reporting of the Southeast Missourian Newspaper owned by a childhood friend of
mine, Mr. Gary Rust.
It has been my obsevation that Good Hope has deteriorated into "the shame centrai" of a wonderful
midwestern town. Consequently d�ere can be no further delay to act positively on your report and
recommendations to the City Council.
It is important to note also that you have taken great pains to explain to the City Council and to the
citizens of Cape Girardeau the continuing drain upon the manpower and �nancial resources of the
Cities budget. According to your comments as reported in the Southeast Missourian not only does the
need for extra services specifically for the Taste Louge continue, but that same need has increased from
last year to now, resulting in a further drain upon manpower, money, and resources of the Cape
Girardeau Police Department.
The Honorable members of the Cape Girardeau City Councils deliberations have to encompass the
possible liability of the Cities for injuries in the event that further situations happen such as the "melee"
which occurred several months ago.
We must not forget the occasion that brought us to this point. The riot (melee) caused property damage
in the area, missiles were flying through the air, and some patrons of the Taste Lounge were involved
in gross lawbreaking, but most importantly those who are sworn to protect and serve the public were
severely injured. When these kinds of situations occur steps must be instituted to "protect the citizen."
Mr. Nelson's property at 320 Good Hope, and the Schlue residence at 323 Good Hope have both been
affected by the decisions made. These properties and seniors who occupy them are continually affected
negatively by the operation of the Taste Lounge. Further there are three other residences which are
occupied and located in the same area which are also impacted by what occurs at 402 Good Hope. As
long time residents of the area these individu�ls deserve our support and should not be intimidated by
the outrageous conduct of many of Mr. Pryors clientele. About a year ago soon after the riot, I spoke
to my fathers neighbor, Ms. Schlue, who confided to me that she was afraid to really say to much in
opposition to the persons who lounge around the front of her home because of the meanness and the
resultant property damage that has occurred in the past as a result of her having complained.
- Finally I was in my home town over this past weekend, I was also there in November, to transport my
sister for medical treatment in the Chicago area, and nothing has changed. Litter is yet prevalant upon
the streets, loud and disorderly conduct continues, the disturbance of the peace and tranquility of this
section of the co►nmunity is ongoing. Now there are prostitutes who want to know "if there is anything
that they IIII�TIIt CIO for the prospective client who could help them to purchase a "rock." When
questioned this particular lady informed me that she had come to Cape one week ago. The problems on
Good Hope are only going to expand to the larger community.
City Council Meeting March 19, 2001 Exhibit A Page 144
The issue has to be finalized tonight. In any other City this business would have been closed after the
lawlessness which occurred during the riot. Mr. Pryor appears to want to do business in the City of
Cape Girardeau, and that's good, but he can't seem to get it right. There is too much water under the
bridge and we have not been able with his finger and the help of the community which gave him a
chance to plug the leak. His business interest must move further from areas where many of his unruly !
patrons can only disturb and injure themselves. �
Respectfully submitted �/
Douglas Nelson
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