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Home My WebLink AboutCouncil.Minutes.04-16-2001 Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOCI April 16, 2001 151 - ----- --- 531809 --- - --- REGLTI.AR SESSION— APRIL 16, 2001 Council convened in regular session on Monday, April 16, 2001, at 7:00 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. Ron Watts of LaCroix United Methodist Church, and the Pledge of Allegiance was recited. The City Council convened in closed session prior to the regular session for the purpose of discussing property acquisition upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. The minutes of the April 2, 2001, 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. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Tom Meyer appeared on behalf of Garnet White regarding a special use permit request at 404 North Louisiana for the Birthright Center. He stated that this request was previously denied by the Planning and Zoning Commission, and he requested that the City Council set this matter for a public hearing. Mayor Spradling stated that the matter will be scheduled for a public hearing at the City Council meeting on May 7, 2001. Mr. Lawrence Aeschlimann, 317 North Louisiana, requested the City Council vote at this meeting in opposition to the special use permit on Louisiana Street. Mayor Spradling stated that the Council must either file the application or set it for a public hearing at a later date, and no other action can be taken at this meeting. Ms. Reba .tean Thompson, 1237 Marilyn, appeared and expressed her opposition to a special use permit request by Jason and Amy Ledure for firearm sales at 1254 Marilyn Drive. Mr. Jay Purcell explained to the City Council an incident that occurred in the 200 block of South Middle on Tuesday evening, April 10. There was a large crowd in the street, and a resident contacted Mr. Purcell to come to the resident's home and observe the incident. The Police Department was contacted, and there was some concern with the response that was received. He questioned whether incidents in certain areas of the city are treated differently than in the rest of the city and expressed concern that the noise ordinance was not being enforced. Mr. Eggimann stated that all parts of town deserve the same treatment, and the city needs to strengthen enforcement of the city code in certain parts of town. City Manager Michael Miller responded that city staff will review the present ordinances on noise, loitering and nuisance complaints. Mr. Thomas L. Meyer appeared and stated he purchased an apartment building on the corner of Lorimier and William 34 years ago and never had any problems. Now, due to neighborhood problems, including drugs, noise, loud music and loitering, there are continually vacancies in his building. The Police Department has told him they cannot do anything on private property. However, he feels the city is not enforcing the city code. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 A rip I 16, 2001 152 S31809 The following bills were given second and third readings: BILL NO. 2001-68 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURf, BY CHANGING THE ZONING OF 2791 LYNWOOD HILLS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- I TO R-3 BILL NO. 2001-69 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE GIRARDEAU CHURCH OF GOD, FOR PURPOSES OF MAINTAINING AND OPERATING CHILD CARE THROUGH THE EARLY HEAD START PROCRAM AT 624 SOUTH ELLIS STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-70 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CHRIST EVANGELICAL PRESBYTERIAN CHURCH, FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING CHURCH SIGNAGE AT 3037 LEXfNGTON AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-75 AN ORDINANCE APPROVING THE RECORD PLAT KINDER LYNWOOD SUBDIVISION The second and third readings of BI LL NOs. 2001-68, 2001-69, 2001-70 and 2001-75 were approved and the ordinances 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. 2001-68 is ORDINANCE NO. 2873; BILL NO. 2001-69 is ORDINANCE NO. 2874; BILL NO. 2001-70 is ORDINANCE NO. 2875; BILL NO. 2001-75 is ORDINANCE NO. 28"76. BILL NO. 2001-85 was given first, second and third readings as follows: �1 AN ORDINANCE AMENDING ORUINANCE NO. 1122, ORDINANCE NO 1402, ANU � ORDINANCE NO. 1971 IN CONNECTION WITH CERTAIN OUTSTANDING BONDS OF �'s, THE CITY AND PRESCRIBING RELATED MATTERS !I � The first, second and third readings of BILL NO. 2001-85 were approved and the oi•dinance � adopted as an emergency measure upon Mr. Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-85 is ORDINANCE NO. 2877. Mr. Eggimann stated that this j refinancing will save the city approximately one-half million dollars. � BILL NO. 2001-82 was given tirst reading as follows: � � � 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 CIRARDEAU, MISSOURI ,� ! �' { Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOtI April 16, 2001 153 531809 ------ -- -- Mr. Hopkins made a motion, seconded by Mr. Stoffregen, to approve the first reading of BILL NO. 2001-82. Mr. Eggimann made a motion, seconded by Mr. Purcell, to amend the speed limit to 30 mph. The amending motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Spradling, 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. 2001-83 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF McDONALD'S SUBDIVISION The first reading of BILL NO. 2001-83 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Spradling, White. Nays, none. BILL NO. 2001-84 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ENGRAM FARMS FOURTH S1IBDIVISION The first reading of BILL NO. 2001-84 was approved upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Spradling, White. Nays, none. BILL NO. 2001-86 was given first reading as follows: AN ORDWANCE APPROVING THE RECORD PLAT CARTER ESTATES The tirst reading of BILL NO. 2001-86 was approved upon Mr. Neumeyer's motion, M►•. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, Spradling, White. Nays, none. BI LL NO. 2001-78 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC DEVELOPMENT COMMISSION, FOR THE RENAISSANCE AIRCRAFT WATER LINE PROJ ECT The reading of BILL NO. 2001-78 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-78 is RESOLUTION NO. 1661. BILL NO. 2001-79 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF CAPE GIRARDEAU, McDONALDS CORPORATION AND JERRY AND JUDITH DAVIS Proceedings of the City Council, City of Cape Girardeau, Mo. Regi�lar S@SSIOCI A rin 1 16, 2001 154 531809 The reading of BILL NO. 2001-79 was approved and the resolution adopted upon Mr. Purcell's motion, Mr. White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-79 is RESOLUTION NO. I 662. BILL NO. 2001-80 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR RODNEY STREET RECONSTRUCTION AND A NEW BRIDGE OVER CAPE LaCROIX CREEK The reading of BILL NO. 2001-80 was approved and the resolution adopted upon Mr. Eggimann's motion, Mr. Pw•cell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-80 is RESOLUTION NO. 1663. BILL NO. 2001-81 was presented as follows: A RESOLUT(ON AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH LAPPE CEMENT FINISHING, INC., FOR THE SOUTHERN EXPRESSWAY EXTENSION, FROM KINGSHIGHWAY TO SILVER SPRINGS ROAD The reading of BILL NO. 2001-81 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. 2001-81 is RESOLUTION NO. I 664. Mr. J. Fred Waltz, Mi•. Mark Seesing, and Mr. Fred Eggley were appointed to the Airport Advisoiy Board for terms expiring April 30, 2004, upon Mr. Hopkins' motion, Mr. Stoffregen's � second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. � I The following liquor licenses were approved upon Mr. Eggimann's motion, Mr. Purcell's second and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. I Sunday sales liquor license for Robert LaGore, Willy's Beach Club LLC d/b/a Willy's Beach ,, Cluh, I N. Main, Robert LaGore, Managing Officer. II Temporary S% beer by the drink license for the American Legion Post 63 of Cape Girardeau 1 for an event to be held June I-3, 2001, at the A. C. Brase Arena Building. � ' Change in managing officer for Outback/Missouri-II d/b/a Outback Steakhouse #2615, 101 Cape West Parkway, to Andrew P. Hancock. � The following liyuor licenses were conditionally approved upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Pt►rcell, Spradling, Stoffregen, White. Nays, none. Retail liyuor by the drink license for .lanet Mae Bierschwal, d/b/a Recovery Room, 161 I � Independence, Janet Mae Bierschwal, Managing Officer. Retail liquor by the drink license for Independence Place, Inc., d/b/a Copa, 701 North Main, i Rick Werner, Managing Officer !i ! I � � ;� Proceedings of the City Council, City of Cape Girardeau, Mo. Re�ular S@SSIOtI_ _ April 16, 2001 155 531809 The following liquor licenses were conditionally renewed upon Mr. Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none S% BPPr by thP Drink: Su Hill d/b/a Manee Thai Food & Noodle, 1315 Broadway, Supaporn Yamklin Hill, Managing Officer Retail Liquor by thP Drink and Sunday Sales: Thomas and King, Inc., d/b/a Applebee's Neighborhood Grill & Bar, 202 S. Broadview, Gretchen Zellmer-Griggs, Managing Officer. Gary J. Helwege, d/b/a B G's Olde Tyme Deli, Inc., 20.5 South Plaza Way, Gary Helwege, Managing Officer Ray Drury, d/b/a Elks Lodge #639, 639 Limbaugh Ln., Ray Drury, Managing Officer Ruby Tuesday, Inc., d/b/a Ruby Tuesday, 3069 William Street, Kevin Patrick O'Connell, Managing Officer. West Park Bowling Lanes, Inc., d/b/a West Park Bowling Lanes, 354 S. Silver Springs, Darryl James, Managing Officer. Original PackagP Liquor and Sunday Sales: Albertson's, Inc., d/b/a Albertson's Express, 2134 Independence, Mark Lamont, Managing Officer Sam's East, Inc. d/b/a Sam's Club #6479, 232 Shirley, Melvin Burkemper, Managing Officer Wal-Mart Stores East Inc. d/b/a Wal-Mart, 3439 William, Charles Bezoni, Managing Officer Original Package Liquor, Sunday Sal.es arcd Wine Tasting: Albert�son's, Inc., d/b/a Albertson's #4740, 2126 Independence, Mark Lamont, Managing Officer Schnuck Markets, Inc., d/b/a Schnucks, 19 S. Kingshighway, Robert Weigert, Managing Officer Mayor Spradling made a motion, seconded by Mr. Stoffregen, to approve the request of Sharon Simpkins to solicit donations on designated city streets for the Brenda Fisher-Baker Fund. Mr. Eggimann expressed opposition to the request, stating that only major groups from Cape Girardeau that benefit the city should be allowed to solicit on city streets. Mr. Purcell requested city staff to develop criteria for requesting and approving the solicitation of donations on city streets. Mr. White stated that in 1988 the City Council had a policy regarding soliciting in city streets; however, he does not know the status of this policy. Mayor Spradling stated that only the YELL campaign and the Knights of Columbus met the policy at that time. Following discussion, the motion failed upon the following vote: Ayes: White. Nays, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen. Mr. Neumeyer made a motion, seconded by Mr. Stoffregen, to accept the recommendation of the Planning and Zoning Commission to deny the request of Jason A. and Amy J. Ledure for a special use permit for firearms sales at 1254 Marilyn Drive in an R-I, single family residential district. The motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. Mr. Whitz made a motion, seconded by Mr. Eggimann, to accept the improvements of Bloomfield Road from Siemers Drive eastward 6,732 lineal feet to west of Kingshighway, the improvements of Silver Springs Road fi•om Bloomfield Road south 580 lineal feet to the existing pavement, and the Bannister Branch detention basin; and to authorize final payment to Fronabarger Concreters, Inc. and Lappe Cement Finishing, Inc., Joint Venture. The motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Nettmeyer, Purcell, Spradling, StoPfregen, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI April lf„ 2001 156 S37809 i There being no further business, the Council adjourned upon Mr. Eggimann's motion, Mr. � Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffi�egen, White. Nays, none. i A. . Spradling, fll, Mayor � l ,.� r��{�y.ii2��_ Gayle . Conrad, City Clerk � � � 4 � � � � , � i± i