HomeMy WebLinkAboutCouncil.Minutes.05-21-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI Ma.y 21, 2001 171
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REGLJI.AR SESSION—MAY 21, 2001
Council convened in regular session on Monday, May 21, 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. Barry Pfanstiel of Good Shepherd Lutheran 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 personnel matters upon Mr. Hopkins' motion, Mr. Stoffregen's second, and the
following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to approve the minutes of the May 7,
2001, regular and closed sessions. Mayor Spradling made a motion, seconded by Mr. Purcell, to
amend the minutes relating to the public hearing on the Birtlu•ight Center by changing the name of
Judy Beussink to Judy Seabaugh and including additional information presented by Deanna Long
during her discussion. 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.
The agenda was adopted as distributed upon Mr. Purcell's motion, Mr. Neumeyer's second, and
the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White.
Nays, none.
Mayor Spradling welcomed Boy Scout Troop 2 from Grace United Methodist Church who were
attending the City Council meeting as part of their Merit Badge.
This being the date set for a public hearing regarding the City's submission of an application to the
State of Missouri for the Community Development Block Grant Program for funding for the Good
Hope-Jefferson Neighborhood Restoration Project, the hearing was opened. Mr. Steve Williams
of the City's Planning Services Office presented information on the application. He reviewed the
area of the city that will be covered under the grant. There will be 22 homes remodeled, I
housing assistance grant, and six homeowners classes, for a total of $477,800. The city's cash
match will be $166,I S2, and the non-cash match will be $59,939. The total project cost is
$703,891. Mr. Williams asked if anyone wished to appear regarding the City's CDBG program
or the application. He also announced there would be a second public hearing on May 24 at the
Salvation Army. There being no further appearances, the hearing was closed.
Ms. Jane Randol Jackson appeared on behalf of the Lewis and Clark Bicentennial Commission in
support of the Red House Interpretive Center Project.
BILL NO. 2001-106 was presented as follows:
A RESOLUT(ON OF THE CITY OF CAPE GIRARDEAU, MISSOURI, AUTHORIZING
APPLICATION TO THE LEWIS AND CLARK BICENTENNIAL COMMISSION OF THE
MISSOURI DEPARTMENT OF NATURAL RESOURCES CORPS OF DISCOVERY GRANT
PROGRAM FOR THE RED HOUSE INTERPRETIVE CENTER PROJECT
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOtI Mav 21, 2001 172
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� The reading of BILL NO. 2001-106 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-106 is
RESOLUTION NO. 1669.
Mr. Bill Beggs appeared on agenda item number 28 relating to a rezoning request at the southwest
corner of South Silver Springs Road and Highway 74 (Shawnee Parkway). He stated that this
would be spot zoning, and since Southeast Missouri Hospital purchased property in the area, he
would prefer to have more green space. In addition, Mr. Wessell's property adjoins this proposed
area, and he has expressed interest in donating a portion of his land to the city as a park. Upon
questioning by Mr. Purcell, City Planner Kent Bratton explained that the eastern portion of the
mobile home park property is zoned MH-I and the western portion of the property is zoned C-3
with a special use permit for a mobile home park. Mr. Wilver Wessell stated he felt this property
needs to remain as green space along Highway 74. In addition, he stated the city needs to find the
money to purchase the 4..5 acres proposed to be rezoned to add to his property and develop a
nature park.
Mr. Andy Wallace of The Rebel Group appeared in support of the rezoning request. He stated the
area would be developed as business space.
Mr. Eggimann made a motion, seconded by Mr. Hopkins, to refer to the Planning and Zoning
Commission the re-application of Paul E. Statler Trust and The Rebel Group, LLC to rezone the
southwest corner of the intersection of South Silver Springs Road and Highway 74 (Shawnee
Parkway) from R-I, single family residential district, to G2, general commercial district.
Following comments by the City Council, the motion was approved upon the following vote:
Ayes: Eggimann, Hopkins, Purcell, Spradling, Stoffregen, White. Nays, Neumeyer.
Mr. Larry Underberg appeared and stated he had come before the Council in April of 2001
regarding a special use permit application for a cell tower on Thomas Drive. He explained he felt
the notification of the hearing was inadequate and suggested the followin� changes, especially
� relating to cell towers: (I) Put a crane or fly a balloon at the site and at the height of the proposed
tower and advertise the hearing on the radio; (2) give absolute preference to carriers that co-locate
on another cellular antenna; (3) require the applicant to calculate the amount of radiation to the
nearest residential neighbor; (4) prohibit a cell tower within 2000 feet of an area that houses a full
time population, such as a school, hospital or residential neighborhood; (.5) require the applicant to
provide a map of the gap in cellular coverage. In addition, he suggested that all adjoining property
owners, and then their adjoining property owners, be notified of all applications. Mayor Spradling
responded that the City Council discussed notification alternatives in the study session and are
reviewing these. Upon questioning by Mr. Eggimann, City Manager Michael Miller stated that
� the Planning and Zoning Commission is reviewing issues relating to cell towers and wil) be �
i reporting back to the Council.
I� �I Mr. John Seabaugh appeared and questioned when there would be a stop light or roundabout
I installed at the intersection of Sprigg and Normal. Mayor Spradling responded that the issue of a �
roundabout at this intersection has been eliminated, and the stop lights are a joint project with the �
University. Mr. Seabaugh then stated that the city health department has responded to nuisance
complaint�ti in the 400 block of Washington and the S00 block of North Middle; however, nothing
has been done.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI Mav 21, 2001 173
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Mr. Don Howard appeared and complained of high weeds on Sturdivant and in the 800 block of
Ranney, and the city is not responding. He continued that the Police Department is not handling
his complaints regarding loud music in his neighborhood. He stated that he had received no
response from Cpt. Steve Strong and was only able to speak with the City Manager for a very
short time.
Mr. Purcell questioned what the south side group is doing to combat noise, nuisance and other
problems in the south side of the city and expressed concerns that the city is not enforcing present
ordinances that could handle these matters. Mayor Spradling explained that the south side group
meets monthly at the Salvation Army and is developing strategies to handle these issues.
Neighborhood watch programs are the best way to handle these problems; however, the residents
on South Middle have not developed a watch. Mr. Eggimann stated the Police Department needs
to enforce city ordinances and follow procedures to handle complaints. He felt that ordinances
were not being enforced the same in all parts of the city, and this needs to be corrected. The
Police Department needs to develop a positive, ongoing approach to handle complaint�s.
The following bills were given second and third readings:
BILL NO. 2001-90 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM
M. DALE BEAIRD AND JANIE M. BEAIRD, FOR IMPROVEMENTS
IN GOLDEN EAGLE SUBDIV[SION
BILL NO. 2001-93 AN ORD[NANCE AMENDING SCHEDULE C OF SECTION 26-121
OF THE CITY CODE, BY REPEALING STOP SIGNS ON HOPPER
ROAD, HIGHLAND DRIVE, HUNZE DRIVE, GLENVIEW DR(VE
AND PHEASANT COVE, AND BY PLACING STOP SIGNS ON OLD
HOPPER ROAD, HUNZE DRIVE, GLENVIEW DRIVE, PHEASANT
COVE, STAC PO[NTE AND HIGHLAND DRIVE, IN THE CITY OF
CAPE G[RARDEAU, MISSOURI
BILL NO. 2001-94 AN ORDINANCE ACCEPTING A WATER LINE EASEMENT FROM
DRURY SOUTHWEST, INC. AND A GENERAL WARRANTY
DEED FROM DSW DEVELOPMENT CORPORATION FOR A
PORTION OF RICHMOND DRNE, ALL FOR IMPROVEMENTS TO
SERVE CAPE WEST MOBILE HOME PARK
BILL NO. 2001-95 AN ORDINANCE VACATING THE CITY'S INTEREST IN A
PORTION OF HELENA STREET RIGHT-OF-WAY, IN THE CtTY
OF CAPE GIRARDEAU, MISSOURI
BILL NO. 2001-96 AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCT[ON
EASEMENT FROM TIMBERLINE INTERNATIONAL FOREST
PRODUCTS, INC. FOR ACCESS TO CONSTRUCT A RAIL SPUR IN
THE NASH ROAD INDUSTRIAL PARK
BfLL NO. 2001-98 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE C[TY CODE, ESTABL(SHING NO PARKING ON WILLIAM
STREET AND ON BESSIE STREET, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S2SS1011-__ 1VIay 21, 2001 7�
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BILL NO. 2001-99 AN ORDINANCE AMENDING SECTION 15-16 OF THE CITY
CODE RELATING TO SELLWG OR SOLICITING
CONTRIBUTIONS ON CITY STREETS
The second and third readings of B[LL NOs. 2001-90, 2001-93, 2001-94, 2001-95, 2001-96,
2001-98 and 2001-99 were approved and the ordinances 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. 2001-90 is ORDINANCE NO. 2882;
BILL NO. 2001-93 is ORDINANCE NO. 2883; BILL NO. 2001-94 is ORDINANCE NO. 2884;
BILL NO. 2001-95 is ORDINANCE NO. 2885; BILL NO. 2001-96 is ORDINANCE NO. 2886;
BILL NO. 2001-98 is ORDINANCE NO. 2887; BILL NO. 2001-99 is ORD[NANCE NO. 2888.
BILL NO. 2001-100 was given first reading as follows:
AN ORD[NANCE APPROPRIATING FUNDS FOR CAPE GIRARDEAU SCHOOL DISTRICT
NO. 63, IN THE CITY OF CAPE GIRARDEAU, MISSOURI
The first reading of BILL NO. 2001-100 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. 2001-101 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF MITCHELL KINDER FIRST
TOWNHOUSES
The first reading of BILL NO. 2001-101 was approved upon Mr. Neumeyer's motion, Mr.
Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, Spradling, White. Nays, none.
BILL NO. 2001-102 was given first reading as follows:
�
AN ORDINANCE APPROV(NG THE RECORD PLAT OF MID CfTY BUSINESS CENTRE
SECOND SUBDIVISION
The first reading of BILL NO. 2001-102 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. 2001-103 was given first reading as follows:
AN ORDINANCE APPROVING THE RECORD PLAT OF UNIVERSAL REAL ESTATE
INC., TOWNHOUSE NO. I !
I I
The tirst reading of BILL NO. 2001-103 was approved upon Mr. Purcell's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, Spradling, White. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Re�ular S@SSIOn May 21, 2001 175
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BILL NO. 2001-104 was given first reading as follows:
AN ORD[NANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE
K[NGSHIGHWAY/COMMERCIAL STREET CHANNEL CONSTRUCTION PROJECT
The first reading of BILL NO. 2001-104 was approved upon Mr. White's motion, Mr. Purcell's
� second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen,
Spradling, White. Nays, none.
BILL NO. 2001-10,5 was given first reading as follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE C1TY CODE,
BY REPEALINC STOP SIGNS ON HOPPER ROAD AND MT. AUBURN ROAD, AND
AMENDWG SCHEDULE E OF SECTION 26-283 BY ENACTING A FOUR-WAY STOP AT
MT. AUBURN ROAD AND HOPPER ROAD, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Mr. Stoffregen made a motion, seconded by Mr. Hopkins to approve the first reading of BILL
NO. 2001-IOS. Mr. Stoffregen made an amending motion, seconded by Mr. Eggimann, to
declare BILL NO. 2001-105 an emergency measure, to give it second and third readings and adopt
the ordinance. The amending motion was approved upon the following vote: Ayes: Eggimann,
Hopkins, Neumeyer, Plircell, 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. City Attorney Eric Cunningham gave BILL
NO. 2001-105 the second and third readings. The second and third readings of BILL NO. 2001-
105 were approved and the ordinance adopted upon Mr. Stoffregen's motion, Mr. Eggimann's
second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none. BILL NO. 2001-105 is ORDINANCE NO. 2889.
Mr. Stoffregen made a motion, seconded by Mr. Eggimann, directing city staff to paint
crosswalks at the fow• way intersection of Hopper and Mount Auburn Roads. The motion was
approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
BI LL NO. 2001-107 was presented as follows:
A RESOLUTION AUTHORIZING THE C[TY MANAGER TO EXECUTE A LICENSE AND
INDEMNITY AGREEMENT WITH EVELYN M. WALKER, TO PLACE CERTAIN
IMPROVEMENTS ON CITY RICHT-OF-WAY AT 1903 BROADWAY
The reading of BILL NO. 2001-107 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Pw•cell, Spradling, Stoffregen, White. Nays, none. BILL NU. 2001-107 is RESOLUTION NO.
1670.
Ms. Lynette Shirrell was appointed to the Historic Preservation Commission for a term expiring
April 16, 2003, upon Mr. White's motion, Mr. Purcell's 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.
Re,g��lar S@SSIOCI May 21, 2001 176
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A temporary liquor license for Cape Girardeau Aircraft Owners and Pilots Club for an event to be
held at the Cape Girardeau Regional Airport on July 13-IS, 2001, was approved upon Mr.
Eggimann's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffregen, White. Nays, none.
The following new liquor licenses were conditionally approved upon Mr. Stoffregen's motion, Mr.
Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffi•egen, White. Nays, none.
Ret�til liquor by the drink and Sunday sales license for S. Stock LLC, d/b/a Broussard's, 120 N.
Main, Stephanie Rana Melvin Stockard, Managing Officer.
Original package liquor and Sunday sales license for Phillip T. McClellan, d/b/a CRS, 102
Mason, Phillip Ted McClellan, Managing Officer
Original package liquor and Sunday sales license for Semo Gas, Inc., d/b/a Street Station, I 101
William, Toni Majeed, Managing Officer
The following liquor licenses were conditionally renewed upon Mr. White's motion, Mr. Hopkins'
second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
Original Packc�g�Li�uor and Sunday SalPs:
Bi-State Oil Co., d/b/a Bi-State Southern, 920 N. Kingshighway, Robert P. Blank, Managing
Officer
Bi-State Oil Co., d/b!a Bi-State Southern, 400 Morgan Oak, Robert P. Blank, Managing
Officer
� Original Package Li�uor
�� Yusra Yunis, d/b/a U Kwick Stop, 1700 Broadway, Yusra Yunis, Managing Officer
S% BP�r hy thc�Drink
Chan Po Chun, d/b/a Chan's, I 159 N. Kingshighway, Chan Po Chun, Managing Officer
Salamy Twins, Inc., d/b/a Phoenicia Restaurant, 1000 N. Sprigg, Emad Salamy, Managing
� Officer
S% Bc�c�r hy titr�drink and Sunday Sczlc�s
ICape Girardeau Missouri Parks Development Foundation d/b/a Shawnee Park Sports
Complex, I IS7 S. West End Boulevard, Daniel D. Muser, Managing Officer
Re�ail Li�uor by thP Drink and Sunday Sa1Ps
Outback/Missouri-II Limited Partnership, d/b/a Outback Steakhouse #2615, 101 Cape West
Parkway, Andrew P. Hancock, Managing Officer
Mr. Eggimann made a motion, seconded by Mr. Stoffregen, to accept the recommendation of the
Planning and Zoning Commission to file the request of Elsworth and Flossie Marie Statler and
Lisa Martin for a special use permit for placing a 60 foot by 28 foot manufactured home at 2299
Boutin 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. White made a motion, seconded by Mr. Neumeyer, to accept the recommendation of the
Planning and Zoning Commission to file the reyuest of Michael F. and Dawn Kirby to rezone z
2613 Perryville Road from R-I, single family residential district, to R-4, multiple family �
residential district, and for a special use permit for a community unit plan for the complex at the
same location. The motion was approved upon the following vote: Ayes: Eggimann, Hopkins,
Neumeyer, Purcell, Spradling, Stoffi•egen, White. Nays, none.
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SQSSIOCI Mav 21, 2001 177
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Mr. Eggimann made a motion, seconded by Mr. Neumeyer, to accept the recommendation of the
Planning and Zoning Commission to file the request of Dane Evans to rezone .545 Asher Street
from R-3, two family residential district, to C-3, central business district. The motion was
approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Spradling,
Stoffregen, White. Nays, none.
Regarding the roundabout at the intersection of Gordonville Road and Silver Springs Road, Mr.
Stoffregen stated that the City Council is looking into alternatives for this intersection.
There being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr.
Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays, none.
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A. M. Spradling, [ll, Mayor
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Gayle L. Conrad, City Clerk