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Home My WebLink AboutCouncil.Minutes.06-04-2001 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOn June 4, 2001 193 531809 REGULAR SESSION—JLTNE 4, 2001 Council convened in regular session on Monday, June 4, 2001, at 7:00 p.m. with Mayor Pro Tempore Richard Eggimann presiding and Council Members Matt Hopkins, Tom Neumeyer, Jay Purcell, Frank Stoffregen and Hugh White present. Mayor Albert M. Spradling III was absent. ° The invocation was presented by Rev. Paul Kabo of First Presbyterian Church, and the Pledge of Allegiance was recited. The minutes of the May 21, 2001, regular and closed sessions were approved upon Mr. Stoffregen's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. This being the date set for a public hearing regarding the proposed annual Operating Budget for fiscal year beginning July I, 2001, the hearing was opened. There being no appearances, the hearing was closed. This being the date set for a public hearing regarding the request of St. Francis Medical Center to rezone 21I St. Francis Drive from R-1, single family residential district, R-4, multiple family residential district, and G I, local commercial district, to G2, general commercial district, the hearing was opened. Mr. Dusty Rhodes, Vice President of Administrative Services for the hospital, appeared and stated the hospital is planning to construct a sign at the intersection of Silver Springs Road and Gordonville Road. It is necessary to rezone this area for the sign; and, therefore, the hospital is requesting the entire grounds be rezoned to prevent spot zoning. Upon questioning by Mr. Hopkins, Mr. Rhodes stated that the hospital does not presently have plans for the parcel of land adjacent to the R-I property. Ms. Nancy Browne of the Limbaugh Law Firm appeared on behalf of ten property owners adjacent to the proposed rezoning. Seven of the ten property owners were present, as well as four additional property owners in the area. She explained that all of the property owners are opposed to the rezoning but only one appeared at the Planning and Zoning meeting. This was due to the fact they did not understand from the notice received from the city that the proposed rezoning would affect their property. The letter simply listed the address of the hospital and did not include a map of the area to be rezoned. She requested that approximately seven acres adjacent to the R-I zoning not be rezoned to C-I. Mr. Joe Coad appeared and stated he has been a resident in the area for more than 20 years, and the land in the center of a residential area should not be rezoned to commercial property. Dr. Gordon Haycraft, 2922 Parkwest Heights, appeared and stated he supported St. Francis Hospital but does not feel it would be in the best interest of the neighborhood to rezone the property adjacent to the residential area. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOt1 .Tune 4, 2001 194 531809 Mr. Paul Gilbert, 17 Schonhoff, appeared and stated that the residential property owners in the � area made a proposition to the hospital to purchase this land; however, the hospital indicated this could not be completed within the time frame of the zoning process. Ms. Marsha Southard Ritter appeared and stated she did not oppose the entire St. Francis project I but felt the area abutting the R-I property should remain green space for the wildlife. She � suggested the hospital could use the property for a walkway or retreat area, and this can be done without rezoning the property. Dr. C. John Ritter appeared and stated that there is a large ditch on this portion of the St. Francis property and he did not feel that the hospital could develop this area. Mr. Dusty Rhodes again stated that the property adjacent to the R-I was purchased by the hospital to benefit the hospital. With the topography of the land, it was his opinion that this would be the last place the hospital would develop, and the hospital would probably agree to a buffer between any proposed development and the residential area. There being no further appearances, the hearing was closed. BILL NO. 2001-110 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 21I ST. FRANCIS DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-I, R-4 AND G I TO G2 Mr. Hopkins made a motion, seconded by Mr. Stoffregen, to approve the first reading of BILL NO. 2001-I 10. Mr. Purcell made an amending motion, seconded by Mr. Stoffregen, to remove the property adjacent to the R-I property from the rezoning. Following discussion by the Council, the amending motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. � Mr. Ne�uneyer requested that on notices for special use permits and rezoning that a more specific description be provided instead of just the address, especially when the request includes several I acres. He also stated that the notice could possibly include a map of the area. il �f Mr. Don Howard appeared in opposition to the increase in the water and trash rates. He stated I� that it was his impression from the newspaper articles that the city was raising rates just to balance � j the budget. He thanked Mr. Eggimann and Mr. Purcell for standing up for the people in south I Cape. Mr. Hopkins stated that he went on a ride along with the Police Department over the past weekend, and he commended the department employees on their professionalism and work habits. All matters encountered were handled very well. Mr. Neumeyer included that he also went on a ride along, and the officers were courteous and worked very hard. The following bills were given second and third readings: � I ;� Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SS1011 June 4, 2001 195 531809 BILL NO. 2001-100 AN ORDINANCE APPROPRIAT[NG FUNDS FOR CAPE GIRARDEAU SCHOOL DISTRICT NO. 63, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 2001-101 AN ORDINANCE APPROVING THE RECORD PLAT OF MITCHELL K[NDER FIRST TOWNHOUSES BILL NO. 2001-102 AN ORD[NANCE APPROVING THE RECORD PLAT OF MID CITY BUSINESS CENTRE SECOND SUBDIVISION BILL IVO. 2001-103 AN ORDINANCE APPROV[NG THE RECORD PLAT OF UNIVERSAL REAL ESTATE INC., TOWNHOUSE NO. I BILL NO. 2001-104 AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE KINGSHIGHWAY/COMMERCfAL STREET CHANNEL CONSTRUCTION PROJECT The second and third readi ngs of BI LL NOs. 200 I-I 00, 200 I-I 0 I, 200 l-102, 2001-103, and 2001- 104 were approved and the ordinances adopted upon Mr. White's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-100 is ORDINANCE NO. 2890; BILL NO. 2001-101 is ORDINANCE NO. 2891; BILL NO. 2001-102 is ORDINANCE NO. 2892; BILL NO. 2001-103 is ORDWANCE NO. 2893; BILL NO. 2001-104 is ORDINANCE NO. 2894. BILL NO. 2001-108 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS FOR THE DEMOLITION OF DANGEROUS BUILDINGS UNDER THE PROVIS[ONS OF CHAPTER 7 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE G[RARDEAU The first reading of BILL NO. 2001-108 was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. � BILL NO. 2001-109 was given first reading as follows: AN ORDINANCE AUOPTWG THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1, 2001 Mr. Hopkins made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO. 2001-109, Mr. Purcell made a motion, seconded by Mr. Stoffregen, to amend the budget by including $16,000 from the contingency fund for a snow plow at the airport. Mr. Neumeyer explained that this amount is the city's portion of a 90/10 federal grant for the plow. The amending motion was approved upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-I 1.5 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI .Tune 4, 2001 196 531809 AN ORDINANCE AMENDING CHAPTER 22 OF THE CITY CODE RELATING TO SOLID WASTE FEES The first reading of B[LL NO. 2001-I IS was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mr. Eggimann explained that the average increase in a residential utility bill will be $.40 per month. This is a 2.76% increase, compared to a 2.5% increase in the inflation rate. BILL NO. 2001-I 16 was given first reading as follows: AN ORDINANCE AMENDING SECTION 29-302 OF THE CITY CODE RELAT[NG TO WATER RATES The first reading of BILL NO. 2001-I16 was approved upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffi�egen, White. Nays, none. Mr. Eggimann explained that the average increase for a residential customer will be $.32 per month, an increase of two percent. BILL NO. 2001-I I I was given first reading as follows: AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE WILLIAM STREET IMPROVEMENT PROJECT The first reading of BILL NO. 2001-III was approved upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffi•egen, White. Nays, none. BILL NO. 2001-I 13 was given first reading as follows: AN ORDINANCE ACCEPTING PERMANENT EASEMENTS FROM JIM MAUER, MANAGING PARTNER OF JJP [NVESTMENTS AND THE BOARD OF REGENTS FOR SOUTHEAST MISSOURI STATE UNIVERSITY FOR I.,IMITED MAfNTENANCE OF A STORMWATER BOX CULVERT EXTENSION The first reading of BILL NO. 2001-I 13 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-120 was given first reading as follows: AN ORDINANCE ACCEPTING A SPECIAL WARRANTY DEED FROM UNION ELECTRIC COMPANY, A MISSOURI CORPORATION D/B/A AMEREN UE, FOR RIGHT-OF-WAY I FOR THE WALKER BRANCH PORT►ON OF THE CAPE LACROIX CREEK/WALKER � BRANCH FLOOD CONTROL PROJECT � ; The first reading of BILL NO. 2001-120 was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. � � �i i Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI June 4, 2001 197 531809 BILL NO. 2001-I 12 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A HOUSING AGREEMENT WITH THE HUMANE SOCIETY OF SOLITHEAST MISSOURI The reading of BILL NO. 2001-112 was approved and the resolution adopted upon Mr. Stoffregen's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-I 12 is RESOLUTION NO. 1671. BILL NO. 2001-I 14 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AMENDMENT TO A GENERAL SERVICES CONTRACT WITH BOWEN ENGINEERING AND SURVEYING, INC., FOR THE RODNEY STREET BRIDGE AND RECONSTRUCTION PRO.IECT The reading of BILL NO. 2001-114 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-1 l2 is RESOLUTION NO. I 672. BILL NO. 2001-I 17 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" PROGRAM AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING FOR A NEIGHBORHOOD REHABILITATION PROJECT The reading of BILL NO. 2001-117 was approved and the resolution adopted upon Mr. Neumeye►•'s motion, Mr. Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-I 17 is RESOLUTION NO. 1673. Mr. Eggimann reviewed the area of the city that will be covered under this program. BILL NO. 2001-I 18 was presented as follows: A RESOLUT[ON AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH J & M DISPLAYS, INC. FOR A FIREWORKS DISPLAY The reading of BILL NO. 2001-I 18 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-I 18 is RESOLUTION NO. 1674. Mr. Eggimann announced there would be a fireworks display on the Cape Girardeau riverfront on July 4, 2001. BILL NO. 2001-I 19 was presented as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S2SSIOCI .Tune 4, 2001 19g S31809 A RESOLUTION AUTHORIZING APPUCATIONS TO THE MISSOURI DEPARTMENT OF SOCIAL SERVICES UNDER THE EMERGENCY SHELTER GRANT PROGRAM, FOR � SAFE HOUSE FOR WOMEN, INC. AND THE SALVATION ARMY, AND AUTHORIZING � THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 2001-119 was approved and the resolution adopted upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyei•, Stoffregen, White. Nays, none. Mr. Purcell abstained for financial reasons. BILL NO. 2001-I 19 is RESOLUTION NO. 1675. BILL NO. 2001-121 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO ENTER INTO A CONTRACT FOR AUDITING SERVICES WITH KERBER, ECK & BRAECKEL, LLP The reading of BILL NO. 2001-121 was approved and the resolution adopted upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-121 is RESOLUTION NO. 1676. Ms. Julie Kolb was appointed to the Historic Preservation Commission for a term expiring April 16, 2004, upon Mr. Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mr. Anton Sebek was appointed to the Board of Appeals for a term expiring June 4, 2006, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Mr. Jamey Howard Hall and Mr. Steve Simmons were appointed to the Ethics Commission for terms expiring June 16, 2006, upon Mr. Neumeyer's motion, Mr. Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. The following liquor licenses were renewed upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. 3.2% Non-Intoxicating Beer by t�te Drink R&V Enterprises, Inc. d/b/a Pagliai's Pizza, 1 129 Broadway, Ronald F. Bohnert, Managing Officer Retaid Li�uor by the Drink Janet Mae Bierschwal, d/b/a Recovery Room, 1611 Independence, Janet Mae Bierschwal, ! Managing Officer. � Retall Liquor by the Drink and Sunday SalPs Edwin E. Rhodes d/b/a VFW Post 3838, 1049 N. Kingshighway, Edwin E. Rhodes, Managing Officer The following liquor licenses were conditionally renewed upon Mr. Neumeyer's motion, Mr. � Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Original Pac%c�ge Liquor and Sunday Sales: American Retail Services LLC, d/b/a Wink's Convenience Store, 2021 Perryville Rd., Jeffrey H. Holzum, Managing Officer !i � Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOtI June 4, 2001 199 S31809 American Retail Services LLC, d/b/a Wink's Convenience Store, 2861 Themis, Jeffrey H. Holzum, Managing Officer American Retail Services LLC, d/b/a Wink's Keg Shop, 1803 Independence, Jeffi�ey H. Holzum, Managing Officer Anna Ernestine Kidd d/b/a Kidd's, 1325 Broadway, A. Ernestine Kidd, Managing Officer Anna Ernestine Kidd d/b/a Kidd I[, 103 N. Kingshighway, A. Ernestine Kidd, Managing Officer Food Giant Supermarkets, Inc. d/b/a Food Giant #73, I 120 N. Kingshighway, Ronnie J. Watkins, Managing Officer Martin & Bayley, Inc. d/b/a Hucks Food Store #271, 3S3 S. Kingshighway, Robert Craig Scheafnocker, Managing Officer The following liquor licenses were conditionally renewed upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffi�egen, White. Nays, none. Original Package S% Beer Dwight R. Gates d/b/a Dwight's Town Plaza Amoco, 2148 William, Dwight R. Gates, Managing Officer 3.2% Non-lntoxicating Beer by thP Drink Dwayne Severs, d/b/a Pizza Hut, 215 S. Kingshighway, Dwayne Severs, Managing Officer Retaid Liquor by the Drink Patricia A. Allen d/b/a Celebrations, 615 Bellevue, Patricia A. Allen, Managing Officer Phillip Brinson d/b/a Cape Girardeau Brewing Co., 132 N. Main and 133 N. Water, Phillip A. Brinson, Managing Officer Jaynne Brown d/b/a Ed's Bar, 519 Good Hope, Jaynne Brown, Managing Officer Drury Lodge Inc. d/b/a Drury Lodge, 3624 William, Larry Dean Welker, Managing Officer Craig Horky d/b/a Daytimers Lounge, 829 S. Kingshighway, Craig Horky, Managing Officer Independence Place, Inc. d/b/a Independence Place, 5 S. Henderson, Ricky L. Werner, Managing Officer Leliva Motel and Management d/b/a Town House Inn, 505 N. Kingshighway, Florentyna Migon, Managing O�cer Michael C. Schmidt d/b/a The Playdium, 1127 Broadway, Michael Schmidt, Managing Officer N. Louise Weber d/b/a Pockets, 2021 [ndependence, N. Louise Weber, Managing Officer Mark Weber d/b/a Rude Dog Pub, l23 N. Main, Mark Weber, Managing Officer The following liquor licenses were conditionally renewed upon Mr. Purcell's motion, Mr. Neumeyer's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. Retaid Liquor by thP Drink and Sunday Sales Cape Girardeau Country Club Trust d/b/a Cape Girardeau Country Club, 250 Country Club Drive, Cynthia Ann Hawke, Managing Officer Kingfood Enterprises Inc. d/b/a EI Chico, 202 S Mt. Auburn, Theophire Chamakala, Managing Officer MidAmerica Hotels Corp. d/b/a Holiday Inn Complex, Route K and I-SS, Daniel Marion Drury, Managing Officer Somchai Prasanphanich, d/b/a Pagoda Gardens, 329 S. Kingshighway, Somchai Prasanphanich, Managing Officer Proceedings of the City Council, City of Cape Girardeau, Mo. Regular S@SSIOCI Tune 4, 2001 200 531809 WirolPsalers of Malt Liquor Not in ExcPss of S% Bluff City Beer Co., Inc., 4S0 Siemers Drive, William H. Bess I1, Managing Officer Thilenius Distributing Co. d/b/a River Eagle Distributing Co., 2346 Rust Ave., Gene h Patterson, Managing Officer IThere being no further business, the Council adjourned upon Mr. Hopkins' motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell, Stoffregen, White. Nays, none. t �� =��``"`'�a-t,.�-� Richard L. Eggimann, Mayor Pro-Tempore �.. � , , �r Y` Gayle L.,'` onrad, City Clerk !i � � '. �; I�