HomeMy WebLinkAboutCouncil.Minutes.07-16-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S2SSIOCI July 16, 2001 217
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REGULAR SESSION—JULY 16,2001
Council convened in regular session on Monday, July 16, 2001, at 7:00 p.m. with Mayor Albert
M. Spradling III presiding and Council Members Richard Eggimann, Matt Hopkins, Tom
Neumeyer,Frank Stoffregen and Hugh White present. Jay Purcell was absent.
The invocation was presented by Mr. White, and the Pledge of Allegiance was recited.
The minutes of the July 2, 2001, regular and closed sessions were approved upon Mr. White's
motion, Mr. Eggimann's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer,
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, Spradling, Stoffregen, White. Nays,
none.
Ms. Kathy Fish, real estate agent for Dane Evans, appeared regarding the rezoning of 545 Asher
Street. She stated that a portion of this lot was purchased by MoDOT for the new bridge route,
and the remainder of the lot is not large enough to build a home on. The nature of the
neighborhood has changed with the new bridge route, and the value of the lot is minimal if it
remains residential. She further acknowledged that spot zoning was an issue and stated that if the
requested C-3 zoning is not approved, the owner may request rezoning to M-1 since there is M-1
zoning across the street from the property. Mr. Spradling said that Charles Haubold, Chairman of
the Planning and Zoning Commission, had told the City Council during its study session that the
lot is 7600 square feet with two partial lots. Upon questioning by Mr. Spradling, Ms. Fish stated
that the main lot size is 60' x 100'. Mr. Spradling added that this rezoning would be incompatible
with the residential development in the area and with the block grants which have been used to
renovate many existing homes. There being no further appearances,the hearing was closed.
BILL NO. 2001-122 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 545 ASHER
STREET, CITY AND COUNTY OF CAPE GIRARDEAU,MISSOURI FROM R-3 TO C-3
Mr. Eggimann made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL
NO. 2001-122. The motion failed upon the following vote: Ayes, none. Nays, Eggimann,
Hopkins,Neumeyer, Spradling, Stoffregen,White.
Mr. Don Howard appeared and read a petition on behalf of the residents of the 1100 block of
South Ranney and the 1200 block of South Sprigg stating that city ordinances, especially the
loitering and weed ordinances, are not being enforced in this area. He stated that on the fourth of
July there was a large gathering of people shooting fireworks at each other and at buildings, and
there was not adequate police response. In addition, he had reported that May Green School may
have been on fire, and a police officer, instead of the fire department, responded. He continued
that this type of response will not be tolerated and he may proceed with legal action against the
city.
Mr. Stoffregen questioned Mr. Howard on the type of language he uses when he calls the police
department and when he is dealing with the children in his neighborhood. He told Mr. Howard
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular SgSSIOCI July 16, 2001 218
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,; that$e felt many of his phone aal�s to t�ie�department are nuisance calls, and many of the problems �
!i he is having in his neighborhood may be due to his actions. I�
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�; Mayor Spradling read a report from the patrolman who responded to Mr. Howard's complaints on ':
;; the fourth of July on South Ranney. He stated that if the report is accurate, Mr. Howard's actions ��
i' are contributing to many of his problems. He suggested to Mr. Howard that he treat his neighbors
�� better to improve his circumstances.
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`' Mr. Thomas Given, 1013 South Ranney, appeared and discussed the children shooting fireworks
;; at each other on the fourth of July. He said the children were not controlling where the fireworks
i� were going, and one landed on his neighbor's front porch. He expressed concern that if this �s
�j continues, someone may eventually lose their home. �!
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�! T'he following bills were given second and third readings: E!
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�i BILL NO. 2001-134 AN ORDINANCE VACATING THE CITY'S INTEREST IN A (�
;! UTILITY POLE EASEMENT AT 1721 CRESTWOOD, 1N THE CITY Fj
;j OF CAPE GIRARDEAU,MISSOURI �I
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;i BILL NO. 2001-135 AN ORDINANCE ESTABLISHING THE BOUNDARIES OF ;j
'i LATERAL SEWER DISTRICT NO. 16-G, A SUBDNISION OF `j
�; TRLTNK SEWER DISTRICT NO. 16, IN THE CITY OF CAPE
�i GIRARDEAU,MISSOURI i;
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BILL NO. 2001-136 AN ORDINANCE AMENDiNG CHAPTER 30 OF THE CODE OF �I
' ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, !I
'' BY CHANGING THE ZONING OF THE SOUTHWEST CORNER OF ,I
;i THE INTERSECTION OF SOUTH SILVER SPRINGS ROAD AND ��
� SHAWNEE PARKWAY, CITY AND COUNTY OF CAPE I;
�� GIRARDEAU,MISSOURI FROM R-1 TO G2 ji
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yj BILL NO. 2001-137 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF �'
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ti
'I BY CHANGING THE ZONING OF 611 SOUTH SPRIGG STREET, !�
CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R- ;.�
3 TO G1
BILL NO. 2001-138 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF
ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ;;
BY CHANGING THE ZONING OF 61 NORTH CLARK AVENUE, '�
ii CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-
;! 4 TO M-1
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j� BILL NO. 2001-139 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE ;i
;� GMAC PONTIAC, INC., DARRELL BROWN, MARILYN la
;! SINGLETON AND CHARLEEN BACK, FOR PURPOSES OF '3
i; CONSTRUCTING, MAINTAINING AND OPERATING A +!
ij TELECOMMUNICATION FLAGPOLE AND AN EQUIPMENT �
�� BUILDING FOR SOUTHWESTERN BELL WIRELESS AT 755 '
SOUTH KINGSHIGHWAY, 1N THE CITY AND COUNTY OF CAPE ';
�� GIRARDEAU,MISSOURI ��
R�
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S2SSIOn July 16, 2001 219
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BILL NO. 2001-140 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO
RUPERT C. MEYER, HELEN V. MEYER, THOMAS L. MEYER,
HELEN M. MEYER AND THE METROPOLITAN COMMUNITY
CHiJRCH OF SOUTHEAST MISSOURI, FOR PURPOSES OF
CONSTRUCTING, MAINTAINING AND OPERATING A CHURCH
AND CHURCH RELATED WORK AT 833 NORTH SPANISH
STREET, IN THE CITY AND COUNTY OF CAPE GIltARDEAU,
MISSOURI
BILL NO. 2001-141 AN ORDINANCE AUTHORIZING THE MAYOR OF THE CITY OF
CAPE GIRARDEAU, MISSOURI, TO EXECUTE A LETTER OF
1NTENT WITH THE COUNTY OF CAPE GIRARDEAU, MISSOURI
AND CITY OF JACKSON, MISSOURI, RELATING TO THE
CONTINUED PARTICIPATION IN THE I-55 JACKSON/CAPE
GIRARDEAU CORRIDOR PROJECTS AGREEMENT
BILL NO. 2001-142 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL
SEWER DISTRICT NO. 14-1-D-5, A SUBDNISION OF TRUNK
SEWER DISTRICT NO. 14-1-D, APPROVING THE PLANS AND
AUTHORIZING THE CONSTRUCTION OF A SYSTEM OF
SANITARY LATERAL SEWERS IN LATERAL SEWER DISTRICT
NO. 14-1-D-5, UNDER A PRNATE CONTRACT SUBJECT TO
CERTAIN PROVISIONS, 1N THE CITY OF CAPE GIRARDEAU,
MISSOURI
BILL NO. 2001-143 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247
OF THE CITY CODE, ESTABLISHING NO PARKING ON CLARK
AVENUE, IN THE CITY OF CAPE GIRARDEAU,MISSOURI
The second and third readings of BILL NOs. 2001-134, 2001-135, 2001-136, 2001-137, 2001-
13 8, 2001-139, 2001-140, 2001-141, 2001-142, and 2001-143 were approved and the ordinances
adopted upon Mr. White's motion, Mr. Eggimann's second, and the following vote: Ayes,
Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen, White. Nays, none. Mayor Spradling
abstained for financial reasons on BILL NO. 2001-140. BILL NO. 2001-134 is ORDINANCE
NO. 2907; BILL NO. 2001-135 is ORDINANCE NO. 2908; BILL NO. 2001-136 is
ORDINANCE NO. 2909; BILL NO. 2001-137 is ORDINANCE NO. 2910; BILL NO. 2001-138
is ORDINANCE NO. 2911; BILL NO. 2001-139 is ORDINANCE NO. 2912; BILL NO. 2001-
140 is ORDINANCE NO. 2913; BILL NO. 2001-141 is ORDINANCE NO. 2914; BILL NO.
2001-142 is ORDINANCE NO. 2915; BILL NO. 2001-143 is ORDINANCE NO. 2916.
BILL NO. 2001-149 was given first reading as follows:
AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS AND TEMPORARY
CONSTRUCTION EASEMENTS FROM DRURY LAND DEVELOPMENT CORPORATION,
DRURY DEVELOPMENT CORPORATION, DSW DEVELOPMENT CORPORATION,
BLUFF CITY BEER COMPANY, AND EUGENE AND MARSHA HOLLOWAY FOR THE
WIDENING OF SIMERS DRNE BETWEEN CAMPSTER DRNE AND BLOOMFIELD
ROAD
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular S@SSIOCI July 16, 2001 220
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The irsf reading of BILL NO. �001-14� was approved upon NIr. Eggimann's motion, 1VIr. ;!
i! Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, �;
'; Stoffregen,White. Nays,none. !{!
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" BILL NO. 2001-151 was given first reading as follows: {'
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i; AN ORDINANCE ACCEPTING A TEMPORARY CONSTRUCTION EASEMENT FROM '�
;; GREATER CAPE GIRARDEAU AREA BENEVOLENT ASSOCIATION TO CONSTRUCT A
'� RAIL SPUR IN THE GREATER CAPE GIRARDEAU AREA INDUSTRIAL PARK
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k! The first reading of BILL NO. 2001-151 was approved upon Mr. Hopkins' motion, Mr. ;;
�` Neume er's second and the followin vote: A es E mann Ho kins Neume er Stoffre en ;I
�. Y , g Y , g� � P , Y � S , ,
�' White. Nays,none. Mayor Spradling abstained for financial reasons. '�
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+� BILL NO. 2001-152 was given first reading as follows: i!
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; AN ORDINANCE APPROVING THE RECORD PLAT OF McDONALD'S SUBDNISION j{
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;i The first reading of BILL NO. 2001-152 was approved upon Mr. Stoffregen's motion, Mr. !;
±; White's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, 4I.
�i Stoffregen, White. Nays,none. ��
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'� BIL,L NO. 2001-150 was presented as follows: i;
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;�; A RESOLUTION ADOPTING A NEW CITY COUNCIL POLICY REGARDING PAID FIRE i
�;; PROTECTION OUTSIDE CITY LIMITS (�
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;; The reading of BII,L NO. 2001-150 was approved and the resolution adopted upon Mr. ;I
�; Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
i! Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-150 is RESOLUTION ';
;; NO. 1689.
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� BILL NO. 2001-153 was presented as follows:
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A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, ACCEPTING '�
FUNDING FROM THE STATE OF MISSOURI, COMMUNITY DEVELOPMENT BLOCK �`'
GRANT PROGRAM, FOR THE RENAISSANCE AIRCRAFT INDUSTRIAL PROJECT AND ;J
;! AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT AND '�
;; LOAN DOCUMENTS
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`� The reading of BILL NO. 2001-153 was approved and the resolution adopted upon Mr. '
�' ':�
;; Eggimann's motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins,
�f Neumeyer, Spradling, Stoffregen, White. Nays, none. BILL NO. 2001-153 is RESOLUTION ;
�� N0. 1690. ��
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;� Mr. Hopkins made a motion, seconded by Mr. Eggimann, to conditionally approve a retail liquor ��
�� by the drink license for Rodney Pobst d/b/a Players, 113 Broadway, Rodney Pobst Managing �i
�� Officer. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins, ",i
!! Neumeyer, Spradling, Stoffregen, White. Nays,none. ;j
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Proceedings of the City Council, City of Cape Girardeau, Mo.
Reunlar S@SSIOtI July 16, 2001 221
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Mr. White made a motion, seconded by Mr. Hopkins, to conditionally approve a retail liquor by
the drink license for Fred Glueck, d/b/a Players Bar LLC, 632 Broadway, Fred Glueck, Managing
Officer. The motion was approved upon the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Spradling, Stoffregen, White. Nays, none. Mayor Spradling abstained for financial
reasons.
The effluence from a private sanitary sewer line serving Phase III of the Lutheran Home was
accepted into the city's system upon Mr. Neumeyer's motion, Mr. Hopkins' second, and the
following vote: Ayes, Eggimann,Hopkins,Neumeyer, Spradling, Stoffregen, White. Nays,none.
The improvement plans for streets, storm sewers and sanitary sewers to serve McDonald's
Subdivision in Sewer District 6-G were approved upon Mr. Eggimann's motion, Mr. Hopkins'
second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling, Stoffregen,
White. Nays,none.
Mayor Spradling stated that discussion regarding the placement of signs on city right-of-way was
held during the study session.
There being no further business, the Council adjourned upon Mr. Neumeyer's motion, Mr.
Eggimann's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Spradling,
Stoffregen,White. Nays,none.
A. . Spradling III,Mayor
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� 'J° �1 C,;��;!.��'
Gay e L. nrad, City Clerk