HomeMy WebLinkAboutCouncil.Minutes.09-04-2001 Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION—SEPTEMBER 4,2001
Council convened in regular session on Monday, September 4, 2001, at 7:00 p.m. with Mayor Pro
Tem 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. Robert Wright, Vineyard Christian Fellowship Church, and
the Pledge of Allegiance was recited.
The City Council convened in closed session prior to the regular session for purposes of discussing
confidential or privileged communications with its attorney pursuant to RSMo. Section 610-
021(1), upon Mr. Stoffregen's motion, Mr. Hopkins' second, and the following vote: Ayes:
Eggimann, Hopkins,Neumeyer,Purcell, Stoffregen,White. Nays,none.
The minutes of the August 20, 2001, regular and closed sessions were approved upon Mr.
Neumeyer's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer,Purcell, Stoffregen,White. Nays,none.
The agenda was adopted as distributed upon Mr. Purcell's motion, Mr. Hopkins' 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 issuance of tax-exempt
certificates of participation in a principal amount not to exceed $2,750,000 to finance a portion of
the costs of a project to be leased to Renaissance Aircraft, LLC, the hearing was opened. Mr.
Mark Grimm, bond council for the transaction, stated that the city will be issuing certificates of
participation for tax exempt bonds for a 60,000 square foot building to sublease to Renaissance
Aircraft to manufacture aircraft. The bonds will be payable from rental payments received from
Renaissance. There being no further appearances,the hearing was closed.
This being the date set for a public hearing regarding the request of Assembly of God Church and
the Cape Area Family Resource Center, Inc. for a special use permit for the operation of a Family
Resource Center at 1202 South Sprigg, the hearing was opened. Ms. Edythe Davis, President of
the Board of the Family Resource Center, appeared and stated that the facility needed a larger
building and intended on expanding its services. She explained to the Council several of the
center's programs. There being no further appearances,the hearing was closed.
BILL NO. 2001-181 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FIRST ASSEMBLY OF
GOD CHURCH AND THE CAPE AREA FAMILY RESOURCE CENTER, 1NC., FOR
PURPOSES OF MAINTAINING AND OPERATING A FAMILY RESOURCE
CENTER AT 1202 SOUTH SPRIGG STREET, IN THE CITY AND COUNTY OF
CAPE GIIZARDEAU, MISSOURI
The first reading of BILL NO. 2001-181 was approved upon Mr. Stoffregen's motion, Mr.
White's second, and the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell,
Spradling, Stoffregen, White. Nays,none.
Mr. Neumeyer announced that the Missouri State H.O.G. Rally will be held this weekend in Cape
Girardeau. A parade will take place on Saturday and culminate with a party in downtown Cape.
He encouraged everyone to welcome all of the Harley riders to the city.
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Ms. Barbara Schlue, 323 Good Hope, appeared in opposition to a liquor license request at the
former Taste Lounge at 402 Good Hope. She stated that she did not feel new management would
be able to correct the problems at the location because they have gone on too long, and the same �
people would frequent the bar. The lives and the well-being of the residents would be at stake,
and the city would be asking the police officers to put their lives in danger. She continued that the
last two months have been a joy compared to the last eleven years. She asked the Council to make
a wise decision to bring sanity back to the area and deny the request. Upon questioning by Mr.
Neumeyer, Ms. Schlue explained that she lives across the street within 200 feet of the location,
and her family has lived there over 80 years. Since the bar has closed, there have not been the
drug sales, traffic, loitering, gun fighting, double parking, or problems that came with the Taste.
Speaking on behalf of the neighbors, she stated it is not fair to ask them to live in these types of
conditions, and the area needs to be made all residential.
Ms. Kim Dodson, 300 Good Hope, appeared and explained that she has lived near the former
Taste Lounge for about one year. Since the bar closed, it has been much quieter, and there has
been less activity on the street. When the Taste would close at 1:30 a.m., there would be chaos in
the neighborhood, including conversing, hollering, loitering, littering and other disturbances. She
stated that she did not think a new bar would be any different than the Taste because the same
people would come and do business there. In addition, it took a long time for the City Council to
close the Taste Lounge. She did not want to go through the problems again, and it may take a long
time for the Council to take action again if there were problems. The proposed bar is too close to a
residential area, and she requested it not be approved.
Ms. Lavonne Jones appeared and explained that she owns 25 rental units on Lorimier Street near
the former Taste Lounge. When the bar was open, the tenants would continually complain about
the noise, broken bottles and other problems, and she had difficulty keeping tenants. She stated
that she was told that many patrons of the bar were teenagers, and this encourages the youth to go
off the wrong track. Since the bar has been closed, residents are not so negative about the area,
and more children are playing in the yards.
Ms. Danna Cotner appeared and stated she lives on William Street next to Indian Park two blocks
from the former Taste Lounge and the biggest problem for her was the noise from the bar, which
would travel down the old railroad tracks. Since the bar has been closed, cars no longer cruise all
night long and there has been a decrease in the number of prostitutes. If the bar is allowed to be
reopened, there needs to be more policing and enforcement of the noise ordinance, as well as
checks of the occupancy load at the bar. She continued that Ed's Bar is also located in this area;
however, it does not draw the type of crowd that the Taste did. The Taste Lounge attracted people
who were not residents in the area, and they had no sense to be considerate of the neighbors.
Upon questioning by Mr. Neumeyer, Ms. Cotner stated that the owner of the Taste did show
cooperation and tried to work to reduce the number of problems at the bar; however, he was not
able to handle it and the problems continued.
� Ms. Denise Reddin, 320 Good Hope, lives with her grandfather J. T. Nelson. Her grandparents
� operated People's Cafe and Bar at the same location of the old Taste Lounge for over 30 years, and
they always kept the trash picked up along Good Hope that could have come from their business. i
Since the Taste closed, the neighborhood is quiet and there is less trash to pick up. She stated that
it is not a black and white issue but an issue of who is patronizing the business. She continued that
she is not against Mr. Pryor or anyone who wants to open the bar, but she preferred a business not
be opened there.
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Mr. Jeff Darnell, 213 S Lorimier, appeared and stated that since the Taste closed, the
neighborhood has been quiet, the drug activity has decreased, there is less trash to clean up, and
not a lot of people have been hanging out. He stated he felt there should be an ordinance to keep
bars from opening near residential areas. Upon questioning by Mr. Neumeyer, Mr. Darnell
explained that when the bar was open, you could not drive down the street in front of the bar
because a large number of people would be in the street, and people would approach your car to
buy drugs or for prostitution. Cars would cruise the area and people would walk the streets yelling
just to make noise.
Mr. Eggimann asked if Sheila Brown was present at the meeting and to come forward. Ms. Brown
was not present.
Mr. Hopkins' made a motion, seconded by Mr. Eggimann, to conditionally approve a retail liquor
by the drink license for Modern Day Veterans 307, d/b/a Phoenix, 402 Good Hope, Sheila A.
Brown, Managing Officer. Mr. Purcell commented that a large number of people in the
neighborhood have offered reasons not to approve this license, and no one has appeared requesting
to approve the license. He stated he did not feel satisfied that if a bar was reopened in this location
that the applicant could operate a clean, orderly, legitimate business, and it would be a detriment to
the neighborhood. Mr. White stated that he was not satisfied that anyone who opened a bar in this
location, with the history and problems that it has, could operate a business successfully and not
experience the same problems that it previously had. Mr. Stoffregen stated that since the bar
closed, he rode with a police officer on a Saturday night in this neighborhood, and he noticed the
lack of people standing on the streets, and it was very quiet and peaceful. The previous action of
the City Council to close the Taste Lounge made a big impact on the neighborhood, and the
residents in the neighborhood are entitled to this peace and quiet. Mr. Pryor worked hard to keep
the activities at the bar under control;however,he could not and did not believe anyone else would
have any better luck than he did. Mr. Hopkins stated he could see a positive impact in the
neighborhood, and he wants to see the neighborhood to continue to develop in a positive manner.
. Mr. Neumeyer asked for a show of hands from the audience of who came to oppose the bar, and a
large group raised their hands. When he asked for a show of hands of who attended to support the
bar, there were none. He stated that when this location was People's Cafe, it was an enjoyable
neighborhood;however, since it has been the Taste Lounge,the neighborhood has suffered. When
the Taste was open, there was a plague of pimps, prostitutes and pushers. Mr. Pryor still owns the
building, and he felt the problems would continue or get worse. If there was an incident at the bar,
many times every police officer on duty would have to respond, leaving the rest of the city
unprotected. He stated that he did not feel a clean, orderly business could be established at this
location. Following comments by the Council,the original motion failed upon the following vote:
Ayes: none. Nays, Eggimann, Hopkins,Neumeyer, Purcell, Stoffregen, White.
Mr. Hopkins stated that on September 20 there will be a public hearing at the Osage Community
Centre regarding the draft Master Drainage Plan for the city. This plan includes the
Ranchito/Peach Tree drainage area, and he encouraged residents to attending the hearing.
The following bills were given second and third readings:
BILL NO. 2001-170 AN ORDINANCE AMENDING SECTION 15-16 OF THE CITY
CODE, RELATING TO PROHIBITING SELLING OR SOLICITING
CONTRIBUTIONS ON PUBLIC STREETS, 1NTERSECTIONS OR
SIDEWALKS
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BILL NO. 2001-172 AN ORDINANCE APPROVING THE RECORD PLAT OF
SHERWOOD VALLEY SUBDIVISION
BILL NO. 2001-173 AN ORDINANCE APPROVING THE RECORD PLAT OF t
WOODLAND PLACE SUBDNISION NUMBER 10
BII.,L NO. 2001-177 AN ORDINANCE APPROVING THE RECORD PLAT OF
UNIVERSAL REAL ESTATE INCORPORATED FIRST
TOWNHOUSES -AMENDED
BILL NO. 2001-175 AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR KENT
DRIVE FROM THE EXITING PAVEMENT IN WOODLAND HILLS
SUBDIVISION TO LEXINGTON AVENUE, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE
OF SPECIAL TAX BILLS THEREFOR
BII.,L NO. 2001-178 AN ORDINANCE APPROVING THE DELIVERY OF $2,645,000
PRINCIPAL AMOUNT OF CERTIFICATES OF PARTICIPATION
(CITY OF CAPE GIRARDEAU, MISSOURI, AIRPORT FACII.ITIES
PROJECT), SERIES 2001A, AND $150,000 PRINCIPAL AMOLTNT
OF TAXABLE CERTIFICATES OF PARTICIPATION (CITY OF
CAPE GIRARDEAU, MISSOURI AIIZPORT FACII.ITIES PROJECT),
SERIES 2001B, FOR THE PURPOSE OF PROVIDING FUNDS TO
PAY THE COSTS OF A PROJECT FOR RENAISSANCE AIRCRAFT
LLC; AUTHORIZING THE APPROVAL AND APPROVING
CERTAIN DOCUMENTS IN CONNECTION WITH THE DELIVERY
OF THE CERTIFICATES; AND AUTHORIZING CERTAIN OTHER
ACTIONS IN CONNECTION WITH THE DELNERY OF THE
CERTIFICATES
Mr. Neumeyer made a motion, seconded by Mr. Purcell to approve the second and third readings
of BILL NOs. 2001-170, 2001-172, 2001-173, 2001-177, 2001-175, and 2001-178 and adopt the
ordinances. Mr. Purcell made an amending motion, seconded by Mr. White to table the second
�� and third readings of BILL NO. 2001-173 to the September 17, 2001, City Council meeting. The
amending motion was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays, none. Mr. White made a motion, seconded by Mr. Hopkins, to
amend BILL NO. 2001-178 by changing the amount of the certificates of participation from
$2,645,000 to $2,665,000. The amending motion was approved upon the following vote: Ayes:
Eggimann, Hopkins,Neumeyer, Purcell, Stoffregen, White. Nays,none. The original motion was E
' approved as amended upon the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none. BILL NO. 2001-170 is ORDINANCE NO. 2930; BILL NO.
2001-172 is ORDINANCE NO. 2931; BILL NO. 2001-177 is ORDINANCE NO. 2932; BILL
NO. 2001-175 is ORDINANCE NO. 2933; BILL NO. 2001-178 is ORDINANCE NO. 2934.
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The final payment to Lappe Cement Finishing, Inc. for the improvement of Kent Street from the
existing pavement in Woodland Hills Estates to Lexington Avenue was approved upon Mr.
White's motion, Mr. Hopkins' second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer,Purcell, Stoffregen,White. Nays,none.
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BILL NO. 2001-179 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 16-33 OF THE CITY CODE, RELATING
TO MOTORCYCLES SAFETY TRUST FUND
The first reading of BILL NO. 2001-179 was approved upon Mr. Hopkins' motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen, White. Nays, none. Mr. Eggimann explained that the purpose of this ordinance is to
bring the City Code in line with State Statute.
BILL NO. 2001-180 was given first reading as follows:
AN ORDINANCE AMENDING CHAPTER 16 AND CHAPTER 24 OF THE CITY
CODE TO REMOVE THE WORDS "STREET FOREMAN"
The first reading of BILL NO. 2001-180 was approved upon Mr. Purcell's motion, Mr.
Stoffregen's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer, Purcell,
Stoffregen,White. Nays,none.
BILL NO. 2001-185 was given first reading as follows:
AN ORDINANCE AMENDING THE BOUNDARIES OF WARDS l, 2, 3,4, 5 AND 6 OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, IN RESPONSE TO THE YEAR 2000
DECENNIAL CENSUS
Mr. White made a motion, seconded by Mr. Neumeyer, to approve the first reading of BILL NO.
2001-185. Mr. Purcell made a motion, seconded by Mr. Neumeyer, to amend the ordinance by
changing the boundaries of Wards 2 and 3 to run from William Street down Louisiana Street to
Bloomfield Road, then down Bloomfield Road to Minnesota Avenue. 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. Neumeyer
explained that it was necessary to adjust the ward boundaries for the 2000 population census. Mr.
Purcell commended City Planner Kent Bratton for the work in aligning the ward boundaries.
BILL NO. 2001-182 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
WRECKER SERVICE AGREEMENT WITH A&A TOWING, A DNISION OF CAPE
AUTO POOL
The reading of BILL NO. 2001-182 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. 2001-182 is RESOLUTION NO. 1699.
BILL NO. 2001-183 was presented as follows:
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A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
CONSULTING AGREEMENT WITH EPIC SYSTEMS, INC., FOR FOUR
WASTEWATER PUMP STATION SITES FOR THE SCADA REMOTE
MONITORING SYSTEM
The reading of BILL NO. 2001-183 was approved and the resolution adopted upon Mr. Purcell's
motion, Mr. Neumeyer's second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays,none. BILL NO. 2001-183 is RESOLUTION NO. 1700.
BILL NO. 2001-184 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE
SUPPLEMENT NO. 2 TO THE MASTER SITE LEASE, WITH THE FEDERAL
AVIATION ADMINISTRATION, AT THE CAPE GIlZARDEAU REGIONAL
AIRPORT
T'he reading of BII.L NO. 2001-184 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Stoffregen, White. Nays, none. BII,L NO. 2001-184 is RESOLUTION NO.
1701.
BILL NO. 2001-187 was presented as follows:
RESOLUTION APPROVING A PROJECT OF THE CITY OF CAPE GIlZARDEAU,
MISSOURI, TO BE LEASED TO RENAISSANCE AIRCRAFT LLC.
The reading of BILL NO. 2001-187 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. BII.L NO. 2001-187 is RESOLUTION NO. 1702.
BILL NO. 2001-188 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A
COMMUNITY DEVELOPMENT BLOCK GRANT ADMINISTRATION CONTRACT
WITH THE SOUTHEAST MISSOURI REGIONAL PLANNING AND ECONOMIC
DEVELOPMENT COMMISSION FOR THE RENAISSANCE AIRCRAFT ACTION
FLTND LOAN PROJECT
The reading of BILL NO. 2001-188 was approved and the resolution adopted upon Mr. Purcell's
� motion, Mr. Hopkins' second, and the following vote: Ayes, Eggimann, Hopkins, Neumeyer,
Purcell, Stoffregen, White. Nays,none. BILL NO. 2001-188 is RESOLUTION NO. 1703.
BILL NO. 2001-186 was presented as follows:
� A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN
AIRPORT GROUND LEASE WITH LEGEND AIRWAYS OF COLORADO, LLC,
FOR A HANGAR AT THE CAPE GIlZARDEAU REGIONAL AIRPORT
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The reading of BILL NO. 2001-186 was approved and the resolution adopted upon Mr.
Neumeyer's motion, Mr. Purcell's second, and the following vote: Ayes, Eggimann, Hopkins,
Neumeyer, Purcell, Stoffregen, White. Nays, none. BILL NO. 2001-186 is RESOLUTION NO.
1704.
Mr. Joe Burton was appointed to the Board of Appeals for a term expiring June 4, 2003, upon Mr.
Hopkins' motion, Mr. Stoffregen's second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer,Purcell, Stoffregen, White. Nays,none.
A temporary 5% beer by the drink license for City of Roses Music Heritage Association for an
event to be held September 28-30, 2001, in Riverfront Park, Dennis R. Cain, Managing Officer,
was approved upon Mr. Stoffregen's motion, Mr. Neumeyer's second, and the following vote:
Ayes: Eggimann,Hopkins,Neumeyer,Purcell, Stoffregen,White. Nays,none.
A 5°/a beer by the drink license for Richard A. Siebert, d/b/a Breadeaux Pizza, 1455 North
Kingshighway, Richard A. Siebert, Managing Officer, was conditionally approve upon Mr.
Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes: Eggimann, Hopkins,
Neumeyer,Purcell, Stoffregen,White. Nays,none.
Mr. Purcell made a motion, seconded by Mr. Hopkins, to accept into the city's system the
improvements under the Cape Rock Water Treatment Plant expansion and alluvial well field
construction, well drilling phase I, contracts CR-3 and CR-3A, and to authorize final payment to
Brotcke Well and Pump, Inc. for both contracts. Following discussion by the Council, the motion
was approved upon the following vote: Ayes: Eggimann, Hopkins, Neumeyer, Purcell, ,
Stoffregen,White. Nays,none.
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,
Stoffregen,White. Nays,none.
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�chard L. Eggimann, yor Pro Tem
Gayle L. Conrad, City Clerk