HomeMy WebLinkAboutCouncil.Minutes.07-06-2010.RegularProceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 6, 2010 HH -95
E909420JB
REGULAR SESSION — JULY 6, 2010
The Cape Girardeau City Council convened in regular session on Tuesday, July 6, 2010, at 7:00
p.m., with Mayor Harry E. Rediger presiding and Council Members Mark Lanzotti, Meg Davis
Proffer, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present.
Reverend Robert Towner, of the Christ Episcopal Church, presented the invocation, and the
Pledge ofAllegiancewas recited
Prior to the regular session, the City Council convened in closed session for purposes of discusing
personnel, property acquisition, and confidential communication with the City Attorney pursuant
to RSMo. Sections 610.021 (1), (2) and (3) upon Mr. Lanzotti's motion, Mrs. Proffer's second,
and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays,
none.
A motion to remove agenda Item No. 7, an Ordinance appropriating funds, from the Consent
Agenda and to approve the agenda as amended was approved upon Mr. Voss' motion, Mr.
Lanzotti's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan,
Tracy and Voss. Nays, none.
COMMUNICATIONS/REPORTS
Mayor Rediger reminded everyone of the upcoming Study Session scheduled for Thursday, July 8,
2010, at the Osage Community Centre where gaming companies will make presentations to the
City Council. No public input will be permitted at the meeting, but citizens are encouraged to
attend.
Mayor Rediger then commended the Cape Girardeau Police Department and the Major Case
Squad on their handling and resolution to the recent murder on North Park Street. Police Chief
Carl Kinnison gave the Council a summary of the incident and thanked the Major Case Squad,
including 35 investigators from several counties, for their assistance.
PUBLIC HEARINGS
This being the date set for a public hearing regarding revisions to three sections of the City
Development Code, including general provisions, exterior lighting and off-street parking and
loading, the hearing was opened. There being no appearances, the hearing was closed. Mayor
Rediger stated that the proposed Ordinance would be forthcoming from the Planning and Zoning
Commission and presented to the Couicil at a future meeting.
This being the date set for a public hearing regarding the request of Kerry Smith and Tiin Smith
for a special use permit for a mix of commercial and residential uses for the property located at
260 North Middle Street, the hearing was opened. The City Planner's Council Letter in the
agenda packet presented for the record a certified copy of the following items: (1) Section 30-401
entitled "Special Use Regulations" from the City Code; (2) the application for special use permit;
and (3) the application file.
Kerry and Tim Smith appeared before the Council in support of the request and to address the
concerns of neighbors relating to the service of alcohol, parking, and noise that were brought up at
the Planning and Zoning Commission meeting. The live entertainment will mostly be acoustic
music once a week, between about 7:00 p.m. — 11:00 p.m. with films shown throughout the rest of
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 6, 2010 HH -96
the week. All events will be indoors, except for some smoking tables outside. Mr. Smith noted
that they would also be living on the second floorof the premises He said that they currently have
an operation in Farmington and operate a coffeehouse.
Ms. Margaret Browning, of 724 Watkins Drive, addressed the Council with concerns about the
requested special use permit and said that she has owned an apartment building at 419 Bellevue
Street since the 1970's. Ms. Browning asked what the Ordinance would say if it were approved,
and she asked if the Smiths would be able to use the building for other commercial uses if this
business doesn't work out. She expressed concerns about loud music and noise, and she asked if
the Smiths would be able to increase the live music entertainmentto more than once a week. Ms.
Browning said that granting their request for a special use permit would bring noise, cars and trash
to the area.
Mayor Rediger answered that the Smiths have requested a special use permit, so they cannot
change the intended use of the property. Mr. Voss noted that the current special use permit
application permits music events seven days a week, but it could be amended to limit that number
since the applicant indicated that the music will be hosted only one time a week. Ms. Browning
said that the Planning and Zoning Commission told her to call the Police Department if she had a
noise complaint.
There being no further appearances, the hearing was closed.
BILL NO. 10-88 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO MYRLE MALONE,. TIM
SMITH AND KERRY SMITH FOR THE PURPOSE OF MAINTAINING AND OPERATING
A MIX OF RESIDENTIAL AND COMMERCIAL USES AT 260 NORTH MIDDLE STREET,
IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Lanzotti asked what the RUMD (Residential Urban Mixed Density) District meant. Mr. Ken
Eftink, Director of Development Services, stated that the RUMD is a newly created zoning district
for mixed use, and it is specific to this part of Cape Girardeau, along Bellevue Street. Properties in
the area had previously been zoned as commercial before the new zoning code. This new zoning
designation allows the City Council to place restriaions on the use of property.
Mr. Voss asked whether amending the special use permit application to limit the number of days
as a music venue would change the business plan or be an unnecessary hardship for the owner.
Mrs. Smith answered that one time a week is all they intend to have music entertainment. Mrs.
Proffer asked how the term "music entertainment" would be defined, and whether it would include
an "open mic" night? Mrs. Smith responded that they will have hired music only, and they will
never have music entertainment more than twice in a week. Mr. Lanzotti suggested that the
amendment should restrict thenumber of days for music per month instead of per week.
Mr. Voss made a motion, seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 10-
88. -Mrs. Tracy made a motion, seconded by Mr. Lanzotti, to amend the special use permit to
restrict live music venues to 10 events per month. The amending motion was approved upon the
following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
The original motion was approved as amended upon the following vote: Ayes, Lanzotti, Proffer,
Rediger, Schneider, Swan, Tracy and Voss. Nays, none.
Proceedings of the City Council, City of Cape Girardeau, Mo.
Regular Session July 6, 2010 HH -97
II Mr. Voss encouraged the Smiths to share their business plans for the property with their neighbors
and to address their concerns.
APPEARANCES
Mr. Doug Austin, of 758 Woodbine Place, appeared before the Council on behalf of the Quality of
Life in Cape Girardeau Committee. He said that a second group of petitions containing 1,541
additional notarized signatures will be given to the City to place the riverboat gambling issue
before the voters in the November election. Petitions with a total of 3,080 signatures will be
presented to have this quality of life issue placed on the ballot.
Mr. Pat Wissman, a Cape Girardeau County resident and Democratic candidate for Presiding
Commissioner in the upcoming election, addressed the Council. He said that the Quality of Life in
Cape Girardeau Committee claims not to be opposed to gambling, yet it has made efforts to place
this issue on the ballot. He asked why the names of the 37 churches purported to have assisted in
this effort have not been released to the public. Mr. Wissman said that it took the County Clerk's
office 50 hours to validate the first 1,500 signatures. He also noted that the City of Cape
Girardeau must pay to place the issue on the November ballot and that the Quality of Life in Cape
Girardeau Committee is costing the City money. The Quality of Life in Cape Girardeau
Committee should donate money to the County to help pay for Melaina's Magical Playland and to
the City for park improvements, in an amount equal to the amount it is costing the City to put the
gaming issue on the ballot.
Mr. Jay Purcell, 2"d District Associate Commissioner and Republican candidate for Presiding
Commissioner in the upcoming election, addressed the Council. He said that county residents'
taxes pay for County Clerk's office staff, and as long as the gaming license issue is on the general
election ballot, there will be a nominal cost. He expressed concerns about previous lawsuits
involving the City, and he discussed other issues he felt weren't appropriate for City government.
Ms. Sirena Bridwell, 109 Mill Street, appeared before the Council regarding Margarita Mamas on
North Main Street. She said that she had spoken with both Chief Kinnison and Assistance Police
Chief Roger Fields about Margarita Mamas staying open for business at all hours of the night,
having "kool-aid," parties. Margarita Mamas has a business license, she said, but not a license to
sell alcohol. On Friday, July 2, 2010, there were 43 cars outside Margarita Mamas with people
paying $5.00 each to attend this "kool-aid" party. Ms. Bridwell said that Mr. Benjamin Burch, the
Managing Officer, still had alcohol on the premises
Chief Kinnison replied that there was some confusion on the matter, but it is illegal for Margarita
Mamas to be open if there is any consumption of alcohol of any kind, and also if an admission fee
was charged. If either allegation could be proved, Mr. Burch could be prosecuted. Mayor Rediger
suggested Ms. Bridwell make an appointment with Chief Kinnison and speak directly with him
about the situation.
Mr. Harry Probst, of 701 North Spanish Street, appeared before the Council regarding Margarita
Mamas. He said that on Friday and Saturday people were waiting in the street to enter Margarita
Mamas. These people said they were allowed to carry alcohol inside and drink in the premises.
Mr. Meyer encouraged Mr. Probst to mntact Chief Kinnison about the issue.
Mr. Don Howard, 1100 Ranney Avenue, addressed the Council and said he has been working to
clean up his neighborhood. He encouraged residents not to vote for the Transportation Trust
Fund -4 (TTF-4). He said that an aircraft manufacturer owes the City $500,000, and the citizens
Proceedings of the City Council, City of Cape Girardeau, Mo.
RColdar Session duly 6, 2010 HH -9g
are paying for this with their taxes. The City needs to be better stewards of taxpayer money, he
said, and take care of this bad debt. Mayor Rediger replied that the City has been working on that
issue weekly, and it doesn't relate to the TTF-4 tax. Mr. Howard said that the money used on the
aircraft manufacturer's bad debt could be used fund road improvements instead of approving
another road tax.
CONSENT AGENDA
A motion was made by Mrs. Schneider and seconded by Mrs. Tracy to approve the following
items on the Consent Agenda:
Approval of the June 21, 2010, City Council regularand closed session minutes.
BILL NO. 10-83, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO
EXECUTE A CONTRACT WITH THE CAPE GIRARDEAU COUNTY TRANSIT
AUTHORITY FOR PUBLIC TRANSPORTATION SERVICES. Second and Third
Readings.
BILL NO. 10-77, AN ORDINANCE APPROVING THE RECORD PLAT OF A
RESUBDIVISION OF LOTS 13, 14 & 15, ARBOR HEIGHTS SECOND ADDITION.
Second and Third Readings.
BILL NO. 10-82, AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM THE
MISSOURI DEPARTMENT OF TRANSPORTATION FOR A PORTION OF RIGHT-OF-
WAY ALONG ROUTE W TO THE CITY OF CAPE GIRARDEAU, MISSOURI. Second
and Third Readings.
BILL NO. 10-85, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE A SUBORDINATION AGREEMENT FOR A SECOND DEED OF TRUST
FOR PROPERTY OWNED BY R.A. HUGGINS APARTMENTS, LLC, LOCATED AT 403
SOUTH PACIFIC STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading
and Passage.
BILL NO. 10-87, A RESOLUTION AUTHORIZING THE CITY MANAGER TO ACCEPT
A GRANT FROM THE MISSOURI DEPARTMENT OF NATURAL RESOURCES
DRINKING WATER REVOLVING FUND, FOR WATER SYSTEM ENGINEERING
SERVICES, AND TO EXECUTE ALL NECESSARY GRANT DOCUMENTS. Reading
and Passage.
BILL NO. 10-86, A RESOLUTION AUTHORIZING THE CITY MANAGER TO
EXECUTE AMENDMENT NO. 2 TO A GENERAL ENGINEERING SERVICES
AGREEMENT WITH HORNER AND SHIFRIN, INC. FOR WATER SYSTEM
ENGINEERING SERVICES, IN THE CITY OF CAPE GIRARDEAU, MISSOURI.
Reading and Passage.
Approval of a retail liquor by the drink license for Glinda L. Seabaugh, d/b/a Mississippi Mud
House, 811 Broadway, Glinda Seabaugh, Managing Officer.
The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss. Nays, none. BILL NO. 10-83 is ORDINANCE NO. 4135; BILL NO. 10-
77 is ORDINANCE NO. 4136; BILL NO. 10-82 is ORDINANCE NO. 4137; BILL NO. 10-85 is
Proceedings of
the City Council,
City of
Cape Girardeau, Mo.
Regular
Session
July 6,
2010 HH -99
E909420JB
RESOLUTION NO. 2546; BILL NO. 10-87 is RESOLUTION NO. 2547; and BILL NO. 10-86 is
RESOLUTION NO. 2548. 11
ITEMS REMOVED FROM CONSENT AGENDA
The following bill was given second and third readings:
BILL NO. 10-84 AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING
EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL
EXPENDITURES, AND TRANSFERS FOR THE FISCAL YEAR
ENDING JUNE 30, 2010, IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
The second and third readings of BILL NO. 1484 were approved and the Ordinance adopted upon
Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer,
Rediger, Schneider, Swan, Tracy and Voss. Nays, none. BILL NO. 10-84 is ORDINANCE NO.
4138. Mayor Rediger stated that the new copy of the Ordinance distributed included a change to
Article 1, the Parks and Recreation General Fund, from $37,500 to $46,000. Mr. Meyer said that
the change included end of year expenses in the park fund.
NEW ORDINANCES
BILL NO. 10-89 was given first reading as follows:
AN ORDINANCE READOPTING SECTIONS 2-76 TO 2-83 OF THE CITY CODE
RELATING TO CONFLICTS OF INTEREST
The first reading of BILL NO. 10-89 was approved upon Mrs. Schneider's motion, Mrs. Proffer's
second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and
Voss. Nays, none.
There being no further business, the City Council adjourned at 8:00 p.m. upon Mr. Lanzotti's
motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,
Swan, Tracy and Voss. Nays, none.
a I/
arty E. R Iger, yor
AA P � '&
Gayle 0 Conrad, City derk
Proceedings of the City Council, City of Cape Girardeau, Mo.
Session
THIS PAGE INTENTIONALLY LEFT BLANK.