HomeMy WebLinkAboutCouncil.Minutes.09-04-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo.
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REGULAR SESSION—SEPTEMBER 4,2007
The Cape Girardeau City Council convened in regular session on Tuesday, September 4, 2007, at
7:00 p.m., with Mayor Jay B. Knudtson presiding and Council Members Charlie Herbst, Loretta
Schneider, Debra Tracy and John Voss present. Matt Hopkins and Marcia Ritter were absent.
Reverend Bob Towner of Christ Episcopal Church presented the invocation, and the Pledge of
Allegiance was recited.
Prior to the regular session,the City Council convened in closed session for purposes of discussing
property acquisition, litigation, confidential communications with the City Attorney and personnel
pursuant to RSMo. Sections 610.021(1), (2)and (3)upon Mr. Voss' motion,Mr. Herbst's second,
and the following vote: Ayes,Herbst,Knudtson, Schneider, Tracy and Voss. Nays, none.
The minutes of the August 20, 2007, regular and closed sessions were approved upon Mr. Voss'
motion, Mrs. Tracy's second, and the following vote: Ayes, Herbst, Knudtson, Schneider, Tracy
and Voss. Nays, none.
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to adopt the agenda. The motion was
approved upon the following vote: Ayes, Herbst, Knudtson, Schneider, Tracy and Voss. Nays,
none.
COUNCIL COMMUNICATIONS
Mr. Mitch Robinson, Executive Director of the Cape Girardeau Area MAGNET Association,
presented an award honoring the NARS Call Center as being the recipient of the Governor's 2007
Community Project of the Year Award.
Mayor Knudtson announced that the Cape Girardeau Music Heritage Association will hold its
annual Musicfest this weekend,and the Southeast Missouri District Fair will begin on Saturday.
PUBLIC HEARINGS:
This being the date set for a public hearing regarding a petition for voluntary annexation from
Ruth Ann Norman and Earl H.Norman for a 135 acre tract of land located adjacent to the southern
city limits south of Bloomfield Road at Benton Hill Road, 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 Family Video to rezone
property at 1330 Broadway from R-2, Single-Family Residential District to C-1, Local
Commercial District, and to grant a special use permit for the operation of a commercial building
and parking lot at 506 West End Boulevard, 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 30-39 entitled "Special Use Regulations" from the City Code; (2) the application for
special use permit; and (3) the application file. Mr. Roy Williams, Vice President of Family
Video, appeared in support of the request and to answer questions. He explained that the present
building will be torn down, and a new 7200 sq. ft. building will be constructed which will face
West End Boulevard. There being no further appearances,the hearing was closed.
BILL NO. 07-152 was given first reading as follows:
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AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE
CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOT 24,
BLOCK 2, PARK PLACE SUBDIVISION, LOCATED AT 1330 BROADWAY, IN THE CITY
OF CAPE GIRARDEAU, MISSOURI, FROM R-2 TO C-1
Mr. Herbst made a motion, seconded by Mrs. Schneider,to approve the first reading of BILL NO.
07-152. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none.
BILL NO. 07-153 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TRIFECTA DEVELOPMENT,
L.C., AND FAMILY VIDEO, INC. FOR PURPOSES OF CONSTRUCTING, MAINTAINING
AND OPERATING A BUILDING AND PARKING LOT FOR COMMERCIAL AND RETAIL
USES AT 506 N. WEST END BOULEVARD, IN THE CITY AND COUNTY OF CAPE
GIRARDEAU, MISSOURI
Mrs. Schneider made a motion,seconded by Mrs. Tracy,to approve the first reading of BILL NO.
07-153. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none.
This being the date set for a public hearing regarding the request for of B.A.C. Enterprises,LLC,
for a Special Use Permit for a Community Unit Plan to construct a single family residence and a
duplex on an existing vacant lot located at 1000 North Frederick Street, within a R-4, Multi-
Family Residential District, 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 30-39
entitled"Special Use Regulations"from the City Code; (2) the application for special use permit;
and (3) the application file. Mr. Steve LeGrand appeared in support of the request and to answer
questions. There being no further appearances, the hearing was closed.
BILL NO. 07-155 was given first reading as follows:
AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO B.A.C. ENTERPRISES, L.L.C.,
FOR PURPOSES OF CONSTRUCTING AND MAINTAINING A RESIDENCE AND A
DUPLEX ON AN EXISTING VACANT LOT, LOCATED AT 1000 NORTH FREDERICK
STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU MISSOURI
Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the first reading of BILL NO. 07-
155. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none.
This being the date set for a public hearing regarding the request of Brenda Ware Lewis for a
Special Use Permit to operate a daycare center for a maximum of 20 children at 805 South Sprigg
Street,within a R-3, Two-Family Residential District,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 30-39 entitled "Special Use Regulations" from the City Code; (2) the
application for special use permit; and (3) the application file. Brenda and Felix Lewis appeared
in support of the request and to answer questions. There being no further appearances,the hearing
was closed.
BILL NO. 07-154 was given first reading as follows:
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AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO BRENDA WARE LEWIS FOR
PURPOSES OF MAINTAINING AND OPERATING A DAYCARE AT 805 SOUTH SPRIGG
STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI
Mr. Herbst made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO.
07-154. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none.
APPEARANCES:
Mr. Bill Joiner, 21 North Ellis, appeared and expressed opposition to a proposed ordinance
changing regulations relating to issuance of a liquor license near a church or school as requested
by Debby Erlbacher of Francine's Gardens at 28 South Pacific. He previously presented a petition
opposing the noise from Francine's and has called the police department in the past due to the
noise.
Mayor Knudtson explained that the proposed ordinance amendment would reduce the distance
requirement of a liquor establishment from 200 feet to 100 feet within a school ochurch.
Ms. Martha Joiner, 21 N. Ellis, appeared to express opposition to the proposed liquor ordinance
amendment. She is afraid if the ordinance is changed,the neighborhood will change to a bar-type
atmosphere.
Mr. Bruce Wareing, 823 Them is, appeared and stated his property abuts Francine's Gardens. He
is opposed to the change in the liquor ordinance because it would lower property valuesand would
not be conducive to a residential neighborhood.
Ms. Gail Hoffman, 2 N. Ellis, lives 200 ft. away from Francine's Gardens. She appeared in
opposition to the liquor ordinance change and stated the liquor establishment adds to the noise
problems at this location.
Reverend Bob Towner of Christ Episcopal Church appeared and stated he does not support the
change in the liquor ordinance in light of the neighborhood noise complaints.
Ms. Sandy Dodd, 15 S. Pacific, appeared in opposition to the changes in the liquor ordinance.
Since Francine's Garden has come to the area, there have been numerous parking problems in
their private parking lot and many noise problems.
Mr. Jim McHaney, 815 Themis, lives across the alley from Francine's Garden. He stated there
have been many weddings and parties at Francine's Gardens without the business having a liquor
license. He has complained to the police department about the noise issues with no success even
though it is a violation of City ordinance. He requested the City not change the liquor ordinance
relating to distance requirements.
Mr. Steve Mellies, 826 Themis, appeared and stated if the City permits a liquor license at this
location, it could allow the bar atmosphere through the week while school is in session. He also
expressed concern with safety issues.
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Mr. Taylor Vaughn appeared and stated he does photography work at Francine's. He stated Ms.
Erlbacher runs a tight operation and keeps all patrons in line while they are in her establishment.
However, she cannot control people once they leave her establishment.
Ms. Cheryl Hoffman, 820 Themis, appeared and stated she owns an apartment at 824 Themis and
is a real estate agent She opposed changing the ordinance.
Ms. Andrea Slayton appeared in support of Ms. Erlbacher's request. She felt Ms. Erlbacher
provides excellent service for her patrons and provides a service that is not available elsewhere in
the city.
Mr. Marcus Renaud, a photographer at Francine's, appeared in support of the requested liquor
ordinance change. If the ordinance is not changed, Ms. Erlbacher will not be able to continue her
business, and that will be a loss of revenue for theCity.
Ms. Julie Smith appeared and read a letter on behalf of Macy's Department Store supporting Ms.
Erlbacher's operation. Ms. Smith also personally supported the requested liquor ordinance
change.
Ms. Emily Mellies, 826 Themis,appeared in opposition to the change in the liquor ordinance She
requested the Council focus on the neighbors and the children at the school when making their
decision.
Mr. Jerry Cooley appeared and stated he was recently at a wedding reception at Francine's, and
there were two visits from the Police Department. He felt the noise was not loud and the
neighbors were picking on her. He stated the noise problem should be addressed separately from
the liquor issue.
Ms. Linda Deimund appeared and stated she lives on Bessie Street and owns a business at 1022
Broadway. Ms. Deimund felt it would be detrimental to allow a bar within 100 ft. of any church,
school or home. She requested that the Council consider how 100 feet would affect the whole
community and not just one neighborhood.
Ms. Debby Erlbacher appeared and stated that her business is in a C-1 commercial use zone.
Liquor has been at Francine's for over 25 years. She stated she is now operating through a
"secondary license" to serve alcohol at her premises. She never serves alcohol when school is in
session,and both the nearby school and church wrote a letter not opposing this change. She does
not plan to open a bar on a daily basis, and she presented research on how other cities in Missouri
handle this liquor law.
Mayor Knudtson clarified that Ms. Erlbacher is not operating under a secondary license, but
another business is serving alcohol at her premises througha caterer's license.
BILL NO. 07-143 was given first reading as follows:
AN ORDINANCE AMENDING SECTION 5-6 OF CHAPTER 5 OF THE CITY CODE
REGARDING RESTRICTIONS ON SALE OF LIQUOR, IN THE CITY OF CAPE
GIRARDEAU, MISSOURI
Mr. Voss made a motion, seconded by Mr. Herbst to approve the first reading of BILL NO 07-
143. Upon questioning by Mrs. Schneider, City Attorney Eric Cunningham reviewed the state
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statute requirements for sale of intoxicating liqucrs near a school or church. The Council members
expressed their concerns about this ordinance change and stated that the they must consider the
impact of the change on the community as a whole. Following discussion,the motion failed upon
the following vote: Ayes, none.Nays, Herbst, Knudtson, Schneider, Tracy and Voss.
Mr. Tim Duffy, owner of Designated Driver, appeared in opposition to the proposed ordinance
relating to taxicabs. He requested the Council either delay voting on the issue or deny the
ordinance and start over. He expressed concerns about issues in the proposed ordinance relating to
employee requirements, insurance requirements, and vehicle inspection requirements. If the
Council would change the driver and vehicle requirements to be equivalent to state law, he would
be satisfied.
Mr. David Juden appeared on behalf of the Hush Puppy. That business operates a shuttle service,
and he has concerns with the proposed ordinance restrictions relating to drivers.
Mayor Knudtson requested the City staff group that prepared the proposed ordinance meet with
Mr. Duffy, Mr. Juden, Cape County Transit and SADI to discuss the ordinance, find out their
concerns, identify key issues and see if they can develop a compromise.
Mr. Voss made a motion,seconded by Mrs. Schneider, to postpone the second and third reading of
BILL NO. 07-140 to a future City Council meeting. The motion was approved upon the following
vote: Ayes,Herbst, Knudtson, Schneider, Tracy and Voss. Nays, none.
Ms. Sue Bippen appeared in support of a motion transferring ownership of a special use permit to
her from Trifecta Development,L.C., Kenneth Pincksten and Catheryn Pincksten for purposes of
maintaining and operating a building for office, service and retail uses at 3037 Leington Avenue.
Mr. Cunningham further explained that approval of this request would transfer the Special Use
Permit as origimlly issued with the same terms
Mr. Voss made a motion,seconded by Mr. Herbst, to transfer ownership of a Special Use Permit
from Trifecta Development,L.C., Kenneth Pincksten and Catheryn Pincksten,to Susan R. Bippen,
for the purposes of maintaining and operating a building for office,service and retail uses at 3037
Lexington Avenue in an R-1, single family residential district. The motion was approved upon the
following vote: Ayes, Herbst, Knudtson, Schneider,Tracy and Voss. Nays, none.
Mr. Mitch Robinson appeared in support of and to answer questions regarding the proposed
resolution relating to the Enhanced Enterprise Zone within Scott County, Missouri
BILL NO. 07-151 was presented as follows:
A RESOLUTION MAKING RECOMMENDATIONS TO THE SCOTT COUNTY
COMMISSION ON THE APPLICATION FOR A DESIGNATED ENHANCED ENTERPRISE
ZONE WITHIN SCOTT COUNTY, MISSOURI
Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. 07-
151 and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Schneider,Tracy and Voss. Nays, none.
Ms. Betty Voss appeared in opposition to removal of the stop light at the intersection of Pacific
Street and Independence. She is President of the School Board at Trinity Lutheran School on
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Pacific Street and expressed concern with the safety of the students and parents driving in this
area.
Mayor Knudtson stated this issue is not up for action at this City Council meeting. It will be
discussed at the September 17th meeting with the supporting information from staff.
Mr. Dan Rau appeared and asked if interested parties would be re allowed to look at the
supporting information concerning that traffic light before the next Council Meeting? City
Manager Doug Leslie stated that once the information is preparedand included in the City Council
agenda, it will also be available to the public.
Ms. Diane Mauer, Principal of Trinity Lutheran School, appeared and stated she was at this
Council meeting because staff at the Public Works Department told her that this issue did not have
to come before the Council. She will attendthe next City Council meeting to discuss the issue.
Dr. Dale Foster, 1626 Whitener, appeared with concerns relating to a garage being constructed at
104 North Sunset. He previously submitted a letter to Mrs. Tracy expressing his concerns. Mr.
Brockmire is constructing a garage behind his residence at 104 N. Sunset. Dr. Foster explained
that he feels the construction is causing structural damage to his property and driveway, and that
his property has been significantly devalued. Dr. Foster gave a history of his interactions and
conversations with Mr. Brockmire and their discussions with City Staff about the project. Dr.
Foster has hired Attorney Al Spradling to represent him on this issue. Mr. Foster requested that all
construction be halted until he can determine theintegrity of his property.
Mayor Knudtson explained that this type of issue generally does not come before the Council for
consideration. All questions and concerns have been presented to Mr. Leslie for response. The
applicant has complied with all City codes, and he is allowed to construct the garage and store
vehicles there. Mayor Knudtson stated that Mr. Spradling had met with the City Attorney, and
they both found that the applicant had not violated any ordinances. The City has no grounds to
stop the project. The Mayor requested Mr. Leslie meet with Dr. Foster to discussion his questions
and concerns.
Mr. Lonnie Brockmire, 104 N. Sunset,appeared and stated he purchased the property nine months
ago. The property was surveyed, and proper engineering drawings were approved by the City to
construct the garage. He stated he is not operating a business, and he can legally sell five vehicles
per year without a license. He does plan to house several vehicles and motorcycles and he owns
them all.
CONSENT ORDINANCES:
The following bills were given second and third readings:
BILL NO. 07-144 AN ORDINANCE ACCEPTING A GRANT OF EASEMENT FROM
DALHOUSIE, LLC, FOR MAINTENANCE OF SEWER DISTRICT
17-1-A, LOCATED IN THE LOCHS OF DALHOUSIE SUBDIVISION,
IN THE CITY OF CAPE GIRARDEAU
BILL NO. 07-146 AN ORDINANCE APPROVING THE RECORD PLAT OF
RESUBDIVISION OF LOT 2 OF THE BLATTNER DRIVE FOURTH
WEST MINOR SUBDIVISION AND LOT 5 OF BLATTNER SECOND
WEST SUBDIVISION
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BILL NO. 07-147 AN ORDINANCE APPROVING THE RECORD PLAT OF JULIE
SUBDIVISION NO. 4
Mr. Voss made a motion, seconded by Mrs. Tracy, to approve the second and third readings of
BILL NOs. 07-144, 07-146 and 07-147 and to adopt the ordinances. The motion was approved
upon the following vote: Ayes;Herbst,Knudtson, Schneider, Tracy and Voss. Nays,none. BILL
NO 07-144 is ORDINANCE NO. 3843; BILL NO. 07-146 is ORDINANCE NO. 3844; BILL NO
07-147 is ORDINANCE NO. 3845.
NEW ORDINANCES
BILL NO. 07-156 was given first readingas follows:
AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 BY PLACING STOP
SIGNS ON WOODLAND HILLS DRIVE AT ITS INTERSECTION WITH GREENBRIER, IN
THE CITY OF CAPE GIRARDEAU, MISSOURI
Mr. Hopkins made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL
NO. 07-156. The motion was approved upon the following vote: Ayes, Herbst, Knudtson,
Schneider, Tracy and Voss. Nays, none.
BILL NO. 07-157 was given first reading as follows:
AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM
WHISPERING OAKS OF CAPE GIRARDEAU, LC, FOR MAINTENANCE OF SEWER "E"
LOCATED IN WHISPERING OAKS SUBDIVISION,IN THE CITY OF CAPE GIRARDEAU,
MISSOURI
Mrs. Tracy made a motion,seconded by Mrs. Schneider,to approve the first reading of BILL NO.
07-157. The motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none.
RESOLUTIONS
BILL NO. 07-158 was presented as follows:
A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT
WITH KIEFNER BROTHERS, INC., FOR THE CAPE AVIATION TERMINAL FACILITY
REHABILITATION PROJECT AT THE CAPE GIRARDEAU REGIONAL AIRPORT
The reading of BILL NO. 07-158 was approved and the resolution adopted upon Mr. Voss'
motion, Mrs. Schneider's second, and the following vote: Ayes, Herbst, Knudtson, Schneider,
Tracy and Voss. Nays, none. BILL NO. 07-158 is RESOLUTION NO.2304.
BILL NO. 07-159 was presented as follows:
A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI HOUSING
DEVELOPMENT COMMISSION FOR HOME GRANT FUNDING FOR THE GOOD HOPE-
BLOOMFIELD AND BLOOMFIELD-JEFFERSON NEIGHBORHOOD PROJECTS, PLUS
THE THREE AREAS TARGETED BY THE DREAM INITIATIVE, AND AUTHORIZING
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THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS
Mr. Herbst made a motion, seconded by Mrs. Tracy, to approve the reading of BILL NO. 07-159
and adopt the resolution. The motion was approved upon the following vote: Ayes, Herbst,
Knudtson, Schneider, Tracy and Voss. Nays, none. BILL NO. 07-159 is RESOLUTION NO.
2305.
APPOINTMENTS
Mrs. Tracy made a motion, seconded by Mr. Herbst, to appoint Mr. Ivan Irvin as an Alternate
Member on the Board of Adjustment for a term expiring September 4, 2010, and appoint Mr.
Larry Caldwell as a full member for a term expiring March 6, 2011. The motion was approved
upon the following vote: Ayes,Herbst, Knudtson, Schneider, Tracy and Voss. Nays, none.
Mr. Voss made a motion, seconded by Mrs. Schneider, to appoint Ms. Ann Bira to the Public
Library Board for a term expiring June 30, 2010. The motion was approved upon the following
vote: Ayes, Herbst, Knudtson, Schneider, Tracy and Voss. Nays, none.
LIQUOR LICENSE
Mr. Voss made a motion, seconded by Mrs. Schneider, to approve a change in managing officer
for GMRI, Inc., d/b/a Red Lobster,3269 William Street, Mike Willerton,Managing Officer. The
motion was approved upon the following vote: Ayes, Herbst, Knudtson, Schneider, Tracy and
Voss. Nays, none.
Mrs. Schneider made a motion, seconded by Mrs. Tracy, to approve a temporary 5% beer by the
drink license for David J. Roth, d/b/a Humane Society of Southeast Missouri, for an event to be
held in Arena Park 4-H Building on October 13, 2007. The motion was approved upon the
following vote: Ayes, Herbst, Knudtson, Schneider, Tracy and Voss. Nays, none.
Mr. Voss made a motion, seconded by Mrs. Schneider, to conditionally approve a retail liquor by
the drink license for Susan Strode, d/b/a Dockside the Upperdeck,4 North Spanish, Susan Strode,
Managing Officer. The motion was approved upon the following vote: Ayes, Herbst, Knudtson,
Schneider,Tracy and Voss. Nays, none.
OTHER
Mrs. Tracy made a motion, seconded by Mr. Voss, to accept the improvements completed for the
New Fire Station No. 3, Emergency Operations and 9-1-1 Communications Center at 1975 North
Sprigg Street, and to authorize final payment to Zoellner Construction,Co., Inc. The motion was
approved upon the following vote: Ayes, Herbst, Knudtson, Schneider, Tracy and Voss. Nays,
none.
There being no further business,the City Council adjourned upon Mr. Voss' motion,Mr. Herbst's
second, and the following vote: Ayes, Herbst,Knudtson, Schneider,Tracy and Voss. Nays, none.
fnudtson, ayor
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Gayle L. nrad, City Clerk