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HomeMy WebLinkAboutCouncil.Minutes.09-04-2007.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 4,2007 FF-367 E^0m00+O'DIN 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 4,2007 FF-168 E00600107DW 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: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 4,2007 FF-369 EO^SnO+O7DW 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. Proceedings of the City Council, City of Cape Girardeau,. -Mo_ Regular Session September 4, 2007 FF-170 E00600107DW 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 Proceedings of the City Council, City of Cape Girardeau, Mo: Regular Session September 4, 2007 FF-371 • Fwoo 1p7nw 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 4, 2007 FF-372 E00600107DW 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 4, 2007 FF-373 F0fl8^0+07DW 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session September 1, 2007 FF 374 E00600107DW 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 Z2tl Gayle L. nrad, City Clerk