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HomeMy WebLinkAboutCouncil.Minutes.08-02-2021.Regular Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 2,2021 LL-77 STUDY SESSION—August 2,2021 m NO ACTION TAKEN DURING THE STUDY SESSION / 17. The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, August 2, 2021, starting at 5:00 p.m. with Mayor Bob Fox presiding and Council Members Robbie Guard, Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. City Attorney Eric Cunningham was recognized for receiving the 2021 Missouri Municipal Attorneys Association Lou Czech Award for City Attorney of the Year. REGULAR SESSION—August 2,2021 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, August 2, 2021, at 5:15 p.m., with Mayor Bob Fox presiding and Council Members Robbie Guard, Stacy Kinder, Shelly Moore, Dan Presson, Nate Thomas, and Shannon Truxel present. ADOPTION OF THE AGENDA A Motion was made by Robbie Guard, Seconded by Dan Presson,to adopt the Agenda. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore,Presson,Thomas,Truxel. PUBLIC HEARINGS A Public Hearing to consider vacating the City's interest in a portion of the former Siemers Drive right of way, in the City of Cape Girardeau, Missouri. Mayor Fox opened the hearing. There being no appearances, the hearing was closed. A Public Hearing on Proposed Tax Rates for Fiscal Year Ending June 30, 2022. Mayor Fox opened the hearing. There being no appearances,the hearing was closed. A public hearing to consider a request for a special use permit for purposes of constructing, maintaining, and operating a vehicle sales business at 1295 Independence Street. The Agenda Report in the agenda packet presented for the record, a certified copy of the following items: (1) Section 30-401 entitled "Special Use Permits" from the City Code; (2) the application for Special Use Permit; and(3)the application file. Mayor Fox opened the hearing. Mark Conrad, the applicant for the special use permit, appeared . He spoke about the plans to develop the property if the permit was granted. There being no other appearances,the hearing was closed. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 2,7021 LL-78 APPEARANCES Mark Beaudean, President of the Trinity Lutheran Church Board appeared in opposition to the Appeal of the Board of Adjustment's decision denying consent for a Liquor License Request by Adam Edward Gohn DBA Phi Hospitality for property located at 531 Broadway. He presented to City Council, a petition opposing the liquor license. The petition had been signed by 313 members of the Church's congregation. He reviewed excerpts from the City Code of Ordinances related to Liquor Licenses. He noted that the Church has been at the current location since 1854, and that the entire building is within 200 feet of Gohn's building. He reviewed the proceedings of the Board of Adjustment in which the Board voted to deny the Liquor License Request for Consent.He mentioned that there are other liquor license holders along Broadway, and he pointed out that most were not within 200 feet of a church and definitely not adjacent to church property. Mr. Gohn has caused this issue by wanting to have this activity adjacent to their well established church. It would adversely affect the public morals by being so close to their church, and it would undermine the general spirit of the City Code due to the Code's prohibition of liquor establishments within 200 feet of a church. Douglas C. Breite, Sr. Pastor of Trinity Lutheran Church appeared in opposition to the appeal. Kent Zickfield, Vice Chairmen of the Trinity Lutheran Church Board and Downtown businessman, appeared in opposition to the appeal. Adam Gohn, the appellant, appeared in support of the Appeal of the Board of Adjustment's decision denying consent for a Liquor License Request by Adam Edward Gohn DBA Phi Hospitality for property located at 531 Broadway. He introduced himself as a lawyer who has had his practice at the subject property for the past two years. He also stated that he had purchased the property with the intent to run an upscale wine bar and restaurant in the front of the building and to house his law practice toward the rear. He noted previous situations where the Board of Appeals has granted Consent for locations within 200 feet of a church, including an application for his building prior to his purchase. He reiterated that the bar would face Broadway, and that its entrance will not be seen from the church property. He added that he would not have a rowdy bar share the same building as his law practice. He noted that City staff issued a recommendation to the Board of Appeals for the approval of the liquor license request for consent. He also noted that each liquor license is reviewed for approval, so if he sells the business or the building, the liquor license would have to go through the approval process again. He stated that he had presented letters of support from three nearby Broadway businesses. Council Member Shannon Truxel asked how many patrons would be allowed. Gohn replied that he thought the occupancy would be 48. She asked if the front of the church can be seen from his business. He replied not from where the bar entrance would be on Broadway. Council Member Shannon Truxel asked Gohn what he plans to do if he does not obtain the liquor license, and if he would relocate the business. Mr. Gohn replied that would probably rent out the space. She also asked how many employees he might hire. He replied,"Maybe four or five." In response to a question by Council Member Nate Thomas, Council Member Robbie Guard said that if a liquor license is issued, it can be subsequently revoked. Council Member Dan Presson noted that the downtown area is a historical section which is dense, and it does not allow for all the space that may be required in new development areas. Mayor Fox and Council Member Guard both stated they will vote to uphold the Board's decision. Proceedings of the City Council, City of Cape Girardeau Mo. Regular Session August 2,2021 LL-79 CONSENT AGENDA Approval of the July 19, 2021, City Council regular session minutes and closed session minutes. BILL NO. 21-100, an Ordinance of the City of Cape Girardeau, Missouri, imposing a use tax for general revenue purposes at the rate equal to the total local sales taxes in effect for the privilege of storing, using or consuming within the City any article of tangible personal property pursuant to the authority granted by and subject to the provisions of Sections 144.600 through 144.761 RSMo; providing for the use tax to be repealed, reduced or raised in the same amount as any city sales tax is repealed, reduced or raised; and providing for submission of the proposal to the qualified voters of the City for their approval at the special election called and to be held in the City on Tuesday,November 2, 2021. Second and Third Readings. BILL NO. 21-105, an Ordinance amending Chapter 15 of the Code of Ordinances of the City of Cape Girardeau,Missouri,regarding Construction Trades Licenses. Second and Third Readings. BILL NO. 21-106, an Ordinance amending Chapter 5 of the Code of Ordinances of the City of Cape Girardeau,Missouri,regarding Liquor Licenses. Second and Third Readings. BILL NO. 21-107, an Ordinance authorizing the Mayor to execute a Special Warranty Deed to Saint Francis Foundation Real Estate, LLC, for property located at Walnut Street and South West End Boulevard, in the City of Cape Girardeau,Missouri. Second and Third Readings. BILL NO. 21-108, an Ordinance accepting Temporary Construction Easements from various property owners for the West End Boulevard Project, from Rose Street to Bertling Street, in the City of Cape Girardeau,Missouri. Second and Third Readings. BILL NO. 21-109, an Ordinance accepting Permanent Drainage Easements from various property owners for the West End Boulevard Project, from Rose Street to Bertling Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-110, an Ordinance authorizing the acquisition of Temporary Construction Easements and Rights-of-Way, from various property owners for the Sprigg Street Project, in the City of Cape Girardeau. Second and Third Readings. BILL NO. 21-111, an Ordinance vacating the City's interest in the Sanitary Sewer and Utility Easement located at 2430 Golden Street, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-112, an Ordinance vacating the City's interest in a portion of Right-of-Way of Northview Drive and retaining a utility easement, in the City of Cape Girardeau, Missouri. Second and Third Readings. BILL NO. 21-113, a Resolution authorizing the City Manager to execute an Agreement with Todt Roofing & Construction for the River Heritage Museum Renovations, in the City of Cape Girardeau,Missouri. Reading and Passage. A Motion was made by Dan Presson, Seconded by Shannon Truxel,to approve and adopt. Mayor Bob Fox spoke about BILL NO. 21-100 regarding calling the election for Use Tax, and about the City's need to collect the revenue from interne sales. He said without this revenue, City Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 2,2021 LL-80 services may be reduced. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore, Presson,Thomas,Truxel. BILL NO. 21-100 will be Ordinance NO. 5426; BILL NO. 21-105 will be Ordinance NO. 5427; BILL NO. 21-106 will be Ordinance NO. 5428; BILL NO. 21-107 will be Ordinance NO. 5429; BILL NO. 21-108 will be Ordinance NO. 5430; BILL NO. 21-109 will be Ordinance NO. 5431; BILL NO. 21-110 will be Ordinance NO. 5432; BILL NO. 21-111 will be Ordinance NO. 5433; BILL NO. 21-112 will be Ordinance NO. 5434; and BILL NO. 21-113 will be Resolution NO. 3423. NEW ORDINANCES BILL NO. 21-114 an Ordinance appropriating the expenditure of American Rescue Plan funds for Public Safety Professional Services, for the fiscal year ending June 30, 2022, in the City of Cape Girardeau,Missouri. First Reading. A Motion was made by Robbie Guard, Seconded by Nate Thomas,to approve. Motion passed. 7-0. Ayes: Fox, Guard, Kinder,Moore, Presson, Thomas,Truxel. BILL NO. 21-115, an Ordinance appropriating the expenditure of American Rescue Plan funds for Stormwater inflow and infiltration enhancements, for the fiscal year ending June 30, 2022, in the City of Cape Girardeau,Missouri. First Reading. A Motion was made by Dan Presson, Seconded by Robbie Guard,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder,Moore, Presson,Thomas,Truxel. BILL NO. 21-116, an Ordinance appropriating the expenditure of American Rescue Plan funds for the Lorimer Street Project, for the fiscal year ending June 30, 2022, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Dan Presson, Seconded by Stacy Kinder,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore, Presson,Thomas, Truxel. BILL NO. 21-117, an Ordinance appropriating the expenditure of American Rescue Plan funds for fiber optic routing, for the fiscal year ending June 30, 2022, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Robbie Guard, Seconded by Stacy Kinder,to approve. Motion passed. 7-0.Ayes: Fox, Guard,Kinder, Moore, Presson, Thomas,Truxel. BILL NO. 21-118, an Ordinance vacating the City's interest in a portion of the former Siemers Drive Right-Of-Way, in the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Dan Presson, Seconded by Shannon Truxel, to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore, Presson,Thomas, Truxel. BILL NO. 21-119, an Ordinance approving the record plat of Ferndale Anthony Southwest Subdivision. First Reading. A Motion was made by Robbie Guard, Seconded by Nate Thomas,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder,Moore, Presson, Thomas,Truxel. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 2,2021 LL-81 BILL NO. 21-120, an Ordinance Providing for the Levying of the Annual City Revenue Tax: Public Health Tax; Special Business District No. 2; for the Fiscal Year Ending June 30, 2022. First Reading. A Motion was made by Dan Presson, Seconded by Stacy Kinder,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder,Moore,Presson,Thomas, Truxel. BILL NO. 21-121, an Ordinance annexing land into the city limits of the City of Cape Girardeau, Missouri, located at 530 County Road 317, upon the request of JMD Industries, Inc. First Reading. A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder,Moore, Presson,Thomas,Truxel. BILL NO. 21-122, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, by zoning newly annexed property located at 530 County Road 317 as C-2, Highway Commercial District.First Reading. A Motion was made by Dan Presson, Seconded by Stacy Kinder,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore, Presson,Thomas, Truxel. BILL NO. 21-123, an Ordinance extending the boundaries of Ward 6 to include property newly annexed into the city limits of the City of Cape Girardeau, Missouri. First Reading. A Motion was made by Stacy Kinder, Seconded by Robbie Guard,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder,Moore, Presson,Thomas,Truxel. BILL NO. 21-124, an Ordinance granting a special use permit to Mark A. Conrad and D'Lorch Properties, LLC, for purposes of constructing, maintaining, and operating a vehicle sales business at 1295 Independence Street, in the City and County of Cape Girardeau, Missouri.First Reading. A Motion was made by Robbie Guard, Seconded by Nate Thomas,to approve. Motion passed. 7-0. Ayes: Fox, Guard,Kinder, Moore,Presson,Thomas, Truxel. BILL NO. 21-125, an Ordinance accepting a Permanent Water Line Easement from Star Vue Cape, L.P., for Star Vue Subdivision, in the City of Cape Girardeau,Missouri. First Reading. Council Member Robbie Guard abstained for financial reasons, due to his employment with MRV Bank. A Motion was made by Dan Presson, Seconded by Nate Thomas,to approve. Motion passed. 6-0. Ayes: Fox,Kinder,Moore, Presson, Thomas, Truxel. Abstain Guard. APPOINTMENTS Appointment to the River Campus Board of Managers Appointment to the Show Me Center Board of Managers Appointment to the Convention and Visitors Bureau Executive Board Former City Manager Scott Meyer served on all three Boards until he vacated the seats when he retired from the position of City Manager. Staff recommends that the current City Manager, Dr. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session August 2,2021 LL-82 Kenneth Haskin be appointed to each of these unexpired terms. A Motion was made by Robbie Guard, Seconded by Stacy Kinder, to appoint Dr. Kenneth Haskin to the River Campus Board of Managers for a term expiring December 1, 2021; to the Show Me Center Board of Managers for a term expiring December 1, 2022; and to the Convention and Visitors Bureau Executive Board for a term expiring December 31, 2021. Motion passed. 7-0. Ayes: Fox, Guard, Kinder,Moore, Presson,Thomas,Truxel. OTHER BUSINESS Appeal of the Board of Adjustment's decision regarding a Liquor License Request for Consent by Adam Edward Gohn DBA Phi Hospitality for property located at 531 Broadway. A Motion was made by Robbie Guard, Seconded by Bob Fox, to uphold the Board of Adjustment's decision. Council Member Stacy Kinder asked what a yes vote means. Mayor Fox responded that a yes vote would agree with the Board of Adjustment in denying the consent for a liquor license at this location. Motion passed by roll call vote. 4-3. Ayes: Fox, Guard, Moore, Thomas. Nays: Kinder, Presson, Truxel. MEETING ADJOURNMENT A Motion was made by Robbie Guard, Seconded by Nate Thomas, to adjourn. Motion passed. 7-0. Ayes: Fox, Guard, Kinder, Moore, Presson, Thomas, Truxel. The Regular Session ended at 6:25 p.m. „AI/ Bob ox, Mayor ruce Taylor,Deputy City Clerk f‘4 'j X94,, kr• 040 0.4 c HE U'NIO wr