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HomeMy WebLinkAboutCouncil.Minutes.10-06-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular session October 6, 2003 227 T00111195 REGULAR SESSION — OCTOBER 6, 2003 The Cape Girardeau City Council convened in regular session on Monday, October 6, 2003, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. Rev. Jay White of First Baptist 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 litigation, property acquisition, confidential communications with the City Attorney, and personnel pursuant to RSMo. Section 610.021(1), (2) and (3) upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the September 11, 2003, closed session, September 15, 2003, regular and closed sessions, and September 20, 2003, special session, were approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed, excluding item number 26 relating to the River Campus Project, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson recognized Captain Carl Kinnison for his attendance at the FBI National Academy in Quantico, Virginia, and recognized Patrolman Roy Rahn and Police Canine Bolo for receiving first place in the 2003 Missouri Police Canine Association training competition. Mayor Knudtson and City Manager Doug Leslie honored Police Chief Steve Strong for receiving the MPCA 2003 Donald "Red" Loehr Outstanding Chief of the Year Award at the Missouri Police Chief's Association Awards Banquet. Mayor Knudtson issued a challenge to Jackson Mayor Paul Sander for the Jackson/Central football game on Thursday, October 9. The Mayor announced that the Cape Girardeau Area Industrial Recruitment Association has decided to create a formal committee to focus on transportation priorities in the Cape Girardeau/ Jackson/Scott City area. The City of Cape Girardeau was requested to recommend a representative to serve on this committee. The Mayor requested the Council members review the letter from the Recruitment Association and respond back to him as soon as possible. Upon the request of Mr. White, Chief Strong reported on realty signs that are regularly turned into the Police Department. As a practice, the department will attempt to contact the realty agency to pick up the signs from the department. The Police Department does not remove the realty signs from street right-of-way, but the signs are less likely to disappear if they are not placed on street right-of-way. Ms. Ritter requested an update on city ordinances relating to the number of people that can live in a home in a single-family zoning district. There have been several incidents reported in the city where non -family members are living together in one unit in residentially zoned areas. Inspection Services Director Robb McClary reported that when a complaint is received, the Police Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 228 T00111195 Department will investigate it, issue a report to Inspections Services, and then they wi eIl nforce the appropriate ordinances. If there is no response, the matter is turned over to the City Prosecutor. Ms. Ritter and Mr. Hopkins suggested that the city educate the public regarding the city ordinance requirements for the number of tenants that can live in one residence. Finance Director John Richbourg gave a brief summary of the general fund operating results for the fiscal year ending June 30, 2003. The general fund balance was up $150,000, partially due to savings from personnel vacancies. The sales tax revenue grew less than projected, franchise revenue grew due to increased rates and cold weather, and court revenue was 13.5% less than projected. The City is in good financial condition with a $2.9 million emergency reserve fund, but this has been accomplished at the shortage of capital equipment, maintenance repairs and adequate salaries for employees. The current revenue sources will not be able to fund these three items. Mayor Knudtson announced that he attended a reception for Firefighter Stan Turner honoring him for his retirement from the Fire Department. He commended Mr. Turner on his service to the city and wished him well in his retirement. This being the date set for a public hearing regarding the request of Saint Francis Medical Center for a special use permit to place a temporary mobile office unit at 150 S. Mt. Auburn to use for pre -sale memberships to Saint Francis Health and Wellness Center currently under construction in a C-2, general commercial 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: (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. Rick Essner of St. Francis appeared in support of the request and to answer questions. The mobile office will be placed in February and removed in October of 2004 and will be used for presale of fitness memberships. There being no further appearances, the hearing was closed. BILL NO. 03-171 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ST. FRANCIS MEDICAL CENTER FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A TEMPORARY MOBILE OFFICE UNIT AT 150 S. MT. AUBURN, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-171 was approved upon Ms. Ritter's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Robert Cox for a special use permit to construct an addition to his home at 825 Independence Street in a C-1 local commercial 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: (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. Bob Cox appeared in support of the request and to answer questions. The addition will be attached to the current residence. There being no further appearances, the hearing was closed. BILL NO. 03-174 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 229 700111195 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ROBERT N. COX AND MARGARET A. COX FOR THE PURPOSE OF CONSTRUCTING AND MAINTAINING AN ADDITION TO THEIR RESIDENCE AT 825 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-174 was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of St. Vincent DePaul Church for a special use permit to install a lighted monument sign in front of the church located at 742 Forest Avenue in an R-2, single 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: (1) Section 30-39 entitled "Special Use Regulations" from the city code; (2) the application for special use permit; and (3) the application file. Mayor Knudtson stated that the Council received a letter from a nearby property owner in support of the request. There being no appearances, the hearing was closed. BILL NO. 03-175 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ST. VINCENT DE PAUL CHURCH FOR PURPOSES OF CONSTRUCTING, MAINTAINING AND OPERATING A LIGHTED MONUMENT SIGN AT ST. VINCENT DE PAUL CHURCH, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-175 was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Curtis and Carol Greer for a special use permit to operate a wholesale and retail grocery -related consignment business from their home located at 329 Edgewood Drive in an R-1, single 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: (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. Lee Ank, 2628 Azalea, presented a petition from 70 residents in the area in opposition to a retail business at this address. Edgewood is a thoroughfare between William and Bloomfield, and the property owners want it to remain residential. Ms. Fay Schreiner, 326 Edgewood, appeared in opposition to the request, stating that the street is very narrow and carries a large amount of traffic. In addition, Mr. Greer put in a large horse gate and culvert along his property, and this has created a large hole, which is hazardous to pedestrians and traffic. Upon questioning by Ms. Ritter, Ms. Schreiner stated she did not know of any other home home-based business in the Edgewood area. Mr. Curtis Greer appeared and explained the background of his request for a special use permit. He stated there would not be a coffee shop in his home. He simply wants to store the product in his home and sell the coffee to local businesses by going to their place of business. In order to obtain a wholesale license from the city, he needs a special use permit. He would be the only employee and would agree to pick up all deliveries at the UPS office. It was his understanding Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 230 T00111195 _ that there were at least three home-based businesses in the area, including Patterson Photography, Clark Concrete and a daycare. Before this process started, he stated he went to his neighbors, told them of his intentions, and no one opposed it. He has not talked with his neighbors since that time, and he feels they have a personal issue with him. Mr. Purcell questioned the validity of the petition presented since it stated the people were opposed to rezoning and this request is for a special use permit. Mayor Knudtson explained that there are stipulations in the special use permit that Mr. Greer has agreed to, including (1) no advertising sign; (2) no employees other than the residents; (3) no retail sales on the premises; and (4) no deliveries to the premises. Mr. Ank again appeared and explained that granting this request would change the residential character of the neighborhood and would infringe on the rights of the people because they do not want this business. Clark Concrete only has one truck and no equipment at the premises, and Warner Air used to operate in the neighborhood, and he was opposed to both. Ms. Ritter questioned whether the city staff was able to obtain the information on other home- based businesses that are in this area, including daycares, computer businesses and the construction business. City Planner Kent Bratton stated he will need to get the addresses first, and then he can obtain the information. Regarding the sufficiency of the petition presented, City Attorney Eric Cunningham explained that the city staff would need to review the petition. Given the fact that the special use permit deals with a commercial use in a residential zone, the petition may generically refer to the issue as a rezoning. In order for the petition to be valid, however, all the signatures must be notarized. Mr. Purcell explained that the approximately 70 people who signed the petition did not appear at the Planning and Zoning Commission, and this is the time they should appear and express concerns. Mr. Greer has agreed to several concessions to meet the concerns of the Planning and Zoning Commission, and he is not sure all the neighbors understand this. The Chairman appeared at the City Council study session and said the issue may have been approved if the four concessions had been addressed at that time. Mr. Oda Scott, 245 Edgewood, appeared and expressed concerned that if one commercial venture is approved in this neighborhood, then the Council would consider more in the future. Ms. Fay Schreiner's son, who lives at 326 Edgewood, appeared and stated there is no daycare on Edgewood, but that Ms. Schreiner babysits for one child. He is opposed to any business in any residential area. Mr. Johnny Haupt, whose mother-in-law lives at 318 Edgewood, appeared in opposition to this business due to the adverse affect on the property value of the homes in the area. There being no further appearances, the hearing was closed. BILL NO. 03-176 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 231 T00111195 _ AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CURTIS GREER AND CAROL KITCHEN GREER FOR THE PURPOSE OF OPERATING AND MAINTAINING A WHOLESALE AND RETAIL GROCERY RELATED CONSIGNMENT BUSINESS FROM THEIR RESIDENCE AT 329 EDGEWOOD, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 03-176. Ms. Ritter stated that she felt the applicant should meet with the residents, staff and Council representative, and then present this information back to the City Council. Mayor Knudtson explained that when Mr. Greer appeared before the Commission, he was turned down. However, he has now agreed to a compromise to limit what can be done at these premises. The Mayor was not sure if it was right to get the Council and citizens involved at this point or whether it should go back to the Planning and Zoning Commission. He was concerned that the 70 citizens that signed the petition were not aware of the scope of the request and the concessions. Following additional discussion, Mr. Purcell made a motion, seconded by Ms. Boardman, to table any consideration of this ordinance, and to refer the request back to the Planning and Zoning Commission with the compromises that Mr. Greer has agreed to, and to give the Commission the opportunity to hear additional public comments. Mr. Herbst suggested that city staff review the petition presented and identify the residents who live within 185 feet and determine what adverse affects this request would have on the property. Mr. Cunningham explained that there are protest petition forms available in the Planning Office that individuals may use to officially oppose this request. The motion to table and to refer the request back to the Planning and Zoning Commission was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Bratton explained that the next Commission meeting is scheduled for October 8 and it would be impossible to mail a notification to all the residents by that time. Mr. Knudtson suggested Mr. Ank and others in attendance contact the residents in the area that are not at the meeting and advise them that this issue will be on the October 8 Planning and Zoning Commission agenda for review. This being the date set for a public hearing regarding the request of Clila, LP to rezone lots located at the Southeast corner of South Sprigg Street and Missouri Route 74 from R-3, two-family residential district, to C-1, local commercial district, and for a special use permit to construct and operate a convenience store and gas station, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following: (1) Section 30-39 entitled "Special Use Regulations" from the city code; (2) the application for special use permit; and (3) the application file. In addition, a traffic study prepared by the City Engineer was presented for the record. Mr. Scott Blank, owner of Bi -State Oil and member of the Clila Partnership, appeared and gave a brief history of his family's business. In January of this year he purchased the business from his parents. With the loss of traffic at their current location on Morgan Oak due to the new bridge and the resulting increase in traffic on Highway 74, he is making this request. His family purchased the property approximately ten years ago, and it has been in the local newspaper at least three times regarding his intent to place a gas station and convenience store at this location. They picked this particular corner because of the ease of traffic. If you're traveling west on Highway 74, it is an easy left hand turn lane and then another easy left onto the property. To leave the property and go back to Highway 74, it is an easy right hand turn to get back into the flow of Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 232 700111195 traffic. If you re trave mg east on Highway 74, it is an easy right turn off Highway, and then an easy right turn to leave and get back into traffic. Since there is not a lot of traffic heading north on Sprigg Street, they felt it was the best location they could look at. Approximately seven years ago the family announced their intent of putting a station at this location; however, they delayed the project due to the delay in the bridge construction. The layout of the store was designed to help traffic flow quickly. If the city and state have a traffic problem, then their business has a traffic problem, so they want people to be able to get in and out quickly. They feel there will be no traffic problem at this location. He read comments by the Project Development Engineer for the Missouri Department of Transportation in Sikeston regarding traffic issues in this area, which stated "We do not anticipate any traffic problems at the intersection;" and "Installation of traffic lights at the 74 and Fountain Street intersection to the east helps slow traffic before it gets to Sprigg Street. In addition, there will be a left hand turn lane so west -bound traffic won't be backed up with motorists traveling south on Sprigg Street." He said he felt this business would help ease traffic flow. He stated he felt the neighborhood had a lot to gain with the presence of this convenience store. It will be a neighborhood convenience store carrying a number of grocery items, and it will be a multi-million dollar investment in the area. Since Illinois has a higher tax on gasoline, it will bring a lot of Illinois business into the city. Upon questioning by Mr. Hopkins, he stated that if the store on Morgan Oak continues to be profitable, they would consider leaving it open as well. The store hours at the new location will be 6:00 a.m. to 10:00 p.m., but the pumps will be accessible by credit card after hours. Although he generally does not want the after-hours traffic for safety reasons, the property will remain well -lighted. Mr. Walter Matthews of Mid -South Steel stated he is an expert witness on traffic issues. This facility will not have room to be a truck stop as some have complained, but it will have diesel fuel. Pavestones will be used for the driveway to keep with the historical nature of the area. All emergency requirements set out in state regulations will be met for after-hours fueling, and the property will be well lit. They want people to feel safe. He felt the property values in the area would increase due to this development. Mr. Chris Koehler, a Professional Engineer and consultant, appeared and stated he is completing the site design for this development and could address the traffic concerns. The intersection of two major thoroughfares such as this is where you would want a convenience store. This facility is not intended to serve heavy truck traffic other than deliveries, and by being built at this location the traffic will not be funneled through a residential area. Even the delivery truck traffic does not usually occur at peak hours, so they should not create traffic problems. Vehicles entering the site from the south will most typically take the first entrance they come to. Therefore, the northbound traffic on Sprigg will typically enter at the southern entrance, which is significantly located away from the intersection and should minimize potential traffic conflicts at the intersection proper. Vehicles leaving to the south will also probably use the southern entrance. There will be two entrances off of Sprigg Street, with one being 180' from the stop bar at the intersection. This is stacking distance for a minimum of nine vehicles. That is well removed from the intersection and should move traffic through with no impact to the left turn traffic stacked at Highway 74. The facility will serve approximately 600 to 1000 vehicles per day with two peak hours, 7:30 to 8:30 a.m. and 4:30 to 5:30 p.m. and a mini -peak at around the noon hour. These numbers are also consistent with trip -generation manuals from the Institute of Transportation Engineers. Using the highest traffic estimate, by using those manuals, that would amount to approximately 150 vehicles per hour at most during the peak hours or about two and one-half vehicles per minute. Half of those vehicles will most likely turn right out of the site and then right again onto Highway 74, which is a free-flowing movement both times, or turn left southern -bound on Sprigg beyond the stacking lanes. Neither of those movements will adversely affect traffic. The other half of those vehicles would turn right out of the site and proceed to the intersection to either turn left onto Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 233 T00111195 Highway 74 or go straight north on Sprigg. The longest traffic light cycle in town is less than two minutes. At this rate, at peak times, it would result in no more than three cars stacked up at the intersection to either turn left or go straight if they were all in the same lane. He discussed traffic issues and agreed with the MoDOT traffic assessments. He does not believe traffic will be negatively affected by this establishment. However, even if this facility does affect traffic, the traffic signals can be modified to accommodate a smooth flow of traffic. Ms. Patsy Langston, 703 South Sprigg, appeared in opposition to the request. She owns a beauty shop at 234 South Sprigg, and she now waits on traffic every morning to exit Maple Street onto Sprigg. Due to the new bridge route, many access streets were cut off and all the traffic from these residential areas use Maple Street to access Sprigg. She stated that the new bridge will increase traffic problems at this intersection, and more traffic will back up on Sprigg Street in front of the proposed station. Ms. Mary Skelton, 635 S. Sprigg, appeared and stated the Council needed to weigh the needs of the owners and the residents and decide what is best for the city as a whole. A gas station will interfere with the rights of the residents in the area. There will be increased lighting, increased vehicular and foot traffic, and increased sales of liquor and cigarettes that people will carry throughout the neighborhood. The increased traffic would be a danger to the child care facilities in the area. She presented a report on the number of police calls related to the 600 block of S. Sprigg from June 1, 2001, to September 21, 2003, and reviewed statistics from the report. She and the neighbors would like to talk privately with representatives of Clila to see if another type of commercial use can be found for this property that meets the needs of the neighborhood. Mr. Eldon Nattier, 611 S Sprigg, appeared and expressed concerns with traffic. Mr. Blank indicated that everyone knew this property was purchased for a gas station; however, he did not know this. Rhodes and Basic Gas have developed successful gas stations on streets that are not this busy. Mr. Bo Shantz had previously requested a special use permit at the corner of Perryville and Cape Rock, and the City Council granted the will of the people and denied the request. The residents in the area completed an adequate petition. The residents are not opposed to commercial use but are opposed to a gas station. He questioned whether the Council would consider the will of the people or let the request of a few with money run the city. Mr. Nattier requested all those opposing this request to stand up. Mr. Dan Swatsell appeared and stated he has worked in retail in convenience stores for 20 years. He managed a store in Cincinnati with twice the traffic flow of the proposed development. He stated that it has been shown through the years that even though a development is on a major highway, traffic can still move freely. He felt the newspaper article on this issue was biased. This store has been planned appropriately, and the development should be allowed. Ms. Carla Mize appeared and stated she attends the Cape Girardeau Church of God at Maple and Ellis. She was concerned that this gas station could develop the same problems that are occurring at Morgan Oak and Sprigg. When she leaves church, there is a large amount of vehicular and pedestrian traffic on Maple, and there could be traffic problems. She was also concerned with alcohol sales and trash left from the store. Mr. James Coley, 611 S. Sprigg, appeared and stated he purchased his property in 1995, and he did not always know that the property in question was going to be a convenience store. At the last City Council meeting he was told that he made "allegations" relating to the Planning and Zoning Commission members. He read the definition of allegation from an excerpt of the dictionary and stated he only presented facts. He continued that members of the Commission violated the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 234 T00111195 procedural requirements outlined in the Planning and Zoning Commission Rules of Procedure, and he quoted sections from the Rules relating to disclosure of conflicts. In addition, he stated that in the draft minutes of the September 15, 2003, Commission meeting, there is no reference to the reason for one member's abstention from voting on this issue. He requested the City Council enforce all ordinances and laws, and if they do not, then the Circuit Court can enforce these laws. Rev. John Goff of the Cape Girardeau Church of God appeared and expressed concerns about traffic. The times that Mr. Koehler stated were peak hours at the business will also be peak hours for parents arriving and departing the church daycare. He stated he would like to see something develop at this location with less traffic. In addition, he would like to see the south end of Cape be a family community, and this business will introduce the sale of alcohol and cigarettes in this area. He questioned whether there is an ordinance that does not allow the sale of alcohol within 150 feet of a church, because the church owns 612, 620 and 624 Maple. Upon questioning by the Mayor, Mr. Goff stated he was opposed to the convenience store concept and was concerned with increased activity and traffic in the area. Mr. Vince Draper of Stockade Buildings stated he is designing the building for Clila. Mr. Blank wants the building to blend into the community. The traffic issue will be addressed before the new bridge is opened. With the new bridge route, trucks will not be turning onto Sprigg Street to access the bridge, and this will ease traffic congestion on this street. He did not feel eliminating this store would eliminate alcohol and tobacco use in this area. Another representative of Stockade Buildings presented to the City Council proposed drawings of the 4000 square foot facility that would be placed at this location. The building will face Sprigg Street. It will not be a truck stop type facility. It will be a brick -faced building and will look very good in the area. Rev. William Bird, Pastor of Greater Dimension Ministries, appeared and stated he welcomed this business to the southern part of the community because it will enhance the area. Regarding the sale of alcohol and tobacco, people must make personal choices, and it is up to them to make the right choice. He welcomed additional lighting to the area, which will help people who must walk the area. With adequate planning, the traffic issues can be addressed. Ms. Gaye Blank of Clila appeared and gave a brief history of her family's company. They run a clean operation and have actually cleaned and improved the area behind their present business on Morgan Oak. Many residents from Illinois come to Cape Girardeau to purchase small grocery items and gas because it is closer for them than going to another Southern Illinois town. Mr. Frank Snider appeared and expressed concerns with traffic and security problems. At the new location lights need to be placed at the rear of the building and a 24-hour security guard should be on the premises. He lives three blocks from Sprigg Street and he is interested in keeping crime down. There has been a drop in the last several years, but street lights should be placed in the middle of the blocks to continue to help with this. Mr. Don Howard appeared and questioned how this development could help Cape Girardeau. He stated it will increase crime in the area, and it needs to be located away from residential areas. BILL NO. 03-179 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 235 700111195 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CLILA, L.P., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CONVENIENCE STORE AND GAS STATION AT THE SOUTHEAST CORNER OF SOUTH SPRIGG STREET AND MISSOURI ROUTE 74, IN THE CITY AND COUNTY OF CAPE GIRARDEAU Mr. Purcell made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 03-179. Upon questioning by Ms. Ritter, City Engineer Mark Lester reviewed the traffic study, which was presented to the Council. Approximately 50 percent of the traffic that will use the station already travels Sprigg Street. Traffic in the neighborhood has increased due to several streets being cut off by the bridge route. The study does indicate there will be a need for a left turn lane into the gas station, and this would be at the expense of the owner. With the new bridge route opening, Mr. Lester will request MoDOT complete a traffic model for this area. Ms. Ritter stated the city needs to look at traffic flow on Sprigg Street, including the 1200 block of South Sprigg. Mr. Hopkins questioned whether there were any long-term plans to extend east -west streets to West End Boulevard to help alleviate traffic issues in the residential neighborhood. Mr. Bratton explained that the city does not have right-of-way for these streets, and they are not included in the Major Street Plan. Mayor Knudtson stated that a petition has been received representing at least 30 percent of the properties within 185 feet of the proposed development, and a two-thirds majority vote would be required to approve the special use permit. Regarding the left turn lane into the business, Mr. Lester stated this needs to be discussed further with the developer, and would simply require a restriping of the street. This could be included as a condition of the special use permit. Ms. Ritter made a motion, seconded by Mr. Purcell, to amend the special use permit by including a requirement that the developer must install a left turn lane from southbound Sprigg Street into this business to facilitate the flow of traffic. The amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The original motion was approved as amended upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter, White. Nays, Herbst. BILL NO. 03-180 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF LOTS LOCATED AT THE SOUTHEAST CORNER OF SOUTH SPRIGG STREET AND MISSOURI STATE ROUTE 74, CITY AND COUNTY OF CAPE GIRARDEAU FROM R-3 AND C-1 TO C-1 The first reading of BILL NO. 03-180 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Broadway Park Apartments, Inc. to rezone 820 Rear North Sprigg Street from R-4, multi -family residential district, to C-1, local commercial district, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 03-181 was given first reading as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 236 _7.00111195 AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 820 REAR NORTH SPRIGG, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-4 TO C-1 The first reading of BILL NO. 03-181 was approved upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing to receive input from the public regarding changes to the City of Cape Girardeau fireworks ordinance, the hearing was opened. Mr. John Heckrotte appeared and stated that all rockets should be banned in the city. Mr. Rick Hoffman of Hoffman Family Fireworks appeared and suggested the city review three issues relating to the sale and discharge of fireworks: (1) ban bottle rockets and skyrockets, (2) increase the age of sale to 16 so retailers can identify youth by means of a drivers license; and (3) reduce to ten the number of days of sale for the fourth of July season. He suggested the Council consider making changes to the ordinance without going to an extreme, and then review how the changes have affected celebrating the Fourth of July. Mr. Don Howard appeared and stated the City would not enforce a change in the age regulations for the sale of fireworks. He felt days of sales need to be limited to July 1-4 because two weeks is too long. In addition, roman candles and mortar shells need to be banned. Regarding his son, he explained that there is a person who is throwing walnuts at his son. He has reported this to the City Prosecutor, and she will not take any action on it. Mayor Knudtson stated that Ms. Ritter had some additional information relating to fireworks, and the City Clerk will copy and forward this to the Council. He stated he was not in favor of banning fireworks altogether but did support tightening up ordinances in conjunction with the City of Jackson. He proposed that this be discussed at the joint meeting with the City of Jackson. Ms. Ritter questioned of Mr. Hoffman when he is required to order fireworks supplies for the Fourth of July season. He stated that he generally makes orders in October; however, he will hold off on some orders anticipating changes in the ordinances. There being no further appearances, the hearing was closed. Mr. John Heckrotte appeared regarding the proposed Ordinance relating to the River Campus Project. He stated he felt it was illegal to pass an ordinance and take from the trust fund for the River Campus when there is still a lawsuit pending on the matter. The following bills were given second and third readings: BILL NO. 03-160 AN ORDINANCE ACCEPTING GENERAL WARRANTY DEEDS, PERMANENT SLOPE EASEMENTS, A PERMANENT INGRESS/EGRESS EASEMENT, A TEMPORARY ACCESS EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF BLOOMFIELD ROAD AND THE REPLACEMENT OF THE RAMSEY BRANCH BRIDGE Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 237 700111195 BILL NO. 03-162 AN ORDINANCE VACATING AN ALLEY RUNNING SOUTH OFF OF DUNKLIN STREET TO AN EAST/WEST ALLEY BETWEEN ILLINOIS AVENUE AND PARK AVENUE IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-165 AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO BRECKENRIDGE THREE LIMITED PARTNERSHIP FOR UNNEEDED RIGHT-OF-WAY ON LOUISIANA AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-167 AN ORDINANCE ACCEPTING A GENERAL WARRANTY DEED FROM CAPCO INVESTMENTS LTD FOR THE CONSTRUCTION OF A PEDESTRIAN BRIDGE OVER MISSOURI ROUTE 74 AT ELLIS STREET The second and third readings of BILL NOs. 03-160, 03-162, 03-165, and 03-167 were approved and the ordinances adopted upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-160 is ORDINANCE NO. 3226; BILL NO. 03-162 is ORDINANCE NO. 3227; BILL NO. 03- 165 is ORDINANCE NO. 3228; BILL NO. 03-167 is ORDINANCE NO. 3229. Ms. Amienia Bolden appeared regarding a prejudice problem she alleges exists in the city. She said that she was recently fired from Immediate Health Care due to prejudice. She has put in resumes with all the doctors in Doctors Park, has interviewed for positions, but has never received an offer for a position. The City needs to look at the problems in the work force in Doctors Park. She stated she has contacted the Mayor and Ms. Ritter, and no one has returned her phone calls. Children need to be taught about black history along with white history. Mayor Knudtson responded that he did speak with her for about 30 minutes at City Hall, and Ms. Ritter has been out of the country. The Chamber of Commerce has a Community Relations Council that is looking for minority leadership. He explained to Ms. Bolden that the Council has little control over this issue in the city. Ms. Ritter requested Ms. Bolden contact her, and she would be more than happy to meet with her. BILL NO. 03-170 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF RANDOL FARMS NINTH SUBDIVISION The first reading of BILL NO. 03-170 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The sanitary sewer improvements, as shown on the approved plans, to serve Americare Systems Capetown Facility located along Missouri State Route D and Deer Creek Road, were accepted into the city's system upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-172 was given first reading as follows: Proceedings of the City Council, City of Cape Regular Session October 6, 2003 Girardeau, Mo. 238 T00111195 AN ORDINANCE AMENDING THE BOUNDARIES OF LATERAL SEWER DISTRICT NO. 14 -1 -F -8A, A SUBDIVISION OF TRUNK SEWER DISTRICT NO. 14-1-5, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-172 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-173 was given first reading as follows: AN ORDINANCE ACCEPTING A PERMANENT SEWER EASEMENT FROM AMERICARE PROPERTIES, INC., FOR AN ADDITIONAL 10 -FOOT AREA IN SEWER DISTRICT 14-1 -F- 8A, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-173 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-177 was given first reading as follows: AN ORDINANCE LEVYING A SPECIAL ASSESSMENT FOR THE IMPROVEMENT OF SILVER SPRINGS ROAD FROM MT. AUBURN ROAD TO KINGSHIGHWAY, BEING PART OF THE SILVER SPRINGS ROAD, PHASE III, TRANSPORTATION TRUST FUND PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE ISSUANCE OF SPECIAL TAX BILLS THEREFOR The first reading of BILL NO. 03-177 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The improvements to Silver Springs Road, Phase III, from Kingshighway to Mt. Auburn Road were accepted, and final payment to Lappe Cement Finishing, Inc. was authorized upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-178 was given first reading as follows: AN ORDINANCE AMENDING CHAPTER 7 OF THE CITY CODE REGARDING FIREARMS IN CITY BUILDINGS IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-178 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Cunningham reviewed Sections from the new State Statute that prohibit firearms in certain buildings and locations. BILL NO. 03-168 was presented as follows: A RESOLUTION AUTHORIZING THE FILING OF ALL NECESSARY DOCUMENTS WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND PROGRAM FOR LOANS UNDER THE MISSOURI CLEAN WATER LAW (SECTION 644, RSMo.) Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 6, 2003 239 T00111195 The reading of BILL NO. 03-168 was approved and the resolution adopted upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-168 is RESOLUTION NO. 1919. BILL NO. 03-169 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN ESCROW AGREEMENT WITH MITCH KINDER DEVELOPMENT, LLC, AND U.S. BANK, N.A., FOR RANDOL FARMS NINTH SUBDIVISION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-169 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-169 is RESOLUTION NO. 1920. Mr. Mark Seesing was appointed to the Airport Advisory Board for a term expiring April 30, 2004, upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. An original package 5% beer and wine tasting liquor license for Debra A. Martin d/b/a Patricia Ann's, 130 N. Main Street, Debra Martin, Managing Officer, was conditionally approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A temporary 5% beer by the drink liquor license for Mary K. Patterson d/b/a St. Vincent DePaul School for an event to be held November 8, 2003, at the A. C. Brase Arena Building, was approved upon Mr. White's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A change in managing officer for Ruby Tuesday, Inc. 3069 William, Nathan H. Downing, Managing Officer, was approved upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. A retail liquor by the drink and Sunday sales liquor license for Marx, LLC, d/b/a Bella Italia, 20 N. Spanish, Mark Dirnberger, Managing Officer, was conditionally approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. An original package liquor and Sunday sales liquor license for Aldi, Inc., 2145 Independence, Paul F. Piorkowski, Managing Officer, was conditionally approved upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of Regular 700111195 the City Council, City of Cape Girardeau, Session October 6, 2003 Jay B. udtson, Mayor Gayle L. Conrad, City Clerk an 240