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HomeMy WebLinkAboutCouncil.Minutes.06-07-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session dane--7s3g9d 391 REGULAR SESSION — JUNE 7, 2004 The Cape Girardeau City Council convened in regular session on Monday, June 7, 2004, 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. Mr. Hugh White presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the Council convened in closed session for purposes of discussing property acquisition, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2), upon Mr. Herbst's motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the May 17, 2004, regular and closed sessions, and the May 21, 2004, special and closed sessions were approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed, with the addition of BILL NO. 04-118, upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson read a proclamation declaring July 4, 2004, as Libertyfest Day in the City of Cape Girardeau, and presented the proclamation to Marsha Toll, Chairman 'of the Libertyfest event. Ms. Boardman encouraged everyone to remember to vote at the City election on Tuesday, June 8�'. Mayor Knudtson recognized Ms. Boardman on the book signing for her first book Chocolate Dancing. In addition, he congratulated Steve Cook on his promotion to Assistant Public Works Director. Ms. Marsha Haskell, Regional Direct of External Affairs for SBC, appeared and reported on the activities of SBC in the City of Cape Girardeau. She discussed the operations of the service center on Silver Springs Road, the SBC Pioneers retiree volunteer program, and community activities and donations sponsored by SBC . Public Works Director Tim Gramling reported on the flood stages of the Mississippi River. The river crested on June 6 and should be below 32 feet by the end of the week. City Manager Doug Leslie reported that he and City staff have met with over 50 organizations over the last six to eight weeks to educate the public on the Fire Sales Tax. This being the date set for a public hearing regarding the request of Candi Siebert -Winkler for a Special Use Permit to operate a photography and graphic design company from their home located at 2573 Lisa Drive, in an R-2 Single Family Residential Dwelling 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. Ms. Candi Siebert -Winkler appeared and explained she intends to open a photo studio that specializes in on - location photography with some photography in her home. She plans to eventually open a studio Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 7, 2004 392 in downtown Cape. For now, this would be part-time with approximately one to two clients per week coming to her home. There being no further appearances, the hearing was closed. BILL NO. 04-109 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CANDI SIEBERT-WINKLER FOR THE PURPOSE OF MAINTAINING AND OPERATING A PHOTOGRAPHY AND GRAPHIC DESIGN BUSINESS LOCATED AT 2573 LISA DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 04- 109. Upon questioning by the Council, Mr. Leslie stated there is one photography studio in a residential area on Bloomfield and one in the downtown area. Mr. Bratton reported the Planning and Zoning Commission was aware of the minimal number of people that would be coming to the home for photography services, but the Commission unanimously opposed the request because it was in the middle of a residential area. Mr. White stated he felt this would similar to spot zoning. The Commission has been consistent in its opposition to spot zoning, and the Council has given great weight to the Commission's recommendations. Ms. Ritter commented that in the Study Session the Council discussed home-based businesses and the Chamber's willingness to look into this with the city. She questioned whether there are certain criteria that must be met to grant a special use permit. City Attorney Eric Cunningham explained that in Chapter 30-39 of the City Code there are six criteria. If the Council finds in the affirmative for any of those criteria, then the request must be denied. Following discussion, the motion to approve the special use permit failed upon the following vote: ayes, none. Nays, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Mr. White made a motion, seconded by Mr. Purcell to adopt the Findings and Conclusions for the request of Ms. Candi Siebert -Winkler. The motion was approved upon 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 Drury Land Development to rezone a tract of land located west of Shirley Drive, along the most southerly 762 feet of Shirley Drive from an R- 1 Single Family Dwelling District to a C-3 Central Business District, the hearing was opened. Mr. Chris Bowen appeared on behalf of Drury Land Development to answer questions. There being no further appearances, the hearing was closed. BILL NO. 04-110 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 PROPERTY LOCATED WEST OF SHIRLEY DRIVE, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO C-3 The first reading of BILL NO. 04-110 was approved upon Mr. Herbst's motion, Mr. Hopkins' 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 Timothy and Donna Joplin for a Special Use Permit to run an appraisal office from 226 Albert Street located in an R-2 Single Family Dwelling 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. Ms. Donna Joplin appeared and explained that she requested a permit Proceedings of the City Council, City of Cape Girardeau, Mo. Reg. laF Session die !;:znn4 for a professional office that could be used for an appraisal office or her husband's chiropractic business in the event that the lease at his present location was not renewed. After she and her husband retire, they intend to live in the home. No customers would come to the house for the appraisal business, but there would be some daily vehicular traffic for the chiropractic practice. There is public parking in the front, and the Bank of America has agreed to let them use the parking lot to the south. Mayor Knudtson stated that the Planning and Zoning Commission vote was contingent on the home being used as an appraisal office and not a professional office. There being no further appearances, the hearing was closed. BILL NO. 04-111 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO TIMOTHY JOPLIN AND DONNA JOPLIN FOR THE PURPOSE OF MAINTAINING AND OPERATING AN APPRAISAL OFFICE LOCATED AT 226 ALBERT STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Purcell made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 04-111. Upon questioning by Ms. Boardman, Mayor Knudtson explained that it was his understanding the commission felt the chiropractic business could generate much more traffic than the appraisal business, and therefore placed the condition on the special use permit. Following discussion by the Council, the motion was approved upon 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 Cape Retirement Community, Inc. d/b/a Chateau Girardeau for a Special Use Permit to replace a sign on their property located at 3120 Independence Street located in an R-4 Multi -Family Dwelling 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. Frank Soltice of Chateau Girardeau appeared and explained that they intend to replace the fence and sign that was removed by the City with the Mt. Auburn/Independence redesign project. There being no further appearances, the hearing was closed. BILL NO. 04-112 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO CAPE RETIREMENT COMMUNITY, INC., D/B/A CHATEAU GIRARDEAU FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A SIGN LOCATED AT 3120 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-112 was approved upon Mr. Herbst's motion, Ms. Boardman'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 Sara Jane Guebert and Perry Lee Guebert for a Special Use Permit to operate a small woodworking business from their home located at 2034 Andrew in an R-1 Single Family Residential Zone, 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. Mrs. Sara Guebert appeared and Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 7, 2004 394 explained that the business would provide finishing work, light remodeling and furniture repair. All work will be done in the basement of the home, and they plan to pick up and return all items to their customers, thereby causing very little additional traffic. She stated she researched several home-based businesses in the city, and eight of ten she researched did not have a license. In addition, when she was at the Planning and Zoning Commission meeting, a Commission member stated they generally deny home-based businesses; however, two were just recently approved. Mr. Bob Robins appeared in opposition to the request. He stated he lives behind the property, and he feels the business would reduce property values and create more noise, partly from sawing wood. Mr. Mark Mehner appeared with questions regarding the business. Are there any plans to build additional garage space to use for the business? Will deliveries of product be made to the home? He stated he did not receive a written notice regarding this request and was only aware of it because of the posted sign. Ms. Guebert replied that they do plan on adding on to the home, but not for business purposes. There will be occasional deliveries of trim and plywood from suppliers. Laura Delgado, 2237 Kent, appeared and stated her home faces the Guebert's garage, and she did not receive written notice of this request. If the business expands or has a major accident, such as a fire, are there conditions to the special use permit to cover this? Who determines when the business should move based on growth? Ms. Guebert replied if the business grows too large for their basement, they will move to a commercial area. There being no further appearances, the hearing was closed. BILL NO. 04-113 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SARA JANE GUEBERT AND PERRY LEE GUEBERT FOR THE PURPOSE OF MAINTAINING AND OPERATING A WOODWORKING BUSINESS LOCATED AT 2034 ANDREW, IN THE CITY AND COUNTY OF CAPE GIRARDEAU Ms. Ritter made a motion, seconded by Mr. White, to approve the first reading of BILL NO. 04- 113. Upon questioning by Ms. Ritter, City Planner Kent Bratton explained that notices were mailed to all adjoining property owners prior to the public hearing held at the Planning and Zoning Commission meeting. Following additional discussion, the motion failed upon the following vote: ayes, none. Nays, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Mr. White made a motion, seconded by Mr. Purcell to adopt the Findings and Conclusions related to this request. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Ms. Ritter explained that the applicant can reapply for a special use permit after the Council has reviewed issues relating to home-based businesses. Mr. Perry Guebert appeared before the council and explained that he and his wife went through all the City requirements to obtain a business license, and then the Planning and Zoning Commission made a blanket statement that it has no tolerance for home-based businesses. He questioned why this wasn't in writing from the beginning? Mayor Knudtson stated that was an inappropriate comment from the Commission, and it simply has a philosophy on home-based businesses. The Council has been struggling with many of these requests. The Mayor explained that his request was looked at closely by the Council, including the impact of the request on the neighbors. This being the date set for a public hearing regarding the request of Spanish Court LLC, for a Special Use Permit to build luxury townhouses at 210 North Spanish Street in a C-3 Central Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session ittite 7, 2004 395 Business 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. John Wyman appeared and presented to the Council drawings and details regarding this residential development in downtown Cape. They plan to invest approximately $4 million into the project, which will in turn increase the property values for this area. Mr. Henry Terry appeared and stated he owns property at 200 Broadway. He stated at the beginning of the process, he had concerns regarding the project. However, he has talked with Mr. Wyman, and he no longer has concerns and supports the project. There being no further appearances, the hearing was closed. BILL NO. 04-114 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SPANISH COURT, L.L.C., FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING TOWNHOUSES LOCATED AT 210 NORTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-114 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter, White. Nays, none. Mr. Purcell abstained for financial reasons due to unrelated property acquisition negotiations with Mr. Wyman. Mayor Knudtson stated that a letter of compromise was signed by the property owners in the area, and he questioned whether the city can enforce this? Mr. Cunningham responded that is a private matter between the property owners. This being the date set for a public hearing regarding the Proposed Annual Operating Budget for Fiscal Year 2004-2005, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 04-117 was given first reading as follows: AN ORDINANCE ADOPTING THE ANNUAL OPERATING BUDGET FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, FOR THE FISCAL YEAR BEGINNING JULY 1, 2004 The first reading of BILL NO. 04-117 was approved upon Mr. White's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson thanked the Council and staff for starting the budget process review earlier, which made the process easier. Mr. Don Howard appeared in opposition to the Fire Sales Tax to be voted on by the citizens. He stated he felt the Police Department could do a better job, and the City spends its money foolishly on consultants. Before the tax passes, the City needs to put its own house in order and improve the Police Department. He encouraged citizens to vote against the Fire Tax. Mr. Jim Riley appeared and explained that over the past six weeks he has worked with the Committee to Vote Yes on the Fire Tax. During this time he has become aware that revenue sources in the city have changed. People throughout the southeast Missouri area used to come to Cape to shop; however, over the past five years, many of the surrounding communities have secured their own major retailers. Therefore, sales tax has been flat while costs of services, insurance, vehicles and maintenance have gone up. New police cars have not been purchased in Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 7, 2004 396 ten years. He is convinced that the City is a good steward of the taxpayers' money and the needs are real. All money from the Fire Sales Tax will go to a trust fund to ensure proper use. He urged all citizens to vote yes for the Fire Sales Tax. Mr. Felix Kinsley appeared and expressed his views regarding the Fire Sales Tax and urged all citizens to vote on June 8. The following bills were given second and third readings: BILL NO. 04-95 AN ORDINANCE ACCEPTING A PERMANENT STORMWATER EASEMENT AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE IMPROVEMENT OF MINNESOTA AVENUE BETWEEN BLOOMFIELD ROAD AND BRINK STREET BILL NO. 04-96 AN ORDINANCE ACCEPTING TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS PROPERTY OWNERS FOR THE CONSTRUCTION OF. THE LEXINGTON TRACE SIDEWALK/TRAIL SYSTEM BILL NO. 04-99 AN ORDINANCE AMENDING CHAPTER 2 OF CITY CODE RELATING TO ADVISORY BOARDS BILL NO. 04-100 AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON GREENBRIER DRIVE AT ITS INTERSECTION WITH PERRYVILLE ROAD, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 04-102 AN ORDINANCE APPROVING THE RECORD PLAT OF TEXAS ROADHOUSE SUBDIVISION Mr. Herbst made a motion, seconded by Ms. Ritter, to approve the second and third readings of BILL Nos. 04-95, 04-96, 04-99, 04-100 and 04-102 and adopt the ordinances. Mr. Herbst made a motion, seconded by Ms. Boardman, to amend BILL NO. 04-102 by designating Texas Roadhouse Subdivision as being all of Lot Number 1 of Doctor's Park Resubdivision of Lot 35. 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, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. White abstained on BILL NO. 04-100 for non-financial reasons. BILL NO. 04- 95 is ORDINANCE NO. 3321; BILL NO. 04-96 is ORDINANCE NO. 3322; BILL NO. 04-99 is ORDINANCE NO. 3323; BILL NO. 04-100 is ORDINANCE NO. 3324; BILL NO. 04-102 is ORDINANCE NO. 3325. BILL NO. 04-107 was given first reading as follows: AN ORDINANCE ANNEXING LAND TO THE CITY OF CAPE GIRARDEAU, MISSOURI, UPON THE REQUEST OF DRURY LAND DEVELOPMENT, INC. Proceedings of the City Council, City of Cape Girardeau, Mo. Regulfir Session jua 7, 2004 307 Thefirst reading of BILL NO. 04-107 was approved upon Mr. White's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, Z White. Nays, none. BILL NO. 04-108 was given first reading as follows: AN ORDINANCE AUTHORIZING THE ACQUISITION OF PROPERTY FOR THE IMPROVEMENT OF BLOOMFIELD ROAD BETWEEN SIEMERS DRIVE AND STONEBRIDGE DRIVE The first reading of BILL NO. 04-108 was approved upon Ms. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by Ms. Ritter, Mr. Bratton explained that the sidewalk was moved to the north side of the road, which changed the needed easements. BILL NO. 04-115 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF MCKINNEY SUBDIVISION The first reading of BILL NO. 04-115 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. 04-116 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A SUPPLEMENTAL MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS ON ROUTE K, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-116 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White (abstain). Nays, none. BILL NO. 04-105 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT WITH KELLEY TRANSPORTATION CO., INC., FOR SUBSIDIZED TRANSPORTATION COUPON SERVICES The first reading of BILL NO. 04-105 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. The following liquor licenses 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. A temporary 5% beer the drink liquor license for Gail M. Halbert d/b/a Cape Girardeau Aircraft Owners and Pilots Club, for an event to be July 9 through 12, 2004, at the Cape Girardeau Regional Airport. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session June 7, 2004 398 Conditional approval of a new 5% beer by the drink license for P.H. of Cape Girardeau, Mo., Inc. d/b/a Pizza Hut, 215 S. Kingshighway, Sheri Coerver, Managing Officer. Renewal of the following liquor licenses: Original Package Liquor and Sunday Sales: Aldi, Inc. #98, 2145 Independence, Paul F. Piorkowski, Managing Officer Anna Ernestine Kidd d/b/a Kidd's Gas Mart, 1325 Broadway, Anna Kidd, Managing Officer Anna Ernestine Kidd d/b/a Kidd's II, Inc., 103 N. Kingshighway, Anna Kidd, Managing Officer Retail Liquor by the Drink Craig C. Horky d/b/a Daytimer Lounge, 829 S. Kingshighway, Craig Horky, Managing Officer Retail Liquor by the Drink and Sunday Sales: ESVR, Inc. d/b/a El Acapulco Mexican Restaurant, 202 S. Mt. Auburn, Efren Montano, Managing Officer Dalhousie Golf Club LLC, 302 Blackford Lane, Cord Dombrowski, Managing Officer Conditional renewal of the following liquor licenses: Original Package Liquor and Sunday Sales: Midwest Energy, Inc. d/b/a Amerimart 5, 865 N. Kingshighway, Laura Younghouse, Managing Officer Midwest Energy, Inc. d/b/a Amerimart 7, 1320 W. Cape Rock, Laura Younghouse, Managing Officer Sam's East, Inc. d/b/a Sam's Club #6479, 232 Shirley, Andrew Blaesing, Managing Officer Wal-Mart Stores East LP d/b/a Wal-Mart Supercenter #188, 3439 William, Charles Bezoni, Managing Officer Retail Liquor by the Drink: Mid-America Hotels d/b/a Victorian Inn, I-55 and Route K, Daniel Drury, Managing Officer Independence Place, Inc. 5 S. Henderson, Ricky Werner, Managing Officer Independence Place Inc. d/b/a Main Street Bar, 701 N. Main, Ricky Werner, Managing Officer Alfred L. McCain d/b/a Our House, 2 & 4 N. Main, Alfred McCain, Managing Officer Carol Jean Littge d/b/a Pockets, 2021 Independence, Carol Jean Littge, Managing Officer Rodney Pobst d/b/a Pour House Pub, 113 Broadway, Rodney Pobst, Managing Officer T. J. Henderson d/b/a Tee Jay's Club Sequel, 820 N. Sprigg, Tyrone Henderson, Jr., Managing Officer Retail Liquor by the Drink and Sunday Sales: Marx LLC d/b/a Bella Italia, 20 N. Spanish, Mark Dirnberger, Managing Officer Loi Ha d/b/a The Billiard Center, Inc. 26 N. Main St., Loi Ha, Managing Officer Dianne DeLaPaz d/b/a Casa Mexicana, 1015 N. Kingshighway, Dianne DeLaPaz, Managing Officer Dalhousie Golf Club LLC d/b/a Dalhousie Downtown, 19 S. Spanish, Cord Dombrowski, Managing Officer Columbus Club Association Inc. d/b/a Knights of Columbus, 318 S. Spanish, Robert Schott, Managing Officer Doc Cain Inc. d/b/a Port Cape Girardeau, 19 N. Water, Doc Cain, Managing Officer Merriwether Investments Inc d/b/a Royal N'Orleans, 300 Broadway, Jerrianne Wyman, Managing Officer 3.2% Non -Intoxicating Beer by the Drink: Scott Bucher d/b/a Imo's Pizza, 1201 Broadway, Scott W Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session „tine 7, 2004 399_ Mr. Hopkins made a motion, seconded by Mr. Purcell, to transfer a special use permit to operate apartments at 2906 and 2914 Kage Road from Han Kang to MEM Crestview LLC. Mr. White expressed concerns with changing the way the city is handling this transfer of a special use permit and questioned staff about doing it in this manner for future requests. Ms. Ritter suggested staff review this process along with reviewing the other issues relating to special use permits. The motion was approved upon the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-118 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF LEXINGTON VILLA SUBDIVISION The first reading of BILL NO. 04-118 was approved upon Mr. Hopkins' motion, Mr. Herbst'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. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Gayle L. nrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. 400