Residents spark debate among Cape council regarding special-use permit for new macaroni bar

Residents appeared Monday, Oct. 21, in front of the Cape Girardeau City Council at City Hall to voice concern over granting a special-use permit to KEENMAC LLC for operating a restaurant drive-thru on the alley side of the building.

The property that would house the drive-thru restaurant Roni's Mac Bar would be located at 716 and 718 Broadway. The second and third reading to grant the special-use permit was voted 4 to 3 to be tabled to the next council meeting with Mayor Stacy Kinder, Ward 1 Councilman Dan Presson and Ward 6 Councilman Mark Bliss voting no to table a motion.

Limbaugh Law Firm attorney Nancy Browne said to the City Council that she is representing several property owners whose properties border the alleyway. She said the property owners were against the special-use permit and claimed none of them received notice of planning and zoning hearing.

Browne said not receiving the notice is not against a city ordinance but is against Missouri case law.

"You can't take public property and usurp it for private purposes. And that's basically what is being done here. This is a public alley. And none of these people that are in opposition to this have any problem with this restaurant opening or being used," Browne said to the council. "It is an inverse condemnation."

Browne also said they are potentially violating Missouri Constitutional provision Article 6, sections 23 and 25, adding “which prohibit any public property being given to any kind of private association or private corporation.”

Kinder asked Browne if there had been a lawsuit filed, and she responded "no" and said they are trying to avoid one. Browne said she thinks this was "accidentally" done and not looked into as thoroughly as it should have been.

"I will just state that the city doesn't accidentally go down this road and accidentally make these kinds of actions," Kinder responded to Browne.

Joe Uzoaru told the City Council that his main issue as a property owner is that he won't be a part of the discussion around the alleyway. He said he isn't opposed to the business but to how it was handled.

Lee Schlitt, the owner of 710 Broadway and 714 Broadway, said he's concerned about the heavy use of the parking lot. He said if the alleyway were to be blocked by a drive-thru, it would limit the ways to leave the parking lot.

"I think it's going to be detrimental that we lose our parking, lose access to those buildings," Schlitt said.

Grace Keen, one of the owners of Roni's Mac Bar in Cape Girardeau, said there were not a lot of options to move the business into downtown Cape Girardeau. She said the specific location was the "only" option to move into.

According to city planner Ryan Shrimplin, Schlitt should have received notice that the Planning and Zoning Commission would be deciding whether to recommend the special permit because he owns an adjacent property.

Presson said the situation seems like a communication issue but hasn't heard anyone saying they don't want the business in Cape Girardeau.

Ward 4 Councilman David Cantrell said he is all for downtown advancement, but not at the expense of existing residents.

"I do know every time there's a new restaurant open, is chaos, and there will be cars backed up, I assure you, in that alley, it's going to create a problem," Cantrell said.

Cantrell urged the council not to vote on the ordinance that night, with Ward 3 Councilman Nate Thomas agreeing with him and said to table the vote, if possible.

Keen said two weeks "max" would be preferred if the vote is tabled.

Assistant city manager Trevor Pulley said if they had to acquire more land for the project and work on it, that could take from six months to a year to do.

Ward 5 Councilman Ryan Essex acknowledged there might not be enough time to acquire a property, whether donated or purchased, but he did ask if there were conversations that could be had to ease anxiety and fears. Pulley agreed that could be done.

"Between the old city hall and in this new city hall, and so there is a creative way to find a solution to this problem, to where we do not lose an entrepreneur or a small business owner that would like to redevelop it downtown. I've seen it happen. It has happened at this council where we have turned away business from somebody that was looking to open a business in downtown Cape, and so we have to think clearly about this," Presson said.

"My fear is, if it is voted down, then you eliminate the possibility, you know, so why not table and see if there's a good option," Thomas said. "Whether there's a temporary inconvenience on some parties, then it's a compromise at that point, and they're able to accept what that plan may be for the good of that city block."

Kinder said the drive-thru and location are essential for it to move forward.