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HomeMy WebLinkAboutCouncil.Minutes.11-03-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session November 3, 2003 259 T00111195 REGULAR SESSION — NOVEMBER 3, 2003 The Cape Girardeau City Council convened in regular session on Monday, November 3, 2003, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, and Marcia Ritter. Hugh White was absent. Rev. Paul Kabo of First Presbyterian Christian Church presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the City Council convened in closed session for purposes of discussing property acquisition, litigation and privileged communications with the City Attorney pursuant to RSMo. Sections 610.021(1) and (2) upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. The minutes of the October 20, 2003, regular and closed sessions and October 27, 2003, special session, were approved upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. The agenda was adopted as distributed, with the amendment that item 17 be changed from a resolution to an ordinance, upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Ms. Boardman thanked City Manager Doug Leslie and city staff for the prompt response to the many concerns and problems she had in her ward. Mr. Leslie visited all the areas of concern, and the staff addressed each issue. Mr. Hopkins thanked Inspection Services Director Robb McClary for his work on enforcing the city's sign ordinance. Mayor Knudtson stated that he and Mr. Leslie met with Cord Dombrowski to look for ways to continue to support the Prestwick development other than a TIF district: Upon questioning by the Mayor, Police Chief Steve Strong reported there were two shootings in the city this past weekend. The Major Case Squad was called to investigate one fatal shooting. This allowed more officers to assist with the investigation in a shorter period of time. At the present time the department is short five officers, and calls to the department were backed up at the time of the shootings. Mr. Herbst reported that at the time of the shootings, he was pursuing a shoplifter; however, he could not do anything because there were no officers available to respond to his call. He indicated that the City needs to find a way to bring more people to the critical departments. Mayor Knudtson announced that the groundbreaking for the Federal Building was held today, which will be an anchor development for the downtown area. Captain Paul Breitenstein of the Fire Department presented a program regarding the Community Emergency Response Training (CERT) Program, which is a training program open to the public free of charge in conjunction with the University and the Cape Girardeau County Public Health Department. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3, 2003 260 T00111195 . Ms. Boardman made a motion, seconded by Mr. Herbst, to appoint Jay Purcell as Mayor Pro - Tempore for this City Council meeting, in the absence of Mayor Pro -Tem Hugh White. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. This being the date set for a public hearing regarding the request of Stan and Kay Thompson for a special use permit to operate a camping and RV park at 1900 North Kingshighway in a C-2, general commercial District, the hearing was opened by Mayor Pro -Tempore Purcell. 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. Stan Thompson appeared in support of the request and to answer any questions. Upon questions by the Council, Mr. Thompson explained that the driveway entrance will be widened from 10' to 25'. Kingshighway is a five -lane road with a center turn lane, and it should accommodate the RVs entering this property. Initially there will 95 sites available for rent. The cities of Sikeston and Perryville do not have a restriction on the length of time an RV can stay in an RV park. Many times these sites are used by construction workers, and they may stay in a location up to six months to complete a project. There being no further appearances, the hearing was closed. BILL NO. 03-195 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO STAN THOMPSON, KAY THOMPSON, RONNIE WESBECHER AND PAM WESBECHER FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A CAMPING AND RV PARK AT 1900 NORTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 03-195. Mr. Hopkins requested the City Attorney research if the city could eliminate or extend the time limit requirements in the present city code, relating to how long an RV can remain parked in an RV park. The motion was approved upon the following roll call vote: Ayes, Boardman, Herbst, Hopkins, Purcell, Ritter. Nays, none. Mayor Knudtson abstained for financial reasons. The financial institution he works for is engaged in discussions for financing with the applicant. This being the date set for a public hearing regarding the request of Shiloh, LLC, for a special use permit to convert an existing single family dwelling into a boarding house at 226 N. Ellis, in a C-1, local commercial district, the hearing was opened by Mayor Knudtson. 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. Jay Meystedt appeared as a representative of Shiloh to answer questions. He would like to rent the home to four non -related college students who would share amenities. The Inspection Services office suggested he request a special use permit for a boarding home instead of R-4 zoning. Upon questioning by the Mayor, Mr. Bratton read the definition of a boarding home from the city code. He suggested that the use as explained by the applicant may be better defined as a lodging house instead of a boarding home. City Attorney Eric Cunningham explained that under C-1 zoning a special use permit is required for a residential use. He explained the difference between a boarding home and lodging house. Mr. Leslie further explained that the key issue is Proceedings of the City Council, City of Cape Girardeau, Mo. R.emilar Session November 3, 2003 261 700111195 that a special use permit is required in a C-1 zone; the terminology of a boarding home versus a lodging house may simply need to be changed. There being no further appearances, the hearing was closed. BILL NO. 03-196 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SHILOH, LLC, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A BOARDING HOUSE AT 226 N. ELLIS, IN THE CITY AND COUNTY OF CAPE GIRARDEAU Mr. Herbst made a motion, seconded by Mr. Hopkins, to approve the first reading of BILL NO. 03-196. Mr. Hopkins made an amending motion, seconded by Mr. Herbst to strike the words "boarding home" from the ordinance and special use permit and grant the special use permit for a residential use. Following discussion, the amending motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Mr. Purcell abstained for financial reasons because Mr. Meystedt has purchased property from him. The original motion as approved as amended upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Mr. Purcell abstained for financial reasons because Mr. Meystedt has purchased property from him. Mr. Edgar Palacios of Central High School appeared in support of the ordinance to change the name of a portion of Silver Springs Road to Tiger Pride Way. He indicated he is aware of the opposition from the surrounding property owners and the Career and Technology Center. The original request to change the name was to show community support and pride in their school. He stated he would be willing to circulate a petition or host an open house for the surrounding property owners to ask them to reconsider their opposition. Mayor Knudtson responded that the motion approved by the City Council at the last meeting was contingent upon the approval of the surrounding property owners to change the name, and they submitted a letter in opposition. He indicated he did receive calls from the each of the property owners, and they would support a Tiger Pride Zone, paw prints painted on the streets, and an honorary street name. Ms. Ritter stated that the students did an excellent job showing their commitment to their cause, and challenged them to serve on the City Council when they were older. BILL NO. 03-194 was given first reading as follows: AN ORDINANCE RENAMING A SECTION OF SILVER SPRINGS ROAD FROM MT. AUBURN ROAD SOUTHERLY TO KINGSHIGHWAY AS TIGER PRIDE DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Purcell made a motion, seconded by Ms. Ritter, to approve the first reading of BILL NO. 03- 194. Mr. Herbst commented that as a former law enforcement official, he did not support this request and felt it would set a precedent. He suggested that tiger paws be painted on the road and a mail stop be established for the High School similar to the University. Mr. Leslie stated that the school would have to make arrangements directly with the post office for a mail stop address, which could be reflected on all high school letterheads. Following discussion, the motion failed upon the following vote: Ayes, none. Nays, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3, 2003 262 T00111195 Mayor Knudtson suggested that the Council consider granting permission to the school to paint tiger paws on a portion of Silver Springs Road. In addition, the school can contact the post office to designate a mail stop, and the city could place ceremonial signs on Silver Springs Road designating a Tiger Pride Zone. Following discussion by the Council, Mr. Hopkins made a motion, seconded by Mr. Purcell, authorizing the school to work with city staff on placing tiger paws on a portion of Silver Springs Road and to place ceremonial signs designating a Tiger Pride Zone. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. Al Stoverink of Southeast Missouri State University appeared and reviewed the history of the schematic plan for the River Campus Project. A conceptual design was approved by the Council and Board of Regents in June of 1999. In the spring of 2003, the University completed another study, which indicated that construction costs had increased while the funding remained constant. This forced the University to develop a final recommendation for the facility, which fit within the budget for the joint facilities and academic space. The final plan includes keeping the public spaces generally the same but moving the storage and classrooms back to the main campus. This allowed for the square footage to be reduced and still stay within the budget. Ms. Ruth Knote, Chairman of the River Campus Board of Managers, appeared and further reviewed changes in the River Campus Project. The performance hall seating was reduced from 1,000 to 950, which will include a balcony. The museum will remain the same size, excluding the storage, and the visitor's center will remain the same. BILL NO. 03-198 was given first reading as follows: AN ORDINANCE APPROVING AND ADOPTING THE FINAL SCHEMATIC PLAN FOR THE RIVER CAMPUS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Hopkins made a motion, seconded by Ms. Boardman, to approve the first reading of BILL NO. 03-198. Following comments by the Mayor, the motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. The following bills were given second and third readings: BILL NO. 03-184 AN ORDINANCE APPROVING THE RECORD PLAT OF LEXINGTON PLACE FOURTH SUBDIVISION BILL NO. 03-186 AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ON A PORTION OF ALTA VISTA DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-189 AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE BY ESTABLISHING HANDICAP PARKING ON A PORTION OF THEMIS STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The second and third readings of BILL Nos. 03-184, 03-186 and 03-189 were approved and the ordinances adopted upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter. Nays, none. BILL NO. 03-184 is Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3, 2003 263 T00111195 ORDINANCE NO. 3241; BILL NO. 03-186 is ORDINANCE NO. 3242; BILL NO. 03-189 is ORDINANCE NO. 3243. [Mr. Herbst left the meeting at this time] BILL NO. 03-193 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE C OF SECTION 26-121 OF THE CITY CODE, BY PLACING A STOP SIGN ON FOUNTAIN STREET AT ITS INTERSECTION WITH MORGAN OAK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BELL NO. 03-193 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Ms. Ritter explained that Fountain Street will be the new entrance to the city from the east and west to attend the River Campus. Fountain Street Phase II will extend from Morgan Oak to William and will be the entrance to downtown. This stop sign can be re-evaluated when the next section of Fountain is complete. BILL NO. 03-199 was given first reading as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT FOR PLANS FOR STREET IMPROVEMENTS AND FOR RECONFIGURING THE BROADWAY-HENDERSON STREET INTERSECTION WITH SOUTHEAST MISSOURI STATE UNIVERSITY The first reading of BILL NO. 03-199 was approved upon Mr. Hopkins' motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. BILL NO. 03-192 was presented as follows: A RESOLUTION ACKNOWLEDGING RECEIPT OF AN ANNEXATION PETITION AND SETTING A PUBLIC HEARING REGARDING THE PROPOSED ANNEXATION The reading of BILL NO. 03-192 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. BILL NO. 03-192 is RESOLUTION NO. 1925. BILL NO. 03-197 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH PENZEL CONSTRUCTION COMPANY, INC., FOR THE BLOOMFIELD ROAD BRIDGE-RAMSEY BRANCH CROSSING PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The reading of BILL NO. 03-197 was approved and the resolution adopted upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. BILL NO. 03-197 is RESOLUTION NO. 1926. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 3, 2003 264 700111195 _ Ms. Jackie Ahrens and Mr. Jack Watts were appointed to the Golf Course Advisory Board for terms expiring November 12, 2006, upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. Al Stoverink was appointed to the Cape Girardeau Area Industrial Recruitment Association Transportation Committee upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. A 5% beer by the drink and wine tasting liquor license for Debra A. Martin d/b/a Patrician Ann's, 130 N. Main Street, Debra Martin, Managing Officer, was approved upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. A retail liquor by the drink and Sunday sales license for The Continental Restaurant, LLC, d/b/a Shangrila, 3049 William #115, Jerel Lichtenegger, Managing Officer, was conditionally approved upon Ms. Boardman's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Mr. Purcell made a motion, seconded by Mr. Hopkins, to grant a mid -block street light request in the 400 block of South Ellis Street. Ms. Ritter explained that this request was submitted on behalf of a neighborhood watch group that is working to enhance the safety in this part of town. The Mayor continued that this group has demonstrated the ability to work together on issues to improve the quality of a neighborhood. The staff feels that this request is warranted. The motion was approved upon the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. The improvement plans for streets, storm sewers, sanitary sewers and detention basin improvements to serve Wyandotte Acres Fourth Addition were approved upon Mr. Hopkins motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. A 12" water main extension along County Road 620 to serve Whispering Oaks Subdivision was accepted into the city's system upon Mr. Hopkins motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. There being no further business, the meeting adjourned upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: Ayes, Boardman, Hopkins, Knudtson, Purcell, Ritter. Nays, none. Jay B. on, Mayor Gayle L onrad, City Clerk