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HomeMy WebLinkAboutCouncil.Minutes.11-17-2003.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 267 T00111195 REGULAR SESSION — NOVEMBER 17, 2003 The Cape Girardeau City Council convened in regular session on Monday, November 17, 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. 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 property litigation and privileged communications with the City Attorney pursuant to RSMo. Section 610.021(1) upon Mr. White's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the November 3, 2003, regular and closed session were 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 agenda was adopted as distributed 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 presented a plaque to James "Dub" Hillis honoring and recognizing him on his retirement after 29 years of the service with the Public Works Department. Upon questioning by Mr. White, City Manager Doug Leslie reported that the City purchased a new street sweeper which was put into service on Wednesday. One old sweeper was traded in, which leaves one other sweeper, which operates intermittently. Mr. Purcell thanked the staff at the Cape Girardeau Regional Airport for their assistance to the Trinity Lutheran School students who toured the airport. In addition, he thanked the staff at the Public Works Department for helping him during his recent ride along and day of work in the Solid Waste Division. Mr. Herbst reminded the Council and public that there will be a meeting on Thursday at 6:00 p.m. at the Family Resource Center to discuss traffic issues relating to the development at the intersection of Sprigg Street and Highway 74. Mayor Knudtson thanked the City employees and Heather Brooks, the Assistant to the City Manager, for their hard work and donations to the United Way campaign. Mr. Leslie presented to the City Council two certificates that were presented to the City by the Lewis and Clark Bicentennial Committee thanking the City for supporting and assisting with their activities. Mayor Knudtson acknowledged city staff for completing the Fountain Street project at the River Campus two weeks ahead of schedule. There will be a ribbon cutting ceremony the first week of December. Mayor Knudtson extended his condolences to Police Captain Steve Strong on the recent loss of his mother. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 268 T00111195 This being the date set for a public hearing regarding the request of Carol and Curtis Greer for a special use permit to operate a retail grocery -related consignment business from their home located at 329 Edgewood Drive in an R-1 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. Mr. Curtis Greer appeared in support of the request and to answer questions. He stated at the present time he sells wholesale on a consignment basis. He would like to sell retail and set up routes at local businesses. However, a special use permit is needed to store product in his home and to distribute wholesale and retail. There are stipulations in the permit that there will be no additional buildings, no signs, no deliveries to the home, and the only employees will be him and his wife. Mr. Greer stated that there are approximately five other in-home businesses in this area, including two daycares, a computer company and a concrete business. His retail business would be similar to Amway, Avon or Shaklee sales. All sales will take place at the buyer's location on a one-on-one basis. Mr. Pat Patterson appeared in support of Mr. Greer's request, stating that he can be trusted to do what he says. Two years ago Mr. Patterson fell from his roof and was in a wheelchair for quite a while. Mr. Greer took care of him and drove him to church weekly. He stated he did not feel this business would create any additional traffic issues on Edgewood. Mr. Lee Ank, 2628 Azalea, appeared in opposition to the request. He questioned whether the 12 signed petitions he previously submitted were still valid. He stated he felt just one signed petition should be enough to create doubt. Mr. Knudtson responded that the petitions were valid, and they determine whether or not a super -majority vote is needed to approve the special use permit. City Planner Kent Bratton explained that there were 12 valid petitions; however, the number of signatures was not sufficient to warrant a super -majority vote. In order for this to occur, the owners of at least 30 percent of the land within 185 feet must sign a valid petition. Mr. Purcell stated that the last time Mr. Ank was present, there was a misunderstanding that this was a rezoning and not a special use permit. Mr. Ank responded he was simply opposed to any retail license. Mr. Purcell continued that in the Planning and Zoning minutes, it states that Mr. Ank said he did not have a problem with what the applicant was doing in his own home, but he did not want it rezoned. Mr. Ank further explained that Mr. Greer can do whatever he wants in his own home, but he does not want a retail license in the home. Ms. Kathy Haupt appeared and stated she owns the home at 318 Edgewood, but her mother lives there. She stated she felt a retail license in this area would bring down property values of surrounding properties. Since this issue has come up, it has been shoved down the owners' throats. The surrounding owners are against it, and the Council needs to consider the feelings of these owners. She stated that an original petition was submitted with 70 signatures, but the City told them it was not sufficient. Now property owners within 185 feet signed petitions, and the Council states this is not sufficient. She stated she did not understand the issue relating to a majority vote. She thought that if the Council saw this many people opposed to the issue they would consider this in their decision. Mayor Knudtson further explained that the owners of 30 percent of the property within 185 feet of the premises must sign a valid petition in order to require five votes of the Council to approve the special use permit. Since there were not enough, only four votes will be required to approve it. The Council will use the petitions presented in their thought process to vote for or against the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 269 700111195 issue. He stated the Council was not trying to force this issue on anyone. He applauded the citizens for returning to this meeting. He stated he wanted everyone to understand that this is not a rezoning but a special use permit. Ms. Faye Schreiner, 326 Edgewood, appeared in opposition to the request. When she signed the petition, she new it was a special use permit. She was originally told the retail license would be for coffee and tea, and now the owner is saying it is for commercial groceries. She felt Mr. Greer generally says one thing and does another. He has not been good to his neighbors, and he calls the Police Department for everything in his neighborhood. Mr. Mark Ramsey appeared and stated he did not know Mr. Greer. He stated he felt empathy for the Greer family. They simply want a permit to store product in their home. They can still do this type of sales if they store the product elsewhere. Many other people operate businesses out of their homes. Edgewood is used as a shortcut from Bloomfield to Route K. UPS presently makes deliveries to Mr. Greer and parks in his driveway. On Mr. Ramsey's street, UPS delivers several times each week, as well as Schwans, and they park in the street. Mr. Greer seems courteous, and Mr. Ramsey asked the Council to allow him to store his products in his home. Mr. Greer has offered to pick up his product at the UPS office, but Mr. Ramsey felt Mr. Greer should not have to do this. Mr. Haupt appeared and stated that this issue needs to be resolved today. The neighbors have personal issues with Mr. Greer, and this whole thing has been hard on the neighbors. There being no further appearances, the hearing was closed. BILL NO. 03-176 was given first reading as follows: 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 Mr. Hopkins to approve the first reading of BILL NO. 03- 176. Ms. Ritter questioned the legality of the affidavits signed in support of the request. The notary public on all the affidavits is the same person named in the petition. City Attorney Eric Cunningham explained that the notary is valid as long as the person is not notarizing their own signature. Mr. Purcell stated that he would not have a problem with Mr. Greer living next to him; however, he must respect the wishes of the neighbors. Ms. Boardman also stated that she did not see how Mr. Greer's business would be a problem, but she did not live in this neighborhood. Mr. Herbst stated he has reviewed the information from the Planning and Zoning and Council meetings. In looking at the map of owners within 185 feet of the premises, this extends to properties on Barberry. He completed a chart, which he distributed to the Council. One section showed the property owners in the original petition, the second section showed the owners as listed in the certified petition, and the third section showed the owners who submitted petitions in support of the request. This chart showed that 14 households were against the request and eight were not opposed. Most of those opposed were on Azalea and Gardenia. Following additional comments by the Council, the original motion to approve the ordinance 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 Proceedings of the City Council, City of Cape Girardeau, Mo. lar _ Session November 17, 2003 270 T00111195 _ request of Curtis and Carol Greer at 329 Edgewood. 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 Frank Snider III for a special use permit to operate a private detective agency out of the home of Frank Snider, Sr., and for an advertising sign to be located at 901 S. Benton in an R-2, 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. Mr. Frank Snider III appeared in support of the request. He explained that he would like for his clients to come to him for appointments instead of him going to their home. It is also easier for him to use a credit card machine at his location. He would like to display a two -foot -wide sign with his company logo and black letters. He presented to the Council a drawing of the proposed sign. In addition, he felt this sign would help deter problems in the neighborhood, including drivers running the stop sign and other crimes. Mr. James Banes, a detective for Mr. Snider, appeared in support of the request. He stated the sign would help the neighborhood. There being no further appearances, the hearing was closed. BILL NO. 03-206 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO FRANK L. SNIDER, III, FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING A PRIVATE DETECTIVE AGENCY AND ADVERTISING SIGN LOCATED AT 901 S. BENTON ST., IN THE CITY OF CAPE GIRARDEAU, MISSOURI Mr. Herbst made a motion, seconded by Mr. Hopkins to approve the first reading of BILL NO. 03- 206. Mr. Herbst stated that there is a trend to utilize residences for businesses. The staff needs to look at this more closely in the City's master plan. Following additional comments by the Council, the motion was denied 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 Frank Snider III at 901 S. Benton. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The following bills were given second and third readings: BILL NO. 03-193 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 BILL NO. 03-195 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 Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 T00111195 BILL NO. 03-196 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 BILL NO. 03-198 AN ORDINANCE APPROVING AND ADOPTING THE FINAL SCHEMATIC PLAN FOR THE RIVER CAMPUS PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI BILL NO. 03-199 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 second and third readings of BILL Nos. 03-193, 03-195, 03-196, 03-198 and 03-199 were approved and the ordinances adopted upon Mr. Hopkins' motion, Mr. White's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson abstained for financial reasons on BILL NO. 03-195, because his employer is discussing financing with the owner. Mr. Purcell abstained on BILL NO. 03-196, because he sold the property to Mr. Meystedt. BILL NO. 03-193 is ORDINANCE NO. 3244; BILL NO. 03-195 is ORDINANCE NO. 3245; BILL NO. 03-196 is ORDINANCE NO. 3246; BILL NO. 03-198 is ORDINANCE NO. 3247; BILL NO. 03-199 is ORDINANCE NO. 3248. BILL NO. 03-200 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 LISA DRIVE AT RANDOL AVENUE AT THE NORTHEAST AND SOUTHWEST CORNERS AND ON RANDOL AVENUE AT MELROSE AVENUE ON THE NORTHWEST CORNER, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-200 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-202 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF ASHLAND COURT PHASE TWO The first reading of BILL NO. 03-202 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. 03-203 was given first reading as follows: AN ORDINANCE AMENDING SECTION 27-420)OF THE CITY CODE RELATING TO TRAVEL TRAILER CAMPS Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 272 T00111195 Mr. Hopkins made a motion, seconded by Mr. Herbst, to approve the first reading of BILL NO. 03-203. Mayor Knudtson explained that the proposed ordinance changes the number of days from 14 to 90 that a trailer can stay in one location. Upon the request of Mayor Knudtson, Mr. Stan Thompson appeared and stated he had contacted many other campgrounds and most do not have a restriction on the number of days. He stated that six months is preferable. Mr. Herbst stated that a time restriction would help a travel trailer park owner get rid of tenants if that would become necessary. Mr. Leslie explained that there are typically 90 days in a construction season. The staff felt that greater than 14 days is needed, but they wanted to keep a sense of temporary parking. Staff did contact many other cities, and there were no consistencies or clarifications from them as to how they handle a time restriction. Following discussion, Mr. Hopkins made a motion, seconded by Mr. Purcell, to amend the ordinance to allow trailers to stay in a location for one year. Following additional discussion by the Council, the Mayor stated that the Council needs more information on the difference between an RV park and a mobile home court. The amending motion failed upon the following roll call vote: Herbst, nay; Hopkins, aye; Knudtson, nay; Purcell, aye; Ritter, nay, White, nay; Boardman, nay. Ms. Ritter made a motion, seconded by Ms. Boardman, to table approval of this ordinance. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Knudtson requested the City staff obtain additional information from other cities as to time restrictions in parks, and to define the difference between an RV park and a mobile home court. BILL NO. 03-204 was given first reading as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF FOREST HILLS ESTATES SECOND SUBDIVISION The first reading of BILL NO. 03-204 was approved upon Mr. Hopkins' motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BELL NO. 03-205 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE H OF SECTION 26-126 OF THE CITY CODE, BY CREATING A THREE-WAY SIGNALIZED INTERSECTION AT FOUNTAIN STREET AND MISSOURI ROUTE 74 (SHAWNEE PARKWAY), IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-205 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. BILL NO. 03-207 was given first reading as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE BY ESTABLISHING NO PARKING ALONG THE SOUTH SIDE OF NEW MADRID STREET FROM HENDERSON AVENUE TO NORTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 03-207 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session November 17, 2003 273 700111195 BILL NO. 03-208 was presented as follows: II A RESOLUTION APPROVING THE MASTER PLAN FOR THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 03-208 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 03-208 is RESOLUTION NO. 1927. Ms. Ruth Knote was appointed to the River Campus Board of Managers for a term expiring December 1, 2006, upon Mr. White's motion, Ms. Ritter's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Cordell Dombrowski was appointed to the Show Me Center Board of Managers for a term expiring December 1, 2006, upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Jerry Sanders was appointed to the Historic Preservation Commission for a term expiring April 16, 2006, and Ms. Kim Leazenby was appointed for a term expiring April 16, 2004, upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mr. Hugh White was appointed to the Public Awareness Advisory Board for a term expiring November 20, 2006, upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White (abstain). Nays, none. Mayor Jay Knudtson and Mr. Matt Hopkins were appointed to the Cape Girardeau Area Industrial Recruitment Association Board of Directors for terms expiring December 31, 2004, upon Mr. Purcell'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 Dalhousie Golf Club LLC, d/b/a Dalhousie Downtown, 19 S. Spanish, S. Cordell Dombrowski, 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. Ms. Boardman made a motion, seconded by Mr. Herbst, to change the following dates of City Council meetings in 2004. Monday, January 19, 2004, M.L. King Jr. Day — changed to Tuesday, January 20 Monday, February 16, 2004, Presidents's Day — changed to Tuesday, February 17 Monday, July 5, 2004, Independence Day Observed — changed to Tuesday, July 6 Monday, September 6, 2004, Labor Day, changed to Tuesday, September 7 The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The street, sanitary sewer and water improvements, as shown on the plans approved for Ashland Court, Phase II, Subdivision, Sewer District 14-1-B-5, were accepted into the city's system, upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. ular Session November 17, 2003 _ 274 T00111195 Mr. Hopkins made a motion, seconded by Mr. Purcell, authorizing the release of $73,914.00 held in escrow for the completion of the south lake in Emerald Forest Subdivision. The motion was approved upon the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The street, sanitary sewer and water improvements, as shown on the plans approved for Forest Hills Estates Second Addition, Sewer District 8-M, were accepted into the city's system upon Ms. Boardman's 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. Purcell's motion, Mr. Herbst's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. tl Jay B. 4udtson, Mayor P Q,l-1 Kl� y 2SLs,-4 it _ Gayle Id Conrad, City Clerk