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HomeMy WebLinkAboutCouncil.Minutes.07-02-2012.RegularW Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session July 2, 2012 II -101 REGULAR SESSION —JULY 2, 2012 The Cape Girardeau City Council convened in regular session on Monday, July 2, 2012, at 7:00 p.m., with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Kathy Swan, and John Voss present. Council Member Trent Summers was absent. Prior to the regular session, the City Council convened in closed session for purposes of confidential communications with legal counsel, litigation, and property acquisition, pursuant to RSMo. Sections 610.021(1) and (2), upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider,Swan, and Voss. Nays, none. Pastor Barry Pfanstiel, of Good Shepherd Lutheran Chapel, presented the invocation, and the Pledge of Allegiance wasrecited. Mrs. Swan made a motion, seconded by Ms. Proffer, to remove approval of the June 18, 2012, City Council meeting minutes from the Consent Agenda, and to adopt the Agenda as amended. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan; and Voss. Nays, none. Mr. Voss made a motion, seconded by Ms. Proffer, to postpone to a future agenda the second and third readings of BILL NO. 12-73, an Ordinance amending Chapter 17 of the Code of Ordinances and adopting a new Section 17-104 relating to urban deer hunting. Mrs. Swan said that the agenda can be modified in the event that the Council does not have a quorum, but the agenda should not be changed because of a Council Member's absence. Mayor Rediger said that he would support postponing the readings. He does not want the Ordinance to fail because one Council member is not present. A vote of 33 would force the Ordinance to fail. The motion to postpone the second and third readings of BILL NO. 12-73 was approved upon the following roll call vote: Rediger, aye; Schneider, nay; Swan, nay; Voss, aye; Lanzotti, aye; and Proffer, aye. The Mayor announced that the second and third readings of BILL NO. 12-73 would be on the July 16h agenda. PRESENTATIONS Mayor Rediger commended the Parks and Recreation Department, the Parks and Recreation Advisory Board, City Parks staff and their families for their work and support of the Parks Department, its services and its programs. They are a great asset to Cape Girardeau and to the quality of life for its citizens and visitors. He read a Proclamation declaring the month of July as "Parks and Recreation Month" and presented it to Parks and Recreation Director Julia Thompson and Parks Department staff. COMMUNICATIONS/REPORTS The Mayor reminded citizens that the City will not ban fireworks in Cape Girardeau this 4`h of July. He urged everyone to use caution as they celebrate the holiday. Mayor Rediger said that he had attended the induction of new members to the Red Cross Board of Directors and recognized the Board members and the American Red Cross for their service to the Proceedings of the City Council, City of Cape Girardeau, Mo. Reunlar Session iwy?, 2012 11_102 City. He said that he had also attended a commemoration of the 200`h anniversary of the death of Lois Lorimier at the Cid Lorimier Cemetery. The Mayor said that he had welcomed the MN American Queen as it made its first visit back to the City since 2007. The MN American Queen had over 400 passengers and 170 staff members onboard from all around the Country and the world. The Mayor was presented with a plaque made of a piece of the MN American Queen paddlewheel, and he presented the plaque to City Manager Scott Meyer to display in City Hall. Mrs. Swan said that she has heard from many people in the community who have expressed concern that the City will permit residents to use fireworks. She recognized their fear and suggested the City discuss the possibility of postponing the fireworks to another date when the area is not so dry. Mrs. Schneider agreed and said that she, too, has received comments from several residents. Mr. Meyer asked Fire Chief Rick Ennis and Assistant Police Chief Roger Fields to address the Council about additional patrols and what steps their departments are taking during this fireworks season. Mr. Meyer said that it is a matter of balancing proactive steps with enforcing restrictions, and the City is asking that everyone usecaution when shooting off fireworks this week. Chief Ennis explained the extra measures the Fire Department will be taking, as they have in previous years, due to an increase in fire and medical calls. The Battalion Chief, community services, and Fire Inspector will be at Arena Park for the fireworks display. There will be extra staff and equipment to handle an increase in calls, as well as extra communicators. Assistant Chief Fields said that the Police Department will respond as they have in previous years. There will be extra patrol staff during and after the week of sale, focusing on fireworks violations Mr. Meyer said that there was a public hearing at the last City Council meeting regarding an annexation petition on the northern edge of the City, and the Ordinance is on the agenda tonight for first reading. Questions were raised at the hearing about the maintenance of roads in the subdivision, and he received the answers on these questions just today from legal counsel. Legally, when a private subdivision is annexed, if the County did not maintain the roads, the same relationships remain as a private subdivisionwith private maintenance. Mr. Meyer has relayed this information to the residents, and some may ask for additional time to consider this information and request the matter be continued. He said that City staff did check on the issue of trash pickup. A smaller truck may be sent to the area or the City may allow trucks to back -in on certain streets. The City could manage the trash collection in the subdivision and ensure that the City truck does not impact the streets any more than the current trash service by handling the trash in using the same accommodations. Mrs. Schneider confirmed that the residents will be given City water when they are annexed They do not have hookup to the City sewer system, though. She asked if the subdivision residents will have to pay to hook up to the City sewer system. Mr. Meyer said that the City Code of Ordinances requires that residents who have City water services must also pay for City sewer service. Public Works Director Tim Gram Iingclarified that residents thatdon't have sewer linesavailable within a reasonable distance are not charged for sewer service. Mrs. Schneider confirmed that the additional charges residents pay for sewer service is based on water usage. Mr. Meyer answered that sewer rates are based rn water consumption, andthere is not a separate sewer bill. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 2, 2012 II -103 PUBLIC HEARINGS J This being the date set for a public hearing to consider a request to rezone the properties at 229, W 231, and 247 North Clark Avenue from M-1 (Light Manufacturing/Industrial District) to RUMD (Residential Urban Mixed Density District) the hearing was opened. Mr. Larry Schloss, who owns 231 North Clark Avenue, addressed the Council in support of the request. He said that in the process of selling the property, he found that itvas zoned M-1, and for that reason, the loan could not go through. He said that City staff had suggested this request to satisfy the bank so he can sell the house. Mr. Schloss said that the owners of 229 and 247 North Clark Avenue could not attend the public hearing because of illness, but they supported the request. There being no further appearances, the hearing was closed. BILL NO. 12-81 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 229, 231, AND 247 NORTH CLARK AVENUE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM M-1 TO RUMD The first reading of BILL NO. 12-81 was approved upon Mr. Voss' motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, none. This being the date set for a public hearing to transfer a Special Use Permit from Rhodes Development Company, LLC to SADI Foundation, Inc. and New Cingular Wireless, PCS for the operation of a telecommunication tower and equipment building at 755 South Kingshighway, the hearing was opened. The agenda report in the agenda packet presented for the record a certified copy of Section 30-401 entitled "special use permits" from the City Code, the application for special use permit, and the application file. Mr. Scott Rhodes, of Rhodes Development, LLC, and Ms. Maryann Gudermuth,. Executive Director of SADI Foundation, Inc., appeared in support of therequest. Mr. Rhodes said .that SADI purchased the building and approximately six acres. On the property is an AT&T cellular tower that was in place when Rhodes Development bought the property. The special use permit was transferred to Rhodes Development and they now want to transfer it to SADI Foundation. Mr. Rhodes said that City staff wants to add a provision to the special use permit requiring the tower be removed within six months after the tower ceases to be used, which is required by City code. However, the lease with AT&T specifies the tower must be removed within a "reasonable period of time," and they want the special use permit held by SADI to mirror that language in the lease. Mr. Rhodes continued that the special use permit also requires a written statement from the Federal Communications Commission that says the tower is no longer in use, and he is not sure what this statement is or if they could get it from the FCC. He asked that the stipulation requiring the statement be removed from the special use permit, as well. Mr. Voss said that Sec. 30-404(a)(7) outlines the Federal Communications Commission notice requirement for the termination of operation of the telecommunication tower. Development Services Director Kelly Green said that Mr. Rhodes had asked City Planner Ryan Shrimplin to remove that requirement and he consulted with City Attorney Eric Cunningham. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session .Iull,7 70» . I4-104 Mr. Cunningham said that the Council has the ability to change the terms of the special use permit. The stipulation requiring the tower be removed within six months could be changed as well. He said that he is not familiar with whether the tower's removal notice was required in the Federal Communications Commission Code. If it is required, this Ordinance would not affect it. Mr. Rhodes said that the special use permit held by Rhodes Development does not address these issues. Mr. Voss asked for the definition of a "reasonable period of time." Mr. Rhodes suggested it could be a one-year period. Ms. Gudermuth said that if AT&T did not remove the tower within the six-month time period, SADI Foundation would be required to remove it at their expense. Mr. Lanzotti asked if the six- month time period as stated in the special use permit could be used to obligate AT&T to remove the telecommunications tower after they cease using it. Mr. Rhodes said that he was just trying to get the language used in the special use permit to match the lease that was signed prior to the changes in the Development Code. There being no further appearances, the hearing vias closed. BILL NO. 12-85 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SADI FOUNDATION, INC., AND NEW CINGULAR WIRELESS, PCS, FOR PURPOSES OF CONSTRUCTING, MAINTAINING, AND OPERATING A TELECOMMUNICATION TOWER AND EQUIPMENT BUILDING AT 755 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI Mr. Voss said that he was reluctant to modify the Special Use Permit based on the previous lease on the property. He said that he would hope that City leaders would be willing to work with the non-profit organization when the issue of removing the tower comes up. Mr. Voss recommended the language in the Special Use Permit remain as it is. The first reading of BILL NO. 12-85 was approved upon Mrs. Swan's motion, Ms. Proffer's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, none. This being the date set for a public hearing to consider a request to rezone the property at 585 Silverado Trail from R-1 (Single -Family Suburban Residential District) to NC (Neighborhood Commercial District) the hearing was opened. Mr. Rick Sinclair, real estate agent for The Cove at Whispering Oaks, addressed the Council in support of the request. He said that the property was purchased through a bank foreclosurq and also included some property that is still outside the City limits. The buildinghas an address of 585 Silverado Trail and it was annexed into the City by itself. However, there was a problem with getting a separate legal description because it includes three different tracts. Currently, the property owners are getting a survey and a legal description for just the building. The tennis courts, soccer field and swimming pool were part of the tracts for this building. Mr. Sinclair said they are asking for rezoning because it is clearly a commercial building, and no one would purchase it for use as a home. The property south of The Cove at Whispering Oaks was annexed into the City limits as M-1. The swimming pool, soccer field, and tennis courts are currently located in the County. Mr. Sinclair reviewed plans of the interior of the building. He said the Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 2, 2012 II -105 building has no commercial market value while it is zoned residential. The property owners only want to list it for sale as commercial,and currently they have no buyers for the property. Mr. Lanzotti said that the zoning of the property was a matter of public record when it was purchased. He asked if the owner is willing to annex the swimming pool, soccer fields and tennis courts into City limits at this time. Mr. Sinclair replied that they ar®pen to discussion. Mr. Mike Ingram, of 136 Oak Glenn, appeared in opposition to the request and said that he had objected to it at the Planning and Zoning Commission meeting as well. Mr. Ingram said that he had three points to make about the process: 1) The staff recommendation in City Council Agenda Report 12-114 supported rezoning to NC (Neighborhood Commercial District). NC zoning requires a site plan, but no site plan has been submitted by the applicant Mr. Meyer answered that there is no development, and this request is simply to rezone the current property. Since there is no development, no site plan is required. Mr. Ingram continued: 2) Agenda Report 12-114 states that a legal description of the property was not provided. He said that a survey is being conducted now to determine the legal description of the property. Mr. Ingram asked how a property could get the recommendation for rezoning by the Planning and Zoning Commission and be presented to the Council, when no one knows what the property in question is? Mayor Rediger answered that because that legal definition is in question, no action will be taken on this matter tonight. The request can go to the Planning and Zoning Commission because they are not approving an Ordinance, they are making a recommendation. Mr. Ingram continued: 3) The City Code of Ordinances contains public notification requirements for a rezoning.. Some of the things required are that a sign be posted and that the people in the surrounding area be contacted. Agenda Report 12-114 states that the adjoining property owners that were notified, including another developer across the street whose property is in the County. However, other individuals directly affected were not contacted Lastly, the sign posted for this public hearing is to inform everyone affected what is going on. The contiguous property owners were not notified and the public hearing notice sign was taken down. Mr. Mark Jackson, of 192 Bristle Ridge, addressed the Council in opposition to the request. He said that there are many residents attending the public hearing who oppose the request. Mr. Jackson asked everyone attending the hearing to oppose the rezoning to stand. He said that after the Planning and Zoning Commission meeting he had researched NC zoning requirements online. Mr. Jackson suggested that some things didn't fit in this zoning designation, and he asked why the Planning and Zoning Commission did not discuss them. Mr. Jackson discussed properties in and near Whispering Oaks that are in City limits or in the County and which ones have City water service. Mr. Jackson said.that he had sent questions to each Council member on Tuesday, June 26, and he has not received answers to those questions. He said the City should put conditions on The Cove's other property to force the property owner to annex or he should voluntarily annex into City limits. If they would annex the otherproperty as R-1 and then request NC zoning, maybe the owner would have encounter less resistance from surrounding property owners Mayor Rediger asked if the balance of the property remaining in the County and this propertywere to petition to be annexed into the City, would the residents be agreeable. Mr. Jackson answered that if they would petition to be zoned residential, then he would be agreeable. The legal description shows all of that property as one lot, and it should not be brought in by pieces. It should all be annexed as one property. Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session ,i,L7-,n17 —11-106 Mr. Adam Burger, representing Mr. Jim Green, owner of The Cove, addressed the Council in support of the request. He said that he was not sure if the residents would support annexation of the swimming pool, tennis courts and soccer fields. Mr. Burger said that he has represented Mr. Green since he purchased the property, and he has been very candid and honest with the property owners. He said that he does not know why the public hearing notice signs have been disappearing from The Cove building Mr. Lanzotti said that Mr. Green should have submitted an application that included plans for the soccer field, the pool, and The Cove building. He said that he will not support a rezoning until all of the properties are brought in and handled together Ms. Rhonda Cook, of 170 Baystone, addressed the Council in opposition. She said that she was a Realtor at Century 21 and a Whispering Oaks resident when Mr. Green acquired the property from the bank. In the last three years, there have been four foreclosures in Whispering Oaks. This subdivision was developed to be an upscale community. These foreclosures have decreased property values already and she said that she is concerned if the property is rezoned, then anything from apartment to anything commercial can be put there. Ms. Cook said that it is incorrect to say the property cannot be sold as residential. The building does have sufficient windows for bedrooms and bathrooms. It could be modified to be a residential home. Mrs. Linda Ingram, of 136 Oak Glenn, addressed the Council, opposed to the rezoning request. Rezoning the property opens current residents to the possibility of apartments being constructed. She said that subdivision streets are not maintained by the City and if apartments were built, it would increase traffic to that area and those renters would not be helping to pay for the street repairs. Mrs. Mary Ann Vogelsang, of 341 Omaka Springs, appeared in opposition to the rezoning request. She lives 150 yards from the tennis courts. Mrs. Vogelsang asked the Council to carefully consider this issue and the impact on the residents and thir lives and their properties. Ms. Sara Daluca, of Cloverdale Ranch Road, appeared before the Council in opposition of the request and said that Mr. Burger has been honest and has been great to work with. However, she said that she is concerned with rezoning this property to commercial because of her concerns for the safety of children in the neighborhood. Mr. Ronald Franke, of 260 Monterra, addressed the Council to oppose the rezoning request. He said that his back porch faces the tennis court and facility, and he is concerned about noise from the facility if it is zoned commercial. Mrs. Linda Suedekum, of 141 Baystone, appeared in opposition and said that her family was the first residents in the subdivision, and she is the secretary of Homeowners Association. Mrs. Suedekum said that she is concerned for the residents and their safety if the property is zoned commercial. Mr. Burger said that there is a separate entrance to The Cove, and the developer is working to put in a third gate for access to this property. The developer is in the process of building a $400,000 home out there and has plans for three more. He has no plans to bring down the property values. Ms. Rachel Lawson, of 116 Monterra, addressed the Council to oppose the request. She said that there would be gates for back entrance,and there would still be a way for people to walk across the Proceedings of the City Council, City of Cape Girardeau, Mo. _ ._ _ _____. _ Regular_ . Session July 2, 2012 II -107 lawn to neighbors' yards. If the soccer field was rezoned to R-1, then the property values would stay the same or even increase and that would be advantageous to the developer. Mr. John Townsend, of 225 Castle Rock, appeared in opposition and said that once they rezone and sell the property, Mr. Green will have no more involvement in this property. The fields are all part of one property description for The Cove building. He asked if The Cove building is rezoned, and it is annexed into City limits, then do the fields become the same zoning as the building by default. Mr. Meyer answered that they do not. That is why the application asks for a separate property description for that property. Mr. Sinclair said that one of the options for NC zoning would allow for a fire station or a police station. He said that at the Planning and Zoning Comm issionmeeting it was suggested that a pece of that property could be an option for the City to put in a police or fire department substation. He suggested the soccer fields and tennis courts could be kept open for the City Parks and Recreation Department. Mr. Tom Emmendorfer, of 105 Omaka Springs, addressed the Council and asked if he could look at the subdivision's original development plans. When the subdivision was developed, it was marketed and advertised by a real estate agent, the developer's wife and mother, who worked for Century 21. There were over 200 advertisements of lifetime transferable membership to the pool, the tennis courts and the facility in question. Now, there is a cesspool across the street built by the developer's father. Mr. Green bought the property at bottom dollar from the bank. Something will happen with the property that is still in the County. Mr. Emmendorfer said that it is a great idea for the City to acquire the land to utilize and develop as a park for the City. He said that he wants to see the City take a close look at taking over this property. There being no further appearances, the hearing was closed. Mayor Rediger said that no action will be taken on this matter tonight, and he thanked everyone for their participation. Mrs. Schneider said that she has followed the development of this situation as long as she has been on the Council, and she has concerns. She suggested that the rezoning request go back to the Planning and Zoning Commission and they should develop a new idea for this. Mrs. Schneider said that she will vote against this rezoning request. Mr. Lanzotti asked what is standard on rezoning changes that governs the Council's decision. Mr. Cunningham answered that the standard is a reasonable use in reasonable conformance with surrounding uses and not adversely affectng surrounding properties. APPEARANCES Mrs. Laura Bennett, of 258 Ashley Drive, appeared and asked why the June 18, 2012, City Council regular session meeting minutes were stricken from the agenda. Mrs. Swan answered that the minutes were not removed from the agenda; there was just a correction to be made. Mrs. Bennett said that she had spoken at the public hearing on June 18 about garbage collection trucks backing down streets in the Wild Horse Creek Ranch Subdivision. She said that Public Works Director Tim Gramling had said there is a City polay against backing the trucks. Mr. Meyer responded that City staff has determined that the solid waste collection truck drivers can safely make an exception to that rule, and they are looking at several options for trash collection in the subdivision. Mrs. Bennett said that she had also commented that trash collection Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session _ July 2, 2012 11-10 vehicles already use that road now, but no trucks pass where the road splits and the road crosses the dam, and that is where they are concerned about the garbage trucks travelling. Mr. Meyer replied that the City has similar special circumstances and an exception can be made. He continued that it has taken longer than expected to get an answer to Mrs. Bennett's questions from the last meeting. Mrs. Bennett said that the record plat states that the road is dedicated for public use. She asked for a delay in the first reading of the proposed Ordinance annexing unincorporated land into the Cape Girardeau City limits, including Wild Horse Creek Ranch Subdivision. Mr. Meyer said that the issues hinge on whether the County maintained the roads, or the residents did. Mrs. Bennett said that the residents maintain the roads and the county was never asked to maintain the roads, but the plat says that the roads are dedicated for public use. She asked for the City's response in writing. Mr. Bill Bennett, of 258 Ashley Drive, addressed the Council regarding the annexation. He said that he and his neighbors always thought the roads were private, and the issue was only raised when the annexation was proposed. He said that he was told that if the road is dedicated for public use in the record plat, then it is not a private road, but a public one. Mr. Bennett said that they had always assumed the road was private and had never asked the County to maintain the road. Mr. Meyer said that when a road is dedicated for public use, it means that it is available for the public to use it. He said that the City ran into some issues addressing their questions, but Mr. and Mrs. Bennett would receive the City's response in writing. Dr. Frank Hayward, of 191 Ashley Drive, appeared before the Council regarding the annexation. He said that if Wild Horse Creek Ranch residents are asked to pay the same tax rate as any other City residents, then they should be afforded the same privileges as other residents. He didn't think the County will discount their property taxes for not maintaining the roads in the subdivision, and he said that he doesn't understand why the roads would not be maintained by the City. Dr. Hayward said that street maintenance goes along with being a City resident The residents have taken the burden of fixing their streets over the years, but they were not residents of Cape Girardeau at that time. Mr. Voss said that the Whispering Oaks Subdivision still maintains ownership of their streets and the residents are responsible for their maintenance, and they too are dedicated for public use. This is not the first instance where the City has annexed property and not maintained the streets. Mr. Meyer concurred that there are other subdivisions in the City that were developed with private streets, and the City has not assumed street maintenance. Mr. Don Howard, of 1 100 Ranney Avenue, addressed the Council and asked if the Ordinance relating to Urban Deer Hunting was open for discussion. Mr. Voss replied that the Ordinance was removed from the agenda, and he did not feel there should be public comment about it. Mrs. Swan countered that the Ordinance was on the agenda at the beginning of the meeting, and Mr. Howard did not know that it would be removed when he came to the Council meeting. Mr. Howard should be permitted to speak. Mr. Howard said that he was neither for, nor against, Urban Deer Hunting, but he asserted that the Ordinance as proposed is dangerous. A one -acre tract is not large enough to hunt deer on. Mr. Howard said that he understood the need to thin the deer herd, .but he is concerned that the Ordinance does not require a large enough tract of land, and the urban hunt season is too long. Proceedings of the City Council, City of Cape Girardeau, Mo. _ Regular __ Session July 2, 2012 11--102 Mrs. Jennie Stigers, of 1343 Oakenwald, appeared in opposition of the Urban Deer Hunting Ordinance. She said that she feels the Council has manipulated the process to allow sport hunting of deer. She was disappointed that the City leaders will not stand up and act on matters that are on the agenda. Mrs. Stigers said that the Council will not wait on a deer hunt, but they will wait until one Council member can attend. People have approached her to sign a petition to have this matter brought to a vote of Cape Girardeau residents. She said that since enough Council members are in attendance to make a quorum, she did not understand why the Council is delaying a vote on the proposed Ordinance. The delay will not deter their efforts in circulating a petition to oppose the Ordinance. If the Council's vote on the Ordinance is delayed until the next meeting, it could prevent her group from placing the issue on the November election ballot, and she questions if that was intentional. If they are successful with the petition, there will not be a bow hunt in the City this year. CONSENT AGENDA A motion was made by Mrs. Swan, seconded by Mrs. Schneider, to approve the following items on the Consent Agenda: BILL NO. 12-62, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT FOR FIXED ROUTE BUS SERVICES WITH THE CAPE GIRARDEAU COUNTY TRANSIT AUTHORITY, IN THE CITY OF CAPE GIRARDEAU MISSOURI. Second and third readings. BILL NO. 12-64, AN ORDINANCE ACCEPTING A QUIT CLAIM DEED FROM CAPE SPECIAL ROAD DISTRICT FOR PROPERTY LOCATED AT THE SOUTHEAST CORNER OF PERRYVILLE ROAD AND CAPE ROCK DRIVE. Second and third readings. BILL NO. 12-68, AN ORDINANCE APPROVING THE RECORD PLAT OF OAK HILLS 2r'D SUBDIVISION. Second and third readings. BILL NO. 12-66, AN ORDINANCE APPROVING THE RECORD PLAT OF CROWN SECOND SUBDIVISION. Second and third readings. BILL NO. 12-67, AN ORDINANCE APPROVING THE RECORD PLAT OF A RESUBDIVISION OF LOTS P22, P23, AND P24 OF THE LOCHS AT DALHOUSIE - CORRECTED AMENDED SUBDIVISION. Second and third readings. BILL NO. 12-70, AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO RAD PROPERTIES, LLC TRANSFERRING EXCESS RIGHT- OF-WAY FOR ARMSTRONG DRIVE. Second and third readings. BILL NO. 12-71, AN ORDINANCE APPROPRIATING FUNDS FOR OPERATING EXPENDITURES, DEBT SERVICE PAYMENTS, CAPITAL EXPENDITURES AND TRANSFERS FOR THE FISCAL YEAR ENDING JUNE 30, 2012, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session July 7,7017 —11-11-0 BILL NO. 12-72, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION- COMMISSION FOR BICYCLE AND PEDESTRIAN IMPROVEMENTS IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-74, AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY ELIMINATING LIMITED PARKING ON THE 400 BLOCK OF NORTH FREDERICK STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-79, AN ORDINANCE AMENDING CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING BOARDS AND COMMISSIONS. Second and third readings. BILL NO. 12-86, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE MAIN STREET OVERLAY PROJECT, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and passage. Accept improvements and authorize final payment for the North Park Walk Trail Extension within Walden Park Subdivision. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, none. BILL NO. 12-62 is ORDINANCE NO. 4328; BILL NO. 12-64 is ORDINANCE NO. 4329; BILL NO. 12-68 is ORDINANCE NO. 4330; BILL NO. 12-66 is ORDINANCE NO. 4331; BILL NO. 12-67 is ORDINANCE NO. 4332; BILL NO. 12-70 is ORDINANCE NO. 4333; BILL NO. 12-71 is ORDINANCE NO. 4334; BILL NO. 12-72 is ORDINANCE NO. 4335; BILL NO. 12-74 is ORDINANCE NO. 4336; BILL NO. 12-79 is ORDINANCE NO. 4337; and BILL NO. 12-86 is RESOLUTION NO. 2701. ITEMS REMOVED FROM CONSENT AGENDA Mrs. Swan made a motion, seconded by Mr. Lanzotti, to amend page 5, second paragraph, second line of the City Council June 18, 2012, regular session minutes. Mrs. Swan said that her comments during that discussion should read, "...none of them with a one -acre component are as lenient without safety restrictions as our final draft that specifies one acre...", instead of reading, "...none of them..." as it does now. The motion was approved and the City Council June 18, 2012, regular and closed sessions minutes were approved as amended upon the following vote: Ayes, Lanzotti, Proffer, Red iger,Schneider, Swan, and Voss. Nays, none. NEW ORDINANCES Mr. Lanzotti made a motion, seconded by Mr. Voss, to postpone the first reading of BILL Nos. 12-82, BILL NO. 12-83, and BILL NO. 12-84, relating to annexation of certain contiguous properties, to a future City Council meeting, to allow for further review by City staff. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. ___ Regular- Session July 2, 2012 II -111 There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzott4Eedik"Mayor ffer, Rediger, Schneider, Swan, and Voss. Nays, none. arty Gayle V onrad, City Clerk Proceedings of the City Council, City of Cape Girardeau, Mo. Session THIS PAGE INTENTIONALLY LEFT BLANK. -UU-112