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HomeMy WebLinkAboutCouncil.Minutes.10-01-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2012 II_157 REGULAR SESSION — October 1, 2012 The Cape Girardeau City Council convened in regular session at 7:05 p.m. on Monday, October 1, 2012, with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Trent Summers, Kathy Swan, and John Voss present. Pastor Byron Bonner, of True Vine Ministries, presented the invocation, and a member of the Boy Scouts of America Troop2, led the Pledge of Allegialce. Mrs. Schneider made a motion, seconded by Mr. Summers, to adopt the agenda as presented. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. COMMUNICATIONS/REPORTS Mr. Voss thanked the citizens of Cape Girardeau who continue to support the international electric car show and convention. He commended Airport Manager Bruce Loy and the airport staff and the hosts of the event. Mayor Rediger announced that October 12-14, the Parks and Recreation Department will be hosting the State Special Olympcs for the third year. City Manager Scott Meyer said that the City will be sending out information to residents about the new leaf collection process. The collection will be automated this year, and residents will have their leaves collected multiple tines. Mr. Meyer congratulated Development Services Director Kelly Green on her selection by Southern Illinois State University as the 201 ]Outstanding Engineering Alumnus. Mr. Meyer distributed a list of potential early projects from casino funds. Projects on this list were from Capital Improvements Program, were an emerging need, and could be completed quickly. He said that the City Council had asked for projects that the community could benefit from. Most of the projects on the list could be started this spring. Mayor Rediger said that he had been told by previous Cape Girardeau Mayors that citizens expect projects from casino funds to be completed pretty quickly. PUBLIC HEARINGS This being the date set for a public hearing regarding a request to rezone the property at 105 South Spanish Street from C-1 (General Commercial District) to CBD (Central Business Districtl the hearing was opened by Mayor Rediger. There being no appearances, the hearing was closed. Mrs. Schneider made a motion, seconded by Ms. Proffer, to approve the first reading of BILL NO. 12-127 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 AT 105 SOUTH SPANISH STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-1 TO CBD Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1,7017 —II458 The first reading of BILL NO. 12-127 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none This being the date set for a public hearing regarding a request to rezone the property at 2552 Independence Street from M-2 (Heavy Manufacturing/Industrial District) to NC (Neighborhood Commercial District) the hearing was opened by Mayor Rediger. Ms. Kari Simon appeared in support of the request. She said that she wanted to change the zoning to open a child care center because the previous business at that address had been an insurance agency. There being no further appearances, the hearing was closed. Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 12-128 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 AT 2552 INDEPENDENCE STREET, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM M-2 TO NC The first reading of BILL NO. 12-128 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. This being the date set for a public hearing regarding a request to rezone the property at 1249 South Kingshighway from M-2 (Heavy Manufacturing/Industrial District) to M-1 (Light Manufacturing/ Industrial District) the hearing was opened by Mayor Rediger. Ms. Dana King appeared in support of the request. She said the business at that location is a pet salon, and she wanted the property rezoned to allow dog kennels. There being no further appearances, the hearing was closed. Ms. Proffer made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 12-129 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 AT 1249 SOUTH KINGSHIGHWAY, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM M-2 TO M-1 The first reading of BILL NO. 12-129 was approved upon the following vote: Ayes, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Lanzotti abstained from voting on BILL NO. 12-129 for financial reasons because of a potential financial relationship with the seller of the property. Mayor Rediger indicated that he has a conflict of interest with BILL NO. 12-137 because he is on a for-profit Board at St. Francis Hospital. Mr. Voss will condut the public hearing. This being the date set for a public hearing regarding a request to rezone for a Special Use Permit for a building addition exceeding five stories and/or sixty feet in height, located at 211 St. Francis Drive, the hearing was opened by Mr. Voss. The Agenda Report in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-401 entitled "special use Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2012 11-159 from the City Code; (2) the application for special use permit; and (3) the application file. 0 W Mr. Rick Essner, Director of Facilities for St. Francis Medical Center, appeared in support of the request. He reviewed the proposed construction of a new five -story facility and the renovation of some current facilities making all patient rooms private rooms. The new facility will be in front of the existing main entrance. There being no further appearances, the hearing was closed. Mr. Lanzotti made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 12- 137 as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO SAINT FRANCIS MEDICAL CENTER, FOR PURPOSES OF ADDITIONAL BUILDING HEIGHT FOR A PROPOSED ADDITION TO THE HOSPITAL, LOCATED AT 211 ST. FRANCIS DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-137 was approved upon the following vote: Ayes, Lanzotti, Proffer, Schneider, Summers, Swan, and Voss. Nays, none. Mayor Rediger abstained from voting on BILL NO 12-137 for financial reasons. This being the date set for a public hearing regarding a request to rezone property located on Old Sprigg Street Road, Bertling Street, and Mahy Drive from R-1 (Single -Family Suburban Residential District) to R-4 (Medium Density Multi -Family Residential District), the hearing was opened by Mayor Rediger. Mr. Ed Leoni, owner of 1733 and 1739 Old Sprigg Street Road and one of the applicants for the rezoning, appeared before the Council in support of the request. The standard for approving a rezoning request is whether the proposed district is reasonable and in reasonable conformity with the immediately surrounding properties. He said that City staff told him that the request is reasonable, and in support, he listed three reasons: 1) The properties to the east and south of the rezoning are zoned for institutional and recreational uses rather than single family residential. At the Planning and Zoning Commission meeting, heheard a lot about spot zoning. He reviewed the development and schools around the area. The proposed property is adjacent on two sides to institutional property. Inthe City's master plan, the property was identified and recommended for institutional use. 2) Given the proximity to the University, and the need for more off -campus student housing, the request appears reasonable. 3) Mr. Leoni noted that several multifamily developments in the City are adjacent to single family neighborhoods, thus, precedent has been established. City staff and the Commission recommended rezoning this property based on the need for housing and the identification of the property for institutional use in the City's master plan. At the Commission meeting, people said they are afraid that traffic from this development would travel through their subdivision, but it is clearly shown that the development's egress and ingress is Old Sprigg Street Road and Bertling Street. He referenced three studies in support of the fact that property values will not go down. Mr. Leoni said that in the absence of this development, his property value has decreasedby 20%. Mr. Jerry Arbison, of Bowen & Lawson, addressed the Council and said that he represented Mr. Brandon Williams, the proposed developer. Mr. Arbison presented pictures of preliminary options and conceptual development for the property. He said that at this time they are not sure the exact number of units that will be put in because that number will depend on buffer requirements, applicable building codes, architectural design and survey of the property. At maximum, there would be 162 units in the development, with no garages, and will be similar to Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2012 --I- _ 0 Cape Place Apartments. The developer has proposed an apartment onsite for a part-time security officer to handle minor issues. Mr. Arbison said the developer will decide on the details of the development once the zoning is decided. Mr. Lanzotti questioned if the developer would commit to a significantly larger buffering area to minimize the impact to the neighbors if the Council approved the request to rezone the property. Mr. Arbison said that the City requires a 20' buffer between properties zoned R-1 and R-4. He said that Mr. Williams is not present and he could not agree to a larger buffer for him. Mr. H.W. Meyr, of 1125 Mahy Drive, appeared in opposition to the request to rezone the property to R-4. The people that are building this development are doing this for profit, but the people living there everyday will have to see trees gone and new neighbors that are not R-1 as they bought their property. Mr. Meyr said that he had 200 signatures from residents on Brucher Street, Price Drive, Henderson Street, Butler Street, and Bertling Street that have all signed a petition saying they oppose the development If the development proceeds, he expressed concerns with increased police calls, increased traffic, decrease in property values, and stormwater problems. Mr. Joe Pujol, owner of property adjacent to 1733 and 1739 Old Sprigg Street Road, addressed the Council in support of the rezoning request. He said that the University has seen growth at the junior, senior, and graduate student levels, and those students are not required to live in on campto housing. He said there is a great need for more student housing. He said that he previously lived on Gina Drive, and a developer built duplexes and apartments near his home. When he sold the house, he did not lose any money due to the multifamily dwellings. Mr. Joshua Minks, of 1129 Mahy Drive, addressed the Council and said that he moved to Cape Girardeau two years ago and is a graduate student at Southeast Missouri State University. When he moved to Cape Girardeau in 2010, it was challenging to find a home to meet needs of his family and rental property was priced between $800-$900 a month. He said that he moved to this neighborhood because he is dedicated to this community. He researched current improvements in the City to see how much would cost, and the estimate for the Broadway improvements was $4.5 million and he wondered how much the City will have to invest to improve Bertling Street and Old Sprigg Street Road to accommodate the traffic from this development. Mr. Minks said that he was concerned about increased traffic and increased crime with a new development. The neighbors want more than a 20' buffer, want a fence put up, want the trees to remain, and do not want Mahy Drive to beopened up to this apartment and want utilities run off of BertlingStreet. City Planner Ryan Shrimplin said that the City cannot stipulate in a rezoning that a street cannot be opened up, but the staff can take this into consideration when reviewing the development plans. City Attorney Eric Cunningham further explained that a rezoning request cannot be approved with restrictions. The Council's authority to require such conditions can only be through a special use permit. Mr. Cunningham said that while the application is a rendition of what is proposed if the rezoning is approved, the applicant can then do anything on that property that is an allowed use under that zoning distict. Mr. Richard Renfrow, of 1817 Oak Hills Drive, addressed the Council in opposition to the requested rezoning. An increased buffer area between the development and the residential property owners will make no difference. Once the rezoning is approved, the owners can do anything allowed in an R-4 zoning district. The development will be a detriment to the area. Mr. Renfrow asked the Council to make a decision that will protect the neighbors. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular. Session October 1, 2012 11-161 Ms. Judy Grass, of 1126 Mahy Drive, appeared in opposition to the rezoning request. A 20' buffer will not buffer the noise from the apartments. Ms. Grass said that Mr. Pujol said that approximately 160 students that will be looking for housing, but there is new housing on Mason Drive, at Sprigg Street, and Lexington Avenue, and the University is building housing, so she feels there is available housing for those students. Mr. Brandon Williams, the proposed developer, addressed the Council and said that regarding the required buffer, the City requires a 20' minimum, but the ideal location to put everything is down to the east because of the grade, which is closer to Old Sprigg Street Road. If they can get 100' buffer in, they will do that. He showed the minimum for the buffer and the maximum allowed widths in the plans submitted with the rezoning application. He does not feel they could fit 162 units on the property with the landscaping and buffer set back requirements Regarding security, he said they would like to have a one bedroom apartment for an off-duty police officer to live in to provide security for the facility. Security cameras will be installed, and there will be a part-time property manager. He proposing a craftsman style look for the development, such as cement siding and stone, which is more expensive than siding but cheaper than brick. The exterior finish is a small part of cost. Students will pay $700 month fora two bedroom apartment. Mr. Voss said that the City could restrict what is done with the property with a special use permit, but with a rezoning, the property owner can do whatever they want. He said that he wants reassurance about setbacks and amenities that would restrict noise from traveling further. Mr. Williams said this will be anice development he will provide as big a setback as he can. Mr. Lanzotti asked if an applicant could request that their zoning change application be amended to be a special use permit. Mr. Cunningham said that they could if a special use permit is something that can be grantedfor that purpose within that zoning district. Mr. Shrimplin said that this development does not fall into an R-1 district. R-4 is the minimum district that allows multi- family housing. He affirmed that there is not a zoning change the Council can apply that would allow a special use permitfor this project. Mr. Basil Harrison, of 1530 Oak Lei Drive, appeared in opposition and said that he was concerned about speeding on Old Sprigg Street Road and vehicles running off the road. If this development proceeds, the traffic and wrecks will just get worse. There being no further appearances, the hearing was closed. Ms. Proffer made a motion, seconded by Mr. Summers, to approve the first reading of BILL NO. 12-131 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 ON OLD SPRIGG STREET ROAD, BERTLING STREET, AND MAHY DRIVE IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM R-1 TO R-4 In response to a question from Mrs. Schneider, City Attorney Eric Cunningham stated that the City has received a protest petition which has been determined to be adequate from the owners of more than 30% of the property within 185', and for that reason the City Council must have a z/3 majority to approve the Ordinance, which is equal to five votes. Mr. Meyer said that if the University bought the property, they would not be subject to City zoning Ordinances, because they are a State entity. The University could do what they want with the property without coming Proceedings of the City Council, City of Cape Girardeau, Mo. Regular .Session October 1,2_012 X62 before the City. Mr. Voss questioned if the development could connect to Mahy Drive. Mr. Meyer confirmed that they could put in a private drive to Mahy Drive if they chose to. The first reading of BILL NO. 12-131 was approved upon the following roll call vote: Schneider, aye; Summers, aye; Swan, aye; Voss, nay; Lanzotti, aye; Proffer, aye; Rediger, aye. APPEARANCES REGARDING ITEMS NOT ON THE AGENDA Mr. Don Howard, of 1100 Ranney Avenue, addressed the Council and said that his neighborhood needs street lights and curbs. He gave a history of crime on Ranney Avenue since February, and said that there is not enough light to deter crime in the area. They need at least six street lights in the middle of the 500 and 600 blocks of Linden Street, and the 1000, 1100, and 1200 blocks of Ranney Avenue. Mr. Meyer replied that the City conducted a study of the layout of existing street lights, and the concentration in that neighborhood is greater than most other areas of Cape Girardeau. He said that City staff will find out where Mr. Howard wants more street lights and develop a cost estimatefor possible inclusion on the Capital Improvement Projects budget. APPEARANCES Mr. Basil Harrison again addressed the Council regarding the request to rezone property located on Old Sprigg Street Road, Bertling Street, and Mahy Drive from R-1 to R-4. He said that he has to pick up a lot of trash on his property on Old Sprigg Street Road along the right-of-way. Cape Special Road District maintains this road and cuts up the trash when they mow. Mayor Rediger said that the Council has already addressed the rezoning request and would forward complaints about trash to the Cape Special Road District. Mr. John Layton, a member of the Cape Girardeau County Board of Realtors, addressed the Council regarding Residential Rental Licensing. He said that the majority of the issues he had with the Ordinance have been addressed, however there are some areas in the Ordinance to be cleaned up. He asked the Council to be open minded and toconsider amendments, if needed. Mr. Summers asked what issues remaining on the Ordinance would the Board of Realtors like to see the Council address. Mr. Layton said that if he chose not to get the rental license, when would he be required to get it? How will landlords know they have to get a license? Also, since the Ordinance says that every occupant must maintain clean and sanitary conditions, how does that get enforced? Mr. Meyer said that the City will cite a violation if they see it during an inspection. An inspection could be conducted by complaint or by the personal observance of a City official. The City has a list of landlords that the new requirements will be sent to, and staff will also work with landlord assocations and do public outreach. Mr. Lanzotti said the Council made a change to the definition of the term "agent" because a real estate agent could have been subject to these requirements. Mr. Lanzotti read Section 15-336 and asked Mr. Layton if there were any problems with adding the words, "not to include a real estate agent or realtor whose involvement is limited solely to the sale of the property." Mr. Layton answered that he approved Mr. Dave Soto, President of the Cape Girardeau County Board of Realtors and owner of Soto Property Solutions, addressed the Council regarding Residential Rental Licensing and thanked the Council for allowing them to give input on this. He said that there are lots of changes in the Ordinance from last time it was presentee and they appreciate it. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular_ . _ - Session October 1, 2012 11-163 a Ms. Joan Jones, of 2628 Maria Louise Lane, addressed the Council and said that she had founded the Neighborhood Connection 10 years ago to take care of tenant/landlord issues. She invited everyone to a picnic on Saturday, October 20, from 11 a.m.— 2 p.m. Mr. Don Howard again addressed the Counciland said that rental inspectionsare needed. BILL NO. 12-111 was given second and third readings as follows: AN ORDINANCE REPEALING ARTICLE XI OF CHAPTER 15 OF THE CITY CODE REGARDING. ROOMS TO LEASE, LET, HIRE OR RENT, AND ENACTING A NEW ARTICLE XI OF CHAPTER 15 REGARDING RESIDENTIAL RENTAL LICENSING Ms. Proffer made a motion, seconded by Mrs. Swan, to approve the second and third readings of BILL NO. 12-111 and adopt the Ordinance. Mr. Lanzotti made a motion, seconded by Mrs. Swan, to amend Section 15-336 of the Ordinance, the definition of the word "agent" to add language after the term "realtor" to read, "whose involvement is limited solely to the sale of the property." The amending motion was approved by the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Lanzotti made a motion, seconded by Mr. Summers, to amend the Ordinance to include all of the revisions included in the proposed Ordinance submitted in the Council Report in the agenda packet. The amending motion was approved by the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. The second and third readings of BILL NO. 12-111 were approved as amended and the Ordinance adopted upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-111 is ORDINANCE NO. 4363. Jim Maevers, owner of Pastimes Antiques, addressed the Council regarding the proposed new Leads Online requirements. He asked if his business would be subject to the Ordinance as an antique mall. His business accepts items off the street and offers items for sale, and leases booth space to vendors to sell their wares. Mr. Maevers said that he understands the intent of the Ordinance, but wants to know how it is going to work. Mr. Meyer said that the Council's intent was not to include the antique dealers. City staff are going to review the definitions in the Ordinance and may have to amend on the second and third readings. Mr. Voss said that the City needs to find a way to adopt these new rules, but he wants to make sure that it is not too burdensome on the business owners. Mr. Mike Sprouse, of River City Coins, appeared in opposition because it will be cumbersome to his businesses with the amount of product that he has. He deals in a lot of coins and was confused as to if he has to enter every coin into this system. The Ordinance requires that he submit the name and address of all purchases, and he feels this will deter his customers. The way the Ordinance is written, the police can come in any time to inspect his premises, and he is opposed to this. Mr. Cunningham said there is an exception in the Ordinance for collectible gold coins that may affect the items that Mr. Sprouse isjiscussing. Mr. Jay Crosnoe, of Crosnoe Gold & Silver, addressed the Council opposing the Leads Online system. His business purchases gold, silver, and coins. A letter was brought to him last Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session 9rtober-1,10112 —11-1 4 Wednesday by a police officer. It is his understanding that if the Ordinance passes, his business must list every item he buys and submit the list on the internet. If he has to list every item that he purchases from estates or from individuals, it would too cumbersome for his business. Mr. Crosnoe said that he is not a pawn shop. He obtains all of the sellers' ID and license information, and has it on record. With this ordinance the Police Department wants everything computerized so they can start searching for stolen items. His business cannot handle this type of additional work. Dr. Stephen Stigers, of 1343 Oakenwold, addressed the Council regarding the Urban Deer Hunt and distributed a copy of the Referendum Petition to the Council. He said that over 4,000 residents signed a petition requesting that Ordinance No. 4340 be repealed or put to a vote. It is difficult to think that those people didn't know what they were signing. He said it is obvious that many people in the community are opposed to urban deer hunting. The Council had a chance to vote on it before, but postponed it. If the Council fails to repeal thisOrdinance, they are choosing to drag this out for many months and spend $19,000 to $20,000 for an election. Many in his organization are willing to provide and share information on alternatives for wildlife management. Dr. Stigers asked the Council to repeal this Ordinance tonight and move on to other issues. Ms. Vivian Selby, of 1508 Briarcliff Drive, said that she collected petition signatures on the day of the primary elections. The people who signed wanted to repeal the Ordinance or they wanted a chance to say something about it. She said they are concerned about no deer count, no liability insurance, lot size, four months of hunting, and 12 months a year for target practice. Those are the same issues previously presented to the Council. She said Mrs. Schneider had strong concerns about the same issues and she represented her Ward well and voted no. Mrs. Judy Pulley, of 2206 Lakewood, addressed the Council opposing the Urban Deer Hunt and said that she, too, had collected petition signatures. She said most signers were upset at the Council's decision to allow bow hunting in the City, and even bow hunters signed the petition opposed to this Ordinance. She urged the Council to repeal the bow hunting Ordinance. Mr. Gene Pulley, of 2206 Lakewood, addressed the Council and said that one of the goals was to develop a wildlife corridor. Since urban development expanded into wildlife areas and broke up their habitats, animals must find other means to survive. A wildlife corridor provides places for these animals. There is a natural corridor along Old Sprigg Street Road, Bertling Street, Bend Road to Main Street, and includes the Sylvan Lane area. Since these areas will have increased traffic because of the casino, there are some things the City could do to make the area safer: reduce the speed limit, install new lighting, clear up the right-of-way for visibility, install flashing deer crossing signs, and install higher fences along those areas to keep animals from crossing into heavily traveled streets. He asked the Council to repeal thisOrdinance. Ms. Judy Graetz, of Sylvan Lane and former member of the Urban Deer Management Commite, asked the Council to proceed with a vote to call an election on this issue. The petition was to allow a vote and not to oppose urban deer hunting. Mr. Basil Harrison addressed the Council regarding the Urban Deer Bow Hunt. The City said that there are problems with deer but did not want to allow hunting on City -owned property. The City wants to push bow hunting -onto private property, so let them deal with the issue. Ms. Bonnie Boyd, of 1410 Stoddard, addressed the Council and said that a college student recently lost her life because she was not wearing a helmet while riding a scooter. Ms. Boyd Proceedings of the City Council, City of Cape Girardeau, Mo. Regular ___ y Session October 1, 2012 I1-165 asked if we have to wait until someone hits a deer before anything is done. She said that she agreed with Ms. Graetz and hopes that the Council proceeds with a vote on this issue. 0 Dr. Stigers said that the petition got a lot of signatures from SylvanLane and Pieronnet, including people offering financial backing. Residents on Alta Vista and the majority of people who were voting at Christ Church of the Heartland, which is in Ward 1, and more than half of the voters signed the petition there. Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first, second and third readings of BILL NO. 12-138 as follows, and adopt the ordinance AN ORDINANCE AMENDING CHAPTER 17 OF THE CODE OF ORDINANCES OF T14E CITY OF CAPE GIRARDEAU, MISSOURI, AND REPEALING SECTION 17-104 RELATING TO URBAN DEER HUNTING Mr. Lanzotti said that if a Councilmember voted "nay" for the repeal, they must vote "aye" for the special election. Mayor Rediger stated the Council has been presented a petition and that is the legal course if the Council does not repeal the Urban Deer Hunting Ordinance. Mrs. Swan said that she will vote to repeal the Ordinance due to the lack of adequate safety requirements. Mr. Voss stated since this is an emergency measure,five votes are necessary to approve it. The motion to approve first, second, and third readings of BILL NO. 12-138 and adopt the Ordinance failed upon the following roll call vote: Schneider, aye; Summers, nay; Swan, aye; Voss, nay; and Lanzotti, nay; Proffer, nay; Rediger, aye. Mr. Voss made a motion, seconded by Mr. Summers, to approve the first, second and third readings of BILL NO. 12-139 as follows, and adopt the ordinance: AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF WHETHER TO REPEAL ORDINANCE NUMBER 4340, WHICH ESTABLISHED A SYSTEM OF URBAN DEER HUNTING IN THE CITY LIMITS; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ELECTION Mr. Voss said that he was disappointed that Cape Friends of Wildlife did not accept his offer to put the vote to repeal the urban deer hunt on the November ballot, when it could have saved money for the taxpayers. He said that he spoke with Dr. Stigers the next day and Dr. Stigers made it quite clear that he would fight hunting within the City of Cape Girardeau. Mr. Voss said that he believes there is a problem in our community, he brought up the issue in response to citizen requests to protect their property. Compromise is always necessary and he said that he doesn't feel that Cape Friends of Wildlife have been willing to offer any compromise. Mr. Voss said that he is prepared to make sure there is accurate information about urban hunting in the City. Mr. Lanzotti said that there is proposed language for the ballot in the Ordinance. He said that he feels the language as it is written is confusing. Mr. Cunningham said that this Ordinance needs to set the ballot language. It is written based on the Charter language. Mr. Lanzotti made a motion, seconded by Mr. Summers, to amend the Ordinance to change the ballot question and vote to read: Proceedings of the City Council, City of Cape Girardeau, Mo. Reuular Session October 112012 X66 Shall the City of Cape Girardeau, Missouri, repeal Ordinance No. 4340 which established a system of urban deer hunting within the Cape Girardeau City limits, entitled, "An Ordinance amending Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri, and adopting a new Section 17-104 relating to Urban Deer Hunting," adopted by the City Council on July 16, 2012? If you are in favor of repealing urban deer hunting in Cape Girardeau, place an X in the box opposite "yes." If you are opposed to repealing urban deer hunting, place an X opposite the box "no." The amending motion was approved by the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. The first, second, and third readings of BILL NO. 12-139 were approved and the Ordinance adopted as amended upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12139 is ORDINANCE NO. 4364. CONSENT AGENDA A motion was made by Mrs. Swan, seconded by Mrs. Schneider, to approve the following items on the Consent Agenda: Approval of the September 4, 2012, regular and closed sessions City Council meeting minutes. BILL NO. 12-117, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION FOR IMPROVEMENTS TO INTERSECTIONS ALONG LEXINGTON AVENUE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings BILL NO. 12-118, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A MUNICIPAL AGREEMENT WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION, FOR PLACING WAY -FINDING SIGNS ON MODOT RIGHT-OF-WAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-119, AN ORDINANCE AUTHORIZING EXECUTION OF AN AIR TRAFFIC CONTROL TOWER OPERATING ASSISTANCE GRANT AGREEMENT FOR THE FISCAL YEAR 2012-2013 WITH THE MISSOURI HIGHWAYS AND TRANSPORTATION COMMISSION. Second and third readings. BILL NO. 12-121, AN ORDINANCE AMENDING SCHEDULE G OF SECTION 26-249 OF THE CITY CODE, BY AMENDING TWO HOUR PARKING ALONG A PORTION OF BELLEVUE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-122, AN ORDINANCE AMENDING SCHEDULE A OF SECTION 26-228 BY ESTABLISHING A REDUCED SPEED LIMIT ON PLYMOUTH DRIVE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular _ Session October 1, 2012 II -167 0 BILL NO. 12-125, AN ORDINANCE AMENDING CHAPTER 30 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, BY CHANGING THE ZONING OF 3364 PERCY DRIVE, IN THE CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI, FROM C-2 TO M-1. Second and third readings. BILL NO. 12-134, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH NIP KELLEY EQUIPMENT COMPANY, INC., FOR THE CAPE GIRARDEAU FLOODWALL — THEMIS CLOSURE STRUCTURE REPAIR, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 12-135, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH WATERS ENGINEERING, INC., FOR THE CAPITAL IMPROVEMENT STORM SEWER PROJECTS, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 12-136, A RESOLUTION AUTHORIZING APPLICATION TO THE MISSOURI HOUSING DEVELOPMENT COMMISSION FOR HOME REPAIR OPPORTUNITIES (HERO) GRANT FUNDING FOR THE CAPE GIRARDEAU NEIGHBORHOOD RESTORATION PROJECT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS. Reading and Passage. BILL NO. 12-140, A RESOLUTION ADOPTING A CASINO FUNDING POLICY OF THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 12-141, A RESOLUTION ADOPTING A PUBLIC ART POLICY AND PROCEDURES FOR THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE CITY MANAGER TO IMPLEMENT SAID POLICY AND PROCEDURES. Reading and Passage. Accept the improvements and authorize the final payment to Jokerst, Inc., for the County Road 618 Lift Station and Force Main Accept the Isle of Capri Main Street relocation improvements Authorize the Release of Escrow Agreement to IOC -Cape Girardeau LLC for the Isle of Capri Main Street relocation improvements The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-117 is ORDINANCE NO. 4365; BILL NO. 12-118 is ORDINANCE NO. 4366; BILL NO. 12-119 is ORDINANCE NO. 4367; BILL NO. 12-121 is ORDINANCE NO. 4368; BILL NO. 12-122 is ORDINANCE NO. 4369; BILL NO. 12-125 is ORDINANCE NO. 4370; BILL NO. 12-134 is RESOLUTION NO. 2715; BILL NO. 12-135 is RESOLUTION NO. 2716; BILL NO. 12-136 is RESOLUTION NO. 2717; BILL NO. 12-140 is RESOLUTION NO. 2718; and BILL NO. 12-141 is RESOLUTION NO. 2719. NEW ORDINANCES Mrs. Schneider made a motion, seconded by Mr. Summers, to approve the first reading of BILL NO. 12-130 as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2012 ---ISI-L68 AN ORDINANCE APPROVING THE RECORD PLAT OF LORIMIER APARTMENTS SUBDIVISION The first reading of BILL NO. 12-130 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mr. Summers, to approve the first reading of BILL NO. 12-132 as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY WOODS FIFTH SUBDIVISION The first reading of BILL NO. 12-132 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mr. Summers, to approve the first reading of BILL NO. 12-133 as follows: AN ORDINANCE AMENDING SCHEDULE P OF SECTION 26-248 OF THE CITY CODE, BY REPEALING LIMITED PARKING ALONG A PORTION OF LUCE STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-133 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mr. Summers, to approve the first reading of BILL NO. 12-142 as follows: AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT EXECUTED BY RONSON PROPERTIES, LLC, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-142 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 12-145 as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO IOC -CAPE GIRARDEAU LLC, FOR ALL OF LOT FOUR (4) OF ISLE OF CAPRI 1 ST ADDITION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-145 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, andVoss. Nays, none. Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 12-146 as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 1, 2012 II -169 0 AN ORDINANCE AMENDING SECTION 15-180 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING PAWNBROKERS AND SECONDHAND DEALERS AND ADOPTING A NEW SECTION 15-183 REGARDING W PAWNSHOP LOCATIONS Mr. Voss expressed concern that the City may be moving too fast for small business owners. He said that he supports the approval of the first reading of the Ordinance, but it should be reviewed with City business owners and staff prior to the second and third readings. Coin and jewelry dealers have expressed concern that the Ordinance would put a burden on small business owners. It is a good tool for fighting crine, but he doesn't want to hurt small business owners. Mr. Lanzotti said that Leads Online is a great fit for a fly-by-night operation but should not apply to a lot of the local small businesses. Following discussion, Mr. Voss made a motion, seconded by Mr. Lanzotti, to postpone the first reading of BILL NO. 12-146 to a future meeting. The motion to postpone was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first, second and third readings of BILL NO. 12-147 as follows, and to adopt the ordinance AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH PARTICIPATING JURISDICTIONS FOR THE SOUTHEAST METROPOLITAN PLANNING ORGANIZATION Mrs. Swan said that the Council report says that the City is responsible for 33% of 20% of the financial match, but the agreement reads that the City is responsible for 28% of the 20% financial match. Mrs. Green stated that the agreement is correct and the Council report is incorrect. The first, second, and third readings of BILL NO. 12-145 were approved and the Ordinance adopted upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-145 is ORDINANCE NO. 4371. Mr. Voss made a motion, seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 12- 143 as follows: AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN INTERGOVERNMENTAL COOPERATION AGREEMENT WITH CAPE GIRARDEAU COUNTY, DRURY DEVELOPMENT CORPORATION, AND DRURY LAND DEVELOPMENT, INC., FOR THE PURPOSE OF PUBLIC IMPROVEMENTS AND OTHER RELATED MATTERS The first reading of BILL NO. 12-143 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. There being no further business, the City Council adjourned to closed session for purposes of discussing confidential communications with legal counsel and property acquisition, pursuant to RSMo. Sections 610.021(1) and (2), upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 17017 TT_, 70 U �ry E. Redigef, Mayor /101 �- A� Gayle 16conrad, City Clerk---