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HomeMy WebLinkAboutCouncil.Minutes.10-15-2012.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2012 II -173 REGULAR SESSION — OCTOBER 15, 2012 The Cape Girardeau City Council convened in regular session on Monday, October 15, 2012, with Mayor Harry Rediger presiding and Council Members Mark Lanzotti, Meg Proffer, Loretta Schneider, Trent Summers, Kathy Swan, and John Voss present. Prior to the regular session, the City Council convened in 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. Pastor Paul Short, of St. Andrew Lutheran Church, presented the invocation, and the Pledge of Allegiance was recited. Mrs. Schneider made a motion, seconded by Mr. Voss, to remove the Ordinance granting a Special Use Permit to Saint Francis Medical Center for a building addition exceeding five stories and/or sixty feet in height, from the Consent Agenda, and to adopt the agenda as amended. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. COMMUNICATIONS/REPORTS Mayor Rediger said that IOC -Cape Girardeau announced the opening of the Isle of Capri Casino at 10:30 a.m. on Tuesday, October 30, 2012. The Mayor stated that the Parks and Recreation Department hosted the third of four State-wide Special Olympics events this past weekend, with over 800 athletes competing. He commended Parks and Recreation Director Julia Thompson, Parks Division Directors Penny and Scott Williams, and all of the Parks and Recreation staff that contributed. Mayor Rediger attended an event benefitting homeless residents at the Osage Centre with over 200 volunteers. Not everyone who sought services at the event were homeless, but all had specific needs. In addition, he participated in a mental health awareness event at Arena Park, which was one of five such events taking place over the weekend in Missouri. Mrs. Schneider said that the Keep Cape Beautiful Beautification Committee has had several meetings, and they welcome anyone who wants to join them. She also reminded everyone of the Parks & Recreation Foundation Spaghetti Day fundraiser on November 14. City Manager Scott Meyer announced that Public Information Manager Nicolette Brennan completed the Dale Carnegie Course Skills for Success and twice was awarded the Breakthrough Award by her classmates. He commended Ms. Brennan for her work and her success. Mr. Meyer said that the LeadsOnline Ordinance is still being researched by City staff. Staff has met with many of those affected by this Ordinance, including pawnshop brokers, antique dealers, and gold and silver traders. Staff is looking to modify the Ordinance to address their concerns, and the draft will be on a future Agenda for first reading. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session OvInher 15, 20124 APPEARANCES Mr. Basil Harrison, of 1530 Oak Lei Drive, appeared in opposition to the rezoning of properties located on Old Sprigg Street Road, Bertling Street, and Mahy Drive, from R-1 to R-4. He said this rezoning will cause problems in the neighborhood, and the University is just getting some off -campus housing as a result of this rezoning because the units proposed to be constructed will be rented mostly to students. If it is going to be off -campus housing, then the University police should provide security for this apartment complex. A female addressed the Council regarding the proposed Ordinance regulating the operation of scooters. She requested the Council consider removing the requirement that motorized bicycles be limited to streets with a speed limit of no more than 30 mph. She did not think that motorized bicycles were the same as scooters. State law says that motorized scooters can be driven on public roads if the driver holds a valid drivers license, and mopeds and bicycles have the same rights and responsibilities on the roads as other vehicles. Students are using scooters because they are more economical, and she is disappointed that driver education is not included in this Ordinance. Mr. Roger Riley, of the Road Riders Association, appeared and said that they try to educate the motoring public about motorized bikes and scooters on the highways. Education, including basic training, is needed for scooter riders, and he felt the University should require basic training for scooter riders before issuing them a permit. He suggested a 4-6 hour training program for scooter riders on campus before they are issued a permit. Regarding the 30 mph speed limit, Mr. Riley said that he has followed vehicles thiough town at 15 mph and motorists pass them unsafely. Ms. Belinda Shariff, a member of the Golden Road Riders Association, addressed the Council and said that she rides a motorcycle and a scooter. Education of scooter drivers and other drivers is necessary, and she agreed that helmets and protective gear should be worn. She said the Council needs to recognize the difference in CC engines and understand how fast they can travel. Mr. Lanzotti said that the definition of "motorized bicycle" is defined by the State as a two - wheeled vehicle, automatic, 50 CC or under. The road speed limitation is only to motorized bicycles. This Ordinance does not apply toscooters licensed in excess of 50 CC, and those would fall under motorcycle regulations. Ms. Shariff expressed concern that the police will not be able to differentiate between a scooter or a motorized bicycle, because they are similar in size and look. Mr. Mike Schlimme, of 735 North Mt. Auburn Road, addressed the Council in support of the Ordinance regarding the operation of scooters. He felt the Ordinance should have an insurance requirement, should include a safety course requirement and should require that operators have a valid license. Mr. Meyer explained that a City Ordinance can be more restrictive than State law. He also explained that the University police are fully commissioned officers of the City, and they have the full authority ofthe Cape Girardeau Police Department. Mr. Blake Hems, a student at Southeast Missouri State University, addressed the Council and said that enforcement of the new Ordinance will fall on the University Department of Public Safety. Out of 49 total Part 1 crimes reported on campus, he said that only one was cleared by DPS. He questioned giving DPS the additional work requiredto enforce this Ordinance. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2012 11-175 Ms. Lauren Ditto, a student at Southeast Missouri State University, appeared and said that she was concerned about the restriction limiting the speed limit of the roads on which a scooter can travel. Her only means of transportation is a scooter, and with this limit, she would be unable to W get to work. Mr. Jordan Raines, of 701 Penny Avenue, appeared and questioned why the Council feels this Ordinance is necessary now. The Mayor explained that there has been an increase in the number of scooter accidents, including a death; the number of scooters registered at the University has increased; and the City and the University have increased safety concerns. The University and the City came together and agreed that it is time to address scooter safety. Mr. Raines said that the 30 mph speed limit restriction is a problem for getting around town, especially to the central and west sides of town. If the Council wants an Ordinance, it should be written with the assistance and inputof scooter riders. Mr. Meyer said that the Ordinance is available to view online. The second and third readings of the Ordinance will be on the next City Council meeting agenda. He asked scooter owners to read the Ordinance and submit their input to the City. A resident of Sprigg Street addressed the Council and said that safety and education of drivers is his biggest concern. Scooter drivers are careless,and he feels that helmets should be wom. Mr. Mitchell Brenner appeared and said that Mr. Voss was quoted in the paper as saying that the City needs to figure out how to reduce the frequency of accidents. The practical answer is being proactive rather than reactive to tragic events. Scooters are cost effective for students, and that makes them appealing. The 30 mph speed limit restriction is too limiting because it reduces the range within which scooter riders can travel, and the limit should be 35 to 40 mph. Scooters are designed to ride with two people. State law requires that each scooter driver have an operator license and abide by the same laws as motor vehicle drivers. All other offenses for a vehicle driver should be enough to regulate scooters. Some cities require a $5permit to register them and have a sticker, but this is simply so the City knows who is driving a scooter. Regarding helmet requirements, people should be able to make their own decision on whether to wear them. Only 19 states have helmet laws, and wearing them should be the choice of the rider. The City should be proactive and require scooter drivers toattend an education training course. Mr. Jake Beckman, a student at Southeast Missouri State University, appeared and said that he lives on Sprigg Street and operates a 50 CC scooter. If this Ordinance is adopted, he cannot travel on a road with a speed limit over 30 mph, and he cannot leave his driveway. He felt that it should be a driver's decision whether or not to weaa a helmet Mr. Ross Freeman, of 912 Forest Avenue, appeared before the Council regarding BILL NO. 12- 156, restricting underage persons after 10:00 p.m. from establishments deriving more than 35% of their income from alcohol sales. He asked if there a list of businesses that will be affected by this bill. Mayor Rediger answered that this is the first reading of the Ordinance, and that the second and third readings will be on the next Council meeting agenda. Mr. Meyer said that the City does not have information on busincsses to determine what is food and/or beverage income Mr. Freeman said that he is 22 years old, but this Ordinance will limit the time and place where he can socialize with people that are under the age of 21. He does not condone underage drinking but this Ordinance will not address underage drinking problems. Those that want to drink will find a way to buy and will go somewhere else to drink it, and not go to restaurants. He asked how people will know which restaurants they can go to after 10:00 p.m. People under 21 Proceedings of the City Council, .City of Cape Girardeau, Mo. Reunlar Session October 15, 2012 -XI=176 years of age don't go to these types of establishments to drink. This Ordinance is not addressing the underage drinking problem. Mr. Lanzotti said that the 35% in alcohol sales will not encompass restaurants like Beef O'Brady's, Buffalo Wild Wings,or similar restaurants. If it is a bar, by the general understanding of a bar, then this Ordinance will affect those locations. If it is a restaurant, it Wi not be affected. Ms. Regina Ivy appeared in support of the Ordinance rezoning 1249 South Kingshighway from M-2 to M-1. She works for Mrs. Dana King, the applicant, and supports Mrs. King and her request to use this location to house animals for her business. CONSENT AGENDA A motion was made by Mr. Voss, seconded by Mrs. Schneider, to approve the following items on the Consent Agenda: Approval of the October 1, 2012, regular and closed sessiors City Council meetingminutes. BILL NO. 12-127, 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. Second and third readings BILL NO. 12-128, 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. Second and third readings. BILL NO. 12-129, 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. Second and third readings. BILL NO. 12-131, 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. Second and third readings. BILL NO. 12-130, AN ORDINANCE APPROVING THE RECORD PLAT OF LORIMIER APARTMENTS SUBDIVISION. Second and third readings. BILL NO. 12-132, AN ORDINANCE APPROVING THE RECORD PLAT OF GIBONEY WOODS FIFTH SUBDIVISION. Second and third readings. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 15, 2012 11-177 BILL NO. 12-133, 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. Second and third LU readings. BILL NO. 12-142, AN ORDINANCE ACCEPTING A PERMANENT UTILITY EASEMENT EXECUTED BY RONSON PROPERTIES, LLC, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-145, 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 1sT ADDITION, IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Second and third readings. BILL NO. 12-143, 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. Second and third readings. BILL NO. 12-154, A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A SUBORDINATION AGREEMENT WITH THE BANK OF MISSOURI FOR A NEIGHBORHOOD STABILIZATION PROGRAM GRANT AGREEMENT, FOR THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. BILL NO. 12-150, A RESOLUTION ADOPTING THE MISSOURI HOUSING DEVELOPMENT COMMISSION REHABILITATION STANDARDS FOR THE HOME REPAIR OPPORTUNITY (HERO) PROGRAM IN THE CITY OF CAPE GIRARDEAU, MISSOURI. Reading and Passage. Accept the improvements and authorize the final payment to Fronabarger Concreters, Inc., for Bloomfield Road Phase IV, Transportafon Trust Fund III. Accept the sewer line relocations and water main extension to serve area along Fox Lane. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-127 is ORDINANCE NO. 4372; BILL NO. 12-128 is ORDINANCE NO. 4373; BILL NO. 12-129 is ORDINANCE NO. 4374; BILL NO. 12-131 is ORDINANCE NO. 4375; BILL NO. 12-130 is ORDINANCE NO. 4376; BILL NO. 12-132 is ORDINANCE NO. 4377; BILL NO. 12-133 is ORDINANCE NO. 4378; BILL NO. 12-142 is ORDINANCE NO. 4379; BILL NO. 12-145 is ORDINANCE NO. 4380; BILL NO. 12-143 is ORDINANCE NO. 4381; BILL NO. 12-154 is RESOLUTION NO. 2720; and BILL NO. 12-150 is RESOLUTION NO. 2721. ITEMS REMOVED FROM CONSENT AGENDA BILL NO. 12-137 was given second and third readings as follows: Proceedings of the City Council, City of Cape Girardeau, Mo. Re¢nlar Session October 15, 2012_ _ IL178 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 second and third readings of BILL NO. 12-137 were approved and the Ordinance adopted upon Mr. Lanzotti's motion, Mrs. Schneider's second, and the following vote: Ayes, Lanzotti, Proffer, Schneider, Summers, Swan, and Voss. Nays, none. BILL NO. 12-137 is ORDINANCE NO. 4382. Mayor Rediger abstained from voting on BILL NO 12-137 for financial reasons, because he is on a for-profit Board for St. Francis Medical Center. NEW ORDINANCES Mr. Voss made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 12-148 as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO DRURY SOUTHWEST, INC. FOR PROPERTY AT 846 FOX LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-148 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 12-149 as follows: AN ORDINANCE ACCEPTING A SANITARY SEWER EASEMENT FROM DRURY SOUTHWEST, INC. FOR PROPERTY AT 846 FOX LANE, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-149 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. 12-151 as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF VILLAGE PLACE SUBDIVISION The first reading of BILL NO. 12-151 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO 12-152 as follows: AN ORDINANCE AMENDING SCHEDULE F OF SECTION 26-247 OF THE CITY CODE, BY AMENDING NO PARKING ALONG A PORTION OF BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-152 was approved upon 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 15, 2012 II -179 Mrs. Schneider made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 12-153 as follows: AN ORDINANCE AMENDING SCHEDULE T OF SECTION 26-260 OF THE CITY CODE, BY AMENDING HANDICAPPED PARKING ALONG A PORTION OF BROADWAY, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 12-153 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Voss noted that the Broadway Corridor ribbon cutting ceremony is scheduled for Friday, October 26, at 9:00 a.m. between Middle and Fountain Streets, with a rain day of October 31. Mrs. Swan made a motion, seconded by Mrs. Schneider, to approve the first reading of BILL NO. 12-155 as follows: AN ORDINANCE APPROVING THE RECORD PLAT OF WALDEN PARK - PHASE I A The first reading of BILL NO. 12-155 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Mys, none. Mrs. Schneider made a motion, seconded by Mr. Lanzotti, to approve the first reading of BILL NO. 12-156 as follows: AN ORDINANCE AMENDING CHAPTER 5 OF THE CODE OF ORDINANCES, OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING ALCOHOLIC BEVERAGES Mr. Lanzotti said that he has talked with several restaurants that serve alcohol, and they are comfortable with the 35% level set in the ordinance. It will not affect restaurants such as Beef O'Brady's, Buffalo Wild Wings, or E1 Torero. Mr. Voss said that he was concerned about the way the Ordinance deals with the age restriction, with no exemption for employees. There are many establishments that employ people under 21 years of age. The intent is not to be a hardship to employers or employees. He eked City staff to review the final wording of the Ordinance for an amendment that would not restrict employers or employees and target at reducing underage alcohol consumption. Mr. Summers questioned how many businesses that already permit 18 to 20 year-olds in their establishments would fall into the 35% threshold. He is concerned that the Ordinance may not be as effective as the Council may think it would be, and he is unsure that it will achieve the Council's goals. Underage drinking does not necessarily take place in public establishments. If there is a problem with underage drinking, either on or off the University campus, that issue should be addressed specifically. Mr. Voss said that the City has tried to address minors in possession by consumption to the point that underage drinkers may get alcohol and go to a private residence. The City has adopted the MIP by consumption ordinance to handle those private residences. This is one component of trying to help young people make better choices. Ms. Proffer said that she has a problem with the terminology in the Ordinance, that if a person is under the age of 21, they must have a parent or legal guardian with them at the restaurant. She Proceedings of the City Council, City of Cape Girardeau, Mo. RPunlar Session October 15, 2012 --1"O said there are adults and possibly married people that have underage spouses or significant others that cannot go to these locations. The first reading of BILL NO. 12-156 was approved upon the following vote: Ayes, Lanzotti, Rediger, Schneider, Swan, and Voss. Nays, Proffer, and Summers. Mr. Voss made a motion, seconded by Mrs. Swan, to approve the first reading of BILL NO. 12- 157 as follows: AN ORDINANCE AMENDING SECTION 22-82 OF THE CITY CODE, RELATING TO PLACING HANDBILLS ON OR IN VEHICLES Mrs. Schneider asked if there is anything the City can do as a followup to this repeal, and feels there will be an increased number of handbills that will be scattered throughout the City. Mr. Meyer said that owners of private property, including businesses, could limit the placement of handbills on their property and their parking lots. City Attorney Eric Cunningham stated that a private business could address the issue in several ways. The person distributing the materials could be charged with trespass if the business prohibited the placement of handbills. Private property owners can make their own rules for their property. Upon questioning by Mr. Summers, Mr. Cunningham explained that the previous Ordinance was applicable only on public property, and handbills could have been placed on vehicles on private property with the owner's permission. The first reading of BILL NO. 12-157 was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. Mr. Lanzotti made a motion, seconded by Mr. Voss, to approve the first reading of BILL NO. 12- 158 as follows: AN ORDINANCE AMENDING SECTION 26-393 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU, MISSOURI, REGARDING REQUIRED EQUIPMENT WHILE OPERATING A SCOOTER Mrs. Schneider said there aren't many speed limit signs on Sprigg Street, specifically between Lexington and North Street. She said that the limitation should be 35 mph rather than 30 mph. Mrs. Schneider made a motion, seconded by Mr. Summers, to amend the Ordinance to allow scooters on streets witha speed limit of 35 mph and lower. Mr. Voss said that state law regulates the speed of motorized vehicles to 30 mph. Mr. Cunningham said that by definition of State law, a motorized bicycle cannot go over 30 mph. The State law is based on speed and the size of the engine. Mr. Voss asked if the Council is bound by state statute. Mr. Cunningham answered that if the vehicle is going faster than 30 mph, the vehicle does not meet the State definition of a motorized bicycle. The amending motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, and Summers. Nays, Swan, and Voss. Mr. Lanzotti said that the provision as proposed does not require a motorcycle endorsement. That issue has been raised. Based upon information from staff, he understands that requiring a motorcycle endorsement is under the purview of the State, and our desire to have that as part of the Ordinance is not practical and not enforceable. Mr. Cunningham agreed with Mr. Lanzotti's 0 J 0 W Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session October 152012 11_181 assessment. Mr. Lanzotti said that on the requirement of insurance, Missouri has a financial responsibility provision for motor vehicles. This proposed Ordinance is lacking in that regard, in that it does not require insurance on these vehicles. RSMo. Section 317.180 exempts them as motor vehicles for the purposes of homeowners and rental insurance, yet the State does not require them to have insurance. He asked if State law would preclude the City from requiring insurance. Mr. Cunningham answered that it precludes "motorized bicycles" from the "motorcycle" defmition for our Ordinance. Mr. Lanzotti said that State law allows them to operate on roadways, but the Council can be more restrictive than the State statute and make restrictions for health and public safety. Mr. Cunningham affirmed that proposition, as long as the State has not prohibited it. That point has not been decided in courts as to whether that exception counts as a prohibition. Mr. Lanzotti made a motion, seconded by Mr. Voss, to amend the Ordinance to require insurance for operating on a public roadway as required for other vehicles on roadways, due to the property damage that can be caused. He said that an insurance requirement is not precluded by State statute, but it is also not required. Mr. Summers asked if the amendment would require the same insurance for all bicyclists Mr. Meyer said that it is difficult to compel them to provide proof that they have insurance. The City cannot practically license these vehicles, but it could require the driver to display proof of insurance when they are stopped Mr. Voss asked if an operating pass is construed as a license under the law. Mr. Cunningham said that the University has a registration system for scooters, but that point has not been specifically stated in State law. Mr. Voss said that a bicyclist hit his car and caused extensive damage to his vehicle, but he had to pay for repairs because bicyclists are not required to have insurance. Riders have a responsibility to be financially responsible for their deisions. Mr. Voss said that they should have insurance with liability coverage for damages they cause to other people's property. The amending motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, Summers. Mr. Summers made an amending motion, seconded by Ms. Proffer, to remove the requirement that operators and passengers of motorized bicycles wear protective headgear when traveling. Following discussion the amending motion failed upon the following roll call vote: Proffer, aye; Rediger, nay; Schneider, nay; Summers, aye; Swan, nay; Voss, nay; and Lanzotti, nay. Mr. Voss asked about requiring lighting on motorized bicycles. Mr. Cunningham said that there are already extensive requirements for font and back lighting in the current City Ordinance Mrs. Swan asked if the City or the University would coordinate operator education. The Mayor said that he will communicate that to the University. Mrs. Swan said that it does not sound like the City can implement a license requirement. She said that if the City cannot require operators to provide proof of insurance, then they cannot require proof that the operator completed a safety training course. The motion to approve the Ordinance as amended was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, and Voss. Nays, Summers. Proceedings of the City Council, City of Cape Girardeau, Mo. RPQnlar Session October 15, 2012 li_1R2 APPOINTMENTS Ms. Caryn Michel was re -appointed, and Mr. Jerry Grim was appointed, to the Golf Course Advisory Board for terms expiring November 12, 2015, upon Mr. Voss' motion, Mr. Summers' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Summers, and Voss. Nays, none. Mr. Craig Billmeyer, Ms. Dana Deisher, and Ms. Bari Neff were re -appointed, and Mr. Roger Hudson was appointed, to the Parks and Recreation Advisory Board for terms expiring October 29, 2015, upon Mrs. Schneider's motion, Mr. Summers' second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Summers, and Voss. Nays, none Mr. Wayne Bowen and Mr. Bill Hinckley were re -appointed, and Mr. Larry Dowdy was appointed, to the Planning and Zoning Commission for terms expiring November 1, 2016, upon Mr. Voss' motion, Ms. Proffer's second, and the following vote: Ayes, Lanzotti, Hoffer, Rediger, Schneider, Swan, Summers, and Voss. Nays, none. Mrs. Swan made a motion, seconded by Mr. Voss, to appoint the Mayor and City Manager to the Southeast Missouri Metropolitan Planning Organization Board of Directors for terms expiring November 1, 2014, with the Mayor Pro -Tempore and Assistant City Manager -Administrative Services Director serving as alternates. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Simmers, and Voss. Nays, none. There being no further business, the City Council adjourned upon Mr. Voss' motion, Mr. Lanzotti's second, and the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Summers, Swan, and Voss. Nays, none. arry E. R dig r, Mayor Gayle 4. Conrad, City Clerk