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HomeMy WebLinkAboutCouncil.Minutes.01-14-2011.SpecialProceedings of the City Council, City of Cape Girardeau, Mo. Special —Session januaj:y 14, 2011 HH -213 E90942WB H SPECIAL SESSION — JANUARY 14,2011 11 The Cape Girardeau City Council convened in special session on Friday, January 14, 2011, at 5:15 p.m., with Mayor Harry E. Rediger presiding and Council Members Meg Davis Proffer, Mark Lanzotti, Loretta Schneider, Kathy Swan, Debra Tracy and John Voss present. Mrs. Schneider made a motion, seconded by Mrs. Tracy, to adopt the Agenda as presented. The motion was approved upon the following vote: Ayes, Lanzotti, Proffer, Rediger, Schneider, Swan, Tracy and Voss. Nays, ncne. Mayor Rediger stated there are two ordinances on the agenda for consideration. The first adopts a new section of the City Code relating to the Smoke -Free Air Act, and the second calls a special election relating to the same issue. Mayor Rediger stated that BILL NO. 11-08 was prepared for al I three readings as an emergency measure and read the billas follows: AN ORDINANCE ADOPTING A NEW SECTION 17-235 OF THE CODE OF ORDINANCES OF THE CITY OF CAPE GIRARDEAU RELATING TO PROHIBITING SMOKING IN INDOOR WORKPLACES AND PUBLIC PLACES, HER-EBY KNOWN AS THE "CAPE GIRARDEAU SMOKE-FREE AIR ACT". Mr. Voss made a motion to approve the reading of BILL NO. 11-08. The Ordinance was not approved due to a lack of second for the motion. Mayor Rediger stated that BILL NO. 11-09 was prepared for all three readings as an emergency measure and read the bill as follows: AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY OF CAPE GIRARDEAU, MISSOURI, ON THE QUESTION OF W14ETHER TO ADOPT AN INITIATIVE ORDINANCE KNOWN AS THE "CAPE GIRARDEAU SMOKE-FREE AIR ACT" TO PROHIBIT SMOKING IN INDOOR WORKPLACES AND PUBLIC PLACES; DESIGNATING THE TIME OF HOLDING THE ELECTION; AUTHORIZING AND DIRECTING THE CITY CLERK TO GIVE NOTICE OF T14E ELECTION Mrs. Tracy made a motion, seconded by Mrs. Schneider, to approve the reading of BILL NO. I I - 09. Mr. Lanzottl made a motion, seconded by Mr. Voss, to postpone the vote on this ordinance for a time period before the election deadline expires, to make an attempt to negotiate and potentially develop a compromise ordinance between the parties and reach a common ground. He stated the Council had been provided a new mechanism for adopting the ordinance as written and then modifying it thereafter. Ms. Tracy requested the City Attorney explain the new mechanism referenced in the motion. Due to attorney-client privilege, Mr. Lanzotti explained that he had posed the question of whether or not the ordinance could be amended by the Council if it was either adopted as written by the Council or by a vote of the people. From the information provided to the Council, he was left with the impression that amending the ordinance afterward is a possibility. To him, that added a new option, and it sparked the idea to have discussions with both the proponents and opponents of the ordinance to see if a compromise coutl be reached. Proceedings of the City Council, City of Cape Girardeau, Mo. Special Session Januai�� 14, 2011 HH -214 Mrs. Schneider stated that if this motion to postpone is approved, the Council would have to meet again before the January 25 Ih deadline to either adopt an Ordinance or to place the issue on the April ballot, per the City Charter. The City Council members discussed this issue at length. Mr. Lanzotti stated that his motion could possibly save the City the cost of an election, and he felt a compromise is a better approach. Mr. Voss spoke in favor of the amending motion, and questioned Sheri House, a member of the Petitioner's Committee present at the meeting, if she would be willing to discuss a compromise. Ms. House indicated that she is only one member of a five member committee, and that she could not speak on their behalf. Mrs. Tracy spoke at length in favor of this issue being a ballot initiative. Ms. Swan stated that she saw both sides of the issue, including the value of reaching a compromise and the value of putting the issue on the ballot. Mrs. Schneider questioned Dale Humphries, another member of the Petitioner's Committee present, if her group would be willing to discuss a compromise. Ms. Humphries indicated that she did not know whether she could talk about a compromise on behalf of the thousands of people that signed the petition. City Manager Scott Meyer discussed that under the requirements of the Charter, the options available to the Council are to set the proposed ordinance for an election or to adopt it as presented. Mr. Voss spoke in favor of Mr. Lanzotti's motion, agreeing that there may be some common ground that can be reached before deciding if this should go to a vote of the people. He expressed concern in principle about the ordinance possibly being approved by a vote of the people, and then the Council going back and amending specific sections of the ordinance. Mr. Lanzotti questioned if the public does approve the ordinance by a close margin, what guidance would the Council use to amend the ordinance. Following discussion, the motion to postpone approval of the ordinance was not approved on the following roll call vote: Davis Proffer, aye; Lanzotti, aye; Rediger, nay; Schneider, nay; Swan, nay; Tracy, nay; Voss, aye. The original motion to approve the reading of BILL NO. 11-09 was approved upon the following roll call vote: Lanzotti, aye; Rediger, aye; Schneider, aye; Swan, aye; Tracy, aye; Voss, aye; Davis Proffer, aye There being no further business, the City Council adjourned upon Mr. Lanzotti's motion, Mr. Voss' second, and the following vote: Ayes, Davis Proffer, Lanzotti, Rediger, Schneider, Swan, Tracy and Voss. Nays, none. Harry E. Rfediger, Mayor Gayle L. ((tonrad, City Clerk