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HomeMy WebLinkAboutCouncil.Minutes.05-03-2004.RegularProceedings of the City Council, City of Cape Girardeau, Mo. Reoular Session may 3, 2ow 369 700111195 REGULAR SESSION — MAY 3, 2004 The Cape Girardeau City Council convened in regular session on Monday, May 3, 2004, at 7:00 p.m. with Mayor Jay B. Knudtson presiding and Council Members Evelyn Boardman, Charles Herbst, Matthew Hopkins, Jay Purcell, Marcia Ritter and Hugh White present. Rev. Paul Kabo of First Presbyterian Church presented the invocation, and the Pledge of Allegiance was recited. Prior to the regular session, the Council convened in closed session for purposes of discussing property acquisition, litigation and confidential communications with the City Attorney, pursuant to RSMo. Sections 610.021(1) and (2), upon Mr. White's motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The minutes of the April 19, 2004, regular and closed sessions were approved upon Mr. White's motion, Ms. Boardman's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The agenda was adopted as distributed upon Mr. Hopkins' motion, Mr. Purcell's second, and the following vote: Ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Mayor Knudtson presented a plaque to Public Works employee Mike Crutcher for his many years of service to the City and wishes him well in his retirement. Mr. Tim Blattner appeared on behalf of the River Heritage Mural Association and presented an update on the Mississippi River Tales Mural which will be painted on the downtown floodwall. There will be 24 feature panels to reveal the history of what happened in a one mile stretch of the Mississippi over the last 1500 years. Approximately two-thirds of the cost will come from a federal grant, and the other one-third will come from private donations and sponsorships of the 24 panels. Mr. Blattner stated that if anyone is interested in being a sponsor to contact him or the Convention and Visitors Bureau Office. Ms. Joyce Hunter and Mr. Brandon Ivey of Westfield Shoppingtown appeared and reviewed the information they previously presented regarding the Sales Tax Holiday. They said that there are approximately 10 to 12 states that participate in a sales tax holiday, and a majority are for the back to school shopping season. The tax savings are open to everyone who purchases the particular items listed in the holiday. A sales tax holiday will invigorate all aspects of the retail industry and will produce increases in other shopping areas not included in the tax. Ms. Catherine Dunlap of Old Town Cape appeared and reviewed information from a survey completed by Downtown Merchants on the sales tax holiday. Of the ten merchants surveyed who will be affected, most are in favor of the holiday; however, several were not familiar with it, had not received information on it, and did not know the full impact to them. Mr. Herbst commended Airport Manager Bruce Loy and his staff on the excellent work they did on the Boy Scout Camporee that was held this past weekend at the airport. Mayor Knudtson stated he attended the Emergency Responders Committee Meeting in Jefferson City. At the meeting Director Tim Daniels stated that at the recent disaster exercise held at the airport, Cape conducted the most cohesive and organized activity in the state, and the area has demonstrated true organization in HAZMAT response. The Mayor commended Assistant Fire Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 3, 2004 370 T00111195 - ief Mark Hasheider, Mr. Loy and goTice Chief Steve Strong on the planning and coordination this exercise. Ms. Ritter stated that this past week city staff held a meeting with the residents of the Windwood and White Oaks area near Bloomfield Road to find out if they were interested in city services when these are extended to Prestwick Plantation. City staff discussed future plans for the area and discussed financing options for the improvements if the residents were interested. She stated that after the meeting she was not sure how much interest there was in this. City Manager Doug Leslie continued that since the meeting, residents of the White Oak area have expressed an interest in a study for providing utilities for this area, and they will be submitting a letter to this effect. At the request of the Mayor, Mr. Leslie explained that last Saturday evening, a tornado warning was issued for Cape Girardeau County, and the University sounded its emergency sirens. The 911 center and media were flooded with phone calls from residents, and they served their purpose in getting their attention. The NOAA weather radios did sound, and the public service announcement on the local channels worked well. There are still issues of notification of bad weather in open areas, such as parks. The City has talked with the University about adding on to their siren system in a limited fashion in key outdoor locations. Mayor Knudtson stated that the City is continually working to improve methods of weather warnings; however, this does come with a price. Mayor Knudtson reported on the following: 1. He recognized Parks and Recreation Director Dan Muser for his work on the Steamboat Classic Triathlon and Friends of the Park Day. 2. He thanked and congratulated Public Works Director Tim Gramling and his staff for hosting the Missouri Water and Wastewater Conference. 3. The Optimist Club Youth in Government Day will be held Wednesday, May 5, and all Council Members are invited to participate. Mr. Leslie reported on the following construction projects: • South Kingshighway/ Silver Springs Road: MoDOT has received all of their approvals with the exception of the Historical Clearance. It will be bid after July 1, will be under construction this summer, and should be done by the beginning of the school year. This project is funded 50/50 by MoDOT and the City. • North Kingshighway/Mt. Auburn Road: An additional right turn lane and a through lane will be constructed on Kingshighway after school is dismissed. • Mt. Auburn/Route K/Farrar: This project has been put out for bid and construction will begin in late summer. There will be a dual left turn lane onto Mt. Auburn and signals at Farrar. This project is funded by MoDOT. • Minnesota Street Reconstruction: Bid opening is scheduled for May 18. Construction will begin after school is out and should be completed over the summer. • Silver Springs Road Phase IV: The contractor finished placing concrete for the street. He still has to construct the remaining sidewalk, seal joints and finish the grading. • Mississippi River Walk: The contractor is about 70 % complete with this project. He has about 250 feet of walk completed and is working on the footings for the overlooks and rest of the trail. Mr. Leslie presented the Fire Sales Tax Presentation to the Council, which is currently being given to numerous city groups and other groups. Brochures will be distributed in May through utility bill inserts and will be given to all the civic groups. The Mayor encouraged citizens to ask questions about the fire tax proposal. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May -3, 2004 371 T00111195 This being the date set for a public hearing regarding the request of Dennis and Wendy Pennington for a special use permit to open a daycare for 10-20 children at their home located at 832 South Sprigg Street in an R-3, two family residential district, the hearing was opened. The City Planner's Council Letter in the agenda packet presented for the record a certified copy of the following items: (1) Section 30-39 entitled "Special Use Regulations" from the City Code; (2) the Application for Special Use Permit; and (3) the application file. Ms. Wendy Pennington appeared in support of the request and stated that the location of the daycare has changed to the main house on the premises. There being no further appearances, the hearing was closed. BILL NO. 04-93 was given first reading as follows: AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO DENNIS PENNINGTON AND WENDY PENNINGTON FOR THE PURPOSE OF MAINTAINING AND OPERATING A DAYCARE LOCATED AT 832 SOUTH SPRIGG STREET, IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-93 was approved upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the request of Clila, LP to rezone 602, 606 and 608 Maple and 630 and 634 South Sprigg from an R-3, two family residential district, to C-1, local commercial district. Mr. Scott Blank appeared on behalf of CLILA in support of the request. The company intends to solicit businesses to locate to this area, and the area residents have indicated they would be interested in a bank, restaurant, pharmacy and others that offer things the neighborhood needs. There being no further appearances, the hearing was closed. BILL NO. 04-94 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 602, 606 AND 608 MAPLE, AND 630 AND 634 SOUTH SPRIGG, CITY AND COUNTY OF CAPE GIRARDEAU, MISSOURI FROM R-3 TO C-1 The first reading of BILL NO. 04-94 was approved upon Mr. Purcell's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. This being the date set for a public hearing regarding the filing of an application for funding from the Missouri Highway and Transportation Department pursuant to Section 5311 of Title 49, United States Code, to assist in funding and operating the city's taxi coupon public transit program, the hearing was opened. There being no appearances, the hearing was closed. BILL NO. 04-85 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO FILE AN APPLICATION WITH THE MISSOURI HIGHWAY AND TRANSPORTATION DEPARTMENT FOR FUNDS TO AID IN THE FINANCING OF A PUBLIC TRANSPORTATION SYSTEM Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 3, 2004 372 700111195The reading of BILL NO. 04-85 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-85 is RESOLUTION NO. 1963. Mr. Herbst stated that the Council received a letter from a Mrs. Jenkins about the existing taxi service. He questioned if the city has met or discussed transportation issues with the county. Mr. Leslie reported that the Cape County Transit Authority is to conduct a study on transportation needs in the county and how to best coordinate services. The study will be presented to the Missouri Highway Commission at their meeting in June. The City has communicated to Kelley the waiting problems by citizens at the beginning of the month, and they indicated they are working on this to the best of their ability. The taxi coupon program is a limited program to provide basic transportation needs and is not intended to go beyond that. The Mayor requested city staff respond to Ms. Jenkins' concerns on behalf of the City Council. This being the date set for a public hearing regarding the City's submission of an application to the State of Missouri for the 2004 Community Development Block Grant Program for funding on behalf of the Community Caring Council to rehabilitate housing units and install water lines, curbs and gutters and sidewalks in the southeast part of the City, the hearing was opened. Mr. Steve Williams of the Planning Services Office reported that the City is applying for this grant on behalf of the Community Caring Council for a neighborhood development program to replace some water lines, install curbs, gutters and sidewalks, and rehabilitate approximately 24 housing units. The area to be covered under the grant is bounded by South Benton on the west, Jefferson Street on the south, South Pacific on the east, and Bloomfield Street on the north. In addition, 24 homes will receive a lead evaluation, three individuals will receive home ownership assistance, and eight supportive services classes will be provided. The total project cost will be $595,705, with the city's cash match of $43,114 and non-cash match of $49,591. Upon questioning by Ms. Ritter, he explained further that the grant will provide one-half of a down payment on a home as well as the closing costs. He is also working with the Eastern Missouri Action Agency for an AmerenUE grant for a weatherization program for homes. There being no further appearances, the hearing was closed. BILL NO. 04-87 was presented as follows: A RESOLUTION OF THE CITY OF CAPE GIRARDEAU, MISSOURI, STATING INTENT TO SEEK FUNDING THROUGH THE "COMMUNITY DEVELOPMENT BLOCK GRANT" PROGRAM ON BEHALF OF THE COMMUNITY CARING COUNCIL AND AUTHORIZING THE CITY MANAGER TO PURSUE ACTIVITIES IN AN ATTEMPT TO SECURE FUNDING The reading of BILL NO. 04-87 was approved and the resolution adopted upon Ms. Ritter's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-87 is RESOLUTION NO. 1964. The following bills were given second and third readings: BILL NO. 04-65 AN ORDINANCE VACATING AN ALLEY RUNNING SOUTH OFF OF DUNKLIN STREET TO AN EAST/WEST ALLEY BETWEEN ILLINOIS AVENUE AND PARK AVENUE IN THE CITY OF CAPE GIRARDEAU, MISSOURI Proceedings of the City Council, City of Cape Girardeau, Mo. $Puular Session May 3, 2004 373 T00111195 BILL NO. 04-83 AN ORDINANCE APPROVING THE RECORD PLAT OF TWIN LAKES SECOND SUBDIVISION The second and third readings of BILL Nos. 04-65, and 04-83 were approved and the ordinances adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-65 is ORDINANCE NO. 3313; BILL NO. 04-83 is ORDINANCE NO. 3314. BILL NO. 04-90 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO MARQUETTE OFFICE BUILDING, L.L.C., FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-90 was approved upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-89 was given first reading as follows: AN ORDINANCE AUTHORIZING THE MAYOR TO EXECUTE A QUIT CLAIM DEED TO ZIMMER PROPERTIES, L.L.C., FOR REAL PROPERTY LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI The first reading of BILL NO. 04-89 was approved upon Ms. Boardman's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-91 was given first reading as follows: AN ORDINANCE AUTHORIZING EXECUTION OF AN AIRPORT ASSISTANCE AGREEMENT BETWEEN THE STATE HIGHWAYS AND TRANSPORTATION COMMISSION OF MISSOURI AND THE CITY OF CAPE GIRARDEAU MISSOURI FOR THE CAPE GIRARDEAU REGIONAL AIRPORT The first reading of BILL NO. 04-91 was approved upon Mr. Herbst's motion, Mr. Purcell's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-77 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A PROFESSIONAL SERVICES CONTRACT WITH CRAWFORD, MURPHY & TILLY, INC., FOR VARIOUS PROJECTS AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 04-77 was approved and the resolution adopted upon Ms. Boardman's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-77 is RESOLUTION NO. 1965. BILL NO. 04-92 was presented as follows: Proceedings of Regular 700111195 the City Council, City of Cape Girardeau, Session May 3, 2004 Mo. 374 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE SUPPLEMENTAE PROFESSIONAL SERVICES CONTRACT, PROJECT AGREEMENT NUMBER 1, WITH CRAWFORD, MURPHY & TILLY, INC., FOR VARIOUS PROJECTS AT THE CAPE GIRARDEAU REGIONAL AIRPORT The reading of BILL NO. 04-92 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-92 is RESOLUTION NO. 1966. BILL NO. 04-84 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE STATE EMERGENCY MANAGEMENT AGENCY FOR A CITIZEN CORPS FUNDING GRANT FOR THE CAPE GIRARDEAU FIRE DEPARTMENT, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 04-84 was approved and the resolution adopted upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-84 is RESOLUTION NO. 1967. BILL NO. 04-86 was presented as follows: A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A RELEASE OF LIEN FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM The reading of BILL NO. 04-86 was approved and the resolution adopted upon Mr. Herbst's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Ritter. Nays, none. Mr. Purcell abstained for financial reasons because the release of lien is for his mother-in-law. Mr. White abstained for financial reasons because he represented Ms. Mayberry in a real estate transaction. BILL NO. 04-86 is RESOLUTION NO. 1968. BILL NO. 04-88 was presented as follows: A RESOLUTION AUTHORIZING APPLICATION TO THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT FOR AN ECONOMIC INITIATIVE DEVELOPMENT GRANT FOR THE PAINTING OF A MURAL ON THE FLOODWALL LOCATED IN THE CITY OF CAPE GIRARDEAU, MISSOURI, AND AUTHORIZING THE CITY MANAGER TO EXECUTE ALL NECESSARY GRANT DOCUMENTS The reading of BILL NO. 04-88 was approved and the resolution adopted upon Mr. Herbst's motion, Ms. Boardman's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. BILL NO. 04-88 is RESOLUTION NO. 1969. Mr. Donald Berg was appointed to the Vision 2020 Community Relations Council for a term expiring December 31, 2004, and Mr. Kevin Sexton was appointed for a term expiring December 31, 2005, upon Mr. Purcell's motion, Mr. Hopkins' second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. The following liquor licenses were renewed upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, Proceedings of the City Council, City of Cape Girardeau, Mo. Regular- Session AU), j 375 none. m i Wholesaler of Malt Liquor Not In Excess of 5%: Thilenius Distributing Co. d/b/a River Eagle Distributing Co., 2346 Rust Ave., Gene Patterson, Managing Officer. The following liquor licenses were conditionally renewed upon Mr. Purcell's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Retail Liquor by the Drink and Sunday Sales: Out of Bounds Bar & Grill LLC d/b/a Bel Air Grill, 24 S. Spanish, Misty Thrower, Managing Officer Ray Drury d/b/a Cape Elks Lodge #639, 639 Limbaugh Ln., Ray Drury, Managing Officer William D. Stoffel d/b/a Fraternal Order of Eagles #3775, 32 N. Spring, William D. Stoffel, Managing Officer O'Charley's Inc d/b/a O'Charley's Store #376, 3093 William, Sandra Cary, Managing Officer GMRI Inc d/b/a Red Lobster #0707, 3269 William, Robert Bresnahan, Managing Officer Retail Liquor by the Drink: Minkin Enterprises LLC d/b/a Cafe Azu, 1315 Broadway, Erik Minkin, Managing Officer Patricia Allen d/b/a Celebrations, 615 Bellevue, Patricia Allen, Managing Officer Janet Bierschwal d/b/a Recovery Room, 1611 Independence, Janet Bierschwal, Managing Officer 5% Beer By the Drink: Chan Po Chun d/b/a Chan's Restaurant, 1159 N. Kingshighway, Chan Po Chun, Managing Officer Quing Hong Wu d/b/a Chinatown Buffet, 213 S. Kingshighway, Quing Hong Wu, Managing Officer Original Package Liquor and Sunday Sales: Phillip T. McClellan d/b/a CRS Auto Sales & Convenient Store, 109 N. Mason, Phillip McClellan, Managing Officer Pajco Inc d/b/a Jaspers #130, 407 Morgan Oak Pajco Inc d/b/a Rhodes 101 Stop #110, 1008 N. Kingshighway Pajco Inc d/b/a Rhodes 101 Stop #120,2109 William Pajco Inc d/b/a Rhodes 101 Stop #125, 10 S. West End Blvd Pajco Inc d/b/a Rhodes 101 Stop #170, 1610 N. Kingshighway Pajco Inc d/b/a Rhodes 101 Stop #180, 449 S. Kingshighway Pajco Inc d/b/a Rhodes 101 Stop #195, 1126 N. Sprigg Paul Dimberger, Managing Officer Original Package Liquor, Wine Tasting & Sunday Sales: Schnuck Markets Inc d/b/a Schnuck's, 19 S. Kingshighway, Robert Wiegert, Managing Officer 5% Beer by the Drink and Sunday Sales: Cape Girardeau Missouri Parks Development Foundation d/b/a Shawnee Park Sports Complex, 1157 West End Blvd., Daniel Muser, Managing Officer Ms. Ritter commented that at the Rhodes locations on William and North Sprigg an employee of Rhodes identified all but one of the individuals who presented a fake identification, which is very noteworthy for the employee. Police Chief Steve Strong explained that the Police Department offers training for local convenience stores, and Rhodes is one that took advantage of the training. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session May 3, 2004 376 The City Council discussed issues relating to the Sales Tax Holiday approved by the State Legislature, including the timing, the financial impact to the city, and the pros and cons to opting out of the holiday. Mayor Knudtson stated that the Chamber of Commerce Board will take action on this issue at their meeting on May 4, and it is important that the city be in step with the Chamber. If the Chamber endorses the sales tax holiday and if the Council desires to participate, then it will not be necessary for the Council to take any action. However, he questioned whether a motion should be approved simply to clarify the issue. Mr. White stated that he felt the Council should approve a motion to express its desires and make it clear to the citizens the Council's intent. Following discussion, the Council agreed to discuss this issue and make a decision at the next City Council meeting. Mayor Knudtson stated that previous Councils had changed the city code relating to advisory boards and commissions, including increasing the number of members on each board and establishing term limits. City staff has presented to the Council proposed changes to the advisory board ordinances, and he questioned whether or not the Council wanted to change the regulations of these boards. Following discussion by the Council Mr. Leslie explained that a group of employees reviewed the city codes relating to advisory boards. The group reviewed term limits and recommends that the two -term limit be repealed; however, staff would be comfortable with a three -term limit and allowing a board member to reapply after he or she had been off of a board for one year. Although staff did not review the issue of the number of members on each advisory board, they were aware that some boards are have difficulty meeting quorum. Ms. Ritter challenged the staff to look at additional ways to get more people to apply for advisory boards, possibly by giving presentations or sending letters to service clubs. Following further discussion, the Council agreed to place this item on the next agenda for action, and requested information on each advisory board including the number of vacancies, expertise required, the number of qualified applicants on file, and how many positions have been lost to term limits. The preliminary plat of Deevers Farm was approved upon Mr. White's motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. Upon questioning by Mr. Herbst, Mr. Leslie reported on the status of the review of the flood plain maps for the City. Although FEMA had some questions on the review, this should not delay the process, and it is anticipated the new maps will be adopted in December of this year. There being no further business, the meeting adjourned upon Mr. Hopkins' motion, Mr. Herbst's second, and the following vote: ayes, Boardman, Herbst, Hopkins, Knudtson, Purcell, Ritter, White. Nays, none. 4GaIeLIC�fonrad, City Clerk