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HomeMy WebLinkAboutCouncil.Minutes.01-23-2023.RegularSession Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 23, 2023 LL-249 STUDY SESSION—January 23,2023 NO ACTION TAKEN DURING THE STUDY SESSION The Cape Girardeau City Council held a study session at the Cape Girardeau City Hall on Monday, January 23, 2023, starting at 5:00 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Robbie Guard, Dan Presson, Tameka Randle, Nate Thomas, and Shannon Truxel present. REGULAR SESSION—January 23,2023 CALL TO ORDER The Cape Girardeau City Council convened in regular session at the Cape Girardeau City Hall on Monday, January 23, 2023, starting at 5:50 p.m. with Mayor Stacy Kinder presiding and Council Members Mark Bliss, Robbie Guard, Dan Presson, Tameka Randle, Nate Thomas, and Shannon Truxel present. ADOPTION OF THE AGENDA A Motion was made by Robbie Guard, Seconded by Dan Presson,to approve and adopt. Motion passed. 7-0. Ayes: Bliss,Guard, Kinder, Presson, Randle,Thomas,Truxel. PUBLIC HEARING A public hearing to consider the proposed voluntary annexation of property located at 3101 County Road 620. Mayor Kinder opened the hearing. David Limbaugh expressed concerns with traffic, safety and adverse effects on the neighborhood. Zac Hutson, 2939 Waldon Blvd, voiced concerns with increased traffic and negative consequences for the area. Paul Behrens stated concerns that this development could adversely affect home values in the area,and he reviewed annexation law. Jennifer Gast, 265 Misty Hollow Lane, stated the neighborhood does not support this annexation. Bleau Deckerd, developer of the land in question, discussed his proposed plans for the property and commented on other developments he has completed in the city. Sara Nowicki, 450 Deer Creek Lane, spoke in opposition to the annexation Bonnie Coy-Svenson of Price Drive expressed concerns with the lack of area available for plantings. There being no further appearances, the hearing was closed. The Mayor announced this issue will not be acted upon by the City Council at this meeting. A public hearing to consider a request to rezone property located at 2530 Marsha Kay Drive from Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 23, 2023 LL-250 R-1 (Single-Family Suburban Residential District) to NC (Neighborhood Commercial District). Mayor Kinder opened the hearing. Jeff Gibson,2530 Marsha Kay, spoke in support of the request. Tom Hamilton and Martha Hamilton, 2450 Fairview, spoke in opposition to the request. Leon Book, 2460 Fairview, spoke in opposition to the request. Mory Duffy, 907 N. Cape Rock, spoke in opposition to the request, expressing concerns with safety. Les Lindy, 2528 Marsha Kay, questioned if the property were to be zoned commercial, would sidewalks be required. Patricia Book,2460 Fairview, spoke in opposition to the request, expressing concerns with safety. There being no further appearances,the hearing was closed. A public hearing to consider a proposed amendment to Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Marijuana Facilities, Medical Marijuana Facilities, and Personal Cultivation of Marijuana. Mayor Kinder opened the hearing. There being no appearances,the hearing was closed. CONSENT AGENDA Approval of the January 9,2023, City Council regular and closed session minutes. BILL NO. 23-01, 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 2854 Cape LaCroix Road, in the City and County of Cape Girardeau, Missouri, from R-1 to R-4. Second and Third Readings. BILL NO. 23-02, an Ordinance imposing a sales tax at a rate of three percent on all tangible personal property retail sales of adult use marijuana sold in the City of Cape Girardeau, Missouri, and providing for the submission of the proposal authorizing such tax to the qualified voters of the City at the General Municipal Election to be held on April 4, 2023, and directing the City Clerk to provide notice of said election. Second and Third Readings. BILL NO. 23-03, a Resolution authorizing an application to the Missouri Department of Transportation for the Highway Safety Program Grant for DWI enforcement, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. BILL NO. 23-04, a Resolution authorizing an application to the Missouri Department of Transportation for the Highway Safety Program Grant for Hazardous Moving Violation Enforcement, and authorizing the City Manager to execute all necessary grant documents. Reading and Passage. Acceptance of the improvements to serve the Baldwin Place Phase 3 Subdivision. A Motion was made by Robbie Guard, Seconded by Nate Thomas,to approve and adopt. Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 23, 2023 LL-251 Motion passed. 7-0. Ayes: Bliss, Guard,Kinder, Presson, Randle,Thomas, Truxel. BILL NO. 23-01 will be Ordinance NO. 5611; BILL NO. 23-02 will be Ordinance NO. 5612; BILL NO. 23-03 will be Resolution NO. 3522; and BILL NO. 23-04 will be Resolution NO. 3523. ITEMS REMOVED FROM CONSENT AGENDA Approve the Planning and Zoning Commission's recommendation to deny a request to rezone property located at 2530 Marsha Kay Drive from R-1 (Single-Family Suburban Residential District)to NC(Neighborhood Commercial District). Upon questioning by the Council, City Planner Ryan Shrimplin stated that rezoning a property as commercial does not trigger requirement for sidewalks and addressed codes relating to lighting and zoning of places of worship. A Motion was made by Mark Bliss, Seconded by Dan Presson,to approve. Motion passed. 6-1. Ayes: Bliss, Guard, Kinder, Randle,Thomas,Truxel.Nay: Presson NEW ORDINANCES BILL NO. 23-05, an Ordinance accepting easements from St. Andrew Lutheran Church in the City of Cape Girardeau, Missouri. First Reading. The Mayor called for public appearances regarding this Bill.No one appeared. • A Motion was made by Mark Bliss, Seconded by Dan Presson, to approve. Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle,Thomas, Truxel. BILL NO. 23-06, an Ordinance approving the record plat of Stevenson Subdivision: First Reading. The Mayor called for public appearances regarding this Bill.No one appeared. A Motion was made by Dan Presson, Seconded by Nate Thomas, to approve. Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle,Thomas,Truxel. BILL NO. 23-07, an Ordinance amending Chapter 30 of the Code of Ordinances of the City of Cape Girardeau, Missouri, regarding Marijuana Facilities and Cultivation of Marijuana. First Reading. The Mayor called for public appearances regarding this Bill.No one appeared. A Motion was made by Robbie Guard, Seconded by Mark Bliss,to approve. Motion passed. 7-0. Ayes: Bliss, Guard,Kinder, Presson, Randle,Thomas,Truxel. BILL NO. 23-08, an ordinance amending Chapter 17 of the Code of Ordinances of the City of Cape Girardeau, Missouri regarding the Decriminalization of Marijuana. First Reading. The Mayor called for public appearances regarding this Bill.No one appeared. A Motion was made by Dan Presson, Seconded by Robbie Guard,to approve. Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle,Thomas,Truxel. BILL NO. 23-09, an Ordinance authorizing the City Manager to execute the Jefferson Swimming Pool Operations Agreement with the Cape Girardeau Public School District, in the City of Cape Proceedings of the City Council, City of Cape Girardeau, Mo. Regular Session January 23, 2023 LL-252 Girardeau, Missouri. First Reading. The Mayor called for public appearances regarding this Bill. No one appeared. A Motion was made by Tameka Randle, Seconded by Nate Thomas,to approve. Motion passed. 7-0. Ayes: Bliss, Guard,Kinder, Presson, Randle, Thomas,Truxel. APPOINTMENTS Appointment to the Town Plaza Community Improvement District Board of Directors A Motion was made by Mark Bliss, Seconded by Robbie Guard, to approve Mayor Kinder's appointment of Paul B. "Scott" Campbell and Jack Ford to the Town Plaza Community Improvement District Board of Directors for terms expiring April 12, 2027. Motion passed. 7-0. Ayes: Bliss, Guard,Kinder, Presson Randle,Thomas,Truxel. Appointment to the Cape Girardeau Public Library Board of Directors A Motion was made by Robbie Guard, Seconded by Nate Thomas, to approve Mayor Kinder's appointment of Ed Thompson to the Cape Girardeau Public Library Board of Directors for a term expiring June 30, 2025. Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson Randle,Thomas,Truxel. OTHER BUSINESS Appearances regarding items not listed on the agenda. Andrew Ostrowski, 131 Winterfield Circle, commented on the process for a ballot initiative for the public to fund a homeless shelter. MEETING ADJOURNMENT A Motion was made by Mark Bliss, Seconded by Dan Presson,to adjourn. Motion passed. 7-0. Ayes: Bliss, Guard, Kinder, Presson, Randle,Thomas, Truxel. The regular session ended at 6:56 p.m. 4-a Rh 'h. 4 • 96.. Stacy Kinder a or °V&A'S— ik RivOr 0411 01, Gayle onrad, City Clerk G: �• *THRE VNI �'