Jefferson City Council moves property purchase to informal calendar

One medical marijuana ordinance change is approved while another was rejected

The Jefferson City Council decided in November to hold off on voting to authorize a $250,000 real estate agreement to purchase the property at 1136 E. Dunklin St., the Joshua House Church, shown in background on the corner.
The Jefferson City Council decided in November to hold off on voting to authorize a $250,000 real estate agreement to purchase the property at 1136 E. Dunklin St., the Joshua House Church, shown in background on the corner.

Concerns about future plans for the intersection of Clark Avenue and East Dunklin Street caused the Jefferson City Council to hold off on voting on a property purchase near the intersection.

The council was meant to vote on the purchase of the property at 1136 E. Dunklin St. by the city for $250,000, as part of a plan to develop a roundabout at the intersection. However, during discussion at Monday's council meeting, Ward 5 Councilman Jon Hensley expressed concerns with moving forward with the purchase because the council hasn't officially approved the construction of a roundabout.

In November 2017, the council approved a contract with Bartlett & West to conduct a traffic study at the intersection. Jefferson City Public Works Director Matt Morasch said, at the time, city staff did recommend a roundabout.

The council approved a $152,556 engineering design contract with Bartlett & West for a roundabout at Clark Avenue and East Dunklin Street in July.

The estimated cost of a roundabout is approximately $1.7 million. For construction of the roundabout to proceed, the council would still need to approve it.

As bill sponsor, Hussey suggested the bill be placed on the council's informal calendar to give the council more time for consideration, and allow absent council members - Ward 1 Councilman Rick Prather and Ward 4 Councilman Carlos Graham - a chance to be involved in the decision.

The council agreed. The bill will expire if it stays on the informal calendar for three meetings.

The property at 1136 E. Dunklin St. is currently leased by the owner to the Joshua House Church.

A companion bill to the purchase bill would have authorized the city to take over that lease, and lease the property to the church for $100 a month to give the church time to find a new location.

Due to the purchase being placed on the informal calendar, the city could not approve a lease on a property they do not currently own, so the lease bill was also placed on the informal calendar. It will also expire after three meetings.

Medical marijuana ordinances

Also Monday, the council voted on two ordinance changes regarding medical marijuana. The council rejected one and approved the other.

A change to the criminal provisions regarding the use of marijuana was rejected by the council. The proposed change would have added a new section to the city code allowing for the use and possession of medical marijuana and other drug paraphernalia, as well as explanations of penalties for failing to produce a state-issued medical marijuana license, how to properly dispose of medical marijuana, residential cultivation rules, locations of consumption and public nuisances.

Sections of the ordinance about recreational marijuana or other drug use would have added language clarifying those sections would stay the same, except as authorized by the new section regarding medical marijuana.

City Counselor Ryan Moehlman said the proposed regulations would have added additional requirements on top of what state law requires, like creating a penalty for failure to produce a medical marijuana identification card when asked.

The bill failed despite a vote of five in favor and two against, with Prather and Graham being absent and Hensley abstaining. The bill needed at least six votes to pass. The regulations will now fall under state law.

"It means that possession and use of medical marijuana is going to be governed wholly by state law, and any violations of the medical marijuana provisions of law would be adjudicated at state court level, it's not something we could do at a municipal court level," Moehlman said.

Ward 5 Councilman Mark Schreiber and Ward 4 Councilman Ron Fitzwater voted against the ordinance. Fitzwater said he was concerned about state identification cards from other states being valid in Missouri, which they are according to state law.

"Citizens have to go through a process to get approved for the cards, that's part of state law. We don't know what those cards represent in other states, whether they're as meticulous a process, so I just have concerns," Fitzwater said.

The council did approve a change relating to business requirements for medical marijuana facilities.

All facilities will be required to have a city business license but won't be required to have any other city-issued licenses.

Facilities must also be properly licensed or certified by the Missouri Department of Health and Senior Services. The ordinance also specifies facilities can't make sales or be open to the public from 7 p.m.-6 a.m.

Medical marijuana facilities must have an adequate security plan in accordance with state regulations, including security video preserved for at least 90 days, a method of immediate and automatic notification to local law enforcement in the event of a breach of security and professionally monitored robbery alarm and burglar alarm systems.

The ordinance was approved 7-0, with Hensley abstaining.

In other business, a bill was introduced to council for an agreement with Cole County for the purchase of a new outdoor warning siren in the downtown Jefferson City area.

If approved, the new siren would be installed behind the Jefferson City Area Chamber of Commerce building on Commercial Way.

The county was awarded grant funding for the project in August. According to the proposed bill, the city share of the total cost - $35,269 - would be 57.5 percent, or $20,269. The county would cover the other $15,000.

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