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Home My Public Portal About2019-11-041 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 CALL TO ORDER Mayor Carrie Tergin called the November 4, 2019 City Council meeting to order at 6:02 P.M. ROLL CALL The f ollowing Council Members were present for the roll-call: Present: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Absent: None A quorum was declared present. ADOPTION OF THE AGENDA A motion was made by Councilwoman Ward and seconded by Councilman Graham to adopt the agenda. There being no objection, the motion to adopt the agenda was approved unanimously. MISCELLANEOUS AGENDA ITEMS a. Mayor Tergin presented the “GIS Day” proclamation to Buster Schrage, Jill Ryan and Katrina Williams. b. Mayor Tergin welcomed and presented a proclamation to the Emerging Leaders of Azerbaijan. PUBLIC HEARINGS a. Amendment to Chapter 35, Zoning Code, Regarding Medical Marijuana Testing Facilities and Transportation Facilities i. Associated pending Bill 2019-058. A Staff presentation was made by Eric Barron, City Planning Manager. There being no one to speak on the bill, Mayor Tergin declared the evidentiary portion of the public hearing concluded and stated that the City Council would now take up the associated bill. 2019-058 sponsored by Councilman Graham, entitled 2 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, PERTAINING TO MEDICAL MARIJUANA TESTING AND TRANSPORTATION FACILITIES. There being no objection, Bill 2019-058 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15967. Aye: Fitzwater, Graham, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None Abstain: Hensley APPOINTMENTS BY THE MAYOR There were no appointments at this time. PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS There were no presentations at this time. ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF All City meetings can be found on the City’s calendar at jeffersoncitymo.gov. Councilman Hussey announced the Public Works and Planning Committee meeting scheduled for Thursday, November 14th, 7:30 A.M. in the Boone-Bancroft Room at City Hall. Councilman Graham noted that there will be no Public Safety Committee meeting in November since the Thanksgiving holiday falls on the same date as the regularly scheduled meeting date. Councilwoman Wiseman announced the Committee on Administration meeting scheduled for Wednesday, November 6th, 7:30 A.M. in the Boone-Bancroft Room at City Hall. Mayor Tergin’s announcements included:  The Housing Authority is hosting an open house walk thru of the Ivy Terrace Property on Capitol Avenue on Wednesday, November 6th, 9:00 A.M. – 1:30 P.M. More information can be found at jchamo.org.  With the end of daylight savings time, Mayor Tergin reminded everyone to change the batteries in their smoke alarms, and replace the alarms every ten years.  Mayor Tergin congratulated and extended an invitation to the Helias Ladies Softball Team to a City Council meeting. The team recently won the state championship title. 3 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019  Mayor Tergin challenged Lt. Gov. Mike Kehoe to get a flu vaccination shot. Gail Strope, City Human Resources Director announced the free flu shots available to City Staff at the Health and Wellness Fair on Wednesday, November 6th, 8:00 A.M. – 12:00 P.M.  Upcoming December events were announced o December 4th – Polar Plunge o December 5th – Mayor’s Christmas Tree Lighting o December 6th – Downtown Living Windows o December 7th – Downtown Christmas Parade  The photo contest has closed for the Missouri 2021 Bicentennial contest. Missouri 2021 Bicentennial updates can be found on Instagram, Facebook, and Twitter. LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE – Caroline Wanjiru Ms. Wanjiru thanked those who attended the Nursing School’s 50th Anniversary Gala on November 2nd. The University’s next Presidential Lecture Series event is November 14th at 5:30 P.M., featuring K.T. McFarland, former Deputy National Security Advisor in the Trump Administration. PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS There were no presentations at this time. CONSENT AGENDA The following items were brought before the City Council for approval by Consent: a. Minutes of City Council Meeting: October 21, 2019 b. Approve a Permissive Use of Right-of-Way at 221 Brooks Street for a Retaining Wall and Chain Link Fence and Gate c. Approve a Change Order to the Jefferson Asphalt Mill and Overlay Contract A motion was made by Councilwoman Ward and seconded by Councilman Graham to approve the Consent Items. The motion was approved unanimously. BIILLS INTRODUCED 2019-064 sponsored by Councilman Hussey 4 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE DONALD R. RACKERS TRUST DATED THE 22ND DAY OF JANUARY, 1981, AND THE CLARA M. RACKERS TRUST DATED THE 22ND DAY OF JANUARY, 1981, AND EXECUTED BY THEIR TRUSTEE CLARA M. RACKERS FOR THE PURCHASE OF PROPERTY ADDRESSED AS 1136 EAST DUNKLIN STREET. 2019-065 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A PROPERTY LEASE AMENDMENT WITH THE JOSHUA HOUSE CHURCH FOR PROPERTY ADDRESSED AS 1136 EAST DUNKLIN STREET. 2019-066 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE A SUPPLEMENTAL AGREEMENT WITH COLE COUNTY FOR THE RECONSTRUCTION OF THE MILIT IA DRIVE RAILROAD CROSSING AS PART OF THE MORRIS DEVELOPMENT PROJECT. 2019-067 sponsored by Councilman Kemna AN ORDINANCE AUTHORIZING THE ISSUANCE OF SPECIAL OBLIGATION IMPROVEMENT BONDS (PARKS SYSTEM PROJECT), SERIES 2019, IN THE AGGREGATE PRINCIPAL AMOUNT OF NOT TO EXCEED $7,500,000, PRESCRIBING THE FORM AND DETAILS OF SAID BONDS AND THE COVENANTS AND AGREEMENTS TO PROVIDE FOR THE PAYMENT AND SECURITY THEREOF; AND AUTHORIZING CERTAIN ACTIONS AND DOCUMENTS AND PRESCRIBING OTHER MATTERS RELATING THERETO. 2019-068 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 35, THE ZONING CODE, TO ESTABLISH SHORT TERM RENTAL OF A RESIDENCE AND SHORT TERM RENTAL OF A LODGING ROOM AS A PERMITTED USE IN THE RESIDENTIAL AND INDUSTRIAL ZONING DISTRICTS. With no objection, Councilman Graham placed Bill 2019-068 on the informal calendar as he will be out of town during the next City Council meeting scheduled for November 18th. The public hearing will continue as scheduled at the November 18th City Council meeting. 2019-069 sponsored by Councilman Kemna AMENDING THE 2019-2020 BUDGET BY CHANGING THE POSITION TITLE AND PAY 5 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 GRADE OF A MECHANIC POSITION TO MECHANIC SUPERVISOR IN THE PARKS AND RECREATION DEPARTMENT. 2019-070 sponsored by Councilman Kemna AMENDING THE 2019-2020 BUDGET BY CHANGING THE PAY GRADE OF THE SENIOR MANAGEMENT ANALYST POSITION IN THE PARKS AND RECREATION DEPARTMENT. 2019-071 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 18, MISCELLANEOUS PROVISIONS AND OFFENSES RELATED TO CONTROLLED SUBSTANCES. 2019-072 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING CHAPTER 17, LICENSES, TAXATION AND MISCELLANEOUS BUSINESS REGULATIONS RELATED TO MEDICAL MARIJUANA FACILITIES. BILLS PENDING 2019-058 Taken Up Under 5(a.) 2019-061 sponsored by Councilman Mihalevich AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT WITH THE COUNTY OF COLE FOR REIMBURSEMENT OF COSTS ASSOCIATED WITH THE GEOGRAPHIC INFORMATION SYSTEMS (GIS). There being no objection, Bill 2019-061 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15968: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2019-062 sponsored by Councilman Graham AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION 19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE V (ACCESSIBLE PARKING SPACES), OF THE CODE OF THE CITY OF JEFFERSON, BY THE ADDITION OF PORTIONS OF BROADWAY STREET. 6 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 There being no objection, Bill 2019-062 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15969: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None 2019-063 sponsored by Councilman Hussey AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, VACATING AND DISCONTINUING THE RIGHT-OF-WAY WHICH REMAINS IN THE 700 BLOCK OF MARSHALL STREET. There being no objection, Bill 2019-063 was read third time by title, placed on final passage, and passed by the following roll-call vote as Ordinance 15970: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None INFORMAL CALENDAR There were no items on the informal calendar. RESOLUTIONS RS2019-14 sponsored by Councilman Hussey A RESOLUTION AUTHORIZING THE CITY OF JEFFERSON TO FILE AN APPLICATION WITH THE MISSOURI DEPARTMENT OF NATURAL RESOURCES, STATE REVOLVING FUND PROGRAM FOR LOANS UNDER THE CLEAN WATER LAW (SECTION 644, RSMo) Matt Morasch, Director of Public Works, presented the resolution. Councilman Hussey motioned to adopt RS2019-14. Councilwoman Ward seconded the motion. The resolution was adopted by the following roll -call vote: Aye: Fitzwater, Graham, Hensley, Hussey, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS There were no presentations at this time. 7 REGULAR COUNCIL MEETING, NOVEMBER 4, 2019 COUNCIL AND STAFF DISCUSSION OF PRESENTATION TOPICS There was no discussion at this time. NEW BUSINESS Mayor Tergin stated that, pursuant to Sec. 610.021 of the Revised Statutes of Missouri, she would entertain a motion to go into Closed Session to discuss the following: 1) Legal actions, causes of action or litigation involving a public governmental body and any confidential or privileged communications between a public governmental body or its representatives and its attorneys. [Sec. 610.021(1)] A motion was made by Councilman Schreiber to go into Closed Session for the above- stated reasons, seconded by Councilman Prather, and approved by the following roll-call vote at 7:20 P.M.: Present: Fitzwater, Graham, Hussey, Hensley, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Nay: None RECONVENE IN OPEN SESSION Following the Closed Session, the Council reconvened in Open Session at 7:54 P.M. with the following Council Members present: Present: Fitzwater, Graham, Hussey, Hensley, Kemna, Mihalevich, Prather, Schreiber, Ward, and Wiseman Absent: None UNFINISHED BUSINESS There was no unfinished business at this time. ADJOURNMENT A motion to adjourn was made by Councilwoman W iseman, seconded by Councilman Prather, and approved unanimously at 7:55 P.M.