HomeMy Public PortalAbout2016-12-191
REGULAR COUNCIL MEETING, DECEMBER 19, 2016
CALL TO ORDER
The Regular Council Meeting of December 19, 2016, was convened at 6:00 P.M. by
Mayor Carrie Tergin.
ROLL CALL
The f ollowing Council Members were present for the roll call:
Present: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, W ard,
and W iseman
Absent: Henry
A quorum was declared present.
ADOPTION OF THE AGENDA
A motion was made by Councilman Mihalevich, seconded by Councilman Graham , to
adopt the agenda with an amendment by the addition of item (d) under
“Miscellan eous Agenda Items” to recognize Mr. Don Asbee. The motion to
adopt the agenda as amended approved unanimously.
MISCELLANEOUS AGENDA ITEMS
a. City Administrator Steve Crowell presented the December Outstanding
Employee Award to Dave Helmick, Property and Housing Inspector, and Mayor
Tergin presented him with a City Coin and a token of appreciation from the City.
She also recognized Mr. Helmick’s son who was in the audience who is a Boy
Scout with Troop 11 of Thomas Jefferson Middle School.
b. Fire Chief Schofield introduced representatives of Missouri American Water
(“MAW ”) who wished to make a presentation regarding their recent award of a
$1,200.00 grant to the Jefferson City Fire Department. Those present from the
Jefferson City MAW office were Mr. Dave Treece, Operations Manager, and Mr.
Bryan Russell, Internal Affairs. Mr. Treece introduced State MAW President
Cheryl Norton. Ms. Norton made a presentation regarding the grant program and
explained the equipment which would be provided by the grant funding. Mayor
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
Tergin thanked Missouri American Water for the grant program and their
contribution to the City.
c. A video was viewed which had been produced by the Jefferson City Convention
& Visitors Bureau to showcase events in Jefferson City at the holiday season.
Mayor Tergin thanked the CVB for their outstanding work producing this video to
share Jefferson City during the holiday season.
d. Mayor Tergin explained briefly the metal art designed and installed into the
sidewalk outside the entrance to City Hall, and that the ribbon cutting ceremony
had occurred immediately befo re tonight’s meeting. She introduced the artist, Mr.
Don Asbee who shared the significance of the various features of the metal
sculpture. Mayor Tergin presented Mr. Asbee with a City Coin.
PUBLIC HEARINGS
PUBLIC HEARING A:
Preliminary PUD Plan Amendment for Property Addressed as 2005 Schotthill
Woods Drive (reconsidered from November 21 City Council meeting)
A staff presentation was made by Planning and Protective Services Director Janice
McMillan who explained the history of the previous hearing, defeat, and subsequent
vote on November 28 by the Council to reconsider the issue, which led to a second
public hearing at tonight’s meeting. She discussed items presented at the December 14,
2016, neighborhood meeting to address issues such as noise, traffic, lighting,
maintenance, and policing of the area.
Following the conclusion of the presentation, Mayor Tergin opened the floor for the
public to make comments in favor of, or opposition to, the proposed PUD Plan
Amendment.
Developer:
Mr. Duane Schreimann presented on behalf of the developer, and introduced the
following franchisee representatives from KMAC Enterprises:
Kelly Batiste, Market Coach
Kim Schoening, District Coach
Also:
Chris McCrea, President, McCrea Property Group, Indianapolis, IN, site
developer/builder
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
Mr. Schreimann indicated his clients would be willing to answer any questions. He also
stated that Ms. Batiste had provided her cell phone number to neighbors who had
attended the December 14 neighborhood meeting to take their calls about any
questions or issues in the future.
In Favor:
Mr. Jerome Offord, Jr., President of the Jefferson City East Side Business
Association. Mr. Offord read a letter from the ESBA in support of the
development.
Mr. Jason Schwartz, Hawthorn Bank, also stated that his bank which would be
a close neighbor to the proposed development, is in favor.
In Opposition:
No one came forward to speak in opposition to the PUD Plan Amendment.
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill, as previously reconsidered.
2016-67 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 2005
SCHOTTHILL WOODS DRIVE DESCRIBED AS PART OF LOT 60 OF SCHOTTHILL
WOODS SECTION TWO, JEFFERSON CITY, COLE COUNTY, MISSOURI
Bill 2016-67 was read by title and placed on final passage. Following a brief discussion,
Bill 2016-67, reconsidered, was then passed by the following roll-call vote as
Ordinance No. 15607:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
PUBLIC HEARING B:
Rezoning 0.17 Acres Addressed as 612 Broadway Street from RA-2 High Density
Residential to C-2 General Commercial and an associated Comprehensive Plan
Amendment
A staff presentation was made by Senior Planner Eric Barron. Following the conclusion
of the presentation, Mayor Tergin opened the floor for the public to make comments in
favor of, or opposition to, the proposed rezoning.
In favor:
Mr. John Senter, intended occupant of the property, offered to answer any
questions.
In Opposition:
No one came forward to speak in opposition to the proposed rezoning.
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-80 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING 0.17 ACRES OF LAND ADDRESSED AS 612
BROADWAY STREET FROM RA-2 HIGH DENSITY RESIDENTIAL TO C-2 GENERAL
COMMERCIAL, AND ENDORSING AN ASSOCIATED COMPREHENSIVE PLAN
AMENDMENT.
Bill 2016-80 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15598:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
PUBLIC HEARING C:
Rezoning 0.86 Acres Addressed as 617, 619, 621, and 623 East Capitol Avenue
from C-1 Neighborhood Commercial to PUD Planned Unit Development
A staff presentation was made by Senior Planner Eric Barron. Following the conclusion
of the presentation, Mayor Tergin opened the floor for the public to make comments in
favor of, or opposition to, the proposed rezoning.
In favor:
Ms. Holly Stitt, owner of the property whic h is the subject of both this public
hearing, and also Bill 2016-82 immediately following this item. She offered to
answer questions regarding either of these issues.
In Opposition:
No one came forward to speak in opposition to the proposed rezoning.
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-81 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING 0.86 ACRES OF LAND ADDRESSED 617,
619, 621, AND 623 EAST CAPITOL AVENUE FROM C-1 NEIGHBORHOOD
COMMERCIAL TO PUD PLANNED UNIT DEVELOPMENT.
Bill 2016-81 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15599:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
PUBLIC HEARING D:
Preliminary PUD Plan for Property Addressed as 617, 619, 621, and 623 East
Capitol Avenue
A staff presentation was made by Senior Planner Eric Barron. Following the conclusion
of the presentation, Mayor Tergin opened the floor for the publ ic to make comments in
favor of, or opposition to, the proposed PUD plan.
In favor:
See Ms. Holly Stitt’s testimony above for 2016-81 which included bill 2016-82 as
well.
In Opposition:
No one came forward to speak in opposition to the PUD Plan Amendment .
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-82 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN FOR PROPERTY LOCATED AT 617, 619, 621, AND 623
EAST CAPITOL AVENUE, DESCRIBED AS ALL OF INLOT 137 AND PART OF INLOT
136, JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2016-82 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15600:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
PUBLIC HEARING E:
Preliminary PUD Plan for Property Addressed as 1140 Boonville Road
A staff presentation was made by Senior Planner Eric Barron. Following the conclusion
of the presentation, Mayor Tergin opened the floor for the public to make comments in
favor of, or opposition to, the proposed PUD plan.
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
In favor:
See Ms. Holly Stitt’s testimony above for 2016-81 which included bill 2016-82 as
well.
In Opposition:
No one came forward to speak in opposition to the PUD Plan.
At the conclusion of the public testimony, Mayor Tergin declared the evidenti ary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-83 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, APPROVING A
PRELIMINARY PUD PLAN AMENDMENT FOR PROPERTY LOCATED AT 1140
BOONVILLE ROAD, DESCRIBED AS LOT A OF SOMERSET MEADOW REPLAT,
JEFFERSON CITY, COLE COUNTY, MISSOURI.
Bill 2016-83 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15601:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
PUBLIC HEARING F:
Rezoning 0.12 Acres Addressed as 310 and 312 W. Elm Street from C-2 General
Commercial to RA-2 High Density Residential
A staff presentation was made by Senior Planner Eric Barron. Following the conclusion
of the presentation, Mayor Tergin opened the floor for the public to make comments in
favor of, or opposition to, the proposed rezoning.
In favor:
See Ms. Holly Stitt’s testimony above for 2016-81 which included bill 2016-82 as
well.
In Opposition:
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
No one came forward to speak in opposition to the rezoning.
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-84 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, CHANGING,
AMENDING, AND MODIFYING THE ZONING MAP OF THE ZONING CODE OF THE
CITY OF JEFFERSON, BY REZONING 0.12 ACRES OF LAND ADDRESSED AS 310
AND 312 W. ELM STREET FROM C-2 GENERAL COMMERCIAL TO RA-2 HIGH
DENSITY RESIDENTIAL.
Bill 2016-84 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15602:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
PUBLIC HEARING G:
Approval of the East Capitol Avenue Urban Renewal Area Urban Renewal Plan
A staff presentation was made by Planning & Protective Services Director Janice
McMillan. Following the conclusion of the presentation, Mayor Tergin opened the floor
for the public to make comments in favor of, or opposition to, the proposed Urban
Renewal Plan.
In favor:
Ms. Cynthia Quetsch, Jefferson City Housing Authority Executive Director. She
asked the Council to approve this issue so the Housing Authority could move
forward, and explained how the Housing Authority is preparing the proposed
timeline.
Mr. Steve Veile, spoke on behalf of the Capitol Avenue Landmark League
(“CALL”) and also urged the Council to move this issue forward. He provided a
survey which the CALL had recently conducted and shared some of the results of
that survey.
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
In Opposition:
No one came forward to speak in opposition to the Urban Renewal Plan
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
2016-87 sponsored by Councilman Mihalevich, entitled:
AN ORDINANCE APPROVING THE EAST CAPITOL AVENUE URBAN RENEWAL
AREA URBAN RENEWAL PLAN.
Bill 2016-87 was read third time by title, placed on final passage , and following
discussion by the Mayor and Council, passed by the following roll-call vote as
Ordinance 15605:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
PUBLIC HEARING H:
Voluntary Annexation of Lot 43 Within Meadows by the Club Subdivision, Section
Two
A staff presentation was made by Planning & Protective Services Director Janice
McMillan. Following the conclusion of the presentation, Mayor Tergin opened the floor
for the public to make comments in favor of, or opposition to, the proposed voluntary
annexation.
In favor:
No one came forward to speak in favor of the voluntary annexation.
In Opposition:
No one came forward to speak in opposition to the voluntary annexation.
At the conclusion of the public testimony, Mayor Tergin declared the evidentiary portion
of the public hearing concluded and stated that the Council would now take up the
associated pending bill.
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
2016-89 sponsored by Councilman Mihalevich, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI PROVIDING FOR THE
VOLUNTARY ANNEXATION OF APPROXIMATELY 0.65 ACRES OF REAL
PROPERTY CONTIGUOUS TO THE PRESENT CITY LIMITS, INTO THE CITY OF
JEFFERSON, MISSOURI, SAID PROPERTY BEING LOT 43, IN THE MEADOWS BY
THE CLUB SUBDIVISION, SECTION TWO, IN THE COUNTY OF COLE, STATE OF
MISSOURI; AND AMENDING SECTION 1-17 OF THE CODE OF THE CITY OF
JEFFERSON, MISSOURI, DEFINING THE EXISTING CITY BOUNDARY BY ADDING
ONE NEW SUB-SECTION PERTAINING TO THE SAME SUBJECT.
Councilman Mihalevich requested that the rules be suspended and Bill 2016 -89 placed
on final passage to allow this area to be annexed closely following the previous
voluntary annexation in the same area. There were no objections to the request to
suspend the rules.
Bill 2016-87 was read second and third times by title, placed on final passage, and
passed by the following roll-call vote as Ordinance 15606:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
APPOINTMENTS BY THE MAYOR
Mayor Tergin recommended the following appointments to City boards and
commissions:
Board or Commission Recommended appointment Expires Status
Cultural Arts Commission kYmberly Keeton Mar 2020 Full
A motion was made by Councilman Graham for approval of the appointment as
recommended, seconded by Councilman Prather, and approved unanimously.
PRESENTATIONS FROM STAFF, CONSULTANTS, AND INVITED GUESTS
There were no presentations made at this time.
ANNOUNCEMENTS BY MAYOR, COUNCIL, AND STAFF
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
Mayor Tergin made the following announcements:
1. She attended the ribbon cutting ceremo ny in celebration of 5th anniversary of
glass recycling program in the City, and learned that in the past five years, five
million glass bottles had been recycled through this program.
2. Councilman Mihalevich thanked organizations and citizens wh o placed
Christmas wreaths on Saturday, December 17, on each of the tombstones in the
National Cemetery located in the City. He especially thanked Ms. Lorraine Adkins
for organizing the event again this year.
3. Mayor Tergin announced that the City and the State have once again agreed to
host a concert inside the walls of MSP in connection with the annual Salute to
America event. She stated more details would be announced at a later date.
LINCOLN UNIVERSITY STUDENT REPRESENTATIVE UPDATE
Lincoln University student liaison Jonathan Jackson was not present to provide an
update.
PRESENTATIONS FROM THE GALLERY ON SPECIFIC BILLS OR RESOLUTIONS
There were no presentations made at this time.
CONSENT AGENDA
The following items were brought before the Council for approval b y Consent:
a. Minutes of City Council Meetings: December 6, 2016
b. Change Order #2 in the amount of $129,453.00 to add 3 -phase electrical conduit
to serve the Hayselton Pump Station
c. Abatement of Special Tax Bill #16580 in the amount of $576.64 on Prop erty
Located at 114 E. Tanner Way
A motion was made by Councilman Graham to approve the Consent Agenda as
presented, seconded by Councilman Prather, and approved unanimously.
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
BILLS INTRODUCED
2016-90 sponsored by Councilman Mihalevich, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A BLIGHT REMOVAL FUNDING
AGREEMENT WITH THE HOUSING AUTHORITY OF JEFFERSON CITY
2016-91 sponsored by Councilman Hussey, entitled:
ACCEPTS THE AUSTIN PETERS GROUP CLASSIFICATION AND COMPENSATION
PLAN ANALYSIS AND ADOPTS THE JOB CLASSIFICATION RECOMMENDATIONS
AND SALARY ADJUSTMENTS.
Discussion was held regarding the Council’s preferred method to implement the plan.
Councilman Hussey stated that after discussions with other Council Members, they
would like to staff to assist them in offering some language either in the form of an
amendment or a substitute bill at the next Council meeting that would do the following:
1. Accept the plan
2. Authorize City Administrator Crowell to expend the $575,000 in the current
budget towards implementation of #’s 1 and 2 (market adjustment) contained in
the plan
3. Put together a pay-for-performance, or merit-based increase, for future budgets.
BILLS PENDING
2016-76 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AMENDING SECTION
19-401, (MOTOR VEHICLES AND TRAFFIC), SCHEDULE J (PARKING
PROHIBITED), SUBPARAGRAPH (A), OF THE CODE OF THE CITY OF
JEFFERSON, BY THE ADDITION OF PORTIONS OF BROADWAY STREET.
Bill 2016-76 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15594:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
2016-77 sponsored by Councilman Graham, entitled:
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
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 CLAY STREET.
Bill 2016-77 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15595:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
2016-78 sponsored by Councilman Graham, entitled:
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 REMOVAL OF
PORTIONS OF EAST CAPITOL AVENUE.
Bill 2016-78 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15596:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
2016-79 sponsored by Councilman Graham, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING THE
MAYOR AND CITY CLERK TO EXECUTE A $117,470.00 AGREEMENT WITH
ARCHITECT ALLIANCE, INC., FOR PROFESSEIONAL SERVICES.
Bill 2016-79 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15597:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
2016-85 sponsored by Councilman Graham, entitled:
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, ACCEPTING AND
APPROVING THE FINAL SUBDIVISION PLAT OF INLOT 686 SUBDIVISION (310 -312
WEST ELM STREET), A SUBDIVISION OF THE CITY OF JEFFERSON, MISSOURI.
Councilman Graham made a motion to accept the substitute Bill 2016 -85 previously
distributed to the Council. The motion was seconded by Councilman Branch, and
approved unanimously. Bill 2016-85 was then read third time by title and placed on final
passage, and passed, as substituted, by the following roll-call vote as Ordinance
15603:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
2016-86 sponsored by Councilman Henry, entitled:
AN ORDINANCE OF THE CITY OF JEFFERSON, MISSOURI, AUTHORIZING A
GENERAL FUND SUPPLEMENTAL APPROPRIATION OF $15,000.00 WITHIN THE
FY2017 BUDGET FOR THE CAPITAL AREA METROPOLITAN PLANNING
ORGANIZATION.
Bill 2016-86 was read third time by title, placed on final passage , and passed by the
following roll-call vote as Ordinance 15604:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
RESOLUTIONS
RS2016-28 Adopting Policies and Procedures for the 2017 Community Development
Block Grant Program (Henry) Staff: Janice McMillan
A motion was made by Councilman Hussey for adoption of RS2016 -28 as presented,
seconded by Councilman Graham, and approved unanimously by the following roll -call
vote:
Aye: Branch, Graham, Hussey, Mihalevich, Prather, Schreiber, Ward, and
Wiseman
Nay: None
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REGULAR COUNCIL MEETING, DECEMBER 19, 2016
INFORMAL CALENDAR
Bill 2016-67 (reconsidered) was taken up under Public Hearings.
PRESENTATIONS FROM THE GALLERY ON OTHER TOPICS
No one requested to make a presentation at this time.
COUNCIL AND STAFF RESPONSE TO PRESENTATIONS FROM THE GALLERY
There were no comments made at this time.
NEW BUSINESS
Mayor Tergin thanked the staff of Public Works, Jefferson City Police Department, and
the Jefferson City Fire Department for their efforts in keeping citizens safe and
responding to emergencies during the winter storm which occurred the previous
weekend.
UNFINISHED BUSINESS
There was no unfinished business brought before the Council.
ADJOURNMENT
A motion for adjournment was made by Councilman Branch, seconded by Councilman
Graham, and approved unanimously at 7:45 P.M.