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HomeMy Public PortalAbout19810421 NEW COUNCIL 107 f " REGULAR COUNCIL MEETING, April 21 , 1981 ;,1 F�...Tf r Mayor Hartsfield presided. Meeting held at the Thomas E. {$ 't" Whitecotton Law Enforcement Center. Rev. Pat Dolan , Hellas High School . Prayer offered by '�r r\ Y Y Roll Councilmen present : Borgmeyer, Brant , Crader, Gordon, Halsey , 1 Call. Hequembourg , Kliegel , Prenger, Wade and (! ' rF Whitecotton. 1 ti;, Councilmen absent : None. A quorum was declared present . Consent The Consent Agenda, including approval of Minutes of Council Agenda. Meetings of April 6th and 13th, approval of the Administrator's Report, and approval of awarding the following bids , which had previously been opened: Bid #66 - Root Cutter Kit - Sewer Division , awarded to j� O'Brien Water Jet Root Cutter. Bid #72 - Manhole sections - Public Works - awarded to C.J .N. Products , Inc. Bid #74 - Polygraph Instrument - Police Department - Rebid. ,, Bid #77 - Reinforcing steel - Public Works - awarded to Carter-Waters Corporation . 7 Councilman Borgmeyer made the motion that the Consent Agenda be -a I approved. Motion seconded by Councilman Crader and passed. ,} Minutes ( ` The Minutes of. the Planning and Toning Commission and Report from ^} & Report the Firemen ' s Pension Fund were received and filed. filed. Heinrich Annual Report from Trustees of estate of Mary B. IIeinrichs receive ;'; Estate. and filed. i ' Election 1 Report from County Clerk, showing the count on election held April { Count. I 7, 1981.. .. :7 i f p..P If Rezoning Application for rezoning filed by David N. and Peggy J. Puckett , Request. for property located at 1820 East McCarty Street , from residential _. to C - 0 District. Such application referred to the Planning and 't I Zoning Commission. I3i.11 No. 228, introduced by Councilman Borgmeyer , entitled: "An Ordinance of the City of Jefferson , Missouri. , authorizing the Bill 228 E Mayor and Clerk of the City to execute a contract with Willard J. { Contract Stockman Construction Co. , Inc. , 1402 Stadium Boulevard, Jefferson with City, Missouri , 65101" . { Willard Bill No. 228 read first and second time by title and upon Stockman. request of Councilman Borgmeyer, the rules were suspended, the 1 Bill read the third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9608 : Councilmen voting Aye: Borgmeyer, Brant , Gordon, Halsey, Hequembourg, Kliegel , Prenger, Wade and Whitecotton. Councilmen voting Nay : None Councilmen abstaining: Crader. Bill No. 213, introduced by Councilman Hequembourg , entitled: Bill 213 "An Ordinance of the City of Jefferson , Missouri , accepting and Planning approving the plat of Orchard Lane Addition , a subdivision of the & 2oning. � City of Jefferson, Missouri, as herein described" . Orchard Bill No. 213 read third time by title, placed on final pas- Lane, sage and was passed by the following vote as Ordinance No. 9609 : Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon, Halsey, Hequembourg, Kliegel , Prenger, Wade and Whitecotton. Councilmen voting Nay: None. 108 REGULAR COUNCIL MEETING, April 21 , 1981 Bill No. 214 , introduced by Councilman Hequembourg, entitled : "An Ordinance of the City of Jefferson , Missouri , accepting and ( Bill 214 approving the plat of Mall Ridge Addition , Section Two , a subdi- Planning vision of the City of Jefferson, Missouri , as herein described. " & Zoning Bill No. 214 read third time by title , placed on final passag mall and was passed by the following vote as Ordinance No. 9610: Ridge Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon, Halsey , Hequembourg, Kliegel , Prenger , Wade and Whitecotton. Councilmen voting Nay: None. Bill No. 215, introduced by Councilmen Borgmeyer and Kliegel , en- titled: "An Ordinance of the City of Jefferson, Missouri , amending the Code of the City of Jefferson, 1978, by repealing Section 5-21 Bill 215 relating to revocation of intoxicating liquor license, by repealingt Liquor Section 5-34 relating to revocation of nonintoxicating beer licensd License. and enacting new Section 5-21 and 5-34 relating to the same in lieu thereof. " Bill No. 215 read third time by title, placed on final passag- and was passed by the following vote as Ordinance No. 9611 : Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon, Halsey , Hequembourg, Kliegel , Prenger, Wade and Whitecotton. Councilmen voting Nay : None. Bill No. 216, introduced by Councilman Brant , entitled: "An Ordinance of the City of Jefferson, Missouri , authorizing and Bill 216 directing the Mayor and Clerk of the City to execute a written Contract contract with the Cole County Mental Health Services. " Cole Cty. Bill. No. 216, read third time by title, placed on final passa• e Mental and was passed by the following vote as Ordinance No. 9612 : Health Councilmen voting Aye: Borgmeyer, Brant , Gordon, Halsey , Services Hequembourg, Kliegel , Prenger, Wade and Whitecotton. Councilmen voting Nay : Grader. Bill Nu. 217, Introduced by Councilman Brant , entitled: "An Ordinance of the City of .J ffencon , Missouri , amending Ordi- Bill 217 nunco No. 9543, by the deletion of the existing entry for the Clerk. position of City Clerk and substituting therefor a new entry for City o Position the position of City Clerk. " Bill No. 217 read third time by title, placed on final passag and was passed by the following vote as Ordinance No. 9613 : Councilmen voting Aye: Borgmeyer, Brant , Crador, Gordon , Halsey , Hequembourg, Kliegel , Prange'' , Wade and Whitecotton. Councilmen voting Nay: None. Bill No. 218, introduced by Councilmen Prenger, Wade, & Whitecotto. entitled: "An Ordinance of the City of Jefferson, amending the Code of the Bill 218 City of Jefferson, 1978, by repealing Sections 23-5 through 23-14 Parking regarding creating a Parking and Traffic Authority and enacting & Traffic new Sections 23-5 through 23-10 creating a Parking and Traffic Commission. " Bill No. 218 read third time by title, placed on final passag and was passed by the following vote as Ordinance No. 9614 : 1 Councilmen voting Aye: Brant , Crader, Gordon , Hequembourg, Kliege , Prenger, Wade and Whitecotton. Councilmen voting Nay: Borgmeyer and Halsey. 109 REGULAR COUNCIL MEETING April 21 , 1981 Bill No. 219, introduced by Councilmen Prenger, Wade and Whitecotton, entitled: Bill 219 "An Ordinance of the City of Jefferson, Missouri , repealing Dept. of Ordinance No. 9460, which created a Department of Transportation Trans- within and for the City of Jefferson, Missouri , and substituting portationi a new Ordinance therefor. " Mr. Randolph, Chairman of the Airport Commission, read a Resolution which had been adopted at the meeting of such Commissio held today, requesting that this Bill be held in abeyance. Bill No. 219 read third time by title, placed on final passage and was passed by the following vote as Ordinance No. 9615: Councilmen voting Aye: Brant, Crader, Gordon, Hequembourg, Prenge . Wade and Whitecotton. Councilmen voting Nay: Borgmeyer, Halsey, and Kliegel. Bill No. 220, introduced by Councilmen Prenger , Wade and Whitecotton , entitled: Bill 220 "An Ordinance of the City of Jefferson, Missouri , amending the Cod Parking of the City of Jefferson , 1978, by deleting the current Section & 23-10. 1 , Parking and Traffic Authority Fund, and substituting a n' Traffic new Section 23-11 , Parking Division Fund. " Bill No. 220 read third time by title, placed on final passag: and was passed by the following vote as Ordinance No. 9616 : Councilmen voting Aye : Borgmeyer, Brant , Crader, Gordon, Halsey, Hequembourg, Kliegel, Prenger, Wade and Whitecotton. Councilmen voting Nay: None. Bill No. 221, introduced by Councilmen Prenger, Wade, and Whitecotton , entitled: Bill 221 "An Ordinance of the City of Jefferson, Missouri , amending the arking Code of the City of Jefferson , 1978,. by repealing Section 23-15. 1 , same -- reserved parking meters and substituting therefor a new raffle Section 23-15. 1. " Bill No. 221 read third time by title, placed on final passag,. and was passed by the following vote as Ordinance No. 9617: Councilmen voting Aye: Borgmoyer, Brant , Crader, Gordon , Hulsey , Hequembourg, Kliegel , Prongor,, Wade and Whitecotton . Councilmen voting Nay : None. Bill No. 222, introduced by Councilman Gordon , entitled: Bill 222 "An Ordinance of the City of Jefferson , Missouri , amending the Parking Code of the City of Jefferson , 1978 , by amending Section 23-79 , & relating to parking prohibited at all times at designated location,: Traffic by adding a portion of Oberman Place under Sub-Section (a) . " Bill No. 222 read third time by title, placed on final pasuag : and was passed by the following vote as Ordinance No. 9618: Councilmen voting Aye: Borgmeyer, Brant, Crader, Gordon , Halsey , Iequembourg, Kliegel , Prenger, Wade and Whitecotton. Councilmen voting Nay: None. Bill No. 223, introduced by Councilman Gordon , entitled: "An Ordinance of the City of Jefferson, Missouri, repealing Bill 223 Ordinance No. 9584, and enacting a new Ordinance in lieu thereof , Parking amending the Code of the City of Jefferson , 1978, amending Section & 23-79, parking prohibited. " Traffic Bill No. 223 read third time by title, placed on final passag • and was passed by the following vote as Ordinance No. 9619: Councilmen voting Aye: Borgmeyer, Brant, Crader, Gordon , Halsey , Hequembourg, Kliegel , Prenger , Wade and Whitecotton. Councilmen voting Nay: None. ' -.i..•1...d'+. _ .... f i rf '..:' ).+:.i "" 1.1.A .a. t .s:C, .. . (: . .. <.._. _..... .> task 110 i. ------ REGULAR COUNCIL �i1aI�TINGs_ Ai?ri 1 21 , 19131 ., 7g ' Bill No 224, introduced by Councilman Gordon, entitled : ' __, "An Ordinance of the City of Jefferson , Missouri , amending Bill 224 ,r Ordinance 9583 , Section 1 , amending; the Code, of the City of parkin ,i Jefferson, 1978, Section 23-95 (d) , relating to no parking zones. " j & g :_-' :':-,1 Bill No 224 read third time by title, placed on final passage Traffic. and was passed by the following vote as Ordinance No 9620: ,F, ..-. Councilmen voting Aye: Borgmeyer , Brant , Crader, Gordon , Halsey , j ,, Hequembourg , Kliegel , Prenger , Wade and Whitecotton . r,. Councilmen voting Nay: None. + Bill No. 225, introduced by Councilman Kliegel , entitled : , "An Ordinance of the City of Jefferson, Missouri, amending the Code '1 of the City of Jefferson, 1978, by amending Chapter 22-7 entitled ill 225 1:g. "Business Licenses Based Upon Set Fees" by changing the boxing or Business : `J wrestling fee. " License t . Bill No 225 read third time by title, placed on final passage Fee and was passed by the following vote as Ordinance No. 9621 : f Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon , Halsey , � --;: Kliegel , Prenger, Wade and Whitecotton. : 1 Councilmen voting Nay: Hequembourg. j Bill No 226 , introduced by Councilman Whitecotton , entitled: ,v=+ ,; "An Ordinance of the City of Jefferson , Missouri , authorizing and Bill 226 u 4::=` directing the Mayor and City Clerk on behalf of said City to ere- Real a f pi ,Y i ;.z1r, cute a deed to certain real property. " Estate. '? Bill No 226 read third time by title, placed on final passage x ` ':,I and was passed by the following vote as Ordinance No 0622 : t Councilmen voting Aye: Borgmeyer, Brant , Crader, Gordon , Halsey, '- Ilequembourg;, Kliegel , Prenger , Wade and ' Whitecotton. t � . f. Councilmen voting Nay : None. py +*f iS. s ' Bill. No 227, introduced by Councilman Whitecotton , entitled: 4 ;s:° t° . _I "An Ordinance of the City of Jefferson , Missouri , amending ,y Ordinance No. i)'17G by the deletion of the existing Section 1 of ' Bill 227 IP. w, said Ordinance and the substitution therefor or a new Section 1 . " City Mayor Martsfirl.ld :stated that i th.is, Hill 1 passed the posi.- i Counselor ` IPos,iti.on. , ; k, t;l.ort will. be it sadvt�r t�.i r;tad and there will be a Council panel to � Si :'` ,: screen resumes and conduit interviews , as has been done previously :! L :i.n hiring the Fire Chief' , Adrninist.rator and other positions , and � give the Mayor the three best candidates for the position. From i '; those three, the Mayor will make the appointment . jj Judy Owens , 254 I,andwehr Hills Road spoke against the Iiill . ! °t Thomas Hearne again appeared and spoke against the Bill . Bill No. 227 road third t:irno by title, placed on final passage .x and was passed by the following vote as Ordinance No. 0623 : Councilmen voting Aye : Brant , Gordon , Halsey , Hequembourg , Pronged Wade and Whitocoti:on. 11 Councilmen voting Nay : I3orgmoyer, Crader and Kliegel . Mayor Hartsfield appointed the Screening Committee -- Council- 1 man Prenger, Chairman, Councilmen Wade and Brant , and Administrator` Hamburg. Bill No. 203, introduced by Councilman Prenger, entitled: "An Ordinance of the City of Jefferson, Missouri , changing , amondin , Bill 203 and modifying the Zoning Map of the City of Jefferson , by amending Rezoning Chapter 36 of the Code of the City of Jefferson, by rezoning Request. property located in the 2000 Block of Tanner Bridge Road, from RS-2 (Single Family) to RA (Multiple Dwelling) . " Bill No. 203 was brought from the Informal Calendar and Mr. Benton explained that he had met with parties involved and had reached a compromise and agreement that the Bill be amended so that the zoning would be from single family to PUD (planned unit developi . ment) . They will have to prepare a plan for the Planning and Zoning Commission if the Bill is passed, so there are further steps,' to be taken , but it is our recommendation, after the meeting , that the property be rezoned to PUD (planned unit development) . ' �ll 1 ; y., �.r REGULAR COUNCIL MEETING, April 21 , 1981 5 Councilman Prenger made the motion that such Amendment be accepted Nt Motion seconded by Councilman Whitecotton and passed. Bill No. 203, as amended , then read the third time by title , ', placed on final passage and was passed by the following vote as f ', Ordinance No. 9624 : ., Councilmen Voting Aye : I3or ,me er Brant , Crader, Gordon , Halsey,g Y g Y Y, k`. Hequembourg, Kiiegel , Prenger, Wade and " Whitecotton. Councilmen voting Nay : None. The following Resolution was introduced: RESOLUTION WHEREAS , The Missouri Highway and Transportation Department ;`Z. is authorized to make grants for general public transportation x '~ Resolu- projects; and, z>` ass tion WHEREAS, the contract for financial assistance will impose `q Trans- certain obligations upon the applicant including the provision fir` poration by it of local share of project costs ; and, , WHEREAS , it is the applicant provide ; `; '<} Projects goal of the a licant to rovidel the best x:� Transit System that can be provided with the funds available. 1_ NOW , THEREFORE, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE ' CITY OF JEFFERSON , MISSOURI , AS FOLLOWS : 3.. That George Hartsfield, Mayor, is authorized to execute ?-'.r and file capital and/or operating applications on behalf of the City of Jefferson, Missouri, a municipal corporation , with the Missouri Highway and Transportation Department to aid in the financing of a public transportation system. . 2. That George Hartsfield, Mayor, is authorized to furnish such additional information as the Missouri Highway and Trans- , portation Department require in connection with the application 9�``, or the project . a2 Adopted this 21st day or April , 11)81. . a ATTEST: /s/ Libby Ti.hon, Ci.ty Clerk /ec Goodo It arttu r 1o1d Ma or DATE Apr 1 .1 21. , 1981 Counc-i.ltnan Wade made the motion that such Resolution be adopted. Motion seconded by Councilman Cruder and passed . The following Rusol ut, 1 on was introduced : RESOLUTION I ON . � WHEREAS , the City of .Iei' forson , Missouri , has numerous pro- , grams that are now in the process of being implemented which in- Rerrolu- volvej various grants by and through the Department of Transporta-- tion tion; and MBE j WHEREAS, the Department of Transportation has adopted a pro- 1 Program gram to provide the maximum opportunity for minority businesses to participate in the performance of contracts financed in whole or in part with federal funds; and WHEREAS, the various departments of the City of Jefferson have met and considered such requirements and have determined that it would be advisable to implement the program attached beret+ and incorporated herein as Exhibit A. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI , AS FOLLOWS : Section 1 . That the City Council hereby adopts as its policy the Minority Business Enterprise Program dated April 1981 , a copy of which is on file with the City Clerk and which is designated as Exhibit A, which policy is to provide the maximum opportunity when required by federal law minority business enterprises as defined in 49 CFR, Part 23 to participate in the performance of contracts financed in whole or in part . Section 2 . The City Administrator is hereby authorized to circulate the policy statement throughout the various departments of the City, to minorities, families and the non-minority cm- " munity and public organizations and to do all things necessary to carry out the Minority Business Enterprise Program as defined in Exhibit A. Adopted this 21st day of April , 1981. ATTEST /s/ Libby Tihen, City Clerk s George Hartsfield Ma or r.s 1 r.. x ''.t "'! f F L < �.,i..i, S e n f 4 y; _z n 4.z_<. 'i h t 1•..,ny;' ie r° REGULAR COUNCIL MEETIPIG, April 21 , 1981 , 11, Councilman Whit:ecotton made the motion that such Resolution be -: adopted. Motion seconded by Councilman Wade and passed. ' :' -, ' .~,' . s lit'?-`', The next item of business on the Agenda was the Resolution on ac- Resolu- ,- ce Lance or rejection by T. C. I . for extension of Franchise. `.'*'` ` P ,� Lion ; . Councilman Hequembourg requested that this matter be held over TCI ex- = t , until the second Meeting, after the new Council was sworn in. tension. There was no objection and the matter was held over. Mayor Hartsfield then called on the Chairmen of various Boards and '. _ t. Commissions to give their report and the following were presented: .:` _„ ', u Sam Cook, Co-chairman , Environmental Quality Commission. ?= Martha Ann Claiborne, Acting Chairman , Animal Control Advisory( Reports Commission. At the end of her report to the Council , she ' from - l' ' I presented Libby Tihen, retiring City Clerk, with Certifi- 'i Boards ;;,` ;r crate of Appreciation from the Commission , which was very � & Com- )e ': much appreciated. A '"' �� missions . ���uy�' : Rick Morris, Chairman, Board of Adjustment. I „ ,� Councilman Ilalsey, Chairman , Committee to re-establish Central ' t..=: 'L` location for Bus Terminal . Ya .ski Pete Palermo, Chairman , Annexation Committee . 1 7.,-, John Morris, representing Fred Lafser , Capital Area Riverfront ( ; '-`: . Development Committee. _, y Don Cline, Chairman , Police Personnel Board. t ,; 4 Larry Haake, Secretary, Firemen ' s Pension Board. - }. { James Thomas , Chai.rmon , Parking: and Traffic: Commission. !, -'$ Bill Ia.ix, Chairman , Library Board. ' John Randolph, Chairman, Airport Commission. p Joe Loothen, Acting Chairman , Industrial Development Aut.horityI _. was unable to be present . 1 . Nick Monaco, Chairman , Census and Redistricting Committee , was ' unable to attend. Mayor, Ihirt:r"sf ield gave a report of � figures he had gotten by phone . The total. census figure � is 33, 619. or this amount 21) , 521) whiles ; 3 , 766 blacks ; ,a 50 Indians; I.29 Asian ; and 145 others. ? = ,, Mayor iiarts1' leiet road a card of rtpprec:int Ion received from I'aatt 1 • Roll , thanking t:ho Mayor and Council for the ltsauol ut:i on passed in I remembrance or her husband, Jay Ilo.l l , who passed away March 18, Mayor Hartsfield announced there would be no Work Session on April! 27th , but there would be one on May 11th, and one of the things to Work be discussed at that time is Peat , Marwick, Mitchell ' s report - Session they will complete their work in the next few days and their Annua Report will be delivered to you at the Council Meeting on May 4th, so you can read it and it will be discussed on the 11th. ■ Mayor Hartsfield then presented keys to the City to the following Keys retiring officials, Lon Stone, City Collector, Chris Graham, City to Attorney, Councilman Crader, Councilman Whitecotton and City Clerk City Libby Tihen, Motion then made by Councilman Crader that all unfinished business be carried over to the new Council , and that this Council adjourn sine die. Motion seconded by Councilman Whitecotton and passed. Judge McCormick Wilson then swore in City Attorney Thomas L. Sodergren, Hubie Neutzler, City Assessor , Councilmen Scheulen, Swearing Blume, Hequembourg, Kliegel and Halsey. in of Municipal Judge Nacy and City Treasurer Ed Cole had been sworn in inew of- previously by City Clerk Libby Tihen, since they were ill and un- ficials able to attend the meeting. i in Re:ular Council Meetin Aril. 21 1981. New Council Mayor Hartsfield presided. Meeting held at the Thomas E. Whitecotton Law Enforcement Center. Prayer offered by Mayor Hartsfield. Councilmen present: Blum Borgmeyer, Brant, Gordon, Halsey H quembourg, Kliegel, Prenger, eult and Wade. Councilmen absent: None A quorum was declared present . Mayor stated the first order of business would be the election of Mayor Pro tem. Election Councilman Hequembourg nominated Councilman Prenger. Mayor Councilman Wade moved that nominations cease and Councilman Prenger Pro tem, be elected by acclamation. Motion passed unanimously and Councilman Prenger elected Mayor Pro tem. Judge Wilson then swore in Mayor Pro tem Prenger. Election The next order of business - election of a City Clerk. City Councilman Wade nominated Judy Mason as City Clerk. There Clerk. were no further nominations and Judy Mason was elected City Clerk iby a unanimous vote. Judge Wilson then swore in City Clerk Judy Mason. Reconfirming Mayor Hartsfield then stated that there were six very able and Department very hard working Department Heads and he had no reservations about Heads . reconfirming them for another year. Mayor stated that by law and Ordinance the Council Member serving Planning on the Planning and Zoning Commission should be effected by the and Council. Zoning Councilman Prenger nominated Councilman Blume as Representative Repr. on the Planning and Zoning Commission. There were no further nominations and Councilman Blume elected as Representative to the Planning and Zoning Commission by unanimous vote. Mayor Hartsfield then passed out lists of Council Committee +assignments : PUBLIC SAFETY PUBLIC WORKS and PLANNING Sydney Wade, Chairman Vincent Borgmeyer, Chairman Ed Kliegel, Vice Chairman Darrel Gordon, Vice Chairman John Hequembourg Mike Prenger !Randy Halsey Tom Brant Clarence Blume Vernon Scheulen Council Finance Chairman - John Hequembourg Committees SPECIAL (TEMPORARY) COUNCIL COMMITTEES: INVESTMENTS, AUDIT and COMPUTERIZATION TRASH FRANCHISE Ed Kliegel, Chairman Randy Halsey Mike Prenger Sydney Wade Sydney Wade Vincent Borgmeyer John Hequembourg IRPORT COMMISSION ORDINANCE John Hequembourg, Chairman Darrel Gordon Tom Brant Bill 81-l.'Bill No. 81-1, introduced by Councilmen Borgmeyer and Brant, Curbing 'entitled: Maywood "An Ordinance providing for the improvement of the following and roadways: Poplar Street (From Atchison Street to the dead end) , Poplar Maywood (From West Edgewood to Tower Road) , by curbing and . Streets. guttering with portland cement concrete." Bill No. 81-1 read first and second time by title and ordered IIIdistributed to members of the Council. 114 : - . - • •c.i1,._Mee.ting, April 21,��.9A1�.-view • • Bill No. 81-2, introduced by Councilman Brant, entitled: "An Ordinance of the City of Jefferson, Missouri, amending the a: Code of the City of Jefferson, 1978, by repealing Section 5-13, relating to consent of adjoining property owners , and enacting a Bill 81-2. new Section 5-13 relating to the same subject, in lieu thereof." Liquor Bill No. 81-2 read first and second time by title and ordered Licenses distributed to members of the Council. Signatures. Mayor Hartsfield temporarily retired and Mayor Pro tem Prenger took over the Chair. The follow ng Resolution was introduced: Resolution Extension WHEREAS, the license of Telecommunications , Inc. , (TCI) for Cable T.V. the provision of cable television service within the City of Franchise Jefferson will expire on April 21 , 1981; and 1 WHEREAS, the cables of TCI by agreement are attached to the I lines and poles of utilities licensed by the City of Jefferson City to utilize the right of way adjacent to the streets and alleys of the City of Jefferson; and I WHEREAS, the said utilities ma not permit unlicensed persons .i: to utilize the lines and poles of the utilities ; and i WHEREAS, the parties to the case of TCI v. City of Jefferson City, presently pending in the United States District Court for the Western District of Missouri have agreed that the City of Jefferson City will not award a license for cable television service until the Court has ruled upon the City's pending Motion to Dismiss ; and WHEREAS, the City of Jefferson is willing to permit TCI to continue to operate its cable television service with the City under proper license for a sufficient period of time to permit the possible resolution of the issues pending in the aforementioned case. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF JEFFERSON, MISSOURI, AS FOLLOWS: 1. The cable television non-exclusive franchise which expires April 21, 1981, shall be extended for a period of ninety (90) days from the date of acceptance of such extension in writing by TCI filed with the City Clerk, such written acceptance of extension to be filed on or before the 21st day of April 1981. ADOPTED and approved this 21st day of April , 1981. /s/ Michael Prenger, Attest Mayor Pro tem /n/ Libby Tihen, City Clerk Accepted - Telecommunications , Inc. Community Telecommunications , Inc. /s/ Paul P. Alden Councilman Hequembourg made the motion that such Resolution be adopted. Motion seconded by Councilman Gordon. Councilman Hequembourg stated he understood this was the same Resolution as previously passed, except Paragraph 2 had been eliminated. It was the agreement discussed with the Judge in Court this morning and that TCI will accept this Resolution, and it is a good faith Resolution on the part of both parties. Attorney Andrae stated TCI would sign the Resolution with the Whereases, but they think those clauses are surplus . Councilman Hequembourg, based on Mr. Andrae's statement, withdrew his motion. Mr. Tettlebaum stated it made no difference about the clauses, it was his recommendation that the Council adopt the Resolution. Councilman Hequembourg then resubmitted the motion that such Resolution be adopted. Motion seconded by Councilman Scheulen and passed. After further discussion, Councilman Borgmeyer made the motion that a five man Committee be appointed, one member from each Ward, to study the matter and report back with recommendation within sixty days . Motion seconded by Councilman Kliegel. Councilman Hequembourg stated this was too important a matter for only half of the Council to vote on. After further discussion, the Chair tools a vote on the motion and it failed to pass. Councilman Hequembourg made the motion that immediately follow ! ing the Regular Session the Council go into Executive Session with the Attorneys and acquaint the new Members of the Council with necessary information. Motion seconded by Councilman Prenger and passed. Mayor Hartsfield returned to the Chair and the meeting adjourned.