HomeMy Public PortalAbout19810421 NEW COUNCIL 107
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" 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.. ..
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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.
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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
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�.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.