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HomeMy Public PortalAbout07/17/1978 370. �_......_ .__......___,.. .... . Regular Council .Meeting, July 17, 1978. _......._ Prayer was offered by Mayor Hyder . f ,Councilmen present: Borgmeyer, Brant, Hager, Hartsfield, McDowell , Rackers, Robinson, Whitecotton and Wildhaber. } Councilmen absent: Gordon, absent with leave. A quorum was declared present. j' l�The Minutes of the meeting of_July 5th were approved as received, jli!The following bids were received for the renovation of lighting, !! Ifirst level, at the Parking Garage: Opening of �I Meyer Electric, Inc. 120 calendar days $ 84016 .00 Bids . John L. Hunter, Inc. 90 calendar days 69'400.00 i4 !l Councilman Rackers moved that the bids be referred to the Parking !Authority. Motion passed. The following bids were received for cleaning, patching and sealing of second level of the Parking Garage: Opening of Tri-State Sandblasting 45 calendar days $19,850.00 :Bids . Councilman Bor a er moved that the bid be referred to the Parkin #Authority. Motion passed. g - - - - - - - - - - iThe following bids were received for a 1978 ton pick-up for use of the Health Department: ';Opening of Jefferson City Dodge, Inc. $ 3,690.00 ,Bids. Ca itol City Ford, Inc . 4,470.00 RNey Chevrolet, Inc. 4,071 ,88 Councilman Hager moved that the low bid be accepted. Motion passed, 1ATublic Hearing was held on the following: A hearing will be held at 8:00 p.m. , July 17, 1978, in the Council Chambers, City Hall Building, at which citizens may be heard on the tax rates proposed to be set by the City of Jefferson, Missouri, a political subdivision, The tax rates are set to produce the revenues which the budget for the fiscal year beginning November 1, ., 1978, shows to be required from the property tax. Each tax rate is determined by dividing the amount of revenue required by the current assessed valuation. The result is multiplied by 100 so the : tax rate will be expressed in cents per $100 valuation. ASSESSED VALUATION CURRENT TAX YEAR PRIOR TAX YEAR (BY CATEGORIES) 1978 1977 Real Estate $ 88,164,028.00 $ 79,922,085 .00 Public .► Personal Property 15,852,971.00 17,516, 730.00 Hearing Railroad and Utility 11,225,368.30 9,723,638.02 'Tax Merchants and Levy. Manufacturers 1206839428.00 11,260,446.00 TOTAL $127,9259795.30 $118,422,899.02 4 AMOUNT PROPERTY PROPOSED TAX TAX REVENUES RATES FOR 1978 FUND BUDGETED FOR 1978 (per$100) General Revenue $ 7679554.77 $ 0.60 Interest & Sinking Fund 2559851.59 0.20 '' Library Fund 2559851.59 0.20 s !! Public Parks 2559851.59 0.20 ! ,' Firemen's Retirement System 127,925.80 0.10 !! TOTAL $ 116639035.34 $ 1.30 ! The Council will also consider the allocation of funds available from Revenue Sharing for the ensuing year in the amount of approximately $6649156.00. City of Jefferson, Missouri Margaret Christian, City Clerk. � Wehmeyer, a resident who resides in the annexed area located ; in Callaway County appeared. He said that he had received nothing ' : since annexation but taxes , and objected to the following: 371. Regular Council Meeting, July-_17, _1978,,.,__ .. ._-..__.._.:_ ;!(1) Paying Library Tax in both Callaway and Cole Counties . ' ; (2) Johnson grass and mulberry trees at boundary of Airport property, since they sppread on his property, (3) Speed and litter on WChmeyer Road - not sufficient police patrol. i (4) He has been informed that a junk yard will be located on the south side of 94 which is very close to his property. - A Public Hearing was held on the rezoning of a tract of land lying north of Missouri Boulevard and south of St. Mary's Boulevard and lying behind the Jefferson Plaza, from RS-3 (single family) , RD (duplex) , RA (multiple dwelling) , to C-4 (planned commercial) . Public Bob Watson, 608 Waverly, appeared in opposition to the Hearing—rezoning request. He stated that the Council should require a ` Zoning, certain time limit before a zoning request could be brought before fr the Planning and Zoning Commission after referral from the Council, !I since residents have no knowledge of the hearing, and opponents should have a guarantee that they will be able to speak at the Zoning Commission. They would not object to multi-family zoning but understand that warehouses will be built on the property. ?, Petitions were presented in opposition to the zoning. Councilman Borgmeyer asked the opinion of the Director of Planning and Code Enforcement. Mr. Benton stated that he could not recommend the proposed zoning. The on inal request was from multiple zoning to C-2 District. One of the Commissioners suggested that the City would ,have better control if the zoning was changed to C-4 . Technically this would not allow warehouses , since it refers to retail sales types of buildings . In his opinion, the best use of the property would be low-density multiple dwellings or offices , since it is located in a transitional area. Central - - - - - - - - - - Mobilphone Richard Brownlee, Attorney for Central Mobilphone, Inc . , appeared Tower. before the Council to report on the findings of engineers in regard ] :to their proposed tower and the Cable T V tower, Since the time of ',! ,the application for approval they have had professional microwave 'engineers to prepare a study of exact location of the two towers .,with the parabolic disc pattern in relation to Central Mobilphone `Power. They supplied the information to Mr. Healey which he sent td ;Denver. A report had been received from the Cable T V Company that ;. " the two towers will be totally compatible in height, distance and frequency. Councilman Brant moved that permission be granted to Central Mobilphone, Inc. , to construct the 160 ' tower. Motion passed. Resignat•ion' A letter of resignation was received from Lynda Ford, Jefferson Police ; City Police Department , effective: July 30, 1978. Dept . Councilman Whitecotton moved that the resignation be accepted. ;- Motion passed. Resignation A letter of resignation was received from `ferry L. Day as a Police Police Officer, effective August 1, 1978. Dept . Councilman Whitecotton moved that the resignation be accepted. ,: 'Motion passed. - - - - - - - - - - i Appointment,'The following names were submitted for appointments as Probationary ; Police Police Officers , to fill present vacancies, effective August 1,1978; Dept . 1, Jim W. Bohannan, James E. Smarr, Dale J. Rackers , Herbert J. Heinen, Leslie E. Jobe and Richard L. Biele. Councilman Whitecotton moved that the appointments be approved, Motion passed. Appointment�'An application was received from Herbert L. Adams for the position Bus ' of bus driver. Driver's Councilman Borgmeyer moved that the appointment be approved. ;IMotion passed. � - - - - - - - - - - Plannin g:!An application to rezone a tract of land in the Northeast quarter and ; of Northwest quarter of Section 11, Township 44, Range 12, that Zoningilies between St. Mary's Boulevard and the new Highway 50, Cole ?! Comtn. ;; County, Missouri, and containing 7. 2 acres , more or less , was received from Orscheln Bros . Truck Lines, Inc. , from RA to C-2 ; District. !1 The application was referred to the Planning and Zoning i '! Commission. ;I - - - - - - - - - - ;� i 112, Regular .Council Meeting, .July 1,7 _ 1978. IlThe following communication was received from the Capital City 1�Telephone Company: "A public hearing was held July 11th before the Board of ;Adjustment to review our request to construct a microwave tower on ;*company property located off Christy Drive. At the July 11th :!,meeting, the Board acted upon our request and approved the location 11for the tower fully considering the land use and aesthetic values . "The Board referred the matter of theheight of our proposed tower to ,.' ii ! the City Council. This letter is , therefore, to request the Mayor land City Council's consideration and approval of the requested 'Microwave 1350 foot height for the tower." ,Tower - Isl William A. Oberkrom, District Manager. 'Telephone Councilman Wildhaber questioned the height at that location, ;Company. 11since it could be too high for landing approach of traffic pattern at the Airport. Councilman Robinson 'moved that the request be approved, ! contingent upon approval of FAA. Motion passed unanimously, with i Hartsfield abstaining. - - - - - - - - - - is "Councilman Whitecotton, Chairman of the Police Committee, presentedlPolice Jthe following report : Committee Report. ilThe Police Department Committee met at 7: 30 a.m. , Thursday, July 13,11 ,, I '1978 at Police Headquarters with all members present except Mr. a 1i !,Wildhaber, who was excused, Also present were Chief Patton, Mr. , IlGary Powell, manager Yellow Cab Company, and Mr. James S. Roberson, .! !:Agent with Winter-Dent Insurance Company. ii Following a discussion on Police Professional Liability insurance, Dr. Brant moved that Item No. I of the Winter-Dent proposal of May 15 1978, with Limits of Liability $100,000.00 each ;; Person; $300,000.06 Each Incident ; $500,000.00 Annual Aggregate with the Annual Premium $11,304.00. Provided the liability coverage includes the period of custody from the apprehension through the booking process at the County Jail . The motion seconded by Mr. Hartsfield was approved unanimously, Mr. Gary Powell appeared before the Committee in support of ,,lhis request of June 20, 1978, for an increase in the taxicab rates from .80 minimum lst quarter mile to $1.00 minimum 1st quarter mile ;, ;'land from . 10 each additional one sixth mile to . 10 each additional !! one eighth mile. No change in the fare of . 25 for each additional , passenger over one passenger was requested. The present per hour awaiting time of $6 .00 per hour to be increased to $8.00 per hour ;;waiting time. On motion of Mr. Hartsfield seconded by Dr. Bran 1 um 1st, the Committee the rate change to WOO minim quarter ;; 1; mile and . 10 each additional one eighth mile, with the .25 for each'! iadditional passenger over one passenger and the $6.00 per hour for ;leach hour of waiting time to remain as is . Police terminations , compensation, longevity pay and retirement !! benefits were discussed which resulted in a motion by Mr. Hartsfieldi ,; to submit a request to the Police Personnel Board for a Police it ii salary study and recommendation to the Council . The motion, seconded by Miss McDowell, was adopted. There being no further business, committee adjourned. Respectfully submitted, ,, Thomas E. Whitecotton, Chairman. lCouncilman Whitecotton moved that the report be filed. Motion passed. Councilman Whitecotton, Chairman of the Special Tax Study Committeel"i presented the following report: Tax Study The Tax Study Committee met in the Council Chamber at 7:30 P.M. , ; Committee Tuesday, July 11, 1978, with all members present. Also present ;; Report, were Mr. Joe DeLong, Ron Maxwell, Lon Stone and Roy Farmer, Mr. DeLong and Mr. Maxwell appeared before the Committee to speak on the Gross Receipt Utility Tax relating to its application exemptions and rate. Both were of the opinion that the rate should ' be reduced from the present seven per cent to four or four and one-,, half per cent, and that all of the present exemption be eliminated. ,,: Mr. DeLong stated that to his knowledge no representative of ai, prospective Jefferson City Industry had ever questioned the application of the GRUT, Mr. Stone and Mr. Farmer appeared before the Committee for a general discussion on the various city taxes resulting in a Committee request that they make a further study of Re various city axes and again appear before the Committee with their decisions and recommendations . 373. Regular_Co.uticil Meeting, July_ 17, 1978.. . li The Committee agreed that the GRUT should be reduced to five !per cent and that all of the present exemptions be eliminated, ;, It was also agreed that the ten per cent discount on the four ;I ';per cent cigarette tax be reduced to two per cent for the applica- tion of the cigarette tax stamp. The stamp previously applied by '`.hand stamp is now done by machine. There being no further business at this time the Committee ,was adjourned. a Respectfully submitted, /s/ Thomas E. Whitecotton, �( Chairman. 'Councilman Whitecotton moved that the report be filed. Motion it {passed. I' Finance'Councilman Wildhaber, Chairman of the Finance Committee, requested Committee `Bob Schulte, Chairman of the Parking Authority, to explain their 0 Report request for additional appropriation for the payment of a bill to {t ,Roger Verslues , Mr. Schulte said that the bills were for borings ti, on the Jefferson Street Parking Lot and the Riley Lot; this was in I addition to the original contract, in the amount of $5,063,00. Councilman Wildhaber then moved that a supplementary appropri- j ration be given to the Parking Authority in the amount of $5,063.00 for the borings . Motion passed. 'Councilman Hager. , Chairman of the Health Committee, presented the :! following report: { ;The Health Committee met again on July 10th to consider Bill No. 23 :; i now on the Informal Calendar. Members of the Committee present it i!were Councilmen Hager Hartsfield, Rackers and Borgmeyer. Also iJattending were Counc Umen Whitecotton and Brant, and Councilwoman i` Karolyn McDowell, City Attorney Cris Graham, along with Health {j !; Commissioner Chester McKinney, who were in attendance. t Representatives from Capital City Junk Company and ESM ;; presented their views and arguments , and after an hour of testimony" ;? Councilman Hartsfield made the motion that the language in Bill ! No. 23 remain the same. Councilman Borgmeyer seconded the motion sand it was passed by members of the Health Committee. The Committee also approved permission for three (3) ;' Sanitarians to attend the Educational Conference of International ,; Association of Milk, Food and Environmental Sanitation, Inc . , of ;. Missouri - Kansas, to be held August 13th in Kansas City, in the amount of $587.00 for meals, lodging and registration. The Health Committee met Sunday evening, July 16th, at 7: 30, at thee; Health !: home of Robert Simonds on Hazelton Drive. The purpose of the ? Committee;' meeting was to hear the report of the Sub-committee appointed by Reports. ! the Chairman on the possibility of enlarging the Animal Shelter. Mr. Ed Rackers , Chairman of that Committee, will explain his ?I 1 findings to the Council. j ; Report of the Special Sub Committee of the Health Committee. The Sub-Committee, represented by Councilmen Hager, Hartsfieldi? and Rackers, met Sunday evening, July 16th. After reviewing l sketches and discussions over the past several months, the I? Committee reached the following conclusions: 1) For the convenience of the public, the present facilities should be expanded at its present location rather than a new I location. i 2) That the present shelter area be utilized for general storage and small animals, with an approximate 36 x 72 addition to accomo- as ,. date indoor runs , an enclosed loading area, holding and observationil `;rooms, plus an administrative area. I13) The Humane Society would pledge funds toward the construction ;land/or furnishing of the new facility, which would be located to 1 the east and rear of the present building. 4) That the day to day operations would be performed entirely by 4City personnel. 5) That a Board or Commission be established consisting of;; members of t 4oint e City Council and Humane Society, ,to formulate policy;! jand to coordinate the activities and goals of both groups . The Sub Committee unanimously recommends that this matter be ' referred to the Committee of the Whole for further consideration. Respectfully submitted, /s/ E. R. Rackers, Chairman i� jRespectfully submitted, /s/ Narvey Hager, Chairman �� ii 374. --.R.egq.la-r.._C-.o.uncll.--,Meet.ing,---J-uly--17 j-1978. Councilman Hager moved that the reports be approved , Motion passed11 - - - - - - - - - - !,The following report of the Parking and Traffic Commission was ,; presented to the Council: iThe Parking and Traffic Commission meeting was held Jill 6, 19789 July ! 7:30 A.M. , at the Police Station with the following members present- Chairman Dill, James Whaley, Rael Amos, Ray Bledsoe, Police Department, and Mike Bates , Director of Public Works. Councilman Hager, Councilman Whitecotton, Capt. Duncan and Street Commissioner:j Larry Bates had excused absences. ,Parking The Commission met briefly at Police headquarters to receive ai' and petition from residents of the 1200, 1300 and 1400 blocks of Monroe traffic , Street requesting that parking be re-instated on the east side of ';Commission Monroe Street as it had been previously. Report. After receiving the petitions ,, Mr. Joe Stephenson, 1209 Monroe , IStreet, was present to answer questions Commission members might , 1have. After considerable discussion the Director of Public Works was requested tm,-review the turning radius at the intersection of Monroe and Union when school begins to determine if the recent ,Ichange has made school bus travel more difficult . In other business Chairman Dill informed the Commission that at icenter turn lane on Southwest Boulevard near the Highway 54 over- 1pass will be constructed as soon as scheduling will allow. City Police were requested to check the possibility of restricted parking in the 200 block of Dix Road. Due to prior committments of several members, all other items of new and old business were held over until the next meeting. Respectfully submitted, Isl Bill Dill , Chairman. Councilman Hager moved that the report be filed, Motion passed, - - - - - - - - - - Bill No. 32, introduced by Councilmen Whitecotton and Hager, -Bill 32. entitled: :Amending 1 "An Ordinance of the City of Jefferson, Missouri, amending the Codel;'.Traffic of the City of Jefferson, Section 23-79, relating to parking ; Code. ,prohibited at all times at designated locations , by amending pars graph (a) thereof by adding a new location to the list of streets and highways where parking is prohibited." Read first and second time by title and ordered distributed to members of the Council. - - - - - - - - - - V Bill No. 33, introduced by Councilmen Whitecotton and Hager, entitled: "An Ordinance of the City of Jefferson, Missouri, amending the Code . of the City of Jefferson, Section 23-79, relating to parking Bill 33, prohibited at all times at designated locations , by amending :Amending 1paragraph (b) thereof by adding a new location to the list of ;Traffic alleys where parking is prohibited." ,Code. Read first and second time by title and ordered distributed tol; members of the Council. - - - - - - - - - - IBill No. 34, introduced by Councilmen Whitecotton and Hager, ;,Bill 34. entitled: 'Amending "An Ordinance of the City of Jefferson, Missouri, amending the Code ;: Traffic of the City of Jefferson, Section 23-79, relating to parking Code. prohibited at all times at designated locations, by amending paragraph (a) thereof by adding a new location to the list of streets and highways where parking is prohibited." Read first and second time by title and ordered distributed to members of the Council. - - - - - - - - - - Bill No. 26, introduced by Councilman Wildhaber, entitled: "An Ordinance of the City of Jefferson, Missouri, prescribing a National Plumbing Code, providing for the administration and enforcement thereof, creating the Office of Plumbing Inspector, providing for the appointment, term of office, qualifications , bond,!; powers, and duties thereof, the issuance of licenses to plumbers, examinations thereof, creating a Plumbing Board of Review, regulat- ing all plumbing work and the inspection and maintenance in buildings of all plumbing systems , providing fees to be charged, providing a penalty for violations , providing an appeals process, land providing a validity clause." 375. Regular. -Council Meeting, July 17, 1978. lCouncilman Wildhaber moved that Bill No. 26 be amended as follows: ill. Strike last line of title and insert in lieu thereof: "an jappeals process , providing for a validity clause and repealing ;Ordinance No. 8529 of the City of Jefferson. " ;'2. Add new Section as follows : "Section 19.0. Repeal Clause. ,!Ordinance No. 8529 of the City is declared to be, and hereby ," repealed. All other ordinances or parts of ordinances in conflict Vith any of the provisions of this ordinance are hereby repealed." �13. Change present Section 19.0. to Section 20.0. ,!Motion passed. Councilman Wildhaber stated that the plans and specifications il pmentioned, does not mean architects or drafting g lans, it could be Bill 26. i!a homeowner's plan that can be readily read by e staff on those Plumbing;; things not required by state statute of a regular architect or Code. ,!'tengineer. Bill No. 26, as amended, was read the third time by title and ,: placed on final lgassage and was passed by the following vote as Ordinance No. 9142 : ;: Councilmen voting Aye: Borgmeyer, Brant, Hager, Hartsfield,, McDowell, Rackers , Robinson, Whitecotton and Wildhaber. voting Nay: None. !! Councilmen absent: Gordon, absent with leave . - - - - - - - - - - Bill 27. ;lBill No. 27, introduced by Councilman Hager, entitled: , Interchange1i "An Ordinance of the City of Jefferson, Missouri, amending of service, Ardinance No. 8555 , relating to contract with the cities of Fire !! Columbia, Fulton, Mexico, Moberly and Boonville , Missouri, for the i Department'4operation and interchange of common service of the respective Fire ; Departments of said cities , in event of major conflagration or A ;�,m , ajor disaster, by allowing ft termination thereof by the giving of ;' thirty days written notice. Bill No. 27 was read the third time by title and placed on ;' finalgassage and was passed by the following vote as Ordinance No. 9, 3: Councilmen voting Aye: Borgmeyer, Brant , linger, Hartsfield-, McDowell, Rackera , Robinson, Whitecotton and Wildhaber. ; Councilmen voting Nay: None JCouncilmen absent: Gordon, absent with leave. - - - - - - - - - - ; Bill No. 30, introduced by Councilmen flartsfield and Gordon, ! entitled: Bill 30.t:;. "An Ordinance of the City of Jefferson,, Missouri, authorizing the Contract Mayor and Clerk of the City to execute a contract with Willard. Willard '= Stockman Construction Company." Stockman Bill No. 30 was read the third time by title and placed on Constr. ;; final passage and was passed by the following vote as Ordinance Co: !! No. 911+4: '! Councilmen voting Aye: Borgmeyer, Brant, Hager, Hartsfield, McDowell, Rackers , Robinson, Whitecotton and Wildhaber. 'l Councilmen voting Nay: None IlCouncilmen absent: Gordon, absent with leave. Bill 31.1Bill No. 31, introduced by Councilman Robinson, entitled: Amending "An Ordinance of the City of Jefferson, Missouri, amending the Code Traffic 11of the City of Jefferson, by removing the parking meters on all Code., listreets where trees have been or will be planted, along or on the Iroadways of said City." Councilman Robinson moved that Bill No. 31 be placed on the ii ! Informal Calendar. Motion passed . - - - - - - - - - - '! Bill No. 23 on Informal Calendar. .. Councilman Hager yielded to the City Attorney in regard to legal !! difficulties . 11 Mr. Graham, City Attorney, said that"the controversy stems 1� from argument or allegation that Central Missouri Junk is enfring- ing on franchise right of ESM, Inc. , under Ordinance 8915, adopted November, 1976. After reviewing this matter, he thinks perhaps, ifl there is a point, ESM has brought this to their own form and 1' should be across the street in the courts of our State. Reading 11the contract, which gives an exclusive right to transport and i 11dispose of garbage in Section 1. It also makes reference that the I provisions of' Ordinance 8320. in ,, contract is subject to the ! referring back to that Ordinance, which was the previous contract 376. ..Regular_Council Mee.t ing,_July 17, 19,718. 1which contains various definitions, etc . Section 20. 700 states thaei trans-; I , 11no person other than the authorized contractor shall collect , t l r 'port, remove or dispose of trash of any other person without first 11 jigying an annual occupation tax in the amount of $15.00 plus $10.00 ,i or each vehicle used in such business to, and obtaining from, the ;!City Collector, a license to engage in such business . Paragraph 16 of present Ordinance (8915) . ;;Nothing herein shall prevent anyowner from the disposition of trash,!'; Ithrough licensed pick-up haulers , involving special cleanup of storage or other areas of commercial buildings , nor shall it apply 1to disposition of grass, weeds , limbs , trees or other materials !-Bill 23. ,being removed under special contract, or written. Does not !legal !' find any repeal clause in Ordinance 15 and two ordinances shall ;,Opinion ;!be used together. 'Contract d "Interpretation - E. S.M. does not have an exclusive contract to ',W ith 1haul trash within the City and certainly does not have an exclusive ;;.E S M. ,;right over recyclable materials . If some question or interpretation; Iof this contract, perhaps the matter should be left up to the courtg! �Recommend to Mr. Hager that this contract, presently in force, be allowed to run its course until 1982. These people entered into jicontract knowingly, it is an attempt to change contract and increase',,' !authority that was not granted by the original Ordinance. Recom- I'mended that the Bill be withdrawn." I Mr. Nichols, E.S.M. , Inc. , presented the following facts relative to trash and garbage franchise: 11. August 11, 1976, Notice by letter to Mayor that current con- tract expiring September 30, 1976. 11. September 1, 1976, Health Committee Meeting - discussed some recommended contract revisions - Committee voted .to recommend to lCouncil to take competitive bids . lIII. September 8, 1976, Council..Meeting - accepted recommendation If of Health Committee for taking ompetitive bids . l! IV September 10 and 17, 1971,"Notice of receipt of proposals for 11 lth� collection removal and disposal of garbage and trash from , Jefferson City ad in News Tribune. V. September 27, 1976, Bids opened by Council. ESM only bidder, . bid rejected and voted to negotiate. IVI . October 6, 1976, Health Committee Meeting for negotiations . lNews Tribune covered the meeting and reported on the residential lirateii plus the following concerning commercialxates -, (copy of news article) . 1VII. October 18, 1976, Council Meeting - Health Committee report o , ;i iOctober 6th meeting. Read excerpts from official Minutes (page 570);' : VIII.October 28, 1976, Special Council Meeting Bill 71 was 11 Il ti introduced - (read page 575 - Official Minutes) Minor Amendments ',; Third reading next meeting, i ; IX. November 1, 1976, Regular Council Meeting Bill 71, as 1'! amended - Collection and removal of garbage and trash. Additional 1minor amendments introduced. Then passed unanimously with all 11members of the Council being present. IX, To re-emphasize, the heading of Bill 71, as passed, reads (Read Ordinance Heading) . XI. March 30, 1978, Received letter from Harvey Tettlebaum, representing Central Missouri Junk Co. , which clearly indicated a it misinterpretation of our exclusive trash and garbage contract - to 1! the effect that they apparently felt it proper to contract with customers and haul trash as long as some recycled materials were involved, or as long as the materials were potentially recyclable. XII . May 10, 1978, After losing additional customers which have mixed garbage, trash and recyclable paper to the Junk Co. , we wrote!( a letter to the Mayor and Council expressing our concern with the 1 contract and Ordinance violations, and requested amendment of Item 8 of our contract to more clearly reflect the original intent and meaning of the term "Recyclable Materials" because the present interpretation by the Junk Co. was apparently in conflict with the 1! intent. XIII.Also on May 10, 1978* the City"cease wrote a letter to Mr. 4 Tettlebaum, advising his client to cease and desist" from activi- ties in violation of Ordinance 8715, the exclusive trash and garbage franchise. XIV. May 31, 19789 Health Committee Meeting suggested rewording of Item 8 of the contract was developed to reflect more clearly the original intent for the would and trash to be an exclusive con , tract so that there not be further confusion of the meaning 1, by the Junk Co. or anyone else in the future. 377. ___... Regular Council Meeting, July 19, 1976. June 5, 1978, Council Meeting, first reading of Bill 23 , as jrecommended by the May 31 , 1978, Health Committee Meeting, opposi- r tion voiced by Junk Co, XVI . June 19, 1978, Council Meeting, Bill 23 placed on Informal Calendar and referred back to Health Committee due to lobbying �'efforts with various groups by the Junk Co. , which provided the groups information - some of which was false and misleadingg, some ` of which was completely irrelevant and unrelated to Bill 23. ! XVII.June 20, 1978, We wrote another letter to the Mayor and Council;! ,.assuring that we have never been opposed to recycling and was not i! our intent to prohibit it or jeopardize it in any way, We restatedfj ;' that we were still only interested in clarifying the contract to 3j ; eliminate violations of our exclusive right thru misinterpretation ;dike the Junk Co. is presently doing or others may be apt to do in Bill 23. ,:, the future. Legal ;XVIII. June 10, 1978, Health Committee Meeting - heard comments ;t Opinion from ESM and Junk Co. - recommended Bill 23 remain same. Contract XIX. June 17, 1978, Tonights Council Meeting. with E. S.M. ' Mr. Nichols stated further that E. S.M. has spent over $1 ,000,000 since October, 1976, excluding the landfill operations , to meet ; requirements which contract requires them to meet. Councilman Hager moved that Bill No. 23 be removed from the : Informal Calendar and placed on final passage. Motion passed. Bill No. 23, introduced by Councilmen Hager, Rackers , Borgmeyer, Wildhaber and Hartsfield, entitled: An Ordinance of the City of Jefferson, Missouri repealing Section!; A of the contract authorized by Ordinance No. 8915, relating to a f , contract between the City and Environmental Sanitation Management, {� ; Inc. , and substituting in lieu thereof a new Section 8 of the i Contract." j Bill No. 23 was read the third time by title and placed on final passage and failed to pass by the following vote: d ; Councilmen voting Aye: Borgmeyer, Hager, Rackers , Whitecotton and Wildhaber, ii ` Councilmen voting Nay: Hartsfield, McDowell and Robinson. Councilmen absent: Gordon. ' Councilmen present , but not voting: Brant . ~ !The following Resolution was introduced by Councilmen Hartsfield, !; Gordon and Robinson: ii WHEREAS, the members of the Council, of the City of Jefferson ;jacknowledge with great appreciation the achievements of Mr. Joe Jimenez, golf professional , at the Jefferson City Country Club; and ;; WHEREAS, Mr. Jimenez has served in this ca acity for the past �Jourteen years, coming to Jefferson City from the Manhattan Country ,; ; Club, Manhattan, Kansas , after serving as golf professional in ;' various other clubs throughout the mid-west, where he earned an Joe e Resolut ] excellent reputation as an outstanding golfer and teacher; and WHEREAS, Joe, during the past few years , has won a number of Jimenez . WHEREAS,including the Puerto Rico Open, has qualified in five ; PGA and five U.S.Opens and has well represented his club and the ! City of Jefferson in tAese outstanding events ; and 1 WHEREAS, Mr. Jimenez recently won the National PGA Seniors jjTournament at Orlando, Florida, against such great professionals asi+ ' Sam Snead, Jack Fleck, Doug Ford, Julius Boros, Art Wall, Roberto DeVincenzo, and many other outstanding golfers ; and !! WHEREAS, as a result of this achievement he received the right ,' to represent the United States in a 36-hole match play tournament ; against the champion senior golfer from England as well as an ' invitation to play in the British Open Tournament ; and I WHEREAS, on Friday, July 7� 1978, Mr. Jimenez defeated his � English opponent by a score of 5 up and 4 to play", and was named �iWorld Seniors Champion; and !I !� WHEREAS, Mr. Jiminez is not only a great golfer, he is E ' recognized by all who know him as a fine gentleman, a respected ,! citizen of his city, state and nation, is devoted to his family, �i church and friends , and is one of the most respected members of j `,I his profession; and �l NOW, THEREFORE, BE IT RESOLVED that the members of the City j '' Council of the City of Jefferson extend their heartiest congratula- j1 ! tions to Mr. Joe Jimenez for his many accomplishments in the past j ; and to further extend to him best wishes for continued success in tall his future endeavors ; and ±i r !t 'lRr- Cti.1111Cn Mee ^f�.,n ';�--1-�-�•.--�--7-r-a-g-�* . ..._......--..._.. BE IT FURTHER RESOLVED that the City Clerk send a properly inscribed copy of this Resolution to Mr. Joe Jimenez:, 3404 North Ten Mile Drive, Jefferson City, Missouri. 65101. . ] Councilman Hartsfield moved that the Resolution be adopted. Motidn�l passed. Councilman Rackers referred a ,request to vacate Atchison Street Street right-of-way from Bald Dill Road east 3,550 - to the Street Committee. Committee. ' : ' - - - - .. - - - - ' (. An application to rezone Lots 539 54, 55 and, 56 of' the W,A.B'eck ' Planning Addition, from A.1 to E-Commercial, was re`oeived -from Lage and and Evers. Zoning The application was referred to the Planning and Zoning Commission. Commission. r The Council adjourned to go 'intoExecutive Session, Adjournment. • l . r n • , , ,,' f