STATE SUPREME COURT REFUSES TO HEAR CASE ON JACKSON LANDFILL

JACKSON -- The Missouri Supreme Court ended months of appeals recently when it refused to hear a case involving the city of Jackson's landfill.

Several residents living near the landfill sued the city after a lease agreement was announced between the city and a private waste-disposal company. The residents said Jackson couldn't own a landfill outside the city limits and thus couldn't lease it to a private company.

They also accused the city of violating the Missouri Sunshine Law -- the state's open records law -- in considering the lease agreement.

In July, the Missouri Appeals Court, Eastern District, ruled that Jackson had the power to purchase land outside the city for a landfill. The appellate justices also ruled that the Jackson Board of Aldermen didn't violate the Sunshine Law in their discussions.

With the Missouri Supreme Court refusing to hear the case, it is over, and the city won.

"We contended all along that we did the right thing," Mayor Paul Sander said. "The result is very gratifying."

He mentioned that the lawsuit was useless, anyway, because the Missouri Department of Natural Resources recently granted a permit to close the landfill in question.

Aldermen got the news about the lawsuit at their meeting Monday night.

Business that night included levying special assessments on the recently completed Ridge Road project. Landowners will pay $10 per foot of frontage on the project, which is the last done under the old street policy.

The new street policy eliminated Jackson's longstanding practice of paying all the costs of street improvements except the $10 per front foot picked up by landowners.

In other business, aldermen passed a new tree ordinance dealing with the preservation, care and regulation of trees.

City Manager Steve Wilson said there wasn't a problem with city trees -- passing the ordinance simply will allow Jackson to access more beautification money through the Missouri Department of Conservation.

The ordinance dictates how far apart to plant trees, how they should be pruned and when to remove dead or diseased trees.

Jackson Board of Aldermen

Action

Monday, Nov. 6

7:30 p.m.

Approved a special use permit submitted by Ron Cook to operate a drive-in restaurant in an industrial district at 1931 West Jackson Blvd.

Accepted Rosebud Drive and the portion of Tanglewood in Rosewood Estates Second Subdivision as public streets and accept the water and sewer system serving those lots in the subdivision.

Accepted the engineer's report on Ridge Road paving project.

Authorized the issuance of tax bills on the Ridge Road project.

Authorizeed final payment of $11,054.92 to Fronabarger Concreters Inc., as per Ridge Road paving contract.

Considered ordinance relating to trees, their preservation, care and regulation.

Authorized barricading of streets for annual Veteran's Day Parade at 1:30 p.m. Saturday, Nov. 11.

Set public hearing for 7:30 p.m. Dec. 4 for a special use permit for Jane Clark to open a day care center at 662 W. Independence.

Set public hearing for 7:30 p.m. Dec. 4 on a request from Mike Baker to rezone 977 Donna Street from residential to commercial.

Awarded low bid of $30,600 for auditing city books for three years to Beussink, Hey, Martin & Roe, P.C.