93 May 06 Mt
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on May 6, 1993 at the regular meeting place of the
Council. Alderman Smith delivered the invocation after which Mayor
Tommy Swaim led the standing audience in the "Pledge of Allegiance"
to flag.
ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson,
Williamson, Keaton and Twitty answered ROLL CALL. PRESENT EIGHT
(8), ABSENT TWO (2). Mayor Swaim also answered ROLL CALL and
declared a quorum.
Others present for the meeting: City Attorney Robert E. Bamburg,
Deputy City Clerk Susan Goings, Mayoral Aide Michael Beeman, City
Engineer Duane Reel, Code Enforcement Officer Wayne Cox, Public
Works Coordinator Skip Spears, Police Chief Don Tate, CDBG
Director Tony Ply, Board of Adjustment Chairman and Vice President
of the Planning Commission Art Brannen, Intern from ASU Betty
Anderson, NAACP President Betty Farris, other city employees,
interested citizens and members of the press.
' PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of Aprrl 1, 1993 for study and action at the next Regular
City Council Meeting.
APPROVAL AND /OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Lewis that the minutes
of the April 15, 1993 Regular City Council Meeting be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
a. ANIMAL CONTROL Regular Monthly Report / April, 1993
ANIMAL CONTROL: APRIL 1993
Alderman Lewis moved, seconded by Alderman Wilson to APPROVE the
monthly Animal Control Report for the month of April 1993, which
report reflects the f ollowing: CONTRIBUTIONS $0.00,
ADOPTIONS /PINES $857.50 SECURITY DEPOSITS $325.00 FOR A TOTAL OF
$1,182.50 for the month of April 1993. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Ray, Wilson, Williamson, Keaton and Twitty
voted AYE. MOTION CARRIED.
Mayor Swaim related that efforts are being made by the department
to decrease the number of uthanizations and increase the number of
1 i animals adopted.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: Request to ACCEPT Bid /Telephone System
(bid sheet included in these minutes as exhibit a.)
Alderman Knight moved, seconded by Alderman Smith that the low bid
of $15,222.82 from BCS Nova Systems be APPROVED. MOTION CARRIED.
Mayor Swaim said that the system used in the Police Department will
be replaced with the new purchase. He said that the department
feels the company from whom the system will be purchased is
reputable adding that a penalty clause has been included in the
purchase agreement.
It was pointed out that $20,000.00 was budgeted for the purchase in
the 1993 Police Department Budget.
Mayor Swaim pointed out that the purchasing agent Liz Tuck is doing
a good job saving the city money.
STREET DEPARTMENT:
PARKS AND RECREATION DEPARTMENT:
SANITATION: Request to ACCEPT Bid /Sanitation Truck
(bid sheet included in these minutes as exhibit b.)
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Mr. Skip Spears addressed the Council with regard to the
recommendation which he presented for the Walt Bennett Ford #2, bid
of $70,505.00.
He said that the packers meet the specifications and are the same
as those on existing trucks in the department but that what we have
is the difference between the International Truck and the Ford
Truck. He voiced that the reason for the recommendation for the
Ford Truck is due to the fact that all sanitation trucks except one
are Fords, that the city mechanic is experienced in working on them
and that it simplifies efforts to keep spare parts on hand. He
said it also helps when employees are moved around due to vacations
and sickness for the trucks to be the same. He said he preferred
the standardized fleet.
He said that the low bid included a Leach packer and that the guage
of steel is better in the Hiel than the Leach.
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' CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Alderman Smith moved, seconded by Alderman Ray that the
recommendation of Mr. Skip Spears to accept the bid from Walt
Bennett Ford #2 in the amount of $70,505.00 be APPROVED. MOTION
CARRED.
PLANNING COMMISSION:
GENERAL: a. Request for ANNEXATION /NORTHLAKE SUBDIVISION PHASE VI
(Ordinance 990 ( #3 -93) (REF: ANNUAL PLANNING COMMISSION REPORT 93)
Mayor Swaim pointed out that the County has held a public hearing
with regard to the annexation request and has released the property
for annexation into the City of Jacksonville. He said that it is
the recommendation of the Planning Commission that the parcel be
annexed into the city as well.
He said that the property is undeveloped, that there are no
residents living on it and that it borders the present city limits
of Jacksonville.
I ORDINANCE 990 ( #3 -93) ANNEXATION /NORTHLAKE SUBDIVISION PHASE VI
AN ORDINANCE APPROVING AND ACCEPTING THE ANNEXATION OF THE
NORTHLAKE SUBDIVISION, PHASE VI, JACKSONVILLE, PULASKI COUNTY,
ARKANSAS (GENERAL LOCATION: 36.61 ACRES ADJACENT TO EXISTING
NORTHLAKE SUBDIVISION, JACKSONVILLE, ARKANSAS); AND, FOR OTHER
PURPOSES.
Alderman Knight moved, seconded by Alderman Ray, that Ordinance be
placed on FIRST READING. ROLL CALL: Alderman Knight, Smith,
Lewis, Ray, Wilson, Williamson, Keaton and Twitty voted AYE.
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED. Ordinance read FIRST TIME by Robert Hamburg.
Alderman Ray moved, seconded by Alderman Smith, to suspend the
rules and dispense with the reading of Ordinance 990 in its
entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray,
Wilson, Williamson, Keaton and Twitty voted AYE. Motion received
eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Knight moved, seconded by Alderman Ray, that Ordinance be
ACCEPTED on FIRST READING. ROLL CALL: Alderman Knight, Smith,
Lewis, Ray, Wilson, Williamson, Keaton and Twitty voted AYE.
Motion received eight (8) affirmative votes, (0) negative votes.
I MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Alderman Knight moved, seconded by Alderman Ray, that Ordinance be
placed on SECOND READING. ROLL CALL: Alderman Knight, Smith,
Lewis, Ray, Wilson, Williamson, Keaton and Twitty voted AYE.
Motion received eight (8) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, Robert Hamburg read the Ordinance for
the SECOND TIME.
Alderman Knight moved, seconded by Alderman Ray, to suspend the
rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Alderman Knight, Smith, Lewis, Ray, Wilson, Williamson,
Keaton and Twitty voted AYE. Motion received eight (8) affirmative
votes, (0) negative votes. MOTION CARRIED. Whereupon, City
Attorney Robert Hamburg read the Ordinance for the THIRD AND FINAL
TIME.
Alderman Knight moved, seconded by Alderman Wilson, that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith,
Lewis, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
ORDINANCE C APPROVED AND ADOPTED AND NUMBERED 990 THIS 6TH DAY OF
MAY, 1993.
Mayor Swaim pointed out that this is the higher portion of land in
the Northlake Subdivision and City Engineer Reel said that it does
border on the proposed west boundary of said subdivision. He said
that they were advised by the Planning Commission that they, Mr.
Tommy Dupree and Mr. Jack Wilson who are the developers of the
parcel, upon annexation into the city, will have to allow for at
least two entrances and exits from the property before any lots can
be developed and sold for residential building. He said that there
will have to be a box culvert installed and that Fawnwood and
Lynnwood Drive will be completed in the development.
He said that there were no objections to the annexation in the
hearings held by the county.
b. Request to extend Intern Program
Mayor Swaim pointed out that Miss Betty Anderson has been of great
help to the city since her employment as an intern from ASU and
that retaining her for the remainder of the year would enhance the
operations of the city government.
Other Council Members commended the good work that Miss Anderson
has done during her six month stay as an employee.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Alderman Knight moved, seconded by Alderman Williamson that Betty
Anderson be retained through 1993 with funding for salary to be
taken form Sales tax or Contingency. MOTION CARRIED.
c. "Clean -up" Plans for Rogers Road and Graham Road Landfills
Mayor Swaim related that as soon as EPA issued a ROD for the Rogers
and Graham Landfills, he began negotiations to pay for the clean-
up. He further related that those negotiations were ongoing for
approximately two years in which time EPA estimated that total cost
of clean -up for both landfills is seven million dollars
($7,000,000.00).
Mayor Swaim related that the negotiated agreement is for some cash
up front with in -kind work. He stated that EPA found only two
areas of approximately 375 cubic yards where materials needed to
be removed adding that the rest of the area needs ditches to be
filled in, removal of large vegitation and landscaping for proper
drainage. After consulting with various departments it was
determined that a great deal of the work can be done by city
employees with city equipment which consists of drilling three 25
foot wells, monitoring existing wells for 5 years and testing to be
done as needed, backfill, regrade and level excavated areas with 12
inches of top soil to cap, regrade the entire site, backfill all
ditches, ensure that drainage meets all requirements, maintain
fences, prepare a route for the removal of soils to the Vertac
Plant and provide a police escourt. He related that these things
would be done in lieu of cash.
Mayor Swaim stated that the first request for cash on the
Jacksonville Landfill was for one million seven hundred and nine
thousand dollars ($1,709,000.00) plus additional cost on mediation
relating that after negotiations, the agreement cash price is fifty
thousand ($50,000.00) per landfill site plus the in -kind work as
previously stated to replace any other cost.
Mayor Swaim related that the City could be held liable for the
entire cost, spending years in court defending the City's position,
adding that the other PRP's could also bring forth litigation on
their behalf. He futher related that the City has requested that
EPA grant a Consent Decree through the courts, which would set the
previous agreement cash price and protect the City of Jacksonville
from being sued by other PRP's.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Mayor Swaim related that after the clean -up EPA may in turn go back
after the PRP's, Potentially Responsible Parties, for the balance
of the remainder owed. He further related that it will be opposed
by the other PRP's, with no guarantee, adding that this is an
attempt to save the taxpayers a lot of money. He stated that it
has been long hard negotiations and that under the circumstances,
"we have done as well as we could, saving the taxpayers millions of
dollars ". He pointed out that any remedial action of hazardous
waste will be done by EPA contractors, adding that once the
hazardous waste has been removed, there would be a letter from EPA
stating that it is clear for the City of Jacksonville to start the
agreed upon in -kind work. He expressed that he and involved
departments felt comfortable with the given time frame for
completion of the project stating that in order to do this
additional appointments of personnel have to be made. He r e la ted
that EPA has agreed to furnish the Quailty Assurance Person if
requested in writing from the City, adding that Duane Reel will be
the lead person, followed by Skip Spears and Bob Martin.
Mayor Swaim related that the paper work will be tremendous as
everything done must be documented and spelled out in detail,
noting that Skip Spears has already prepared statements of work
reports.
Mayor Swaim related that even with passage of recent legislation
concerning the Super Fund and responsiblity of Municipalities being
4 %, that would still be more than the cost of the proposed Consent
Decree with EPA.
Mayor Swaim related in response to a question from Alderman Wilson
that negotiations began as early as 1989, immediately after EPA
issued their Record of Decision concerning the sites.
Stating the desire to move forward, Mayor Swaim related that a
further protecting the city recent changes ur
final draft with r c g p g Y is
forthcoming, noting that insurance policies and bonding procedures
will follow Councils approval.
City Attorney Robert Hamburg stated that minor changes in the
language will not affect the overall scope or nature of the
ee
agr ent. m
Mayor Swaim related that in anticipation of the turn of events,
monies were set aside in the Sales Tax Fund.
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CITY OF JACKSONVILLE. ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Alderman Smith stated that Mayor Swaim should be commended for his
efforts concerning the negotiations involved with EPA.
Alderman Smith moved, seconded by Alderman Knight to authorize
Mayor Swaim to enter into a Consent Decree with EPA, with regard
to the "Clean -up" of Rogers Rd. and Graham Rd. landfills. MOTION
CARRIED.
Alderman wilson stated that having professionals on staff enables
us to complete the in -kind work required and saves money in the
long run.
Mayor Swaim concurred noting the difficulty if it were not for
someone in Skip Spears position.
APPOINTMENTS:
ANNOUNCEMENTS: a. Mayor Swaim announced that the LRAFB Air Show
would be held over the weekend, May 8th, and 9th.
b. Skip Spears announced that the SOLID WASTE MANAGEMENT has
contracted with Davis Tire of Little Rock, to receive old tires on
May llth, form 9:00 a.m. to 3:30 p.m. at the Recycling Center in
Jacksonville; noting that there would be a fee of $1.00 per tire
for anyone wishing to turn in more than four tires in one day.
c. CDBG Director Tony Ply reminded the Mayor of the Public Hearing
to be held regarding allocation of $25,000.00 for a residence in
Sunnyside Hills Subdivision to house a Police Unit. Mr. Ply
related that the station will be considered a Community Service
Center located at 129 Wilson Street.
Mayor Swaim opened the Public Hearing at approximately 7:50 p.m.
In response to a question from Mrs. Betty Farris, president of the
local chapter of the NAACP, regarding the house being used as a
sub - station, Mayor Swaim replied that it would not be staffed with
policemen over any 24 hour period.
Mr. Ply related that efforts would be made during budget hearings
for 1994 to secure funding with regard to bicycle patrolmen.
Mayor Swaim voiced that hopefully existing funds could be used to
man a bicycle patrol.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 6, 1993
7:00 P.M. - 7:55 P.M.
Mayor Swaim closed the Public hearing at approximately 7:54 p.m.
ADJOURNMENT:
Alderman Wilson moved, seconded by Alderman Ray to adjourn at
approximately 7:55 p.m. MOTION CARRIED.
Respectfully, {/ J f
L la M. Leona MAY•R
City Clerk- Treasurer
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