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94 JULY 21.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 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 July 21, 1994 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, William on, Keaton and Twitty answered ROLL CALL. Aldermen Knight and Lewis were absent. PRESENT EIGHT (8), ABSENT (2). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were: Mayoral Aid Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Finance Director Paul Mushrush, Economic Development Director Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Planning Commission Chairman Kenny Elliott, Planning Commissioner Tad Green, CDBG Director Tony Ply, 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 July 7, 1994 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of June 16, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT: REGULAR MONTHLY REPORT/JUNE 1994 Chief Hibbs related that this year the Narcotics Task Force, in which Jacksonville participated, was dissolved due to cut backs in federal funding and that assets from that program were divided among each agency. He stated that the Jacksonville Police Department received approximately $15,000.00 in seizure and forfeiture money. He pointed out that the department would like to utilize the funds to purchase another canine to be used on additional shifts. He said that the canine now working in the department is extremely well trained and is responsible for some thirty narcotics arrests, eighteen other arrests which include searches and different types of confrontations. He said that the dog has been involved in three weapons, three vehicles and about $4,500.00 being seized. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. He related that the City of Sherwood is also buying a canine from the same company where the present canine used by the City of Jacksonville was purchased. He related that if approved, the new canine would be purchased there as well and that officers could be trained in conjunction with Sherwood Police Officers, which would split training costs. He said that the age of the new dog will be about two years and that the present dog utilized by the department is five years old and has probably three to four years of good use. He said that building searches, crowd control and unruly situations make the canine very desirable. He related that the canines are on call and that with two, the department will be preparing for the future and the time when the present dog cannot perform all those duties. He said that the cost of the animal is $7,800.00, the same price quoted in the purchase of Alco in 1992. Mayor Swaim posed a question as to replacement in terms of using the dog to which Chief Hibbs replied that in certain situations, having one dog is like having ten offices noting building searches the canine can make thoroughly and very rapidly. Mayor Swaim pointed out the need for approval to proceed with the purchase, but that on the advice of the City Attorney an ordinance should be brought before tae Council for action at the next meeting. Alderman Wilson moved, seconded by Alderman Smith to authorize Police Chief Hibbs to proceed with the purchase of a canine to be utilized by the Jacksonville Police Department, with an ordinance to be prepared and brought before the City Council for action at the next Regular City Council Meeting. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Sansing that the Regular Monthly Report of the Jacksonville Police Department for the month of June be APPROVED. Said report reflects: Computer Collections, $55,358.22, Miscellaneous Payments $1,156.00, Report Copies $436.75 for a total Collections of $56,950.97 ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. RECYCLING QUARTERLY REPORT: JULY 1994 Mr. Skip Spears addressed the Council with regard to the Recycling Program. He pointed out that at the first of the year approximately 1,000 recycling bins were purchased with about nine hundred being distributed. 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL. MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. He said that over twelve thousand cubic yards of yard waste has been collected since January 1, 1994 through June 30, 1994 pointing out that four thousand cubic yards of the twelve was collected in the month of June. He commented that the total amount of recyclables collected is close to three hundred tons which would have cost approximately $4,000.00 in landfill fees which has been diverted. He said that yard waste is not included in that amount. He pointed out that well over $200,000.00 has been recouped since the purchase of the tub grinder, approximately three years ago,, by diversion costs of materials which were not taken to the landfill. Mayor Swaim pointed out that the law prohibits the city from handling garbage and yard waste as it has done in the past. He said that recycling and yard waste are dealt with in a manner which meets federal and state mandates. He related that employees are being utilized to the limit and that one new truck is being.., purchased which can hopefully be operated by one man instead ofy two. He said that the Sanitation crew has done a very good job. Alderman Wilson moved, seconded by Alderman 3ansing that the quarterly recycling report be APPROVED. Said report reflects the following for the 2nd quarter of 1994. Sale of Alum. cans, Paper (Newspaper, Computer, White, Mixed), Cardboard, Plastics 1 & 2, and Scrap Metal was $ 5,019.58; total lbs. collected for Sale is 350,120 lbs. Ground Yard Waste 8,606 Cubic Yards. Number of people through Recycling center 1,668. Sale of Mulch $ 50.00. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/JUNE 1994 Fire Chief Rick Ezell addressed the Council with regard to the report from the Jacksonville Fire Department. He related that there are approximately four or five ambulance runs per day and that a third unit may be needed. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. He informed the Council that the city was very fortunate regarding the second fire at the Vertac Plant Site in that the fire was contained within the firewalls and that no chemicals were involved. He related that security is due to be increased and that the fire is being investigated as suspicious. Alderman Wilson moved, seconded by Alderman Sansing that the Regular Monthly Report for the month of June, 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $39,500.00) ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CDBG: REGULAR MONTHLY REPORT/JUNE 1994 Alderman Wilson moved, seconded by Alderman Sansing that the Regular Monthly Report for June 1994, of the Community Development Department be APPROVED. Said report reflects: Informal Meetings .........................................5 Public Hearings ...........................................0 a. Letters to prospective applicants. .....................0 b. Applications received ..................................0 c. Bid Advertised .........................................3 d. Work write-ups & estimates .............................3 e. Pre-construction conferences ...........................2 f. Appraisals & Environmental reviews .....................3 g. Interim Inspections ...................................35 h. Final Inspections ......................................2 i. Partial payments .......................................0 j. Project Close-outs .....................................2 k. Warranty Repairs .......................................3 Public Works: a. Bids Received . ...................................... 1 b. Interim Inspections .................................. 0 c. HUD Workshops ........................................ 2 d. Project Close-outs ................................... 0 ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: a. ORDINANCE 1026 (#9-94) REZONING OF BROWN ADDN. LOTS 7, 8, 9, 10 & 11 AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY ACROSS FROM 1111 AND 1117 NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affiryative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Wilson to suspend the rules and dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Wilson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Wilson moved, seconded by Alderman Sansing to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Ray moved, seconded by Alderman Wilson, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.m. - 7:45 P.m. CALL: Aldermen: Smith, Sansing, Wilson, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Wilson moved, seconded by Alderman Sansing, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBERED 1026 THIS 21st DAY OF July 1994. b. FINAL PLAT/STONEWALL PH VI It was pointed out by Mr. Green that the common area is conveyed to the property owners in the Bill of Assurance and not by deed. He pointed out that there is approximately one hundred fifty feet from the property lines to the actual railroad track. Alderman Wilson moved, seconded by Alderman Sansing that the FINAL PLAT OF STONEWALL PH VI be APPROVED as presented. MOTION CARRIED. GENERAL: a. Request by Municipal Court Ref: Computer Equipment Purchase/Small Claims Funds Mayor Swaim Pointed out that a computer monitor and some software printer cables have been requested for purchase from Small Claims Funds which are available. Alderman Wilson moved, seconded by Alderman Williamson that the purchase of a computer monitor and software cables amounting to $670.85 be purchased with Small Claims Funds for the Jacksonville Municipal Court. MOTION CARRIED. b. Discussion: CONTRACTING PROBATION SERVICES Mayor Swaim related that research has been done regarding probation services for the City of Jacksonville. He said that Judge Keaton from Camden and Judge Bradley both related that they have been satisfied with the service and pleasantly surprised with the results. He pointed out that the judges related that they instruct the probation officer how to handle each case. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. Alderman Smith related that he had spoken with Judge Milas Hale who said that he was very well pleased with the probation service as provided for the City of Sherwood. Mayor Swaim said that there are still things to negotiate in the proposal in hand from Mr. Don Thomas and asked for authority to work out details of a contract. He voiced that Mr. Thomas has stressed that the success of the program depends on unity in all areas of municipal government in Jacksonville. Chief Hibbs related the following in regard to unpaid fines since 1977: (1) 2,000 warrants for unpaid fines amounting to approximately $543,800.00, (2) uncollected court costs $244,404.00. Alderman Wilson moved, seconded by Alderman Sansing that Mayor Swaim be given authority to move forward! in negotiating a contract with Mr. Don Thomas representing "PROBATION SERVICES" for the City of Jacksonville. Alderman Reedie Ray said that he has talked with Municipal Judge Batton, requesting him to give consideration to the probation service but that the feedback from Judge Batton has been negative. Mayor Swaim pointed out that a salary of approximately $25,000.00 for an employee will be saved in adopting the probation service contract. He said that the situation is workable and that taxpayer dollars will be saved. At this time Mayor Swaim asked for the vote on the motion regarding probation services as stated above. MOTION CARRIED. DEVIATION IN AGENDA: Mayor Swaim requested that an item be placed on the agenda for action; Resolution 474 (#8-94) regarding a right-of-way for Texas Eastern Products Pipeline Company Limited Partnership. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO APPROVE AND EXECUTE ALL DOCUMENTS NECESSARY TO GRANT A RIGHT-OF-WAY EASEMENT FOR CERTAIN REAL PROPERTY OWNED BY CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Mayor Swaim explained that City Engineer Reel has been working with Texas Eastern regarding art easement on the western boundary of the 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. Graham Rd. Landfill area noting that about forty acres owned by the City of Jacksonville was never used as a landfill and has a gas line easement which crosses it. He said that the company would like to get a fifty foot easement along a thirteen hundred foot area in which to put a pipeline. Mayor Swaim pointed out that the property is considered a "Superfund Site" and that the easement will be totally outside the fenced area, required by EPA, at the landfill. He said that he had contacted EPA and that Mr. Gillrein has given approval for the transaction. Alderman Wilson moved, seconded by Alderman Fletcher to suspend the rules and place Resolution 474 (#8-94) on the agenda. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith that Resolution 474 (#8-94) be read. MOTION CARRIED. Whereupon City Attorney Robert Bamburg read the heading of Resolution 474. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and dispense with the reading of Resolution 474 in its entirety. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Smith that Resolution 474 (#8-94) be APPROVED. MOTION CARRI1D: APPOINTMENTS: ANNOUNCEMENTS: ECONOMIC DEVELOPMENT: Mayor Swaim announced that 9 August, 1994 at 12:00 noon at the Holiday Inn there will be a final public hearing, under the direction of Mr. Phil Sullivan and Mrs. Rona Scott, regarding Economic Development in the City of Jacksonville. HAZARDOUS WASTE/VERTAC PLANT SITE: Alderman Smith voiced that he would like to go on record that EPA should have informed the City of Jacksonville regarding the moving of hazardous waste from the Vertac Plant to Coffeyville, Kansas in a more timely manner: Mayor Swaim stated that he was contacted the day the article was published in the state paper. He related that he has worked with Senators Pryor and Bumpers offices in the efforts underway regarding the waste. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 21, 1994 7:00 P.M. - 7:45 P.M. HOUSE DEMOLITION: Mayor Swaim voiced that the cost to the City of Jacksonville for demolition per house is between $2,500.00 and $3,000.00. He said that the question has been posed to him whether or not the City will accept the property if a clear title is given by the owner. He said that $3, 000.00 was budgeted in the 1994 budget and that the amount has been spent on the demolition of Mrs. Head's house. He said that efforts are being made to take care of those houses which have been condemned by the City. City Attorney Bamburg voiced that he is making sure proper owners of the condemned houses have been notified. He pointed out that other properties are under observation for condemnation by the City. ADJOURNMENT Alderman Fletcher moved, seconded by Alderman Ray that the meeting adjourn at approximately 7.45 p.m. MOTION CARRIED. Respectfully, _________________________ ___________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 9