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94 JUNE 2.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 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 June 2, 1994 at the regular, meeting place of the Council. Alderman Ray delivered the invocaton after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. Mayor Swaim expressed appreciation for those in attendance. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Williamson, Keaton and Twitty answered ROLL CALL. Alderman Fletcher and Sansing arrived at approximately 7:05 p.m. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Mayoral Aide and Personnel Director Michael Beeman, Safety and Training Coordinator Betty Higgins, Finance Director Paul Mushrush, Parks and Recreation Director Annabelle Davis, Community Development Director Tony Ply, Economic Development Director Phil Sullivan and Associate Rona Scott, Fire Chief Rick Ezell, Police Chief Larry Hibbs, 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 May 19, 1994 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Keaton that the minutes of the Regular City Council Meeting of May 5, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: ORDINANCE 1023 (#6-94) Waiving Competitive Bidding for Repairs of Fire Truck Mayor Swaim recognized Fire Chief Rick Ezell who remarked that the pumper truck to be repaired is approximately seventeen years old relating that last year the engine was rebuilt. He said that major repairs are now needed including a transmission and engine, 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. estimating a three week time period to complete the repairs. He said that Walt Bennett Ford has been chosen because they are a major large truck distributor and that it is important that a quick turn-around job be done on the truck. He said that the reserve pumper in the department is nineteen years old. Mayor Swaim related that funds are being saved to purchase a new pumper truck adding that close to fifty thousand should be available by the end of the year. Chief Ezell pointed out that the Aerial Truck can be substituted as a pumper truck if it needs to be used in that capacity. Alderman Wilson moved, seconded by Alderman Knight, to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the FIRST TIME. Alderman Ray moved, seconded by Alderman Keaton to suspend the rules and dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis, to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray, to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Keaton moved, seconded by Alderman Lewis, to suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. '2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. Alderman Smith moved, seconded by Alderman Sansing, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Smith, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0) Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBERED 1023 THIS 2ND DAY OF JUNE 1994. POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: DISCUSSION: Transition Consultant for the new Community Center Mayor Swaim recognized Parks and Recreation Chairman Mrs. Pat Bond who related that she would like to request permission for the Parks and Recreation Commission to begin the search for a transition manager to help with the enormity of the project that has been undertaken. She related that the desire is for a manager from the outside to help organize and implement in the beginning stages. She related that this needs to include the whole Parks and Recreation program not just the new Community Center adding that it will save time having to go back re-do things. Alderman Keaton stated that he was in agreement with Mrs. Bond's statement pointing out the complexity of the new center and the recreational programs requiring complex managing procedures. In response to a question posed by Alderman Fletcher Mrs. Bond related that it is her understanding that there are firms or groups that are available for employment of this nature. She related that an estimated guess with regard to salary could be around $30,000.00 dollars. Mayor Swaim related that everyone involved has worked very hard to build a center that the city can be proud of adding that the center needs to begin with the best advantages with the use of the programs. He related that part of the funding may be available from the Parks and Recreation budget with the balance coming from the Contingency Fund. He then related that the Council approved 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. matching funds for a grant program which only a portion was approved by the government adding that the balance of those funds could be applied in this area. Mayor Swaim related that part of the funds needed to hire a consultant would not only pay for the person or group to evaluate what is needed but also for the implementation of those programs and "getting things off on the right foot"; giving the public the best advantage with regard to the new community center. Alderman Fletcher related that hiring someone to coordinate and implement the beginning stages of the center and the programs would pay for his salary in the long run with regard to maintenance. Mayor Swaim related that while the Parks and Recreation Commission is not asking to allocate funds tonight they will write an RFP asking for permission to bid proposals. Alderman Smith related that he is in favor of proceeding with proposals. Alderman Wilson moved, seconded by Alderman Knight to allow the Parks and Recreation Commission to solicit proposals with regard to hiring a transition consultant for the new Community Center and the Parks and Recreation programs. MOTION CARRIED. Alderman Wilson remarked that he hoped that the user fees would cover the maintenance cost of the new building, adding that he felt this would be an item closely viewed. Mayor Swaim related the need to make the strongest effort to make this facility available to everyone regardless of income. He added that there is also the necessity to balance the budget helping to provide the funds as with other recreational activities in the community. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: ORDINANCE 1022 (#5-94) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SECTION 8.08.030 ET. SEQ. TO PROVIDE FOR THE REMOVAL AND STORAGE OF ABANDONED OR INOPERABLE BOATS, MOTOR VEHICLES, AND/OR TRAILER; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. Alderman Smith moved, seconded by Alderman Sansing, to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Keaton to suspend the rules and dispense with the reading of the Ordinance in its entirety. Alderman Wilson related that he would be willing to vote for the motion if it is followed by discussion regarding the differences relating to new enforcement as opposed to current enforcement. ROLL CALL: Aldermen: Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. Alderman Knight, Smith, Lewis, and Fletcher voted NAY. Motion received six (6) affirmative votes, (4) negative votes. MOTION FAILED lacking a two-thirds majority vote. Whereupon, City Attorney Bamburg read the Ordinance in its entirety for the FIRST TIME. City Attorney Bamburg gave the following highlights with regard to changes if the ordinance is approved: (1) provision for removal of vehicles from private property within fifteen days unless contested, otherwise, on the sixteenth day the Police Department will get the VIN number, the license plate number, the address, and etc.. of the last registered owner and provide that to the towing and wrecker service who will remove the vehicle from private property. (2) if contested by the owner, he must file a notice requesting a hearing with the office of the City Clerk within ten day from the date he is sited which the same day the Code Enforcement Officer issues a tag on that vehicle. The matter is heard by the next regularly scheduled meeting of the Board of Adjustment. If the judgment of the Code Enforcement Officer is upheld, the owner has seventy-two hours from that date to remove the vehicle, otherwise, the Police Department will have it removed by a wrecker service. (3) the City's responsibility ends once the towing company becomes involved. This ordinance makes enforcement more efficient and is patterned from those governing surrounding cities primarily North Little Rock whose time period is three days instead of fifteen. Discussion ensued as to the intent of the ordinance with regard to exceptions in certain areas concerning delayed repair of vehicles and the manpower needed to enforce the ordinance. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. Mayor Swaim related that the difference in the days from thirty to fifteen should not be a problem adding that the major addition to the ordinance provides for towing authority on private property taking out the extensive process before the city could have an inoperable vehicle towed. He stated that the Council might want to change from the fifteen day period to the present thirty day period recommending that the towing ability be provided. Mayor Swaim pointed out that this ordinance does not change the towing ability with regard to vehicles on public property. Discussion ensued as to the state of inoperablility with regard to trailers and boats where City Attorney Bamburg related that usually the Bill of Assurance of most subdivisions will address this issue. He then stated that the time factor is to be determined by the Council which gave him direction in drafting the ordinance. Mayor Swaim pointed out that zoning regulations will also regulate the use of trailers. Alderman Knight stated that she did not have a problem with the fifteen day period adding that she has received a number of calls from her constitutes in favor of the ordinance. She related that her feeling from this is that the general public wants the community cleaned up. Mayor Swaim asked if there is any Council member who would like to amend the ordinance in any way. It was proposed that in Section One under definitions it should read thirty days instead of fifteen days. Alderman Fletcher moved, seconded by Alderman Lewis to amend Ordinance 1022 by substituting (30) thirty days for (15) fifteen days throughout the ordinance. In response to a question posed by Alderman Knight, City Attorney Bamburg related that the decision by the assigned committee had looked at the ordinance from North Little Rock time period of three days. The committee was of the feeling was that three days would be too extreme. In looking at the time period involved with the court process, under the thirty day ordinance the committee felt that going down to fifteen days and using the Board of Adjustment process, which is quicker and easier for both the enforcement side and the public side, would narrow the window of time it takes to complete the process. He pointed out that this reduces the maximum 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. time period from up to four months to two months with regard to the time factor it takes for the courts to conduct the plea and arraignment noting a "waiting" period due to, the case load. Alderman Fletcher remarked that with regard to the ordinance dealing with the mowing of lots it can take up to six months for the whole process. Mayor Swaim restated the motion to amend before Council asking if they are prepared to vote at this time. ROLL CALL: Aldermen: Lewis, Fletcher, Keaton, Twitty voted AYE. Alderman Knight, Smith, Sansing, Ray, Wilson, and Williamson voted NAY. Motion received four (4) affirmative votes, (6) negative votes. MOTION FAILED lacking a majority vote. Alderman Wilson moved, seconded by Alderman Knight, to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, and Williamson voted AYE. Aldermen Lewis, Keaton and Twitty voted NAY. Motion received seven (7) affirmative votes, (3) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith, to place the Ordinance on SECOND READING. At this time the Council heard remarks from a citizen requesting clarification concerning what the state of violation for a boat with a separate trolling motor would be. City Attorney Bamburg related that there is a separate definition for boats in the ordinance adding that if the boat is seaworthy it is considered to operable. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, and Twitty voted AYE. Aldermen: Fletcher, Williamson, and Keaton voted NAY. Motion received seven (7) affirmative votes, three (3) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Sansing moved, seconded by Alderman Smith, to suspend the rules and place the Ordinance on THIRD AND FINAL READING. Alderman Fletcher related that his vote would be NAY expressing that he would like more time for public input. Alderman Wilson requested clarification stating that as long as the 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. citizens will generally take care of their property there should not be any complaints from the neighbors. He related that he thinks the Council is attempting to solve a problem that exists with the hope that a another problem is not being created. He stated that he felt that the general public would be reasonable allowing neighbors to store items and not complain needlessly. He related that if it turns out that the passage of this ordinance creates more problems than it solves he would hope the Code Enforcement Officer will notify the Council. Alderman Ray stated that it has been his experience that the "Weekend Mechanic" always has an old vehicle that sits for six months waiting for repairs until it creates problems, explaining that if he were the neighbor to complain he would expect the City to move that car. Alderman Lewis related that he would like to express a problem with the time period not with the moving of the car. He stated that even with the leniency provided once it is law, it must be enforced as law. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, and Twitty voted AYE. Aldermen: Lewis, Fletcher, and Keaton voted NAY. Motion received seven (7) affirmative votes, three (3) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Knight moved, seconded by Alderman Smith, that the Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, and Twitty voted AYE. Aldermen: Lewis, Fletcher, and Keaton voted NAY. Motion received seven (7) affirmative votes, three (3) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBERED 1022 THIS 2ND DAY OF JUNE 1994. b. ORDINANCE 1024 (#7-94) AN ORDINANCE ESTABLISHING A MUNICIPAL PROPERTY OWNERS RECREATIONAL IMPROVEMENT DISTRICT FOR PENNPOINTE SUBDIVISION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim asked that the City Attorney remove the word municipal before reading of the ordinance, stating that it implies that it is owned and operated by the City, which is not going to be the case. He asked if this would change the effectiveness if the word municipal were deleted from the title of the ordinance? 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. City Attorney Bamburg related that it must have a label of suburban or municipal, something of that nature, to imply location. He stated the term municipal was used since location is inside the city limits. It was the consensus of the Council that the ordinance heading read as follows: AN ORDINANCE ESTABLISHING PENNPOINTE MUNICIPAL PROPERTY OWNERS RECREATIONAL IMPROVEMENT DISTRICT FOR PENNPOINTE SUBDIVISION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Keaton moved, seconded by Alderman Knight, to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the FIRST TIME. Alderman Keaton moved, seconded by Alderman Smith to suspend the rules and dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Smith, to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Wilson, to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Keaton moved, seconded by Alderman Twitty, to suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. 9 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. Alderman Fletcher moved, seconded by Alderman Knight, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Twitty, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0) Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ADOPTED AND NUMBERED 1024 THIS 2ND DAY OF JUNE 1994. c. Petty Cash Increase for the City Clerk's Office Alderman Smith moved, seconded by Alderman Wilson to increase the amount of petty cash in the City Clerk's Office from $50.00 to $200.00. MOTION CARRIED. d. PRESENTATION: Vietnam Veterans/Vertac Alderman Sansing related that the Vietnam Veterans are a party to the lawsuit against the burn. He related that he is the sponsor for the presentation and felt that they deserved the right to speak to Council adding that sponsorship of the item does not change his position with regard to the burn. Mr. Paul Howell addressed the Council regarding the twenty years of legislation regarding health care and environmental issues involving Vietnam Veterans. He related that in 1989 legislation was passed concerning the health and environmental effects of agent orange adding that the first payment has not been made as of 1994. He related that he understood that this is in federal court and that the City has its hands tied adding that it owes an obligation to its twenty-nine thousand citizens. He read newspaper articles referring to the procedures of dealing with toxic waste. He related the concern on a national level by his organization for getting rid of dioxin. He pointed out that his organization has asked for the help of the senators and state representatives with the endeavors of the lawsuit and is asking the same from the City of Jacksonville with a letter to Carol Browner, Administrator of the Environmental Protection Agency, with regard to the concerns of the burn. He stated.concerns over the inconsistencies involving Vertac adding that they have gotten rid of 80% of the D waste and that the T waste is only 5$ gone. He stated that the real concern is that the T waste is one thousand times more toxic than the D waste. He stated concerns about the recent fire and the available 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. equipment on site. He asked the Council to consider making a public statement regarding their position on the burn. Mr. Bob Stroud said that the work done with veterans by Mr. Howell is commendable. He stated he is in favor of the burn because the hazardous waste is too dangerous to move. He further related that the burn is 2/3 completed and he asked that the Council write a letter in favor of the burn. Alderman Knight she would not mind making a public statement, that she felt the same as she has in the past, stating "If I thought the burn wasn't safe I would move." Alderman Fletcher stated he was never against getting rid of the waste, just the method of burning. He stated that this is the only thing offered by the government. He pointed out that, with reference to the recent fire, the kiln had nothing to do with the fire. He stated he has peace about the burn. Alderman Ray related that he made agent orange at Hercules for three years, stating that the waste was buried at the time. He stated he has faith that they are doing what is best at present. Mayor Swaim summarized by pointing out the rights of the people who live closest to the plant and their desire to have the hazardous waste burned. He also pointed out the possibility of lighting causing an uncontrolled fire. Mr. Howell related his concerns for the health of Jacksonville residents. He stated that some of the Vietnam Veterans came to him with their concerns adding that he is asking that Council acknowledge the package presented to them showing health care risks involved. He apologized to Council if he may have mislead in his account of the recent fire adding that his interest is that there is not fire equipment provided by the federal government on site. He reiterated that he would like a public statement from Council sharing the concerns and a letter to Carol Browning acknowledging the packet received from Mr. Howell's organization. He stated that he would make available a packet of the options in regard to the burn: Alderman Fletcher stated he was aware of other options with regard to dealing with hazardous waste, however, he related that this is the only option for Jacksonville as per the government. He reminded Mr. Howell that the Council tried other action in the past and was threatened with a law suit from the State, adding that any action at this point would only muddy the water. 11 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. Mayor Swaim read a quote from a letter written by Senators Bumpers and Pryor, "We are also requesting that you also provide us information relating to any real or potential threat due to continued storage of hazardous substance at the Jacksonville plant as well as the safety factors that may be made more serious by continued delays". He stated that the people who live near the Vertac Plant have related to him that they feel it is more dangerous to remain there than it is to burn. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim informed the Council of recent complaints concerning the violation of the noise ordinance and related that he has spoken with Chief Hibbs who is making an effort to control the situation better. DEVIATION IN AGENDA: Mayor Swaim related that the bids before Council were not on the agenda due to a later opening date for those bids. Alderman Smith moved, seconded by Alderman Knight to suspend the rules and place two bids on the agenda, one dealing with the Martin Street sidewalk construction and the other dealing with the Animal Shelter expansion. MOTION CARRIED. MARTIN STREET SIDEWALK Mayor Swaim related that the sidewalk is proposed from Hwy 161 at the Recreation Center down to James Street along Martin which would provide a sidewalk that would go all the way down town to Main Street. He stated that as a disruptive process time is the main consideration adding that a completion time frame needs to be a major factor concerning acceptance of bid. Alderman Smith moved, seconded by Alderman Knight to accept the low bid from Versatile, Inc. for $32,901.00 with the stipulation that the contractor complete the contract within a reasonable amount of time to be determined by the City. MOTION CARRIED. Mayor Swaim related that the funds have been allocated from the Street Department and are budgeted funds. ANIMAL SHELTER EXPANSION Mayor Swaim related that these funds will be allocated from the Capitol Improvement Fund adding that it has taken almost a year to find an acceptable plan that is affordable. He related that the City Engineer was able to save some money by having the plans drawn 12 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 2, 1994 7:00 P.M. - 8:45 P.M. in his office. He related that the only bidder has performed satisfactory work for the city in the past. Alderman Knight moved, seconded by Alderman Smith that the low bid from K & E construction in the amount of $25,430.00 be accepted and funded from the Capitol Improvement fund. MOTION CARRIED. HWY 161 WIDENING PROJECT Discussion ensued as to drainage concerns with regard to the project. City Engineer Reel related that the two major drainage areas that are served in the area are being adequately addressed by the Hwy Department adding that they have a good drainage design. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:45 p.m. Respectfully, _________________________ ________________________ Lula M. Leonard MAYOR City Clerk-Treasurer