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94 OCT 6.docCITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 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 October 6, 1994 at the regular meeting place of the Council. Alderman Smith delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. DEVIATION IN AGENDA: An oath of office, regarding Mayor Swaim's appointment by Governor Tucker as a member of the State Job Training Coordinating Counsel, was administered by Mr. Larry Goddard. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL. PRESENT EIGHT (8), ABSENT (2). Mayor Swaim also answered ROLL CALL and declared a quorum. (Mayor Swaim pointed out that both Aldermen Twitty and Ray had called respectively expressing regret that they could not attend the City Council Meeting due to extenuating circumstances.) Others present for the meeting were: Mayoral Aide Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Economic Development Director Phil Sullivan, Asst: Rona Scott, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Quorum Court Member Mr. Larry Goddard and wife, 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 September 15, 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 September 1, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA FIRE DEPARTMENT: REGULAR MONTHLY REPORT/AUGUST 1994 Alderman Knight moved, seconded by Alderman Lewis that the Regular Monthly Report for the month of August 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $41,800.00) ROLL CALL Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY 0. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. - 7:45 P.M. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/AUGUST 1994 Alderman Knight moved, seconded by Alderman Lewis that the Regular Monthly Report of the Jacksonville Police Department for the month of August be APPROVED. Said report reflects: Computer Collections, $53,809.94, Miscellaneous Payments $749.50, Report Copies $510.25 for a total Collections of $55,069.69 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE, NAY (0). MOTION CARRIED. ANIMAL CONTROL:REGULAR MONTHLY REPORT/SEPTEMBER 1994 Alderman Knight moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for the month of September 1994. Report reflects the following: CONTRIBUTIONS $ 90.00 ADOPTION/FINES $ 641.00 SECURITY DEPOSITS $ 225.00 TOTAL $ 956.00 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for a High Pressure Sewer Cleaner Mayor Swaim related that contrary to the name, the Street Department uses this type of equipment to clean enclosed drains. Public Works Director Spears related that at present the Street Department is using a 1978 jet truck. He added that the pump and the 1,000 gallon water tank is worn out and that the piece of equipment needs to be replaced. He stated that replacing the old type of equipment with a "pull behind" trailer that has a tank and a pumping system will save money by not having to purchase the whole vehicle. He pointed out the low bid did not meet with the required specifications, adding that the second low bidder was 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. - 7:45 P.M. able to provide the specified tank cover with exceptions to tire size and height specifications. He then related that he and City Engineer Reel are satisfied with the second lowest bid which also meets all main specifications of pumping pressures, gallons per minute, capacity etc. He said that the Sewer Department has a piece of equipment like the one under consideration which has given good performance. He related that the payment is to be made from the Equipment Fund, that the item is budgeted. Alderman Smith moved, seconded by Alderman Knight to ACCEPT the recommended second low bid from GraCo., Inc. in the amount of $18,888.88 to be drawn from the Street (equipment) Funds. MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT PLANNING COMMISSION: GENERAL: a. Request/ Municipal Court Ref: Computer Desk Purchase Alderman 'lilson moved, seconded by Alderman Sansing that a request by the Municipal Court to purchase a computer desk (non-budgeted item) costing approximately $200.00 be APPROVED with funding from Small Claims Court funds. MOTION CARRIED. b. Millage Ordinance 1031 (#14-94) AN ORDINANCE FOR THE PURPOSE OF LEVYING THREE-TENTHS MILL AND THREE-TENTHS MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING THREE-TENTHS MILL AND THREE-TENTHS MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Williamson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. - 7:45 P.M. Alderman Smith moved, seconded by Alderman Lewis, to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton 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. At this point, Alderman Wilson made comments about a recent article in the Jacksonville Patriot which had numerous errors regarding passage of the Millage Ordinance. He related that the ordinance provides for the continuance of an existing tax, that it is done every year and made reference to a proposal on the November 8, 1994 General Election Ballot which will be voted on by the people of the City of Jacksonville. He said that the millage increase proposed on the ballot, if passed, will properly fund the firemen's pension fund. He requested that accurate information be provided the citizens cf the City of Jacksonville with regard to the matter. Mayor Swaim explained that, as stated in paragraph one, in 1966 an ordinance was passed levying five mills against real and personal property and that it was rolled back in 1988 to three mills which is done on an annual basis. He noted that the Quorum Court gives consideration to the? request by the City of Jacksonville for collection of the millage which they pass on to the Pulaski County Tax Collector for collection in the upcoming year. He pointed out that the action by the City Council is an annual occurrence. Alderman Wilson requested that the heading of the Ordinance be modified with regard to the (.03) numbering regarding three-tenths mill. The general consensus of the Council was to remove the numerical part of the ordinance. Mayor Swaim voiced that changes in wording in the heading of the ordinance is standard form but that research will be done with regard to changing the same in the future. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (O). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Sansing moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. - 7:45 P.M. Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read Ord. 1031 the SECOND TIME. Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (O). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Sansing, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (O). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1031 THIS 6TH DAY OF OCTOBER 1994: c. ORDINANCE 1032 (#14-94) Re: Waiving Competitive Bidding/Permit negotiations, well drilling and dozer rental for landfills AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF OBTAINING WXCER WELL DRILLING SERVICES AND BULLDOZER SERVICES FOR THE GRAHAM ROAD AND ROGERS ROAD LANDFILL SITES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim said that strong efforts to obtain competitive quotes have been made and that the request is for the authority to immediately negotiate, at the tune permission is given, for the best price possible. He said that availability of the dozers regarding rental of the same is a problem; that the waiting period of thirty days for bids to come in does not meet the needs of the department. Alderman Knight moved, seconded by Alderman Wilson, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Lewis, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. -7:45 P.M. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Mayor Swaim voiced that three wells would be drilled, that there are seven wells on the site. He said that after 1988 the whole site was core sampled and monitoring wells were drilled around the perimeter of the two landfills. He stated that the proposed wells would actually be southeast from Rogers Road. He said that in the consent decree all wells will be tested, with the help of DPC&E, not just the ones to be drilled. He said that $100,000.00 has previously been approved by the City Council with regard to compliance with the consent decree. He said that none of the money has been spent to date recommending that said money be used in this endeavor. Alderman Knight moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton 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 Smith moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Wilson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1032 THIS 6TH DAY OF OCTOBER 1994. 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 6, 1994 7:00 P.M. - 7:45 P.M. Mayor Swaim voiced that City Engineer Reel and Public Works Director Skip Spears are responsible for saving the City of Jacksonville hundreds of thousands of dollars with regard to finalizing paperwork with regard to the clean-up. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim announced that attendance was good at the recent Mums, Music and Muscadines Festival pointing out the exposure to the Hospital due to their Health Fair as a participant at the festival. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:45 p.m. ___________________________ ______________________________ Lula M. Leonard MAYOR City Clerk-Treasurer