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95 MAY 18.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 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 18, 1995 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. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL: Mayor Swaim also answered ROLL CALL and declared a quorum. He expressed appreciation for those in attendance. Others present for the meeting were: Mayoral Aide Michael Beeman, Deputy City Clerk Susan Davitt, City Attorney Robert E. Bamburg, City Engineer Duane Reel, Public Works Director Skip Spears, CDBG Director Tony Ply, Fireman Bill Baldridge, Chamber of Commerce Director Mickey Anders, Industrial Specialist Jerry Halsell, Water Department Superintendent Ken Anderson, other city employees, interested citizens and members of the press. PRESENTATION: Mayor Swaim invited Larry Townsend to join him in recognition of exchange students living in the Jacksonville area and attending the local high schools. Honorary Citizenship Awards were presented to the students by Mayor Swaim. Mr. Townsend related that there are several exchange student programs which sponsor students from all over the world, adding that forty students are being sponsored in Jacksonville and the surrounding area. He stated that he would be happy to help anyone wishing to sponsor an exchange student. Alderman Ray invited the exchange students to attend the International Rotary luncheon on Monday, May 22, 1995. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 4, 1995 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of April 20, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Reports were submitted by: Fire Department, Police Department and CDBG Department. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/APRIL 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for the month of April 1995, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $2,600.00) ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/APRIL 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report of the Jacksonville Police Department for the month of April be APPROVED. Said report reflects: Computer Collections, $67,646.29, Miscellaneous Payments $1,234.75, Report Copies $237.00 for a total Collections of $69,118.04 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. CDBG: REGULAR MONTHLY REPORT/APRIL 1995 Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for April 1995, of the Community Development Department be APPROVED. Said report reflects: 1. Informal Meetings ....................................... 3 2. Conducted Contractor Seminar ............................ 1 3. Rehab: a. Letters to prospective applicants ................... 7 b. Applications received ............................... 2 c. Bids advertised ..................................... 1 d. Work write-ups & estimates .......................... 3 e. Pre-construction conferences ........................ 1 f. Appraisals & Environmental reviews .................. 3 g. Interim Inspections .................................80 h. Final Inspections ................................... 2 i. Emergency Inspection ................................ 3 j. Partial payments .................................... 1 k. Project Close-outs .................................. 2 l. Warranty Repairs .................................... 0 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. Public Works: a. Bids Received ........................................ 0 b. Interim Inspections ..................................15 c. HUD Workshops ........................................ 1 d. Project Close-out .................................... 1 e. Contract Awarded ..................................... 0 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid for a Front End Loader. Public Works Director Skip Spears related that the Recycling Department has been using a spare back hoe, belonging to the Street Department, which is not ideally suited for the tub grinding operation. He expressed problems with the back hoe becoming overheated because it is not designed to push or break apart the type of material put into the grinder. He related that after reviewing the need for a front end loader and discovering that a new one would cost $75,000.00 to $100,000.00, he began to look into the purchase of a used front end loader. He stated that the front end loader offered from Rushing and Mason has a rebuilt engine and was used on a trail basis for a day in the Recycling Center to insure it was suitable for the operation. He related that there were no problems with the equipment and that the City Mechanics agreed that it is in good mechanical condition. He related that there would be an additional cost for gages which are not working which he estimated will not cost more than $300.00. He related that there would be trade in allowances of 12,500.00 for the spare back hoe and $7,500.00 for a 1978 model International bulldozer, which was also not suitable for the tub grinding operation, making the front end loader cost $5,000.00 instead of the original price of $25,000.00. He then related that an additional $4,300.00 came from the sale of a trash truck and would bring the cost down to around $1,000.00 not including the repair of the gages. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. In response to a question posed by Alderman Fletcher, Mr. Spears related that the back hoe would overheat as it became clogged with leaves and debris in the front radiator. He then related that the front end loader to be purchased has a rear radiator which will prevent debris from becoming clogged in the motor. Alderman Wilson moved, seconded by Alderman Smith to accept the low bid from Rushing and Mason for $5,000.00. MOTION CARRIED. ($4,000.00 from the General Equipment Fund, balance will be drawn from the budgeted Sanitation Fund and repairs will come from the normal Equipment Repair Funds.) b. ORDINANCE 1044 (#8-95) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF REPAIR TO THE STREET SWEEPER FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Public Works Director Spears related the nature of repairs needed, adding that it is a Tymco product with only one authorized repair dealer in the area which is Rivercity Hydraulics, Inc. He related that the cost of $7,984.00 for repairs is reasonable. Alderman Smith moved, seconded by Alderman Lewis, that the Ordinance be placed on FIRST READING. Discussion ensued as to the need for a street sweeper in the City of Jacksonville. It was concluded that with regard from citizen input the street sweeper is necessary and helpful in keeping the leaves from being washed down into the storm drains. 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. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Smith, to dispense with the reading of the Ordinance in its entirety. 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. Alderman Wilson moved, seconded by Alderman Ray that the Ordinance 4 be ACCEPTED 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. ORDINANCE ACCEPTED ON FIRST READING. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. Alderman Knight moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND 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 SECOND TIME. Alderman Smith moved, seconded by Alderman Lewis, that the Ordinance be placed on THIRD AND FINAL 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. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Wilson moved, seconded by Alderman Ray, that the Ordinance be APPROVED AND ADOPTED. 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. Alderman Smith moved, seconded by Alderman Ray, that the EMERGENCY CLAUSE be approved and adopted. 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. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1044 THIS THE 18TH DAY OF MAY 1995. Mayor Swaim announced that Mr. Spears will be leaving the City to return home to Texas to care for his parents. He commended Mr. Spears for the outstanding job he has performed for the City and expressed regret at loosing him. He made mention of the fact that Mr. Spears has delayed his decision to leave as long as possible having sold his home over a year ago. Other members of the Council commended Mr. Spears as well for an excellent job. PARKS & REC DEPARTMENT: ORDINANCE 1043 (#7-95) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF REPAIRING THE SWIMMING POOL FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 5 Mayor Swaim related that waiving competitive bidding on the pool repairs is necessary because there is only one company (Cabot Industries) willing to work on the pool and this year they were late getting their bid in, thus creating a situation for the need to waive competitive bidding by ordinance so that pool repairs CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. could be completed in time for the scheduled opening of the pool. He related that since Cabot Industries has been the only bidder for pool repairs in the last few years they would have received the contract as the low bidder anyway. Discussion ensued as to the need of annual pool repairs. Mayor Swaim stated that one solution offered has been to leave the pool full of water over the winter months, hopefully limiting the damage created when water freezes under the fiberglass liner as it has in the past when the pool is left empty. Alderman Williamson expressed concern with regard to annual pool repairs and the continual repair cost. He proposed that building a new pool might solve the problem of annual repairs. It was concluded that the Parks Commission would look at other options if leaving the pool filled with water during the winter months turns out not to be a viable solution and that for now the pool would be repaired for summer opening. Alderman Wilson moved, seconded by Alderman Ray, that the Ordinance be placed 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. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Wilson, to dispense with the reading of the Ordinance in its entirety. 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. Alderman Smith moved, seconded by Alderman Wilson that the Ordinance be ACCEPTED 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. ORDINANCE ACCEPTED ON FIRST READING. 6 Alderman Lewis moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND 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 SECOND TIME. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. Alderman Wilson moved, seconded by Alderman Ray, that the Ordinance be placed on THIRD AND FINAL 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. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Wilson, that the Ordinance be APPROVED AND ADOPTED. 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. Alderman Smith moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be approved and adopted. 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. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1043 THIS THE 18TH DAY OF MAY 1995. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. RESOLUTION 481 (#5-95) A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE, ARKANSAS, TO ANNOUNCE AND VERIFY LOCAL GOVERNMENT TAX INCENTIVES FOR NEW BUSINESS AND INDUSTRIES WHICH LOCATE WITHIN THE CITY LIMITS TO QUALIFY FOR AND PARTICIPATE IN A TAX INCENTIVES PROGRAM AVAILABLE THROUGH THE ARKANSAS ENTERPRISE ZONE PROGRAM; AND, OTHER PURPOSES. Mayor Swaim stated that the resolution has been reviewed by the City Attorney and the director of the Chamber of Commerce Mickey Anders who feels like it will be beneficial to the Chamber and industrial recruiting adding that the City Attorney has approved the form. 7 Alderman Keaton inquired as to the limit of the operating portion offered with regard to the tax incentive refund program. Mayor Swaim related that each business or industry would be reviewed on an individual basis with regard to limitations. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. City Attorney Bamburg related that each industry will come before the Council on those specific issues and that the resolution will designate the limitations on how far the phase of operations can go. Alderman Keaton requested clarification concerning the possibility that incentives are only being offered to new businesses or industry which might create a disadvantage for existing businesses or industry with regard to competition. Mayor Swaim related that this was a concern in drafting the resolution such that the language was carefully looked at so that it would be clear that determination would be passed on an individual basis. He related that if it were a competing industry that could cause a competition problem then the City Council can refuse any tax incentive refund. City Attorney Bamburg related that the Resolution could be expanded to include an expansion of an existing industry or business, adding that the current Resolution is strictly addressing the local one cent tax. He related that other programs sponsored by the Arkansas Enterprise Zone do not include expansion of existing businesses or industry. Alderman Keaton stated that while we need to attract new business it is important to keep the existing local industry community in harmony. Mayor Swaim related that offering the one cent tax refund to new industry is not an out of pocket expense. Alderman Knight moved, seconded by Alderman Smith to read Resolution 481 (#5-95). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis to dispense with the reading of the Resolution in its entirety. Mayor Swaim concurred with motion, adding that the resolution has been available for review to the Council and press for two weeks. 8 At this time MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis to approve Resolution 481 (#5-95). MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. b. Request to accept bid for a Uniform Rental Agreement. Public Works Director Skip Spears related that while Cintas is the low bidder the City has experienced service problems, adding that Cintas is sending a management person to meet with department heads to work out any problems. He explained that Cintas had informed him that they recently purchased Sunshine Cleaners and experienced problems which they promise will be worked out. He then related that Cintas has been informed that they will be on probation for 30 to 60 days with regard to performance, at which time if the City is not satisfied it can terminate the contract and recommend a new company for the Uniform Rental Agreement. He then expressed some of the problems regarding past uniform service from Cintas and situations experienced by Cintas which may have contributed to the poor performance. Mayor Swaim explained that he has met with personnel, adding that the contract will explicitly allow us to terminate because of poor performance after 30 days if the City so desires. He related that the reason Cintas is still the recommended bidder for the contract is because they are the low bidder and that it is often more of a major undertaking to change companies rather than work out the differences. He stated that if Cintas can meet the quality control required then the City need not disrupt the contract. Alderman Fletcher expressed that with regard to material used and weather situations he feels that the cotton shirts are worth the extra money they may cost. He stated that there is a $60.00 difference and that he is more concerned with the comfort of the employee. Public Works Director Spears related that the polyester shirts have caught fire with employees who use cutting torches. He stated that cotton shirts were offered in the Street Department as an alternative, adding that not all employees wanted them. Discussion ensued as to cotton shirts being offered to all City employees as an alternative. It was further discussed whether or 9 not the cotton shirt could be obtained with short sleeves. Alderman Wilson moved, seconded by Alderman Ray to accept the low bid from Cintas for $262.50 at a weekly rate with the option of employee choice of cotton or polyester. MOTION CARRIED. (this is a budgeted item.) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 18, 1995 7:00 P.M. - 8:00 P.M. APPOINTMENTS: Water Commission appointment of Mike Mitchell to fill the unexpired term of Chuck Drummond for a term to expire 4-20-1996. Alderman Knight moved, seconded by Alderman Wilson to appoint Mike Mitchell to the Water Commission for a term to expire 4-20-1996. MOTION CARRIED. Parks and Recreation Commission reappointment of Lindy Bollen, Jr. for a term to expire 5-9-2000. Alderman Smith moved, seconded by Alderman Ray to reappoint Mr. Lindy Bollen, Jr. to the Parks and Recreation Commission for a term to expire 5-9-2000. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim announced that the Planning Commission has conducted training meetings with regard to land use planning and has also held two seminars with the Metroplan organization. He related that the Planning Commission would like to meet jointly with the City Council for discussion with regard to plans for Jacksonville. He related that he invited the Planning Commission to attend the June 15, 1995 City Council meeting for the purpose of discussion during the regular scheduled meeting. Mayor Swaim announced that City Hall will be closed 29th May 1995 for Memorial Day. Mayor Swaim commented on the extensive work being done by the Economic Development Department with regard to the studies, adding that as information becomes available and studies are completed the City Council will receive updated reports. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, 10 ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 11