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96 MAR 21.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on March 21, 1996 at the regular meeting place of the Council. Alderman Ray 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, Sansing, Ray, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Twitty came in at approximately 7:03 p.m. Alderman Wilson was out of town. PRESENT NINE (9), ABSENT (1). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Coordinator Murice Green, Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Chamber of Commerce Director Mickey Anders, Community Development Director Tony Ply, Planning Commissioner Kenny Elliott, Mrs. Judy Swaim, Mrs. D.D. Hibbs, Mrs. Evelyn Smith, 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 March 7, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Sansing moved, seconded by Alderman Lewis, that the minutes of the Regular City Council Meeting of February 15, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT Regular Monthly Report/Police Department Alderman Knight moved, seconded by Alderman Smith, that the Regular Monthly Report for February, 1996 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 81,004.46, Miscellaneous Payments $ 50.00, Report Sales $ 246.00 for a total Collections of $81,300.46. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. Mayor Swaim recognized Police Chief Hibbs to address the Council. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. Chief Hibbs informed the Council that the department has recently completed a three day railroad accident training course sponsored by the railroad and with experience on the train as to vehicle and crossing activity. He related that other information regarding cargo etc. may prove to be beneficial in the event of a train accident within the City. CONSENT AGENDA CONTINUED: FIRE DEPARTMENT Regular Monthly Report/Fire Department Alderman Knight moved, seconded by Alderman Smith, that the Regular Monthly Report for February, 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $95,500.00 for the month of February) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. Regular Monthly Report/CDBG Department Alderman Knight moved, seconded by Alderman Smith, that the Regular Monthly Report of the Community Development Department for February, 1996 be approved. Said report reflects: Informal Meetings ....................................... 3 HUD Meetings............................................. 1 Public Hearings.......................................... 0 HUD Monitoring Visit..................................... 0 a. Letters to prospective applicants..................... 5 b. Applications received................................. 1 c. Bids Advertised....................................... 0 d. Work write-ups & estimates............................ 4 e. Pre-constructions conferences......................... 1 f. Appraisals & Environmental reviews.................... 1 g. Interim Inspections................................... 24 h. Final inspections..................................... 0 i. Emergency Inspection................................. 0 j. Partial payments...................................... 0 k. Project Close-outs.................................... 0 l. Warranty Repairs...................................... 3 m. Contracts signed...................................... 1 n. Rehab mortgages released............................. 2 Public Works: a. Proposals Received.................................... 1 b. Interim Inspections................................... 8 c. Project Close-out..................................... 0 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: REQUEST TO ACCEPT BID: REDMOND ROAD BRIDGE (located approximately 100' from Municipal Drive) Mayor Swaim pointed out to the Council that City Engineer Reel prepared the drawing before them as information regarding the bridge project and options regarding the same. He recognized City Engineer Reel to address the item of business. Mr. Reel explained the bid was taken for a two-lane bridge which would replace the existing bridge. He said that the City is asking to be put on the TIP program to make Redmond Road a four-lane facility from the freeway around to Main Street continuing four-lanes to the base. He said that he asked for an alternate bid to make the bridge a four-lane facility. He pointed out that while the contractor is setting the precast units that he is involved in, the City could purchase six more units which would make that part of the project in place to accommodate four lanes of traffic. He suggested that the facility be completed for the future four-lane project at such time it is completed. Mayor Swaim pointed out that the bridge replacement was not a budgeted project but that he has reviewed the funds and that money is available in the Unbudgeted Street Funds and that there are more than amble funds to build the complete bridge project at this time. He said that for an additional $10,000.00 the bridge can be expanded to accommodate a four-lane facility. Alderman Smith moved, seconded by Alderman Fletcher that the bid of $123,125.13 (making a four-lane bridge on Redmond Rd.) from Jefco Construction be accepted and taken from "Unbudgeted Street Funds". MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. PLANNING COMMISSION: ORDINANCE 1054 (#3-96) Rezoning Property generally located at 900 Ellis Street ORDINANCE 1054 (#3-96) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 900 ELLIS STREET, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 214 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Sansing to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Ray moved, seconded by Alderman Lewis to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY(0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 Sansing moved, seconded by Alderman Knight, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 Knight moved, seconded by Alderman Smith, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1054 THIS THE 21st DAY OF MARCH 1996. PLANNING COMMISSION: ORDINANCE 1055 (#4-96) Rezoning Property located at Block 3 & 6 Original Town of Jacksonville ORDINANCE 1055 (#4-96) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: BLOCKS 3 AND 6, ORIGINAL TOWN OF JACKSONVILLE, ARKANSAS); AND AMENDING ORDINANCE NUMBERS 214 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Lewis to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Ray moved, seconded by Alderman Sansing to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. Alderman Knight moved, seconded by Alderman Smith to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 Lewis moved, seconded by Alderman Sansing, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. Alderman Sansing moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, 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 1055 THIS THE 21st DAY OF MARCH 1996. GENERAL: a. RESOLUTION 487 (#2-96) Opposing EPA Plan A RESOLUTION OPPOSING MODIFICATION TO THE ENVIRONMENTAL PROTECTION AGENCY'S PROPOSED ACTION PLAN FOR REMEDIATION OF THE VERTAC PLANT SITE; AND, FOR OTHER PURPOSES. Alderman Marshall Smith commented that in his opinion the meeting held recently by EPA was mismanaged. He mentioned that the "Jacksonville Plan" was approved by many entities around the City mid-year of 1995 and that EPA quoted that funds had been cut by congress thus modifying the clean-up process. He said that since the meeting, he has spoken with a lady representing EPA with regard to the meeting and public relations between EPA and the community. He pointed out that there is a thirty day public comment period ending April 4, 1996 and that Resolution 487, if approved, sets forth approval of the "Jacksonville Plan" as related to the clean-up of the Vertac Plant site. Alderman Smith moved, seconded by Alderman Sansing that Resolution 487 be read. MOTION CARRIED. Alderman Fletcher commented that approximately ten to twelve years ago a promise was made by EPA to clean-up the area pointing out the possibility of property value losses to residents, relating that property owners feel shafted. He questioned the worth of the resolution. Alderman Smith related that the clean-up or lack of it will affect the residential as well as industrial growth as far as land use. He commented that he did not oppose an amendment to the resolution. Alderman Knight moved, seconded by Alderman lewis to APPROVE RESOLUTION 487. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. b. CDBG: Impediments to Fair Housing Ref: Consultant Selection Alderman Knight related that the selection is a requirement of HUD. After a question by Alderman Keaton, Mr. Tony Ply explained that the data for Little Rock is being collected and that it basically covers all of Pulaski County. He said that some of the information will be used in the Jacksonville area. He said that HUD will spend approximately 300 hours of actual interviews and research to gather information relating to Fair Housing. Mayor Swaim pointed out that bid advertising has been done. Alderman Knight moved, seconded by Alderman Sansing that Mr. Ply be authorized to enter into contract, in the amount of $15,000.00, with J-Quad regarding fair housing consultant selection. MOTION CARRIED. Mr. Ply voiced that the amount is pro-rated adding that Little Rock is being charged approximately $67,000.00. Alderman Sansing voiced that the bid selection was the most extensive that has been done for the department. SANITATION DEPARTMENT: ANNOUNCEMENTS: Mayor Swaim announced "CLEAN-UP DAY" scheduled for 8:00 a.m. Saturday 23 March 1996. DEVIATION IN AGENDA: A letter dated 21 March 1996 addressed to the Mayor was presented to Council by Mayor Swaim from Alderman Wilson, who was not in attendance at the meeting, and read by City Attorney Bamburg. The content of the letter related to an article which recently appeared in the Arkansas Times newspaper (February 16, 1996) regarding a decision by Municipal Judge Robert Batton to dismiss DWI charges at a court hearing for a person who refused to take a breath test at the Jacksonville Police Department. The letter is a matter of record in the office of the City Clerk. A reply to four questions noted in the letter was requested from the office of the City Attorney at the next regularly scheduled City Council Meeting 4 April 1996. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MARCH 21, 1996 7:00 P.M. - 7:35 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:35 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer