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96 OCT 03.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on October 3, 1996 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, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Twitty came in at 7:08 p.m. PRESENT TEN (10), ABSENT (0). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to those in attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Finance Director Paul Mushrush, CDBG Director Tony Ply, Public Works Coordinator Murice Green, Mayoral Assistants Michael Beeman and Mark Powers, Police Chief Larry Hibbs, Economic Development Director Mr. Phil Sullivan, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, other City employees and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of September 19, 1996, for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Ray, that the minutes of the Regular City Council Meeting of September 5, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Animal Control Regular Monthly Report/September Alderman Ray moved, seconded by Alderman Smith to APPROVE the monthly Animal Control Report for September 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 422.50 SECURITY DEPOSITS..........................$ 200.00 TOTAL..................................... $ 622.50 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Request to accept Bid: CDBG Ray Road Reconstruction Mayor Swaim pointed out that the recommendation is to use Tri-Star Construction Co., Inc. whose total additive alternate bid amounts to $128,350.98. Alderman Smith moved, seconded by Alderman Knight to approve the CDBG Ray Rd. project bid from Tri-Star Construction Co., Inc. in the amount of $128,350.98. Mayor Swaim explained that the project is for a section of Ray Rd. on the west end toward South Rd. Mr. Ply explained further that the work will begin on Ray Rd. at South Road running east to Goshen St. where it runs into Johnson Park pointing out a connection of sidewalks in the endeavor. He said that he recommends going with the alternative bid adding that this third phase, the construction and final phase, will complete the project. At this point the MOTION CARRIED. b. ORDINANCE 1066 (#15-96) Condemnation of Homes AN ORDINANCE CONDEMNING THE STRUCTURES AND REAL PROPERTY AT THE VARIOUS UNINHABITED LOCATIONS LISTED BELOW LOCATED WITHIN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARDOUS CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Pictures of the several locations listed in the ordinance were displayed to the City Council. Alderman Knight moved, seconded by Alderman Sansing, that Ordinance be placed 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. Ordinance read FIRST TIME by City Attorney Robert Bamburg. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. Alderman Ray 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. City Attorney Bamburg stated that with passage of the ordinance there will be proper publication in the local newspaper and that certified mail notices will be sent out to the owners of each property telling them they have 30 days in which to bring the property into compliance. He said that if the property is brought into compliance it will be dropped from the condemned properties list and if not, proper legal steps will be taken by the City through the Engineering Department against those properties in the order that is deemed appropriate from the most hazardous or dangerous to the least hazardous or dangerous. It was pointed out by Alderman Knight and City Attorney Bamburg that the property owners have previously received notice by certified mail of problems at the several locations listed in the ordinance and Council condemnation action. City Attorney Bamburg voiced that more has been done in notification to property owners regarding Council action than is required by State Statute. Mayor Swaim pointed out that $20,000.00 was budgeted to use in the condemnation efforts noting asbestos removal as an expense if the City has to remove the structures. It was pointed out that vandalism and criminal elements add to the problem of existing condemned properties. Alderman Knight moved, seconded by Alderman Wilson, that Ordinance be ACCEPTED 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 Smith moved, seconded by Alderman Lewis to suspend the rules and 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 Robert Bamburg read the Ordinance for the SECOND TIME. There was no comment from the audience with regard to the condemnation of any property listed in Ordinance 1066. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. Alderman Knight moved, seconded by Alderman Wilson, to further 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 Robert Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Lewis moved, seconded by Alderman Wilson 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 Sansing moved, seconded by Alderman Ray 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 APPROVED AND ADOPTED AND NUMBERED 1066 THIS 3rd DAY OF OCTOBER 1996. b. ORDINANCE 1067 (#16-96) MILLAGE AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF LEVYING ONE MILL AND ONE MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE; 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. Mayor Swaim pointed out that no millage is collected for operation of City government, that by a vote of the public approval was given to assess and collect one mill to go toward the Police Pension Fund and one mill to go toward the Fire Pension Fund which is passed on to the county for collection. He said that taxes are not being raised by the City in passing the ordinance. Alderman Smith moved, seconded by Alderman Wilson, that Ordinance be placed 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. 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 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. 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 Wilson moved, seconded by Alderman Lewis, that Ordinance be ACCEPTED 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 Lewis moved, seconded by Alderman Knight to suspend the rules and 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 Robert Bamburg read the Ordinance for the SECOND TIME. Alderman Smith moved, seconded by Alderman Lewis, to further 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 Robert Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Lewis moved, seconded by Alderman Wilson 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. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1067 THIS 3rd DAY OF OCTOBER 1996. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim pointed out that the "fire house" was on display before the Council meeting adding that it will be a very useful piece of equipment in the education of fire hazards. He also announced the Mums, Music and Muscadine Festival scheduled for the fourth and fifth of October. The status of the building at the recycling center was mentioned. Mayor Swaim voiced that if the prison system does not agree to tear CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING OCTOBER 3, 1996 7:00 A.M. - 7:26 P.M. the building down, the City will have to complete the job. He said that the asbestos has already been removed from the first section on the south end of the building. A question was raised about removing the tub grinder to another location. Mayor Swaim said that there are possibilities of it being moved to Cory Drive or the Graham Rd. landfill area. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:26 a.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer