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03 JUN 05.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 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 June 5, 2003 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Ray was absent. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Parks and Recreation Director George Biggs, Police Chief Ruthven, Fire Chief Vanderhoof, Chamber of Commerce Director Bonita Rownd, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Glenda Fletcher, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of May 15, 2003 for approval and/or correction at the next Regularly Scheduled 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 1 May 2003 and the minutes of the Joint City Council and Planning Commission meeting of 3 March 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Engineering Report for May 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 29 Building Inspections 75 Business License 32 HVACR 31 Electrical 64 Plumbing 99 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 225 Notice of Noncompliance 29 Property Mowed 11 Towed 2 Trash Letters 52 Trash Removal 3 CONDEMNATIONS Cost for April $1,380.00 Structural Maint. Letters 19 Structural Repairs Made 0 Demolitions 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid Backhoe Front End Loader Mayor Swaim noted that the bid sheet did not include a recommended provider, adding that there has been discussion regarding the qualifications, needs and costs. Street Superintendent Tracy Sims addressed the Council explaining that the Street Department has experienced problems with the current backhoe unit. He stated that the 675 is working well given its reach, but added that the John Deer has the longest boom reach for the size and cost of that type of equipment. He stated that to his knowledge and according to measurements of the floodways and ditches, if they do not change to the requested unit that they will have to rent equipment to fill the job performance needed to clean out the ditches and waterways. He asked that the Council review the considerations, explaining that equipment rental would be an added cost in his budget next year. Mayor Swaim noted a $10,000 plus cost difference between bids regarding the John Deer, which has a 1’9” longer reach than the lower bid. He stated his concern for the additional cost, adding that Mr. Sims and Mr. Oakley have related their concern for the extra reach distance. He then noted the difference of 10” in the loading height, explaining that the John Deer is 14’8”, which is the height of an underpass. He went on to expressing concern that the equipment would be too tall to pass through the underpass. He stated that the depth of digging is the difference between 19’11” and 18’2”, adding that he is not convinced that the extra reach is worth $10,000 plus in costs. He suggested that Council delay action to have the providing Companies provide a demonstration. Discussion ensued regarding the bid specifications and the type of equipment. Mayor Swaim stated that the equipment bid from Rushing and Mason is a New Holland Ford tractor and Warrior of Arkansas bid a John Deer tractor. In response to a question posed by Alderman Wilson, Mayor Swaim stated that the length difference affects the digging distance and depth. Alderman Wilson and Alderman Sansing agreed that costs for the extra foot in length might not warrant frequency for that demand. Alderman Lewis raised questions regarding maintenance of the equipment; Mr. Sims responded that the Street Department currently has ten New Holland units and that the service from New Holland Ford has not been acceptable. He stated that he has experienced problems getting parts and CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. service work, which is another reason they were leaning toward another company and getting away from New Holland. He stated that sales representatives have stated that it is a manufacturer problem regarding parts. He stated that for this reason they are looking at other manufacturers. He noted he is familiar with John Deer and its dependability and service work. Alderman Lewis requested information regarding previous cost of maintenance associated with the New Holland equipment. Mr. Sims stated that he could provide that information to the Council if necessary. Discussion ensued and it was noted that North Little Rock is currently using the unit being proposed. Alderman Smith made a motion to table the item of business pending additional information regarding maintenance costs for the New Holland. In response to a question posed by Alderman Wilson, Mr. Sims stated that Warrior of Arkansas is located in Southwest Little Rock. Alderman Lewis seconded the motion. Discussion ensued regarding availability of parts from the manufacturer, Alderman Fletcher requested information regarding a change in the line of equipment, asking that the Water and Sewer Department be contacted regarding their equipment line and any problems they may be experiencing. He then suggested contacting the New Holland dealer to resolve maintenance issues. Mayor Swaim recognized Mr. Ted Belden owner of the New Holland distributive. Mr. Belden explained that Rushing & Mason signed an agreement one month ago to represent New Holland equipment. He stated that previously it had been Capital Ford who represented the construction equipment line, and that now Rushing & Mason will be the new dealer. He related that Rushing & Mason is a heavy equipment dealer and will now have new Holland tractors in the construction line to service and sell. He stated that it is new for them and they hope to do a better job servicing the vehicles. Mayor Swaim explained that neither of the other tractors met specifications as written, but that this was the only area in which they did not meet specifications. He stated that that City does have the liberty of choosing an alternative piece of equipment that meets specifications unless there is justification that costs are significant because of repairs. At this time, MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. Mayor Swaim stated that the Council would receive additional information regarding written justification. Alderman Wilson complimented the employees responsible for the upkeep and maintenance of grounds around the City, saying that the planting areas are very attractive throughout the City. Mayor Swaim stated that he would pass that information along, and extended joint credit to the master gardeners who work the flowerbeds on weekends. Alderman Wilson stated that he felt it would be helpful to review past equipment rental and what equipment is anticipated for rental over the summer. Discussion ensued regarding trade-in value and final pricing. PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Haskins Commercial Addition Lot 1 DEVIATION IN AGENDA: GENERAL: a. ORDINANCE 1198 (#6-03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5.20 TO PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE; AND, FOR OTHER PURPOSES. Mayor Swaim noted that the Ordinance amendment fashioned after the one used by the City of Conway is somewhat complicated. He suggested that the City Council review the Ordinance, noting some changes regarding the regulation of rates by zones. Alderman Wilson requested a summary of changes for discussion at the next regularly scheduled meeting. Alderman Stroud expressed concerns that a taxi privilege tax was included in the proposed Ordinance. He noted that the privilege tax Ordinance was established in 1967 and will need an update of its own. City Attorney Bamburg related that the proposed Ordinance would supercede current requirements of the privilege tax regarding payment on taxis or vehicles for hire, but would also be listed in any amendment considered for privilege tax. Alderman Fletcher expressed concern that too much regulation might affect the availability of taxi service in the City. Mayor Swaim related that the proposed Ordinance is a response to a number of complaints from the general public. He stated that the Ordinance is an attempt to meet the public’s expectation regarding taxi service in the City. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. City Attorney Bamburg explained that State statutes are incorporated into the proposed Ordinance, adding that some of the State statutes were already in place with the existing Ordinance, pointing out that in 1954 there were no requirements for insurance liability coverage. He related that the proposed Ordinance meets and specifies required insurance coverage. He stated that the proposed Ordinance is patterned after the City of Conway along with some information incorporated from the Little Rock and North Little Rock taxi ordinances. Mayor Swaim noted that the three areas most affected by changes are the rate schedule, the operating hours, and the requirement of a privilege tax plus a fee for each taxi. He stated that the Ordinance is a recommendation, adding that the Council may provide input. He noted that the State statute is more strongly enforced in some areas then others, but noted that any person convicted of driving while intoxicated or a felony arrest is prohibited from operating a taxi. City Attorney Bamburg stated that the proposed Ordinance is a starting point for City Council to consider modifications in customizing taxi service for the City of Jacksonville. b. ORDINANCE 1199 (#7-03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 17.12.125; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES. Mayor Swaim stated that the Ordinance would amend the Jacksonville Municipal Code regarding deposit on construction projects. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1199 be PLACED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1199. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1199 be APPROVED on FIRST READING. City Engineer Whisker recalled the passage of a recent Ordinance regarding provision for final platting of commercial property, which allowed for a cash deposit regarding necessary improvements. He stated that while it is easy for the City to hold cash deposits until improvements are completed, buyers and sellers have voiced a hardship regarding disagreement of who should deposit improvement funds. He stated that it was felt the best solution would be a surety bond for the amount of the improvements. He answered that it is easier for either the seller or the buyer to purchase a $300.00 bond rather than have $30,000 on a deposit hold until the development is completed. Mayor Swaim stated that a commercial piece of property that the City Council will review for final plat tonight has been a delayed regarding the buyer/seller cash deposit. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1199 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1199. Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1199 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1199. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1199 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1199 THIS 5TH DAY OF JUNE 2003. RESUME AGENDA: PLANNING COMMISSION: FINAL PLAT Haskins Commercial Addition Lot 1 Mayor Swaim related that the subdivision is located at the corner of Marshall Road and the Main Street Exit. In response to a question posed by Alderman Wilson, City Engineer Whisker related that the Planning Commission had requested that the developer submit a bond for the sidewalk and waterline, which he has done. Alderman Elliott moved, seconded by Alderman Smith to Approve the Final Plat of the Haskins Commercial Addition Lot 1 as presented. MOTION CARRIED. DEVIATION IN AGENDA: APPOINTMENT(S): PARK & RECREATION COMMISSION APPOINTMENT Alderman Smith moved, seconded by Alderman Lewis to approve the appointment of Mr. Joey Price to the Parks and Recreation Commission for a term to expire 05/09/2008. MOTION CARRIED. Mayor Swaim welcomed Alderman Lewis back. Alderman Lewis thanked everyone for their support while he was in the hospital. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2003 7:00 P.M. – 7:31 P.M. RESUME AGENDA: c. RESOLUTION 571 (#2-03) A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF A NEW SCHOOL DISTRICT WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Mayor Swaim related verbal agreements to make every effort to create a new school district for the City of Jacksonville and the feeder areas, pointing out that Resolution 571 is an expression of the City Council’s support for that separate school district. Alderman Wilson moved, seconded by Alderman Smith that Resolution 571 be read. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Stroud moved, seconded by Alderman Sansing to adopt Resolution 571 (#2-03) MOTION CARRIED. Mr. Ted Belden announced that Monday the State Board of Education would hold a meeting to address issues regarding the proposed separate school district; he then encouraged everyone available to attend the meeting to voice their support. He stated that the meeting starts at 9:00 a.m. ANNOUNCEMENT(S): Annual Municipal League Conference June 18th to 20th 2003 Sign Ordinance Committee will meet at 6:00 p.m. on the 19 June 2003. ADJOURNMENT: Mayor Swaim without objection, adjourned the meeting at approximately 7:31 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer