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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993
. 7:00 P.M. - 7:55 P.M. /
OATH OF OFFICE CEREMONY
Mayor Swaim announced that all Council members were re-elected
and that County Judge Buddy Vallines was present to officiate
"Oath's of Office Ceremony''. The oaths were administered at this
time.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE
! The City Council of the City of Jacksonville, Arkansas met in
Regular Session on January 7, 1993, at the regular meeting place
of the Council" Alderman Lewis delivered the invocation after
which Mayor Tommy Swaim led the standing audience in the "Pledge
of Allegiance" to the flag"
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ROLL CALL:
� Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, William-
son, and Keaton answered ROLL CALL" PRESENT, nine (9), ABSENT,
(1). Aldermen Twitty was not in attendance. Mayor Tommy Swaim
also answered ROLL CALL and declared a quorum"
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Others present for the meeting: City Attorney Robert E. Gamburg,
I Deputy City Clerk Susan Goings, Mayoral Aide Michael Beeman, City
Engineer Duane Reel, Code Enforcement Officer Wayne Cox, Police
I Chi f D t Fi Chi � �i k E ll Fi Pi t Paul � e on �a e, re e c ce , nance rec or
Mushrush, Intern from ABU Betty Anderson, Park & Rec Director
Annabelle Davis, Pulaski County Judge Buddy Vallines, Mrs. Judy
Swaim, 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 December 17, 1992 for study and action at the next
Regular City Council Meetino.
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APPROVAL AND/OR CORRECTION OF MINUTES: REGULAR CITY COUNCIL
MEETING DECEMBER 3,
ADDENDUM TO NOVEMBER 19, 1992 MINUTES:
Mayor Swaim related that tne finishing amount of $44
dollars for completion of the work to be done at the Central Fire
Station was added as the last sentence of paragraph three (3)
under the heading: FIRE DEPARTMENT.
Alderman Keaton noted a error in the change amount ordered in the
motion and second last paragraph under the same heading. Amount
• reads $12,800,50 amount should read $12,850^00,
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I CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993
7:00 P.M. 7:55 P.M.
Alderman Smith moved, seconded by Alderman Ray that the minutes
of the Regular City Council Meeting of December 3, 1992 and
the addendum to the November 19, 1992 minutes be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: a. ANIMAL CONTROL DEPARTMENT •IT Regular lon th1 •.:
Report /December 1992 and the Annual Report/1992
Alderman Sansing moved, seconded by Alderman Lewis that the
Regular Monthly Report of the Animal Control Department for
DECEMBER, 1992 be APPROVED. Said report reflects the following:
CONTRIBUTIONS $ 4.00, ADOPTIONS /FINES $724.00 AND SECURITY DEPOS-
ITS $250.00 for a total of $978.00. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
and Keaton voted AYE. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis that the
ANNUAL REPORT of the Animal Control Department for the year
ending 1992 be APPROVED. Said report reflects the following:
CONTRIBUTIONS $235.00, ADOPTIONS /FINES $9,056.00 AND SECURITY
DEPOSITS $3,475.00 for a total of $12,766.00. ROLL CALL: Alder-
man: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Wil-
liamson and Keaton voted AYE. MOTION CARRIED.
Mayor Swaim related that during the Christmas season sixteen (16))
animals were adopted through the "Adopt a Pet" program sponsored
by the City o+ Jackson'vi1le. He further related that two (2)
dogs and eight (8) cats will be a that e (5) dogs
_ ,,:,.�_:_1r ";a.t.e�, and that five _ - -....
and ) kitten wi11 be sterilized by the City with cooper
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tinr - i rnrn local vr_ ±er nrii ani ans� o�; t__rlrra discounts.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT: ORDINANCE 988 ( #1 -93) ritj C..Di: NJ:Nf::E WAIVING
COMPETITIVE L' I UD:[ NE FOR THE PURPOSE OF PURCHASING A BAC DATA "iAS.....
- rr_ J -' INFRARED BREATH AI ro!I-iUL.. rhbliNb DEVICE FOR TFI! - CITY OE JACK-
N
- if�i..�i:L L�_ POLICE 4t_h �- !�'l�l "I-r9i: DECLARING AN 1- 111_!:1 �;i ;'if. ra��! %„ .. NUN
OTHER PURPOSES.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993 I
7:00 P.M. - 7:55 P.M.
Chief Don Tate related that with each DWI arrest a portion o+ the
fine goes into a fund for the purchase o{ equipment to he used
! for the same purpose, He further related that the funds were
; available to cover the purchase adding that the BAC Datamaster is
the only one that the Department of Health certifies for use
with the Police Department.
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Alderman Ray moved, seconded by Alderman Wilson, that Ordinance
be placed on FIRST READING" ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sensing, Ray, Wilson Fletcher, Williamson, and
Keaton AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes. MOTION CARRIED" Ordinance read
FIRST TIME by City Attorney Robert E. Bamburg,
Alderman Ray moved, seconded by Alderman Wilson to suspend the
rules and dispense with the reading of Ordinance 988 in its
entirety. MOTION CARRIED.
Alderman Sensing moved, seconded by Alderman Lewis, that Ordi-
nance be accepted on FIRST READING. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sensing, Ray, Wilson, Fletcher, Williamson, l Keet"n and Twitty voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED
ON FIRST READING.
Alderman Smith moved, seconded by Alderman Lewis, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL.
Aldermen Knight, Smith, Lewis, Sensing, Ray, Wilson, Fletcher,
! Williamson, and Keaton voted AYE. NAY (0). Motion received nine
. (9) affirmative votes, (0) negative votes. MOTION CARRIED.
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Whereupon, City Attorney Robert E. Bamburg read the Ordinance for
the SECOND TIME.
Alderman Wilson moved, seconded by Alderman Sensing, to further
suspend the rules and place the srdinance on THIRD AND FINAL
READING. ROLL CALL: Aldermen Knight, Smith, L Sansing,
Ray, Wilson, Fletc Williamson, and Keaton voted AYE. NAY
0. Motion received nine (9) affirmative votes,(0) negative
votes. MOTION CARRIED. Whereupon, City Attorney Robert E.
Bamburg read the Ordinance for the THIRD AND FINAL TIME.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993
II 7:00 P.M. - 7:55 P.M.
Alderman Ray moved, seconded by Alderman Sensing that Ordinance
be APPROVED AND ADOPTED. ROLL CALL: Aldermen; Knight, Smith,
LeWis, Sensing, Pay, Wilson, Fletcher, Williamson, and Keaton
voted AYE. NAY 0. Motion received nine (9) affirmative
votes, (0) negative votes.
MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 988 THIS 7th DAY
OF JANUARY 1993.
STREET DEPARTMENT
PARKS & REC. DEPARTMENT
! SANITATION UPDATE; Pilot Recycling Program
Alderman Smith related that the success of the Pilot Recycling
Program along with the extended loan of the County truck has
placed the program on indefinite status. He further related that
� participation by the citizens is going well.
Alderman Smith pointed out the need fn purchase a truck for curb
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side pickup, adding that a suitable truck would cost approximate
ly $50,000.00.
Mayor Swaim related that it would take six (6) ta eight (8) weeks
to receive a custom design truck and asked the Council to consi-
1 der the item for the next agenda" He further related that due to
the cost, a City-wide Recycling Program would need to be phased
in over the next year and a half adding that a difficult coopera
tion area is targeted next to give an idea of balance in the
program, He said that the major cost in a co-mingled collection
program usually comes from needed manpower to sort as opposed to
a pre-sorted collection done by the citizens.
PLANNING COMMISSION:
GENERAL: SETTLEMENT OF THE HASTE HAuLERS LAW:yIT.
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CITY OF JACKSONVILLE, ARKANSAS
• REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993
7:00 P.M. - 7:55 P.M. ��
Mayor Swaim related that the judgment against the City of Jack
sonville is the result of incorrect wording, per court ruling, of
an Ordinance passed in the 1970's placing responsibility of a
franchise tax on independent waste haulers regarding the trash
collection of local businesses. He further related that WcC,
BFI, American Waste and Arkansas Waste are the companies involved
in the lawsuit" He stated that the amount of judgment handed
down by Judge Munson in 1987 including attorney fees is
$46,513.77
. Mayor Swaim related that $5,366^04 is in escrow to be used as
t with remaining balance f $40,647,73.
paym�n w 8 rema n ng a ance o He further
related that since the judgment was in December of 1992 that the
funds be drawn from the 1992 Contingency Fund with payment in
full.
Alderman Fletcher moved, seconded by Alderman Wilson to draw the
$40,647.73 from the 1992 Contingency Fund to be added with the
escrow amount of $5,866.04, a total of $46,513.77, to pay the
settlement of the Waste Haulers Lawsuit. MOTION CARRIED.
City Attorney Robert Bamburg related that Judge Munson ruled in
I fav"r of the City nf Jactsonville honever the decision was over
turned when an appeal was made to the Supreme Court by the indi-
vidual companies involved in the lawsuit. He stated that the
amount of damages was calculated by the Finance Department"
Mayor Swaim said that the Supreme Court ruled that a fee could be
charged but not on gross income.
City Attorney Bamburg related that after Judge Munson ruled in
favor of the City in 1987, the Supreme Court held the case for
almost a year before reversing the first ruling in favor of the
City. It was returned to Judge Munson for the assessment of
damages, where it was held for two years, during which time
period the City filed a motion for dismissal regarding the lengt-
hy time period involved.
APPOINTMENTS: PLANNING COMMISSION:
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• Mayor Swaim recommended that Ms. Connie Foster and Mr. Rudy Reid
be appointed to the Planning Commission and that Commissioner
Lester Piggee be re-appointed for three (3) year terms to expire
January 1, 1996.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
JANUARY 7, 1993
I 7:00 P.M. - 7:55 P"M"
Alderman Wilson moved, seconded by Alderman Knight to appoint Ms"
. Connie Foster and Mr. Rudy Reid and to re-appoint Commissioner
Piggee for three (3) year terms to expire January 1, 1996.
MOTION CARRIED
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ANNOUNCEMENTS: Alderman Reedie Ray related that the Council
would like to meet with all City employees Thursday, January 14,
1993 at 6:00 p.m. at City Hall, *1 Industrial Drive,
Mayor Swaim announced City Hall will be closed January 18, 1993
in observation of the birthday of Martin Luther King Jr.
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Mayor Swaim introduced Betty Anderson an Intern for ASH, who is
currently working on an update of the safety manual. Mayor Swaim
expressed appreciation for Ms. Anderson's hard work.
Ms" Anderson related that in the previous week the safety commit-
tee met and discussed the point system. She further related the
need to add two sections to the safety manual involving under
ground digging and electrical wiring. She stated there had been
opportunity to have Mr. George Reeder, from the Municipal League
review the manual. He said that the manual was good and suggested
I that the City Attorney review it for legal ramifications" She
said that after the manual is reworked a copy will be provided
to everyone"
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Ms. Anderson stated that she will provide Council with a written
hazard communications program under the ''Right To Know Act" which
instructs all government agencies to provide employees with a
hazardous chemicals list, along with a materials safety data
sheet.
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UPDATE: MARSHALL ROAD DRAINAGE PROJECT
City Engineer Duane Reel related that the drainage was channe-
lized down from behind Gregory to Marshall Road being phase two
and three of the three phase project; with Braden to Marshall
being the completed first phas He further related that tle
design criteria for the area along Willow Bend Apartments was for
a one in twenty-five year rain ditch and that it is not eccnomi
I tally feasible to over design. He related that a rain on Monday,
January 4, 1993 far exceeded the one in twenty-five year mark and
that the rain fell in a 45 minute time frame and measured a one -
in forty-five year rain expect.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
� JANUARY 7, 1993
7:00 P.M. - 7:55 P.M. i
1 City Engineer Reel related that taking the original design into
consideration, the height of the side walls 1/2' gaps between
blocks with re-enforced joints instead of weep holes were placed
in the second course of blocks on the side walls. He further
related that the failure occurred as a result of sealed cracks
from fine dirt particles and the unanticipated heavy rain fall"
He stated that the east side of the wall has been repaired and
when weather permits the repairs to the west wall will be com-
pleted. He pointed out that number one rock will he used to keep
soil particles from filling the weep holes which will be placed
24" from the bottom of the wall and that anchors will be used to
hold the west wall"
Alderman Fletcher expressed negative comments regarding the
workmanship, the manner in which construction efforts hindered
residents of the adjoining subdivision in daily traffic activity
and the appearance of the ditch.
City Engineer Reel stated that under his supervision City em-
ployees would be able to rectify the existing situation in a
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satisfactory manner.
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Alderman Fletcher inquired as to the feasibility of capping the
ditch.
City Engineer Reel related that such an endeavor would cost
$15O.00 per linear foot and would require a 16 foot clear span"
Mayor Swaim pointed out that if the ditch were capped it would
require inlets to handle the water running off the road.
RAILROAD OVERPASS HWY 161/FLOODING PROBLEM
� Alderman Ray posed the question regarding why there is no drai-
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nage at the underpass on Hwy 161.
Mayor Swaim related that complaints have been made to the Highway
• Department adding that it is an area where the City , has no juris-
diction and that construction by the City to improve drainage is
prohibited.
Alderman Wilson suggested that efforts be made to contact a
source at the Highway Department who could arrange the needed
repairs for proper drainage"
Alderman Keaton related that the problem was compounded by optic
1 fiber cables and that the Highway Department's jurisdiction
I stopped at the right of way where the drainage problem occurs.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
I JANUARY 7, 1993
7:00 P.M. - 7:55 P.M.
ONE CENT SALES TAX
Alderman Smith related that there has been some confusion over
the recension o+ the 5 Mill tax not being stated on the one cent
sales tax reminding Council that the Election Commission prohibi-
ted recension and increase being stated in the same heading,
ADJOURNMENT:
Alderman Smith moved, seconded by Alderman Wilson that the mee-
, ting adjourn at approximately 7:55 p.m. MOTION CARRIED.
Respectfully
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Lu1 M. Leona�d MAYOR
(
City Clerk-Treasurer
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