93 Dec 16 1 6to
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. - 7:35 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 December 16, 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.
ROLL CALL: Aldermen Knight, Smith, Lewis, Sansing, Ray, Wilson,
Williamson, Keaton and Twitty answered ROLL CALL. PRESENT NINE
(9), ABSENT ONE (1). Alderman Fletcher was absent. Mayor Swaim
also answered ROLL CALL and declared a quorum.
Others present for the City Council meeting: City Attorney Robert
E. Bamburg, Deputy City Clerk Susan Goings, Mayoral Aide Michael
Beeman, Asst. to the Mayor Betty Anderson, City Engineer Duane
Reel, Public Works Coordinator Skip Spears Finance Director Paul
Mushrush, CDBG Director Tony Ply, Fire Chief Rick Ezell, Police
Chief Don Tate, Parks and Recreation Director Annabelle Davis,
Chairman of the Board of Adjustment Art Brannen, Community
Development Director Phil Sullivan, 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 2, 1993 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 November 18, 1993 Regular City Council Meeting be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: a. ANIMAL CONTROL Regular Monthly Report /November
1993 b. FIRE DEPARTMENT Regular Monthly Report /November 1993 c.
CDBG Regular Monthly Report /November 1993 d. MUNICIPAL COURT
Regular Monthly Report /November 1993
ANIMAL CONTROL DEPARTMENT: NOVEMBER 1993
Alderman Wilson moved, seconded by Alderman Ray to APPROVE the
monthly Animal Control Report for the month of November, 1993.
Report reflects the following: CONTRIBUTIONS $ 25.00,
ADOPTION /FINES $ 551.00, SECURITY DEPOSITS $ 150.00, TOTAL
$ 726.00. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing,
Wilson, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. 7:35 P.M.
FIRE DEPARTMENT: NOVEMBER 1993
Alderman Wilson moved, seconded by Alderman Ray that the Regular
Monthly Report for November, of the Jacksonville Fire Department be
APPROVED. Said report reflects an estimated fire loss of $
32,525.00 for the month of November. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and
Twitty voted AYE. NAY 0. MOTION CARRIED.
COMMUNITY DEVELOPMENT: NOVEMBER 1993
Alderman Wilson moved, seconded by Alderman Ray that the Regular
Monthly Report of the CDBG Department be APPROVED. Said report
reflects the following for November. Informational meetings 2,
REHAB: Letters to prospective applicants 4, Application received
4, Work write -ups 2, Pre- construction conference 0, Interim
inspections 28, Final inspections 4, Partial Payments 0, Project
close -outs 4. PUBLIC WORKS: Bids Received 1, Interim Inspections
6, HUD Workshops 0. ROLL CALL:
P Alderman Knight, Smith, Lewis,
Sansing, Ray, Wilson, Williamson, Keaton and Twitty. MOTION
CARRIED.
I MUNICIPAL COURT: NOVEMBER 1993
Alderman Wilson moved, seconded by Alderman Ray that the Regular
Monthly Report for November 1993 be APPROVED.
Said report reflects:
Cases month ending October 1993, 112
Cases added in Month of November 1993, 13
Probations completed, Month ending Nov. 30, 1993 8
Total cases as of November 30, 1993 117
Number of Juveniles on Probation 0
Types of Cases Referred, Month of November 1993
Possession of Controlled Substance 2
Criminal Trespass 1
Fleeing 2
Minor In Possession of Intoxicants 1
Public Intoxication 2
Theft By Receiving 2
Theft of Property 3
Unauthorized Use of A Vehicle 1
� Number of offenses may exceed the number of cases referred because
of multiple convictions of some defendants. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. - 7:35 P.M.
WATER DEPARTMENT:
SEWER DEPARTMENT:
FIRE DEPARTMENT: Request to Accept Bids: Ref: Rescue Truck
Mayor Swaim related that funds have been set aside from the
Ambulance Membership fund to purchase a Rescue Truck for the Fire
Department.
Alderman Williamson related that he and Fire Chief Rick Ezell had
just returned from Sioux Falls, looking over the facilities that
would build the rescue truck and found the operation and its
service to be of top quality.
Chief Ezell reiterated that it is a quality unit that will serve
the proposed purposes of the Fire Department. He related that the
original bid was for a transmission other than the new "World
Transmission" which is the current transmission recommendation for
a unit with the size and nature of a rescue truck. He said that
the rescue unit he and Alderman Williamson viewed featured 1500
watt telescoping lights powered by the generator within the unit.
He added that such a feature would have been helpful in the Haz -Mat
incident that occurred on Redmond Road. He requested deviation in
the bid to include the New World Transmission and two telescoping
lights. He stated that the additional cost for the transmission
would be $1,000.00 and that the telescoping lights were priced at
$395.00 each.
Mayor Swaim related that the low bid was the recommended bidder
with an additional cost for the transmission and the lights.
Alderman Smith moved, seconded by Alderman Williamson to Accept the
low bid from Casco of Arkansas for $101,992.00 plus $1,000.00 for
the New World Transmission and $395.00 each for two telescoping
lights. MOTION CARRIED.
POLICE DEPARTMENT:
STREET DEPARTMENT: City Warehouse Expansion Bid
Pubic Works Coordinator Skip Spears related that currently the City
Garage has only one bay area big enough to accommodate a large
vehicle such as a garbage truck. He related that consequently, once
a vehicle is torn down in the bay awaiting parts, any other large
vehicle needing repairs has to be worked on outside which creates
problems with regard to the use of any power tool equipment needed
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. 7:35 P.M.
to aid in repairs. He related that with the addition of another
bay adjacent to the existing one, the garage could accommodate two
large vehicles at one time plus help solve the problem of
additional needed storage for some of the work equipment and
allow employees to perform a better job with servicing of vehicles
in an indoor situation. He stated that the new bay area will be 25
x 50 feet.
Alderman Knight moved, seconded by Alderman Keaton to Accept the
low bid from K & E Construction for $27,675.00 with funds to be
drawn from Capital Improvement. MOTION CARRIED.
Information: Improvements /Animal Control Department
Mayor Swaim related that bids received on the improvements for the
Animal Control building are being review by City Engineer Reel and
Public Works Coordinator Skip Spears. He further related the cost
of improvements to be excessive of the estimate noting there is
some difficulty with where and how the building is located. He
further related the feasibility of looking at different options
with regard to the situation.
Alderman Wilson inquired as to the type of improvements currently
being considered.
Mayor Swaim related that current space is inadequate and awkward
for customers wishing to adopt an animal or to pay a fine. He
stated that they almost have to stand in the hall way to conduct
business. He related the need for additional animal storage space
due to the fact that the adoption rate has improved increasing the
need and that it would help with the holding large number of
animals to be euthanized. He pointed out that it may be more
feasible to build a new facility in a different location rather
than make the costly improvements to the current one.
PARKS & RECREATION DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a. Request to Accept Bid on Janitorial Services.
Mayor Swaim related that the low bid from Bailey Enterprises meets
with all specifications and that references on the company have
been favorable. It was noted that the low bidder from last year
submitted the same bid as before with services provided twice a
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. - 7:35 P.M.
week. He stated that service from Mr. Rogers has been excellent
with no complaints. He pointed out the largest difference in bids
was with the Parks and Recreation building.
Alderman Knight moved, seconded by Alderman Wilson to Accept the
low bid for Janitorial Services from Bailey Enterprises of $345.06
monthly for the year 1994. MOTION CARRIED.
b. Discussion: Payment on "Treat Judge"
City Attorney Bamburg related that a judgement against the City was
entered in November involving an accident with a City Employee that
occurred in 1991. He related that the judgement is not a budgeted
item and with consideration to the nature of the case along with
the surrounding circumstances, his recommendation is to pay the
judgement of $3,185.00 plus the cost of an additional $100.00,
asking that the funds be taken from the Contingency Fund.
Alderman Knight moved, seconded by Alderman Keaton to pay from the
Contingency Fund the sum of $3,285.00 with regard to the judgement
against the City of Jacksonville in the "Treat Case ". MOTION
CARRIED.
c. Ordinance 1017 ( #30 -93) 1994 Budget
AN ORDINANCE ADOPTING A BUDGET FOR 1994; MAKING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF
CITY GOVERNMENT, FOR THE PURCHASE OF MATERIAL, SUPPLIES, EQUIPMENT,
AND SERVICES; DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES.
[COVERS; GENERAL FUND OPERATIONS, STREET DEPARTMENT, SANITATION
FUND, AND PARKS.]
Alderman Keaton moved, seconded by Alderman Wilson, that Ordinance
be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith,
Lewis, Sansing, Ray, Wilson, 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 Lewis to dispense with the
reading of the Ordinance in its entirety. ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Ray, Wilson, 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 Lewis, that
Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen:
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. 7:35 P.M.
Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and
Twitty voted AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON
FIRST READING.
Alderman Smith moved, seconded by Alderman Williamson to suspend
the rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson,
Keaton and Twitty voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
read the Ordinance for the SECOND TIME.
Alderman Lewis moved, seconded by Alderman Ray, to further suspend
the rules and place the Ordinance on THIRD AND FINAL READING. ROLL
CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson,
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 THIRD
AND FINAL TIME.
Alderman Wilson moved, seconded by Alderman Williamson, that
Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sansing, Ray, Wilson, 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 1017 THIS 16th DAY OF
DECEMBER 1993.
DEVIATION IN THE AGENDA:
Mayor Swaim related that some of the drainage projects committed in
1992 were completed in 1993. He related that encumbered funds
needed to be released for those projects adding that it is a carry
over which needs to be put into the correct budget year for
auditing purposes.
Alderman Wilson moved, seconded by Alderman Ray to dispense with
the rules and place the issue of 1992 drainage projects on the
agenda. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Knight to release the
encumbered funds for drainage projects committed in 1992 and
performed in 1993 from the Street Department Funds. MOTION
CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7 :00 P.M. 7:35 P.M.
UPDATE: CONDEMNATION OF MRS. HEAD'S PROPERTY AT 105 DENNIS LANE
City Attorney Bamburg related that the time for appeal ran out on
December 8, 1993. He related that on December the ninth he and Code
Enforcement Officer Wayne Cox visited with Mrs. Head to inform her
that a two bedroom apartment had been secured for her at Max Howell
Place, adding that with her income considerations she would most
likely only be responsible for the utilities. He related that Mrs.
Head chose not to accept the proposal and made it clear that she
does not intend to move from her current residence. He related
that upon explaining the circumstances surrounding the condemnation
order and its enforcement to Mrs. Head, she refused to acknowledge
the matter. He stated that the condemnation order is available for
crew scheduling and that the physical presence and movement of Mrs.
Head is of her own choice stating that once the property is free of
the hazardous conditions, aside from the lien, the property will be
at her disposal.
Alderman Knight expressed concerns over the physical presence of
Mrs. Head at the time of demolition.
City Attorney Bamburg related that she will be given 24 hours to
remove herself and personal items from the property, adding that it
is anticipated that she will choose not to do so. He related that
in such a case as that, police officers will be asked to accompany
City employees at the time of the demolition. He related that if
at that time she further refuses to vacate the housing structure,
she will incur criminal charges for disobeying police officers and
will be physically removed.
Alderman Ray related that he felt she will try to give the City a
black eye choosing to have the newspapers on the scene.
Mayor Swaim related the efforts by Alderman Ray to secure housing
for Mrs. Head during the months past, adding that fees were waived
by the Board of Adjustment granting Mrs. Head permission to place
a mobile home on the property, extending deadlines twice which she
failed to meet. He related that extensive efforts have been made
to find satisfactory housing for Mrs. Head and that she has chosen
to decline all offers made by the City of Jacksonville.
The consensus of the Council was to move forward with the
condemnation order.
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CITY OF JACKSONVILLE, ARKANSAS
I REGULAR CITY COUNCIL MEETING
DECEMBER 16, 1993
7:00 P.M. 7:35 P.M.
ANNOUNCEMENTS:
a. Ground Breaking Ceremony for the Community Center will be held
at 1:00 p.m. December 17, 1993 Outside City Hall.
b. City Hall /Open House Celebration from 1:00 p.m. to 4:00 p.m.
December 17, 1993.
Mayor Swaim related that five and fifteen year pins would be
awarded at open house. He said he would like the Department Heads
to present their employees with the service award pins.
c. City Hall will be closed December 23rd and 24th in observation
of the Christmas Holidays.
d. Mayor Swaim related that City Clerk Lu Leonard has the Code of
Ethics and Financial Statements Forms which need to be filed in the
clerks office no later than January 31, 1994.
In response to a question from Alderman Knight concerning the
Office Supply Contract, Mayor Swaim related that he wanted to give
Council the opportunity to review the bids adding that diligent
work has gone into promoting more bidders. He stated that this
contract contains a lot more bidders, adding that purchases from
local vendors will be encouraged whenever possible.
ADJOURNMENT
Mayor Swaim adjourned the meeting at approximately 7:35 p.m.
Respectfully,
4 1 (41 21-4/1-1A1 --d---------
Lula M. Leonard MAYO� /
City Clerk- Treasurer
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