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94 NOV 03.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 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 November 3, 1994 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, Fletcher, Williamson, Keaton and Twitty answered ROLL CALL. PRESENT NINE (9), ABSENT (1). Mayor Swaim also answered ROLL CALL and declared a quorum. Alderman Wilson was ill. Others present for the meeting were: Mayoral Aide Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Rona Scott of the Economic Development Department, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Code Enforcement Officer Wayne Cox, Park & Recreation Director Annabelle Davis, Board of Adjustment Chairman Art Brannen, Firemen Bill Plunk and Lanny Lehman of the Fire Department, other city employees, candidates for election Dilmer Trotter and Jim Moore, Mrs. Judy Swaim, Mrs. Deede Hibbs, and Mrs. Edith Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 20, 1994 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 October 6, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL: REGULAR MONTHLY REPORT/OCTOBER 1994 Alderman Smith moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for the month of October 1994. Report reflects the following: CONTRIBUTIONS............................. $ 00.00 ADOPTION/FINES ............................$ 881.50 SECURITY DEPOSITS..........................$ 275.00 TOTAL....................................... $1,156.50 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: Request to Accept Bid: Audio & Video Equipment Chief Hibbs stated that the bid items are in the equipment line item in the 1994 budget, that the video cameras are to be installed in the dash of the vehicles to record and be used for evidentiary purposes, keeping records of what occurs. He said that the equipment is an additional device and accepted by the courts. Alderman Knight moved, seconded by Alderman Sansing that the $8,448.00 bid from Radio Shack Phils Computer for Audio & Video Equipment be APPROVED. MOTION CARRIED. STREET DEPARTMENT: Drainage Update by City Engineer Reel City Engineer Reel presented pictures regarding drainage projects in various areas in the city as well as a written and verbal account of projects and project costs which are included as exhibit "A" of these minutes. Mayor Swaim pointed out that $423,000.00 has been spent in 1994 on drainage projects which does not include CDBG projects. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Update/Landfill Clean-up Program by Public Works Director Spears Mr. Spears informed the City Council that as of Monday city crews moved nine thousand cubic yards of dirt and hauled in one hundred truck loads of fill from off site because some of the dirt had been removed from off site. He said that 53 truck loads of mulch CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 P.M. has been taken to the site and that grass seeds have been sewn to aid in erosion control of the area. He noted that city employees spent 303 manhours on the job excluding the time spent by City Engineer Reel, Street Superintendent Bob Martin and himself. He related that the EPA has cleared the Rogers Landfill area of toxic waste and work has begun in filling in the drenches adding that the wells have been completed and DPC & E will begin water testing which will occur November 15th through December 15th. He stated that the final water testing and maintenance plan will be submitted to EPA early next week. He noted that additional dirt was needed on site at Rogers Landfill adding that the weather will continue to be a contributing factor. He stated that areas waiting to be filled will need EPA toxic waste clearance before work can be authorized. b. Request to Accept Bid for the Demolition of Condemned Houses. Mayor Swaim related that the delay with regard to the demolition has been the lack of interest from companies performing this type of excavating. He related that the bids included four houses addressed as 106 Roosevelt Circle, 171 Roosevelt Circle, 902 Church, and 1015 Ghoshen Street. He related that two other bids were not received by bid deadline leaving only one qualified bidder that being Rogers & Dillon Excavating, Inc. in the amount of $22,250.00 as a total price. He related that one of the reason the bid seems high is the additional cost in handling toxic materials that were used in construction of older homes. He related that the funds are available in the contingency fund adding that liens will be filed against the property in hopes of recouping some of the cost of demolition, should the property ever be sold. He related that a house located at 129 Union is in better shape than the other four homes and can be moved at a total cost of $750.00 to be funded from the contingency fund. Alderman Smith moved, seconded by Alderman Knight to Accept the low bid from Rogers & Dillon Excavating, Inc. in the amount of $22,250.00 and removal of the house at 129 Union at a cost of $750.00 with funding drawn from the contingency fund. MOTION CARRIED. Discussion ensued as to the abandonment laws along with what State law holds for cities with regard to delinquent taxes on property of this nature. c. Acceptance of a houses located on Smart Street. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 P.M. Mayor Swaim related that through Dilmer Trotter he was made aware of a house on Smart Street owned Mr. Pridmore who wants to give the house to the City of Jacksonville to be use however it feels necessary. He related that while the house is in good shape it will need a new roof along with various other repairs needed. He related that it is an all brick home estimating value to be $30,000.00. He requested permission from the Council to proceed with acquisition of the home. He stated that consideration in use of the house could be a incentive program for the police department, possibly offering the house to a patrol officer under agreement that the officer may do the repairs or the city could repair the house and offer it on a low rent or rent free basis if necessary. Alderman Keaton related that after viewing the house his estimation is that the house is very repairable and feels that it is something the City should move ahead with. Alderman Knight moved, seconded by Alderman Smith to authorize the Mayor and City Attorney to move forward with the acquisition of the home located a 121 Smart Street. MOTION CARRIED. d. Appeal/Bolden vs. City of Jacksonville City Attorney Bamburg related that after discussion and review of the case with Janette Hamilton, the attorney handling the case from Municipal League, it was suggested that appeal be a consideration. He stated that numerous legal points may merit an appeal adding that the analysis and reasoning that was used by Judge Erbom with regard to ruling and method of determination may not follow existing case law. He related that the cost of appeal would not be a consideration for the City, stating that because of the defense fund the cost would be covered by the Municipal League. He stated that this is a joint recommendation by himself and Municipal League attorneys that the City of Jacksonville appeal the case. He asked that because each of the Alderman as well as the Mayor and the Parks and Recreation Commission members are described as defendants that the City Council vote as to the determination of appeal. He then related that the same vote will be put before the Parks and Recreation Commission with appeal determined by majority rule. Alderman Fletcher moved, seconded by Alderman Sansing to APPROVE an appeal regarding the lawsuit Bolden vs the City of Jacksonville, to authorize the City Attorney to meet with the Parks & Recreation Commission for a separate vote, and to move forward with the appeal. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 P.M. APPOINTMENTS: The re-appointment of Mr. Jon France to the Residential Housing Facilities Board for a five (5) year term to expire 10/24/1999 as recommended by the Housing Facilities Board Mayor Swaim related that part of the money in the city treasury belongs to the Residential Housing Facilities Board. He stated that the City borrowed $450,000.00 to help with cost of the new community center without borrowing from bonds. He related that by the end of 1995 all funds will be re-paid with regard to the center. He said that the Board furnished the money to build the building at no cost to the tax payers, that they are not out front in the community but have been a great help to the City. He said that they passed a bond issue in 1978, authorized by the City Council at that time, to allow low interest loans to homebuyers in the City. Alderman Smith moved, seconded by Alderman Knight to approve the re-appointment of Jon France to the Residential Housing Facilities Board. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim made the following announcements: (1) ELECTION DAY NOVEMBER 8, 1994 (2) CITY HALL will be closed in observance of Veterans Day Friday, November 10, 1994. (3) CITY HALL WILL BE OPEN NOVEMBER 8, 1994 / ELECTION EVENING (4) NOVEMBER 10, 1994/ECONOMIC DEVELOPMENT MEETING/5 YR. PLAN 12:00 NOON AT HOLIDAY INN Alderman Williamson encouraged citizens to vote for the "Millage Increase" requested by the Firemen. Alderman Reedie Ray announced the "Christmas Bazaar" at Jacksonville Towers on Friday November 4, 1994. Alderman Sansing announced that Jacksonville Candidates named on the ballot for the upcoming election will be televised again on Public Access Channel 26 at 3:00 p.m. on Saturday 5, 1994. Alderman Smith clarified that the members of the City Council make $333.33 per month or $3,999.96 per year. Mayor Swaim announced that the budget is available to the public CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 3, 1994 7:00 P.M. - 7:45 P.M. at the Library for financial information. Alderman Knight requested an update regarding the Ferrell Addition and was deferred to Code Enforcement Officer Wayne Cox. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:45 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer