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95 FEB 16.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 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 February 16, 1995 at the regular meeting place of the Council. Alderman Ray delivered the invocation after which Mr. John Blenkenship, an Eagle Scout, introduced by 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, Keaton and Twitty answered ROLL CALL. Alderman Fletcher arrived at approximately 7:03 p.m. Present ten (10). Absent (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were: Mayoral Aide Michael Beeman, Mayor's Secretary Bertha Tipton, City Attorney Robert E. Bamburg, City Engineer Duane Reel, Public Works Director Skip Spears, Economic Development Director Phil Sullivan, Police Chief Larry Hibbs, Asstistant Fire Chief Bill Baldridge, Park and Rec Director Zack Rowan, CDBG Director Tony Ply, Mrs. Judy Swaim, Mrs. Marshall Smith, Mrs. Terry Sansing, Park and Rec Commissioner Robert Stroud, 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 February 2, 1995 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of January 9, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL: REGULAR MONTHLY REPORT/JANUARY 1995 Alderman Knight moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for the month of January 1995. Report reflects the following: CONTRIBUTIONS............................$ 0.00 ADOPTION/FINES...........................$ 298.50 SECURITY DEPOSITS........................$ 225.00 TOTAL....................................$ 512.50 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. MOTION CARRIED. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/JANUARY 1995 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report of the Jacksonville Police Department for the month of JANUARY be APPROVED. (Said report reflects: Computer Collections, $62,021.12, Miscellaneous Payments $650.00, Report Copies $315.00 for a total Collections of $62,986.12. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/JANUARY 1995 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report for the month of JANUARY 1995, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $117,250.00) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY 0. MOTION CARRIED. CDBG DEPARTMENT: REGULAR MONTHLY REPORT/JANUARY 1995 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report for January 1995, of the Community Development Department be approved. Said report reflects: Informal Meetings .......................................1 Public Hearings .........................................0 a. Letters to prospective applicants.....................0 b. Applications received.................................0 c. Bids Advertised.......................................0 d. Work write-ups & estimates............................0 e. Pre-constructions conferences.........................0 f. Appraisals & Environmental reviews....................0 g. Interim Inspections...................................15 h. Final Inspections.....................................1 i. Emergency Inspection..................................0 j. Partial Payments......................................1 k. Project Closeout......................................0 l. Warranty Repairs......................................4 m. Rehab mortgage released................................1 n. Employee Interviews...................................2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. Public Works: a. Bids Received.........................................0 b. Interim Inspections...................................10 c. HUD Workshops.........................................0 d. Project Close-out.....................................0 e. Contract Awarded......................................0 ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. Mr. Ply pointed out that Phase VI of the Sunnyside Water Reconstruction Project was 92% complete in December and that it was 96% complete in January noting a computer error called to his attention by Alderman Sansing. Mayor Swaim pointed out that Police Chief Hibbs has related that the new K-nine, ICO, has arrived for use by the Police Department. He also related that Public Works Director Skip Spears has reported that the Keaton Addition is now included in the curbside recycling program. WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid: Two (2) Tractors Mayor Swaim pointed out that the Public Works Director, the City Engineer, and the Purchasing Agent reviewed the bids. He related that the low bid did not meet specifications pointing out that the second low bid of $19,062.73 from Capital Ford is recommended by the City. Alderman Wilson moved, seconded by Alderman Smith that the bid made by Capital Ford in the amount of $19,062.73 be ACCEPTED. MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. PLANNING COMMISSION: GENERAL: ORDINANCE 1039 (#3-95) Amending Various Sections of the Jacksonville Municipal Code Mayor Swaim and City Attorney related that the Ordinance is a housekeeping measure in that state law, the policy manual and the personnel manual take precedence over the outdated code. AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SECTIONS 1.02, 2.16, 3.24, 9.20, 10.08, 10.12, AND 10.14 TO RECTIFY OUT OF DATE INFORMATION AND PROVISIONS CONTAINED IN SAID CODE SECTIONS; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Smith, 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 Sansing, to 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. Alderman Smith 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. ORDINANCE ACCEPTED ON FIRST READING. Alderman Sansing moved, seconded by Alderman Ray 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 Bamburg read the Ordinance for the SECOND TIME. Alderman Lewis moved, seconded by Alderman Ray, that the Ordinance be placed 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) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Sansing moved, seconded by Alderman Lewis, 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 1039 THIS 16TH DAY OF JANUARY 1995. Mayor Swaim pointed out that State Law permits an ordinance to be passed in the manner used by the Council in passing Ord. 1039. DEVIATION IN AGENDA: Mayor Swaim requested that an item regarding the extension of Industrial Drive be placed on the agenda. He related that to accomplish the project a Resolution should be passed. He pointed out that negotiations with a property owner, the railroad and the Air Force have been underway mentioning also acceptance of a low bid to complete Industrial Drive. He said that the railroad has given their final price to complete the crossing. He requested that the item regarding completion of Industrial Drive be placed on the agenda. Alderman Wilson moved, seconded by Alderman Fletcher to place Resolution 477 regarding funding for the completion of Industrial Drive on the agenda. MOTION CARRIED. Mayor Swaim pointed out that the price of construction, which will be done by the railroad company and to their specifications, will be $48,123.00. He related that the amount has been confirmed with the Finance Director that the money is available in uncommitted Street Department funds. In answer to a question by Alderman Keaton, Mayor Swaim said that the right of way has been appraised, that an agreement has been written but has not yet been signed. City Attorney Bamburg related that he has been informed that the document will be signed after some specific plans prepared by the City Engineer are provided. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. Mayor Swaim said that the City Engineer has authorized the contractor to begin work on the project but that the weather has not been cooperative. Mr. Reel explained that the contractor for the project is finishing a parking project at Johnson Park at this time and will move to the property already owned by the City and begin work on the Industrial Drive project. he said that the stakes for rights of way, sewer lines etc. would then be set so Mr. Goodsell and his son can view the proposed street. mr. Reel added that plans for the layout of the street have been available for some time. Mayor Swaim said that the land was offered free and then there was a request for some utility work to be done. He added that the City did not agree to the request relating also that an appraisal to determine the value of the property has been made which is less than the cost of the utility work requested. Alderman Smith moved, seconded by Alderman Ray to read Resolution 477 (#1-95). MOTION CARRIED. A RESOLUTION AUTHORIZING APPROVAL BY THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, OF AN AGREEMENT CREATING A NEW PUBLIC RAILWAY CROSSING ON INDUSTRIAL DRIVE; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Sansing to approve Resolution 477 (#1-95) regarding funding for the completion of Industrial Drive. b. DISCUSSION: Public Works Department Employees Mayor Swaim recognized Alderman Lewis who sponsored the item. Mr. Charlie Bocksnick acted as spokesman for the group. He voiced that the request before the City Council is that consideration be given for payroll deductions regarding union dues be granted. He noted that the Police and Firemen have the deduction. Mayor Swaim stated that he authorized the request to union representatives adding that he explained to them that the does not recognized either union as negotiating body with regard to the City Council. He added that an FOI request of February 6, 1995, which took twelve hours of Mr. Beemans time, has not been picked up to date. He said that he feels that to be a form of harassment. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. Alderman Ray voiced that he advised the representatives to go through proper channels to obtain information adding that he conveyed to him that he did not feel the City Council would be favorable toward the union. DEVIATION IN AGENDA: ASBESTOS CLEAN-UP Alderman Keaton voiced that he contacted EPA and that their quality engineer related that their regulation was that it could be bagged, tagged, and disposed of in the landfill as long as location of disposal was properly documented. He said that he was cautioned by the engineer that OSHA requirements have changed considerably regarding air quality and personal safety, displaying a number of books he was given. He said that his conclusion of the matter is that the cost quote of approximately $3,400.00 was not an absorbent amount. He related that safety training for persons handling asbestos is the critical part adding that each employee would have to be trained by one who has been qualified through certification by proper authorities. He suggested that if demolition is pursued, a person who is already qualified should be used. The item was suggested to be placed on the next City Council Agenda. POLICE DEPARTMENT: New Officers under "Cops Fast Program" Mayor Swaim related that funding for six new policemen was requested and funding for two was received. he said that if in fact the funding comes through, the City may possibly receive funding for the other four next year without submission of another application. He said that if funding is changed to Block Grant Funds, funding for the other four officers will not be available. APPOINTMENTS: RE-APPOINTMENT OF MR. LARRY BALDWIN TO BOARD OF ADJUSTMENT Alderman Smith moved, seconded by Alderman Knight that Mr. Larry Baldwin be re-appointed as a Board of Adjustment Commissioner for a term to expire February 5, 1998. MOTION CARRIED. ANNOUNCEMENTS: FEBRUARY 20, 1995 IN CELEBRATION OF PRESIDENT'S DAY / CITY HALL WILL BE CLOSED CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING FEBRUARY 16, 1995 7:00 P.M. - 7:30 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:35 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer