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96 NOV 07.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 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 November 7, 1996 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, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Twitty was unable to attend. PRESENT NINE (9), ABSENT (1). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Mayoral Assistants Michael Beeman and Mark Powers, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Coordinator Murice Green, Finance Director Paul Mushrush, Director of Economic and Community Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Wastewater Commission Chairman Mrs. Joan Zumwalt, Chamber of Commerce Director Mr. Mickey Anders Mrs. Judy Swaim, Mrs. D.D. Hibbs, other City employees, petitioners, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 17, 1996 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 October 3, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Animal Control Regular Monthly Report/October Alderman Sansing moved, seconded by Alderman Wilson to APPROVE the monthly Animal Control Report for October 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 591.00 SECURITY DEPOSITS..........................$ 175.00 TOTAL..................................... $ 766.00 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid: Smithwick Drainage Repairs Mayor Swaim voiced that the project was not on the 1996 drainage list but that it is one of major concern according to the City Engineer and should be done as soon as possible. He pointed out that the drainage ditch runs parallel to Marshall Rd. between the housing area and Smithwick apartments. He pointed out that the highest bid is $48,108.00 from MCV, INC and that the low bid is $21,648.00 from JEFCO Construction. City Engineer Reel said that pipe replacement is the major element in the project. Alderman Smith moved, seconded by Alderman Knight that the low bid from Jefco Construction Company in the amount of $21,648.00. MOTION CARRIED. (Council Consensus: Payment to be made from Street Drainage Funds Budget and prior year unexpended drainage funds.) DISCUSSION: James Street Drainage Mayor Swaim recognized City Engineer Reel to address the item of business. City Engineer Reel explained that during the excavation process of the ditch, unstable conditions were found with regard to establishing a stable foundation causing the cost of repair to escalate. He noted that the total change of project cost is $14,707.90. Mayor Swaim voiced that he felt the Council should be made aware of the difference in the projected cost and the actual cost. Alderman Knight moved, seconded by Alderman Smith to approve the $14,707.90 overrun for the James Street Drainage Project. MOTION CARRIED. City Engineer Reel said that this will complete the project. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. DEVIATION IN AGENDA: Mayor Swaim asked that an item regarding Hickory Street Repair be placed on the agenda for action. Alderman Wilson moved, seconded by Alderman Ray that Hickory Street Repairs be placed on the agenda for action. MOTION CARRIED. Mayor Swaim pointed out that the soil in the area of Hickory Street has been very unstable for many years and that curbs are affected with the settling of the street. He said that City Engineer Reel has decided that improvement to the street would be done best in filling in the unlevel areas. City Engineer Reel said that levels have been run on the curb explaining the intent of improvements. He related that 120 tons of asphalt to shem the street and that the contractor has advised that an additional 110 tons will be needed to finish the project. He said that the asphalt is about a $9,000.00 overrun over what was estimated. He said that replacement of radius curb, a handicap ramp and asphalt have driven improvement costs up. Mayor Swaim pointed out that the difference in the contract amount is $10,755.50, the total cost being $29,927.70. Alderman Wilson moved, seconded by Alderman Knight to APPROVE the Hickory Street Repairs amounting to $29,927.70. MOTION CARRIED. (Payment of project costs to be made from Street Funds.) PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. DISCUSSION: CATA Bus Service Mayor Swaim recognized Mr. Keith Jones who addressed the item regarding the CATA Bus Service. He said that the service is not working out the way it was planned and expressed the desire for input from the City Council regarding how to improve the service. He related that when bus service ended in 1987, there was a full bus adding that he is disappointed in the number, four to five people, to a high of maybe ten or eleven. He pointed out that it has not been determined just what will generate more use. Parking at shopping center lots is not an easy matter, that the bus parks on the street and people are inconvenienced in boarding and unloading. He said that signage may have hindered bus use as well as confusion with regard to routes. He noted that public input and surveys are planned in an effort to improve service. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Council input related that safety factors, route/time schedules and bus stop location signage are probably major factors in making the service work effectively. Mayor Swaim said that there may be room for a bus stop when some buildings are demolished, in the near future, on Municipal Drive. He pointed out that one cent sales tax funds were used to subsidize the bus service. Selling the product, advertising at public meetings etc. were mentioned by the Council as a means of informing the community. Mayor Swaim voiced that the he felt taxi and bus service are important to the community and encouraged public input with reference to both. Mr. Jones gave 375-0024 as a phone number for input regarding the CATA bus service for the City of Jacksonville. A public hearing November 12, 1996 at Mt. Pisgah Baptist Church and an event at the Jacksonville Elderly on November 18, 1996 was announced by Alderman Ray as a time when the general public could be made aware of the bus service. Mayor Swaim thanked Mr. Jones for attending the meeting. b. Request to Accept Bid: CDBG Peach Street Alderman Knight moved, seconded by Alderman Smith to accept the Peach Street CDBG project bid from McV Inc. in the amount of $13,289.19. MOTION CARRIED. (To be paid from CDBG funds) c. DISCUSSION: Wastewater Service Line Program Mayor Swaim introduced the Chairman of the Sewer Commission Mrs. Joan Zumwalt. She related that there was good news with regard to being able to help those who need assistance to repair service lines with low interest loans. She pointed out that a grant program seemed to be the best solution giving credit to the office of Mr. Sullivan for the financing endeavor. She related that the Wastewater Utility contributed $10,000.00 to the fund, CDBG $15,000.00 and two banking institutions in town, First Jacksonville Bank and Boatmen's, immediately agreed to participate in the program. Arkansas Federal Credit Union and Mercantile will be participating pending board action. She expressed a heartfelt thanks to the community banks for their support in the program. She further acknowledge credit for the endeavor belongs with Mr. Phil Sullivan for the grant program, which is actually less costly to the banking institutions. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Mayor Swaim pointed out that EPA has mandated that infiltration be stopped, tests have been done, a plan has been written and the lines have to be repaired, adding that the banks are giving back some of the money that the citizens have helped them earn. He said that creative thinking in the CDBG area has helped to provide the program as well as the Wastewater Utility and the local banking institutions. d. PRESENTATION: Burn permit Regulations Chief Ezell was recognized by Mayor Swaim. He passed to the Council an opinion, with regard to open burning, from the office of the Attorney General. He said there has been misunderstanding all over the state regarding the same which has come about due to a conflict between the present Arkansas Fire Prevention Code, which permits open burning when certain fire safety conditions are met, and the Arkansas Air Pollution Control Code, which prohibits all type of open burning in counties and cities where solid waste services are provided adding that the only exemptions is when certain conditions exist regarding ceremonial recreation, school bonfires, agricultural purposes, control fires for the forestry and wildlife management, control fires for on site land clearing, safety flares by certain companies, waste hydrocarbon products from oil exploration or pipeline breaks in isolated areas, weed abatement or elimination of a fire hazard by authorized public officials, on site clean up from transportation accidents, any material not specifically prohibited under the regulation. He related that the Air Pollution Control Code has been determined to supersede the Fire Prevention Code in the area and operates to prohibit the issuance of a burn permit for non-residential open burning and further prohibits cities and counties from issuing permits for on site open burning by residents in those cities and counties which provide a readily available collection service unless one of the exemptions applies. He related that the City of Jacksonville does provide this service, pointing out recent articles that appeared in the papers informing citizens that open burning is against State and Air Pollution Control laws. He related that the Jacksonville Fire Department has issued a disclaimer along with permits, advising they obtain a permit from the Department of Pollution Control, who does not issue permits and states that situation are either exempted or not. He related that along with Little Rock and North Little Rock fire officials are struggling to achieve clarification regarding land clearing. He related that Public Hearings are being held till the end of November regarding the re-drafting of regulations which will then be approved by the State Legislature. He stated that the opinion of the Attorney General is that open burning is against the law for any city to issue a burn permit when you have a waste collection. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. He related that under the Fire Prevention Code this leaves the Fire Department in a precarious position regarding the issuance of permits and the appearance of double standards. He said that if an individual is cited by Pollution Control after being issued a burn permit, it would create a false sense of security, raising questions regarding liability. He related that until matters can be resolved, the Fire Department has suspended the issuance of burn permits. Discussion ensued regarding enforcement of the State Law and the authority granted to the Department of Pollution Control who can cite "on spot" for open burning. Chief Ezell related that Jacksonville has been visited in the past, adding that Pollution Control has a very limited number of investigators, and that cities need to be aware that they are prohibited from issuing permits according to State law. Chief Ezell added that when complaints are received the Fire Department addresses the safety factor and directs pollution concerns to the Department of Pollution Control. Chief Hibbs related that the Police Department has issued citations for opening burning without permits. City Attorney Bamburg pointed out that conflict in State law sometimes occurs, adding that when the state burn law changed the Fire Department changed their permits to include a disclaimer which stated that the Fire Department will only address the fire safety aspect of open burning. He related that prohibition of open burning from the Pollution Control Department addresses air pollution concerns. He related that Jacksonville could take a moratorium involving the issuance of burn permits until the State addresses these issues at their next session, pointing out that otherwise a more permanent approach would require repealing the ordinance allowing the issuance of burn permits. Alderman Fletcher expressed concern regarding open burning on construction sites, adding that Jacksonville is scrutinized more closely because of recent years involving Vertac. Alderman Wilson suggested working with Municipal League regarding passage of a law by State legislature which carries common logic with reference to the open burning. e. ORDINANCE 1069 (#18-96) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF PURCHASING COMPUTER HARDWARE, SOFTWARE, AND SUPPORT SERVICES FOR USE BY THE POLICE DEPARTMENT AND MUNICIPAL COURT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Chief Hibbs requested that competitive bidding be waived and the Police Department be allowed to purchase an IBM AS400 computer system with a 6GB hard drive, 24 RAM, and eight millimeter tape drive. He related that this unit is compatible with existing hardware. He related that purchase price is the lowest bid from three computer companies compared, and that the price includes delivery and installation. Mayor Swaim related that historically the Police Department has used second hand main frame systems, adding that in the current technology age this is no longer feasible. He pointed out that the Police Department needs a modern system to enhance the new P.C.'s purchased over the last few years, which in essence is to protect the investment in existing hardware. He related that in the future the Police Department will be considering connecting software for Police and Courts, adding that the Court fund will purchase the software. He stated that both the IBM system and connecting software are budgeted items for request. Alderman Wilson moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Keaton, Williamson, Fletcher, Wilson, Ray, Sansing, Lewis, Smith, and Knight voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. 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, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Alderman Wilson moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Smith moved, seconded by Alderman Sansing, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. and Keaton, voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Williamson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray, that the EMERGENCY CLAUSE be attached to Ordinance 1069. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, 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 1069 THIS THE 7th DAY OF NOVEMBER 1996. f. ORDINANCE 1070 (#19-96) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS FOR THE PURCHASE OF AND 800 MHZ TRUNKED RADIO COMMUNICATIONS SYSTEM (EQUIPMENT, SOFTWARE, AND SUPPORT SERVICES) FOR THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that work has been in progress to get a new communications system for public safety and our public works departments. He related that the City Council had given permission to negotiate a price for the equipment. He voiced that Little Rock, North Little Rock, Sherwood and Conway along with Jacksonville desire to purchase the same type of equipment for communication compatibility. He related that several years ago Jacksonville was offered the opportunity to be attached with the Little Rock communications system, adding that at the time more funds set aside were needed to offset cost. Mayor Swaim pointed out that during a recent drill the one complaint heard over again was the lack of ability for different agencies to communicate back and forth. Alderman Williamson expressed his support for moving ahead with the purchase of a communications system. Mayor Swaim acknowledged efforts by Aldermen Williamson and Keaton the representatives on the Council for the Fire Department, citing the hard work and technical language research done by both aldermen. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Alderman Knight moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Williamson to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Mayor Swaim clarified that the equipment was chosen for compatibility, price and terms. He related that three years prior, the lowest purchase bid for a compatible system was estimated at 1.9 million, adding that by waiting and through careful negotiating the current bid offer is 1.3 million. Funds have been set aside in the Equipment Fund, Capital Improvement Fund and the Drainage Fund to be used for specific projects. He related that five hundred thousand dollars has been saved toward the purchase of the communication system calling for the difference from the one cent sales tax. He related that a communication building is under construction and will be funded from 135 thousand dollar 911 Funds which will completely pay for the project saving the City from entering into a bond issue or taxing the citizens. Alderman Knight commented on the Mayor's excellent administration progress on behalf of all citizens of Jacksonville. She acknowledged Mayor Swaims's long work hours and efforts to bring the City forward without asking the citizens to pay for those advancements. She thanked Aldermen Williamson and Keaton for their help on the committee. Alderman Wilson moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Fletcher moved, seconded by Alderman Keaton to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Alderman Fletcher moved, seconded by Alderman Sansing, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Wilson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Williamson, that the EMERGENCY CLAUSE be attached to Ordinance 1070. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, 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 1070 THIS THE 7th DAY OF NOVEMBER 1996. Mayor Swaim pointed out that improved warranties have been negotiated as well as a guarantee to provide replacement parts for an extended period of time. Discussion ensued as to training which will be covered in the agreement and that additional radios can be purchased for one year at the same purchase price. Mayor Swaim related that the Water and Wastewater Departments will join the system and fund their share of the project. He said that the system will provide five talk channels with eighty radios per channel which will accommodate a 5 year growth. APPOINTMENTS: ANNOUNCEMENTS: City Hall will be closed November 11th in celebration of Veterans Day. CDBG Public Hearing November 21st at 7:30 P.M. Mayor Swaim related that the "public meetings" scheduled for CDBG will be hosted more as public focus groups adding that Mr. Phil Sullivan and his staff will involve the community with regard to expenditures of CDBG Funds on specific projects. He related that two meetings are scheduled for November 12, 7:30 P.M. at Mt. Pisgah Baptist Church and November 18, 7:00 P.M. at the Elderly's Activity CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 7, 1996 7:00 P.M. - 8:30 P.M. Center followed by a public hearing November 21, 7:30 P.M. in the City Council chamber. He related that the Federal Government is making changes which will change the CDBG program. He stated that considerations regarding recapture of funds, involving the housing loan program, which will extend the life of the program. He related that HUD is excited about the combined CDBG and Economic Development Departments which follows a trend set by some of the larger cities. He encouraged City Council involvement. Mr. Phil Sullivan acknowledged participation by Aldermen Lewis and Sansing regarding the focus meetings. He explained how entitlement cities receive funds and noted that while the available funds have not risen the number of entitlement cities have, which he pointed out decreases the average amount received previously. He stated that the community will need to make decisions involving necessary changes which will enhance the longevity of the program. He invited interested parties to join the focus meetings. Chief Hibbs reminded the City Council of a public meeting to be held at the Police Department November 11th, regarding the Bureau of Justice and distribution of funds. Mayor Swaim related that the Police Department has received a grant in the amount of $46,000.00 with the City's matching share being $5,500.00. He said that some of the funds will be used to improve the DARE program and school resource officers. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:30 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer