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99 MAY 20.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 1999 7:00 P.M. - 7:25 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 May 20, 1999 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: Elliott, Smith, Gentry, Ray, Wilson, Williamson, Twitty and Howard answered ROLL CALL. Alderman Lewis arrived at approximately 7:03 p.m. and Alderman Fletcher arrived at approximately 7:12 p.m. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, City Engineer Duane Reel, Purchasing Agent C.J. Brown, Police Chief Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mr. Terry Sansing, OECD Administrative Assistant Gerri Prince, Parks and Recreation Chairman John Fortenbury, Wastewater Utility Manager Dick VanPelt, Jacksonville Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of 6 May 1999 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 15 April 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Smith moved, seconded by Alderman Elliott to APPROVE the monthly Report for April 1999 of the Jacksonville Fire Department. Said Report reflects a fire loss of $42,000.00 and a Savings Total of $170,000.00. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Smith moved, seconded by Alderman Elliott that the Regular Monthly Report for April of the Jacksonville Police Department be APPROVED. Said report reflects; Report Sales $252.75 making TOTAL CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. COLLECTIONS: Not Listed. ASSESSED: Not Listed. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Presentation of the 1999 Asphalt Overlay Program Mayor Swaim related that the original proposal came in over budget at sixty-thousand dollars and was re-assessed, adding that it is budgeted with exact funds. In response to a question posed by Alderman Wilson, City Engineer Reel related that the City was divided into segments for the contractors benefit. Mayor Swaim related that the bid is being advertised and it is hoped the work will be completed by early summer. PARKS & RECREATION DEPARTMENT: DISCUSSION for the Martin Street Pool repair ORDINANCE 1122 (#8-99) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING REPAIRS FOR THE POOL AT THE MARTIN STREET PARKS AND RECREATION FACILITY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the pool has required annual repairs, and this year the Commission and staff have made efforts to permanently solve the problem. He related that a proposal close to bid specifications was over ninety-thousand dollars. He related that next year the pool will need to be permanently repaired and that while repair costs are high it is not as significant as total pool replacement cost. Mr. George Biggs related that because of the fiberglass covering the integrity of the structure is interminable. He related that minimal repairs are proposed for the current year, adding that at the conclusion of the season the fiberglass lining will be removed so that permanent repairs can be determined. He related that permanent repairs would involve a correct fiberglass lining or plaster. He related that in order to meet the scheduled season opening temporary repair cost is $14,051.00 and will be performed by Cabot Industries. He said that a gel coat without painting has been proposed which will help in meeting the opening date. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 1999 7:00 P.M. - 7:25 P.M. stated that without knowing the integrity of the structure the Commission did not want to propose expenditure of ninety-thousand dollars at this time. Mayor Swaim related that to help meet with the season schedule an ordinance waiving competitive bidding has been prepared. He related that bids for permanent repairs did not come to fruition. Alderman Smith moved, seconded by Alderman Williamson to suspend the rules and place Ordinance 1122 on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. Motion received nine (9) affirmative votes, (0) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of Ordinance 1122 in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine, (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Wilson to ACCEPT Ordinance 1122 on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Gentry to place Ordinance 1122 on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard 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 Gentry moved, seconded by Alderman Williamson that Ordinance 1122 be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance 1122 read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Lewis moved, seconded by Alderman Wilson that Ordinance 1122 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 1999 7:00 P.M. - 7:25 P.M. Alderman Smith moved, seconded by Alderman Gentry that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1122 THIS THE 20th DAY MAY 1999. PLANNING COMMISSION: GENERAL: a. RESOLUTION 519 (#6-99) A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, TO AUTHORIZE AND/OR EXECUTE MODIFICATIONS AND/OR CONTRACTS WITH ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Elliott to read Resolution 519. MOTION CARRIED. Whereas City Attorney Bamburg read Resolution 519 (#6-99). Alderman Ray moved, seconded by Alderman Wilson to dispense with reading the Resolution 519 (#6-99) in its entirety. MOTION CARRIED. Mayor Swaim related that Resolution 519 is a housekeeping measure, pointing out the Arkansas Department of Pollution Control and Ecology (ADPC & E) became Arkansas Department of Environmental Quality (ADEQ), and continuing authorization for the Mayor to sign contracts. Alderman Elliott moved, seconded by Alderman Gentry to approve Resolution 519 (#6-99). MOTION CARRIED. b. RESOLUTION 520 (#7-99) A RESOLUTION EXPRESSING SUPPORT AND ACCEPTANCE OF THE LOCATION OF THE PROPOSED CLASS I LANDFILL EXPANSION AREA BY WASTE MANAGEMENT, INC.; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Gentry to read Resolution 520. Discussion ensued as to the time factor extension regarding the expansion. Mr. Mayor said that it is hoped to be extended ten to twenty years, however, projections regarding volume would affect CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 1999 7:00 P.M. - 7:25 P.M. that time factor. He related that the Resolution states that Jacksonville is the area to have jurisdiction, adding that the request will be issued a certificate of need by Solid Waste Board following by a public hearing and approval from ADEQ. Mayor Swaim related that the main interest of the City is to be fortunate enough to have a landfill maintained as well as Two Pine, adding that other alternatives would cost the City additional time and funds. He stated that Jacksonville has enjoyed a little better negotiated price with the current landfill. Discussion ensued and it was related by Mayor Swaim that the expansion would not interfere with the proposed North Belt Loop. He then related that the perimeter is set by the road and all rights-of way have been defined. He said that the early stages of the landfill will begin below ground level, adding that once it is above the level of the roadway visibility will lessen. He pointed out that State law requires all garbage to be covered nightly. At this time MOTION CARRIED. City Attorney Bamburg read Resolution 520 (#7-99). Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Resolution 520 (#7-99) in its entirety. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to approve Resolution 520 (#7-99). MOTION CARRIED. Mayor Swaim related that there will be opportunity during the process for public input at the public hearings held by ADEQ. Discussion ensued as to projected numbers for the expansion. Mr. Mayor related that solid waste districts hold significant authority regarding the "certificate of need" prior to process by ADEQ. GREEN ORDINANCE Alderman Fletcher voiced support for the creation of a green ordinance comparable to the one implemented by the City of Little Rock. Discussion ensued as to industrial areas and the amount of trees in areas that do not contain development. It was noted that a future green ordinance would be recommended by the Planning Commission. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 1999 7:00 P.M. - 7:25 P.M. In response to a comment from Alderman Fletcher, City Attorney Bamburg related that currently the City of Little Rock is revising their green ordinance, adding that as soon as it is available he will obtain a draft copy for the Planning Commission to consider. PARK VIOLENCE In response to a question posed by Alderman Ray, Mr. George Biggs related that efforts regarding Police patrol of the Parks have been increased. Mayor Swaim related that this is a problem that has arisen and will be given special consideration to keep the Parks safe. APPOINTMENTS: ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:25 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer