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00 JUN 15.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 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 June 15, 2000 at the regular meeting place of the Council. Alderman Fletcher delivered the invocation and the Mayor led the standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Finance Director Paul Mushrush, Purchasing Assistant Angela Blacklock, City Engineer Jay Whisker, CDBG Director Frank Rowland, CDBG Administrative Secretary Rhonda Johnson, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Parks and Recreation Administration Manager Patty Walker, Alderman-elect Robert Stroud, Mr. Terry Sansing, Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, Democrat-Gazette Reporter Larry Ault and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 4, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 18 May 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for May of the Jacksonville Police Department be APPROVED. Said report reflects; Total value of reported stolen Property $35,981.00, Total value of recovered stolen property $11,172.00, and Total Report Sales $376.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the Report for May of the Jacksonville Fire Department, which reflects a fire loss of $58,500.00, and a savings total of $20,000.00. REGULAR MONTHLY REPORT/COMMUNITY DEVELOPMENT Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for May, be approved. Said report reflects: PROGRAM INQUIRIES MAY YR-TO-DATE Rehab 0 6 Home 2 6 Sewer 1 7 HAG 0 6 Home Buying 7 26 HOMEBUYER ASSISTANCE GRANT (HAG) Applications 2 2 Approved 1 1 HOUSING REHAB APPLICATIONS Loan Applications (HOME) 2 4 Grant Applications (CDBG) 0 0 JOBS COMPLETED HOME Funded Rehabs 0 1 CDBG Grant Rehabs 0 3 CDBG Emergency Grants 0 5 CDBG Sewer Grants 0 3 City Sewer Loans 1 5 CDBG Handicap 0 0 Warranty Repairs 1 4 Total 21 HOME BLDG/BUYING/RECONSTRUCTION SALES Applications received 1 9 Single family housing construction starts 0 0 Homes built or re-constructed/completed 0 2 Mortgage Loan applications pending financing 0 4 Approved Mortgage loans for Home Sales 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. JBIP ACTIVITY Students enrolled in current classes 0 18 Number of sessions held 0 22 Correspondence to new business 3 19 Applications taken 0 21 Promotional presentations 3 25 Visits/Consultations with students 11 65 Student Grant/Loans 0 0 Graduates 14 14 Graduate business starts 1 3 PUBLIC IMPROVEMENTS Spring Street Reconstruction in for bids. Sage Street project completed and in review for canx. Galloway Park Equipment Bids are open. Excell Park Equipment in review. Johnson Park Equipment in review. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for May 2000. Report reflects the following: REVENUES……………………………………………$ 471.50 CONTRIBUTIONS………………………………$ .00 ADOPTIONS/FINES…………………………$ 471.50 TOTAL……………………………………………………$ 471.50 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. Mayor Swaim pointed out that information regarding the annual CAPER report from CDBG has been provided for Council review and announced that CDBG has a new employee. Director Frank Rowland introduced Ms. Rhonda Johnson who is charged with the home sales program and financial data. He then related that she will offer homebuyers assistance-training classes and encouraged attendance. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid/Dump Truck Alderman Ray moved, seconded by Alderman Williamson to accept the low bid from Sterling Truck in the amount of $46,423.00 with funds to be drawn from the Street Department Equipment Fund. Discussion ensued and Mayor Swaim related that the truck would replace an older vehicle used to spread salt and sand when necessary plus haul small dirt loads. He pointed out that the truck has a stake type bed with small metal sides enabling it to be used also as a small dump hauler. He then noted that it will be used in snow as the salt and sand truck. He stated that it is a five-ton diesel truck. At this time, MOTION CARRIED. b. Request to Accept Bid/Street Sign Materials Mayor Swaim related that the bid reflects unit prices, adding that the City is not committed to unit purchase but has secured the unit price. He related that while 3M was the only bidder the bid did reflect a savings regarding some items as compared to smaller purchases made in the past with other companies. Alderman Wilson moved, seconded by Alderman Smith to accept the low bid from 3M in the amount of $30,533.94. Mayor Swaim noted that funds will be drawn from a fund set-aside for street sign equipment. Discussion ensued as to the reflective material and background material used regarding new Federal mandated reflectivity laws for signage. It was noted that signage material would be ordered as needed and not stored. At this time, MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Request to Accept Bid/Office Supplies Mayor Swaim related that ninety of the most commonly used office supply items were bid resulting in Pettus Office Supply as the recommended low bidder. Alderman Smith moved, seconded by Alderman Gentry to accept the low bid from Pettus Office Supplies. MOTION CARRIED. Mayor Swaim noted that office supplies are purchased and charged separately through each department. b. ORDINANCE 1139 (#11-2000) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§ 10.22.010 AND 10.22.020; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Smith related that the Ordinance is intended to address commercial hauling truck over 1-ton, adding that recently those trucks have remained parked on City streets and residential areas longer than allowable. He related complaints regarding large truck parking and further mentioned the noise factor and the incompatibility for a residential area. Alderman Smith moved, seconded by Alderman Elliott that Ordinance 1139 be placed on FIRST READING with amendment under the WHEREAS paragraph and Section One, A to include the wording of “commercial hauling”. Discussion ensued and Alderman Smith moved, seconded by Alderman Elliott to include further amendment of Ordinance 1139 in Section One, A to strike the following a) the entire vehicle/trailer/equipme nt is hidden from public view from the street. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1139 be ACCEPTED on FIRST READING as amended. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. Discussion ensued and audience member Alderman-elect Stroud pointed out that the 24-hour time factor regarding permission to leave the vehicle parked may need to be clarified. City Attorney Bamburg stated that the time factor prohibits more than one hour parking without permission unless the vehicle is being loaded or unloaded. He pointed out that only with temporary parking permission from Code Enforcement could the vehicle remain more than twenty-four hours for purposes of special circumstance regarding construction. It was noted that this provision is intended to include moving vans. Alderman Elliott and Ray expressed concern for legal interpretation. Discussion ensued and it was clarified that the One-ton limit is intended to apply to any of the commercial hauling equipment including truck, trailer, equipment and/or cargo. Questions were raised by Police Chief Hibbs regarding school buses and Alderman Fletcher related concerns for special permission regarding construction equipment left overnight on site. City Attorney Bamburg clarified that construction equipment left over the allowable time period of actual work would require approval or verification through the Code Enforcement Department. Mayor Swaim pointed out that Code Enforcement would respond to complaints as received. Discussion ensued regarding different requirements from the various surrounding cities. It was pointed out that the Ordinance is intended to address situations regarding 18-wheel vehicles in residential areas. Concerns were voiced regarding opening a wider range. City Attorney Bamburg advised that the Ordinance not be limited to one specific nature of truck because of enforcement purposes. Issues of enforcement and tolerance regarding construction equipment were discussed and the need for a contractor to obtain special permission. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. Alderman Fletcher moved, seconded by Alderman Smith to further amend Ordinance 1139 in Section One A and strike the last sentence of “No such vehicle/trailer/equipment shall remain on a residential lot, street, or area more than twenty-four (24) hours unless: b) temporary permission has been granted by the Office of Code Enforcement because of special circumstances (construction, demolition, renovation, etc.)”. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Discussion ensued and Alderman Elliott moved, seconded by Alderman Smith to further amend paragraph one beginning with “WHEREAS,” and Section One A to include the terminology of “commercial hauling” before the words trucks, tractors and trailers. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Gentry to suspend the rules and place Ordinance 1139 as amended on SECOND READING. Alderman Ray moved to table Ordinance 1139 regarding clarification of reading. MOTION DIED FOR LACK OF A SECOND. City Attorney Bamburg read section A for clarification and it was determined that a school bus is considered to be a commercial hauling vehicle. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1139 as amended for the second time. Alderman Smith moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1139 as amended on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1139 as amended for the third and final time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 15, 2000 7:00 P.M. – 7:30 P.M. Alderman Fletcher moved, seconded by Alderman Gentry to APPROVE AND ADOPT Ordinance 1139 as amended. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1139 THIS THE 15th DAY OF JUNE 2000. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim related that the first Annual City Picnic was a success, adding that the Police Department has requested return of the softball trophy due to Park and Recreation substitutions on the Fire Department team along with washing of police cars. Park and Recreation is sponsoring a Fishing Derby Saturday for youth 15 years or under. Alderman Ray thanked Parks and Recreation for their support in the re-opening of the Boys and Girls Club. Mayor Swaim reminded Council of the Railroad Overpass public hearing to be held July 29th at the Jacksonville Community Center. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:30 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer