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93 Sep 02 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 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 September 2, 1993 at the regular meeting place of the Council. Alderman Ray delivered the invocation after which Acting Mayor Larry Wilson led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson and Williamson answered ROLL CALL. Alderman Fletcher arrived at approximately 7:15 p.m. PRESENT SEVEN (7), ABSENT ONE (1). Aldermen Keaton and Twitty were absent. Mayor Swaim was absent due to attending a Municipal League Meeting at Jonesboro. Acting Mayor Wilson declared a quorum. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, Mayoral Aide Michael Beeman, Asst. to the Mayor Betty Anderson, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Finance Director Paul Mushrush, Asst. Fire Chief Bill Baldridge, other city employees, interested citizens and members of the press. PRESENTATION OF MINUTES: Acting Mayor Wilson presented the minutes of the Regular City Council Meeting of August 19, 1993 for study and action at the next Regular City Council Meeting. APPROVAL AND /OR CORRECTION OF MINUTES: ' Alderman Smith moved, seconded by Alderman Sansing that the minutes of August 5, 1993 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Report /Fire Department Alderman Knight moved, seconded by Alderman Lewis that the Regular Monthly Report of the Fire Department be approved. Said report reflects a total fire loss of $123,150.00. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray and Williamson voted AYE. MOTION CARRIED. 1 WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid: Heraldry Manor Drainage Improvements 1 (0 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. Acting Mayor Wilson stated that three bids were received with Building and Utility submitting the lowest bid of $77,492.10. It was stated by City Engineer Reel that the bidder previously withdrew two bids due to making an error in one of the bids with regard to labor not being included. After concerns were expressed with regard to the difference in landscaping, City Engineer said that he would impress upon the contractor that the lots will have to be restored as nearly as possible to their original condition. Acting Mayor Wilson suggested that the Council consider the adoption of a policy wherein a low bidder who withdraws a bid due to an error they make shall not be able to participate in a bid process with the City for a year. Alderman Knight moved, seconded by Alderman Sansing that the bid with regard to the Heraldry Manor Drainage Improvements from Building & Utility of $77,492.10 be accepted. MOTION CARRIED. (Said funding from the Street and Drainage Fund as budgeted.) PARKS & REC DEPARTMENT: ' SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Discussion: Amendment to Memorandum of Agreement with Pulaski County Jail Acting Mayor Wilson voiced that the Mayor and City Attorney have been involved in negotiations with regard to the City and the County Jail. City Attorney Bamburg stated that cities in the Pulaski County area have been working together for the past five years to improve the County Jail situation. He said that to his knowledge, all Mayors and City Government bodies will pass legislation with regard to the project. As a discussion was in process regarding the ability of Acting Mayor Wilson to vote in the passage of placing an Ordinance on Second Reading, Alderman Fletcher came in at approximately 7:15 p.m. 2 (p7 CI TY OF JACKSONVILLE, ARKANSAS RE GULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. b. ORDINANCE 999 ( #12 -93) A N ORDINANCE ADOPTING AN AMENDMENT TO THE INTERLOCAL AGREEMENT DATED FEBRUARY 15, 1990; TO PROVIDE FUNDING FOR OPERATIONS OF THE PULASKI COUNTY REGIONAL JAIL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Knight, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Hamburg. Alderman Ray moved, seconded by Alderman Sansing to dispense with the reading of the Ordinance in its entirety. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). I Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Knight moved, seconded by Alderman Smith, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the SECOND TIME. Alderman Lewis moved, seconded by Alderman Sansing, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Smith moved, seconded by Alderman Williamson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. Alderman Ray moved, seconded by Alderman Sansing, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 999 THIS 2ND DAY OF SEPTEMBER 1993. c. Update on the Recycling Program Alderman Smith related that the Recycling Committee met and discussed further plans for the recycling program once the county starts its test program in the Sunnyside Addition starting September 28, 1993. Public Works Director Skip Spears related that bins will be delivered to the Sunnyside residents on the llth and 12th of September, the first pick-up will be on Tuesday the 28th and will P P P Y follow with weekly Tuesday pick -up for approximately one year. He further related that the experience received from the delivery of bins in the Braden addition will be used to most effectively deliver in the Sunnyside area. In response to a question posed by Alderman Knight concerning the education for the public, Mr. Spears related that press releases are planned along with a telephone survey conducted by UALR with instructions to be given at the time the resident signs for their Recycling bins. He stated that the bins being used in the Sunnyside area were purchased by the district adding that the five hundred bins purchased by the City of Jacksonville will be used in the Northlake and Tara Mount area as the next phase of the program. A recycling survey indicated that the Northlake community has the highest percent of residents willing to participate in the curb side program. He related that the drive -in recycling center is doing well, with no decline in participation despite the area additions to the curb side recycling program. Acting Mayor Wilson expressed his pride in the recycling efforts currently underway, adding that the City of Jacksonville is leading Arkansas municipalities in its recycling efforts. 4 e9 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. d. ORDINANCE 1000 ( #13 -93) AN ORDINANCE ADOPTING AMENDMENTS TO THE JACKSONVILLE PERSONNEL POLICY MANUAL; TO AMEND ORDINANCE NO. 901; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Lewis moved, seconded by Alderman Sansing, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Hamburg. Alderman Knight moved, seconded by Alderman Lewis, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Knight moved, seconded by Alderman Smith, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Hamburg read the Ordinance for the SECOND TIME. Alderman Smith moved, seconded by Alderman Lewis, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Hamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Sansing moved, seconded by Alderman Ray, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative i votes. MOTION CARRIED. 5 K CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. • ORDINANCE AND EMERGENCY CLAUSE ADOPTED AND NUMBER 1000 THIS 2ND DAY OF SEPTEMBER 1993. e. ORDINANCE 1001 ( #14 - 93) AN ORDINANCE AUTHORIZING THE MAYOR AND /OR HIS AUTHORIZED AGENT TO FILE FCC FORM 328, REQUESTING CERTIFICATION OF A FRANCHISING AUTHORITY TO REGULATE BASIC CABLE SERVICE RATES AND MAKING AN INITIAL FINDING OF LACK OF EFFECTIVE COMPETITION, WITH THE FEDERAL COMMUNICATIONS COMMISSION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Acting Mayor Wilson related that this Ordinance does not address the current situation regarding the signals to be carried on local television but deals with the basic tier service which consists of approximately eight channels and does not provide for the provision or regulation of the premium channels. City Attorney Hamburg related that this Ordinance is required if a municipality is to regulate the basic teir service by requesting from the FCC the authority to make regulations, determinations, and assessments involving the basic teir service in the community, which would not include the basic preferred or the basic plus consisting of basic cable and the basic cable plus the premium channels. He further related that the additional charges for additional outlets will no longer be assessed. Alderman Knight moved, seconded by Alderman Smith, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Hamburg. Alderman Ray moved, seconded by Alderman Sansing, that Ordinance be accepted on FIRST READING. Discussion ensued as to the control this would allow a municipality. City Attorney Hamburg related that certification would be automatic if the city does not receive word 30 days after the FCC receives the form by certified mail. He then related the terms of effective competition which would also be a determining factoring in the certification. 6 7/ CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Smith moved, seconded by Alderman Sansing, to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Hamburg read the Ordinance for the SECOND TIME. Alderman Sansing moved, seconded by Alderman Lewis, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Hamburg read the Ordinance for the THIRD AND FINAL TIME. I Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Williamson voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE AND EMERGENCY CLAUSE ADOPTED AND NUMBER 1000 THIS 2ND DAY OF SEPTEMBER 1993. Acting Mayor Wilson related the possibility of the local stations working out an arrangement to charge Storer, who in turn may pass this charge to the consumer. He further related the opportunity to • influence the situation by encouraging the stations to settle with no charge or non monetary charges with the cable company so that the subscriber does not pay more for the same service received in the past. 7 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. APPOINTMENTS: ANNOUNCEMENTS: Acting Mayor Wilson related that Monday is Labor Day which would put the Sanitation Department on the holiday schedule for trash and garbage pickup. Public Works Director Skip Spears related that the announcement has been advertised in the local papers. He further related that due to the storm the trash pickup is behind but that the Sanitation Department is working over time to correct this. Alderman Knight related that due to the length of time since the last Sanitation Committee meeting she felt the need to schedule one. It was concluded that in lieu of Mr. Gilmore's current vacation status the meeting would be held after his return to work. ECONOMIC DEVELOPMENT GRANT Acting Mayor Wilson announced the approval of a grant application from the Economic Development Agency from the Department of Commerce. Mayoral Aid Michael Beeman related that the grant is for $100,000.00 dollars and that the purpose is to plan, coordinate and execute a major study outlining the economic strategies and policies and activities for the city, to review and analyze any existing economic industrial development studies, and a community profile and assessment of the general environment of the community. Mr. Beeman further related that part of the long range economic study would be to find solutions to some of the unusual problems in the Jacksonville area. In response to a question posed by Alderman Knight, Mr. Beeman related that it is the City's hope to receive benefits from a professional study such as this. He also reminded the Council that the funding for this program would last for a period of twelve months adding that this is a great opportunity for the City. He further related that the hiring for the position would be completed 1 by the first of November. 8 1 1 73 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 1993 7:00 P.M. - 7:50 P.M. POLICE AND FIRE RECRUITING PROGRAM Mayoral Aid Michael Beeman related that the poster provided to Council was created to be presented at a job fair as part of the City's efforts to boost a recruiting program. 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