93 Nov 18 i 51
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.H.
REGULAR CITY COUNCIL MEETING - CITY HALL - 41 INDUSTRIAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on November 18, 1993 at the regular meeting place
of the Council. Alderman Fletcher 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, Keaton and Twitty answered ROLL
CALL. PRESENT TEN (10), ABSENT (0). Mayor Swaim also answered
ROLL CALL and declared a quorum.
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Susan Goings, Police Chief Don Tate,
Asst. Fire Chief Bill Baldridge, City Engineer Duane Reel,
Public Works Director Skip Spears, Finance Director Paul
Mushrush, Park & Rec Director Annabelle Davis, Chairman of the
Park & Rec Commission Mrs. Pat Bond and members of the Park & Rec
Commission, Economic Development Specialist Phil Sullivan, Board
of Adjustment Chairman Art Brannen, Mrs. Judy Swaim, Mrs. Nelda
Spears, Mrs. Edith Smith, 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 November 4, 1993 for study and action at the next
Regular City Council Meeting.
APPROVAL AND /OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes
of October 21, 1993 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: Fire Dept., Police Dept., CDBG, Municipal Court
Regular Monthly Report /Fire Department
Alderman Knight moved, seconded by Alderman Smith that the
Regular Monthly Report of the Jacksonville Fire Department be
APPROVED. (Said report reflects an estimated fire loss of
$23,650.00 for the month of October.) ROLL CALL: Aldermen:
Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7 :00 P.M. - 7:35 P.M.
Types of Cases Referred, Month of September 1993
Possession of Controlled Substance 3
Obtaining Drugs By Fraud 1
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT:
SANITATION:
PLANNING COMMISSION: a. Closing a portion of Natchez Trace
b. Final Plat Stonewall Subdivision First Place Com'l Phase I
a. ORDINANCE 1013 (#26 -93) Ref: Closing a portion of Natchez
Trace
AN ORDINANCE VACATING AND CLOSING THAT UNDEVELOPED PORTION OF
NATCHEZ TRACE IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL
LOCATION: NORTHWOOD ACRES SUBDIVISION ON NATCHEZ TRACE SOUTH OF
QUAPAW PLACE TO DRAINAGE DITCH); AND, FOR OTHER PURPOSES.
City Engineer Reel related that the street has been used to get
down to a bridge using a sidewalk going over to Northeastern
Avenue. He said that the closing requires that the people who
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acquire the property affected by the closing will leave an
easement for access to the bridge to cross and utilize the
existing sidewalk. He pointed out that Natchez Trace stops at
the ditch, adding that Bart Gray Realty owns the south side and
that they have said that as long as there is not interference
with development plans, the sidewalk can remain as it is. He
went on to relate that no easement has been granted for the
sidewalk. He said that if it is necessary, realignment of the
sidewalk adjacent to the ditch in the ditch easement is a
possibility.
Alderman Wilson moved, seconded by Alderman Smith, that Ordinance
be placed on FIRST READING. ROLL CALL: Aldermen: Knight,
Smith, Lewis, Sensing, Ray, Wilson, Fletcher, Williamson, Keaton
and Twitty voted AYE. NAY (0). Motion received ten (10)
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
Alderman Wilson moved, seconded by Alderman Knight that the FINAL
PLAT of STONEWALL, FIRST PLACE COMMERCIAL PRASE I be APPROVED.
MOTION CARRIED.
DEVIATION IN AGENDA:
Mayor Swaim asked that the Council place on the agenda an item of
business regarding the bid for the Community Center represented
by the Park & Recreation Department.
Alderman Reedie Ray moved, seconded by Alderman Wilson that a bid
item regarding the construction of the Community Center be placed
on the agenda. MOTION CARRIED.
Mayor Swaim introduced Mrs. Pat Bond, Chairman of the Park & Rec
Commission to address the item of business.
Mrs. Bond voiced that the architect, the contractor, and members
of the Park & Recreation Commission were in attendance.
She pointed out that the bottom line for construction of the
center, after removal of seven or eight deductive alternates, is
$3,296,395.00 which includes the architectural fee. She said
that adjustments were made in the heating and cooling package and
that one corridor of rooms was deleted in the bid negotiations.
She said that parking in the front of the building will be
completed, that gutters will be in place on the front of the
building, that adjustments were made with regard to the roof, and
that there will not be a hydraulic floor in the swimming pool.
She pointed out that nothing was deleted that will disrupt the
programs of the department and added that the building will
compliment the City Hall complex.
Alderman Knight questioned whether or not cuts to trim the
bottom line down to the three million dollar mark would touch
those things for which the building was designed and for which
taxpayers voted.
Mrs. Bond said that any more deletions would alter the initial
intent presented to the voters in tax increase efforts.
Alderman Smith complimented the work of all those involved in the
project.
Mayor Swaim voiced that he had made a commitment to the public
that the cost of the building would be three million dollars and
that he would have to stand by that. He said that plans would
have to be made in the event the Council decides to go with the
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
The general consensus of the Council was for the Mayor proceed
with payment schedules accepting the project at the $3,296.395.00
bid amount.
Mayor Swaim stated that he would go through city funds and come
up with a schedule of payment as soon as possible adding that a
meeting would be scheduled, probably within a week, with the
Commission, the architect, and the contractor.
RESUME AGENDA:
PRESENTATION of 1994 BUDGET
Mayor Swaim presented the budget commenting that a lot of time
has been spent preparing it, that it is balanced and that a 5%
income increase is expected in 1994 in some areas. He said that
he felt that all commitments therein can be met relating that all
things requested were not funded and that about five or six
hundred thousand dollars has been taken out of the budget as
first proposed. He said that there were cuts in the request for
employees in the Police Department; requested 5, budgeted 2.
The Fire Department requested 4 and 2 were budgeted. He related
that in the area of equipment there were cuts as well. He said
that inflation alters control in the budgeting process noting
that the projected income for 1994 will be $7,140,100.00. He
said that there would be a 3% raise plus a 1% for employees who
have not reached the top of their pay level.
Alderman Reedie Ray voiced the request of city employees in a
general meeting that ambulance service be provided at no charge
to the employee.
Mayor Swaim voiced that he did not feel that it would be fair to
the other citizens of the city to provide the service to city
employees. He said that such a provision could only be made for
those employees inside the city limits.
There was a short discussion regarding the county jail with a
general consensus of the Council that Mr. Larry Goddard, a quorum
court member, be contacted with regard to the lack of
communication between the City and the County Sheriff and things
which will affect the operations of the jail system in the City
of Jacksonville.
City Attorney Bamburg voiced that other cities in the county are
in the same strait as the City of Jacksonville in budget
considerations and a lack of information regarding expenses which
will be incurred by each in county jail operations.
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II CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
citizens of Jacksonville have input having to do with the growth
patterns affecting the city.
A budget hearing was scheduled for 7:00 p.m. November 30, 1993 at
City Hall with the item of business regarding the Community
Center to be discussed.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:35 p.m.
Respectfully,
u M. Leonar MA OR
City Clerk -Treasurer
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
Mayor Swaim pointed out that commitments were made and signed by
the County Judge and that a lawsuit has set forth that the County
Sheriff shall runs the County Jail, not the County Judge. He
said that it is difficult to communicate with the County Sheriff
that calls are not returned.
Mayor Swaim pointed out that a court ruling may cause franchise
fees to be eliminated as income to cities which, for the City of
Jacksonville, would take $1,150,000.00 out of the budget in 1994.
He said that he did not feel there would be a settlement on the
suit for a year but that it should not be taken lightly.
City Attorney Bamburg said that municipalities could join
together and enter into the suit as interested parties if the
Council desires.
Mayor Swaim related that the Byron McKimmey Lawsuit came before a
Judge and that a decision has not as yet been rendered by the
court. He said that he felt comfortable with the decision of the
Council in denying the request for M -1 zoning, "heavy
industrial ", in the park area.
City Attorney Bamburg said that the only issue in point was
whether or not the action of the Council was arbitrary or
capricious in denying the rezoning request.
APPOINTMENTS:
Reappointment of Boyce Moore to the Housing Facilities Board
Alderman Wilson moved, seconded by Alderman Smith that Mr. Boyce
Moore be appointed to the Housing Facilities Board for a 5 -year
term ending October 24, 1998. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim announced a public hearing scheduled for 7:00 p.m.
December 2, 1993 during the Regular City Council Meeting at City
Hall regarding Community Development Block Grant Funding for
1994.
He also announced that City Hall will be closed November 25th and
26th for Thanksgiving Holidays.
He pointed out that a public hearing with reference to a "VPS,
Visual Preference Survey" being conducted by Metroplan, is
scheduled for 6:30 p.m. Wednesday, December 1, 1993 in
Jacksonville City Hall. He said that all the public is urged to
come and participate in the study with regarding transportation
for the Metropolitan Area. He said that it is important that the
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
bid as negotiated. He said that some things as promised, the
pool, racquetball courts, meeting rooms, gymnasium and the
jogging track are included in the plans for the Community Center
as negotiated and presented to the Council in the present bid
package. He noted that the building contains approximately
48,000 square feet.
The Mayor stated that he will need to work on a payment plan in
that the bid is more than was intended. He said that the
contractor has said that the building can be completed in ten
months. He pointed out that when the building is complete, that
one million seven hundred fifty thousand dollars will have
accumulated from one percent sales tax revenues as designated for
the center leaving one million five hundred fifty thousand
dollars to be paid. He said that a rescheduling of payments of
the $1.550 million will be necessary.
During a discussion regarding the initial payment schedule, Mayor
Swaim stated that a construction period of eighteen months was
given and that he had matched that period with a payment plan.
He said the ten month construction time frame complicates the
payment schedule.
Alderman Wilson suggested that a time be set aside at the
beginning of the next City Council Meeting to deal with the item
of business.
Mayor Swaim related that there will not be an architectural fee
on the overage of approximately $296,000.00 plus one -half percent
off the initial 6% fee of the contractor.
Alderman Knight voiced that with her vote she hoped there would
be rescheduling and retention of services to the citizens as
promised in the original planning adding that the community will
benefit for years to come with construction of the Community
Center.
Alderman Keaton stated that he felt the Commission, the architect
and the contractor had spent a lot of time and effort, without
jeopardizing the integrity of the building, getting the building
costs to where they are. He added that starting as soon as
possible would be practical.
Mayor Swaim pointed out that state law guidelines have been
followed in the negotiation process in the opinion of City
Attorney Hamburg.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
affirmative votes, (0) negative votes. MOTION CARRIED.
Ordinance read FIRST TIME by City Attorney Robert Bamburg.
Alderman Reedie Ray moved, seconded by Alderman Smith to suspend
the rules and 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 Wilson moved, seconded by Alderman Sansing, 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 Lewis moved, seconded by Alderman Knight, to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Knight, Smith, Lewis, Sansing, Ray, 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 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,
Wilson, Ray, 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 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, Wilson, Fletcher, Williamson, Keaton and
Twitty voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes. MOTION CARRIED.
ORDINANCE ADOPTED AND NUMBER 1013 THIS 18tH DAY OF OCTOBER 1993
b. FINAL PLAT: STONEWALL SUBDIVISION /FIRST PLACE COM'l PHASE I
City Engineer voiced that there was unanimous approval by the
Planning Commission with regard to the final plat as he explained
that there are three lots, one on which Dr. Joe Collins Office is
located and two lots adjacent to that office on the south side.
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CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
NOVEMBER 18, 1993
7:00 P.M. - 7:35 P.M.
Regular Monthly Report /Police Department
Alderman Knight moved, seconded by Alderman Smith that the
Regular Monthly Report of the Jacksonville Police Department be
approved. Said report reflects: Computer Collections,
$53,690.24, Miscellaneous Payments $1,630.50, Report Copies
$528.00 for a total Collections of $55,848.74. ROLL CALL:
Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION
CARRIED.
Regular Monthly Report /CDBG Department
Alderman Knight moved, seconded by Alderman Smith that the
Regular Monthly Report of the Community Development Department
be approved. Said report reflects:
Informal Meetings 2
Public Hearings 1
a. Letters to prospective applicants 4
b. Applications received 0
c. Work write -ups & estimates 2
d. Pre - constructions conferences 2
e. Paperwork for HOME Projects 2
f. Interim Inspections 23
g. Final Inspections 2
h. Partial Payments 2
i. Project Close -outs 0
Public Works:
a. Bids Received - Sunnyside Drainage 1
b. Interim Inspections 8
c. HUD Workshops 2
ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY
(0). MOTION CARRIED.
Regular Monthly Report /Municipal Court
Alderman Knight moved, seconded by Alderman Smith that the
Regular Monthly Report for October 1993 be APPROVED. ROLL CALL:
Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED.
Said report reflects:
Cases month ending September 1993, 119
Cases added in Month of October 1993, 4
Probations completed, Month ending Oct. 31, 1993 11
Total cases as of October 31, 1993 112
Number of Juveniles on Probation 0
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