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91 JUNE 6.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville. Arkansas met in Regular Session. June 6, 1991, at the regular meeting place of the Council. Alderman Marshall 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, Keaton Williamson and Twitty were present. PRESENT, NINE (9). ABSENT, (1). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were Personnel Director/Adminis- trative Assistant Michael Beeman, City Engineer Duane Reel, City Attorney Robert E. Bamburg, Police Chief Donald Tate, Asst. Finance Director Paul Mushrush, Deputy City Clerk Teresa Parker, Code Enforcement Officer John New, other city employees and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of, May 16, 1991, for study and action at the next regu- lar meeting of the Council. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Sansing moved, seconded by Alderman Lewis, that the minutes of, the, May 2, 1991, meeting of the City Council be AP-PROVED. MOTION CARRIED. CONSENT AGENDA: MUNICIPAL COURT/PROBATION OFFICER Regular Month- ly Report In was pointed out that Municipal Court Judge Robert Batton p1anned to attend the meeting to address any questions the Coun-cil might have regarding Mr. Mahone's report. Mayor Swaim de-layed action on the item of business until later in the meeting. ANIMAL CONTROL DEPT: Alderman Wilson moved, seconded by Alderman Smith that the Regu-lar Monthly Report of the Jacksonville Animal Control Department be APPROVED. Said report reflects Contributions of $20.00, Adoptions/Fines $607.50 and Security Deposits totaling $325.00 for total receipts of $952.50. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. WATER DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 947 (#10-91) REZONING OF PART of Plot 5 of the LRAFB Main Gate Dev. Area AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION: 120 FEET EAST OF BAILEY BOULEVARD BETWEEN THOMAS AND NIXON STREETS); AMENDING ORDINANCES NUMBERS 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) af- firmative votes, (0) negative votes. MOTION CARRIED. Ordi- nance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and dispense with reading of Ordinance 947 in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wil-son, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. The action of the Planning Commission was discussed as well as concern expressed by residents of the general area during a session of the Council in which approval was given for rezoning in Ordinance 923, passed March 1, 1990. City Attorney Bamburg said that the buffer zone is maintained and in line with the previous rezoning referred to above. It was pointed out that no objections to the rezoning were ex- pressed by the general public at the Planning Commission Meeting. There was discussion as to what to do regarding the closing of a street that is platted to go through to the access road. City Engineer Reel said that if the street was constructed to the East, it would be a continuation of Hapsburg and that there is no through traffic allowed on Parrish Street. It was suggested that the Planning Commission review the situation CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. regarding fire and police access. He said for prudence in good planning, a review should be made of streets cut off and those made dead end streets. Mr. Reel said that the rezoning is for planning purposes and that it would open the area up for a small commercial type area. He also related that a multi-family zoned area generates a lot more traffic than C-1 or C-2 business districts. It was noted that when a development plan in presented, the situation of street access can then be addressed. Alderman Wilson moved, seconded by Alderman Williamson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson. Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) af- firmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Wilson 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, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion re-ceived nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Ray 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, Wilson, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME Alderman Smith moved, seconded by Alderman Lewis that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 947 THIS 6th DAY OF JUNE 1991. GENERAL: a. TRAFFIC SIGNALS/MARTIN ST. & HWY 161 (Sales Tax Fd. Expenditure of $1,426.00) Mayor Swaim explained that the projected cost of the Martin and Hwy 161 Traffic Lights is $186,000.00, and that bids were let 6/5/1991 and that City's share of that cost is $1,426.OU. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. He recommended that the expenditure be taken from the Sales Tax Fund. Alderman Knight moved, seconded by Alderman Wilson that $1,426.00 be taken from the Sales Tax Fund to pay the portion owed by the City of Jacksonville for completion of the traffic signals at Martin and Hwy 161. MOTION CARRIED. He said that it could take as long as nine months for the project to be completed according to highway officials. He pointed out that the signals will be able to accommodate a four-lane thor-oughfare. b. DISCUSSION: CITY COUNCIL MEETING DATE OF JULY 4, 1991 Mayor Swam pointed out that action by the City Council is neces- sary if the meeting scheduled to be held, July 4, 1991, is to be cancelled. Alderman Keaton moved, seconded by Alderman Smith to delete the meeting of the City Council on July 4, 1991, and that a Special Meeting be called, if necessary, before the next regular meeting. MOTION CARRIED. Alderman Sansing voted NAY. DEVIATION IN AGENDA: Mayor Swaim recognized Municipal Judge Robert Batton who ad- dressed the Regular Monthly Report of Mr. Mike Mahone, Probation Officer. Judge Batton related to past requests to Mr. Mahone by the Council, during an executive session for the following statis- tics; the number of cases he had, the ones added and those terminated. He said that he told Mr. Mahone to comply with the request. He pointed out that at the March meeting more in depth information was requested, that he listened to a tape of that meeting and was not sure of what the Council wanted. He noted that the case type was broken down in the May report. Mayor Swaim voiced that Alderman Fletcher had talked with him and that he is satisfied with the report as submitted. Judge Batton said that Mr. Mahone wishes to comply with the request of the Council, that he personally is not in favor of compiling information just for 'busy work'. He said that if the information is relevant and can be used, he has no problem with providing it. Mr. Sansing made a request that the juvenile cases be designated. Judge Batton said the only juvenile cases are curfew violators. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. Alderman Knight raised a question regarding traffic violations to which Judge Batton replied that first time offender juveniles can request to go to a driving school or can do community service as an alternative. Alderman Knight said that the Council is interested in the posi-tion and that is the reason for the requests for information regarding the activity of the probation officer. Mayor Swaim asked if any of the cases are juveniles. Judge Batton explained how he could end up with a juvenile through the court system relating that he has followed state law as far as punishment for those offenders.He said that there may be two juvenile cases listed in the report. Alderman Lewis pointed out that some of the information being asked for by the Council is included in the Police Report to which Judge Batton agreed. Alderman Wilson pointed out that the desire of the Council in asking for information had to do with determining whether or not the position of the probation officer is a full-time or part-time one. Judge Batton related that when Mr. Mahone was hired, his desire was to have a probation officer who would be full time and who would deal with juvenile matters. He said the position was not established "exclusively" as a juvenile probation officer. Alderman Wilson said that the law has changed with regard to the probation officer and juvenile offenders and that he did not feel the Council thought the position was established for juvenile cases "exclusively". He questioned the activity of Mr. Mahone with regard to the number of persons worked with each day. He stressed that other persons in the city work force account for their activity and that he felt accounting for said daily con-tacts made by Mr. Mahone looked simple enough to him. Judge Batton said that Mr. Mahone, as a probation officer, has dual capacity in reply to a question by Alderman Twitty in which she asked whether Mr. Mahone sees just adults or just juveniles. He related that juveniles are seen under special cases. Alderman Knight noted that during the executive session the City Council pointed out the involvement of Mr. Mahone in good juve-nile programs but questioned if they should be addressed in another way. Then she related that something was misunderstood and that communication broke down. She said that now questions have come up regarding the number of juveniles being a part of the work load and how much time is spent with them. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. Judge Batton said that a lot of youth are addressed who don't get charged with a criminal offense but that they are referred to him through a police officer or another agency. Alderman Knight voiced that maybe the report from Officer Mahone should include the amount of time spent in "preventive crime", and how he is being effective in those programs. Mayor Swaim pointed out that the Council was informed that Mr. Mahone has no jurisdiction over youths that are not assigned to him by the court, therefore, the city is liable for any misdeeds or actions that may happen in that our Probation Officer is working with someone who has not been assigned to him by the court. He said that a concern in executive session was whether or not Mr. Mahone could legally represent the City of Jackson- ville in the juvenile matters. judge Batton suggested that an opinion be requested from the City Attorney or the Attorney General about the Probation Officer and his activity in juvenile cases. Alderman Wilson pointed out that the City Council is trying to determine how much time Mr. Mahone is spending doing things which are not specifically outlined by the court. He said that the report as presented does not give that information; whether it is a full-time of part-time position, how much is spent in court directed activity versus his undirected activity which may be great. He pointed out the Councils responsibility to tax payers and City liability. Mayor Swaim asked that the City Attorney research the matter and inform the Council regarding his findings. He said that he feels the report is better and that Alderman Fletcher said it covers what he was asking for. Mayor Swaim pointed out that it would be good if Mr. Mahone would attend Council Meetings when his monthly report is on the agenda. Alderman Lewis moved, seconded by Alderman Sansing that the Regular Monthly Report from Probation Officer Mike Mahone be APPROVED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. MOTION CAR-RIED. c. PRESENTATION OF POLICY MANUAL Mayor Swaim requested that the Council read the policy manual and suggested that any questions be addressed at the meeting of June 20, 1991 before action of the Council to. approve or disapprove its content. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6. 1991 7:00 P.M. - 8:10 P.M. APPOINTMENTS: HOSPITAL COMMISSION APPOINTMENT: Buster Smith now serving the unexpired term of Harold Gwatney/request to reappoint to a five year term to expire 6/30/96 Alderman Wilson moved, seconded by Alderman Sansing to reappoint Mr. Buster Smith to the Hospital Commission for a term to expire 6/30/96. MOTION CARRIED. ADDITION TO AGENDA: Request to hire "PUBLIC ADMINISTRATION MAJOR" INTERN Mayor Swaim voiced that Mr. Beeman has interviewed three persons for the position and since that time one has decided not to participate in the program due to entrance in summer school. He said that the advantage is to have someone who has been schooled in documentation, reports, grants, etc. which would be very helpful to the city. Mr. Beeman said that the University of Arkansas, UALR and Arkan- sas State University designed the Master's Program for the public administration majors. He pointed out that the internship is a part of the graduate process. Mayor Swaim said that half of the salary is paid through the program and that the city would be responsible for the other half. He voiced, that one program 1n which the person could be greatly used is the recycling program which has year round possi- bilities. He said that considerations could be given to a four (4) to six (6) month term with regard to the position. Mr. Beeman voiced that the program provides persons who have a bachelor's degree, those who are at the end of graduate school work and have studied grants, the different phases of govern- ments, etc. Alderman Knight moved, seconded by Alderman Smith that the item establishing a position for a "Graduate Intern" in public admin-istration be placed on the agenda for action. MOTION CARRIED. Mayor Swaim said that he and Mr. Beeman worked together in making a determination regarding establishing the position with regard to the work load also mentioning that the Police Chief may be able to utilize the employee in research work. He said that if the person cannot benefit the city, he felt taxpayer dollars would be wasted adding that the city would not commit to more than six months in the beginning and that the city is not re-quired to provide any health benefits for the employee. It was the consensus of the Council that the intern be used in the grant process and recycling efforts of the city. CITY OF JACKSONVILLE ARKANSAS REGULAR CITY COUNCIL MEETING June 6, 1991 7:00 P.M. - 8:10 P.M. Alderman Ray moved, seconded by Alderman Wilson to approve estab-lishing the intern position at $450.00 per month, to be taken from the Contingency Fund, for a maximum of six months to work mainly in the grant process and recycling efforts of the City of Jacksonville. MOTION CARRIED. It was pointed out by Mayor Swaim that a request made at the last City Council Meeting regarding signatures obtained from residents in Henry Estates by CDBG Director Tony Ply is available for the perusal of the Council and press. Mayor Swaim noted that work is being done on the Trickey Lane Project and that input is good; that it will soon be completed. ANNOUNCEMENTS Mayor Swaim announced "DESERT PRASE CELEBRATTON 11" June 14, 1990 from 4:00 p.m. to 9:00 p.m. He named several door prizes which will be given away during the celebration. Attorney Bamburg pointed out that there will be one ticket per family for the door prizes, free food from local businesses, a program beginning at 7:00 p.m. and ending about 9:00 p.m. Mayor Swaim said that the public is invited mentioning local talent and the "Starlifter Air Force Band", Kix 103 participa- tion and no planned speeches. Mayor Swaim announced the "STATE CELEBRATION", July 6, 1991. begin-ning at North Little Rock and ending at the State Capitol. He said that Jacksonville will enter a float, "the winning one". in the parade and that there wi11 be free food and entertainment at that celebration as well. He encouraged local participation noting that the celebrations are not exclusively for military personnel but for everyone. Alderman Ray requested that the grounds at the Library be policed and improved if possible. Mayor Swaim stated that no decision has been handed down regard- ing the Vertac lawsuit. Alderman Wilson requested that a letter of thanks on behalf of the Council be written by the Mayor to Congressman Ray Thornton expressing thanks for his efforts in seeing that the C130's remain a part of the active air force as opposed to being made a part of the guard and reserve units. Mayor Swaim said that he had called Congressman Thornton's office but was unable to make contact adding that he would write an expression of thanks from the Council. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING June 6 1991 7:00 P.M. - 8:20 P.M. ADJOURNMENT: Alderman Ray moved, seconded by Alderman Wilson, that the meeting adjourn at approximately 8:05 p.m. MOTION CARRIED. Respectfully, _________________________ ___________________________ Lula M. Leonard MAYOR City Clerk-Treasurer