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91 NOV 21.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 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 November 21, 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, Williamson and Keaton were present. Alderman Twitty came in at approximate- ly 7:02 p.m. Alderman Fletcher was absent with flu. PRESENT, NINE (9). ABSENT, (1). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Police Chief Don Tate, Fire Chief Rick Ezell, Personnel Director and Administrative Assistant Michael Beeman, Assistant Finance Director Paul Mushrush, Deputy City Clerk Teresa Parker, Sanitation Superintendent Billy Gilmore, Park & Rec. Director Annabelle Davis, Probation Officer Mike Mahone, Retired General Lint, members of the Student Council Organizations from Jacksonville and Vorth Pulaski High Schools, other city employees, interested citizens, members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of November 7, 1991, for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of October 17, 1991 and the Special City Council Meeting of October 29, 1991, be AP- PROVED. MOTION CARRIED. CONSENT AGENDA: FIRE DEPARTMENT FIRE DEPARTMENT Alderman Sansing moved, seconded by Alderman Ray that the regu- lar monthly report for the month of August from the Jacksonville Fire Department which reflects an estimated fire loss of $3,975.00 be APPROVED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received eight (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: REQUEST TO SET A PUBLIC HEARING FOR a. THE CLOSING OF STONE STREET BETWEEN NORTH OAK & NORTH ELM and b. THE CLOSING OF PARK STREET IN THE HENRY ADDITION The location of the streets requested to be closed was clarified and Mayor Swaim stated that the streets were never developed as shown in the land use plan of the City of Jacksonville. Alderman Wilson moved, seconded by Alderman Smith that a Public Hearing be set for the closing of Stone Street between North Oak & North Elm Streets and Park Street in the Henry Addition. Said hearing to be held at 7:30 p.m. during the Regular City Council Meeting. MOTION CARRIED. GENERAL: a. PRESENTATION BY RETIRED GENERAL LINE Ref: Air Park Museum (See attachment to these minutes.) Mayor Swaim expressed appreciation to General Linz for the pre- sentation. No Council action was taken on the item of business at this time and discussion was delayed until the remaining items on the agenda were addressed by the Council. b. REQUEST TO ACCEPT THE SECOND YEAR BID BY CITY AUDITORS Mayor Swaim pointed out that the bid is from the McAllister Firm who did the 1990 audit. Paul Mushrush, Assistant Finance Director, expressed that it is Mr. Kelleys recommendation that the second year bid of $14,700.00, a $1,500.00 increase over last year, be accepted. There were a few remarks regarding the audit being completed in a timely manner. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Mayor Swaim voiced that over 600 hours are spent annually by the firm and that the quality of work is outstanding. Alderman Knight moved, seconded by Alderman Wilson to approve the bid of $14,700.00 from the McAllister Firm to do the 1991 audit for the City of Jacksonville. (Said expenditure is proposed in the 1992 budget). MOTION CARRIED. NON AGENDA ITEM: PRESENTATION BY Sheila Jones of GTE/A video of the JACKSONVILLE AND CABOT AREAS Mayor Swaim introduced Ms. Jones who addressed the Council with information regarding the work of GTE in compiling the video. She voiced that the company's desire was to promote the communi- ties and bring more industry to the area. Mayor Swaim pointed out that Jacksonville and Cabot raised $14,000.00 and that GTE raised $45,000.00 to produce the video. Alderman Wilson requested, after Mayor Swaim had expressed appreciation for the presentation, that a letter expressing the appreciation of the Council be sent to GTE. Mayor Swaim said that he would take care of the request. c. DISCUSSION: MEDICAL EXPENSES of AUXILIARY POLICE OFFICER Mayor Swaim pointed out that regulations have kept the City of Jacksonville from having workers compensation for the auxiliary policemen. He said that he was involved in efforts recently with the Municipal League in Fayetteville which would hopefully cor- rect the situation of coverage for auxiliary policemen. He said that the auxiliary officer, working for the city at no salary, was injured. He pointed out that the total expenses for the injury to the officer is not known at this time, but that bills have begun to come to the city with request for payment. He requested authorization to pay said bills. He said that the amount of bills at present are approximately $17,000.00. He pointed out that an incentive program has been put in place and that the auxiliary officers will now be covered under Munici- pal League Workers Compensation. He said that the $17,000.00 expenditure will be taken from the Contingency Fund. His request was that authorization be given to pay all medical bills for the particular individual and noted that he will inform the Council of the final expenditure. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Alderman Sansing moved, seconded by Alderman Knight, that author- ization be given to pay the medical expenses of Auxiliary Police- man Ransom, as they become due, from the Contingency Fund. MOTION CARRIED. d. 1992 BUDGET ORDINANCE 9 5 9 (#22-91) Mayor Swaim pointed out, as he presented the budget ordinance, that no taxes have been raised since 1987. Alderman Ray moved, seconded by Alderman Smith ,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 Smith moved, seconded by Alderman Ray that the rules be suspended and that full reading of the ordinance be dispensed with. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson that Ordinance be accepted on FIRST READING. ROLL CALL: Alder- men: 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. ACCEPTED ON FIRST READING. Alderman Knight moved, seconded by Alderman Ray , 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 Wilson 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, Wilson, Fletcher, Williamson, Keaton and Twisty voted AYE. NAY 0. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Wilson moved, seconded by Alderman Sansing that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Keaton and Twitty voted AYE NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 959 THIS 21st DAY OF NOVEMBER 1991. e. CURFEW ORDINANCE 958 (#21-91) Alderman Sansing was recognized by Mayor Swaim to introduce the Ordinance. He voiced that the ordinance has been in the making for a while noting that he had talked with Mayor Swaim, the Chief of Police. City Attorney Bamburg and other Council Members. Mr. Sansing recognized Chief Tate to address the Council. He commented that the ordinance is patterned after the North Little Rock Ordinance with some accommodations made for the Jacksonville area. He voiced that he felt the problem in Jack- sonville is no worse than any other area in the country. He noted that at the curfew time there are juveniles who should be under the supervision of their parents and that the ordinance will help in this area of need. He pointed out that there are certain places in town that juveniles are likely to congregate, that some have come here due to restrictions in their certain locations. He said that there have been dramatic decreases in certain areas of crime in North Little Rock which he said is hoped for the City of Jacksonville after passage of the ordinance. It was pointed out by Alderman Knight that the North Little Rock Curfew Ordinance has ten o'clock for Sunday through Thursday nights, and twelve o'clock for Friday and Saturday nights whereas Jacksonville has three different curfew times: ten o'clock Monday through Thursday night, twelve o'clock on Friday and Saturday night and 11:00 Sunday night. Alderman Wilson voiced that he felt it would be beneficial for the Council to be consistent with the ten o'clock curfew on school nights. He said that he was opposed to specific legisla- tion. Alderman Sansing pointed out that the eleven o'clock curfew on Sunday night was in the ordinance to accommodate a long standing business in town, that parents with children under eighteen years of age could go to the business and pick their children up. CITY OF JACKSONVILLE, ARKANSAs REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Alderman Sansing moved, seconded by Alderman Ray ,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. Alderman Smith moved, seconded by Alderman Ray that the rules be suspended and that reading of the ordinance in full be omitted. A voice vote was taken with Alderman Wilson and Keaton voting Nay. MOTION CARRIED. Alderman Keaton expressed that due to the controversy connected with the ordinance, he felt it should be read openly. After a short discussion, the motion and second was withdrawn. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg. There was discussion regarding holidays and summer days when there are no school days and exceptions and under Section Three and Section Two. Two Student Council Members, Robert Daugherty from Jacksonville High School and Sonya Gutierrez from North Pulaski High School addressed the Council with regard to the curfew ordinance. Mr. Daugherty said that a majority of the students he was able to talk with at Jacksonville High School are opposed to the ordi- nance. He requested that alternative action be taken with regard to the juvenile problem. Miss Gutierrez represented the North Puaski Student Council. She voiced that the requests of Mr. Daugherty be given considera- tion by the Council. She related that most students were opposed to the limitations the curfew would impose on the students. Mayor Swaim voiced appreciation for the professionalism of the Student Council Members in their presentation and for their input regarding issues dealt with in the ordinance before the Council to the City Council. Mr. Larry Estes, who has a son sixteen and one-half years old, voiced that basically, there is a suspension of the liberties of teenagers. He questioned whether posing a curfew on juveniles will change the juvenile delinquency problems within the City of Jacksonville and questioned whether or not the requirements of the ordinance adopted by NLR has made a change in juvenile prob- lems there adding that no evidence has been presented either way. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. He stated concern that the general public was not better informed about the legislation as proposed. He related that in the matter of fines to parents of children who are determined to be breaking the curfew restrictions, that he felt a judge should make a determination also questioning the reference to an existing emergency. At this point Mayor Swaim asked that Chief Tate present informa- tion regarding questions by Mr. Estes. It was pointed out that the emergency as related in the ordinance is relative to legal matters and the time element related to the effective date of the legislation. Chief Tate related that the City of Jacksonville does have a curfew ordinance in force, noting that the main difference in the old ordinance and the new one before the City Council is that the old one holds the juvenile responsible and does not include the ages of fifteen through seventeen, noting crimes after curfew hours committed by 51% in that age group, and that the new one puts responsibility on the parents. He related to a display of guns and knives related to juvenile crimes mainly confiscated in and around particular areas where problems exist within the city. He said that a decrease in thefts of 1.584% in North Little Rock in the second month after passage of the curfew ordinance and that burglaries dropped 69%. Mayor Swaim pointed out that a lot of the offenses are committed by persons who live outside the City of Jacksonville. Mrs. Jo Anne Close was recognized by Mayor Swaim. She voiced that she favored the passage of the Ordinance and expressed appreciation for all the work done in the Sunnyside area. Alderman Wilson moved, seconded by Alderman Williamson to amend Ordinance 9 5 8; Section Two, a and b that all other nights would read 10:00 p.m. and 12.00 p.m. on Friday and Saturday nights. Alderman Ray said that he felt what is written in the ordinance is sufficient and should be left as it is. Alderman Wilson voiced that he felt the ordinance would be con- sistent in the event a county-wide ordinance is ever adopted. Alderman Sansing related that he felt the ordinance should be tailored to the needs of the city. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Alderman Knight voiced that she felt the ordinance should be structured for the needs of the City of Jacksonville, for our young people and when and if there is a county-wide ordinance, they will look at the one adopted by the city and adopt it. Alderman Twitty related that she felt the ordinance should be left as read. A ROLL CALL VOTE WAS TAKEN AT THIS TIME: Alderman Twitty voted Nay, Alderman Keaton voted Aye, Alderman Williamson voted Aye, Alderman Wilson voted Aye, Alderman Ray voted Nay, Alderman Sans- ing voted Nay, Alderman Lewis voted Nay, Alderman Smith voted Nay, and Alderman Knight voted Nay. THE AMENDMENT FAILED. Alderman Wilson moved, seconded by Alderman Ray , that Ordinance be accepted on FIRST READING. Alderman Keaton posed a question regarding notification to par- ents (item c, Section 4) and Chief Tate related that forms are prepared which will require tree signature of the parent along with a warning citation. ROLL CALL: Aldermen: Ray, Sansing, Wilson, Williamson, Lewis, Smith, Keaton, Knight and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Wilson suggested that the ordinance be considered at the next City Council Meeting. Court Probation Officer Mike Mahone voiced that the ordinance is 1ong overdue and that he approved its immediate passage as he encouraged the students not to take the ordinance personally. He made reference to the weapons on display and voiced that the juveniles from whom they were retrieved know how to operate them. 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, 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. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M. Alderman Keaton related to some of the alternatives suggested by the Student Council representatives and noted that everything has been tried in efforts to solve the juvenile problems noting that nothing has worked up to this point. Mayor Swaim related that efforts to work with different organiza- tions is underway and urged the young people who were present to get involved in preserving the public peace, safety and welfare of the community. It was suggested by Alderman Wilson that the Student Council confer with Chief Tate and that a combined effort be put forth with regard to improving juvenile activity within the city. Mr. Daugherty voiced again that the students feel that the city is taking a last resort and that alternatives should be addressed first. Alderman Wilson voiced that the ordinance has been worked on for a long time, that it is not a last resort type situation and that their feedback will be appreciated in the area of amendments etc. Alderman Lewis encouraged the students and expressed that there are things that the Council has to do to try to protect the citizens, not necessarily to hurt the youth, but an endeavor to get those juveniles committing crimes off the streets. Alderman Smith 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, Fletcher, 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 Wilson moved, seconded by Alderman Knight that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, William- son, Keaton and Twitty voted AYE. NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Smith, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. Alderman Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE. NAY 0. Motion received nine (9) affirmative votes, CITY OF JACKSONVILLE ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 21, 1991 7:00 P.M. - 9:00 P.M (0) negative votes. MOTION CARRIED. ORDINANCE & EMERGENCY CLAUSE APPROVED AND ADOPTED AND NUMBERED 958 THIS 21ST DAY OF NOVEMBER, 1991. It was suggested that efforts be made to make the youth and their parents aware of the ordinance just approved by the Council. Chief Tate said that he would make the ordinance available through the educational efforts of the Police Department at the local schools. NON-AGENDA ITEM Mayor Swaim voiced that for a number of years options regarding deferred compensation for employees and a cafeteria plan that would allow the City of Jacksonville to save some money on FICA deposits have been looked at. The following committee was formed to study proposals: Aldermen Ray, Knight and Keaton, Mayor Swaim and Assistant Finance Direc- tor Paul Mushrush. No meeting date was set. It was the consensus of the Council that the matter of a donation to the Air Park Museum be included in the December agenda. Mrs. Close expressed appreciation for the efforts of all depart- ments for improvements in the Sunnyside Hills Addition. APPOINTMENTS: ANNOUNCEMENTS ADJOURNMENT: Alderman Ray moved, seconded by Alderman Wilson that the meet- ing adjourn at approximately 9:00 p.m. Respectfully, __________________________ _________________________ Lula M. Leonard MAYOR City Clerk-Treasurer