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95 APR 06.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 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 April 6, 1995 at the regular meeting place of the Council. Alderman 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, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL: Mayor Swaim also answered ROLL CALL and declared a quorum. He expressed appreciation for those in attendance. Others present for the meeting were: Mayoral Aide Michael Beeman, Deputy City Clerk Susan Davitt, City Attorney Robert E. Bamburg, City Engineer Duane Reel, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Economic Director Phil Sullivan, Parks and Recreation Director Zack Rowan, Mrs. Judy Swaim, Mrs. D.D. Hibbs, Mrs. Sandra Sansing, other city employees, interested citizens and members of the press. INTRODUCTION: Mayor Swaim recognized Alderman Smith who in turn introduced Chamber of Commerce Executive Director Mr. Mickey Anders and Mr. Phil Sullivan who introduced Research Asst. Deborah Olson and Administrive Asst. Michelle Raspberry. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of March 16, 1995 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of March 2, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL: REGULAR MONTHLY REPORT/MARCH 1995 Alderman Ray moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for the month of March 1995. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Report reflects the following: CONTRIBUTIONS..............................$ 25.00, ADOPTION/FINES ............................$ 851.50, SECURITY DEPOSITS..........................$ 175.00, TOTAL...................................... $1,051.50 ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: RESOLUTION 480 (#4-95) A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE, ARKANSAS WASTEWATER UTILITY TO OBTAIN FOR IMPROVEMENTS IN THE CITY'S SEWER SYSTEM THROUGH A SEWER USE TAX REVENUE BOND; AND, FOR OTHER PURPOSES. City Attorney Bamburg related that Wastewater Utility is considering major improvement projects throughout the City with regard to problem areas. He related that a study, by a professional consulting firm, will determine where the problem areas exist and how finances can best be used for improvements. He related that the program qualifies under the State's revolving loan account, adding that one of the requirements is the passage of Resolution 480. He stated that any expenditures made after the passage are subject for reimbursement. He also related that any bond issue generated from this activity would be brought before the Council for approval. He clarified that the "revolving loan account" is basically a low interest loan which is funded by state and federal dollars. He related that the figures mentioned in the Resolution are not definite until the study is completed. Mayor Swaim related that guidelines for E.P.A.'s Clean Water Act is becoming increasingly more strict and that this type of operation is federally mandated. Alderman Knight moved, seconded by Alderman Wilson that Resolution 480 (#4-95) be READ. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to dispense with the reading of Resolution 480 (#4-95) in its entirety. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Alderman Wilson moved, seconded by Alderman Fletcher to approve Resolution 480 (#4-95). MOTION CARRIED. FIRE DEPARTMENT: ORDINANCE 1041 (#5-95) Mayor Swaim related that pending State legislation provides for relief for pension funds which are not actuarialy sound, adding that the fund qualifies if it is currently receiving one mill on the assessed value of the real and personal property within their city. He related that the Fire Department has requested that the question of increasing the levy of tax to one mill be brought before the citizens for consideration and vote. He related that in anticipation of including the police pension fund ordinances have been prepared for consideration, adding that an amendment could also be approved with regard to Ordinance 1041. Alderman Knight moved, seconded by Alderman Sansing, that Ordinance be placed on FIRST READING. Discussion ensued with regard to combining the issue of police and fire. City Attorney Bamburg related that approval of Ordinances 1041 and 1043 would list the issue on the same ballot as separate questions. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg as follows: AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, THE QUESTION OF INCREASING THE LEVY OF AN ANNUAL TAX SO AS NOT TO EXCEED ONE MILL ON THE ASSESSED VALUE OF THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF JACKSONVILLE FOR THE PURPOSE OF PAYING PENSIONS TO WIDOWS AND/OR MINOR CHILDREN OF DECEASED AND/OR DECEASED RETIRED FIREMEN AND TO RETIRED FIREMEN; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Knight, to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Discussion ensued as to any confusion as a result of the timing of the election. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Alderman Sansing moved, seconded by Alderman Ray to amend Ordinance 1041 to include the police pension fund on the ballot with regard to the question of an increased millage by 7/10 mill. Mayor Swaim responded to a question from Council with regard to the present millage collection of 3/10 and the question of a 7/10 mill increase to make one mill collected, which will qualify pension funds for their perspective relief program. Chief Ezell related that the bill before the legislature has passed the House and he believes it has passed the Senate and is waiting signature. Chief Hibbs concurred that it is satisfactory that the issue of police and fire be combined. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. AMENDMENT TO ORDINANCE 1041 ACCEPTED. Alderman Smith moved, seconded by Alderman Sansing that Amended Ordinance 1041 be ACCEPTED ON FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. AMENDED ORDINANCE ACCEPTED ON FIRST READING. Alderman Sansing moved, seconded by Alderman Knight to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Amended Ordinance as follows: AN ORDINANCE PROVIDING FOR THE SUBMISSION TO THE QUALIFIED VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, THE QUESTION OF INCREASING THE LEVY OF AN ANNUAL TAX SO AS NOT TO EXCEED ONE MILL ON THE ASSESSED VALUE OF THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF JACKSONVILLE FOR THE PURPOSE OF PAYING PENSIONS TO WIDOWS AND/OR MINOR CHILDREN OF DECEASED AND/OR DECEASED RETIRED FIREMEN AND TO RETIRED FIREMEN AND INCREASING THE LEVY OF AN ANNUAL TAX SO AS NOT TO EXCEED SEVEN TENTHS OF ONE MILL ON THE ASSESSED VALUE OF THE REAL AND PERSONAL PROPERTY WITHIN THE CITY OF JACKSONVILLE FOR THE PURPOSE OF PAYING PENSIONS TO WIDOWS AND/OR MINOR CHILDREN OF DECEASED AND/OR DECEASED RETIRED POLICEMEN AND TO RETIRED POLICEMEN; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Alderman Smith moved, seconded by Alderman Wilson, that Amended Ordinance 1041 be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Amended Ordinance 1041 read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Sansing, that Amended Ordinance 1041 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith, that the EMERGENCY CLAUSE BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1041 THIS 6th DAY OF APRIL 1995. POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for a One Ton Truck Mayor Swaim related that the recommended bid is for the second low bidder by Long Ford, Inc. from Jacksonville, explaining that the low bidder is Hendrix Trucks & Equipment from Texas. He related that the Long Ford vehicle has additional features that should be considered with regard to price. City Engineer Reel related that a load stabilizer package is offered by the two local companies, adding that for the use of the truck this package would be beneficial in many areas of utilization. Mayor Swaim related that Long Ford (a local vendor) has a truck available on the lot. Alderman Keaton moved, seconded by Alderman Smith that the one ton truck bid from Long Ford, Inc. be Accepted for the amount of $16,590.95. It was pointed out that the load stabilizer package is also beneficial with regard for employee safety. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. It was related that this is a budgeted item in Street Department funds. At this time MOTION CARRIED. PARKS & REC DEPARTMENT: Request to increase Petty Cash Alderman Wilson moved, seconded by Alderman Sansing that the Petty Cash for the Parks and Recreation Department be increased from $50.00 to $100.00. MOTION CARRIED. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Presentation Proposal for a Community College Alderman Knight related that Mr. Glenn Davidson who asked to be sponsored with regard to the presentation is no longer present at the meeting. She suggested that the item of business be withdrawn. Mayor Swaim related that he has met with UALR and ASU, explaining that UALR has offered classes at the local schools; attendance has not been sufficient for a continual program. He stated that part of the reason is because of what is already available. Economic Development Director Phil Sullivan related that education opportunities are available through the Little Rock Air Force Base Education Center, offering twenty-five academic degree programs and certified vocational programs. All classes are open to the public and all programs are accredited. He pointed out that one could obtain a master's degree without leaving the City of Jacksonville, adding that these opportunities exist for the citizens of Jacksonville at no facilities or staff costs. Mayor Swaim related that State Law provides that state funds cannot be used to build community colleges for capital improvements it would have to be provided by those communities through a bond issue and tax. He explained that citizens would have to vote to raise taxes to sponsor such an endeavor. b. ORDINANCE 1042 (#6-95) AN ORDINANCE AMENDING THE CITY OF JACKSONVILLE PERSONNEL POLICY MANUAL; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Personnel Director Michael Beeman related that this is a housekeeping measure to assure compliance with federal law. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Alderman Knight moved, seconded by Alderman Smith, that Ordinance 1042 be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Smith, to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing that the Ordinance be ACCEPTED ON FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Wilson moved, seconded by Alderman Ray, that the Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Wilson moved, seconded by Alderman Sansing, that the Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing, that the EMERGENCY CLAUSE BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton, voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1042 THIS 6th DAY OF APRIL 1995. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 6, 1995 7:00 P.M. - 8:00 P.M. Mayor Swaim related that due to the Engineering Department's efforts in the area of flood control, the City of Jacksonville has received in the Community Rating System a class nine rating along with an additional five percent discount in relation to the flood control program. He stated that this will be an area that is continually worked on commending the Engineering Department, Public Works and the Street Department. He state that we currently receive a 10 percent discount, APPOINTMENTS: Civil Service Appointment of Mr. Brad Ford for a term to expire 4/1/2001. Alderman Knight moved, seconded by Alderman Smith to approve the appointment of Mr. Brad Ford for a term to expire 4/1/2001. MOTION CARRIED. INSURANCE PROGRAMS Mayor Swaim requested volunteers to form a committee that would review a deferred tax savings plan and caferteria plan for the employees and make a recommendation at a later time to the Council. Alderman Ray volunteered. Mayor Swaim requested that the Council member give the matter consideration and get in touch with Paul Mushrush. PRE-SCHOOL Mayor Swaim related that the Day Care Center has not been closed as rumored. He stated that the decision to close is one belonging to a Parks & Recreation Department. He related that the Parks Commission will be addressing that issue and anyone wishing to express their feeling should contact the Parks Commission. ISO FIRE RATING Chief Ezell related that the City is in a good position and is ready to recieve its new ISO fire rating. ANNOUNCEMENTS: Mayor Swaim reminded the City Council of the Planning Seminar for 17 April 1995. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer