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95 JUN 01.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 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 June 1, 1995 at the regular meeting place of the Council. Alderman Lewis 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, and Keaton answered ROLL CALL. Alderman Twitty arrived at approximately 7:12 p.m. Present ten (10). Absent (0). Mayor Swaim also answered ROLL CALL and declared a quorum and 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, Public Works Director Skip Spears, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Finance Director Paul Mushrush, Chamber of Commerce Director Mickey Anders, Economic Development Director Phil Sullivan, Mrs. Colleen Black representing Pathfinders, Mrs. Judy Swaim and Mrs. Edith Smith, Mr. Doug Wilkinson, 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 May 18, 1995 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of May 4, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: DISCUSSION: Purchase of New Fire Apparatus Fire Chief Rick Ezell was introduced by Mayor Swaim to address the item of business. He remarked that for some time he and the Mayor have been discussing the purchase of a new fire truck. He informed the Council that the truck to be replaced has a gas burning engine and is approximately eighteen years old. He said that it is in the shop quite a bit and is less dependable than it 1 should be. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 P.M. He pointed out that state insurance premium turnback funds amounting to approximately $60,000.00 from Act 833 are available to be used toward the purchase of the truck and that additional funds will come in by the time it takes to make the purchase making approximately $80,000.00 available by the time payment of approximately $175,000.00 will be due. He related that most of the fire trucks now are diesel adding that the truck would be built on a freightliner frame. He presented a picture of the proposed purchase. He said only two pumpers of the five in the department are gas, the others are diesel and that there are no plans to sell the one being replaced in that an adequate reserve of trucks will be maintained. He said that there is also an aerial truck and one reserve truck which is twenty years old, a seventy-five model. He pointed out that all pumpers have to pass an annual certification test conducted by ISO, that the pumper which is eighteen years old will have to be graded and that insurance ratings will be affected by the results. Mayor Swaim pointed out that Harrison, Texarkana and Little Rock are using the same type of fire truck that the city proposes to purchase and are very pleased with the equipment and cost. Alderman Smith moved, seconded by Alderman Keaton that the Fire Department go out for bids for a new fire truck. MOTION CARRIED. Mayor Swaim pointed out that the department has been conservative in the purchase of equipment adding that present equipment is not unsafe and that there is a reserve unit. POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 1045 (#9-95) AN ORDINANCE AMENDING VARIOUS JACKSONVILLE MUNICIPAL CODE SECTIONS (18.08, 18.20.020, 18.24.030, 18.26.030, 18.28.030, 18.32.030, 18.36.030, 18.38.030, 18.44.030, 18.48.030, 18.52.030, 18.56.020, 18.60.030) SETTING FORTH REQUIREMENTS FOR CONDITIONAL USES IN 2 VARIOUS ZONING CLASSIFICATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 P.M. City Attorney Bamburg pointed out that changes regarding conditional uses need to be made in the Jacksonville Municipal Code. He related that the Planning Commission is now giving consideration to several changes in the zoning section of the Code. He pointed out that there are very few items listed under conditional use in any zoning and that, technically, they need to be so that the Planning Commission and the Board of Adjustment can grant authority for that type of use in that particular area property. He said that the Ordinance before the Council addresses one area of the Code in particular because there are some concerns about some activity that needs to be addressed immediately. He noted a list prepared and distributed to the Planning Commission which will be presented to the Council by Ordinance in the very near future with regard to the Child Care situation. He said that the present Code was fixed by Ordinance in 1969 and that "Day Care" facilities were not particularly addressed at that time. He pointed out that the ordinance will permit the care of nursery and school aged children to be cared for as well as give industry opportunity to incorporate day care with their businesses. He said that the matter of permitting "Day Care" operations would have to go before the appropriate body after this action by the City Council pointing out that safety factors and health and welfare would be among the main focus in the decision making process in allowing the conditional use. Alderman Wilson moved, seconded by Alderman Smith, that the Ordinance be placed 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 read FIRST TIME by City Attorney Robert Bamburg. Alderman Knight moved, seconded by Alderman Smith, to 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. 3 Alderman Smith moved, seconded by Alderman Lewis that the Ordinance be ACCEPTED ON FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 P.M. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Sansing 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, 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 Ray moved, seconded by Alderman Knight, that the Ordinance be placed 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 ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Smith moved, seconded by Alderman Ray, that the 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. Alderman Smith moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE 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 APPROVED AND ADOPTED AND NUMBERED 1045 THIS THE 1ST DAY OF JUNE 1995. GENERAL: a. Presentation by Chamber of Commerce Mr. Doug Wilkinson introduced Mr. Mickey Anders, Executive Director for the Chamber of Commerce. He made mention of a directory distributed by Mr. Anders to each Council Member and a brochure, advertising the City of Jacksonville, which is a product of approximately a years work by many interested persons in the Jacksonville area. He complimented Marlene Adelman of the Air Scoop for her professional efforts in the preparation of the 4 brochure. He said that enough money was raised in the business community to pay for the brochure. Mr. Anders presented the Mayor with numerous copies of the brochure for distribution in his efforts to advertise Jacksonville. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 P.M. Mayor Swaim noted that it may be that the City can help to provide postage in distribution of the brochure. b. DISCUSSION: Authorization to Purchase Specific Investments Resolution 482 (#6-95) A RESOLUTION AUTHORIZING THE FINANCE DIRECTOR, CITY CLERK, OR MAYOR TO INVEST AND/OR TRANSFER CITY FUNDS IN ORDER TO MAXIMIZE THE RATE OF RETURN; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Smith that Resolution 482 be read. MOTION CARRIED. Mayor Swaim pointed out that changes in procedure and rules are always taking place adding that maximum security has been the policy of the City in secured, guaranteed, backed accounts. He also pointed out that an opportunity to gamble with any funds is not being given with passage of the resolution. Alderman Knight moved, seconded by Alderman Smith that Resolution 482 (#6-95) be APPROVED. MOTION CARRIED. NON AGENDA: Mayor Swaim made note that information from the Economic Development Department was distributed as an information item from Mr. Phil Sullivan. NON AGENDA: Mayor Swaim related that he felt the City Council should discuss proposed changes which may be made by the Pulaski County School Board with regard to RESOURCE OFFICERS. He pointed out that he has major concerns which he has expressed to the administration of the School Board and Alderman Ray. He related that not all levels in the Jr. High have experienced the DARE program yet and that he and Police Chief Hibbs agree that it makes a difference with youth. He stated that he felt the program needed to continue in the elementary and high schools. He asked the Council to provide leeway to work with the School Board 5 concerning the matter. He stated that it is a worthwhile program that is working for juveniles. Alderman Ray who is also president of the School Board, related that the DARE program, which is funded through the school districts, does not have the funding as in the previous year. He related that as a result the school districts have recommended CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 1, 1995 7:00 P.M. - 7:40 P.M. funding the resource officer in Jr. High only. He pointed out that other mayors share the same concerns and opinion that the program should continue in all levels of education. He stated that he would convey that message to the School Board at the next meeting. He added that he would like to see the City of Jacksonville fund the program to remain at the same level previously funded. Other opinions were expressed including that infiltration of gang activity occurs in the lower grades and that the early school years are the formative years and most effective for reaching the children and making a positive effect. The sentiment of most members of the Council was that the resource officers need to remain in all levels. Chief Hibbs related that there has been a good response from the program and that any restriction to the program defeats its purpose. Alderman Wilson related that if the School Board makes changes district wide concerning the program, the City should be allowed flexibility with regard to any addition or betterment for the City of Jacksonville. Alderman Ray expressed appreciation for comments made and assured the Council that he would carry the sentiment of the Council back to the School Board at the next meeting. APPOINTMENTS: ANNOUNCEMENTS: Joint meeting of the City Council and Planning Commission 15 June 1995. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:40 p.m. Respectfully, ___________________________ ____________________________ 6 Lula M. Leonard MAYOR City Clerk-Treasurer 7