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96 DEC 05.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on December 5, 1996 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, Ray, Wilson, Fletcher, Williamson, Keaton, and Twitty answered ROLL CALL. PRESENT NINE (9), ABSENT (1). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Mayoral Assistant Mark Powers, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Coordinator Murice Green, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, Director of Economic and Community Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Aldermen Elect Kenny Elliott and Bill Howard, Jacksonville Attorney Ben Rice, Mark Goodsell, Purchasing Agent Liz Tuck, Parks and Recreation Director Zack Rowan, Mrs. Robert Lewis, Mrs. D.D. Hibbs, other City employees, petitioners, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of November 21, 1996 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 November 7, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Animal Control Regular Monthly Report/November Alderman Wilson moved, seconded by Alderman Williamson to APPROVE the monthly Animal Control Report for November 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 817.00 SECURITY DEPOSITS..........................$ 125.00 TOTAL..................................... $ 942.00 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: RESOLUTION 493 #8-96 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS APPROVING THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE FOURTEENTH YEAR ENTITLEMENT INCREMENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MAKING CERTAIN REQUIRED CERTIFICATIONS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROGRAM MATERIALS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT. Mr. Phil Sullivan related that including input from several public hearings the CDBG projection for 1997 is $12,500.00 for phase one of the Spring Street Reconstruction from Main Street South to Oak Street; $15,000.00 for housing assistance grants; $21,000.00 earmarked for drainage improvements at Fireman's Park; $55,000.00 for a new gym floor at the Boys Club; $92,700.00 - Housing Rehabilitation; with 20% of $339,000.00 covering administrative cost. Alderman Knight moved, seconded by Alderman Wilson to Read Resolution 493. MOTION CARRIED. At which time Resolution 493 was read by City Attorney Bamburg. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the resolution in its entirety. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Lewis to approve Resolution 493. MOTION CARRIED. b. Contract Renewal for the Elderly Activities Program. Mayor Swaim related that the contract specifies the amount of expenditures which primarily supports the leveraging for matching funds. Alderman Ray moved, seconded by Alderman Smith to accept the renewal of contract for the 1997 Elderly Activities Program. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. c. PRESENTATION: Coalition for Educational Excellence by Mr. Dave Wheeler. Mayor Swaim related that Mr. Wheeler is out of town. d. ORDINANCE 1072 (#20-96) AN ORDINANCE ADOPTING A BUDGET FOR 1997; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT, FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. [COVERS: GENERAL FUND OPERATIONS, STREET DEPARTMENT, SANITATION FUND, AND PARKS.] Alderman Smith moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, 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 Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Mayor Swaim related that estimated funds available are: General Fund - $ 8,472,701.00 Street Fund - $ 1,757,965.00 Sanitation Fund - $ 995,339.00 Alderman Knight moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, 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 Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, 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 Bamburg read the Ordinance for the Second Time. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. A brief discussion revealed that sales tax collected for the County was less than the same time last year, which is in step with the national numbers experiencing a downward trend. He stated that the City Sales Tax has continued to grow at a better rate than County and is currently at a ten percent growth. He pointed out that last years sales tax was budgeted for 6% growth and that this years is budgeted for a four percent growth; which takes 1997 into consideration; an anticipated decline in sales tax growth due to the opening of a Wal-Mart Store in another area outside the City of Jacksonville. Alderman Knight moved, seconded by Alderman Williamson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson, that the Emergency Clause be attached to Ordinance 1069. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, 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 1072 THIS THE 5th DAY OF DECEMBER 1996. e. ORDINANCE 1071 (#19-96) AN ORDINANCE AMENDING CERTAIN PROVISIONS OF THE JACKSONVILLE ANIMAL CONTROL CODE AND JACKSONVILLE MUNICIPAL CODE § § 6.04, 6.08, AND 6.12; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim requested that the Council review the proposed changes and prepare to pass the ordinance at the next regularly scheduled Council meeting. Alderman Knight agreed, pointing out that the ordinance is a major housekeeping effort. She requested that the same information given the local veterinary clinics be provided to the Alderman for their review before the next regularly scheduled City Council meeting. Public Works Director Murice Green related that over the last year comparisons with population and work force were made pointing out that the objective is to increase the adoption rate and decrease the number that have to be put to sleep. He related that another CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. employee will be added to the staff adding that one of the changes addressed in the ordinance is that the Code Enforcement Officers as being part of the Animal Control authority. He related the following as items addressed in the ordinance: (1) expanding the definition of "nuisance" and adding verbiage under "abandoned animals", hopefully to encourage people to take responsibility of ownership before relinquishing unwanted animals to the Animal Shelter, (2) appeals to be handled through the Mayors office instead of Municipal Court, (3) animals for disability purposes have been clarified, and (4) deposits have been waived in order to help people more readily be able to adopt the animals. He related that the sections dealing with livestock and fowl were first drafted in 1965 and earlier, adding that much of the material is now outdated and needed to be re-worked. He noted that raccoons have been added to wild life protection relating that the material would not conflict with the beaver control efforts and that area veterinarians have been consulted for input. Alderman Knight stated that area veterinarians are in favor of re-working the ordinance which will take Animal Control a giant step forward. She related that some of the communities which carry better numbers than Jacksonville are supported by a volunteer staff with interest from their communities. She related that raising funds will take the cooperation of volunteers in this community. Alderman Fletcher related a positive experience regarding the adoption of a family dog. Alderman Knight moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, 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 Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Alderman Knight moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Ray voted NAY (0). Motion received eight (8) affirmative votes, (1) negative votes. MOTION CARRIED. Mayor Swaim related that the Ordinance will be on the December 19, 1996 Regular City Council Agenda for action of the Council. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. DEVIATION IN AGENDA: CDBG RESOLUTION 493 (#8-96) Mr. Phil Sullivan acknowledged that a mistake was inadvertently made with regard to Resolution 493 (#8-96), approved earlier by the Council, and requested that a correction, the addition of $75,000.00 for business assistance job creation be made to the Resolution. Alderman Smith moved, seconded by Alderman Lewis to amend Resolution 493 (#8-96) by including $75,000.00 in job creation assistance making the total funding amount $ 339,000.00. MOTION CARRIED. SIDEWALK CONSTRUCTION AND CURB CUTS. Mayor Swaim related that bids for curb cuts were accepted at the previous regularly scheduled City Council meeting. He said that after a review of Street Department funds the City feels that there can be a significant number of curb cuts at the low bid price submitted and accepted for said work. He asked the Council to consider suspending the rules and placing the item of business on the agenda. He related that the City would like to take advantage of the low bid price rather than wait for next years higher prices. Alderman Knight moved, seconded by Alderman Lewis to suspend the rules and place on the agenda an item to increase funding to existing contract for curb cuts and sidewalk ramps for handicap access. MOTION CARRIED. Mayor Swaim requested authority from the Council to spend up to but not exceed the $100,000.00 budgeted amount for sidewalks and repairs for the year 1997. He related that some of the areas will require small modifications. He suggested that Council could grant $75,000.00 for additional curb cuts if they so desire adding that the request is to allow the City to extend the low bid contract. Alderman Knight moved, seconded by Alderman Smith to allow the City to extend the low bid contract up to but not to exceeding the amount budgeted for curb cuts and sidewalk ramps for handicap access. Discussion ensued regarding a list of sidewalk locations. Mayor Swaim offered that because of the ADA requirements, over the years improvements have been geared to the central business area and this will allow branching out of the central business area and allow main sidewalks where people are traveling the most. He related that under ADA regulations, construction on any street requires a ramp as part of the agreement. He related that ADA ramps will be required for all sidewalks in the future. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 5, 1996 7:00 P.M. - 7:45 P.M. APPOINTMENTS: RESIDENTIAL HOUSING FACILITIES BOARD Mayor Swaim related that the Residential Housing Facilities Board has recommended the re-appointment of Mr. Doug Wilkinson for another term. Alderman Wilson moved, seconded by Alderman Knight to approve the re-appointment of Mr. Doug Wilkinson to the Residential Housing Facilities Board for a term to expire 10/24/2001. MOTION CARRIED. ANNOUNCEMENTS: CARE CHANNEL Mayor Swaim related that Mr. Jim Schmitt, Care Channel Director; is looking for City affiliated volunteers to ring the bell to raise funds. CITY HALL OPEN HOUSE from 1:00 p.m. - 4:00 p.m. December 13, 1996. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:45 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer ___________________________ Susan L. Davitt Deputy City Clerk