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
1
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.
2
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
3
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
4
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,
5
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
6
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
7