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98 DEC 17Budget.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DR. The City Council of the City of Jacksonville, Arkansas met in Regular Session on December 17, 1998 at the regular meeting place of the Council. Alderman Howard delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, City Clerk Elect Susan Davitt, Human Resource Director Steve Ward, City Engineer Duane Reel, Finance Director Paul Mushrush, Purchasing Agent June Brown, Public Works Director Murice Green, Parks and Recreation Director George Biggs, Police Chief Larry Hibbs, Fire Chief John Vanderhoof, Mrs. Judy Swaim, Mrs. Dee Dee Hibbs, employees from the Street, Police and Fire Department, members of press from The Jacksonville Patriot Editor and the Leader Newspapers, and interested citizens. 7:00 p.m. PUBLIC HEARING ORDINANCE 1112 (#22-98) AN ORDINANCE VACATING AND CLOSING NIXON AND THOMAS STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: THE PORTIONS OF NIXON AND THOMAS STREET LYING EAST OF BAILEY BOULEVARD); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:01 p.m. Attorney Ben Rice commented that the Belz-Burrow Development Group has acquired property east of Bailey Blvd. and north of John Harden Drive between Comfort Inn and Hampton Inn. He related that the development group is in the process of developing a Wal-Mart Super Center and that part of that process in accordance with Arkansas State Law will be to close two undeveloped streets located within the acquired property. He related that all property owners adjacent to those streets have signed a petition in favor of said closing and that a certified copy of the plat is on file in the office of the City Clerk. He introduced Mr. Dennis Zolper who represented the developer. Mr. Zolper showed the Council the location of the streets to be closed and related that property on both sides of Nixon Street and property south and north of Thomas Street is owned by the 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. developer. He said that a family on the north of Thomas owns some of Thomas. He related that as an internal street, a large development requires the closing of those streets. He related that with regard to easements the utilities will be relocated at the expense of the developer with new easements granted to the City. Alderman Fletcher questioned access to the property from Bailey Street. Mr. Zolper replied that there will be no access to the residential area of any kind. He then related that the developer wishes to close Bailey Street, if that is agreeable with the adjoining property owners, on the west side. In response to a query from Mayor Swaim regarding the division of property if the street is closed, Mr. Zolper related that the developer will use a portion for a landscaping buffer consisting of a berm with trees and a wooden fence to help soundproof and hide the rear of the building; adding that as a matter of record any property that is not used in the landscape development will be deeded to the adjacent property owner. Alderman Sansing raised questions concerning drainage. Mr. Zolper related that engineers for the developer have addressed the drainage and will be using a regional detention basin concept, knowing a berm may act like a dam, the drainage has been structured so that it will take care of the western portion through the property either to the north or south. He stated that plans forthcoming will be submitted to the City showing more than adequate attention given to drainage concerns. He stated that the site plans will go through the Planning Commission process with approval from City Engineer. Alderman Fletcher stated that his main concern is the traffic situation on John Harden, making it hard for him to vote for the issue before those concerns are addressed. Mr. Zolper stated that a traffic engineer has performed a traffic study as required and submitted that study to the Arkansas Highway and Transportation Department. He related that the site and plans have been reviewed and will be forwarded a certain agency within the Highway Department for further review and comment, which is to be brought back to the City of Jacksonville for a recommendation. He reminded the Council that John Harden is a State frontage road, and there is nothing that can be done without the permission of the Arkansas Highway and Transportation Department. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Alderman Fletcher further expressed a lack of willingness to commit until concerns are answered. In response to a query from Alderman Lewis, Mr. Zolper related access will strictly be off John Harden Drive with two entrances one to the north and one from John Harden onto where Parrish Street is now located. The Parrish Street entrance would be used by delivery trucks. He then related that this particular super center is a two-dock concept, one dock to the north where very few residences are located and the other dock area to the south. He further explained that the trucks would come in off Parrish going into the south dock in a typical truck turn around concept and the north dock would enter off Parrish, go to the back of the store using the truck turn around to the north, backing in and out from behind the store and onto Parrish. Discussion ensued as to the loading and unloading of delivery trucks and it was determined that there would be no activity directly at the back of the store. Alderman Howard concurred with Alderman Fletcher regarding the traffic situation. In response to a query regarding signals and a third turn lane from Alderman Wilson, Mr. Zolper replied that while the developer will bear the cost, all improvements will be as determined by the Arkansas Highway Department. He continued by saying that when independent engineering traffic studies are submitted to the Highway Department, after review, their own engineers conduct a study and then inform the developer as to what will be done. Mr. Zolper acknowledged that any decisions for traffic improvements by the Arkansas Highway Department will be done without question. He then related that if the developer submitted plans they felt were in the very best interest of traffic concerns, the Arkansas Highway Department can reject them at their own discretion. He stated that "we do what we are allowed to do and that is all we can do", adding that it is an expense exclusively born by the developer in its cost of construction. He stated that construction on the center could not begin until a determination is made by the Arkansas Highway Department. Mayor Swaim related that traffic concerns by the City have been expressed in writing to the Arkansas Highway Department and to the developer through the office of the City Engineer. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Mr. Zolper related that all approvals from different entities must be obtained prior to any construction beginning and that there are a number of checks on the ability to develop the property. He returned to the original request and stated that platted roads in a large-scale development must be addressed as a matter of practical issue because a title company will not issue a title as such. It was noted that the Arkansas Highway Department has not made a recommendation as yet. Mr. Zolper related that the land will be developed and currently the purpose is for a Wal-Mart Super Center, adding that the land could be used in a different development. Alderman Fletcher questioned a feasibility study, Mr. Zolper related that the traffic study was conducted by Mr. Ernie Peters from Little Rock and predicts that there could be a total of 16,000 cars in a 24 hour period, further broken down by the hour in the report supplied to the Council. In response to a query from Alderman Sansing, Mr. Zolper related that his development company developed the shopping center adjacent to the Wal-Mart Super Center in Cabot. He then related his company sold land to Wal-Mart who in turn self-developed the super center. He stated that he believes that since Wal-Mart self- developed, he doubts that a traffic study was conducted. Alderman Sansing further expressed concerns for the same type of traffic problems being experienced in the Cabot area. Mayor Swaim encouraged further input from the audience. Mr. Timothy Rounsville of 1619 Johnson read from a prepared statement in opposition of the development. He clarified that according to the City of Jacksonville zoning requirements as confirmed by the City Clerk, the permitted zoning for the Super Center would be C-2, which would require a conditional use for the application in a C-3 zone. He stated that if the conditional use clause is part of the ordinance being considered by the Council, he is requesting that it be stricken from the proposed ordinance, which is supported by the fact that all postings indicated this ordinance would convert the area from C-3 with restrictions to C-3 without restrictions; those restrictions being defined in Ordinance 923. He secondly requested that the proposed ordinance be deemed invalid and legally incorrect and thus should be 4 disapproved. This CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. contention is in accordance with Ordinance 923, more specifically regarding paragraph three of the attached contract between the City of Jacksonville and the Parrish Street Partners that clearly states that the City of Jacksonville has held a public hearing and is satisfied that said zoning request is valid only if the partners agree to develop and construct townhouse apartments on the property zone R-3 in order to provide a buffer zone. He related those townhouse apartments will not be constructed to the specifications or by the partners, as a result the ordinance becomes invalid and said area should have reverted back to R-3. Thirdly he requested that again the proposed ordinance be disapproved on the basis that forfeits or weakens the legal position in Ordinance 923 that maintains the quality of the residential district adjacent to area in question. He stated that quality is defined by but not limited to such items as current or more levels of safety to ensure the well being of the children at Warren Dupree Elementary and the general neighborhood; current or better property values; current or less levels of vehicular traffic; current or better drainage; current or lower levels of sound pollution; current or better aesthetics; current or less pedestrian traffic; and current or lower levels of light pollution at night. In conclusion Mr. Rounsville states that purpose and passage of Ordinance 923 is to maintain quality of the adjacent residential area. He believes that purpose would be compromised by the development of the Wal-Mart Super Center. Mr. Billy Bowles of 504 Parrish stated that he is located at the rear of the proposed development and that he agrees with the information presented by Mr. Rounsville. He stated that as a resident in that location he feels it will be impossible for the construction and operation of a Wal-Mart Super Center without complete disturbance of the residents. He stated that he understands the political issue given the consideration of funds Wal-Mart can bring to the community, however, it should not be at the expense of the residents or the City. He said that the current Wal-Mart is probably the most prosperous retail business in the City and that it is a known fact that the street and the property around Wal-Mart was re-challenged simply because of the location of the store. He stated that he could not understand why the City would be willing to re-invest in the same type project of that undertaking, referring to the widening of Loop Road. He stated that he has a personal stake in this project citing the noise and traffic, adding that nothing will shield the neighborhood from the project. He spoke un-officially as a school official, stating 5 that child education should be offered in a safe and quiet environment. He stated that children who live less than two miles from the school must walk to school which he feels brings up issues of CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. safety regarding traffic. He raised questions regarding the importance of safety for the children, stating that the less interruption the better their education. He related that no matter the outcome he feels better for having made his comments. Ms. Bonita Round of the Jacksonville Chamber of Commerce spoke in favor of the Super Center citing that 300 new jobs will help the economic strength of the community. She stated that Wal-Mart has confirmed that the proposed center will carry 600 employees. The U.S. Chamber of Commerce stated that for every 100 new jobs created another 64 people will become employed as a result of the ripple effects on the economic bring the net result of approximately 450 new jobs to Jacksonville. Wal-Mart has determined that it would be profitable for one of its largest centers, adding that from a Chamber perspective it would be profitable to Jacksonville's economy. Ms. Virginia Reed, resident of the corner of Gregory and Johnson Street, spoke as a retired elementary school teacher stating that she sees many children walking to and from school, adding that she has witnessed many near accidents due to Gregory Street having a blind hill already making it hazardous coming from Johnson Street. She cited existing traffic conditions and expressed concerns for the widening of Gregory and the existing buffer. She read a news flash from the internet regarding criminal activity surround "big box stores", which depicted safety issues for young people. She stated that these news flashes are usually covered up by storeowners. She stated that while she has no objection to Wal- Mart stores, she does not want the Super Center in her neighborhood; adding that there is much more available property in the City. Ms. Kathy Wadekamper of 532 Ricky Raccoon stated that even though she is not located near the proposed super center she is opposed to the construction because of the conditions regarding traffic and aesthetics. Ms. Judy Garrett of 509 Welham stated that she also is opposed to the construction of the Wal-Mart Super Center, adding that the reason she purchased her home was because of the adjacent wooded area. Mr. Gerald Worley of 802 Gregory Street questioned the feasibility of a store that large in the City that will not have to close 6 either the Cabot or Landers Road store in order to support itself. He questioned the available customers for a store of that size and suggested an addition to the existing Wal-Mart. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Mr. Kyle Coat of 515 Hapsburg stated that he and his family are opposed to the development and expressed desire to see the neighborhood remain the same. He stated that he is also a business owner in the City, and fears he will lose his business as small businesses are forced to compete with big business. He said he would be living three doors down from the proposed south end loading dock, expressing concerns for the noise, concluding with definite opposition to the proposed development. Mayor Swaim asked for further input from the audience and hearing none closed the public hearing at approximately 7:53 p.m. In response to a question raised by Alderman Smith, City Attorney Bamburg related that closing and vacating Nixon and Thomas is the subject of the current public hearing, adding that Ordinance 1113 also on the agenda addresses re-classifying the property to address restrictions that were placed on the zoning. He stated that C-3 zoning allows as a conditional use for other commercial zoning such as C-1 and C-2. He stated that operation of a shopping center is listed as C-2 and the Planning Commission would address the issue of a conditional use at the proper time. It was then clarified that Ordinance 1113 addresses a small portion of the property approximately 120 feet in a rectangle format close to the residential area. City Engineer Reel related that the property is 120 feet wide running east and west, lying between Parrish and Nixon Street 280 feet north and south located in the southwest quadrant of the proposed development. Mayor Swaim proposed the focus to be Ordinance 1112, the closing of Nixon and Thomas Street. Alderman Ray moved, seconded by Alderman Wilson to place the Ordinance on FIRST READING. Alderman Sansing stated that the closings are absolutely essential to the development and that if the streets are not closed it could adversely affect the project. City Attorney Bamburg addressed the issue of blocking the closing. He stated that while the Council is the body to close or vacate a 7 street, there needs to be articulate assessments for their decision. He related that those assessments could be questioned later in court. He said those articulate assessments need to be clear. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Alderman Sansing said that the reason for not closing those streets would be consideration of keeping the neighborhood whole, not to encroach on the living standards of the neighborhood, and listen to the area citizens. Alderman Keaton stated that because of his concerns regarding the traffic issues he is unable to support the ordinance. He questioned if their plan of ingress and egress is good traffic management, pointing out that the existing Wal-Mart store has three points of entrances and still experiences traffic problems. As discussion ensued it was pointed out by Alderman Wilson that the store would have two points of entrance both to be used by cars and one for delivery trucks. It was noted that those entrances are at least 500 feet apart. City Engineer Reel related concerns for the drainage and erosion as well as traffic regarding a facility of this size and that he would not consider bringing the item of business before the Planning Commission without John Harden Drive being widened to at least a three lane facility with a left turn lane. He related that traffic counts at the existing Wal-Mart are currently being conducted to obtain information regarding improvements. He stated that he has serious reservations regarding the present traffic study as presented to him and is currently composing a letter to the Chief Engineer of the Arkansas Highway Department expressing those concerns. He stated that it will be a back and forth letter writing process of which he does not intend on yielding until his reservations and concerns are adequately addressed. It was clarified between Alderman Wilson and City Engineer Reel that even if the street was never dedicated, the City would still maintain control over the development based on traffic, drainage and other issues. He further clarified that if the ordinance is passed the City in no way forfeits development control of the project. Alderman Smith moved, seconded by Alderman Keaton to table the ordinance. Alderman Sansing stated that he would prefer the ordinance be rendered dead. 8 Mayor Swaim clarified that a motion to table is not debatable. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Keaton and Howard voted AYE. Aldermen: Sansing, Ray, Wilson, Fletcher, Williamson voted NAY. Motion received five (5) affirmative votes, five (5) negative votes. Mayor Swaim explained that he has the ability to cast a yes vote or not vote at all. Mayor Swaim voted AYE. MOTION CARRIED. Discussion clarified that the ordinance is now tabled and will come back to the City Council after further information with no set time for that to occur. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of 10 December 1998 to the City Council for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Elliott moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 19 November 1998 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT/NOVEMBER Alderman Lewis moved, seconded by Alderman Sansing that the Regular Monthly Report of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $62,500.00 for the month of November) ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY 0. MOTION CARRIED. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PUBLIC WORKS DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: a. ORDINANCE 1113 (#23-98) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LYING BETWEEN PARRISH, NIXON, AND JOHN HARDEN DRIVE, OF THE MAIN GATE DEVELOPMENT, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. 9 Alderman Ray moved, seconded by Alderman Wilson to place the Ordinance on FIRST READING. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. In response to a query from Alderman Sansing, City Attorney Bamburg related that the ordinance is part of development plans for the Wal-Mart Super Center. . ROLL CALL: Aldermen: Howard, Keaton, Wilson, Ray, Smith, and Elliott voted AYE. Aldermen: Williamson, Fletcher, Sansing, and Lewis voted NAY. Motion received six (6) affirmative votes, four (4) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Wilson to ACCEPT the Ordinance on FIRST READING. In response to comments from Alderman Sansing and a query from Alderman Elliott, City Attorney Bamburg related that the ordinance that reclassified the property as C-3 with restrictions must have the restrictions removed because of the attached contract. It was further discussed whether the rezoning to C-3 was contingent on the completion of the contract and City Attorney Bamburg related that the restriction applies to the property because it was rezoned to C-3 with stipulations for development, now it is being requested that those restrictions be lifted. Alderman Elliott stated that he feels there are still some questions regarding the development and that it should not be addressed at this time. ROLL CALL: Aldermen: Ray, and Wilson voted AYE. Aldermen: Elliott, Smith, Lewis, Sansing, Fletcher, Williamson, Keaton, and Howard voted NAY. Motion received two (2) affirmative votes, eight (8) negative votes. MOTION FAILED on FIRST READING. b. ORDINANCE 1110 (#20-98) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 18.22; AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE; CREATING AND ADOPTING AN OVERLAY DISTRICT FOR AFFORDABLE HOUSING (AHOD) WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Keaton moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. 10 City Attorney Bamburg recapped the ordinance stating that it provides for the creation of an affordable housing overlay district, adding that it authorizes the Planning Commission to create districts within the City dependent upon the circumstances of particular areas and assisting in the placement of either CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. manufactured or modular housing units. He stated that particularly manufactured housing units must be multi-sectional, adding that modular housing units must meet the Jacksonville Municipal Code and be orientated in the manner consistent with the existing residential area. He said it allows the Planning Commission to study area growth patterns while maintaining control over housing type going into an area of the overlay district. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Keaton to dispense with the reading of the ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard 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 Fletcher, moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney 11 Robert Bamburg. Alderman Fletcher moved, seconded by Alderman Ray, that the Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1110 THIS THE 17th DAY OF DECEMBER, 1998. c. ORDINANCE 1111 (#21-98) AN ORDINANCE AMENDING JMC §§ 18.16.020, 18.24.030, 18.26.030, 18.28.030, 18.32.030, 18.36.030, AND 18.38.030 PROVIDING FOR CERTAIN CONDITIONAL USES IN VARIOUS ZONES WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Keaton moved, seconded by Alderman Ray to place the Ordinance on FIRST READING. City Attorney Bamburg informed the Council that the ordinance creates additional conditional uses that can be provided for by the Planning Commission under residential zoning classifications. He related that in comparison to other municipalities, the City was limited in its conditional allowances and that the Planning Commission will review these requests by public hearing. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Keaton to DISPENSE with the reading of the ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to suspend the 12 rules and place the Ordinance on SECOND READING. Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the Second Time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Alderman Lewis moved, seconded by Alderman Ray, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Lewis moved, seconded by Alderman Ray, that the Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1111 THIS THE 17th DAY OF DECEMBER, 1998. GENERAL: b. Budget Presentation Mayor Swaim referred to the scheduled budget meeting held prior to the regular City Council meeting. c. ORDINANCE 1100 (#10-98) AN ORDINANCE PROVIDING A SEVEN PERCENT (7%) PAY INCREASE FOR THE JACKSONVILLE POLICE DEPARTMENT PER THE INITIATIVE PETITION APPROVED BY REGISTERED VOTERS OF JACKSONVILLE, ARKANSAS AT THE NOVEMBER 3, 1998, GENERAL ELECTION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Sansing moved, seconded by Alderman Williamson that given consideration for a seven 7% percent pay raise to all City employees has been proposed, he would like to withdraw Ordinance 1100 at this time. Discussion ensued as to what would happen to the ordinance if removed from the agenda. It was noted that other items outside the seven percent pay raise may need to be addressed. 13 Alderman Ray moved, seconded by Alderman Lewis to call for question. MOTION CARRIED. ROLL CALL: Aldermen: Lewis, Sansing, Wilson, Fletcher, Williamson, and Keaton voted AYE. Alderman Elliott, Smith, Ray and Howard voted NAY. Motion received six (6) affirmative votes, four (4) negative votes. MOTION CARRIED and Ordinance 1100 was withdrawn at this time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. d. ORDINANCE 1101 (#11-98) AN ORDINANCE IMPLEMENTING A PAY SCALE FOR THE JACKSONVILLE POLICE DEPARTMENT PER THE INITIATIVE PETITION APPROVED BY REGISTERED VOTERS OF JACKSONVILLE, ARKANSAS, AT THE NOVEMBER 3, 1998, GENERAL ELECTION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Sansing moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, to dispense with the reading of the ordinance in its entirety. MOTION DIES FOR LACK OF A SECOND. City Attorney Bamburg continued to read the Ordinance. Alderman Elliott moved, seconded by Alderman Wilson to amend paragraph one stating "said pay increase, scale, and evaluation are to include steps and grades based upon rank and years of service while maintaining the current level of benefits and number of employees within the Department," to read "said pay increase, scale, and evaluation are to include steps and grades based upon rank and years of service." also restated as amended in the body of the ordinance under SECTION ONE: Initiative Number Two. It was noted by City Attorney Bamburg that to affect the amendment it need only be amended under SECTION ONE. Discussion revealed that the amendment would not affect the development of a pay scale for the Police Department. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING as AMENDED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) 14 affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place the Ordinance on SECOND READING as AMENDED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance as amended for the Second Time. Alderman Sansing moved, seconded by Alderman Howard that Ordinance 1110 as AMENDED be placed on THIRD AND FINAL READING. A brief discussion ensued regarding a pay scale for all employees implemented by the salary consultant. It was noted that to properly fund the Sanitation Department a rate increase was passed which meant that additional funds will not have to be taken from the General Fund to subsidize that Department, leaving more funds for possible raises and that the increase was mainly necessary due to increased cost for disposal of waste. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard 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 Ray moved, seconded by Alderman Lewis, that Ordinance 1101 as amended be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1101 THIS THE 17th DAY OF DECEMBER, 1998. e. ORDINANCE 1102 (#12-98) AN ORDINANCE IMPLEMENTING A BI-ANNUAL EVALUATION OF PAY AND BENEFITS FOR THE JACKSONVILLE POLICE DEPARTMENT PER THE INITIATIVE PETITION APPROVED BY REGISTERED VOTERS OF JACKSONVILLE, ARKANSAS AT THE NOVEMBER 3, 1998, GENERAL ELECTION; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Lewis to place the 15 Ordinance on FIRST READING. Alderman Smith moved, seconded by Alderman Elliott to amend the the paragraph under the "Whereas", to delete the words "while maintaining the current level of benefits and number of employees within the Department;" and under SECTION ONE: Initiative Number Three, to strike the remaining wording after the word "and" in the seventh line and inserting the words "by two Council members and two Civil Service Commissioners members". CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Alderman Williamson suggested that the Police Chief have input. Alderman Smith amended the amendment motion to include the Police Chief as a member of the review process. Alderman Wilson stated that he felt all departments in the City need to be reviewed on a similar basis. Alderman Elliott concurred. Mayor Swaim related that the Ordinance is specific in nature and the issue of other department reviews should be addressed specifically within this Ordinance or at a later date. Alderman Wilson suggested that frequency of the reviews and what departments shall be included should be addressed prior to the vote on this Ordinance. Discussion ensued regarding addressing other departments in the motion and it was questioned whether there was need to address the issue in written form, given Council's commitment and support for a salary consultant who will address the issue later. A vote on the amendment was taken: ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Williamson, Keaton and Howard voted AYE. Aldermen: Wilson and Fletcher voted NAY. Motion received eight (8) affirmative votes, two (2) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. A vote on motion to place Ordinance 1102 on FIRST READING as AMENDED was taken: ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Keaton and Howard voted AYE. Aldermen: Wilson, Fletcher, Williamson voted NAY. Motion received seven (7) affirmative votes, three (3) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance as amended. Alderman Ray moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING as AMENDED. 16 Alderman Wilson noted in opposition that the Ordinance as presented should include all City employees. Alderman Lewis expressed concerns regarding the Ordinance as a mandate. Further concerns were expressed regarding the inclusion of all City employees. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. At this time there was a call for question from Alderman Sansing. ROLL CALL: Aldermen: Ray, Sansing, Smith, Keaton and Howard voted AYE. Alderman: Elliott, Lewis, Wilson, Fletcher, and Williamson voted NAY (0). Motion received five (5) affirmative votes, five (5) negative votes with Mayor Swaim choosing not to vote. ORDINANCE FAILS ON FIRST READING AS AMENDED. Mayor Swaim clarified that the Ordinance reverts back to its original presentation with the failure of passage. It was noted that regarding public vote the determination from the Arkansas Municipal League states that it may become law unless otherwise directed by the City Council. During clarification from the City Attorney it was related that Ordinance 1100 was not passed on first reading, the motion to withdraw passed and it was taken from the agenda. He stated that his view of enactment, differs from that of the Mayor, explaining that Ordinance 1100 requires expenditure of City dollars to enact a 7% pay increase for Police Department employees and that because it requires an enactment and expenditure it can only be approved by the City Council. He stated that initiative petitions cannot be enacted contrary to State law. Mayor Swaim related that the budget ordinance reflects the 7% increase in salary. City Attorney Bamburg stated that the budget ordinance he has prepared does not include the language from Ordinance 1100 other than salary amounts provided to him in the budget figures. Clarification was requested with regard to Ordinance 1102 and the five to five tie vote. It was clarified by the Mayor that a motion can bring the ordinance back. Clarification from City Attorney Bamburg was requested regarding the initiatives with or without expenditure of funds becoming law without City Council action. 17 City Attorney Bamburg supported his earlier views regarding expenditure of funds in an initiative action. He stated that he is in agreement with the Mayor's view regarding Ordinance 1102. Other discussion ensued regarding amendments to Ordinance 1102 and bringing forth further discussion regarding Ordinance 1100. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Mayor Swaim reiterated that as the City Attorney has concurred, Ordinance 1102 requires City Council action, adding that his contention is that Ordinance 1100 also requires clear action. Alderman Wilson moved, seconded by Alderman Fletcher to amend Ordinance 1102 Section One: under Initiative Number Three, third line beginning with the word "the" to eliminate through the end of the paragraph and insert "all City employees. Such review and evaluation will be conducted by the City Council in a manner they deemed appropriate". Alderman Sansing suggested the ordinance be acted upon as presented and used as a model for all City employees. City Attorney restated the amendment as follows" Initiative Number Three - BE IT ENACTED BY THE PEOPLE OF THE CITY OF JACKSONVILLE, ARKANSAS, AN ORDINANCE TO PROVIDE THAT THE CITY OF JACKSONVILLE SHALL UNDERTAKE TO EVALUATE THE CURRENT LEVELS OF PAY FOR ALL CITY EMPLOYEES WITH THE GOAL OF SUCH EVALUATION TO BE TO INCREASE THE CURRENT LEVELS OF PAY FOR SAID EMPLOYEES FOR SAID EVALUATIONS TO BE REVIEWED ON A BI-ANNUAL BASIS BY THE CITY COUNCIL IN A MANNER DEEMED APPROPRIATE. Discussion ensued and the wording of "on a bi-annual basis" was removed from the amended wording of the ordinance. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman: Sansing voted NAY (0). Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED as amended by SECOND AMENDMENT. Alderman Fletcher moved, seconded by Alderman Wilson to ACCEPT Ordinance 1102 ON FIRST READING as amended by SECOND AMENDMENT. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY (0). Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. 18 Alderman Keaton moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING as amended by SECOND AMENDMENT. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY (0). Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. Alderman Fletcher, moved seconded by Alderman Wilson that Ordinance be placed on THIRD AND FINAL READING as amended by SECOND AMENDMENT. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Fletcher moved, seconded by Alderman Wilson that Ordinance 1102 be APPROVED AND ADOPTED as amended by SECOND AMENDMENT. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Sansing and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1102 THIS THE 17th DAY OF DECEMBER, 1998. Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1100 on FIRST READING. Discussion ensued and the following motion was formulated. Alderman Elliott moved, seconded by Alderman Keaton that Ordinance 1100 be amended to state that a 7% pay raise will be provided to all City employees and striking specifically the following wording "while maintaining the current level of benefits and number of employees within the department" and also striking the language previously deleted from Ordinances 1102 and 1101 covering the pay scale and the bi-annual review. Discussion ensued and the City Attorney clarified that under Section Two, Ordinance 1100 provides that the 1999 General Budget Ordinance will have to include a 7% increase for all City employees following the amendment. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Wilson, Fletcher, 19 Williamson, Keaton and Howard voted AYE. Alderman Ray, Sansing voted NAY. Motion received eight (8) affirmative votes, two (2) negative votes. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1100 on FIRST READING as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Whereupon the Ordinance was read by City Attorney Bamburg as amended. Alderman Keaton moved, seconded by Alderman Lewis to dispense with the reading of Ordinance 1100 in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Lewis to ACCEPT Ordinance 1102 on FIRST READING as AMENDED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY (0). Motion received nine (9) affirmative votes, one (1) negative vote. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING AS AMENDED. Alderman Sansing stated that the people voted on Police initiatives not all City employees initiatives, adding that other departments need to have ordinances tailored for them. Discussion ensued and Alderman Sansing stated that he has problems with so many amendments to the Ordinances/initiatives so that it changes them from what the people originally voted on. ROLL CALL: Aldermen: Elliott, Smith, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Alderman Sansing voted NAY (0). Motion received eight (8) affirmative votes, one (1) negative vote. Alderman Lewis was not present for this vote or remaining roll calls. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance as amended for the Second Time. Alderman Smith, moved seconded by Alderman Keaton that Ordinance be placed on THIRD AND FINAL READING AS AMENDED. ROLL CALL: Aldermen: Elliott, Smith, Ray, Wilson, Fletcher, Williamson, 20 Keaton and Howard voted AYE. Alderman Sansing voted NAY. Motion received eight (8) affirmative votes, one (1) negative vote. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Wilson moved, seconded by Alderman Keaton that Ordinance 1100 be APPROVED AND ADOPTED AS AMENDED. ROLL CALL: Aldermen: Elliott, Smith, Ray, Wilson, Fletcher, Williamson, Sansing and Howard voted AYE. Alderman Sansing voted NAY. Motion received CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 1998 7:00 P.M. - 9:48 P.M. eight (8) affirmative votes, one (1) negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1100 THIS THE 17th DAY OF DECEMBER, 1998. ANNOUNCEMENTS: Mayor Swaim announced that Christmas Open House will begin at 1:00 p.m. 18 December 1998 in City Hall with presentation of City Employee Awards at 2:00 p.m. He encouraged the general public to attend. Alderman Sansing said that it has been an honor to serve the citizens of Jacksonville in the past eight years and expressed his interest in running for office in the future. Mayor Swaim announced that the next meeting of the City Council will be held 29 December 1998 at 7:00 p.m. to consider the 1999 budget. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 9:48 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk/Treasurer-Elect 21