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99 APR 15.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 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 April 15, 1999 at the regular meeting place of the Council. Alderman Ray 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, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty 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: Deputy City Clerk Melanie Green, City Attorney Robert E. Bamburg, Administration and Public Works Director Murice Green, Human Resource Director Steve Ward, Finance Director Paul Mushrush, Purchasing Agent C. J. Brown, Community Development Director Frank Rowland, Fire Chief Vanderhoof, Battalion Chief Bill Plunk, Parks and Recreation Director George Biggs, Justice of the Peace Mr. Dennis Sobba, Mr. Ben Rice, Mrs. Judy Swaim, Mrs. DeDe Hibbs, members of the press and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of April 1, 1999 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Elliott that the minutes of the Regular City Council Meeting of 18 March 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Lewis moved, seconded by Alderman Wilson to APPROVE the monthly Animal Control Report for March 1999. MOTION CARRIED. Report reflects the following: REVENUES .............................. $ 880.00 CONTRIBUTIONS ......................... $ .00 ADOPTIONS/FINES ....................... $ 880.00 TOTAL............................. $ 880.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. REGULAR MONTHLY REPORT/OECD Alderman Lewis moved, seconded by Alderman Wilson that the Regular Monthly Report for February and March, of Economic and Community Development Department be approved. Said report reflects: MONTHLY YR-TO DATE HOUSING REHABILITATION: Loan Applications (HOME) ................... 2 2 Grant Applications (CDBG) .................. 2 2 Emergency Handicap (CDBG) .................. 1 1 Warranty Repairs ........................... 0 0 Total Jobs Bid ......................... 5 0 Total Jobs Done ........................ 2 4 MONTHLY YR-TO-DATE Sewer line (Loans & Grants Applications Received ...................... 2 2 Total Jobs Bid ......................... 2 2 Total Jobs ............................. 2 2 Homebuyer Assistance Grant (HAG) MONTHLY YR-TO-DATE Application Received .......................... 2 3 Processed ..................................... 2 2 Total Approved ............................ 2 2 HOME BUILDING/RECONSTRUCTION: MONTHLY YR-TO-DATE Loan Applications Processed .................... 2 1 Grant Applications (CDBG Reconstruction) ....... 2 3 Pre-approvals Pending ...................... 2 2 Total Pre-approved Loans ................... 1 1 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard, voted AYE, NAY (0). MOTION CARRIED. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Lewis moved, seconded by Alderman Wilson to APPROVE the monthly Report for March 1999 of the Jacksonville Fire Department. Said Report reflects a fire loss of $29,000.00 and a Savings Total of $173,500.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Lewis moved, seconded by Alderman Wilson that the Regular Monthly Report for March of the Jacksonville Police Department be APPROVED. Said report reflects; Report Sales $278.00 making TOTAL COLLECTIONS: Not Listed. ASSESSED: Not Listed. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Compact Excavator Alderman Elliott moved, seconded by Alderman Smith to accept the low bid meeting specifications from Capital Ford New Holland in the amount of $21,589.00. MOTION CARRIED. Mayor Swaim noted that funds will be drawn from the Street Department Equipment Budgeted funds. PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: SANITATION DEPARTMENT: GENERAL: a. ORDINANCE 1119 (#5-99) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 18.66; AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE; CREATING AND ADOPTING AN OVERLAY DISTRICT FOR AREAS WITHIN THE FIVE (5) MILE PLANNING JURISDICTION AND/OR AFFECTED BY THE AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ); AND, FOR OTHER PURPOSES. Mayor Swaim related that this will be the second reading for the Ordinance. Alderman Ray moved, seconded by Alderman Smith to place Ordinance 1119 on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty 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. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. Mayor Swaim invited public comment and Mr. Lyndon Whitledge addressed the Council saying that he would like go on record in opposition to the Ordinance citing that he feels it is a violation of separation of church and state by regulating churches. Mrs. Una Piver stated that she is also opposed to the Ordinance, adding that it is unconstitutional. She said that she did not see how those who took an oath to uphold the constitution can vote for the Ordinance. Alderman Elliott moved, seconded by Alderman Lewis to Accept Ordinance 1119 on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Howard that Ordinance 1119 be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance 1119 read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Wilson moved, seconded by Alderman Gentry that Ordinance 1119 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1119 THIS THE 15th DAY APRIL 1999. b. RESOLUTION 518 (#5-99) A RESOLUTION EXPRESSING SUPPORT OF THE CONTINUATION OF HOME GAMES AT WAR MEMORIAL STADIUM IN LITTLE ROCK, ARKANSAS, BY THE UNIVERSITY OF ARKANSAS RAZORBACKS' FOOTBALL TEAM; AND, FOR OTHER PURPOSES. Mayor Swaim related that mayors in the central Arkansas area are trying to generate more use of the central community for major events in the Little Rock area, adding that with the opening of the arena it is hoped to have bus companies that will allow people to stay in Jacksonville for the events. He related that moving games could limit the opportunity for hotel, motel and restaurants in the community. He stated that the Resolution addresses economic opportunities. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. Alderman Fletcher related that given the population of the central Arkansas area, consideration should be given to keep the games in Little Rock. Alderman Smith moved, seconded by Alderman Lewis to read Resolution 518 (#5-99). MOTION CARRIED. At which time City Attorney Bamburg began to read Resolution 518 (#5-99). Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of the Resolution in its entirety. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Fletcher to approve Resolution 518 (#5-99). MOTION CARRIED. Mayor Swaim related that the City Clerk will certify the Resolution and send a copy to the athletic department of the University of Arkansas. c. OECD Allocation of funds for Special Projects. Mayor Swaim related that while the allocation of funds is not outside their purview, they were not specifically addressed when previously adopted. Mr. Frank Rowland said that there are two specific areas of request for 1999 funding. He related that Parks and Recreation has requested $10,000.00 to be used for playground equipment in Galloway and Stage Coach Park. He then related that those funds are in the 1999 budget and specified for parks and equipment, adding that this specific allocation would need Council approval. He further related that this item was addressed during the citizens meetings but was not earmarked for any specific park. He stated that the second request of funding in the amount of $5,000.00 is from the Jacksonville Care Channel to help with their operations. He stated that research revealed that this type of request is authorized in HUD guidelines, and that "15% of the City's annual budget could be used for public service activities". He related that he recommends approval for both items. Mayor Swaim related that funding for the Jacksonville Care Channel is a "one-time funding request" and will be used in the Care Channel relocation closer to the neighborhood they most serve. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. related that the request falls within the range of providing service to the residents of the Sunnyside Hills Addition and the adjoining area. He stated that the Care Channel provides food as well as other services to the needy of our community, adding that this is not a continually funding obligation to the Care Channel but a one-time situation. Mayor Swaim stated that in visiting Galloway Park he viewed situations for equipment repair and that Stage Coach Park has received much equipment in the past few years. He stated that he felt this to be a good request. In response to a question posed by Alderman Wilson, Mayor Swaim stated that he clarified with the Jacksonville Care Channel that the request is a one-time funding situation for a specific purpose. He related that it is not within the City's jurisdiction to provide operational funding for the facility. Alderman Smith moved, seconded by Alderman Ray to approve CDBG funds of $10,000.00 for Parks and Recreation in the Galloway and Stage Coach Parks; and one-time funding of $5,000.00 to be used to help the Jacksonville Care Channel relocate. MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim urged early registration for the Municipal League Conference to be held in June. Mayor Swaim then announced that the graduation of the Business Development Center will be held Tuesday 20 April 1999. He related future business to be addressed before the Council regarding additional information to assist in the future of helping new businesses getting started in Jacksonville. He stated that Frank Rowland and Kay Phillips are pleased with the class results. He encouraged attendance. Mayor Swaim related that the City Clean-up will be held Saturday 17 April 1999 and will meet at 8:00 a.m. in the front parking lot of the middle school. Alderman Smith commended the meetings held recently by the Little Rock Air Force Base Community Council and that he heard good responses regarding the Jacksonville Community Center. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 1999 7:00 P.M. - 7:23 P.M. Mayor Swaim concurred with Alderman Smith, adding stated that he had received comments of interest from other mayors contemplating building a Community Center and requesting information. He stated that the facility has received much notoriety from within the State as well as other States. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:23 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR City Clerk-Treasurer