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00 NOV 02.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 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 November 2, 2000 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Wilson and Twitty were absent. PRESENT eight (8), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, City Engineer Jay Whisker, Finance Director Paul Mushrush, Fire Chief Vanderhoof, Fire Battalion Commander Bill Plunk, Police Captain Baker, Deputy of Public Works Jimmy Oakley, Parks and Recreation Director George Biggs, Parks and Recreation Assistant Administrator Patty Walker, CDBG Director Theresa Watson, Wastewater Chairman Joan Zumwalt, Wastewater Manager Thea Hughes, Mr. Max Fletcher, Mrs. Judy Swaim, Mrs. Lindy Lewis, Jacksonville Patriot Reporter Peggy Koury, Leader Newspaper Reporter Rick Kron, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 19, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 5 October 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: GENERAL: a. RESOLUTION 537 (#13-00) A RESOLUTION TO DESIGNATE NOVEMBER 5-11, 2000 AS NATIONAL ANIMAL SHELTER APPRECIATION WEEK IN THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 P.M. Alderman Elliott related that the resolution designates November 5th through 11th as National Animal Shelter Appreciation Week recognizing the hard work of City employees and Shelter volunteers. Alderman Elliott moved, seconded by Alderman Smith that Resolution 537 be read. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Resolution 537 in its entirety. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Gentry to approve Resolution 537 as presented. MOTION CARRIED. b. RESOLUTION 538 (#14-00) A RESOLUTION AMENDING RESOLUTION 531 (#7-2000) AUTHORIZING THE CITY CLERK TO DESTROY SPECIFIC FINANCE AND PURCHASING DEPARTMENTS RECORDS; AND, FOR OTHER PURPOSES. Mayor Swaim related that destruction of record by incineration at the Animal Shelter could prove to be prohibitive regarding the volume of material that could damage the incinerator. He related that the Resolution changes the method of destruction, adding that State law requires method of destruction be designated. Alderman Smith moved, seconded by Alderman Gentry that Resolution 538 be read. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Resolution 538 in its entirety. MOTION CARRIED. Discussion ensued regarding storage time of records and the volume of stored records. Alderman Gentry moved, seconded by Alderman Ray to approve Resolution 538 as presented. MOTION CARRIED. c. ORDINANCE 1135 (#5-2000) AN ORDINANCE REGULATING USE AND OPERATION OF THE JACKSONVILLE WASTEWATER UTILITY TO BE SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE §13.24; REPEALING ORDINANCE NOS. 604, 620, 684, 877, 932, AND ANY AMENDMENT THEREOF; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 P.M. Alderman Gentry moved, seconded by Alderman Ray that Ordinance 1133 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) 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 Ordinance 1133 in its entirety following section one. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to approve Ordinance 1133 on FIRST READING. Ms. Hughes stated that the Ordinance is multi-purpose, adding that the specific objectives are to revise the pretreatment program and local limits. She related that it is required by the 403 regulations to occasionally revise those programs which permits industries in Jacksonville to discharge to the Wastewater Utility. She stated that there are nine permitted industries in Jacksonville and that the revision of local limits was required because flow will be accepted from the West Plant. She pointed out that the local limits set by Ordinance 1133 in most cases are more lenient than the existing local limits. She related that Jacksonville industries have been contacted and do not have any problem with compliance. In response to a question from Mayor Swaim, Ms. Hughes related that the ordinance also combines existing ordinances into one document. Mayor Swaim commended efforts by the Wastewater staff and Commission. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to suspend the rules and place Ordinance 1133 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 P.M. Alderman Gentry moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1133 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Lewis to APPROVE AND ADOPT Ordinance 1133. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Gentry that the EMERGENCY CLAUSE be APPROVE AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1133 THIS THE 2nd DAY OF NOVEMBER 2000. DEVIATION IN AGENDA: BUILDING AND CONTENTS INSURANCE BID Mayor Swaim related the urgency for renewal of the building and contents insurance item of business. Alderman Elliott moved, seconded by Alderman Gentry to suspend the rules and place the bid for Building and Contents Insurance on the agenda. MOTION CARRIED. Mr. Mushrush related that insurance costs have escalated over the last year and the agreement with Gallagher limited the amount of increase between contract years to 4%. He then related that the increase came in at 15% so the item was competitively rebid and Gallagher came back again with low bid. He stated that the bid replacement cost coverage is for all building and contents, adding that the deductible is $5,000 which covers $17,072,000 and covers all risk including direct physical lost or damage excluding flood and earthquake. He stated that the policy is the standard risk assessment and coverage is provided through West Chester Fire Royal Indemnity who have a top rating of AA+ and is one of the highest in the industry based on assets. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 P.M. Alderman Elliott moved, seconded by Alderman Gentry to accept the low bid from Gallagher regarding Option 1 for $22,000.00 with a $5,000.00 deductible. Mayor Swaim noted that the funds are budgeted in the General Fund budget. In response to a question posed by Alderman Smith, Mr. Mushrush related that the agreement is renewable annually up to three years with a maximum of 4% increase. He pointed out that if the increase goes beyond 4% then the item is rebid to bring cost back down. At this time, MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS: BUDGET PRESENTATION Mayor Swaim announced that the preliminary budget will be presented at the first regularly scheduled meeting in December. VETERANS MEMORIAL DEDICATION Mayor Swaim related that the dedication will be held Saturday November 11, 2000 at 10:00 p.m. and encouraged attendance. TRAFFIC AT JAMES STREET BRIDGE Alderman Fletcher voiced concerns regarding the traffic situation at the James Street Bridge and questioned if it would be helpful to involve Metroplan because of ozone concerns regarding congested non-moving traffic. He related that while a left turn lane will not completely solve the problem it would be helpful. Mayor Swaim related that before the new Wal-Mart opened, Jacksonville requested a third lane from the Highway Department and was informed that the bridge was not wide enough. He then related that expansion of the bridge was then discussed, which the Highway Department was not prepared to do. He stated that the project will have to move through the TIP project process with Metroplan regarding further action. Alderman Fletcher mentioned the time involved with that process and questioned the possibility of widening the apron at both ends of the bridge. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 2, 2000 7:00 P.M. – 7:21 P.M. Mayor Swaim explained that the Highway Department requires that the lane be a certain width, adding that the issue can be discussed again to see if there has been any change in requirements. He pointed out that until now there had not been a problematic traffic history to present and were previously working on the assumption that the traffic would increase once the new Wal-Mart was opened which has proven to be true. He also related a signal situation involving light change on time instead of demand. OTHER ANNOUNCEMENTS Alderman Ray commended the Police Department regarding the capture of recent bank robbers. Mayor Swaim related that the City Council should be recognized for its foresight to approve a system that would link the Police Department to the area banks alarm systems, pointing out that the mechanism helped the Police react quickly to the situation. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:25 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer