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00 OCT 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 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 October 19, 2000 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Scout Troop 427 led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (0). Alderman Williamson was absent. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, Finance Director Paul Mushrush, City Engineer Jay Whisker, Police Chief Hibbs, Fire Chief Vanderhoof, Purchasing Agent C.J. Brown, CDBG Director Teresa Watson, Mrs. Lendy Lewis, Mrs. Edith Smith, Mrs. Paulette Howard, Mrs. DeDe Hibbs, Mrs. Addie Gibson, Mrs. Helen Stroud, Parks and Recreation Administration Manager Patty Walker, Mr. Terry Sansing, Mr. Bob Stroud, Mr. Lloyd Friedman, Ms. Martha Boyd, Mr. Jim Durham, Jacksonville Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of October 5, 2000 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Smith that the minutes of the Regular City Council Meeting of 21 September 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Smith moved, seconded by Alderman Gentry that the Regular Monthly Report for September from the Jacksonville Police Department be APPROVED. Said report reflects; Total value of reported Stolen Property $98,570.00, Total value of Recovered Stolen Property $43,792.00, and Total Report Sales $243.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Smith moved, seconded by Alderman Gentry to APPROVE the Regular Monthly Report for September from the Jacksonville Fire Department, which reflects a fire loss of $14,700.00, and a Savings Total of $138,800.00. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. Motion received (9) AYE. (0) NAY. MOTION CARRIED. STREET DEPARTMENT: Request to Accept Bid Redmond Road Box Culvert Mayor Swaim related that bids have been received to replace the culvert for widening of South Redmond Road. It was noted that Building Utility Construction has performed satisfactory work regarding previous City projects. Alderman Elliott moved, seconded by Alderman Wilson to accept the low bid from Building Utility Construction in the amount of $87,640.45 to be drawn from the Capital Improvement Fund. In response to a question from Alderman Fletcher, City Engineer Whisker reported that the contract time is between forty-five to sixty days and that road closure and detour of traffic will be approximately five days. He related that the traffic detour will be announced in the local paper and signs will alert traffic at the Interstate exit and on James Street. He then related that white striping for Redmond Road will be completed tomorrow. At this time, MOTION CARRIED. GENERAL: a. ORDINANCE 1145 (#17-00) AN ORDINANCE CONDEMNING THE STRUCTURES AND REAL PROPERTY AT THE VARIOUS UNINHABITED LOCATIONS LISTED BELOW LOCATED WITHIN JACKSONVILLE ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the City Engineer is requesting condemnation of properties addressed as 110 Jaxon Circle, and 103 Pulaski. After inquiry, it was noted that a representative for either property was not present in the audience to address those condemnations. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1145 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard 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 Ordinance 1145 in its entirety following section one. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. City Attorney Bamburg read Ordinance 1145 through section one. Alderman Smith moved, seconded by Alderman Gentry to approve Ordinance 1145 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Wilson to suspend the rules and place Ordinance 1145 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1145 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to APPROVE AND ADOPT Ordinance 1145. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) 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, 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBERED 1145 THIS THE 19 DAY OF OCTOBER 2000. b. RESOLUTION 532 (#8-2000) A RESOLUTION SUPPORTING THE CITY AND COUNTY GOVERNMENT REDEVELOPMENT BOND AND SHORT-TERM FINANCING AMENDMENT (ALSO KNOWN AS AMENDMENT ONE FOR THE 2000 GENERAL ELECTION BALLOT); AND, FOR OTHER PURPOSES. Alderman Elliott related that he and Alderman Lewis as members of the Large First Class Cities Advisory Council are presenting Resolutions 532 through 535 for consideration as recommended by the Arkansas Municipal League. Alderman Smith moved, seconded by Alderman Elliott that Resolution 532 be read. Alderman Elliott related that Resolution 532 is designed to help municipal and county government in tax increment financing to incur the short term financing obligation and better help finance equipment. At this time, MOTION CARRIED and City Attorney Bamburg read Resolution 532. Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of Resolution 532 in its entirety. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to Approve Resolution 532 as presented. MOTION CARRIED. c. RESOLUTION 533 (#9-2000) A RESOLUTION EXPRESSING OPPOSITION TO AMENDMENT TWO OF THE NOVEMBER 2000 GENERAL ELECTION BALLOT; AND, FOR OTHER PURPOSES. Alderman Lewis related that while the bill seems to cut property tax it actually raises the sales tax. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. Alderman Elliott related that property tax is relatively low compared the sales tax and the amendment would increase that gap. Alderman Gentry moved, seconded by Alderman Lewis that Resolution 533 be read. MOTION CARRIED. City Attorney Bamburg read Resolution 533. Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of Resolution 533 in its entirety. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Lewis to Approve Resolution 533 as presented. MOTION CARRIED. d. RESOLUTION 534 (#10-2000) A RESOLUTION OPPOSING AMENDMENT THREE OF THE NOVEMBER 2000 GENERAL ELECTION BALLOT, KNOWN AS THE JUDICIAL ARTICLE; AND, FOR OTHER PURPOSES. Alderman Elliott related that amendment three would eliminate the municipal court system under local control and establish regional courts. He stated that the Municipal League feels this amendment will hurt municipalities. Alderman Lewis pointed out that if amendment three passes it will not relieve the burden of the cities to fund the system but will remove control of that system. Alderman Smith moved, seconded by Alderman Gentry that Resolution 534 be read. MOTION CARRIED. City Attorney Bamburg read Resolution 534 in its entirety. In response to a question posed by Alderman Wilson, Mayor Swaim related that the amendment changes the name of a municipal court to a district court and removes some jurisdiction from that court. He then related that it also proposes the non-partisan election of judges. Alderman Gentry moved, seconded by Alderman Ray to Approve Resolution 534 as presented. MOTION CARRIED. 5 e. RESOLUTION 535 (#11-2000) A RESOLUTION OPPOSING PROPOSED AMENDMENT FOUR OF THE NOVEMBER 2000 GENERAL ELECTION BALLOT; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. Alderman Gentry moved, seconded by Alderman Smith that Resolution 535 be read. MOTION CARRIED. City Attorney Bamburg read Resolution 535. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of Resolution 535 in its entirety. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Gentry to Approve Resolution 535 as presented. Alderman Elliott related that amendment four began as a proposal to remove sales tax from used vehicles, adding that manufactured goods and used materials were then included. He related that the amendment also allows class action lawsuits with responsibility of attorney fees being placed on cities. He stated that local government and the school district would be devastated. He then related that the amendment featured a three-year moratorium prohibiting replacement of funding. Mayor Swaim stated that the total estimated loss is 140 million dollars with 90 million dollars being lost by the school systems. Mayor Swaim explained that the Resolutions are an expression of recommendation by the City Council. At this time, MOTION CARRIED. f. RESOLUTION 536 (#12-2000) A RESOLUTION OPPOSING CONSTITUTIONAL AMENDMENT NO. FIVE (LEGALIZATION OF GAMBLING IN THE STATE OF ARKANSAS); AND, FOR OTHER PURPOSES. Alderman Gentry moved, seconded by Alderman Smith that Resolution 536 be read. Alderman Smith stated that he believes Municipal League has spoken against amendment five, and that he has heard from local churches and businesses regarding the amendment. He stated that a representative for amendment five recently spoke at a civic 6 organization, but did not do well in presenting the issues. He stated that casinos are impossible to remove once allowed and reasoned that if casinos have been good for Mississippi why are they still ranked last. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. At this time, MOTION CARRIED. City Attorney Bamburg read Resolution 536. Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of Resolution 536 in its entirety. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to Approve Resolution 536 as presented. Mr. Jim Durham stated that he is one of the people who contacted Alderman Smith regarding amendment five. He said that he believes there to be a lot of misleading information regarding the amendment. He then related that while he could oppose the amendment on moral grounds, he wants to oppose it as a local businessman. He related that when Tunica was established it hurt local business, adding that it created a vacuum regarding monies that should be spent on housing. He stated that if the amendment passes the State and Jacksonville will regret it. Alderman Fletcher stated that gambling is a regressive tax that most hurts those, that can afford it the least. He said that amendment five is a major tax in and of itself that most people are not aware of and that a friend who delivers milk in Hot Springs related to him that if a survey were taken, milk sales drop when horse racing season begins. At this time, MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim introduced Mrs. Teresa Watson as the newly hired CDBG director. He related that she was previously employed by the Little Rock Housing Authority, adding that the City is please to have Ms. Watson in the position of CDBG director. The City Council welcomed Ms. Watson aboard. Mayor Swaim announced that funeral arrangement for Police Officer Albarella will be Saturday at 10:00 a.m. Alderman Fletcher questioned budget concerns regarding high fuel 7 prices. Mayor Swaim stated that an analysis of consumption was conducted and discussed with department heads, but added that the conservative financial efforts of the past will enable the City to CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 19, 2000 7:00 P.M. – 7:32 P.M. handle the rise in fuel cost without cutting services. He stated that additional total cost for the City is approximately $75,000.00 regarding several fuel increase costs. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:32 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8