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94 DEC 15.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on December 15, 1994 at the regular meeting place of the Council. Alderman Fletcher 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, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Twitty arrived at approximately 7:08 p.m. PRESENT ten (10), ABSENT (0). Mayor Swaim also answered ROLL CALL and declared a quorum. Others present for the meeting were: Mayoral Aide Michael Beeman, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Director Skip Spears, Economic Development Director Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Finance Director Paul Mushrush, Parks & Recreation Director Annabelle Davis, CDBG Director Tony Ply, Planning Commission Chairman Kenny Elliott, Mrs. Judy Swaim, Mrs. Deede Hibbs, Mrs. Marshall Smith, other city employees, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of December 1, 1994 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of November 17, 1994 be APPROVED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL: REGULAR MONTHLY REPORT/NOVEMBER 1994 Alderman Smith moved, seconded by Alderman Wilson to APPROVE the monthly Animal Control Report for the month of November 1994. Report reflects the following: CONTRIBUTIONS..............................$ 0.00, ADOPTION/FINES ............................$ 607.50, SECURITY DEPOSITS..........................$ 150.00, TOTAL...................................... $ 757.50. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. POLICE DEPARTMENT: REGULAR MONTHLY REPORT/NOVEMBER 1994 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report of the Jacksonville Police Department for the month of November be APPROVED. Said report reflects: Computer Collections, $51,524.92, Miscellaneous Payments $190.75, Report Copies $335.00 for a total Collections of $52,050.67 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/NOVEMBER 1994 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report for the month of November 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $51,965.00) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CDBG: REGULAR MONTHLY REPORT/NOVEMBER 1994 Alderman Smith moved, seconded by Alderman Wilson that the Regular Monthly Report for November 1994, of the Community Development Department be APPROVED. Said report reflects: Informal Meetings ....................................... 6 Public Hearings.......................................... 0 a. Letters to prospective applicants..................... 0 b. Applications received................................. 0 c. Bids advertised ...................................... 0 d. Work write-ups & estimates ........................... 0 e. Pre-construction conferences.......................... 1 f. Appraisals & Environmental reviews ................... 0 g. Interim Inspections ..................................22 h. Final Inspections .................................... 0 i. Emergency Inspection ................................. 1 j. Partial payments ..................................... 0 k. Project Close-outs ................................... 0 l. Warranty Repairs ..................................... 3 Public Works: a. Bids Received ........................................ 1 b. Interim Inspections...................................10 c. HUD Workshops......................................... 1 d. Project Close-out .................................... 1 e. Contract Awarded ..................................... 0 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. PUBLIC WORKS: Trash and Garbage Cost Mayor Swaim noted that in 1991 it cost $3.00 per cubic yard to put trash in the landfill this year with cost rising to $4.40 and with prices expected to be closer to $5.00 in 1995. He related that the cost has risen while the sanitation fee collected by the City has remain the same. POLICE DEPARTMENT: Alderman Wilson commended the Police Department for its efforts in solving a recent murder case. DEVIATION IN AGENDA: CDBG PUBLIC HEARING Mayor Swaim declared the public hearing open at approximately 7:12 p.m. and invited CDBG Director Mr. Tony Ply to address the Council. Mr. Ply related that Community Development is anticipating receiving the same funds as in 1994. He related that working with HUD they arrived at the figure of $ 369,000.00, which will complete the work in phases and that the funds will be dispersed as follows: Administration $ 62,000.00 Rehabilitation 40,000.00 Johnson Park street 15,000.00 Home Buyers assistance 15,000.00 Ray Road Project Ph. II 40,000.00 Pike Avenue Reconstruction 80,000.00 Sunnyside Water, Phase VII 40,000.00 Lemac Drive Phase I, Engineering 15,000.00 TOTAL 1995 GRANT FUNDS $ 369,000.00 It was noted in conversation that the street construction involving Johnson Park would extend from Church Street to Goshen Street. It was related that Johnson Park will have two entrances off Ray Road cutting out the "S" curve entrance and providing better patrol ability with regard to park activity. He then related that the Ray Road Project would include the widening of the road which extends from South Road to Goshen where it first curves into the park and placement of curbs and gutters along with ditch maintenance to divert flooding waters in the area. He related the overlay plans for the Pike Avenue Reconstruction Project. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. He stated that according to the Water Department Phase VII is the last phase of the Sunnyside Water Project, relating the difficulty to achieve a better water system because of the location of the old water lines. He related that the Lemac Drive Phase I, engineering project will provide a road from Southeastern to Stanphill without involving Military or Ray Road. Mayor Swaim related that this will spread CDBG funds among the low and moderate income areas to make projects available. He opened the public hearing for comments from the public. Mayor Swaim closed the public hearing at approximately 7:20 p.m. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: a. ORDINANCE 1035 (#18-94) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED IN THE NORTHWEST PORTION OF PENNPOINTE SUBDIVISION); AMENDING ORDINANCE NUMBERS 213 AND 238 OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Reel related that the piece of property is on the west side of the lake bordering the north boundry line of Pennpointe Subdivision. He related that the rezoning will accommodate condominium type construction featuring high security for the area. He related that the price range will be between $100,000.00 to $125,000.00 for the minimum and maximum of 2,000 to 2,500 square footage. Alderman Wilson moved, seconded by Alderman Knight, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Keaton, to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson that Ordinance be ACCEPTED ON FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE ACCEPTED ON FIRST READING. Alderman Knight moved, seconded by Alderman Smith to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty 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 Smith moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty 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 Wilson moved, seconded by Alderman Lewis, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1035 THIS 15TH DAY OF DECEMBER 1994. b. Proposed Annexation of 25.0 Acres/General Location Valentine and Highway 161 City Engineer Reel referred to the vicinity map, relating that the annexation and rezoning will involve 30 acres of land, five acres of which is requested to be rezoned from R-0 to R-1A and the twenty five acres in the County requested for annexation of a R-1A status. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. He related that R-1A is a five thousand square foot lot minimum with 25 foot front yard and 25 foot rear yard with 6 1/2 foot side yard. He stated that the owner has made application to the County for release of property for annexation into the City of Jacksonville. In response to a question posed by Alderman Ray, City Engineer Reel related that there is property available for recreational use. Discussion ensued as to the property that is not a part of the annexation in the same vicinity and concern was expressed as to the close proximity of a liquor store. It was noted that a liquor store may operate in the City of Jacksonville if it is outside of Gray Township. Alderman Wilson suggested annexation of the total area which would include two tracts of land that presently cut into the annexation sketch plat. Alderman Fletcher expressed traffic concerns with regard to the present commercial activity. Alderman Knight requested that she be allowed to address the item of business and abstain from the voting process. She related that she feels that it would be better for the City to control the development, adding that the owner and developer are aware that they can proceed with their plans for development with separate County and City approval for the prospective lands that belong to each. She related that it will boost the census, and addressed formentioned concerns saying that anyone who builds in the area will certainly be aware of the liquor store and the traffic in the area. Alderman Ray related concerns for annexing the liquor store with regard to public reaction. Alderman Wilson reiterated the rules involving the operation of a liquor store in the city limits. He stated that it would be an island if not annexed adding that he believed that they would want police and fire protection as the area develops. He related that with the loop from the airport moving into the area it would be natural to annex the area including the liquor store. Alderman Ray related that there is going to be an annexation request in the next five years for the area around Valentine and Wooten Road. He stated that the area is presently working on a sewer system to tie into the City's system. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. Alderman Wilson moved, seconded by Alderman Williamson to proceed with the annexation of 25 acres in the general vicinity of Valentine Road and Hwy 161 as presented to Council by plot and vicinity map. ROLL CALL: Aldermen: Smith, Lewis, Ray, Sansing, Wilson, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (1) negative votes. Alderman Knight abstained from the voting process. MOTION CARRIED. GENERAL: a. ORDINANCE 1034 (#17-94) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF PURCHASING A COMPUTER SOFTWARE PACKAGE FOR AMBULANCE BILLING PURPOSES FOR THE CITY FINANCE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Ordinance was previously presented before Council on December 1, 1994 and passed on first reading. Alderman Smith moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty 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 Sansing moved, seconded by Alderman Ray, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty 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 Wilson, that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1034 THIS 15TH DAY OF DECEMBER 1994. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. b. CDBG/Block Grant Funding for 1995 Alderman Wilson moved, seconded by Alderman Lewis to approved the plan from CDBG for the Block Grant Funding for 1995. MOTION CARRIED. c. Request to Accept Bid for the Johnson Park parking lot expansion and walkway Mayor Swaim related that the project has received approval for funding, pointing out that there is a large spread in the bids received. Alderman Knight moved, seconded by Alderman Sansing to accept the low bid from Jefco Construction Company in the amount of $32,680.00 to be taken from the budgeted CDBG fund. MOTION CARRIED. d. BUDGET for 1995 Mayor Swaim presented the press with a copy of the budget. He commended Finance Director Paul Mushrush along with his staff for the layout presentation of the 1995 budget booklet. Mayor Swaim read his comments from the budget message. "The budget document of any organization reflects the philosophy, goals, and operational priorities which we strive to achieve. To be successful, we must focus on allocation of funds to specific areas to provide the best service for our citizens while keeping in mind the limitation of resources. Our basic approach in preparing this budget was to insure the continuation of the scope and level of traditional services and functions. I am pleased to present to you the proposed 1995 budget that maintains our existing services, offers opportunity for improvement in some areas, and does not propose raising taxes for fees." It was noted in discussion that the budget reflects employee pay raises of $1,000.00 for all employees. Mayor Swaim stated that a lower paid employee is traditionally penalized with a percentage type scale. He related that this is an effort to raise the lower paid employee while department heads who make $34,000.00 or above will loose money. He stated that he has spoken with those department heads and related that they are willing to do that in order to help their employees on the lower CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. end receive a better raise. He related that this will provide the opportunity to raise the starting pay of the police and fire department. It related that for employees coming on at the end of the year and employees who have been employed awhile will basically be making the same amount of money, adding that it is an attempt to levelize the starting pay of employees. He related that some of the Sanitation workers starting pay is $10,800.00; that a driver for the Sanitation department's starting pay is $12,000.00 requiring a commercial drivers license. He related that the salary proposal is a one year attempt and is designed to raise the starting pay of the police and firemen and other employee positions. He related that the pay grade scale will not be abandoned adding that the pay grades are appropriate when a salary has to be adjusted when an employee receives increased duties. He related that proposals for education incentives are being looked at for uniformed personnel. He related that compared to cities of our size we are doing well. He stated that the incentive involving unused sick leave was not very successful. He stated that there is a stop gap measure with regard to sick leave requiring a slip from a doctor after two days for Fire Department employees and three days for other City employees. Alderman Knight requested information concerning the Firemen's Pension Fund. Mayor Swaim related that it is not reflected in the budget at this time adding that he and the chief are looking at legislation that is proposed for 1995. He related that there are major attempts within the state to stabilize all the old pension funds that are not funded. He related that if the bill passes the state will help fund pensions that are not actuarially sound with the stipulation that the city have assessed a full one mill on the taxes. He related that it would be more cost effective on the citizens because the proposed funding would come from state funds (turnback insurance money) as opposed to coming from tax dollars. He related that there are some comparisons between the two plans pointing out that LOPFI does not get 50% until after 20 years. He related that the citizens may more understand the need to pass the one mill if the legislation is passed. He informed the Council that the firemen may request a special election if the legislation passes. It was concluded that the Council will study the budget and call a special meeting for December 29, 1994 at 7:00 p.m. in the City Council Chambers. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING DECEMBER 15, 1994 7:00 P.M. - 8:00 P.M. APPOINTMENTS: ANNOUNCEMENTS: Christmas Open House will be held at City Hall December 16th from 1:00 p.m. till 4:00 p.m. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:35 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer