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97 APR 17.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 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 April 17, 1997 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, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard answered ROLL CALL. PRESENT NINE (9), ABSENT (1). Mayor Swaim answered ROLL CALL and declared a quorum informing the Council that Alderman Sansing called stating that he was unable to attend the meeting. He expressed appreciation to the audience for their attendance and requested that on any issue, whether for or against, a spokesman be chosen to expedite the meeting. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Director Murice Green, Office of Economic and Community Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Mrs. Dee Dee Hibbs, 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 April 3, 1997 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of March 20, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT: Regular Monthly Report/Police Department Alderman Ray moved, seconded by Alderman Lewis that the Regular Monthly Report for March of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 70,435.94, Miscellaneous Payments $ 430.00, Report Copies $ 362.00 for a total Collections of $71,337.94. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. FIRE DEPARTMENT: Regular Monthly Report/Fire Department Alderman Ray moved, seconded by Alderman Lewis that the Regular Monthly Report for March, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $94,600.00 for the month of March.) ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: a. ORDINANCE 1075 (#3-97) REZONING: Dawkins Commercial Addition from R-3 to C-3 AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: WEST MAIN ACROSS FROM CITY HALL, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Wilson moved, seconded by Alderman Keaton to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton 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 Keaton moved, seconded by Alderman Ray 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. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Alderman Wilson moved, seconded by Alderman Williamson to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Alderman Smith moved, seconded by Alderman Keaton to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray, moved, seconded by Alderman Lewis that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) 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 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1075 THIS THE 17th DAY OF APRIL 1997. b. ORDINANCE 1076 (#4-97) REZONING: Dewese Addition R-0 to R-3 AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: McCAIN STREET, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Ray to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton 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 the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Alderman Ray moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray, moved, seconded by Alderman Smith that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Smith moved, seconded by Alderman Lewis, that Ordinance 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Wilson, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1076 THIS THE 17th DAY OF APRIL 1997. c. FINAL PLAT / DEWESE ADDITION Mayor Swaim voiced that the plat was approved by the Planning Commission. Alderman Ray moved, seconded by Alderman Howard to APPROVE THE FINAL PLAT OF THE DEWESE ADDITION. MOTION CARRIED. d. FINAL PLAT / NORTHLAKE PHASE VII Lot 253 Mayor Swaim voiced that the plat was approved by the Planning Commission. He stated that the lot was overlooked when previous plats were finalized. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Alderman Elliott moved, seconded by Alderman Smith to APPROVE THE FINAL PLAT OF NORTHLAKE PHASE VII Lot 253. MOTION CARRIED. e. RESOLUTION 499 (#6-97) A RESOLUTION AUTHORIZING DETACHMENT OF CERTAIN UNIMPROVED AND UNINHABITED WETLANDS FROM THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Smith that Resolution 499 (#6-97) be read. MOTION CARRIED. Alderman Wilson abstained. Whereupon City Attorney Robert Bamburg read the resolution heading. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and dispense with the reading of Resolution 499 (#6-97) in its entirety. MOTION CARRIED. Alderman Wilson abstained. Alderman Ray moved, seconded by Alderman Smith to APPROVE Resolution 499 (#6-97). MOTION CARRIED. Alderman Wilson abstained. Attorney Mike Wilson voiced that the City is welcome to use the landyn as necessary in drainage endeavors. GENERAL: a. ORDINANCE 1077 (#5-97) WAIVING COMPETITIVE BIDDING 911 EQUIPMENT & SOFTWARE AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF PURCHASING AN ENHANCED EMERGENCY NUMBER SYSTEM (E9-1-1) FOR USE BY THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim pointed out that the 911 equipment is now antiquated and that replacement parts are not available for the present system. He said that no one was found who wanted to compete with GTE, since it is their system and on their phone line. He related that after a lot of prodding, Motorola has made a proposal. He said that technical terms and list of equipment is very significant adding that neither Chief Hibbs or Ezell is qualified to determine the difference between the equipment in the two proposals. He said that basically, the systems are the same with different numbers adding that the time factor would make the bid process undesirable. He said that efforts have been made for six months trying to get some competitive offers for the equipment and that a copy of one proposal was received on Wednesday the 16th of April. He said that the proposal from GTE is $80,000.00 and from Motorola $81,770.00. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Chief Larry Hibbs said that the Motorola system, demonstrated to both he and Chief Ezell, was very impressive. He said that they are not aware of the capabilities of the GTE system relating that both that system and Motorola are supposed to be an enhanced 911 system. Chief Ezell related that any delay would not be good for the equipment which does not need to be stored for any length of time. After a general discussion Mayor Swaim pointed out that his concern is getting dependable, good equipment at the lowest price. It was the general consensus of the Council that Mayor Swaim negotiate with Motorola. Compatability between Motorola equipment now being used and the system to be purchased was pointed out by Alderman Keaton to be important. Alderman Williamson moved, seconded by Alderman Elliott that efforts move forward with Motorola for a negotiated price regarding 911 equipment. MOTION CARRIED. Mayor Swaim pointed out that Jacksonville was the first city in the State of Arkansas to have enhanced 911, which equipment he related is ten years old and needs to be updated. Mayor Swaim added that Ordinance 1077 will appear on the agenda of the City Council Meeting of May 1, 1997. b. PRESENTATION: Immunization Initiative by Local Health Department Ms. Lottie Adams was recognized by Mayor Swaim. She informed the Council that the City of Jacksonville is at 55% as far as immunization of children. She said that advertising, participation in health fairs, and volunteers to fill out reminder cards is needed in efforts to get more children immunized under the age of two (2) encouraging any participation and suggestions from the Council. c. ORDINANCE 1078 (#6-97) Commission Appointment Terms AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 2.24.030, 2.32.010, AND 14.04.040 SO AS TO MODIFY PROVISIONS REGARDING TERM APPOINTMENTS FOR VARIOUS CITY COMMISSIONS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Mayor Swaim voiced that anyone appointed to serve an unexpired term of six months or less will be eligible, with passage of Ordinance 1078, to serve two full terms in the Commissions designated therein. Alderman Smith moved, seconded by Alderman Elliott to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton 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 the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. Alderman Ray moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Lewis, moved, seconded by Alderman Smith that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY (0). Motion received nine (9) 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 1078 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 17, 1997 7:00 P.M. - 7:50 P.M. Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1078 THIS THE 17th DAY OF APRIL 1997. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim pointed out that Patricia from the Office of Economic Development did a good job on information presented to the Council adding that it is the first step toward a marketing plan for the City of Jacksonville for the future. Alderman Howard commented that drainage improvements to one area of James Street were successful making mention of recent rains. After a short discussion regarding salvage yards and unsightly areas where cars are stored, the City Attorney was requested by the Council to draft an ordinance addressing the problem. City Attorney Bamburg related that care will have to be taken in addressing commercial enterprise adding that salvage yards are covered by state law. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:50 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer