97 MAY 01.DOC CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 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 May 1, 1997 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: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton, and Howard answered ROLL CALL. Alderman Larry Wilson was absent. PRESENT NINE (9), ABSENT (1).
Mayor Swaim answered ROLL CALL and declared a quorum.
Others present for the meeting were: City Attorney Robert E. Bamburg, Mayoral Assistant Michael Beeman, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Director
Murice Green, Office of Economic and Community Director Phil Sullivan and assistant Frank Rowland, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Finance Director Paul Mushrush, Mrs.
Judy Swaim, Mrs. Dee Dee Hibbs, Mr. Jim Buttry representing Friday, Eldridge and Clark and Mr. Tom Seimers Chief Executive Officer of Rebsamen Regional Medical Center, 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 17, 1997 for study and action at the next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Fletcher moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of April 3, 1997 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: OECD AGENCY
Alderman Ray moved, seconded by Alderman Keaton that the Regular Monthly Report for April, 1997 of the Economic and Community Development Department be approved. Said report reflects:
Informal Meetings .......................................1
Informational Meetings...................................6
Public Meeting (OECD)....................................1
a. Letters to prospective applicants.....................0
b. Applications received.................................0
c. Bids Advertised.......................................3
d. Work write-ups & estimates............................1
e. Pre-construction conferences..........................1
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
f. Appraisals & Environmental reviews....................0
g. Interim inspections...................................3
h. Final Inspections.....................................1
i. Emergency Inspection..................................3
j. Partial payments......................................0
k. Project Closeout......................................1
l. Warranty Repairs......................................2
m. Contracts signed......................................1
n. Rehab mortgages released..............................1
Public Works:
a. Proposals Received....................................0
b. Interim Inspections..................................13
c. Pre-construction Conference...........................0
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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:
GENERAL:
a. ORDINANCE 1079 (#73-97) REVENUE BOND ISSUE/REBSAMEN HOSPITAL
AN ORDINANCE MAKING CERTAIN FINDINGS WITH RESPECT TO THE FINANCING OF AND IMPROVEMENT TO REBSAMEN REGIONAL MEDICAL CENTER; AUTHORIZING THE ISSUANCE OF REVENUE BONDS; AUTHORIZING A
SUPPLEMENTAL TRUST INDENTURE; AUTHORIZING A SUPPLEMENTAL LEASE; AUTHORIZING THE SALE OF THE BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES.
Mayor Swaim noted that clarification is made in the lease concerning who would own property in any joint venture noting that it clearly states that if for some reason the hospital closes
its doors, that anything that belongs to the hospital would be diverted to ownership by the City of Jacksonville as well as any debts.
Alderman Smith moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton
and Howard voted
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
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, Fletcher, Williamson,
Keaton and Howard
voted AYE. Alderman Sansing voted NAY (0). Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson, Keaton and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 Ray, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 Sansing moved, seconded by Alderman Lewis, that Ordinance 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 Elliott, that EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 1079 THIS THE 1st DAY OF MAY 1997.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
b. DISCUSSION: Fencing of Undesirable Storage Areas
Mayor Swaim related that a sample (draft ordinance), relating to areas of concern, has been prepared by the City Attorney for the perusal of the Council. He said that the ordinance
addresses commercial property only.
A discussion ensued concerning areas where cars and car parts are being stored at random, old appliances, etc.
City Attorney Bamburg advised that in addressing commercial establishments, one does not have as much leeway as in addressing residential properties. He related that one has to stay
within certain guidelines to allow the business operation to continue conducting their business. He said that fencing has been a method used by other municipalities that has worked
successfully in enclosing the areas of concern.
He pointed out that it may be necessary to look at existing ordinances which may not address health hazards existing at this time.
After discussing various undesirable situations, City Attorney Bamburg pointed out that the time frame for complying with the ordinance can be addressed in the ordinance.
There being no major changes to the draft before the Council, it was the consensus of all members that the City Attorney bring a revised Ordinance to the regular meeting of the Council
in June with it being presented to the Planning Commission as well for their perusal and recommendations.
c. ORDINANCE 1077 (#5-97) Waiving of Competitive Bidding
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS FOR THE PURPOSE OF PURCHASING AN ENHANCED EMERGENCY NUMBER SYSTEM (E 9-1-1) FOR USE BY THE CITY OF JACKSONVILLE,
ARKANSAS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim related that he and the Chief of Police and Fire Chief have spent time making determinations with regard to the Motorola equipment for the 911 system.
All three advised the Council that the equipment, as far as the function and operation of the two systems, is practically the same and that compatibility seemed to be the more important
factor.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
He said that the Motorola incorporates into the current system used by the City and that service for both systems is local.
He went on to relate that there was considerable difference in maintenance contracts which Mayor Swaim related to be approximately twenty-eight thousand dollars ($28,000.00) over a five-year
period. The Mayor related that timing is also an important factor in that June is a target date for equipment delivery.
He said that every effort has been made to protect the citizens dollars by trying to get the best price for the best equipment.
Chief Hibbs related that the City will still be doing business with GTE as far as data base is concerned.
Mayor Swaim noted that the cost purchase price for the basic equipment from Motorola is $76,394.80. He said that there has been a change of $30,000.00 in price since negotiations began
on the equipment.
Alderman Fletcher moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 Williamson to ACCEPT the Ordinance on FIRST READING as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 Sansing to suspend the rules and place the Ordinance on SECOND READING as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing Ray,
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 Fletcher, moved, seconded by Alderman Lewis that Ordinance be placed on THIRD AND FINAL READING as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher,
Williamson, Keaton, and Howard voted AYE. NAY (0). Motion
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME as amended by City
Attorney Robert Bamburg.
Alderman Fletcher moved, seconded by Alderman Lewis, that Ordinance 1073 be APPROVED AND ADOPTED as amended. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Howard, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, 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 1077 THIS THE 1st DAY OF MAY 1997. (Funding source / Capital Improvements)
e. RESOLUTION 500 (#7-97)
A RESOLUTION DECLARING POLICY FOR ADMINISTRATION OF LOAN AND GRANT PROGRAMS IN THE OFFICE OF ECONOMIC AND COMMUNITY DEVELOPMENT; PROVIDING POLICY FOR RECAPTURING PROGRAM FUNDING, AND
ASSISTANCE TO RECIPIENTS.
Mr. Sullivan stated that basically what the resolution places the responsibility for community development in OECD as opposed to the Community Development Department. He said that it
lowers the loan amounts to $12,000.00 and creates a limited home repair assistance program for $5,000.00. He complimented Mr. Frank Rowlandyn for a job well done in making the changes
set forth in Resolution 500.
Alderman Sansing moved, seconded by Alderman Lewis that Resolution 500 (#7-97) be read. MOTION CARRIED. 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 500 (#7-97) in its entirety. MOTION CARRIED.
Alderman Williamson moved, seconded by Alderman Howard to APPROVE Resolution 500 (#7-97). MOTION CARRIED.
APPOINTMENTS:
a. PARK & REC. COMMISSION / Reappointment of Dr. Donnie Griggs for a term to expire 5/9/2002
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
MAY 1, 1997
7:00 P.M. - 7:55 P.M.
Alderman Smith moved, seconded by Alderman Elliott that Dr. Donnie Griggs be reappointed to the Park & Recreation Commission for a term to expire 5/9/2002. MOTION CARRIED.
b. SEWER COMMISSION / Reappointment of Dr. James Weber for a term to expire 4/20/2002
Alderman Fletcher moved, seconded by Alderman Ray that Dr. James Weber be reappointed to the Sewer Commission for a term to expire 5/9/2002. MOTION CARRIED.
c. WATER COMMISSION / Reappointment of Mr. Jim Peacock for a term to expire 4/20/2005
Alderman Fletcher moved, seconded by Alderman Ray that Mr. Jim Peacock be reappointed to the WATER COMMISSION for a term to expire 4/20/2005. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim said that the clean-up campaign was very successful
complimenting the Chamber of Commerce and City agencies.
Mayor Swaim pointed out that another very successful operation of the City has been the removal of old tires, over a million out of the district area participating in the program.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:55 p.m.
Respectfully,
___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer