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97 NOV 20.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 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 20, 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: Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton, and Howard answered ROLL CALL. Alderman Elliott was out of town. PRESENT nine (9), ABSENT one (1). Mayor Swaim answered ROLL CALL and declared a quorum. He expressed appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Steve Ward, Aide to the Mayor, Fire Chief Rick Ezell, Police Chief Larry Hibbs, Finance Director Paul Mushrush and Accountant Mrs. Cheryl Erkel, Public Works Director Murice Green, Economic and Community Development Director Phil Sullivan, Mrs. Judy Swaim, 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 November 6, 1997 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of October 16, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPT. Regular Monthly Report for September: Alderman Smith moved, seconded by Alderman Sansing that the Regular Monthly Report for September, 1997 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements $ 74,160.45, Miscellaneous Payments $ 182.79, Report Sales $ 404.00 for a total Collections of $ 74,747.24. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED FIRE DEPT. Regular Monthly Report for September: Alderman Smith moved, seconded by Alderman Sansing that the Regular Monthly Report for October, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $21,400.00 for the month.) ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: FINAL PLAT: Spring Valley Subdivision City Engineer Reel voiced that the building sites are all above the 100 year flood elevations. He explained the drainage easements and design and assured the Council that he would look at it again to make sure there will not be a problem after concerns were expressed about water pooling in the area. Mayor Swaim pointed out that the City does not enforce Bills of Assurance. Alderman Wilson moved, seconded by Alderman Howard that the FINAL PLAT OF SPRING VALLEY SUBDIVISION be APPROVED. ROLL CALL: Aldermen: Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. GENERAL: a. ORDINANCE 1088 (#16-97) AN ORDINANCE PROVIDING POLICY GUIDELINES AND STANDARDS FOR THE EXERCISE OF LOCAL AUTHORITY TO REGULATE TELECOMMUNICATIONS PROVIDERS AND SERVICES WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; CREATING JACKSONVILLE MUNICIPAL CODE 5.40, ET. AL.; DECLARING AN EMERGENCY, AND, FOR OTHER PURPOSES. Alderman Smith related that the Planning Commission passed on the Ordinance in its entirety with no changes. Alderman Smith moved, seconded by Alderman Ray to place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, 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 Wilson that Ordinance 1088 be accepted on second reading. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Motion received nine (9) affirmative votes, (0) negative vote. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 P.M. Alderman Fletcher moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1088 on Third and Final Reading. ROLL CALL: Aldermen: Smith, Lewis, Sansing, 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 Smith to amend Ordinance 1088, 5.40.050 Section C-4, Fee Rquirements to read as follows: Application for a TUP shall be submitted with a payment of Ten Dollars ($10.00) per foot overall height of WCF up to a maximum of One Thousand Twenty dollars ($1,200.00). ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Amendment Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Sansing, that Ordinance 1088 be APPROVED AND ADOPTED as amended. ROLL CALL: Aldermen: Smith, Lewis, Sansing, 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 1088 THIS THE 20th DAY OF NOVEMBER, 1997. b. ORDINANCE 1089 (#17-97) AN ORDINANCE VACATING AND CLOSING THAT UNDEVELOPED PORTION OF CRESTVIEW DRIVE IN THE CITY OF JACKSONVILLE, ARKANSAS. (GENERAL LOCATION: ADJACENT TO BART GRAY REALTY COMPANY AND T.P. WHITE DRIVE, JACKSONVILLE); AND, FOR OTHER PURPOSES. Alderman Keaton moved, seconded by Alderman Ray, that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 P.M. Alderman Smith moved, seconded by Alderman Sansing, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, 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: Smith, Lewis, Sansing, 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 Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Ray moved, seconded by Alderman Howard, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Smith, Lewis, Sansing, 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 Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Lewis moved, seconded by Alderman Sansing that ORDINANCE BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Williamson that THE EMERGENCY BE APPROVED AND ADOPTED. ROLL CALL: Aldermen: Smith, Lewis, Sansing, 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 1089 THIS 20th DAY OF NOVEMBER 1997. DEVIATION IN AGENDA: Mayor Swaim related that Economic and Community Development Director Phil Sullivan has submitted a letter of resignation for reasons explained in the letter regarding needs in his family following a death in the family. He commended the great job performed by Mr. Sullivan and wished him well. He related that Mr. Sullivan has accepted a position as the Chief Operating Officer (COO) of the City of Tuepelo, Mississippi which is near his family. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 P.M. RESUME AGENDA: c. PRESENTATION: Proposed 1998 Budget Copies of the proposed budget for 1998 were given to Council and copies were provided to the press. Mayor Swaim related that department heads had turned in conservative budgets for 1998. He pointed out that income projections (page ten) do not show a lot of growth even though there is a $514,000.00 dollar increase from last years budget. He related that complicating factors such as an additional $175,000.00 payroll occuring in 1998 which is actually earned in December affects payroll estimates every eleven years. He related that an unfinished list of items including venting system for the Fire Stations, Aerial photography, renovations for the Bailey Building (Old City Hall), asbestos abatement, including renovation at one of the Fire Stations, have been brought forward totaling 335,000.00 which has been moved from fund balances last year and added to the opening balance of this year. Alderman Wilson noted that sales tax is projected to increase by 50,000.00 dollars and questioned if a decrease in Wal-mart sales was included in that figure. Mayor Swaim related that with the re-assesment last year there was no growth end of the sales tax factored into what would have been the five mill property tax, adding that at the time the one cent sales tax was passed it was supposed to replace the five mill property tax and the growth that it may have. In response to a comment by Alderman Wilson, Mayor Swaim concurred that State Turnback funds continue to decrease not only in the General Fund but also in the Street Fund. He explained State funding last year was better than what it appears to be for the coming year. Mayor Swaim related that salary increases of 3.5% with grade adjustments for lower paid employees are proposed in the 1998 budget. Other general discussion followed with encouragement by Mayor Swaim that the Council consider the proposed budget for action at a future meeting. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING NOVEMBER 20, 1997 7:00 P.M. - 8:00 P.M. APPOINTMENTS: ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer