97 SEP 04.DOC CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 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 September 4, 1997 at the regular meeting place of the Council. Alderman Howard 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, Wilson, Williamson, Keaton, and Howard answered ROLL CALL. Alderman Fletcher came in at approximately 7:09 p.m.. PRESENT
TEN (10), ABSENT (0). Mayor Swaim answered ROLL CALL and declared a quorum.
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, from the Office of
Economic and Community Development Frank Rowland, Fire Chief Rick Ezell, Chairman of the Sewer Commission Joan Zumwalt, Wastewater Manager Dave Thomas, Chamber of Commerce Director Mickey
Anders, Mrs. Edith Smith, Wastewater Commission members, Mr. Steven Ward, intern from Mayor Swaim's office, 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 August 21, 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 August 7, 1997 be APPROVED. MOTION CARRIED.
CONSENT AGENDA: ANIMAL CONTROL DEPT.
Alderman Wilson moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for the month of August, 1997.
Report reflects the following:
REVENUES...............................$ 632.50
CONTRIBUTIONS..........................$ .00
ADOPTION/FINES ........................$ 632.50
SECURITY DEPOSITS......................$ .00
TOTAL..................................$ 632.50
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Howard voted AYE. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & REC DEPARTMENT:
SANITATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL:
a. ORDINANCE 1083 (#11-97) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF PURCHASING AN EMERGENCY RECORDING SYSTEM; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim explained that the item has been before the Council previously. He related that a comparable piece of equipment desired for competitive bidding could not be found by Chief
Ezell with one exception. He said the Chief did not feel comfortable with the equipment in that it was new on the market and had not been tested and that there was no other city to
recommend it.
Chief Ezell related that the communication equipment to be purchased is a digital recorder unlike the systems being used now which is antiquated. He said that the Police Department
uses a reel-to-reel Dictaphone and the Fire Department uses a VCR type system. He pointed out that the new system uses about 550 hours of voice activation, adding that each tape can
be used approximately two weeks. He said that it is designed to capture talk groups relating that the City of Memphis and the State Police in Tennessee and Missouri are using the equipment.
He said that the system will handle up to four operators at once with regard to recording calls.
Alderman Wilson moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, 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 Sansing to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, 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
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Smith moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, 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 Elliott to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
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 Howard, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, 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 Lewis moved, seconded by Alderman Ray, that Ordinance 1083 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing, that EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1083 THIS THE 4th DAY OF SEPTEMBER, 1997.
b. ORDINANCE 1084 (#12-97) AN ORDINANCE REQUIRING INDEPENDENT CANDIDATES FOR MUNICIPAL OFFICE OF THE CITY OF JACKSONVILLE, ARKANSAS, TO FILE PETITIONS FOR NOMINATIONS AS INDEPENDENT
CANDIDATES WITH THE PULASKI COUNTY BOARD OF ELECTION COMMISSIONERS NO LATER THAN NOON OF THE DAY BEFORE THE PREFERENTIAL PRIMARY ELECTION; ESTABLISHING A METHOD OF PUBLICATION OF SAID
PROVISIONS; AND FOR OTHER PURPOSES.
After brief comments regarding the procedure followed in the past with regard to independent candidates, it was determined that there is approximately a three month period lost in the
filing process
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
with passage of the ordinance. Mayor Swaim pointed out that all candidates filing for public office will be required to file before the May primary election.
Alderman Smith moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Ray moved, seconded by Alderman Sansing to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Williamson, Keaton and Howard 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 Elliott, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard 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 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1084 THIS THE 4th DAY OF SEPTEMBER, 1997.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
c. ORDINANCE 1085 (#13-97) AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE PERCENT (1%) SALES AND USE TAX FOR FORTY-TWO (42) MONTHS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; PRESCRIBING
OTHER MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Lewis to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton
and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Mayor Swaim explained that the election has to be set with passage of an ordinance by the Council and then a second ordinance has to approve the ballot for the election.
City Attorney said Ordinance 1085 levies the tax only when approved by the voters at a special election. He said that ordinance 1086 will actually call the election as required by
State Statutes.
Mayor Swaim voiced that OPTION 1, as presented to the City Council on August 21, 1997 WITH ALTERATIONS, is inclusive in the ordinance. He pointed out that the sales tax receipts as listed
will be changed from $7,200,000.00 instead of $8,400,000.00 with the deletion of the O & M.
Mr. Larry Gaddis reviewed Option 1:
Utility Contribution $ 1,500,000.00
Air Force Base $ 1,310,000.00
Rate increase (3 1/2 yrs) .00 (beginning 2001)
Prepayments .00
For O&M $ 302,070.00
Loan Proceeds .00
Cumulative Loan Payments .00
Sales Tax $ 8,400,000.00
TOTAL $11,512,570.00 (not counting the million dollar contribution by the City of Jacksonville)
He said that the ordinance sets forth a user charge increase in the year 2001 and includes the million dollar contribution to the project from the City of Jacksonville to the project
which reduces the total requirement from the sales tax. He said that the option assumes that everything at this point with regard to projections of cost estimates and bids being good
and that the sales tax rate produces what is anticipated and the existing O&M will be covered as projected.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Mayor Swaim related that the sales tax needs to be implemented in quarters adding that the Council can set the tax for three years plus.
Mr. Gaddis said that the big demand will hit about 1999 with regard to the Administrative Order from EPA adding that the final day to start construction is April of 1999.
Mayor Swaim pointed out that predictions with reference to recession and competition are impossible to factor into the overall project.
Comments from the Council were suggestive that a longer time for the one cent (1%) sales tax would be better than running short of funds and the general consensus was for a forty-two
(42) month period with use of all sales tax money collected before a user fee increase is implemented.
Mayor Swaim related that the ordinance sets forth that the general public will be given the opportunity to vote for or against a one-cent (1%) sales tax. He said that a rate increase
is the other option which involves bond activity thus creating an interest indebtedness of approximately seven (7) million dollars.
Mayor Swaim stated that the action by ordinance is necessary due to the "Administrative Order" handed down by EPA.
Mr. Mickey Anders related that the Chamber of Commerce has not taken a public stand for or against a one-percent (1%) sales tax.
He said that approximately 200 surveys were sent to members of the Chamber of Commerce with reference to the issue at hand. He said that thirty-five responded by fax in favor of Option
1.
Alderman Fletcher stated that he feels the decision is that of the general public and not the City Council pointing out that they will decide which of the two, a one-percent (1%) sales
tax or a rate increase, is to be administered to fund the EPA mandates.
Mayor Swaim said that he feels letting the public make up their mind about the issue is fair.
Alderman Fletcher moved, seconded by Alderman Smith to amend Ordinance 1085 to read forty-two (42) months rather than thirty-six (36) months. ROLL CALL: Aldermen: Elliott, Smith,
Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY (0) Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Wilson moved, seconded by Alderman Sansing to ACCEPT Ordinance 1085 as amended on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1085 as amended on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray,
Wilson, Fletcher, Williamson, Keaton and Howard 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 1085 as amended be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Williamson Keaton and Howard 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 Sansing moved, seconded by Alderman Ray, that Ordinance 1085 as amended be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1085 THIS THE 4th DAY OF SEPTEMBER, 1997.
DEVIATION IN AGENDA:
Alderman Smith moved, seconded by Alderman Ray to SUSPEND THE RULES AND PLACE 1086 (#14-97) on the Agenda for action. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Williamson, Keaton and Howard voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
b. ORDINANCE 1086 (#14-97) AN ORDINANCE CALLING AN ELECTION AT A SPECIAL ELECTION IN THE CITY OF JACKSONVILLE, ARKANSAS, ON THE QUESTION OF LEVYING A ONE PERCENT (1%) SALES AND USE TAX
FOR FORTH-TWO (42) MONTHS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; DEFINING THE TERM "SINGLE TRANSACTION"; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
Alderman Keaton moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. (City Attorney
Bamburg read the ballot title.)
Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard voted AYE. Motion received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Howard to ACCEPT Ordinance 1086 on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1086 on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Williamson, Keaton and Howard 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 Elliott, that Ordinance 1086 be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Williamson, Keaton and Howard 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 1086 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing, that EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson,
Keaton
and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE, ARKANSAS
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 1997
7:00 P.M. - 7:28 P.M.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1086 THIS THE 4th DAY OF SEPTEMBER, 1997.
DEVIATION IN AGENDA: CDBG PROJECT / Request to accept Bid / BOYS & GIRLS CLUB
Alderman Elliott moved, seconded by Alderman Smith to place on the Agenda a request to accept a bid for the Boys & Girls Club CDBG Project. MOTION CARRIED.
Mr. Frank Rowland pointed out that the cost of the project was budgeted in the 1997 budget at $21,000.00.
Alderman Smith moved, seconded by Alderman Williamson that the bid of $18,500.00 from Lassiter to the CDBG Department, for the Boys & Girls Club Drainage Project be accepted. MOTION
CARRIED.
ANNOUNCEMENTS:
Mayor Swaim pointed out that there will be a meeting of the Telecommunications Committee chaired by Alderman Smith at 4:00 p.m.
September 10, 1997.
Alderman Keaton requested that the committee working toward an ordinance governing fencing of undesirable locations referencing storage of cars, appliances, etc., will meet at 6:00 p.m.
18 September 1997 in the Council Chambers.
Alderman Fletcher suggested that a committee be formed to work on developing more landscaping related to businesses in the City.
Mayor Swaim requested that the City Clerk retain written data submitted by Alderman Fletcher for distribution to a committee to be formed in the near future.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 7:55 p.m.
Respectfully,
___________________________ ____________________________
Lula M. Leonard MAYOR
City Clerk-Treasurer