98 OCT 01.DOC CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DR.
The City Council of the City of Jacksonville, Arkansas met in Regular Session on October 1, 1998 at the regular meeting place of the Council. Alderman Robert Lewis delivered the invocation
after which Mayor Tommy Swaim led the standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL, declaring a quorum. PRESENT
eight (8), ABSENT two (2). Alderman Keaton was ill, and Alderman Ray was absent for reasons unknown.
Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Police Chief Larry Hibbs, Finance Director Paul Mushrush, Public Works Director
Murice Green, OECD Director Frank Rowland, Business Development Center Manager Kay Phillips, Mrs. Tommy Swaim, Mrs. Edith Smith, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of September 17, 1998 for approval and/or correction 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 3 September 1998 be APPROVED. MOTION CARRIED.
DEVIATION IN AGENDA:
GENERAL: a. Public Hearing: CDBG / Ghoshen St. Project Re-allocation of Funds
At 7:04 p.m. Mayor Swaim opened the public hearing as advertised by the office of OECD regarding CDBG funding for Ghoshen Street Extension.
Mr. Frank Rowland expressed that property rights cannot be obtained for the extension of Ghoshen St. and that the funding will be lost unless it is committed to a definite project.
He requested that the City Council approve the allocation of $95,000.00 from 1996 funding in the following manner; a "$20,000.00 allocation into rehab funds", "$34,000.00 to parking
lot improvements on Spring St. for the Elementary School", and $41,000.00 to the Fire Department for fire fighting equipment.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
Alderman Williamson expressed that he and Aldermen Keaton and Howard had met with the Fire Department and introduced Mr. Ron Peek to address the item or equipment requested by the department.
Mr. Peek demonstrated the gear used by the fire fighters called PBI Gold as he explained the benefits of said equipment in protecting each fireman pointing out that the life expectancy
of the equipment is from three to five years. He explained that there are plans underway to take care of the gear properly explaining that ultra-violet light and sunlight degrades the
equipment.
Alderman Wilson suggested that the City should replace at least a third of the equipment annually.
Mayor Swaim related that the allocation, if approved by Council as suggested by Mr. Rowland will take care of equipping 2/3 of the firefighting equipment and budget considerations could
be given to the remainder.
Mayor Swaim closed the public hearing at 7:13 p.m.
Alderman Smith moved, seconded by Alderman Lewis to reallocate $20,000.00 for Additional Rehab Funds, $34,000.00 for parking on Spring Street to accommodate the Elementary School, and
$41,000.00 for the Fire Fighting Equipment. MOTION CARRIED.
CONSENT AGENDA:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: RESUME AGENDA:
b. DISCUSSION: Cable TV Study
Mayor Swaim stated that there was a meeting of Metroplan and there was an approval of that group to move forward with a Cable TV Study adding that said action did not commit the cities
involved. He said that a Fiberoptic Cable System has been under discussion by the cities in the Central Arkansas area. He said that three companies have responded with proposals which
are being given consideration for a study to determine the feasibility of whether a cable tv operation, either regional or in each municipality would be feasible and whether it could
be done with revenue bonds as opposed to tax dollars. He said that it will be up to the Council
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
as to whether the City should be involved in the study. He named United Telesystems Inc. of Savanna, Georgia as one of the companies
having submitted a proposal to do the study. He related that the estimated cost for Jacksonville as a part of the study is approximately $14,000.00; Little Rock $67,500.00 to do the
study alone, N.L.R. $25,000.00 and Sherwood $10,500.00 and Maumelle $6,500.00, said price based on the size of the areas. He said the study would take about ninety days for completion.
Alderman Wilson suggested that the item be on the next Regular City Council Agenda and that proposals be looked at regarding what the study entails with references regarding past performance.
Mayor Swaim related that he has information in hand for the Council and that the companies are willing to come before the Council and make a presentation regarding the study.
Alderman Sansing said that the Council needs to know if any real reduction in rates will be offered to the citizens.
Mayor Swaim said the Council should look seriously at any subsidizing of television services. He related that because of the size of Comcast, one of the five largest companies in the
country, adding that few companies want to compete directly with them.
He pointed out that the City does not have control over the Cable TV service, that the FCC has regulatory powers.
c. ORDINANCE 1103 (#13-98) ANNUAL MILLAGE ORDINANCE
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE
OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY
CLERK OF PULASKI COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and
Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Sansing moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
Williamson and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Howard
voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the
Second Time.
Alderman Sansing, moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg.
Alderman Lewis moved, seconded by Alderman Elliott, that Ordinance 1095 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1103 THIS THE 1st DAY
OF OCTOBER, 1998.
DEVIATION IN AGENDA:
At this time Mayor Swaim pointed out that there are three ordinances, numbers 1104 dealing with waiving competitive bidding for Police Department hardware, software, and equipment, 1105
and 1106 dealing with reclassifying certain properties, that may need to be placed on the agenda for action.
He pointed out that there were no objections to either rezoning.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
Alderman Wilson moved, seconded by Alderman Sansing to suspend the rules and place Ordinances 1105, 1106 and 1104 on the Agenda for action. MOTION CARRIED.
c-1. ORDINANCE 1105 (#15-98)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: RAY ROAD, 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 Wilson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Howard
voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Wilson moved, seconded by Alderman Sansing to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and
Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Williamson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance
for the Second Time.
Alderman Lewis, moved, seconded by Alderman Sansing, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg.
Alderman Smith moved, seconded by Alderman Sansing, that Ordinance 1095 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1105 THIS THE 1st DAY
OF OCTOBER, 1998.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
c-2. ORDINANCE 1106 (#16-98)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: TRICKEY LANE AND STATE HIGHWAY 294, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS
213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Sansing moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Howard
voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Wilson moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Williamson and Howard voted AYE. NAY (0). Motion received eight D(8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Elliott to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and Howard
voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Howard moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the
Second Time.
Alderman Elliott, moved, seconded by Alderman Sansing, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg.
Alderman Lewis moved, seconded by Alderman Wilson, that Ordinance 1106 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1106 THIS THE 1st DAY
OF OCTOBER, 1998.
c-3 ORDINANCE 1104 (#14-98)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF PURCHASING ARKANSAS CRIME INFORMATION COMMUNICATION (ACIC) HARDWARE AND SOFTWARE;
DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES.
Mayor Swaim introduced Police Chief Larry Hibbs who related to the Council that the Arkansas Crime Information Center is in the process of upgrading all of their technology and equipment,
putting in new terminals at the facilities that operate off the center. He said they are the source for all warrant information, stolen property, license checks, etc. the hub of all
things needed in law enforcement. He said that an option to purchase the equipment stated in the ordinance was presented to the department by the State on a contract that would be based
on a 36 month payment schedule, $37,800.00 total. He said the benefit of the contract offered by the State will give a twenty-four hour a day, seven day a week, maintenance program
which would not be available any other way. He recommended the purchase contract.
Mayor Swaim said that ACIC is the only State approved agency to handle all the crime information in response to a question from Alderman Sansing regarding other information sources.
Chief Hibbs said that through the ACIC there is access to national crime information center adding that it is a very necessary element.
Alderman Williamson questioned passage of an ordinance with the purchase on State contract.
Mayor Swaim said that the City Attorney recommended that the purchase be done with passage of an ordinance.
Chief Hibbs voiced that it is a lease and at the end of 36 months the City has the option to keep the equipment and utilize it as it is or that it can be traded in and get new equipment
continuing on with another program if desired noting that there is no discount for early payment.
Mayor Swaim said that Chief Hibbs wants to make the purchase under State contract in that he desires to know how well the equipment works as well as the consideration for the 24-hour
response time capability.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
Alderman Sansing moved, seconded by Alderman Williamson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Alderman Sansing moved, seconded by Alderman Wilson to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson, and
Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Williamson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson,
Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance
for the Second Time.
Alderman Elliott, moved, seconded by Alderman Smith, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) 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 1106 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Lewis, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher, Williamson,
and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1104 THIS THE 1st DAY
OF OCTOBER, 1998.
d. REPORT Police Committee
Alderman Howard commented that Aldermen Wilson, Sansing, and Ray also served on the committee. He remarked to Chief Hibbs that the
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
Council is committed to keeping and maintaining a first class Police Department.
He commended Steve Ward and Paul Mushrush for the salary information provided to the committee. He related that over the last ten years there was at least a 3.5% pay raise through all
those years. He remarked that the committee feels the department is doing an outstanding job and will help any way possible.
Mayor Swaim pointed out that there was as much as an 8% raise one year and one year a $1,000.00 flat raise adding that the first two years of his term, there were no funds available
for raises.
He recognized Frank Rowland, introduced in her absence Kay Phillips, Manager for the Jacksonville Small Business Development Center. He noted the GRAND OPENING from 4:30 to 6:00 p.m.
on 15 October 1998 at the "Old Water Department" building which has been transformed into the center. An open invitation was given to everyone to share in the event. Mr. Rowland said
that the service is provided to people who want to start businesses which will be sustained throughout the years.
Mayor Swaim explained that courses will be offered to educate new businesses of taxes, laying out a marketing plan to help their business be maintained for a long period of time.
APPOINTMENTS:
ANNOUNCEMENTS:
Mayor Swaim announced that the committee formed to address modular and manufactured homes will meet at City Hall, at 6:00 p.m. on Monday 5 October 1998 encouraging Planning Commission
and City Council Members to attend.
CITY AUCTION: 3 OCTOBER 1998 at City Warehouse at 9:00 a.m.
MUMSFEST: 3 AND 4 OCTOBER 1998 at Dupree Park with a Parade at 10:00 a.m. in downtown Jacksonville
Mayor Swaim pointed out that the Chamber of Commerce made a contribution which enabled the City to construct the first phase of a stage at Dupree Park which can be used for many years.
He pointed out improvements to the park, namely, the soccer fields and Dupree Lake and the addition of some 200 parking spaces in a paved and marked area. He noted that fifty acres
have been added for future expansion.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 1, 1998
7:00 P.M. - 8:00 P.M.
He pointed out that the American Legion Regional Tournament, a big plus for the community, is being held at Dupree Park commending all volunteer efforts of the citizens of the City.
ADJOURNMENT:
Mayor Swaim adjourned the meeting at approximately 8:00 p.m. MOTION CARRIED.
Respectfully,
___________________________ ____________________________
Lula M. Hawkins MAYOR
City Clerk-Treasurer