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98 SEP 17.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 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 September 17, 1998 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, Fletcher, Williamson, Keaton, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Human Resource Director Steve Ward, City Engineer Duane Reel, Finance Director Paul Mushrush, Public Works Director Murice Green, Fire Chief John Vanderhoof, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Linda Keaton, numerous policemen and firemen, Planning Commissioner Bob Walker, and the following candidates in the upcoming General Election, James Reid and wife, Frederick Gentry, Gerri Prince, and Sherrie Walker. Jacksonville Patriot Editor Jon Parham, and interested citizens were present also. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of September 3, 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 Elliott that the minutes of the Regular City Council Meeting of 20 August 1998 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Elliott to APPROVE the monthly Report for August 1998 of the Jacksonville Fire Department. Said Report reflects a fire loss of $36,200.00 . ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard voted AYE. MOTION CARRIED. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Elliott that the Regular Monthly Report for August of the Jacksonville Police Department be APPROVED. Said report reflects; Fine Settlements $71,334.25, Miscellaneous Payments $ .00, Report Sales $300.00 making TOTAL COLLECTIONS: $71,634.25. ASSESSED: $50,604.25. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Howard voted AYE. NAY 0. MOTION CARRIED. REGULAR MONTHLY REPORT/OECD Alderman Wilson moved, seconded by Alderman Elliott, that the Regular Monthly Report for August, of Economic and Community Development Department be approved. Said report reflects: AUGUST YR-TO DATE CD Public Improvement Projects: a. Projects Bid ............................... 0 1 b. Pre-construction Conference ................ 0 2 c. Interim Inspection ......................... 6 17 d. Project Close-out .......................... 0 2 AUGUST YR-TO-DATE Homebuyer Assistance Grants (HAG): Applications received ......................... 2 8 Approval Pending .............................. 0 N/A Grants Approved ............................... 2 6 Housing Rehabilitation: OECD had two Rehab project work starts and three completed; along with one disability access projects in August. MEETINGS: JUNE YR-TO-DATE Informational Meetings (OE/CD) ................ 4/2 24/27 Public Meeting (OE/CD) ........................ 0/1 0/7 Conferences/Seminars/Training (OE/CD) ......... 0/1 0/6 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton, and Howard, voted AYE, NAY (0). MOTION CARRIED. DEVIATION IN AGENDA: PRESENTATION BY THE ARENA BOARD Mrs. Billie Ann Myers, Nina Cash, Charlie Foster, and Art Humphrey, of the Arena Board presented information regarding work on the Alltel Arena in North Little Rock. The projected date for completion is set for August of 1999 and it was pointed out that total funding at present is seventy-two (72) million dollars. The seating is projected to seat a maximum of eighteen (18) thousand spectators with adequate parking and safety, a priority in the planning. It was pointed out that three million dollars has been set aside for the first couple of years as operational reserve. Mayor Swaim and the Council thanked the Board for the presentation. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. RESUME AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid: Sidewalk Program Mayor Swaim pointed out that $125,000.00 of Street Funds, for the last several years, has been allocated for sidewalk construction. City Engineer Reel voiced that he is comfortable with the low bid from Surrett Construction. Alderman Wilson moved, seconded by Alderman Williamson that the low bid of $104,891.75, from Surrett Construction Co., be accepted with funding from the Street Department Turnback Funds. MOTION CARRIED. b. Request to Accept Bid: Northlake Drainage Project Mayor Swaim asked the City Engineer to make a recommendation to the City Council with regard to the contractor making the lowest bid, Moran Construction. City Engineer Reel stated that the company has never done work for the City in the past and that three good references were supplied. He related that the ditch to be constructed is 335 ft. long. Alderman Keaton moved, seconded by Alderman Howard to accept the low bid of $18,456.35 from Moran Construction with funding from the Street Department Turnback Funds. PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE (#3-98) ANNEXATION Watkins Property AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF THE UNANNEXED PORTION OF THE WATKINS PROPERTY INTO THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim reminded the Council that the annexation item has gone to the County, that a public hearing was held, that the County approved the request, that it bears the signature of the County Judge and that a thirty day waiting period has been met making it timely for the passage of the annexation ordinance by the City of Jacksonville. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. Alderman Elliott 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. 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 Smith moved, seconded by Alderman Sansing 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 Lewis moved, seconded by Alderman Ray 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 Elliott moved, seconded by Alderman Smith, 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 Sansing moved, seconded by Alderman Lewis, that Ordinance 1095 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 Wilson moved, seconded by Alderman Elliott, 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 ten, (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1093 THIS THE 17th DAY SEPTEMBER, 1998. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. GENERAL: a. ARENA BOARD PRESENTATION / SEE DEVIATION IN AGENDA: b. ORDINANCE 1100 (#10-98) Ref: Pay Increase, Pay Scale, & Bi-Annual Evaluation of Current Levels of Pay/Jacksonville Police Department Mayor Swaim recognized City Attorney Robert Bamburg to address the item of business. Mr. Bamburg explained that a sponsor for Ordinance 1100 (#10-98) is not needed as originally thought. He said that there are two ways for issues to be placed on the ballot, initiative petitions such as was filed with the office of the City Clerk by the Police Department, and a referendum through action of the City Council in passing an ordinance. He related that there was an undue hardship worked through by the office of the City Clerk due to information not being received correctly and in a proper time frame from the office of the County Clerk regarding registered voters in the City of Jacksonville. He said he requested that the item be placed on the agenda so the Council could address it, since completion of verification of the voters signatures was uncertain and the possibility existed that it might not be possible for said verification to be accomplished within the proper time frame required for ballot preparation pointing out deadlines set by the Election Commission. He related that there is a sixty day deadline with an initiative petition and with a referendum from the Council there is a thirty day deadline noting that the difficulty was in the Election Commission meeting a printing deadline of two weeks before October 9, 1998, the date absentee voting begins. He said that using the ordinance at the October 1, 1998 meeting of the Council might have missed that deadline pointing out that one part of the law does not necessarily coordinate with the other part of the law. He noted that the signatures of registered voters, on the petitions presented to the Clerk's Office, have been verified and that the appropriate number of registered voters has been certified by said office for presentation to the Board of the Election Commission. He said that presentation to that office on September 18, 1998 will insure presentation on the General Election of 3 November 1998. He stated that action by the Council is not necessary. The Council did not take any action on Ordinance 1100 (#10-98). CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. Alderman Wilson commented that he felt the Council wants to do what it can for the Police Department as well as other departments within the City Government noting that it has said responsibility of doing so. He said that he thought the matter could have been resolved had the Police Department come to the Council before circulating petitions. He related that petitions such as the one circulated by the department takes the authority away from the Council who has the responsibility of passing a budget which allocates the tax money that the City has. He expressed concern that a precedent will be set and that the proposal as presented calls for never cutting back on the number of personnel in the Police Department and the fact that there is a proposal for a step and grade situation that commits future Councils that may or may not be able to generate the funds to pay those wages. He said that he was confident that employees want the assurance that there will be pay increases in the future, but that the further out the Council goes in making those assurances which gives employees the comforts desired puts the Council and the City at a greater risk because there is more uncertainty for the Council and the City. He related that he will help any way he can, commending the job done in getting signatures on the petitions. Alderman Sansing said that he felt the job of the Council is primarily to enact the will of the people for the betterment of all. c. REQUEST TO ACCEPT BID: CDBG PHASE VIII SUNNYSIDE WATERLINE SERVICE PROJECT Frank Rowland, Director of OECD Department related that the reconstruction of the waterlines have been an ongoing project of the City of Jacksonville and funded in part by the Office of Economic and Community Development. He said that Phase VIII is the final phase for the reconstruction of the water main lines noting that the low bidder is IBECX, $74,865.00. He related that he was confident of the bid and requested the approval of the Council. Alderman Smith moved, seconded by Alderman Sansing that the bid of $74,865.00 from IBECX be APPROVED. MOTION CARRIED. (funding from CDBG in conjunction with the Water Department) APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim announced the opening of the Jacksonville Business Development Center on 15 October 1998 from 4:30 p.m. to 6:30 p.m. He said that funds have been set aside for a business incubator with offices at 109 West Main. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 1998 7:00 P.M. - 7:58 P.M. He announced that the Jacksonville Promise will meet on Saturday for a clean-up a concentrated in Sunnyside Subdivision. Mr. Steve Ward pointed out the sign up time, eight to nine o'clock on Saturday 19 September 1998 giving information for activities involved with the program. Committee formation with reference to Modular Home Development Phillip Keaton requested that the Council join with members of the Planning Commission, Commissioners Mark Perry, John Hardwick, Bart Gray Jr., and Bob Walker in an effort to address the Mfg. Modular Home Development in the community. It was pointed out that another meeting of the committee formed to review salaries of the policemen is scheduled for 22 September 1998 at 8:00 a.m. at City Hall. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:58 p.m. Respectfully, ___________________________ ____________________________ Lula M. Hawkins MAYOR City Clerk-Treasurer