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02 AUG 01.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 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 August 01, 2002 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, Director of Administration Murice Green, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Police Chief Ruthven, Planning Commission Chairman Art Brannen, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs, Wastewater Manager Mayor Swaim. Mrs. Hughes, Wastewater Chairman Joan Zumwalt, Mr. & Mrs. Tommy Bond, Mr. Pat O’Brien, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of July 18, 2002 for approval and/or correction at the next Regularly Scheduled 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 20 June 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPT: Request to Accept Bid Multi-Channel DVD/Ram Rewritable CD Chief Ruthven related that after evaluating the bids he is recommending the low bid from Voice Products. He stated that the initial bid from Voice Products in the amount of $10,861.00 did not offer an uninterrupted power supply, but did offer it as a $399.00 option. He asked that the Council approve the power supply option. He added that even with including the option, the bid is still the lowest bid submitted. Alderman Elliott moved, seconded by Alderman Sansing to accept the bid from Voice Products in the amount of $11,260.00. MOTION CARRIED. Mayor Swaim related that this item is a budgeted item. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: Public Hearing 7:00 P.M. Mayor Swaim opened the public hearing at approximately 7:02 p.m., explaining that the Ordinance deals with refinancing a revenue bond for the Pathfinder Organization. He related that the City had financed the bonds some years ago, pointing out that current low interest rates makes it feasible to refinance and add to the bond issue. He stated that there is no obligation by the City regarding repayment or default. With no one to speak in opposition, Mayor Swaim closed the public hearing at approximately 7:05 p.m. ORDINANCE 1181 (#11-02) AN ORDINANCE APPROVING ISSUANCE OF REVENUE BONDS BY THE CITY OF JACKSONVILLE, ARKANSAS’ HEALTH CARE (DEVELOPMENTALLY DISABLED) FACILITIES BOARD; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1181 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1181 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1181 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Stroud moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1181 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Howard moved, seconded by Alderman Sansing that Ordinance 1181 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1181 THIS 1st DAY OF AUGUST 2002. Mayor Swaim complimented the Pathfinders Organization, saying that he wanted to recognize their efforts in the Jacksonville community and other communities. He noted the attractiveness of the new building as a compliment to the work center constructed last year. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. In response to a suggestion from Alderman Elliott, Mrs. Joan Zumwalt invited the City Council to tour the new facilities and attend the dedication. b. FINAL PLAT Oak Ridge Ranch Subdivision Mayor Swaim related that with the petitioner’s consent, the item of business was tabled at the previous City Council meeting. Alderman Fletcher moved, seconded by Alderman Smith to remove the item of business from being tabled. MOTION CARRIED. Mayor Swaim stated that it is his understanding that requirements to move forward with the subdivision have been met. City Engineer Whisker pointed out that the developer will meet with the Wastewater Department regarding funds for 10-years of Operation and Maintenance costs. Mayor Swaim stated that the understanding is that the developer may proceed with selling lots, adding that the building permits will convey that sewer is not available until the pump station is operational. Alderman Stroud moved, seconded by Alderman Smith that the Final Plat of Oak Ridge Ranch Subdivision be approved. MOTION CARRIED. c. ORDINANCE 1182 (#12-02 AN ORDINANCE REMOVING CERTAIN PROPERTY FROM THE CONDEMNATION LIST; MODIFYING JACKSONVILLE MUNICIPAL ORDINANCE NO. 1180; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1182 addresses the removal of property at 212 East Pine Street from the condemnation list. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1182 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1182 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1182 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. Alderman Sansing moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1182 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1182 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1182 THIS 1st DAY OF AUGUST 2002. d. ORDINANCE 1183 (#13-02) AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF VARIOUS REAL PROPERTY LOCATED ON THE SOUTHEAST SIDE OF JACKSONVILLE (COMMONLY REFERRED TO AS THE SOUTHEAST ANNEXATION); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the annexation is along Loop Road and Military Road also known as Hwy 292. He stated that the petition for annexation has been before the County Judge as a voluntary annexation. City Engineer Whisker related that annexation is a total of 99 acres. Mayor Swaim pointed out that the property would include the new site for First Electric Headquarters. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1183 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1183 be accepted on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Alderman Lewis moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1183 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. Alderman Lewis moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1183 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance title. In response to a question posed by Alderman Stroud, Mayor Swaim related that there are three residences involved in the annexation. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. Alderman Sansing moved, seconded by Alderman Howard that Ordinance 1183 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Alderman Fletcher moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1183 THIS 1st DAY OF AUGUST 2002. e. RESOLUTION 564 (#9-02) A RESOLUTION ADOPTING THE HEALTH AND SAFETY MANUAL FOR THE EMPLOYEES OF THE CITY OF JACKSONVILLE; SUPPORTING CONTINUED DEVELOPMENT BY THE CITY OF A SAFE WORK ENVIRONMENT PROGRAM AND SYSTEM; AND, FOR OTHER PURPOSES. Mayor Swaim related that Resolution 564 adopts changes to the safety manual, adding that the manual and a synopsis of changes was provided at the previous City Council meeting. Alderman Sansing moved, seconded by Alderman Stroud to read Resolution 564. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Lewis moved, seconded by Alderman Sansing to approve Resolution 564 (#9-02). MOTION CARRIED. EXECUTIVE SESSION: Alderman Smith moved, seconded by Alderman Lewis that City Council adjourn to EXECUTIVE SESSION at approximately 7:18 p.m. to discuss personnel issues. Mayor Swaim clarified that only members of the City Council or the person being discussed or that person’s supervisor are allowed by State Law to be included in an executive session to discuss personnel issues. At this time, MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Smith that the City Council adjourn from Executive Session and return to regular session at approximately 7:49 p.m. MOTION CARRIED. Mayor Swaim related that there would be no formal action forthcoming from the Executive Session. Discussion ensued regarding early campaign signage that has appeared in Jacksonville. Mayor Swaim related that some signs have been taken down, pointing out that signs are not to be displayed until September 6. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. Parks and Recreation Director George Biggs related that August 15th has been scheduled for the dedication of the new Skate Park. In response to a question from Alderman Twitty, Mr. Biggs stated that there are no plans to extend the Skate Park. He then addressed issues regarding reports of problem activity at the Skate Park, saying that any minor issues are being worked through. Mayor Swaim related that problems involving youth fights have also been experienced at the soccer and football programs. He stated that these issued are being addressed at the Skate Park in the same manner as handled at all City functions. Discussion ensued regarding a reported issue involving older boys offering marijuana to younger boys. Alderman Ray stated that he has spoken with parents who visit and supervisor their children’s activity at the Skate Park, saying that the parents have praised the City for establishing the Park. He stated that he believes the Skate Park is more of a positive entity in the community, than a negative one. Mayor Swaim stated that the Mayor of Benton has shown interest in the Park, and plans to build a Skate Park in the near future. He stated that while he originally resisted the idea of a Skate Park, he believes there is a demand for Skate Parks. Other discussion ensued regarding the popularity of Jacksonville’s Skate Park in other communities. Mayor Swaim stated that there has been discussion regarding possibly fencing the Skate Park. He then pointed out that he had visited a Skate Park in the small town of Buffalo Minnesota, adding that the Mayor of Buffalo had related that an industry in town had donated approximately $60,000 to fund the construction of the skate park. He related that fencing the park may be addressed in the coming budget. Alderman Sansing noted that the parents are involved, having observed a child of four being taught to inline skate. Chief Ruthven stated that the Police Department has not been called regarding a need for assistance from anyone visiting the park. Mayor Swaim related that he had suggested that the paramedics, ambulance crews, and EMT’s visit with children using the park and conduct informational talks regarding safety issues. He then suggested that the Police Department visit with a similar agenda. Mayor Swaim stated that the 911 Center has received a lightening strike that damaged some of the equipment. He stated that there has not been a problem regarding 911 dispatch from Pulaski County who is handling the dispatch until the equipment is repaired. He reported that this is the third time lightening has struck the 911 Center, adding that the only CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 01, 2002 7:00 P.M. – 7:54 P.M. factor that seems to contribute to the Center being struck by lighting, is that the Center is located at the highest point in Jacksonville with a tower that extend over 100 feet. He stated that the insurance will cover repair costs. APPOINTMENTS: ANNOUNCEMENT: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:54 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer