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91 JAN 17.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on January 17, 1991 at the regular meeting place of the Council. Alderman Gary Fletcher delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton were present. Alderman Smith came in at 8:18 p.m. Alderman Twitty was absent. PRESENT, NINE: (9), ABSENT, ONE (1). Mayor Swaim also answered ROLL CALL and declared a quorum. Mayor Swaim voiced that Alderman Twitty's absence is due to her hustand being seriously ill. Others present for the meeting: City Attorney Robert E. Bamburg, Asst. Fire Chief Bill Baldridge, City Engineer Duane Reel, Assistant Finance Director Paul Mushrush, Deputy City Clerk Teresa Parker, Code Enforcement Officer John New, Sanitation Department Superintendent Billy Gilmore, Park & Recreation Director Annabelle Davis, Community Development Director Tony Ply, Hagan Breeding of the Animal Control Department, Water Commission Chairman Mr. Pat Wilson, Wastewater Utility Manager Dick Morris, Representatives Mr. Jim McKensie and Mr. Hugh Ernest of from Metroplan Executive Director of Pathfinder Colleen Black, Pathfinder Board Member Joan Zumwalt, 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 January 3, 1991 for study and action at the next regular meeting of the council. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Wilson that the minutes of the Regular City Council Meeting of December 20, 1990 be APPROVED. MOTION CARRIED. CONSENT AGENDA: a. ANIMAL CONTROL DEPARTMENT Alderman Wilson moved, seconded by Alderman Sansing that the Regular Monthly Report for December which reflects: Adoptions and Fines. $967.00, Security Deposits, $300.00 totaling $1,267.00. and the Annual Report which reflects: Contributions, $255.00, Adoptions/Fines $10,433.42, Security Deposits $1,700.00 totaling $12,388.42 be APPROVED. ROLL CALL: Alderman Knight, Lewis, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY 0. MOTION CARRIED. b . FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Wilson that the Regular Monthly Report of the Jacksonville Fire Department for the month of December, 1990 which reflects an estimated fire loss of $62,995.00. ROLL CALL: Aldermen: Knight, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY 0. MOTION CARRIED. WATER DEPARTMENT: ANNUAL REPORT by Mr. Pat Wilson Water Commission Chairman Mayor Swaim introduced the Chairman of the Water Commission Mr. Pat Wilson who gave a verbal report of the activity of the Water Department for the year 1990. Some of the outstanding statistics were as follows: (1) 1.5 million gallons of water was produced in 1990 (2) No greater loss than 5% of total gallons produced with lines being maintained (3) Eight licensed operators (three more than required by the State Health Dept.) (4) Construction of a water tank costing approximately one million dollars (5) Projects in Sunnyside and Marshall Road costing approx. $170,000.00 / with no increase in rates (6) Addition of new computer system which will eventually cut out one employee / improving billing procedures He expressed that the Water Department is in excellent shape financially and thanked the Council for the opportunity to address them. He said that a written report will be mailed to each Council member in the near future. SEWER DEPARTMENT: ANNUAL REPORT by Dick Morris, Manager of the Wastewater Department A written report was presented by Mr. Morris. He related the following statistics from the report. (1) Construction of five thousand five hundred feet of new trunk line on the east side of Jacksonville costing approximately $333,000.00 (2) Slip lining capabilities for rehabilitation of present lines CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. (3) 1991 project/land application of sludge (4) 1991 project/relocation and enlargement of pump station on Northeastern POLICE DEPARTMENT: STREET DEPARTMENT: Request to AMEND 1990 STREET DEPT. BUDGET Mayor Swaim said that funds were used which were available in the street department and that amending the budget is not required by the auditors but is requested by City Finance Director Gene Kelley. He said that $179,000.00 was taken from unappropriated funds and placed in Street Department Funds for the purpose of paving and the purchase of a mower to be used in ditch work. Alderman Wilson moved, seconded by Alderman Williamson that the Street Department budget be amended; $1,182,800.00 total. ROLL CALL: Aldermen: Knight, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY 0. MOTION CARRIED. PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: ORDINANCE 940 (#3-91) Re: Request by Pathfinder Inc. to rezone from R-1 to R-3 a parcel containing approximately 1.7162 acres located on Loop Road Alderman Lewis moved, seconded by Alderman Wilson ,that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Lewis, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. Alderman Sansing voted NAY. Motion received seven (7) affirmative votes, (1) negative vote. MOTION CARRIED. Ordinance read FIRST TIME by City Attorney Robert E. Bamburg. Alderman Ray posed a question regarding flooding in the mobile home park adjacent to the parcel up for rezoning. City Engineer Reel said arrangements have been made with the executors of the estate and with property owners adjacent to the park for a fifty ft. easement so that timber can be cleared and a ditch installed which will help to move the water more quickly away from the low lying areas. He said that the city has plans to clean the ditches which will also aid in flood control. He said that he feels the easement will help with the water problem. Mr. Reel said that the easement is conditional on the rezoning being approved. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. It was pointed out that the zoning of the Beechwood Subdivision is R-4, mobile homes, and the zoning request by Pathfinders for the 1.7162 acres is R-3, multi-family. Alderman Wilson moved, seconded by Alderman Williamson, that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Lewis, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. Alderman Sansing voted NAY (1). Motion received seven (7) affirmative votes, (1) negative vote. MOTION CARRIED. ACCEPTED ON FIRST READING. Alderman Ray moved, seconded by Alderman Lewis , to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Lewis, Ray, Wilson, Fletcher, Williamson and Keaton and Twitty voted AYE. Alderman Sansing voted NAY (1). Motion received seven (7) affirmative votes, (1) negative vote MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the SECOND TIME. Alderman Wilson moved, seconded by Alderman Knight, to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Sansing voted NAY. Motion received seven (7) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Robert E. Bamburg read the Ordinance for the THIRD AND FINAL TIME. Alderman Ray moved, seconded by Alderman Wilson that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Lewis, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. Alderman Sansing voted NAY. Motion received seven (7) affirmative votes, (1) negative vote. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 940 THIS 17th DAY OF January 1991. GENERAL: a. DISCUSSION: Membership in Metroplan Sanitation Authority Mayor Swaim introduced Mr. Jim McKensie, Executive Director of Metroplan and Solid Waste Analyst Mr. Hugh Ernest. Mr. McKensie made a presentation regarding regional solid waste management. He noted that in 1988 the Metroplan Board at a Planning Retreat identified a regional solid waste management as a goal for the region with a recommendation a year later that a CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. solid waste management study begin. He noted Act 870 passed in 1989 which required regional solid waste management planning. He said that a key concept of the study was that citizens be brought in with comments and search for solutions to the problems. He said that contributions were necessary in that the state did not provide funding for the project even though they required it. He noted that area cities in Pulaski County have raised $140,000.00 to fund the study which began in September of the same year that Act 870 was passed. He said that the study was finished in June and that it is shown due to the fixed costs which will be required by the new federal landfill regulations, that regional cooperation is essential in keeping costs down to the citizens of the different communities. He said that the more the cooperation from cities, the less cost to citizens in collection fees. He said that the Citizens Advisory Committee advised that one or more regional authorities be formed in the metropolitan area as soon as possible. He mentioned the non-binding resolutions of intent passed by cities to partiscipate in a regional solid waste management study for Pulaski County. He said that the Arkansas Soil and Water Conservation Commission has some general obligation bonds, which may be used for solid waste management and are already approved by the citizens which can be borrowed at very attractive interest rates. He said that a request has been made to the commission to commit to loan up to a million dollars to the solid waste effort, which will be needed for interium financing for engineering and sight selection. He added that the whole cost of the project could be in excess of twenty-five million dollars. He said that Ordinances have been sent to those partiscipating cities for approval as the next phase of the project is begun. Mr. Ernest explained the ordinances noting that they are the culmination of an approximate two-year process. He said that they authorize membership in the Metropolitan Sanitation Authority and also authorize the execution of a joint financing agreement. He said that attachments, one being details of the joint financing agreement and the application for approval of the formation of the Metropolitan Sanitation Authority, will have to be filed with the Secretary of State. He explained in detail Ordinances 941 (#4-91) and 942 (#5- 91) which are on file in the office of the City Clerk. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. It was pointed out that the initial membership shall include Pulaski County and all incorporated cities and towns therein who pass the ordinance by July 1991. He said that another crucial point is that disposal fees to all members in good standing shall be the same. He noted that the Hoard of Directors for the Authority shall be appointed by the respective councils, boards and quorum court and that each governmental entity shall have one appointee. He pointed out that the appointee shall be a member of the elected body or the chief executive of the council, board or quorum court, filling a one-year term and can be removed at any time by vote of the appointing body. He said that the voting on user fees and authority debt shall be weighted based on population with no entity having more than fourty percent of the entire voting power. He related that a vote of three entities is required to control the passage of user fees and authority debt. He pointed out that in other matters, each entity shall have one vote and that a majority shall prevail. Mr. McKensie said that the weighted vote formula is as follows: no single entity shall have more than fourty percent of the whole. He explained that the preliminary 1990 Census was taken and the percentage of population was calculated, noting that Little Rock was capped at fourty, and that votes assigned totaled ninety-two. He said that eight votes were re- distributed explaining that the total population of all of the jurisdicitions, less Little Rock, dividing each entities population into the total, times the eight votes to be distributed, calculated the votes each entity should receive, bringing the total to one hundred. There were comments regarding the voting process. Mr. Ernest said that Ordinance 941 (#4-91) has the attachment which governs the conditions of the borrowing of the million dollars which is initially the responsibility of the individual entities that sign the agreement. It was pointed out that Jacksonville's maximum amount will be between eighty-two and ninety thousand dollars 'or three dollars and twenty-five cents per capita. He said that the amount of interest only for the City of Jacksonville for a two-year period is $12,270.00 adding that Jacksonville's buy-in is $6,135.00 per year. He noted that at the end of the two-year period the Authority will be in a CITY OF JACKSONVILLE. ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. position to issue permanent financing in that the repayment of the loan principal will be rolled into the permanent debt structure. He added that the total of eighty to ninety thousand dollars can be paid back over a thirty year period if the city so chooses. Mayor Swaim noted that in preparation of the 1991 budget, money was made available to cover the initial funding needed for the City of Jacksonville to partiscipate in the project. It was noted that Mr. Robert Stroud and Mr. Mike Abdin represent the citizens of Jacksonville on a citizens advisory committee which is involved in citing criteria and in weighing criteria for landfill citing and other facilities as appropriate in Pulaski County. It was requested by Alderman Wilson that those persons coming into the venture be required to contribute their fair share of financing in the project. Mayor Swaim said that the loan extension of February 28, 1991 makes it necessary for the Council to take action on Ordinances 941 and 942 prior to that date. It was suggested that the Council take action at the February 7, 1991. It was pointed out by Mr. McKensie that he does not foresee the need to go out of Pulaski County to find a suitable landfill site adding that PC & E will have to give approval of the site. He said that if any named entities do not come into the authority by the July, 1991 deadline, then they will be considered for membership as any other city which desires to come into the authority by a unanimous approval of all of the members of the Solid Waste Authority and terms set by those members. He added that disposal fees have to be the same for members in good standing and that it would be up to the board of directors of the authority to determine the financial element which would place an entity in good standing, thus equalizing contributions of each entity. It was noted that landfills will be developed to accommodate large volumes of refuse in North Arkansas as well as Central Arkansas as comments were made regarding state dictation with regard to the solution of problems such as solid waste disposal. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. It was pointed out by Mr. McKensie that designation of solid waste service areas will be proceeding through Pollution Control and Ecology in the next couple of months. Mayor Swaim said that he feels one problem with the local landfill is that the costs for use has continually gone up since he has been mayor noting a 37% for trash fees over four years. He pointed out that he has a concern that future development of the existing landfill will continue to push more water into the City of Jacksonville Particularly in the Dupree Park and Bayou Meto areas. Appreciation was expressed for the attendance of the representatives from Metroplan. Ordinances 941 and 942 are items to be on the Feb. 7, 1991 agenda. ORDINANCE 9 4 3 (36-91) Re: Amending Animal Control Ordinance/Inspection Fees Mayor Swaim noted that the ordinances have been under consideration for a time noting Council agreement during budget hearings to increase fees with regard to outside the city inspections. Alderman Fletcher moved, seconded by Alderman Knight ,that Ordinance be placed on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Twitty 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 Marshall Smith moved, seconded by Alderman Ray that reading of the Ordinance in full be dispensed with. MOTION CARRIED. Mayor Swaim asked that the portions with reference to changes in the Jacksonville Municipal Code be read by Attorney Bamburg. Alderman Wilson moved, seconded by Alderman Knight , that Ordinance be accepted on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ACCEPTED ON FIRST READING. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. Alderman Fletcher moved, seconded by Alderman Smith , to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL. Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton 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 Fletcher moved, seconded by Alderman Lewis , to further suspend the rules and place the Ordinance on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton 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 Smith moved, seconded by Alderman Lewis that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and Keaton voted AYE. NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen: Knight, smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson and keaton voted AYE. NAY 0. Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 943 THIS 17TH DAY OF JANUARY 1991. COMMITTEE ASSIGNMENTS Mayor Swaim made the following committee assignments. 1. Finance/Purchasing: Marshall Smith/Larry Wilson 2. Fire Department: Phil Keaton/Joe Williamson 3. Police Department: Gary Fletcher/Avis Twitty 4. Recreation/Sanitation: Emma Knight/Joe Williamson 5. Street/Engineering: Terry Sansing/Reedie Ray 6. Community Development: Robert Lewis/Terry Sansing 7. Beautification Department: Avis Twitty/Robert Lewis 8. Commerce Corporation: Emma Knight ACTING MAYOR IN ABSENCE OF MAYOR SWAIM: Reedie Ray CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. d. APPOINTMENTS to SEARCH COMMITTEE Mayor Swaim said that he desires to involve the two bodies most affected by the vacancy at the Police Department, the Civil Service Commission and the City Council. He has asked Ald. Knight, Ald. Ray and Ald. Smith from the City Council and Chairman Dub Myers, Mr. J. L. Simmons and Mr. Billy Bowles from the Civil Service Commission along with Mayor Swaim. He said that an organizational meeting will be held and the intentions of the committee will be presented to the Council. e. Request to Accept Bid/PARKING LOT IMPROVEMENTS-PULASKI C0. HEALTH UNIT Mayor Swaim noted that there were six bids for the improvement noting that the low bid of $8,368.00 has basically been withdrawn. He said that the bidder had realized that the bid was wrong and did not want to be considered for the improvement. He said that the next low bid is $11,377.25 by MCV Inc. Alderman Knight moved, seconded by Alderman Wilson that the bid of MCV Inc. of $11,377.25 be accepted. MOTION CARRIED. Bid sheet information listed on the next page of these minutes. f. Request to Accept Bid/ADDITION TO BOY/GIRLS CLUB Mayor Swaim noted that the bathroom and recreational area additions are greatly needed. He noted that five bids were received, the low bid was $49,500.00 from Versatile Inc.; said bid sheet included in these minutes. Alderman Wilson moved, seconded by Alderman Smith that the low bid of $49.500.00 by Versatile Inc. be accepted. MOTION CARRIED. Alderman Keaton abstained. g. STATE OF THE CITY REPORT Mayor Swaim gave the portion of the STATE OF THE CITY REPORT which is a summation of some of the activity which took place in the year 1990. DEVIATION IN AGENDA: Alderman Fletcher requested that Resolution 434 (#2-91) be placed on the Agenda. He said that he felt the situation in the Persian Gulf calls for the voice of the City Council to be heard CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JANUARY 17, 1991 7:30 P.M. - 9:15 P.M. regarding support for the President, other leaders of our country and the men and women who are standing in defense of our country during this time of war. Alderman Fletcher moved, seconded by Alderman Knight that Resolution 434 be placed on the agenda. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith that resolution 434 (#2-91) be read. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman knight that Resolution 434 (#2-91) be APPROVED. MOTION UNANIMOUSLY APPROVED. APPOINTMENTS: ANNOUNCEMENTS Mayor Swaim pointed out that the deadline for filing financial statements and code of ethics forms for Aldermen with the City Clerk is January 31, 1991. Mayor Swaim stated that city offices would be closed on January 21, 1991 adding that trash will be picked up on Monday. Mayor Swaim reminded the Council of Ordinance 5 3 2 which sets forth the deadline for agenda items to be presented for City Council action at their regular meetings. He noted that the Ordinance governing the meeting place of the Council will be presented at the next meeting for action. Alderman Sansing announced that blood mobiles will be receiving blood at several destinations encouraging those present to partiscipate in the endeavor. ADJOURNMENT: Alderman Wilson moved, seconded by Alderman Lewis that the meeting adjourn at approximately 9:15 p.m. MOTION CARRIED. Respectfully, _______________________ ___________________________ Lula M. Leonard MAYOR City Clerk-Treasurer