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92 JUNE 18.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:00 P.M. - 8:05 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 June 18, 1992 at the regular meeting place of the Council. Alderman Robert Lewis delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Twitty were present. PRESENT, EIGHT (8). ABSENT, (2). Mayor Swaim also answered ROLL CALL and declared a quorum and ex-pressed appreciation for those in attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Parks & Rec. Director Annabelle Davis, Finance Director Paul Mushrush, Deputy City Clerk Susan Goings, other em-ployees, Mrs. Judy Swaim, Planning Commissioner Bart Gray Jr., members of the Park and Rec. Commission, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council Meeting of June 4 1992, for study and action at the next Regu- lar City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of May 21, 1992 be AP- PROVED. MOTION CARRIED. CONSENT AGENDA FIRE DEPARTMENT: Regular Monthly Report/May 1992 Alderman Ray moved, seconded by Alderman Knight that the regular monthly report for May 1992 from the Jacksonville Fire Depart-ment be APPROVED. Said report reflects an estimated fire loss of $76,400.00 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Keaton, and Twitty voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. MUNICIPAL COURT (Probation Officer) Alderman Ray moved, seconded by Alderman Knight that the monthly report for May 1992 from Probation Officer Mike Mahone be AP-PROVED. Said report reflects cases for the month ending April 30, 1992 - 127, Cases added in Month of May 1992 – 11, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:OO P.M. - 8:05 P.M. Probations completed, Month ending May 30, 1992 - 19, for TOTAL CASES AS OF MAY 30, 1992 of 119. Number of Juveniles on Probation - 7. TYPES OF CASES REFERRED IN MONTH OF MAY 1992: Contributing to Del. of Minor - 2, Minor In Possession Of Intox-icants - 2, Theft Of Property - 8. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Keaton, and Twitty voted AYE. NAY 0. Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. WATER DEPARTMENT: SEWER DEPARTMENT: FIRE DEPARTMENT: REQUEST TO ACCEPT BID: Central Fire Station Expansion. Mayor Swaim explained that the request to accept bid for the Fire Station Expansion has been dropped from the agenda due to bid complications. He further expressed that the this will be an item of business an the next City Council Agenda which will be prepared for the July 2, 1992 meeting. POLICE DEPARTMENT STREET DEPARTMENT: RESOLUTION 451 (#9-92) RESOLUTION GRANTING THE ARKANSAS STATE HIGHWAY AND TRANSPORTA- TION DEPARTMENT AUTHORITY TO USE FEDERAL AID MONIES FOR THE HIGHWAY 161 WIDENING PROJECT IN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman knight to APPROVE the reading of Resolution 451 (#9-92) MOTION CARRIED. Mayor Swaim related that if a motion carries to approve Resolu- tion 451, he would propose that $150,00,00 be set aside from the Capital Improvement Fund as the portion due from the City of Jacksonville to complete the project. He further related that through the efforts of the City Engineer and himself the State Hwy Department has agreed to fund the widening from Loop Rd. to Main Street as an 80/20 match. Mayor Swaim expressed that the length of time involved with this project would be two to four years relating the the extent of the expansion is proposed for five lanes. Alderman Fletcher moved; seconded by Alderman Knight to APPROVE and ADOPT Resolution 451 (9-92) CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:00 P.M. - 8:05 P.M. Mayor Swaim complimented City Engineer Duane Reel for his efforts in working with the Highway Department on this and other pro-jects. Mayor Swaim presented the motion (as stated on the previous page of these minutes) that $ 150,000.00 be set aside from the Capital Improvement Fund to aid in the completion of the project. MOTION CARRIED by a voice vote: REQUEST TO ACCEPT BID: Marshall Rd. Drainage Project PHASE I Mayor Swaim pointed out that the item is the first of several projects on a priority list prepared by the City Engineer in 1991. (Bid sheet information included in these minutes.) City Engineer Reel stated that the portion of Marshall Rd. Drain-age project under discussion which goes along Marshall Rd. to just past Hill Rd., the first of four phases, He said that the cost was estimated to be approximately $160,000.00 and that the bids came in at approximately $112,000.00. Mayor Swaim related that he might bring a request for additional improvements along with this phase in the near future. Alderman Knight moved, seconded by Alderman Smith that the bid of B B & B Construction in the amount of $112,750.00 for the First Phase of the Marshall Rd. Drainage Project be accepted. MOTION CARRIED. Mayor Swaim pointed out that the money would be taken from the Drainage Fund which has been appropriated and set aside. Mayor Swaim voiced that the paving project was finished and done well this year. PARKS AND RECREATION DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: REQUEST FOR ACCESS TO PROPERTY ADJOINING DUPREE PARK (REZONING OF PARCEL FROM R-1 TO M-1 ALSO UNDER CONSIDERATION) The request of Mr. Byron McKimmey was voiced by Mayor Swaim. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:00 P.M. - 8:05 P.M. Mr. McKimmey voiced that the property was purchased in 1984 and that in 1986 the owners of the property were approached by the City of Jacksonville for an easement across the thirteen acres when a main trunk line to be used in the sewer system of the city was being constructed. He said that at that time there was verbal assurance given that when development was planned for the parcel they could hook on to the sewer adding that he would appreciate the consideration of the Council for the rezoning of the property. He pointed out that there have been meetings with the Park & Rec Commission, the Planning Commission, and Mayor Swaim trying to get the parcel zoned from residential to a com-mercial or industrial classification. Alderman Knight raised the question of who gave the verbal as- surance to the property owners. Mayor Swaim pointed out that it could have been given by the Wastewater Department explaining that the department is run by the Sewer Commission which is a separate governing body. Mayor Swaim pointed out that the parcel has been cleared, that some fill dirt has been hauled in and that the area is in the 100 year flood plain. Mr. Bart Gray Jr., Planning Commissioner, updated the Council regarding action by the commission. He related that the item was dealt with by the body approximately four months ago. He said that the property is partially landlocked on Redmond Rd. due to a subdivision and has extreme access difficulties on the Dupeee Park side as well. He related that proper access, in his opin-ion, would be off the freeway. He said that the Planning Commis- sion did not feel that access in the park area could be granted if commercial, manufacturing or industrial zoning was granted. He said that the commission had received information from the Park & Rec. Department that they have tried to purchase the prop-erty at a fair and reasonable price. Alderman Fletcher related that he felt decision of the new Plan-ning Commission should be honored in that they have the respon- sibility in the planning and growth of the city. Alderman Wilson raised a question regarding the new interchange proposed for the bean field area and whether or not it would or could affect the access difficulty related to Mr. McKimmey’s property. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:00 P.M. - 8:05 P.M. Mayor Swaim said that there has been conversation with the High-way Dept. and that in the long range plan it could possible be affected. Alderman Knight moved, seconded by Alderman Smith to uphold the decision of the Planning Commission to deny the rezoning of approximately 13 acres from R-1 to M-1 (as first requested by Mr. Byron McKimmey at the 11/12/1991 Planning Commission Meeting). MOTION CARRIED. Alderman Wilson suggested that the Council consider the possibil-ity of getting an appraisal of the property and purchasing the same. A short discussion ensued regarding a time frame of thirty days regarding the possibility of a lawsuit being filed appealing the decision of the City Council. Mayor Swaim voiced that money is available for purchasing the property at a reasonable price. City Attorney Bamburg related that the City of Jacksonville could enter into an agreement that the thirty day element would not be raised as an objection in the event a lawsuit is filed. Alderman Wilson moved, seconded by Alderman Smith that the prop-erty be appraised with the cost of the appraisal to be taken from the Contingency Fund and that the owners of the property be given thirty days from the date the appraisal is received by the City of Jacksonville to make an appeal. MOTION CARRIED. GENERAL: PRESENTATION OF THE 1991 AUDIT Mayor Swaim recognized Mr. Mack McAlister, of McAlister and Associates P.A., who expressed appreciation for the opportunity to serve the City of Jacksonville in performing the annual audit of city funds. He related that no instances were found in the audit where state or federal law was violated and commented that the city is on sound financial footing. (The audit report is on file in the office of the City Clerk.) He related that the total revenues for 1991, exclusive of the Fire and Police Pension and Sanitation Fund was 8.7 million dollars with approximately 38% of the total being provided by the Pulaski County One-Cent Sales Tax with another 23% from tax turnbacks. He said that overall the revenues increased one- half of one percent. He noted that expenditures, exclusive of the CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:00 P.M. - 8:05 P.M. the Fire and Police Departments constituted approximately 46% of the total expenditures for 1990. He commented that expenditures in 1991 increased over 1990 only two-tenths of one percent. He related that 1991 revenues exceeded expenditures for the same period by one million forty-seven thousand dollars, increasing governmental fund balances to 5.1 million by the end of the year 1991. He pointed out that the internal control system was found to be efficient, complimenting city management and indicated that the financial resources of the city are under sound management. He said that recommendations made by the firm have been set in motion already. It was noted by City Attorney Robert E. Bamburg that he is in the process of trying to get clarification from the Attorney Gener-al’s Office regarding the legality of contributions made by the City of Jacksonville to the elderly Activities Program, Desert Praise etc. and that at this point, he is not in agreement with additional information regarding the matter and will request another ruling. Mayor Swaim voiced that the city will continue to fund the Elder-ly Activities Program. Mayor Swaim said that there was no finding that the City of Jacksonville had funded anybody incorrectly out of the budget in the audit report, relating that the information was requested of the City Attorney for clarification from the Attorney General’s office regarding such matters. Mayor Swaim related that one recommendation, regarding the Animal Control Department, of the McAlister Firm in the 1990 audit was carried over into the year 1992 adding that the problem has been solved. Alderman Wilson commended the McAlister Firm for their excellent performance with regard to the audit, pointing out that there has never been a problem with the Legislative Audit Committee and the report from the City of Jacksonville. He commended Mayor Swaim and the staff as he pointed out that spending increased by only two-tenths of one percent in 1991. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 15, 1992 7:O0 P.M. - 8:05 P.M. Mr. McAlister pointed out that management of city finances is excellent expressing appreciation to Mayor Swaim and the staff that his firm was chosen to perform the audit.. Alderman Knight voiced appreciation to the Mayor and his staff, the finance department and the McAlister firm for the advances made and the manner in which the information in the audit report has been enhanced by charts etc. Alderman Smith commended Mayor Swaim for the manner in which he responds to citizens inquiries. Mayor Swaim voiced appreciation for the work of the McAlister Firm with regard to the Municipal Audit. He pointed out that resolutions were passed by the City Council, before he became Mayor, providing a capital improvement fund, a Drainage fund and an equipment fund but with no money in the funds. He related that since his tenure in office money has been funded to the accounts and that from those monies a fire truck costing approximately $500,000.00 was purchased. He noted that an expenditure of $150,00.00 was approved during the present meeting regarding the widening and improvements to Highway 161. He said that he felt that here should be money in reserve to take advantage of opportunities to improve the quality of life for the citizens of the city. APPOINTMENTS: ANNOUNCEMENTS: ARKANSAS MUNICIPAL LEAGUE June 24-26, 1992 Mayor Swaim announced the meeting and encouraged the Aldermen to attend. He announced that City Hall received an award from the Chamber of Commerce for being the best new building in 1991. NON-AGENDA: Health Department Building: Mayor Swaim pointed out that the price of $125,000.00 has been agreed upon by the City of Jacksonville and Rebsamen Hospital for the price of the Health Department Building. He said that he and the County judge met with the Hospital Commission and that a November date has been set for relocation of the department. He said that efforts are under way to find a new location. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 18, 1992 7:OO P.M. - 8:05 P.M. Alderman Fletcher made a point that the Willow Band Apartments do not compliment the surrounding area pointing out that property values are affected by the deterioration of the facility request-ing that efforts be made by the city for stricter codes for maintenance of multiple residential units. Mayor Swaim stated that he was open for suggestions from the Council with regard to increasing regulations of maintenance on the apartment buildings. ADJOURNMENT: Alderman Ray moved, seconded by Alderman Wilson that the meeting adjourn at approximately 8:05 p. m. MOTION CARRIED. Respectfully, ____________________________ _________________________ Lula M. Leonard MAYOR City Clerk-Treasurer