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95 DEC 07.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 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 December 7, 1995 at the regular meeting place of the Council. Mayor Swaim delivered the invocation after which he led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Fletcher, and Twitty answered ROLL CALL. Alderman Lewis came in at 7:05 p.m. Present, seven (7). Absent (3). (Alderman Wilson was ill, Alderman Williamson was away on business and Alderman Keaton was on vacation.) Mayor Swaim also answered ROLL CALL, declared a quorum, and expressed appreciation for those in attendance. Others present for the meeting were: City Engineer Duane Reel, Deputy City Clerk Susan Davitt, City Attorney Robert E. Bamburg, Mayoral Aide Michael Beeman, Finance Director Paul Mushrush, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Parks and Recreation Director Zack Rowan, Economic Development Director Phil Sullivan, Executive Director of the Chamber of Commerce Mickey Anders, Attorney Ben Rice and Mr. McLyle Zumwalt representing the Air Park Museum endeavor, Mrs. Judy Swaim, other employees of the City of Jacksonville, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of November 16, 1995 for study and action at the next Regular 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 November 2, 1995 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL REGULAR MONTHLY REPORT/NOVEMBER Alderman Ray moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for the month of November 1995. Report reflects the following: CONTRIBUTIONS............................. $ 0.00, ADOPTION/FINES ............................$ 669.00, SECURITY DEPOSITS..........................$ 175.00, TOTAL.....................................$ 844.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. ROLL CALL: Aldermen: Knight, Smith, Ray, Sansing, Fletcher, and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: LOOP ROAD DRAINAGE City Engineer Reel voiced that the original request was for $38,900.00 and that there is an overrun on the project or approximately 50%. He pointed out that for payment to made to the contractor, Council action would be needed in that anything over 20% would have to be brought for their approval. He explained that problems arose which were not anticipated mentioning the following items: (1) It was not possible to salvage some culverts, (2) ditches needed gravel & SB2 brought in after improvements in undercutting ditch bottoms, (3) an error was made in that half the amount of concrete blocks for the ditch were ordered. He said that there is enough money in Street Dept. Drainage Funds to cover the expense. Mayor Swaim said that the project is a good one and is completed. Alderman Smith moved, seconded by Alderman that $19,100.00 be paid from the Street Drainage Fund completing payment for the Loop Road Project. MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: RESOLUTION 485 (#9-95) Comply with Federal Control Substance Abuse & Alcohol testing Mayor Swaim pointed out that federal regulations which are going to take effect the first of January have to be complied with and introduced Personnel Director Michael Beeman to address the item of business. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. Mr. Beeman stated that action by the federal government in the Omnibus Transportation Employee Testing Act of 1991, effective January 1, 1996 has made it necessary for changes to be made especially for those employees having a CDL drivers license. They will have to participate in a drug testing program; pre- employment, random, reasonable suspicion, post accident, return to duty and follow up testing. He noted that statistics will have to be kept on who was tested, when and why they were tested. He said that three hours of training must be provided for all supervisors and employees. He related that personnel and city policies will have to be changed to meet the federal guidelines. Mayor Swaim pointed out that a school was held, organized and presented by the State Highway Department, at the Community Center with attendees from surrounding cities as well as the City of Jacksonville. He said that the Arkansas Municipal League will be hosting another seminar in the next ten days with regard to the training programs. He said that the cost of testing will be expensive but passage of the Resolution will put the City in compliance with changes in policy beginning in 1996. Alderman Knight moved, seconded by Alderman Lewis that Resolution 485 (#9-95) be read. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Fletcher to approve Resolution 485. MOTION CARRIED. b. Request to Purchase Land for an Air Park Museum Sponsor Alderman Fletcher invited Mr. Ben Rice to address the item of business. Mr. Ben Rice related the ongoing efforts of McLyle Zumwalt to pursue the development of an Air Park Museum for the City of Jacksonville. He then related that a site for the Air Park Museum has been chosen along the south side of Vandenburg Road. He stated that 12.69 acres has been donated from Harold Conart and William Marr. He said that while the land is considered to be low it can be built upon adding that the preference of the board is to purchase an additional five acres of adjoining higher ground as a better building site for the museum. He related that the Air Base has agreed to grant access from Vandenburg Road provided certain conditions are met; the main one being that the access would not be a thoroughfare. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. Mr. Rice proposed that in return for a $50,000.00 investment from the City needed to purchase the additional five acres; the board would dedicate the donated 12.69 acres to the City which in turn could lease the land back to the board for $1.00 a year. He stated that an amendment to legislation proposed in January will enable them to qualify for the $300,000.00 matching grant from the State of Arkansas. He related that Dr. Blackstone, a professional fund raiser on the board has stated that once the site and matching funds are acquired there will be other sources of expected revenue from foundations. He related that Dr. Blackstone's efforts have raised $329,000.00 dollars in funds, in kind services, and goods. He related that in his opinion it would be hard to achieve their goals without the support of the City. He related that when the fund drive was kicked-off Senator Bill Gwatney and the City was stepped up, adding that the City donated $10,000.00 in the first two year period. He stated that the board feel that their proposed budget for the operation of the museum is sound and that response for volunteer repair service for the aircraft has been tremendous. In response to a question posed by Alderman Sansing, Mr. Rice related that if circumstances occurred with the budget the board would not return to the City Council for additional funding. He stated that they are fortunate that the museum will be off base allowing them to charge admission adding that the budget projects 36 thousand visitors a year with $1.00 admission per person. He further stated that if the operation is not successful the City will receive 17.96 acres of land and the museum will shut down. Discussion ensued as to requirements by the Air Force with regard to the time of property purchase. He cited that some of the concerns from the Air Force are trees which line one side of the property and the traffic controls. In response to a question posed by Alderman Knight, Mr. Rice related that the board was waiting to find out the decision of the City Council before obtaining any options on the property. Discussion ensued regarding development commitments to the Industrial Park. Alderman Ray expressed positive regard for the museum stating that Jacksonville has carried negative image from Vertac long enough. He related that the museum would be a good field trip for school children. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. Alderman Fletcher related that his thoughts have turned toward the river project as this came to his attention, mentioning that he felt people are elected who have vision. He said that a certain amount of trust is involved as projects are envisioned by those who are willing to handle the consequences. He related that the financial status of the City of Jacksonville according to Mr. Mack McAlister, CPA, is outstanding urging that forward steps be taken on the project. Alderman Knight posed a question regarding the development of both the Pulaski Industrial Park and the Air Park Museum. Mayor Swaim said that the amount requested for the Air Park Museum has not been set aside at this time and that roughly $475,000.00 is available for the Pulaski Industrial Park. He said that those funds are designated and not available to be used in the project under discussion. He mentioned several projects for which funding has been requested pointing out that he went before an audit committee to explain $10,000.00 already donated to the Air Park Museum. He related that the public has not fully supported the museum. He noted the following things which need to be improved with regard to establishing the museum; (1) a road that has to be built (2) a building that has to be built (3) landscaping to be done (4) eleven acres useless unless filled. He pointed out that the citizens of Jacksonville did not vote for the river project and that the air park museum was defeated two to one by ballot. He said that the Council should think about just what kind of commitment it can make. He said that he felt a commitment that no more funds be requested of the City for the museum and that he did not favor tying the City to a long-term obligation. He said that he would do what the Council votes to do. He related that he would hate to see the project turned down completely but that he thought consideration should be given regarding a source of funding. He related that the $50,000.00 will not alter the 1996 budget in any way, that funding will have to be determined in some other way. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. Alderman Smith moved, seconded by Alderman Sansing that the Air Park Museum item be tabled until 21 December 1995. Alderman Fletcher remarked that he did not feel the general public was opposed to the Air Park Museum, mentioning the vote approximately seven (7) years ago, but that they are opposed to a tax. Alderman Knight pointed out that everything in the budget is tax dollars relating accountability to the citizens for their use. She said that she felt the museum would be good for the community in the long run. She remarked that having the information needed for making a right decision is desirable. She said that she favors the museum. Alderman Lewis said that he favors the museum mentioning tax returns which could come to the city through the museum. Mayor Swaim voiced that when the Council approved the $10,000.00 already donated to the establishing of an air park museum, it carried the stipulation that it be returned to the City if the museum did not materialize. He said that he felt the same stipulation should accompany any other funds donated by the City. Mr. Rice said that he was not asking for a donation of $50,000.00 from the City; that the request is for the City to buy some park land and let it be developed and operated by the Board governing establishing the Air Park Museum. He said that the Boys & Girls Club and Elderly Activities Centers were built in basically the same fashion. He pointed out that the adjoining twelve and one half acres of land will be given to the City. At this time Mr. McLyle Zumwalt addressed the Council. He said it was very important that the Council give approval for the project. He said that the acreage just mentioned which would be given to the City is of significant value. He said that he felt the right- of-way will be acquired and that he did not feel there would be a traffic problem with regard to the LRAFB. He explained ingress and egress to the property. He said that he felt the whole project could be lost without Council approval. After a question by Mayor Swaim as to why $50,000.00 of the $329,000.00 supposed to have been raised by the committee was not used to purchase the land under discussion, Mr. Rice clarified that the $329,000.00 is made up of in kind services, cash and goods. He said that $35,000.00 was spent on environmental testings which took CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. a good amount of the cash. He said that the remaining cash is needed for other things adding that a show of support is really needed from the City. Mayor Swaim mentioned that a difference in anticipated cost of a radio system for the Fire and Police Departments may allow for the $50,000.00 needed to purchase the park land adding that the factor is unknown at this time. Alderman Knight said that she felt the fact that the Council is willing to pursue the issue lends support. She said, along with Alderman Smith, that they would vote for the request if they knew could be sure of the source of funding. Alderman Ray said that he felt the project could be voted on at the next City Council Meeting adding that he would not vote to eliminate any other project that is already designated for funding. At this time Alderman Ray called for the question on the motion. Alderman Fletcher and Twitty voted NAY. MOTION FAILED. After more discussion regarding the source of funding, Alderman Twitty voiced that she felt the project was a good one and would be good for relations with the base. Alderman Twitty moved, seconded by Alderman Knight to table the Air Museum Park item until the next Regular Meeting of the Council. MOTION CARRIED. Mayor Swaim pointed out that the capital projects that are planned are not in the 1996 budget but that he is willing to go back to work with the Council in search of the $50,000.00 needed for the park land purchase. Mr. Rice expressed appreciation to the Council for allowing the presentation regarding the Air Park Museum. c. Request to Accept Bid: Janitorial Services. Alderman Knight moved, seconded by Alderman Sansing to accept the low bid of $10,330.00 from Robert L. Rodgers for janitorial services for City Hall, the Library and Parks & Rec Center on Martin Street. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. d. ORDINANCE NUMBER 1051 (#15-95) B U D G E T AN ORDINANCE ADOPTING A BUDGET FOR 1996; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT, FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES, (COVERS; GENERAL FUND OPERATIONS, STREET DEPARTMENT, SANITATION FUND, AND PARKS.) Mayor Swaim pointed out the addition to the budget of tuition reimbursement for all employees according to grade status and payment to all employees earning degrees as compared to the reimbursement for the Police and Fire Department personnel who earn degrees relating to their work. (Page 57 of the 1996 final draft.) Mayor Swaim said that the bottom line of the budget was unchanged since the first draft. Alderman Smith moved, seconded by Alderman Knight that the Ordinance be placed on First Reading. Alderman Smith moved, to dispense with the reading of the Ordinance in its entirety. It was determined that the percentage of Council Members needed to suspend the rules was not present. Attorney Bamburg proceeded with the reading of the Ordinance. Aldermen, Knight, Smith, Lewis, Sansing, Ray, Fletcher and Twitty voted AYE. Ordinance received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Knight moved, seconded by Alderman Smith that the Ordinance be accepted on First Reading. Aldermen: Knight, Smith, Lewis, Sansing, Ray, Fletcher and Twitty voted AYE. Ordinance received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. APPOINTMENTS: ANNOUNCEMENTS: CDBG Public Hearing to be held December 21, 1995 7:00 p.m. during Regular City Council Meeting. Mayor Swaim thanked those employees responsible for lights throughout the city celebrating the holidays. He related that Letters to Santa are available at City Hall for sharing. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 7, 1995 7:00 P.M. - 8:20 P.M. He announced Open House at City Hall for December 15, 1995. The Economic Development Public Hearing was announced for Tuesday 12 December 1995, at 12:00 noon, at Ramada Inn during which presentations from students at the University of Arkansas will display downtown designs regarding revitalization of said area. Alderman Smith voiced that he is willing to support the Air Park Museum in any way possible. Mayor Swaim announced that the Annual Chamber of Commerce Dinner is scheduled for 14 December 1995 at 7:00 p.m. at the Community Center. City Engineer Reel related that the expense for the repair of the bridge on Redmond Rd. north of Municipal Drive is somewhere between eighty and one hundred thousand dollars. It was noted that the lights at Municipal Drive and Main will be flashing by the last of the coming week. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:20 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer