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96 APR 18.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 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 April 18, 1996 at the regular meeting place of the Council. Alderman Smith delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton, and Twitty answered ROLL CALL. Alderman Lewis came in at approximately 7:06 p.m. PRESENT NINE (9), ABSENT (1). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Personnel Director Michael Beeman, City Engineer Duane Reel, Public Works Director Murice Green, Chamber of Commerce Director Mickey Anders, Director of Economic Development Phil Sullivan, Assistant to the Mayor Mark Powers, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Community Development Director Tony Ply, Planning Commissioner Kenny Elliott, General Streater from LRAFB, Finance Accountant Cheryl Erkel, Mrs. Judy Swaim, Mrs. D.D. Hibbs, Mrs. Edith Smith, 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 April 4, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Sansing moved, seconded by Alderman Ray, that the minutes of the Regular City Council Meeting of March 21, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Police Department/Regular Monthly Report for March Alderman Wilson moved, seconded by Alderman Sansing, that the Regular Monthly Report for March, 1996 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 88,837.40, Miscellaneous Payments $ 805.75, Report Sales $ 324.00 for a total Collections of $ 89,967.15. ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. Fire Department/Regular Monthly Report for March Mayor Swaim thanked the Council for the purchase of two fire trucks, adding that the purchase will nearly complete the Fire Department needs with regard to major equipment. He related that the two trucks were purchased for $ 312,000.00 which is almost the same as what had been expected be the cost of one that had been priced at $ 275,000.00. He pointed out that the difference is a manufactured standard cab as opposed to a custom cab. He stated that a 1975 and 1977 model will be removed from service with the addition of the new trucks. Alderman Wilson moved, seconded by Alderman Sansing, that the Regular Monthly Report for March, 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $34,500.00 for the month of March) ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. CDBG Department/Regular Monthly Report for March Alderman Wilson moved, seconded by Alderman Sansing, that the Regular Monthly Report of the Community Development Department for March, 1996 be approved. Said report reflects: 1. Informal Meetings ....................................... 1 2. HUD Meetings............................................. 0 3. Public Hearings.......................................... 0 4. HUD Monitoring Visit..................................... 0 5. Rehab: a. Letters to prospective applicants..................... 0 b. Applications received................................. 0 c. Bids Advertised....................................... 1 d. Work write-ups & estimates............................ 1 e. Pre-constructions conferences......................... 2 f. Appraisals & Environmental reviews.................... 2 g. Interim Inspections................................... 53 h. Final inspections..................................... 1 i. Emergency Inspection.................................. 0 j. Partial payments...................................... 0 k. Project Close-outs.................................... 1 l. Warranty Repairs...................................... 0 m. Contracts signed...................................... 2 n. Rehab mortgages released............................. 2 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. 6. Public Works: a. Proposals Received.................................... 1 b. Interim Inspections................................... 7 c. Project Close-out..................................... 0 ROLL CALL: Aldermen: Knight, Smith, Sansing, Ray, Wilson Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: FINAL PLAT: Fair Oaks Subdivision Alderman Wilson moved, seconded by Alderman Sansing that the Final Plat of Fair Oaks Subdivision be approved as presented. MOTION CARRIED. FINAL PLAT: Paradise Industrial Subdivision Mayor Swaim said that as a general practice when land is subdivided it is approved by the Planning Commission. He related that the land is being subdivided to add an office and warehouse to be located behind the Southern Screw building. Alderman Smith moved, seconded by Alderman Lewis to approve the Final Plat of Paradise Industrial Subdivision. MOTION CARRIED with one abstention by Alderman Keaton. GENERAL: Briefing by General Streater from LRAFB Mayor Swaim stressed the impact of the Little Rock Air Force Base with regard to the economy of the City of Jacksonville. He stated that the Air Base has succeeded in being supportive in many aspects. CITY OF JACKSONVILLE, ARKANSAS 3 REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. General Streater delivered a brief overview of the mission of the Little Rock Air Force Base. He related that in business and corporate terms Little Rock Air Base could be considered much in the same context as a large industrial operation with an organizational structure. OPERATIONS GROUP: He related that the operations group employs two thousand people and has two billion dollars in equipment and air planes adding that the main stay of these two training squadrons is air lift. He stated that they provide trained C-130 air crew members for the United States Government and twenty-seven allied countries. He related there is more air craft located at Little Rock Air Force Base than half the worlds countries have in their Air Forces. He highlighted some of the recent mission operations involving the 50th squadron. He related that the "School House Operation" is the only C-130 training school in the United States and offers world class training in air-land operations and land-drop operations. He also related that they offer a "Combat Aerial Delivery School" providing a PHD level of training to approximately eighteen pilots and navigators annually; which qualifies them as a nucleus of weapons expert for C-130 squadrons in the Air Force world wide. LOGISTICS GROUP: He related that the Logistics Group provides support to the out- put part of the organization and is comprised of one thousand two hundred employees and six hundred million dollars in equipment, adding that they are responsible for training eight hundred maintenance troops annually. He stated that the newest mission for the logistics group is to refurbish ninety C-130 engines a year which amounts to twenty-seven billion dollars worth of air craft annually for Air Force needs world wide. SUPPORT GROUP: He stated that the support group maintains approximately 1.5 billion dollars in land and facilities and employs over 1,200 people. He related that specialty teams within the support group provide 1) explosive ordinance disposal, 2) security police defense team augmented for any Air Base in the world, 3) civil engineer and recovery team with various service and support teams i.e. field food service, lodging, and mortuary service. MEDICAL GROUP: He related that the medical group has 340 health care professionals who serve a patient population of 37,000 and provide 150,000 out-patient appointments annually. He referenced a program called Tri-care which connects retirees and dependents to civilian medical care and is networking currently over 400 physicians in the area; as a reduction in military medical manpower is expected. He related that the economical health care impact to the surrounding area is approximately 18 million dollars annually. He stated that within the medical group is a deployable health care team of eleven individuals. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. He stated that the motto of Little Rock Air Force Base is "YES, WE CAN" who consider themselves an international organization; going anywhere at anytime and have done so. He cited successful operations such as the Haiti operation, Caribbean operation, Panama, hurricane disaster in the Virgin Islands, declassified drug operation called "Green Clover", and the Bosnia operation. He related that during a typical week two to three hundred people are deployed with three to six airplanes involved in hot spots around the world or peace time operations. SMALL CITY INFRASTRUCTURE: He related that Little Rock Air Force Base operates as any small city would having a grocery store, department store, movie theater, recreation center, parks, golf course, two swimming pools, chapel, clubs, day care center, veterinary clinic, fire department, housing, office building and warehouses. He related that the economical buying power is more than that of most small cities and that because of industrial operations the electric bill alone was approximately 6.5 billion dollars last year. In comparison to a busy metropolitan air port, Little Rock Air Force Base has the largest C-130 fleet in the world, 80 flights a day which translates into 128 thousand take offs and landings with approximately 2,600 visiting air crafts annually. He related that with regard to the physical plan Little Rock Air Force Base manages 11,000 acres of land total with 6,000 acres as base proper and 5,000 acres in federal property around the state. He pointed out that there is also a total of 1,500 housing units, 400 office or industrial buildings and they utilize and maintain over 700 general or special purpose vehicles. He related that the corporate asset value of Little Rock Air Force Base is 4.3 billion dollars and if compared to a fortune 500 company they would rank 300 and the 5th largest employer of single organization employers in the area with an annual payroll of 170 million dollars, adding that the base creates approximately 2800 spin-off jobs in the area which generates a 65.5 million dollar payroll. He related that with the availability of a major base services the area attracts a military retiree population of 23,000 to the state, with 9,100 residing in the central area. The retiree income for the central area is approximately 140 million dollars. Total annual expenditures for the construction, services procurement of materials, equipment, and supplies is 77.5 million dollars and the economic estimate of the impact from Little Rock Air Force Base last year is 313 million dollars. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. 2020 PLAN: He related that the plan is substantial in terms of infrastructure with reoccurring repair and alteration demands of Little Rock Air Force Base averages between eight to ten million annually. He then related military construction requirements to modernize and update antiquated buildings will average approximately 19 million dollars a year for the next 10 years. He stated that in 1997 as part of the 2020 plan the sewer outfall will be upgraded and that discussions have been ongoing to complete the project so as to save money for both the air base and the City of Jacksonville. He said that two C-130 squadron operations and air craft maintenance buildings were scheduled to be added along with a field training facility. He concluded by saying that recapitalizing Little Rock Air Force Base and continuing to keep it a viable institution is the concern or everyone. He stated that keeping the base open will depend on the national strategy review following the 1996 elections, adding that with regard to base closure; aging physical plants will carry a larger bill for making them viable. He stated that while state legislature has helped encroachment there is a concern when development interferes with the safety zones. He invited questions from the audience and acknowledged that with the close and friendly relationship shared by the base and the City he was happy to see the new fire trucks in the parking lot, adding that it is a pleasure to have a warm and supportive community. Mayor Swaim briefly explained that the sewer line aforementioned is the main line that runs from Little Rock Air Force Base to the former West Treatment Plant and that the estimated cost is 2.5 million dollars. In response to a questioned posed by Mayor Swaim, General Streater related that the meetings with Wastewater have been very productive and that it is just a matter now of working out the technical details. In response to a question posed by Alderman Ray, General Streater pointed out that the safety zone is approximately 50,000 feet from the end of the runway and fans out. He explained that the tighter the encroachment, the greater the liability for the base adding that there are approximately 128 thousand take-offs and landings annually making comparison to Adams Field. Mayor Swaim expressed appreciation for the tremendous role LRAFB 6 has played on national, state and local levels. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. b. DISCUSSION: Ordinance 1048 Basketball Goals Alderman Wilson introduced the item of business as requested by a concerned citizen. He stated that he felt the primary objective in passage of Ordinance 1048 was safety. He said there are questions regarding dead-end and culdesac streets where children have played in years past without problems and why the same cannot continue. He pointed out that the city has upheld the ordinance which does not permit any playground equipment on the back side of a curb. He introduced Sherrie Goodwin, #7 Oakridge Drive, Tara Mount Subdivision, who expressed that her children have a basketball goal mounted at the residence violating Ordinance 1048 as stated in a letter from the City. She noted that the letter requested removal of the basketball goal or pay a $100.00 fine. She said that she was not aware of the ordinance until receipt of the letter and that she has since found out that only twenty-six people have gotten letters. She remarked that there are others who did not receive letters that have basketball goals at the curb. She related that she has a petition signed by others who feel it is unfair to the children of Jacksonville to enforce the ordinance. She said that there is no problem in her area and that there is no need to fix anything. She pointed out that there is difficulty in finding a place for children to play basketball at the new Community Center or Dupree Park. She voiced concern for areas that have had problems stressing that taking away the rights of her children is not the solution. She stated the matter is not a social or racial issue expressing that each problem should be addressed on an individual basis and that the ordinance should be wiped out totally. Alderman Wilson commented that like situations create problems between the community and City Hall. He said that the City may have gone too far in fixing a problem that only exists in a few places. He expressed concern that measures that have been taken may be overreaching in this situation adding that he hoped innocent folks will not be punished for the problems that a few 7 have created. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. Alderman Sansing pointed out that the issue is not one that came up last year, but a problem that has slowly been growing over a number of years and that he was made aware of it approximately four years ago. He related that when a law is set in ordinance form it has to be enforced equally throughout the City. He said that if a law is designed for safety and then exceptions to that law are made, there is favoritism. Alderman Knight voiced that she did not want to advocate discrimination in the way that the laws are applied. She questioned whether the officers should be sent out just looking for basketball goals adding that she did not think so. She expressed that she felt common sense should be used, that when residents complain then the Code Enforcement and Police authority should address the problems. She added that once the letters are sent out, there has to be conformation to the ordinance or it has to be amended. Mayor Swaim noted that the City Council asked for a delay of any further action at the last regular meeting with regard to basketball goals in answer to a comment by Mrs. Goodwin that no other letters had been sent out to residents in violation of Ordinance 1048. He also pointed out that the City Inspectors were not instructed to go out looking for violations with regard to basketball goals, that they were cited as other daily inspections were being done. Alderman Sansing requested that Chief Hibbs address the item of business as it relates to the City as a whole. Chief Hibbs said that there have been complaints from residents regarding persons engaged in basketball activity blocking the streets, both culdesac and major residential ones where traffic flows. He said there is use of profanity, cat calls, and hand gestures intimidating to people trying to drive through the area relating that complaints occur primarily during the summer months and are not restricted to any area. He expressed to the Council that the ordinance will be enforced by the department as directed. Alderman Wilson questioned whether or not there are existing laws covering what Chief Hibbs mentioned above. 8 Chief Hibbs stated that if the officer sees an offense being committed a citation can be issued otherwise a warrant has to be obtained by the offended party with regard to the matter. He said that areas are and will be monitored as the need arises. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. City Attorney Bamburg stated that Ordinance 1048 as it was passed requires enforcement throughout the City on any type of street adding that the enforcement was based on safety. He said that promoting the concept of children or young adults playing in the streets was discussed at the time of passage. He related that if changes are made at this time, it would have to be done by Ordinance either to modify or abolish that particular provision altogether. He added that he has concerns about any modification of the ordinance relating that in passing it the problem has been recognized and addressed. He said that if the effect that the ordinance now has is eliminated or reduced, there is a possibility of liability brought on the City. He advised that the torte immunity which applies to cities is being chipped away daily as he gave an example of explaining a position in which the City might find itself in modification of the ordinance which would allow the City Engineer, for example, to permit a basketball goal at a certain location. He said that the Police and Code Enforcement Officers are neglecting their duties if during the course of their work they see violations and neglect to address them either by citation or arrest. He said the Council, as a body, has to decide whether or not the ordinance should be enforced, as it exists, by Police and Code Enforcement Officers, otherwise, modification or abolishment altogether is in order. Alderman Ray voiced that he feels the law should stay like it is with proper enforcement. Alderman Twitty stated that she would like to see something done about the ordinance; that she is not in agreement with it as it stands. Mr. Ross Harmon, #2 Tara Ridge, was recognized by Mayor Swaim to address the item of business. He said that he felt the problem could be one of loitering adding that he feels it is a ridiculous law and that children should be able to play close to home. Chief Hibbs related that the problem is not one of loitering. He 9 said that most of the complaint situations involve teenagers and young adults and remarked that he does not remember any complaints from the Tara Mount area at any time. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. Aldermen Smith and Lewis related that they have mixed feelings about the basketball situation suggesting that it may need to be abolished. Alderman Joe Williamson asked that the issue be an item of business on the next agenda for action of the Council. Alderman Sansing asked to go on record that if the City Council decides to amend Ordinance 1048 that it will have shown itself to be very susceptible to public opinion. He said that he knew that the ordinance applied to all streets. Alderman Twitty voiced that she favored children staying close to their homes relating that some people will always block the street. Alderman Williamson moved, seconded by Alderman Keaton that an Ordinance be prepared for presentation at the next Regular Meeting of the City Council repealing Ordinance 1048. Mayor Swaim voiced that he will veto any ordinance passed by the Council repealing Ordinance 1048. Alderman Knight noted that there were lengthy discussions with the Police Department and several other areas when the ordinance was passed and that it was done for a reason. She said that she felt the worst of two evils is keeping the streets as safe as possible. ROLL CALL: Aldermen: Lewis, Wilson, Williamson, Keaton and Twitty voted AYE. Aldermen: Knight, Smith, Sansing and Ray voted NAY. MOTION CARRIED. It was determined that the ordinance will be brought back for action at the next Regular City Council Meeting. Mr. Harmon commented that there are building codes already in place which regulate basketball goals being placed behind the curbs. Mayor Swaim disagreed adding that there is an issue which must be dealt with by the Council. 10 c. RESOLUTION 488 (#3-96) Authorizing a committee to negotiate purchase of an emergency radio system Mayor Swaim stated that the system is concerning an emergency radio system for the Police, Fire, and other City offices and asked that the Council give an appointed committee the authority to negotiate for the purpose of settling on a system that would be operable, CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. comparable, and compatible to those other areas with which the City needs to communicate on a regular basis; that being particularly Little Rock, North Little Rock and Sherwood. A RESOLUTION AUTHORIZING APPOINTMENT OF A COMMITTEE TO RESEARCH ACQUISITION OF A NEW EMERGENCY COMMUNICATIONS SYSTEM FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Wilson that Resolution 488 be read. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Knight moved, seconded by Alderman Wilson that Resolution 488 be APPROVED. MOTION CARRIED. Aldermen: Twitty, Keaton, Williamson, and Sansing were appointed by Mayor Swaim to serve on the Emergency Communications System Committee. APPOINTMENTS: WASTEWATER COMMISSION: Mr. Tommy Bond for a term to expire 04/20/2001 Alderman Wilson moved, seconded by Alderman Smith that Mr. Tommy Bond be reappointed to the Wastewater Commission for a term to expire 04/20/2001. MOTION CARRIED. ANNOUNCEMENTS: Mayor Swaim requested that those desiring to attend the Municipal League Meeting annual convention on June 19, 20, and 21, contact his secretary. He pointed out that there is a $25.00 fee, payable by the Council Member, in the event the wife, husband, or a child wishes to attend. NON-AGENDA ITEM: Alderman Wilson voiced that on two other occasions since last fall he has discussed a court case that was tried in the Jacksonville Municipal Court. He said that it is apparent to him that either a serious error was made in the case or the decision was made prior 11 to hearing the facts. He added that the facts do not support the decision in any way and that, from what he has seen, there is no legal precedent for the decision that was made in the case. He asked if there was concern from other Council Members for the integrity for the Jacksonville Municipal Court suggesting that if there is, the Mayor be requested to have the Prosecuting Attorney look into the situation. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. City Attorney Bamburg related that if any review of decisions are made with regard to a judicial individual, they are made by the Judicial Conduct Committee, which is a part of the court system for the State of Arkansas. Alderman Sansing related that the Council is a legislative body, separate from the judicial body, and that the Judge is elected the same as the Alderman. He added that he felt the electorate is the ultimate judge of the Judge. Alderman Wilson voiced that he did not feel the electorate has a clue that the situation is going on and that it is up to the Council to inform them. Alderman Wilson moved, seconded by Alderman Keaton to suspend the rules and place on the agenda an item regarding the dispensation of a court case involving a "refusal to test charge" in the Jacksonville Municipal Court. ROLL CALL: Aldermen: Knight, Smith, Lewis, Wilson, Williamson, Keaton, and Twitty voted AYE. Aldermen: Sansing and Ray voted NAY. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Keaton, that the City Attorney file a complaint, signed by Mayor Swaim, with the Judicial Conduct Committee requesting a review of a recent DWI case dismissed by Municipal Judge Robert Batton; the reason for dismissal of the case and any precedent for said dismissal with a copy to be sent to the Prosecuting Attorney' s Office for comments on the matter. Alderman Sansing voiced that he did not know the name of the person involved in the DWI case adding that his understanding is that there is, according to the constitution, the executive, judicial, and legislative branches of government. He said that if the Council is trying to influence the judicial branch for whatever reason, he feels it is not right and that the matter should be in the hands of the electorate. Alderman Williamson said that he felt, along with Alderman Knight, that provisions for checks and balances exists. 12 At this time a ROLL CALL VOTE was taken. The following Aldermen voted AYE; Knight, Smith, Lewis, Wilson, Williamson, Keaton, and Twitty. Aldermen Sansing and Ray voted NAY. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 18, 1996 7:00 P.M. - 8:20 P.M. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 7:35 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 13