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96 JUL 18.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 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 July 18, 1996 at the regular meeting place of the Council. Alderman Ray 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, Sansing, Ray, Wilson, Fletcher, Williamson, and Keaton answered ROLL CALL. Alderman Twitty arrived at approximately 7:01 p.m. PRESENT TEN (10), ABSENT (0). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: Mayoral Assistants Michael Beeman and Mark Powers, City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Finance Director Paul Mushrush, Public Works Director Murice Green, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Planning Commissioners Art Brannen and Kenny Elliott, Mrs. DeDe Hibbs, Mrs. Sandra Sansing, 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 June 20, 1996 and the Special City Council Meeting of July 2, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis, that the minutes of the Regular City Council Meeting of June 6, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Sansing moved, seconded by Alderman Wilson, that the Regular Monthly Report for June, 1996 of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements $ 80,190.53, Miscellaneous Payments $ 708.25, Report Sales $ 298.00 for a total Collections of $ 81,196.78. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Sansing moved, seconded by Alderman Wilson, that the Regular Monthly Report for June, 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $ 15,800.00 for the month of June) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. REGULAR MONTHLY REPORT/ANIMAL CONTROL DEPARTMENT Alderman Sansing moved, seconded by Alderman Wilson to APPROVE the monthly Animal Control Report for the month of June 1996. Report reflects the following: CONTRIBUTIONS............................ $ .00 ADOPTION/FINES .......................... $ 617.50 SECURITY DEPOSITS........................ $ 150.00 TOTAL.................................... $ 767.50 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. REGULAR MONTHLY REPORT/CDBG DEPARTMENT Alderman Sansing moved, seconded by Alderman Wilson, that the Regular Monthly Report of the Community Development Department for June, 1996 be approved. Said report reflects: Informal Meetings ....................................... 3 HUD Meetings............................................. 0 Public Hearings.......................................... 0 Professional meetings.................................... 2 Rehab: a. Letters to prospective applicants..................... 0 b. Applications received................................. 2 c. Bids Advertised....................................... 3 d. Work write-ups & estimates............................ 3 e. Pre-constructions conferences......................... 1 f. Appraisals & Environmental reviews.................... 1 g. Interim Inspections................................... 33 h. Final inspections..................................... 1 i. Emergency Inspection................................. 2 j. Partial payments...................................... 1 k. Project Close-outs.................................... 1 l. Warranty Repairs...................................... 1 m. Contracts signed...................................... 1 n. Rehab mortgages released............................. 0 Public Works: a. Proposals Received.................................... 2 b. Interim Inspections................................... 11 c. Project Close-out..................................... 0 d. Pre-construction Conference........................... 1 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. 2 WATER DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: a. Ordinance 1062 (#11-96) AN ORDINANCE AMENDING THE LAND USE MAP CLASSIFICATION FOR CERTAIN PROPERTY (GENERAL LOCATION: EAST OF LOOP ROAD AND THE UNION PACIFIC RR); AMENDING JACKSONVILLE MUNICIPAL CODE § 18.16.020; AND, FOR OTHER PURPOSES. Alderman Knight moved, seconded by Alderman Smith to PLACE the Ordinance on FIRST READING. In response to a question posed by Alderman Wilson, City Attorney Bamburg related that a reclassifing of property ordinance addresses the zoning and land use map while changes to the land use map will not affect the actual zoning. He related that per the Jacksonville Municipal Code Book all modifications to the land use map are to be adopted by ordinance. Alderman Wilson requested that the item be reviewed to determine if the land use map can be modified other than by ordinance. Mayor Swaim related that Metropolitan Planning Organization required an approved land use plan, which may account for how it was originally set up. He suggested that the item be researched by City Attorney Bamburg and the Planning Commission. City Attorney Bamburg stated that Council could delegate authority by ordinance for land use changes to another body following what State Statute provides. Planning Commissioner Elliott pointed out that State Law requires that a land use map and comprehensive plan be adopted by the City. He related that a rezoning request must first be in compliance with the land use map before being considered by the Planning Commission. He stated that land use modifications are considered prior to any rezoning request that is not in compliance; which may seem like duplication. Mayor Swaim related that annexed land usually carries a higher residential zoning classification and that as the complexion of the area changes the land use map needs to reflect those considerations. Commissioner Elliott agreed, adding that Metroplan recommends that 3 cities evaluate and re-adopt their land use plan in five year intervals. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes. (0) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Wilson to suspend the rules and dispense with the reading of Ordinance 1062 in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Ordinance received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. City Attorney Bamburg related that the general location of the property is east of Loop Road and Union Pacific Railroad with an M-1 zoning and that the Planning Commission is recommending residential use only. General discussion evolved into prior uses of the property and its suitability for residential development. Commissioner Elliott related that the actual zoning of the property will remain M-1 and M-2, adding that Planning Commission recommendation is to have the land use map reflect that the area is best suited for residential rather than industrial development. It was noted that any specific residential rezoning request would have to be brought before the Planning Commission for further consideration. Mayor Swaim related that the rezoning request was for R-4, which would also allow for mobile home parks. He said that the Planning Commission is reviewing R-4 classifications so that a manufactured housing development would not also allow for mobile home parks. He informed the Council that he was aware of recent cases in the courts which have requested zoning for manufactured housing. Commissioner Elliott related that consideration for manufactured housing may be reviewed by the Planning Commission, adding that at present R-4 zoning does not provide for a separation between mobile home parks and manufactured housing developments. A map was shown of the area under consideration. Mayor Swaim encouraged the Planning Commission to review manufactured housing and the R-4 zoning. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Ordinance received ten (10) affirmative votes, (0) negative vote. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and PLACE the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and place Ordinance 1062 on THIRD AND FINAL READING: ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes. (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance. Alderman Sansing moved, seconded by Alderman Ray to APPROVE AND ADOPT ORDINANCE 1062 ON THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1062 THIS THE 18th DAY OF JULY 1996. b. One lot subdivision Price Barnes (part of Lot 6, Blk 2) Alderman Knight moved, seconded by Alderman Wilson to approve a one lot subdivision, part of Lot 6, Blk 2, Price Barnes Subdivision, now formally called the Kenneth J. Hayden Subdivision. City Engineer Reel related that the Planning Commission rules and regulations state that any five (5) acre tract located within the City must be in a recorded subdivision, so as to ensure utilities are available. He cited availability problems with utilities after approval of a building permit on a metes and bounds description. Mayor Swaim explained that the City has experienced problems occurring after construction is complete with builders who expect the City to develop the street. At this time the MOTION CARRIED. GENERAL: a. ORDINANCE NO. 1061 (#10-96) 6 AN ORDINANCE MAKING CERTAIN FINDINGS WITH RESPECT TO THE FINANCING AND REFINANCING OF EXPANSIONS OF AND IMPROVEMENTS TO REBSAMEN MEDICAL CENTER; AUTHORIZING THE ISSUANCE OF REVENUE REFUNDING AND CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. CONSTRUCTION BONDS; AUTHORIZING A SUPPLEMENTAL RESTATED AND SUBSTITUTED TRUST INDENTURE; AUTHORIZING A FIRST SUPPLEMENTAL LEASE; AUTHORIZING THE SALE OF THE BONDS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES Alderman Smith moved, seconded by Alderman Sansing to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received nine (9) affirmative votes, (0) negative votes and (1) abstention. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith to dispense with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Sansing voted NAY (1). Alderman Wilson abstained. Motion received eight (8) affirmative votes, (1) negative votes and (1) abstention. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Knight to ACCEPT the Ordinance on FIRST READING. Mr. Jim Buttrey introduced Mr. Doug Lewis, Chief Financial Officer at Rebsamen and Mark McBride head of public finance at Stevens. He related that the bond issue will finance improvements at Rebsamen as well as refinance bonds issued in 1989 at lower rates of interest. He related that the bonds are revenue not obligation bonds for the City and that the bonds have already been sold at rates of 4.2% which mature in 1997 and 6.625% with a maturity date of 2021. Mayor Swaim related that the approximate savings on the refinancing bonds is $450,000.00 and that the bonds will be re- paid through revenues generated by Rebsamen. He stated that the bond issue will not be a burden for the taxpayers of the City of Jacksonville. Mr. Doug Lewis related that seven million dollars is allocated to finance hospital improvements which include renovation of the older west wing while addressing necessary safety code issues, conversion of a 24 bed skilled nursing unit providing extended care for patients and improvements to the 2nd floor featuring a centralized monitoring system. He related that there will be a Ribbon Cutting Ceremony for the Women's Health Unit August 1, 1996 at 9:00 a.m. 7 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received ten (10) affirmative votes, (0) negative votes (1) abstention. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received ten (10) affirmative votes, (0) negative votes (1) abstention. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Sansing moved, seconded by Alderman Lewis, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Fletcher, Williamson, Keaton, and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received ten (10) affirmative votes, (0) negative votes (1) abstention. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Lewis, that Ordinance 1061 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received ten (10) affirmative votes, (0) negative votes (1) abstention. MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Williamson, that the EMERGENCY CLAUSE be attached to Ordinance 1061. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Sansing, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY (0). Alderman Wilson abstained. Motion received ten (10) affirmative votes, (0) negative votes (1) abstention. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1060 THIS THE 18th DAY OF JULY 1996. Mayor Swaim related that the Hospital Board has held extensive meetings regarding health care issues and that there is need to remain competitive. He complimented their progress and related that early sale of the bonds reflect confidence in Rebsamen Hospital. b. DISCUSSION CONDEMNATION OF PROPERTIES. Mayor Swaim called Council's attention to the list of condemned properties as provided by the Engineering Department. 8 In response to a question posed by Alderman Knight, Mayor Swaim related that budgeted monies will not cover the entire list if asbestos removal cost are incurred on all the properties but pointed out that some of the properties are mobile homes. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. Alderman Knight moved, seconded by Alderman Smith to proceed with the condemnation process regarding nineteen properties listed and presented to Council. City Engineer Reel pointed out that there are considerable mobile home condemnation situations in the City which need immediate attention because of gang activity surrounding them. He related that some of the houses listed are structurally stable and landowners have been notified to correct conditions in order to have them removed from the condemnation list. Discussion ensued regarding avenues requiring property owners to maintain rental property. It was noted that all houses on the condemnation list are vacant. (properties listed as exhibit "a" in these minutes) At this time MOTION CARRIED. c. Presentation of Audit Mr. Mac McAlister from McAlister and Associates thanked the Council for the opportunity to serve as auditors for the City. He acknowledged his associate Mr. Gerald Clark who performed extensive work regarding the audit. He stated that the City is on a strong financial foundation which has been brought about by solid management and has continued to improve management of its financial resources. He highlighted the following points: Total operating revenues in 1995 were $12,705,000.00 an increase of 8.5% in 1994. Revenues from the Pulaski County Sales Taxes and the City Sales Tax were 6.4 million dollars, adding that these sales taxes provided over 50% of the total collected revenues and that another 17% came from State Turnbacks. He related that the total operating and capital expenditures were $11,178,000.00, which represents an 8% decrease from 1994 including 2.8 million for the new Community Center. Overall total revenues exceeded the expenditures of approximately 1.5 million dollars for 1995. The City's reserves and operating funds were 7.935 million dollars at the end of 1995 which is equal to 62% of the total revenues for one year, adding that this would be envied by most governmental units. He stated that overall the report reflects good budgetary controls 9 and effective cost containment during 1995. He stated that with regard to compliance of State Laws and Federal Regulations no material weakness or instance of non-compliance were found. He complimented City management for its responsible manner in which the financial operations of the City are planned and conducted. He then expressed his thanks to Finance Director, Paul Mushrush and CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JULY 18, 1996 7:00 P.M. - 8:15 P.M. his staff for their assistance and contribution to the preparation of the report and for their professionalism regarding accounting and reporting functions for the City. He pointed out that 1994 audit recommendations have all been complied with. He concluded by saying that the City of Jacksonville is to be complimented greatly on managing its funds and reserves and that it can serve as a role model to many cities in the State of Arkansas regarding accounting, control and use of its resources. It was noted that the recommendation for the small claims court and drug management funds will be addressed for 1996. Mayor Swaim complimented the job performed by the accounting firm, adding that a private audit provides faster recommendation control for management. He related that reserve funds will be used to purchase an 800 radio system for police and fire, pointing out that when unexpected expenditures such as the recent bridge replacement came up money was available to complete the project. Mayor Swaim related that competition with other cities is great and that the City of Jacksonville will need to use it resources wisely to remain attractive regarding residents and industry. Alderman Fletcher asked if architectural control could be used in the remodeling of the downtown area. Mayor Swaim related that meetings with regard to a vision of downtown have been held by different committees and the Planning Commission, adding that zoning and regulations for consistency in the downtown area are part of the consideration. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:15 p.m. Respectfully, 10 ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer ___________________________ Susan L. Davitt Deputy City Clerk 11