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96 MAY 16.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 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 May 16, 1996 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, Lewis, Ray, Wilson, Williamson, Keaton and Twitty answered ROLL CALL. Alderman Fletcher came in at approximately 7:03 p.m. Alderman Sansing was attending opening ceremonies of the Special Olympics. 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, City Engineer Duane Reel, Public Works Coordinator Murice Green, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Community Development Director Tony Ply, Planning Commissioners Kenny Elliott and Art Brannen, Wastewater Commission Chairman Joan Zumwalt, Wastewater Manager Dave Thomas, Mrs. Judy Swaim, Mrs. D.D. Hibbs, Mrs. Evelyn 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 May 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 April 18, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT/APRIL Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 98,505.75, Miscellaneous Payments $ 213.00, Report Sales $ 424.00 for a total Collections of $ 99,142.75. ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT/APRIL Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report for April 1996 of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $10,900.00 for the month of April) ROLL CALL: Aldermen: Knight, 1 Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. ANIMAL CONTROL DEPARTMENT/APRIL Alderman Wilson moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for the month of April 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 928.00 SECURITY DEPOSITS..........................$ 200.00 TOTAL..................................... $1128.00 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. MOTION CARRIED. CDBG/APRIL Alderman Wilson moved, seconded by Alderman Ray, that the Regular Monthly Report of the Community Development Department for April, 1996 be approved. Said report reflects: Informal Meetings ....................................... 2 HUD Meetings............................................. 1 Public Hearings.......................................... 0 Professional meetings.................................... 2 a. Letters to prospective applicants..................... 8 b. Applications received................................. 5 c. Bids Advertised....................................... 3 d. Work write-ups & estimates............................ 3 e. Pre-constructions conferences......................... 3 f. Appraisals & Environmental reviews.................... 1 g. Interim Inspections................................... 60 h. Final inspections..................................... 2 i. Emergency Inspection................................. 1 j. Partial payments...................................... 2 k. Project Close-outs.................................... 2 l. Warranty Repairs...................................... 1 m. Contracts signed...................................... 3 n. Rehab mortgages released............................. 2 Public Works: a. Proposals Received.................................... 0 b. Interim Inspections................................... 10 c. Project Close-out..................................... 0 ROLL CALL: Aldermen: Knight, Smith, Lewis, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. 2 Mayor Swaim recognized CDBG Director Tony Ply. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Director Tony Ply informed the Council that CDBG has received the official notice for the new grant year, which was approximately twelve thousand dollars less than last years funding. Mayor Swaim pointed out that only a portion of the funds were received because of delays in the federal budget approval. Director Ply related that consultants are reviewing the analysis of impediments to Fair Housing regarding areas of the study that were not agreed upon by him, adding that the revised areas of the study will be re-submitted to the Council for approval upon completion. He informed the Council that he would be asking for their approval regarding amendments as regulated by the Department of HUD to the Fair Housing Code ordinance at the next regularly scheduled City Council meeting. WATER DEPARTMENT: WASTEWATER DEPARTMENT: Presentation of EPA Report / Wastewater System. Wastewater Manager Dave Thomas introduced Mr. Larry Gattis of Chris Engineering and Mr. Jim Forbes who has international experience in Sewer System evaluation. He referred to the EPA mandated study proposed to stop overflowing manholes and close the West Plant. He related that the history began 25 years ago with the "Clean Water Act" and reminded the Council of the EPA grant which enabled construction of the new Johnson Plant which became operational in 1987, and the delays involved with closure of the west plant when it was found to be contaminated in the late seventies. He stated that the Rocky Branch receptor is now free of contamination, however, the new plant does not have the capacity to bring the West Plant over. He related that the completed study confirmed the requirements necessary to close the West Plant. He stated that a report by Mr. Larry Gattis will be submitted to the Department of Pollution Control in June 1996. Mr. Larry Gattis of Chris Engineers related that when EPA completed their remedial study, it recommended closure of the West Plant, and conveyance of the waste water to the Johnson Plant. He stated that in addition, EPA required a study of the sewer system and treatment plant which have been completed and given to EPA. 3 Mr. Jim Forbes evaluated the wastewater collection system and explained the nature of flow monitoring, manhole inspection, smoke testing and channel T.V. inspections. He stated that the value of the system is $ 94,170,000.00 dollars which includes 2,712 manholes and 627,800 linear feet of sewer. He related that after testing CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. the estimated manhole repair cost is $ 581,055.00, estimated service line repair cost is $ 117,000.00 and the estimated main line repair cost is $ 3,152,213.00 for a total cost of repairs to the collection system being 3.8 million with priority repairs totaling 2.2 million. Mr. Larry Gattis related concerns for wastewater quality and character of the system if all wastewater collection is combined at the Johnson plant. He stated that an expansion for a projected 20 year growth is necessary and will include future additional needs from the Little Rock Air Force Base. He related that increasing regulations make it difficult to come up with land for solid waste landfills, pointing out that an alternative could be a belt filter press and composting operation as a method of sludge disposal. He related that combined with yard waste (a bulking agent) the sludge becomes a class A sludge which is a useful and marketable product. He recapped the recommendation for moving forward with the priority work at an estimated cost of 2.2 million dollars, adding that wastewater treatment improvements would increase the plant capacity by 50% and enable the closure of the West Treatment Plant making positioning for 20 years of growth in the future possible. He recommended the belt filter press and composting operation for sludge disposal, pointing out needed revisions and repairs to the existing plant which has been in service approximately 20 years. He pointed out the need to replace certain components along with other mechanical equipment maintenance and general rehabilitation estimating construction cost slightly under 8 million dollars. He pointed out percentages of 4.5% regarding the State Revolving Loan Fund used for financing improvements and encouraged the City to pursue that avenue. In response to a question posed by Alderman Fletcher, Mr. Gattis stated that the West Treatment plant handles 50% of the wastewater produced by the City. It was pointed out in discussion that original plans in 1985 were to incorporate the West Plant over to the newly built Johnson plant, however, in 1984 EPA conducted off- site studies regarding Vertac contamination and determined that the Rocky Branch interceptor was contaminated. He related that in 1995 EPA completed their remedial work of the West Plant and directed connection to the Johnson plant. He related that without the current sewer system problems the West Plant could be brought over. He stated that the Johnson Plant was designed for later 4 expansion, however, capacity for Gravel Ridge and Runyon Acres was not included in the initial construction. Discussion ensued as to feasibility of slip lining as an option in the rehabilitation process. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Mayor Swaim explained that currently EPA's mandate under the "Clean Water Act" provides for the disclosure of every manhole which overflows, adding that it becomes a situation of mandated expenditures from the Federal Government without option. Alderman Fletcher expressed concerns regarding cost, suggesting that depreciation accounts could help with equipment purchases. Mr. Gattis related that the Johnson plant was designed in 1980 with a twenty year growth potential. He stated that projected conditions for 1996 suggest that an addition of a twenty year growth expansion plan be provided for growth to 2016, adding that the 75% construction grants program typically addresses a twenty year construction project. Mr. Gattis related that the State Revolving Loan Fund replaced the former grant program which funded the original plant and that under the new program the State would loan 100% of required monies for an eligible project. He explained that it is in effect a bond issue with a subsidized 4.5% interest rate. He suggested repayment of bond from either a rate increase or sales tax increase. He stated that the process begins when EPA signs off the report and sanctions its recommendations. He stated that a project is then developed and submitted to the state revolving loan program for its recommendation of a possible rate increase. He pointed out that in his experience it is highly unusual for a city to be issued an administrative order from EPA without a substantial penalty, adding that Jacksonville did not receive any penalty which he accredited to the Wastewater Department and their professionalism. He concluded by saying that the EPA report deadline is June 1, 1996 after which, EPA will meet with the Wastewater Department on June 5th and make an official report in compliance with the administrative order. It was related in response to a question posed by Alderman Fletcher, that there will be considerable public participation if the revolving loan fund from the State is pursued. Mr. Gattis gave a brief explanation of how the revolving loan fund works. Mayor Swaim complimented the presentation. FIRE DEPARTMENT: REQUEST TO ACCEPT BID: Fire Safety House 5 Mayor Swaim recapped the status of the fire safety house, relating that a seventeen thousand dollar plus grant was received from CDBG and that bids have now been received for the City's share. He invited Chief Ezell to address the item of business. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Chief Ezell gave a brief history of the fire safety house and fire prevention committee formed in 1989 when eight fatalities half of which were pre-school children occurred in Jacksonville. He conveyed the need to increase fire prevention efforts by addressing current code provisions and public education, after which in 1992 the Fire Prevention Committee passed the Arkansas Fire Prevention Code and adopted the 1991 edition and the Life Safety Code which addressed the apartment codes, smoke detectors and public fire safety education. He stated that through NFPA they established a "learn not to burn" curriculum which will be used in the Pulaski County School district. He then related that Kyle Rhone will receive an award in Boston for teaching the "teachers" the learn not to burn program adding that Jacksonville is one of only sixty five cities in the United States being recognized by NFPA for championship awards regarding fire safety efforts. He related the safety fire house is a teaching tool and described the various lessons that can be demonstrated with regard to the "learn not to burn" curriculum. He stated that two of the targeted groups will be school children and the elderly, adding that it meets with ADA requirements. He related that the low bid did not meet with specifications additionally mentioning warranty problems. He explained that the difference between high bid and needed monies is $7,241.00, pointing out that beside the grant from CDBG, the fire department has allocated a budgeted amount of $7,000.00 to be used in the purchase of the fire safety house. Alderman Smith moved, seconded by Alderman Knight to accept the bid from Serro Scotty R.V. in the amount of $31,741.00, taking $7,250.00 from the Contingency Fund to complete the purchase of the fire safety house. MOTION CARRIED. POLICE DEPARTMENT: REQUEST TO PURCHASE K-9 Chief Hibbs related that Alco the senior police K-9 is seven years old and will soon not be able to perform some of the heavier demands of a police K-9. He stated that funds are available to purchase another K-9 from "K-9 Unlimited" where both police K-9's (Alco and Ico) were purchased. He related that the estimated cost is $7,500.00 and that the purchase will be made with confiscated drug funds. He briefly described the K-9's usefulness for the police work, adding that for a period of time all three K-9's will be available for patrol duty, offering one each shift. 6 Alderman Knight moved, seconded by Alderman Smith to purchase a K- 9 from "K-9 Unlimited" for approximately $7,500.00. MOTION CARRIED. STREET DEPARTMENT: REQUEST TO ACCEPT BID: 1996 Asphalt Overlay CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Mayor Swaim related that the lack of bids received was due to prior commitment contracts by the usual bidders. He then related that due to rising petroleum cost the bid cost has also risen. He then explained the difficulty involved with the rising cost and ability from the contracted company to complete a left over project for the amount of the bid. Alderman Wilson moved, seconded by Alderman Knight to accept the bid from Freshour Construction, Inc. MOTION CARRIED. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: Ordinance 1057 (#6-96) Fireworks Alderman Twitty informed the Council that she was asked to sponsor the ordinance by Mr. Hubert Alexander who is asking that fireworks be allowed under certain conditions: 1) that approval/permission be obtained from the state fire marshal for each display 2) be in compliance with all state and federal regulations 3) notify the Jacksonville Fire Department and Police Department 24 hours in advance. Alderman Wilson moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Knight, Smith, Lewis, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Alderman Ray voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Fire Chief Ezell was invited to address the ordinance. He related that safety is the primary concern with regard to fire protection and emergency medical service. He related that there was national attention regarding fire and safety concerns when the original ordinance was passed. He related that over the past few years there has still been concern over these issues involving injuries. He related that with regard to permit process, one of the requirements is that "the fire works display shall follow the regulations of the state fire code and NFPA pamphlet number 1123". He related that the pamphlet is a 28 page document that regulates a fireworks display, adding that even if allowed by the City a 7 person would still have to comply with State law i.e. operation of fireworks in a safe manner. He related that a public display would require that the Fire Department enforce provisions of the NFPA pamphlet. He then related that the provisions are strong enough to require proof of insurance or bonding for damages; construction types and size of fireworks used, transportation requirements; separation of display site from public crowds; and proper clearance 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. of site plans, monitors, spotters, all of which is only a portion of the requirements to ensure safety that would require endorsement from the local Fire and Police Departments on the State form submitted by the Arkansas State Police. In response to a question posed by Mayor Swaim, Chief Ezell stated that there has been two house fires involving bottle rockets in the last three to five years. Chief Hibbs stated that there is a tremendous amount of complaints surrounding the July 4th holiday regarding fireworks which requires extra personnel to answer those calls. He questioned the responsibility of possible traffic control or security issues if private displays are allowed, adding that if more than one event were taking place around town, this could put a strain on Police Department resources. Alderman Fletcher stated that he felt that a controlled environment would a better situation than random enforcement by officers covering a 30 mile area, adding that it might be better to provide an approved area for fireworks. In response to a question from Chief Hibbs, Alderman Fletcher related that he was referring to the general public not private displays, adding that he feels the City needs an approved area for fireworks. Chief Hibbs responded by saying conformance would be difficult due to easy availability of fireworks but may provide a measure of control, adding that it would be hard to speculate on the matter. Mayor Swaim clarified that the ordinance before the Council is not about granting permission for kids to shoot fireworks. Alderman Knight questioned if it were anticipated that there would be less illegal activity if the ordinance is passed? Alderman Fletcher expressed concerns for restrictions that presently govern the children in the City, adding that he understands the issue of safety. Alderman Ray questioned the need for an additional fireworks ordinance. Alderman Wilson stated that the present fireworks ordinance does not permit any discharge of fireworks. He related that he did not believe many people would go through the trouble to comply with all the requirements for a private display, adding that this ordinance only provides for a limited use of fireworks in the City. He stated he is not opposed, if monitored closely. He stated that the regulations do not apply to the common Class C 9 fireworks used by the general public. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Security responsibilities were discussed. Alderman Knight moved to amend the ordinance to include security and make traffic control the responsibility of the individual requesting a private display. MOTION DIES for lack of a second. Alderman Lewis recalled that there was a strong force from citizens regarding debris involving swimming pools, cars and houses associated with the use of fireworks, and asking if passage of the ordinance would once again contribute to that problem. Alderman Twitty stated that her understanding of the ordinance addresses a larger spectrum than that of the general public shooting fireworks on the 4th of July but permits an individual or group to have a fireworks display. She stated that she was in favor of the ordinance. Alderman Smith related that passage of the ordinance could take two weeks giving time for citizen input. Mayor Swaim recognized Mr. Hubert Alexander. Mr. Alexander mentioned information he supplied to Council regarding the National Fire Prevention Guidelines, adding that he spent a day with firemen and the firechief learning safety regarding fireworks. He stated that he had heard unfounded concerns of this being an issue of the rich vs. the poor. He related that he was given a ticket for shooting fireworks even though it met with the guidelines of the National Fire Prevention Agency and had gone to a lot of trouble and expense to do so. He pointed out the patriotic reaction of people watching a 4th of July fireworks display. He stated that he hired a fire department to patrol the firing zone area in golf carts. He related that his reasons for requesting the ordinance besides the opportunity to watch people celebrate America and their independence is that children are aware the display is illegal, which presents a conflict with what children should learn with regard to respect for the law. He related the quality of his fireworks display, adding that anyone is invited to attend. He related that he wants to conduct the fireworks display legally, adding that you cannot advertise something that is illegal. Alderman Ray related that the ordinance is meant for everyone, no matter where you live and that at the time it was passed it was the desire of the citizens to have such an ordinance. Mr. Alexander stated that his understanding is that the ordinance was sponsored after a mishap. He related that he only wants the display if it can pass the 23 pages of guidelines. 10 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. Alderman Fletcher stated that he was opposed to fireworks in the residential areas. Mr. Alexander related that his display has never had an accident or fire mishap. He related he is unable to pay for patrol police or insurance because it is illegal. Alderman Williamson pointed out that this is an amendment to the present ordinance. City Attorney Bamburg related that the amendment would add a provision to the existing ordinance allowing for permitted displays by private owner or groups as long as they comply with all State and Federal regulations and codes as outlined by Chief Ezell, which are quite extensive. He stated that the prohibition that is in place now will remain and any individual shooting fireworks in the City limits otherwise will be subject to receiving a citation. Alderman Fletcher moved, seconded by Alderman Wilson to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Smith, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. Aldermen: Knight, Lewis and Ray voted NAY. Motion received six (6) affirmative votes, (3) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Twitty to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Smith, Ray, Wilson, Fletcher, and Twitty voted AYE. Aldermen: Knight, Lewis, Williamson, and Keaton voted NAY. Motion received five (5) affirmative votes, (4) negative votes. MOTION FAILED requiring two/thirds majority to suspend the rules and pass on second reading. Alderman Knight expressed that she feels the illegal activity will continue which already stresses our police resources, adding that she does not feel she can support the ordinance unless provisions are made requiring anyone putting on a display to provide their own security and traffic control. Mayor Swaim related that the ordinance will be brought back to the next regularly scheduled City Council Meeting for second reading. APPOINTMENTS: PARKS AND RECREATION COMMISSION Alderman Wilson moved, seconded by Alderman Knight that Mike Brown be appointed to the Parks and Recreation Commission for a term to expire 05/09/2001. MOTION CARRIED. ANNOUNCEMENTS: SCHOOL IMPROVEMENTS COMMITTEE 11 Mayor Swaim related that Aldermen Keaton, Wilson, and Smith have agreed to serve on the committee and invited other Council members to join. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 16, 1996 7:00 P.M. - 8:40 P.M. DEVIATION IN AGENDA: In response to a question posed by Alderman Knight regarding a burned out house in the 700 block of Sorrells, Mayor Swaim related that he has a list of 20 proposed houses for condemnation which he will review. It was related in discussion that the charge of the school committee is to look at options for legally assisting the schools with their facilities. ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:40 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 12