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97 JUN 05.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 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 June 5, 1997 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: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton, and Howard answered ROLL CALL. Aldermen Sansing and Williamson were absent. PRESENT EIGHT (8), ABSENT (2). Mayor Swaim answered ROLL CALL and declared a quorum. Others present for the meeting were: City Attorney Robert E. Bamburg, Mayoral Assistant Michael Beeman, Deputy City Clerk Susan Davitt, City Engineer Duane Reel, Public Works Director Murice Green, Office of Economic and Community Development Director Phil Sullivan, Police Chief Larry Hibbs, Fire Chief Rick Ezell, Finance Director Paul Mushrush, Mrs. Judy Swaim, Mrs. Dee Dee Hibbs, Remedial Project Manager Vertac Superfund Site Mr. Phil Allen, 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 15, 1997 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Wilson moved, seconded by Alderman Elliott that the minutes of the Regular City Council Meeting of May 1, 1997 be APPROVED. MOTION CARRIED. CONSENT AGENDA: ANIMAL CONTROL DEPT. Alderman Wilson moved, seconded by Alderman Lewis to APPROVE the monthly Animal Control Report for the month of May, 1997. Report reflects the following: REVENUES...............................$ 571.00 CONTRIBUTIONS..........................$ .00 ADOPTION/FINES ........................$ 571.00 SECURITY DEPOSITS......................$ .00 TOTAL..................................$ 571.00 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. POLICE DEPARTMENT: Regular Monthly Report for April, 1997/Police Department Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for April of the Jacksonville Police Department be APPROVED. Said report reflects: Fine Settlements, $ 67,339.50, Miscellaneous Payments $ 160.00, Report Copies $ 404.50 for a total Collections of $57,335.60. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED. OECD AGENCY: Alderman Wilson moved, seconded by Alderman Lewis that the Regular Monthly Report for May, 1997 of the Economic and Community Development Department be approved. Said report reflects: Informational Meetings ..................................1 (ADFA) Informational Meetings...................................6 Public Meeting (OECD)....................................1 a. Letters to prospective applicants.....................0 b. Applications received.................................0 c. Bids Advertised.......................................0 d. Work write-ups & estimates............................0 e. Pre-construction conferences..........................0 f. Appraisals & Environmental reviews....................0 g. Interim inspections...................................3 h. Final Inspections.....................................0 i. Emergency Inspection..................................0 j. Partial payments......................................0 k. Project Closeout......................................0 l. Warranty Repairs......................................0 m. Contracts signed......................................0 n. Rehab mortgages released..............................0 Public Works: a. Proposals Received....................................1 b. Interim Inspections..................................20 c. Project Close-out.....................................0 d. Pre-construction Conference...........................1 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: 2 POLICE DEPARTMENT: CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. STREET DEPARTMENT: a. (Approval of 80/20 Matching ISTEA funds for Widening of Loop Road from Linda Lane to North First or Hwy 161) Mayor Swaim pointed out that $115,000.00 was approved two years ago. He said that the price is considerably higher than originally thought relating that the total share for the City of Jacksonville is $573,000.00 which has been set aside in Street Department Funds. He said that the project cost will be approximately $1,159,000.00 dollars with redesign taking out some things originally planned. He related that delay will be more costly explaining that a $30,000.00 check has been forwarded for engineering design expense. He said that the City is paying 51% of the total cost of the project. Alderman Smith moved, seconded by Alderman Howard to APPROVE a total of $573,000.00 to match ISTEA funds for the widening of Loop Road from Linda Lane down North First or Hwy 161. MOTION CARRIED. b. Review of 1997 Asphalt bids Mr. Reel explained that last years price was $31.00 and this year the cost is $33.41. He related that the milling price last year was $1.40 per square yard and this year $4.75 per square yard. Mayor Swaim suggested that the Council authorize the City Engineer and himself to accept the bid for the asphalt and negotiate on the milling of streets with the option of pulling it out of the project. Alderman Wilson moved, seconded by Alderman Fletcher that the asphalt bid be APPROVED with authority being given to the Mayor and the City Engineer to negotiate the milling fee with the option of pulling it out of the project if the contractor will agree. MOTION CARRIED. Mayor Swaim related that the item may come before the Council if negotiations are not successful. Alderman Wilson suggested that the City look into the "HEATER SCARE FIRE PROCESS" before next years asphalt work is to be done. PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: 3 PLANNING COMMISSION: FINAL PLAT Collenwood Subdivision City Engineer Reel related that the Collenwood Subdivision has been discussed by the Planning Commission over the last year or so. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. He pointed out that Collenwood, formerly Stonewall Phase VI, Phase I is now completed with all letters of acceptance from the Water and Sewer Departments submitted, and street guarantees from the developer. Alderman Elliott questioned the 25 ft. setbacks on the corner lots. City Engineer Reel said that he was not able to contact Mr. Green regarding the matter, but that it is not acceptable that a house face the 25 ft. setback, that 35 ft. is required by code. He related that a 10 ft. easement has been granted across the back of the lots that back up to Loop Rd. and Berkshire Drive. He said that a letter of map amendment from FEMA is forthcoming through the help of Bond Engineering with letters on file that the building site is out of the flood plain and that flood insurance will be at minimal cost. Mayor Swaim stated that he would like it publicly known that the lots, the yards, not the homes, will flood and that the City will not be responsible for improvements to prevent the same. City Attorney Bamburg said that the "F" designation on lots is due to some portion of the lot lying within the flood plain; said designation putting potential buyers and financial institutions on notice of the same. Alderman Keaton expressed concerns regarding the fence screening. Alderman Wilson suggested that when 50% of the homes in the subdivision are completed, that the fence be completed on all lots along Loop Rd. and Berkshire Drive. City Engineer Reel said that common areas and the retention basin will become the responsibility of the Property Owners Association with the City helping at times with cleaning etc. Alderman Wilson moved, seconded by Alderman Ray to APPROVE the FINAL PLAT of Collenwood Subdivision, Phase I with the following stipulations: that a privacy fence of wood or like material be constructed on a lot by lot basis as homes are finished with completion of the fence when 50% of those homes on Berkshire and 4 Loop Rd. are finished; that a 35 ft. front yard setback be required for homes constructed on corner lots shown on the plat to have a 25 ft. front yard setback; that the responsibility of the retention basin, now that of the developer, become the responsibility of the property owners association. MOTION CARRIED. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. GENERAL: a. DISCUSSION: Emergency Warning System Mayor Swaim recognized Chief Hibbs to address the item of business. He related that weather information comes to the department from the National Weather Service and also from the LRAFB. He said that when a confirmed "hook" is seen in the area, the sirens, which are on a timer, are activated. He related that there is not an "all-clear" siren. Mayor Swaim requested that the press meet with both Chiefs and publish an article for the safety of the public with regard to the weather siren activity by the City. Mayor Swaim noted that there are five existing emergency systems. He said that a test program is being worked on to determine that the required decibel level is being met. He said that the City and the County may be able to work together as a better warning system for the general public is sought. He pointed out that replacing each City owned siren would cost approximately $18,000.00 to $19,000.00. He said that relocation or addition of sirens is possible upon completion of decibel level testing. Chief Ezell said that LRAFB and the Police Department are cooperating with decibel testing. After more discussion regarding alerting the citizens of the community, the general consensus was that no alarm system can guarantee that all tornadoes will be sited and that there will be time to forewarn the public if they are. b. ORDINANCE 1080 (#8-97) LRAFB ANNEXATION CONFIRMATION AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF THE UNANNEXED PORTION OF THE LITTLE ROCK AIR FORCE BASE INTO THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Fletcher moved, seconded by Alderman Wilson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received nine (8) affirmative votes, (0) negative 5 votes. 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: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. Alderman Sansing voted NAY (0). Motion CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Fletcher, moved, seconded by Alderman Wilson, that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Fletcher moved, seconded by Alderman Wilson, that Ordinance 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Lewis, that EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1080 THIS THE 5th DAY OF JUNE, 1997. Mayor Swaim pointed out that annexation in the 50's took in that portion of LRAFB on which houses were constructed, leaving the 6 vacant land, the runway and the industrial part of the base outside city limits. He said that efforts have been made over a years time to get this unannexed portion brought into the City one reason being Police protection of all citizens whether on or off base. He said that cooperative efforts have been good between the JPD and the Air Force Authorities making LRAFB a more vital part of the City. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. He explained the process which has brought the Ordinance before the City Council for action and pointed out efforts made to retain the LRAFB in the community. c. Vertac Update by Phil Allen Alderman Marshall Smith introduced Mr. Allen who gave an update on clean-up efforts at the Vertac Plant Site. He presented the Council with a fact sheet showing how the site is structured and made brief comments of the accomplishments and progress made in the last few months. He commented that a ribbon cutting ceremony was held the day before for a new three million dollar wastewater treatment plant at the Vertac Site. He said that the landfill at the site is almost 100% complete adding that the remedial design is near completion as well. He said that full blown demolition/remediation will take place about the middle of July adding that he felt all construction operations, ground water remediations, the soils, the demolition of all the buildings, the excavation of all the contaminated flood plain soils, and basically 100% of the site clean-up will be complete by the end of 1997. He pointed out that there will be long term operation and maintenance for the buried and contaminated debris at the site as well as air monitoring. He said there will be no threat to anybody off-site. d. ORDINANCE 1081 (#9-97) NON EMERGENCY AMBULANCE AN ORDINANCE AUTHORIZING THE CITY OF JACKSONVILLE, ARKANSAS, TO EXTEND THE CONTRACT FOR NON-EMERGENCY SERVICES WITH ARKANSAS EMERGENCY TRANSPORT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim explained that the City has the option to renew the contract with AET (Arkansas Emergency Transport) without bidding noting that the price that is being charged is acceptable and a reciprocal agreement regarding membership holders in the City needing service outside the City and visa versa for membership holders with their organization in the County. 7 Alderman Fletcher moved, seconded by Alderman Lewis to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Smith that the rules be suspended and that the Ordinance not be read in its entirety. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. Alderman Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Keaton moved, seconded by Alderman Lewis to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Ray, moved, seconded by Alderman Lewis that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton, and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Fletcher moved, seconded by Alderman Lewis, that Ordinance 1073 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray, that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Keaton and Howard voted AYE. NAY (0). Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1081 THIS THE 5TH DAY OF JUNE, 1997. 8 Mayor Swaim stated that the contract sets forth that other ambulances will be allowed to do transfer work from Rebsamen Hospital to other hospitals letting City ambulances remain in the City at all times providing better service to the citizens. He also related that back-up service in emergency situations is a provision of the contract. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. APPOINTMENTS: WASTEWATER COMMISSION / Appointment of Judith L. Callahan to serve the unexpired term, expiring 03/17/98, of Bill Chambers Alderman Smith moved, seconded by Alderman Ray that Ms. Judith L. Callahan be appointed to the Wastewater Commission to serve the unexpired term of Bill Chambers, deceased; the term expiring 03/17/98. MOTION CARRIED. NON AGENDA ITEM: RESOLUTION 501 (#8-97) RE: ALTERNATE FUNDING FOR THE PULASKI COUNTY REGIONAL JAIL FACILITY A RESOLUTION URGING THE PULASKI COUNTY QUORUM COURT TO CONTINUE SEARCHING FOR ALTERNATIVE FUNDING METHODS FOR OPERATION AND EXPANSION OF THE PULASKI COUNTY REGIONAL JAIL FACILITY Mayor Swaim explained that an ordinance has been proposed in the Quorum Court which will re-allocate the one-cent county sales tax. He said that the City of Jacksonville stands to lose over one million dollars in funding. He related that there are limited areas which can be cut pointing out that 53% of said cuts would be made in public safety areas. He pointed out that the Street Department is run with 3 mill road tax funds. He said that the Sanitation Department is run with the fees collected for the service provided thus leaving the area of public safety the most likely source to be cut pointing that the Parks & Recreation Department would have to be done away with. Mayor Swaim explained that the same tax is paid by incorporated and non-incorporated areas. He said that Jacksonville is paying their fair share of jail operations adding that the City can operate its own jail facility for under $300,000.00 per year. He added that the City does want to be part of the combined effort in criminal control through the Regional Jail adding that he desires a fair way to fund it. Commissioner Elliott moved, seconded by Alderman Smith that Resolution 501 (#8-97) be placed on the agenda as an item of business for action by the Council. MOTION CARRIED. 9 Alderman Wilson moved, seconded by Alderman Lewis that Resolution City Attorney Bamburg read Resolution 501 (#8-97). MOTION CARRIED. City Attorney Bamburg voiced that Quorum Court member Larry Goddard was very vocal in relating that the City of Jacksonville was very supportive of the one-cent sales tax and very supportive of the action to develop the Regional Jail Facility. He said that Mr. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING JUNE 5, 1997 7:00 P.M. - 8:13 P.M. Goddard reminded the Quorum Court, as well as the County Judge, that to come back at this time and ask to take away a million dollars of loss from L.R., N.L.R., Sherwood, etc. would not be a fair and equitable distribution because he noted that people in the unincorporated areas are paying the same as people in corporated areas with additional amounts paid in tax dollars by residents of the City. Mayor Swaim asked for volunteers to serve on a committee to come up with creative funding as needed. Alderman Fletcher moved, seconded by Alderman Smith that Resolution 501 (#8-97) be APPROVED. MOTION CARRIED. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:13 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 10