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99 APR 01.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 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 1, 1999 at the regular meeting place of the Council. Alderman Howard 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, Gentry, Ray, Wilson, Williamson, Twitty and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:01 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Human Resource Director Steve Ward, Administration and Public Works Director Murice Green, City Engineer Duane Reel, Finance Director Paul Mushrush, Purchasing Agent C.J. Brown, OECD Director Frank Rowland, OECD Administrative Asst. Gerri Prince, Police Chief Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mr. Ben Rice, Mrs. DeDe Hibbs, Mrs. JoAnn Williamson, Mr. Terry Sansing, Leader Reporter Rick Kron, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of March 18, 1999 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Gentry that the minutes of the Regular City Council Meeting of 4 March 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: INTRODUCTION/New Fitness Director Mr. George Biggs introduced Andrea Toal as the new fitness and athletic coordinator for Parks and Recreation. He related Ms. Toal comes with excellent qualifications including a Bachelor of Science Degree in Kinesiology, adding that she has completed 1500 hours in athletic training internship and has ten (10) years experience with health and fitness in private athletic facilities. He stated that she has participated in and trained for athletics in high schools and colleges. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. DEVIATION IN AGENDA: Mr. Frank Rowland introduced Gerri Prince as the new OECD Administrative Assistant. He stated that her best qualification is that she cares about Jacksonville and is pretty much a native of Jacksonville, adding that she is a wonderful addition to the OECD Office. RESUME AGENDA: PLANNING COMMISSION: GENERAL: Alltel Arena Update Ms. Billie Ann Myers, Arena Board member related that it has been three (3) years since the inception of the arena and that the projected completion date is October 1999. She invited everyone to come and enjoy the arena after the opening in October. She stated that the arena was constructed from County sales tax levied for one year in 1995 and that a five-member board was appointed from representatives from the County. She pointed out that the building will be completely debt free upon completion and that support is very important, pointing out that there will be no tax money involved in maintaining the building once it is completed. She related that public input along the way has been very important and the public art committee designed the concourse floor featuring a wave theme with five eleven (11) feet tall figures depicting basketball, hockey, and playing the saxophone. She encouraged continued public opinion and input. Mr. Art Hunkele briefly updated Council on the construction progress. He related that most of the concrete and steel is completed and the roof, siding, and brick are 60% complete. He said that construction on the ice floor, hardscape and landscape will begin in May and the temporary certificate of occupancy will be issued. He related that final construction of the concourse floor and private suites will follow. He pointed out that private tours are available through Nina Cash for Friday and Saturday. He then related that there are two crew shifts regarding some operations for various projects. He then stated that there are 320 trade personnel working during the day and 40 at night. Mr. Michael Marion Vice President/Arena General Manager related that the interviewing for finance director has begun. He stated that the Assistant General Manager is John McDonald from Fayetteville, North Carolina and the Crown Coliseum. He introduced Marketing Director, Betty Baxter who helped open the facility in Tupelo, Mississippi and Tammy Warmington the Arena Office Manager. He said that staff hiring has gone well and pointed out that national advertising is responsible. He related 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. that hiring for the positions of Concessions Manager and Box Office Operator has also started and they are pleased with the turn out. He related that they have already started to book events. He presented the pre-opening brochure to Council and said that full color - meeting planner guides featuring pictures of events and meeting rooms will be available for the opening. He stated that the facility already has the UALR basketball coach and Arkansas River Blades as tenants. Mr. Dave Berryman owner of the Arkansas River Blades stated that they feel fortunate to obtain a lease and bring professional ice hockey to the Alltel Arena. He stated that after touring most of the hockey facilities in North America, he feels sure that the Alltel Arena will be ranked in the top fifteen of all hockey arenas. He said that the hockey season begins in October and the River Blades are the twenty-ninth member of the East Coast Hockey League adding that they have out-grown the National Hockey League. He related that there are 105 players in the league and are currently playing in the NHL. He introduced Ryan Gribble, Director of Corporate Sales and Management for the Arkansas River Blades and Amy Brit Director of Ticket Operations. He mentioned the opportunity for arena football. Mr. Marion related that parking for the arena is a combination of solutions, pointing out that there are lots close enough for walking and two available parking garages owned by Mr. Barry Travis across the river in Little Rock. He said that as the parking plan develops, other property has been offered not far from the arena and that parking options will offer parking close enough for walking and parking that will involve shuttles. He also related that CATA has purchased additional buses and he is confident that parking will not be a problem associated with use of the arena. He said that he and Betty Baxter have worked to ensure that there are no problems for the major events to be hosted at the arena. Mrs. Billie Ann Myers offered a calendar of public events for the month of October featuring major concerts and athletic events and thanked Council for their continued support. b. ORDINANCE 1119 (#5-99) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE § 18.66; AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE; CREATING AND ADOPTING AN OVERLAY DISTRICT FOR AREAS WITHIN THE FIVE (5) MILE PLANNING JURISDICTION AND/OR AFFECTED BY THE AIR INSTALLATION COMPATIBLE USE ZONE (AICUZ); AND, FOR OTHER PURPOSES. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. Mayor Swaim recognized Past Planning Commission Chairman Bart Gray. Mr. Gray related that the Planning Commission took a very serious approach regarding State law requirement for any city that host an Air Installation. He related that there was a series of public hearings where citizen input was gathered and a draft ordinance was formulated such that it would not contain ambiguity while addressing those concerns expressed. He related that the AHOD Ordinance presented reflects the work of many people and will comply with the State law protecting Air Installations. He stated that the Ordinance will be filed at the County Court House to enable all property owners to be properly notified of its intent and affect on their property as instructed in JMC 18.66.060. Alderman Wilson commented that JMC 18.66.040 building & construction provisions needs careful consideration regarding its ramifications for inspection and enforcement of sound installation in Clear Zone, APZ I, and APZ II. He stated that residents need to be made aware of the need for sound installation through property records without the inspection and violation aspects. Discussion followed as to the meaning of low intensity and low density and it was concluded that section 18.66.040 would be amended to read "should" instead of "shall." Alderman Wilson pointed out that there are no existing homes in the Clear Zone and very few in the small area of APZ I and II as opposed to the entire overlay district. It was noted that when the Overlay District is filed with its legal description it will appear on all land records that are affected. At this time Mayor Swaim recognized Mr. James Bowman, owner of two tracts of property in the overlay zone. He stated that he is opposed to the Overlay Zone Ordinance. He further stated that it will accomplish noise and safety standards as set out but pointed out that compliance is voluntary. He related that Air Force bases across the United States operate in very high-density areas such as Oklahoma City with no difficulty. He said that while this shows City, County and State support for a major economic facility, it destroys property rights of landowners in the entire five-mile area. He stated that it also allows for a conflict of interest argument when a local City business man is allowed to sponsor, custom fit, and use his political abilities to get passed - unchallenged a State law that allows a city to legislate and 4 plan five miles outside its corporate limits. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. He said that the few property owners in APZ I and II are forced to hire a constitutional attorney and fight the State and City, adding that the City has placed a forced financial burden on them. He stated that the Ordinance allows the City to commit industrial and expansion suicide. He then stated that closure of the base would cause temporary economic loss, but the potential for commercialization of Arkansas's first international airport would be greater than a stagnant Air Force installation in the long run. He stated that the Ordinance allows an incorporated body to legislate over an overlay zone up to five miles outside the incorporated area, adding that all other overlay zones are within incorporated cities. He related that before Act 530 of 1995 cities were limited to one-mile (1) planning activities with no ability to legislate outside their corporate limits. He said that property owners outside the City have little or no voice and no vote in City government. He reminded the Council of the "Boston Tea Party." Mr. Lyndon Whitledge, 103 Revere Court and thirty-four year resident of the City related that he opposes the Ordinance and has eight constitutional problems regarding the Ordinance. He stated that the precedence of a municipality regulating churches, adding that his church is located approximately 600 feet south of the zone but the study has suggested that it be re-worked every two years. He questioned if his church will remain out of the zone. He stated concerns for regulation regarding public assembly by the City and referred to an article included in a handout to Council that said that China forbids worship outside institutions approved by the State. He related that he does not see a difference between that and what is being proposed by the City Council. He stated that the Ordinance will allow the City to regulate churches by saying that they can only have a membership up to fifty. He cited problems with constitutional rights regarding freedom of speech, freedom of public assembly and freedom of religion. He stated that this will start precedence. Mayor Swaim stated that regarding a possible constitutional challenge the City has tried to address all concerns, adding that the City has a responsibility based on State law to pass an ordinance. He further stated that the Planning Commission has tried to formulate the Ordinance in a way that would be "as less intrusive as possible into the area." He pointed out that the amendment would further the effort to be least intrusive. He said that Council holds no animosity and is not trying to hurt anyone 5 or gain financially and that the Council must take some kind of action regarding the law set before them. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. Discussion ensued as to enforcement, minimum penalties, and notification through the County deed office. It was noted that the amendment would decrease the enforcement issue that is a major concern of the residents. It was clarified that regulation regarding low intensity and low density only applies to the APZ I and II zones. Alderman Wilson suggested reading of the Ordinance once this meeting. Alderman Wilson moved, seconded by Alderman Ray to place the Ordinance on FIRST READING. Alderman Fletcher pointed out that the requirement in JMC 18.66.030 of limiting one single-family residence per acre is a State Health Department requirement for an area that has no sewer system. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard 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 Smith to DISPENSE with the reading of Ordinance 1119 in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten, (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson to amend Ordinance 1119 Section 18.66.040 to read "should" in place of "shall." ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten, (10) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Smith to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED. 6 Mayor Swaim related that Ordinance 1119 would be placed on the next regularly scheduled agenda for second reading. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. c. Y2K Update. Mr. Paul Mushrush shared with Council the official plaque received by the City from the Government Finance Officers Association, a national organization of governmental accountants. He related the City of Jacksonville as a governmental entity has to ensure that there is no interruption in any essential services offered. He introduced members of the compliance team as Captain Bill Plunk representative for the Fire Department and emergency service, Captain Baker representative for the Police Department and 911 Communications and Mr. Murice Green representing Administration and Public Works. He then related that Mr. Ken Anderson of Water and Mr. Dave Thomas of Wastewater was brought into the compliance team to act as their own Y2K team leaders for those utilities. He said that Jacksonville has taken an early start beginning in 1996 looking at the process and its potential implications. He related that the first step was to analyze and evaluate all computer systems and software. He said that this cycle will be completed in June and will have an outside consultant conduct a Y2K simulation. He then said that the general criteria of electrons have been used regarding other systems that may support embedded chips. He related that list have been compiled and will be upgraded by the 3rd quarter. He said that in creating different scenarios other systems criteria was developed and efforts were coordinated with the hospital Y2K compliance team. He stated that overall it is a major effort for all services of the City. He related that the goal is to make sure the citizens receive the same service after the year 2000. He related participation in meetings to inform the public. He related that changes have been done within a normal budgetary cycle, adding that this is a primary sign of a good and well-planned scheme. He then related that as a stand-by measure the Council approved the establishment of a contingency fund in the event it is needed. He stated that the compliance team feels that research has been as thorough as can be given worst-case scenarios. APPOINTMENTS: ANNOUNCEMENTS: Mayor Swaim noted that the list formulated and dated August 10, 7 1998 showing where AICUZ lines crossed paved roads all still marked and has been staked with orange flags. He encouraged those interested to revisit the area to detect that property which is located inside the AICUZ area. It was decided that Mr. Lucien Gilliam would be invited to attend the next regularly scheduled City Council Meeting to provide further information. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 1999 7:00 P.M. - 8:04 P.M. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 8:04 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR City Clerk-Treasurer 8