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99 DEC 16.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 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 December 16, 1999 at the regular meeting place of the Council. Alderman Lewis 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. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Human Resource Director Dennis Foor, Director of Administration Murice Green, City Engineer Duane Reel, Finance Director Paul Mushrush, OECD Director Frank Rowland, Purchasing Agent C. J. Brown, Police Chief Hibbs, Park and Recreation Director George Biggs, Fire Chief Vanderhoof, Chamber Director Bonita Round, Public Works Coordinator Jimmy Oakley, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Lindy Lewis, Mrs. Edith Smith, Mrs. Paulette Howard, Ms. Addie Gibson, Mr. Terry Sansing, Mr. Tommy Dupree, Patriot Reporter Peggy Koury, Leader Reporter Rick Kron, Democrat-Gazette Reporter Larry Ault, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of December 2, 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 November 18, 1999 be approved. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Lewis moved, seconded by Alderman Howard to APPROVE the monthly Report for November 1999 of the Jacksonville Fire Department. Said Report reflects a fire loss of $534,200.00 and a Savings Total of $680,800.00. ROLL CALL: Aldermen: Elliott, Smith Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Lewis moved, seconded by Alderman Howard that the Regular Monthly Report for November of the Jacksonville Police Department be 1 APPROVED. Said report reflects; Report Sales $266.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY 0. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. REGULAR MONTHLY REPORT/CDBG Alderman Lewis moved, seconded by Alderman Howard that the Regular Monthly Report for November of the Community Development Department be approved. Said report reflects: PROGRAM INQUIRIES: NOVEMBER YR-TO-DATE Rehab ...................................... 0 20 Home ....................................... 2 19 CDBG ....................................... 3 23 Sewer ...................................... 4 19 HAG ........................................ 0 11 Home Buying ................................ 6 23 HOMEBUYER ASSISTANCE GRANT (HAG) NOVEMBER YR-TO-DATE Applications ............................... 0 15 Approved ................................... 0 15 Processed & Closed ......................... 0 15 HOUSING REHAB APPLICATIONS NOVEMBER YR-TO-DATE Loan Applications (HOME) ................... 0 10 Grant Applications (CDBG) .................. 0 13 JOBS COMPLETED NOVEMBER YR-TO-DATE HOMES Funded Rehabs ........................ 0 5 CDBG Grant Rehabs .......................... 1 8 CDBG Emergency Grants ...................... 1 9 CDBG Sewer Loans ........................... 1 8 City Sewer Loans ........................... 1 3 Handicap (CDBG) ............................ 0 2 Warranty Repairs .......... ................ 0 4 TOTAL ...................................... 39 HOME BLDG/BUYING/RECONST-SALES NOVEMBER YR-TO-DATE Single-family housing construction starts. 0 3 Homes built or re-constructed-completed .... 0 3 Construction Sales ......................... 0 1 Mortgage Loan Applications ................. 2 9 2 Pending Financing .......................... 3 n/a Approved Mortgage Loans .................... 0 1 JBIP ACTIVITY NOVEMBER YR-TO-DATE Students enrolled in current classes ....... 6 26 Number of classes held ..................... 0 42 Correspondence to new business ............. 4 23 Applications taken ......................... 0 35 Promotional presentations .................. 2 20 Visits/Consultations with students ......... 5 39 Student Grant/Loans ........................ 0 2 Graduates .................................. 6 23 Graduate business starts ................... 0 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. PUBLIC IMPROVEMENTS Goshen Street project: completed Sage Street project: contract awarded to Lasiter Asphalt Maint. Co., Inc. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard, voted AYE, NAY (0). MOTION CARRIED. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman moved, seconded by Alderman to APPROVE the monthly Animal Control Report for November 1999. Report reflects the following: REVENUES..................................$ 564.50 CONTRIBUTIONS.............................$ .00 ADOPTIONS/FINES...........................$ 564.50 TOTAL.....................................$ 564.50 ROLL CALL: Alderman: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty, and Howard voted AYE. Nay (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. CDBG public hearing/5-year Consolidation Plan 3 Mayor Swaim opened the public hearing at approximately 7:02 p.m. Mr. Frank Rowland related that the consolidated plan outlines the City's most pressing needs in terms of maintaining and revitalizing neighborhoods for moderate to low income persons. He further related that it provides for the City strategy to provide housing assistance through CDBG HUD funds to the moderate to low income persons of the community. He noted that there is a thirty-day period for public input after the plan is adopted by the City Council. He reviewed the four priorities as presented on page thirty-six of the plan, adding that page four is the budge for 2000. Mayor Swaim closed the public hearing at approximately 7:06 p.m. and asked for consideration for Resolution 524 (#11-99) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. RESOLUTION 524 (#11-99) RESOLUTION OF THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARKANSAS APPROVING THE STATEMENT OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED USE OF FUNDS FOR THE SEVENTEENTH YEAR ENTITLEMENT INCREMENT AND FIVE YEAR CONSOLIDATION PLAN OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM MAKING CERTAIN REQUIRED CERTIFICATIONS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT, AND AUTHORIZING THE MAYOR TO SUBMIT THE PROGRAM MATERIALS TO THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Alderman Wilson moved, seconded by Alderman Lewis to read Resolution 524 (#11-99). MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 524 (#11-99). Alderman Ray moved, seconded by Alderman Gentry to dispense with the reading of Resolution 524 (#11-99) in its entirety. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Elliott to Approve Resolution 524 (#11-99). MOTION CARRIED. b. ORDINANCE 1128 (#14-99) AN ORDINANCE WHEREBY THE CITY OF JACKSONVILLE AND ALLTEL AGREE THAT THE 4 TELECOMMUNICATIONS COMPANY SHALL OPERATE ITS TELECOMMUNICATIONS BUSINESS AND SYSTEM IN JACKSONVILLE AND ERECT AND MAINTAIN PLANT CONSTRUCTION AND APPURTENANCES ALONG, ACROSS, ON, OVER, THROUGH, ABOVE, AND UNDER ALL PUBLIC STREETS, AVENUES, ALLEYS, PUBLIC GROUNDS, AND PUBLIC PLACES IN SAID CITY; IN EXCHANGE, THE CITY SHALL RECEIVE AN ANNUAL FRANCHISE FEE FROM ALLTEL; DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. Mayor Swaim explained that there are franchise fee for the utility companies by State Law, adding that unless changed by the City Council an ordinance was passed which allows for this. He related that Alltel will be new in the Jacksonville area and the ordinance will assess franchise fees. Alderman Elliott moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative 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, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. In response to a question from Alderman Wilson, Mayor Swaim related that the basic ordinance is the same as the one for GTE, adding that GTE was grandfathered in two years ago when the law passed that set maximum allowable fees to be 4.25% by state statute. He stated that at a later date changes may need to be addressed for GTE. Mayor Swaim related a revenue loss regarding the franchise fee change. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard 5 voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Wilson moved, seconded by Alderman Gentry that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Elliott moved, seconded by Alderman Lewis that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1128 THIS THE 16th DAY DECEMBER 1999. c. Purchase of Chamber Building and Lease of Dupree Street Building. Mayor Swaim related that the City owns the land where the Chamber building is located and granted a ninety-nine year lease to Chamber for that location. He stated that the appraisal of the building is $100,000.00 and suggested that the same be offered to the Chamber of Commerce under specific conditions. He cited conditions of 1) the Chamber of Commerce would in-turn lease the Dupree/James Street building owned by the City, 2) and use the funds from the purchase of the building on Main Street to renovate the Dupree/James Street building. He stated that in-turn the City would extend the lease to that location for seventy-nine years and maintain a shared interest in a large meeting room and two offices at the building. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. Mayor Swaim then explained that Resolution 523 (#10-99) authorizes the Mayor and City Clerk to enter into contract with the Chamber of Commerce. 6 Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Resolution 523 (#10-99) on the agenda. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Ray to read Resolution 523 (#10-99). MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 523 (#10-99) Alderman Smith moved, seconded by Ray to dispense with the reading of Resolution 523 (#10-99) in its entirety. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Gentry to approve Resolution 523 (#10-99). MOTION CARRIED. d. Renewal of Jacksonville Senior Center Contract Mayor Swaim related that under the State Statute the City is to authorize a lease agreement to provide services for the elderly. He said that the lease is for the existing building and Council will need to authorize the signing of the agreement. Alderman Elliott moved, seconded by Alderman Ray to authorize lease agreement contract for services with the Jacksonville Senior Center. Mayor Swaim related that the amount of the contract is $40,000.00 as opposed to $35,000.00 of the past. MOTION CARRIED. e. Renewal of Jacksonville Chamber of Commerce Contract Mayor Swaim related that this is also a service agreement, adding that the Chamber of Commerce has taken on new responsibilities as with the coordination of the Wing Ding Festival. He related that the agreement is for $45,000.00 instead of the previous $38,000.00, which is included in the budget as presented. Alderman Wilson moved, seconded by Alderman Smith to authorize lease agreement contract for services with the Jacksonville Chamber of Commerce. MOTION CARRIED. DEVIATION IN AGENDA: Mayor Swaim updated the Council on progress regarding the extension of Second Street proceeding to the intersection of Bailey and Hwy 161 at Division. He related that an opportunity to receive funds presented itself and Mr. Green submitted a proposal to Metroplan, however, they felt that the preliminary engineering was not detailed enough to receive total funding ($559,000.00) at this time. He further related that they did agree to fund the preliminary engineering to move forward, which CITY OF JACKSONVILLE 7 REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. would give Jacksonville the opportunity later to apply for funds on the TIP list. He stated that regarding the time factor, Bond Engineering was contacted and performed some of the preliminary engineering. He related that this allowed the City to receive $25,000.00 toward the project. He asked if Council would allow for authorization to retain Bond Engineering so the City may move forward with the project. Alderman Wilson moved, seconded by Alderman Howard to suspend the rules and place the item of business on the agenda for consideration. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to authorize the hiring of Bond Engineering with 75/25 match funds from Street Department Reserves set aside for the Second Street extension project. Discussion ensued regarding work currently being performed by the landowner. Mr. Mayor related that no agreement has yet been achieved regarding rights-of-way and will require an appraisal. He then related that being a Highway Department process project it would be difficult to determine a completion date. He related that it would be favorable if this project were to move ahead of the Overpass project as this project would divert traffic away from the Overpass during its construction. At this time MOTION CARRIED. OVERPASS UPDATE: Mayor Swaim related that progress is slow with the overpass, adding that the City received a letter from the Highway Department granting permission to move forward with the engineering design. He stated that the final approval will come with the environmental study that was due back in October but have not been received as yet. He stated that the process has been delayed by four months waiting on the environmental study. Alderman Wilson recommended more emphasis be placed on the project citing the Highway program that will go into effect might make it hard to find people to complete the project. Mayor Swaim related that the last estimate before the delay with the environmental study is that bids were to be taken before the end of 1999, which has now been pushed back at least four months. Mayor Swaim concurred with Alderman Wilson and related that the City has made the Highway Department aware that things are proceeding slowly to which they responded with a phone call and letter. He then confirmed that the property belong to the Larry and Arleta Dupree who are in favor of the 8 project. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. RESUME AGENDA: f. ORDINANCE 1127 (#13-99) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2000; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURE FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT, FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES \[COVERS: GENERAL FUND OPERATIONS, STREET DEPARTMENT, AND SANITATION FUND\]; AMENDING ORDINANCE NUMBER 1100, 1101, AND 1102; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related minor changes as previously each department was listed separately, pointing out that in the current accounting system department are grouped into four areas of specific operation. He related that the total budget is $10,947,185.00 of which General Government is allocated $1,183,943.00, Public Safety $6,984,000.00, Judicial $ 361,532.00, Public Works $2,417,710.00. He related that the Sanitation fund is operated as an enterprise fund, adding that other funds such as the Street fund are operated outside of general fund operations. Alderman Elliott moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative 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, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Gentry to ACCEPT the Ordinance on FIRST READING. Alderman Wilson commended the budget stating that the auditors report confirms the financial soundness of the City, which starts with the budget process, and a vast majority of work is accomplished by Mayor Swaim and Paul Mushrush. He concluded with appreciation saying that the 9 budget is a very good document, which makes their job as Aldermen easier. Council voiced general consensus of those sentiments. Mayor Swaim related that the increase for salaries is proposed at $508,824.00 with total payroll cost of $8,941,065.00. He related that insurance cost have increased and have been figured into the budget. He said that while employees do not always like for benefits to be considered a part of the salary, he feels it is important to note that the increase is approximately $40.00 per family member, adding that the City is now paying 87% of the family plan and 100% of the single plan. He said that in research it was determined that it would be very difficult for the City to obtain employee insurance at a lower cost. He related that the City has just been moved from the lowest rate offered by CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. the Arkansas Municipal league to the second lowest rate. He related 145% loss ratio in 1998, adding that through October 31, 1999 that figure had grown to 158% on that program. He stated satisfaction with the payout ratio and the fact that the City is not receiving a larger increase. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Wilson to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Lewis moved, seconded by Alderman Ray that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Gentry moved, seconded by Alderman Lewis that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry that the EMERGENCY 10 CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1127 THIS THE 16th DAY DECEMBER 1999. ANNOUNCEMENTS: Mayor Swaim related that former Alderman Phil Keaton has been released from the hospital regarding serious health problems and is recovering. He related that open house will be hosted December 17th from 1:00 p.m. to 4:00 p.m. He related that pins and certificates will be distributed at 2:00 p.m. He encouraged attendance from Council members. City Hall will be closed December 23rd and 24th for the Christmas Holidays and December 31st for New Years CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 1999 7:00 P.M. - 7:50 P.M. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:50 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 11