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99 JAN 21.DOCCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DR. The City Council of the City of Jacksonville, Arkansas met in Regular Session on January 21, 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, Gentry, Ray, Wilson, Williamson, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT seven (7), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Human Resource Director Steve Ward, City Engineer Duane Reel, Engineering Secretary Marc Wilson, Finance Director Paul Mushrush, Public Works Director Murice Green, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Leader Reporter Rick Kron, Jacksonville Patriot Editor Jon Parham, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 7, 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 29 December 1998 be APPROVED. MOTION CARRIED. PUBLIC HEARING: ORDINANCE 1115 (#1-99) AN ORDINANCE VACATING AND CLOSING PURITAN STREET (GENERAL LOCATION: PURITAN STREET LYING BETWEEN 1504 AND 1600 QUINCE HILL ROAD, JACKSONVILLE); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:02 p.m. and offered those in the audience an opportunity to speak. There was no one to speak in opposition to the closing of Puritan Street. Mayor Swaim closed the public hearing at approximately 7:03 p.m. Alderman Wilson moved, seconded by Alderman Smith to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. Motion received seven (7) 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, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven, (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Elliott to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Gentry to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Smith moved, seconded by Alderman Ray that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Wilson, Williamson, Howard and Ray voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Elliott that Ordinance 1095 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1115 THIS THE 21st DAY JANUARY 1999. DEVIATION IN AGENDA: WATER DEPARTMENT: ANNUAL REPORT by Mr. Ken Anderson He related that under the guidance of the Water Commission they have completed another year under budget without raising rates, while still making improvements to the system. He related that the Little Rock Municipal Water Works is currently conducting a rate study and have said that they may raise rates in 1999, adding that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. information has been requested and is pending as to how this will affect charges from North Little Rock for Jacksonville. He related that Jacksonville purchases three million gallons a day which makes up 54% of total production. He pointed out that during the previous hot summer the water production record was broke on 6 July 1998 with production of 9.5 million gallons over the high of 9.2 million of 30 August 1995. He stated that total production for the year was 2.02 billion gallons, which was a 9% increase over the previous year, and that average daily flow for 1998 was 5.5 million gallons. He said that water loss decreased to 7.5% of total production from 10.8% in 1997. He related that with the possible rate increase from Little Rock Municipal Water Works and Arkansas Soil and Water Commission declaring the alluvial act for critical water source; the Jacksonville Water Commission has voted to participate with North Little Rock Water in a study to find a new water supply. He related options of building a lake in the Camp Robinson or the Bull Creek area north of Jacksonville to be supplied by the Arkansas River or Greers Fairy. He said in closing that the Water Works Department continues to meet all Arkansas Department of Health requirements and regulations. He thanked the Mayor and City Council for their continued support of the Water Commissions effort to provide the City with high quality drinking water. In response to a question posed by Alderman Smith, it was noted that returns from the new water source study should be forthcoming sometime in February 1999. Mayor Swaim noted and Mr. Anderson concurred that the water loss of 7.5% of total production includes water used by the Fire Department in fighting fires, water lost in low meter flow and the flushing of the main lines. Mr. Anderson related that according to the guidelines of the American Water Works Association any water loss under 10% is good. A copy of the Water Works Annual report is on file in the office of the City Clerk. WASTEWATER DEPARTMENT: Annual Report by Dave Thomas He stated that bids for improvements to the Johnson plant will open 16 February regarding mandated rehabilitation of the collection system. He said that they are proud that there are no EPA violations regarding the discharge permit, adding that EPA was concerned about discharge from the West plant until the flow was diverted from the West plant to the Johnson plant reducing that CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. flow 50 percent. He then related that the EPA had suggested adding costly aeration, however, since the diversion they have not made that recommendation again. He said that the lab department and operations department other than conducting the discharge testing also work with industrial users who are required to receive a permit from the utility, adding that there are no problems from the industry and things are going well. He said that the annual inspection of the lab by ADPC & E resulted with no violations. He emphasized that the Jacksonville Wastewater Utility remains debt free thanks to the management of the Commission, City Council, and the voters approval of the sales tax to fund the rehabilitation. Mayor Swaim and Alderman Wilson expressed appreciation and commended the Water and Wastewater Commissions for their outstanding work and complimented the utilities in their management. A copy of the Wastewater annual report is on file in the office of the City Clerk. GENERAL: STATE OF THE CITY by Mayor Swaim Mayor Swaim related that he was pleased to present the State of the City report and highlighted accomplishments in 1998. He said that 1998 was an excellent year for the City of Jacksonville and that 1999 looks equally promising. He related that with the cooperation of department heads and employees the City of Jacksonville was able to operate effectively and efficiently within the 1998 budget and actually under spent in many areas. He complimented Finance Director Paul Mushrush and his staff for the financial record keeping which continues to improve. He stated that in 1998 the comprehensive annual financial report was submitted to the Government Finance Office Association of the United States and Canada, in consideration for an award of excellence in finance reporting. He said that the Superfund site cleanups have made the Community stronger and better equipped to handle adversity and difficult issues. He related that after fifteen years of both financial and psychological affects, Vertac is now completed and efforts underway to either acquire the Vertac property for industrial development or assist new owners to make it a productive part of the community. He stated that recovery of the community is apparent from the steady growth and development rate experienced for commercial and residential areas. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. He pointed out that there was a 16% reduction in the crime rate and related the opening of the new 911 Dispatch Center and 800 Radio System has improved communications for public safety and all city departments. He related the retirement of Fire Chief Rick Ezell and the appointment of new Fire Chief John Vanderhoof and the positive statistical reports for 1998. He stated that Mr. George Biggs became the new Director of Parks and Recreation in 1998. He related the completion of the new soccer field complex in Dupree Park and the "all purpose field" that will be the new home of the Mums Festival featuring a permanent performing stage. He said that Dupree lake was returned to the inventory of useable recreational facilities with many species of stocked fish and a huge fishing dock. He then related that the Regional American Legion Baseball Tournament will be hosted by the City of Jacksonville this summer and major renovations are underway at Dupree Park. He related the development of two new programs in the Office of Economic and Community Development, a business development center was opened for new businesses and a program was implemented to provide more affordable housing with funds from a grant provided by the Arkansas Development and Finance Authority. He stated that Public Works and the Engineering Department continue to concentrate on improvements regarding drainage, sidewalks, and many street projects. He noted eight drainage projects contracted for a total of $635,031.00, sidewalk construction came in at $186,052.00 and seven miles of streets in the Asphalt Overlay Program totaled $492,462.00. He related the excellent quality of healthcare provided by Rebsamen Medical Center and highlighted the completed construction of the $4.3 million health clinic which provides space for twenty doctors. He stated that rumors of a "Tiger Team" and possible base reorganization proved to be incorrect and the future of the Little Rock Air Force Base looks very good. He stated that a great deal of work was done on a state and national level to assure the continued presence of the Air Base in our community. He concluded by saying that Jacksonville continues to move forward to a brighter and stronger future of which we can all be proud to be a part of. He stated that challenges have been met in the past CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. and will be met in the future, adding that great things will happen for the City of Jacksonville. He thanked the Council and the City employees for their participation. A copy of the State of the City report is on file in the office of the City Clerk. RESUME AGENDA: CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Howard to APPROVE the monthly Report for December 1998 of the Jacksonville Fire Department. Said Report reflects a fire loss of $459,000.00. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. MOTION CARRIED. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Howard that the Regular Monthly Report for December of the Jacksonville Police Department be APPROVED. Said report reflects; Fine Settlements $64,209.83, Miscellaneous Payments $300.00, Small Claims $ 75.00, Report Sales $276.00 making TOTAL COLLECTIONS: $65,420.83. ASSESSED: Pending. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY 0. MOTION CARRIED. REGULAR MONTHLY REPORT/OECD Alderman Ray moved, seconded by Alderman Howard that the Regular Monthly Report for December, of Economic and Community Development Department be approved. Said report reflects: DECEMBER YR-TO DATE Housing Rehabilitation: Loan Applications (HOME).................... 1 9 Grant Applications (CDBG)................... 2 13 Emergency Handicap (CDBG)................... 0/0 2/2 Total Jobs Done......................... 2 2 Warranty Repairs............................ 0 2 DECEMBER YR-TO-DATE Sewer line (Loans & Grants Applications received ......................... 2 4 Total Jobs Bid ................................ 2 4 Total Jobs .................................... 2 6 Homebuyer Assistance Grant (HAG) DECEMBER YR-TO-DATE Application Received .......................... 5 18 Processed ..................................... 3 18 Total Approved ................................ 3 18 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. HOME BUILDING/RECONSTRUCTION: The City Council unanimously approved an ordinance creating an Affordable Housing Overlay District. This ordinance extends existing housing construction alternatives to include modular and manufactured homes - quality homes which low-income citizens can more readily afford. DECEMBER YR-TO-DATE Loan Applications Processed .................... 1 23 Pre-approvals Pending ......................... 2 4 Total Pre-approved Loans ...................... 2 2 ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard, voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid/Sale of Street Sweeper Mayor Swaim related that after advertising for bids and receiving none a sealed bid was accepted from the City of Marianna. Murice Green related that in purchasing the new street sweeper the company who won the bid did not offer a trade-in option, however, they still came in under another company did offer a $10,000.00 trade-in. He then related it was bided for a minimum of $10,000.00 and received a bid for $14,500.00 from the City of Marianna. Alderman Wilson moved, seconded by Alderman Williamson to accept the bid of $14,500.00 from the City of Marianna for the sale of a street sweeper. MOTION CARRIED. PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: b. Closing of Parrish Street Mayor Swaim related that there is no action proposed for the item of business and will be acted upon at the next City Council meeting. c. Items of concern from the citizens of the Henry Estates Addition. Alderman Gentry introduced Mr. Gregory Hill as the representative for the citizens of Henry Estates Addition. Mr. Hill of 100 Heritage Street read a list of improvements to the City Council requested by the citizens of the area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. City Engineer Reel related that speed breakers are commonly requested, adding that there is a great deal of liability for the City associated with speed breakers. He related that speed breakers in North Little Rock have now been removed because of the problems presented with liability opposed to any off-set in speed reduction. He stated that speeding is more of an enforcement problem and that he could not endorse speed breakers because of the liability factor. Mayor Swaim related that thus far the Council has chosen not to place speed breakers anywhere in the City except in the park areas. Discussion followed as to the size of speed breakers tried by the City of North Little Rock and Little Rock and it was concluded that even the longer speed breakers were removed in North Little Rock. Mayor Swaim related that Council may want to look at speed breaks sometime in the future. He stated that there have been significant requests for speed breakers, adding what criteria decides how many and where to place them. Alderman Elliott stated that signage and enforcement should be addressed first and that he would rather not try speed bumps at this time. Alderman Gentry echoed those sentiments, adding that those streets with speed problems could be identified and speed signs addressed. Mr. Murice Green stated that a work order has been issued for a speed limit sign in the area of Ghoshen and Ray Road. City Engineer Reel addressed the issue of South Road, saying that some of the problems are because the street has been overlaid many times. He then related that it was milled down close to the original gutter line, however, the whole street was unable to be milled because of the construction of manholes to the existing asphalt surface. He stated that the street was milled six feet on each side which created a high crown in the middle. He stated that this then created problems with drive way access, adding that the City had to violate its own rules and place small pipes with asphalt in the gutter. He related that it is estimated at $300,000.00 to completely redo the street. He related that close to $36,000.00 was spent in overlaying and milling of the street last year. He stated that the only way to change some of the characteristics of the street would be to adjust the manholes down CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. to the original height of the street. He then related that the oak trees on the west side are pushing up and out, which has a lot to do with what is happening to the surface and grade of the street. He stated that they have tried to compensate for the un-level grade. In response to a question posed by Mayor Swaim, City Engineer Reel related that if the trees were removed the gutter would have to be rebuilt and the curb re-aligned. He stated that taking the trees in the right-of-way out would not completely solve the problem. It was related in further discussion that sentiment from the neighborhood has been in opposition to removing the trees. City Engineer Reel related that in time with further tree growth the problem would worsen. It was related that communication with the neighborhood about removing the trees would take place soon. It is inevitable at some point in time the trees will have to be removed, adding that at the same time consideration needs to be given for rebuilding South Road. Discussion ensued and it was determined that options to completely rebuild South Road may be in the near future. Mayor Swaim also encouraged stronger speed control for the area. City Engineer Reel stated that regarding the finishing of Ray Road where the street was widened, could be addressed by Mr. Frank Rowland using CDBG funds to curb and gutter the entire length pass the church. He stated that CDBG monies built the sidewalk and curb on the Southside and suggested a similar funding schedule for the Northside all the way through and tapering it back into the original section. Mayor Swaim pointed out that CDBG funds are scheduled out a year ahead of time, adding that a section of Ray Road was just completed and now it is one of the streets experiencing a speeding problem. He stated that it could be added to the future list through public hearing process. Mr. Rowland stated that there are three homeowners in the area that are not on City sewer and that he has been working with Wastewater to establish sewer for these residents. He related that with using CDBG funds to make low interest loans/grants this would enable the homeowners to be connected to City sewer. He stated that if it is not a City owned line then it becomes the private homeowner’s responsibility. He related that the homeowners are as much as 100 feet from the main line, adding that CDBG can help ease the burden of cost to them with low interest loans. He related that CDBG is waiting on estimates for the cost of installation to determine cost CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. for each part and that work is expected to start on the project in the spring, adding that the homeowners are aware of those circumstances. Chief Hibbs related that the Police Department shares their concerns regarding drug traffic and drug houses in any area of the City. He related that it may take time to develop and confirm information and the accuracy involved. He related that they will make every effort to increase patrols and appreciate the involvement of citizens in that area. Mayor Swaim expressed his disappointment regarding the amount of time it can take to close a drug house given all the extenuating circumstances. He related ongoing and constant effort to work on drug houses using undercover police officers. He encouraged citizens to report unfamiliar activity in their neighborhoods. Alderman Ray concurred with Mayor Swaim. Mayor Swaim related the method of developing information with regard to reporting has provided critical data for compiling crime statistics in higher case resolution. He stating that the reporting of suspicious activity if vital regarding resolution. He asked that the citizens of Henry Estates Addition continue to work with the Police Chief to establish results. d. CALS Interlocal Agreement ORDINANCE 1116 (#2-99) AN ORDINANCE APPROVING PARTICIPATION AS A PUBLIC AGENCY CREATING A PUBLIC CORPORATE BODY TO BE KNOWN AS THE CENTRAL ARKANSAS LIBRARY SYSTEM; TO PARTICIPATE IN A NEW AGREEMENT FOR JOINT COOPERATIVE ACTION; AND, FOR OTHER PURPOSES. Mayor Swaim related efforts to reorganize and redesignate the Central Arkansas Library System giving representation on the board from all the communities involved. He related that Ordinance 1116 approves the participation of Jacksonville as part of a group of area cities including Sherwood, Little Rock, North Little Rock, and Maumelle with at least one representative from each entity appointed to the board. He related that they have offered the option of assuming the maintenance and expenses of the local library if the City would donate the real property (building and land) to them. He stated that at present the City pays for the utility bills and the maintenance, adding that the annual budget for the library is approximately $7,000.00 to $10,000.00. He then informed the Council that along with their proposal was a consideration for a millage increase. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. He recommended that the City become a part of the Central Arkansas Library System with passage of the Ordinance, however, at this time not deed the property to them. He related that the option stands for sometime in the future. Alderman Smith moved, seconded by Alderman Wilson to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Gentry to DISPENSE with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven, (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Elliott to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Wilson moved, seconded by Alderman Ray that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Wilson, Williamson, Howard and Ray voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1116 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). Motion received seven (7) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1116 THIS THE 21st DAY JANUARY 1999. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 21, 1999 7:00 P.M. - 8:14 P.M. APPOINTMENTS: Recommended appointment of Mr. Wally Nixon to the Library Board. Alderman Wilson moved, seconded by Alderman Williamson to approve the recommended appointment of Mr. Wally Nixon to the Library Board. MOTION CARRIED. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 8:14 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR City Clerk-Treasurer