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00 APR 06.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 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 6, 2000 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a 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. Alderman Lewis arrived at approximately 7:01 p.m. and Alderman Twitty arrived at approximately 7:05 p.m. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Human Resource Director Dennis Foor, Finance Director Paul Mushrush, Purchasing Agent C.J. Brown, City Engineer Duane Reel, CDBG Director Frank Rowland, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. DeDe Hibbs, Deputy of Public Works Jimmy Oakley, Parks and Recreation Administration Manager Patty Walker, Firefighter Bill Plunk and Kyle Rhone, Mr. Thad Gray, Mr. Tommy Dupree, Mr. Terry Sansing, Mr. Leroy Akridge, Mr. Harold Crook, Jacksonville 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 March 16, 2000 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 2 March 2000 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Wilson moved, seconded by Alderman Elliott to APPROVE the monthly Animal Control Report for March 2000. Report reflects the following: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. REVENUES……………………………………………$ 606.00 CONTRIBUTIONS………………………………$ .00 ADOPTIONS/FINES…………………………$ .00 TOTAL……………………………………………………$ 606.00 REGULAR MONTHLY REPORT/CDBG Alderman Wilson moved, seconded by Alderman Elliott that the Regular Monthly Report for February and March of the Community Development Department be approved. Said report reflects: PROGRAM INQUIRIES: FEBRUARY MARCH YR-TO-DATE Rehab .......................... 1 .......... 1 2 Home .......................... 1 .......... 1 4 CDBG .......................... 2 .......... 0 2 Sewer .......................... 2 .......... 0 4 HAG .......................... 0 .......... 1 1 Home Buying .................... 5 .......... 2 15 HOMEBUYER ASSISTANCE GRANT (HAG) Applications ................... 0 .......... 0 0 Approved ....................... 0 .......... 0 0 Processed & Closed ............. 0 .......... 0 0 HOUSING REHAB APPLICATIONS Loan Applications .............. 0 .......... 1 2 Grant Applications ............. 0 .......... 0 0 JOBS COMPLETED HOME Funded Rehabs ............. 0 .......... 1 1 CDBG Grant Rehabs ............. 1 .......... 1 2 CDBG Emergency Grants .......... 0 .......... 1 2 CDBG Sewer Grants ............. 1 .......... 0 2 City Sewer Loans .............. 2 .......... 2 4 CDBG Handicap .............. 0 .......... 0 0 Warranty Repairs .............. 1 .......... 0 3 Total ........................................ 14 HOME BLDG/BUYING/RECONSTRUCTION SALES Applications received .......... 2 .......... 0 7 Single Family housing starts ... 0 .......... 0 0 Homes reconstructed/completed .. 0 .......... 0 2 Mortgage loan apps pending ..... 0 .......... 0 4 Approved Mortgage loans ........ 0 .......... 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. JBIP ACTIVITY Students enrolled .............. 18 ......... 18 18 Number of sessions held ........ 9 ......... 9 18 Correspondence to new business . 6 ......... 7 13 Applications taken ............. 1 ......... 2 21 Promotional presentations ...... 11 ......... 4 22 Visits/Consultations w/ students 24 ......... 13 44 Student Grant/Loans ............ 0 ......... 0 0 Graduates ...................... 0 ......... 0 0 Graduate business starts ....... 2 ......... 0 2 PUBLIC IMPROVEMENTS Sage Street Project completed. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, and Howard voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: WATER DEPARTMENT: FIRE DEPARTMENT: Request to Accept Bid/Noise Reducing Intercom System Chief Vanderhoof related that the purchase is a budgeted item and that the primary concern is health and safety of firefighters. He related that through yearly physicals it has become apparent that the firefighters are suffering hearing loss because of noise associated with fire runs. He stated that Dr. Calhoun has suggested the use of noise reducing equipment. Chief Vanderhoof related that the noise reducing intercom system used when responding to a fire call will reduce loud interference noise while enabling firefighters to concentrate on necessary communication during that time. He related that the only bid received for equipment came in from Casco and Grace Communication submitted one for the installation. Alderman Williamson moved, seconded by Alderman Howard to Accept the bid from Casco in the amount of $15,550.00 for equipment purchase and the bid from Grace Communication in the amount of $1,975.00 for installation to be drawn from budgeted Fire Department funds. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. In response to a question posed by Alderman Wilson, Chief Vanderhoof related that other Fire Departments in Little Rock, North Little Rock and Gravel Ridge are using noise reducing systems. He stated that there is documentation regarding evident hearing loss. At this time MOTION CARRIED. STREET DEPARTMENT: Request to Accept Bid/Sanitation Truck & Loader Deputy of Public Works Mr. Jimmy Oakley stated that the item is budgeted and that Rivercity Hydraulics has provided the entire fleet. It was noted that Rivercity Hydraulics was the only bid received. Alderman Elliott moved, seconded by Alderman Smith to Accept the bid from Rivercity Hydraulics in the amount of $102,035.00 with funds to be drawn from the Sanitation Depreciation Fund. Discussion ensued that the purchase would replace an existing unit that will then be moved into backup and a fifteen-year-old backup unit will be sold. It was noted that the fleet is Ford trucks and a unit will remain in service eight years before being moved to backup. At this time MOTION CARRIED. PARKS & RECREATION DEPARTMENT: Request to Accept Bid/Treadmill Parks and Recreation Director Mr. George Biggs stated that the treadmills are a budgeted item, which will replace two treadmills that have been used since 1995. He related that the cost for a commercial treadmill is much higher than a domestic one, adding that it has a life expectancy of five years with constant daily use. Alderman Ray moved, seconded by Alderman Gentry to accept the bid from Woodway USA in the amount of $11,000.00 for two commercial treadmills with funds to be drawn from the Parks and Recreation budget. MOTION CARRIED. PLANNING COMMISSION: a. ORDINANCE 1134 (#6-200) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1200 LEMAC DRIVE, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. Mayor Swaim reviewed that the item was previously returned to the Planning Commission for further consideration and is now being referred back with specific recommendation. Alderman Wilson moved, seconded by Alderman Williamson that Ordinance 1134 be placed 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 Lewis to DISPENSE with the reading of Ordinance 1134 in its entirety except paragraph two not including a lengthy legal property description. 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 Gentry that Ordinance 1134 be ACCEPTED on FIRST READING. Mayor Swaim asked for discussion from the audience and clarified that the motion is to reclassify the property from R-3 to R-4 with the stipulation that the owner plat the property with lots to be sold. He further related that it will require plat approval from the Planning Commission. Mr. Rick Hollingshead of 1224 Stanphill Road questioned if the use of the property once rezoned to R-4, would be manufactured homes. He presented a petition representing 90% of the residents on Stanphill Road who are opposed to a mobile home park or manufactured homes and related that 90% of the residents in the Growing Pines Subdivision are opposed to manufactured homes. The petition is on file as a matter of record in the office of the City Clerk. Mr. Harold Crook, owner of the property located at 1200 Lemac Drive, stated that many people cannot afford the 80 to 90 thousand dollar price-ranged homes in the Growing Pines Subdivision. He then pointed out that there is property zoned R-3 between his property and the Subdivision. He then presented a petition of the residents living in the immediate area who are in favor of the rezoning. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. Mr. Thad Gray, a developer of the Growing Pines Subdivision, stated that the development has thirty-five developed lots with underground utilities representing one-third of the lots developed in the past three to four years. He stated that this is a parcel of about 20 plus acres to be developed with some property toward Stanphill Road to be developed with a lesser size home and price range. He related that the developers of Growing Pines Subdivision have spent over a quarter million dollars in development. He then related that Lemac Drive was constructed with Community Development Funds and that their development is local interest still being paid to local banks as an investment property. He said that he believes that the majority of owners are opposed to a mobile home park or manufactured development. He stated that he feels it would be detrimental to the area because of the amount of City money and private money that has been invested in the area to upgrade and provide housing. He pointed out that he is not assured that the property in question has been subdivided and lots offered for residential construction, only that it has been offered as a one piece property. He said that as an owner and on behalf of the new owners in the Growing Pines Subdivision, they are unanimously against the rezoning, adding that it would hurt private investment in the area. Mr. Leroy Akridge, owner of property located directly across from 1200 Lemac Drive, stated that he has no objections to the rezoning of the property. He then stated that the area has been improved since the time he acquired it and granted street rights-of-way from Southeastern to Stanphill Road. In response to a query from Alderman Smith, it was noted that the Planning Commission with one abstention approved the rezoning. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Wilson, Williamson, Twitty and Howard voted AYE. Alderman Ray voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Williamson to suspend the rules and place Ordinance 1134 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Wilson, Williamson, Twitty and Howard voted AYE. Alderman Ray voted NAY. Motion received eight (8) affirmative votes, (1) negative vote. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. Alderman Wilson moved, seconded by Alderman Williamson to further suspend the rules and place Ordinance 1134 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. Alderman Wilson moved, seconded by Alderman Williamson to APPROVE AND ADOPT Ordinance 1134. It was noted that any requirement for a barrier or privacy fence will be for consideration by the Planning Commission during subdivision plat submittal. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, and Williamson voted AYE. Aldermen Twitty and Howard voted NAY (2). Motion received seven (7) affirmative votes, (2) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1134 THIS THE 6th DAY OF APRIL 2000. FINAL PLAT Northlake Subdivision Phase VIII Alderman Elliott moved, seconded by Alderman Smith to approve the Final Plat of Northlake Subdivision Phase VIII. MOTION CARRIED. GENERAL: DISCUSSION of Personnel Policy Manual Mayor Swaim related that there is a request to consider a committee and asked if anyone would like to serve, adding that there will be discussion for the next regularly scheduled City Council meeting. DEVIATION IN AGENDA: Report submitted by the FOP Mayor Swaim related that he appreciates the report submitted by the FOP, adding that it is accurate and validates that the Finance Department does a good job. He pointed out that the numbers were taken from the Budget, CAFR report, and Audit reports. He said that there are concerns just in the way of explanation, which the Council may want to address. He related that the basic assumption made is that there is 13 million dollars of uncommitted funds that could be used by the City. He further related that the statement is not factual but was made under the assumption that the City Council has authority to spend Water, Wastewater, Street and Sanitation Department funds at their discretion. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. He then related that $10,652,805.00 is in the Water and Wastewater Department and that a majority of those funds are for the 12 million dollar repairs and expansion of the Wastewater Treatment Plant. He stated that all the money is inaccessible for general purposes, adding that specific funds paid to the Wastewater Department by Little Rock Air Force Base (approximately 2 million dollars) is specifically designated for that project and can not be used for other purposes. He said that leaves a marked difference in the statement that there is 13 million dollars available for other purposes, adding that the Wastewater and Water Commission operate independently and would frown strongly on attachment of their funds for regular City operations use. He reiterated that he does not disagree with the report figures but with the assumptions made. He stated that the numbers are factual and the author believes his statements are factual as far as he understands. He then explained that Water, Wastewater, and Sanitation are enterprise funds and that the Street Department funds are generated from a gasoline tax and therefore cannot be taken from that fund and spent in the General Fund because of State law. He pointed out the statement made that “it is silly for the City to dedicate funds and that for a city to do so is a silly non-binding, self-imposed designation having no legal restrictions”. Mayor Swaim then stated that if the City had not used fund designation as approved by Ordinance for the drainage fund, equipment fund and capital improvement fund, it would have been impossible to build the 1.3 million dollar 9-1-1 system building, or purchase a $500,000.00 fire truck. He explained that designation of accumulating funds keeps the City from floating bond issues that create financial burdens on the citizens and forcing raised taxes to pay those bonds. He related that the City has chosen instead to slowly accumulate funds for City improvement. He pointed out recent difficulty experienced by the City of Little Rock regarding funds needed for infrastructure improvement, adding that while Jacksonville is smaller we have tried to keep up with our infrastructure needs along as best we can. He said that he agrees with report statements such as the fact that Jacksonville is not paying debt early, which was said to be one way for a city to hide money. He said that the statement that in fact the City is virtually debt free is a statement that he is very pleased to agree with because when you have debt you have interest. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. He pointed out that it was also stated the only debt is in the Water Department in the amount of $1,385,000.00, which could be paid off out of petty cash. He pointed out that it does not mention that there is a 2% penalty for paying that debt early plus the fact that the loan interest rate is much lower than interest accumulated in the bank. He stated that he does agree with the statement that the City has a low debt load and that he is very pleased the City Council has been forward thinking enough to keep Jacksonville from going into debt. He pointed out that the National Government debt is in the trillions of dollars and that we as tax payers are paying the interest instead of principal, adding that he is very proud to say that Jacksonville is not in debt and not paying interest. He then related that the report makes the statement that any other mayor or city administrator would love to have this situation. He said that he hopes that they would, adding that he feels this is a fair statement. He explained that the City is volatile in some areas because the majority of revenue comes from sales tax which depends on the economy but is a fair tax across the board because it allows people who use City facilities or shop in Jacksonville to pay a part of the infrastructure cost. He stated that the City in turn took away the burden of a 5-mill property tax for owners/residents in the City. He then stated that the City does have reserve funds and has never denied that, adding that it is not wise to spend funds that cannot be assured replaceable in the near future and that statements from the report even say that you should not spend money for reoccurring cost such as salaries if you can not figure replacement funds. Mr. Mushrush said that the first thing he would like to point out is the reference to the cash reserves and the author’s comment that it is not illegal to move funds from the enterprise funds namely the Water and Sewer to the General Fund. He said that the required classification of discreetly presented component units in financial statements primary function is not to mis-state the position of the City as a whole, because they are integral parts of City operation. He pointed out that note in the financials and added that they are discreetly presented because it says that there are two cases when this occurs. He said that the City has the power to impose its will on each entity where it has a financial benefit or burden relationship, adding that commissions are appointed by the Mayor CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. and City Council who approve the rates. He stated that on that relationship basis he included the note on Water and Wastewater. He related that he has a real difficult time with the one specific part that deals with the cash reserves because taking current assets less current liabilities to come up with cash reserves is generally a quick point of view, but does not take into account all the depreciation funds of Sanitation, Water and Wastewater regarding the replacement of equipment that they have already purchased. He stated that the City is allowed to accumulate investments in order to offset that cost. He related that the indication made by the Mayor regarding that there are specific legal reserves for the Little Rock Air Force Base monies that is at Wastewater and that is a legal restriction. He reminded Council of the reports from Water and Wastewater at the beginning of the year in the State of the City Report discussing expansion projects and mandates. He said that those projects are most of it and that those two primary things need to be looked at in light of what the author has indicated. He then stated that as far as the excess revenue chart developed by the author regarding 1.8 million dollars income, that from the income statements he has went through and identified - for example in 1998 there was $401,224.00 that the City had control over and Sanitation had a $39,000.00 gain for the first time in a long time and approximately $300,000.00 in the General Fund. He stated that the assumption is based on one minor error on page 10, the average change since 1995 in total general fund revenues, saying that if you look at 1998 there is an increase of 20.43% and the author admits that this is potentially an anomaly but sees steady growth. He then related that if you were to take that average that he indicated and replace that anomaly with the 5.79%, it shows an annual average of 2.84%, which is still growth but minimal. He stated that if you note the reason for the 1998 increase is a good example but I thought the ideal example would be in the 2000 budget where in our financial statements and our budget document there was an opening balance in the general fund of $970,000.00, and that accounts for all of the monies budgeted in prior years that we are re-budgeting. He said that the $970,000.00 and operating transfers from other funds of $6,764,000,00 is what happened over time, adding that what does not appear in that sequence is that we are now using those funds in reserve. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. Mayor Swaim pointed out that when the City applied for a grant for the overpass it was granted 3.1 million dollars in federal funds under the match condition of $850,000.00. He stated that those funds were designated apart of this money. He then related that the report does not reflect the purchase of the old chamber building and remodeling cost totaling approximately $300,000.00 for a new courtroom. He pointed out that there are a number of things that are not taken into consideration, adding that he is not being critical of the reports basic facts, but the author did not contact anyone for information which would have been gladly supplied. He concluded that there are certain things that just needed to be clarified before it came out in the press. Alderman Wilson related that he wanted to be sure that everyone understood that only because we had the reserves and designated those reserves are we able to get that additional 3 million plus dollars for the overpass project. Alderman Smith said that cash means discounts and that because of that many thousands of dollars was saved regarding the 9-1-1 building, the fire truck. He recalled that Mr. Gene Kelley borrowed from one fund to pay another fund just to make the payroll. He related that some cities are based on zero budgeting where you spend everything you take in, adding that he is very proud of our reserve. Alderman Elliott said that anytime you try spending non-reoccurring money for reoccurring expenses its going to catch up with you and infrastructure will suffer. Alderman Ray stated that the school district was always based on a zero balance budget because they did not have money to spend on infrastructure, and he pointed out that recently North Pulaski had to borrow to fix the roof. He related that when he was on the school board they did not have the money to work infrastructure. He expressed the importance of keeping up with the needs of infrastructure because of deterioration. He stated that the Mayor and City Council are doing a good job to stay abreast of infrastructure needs. He then went on to say that he believes the City of Jacksonville has some of the best benefits for a city of its size, even if Jacksonville is not in the top ten regarding salaries. He stated that there is always going to be some mistakes down the line but we learn from our mistakes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 6, 2000 7:00 P.M. – 8:00 P.M. Mayor Swaim stated that the discussion is not meant to degrade or say anything derogatory about the author. He stated that the City is not denying the reserves and has never denied that, adding that the money works for the taxpayer. UPDATE ON PAVING PROJECTS: In response to a question posed by Alderman Wilson, Mayor Swaim related that the City Engineer and Pubic Works have been working on the list and are currently reviewing that list for submittal. Alderman Wilson strongly recommended repaving the patch on Redmond Road by Dupree Park. Mayor Swaim related that it was a temporarily fix at best and that it was not on the overlay project last year, adding that it was not a good patch but added that the bridge will eventually require replacement which will be a major expense because of its condition. Director of Administration Murice Green reminded everyone of the City Wide Cleanup Saturday morning 8:00 a.m. APPOINTMENTS: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:00 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer