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00 JAN 20.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 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 January 20, 2000 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, and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:15 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, City Engineer Duane Reel, CDBG Director Frank Rowland, Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs, Police Chief Hibbs, Fire Chief Vanderhoof, Wastewater Chairman Joan Zumwalt, Wastewater Manager Thea Hughes, Water Chairman Thad Gray, Water Manager Mr. Ken Anderson, Mr. Terry Sansing, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mrs. Addie Gibson, Justice of the Peace Mr. Dennis Sobba, Mr. Bob Stroud, Mr. Tommy Dupree, Leader Reporter Rob Cox, Democrat-Gazette Reporter Larry Ault and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of January 6, 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 Elliott that the minutes of the Regular City Council Meeting of 16 December 1999 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Gentry to APPROVE the Report for December of the Jacksonville Fire Department which reflects a fire loss of $5,050.00 and a Savings Total of $118,500.00. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Gentry that the Regular Monthly Report for December of the Jacksonville Police Department be APPROVED. Said report reflects; Report Sales $355.00 making TOTAL COLLECTIONS: Not Listed. ASSESSED: Not Listed. 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: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. ANNUAL WATER DEPARTMENT REPORT BY MR. KEN ANDERSON Mr. Ken Anderson presented highlights of the improvements made by the Water Department in 1999. (a copy is on file in the office of City Clerk) He related that Water Works has completed the year under budget without having to raise water rates. He pointed out that the record high was 9.1 million gallons in one day and total production for the year was 2 billion gallons a 1.5% decrease with daily average flow of 5.5 million gallons. He then stated that the water loss was 7.9% of total production compared to 7.5% in 1998. He stated that one of the major projects completed was the installation of 8,275 linear feet of 10 and 6 inch water mains starting at Trickey Lane to Cloverdale Road and ending at Homer Adkins School. He related that total installed pipe for the year was 22,292 linear feet. He related that currently work is being conducted on a rate study to determine the revenues needed to maintain the water system, capital improvements and off-set the North Little Rock rate increase. He said that 1.1 billion gallons of water was purchased from North Little Rock last year making for an average of 55% of total production. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. He related that North Little Rock Water Commission has approved an ordinance that would gradually equalize rates over a three-year period between inside and outside city customers, including bulk-rate users. This ordinance will serve to increase the spirit of cooperation in developing a future water source for all central Arkansas water systems or those north of the river. In response to a query from Alderman Smith, Mr. Anderson related that Jacksonville is involved with North Little Rock in trying to locate a new water source. The Council complimented the report and thanked Mr. Anderson and Thad Gray regarding their work in the Little Rock rate increase issue. b. ANNUAL WASTEWATER DEPARTMENT REPORT BY THEA HUGES Wastewater Chairman Ms. Joan Zumwalt introduced Ms. Thea Hughes as the new Wastewater Utility Manager. She explained that she has been with the Department for ten years and has already proven to be a real asset to the Department. She related that Ms. Hughes will be giving the highlights of the report and asked that technical question be directed for Ms. Hughes or Mr. Larry Gattis the consulting engineer for Wastewater planned expansion and rehabilitation. Ms. Hughes stated that she is honored to be chosen as General Manager. She then said that the focus for 1999 has been the rehabilitation of sewer lines and expansion of the treatment plant. She explained that they are under an EPA administrative order, which includes significant repairs to the collection system in order to eliminate inflow, overflow and infiltration. She related that following they would conduct post rehab flow monitoring and then construct relief sewers if necessary. She related efforts are to complete the expansion of the Johnson Plant and close the West Plant. She stated that the Treatment Plant expansion has been in progress for a year and is scheduled to be completed in November 2000, adding that once completed the West Plant will close. She said that the water from the West Plan has been diverted to the Johnson Plant since May of 1998 except in cases of extremely heavy rainfall. She stated that in 1999 very little flow was discharged from the West Plan with five consecutive months of zero flow. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. She related that flow was 56.9% for the entire year which was a reduction from last year. She stated that the rehabilitation of the collection system is 69% complete with a January 1, 2002 deadline. She stated that once complete flow monitoring will follow. She stated that after flow monitoring and construction of relief sewers will continue up til 2004. She related that flow monitoring has started in the first two completed basins and flow data will be available July 1st to make a determination regarding those basins. She related that contractors are currently performing work with some of the lines in those two sub-systems and bids will open tomorrow for the remaining systems and sub-systems. She stated that in 1999, they accepted 5,419 feet of new sewer main in the Park View Subdivision and Goshen Street. She then related that the laboratory inspected all the City industrial user grease traps maintenance of non-permitted and permitted industries. She reported that all permitted industrial users had complied with their discharge permits resulting in no violations. She then related that the treatment plant has just seen its fourth consecutive year with no violations and no violations regarding solid waste inspections. She then related that on the employee side there were twelve employees to receive or upgraded their wastewater operator license; two received solid waste license and two commercial drivers license. She complimented the employees for the amount of training adding that there jobs involve many technical aspects. She offered the written report which contains more detailed information with charts and grafts to show permit compliance. Mayor Swaim pointed out that in the plans for rehabilitation of the plant comes because of cells being used up for the sludge, adding that there is a proposal to start a composting process. Ms. Hughes related that the Wastewater Department has plans to compost rather than the monofil, adding that the planned expansion will allow for a compost pad and required equipment. She related that the yard waste collected by the City will be mixed with the sludge to make a class A composite that can be used on lawns and gardens. She stated that it is hoped to make that product available to the public. In response to a question posed by Alderman Ray, she related that currently there is one operator with a class four license and two more are ready to test. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. The Council congratulated Ms. Hughes on her appointment and commended work from the Department. DEVIATION IN AGENDA: d. ORDINANCE 1130 (#2-2000) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SS 12.24, 17.24, 18.26; CREATING JACKSONVILLE MUNICIPAL CODE S 12.06; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim noted that the Ordinance is on second reading, adding that Mr. Green will provide additional information. Mr. Green presented information regarding sidewalks specifically on culdesac streets. He stated that Sherwood Class VI for multi-family requires both sides five-feet wide with a five-foot buffer and that other local street including culdesac streets is one-side five-feet wide with a five-foot buffer to be constructed by the developer. He said that Sherwood had one test program allowing builders to construct the sidewalk but were not happy with the results. He related that variances are approved by the City Engineer and Mayor for reason that they cannot conform. He then related that remaining streets requires sidewalks on both sides five-feet wide with a buffer zone from two to six feet passed in 1999. He said that the City of Little Rock requires sidewalks on one side four-foot wide with a five-foot buffer on their Class VI residential streets to be constructed by the developer and did not recommend builders. He added that on what they term a minor residential street (a loop street of less than 1500 feet and less than 35 lots) they do not require a sidewalk. He stated that variances are approved by the director of public works and the Planning Commission, adding that all other streets in the City of Little Rock requires both sides five-foot wide with a five-foot buffer. He related that North Little Rock requires all streets both sides including culdesac streets five feet wide. He related that Maumelle Class VI multi-family residential requires both sides four-feet wide adjacent to the property line and single-family detached requires one side four feet wide. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. said that they have path systems termed “internalized pedestrian circulation systems” in the form of paved pathways which may be substituted for sidewalks along streets upon request and approval by the Planning Commission. He noted that the City Planners of Maumelle encourage five feet sidewalks to the Planning Commission and developers. He said that Cabot residential multi-family requires both sides four-feet wide and residential single-family is one side, adding that Cabot does not require sidewalks on culdesac streets or short loop streets. He stated that the developer and the builder collaborate to construct the sidewalk. He noted that the ordinance requires a four-foot sidewalk on all other streets, however, they recently received a grant that makes the requirement of five-foot sidewalks. He related that Conway does not have a Master Sidewalk Plan now but is working on one and it will be presented at the next Conway City Council meeting. He stated that recommendation from the Council going forward was for sidewalks on all areas but at the present time the Council is not going to require sidewalks in residential areas, however, City planners are recommending sidewalks. He then related that in 1963, Jacksonville required sidewalks os 48 inches wide in areas required to have sidewalks; then in 1964, a subdivision ordinance called “a blue line requirement”, defined whether they are required. In 1969, Jacksonville had a zoning ordinance, which did not address sidewalks and zoning said no sidewalks required on local streets. He stated that in 1977 it was changed to streets serving 30 or more lots required a sidewalk on one side, less than 29 did not require a sidewalk. He stated that in 1980, a Master Street Plan came out which required residential sidewalks on one side and then in 1986 it was deleted again. Alderman Elliott stated that it is a good ordinance other than sidewalks on culdesac streets with less than 20 houses. Alderman Wilson stated concerns regarding enforcement if other cities do not enforce it creates a competitive development disadvantage if it drives up development cost in relationship to areas around us. He then stated that he is in favor of sidewalks on culdesac streets. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. Alderman Howard pointed out examples where he feels short culdesac streets with sidewalks work well. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1130 be placed on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, 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 Wilson moved, seconded by Alderman Gentry to ACCEPT Ordinance 1130 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to further suspend the rules and place Ordinance 1130 on THIRD AND FINAL READING. Mr. Tommy Dupree a Jacksonville developer stated that he wanted to point out that sidewalks increase lot cost by as much as $500.00 and voiced concerns regarding development trends in 1990 and 1991. He related a drop in census which is evident when you are not replacing units in your community. He stated that Jacksonville developers have not been competitive and are still not competitive with neighboring cities. He suggested that the Ordinance be tabled or not passed. He said that if Jacksonville were building 380 new single family homes it might be more competitive, adding that it is not in a competitive position at this time with single family development. Alderman Fletcher moved to amend Ordinance 1130 and City Attorney Bamburg pointed out that the motion on the floor for vote is to place Ordinance 1130 on third and final reading. At this time ROLL CALL on third and final reading. Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Gentry to amend Ordinance 1130 to exclude any culdesac street less than 20 houses. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. Discussion ensued as to the placement of sidewalks in areas while other areas were developed without sidewalks and Mr. Dupree responded that it is because of the different changes in requirement and regulations. Mayor Swaim related that the City is spending over $125,000.00 a year to fill in gaps where sidewalks were not required or constructed. Alderman Ray commented that sidewalk construction is in demand by the citizens and pointed out that the Sunnyside Addition has sidewalks. City Attorney Bamburg pointed out that the amendment would be addressed in Section F JMC 12.06.060. ROLL CALL on motion to amend: Aldermen Elliott, Smith, Lewis, Gentry, Fletcher, and Williamson voted AYE. Aldermen Ray, Wilson, and Howard voted NAY. Motion received six (6) affirmative votes, three (3) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Gentry to APPROVE AND ADOPT Ordinance 1130 as amended. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1130 THIS THE 20TH DAY OF JANUARY 2000. e. RESOLUTION 526 (#2-2000) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, TO EXECUTE CERTAIN AGREEMENTS REGARDING THE REFINANCING OF CONESTOGA WOOD SPECIALTIES PRIMARY MORTGAGE; AND, FOR OTHER PURPOSES. Mayor Swaim related that Resolution 526 concerns an Act 9 Industrial Bond issue with Conestoga Wood Specialties recommended in review by City Attorney Bamburg. City Attorney Bamburg related that Conestoga is restructuring and refinancing on debt obligation regarding the local facility and are CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. required by Act 9 to have City Council approval because the City has a lease hold interest in the property. He stated that the financing company is asking that we subrogate ourselves to them. Alderman Smith moved, seconded by Alderman Gentry that Resolution 526 be read. MOTION CARRIED. Whereupon City Attorney Bamburg read the Resolution. Alderman Ray moved, seconded by Alderman Smith to DISPENSE with the reading of the Resolution 526 in its entirety. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Ray that Resolution 526 be APPROVED. MOTION CARRIED. f. ORDINANCE 1131 (#3-2000) AN ORDINANCE AMENDING ORDINANCE NOS. 892, 865, 845, 805, 759, AND 727; AMENDING FRANCHISE FEES PAID BY GENERAL TELEPHONE TO THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim related a reduction of 3.25% in telephone cost, adding that it could be a significant reduction. He related that Alltel was assessed 4.25% as the maximum allowed by law presently while GTE was grandfathered in at a higher assessed maximum rate. He related that for competitive purposes GTE is be re-assessed at the same rate as Alltel. He related that the City will lose $171,000 in franchise revenue, but added that he is comfortable that a revenue loss issue can be resolved. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1131 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, 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 Gentry to dispense with the reading of Ordinance 1131 in its entirety. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. Alderman Gentry moved, seconded by Alderman Ray to ACCEPTED Ordinance 1131 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Gentry to suspend the rules and place Ordinance 1131 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Gentry moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1131 on THIRD AND FINAL READING. ROLL CALL on motion to amend: Aldermen Elliott, Smith, Lewis, Gentry, Fletcher, and Williamson voted AYE. Aldermen Ray, Wilson, and Howard voted NAY (0). Motion received six (6) affirmative votes, three (3) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Gentry to APPROVE AND ADOPT Ordinance 1131. ROLL CALL: Aldermen Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith, that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, Lewis, Gentry, Ray, Wilson, Fletcher, Williamson, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1131 THIS THE 20TH DAY OF JANUARY 2000. RESUME AGENDA: c. STATE OF THE CITY PRESENTED BY MAYOR SWAIM Mayor Swaim highlighted progress through leadership efforts grouped with citizen participation. He expressed enthusiasm from our young citizens at Murrell Taylor Elementary regarding future visions for the City of Jacksonville including suggestions of a museum and college. He related the tremendous time and effort spent during the past 13 years regarding Vertac, infrastructure, buildings, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. equipment, and upgrading, modernization of street and drainage while dedicating time to proactive visionary planning. He expressed appreciation to Little Rock Air Force Base for their confidence in Jacksonville and related a high level of assurance that the Base will maintain a viable mission in Jacksonville. He thanked employees for their dedication to job and community and related that the first stage of salary study recommendations has been implemented. He related the generosity of Waste Management, Inc. and (POPS) People Organized for Public Schools regarding the scholarship program stating that to date 37 $1,000.00 scholarships have been awarded. He pointed out an increase of $20 million for building permits issued and spoke of the possibility of annexation for the City. He touched other major issues such as reasonable water rates for the citizens of Jacksonville and spoke of the commitment to work diligently to provide regional awareness of other issues. He stated that City financial soundness would allow the continued services offered without reduction or interruption. He related opportunity through a generous donation of a local bank to relocate the chamber facility and provide improved facilities for the Municipal Courts. He stated that the City’s greatest asset remains its people, hardworking employees, dedicated elected officials, and committed citizens adding that he is honored to be allowed to serve as mayor. He recited the following poem: THE WRECKERS I watched them tearing a building down, A gang of men in the middle of town. With a ho-heave-ho and a lusty yell, They swung a ball and a building fell. I asked the foreman, “Are these men skilled, As those you’d hire if you had to build?” He gave a laugh and said, “No indeed – Just common labor is all I need!” “I can easily wreck in a day or two What builders have taken a year to do.” And I asked myself as I went my way, Which of these roles have I tried to play? Am I a builder who works with care, Living my life by the rule and square? Am I shaping my deeds by a well-made plan, Always doing the best I can? Or am I a wrecker who walks the town, Content with the labor of tearing down? (Anonymous) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 20, 2000 7:00 P.M. - 8:10 P.M. He concluded in saying that the honored position of leadership carries responsibilities to do the best we can - organizing, and planning for opportunities afforded us and hopefully looking back as builders of a strong spirit and better community for all to enjoy. APPOINTMENTS: ANNOUNCEMENTS: Mr. Dennis Sobba related that March 16th census forms will be mailed, he encouraged forms be completed and returned. He related ongoing efforts by the Census Bureau to get a completed count. He then related efforts in opening a branch tax collector office in with the Revenue Department in Jacksonville. Mayor Swaim thanked Mr. Sobba as an active member of the quorum court. He then related that Dennis Foor and Annabelle Davis are currently working on the Census 2000 for the City. He related the importance of being counted in the Census. He estimated that with a full count Jacksonville could be higher than 30,800. He related that statistically only 65% nationwide completed and returned Census forms. Alderman Smith complimented the State of the City Report, adding that he believes the City continues to excel in spite of the increased cost of services. He attributed the Mayor, employees and a good City budget for those achievements and Alderman Elliott concurred. ADJOURNMENT Mayor Swaim without objection adjourned the meeting at approximately 8:06 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer