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11 FEB 17.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 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 February 17, 2011 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Vice Mayor Smith led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard answered roll call. Vice Mayor Smith also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Mayor Fletcher was absent on City business. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Finance Director Paul Mushrush, Parks and Recreation Director Kristen Griggs, Assistant Finance Director Cheryl Erkel, Public Works Director Jim Oakley, City Engineer Jay Whisker, Human Resource Director Jill Ross, CDBG Director Theresa Watson, IT Director Barbara Daniel, 911 Director Tabby Hughes, Parks & Recreation Marketing & Public Relations Manager Marlo Jackson, former Mayor Tommy Swaim, Tommy Bond, Jim Peacock, Mike Wilson, Addie Gibson, Helen Stroud, Rizelle Aaron, Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Smith presented the minutes of the regular City Council meeting of February 3, 2011 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 6 January 2011 be APPROVED. MOTION CARRIED. GENERAL: a. 7:00 PUBLIC HEARING Acquisition of approximately 400 acres regarding economic development Vice Mayor Smith opened the public hearing at approximately 7:00 p.m. Mr. Mike Wilson explained that over a year ago the State Fair Board requested proposals for a new site to relocate the State Fairgrounds. He stated that Jacksonville submitted a proposal to the Board regarding 400 acres off Wooten Road in September 2009, adding that unlike other entities; Jacksonville proposed to make the acreage available without costs to the State Fair Board if they would relocate the State Fairgrounds to Jacksonville. He noted that part of the area is within the City limits at the intersection of Wooten Road, Hwy. 161, and the east belt freeway. He stated that he believes the property would cost roughly $3,000.00 an acre on average, amounting to approximately 1.2 million dollars to make it available to the State Fair. He related that 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. the City has approximately $380,000 through the Commerce Corporation, which was acquired as a result of buying and selling property in the Industrial Park. He added that they have in hand commitments of $500,000; totaling approximately $880,000 available to acquire the property. He went on to say that they are in the process of securing other pledges and firm commitments to fund the acquisition of the property to the extent that the City does not have the funds available now. He explained that the committee created one year ago by the City Council is composed of himself, Mayor Fletcher, former Mayor Swaim, Tommy Bond, Jim Peacock, and Donnie Farmer; adding that the committee has met many times with City Attorney Bamburg to review the properties involved and the possible terms and methods to acquire the property. He stated that approximately one year ago all property owners were contacted by letter, noting that they did not receive any favorable responses. He added that it was unanimously recommended by the Development Committee to acquire the property by condemnation or eminent domain, explaining that if necessary the City still has the ability to negotiate with any of the property owners. He stated that by beginning the legal process, it firmly makes the property available to the City and later to the livestock show grounds. He then explained that simultaneously the State Fair Board contracted with a marketing/consulting group to perform a feasibility study, adding that it was supposed to have been completed in December; although, they are being told that it is still not finished. He stated that it is not known when the study will be completed or even if the study will recommend a particular site. He related that the Fair Board has stated that Jacksonville is one of the top four sites, explaining that all the sites are located around the east belt freeway corridor from I-40 up to the Hwy. 161 intersection. He stated that even though it is not firm that Jacksonville is the chosen site, the committee is still recommending the acquisition of the property because there is no other intersection along an interstate like this area that is undeveloped in Pulaski County. He related that if the Fair Board, or any other attraction or development, wishes to locate somewhere it must have access and this site has access and is undeveloped. He added that the Water Commission and the Sewer Commission have each made commitments to the City and Fair Board to extend water and sewer service to this area, which is a significant commitment. He then noted that Entergy has owned 6 forty-acre tracts for at least the past 30 years, explaining that in discussions with Entergy they have related that the property is not for sale but it should be understood that Entergy is not in an adversarial position to Jacksonville. He clarified that Entergy favors and supports economic development in Jacksonville and has for many years but feels that they cannot “pick and choose” between competing entities. He stated that it was felt by the Committee that all property owners should be treated alike in the acquisition of the property. He went on to say that he feels it is unlikely that the State Fair Board would not want to be in Jacksonville because there is no other location along Interstate 440 that 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. has the access that this property enjoys. He noted that to locate east of I-440 would require construction of an interchange, which is not allowed by the Highway Department and it would be cost prohibitive to build the bridges, highway, access, and public utilities that it would require to serve any other location. He stated that he believes for these reasons that Jacksonville has the best location that out competes any other location. He stated that even if the City Council adopts the proposed Resolution, the process will take time and the exact amount to acquire the land will not be known until the Court makes its decision. He stated that construction of a new State Fairgrounds would take years, so it is not critically important that the City own the property right away, but it is important that the process begin so that any competitor does not have an option to the property. He noted an article in the newspaper recently which addressed the Fair Board taking an option on a piece of property on the west side of the freeway, adding that he is not concerned that the Fair Board will seriously consider the property because it has no access or utilities. In response to a question from Alderman Howard, Mr. Wilson stated that the Fair Board is waiting to make a decision pending the completion of the feasibility study. He reiterated that he is not certain the feasibility study will make a site recommendation. He stated that it is not practical to relocate the Fairgrounds unless it is at an already existing interchange. Vice Mayor Smith noted that adoption of the Resolution reserves the property for economic development, which may or may not necessarily mean the State Fair should they choose not to relocate to Jacksonville. Mr. Wilson stated that he is aware of other inquiries regarding interest in the property at the intersection. He stated that the Committee believes that it is a good investment for future economic development, noting that the City could sell or lease any portion of the property to other entities. Director of Administration Jim Durham elaborated that there is a multi- billion dollar entity that has shown interest in a portion of the property regarding a development that would in turn cause rapid development in the balance of the property. He related that this developer is being put on hold deferring to the present prospect of the State Fair. He then stated that there is a 1.5 million dollar grant waiting from the Arkansas Economic and Development Commission along with a two-part $700,000 grant submitted by SE Clark & Associates on behalf of the City for Sunnyside Subdivision. He clarified that the 1.5 million dollar grant is specifically allocated to help with acquisition, infrastructure, and economic development of the 400 acres. He related that if the State Fair were to choose another location, they would return with other proposals regarding development of this property. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. Mr. Rizelle Aaron questioned if the Committee had determined whether added police security, ambulance, or medical staff for the State Fair would affect the City’s budget and whether or not it would mean added taxes for the citizens. He stated that he is also concerned about this “secret squirrel” economic development the he keeps hearing about. He stated that he feels the Board should be aware of the companies that they are saying may come. He continued saying that we need the Fair, it would be wonderful; but we need to understand whether it would cause tax increases. He added that we need reassurances from not just Durham or Fletcher, but that they should communicate to the Board who these people are so if the City Council basis its decision tonight on the information being given, that it is not based on just faith or broad information. He stated that one example is with eminent domain, we have been concerned about just taking people’s property, adding “we have this property on Redmond Road by Dupree Park” that an emergency was declared, eminent domain and the property was taken, the apartments were torn down. He added that it is still just a concrete foundation, adding that sometimes there are tractor trailers parked there. He stated that if that is the purpose of eminent domain then we need to reconsider whether or not it is important enough based on vague ideas, whether or not this is important enough to vote to take these people’s property. “We need it, no doubt; but we have to make an informed decision”. “So if I could just get a couple of answers I would appreciate it”. Vice Mayor Smith asked Mr. Wilson and Director of Administration Jim Durham if they had considered any tax implications. Director of Administration Durham stated that police protection in the event of the State Fair would be a multi-jurisdictional force. He then stated that regarding the property by Dupree Park, a grand entrance into the Park is planned possibly with a water feature, which would be funded with Parks and Recreation funds as part of the Master Plan. He related that the City allowed the Union Pacific Railroad to use the area for a specific period of time, adding that he believes the trucks are now gone. He stated that the two concrete slabs were left with the intention of building a pavilion on at least one of the slabs and some other feature on the other one. He added that it is in the Master Plan. He stated that he would love for the project to have already begun but government runs slower than private business, explaining that you have to have the development of plans and budget the money. Vice Mayor Smith stated that eminent domain is commonly done everyday across the United States. He pointed out as Mr. Wilson had said, Entergy is not hostile toward the City, they do not want to sell, but are willing to negotiate with the City under eminent domain regarding fair market value. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. Mr. William Moses stated that he is a property owner across from where the eminent domain is taking place, adding that his concern for the future is that his property could be taken by eminent domain. He explained that he purchased the property fifteen years ago because it was outside the City limits. He stated that if the City is getting the property for $3,000.00 an acre, he would like to buy the property for the same. He stated that his biggest worry would be that his property will be next. With no one else to speak in opposition, Vice Mayor Smith closed the public hearing at approximately 7:27 p.m. Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Resolution 655 (#01-2011) on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 655 (#01-2011). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 655 (01-2011). Alderman Ray moved, seconded by Alderman Stroud to adopt Resolution 655 (#01-2011) in its entirety. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for January 2011 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for January 2011 from the Jacksonville Fire Department, which reflects a fire loss of $12,200.00 and a savings total of $84,800.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Animal Control Report for January 2011. Said report reflects: ADOPTION/FINES: $2,185.00 CONTRIBUTIONS: $ 140.00 TOTAL: $2,325.00 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for January 2011. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 12 Building Inspections 51 Business Licenses 13 Electrical 28 Plumbing 25 HVACR 20 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 0 Notice of Noncompliance 6 Property Mowed 0 Towed 1 Trash Letters 3 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 0 Property Maint. Letters 31 Structural repairs made 0 Cost $ .00 Demolitions 0 CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 0 ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept electrical construction bid of City Street Department offices Public Works Director Jim Oakley recalled that the City Council had approved the sheet metal and red iron work to enclose a portion of the building to make office space. He offered that this bid would be for the electrical wiring of those offices. He recommended the low bid from Buddy Taylor Electric in the amount of $86,000.00, adding that the funds are budgeted in the Street Department Fund. Alderman Elliott moved, seconded by Alderman Howard to accept the low bid from Buddy Taylor Electric in the amount of $86,000.00 with funds to be drawn from the Street Department Fund. MOTION CARRIED. Alderman Elliott pointed out that most of the road construction work is being done in house at a significant cost savings to the City. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1415 (#3-2011) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 5002 SOUTH HIGHWAY 161); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker stated that both areas are close together and the request is to rezone from mobile homes to single-family homes. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1415 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1415. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1415 be APPROVED on FIRST READING and to suspend the rules and place on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1415. Alderman Ray moved, seconded by Alderman Stroud to further suspend the rules and place Ordinance 1415 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1415. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1415 be APPROVED and ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1415 THIS 17 DAY OF FEBRUARY 2011. b. ORDINANCE 1416 (#4-2011) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 100 LAKE SHORE DRIVE); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1416 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1416. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1416 be APPROVED on FIRST READING and to suspend the rules and to place on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1416. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. Alderman Ray moved, seconded by Alderman McCleary to further suspend the rules and place Ordinance 1416 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1416. Alderman Ray moved, seconded by Alderman Robinson that Ordinance 1416 be APPROVED and ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1416 THIS 17 DAY OF FEBRUARY 2011. GENERAL: b. Request to set a Public Hearing on March 3, 2011 @ 7:00 p.m. regarding north corridor annexation Director Durham stated that the five-page legal description is being completed by Lemons Engineering. He offered a brief overview, noting that the annexation only included those properties that touched the Freeway access road on both sides except the Camelot Estates and the Andrews Paving property, which are in the floodway. He added that residential areas were avoided except residences on property that touched Highway 67/167. He outlined the area considered for annexation. It was disclosed that 25 property owners did not sign the voluntary annexation petition and 49 property owners did, resulting in a 67% consent of the area for annexation. Alderman Ray moved, seconded by Alderman Stroud to set a public hearing @ 7:00 p.m. at the regularly scheduled City Council meeting of March 3, 2011. MOTION CARRIED. c. Request to purchase property at 875 Jane Drive Public Works Director Jim Oakley reviewed the property on PowerPoint, explaining to the City Council that there is a bottle neck area that has caused continued area flooding. He reviewed the area coming from Towering Oaks regarding the 8’ ditch that flows into two 90° angle turns before bottlenecking into a 4’ wide ditch and then continuing to the Jane Drive area with a 6’ wide ditch. He stated that the ditch needs to be widened in order to improve the bottleneck that is causing area flooding. He related that the only way to improve drainage is to purchase the property adjacent to the ditch in order to be able to widen the ditch. He stated that he has a $52,000.00 appraisal on the property, adding that the owner is willing to sell for less. In response to a question from Alderman Stroud, Director Oakley stated that Towering Oaks, Jane Drive, and several other multi-family residences have been flooded as deep as 2 feet. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 17, 2011 7:00 P.M. – 7:43 P.M. Alderman Stroud moved, seconded by Alderman McCleary to proceed with the purchase of property located at 875 Jane Drive as recommended. MOTION CARRIED. d. ORDINANCE 1414 (#2-2011) AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE § 2.44.010 (EMPLOYEE POLICY MANUAL); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Vice Mayor Smith noted that Ordinance 1414 (#2-2011) was originally rd addressed at the previous City Council meeting of February 3 and is being brought back for further consideration. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1414 be APPROVED and ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1414 THIS 17 DAY OF FEBRUARY 2011. APPOINTMENT(S): ANNOUNCEMENT(S): Vice Mayor Smith announced that the Annual Joint nd Planning Meeting would be held February 22 beginning at 4:00 p.m. thru 7:00 p.m. at the Jacksonville Community Center. He then announced that tomorrow morning the Economic Development team would meet at City Hall at 7:30 a.m. ADJOURNMENT: Without objection, Vice Mayor Smith adjourned the meeting at approximately 7:43 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 9