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14 MAY 06 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 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 May 6, 2014 at the regular meeting place of the City Council. A moment of silence was observed for the tornado victims in Arkansas. Mayor Fletcher delivered the invocation and led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. Alderman McCleary arrived at approximately 7:02 p.m. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, City Engineer Jay Whisker, Director of Administration Jim Durham, Public Works Director Jim Oakley, Police Captain Smiley, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Charlie Jenkins, Bob Williams, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of April 17, 2014 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 Bolden that the minutes of the regular City Council meeting of 3 April 2014 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Elliott moved, seconded by Alderman Bolden to approve the regular monthly report for April 2014. PERMITS/LICENSE ISSUED INSPECTIONS PERFORMED Building Permits 10 Building Inspections 39 Business Licenses 15 Electrical 31 Plumbing 48 HVACR 17 ROLL CALL: Aldermen: Elliott, Bolden, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 P.M. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: DISCUSSION Valentine Annexation City Engineer Whisker demonstrated on a PowerPoint presentation the Valentine Annexation, explaining that Alderman Ray had 64 of the residents, representing approximately 120 properties, sign a voluntary petition to be annexed. He stated that the criterion is half of the property owners who own over half the property, this represents over half. He demonstrated the boundary lines that represent the annexation by petition without an election, noted that this annexation would include some residents along Valentine Road while leaving others out. He then demonstrated the annexation boundaries of the area where more of the properties that touch Valentine Road would create a more box shape. He also demonstrated the boundary lines regarding the annexation of the liquor stores on south Hwy. 161 that are currently outside the City limits. He explained that this annexation would bring in all the properties along south Hwy. 161. He noted several 40-acre tracts currently in the County that would allow for agricultural and hunting, adding that hunting is not allowed inside the City limits. He then reviewed another area that has been brought to his attention which would include the property between Military, Graham and the County line. He noted that there are approximately 12 properties along the east side of Loop Road that is not inside the City limits and 4 that are inside. He related that the 12 properties along Loop Road have been a jurisdictional issue regarding Code Enforcement. He stated that it also makes it difficult for 911, Police, and Fire given emergency circumstances to know who is in or out during a call for services. City Attorney Bamburg clarified that the petition for annexation was signed in 2011, explaining that any voluntary petition for annexation at this point would require current signatures from the property owners. He asked the City Council to consider enforcement issues with the voluntary annexation boundaries, saying that it would create issues from a liability standpoint. He explained that 911 would have difficulties knowing when to direct appropriate responses or when to refer those calls to the County or MEMS. Alderman Ray stated that he would have to go back to the community and get current signatures on a new petition. He then questioned if the City Council could formerly make a recommendation to annex these areas by a public vote. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 P.M. City Attorney Bamburg clarified that if the annexation is going to submitted to the citizens for a vote there will need to be an appropriate legal description and map, as well as the information that outline what areas are being annexed to be submitted to the voters for a popular vote. He added that because of the timeframe, arrangements would need to be made to have the issues put on the ballot in November. He noted that the City would be responsible for covering the costs associated with that ballot item. Discussion ensued regarding how the City would respond to the various residents in and out of the City limits if the voluntary annexation is passed. Alderman Ray offered that when there was an emergency in the area regarding the flooding, the City responded to residents who were not inside the City limits. He added that the Fire Department has been very good about responding to that area. Director of Administration Jim Durham stated that due to the mutual aid agreements that both Chief Laughy and the Police Department could attest to, there would be response from the City. He went on to say that the Police Department has limited arrest powers outside the City, but they can control the situation until the County arrives. He stated that in the case of the Fire Department, when there is a fire in that area, the City Fire Department has had the fire out before the voluntary fire department arrives. He pointed out that the residents they are getting Jacksonville water, they are paying 1.5 times the rate and increased rates for their sanitation sewer services. Mayor Fletcher confirmed that the properties off Loop Road have caused problems for City services. He recommended that a committee be established consisting of the emergency personnel that this annexation would involve. He added that he would want to make sure they feel comfortable with the annexation. He stated that the State legislature recognized through their opinion of enclaves how problematic it becomes for cities and counties to distinguish who responds in emergency situations. Alderman Elliott confirmed with Alderman Ray that he was looking at annexation the whole area instead of just the residents who volunteered for annexation. Alderman Ray stated that he would go back to his community and start over with collecting signatures, adding that he would try to connect all the properties in an effort to eliminate any confusion for emergency response services. Mayor Fletcher stated that he is not against annexation and he feels his record proves that, but he does feel any annexation needs to be well thought-out and researched. He pointed out that the service departments need to feel comfortable regarding the additional responsibilities. He mentioned budget constraints, and concerns for next year’s budget. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 P.M. Alderman Bolden requested statistical data regarding calls received by the County for the proposed annex area. He stated that this information would be helpful in knowing what the area activity is. Police Captain Smiley informed the City Council that while there are good and decent people who live in the area, the Police Department has had some bad experiences in the area regarding drug activity. He then explained that he and Code Enforcement officer Charlie Jenkins performed a precursory inspection of the area to get a feel for the issues in the area. He stated that if the area is considered for annexation it needs to be contiguous so there are not jurisdictional liability issues. Code Enforcement Officer Jenkins stated that in the precursory inspection, he observed 28 condemnable structures, 78 inoperable vehicles, 7 dump sites, 3 abandoned boats, 50-plus tires, and even an abandoned tractor trailer. He stated that from the Code Enforcement perspective this would require a major commitment in man-hours and budgetary resources. In response to a question from Alderman Bolden, Fire Chief Laughy stated that he feels the Fire Department can make the fire response to the area easily, adding that some of their concerns after an inspection of the area would be some of the fire hydrants. He related that they flowed approximately 8 to 10 of fire hydrants this morning. He stated that some of the fire hydrants had a flow of over 1,000 gallons per minute, which is typical of what would be needed for a standard structural fire. He then added that some of them had a flow of 500, which is not adequate. He then explained that the fire engines are rated at 1,250 gallons per minute, adding that they typically respond with three fire engines per structure fire. He stated that they would not be able to get the required water to adequate address the fire, noting that the area has 6” mains. He then explained that some of the fire hydrants are within 500’ of each other and some are within 1,000’ and some are over 1,000, which may affect the City’s ISO rating. He explained that it may be a split ISO rating or combined. He stated that if annexed it does not mean that the newly annexed area would benefit from the City’s ISO rating, adding that he is still researching the particulars. He then related that his second concern would be that they do not have an ambulance at the nearest fire station, adding that the current ambulance service in the area is MEMS. He noted that this means if annexed the City would be taking part of MEMS business and this is a situation that would need to be addressed with Mr. Swanson of the MEMS company as a courtesy. He assured the City Council that if the Fire Department gets a 911 call from the area, they will response regardless. He related confusion with the “zigzagging” boundary lines, acknowledging that there are liability issues. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 P.M. Discussion ensued regarding the split ISO rating, Chief Laughy offered that the City would have a timeframe to bring the annexed area into the combined ISO rating. He continued saying that he believes the timeframe is 2 years. Alderman Bolden stated that he has also researched services, noting that if annexed the City has to be certain it can meet the needs of the residents when they are annexed without telling them they have to wait for certain services. He offered to go with Alderman Ray to get signatures and disseminate information to the potential residents. Alderman Ray stated that the residents will address the issues regarding Code Enforcement, adding that it has been discussed at the monthly community meeting. Mayor Fletcher stated that if the residents are committed to coming into the City and keeping that standard it would show good faith if they would begin now to clean up the area. He reiterated that this proposal needs to be given a thorough process. He stated that it should be a win-win situation for the City and the residents. b. RESOLUTION 710(#5-2014) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE STATE AID STREET MONIES FOR THE JAMES & FIRST STREETS OVERLAY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Bolden to read Resolution 710 (#5-2014). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 710 (#5-2014). Alderman Ray moved, seconded by Alderman Sansing to adopt Resolution 710 (#5-2014) in its entirety. Public Works Director Jim Oakley related that the Arkansas Highway and Transportation Department started a State Aid program last year, which allows cities to also apply. He explained that there is a cap of $250,000.00 and cities of the first class have a 10% match. He stated that this grant would involve two roads that had a lot of transverse cracking, North First in the Toneyville area and James Street from the shopping center entrance off Main Street to the James Street Bridge. He stated that this project will come in around $250,000.00 and the 10% match monies will be drawn from the 2014 Street Overlay Budget. At this time, MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2014 7:00 P.M. – 7:27 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:27 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 6