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11 SEP 15.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 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 September 15, 2011 at the regular meeting place of the City Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: Director of Administration Jim Durham, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Parks and Recreation Director Kristen Kennon, 911 Communications Director Tabby Hughes, City Engineer Jay Whisker, CDBG Director Theresa Watson, IT Director Barbara McDaniel, Water Department Superintendant Mike Simpson, Marie Fletcher, Glenda Fletcher, Ronnie Higgins, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 1, 2011 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the regular City Council meeting of 18 August 2011 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for August 2011 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for August 2011 from the Jacksonville Fire Department, which reflects a fire loss of $40,000.00 and a savings total of $85,000.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for August 2011. Said report reflects: ADOPTION/FINES: $1,905.00 CONTRIBUTIONS: $ 25.00 TOTAL: $1,930.00 REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for August 2011. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 6 Building Inspections 44 Business Licenses 13 Electrical 49 Plumbing 52 HVACR 30 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 171 Notice of Noncompliance 0 Property Mowed 78 Towed 0 Trash Letters 5 CONDEMNATIONS Trash Removal 1 Structural Maint. Letters 8 Property Maint. Letters 29 Structural repairs made 0 Cost $3,650.00 Demolitions 0 CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 1 Search 0 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. PUBLIC HEARING ORDINANCE 1427 (#15-2011) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:04 p.m. He announced the properties of 127 Pike Avenue, 186 Pike Circle, 109 Roosevelt Circle, and 125 Roosevelt Circle are being considered for condemnation. With no one to speak for or against, the public hearing was closed at approximately 7:04 p.m. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1427 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1427. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1427 on FIRST READING and to suspend the rules and place Ordinance 1427 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1427. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1427 on SECOND READING and to suspend the rules and place Ordinance 1427 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1427. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1427 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1427 THIS 15 DAY OF SEPTEMBER 2011. b. SECOND READING ORDINANCE 1424 (#12-2011) AN ORDINANCE AMENDING AND CREATING JMC § 8.05 TO PROHIBIT THE USE OF BARBED WIRE, RAZOR WIRE, OR OTHER SHARP MATERIALS IN CONSTRUCTION OF WALLS AND FENCING IN CERTAIN ZONING DISTRICTS; CREATING JMC § 8.04.025; AMENDING JMC §§ 8.08.080, 8.10.010, 16.20.020, AND 18.04.100; AND, FOR OTHER PURPOSE. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1424 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1424. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1424 on SECOND READING and to suspend the rules and place Ordinance 1424 on THIRD AND FINAL READING. Alderman Stroud noted other unsightly conditions such as dumpsters not being screened. He noted that the present ordinance makes screening a requirement regarding new construction, but concerns for existing dumpsters should be addressed as soon as possible. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. In response to a question from Alderman Smith, it was noted that existing barbed wire fencing would not be grandfathered. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1424. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1424 be APPROVED AND ADOPTED. It was noted that this ordinance does not prohibit the use of electrical fencing. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1424 THIS 15 DAY OF SEPTEMBER 2011. c. ORDINANCE 1426 (#14-2011) AN ORDINANCE AMENDING THE 2011 FISCAL BUDGET; MAKING MODIFIED APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT AND THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES; COVERING GENERAL FUND OPERATIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1426 be placed on FIRST READING. Finance Director Cheryl Erkel stated that the 2011 budget has been trimmed down, noting that County Sales Tax revenues have declined from projections. She explained that items cut from the budget were purchases that could be postponed until 2012. She also noted savings from positions not immediately filled, which was used in the projected amendments to the 2011 budget. She offered a breakdown of those amendments. Mayor Fletcher thanked the Department heads for working through this process. He stated that the budget was based on a projected population expectancy of over 31,000, which was projected by Metroplan and the pre- census. He stated that another factor was that the County population had increased, which changes the distribution formula. He stated that it amounted to what is termed a “compound cut” for the City of Jacksonville. He stated that while the computation is complicated, they have worked with Arkansas Department of Finance and the Arkansas State Treasury to ensure an accurate distribution. He stated that at the end, he is thankful the cuts can be made, pointing out that no employee was laid off, no hours were cut, and no service programs were cut or decreased due 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. to funding issues. He explained that a program cut in Parks and Recreation was because of lack of participation. He stated that he is thankful the City is still strong, adding that a budget is only an estimated guess of how to run a city for a year. He noted that last December when the budget was passed, former Finance Director Paul Mushrush had cautioned the City Council that the budget may need to be revisited depending on actual revenue streams. He stated that the City is still strong and finances long-term are very strong with a strong community. He related that the amendments in the budget did not affect quality of life or services to the community. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1426. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1426 on FIRST READING and to suspend the rules and place Ordinance 1426 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1426. Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1426 on SECOND READING and to suspend the rules and place Ordinance 1426 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Ordinance 1426. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1426 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1426 THIS 15 DAY OF SEPTEMBER 2011. d. RESOLUTION 668 (#14-2011) A RESOLUTION SETTING A PUBLIC HEARING ADDRESSING ADOPTION OF AN ORDINANCE AUTHORIZING THE ISSUANCE OF WATER CAPITAL IMPROVEMENT REVENUE BONDS TO FINANCE THE CONSTRUCTION OF EXTENSION, BETTERMENTS, AND IMPROVEMENTS TO THE JACKSONVILLE WATER SYSTEM; AND, FOR OTHER PURPOSES. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. Water Department Superintendent Mike Simpson requested the passage of Resolution 668 encompassing the $25 million dollars in bonds that will be generated for 5 water improvement projects. These projects include a SCDA (Supervisory Control and Data Acquisition) control system that will allow for the installation of 24” and 18” water mains from the south source improving water service to the City by another 6 million gallons daily, north and south water transmission mains will also be a part of that as well as part of the west area 3 million gallon elevated storage tank. He added that the tank will service the west area of the City and will also provide a venue for the Little Rock Air Force Base to save approximately $60,000.00 annually in pumping costs. He explained that they would utilize Central Arkansas Water’s pressure plain to fill the tank that will be used by the Air Force Base. He added that General Samuels is also part of the west area’s 3 million gallon elevation tank project. He stated that the total is $25 million dollars, adding that any unused funds would be turned back at no penalty. He stated that he believes the bonds are 3.25% interest, which is a good rate. Alderman Ray moved, seconded by Alderman Howard to read Resolution 668 (#14-2011). MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Resolution 668. Alderman Ray moved, seconded by Alderman Smith to approve Resolution 668 (#14-2011) in its entirety. MOTION CARRIED. e. RESOLUTION 669 (#15-2011) A RESOLUTION CONGRATULATING AND SUPPORTING THE LITTLE ROCK AIR FORCE BASE THTH 19 AND 314 AIRLIFT WINGS FOR THEIR RECENT RODEO 2011 AWARDS; AND, FOR OTHER PURPOSES Alderman Elliott moved, seconded by Alderman Smith to read Resolution 669 (#15-2011). Mayor Fletcher expressed his and the City Council’s pride in the Little Rock Air Force Base, adding his appreciation to Alderman Robinson for proposing the Resolution. He stated that Little Rock Air Force Base is a vital part of the community. MOTION CARRIED. Whereupon City Clerk Davitt read the heading of Resolution 669. Alderman Smith moved, seconded by Alderman Robinson to approve Resolution 669 (#15-2011) in its entirety. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Fletcher announced that a public hearing regarding an extension of the AICUZ study is currently being held at the Community Center. He encouraged everyone to attend. He related that it deals with encroachment issues for the Air Force Base to protect flight lines and flight patterns. He added that the growing issues for Air 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. Force Bases is the windmill industry. He noted that Arkansas is not conducive for wind farms but it is still an important issue for the community to participate and ensure that our Base is protected. Municipal League Training Mayor Fletcher related recent training opportunities at the Municipal League that he and Alderman Ray were able to attend, explaining That Sheffield Nelson has served as the lead person in the State of Arkansas dealing with a gas severance tax. He related that it would bring a good dividend in returns for roads, explaining that a recent amendment provides that the first 20 million goes to cities in Arkansas, followed by a 70% distribution to State Highways, 15% to counties, and 15% to cities. He related that this tax has the ability to go up to 70 million dollars for cites to be used on streets. He stated that the City of Jacksonville needs to support this along with signatures from other cities. He expressed his hopes to have a presentation for the next regularly scheduled City Council meeting. Alderman Sansing noted that the location in the State of Arkansas that is conducive for wind farms is in far northwest Arkansas. In response to a question from Alderman Robinson, Mayor Fletcher updated the City Council regarding the State Fair relocating to Jacksonville. He stated that currently the issue has been moved to the “back burner” until the Fair that is being held three weeks from now is over. He stated that he met yesterday with one of the members of the Board and the next Board meeting will be held in December. He stated that he still feels Jacksonville has offered more than other cities interested in obtaining the Fair. He then added that if the proposal does not come to fruition, the City needs to develop alternative plans for the site. He stated that the property is a great economic development site. He then answered that the City has filed eminent domain and are waiting for a reply after a slight modification in filing. Mayor Fletcher then informed the City Council that Director of Administration Jim Durham met today with the engineer regarding pool repairs, adding that the project is more complicated than originally thought. He explained the importance of having the project done the right way instead of the easy way. Director of Administration Jim Durham related that the biggest problem is the unknown regarding the project as a remodel. He expressed his faith in the engineer to make this project viable for the City, noting the problem of having to do a bid process regarding the unknowns as they are discovered. He expressed other issues with budget constraints. Mayor Fletcher related that the new Police Department and pool improvements will be financial issues, adding that he has meetings next week regarding alternative financing. He added that he would return to 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 15, 2011 7:00 P.M. – 7:33 P.M. the City Council with all the information following that meeting. He went on to say that these are the best economic times in which to build even though it may not be the best economic times to live in. He stated that currently construction costs are $.60 on the dollar and interest rates are extremely low. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:33 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8