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2004City Council Of Jacksonville , Arkansas AGENDA 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Animal Control Fire Department Police Department Regular City Council Meeting January 15 , 2004 7 :00P.M . Regular City Counci l Meeting Decembe r 18, 2003 Regular City Counci l Meeting December 4 , 2003 Regular Monthly Report/December Annual Summary Report 2003 Public Works Director Oakley Regular Monthly Report/December Chief Vanderhoof Regular Monthly Report/December Interim Chief Ba ker Engineering Department Regular Monthly Report/December City Engineer Whisker 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT : 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12 . PARKS & REC . DEPT: 13. PLANNING COMMISSION: 14 . GENERAL: a . Annual Report by Ken Anderson (available at meeting) (Mayor Swaim) Annual Report by Thea Hughes (avai lable at meeting) (Mayor Swaim) STATE OF THE CITY (available at meeting) (Mayor Swaim) FINAL PLAT: Triangle Park Development Lot 1 (plat included in packet) (Mayo r Swa im) b. FINAL PLAT : Small Oa k s Subdivision (plat incl uded in packet) (Mayor Swaim) a . ORDINANCE 1217 (#1-04 ) Establishing nonpartisan candidate filing period (Mayor Swaim) . 1 bODt}~'7 ~ity Council A G E N D A continued: January 15, 2004 15. APPOINTMENTS: 16 . ANNOUNCEMENTS : \OJOURNMENT: PLANNING COMMISSION : Reappointment of Glen Keaton for a term to expi re 01/01/07 Appointment of Mike Traylor for a term to expire 01/01/07 Appointment of Kevin McCleary for a term to expire 01/01/07 BOARD OF ADJUSTMENT: Appointment of Mark Perry to fill the unexpired term of Kevin McCleary filing the unexpired term of Mark Stroud for a term to expire 02/05/05 City Hall will be closed Monday January 19, 2004 in observance of Dr. Martin Luther King, Jr. Day CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING: JANUARY 15, 2004 7 :00 P.M . -7:51 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council o f the City of Jacksonvil le , Arkansas met in Regular S ession on January 15, 2004 at the regular meeting place of the Counci l. Alderman Stroud delivered the i nvocati on and Mayor Swaim l ed a standi n9 audience in t he "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wi lson, Fletcher, Stroud, Twitty , and Howard a n s wered rol l call . Mayor Swaim a lso answered ROLL CALL declaring a quorum . PRE SENT ten (10), ABSENT (0). Others present for the meet i ng were: City Attorney Bobby Bamburg, Deputy Clerk Heath er Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, Finance Manager Cheryl Erkel, Ci t y Engineer Jay Whisker, Public Works Di recto J ~ Jimmy Oak l ey, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs , Chamber of Commerce Director Bonita Rownd, Police Captain Baker, Fire Chi ef Vanderhoo f, Wastewater Commission Chairman Joan Zumwalt, Wastewater Manager Thea Hughes , Justice of the Peace Dennis Sobba, P lanning Commission Chai rman Art Brannen, Water Department Manage:~ Ken Anderson , Pres ton Robinson, Water Commission Chairman Thad Gray ,. Tommy Bond , Judy Swaim, Edith Smith, Lendy L ewis, Larry Smith, David McClanahan, intere sted citizens and members of t he press. PRESENTATION OF MINUTES : Mayo r Swaim present ed the minutes o f the Regular City Council meeting o f December 18, 2003 for approval and/or correction at the nex t Regularly Scheduled City Co unci l Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of tht:?J Regular City Council Meeting of 4 December 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT /ANIMAL CONTROL Alderman Ellio tt moved , seconded by Alderman Wilson to approve the Regular Monthly Animal Control Report for December 2003 and the Annual Report for 2003. Said report reflect s: DECEMBER ADOPTION/FINES : CONTRIBUT I ONS: TOTAL : $749.50 $ 15 .00 $764 .5 0 2003 TOTAL ADOPTION/FINES: $8,303 .50 CONTRIBUTIONS : $ 4 0 .00 TOTAL : $8,343.50 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott move d , seconded by Alderman Wi lson to approve the Regular Monthly Report for De cember 2003 . Said report reflects the Total Value of Reported Stolen Property $100,965. Total Value of Re cover ed Stolen Property $16 ,077 and Total Report Sal es $410 .00 . 1 , DOO;JS9 "~ ~-....,· CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7 :00 P.M. - 7 :51 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Monthly Report for December 2003 from the Jacksonville Fire Department, which reflects a fire loss of $87 ,600 and a savings t otal of $1 99,800. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular Mon thly Report for De cember 2003. Said report reflect s : PERMITS/LICENSE ISSUED Buildi ng Permits Business License UNSIGHTLY & UNSANITARY Grass Letters P roper t y Mowed Trash Letters Trash Removal Cost f or December 17 9 0 0 36 0 $.00 INSPECTIONS PREFORMED Building Inspections 1 23 HVACR 65 Plumbing 103 Electrical 113 VEHICLES No tice of Noncompliance 70 Towed 15 CONDEMNATIONS Structur al Maint. Letters 5 Structural Repairs Made 0 Demol i tions 0 Discussion ensued rega r ding trash and debris at 190 Pike Circle and 162 Roosevelt. Alderman Stroud moved, seconded by Alderman Twitty to forward a letter regarding cleanup of debris l ocated at 190 Pike Circle . MOTION CARRIED. ROLL CALL : Aldermen Elliott , Smith, Lewis , Sansing, Ray , Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: Annual Report presented by Ken Anderson Mr. Anderson thanked the Water Commission for t heir dedicat i o n and hard work during 2003. He expl ained that while they faced many challenges, they we re able to overcome them . He related that the members serving on the Water Commission are Chairman Thad Gray , Jim Peacock, Gordon Koops, David Chamblee, and Jack Danielson . He report ed that Wa t erworks has completed another year with many improvements to the water system, adding that a Chlorine Booster Station was installed to better disinfect the north part of the water system. He stated that o t her additions to the water system include 11,189 linear feet of pipe installed in various subdivisions and upgrades of 3,300 linear feet of pipe . He related that product ion of water for 2003 was down due to the mild summer and winter . He related that on July 17, 2003 they reached a high per day of 6 .6 mill ion gallons, less than last year 's high of 8.5 million on July 10, 2002 . He added that the total production for the year was 1 .5 b i llion gallons, which was a 7% decrease from the previous year . He related that the average daily flow for 2003 was 4.1 million gallons, with revenues from the sa l e of wate r down 4%. 2 oG.nl:OO J~ ..,' ~~ J ~J 1 '·' . CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15 , 2004 7 :00 P.M. - 7 :51 P .M. He stated that as part of the Master Plan completed in 2003 it was determined that the wells ground water supply would deplete between 2010 and 2015. He related that when those sources are exhausted, the City wil l depend on Central Arkansas Water for its total supply of water of up to 12 million gallons per day. He s tre ssed that Jacksonville must work toward building sufficient storage and other infrastructure necessary to meet all system requirements in order to distribute that amount of water. He added that to insure the City has an adequate future water supply, Waterworks is sharing the costs of a water main from Central Arkansas Water's Wilson Treatment Plant on Interstate 430. He related that this project is to be completed by 2010 and would provide Jacksonville with enough water until 2020, at which time water from Lake Ouachita or Greer's Ferry Lake would be on line to carry Jacksonville through 2050. He thanked the City Counc il for the opportunity to brief them on the accomplishments of the Jacksonville Water Department in 2003 . WASTEWATER DEPARTMENT : Annual Report presented by Thea Hughes Mrs . Hughes stated that 2003 is the eighth consecutive year that the Wastewater Department has not had any permit violations at the treatmen1: plant. She stated that overflowing manholes have been reduced significant ly because of several years of major rehab , adding that overflowing manholes in we t weather has been their main focus. She related that in 2002 there were 51 manhole overflows in wet weather and that in 2003 there were only 5 manhole overflows. She added that the significant reduction is due mainly to the focus of their rehab efforts. She related that major manhole rehabs completed in 2003 were in the Tara Mo unt Subdi v i sion, James Street in front of Fred's Store , and one behind the Jacksonville Physica l Therapy Center, adding that the manhole in Northwood Acres is the focus in 2004. She rel ated that t h e Wastewater Department is under Administrative Order to complete the rehab by Apri.L 2004, adding that a l l the required work, with the except ion of priority 4 work, be ing requested cont i nued work on an eight-year plan has been completed . She stated that in anticipation of t he April deadline they have asked EPA to consider lifting the Administrative Order, explaining that EPA has reviewed the rehab and is giving serious consideration to l ifting the Order with an answer forthcoming next week . She added that if the Order is lifted, it will be the first time in fifteen years that they have been released from Administrative Orders . She re l ated that the Wastewater Department responded to 260 customer calls with only 11 due to rain , another direct indication that the rehab is working. She stated that they replaced 6 ,83 2 ' of main line, tel evised almost 80,000 ' of line, accepted 8,946' of new subdivisions and inspected 2 1 9 private servi ce lines. She added t hat the citizens are complying with the service line policy by repa iring their service lines as requested. She stated that they successful ly treated 1,842 ,000,000 gallons of wastewater with z ero permit violat ions and that all industrial users were in comp l iance. She added that all restaurants were inspected and comply with grease trap regu l ations. She related that the Wastewater Department received excellent laboratory ratings, passing all annual State inspections. She stated that the Department assisted the LRAFB in a major inves tigation, saving them a significant amount of money by changing some sampling procedures, and began accepting leachate wastewater from the Two Pines 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. - 7 :51 P.M. Landfill . She related that operating revenue is up due to the f irs t step i n a five -step rate increase, but that even with the increase they experienced a $100,000.00 loss in operating revenue; partly due to decreased water usage. She stated that during the next four steps of the rate increase t hey will continue their eight-year rehab and some of their capital improvement projects . She noted the biggest project being the West Interceptor Project, saying that the design has begun and will go to bid in the Spring. She related that the project is anticipated to take approximately 6 to 8 months to complete. She stated that they completed the installat ion of the Supervisory Control And Da ta Acquisition (SCADA) System, which monitors the pump stations and has already produced great savings. She related that 68%, or 79 customer calls were related to grease problems, adding that an educational program i s scheduled for 200 4 to encourage citizens not to put grease in the drains. She noted that it is estimated to cost approximately $500 .0 0 to respond to those i ncidents adding up to $39,500. She noted that the Department has three Class 4 Wastewater Operator licenses, several Class 3 , 2 and 1 ' s and eight employees have COL licenses , adding that six employees are a l so licensed to do plumbing inspections. She concluded say ing that the Wastewater Plant is known throughout the State as producing excellent water and being well maintained, and has several visitors wanting to use Jacksonville as a model for a new plant in a neighboring commu nity. In response to a question from Alderman Wilson, Mrs . Hughes related that the project observed around t h e new overpass is probably a pipe bursting project, slightly different from a s lip line project in that it is a new stronger type of pipe that can actually go through an existing line to burst it out of pla ce and rep l ace it with a new l ine . She stated that the process is used in areas where the lines are either very deep or because of c i rcumstances r egarding buildings, sidewalks or driveways that would have to be torn up, adding that it saves those costs. Mayor Swaim thanked the Chairmen and Commissions for the vo lunteerism, comment ing t h at both Departments are very well managed . MAYOR SWAIM STATE OF THE CITY Mayor Swaim related that the State of the City Report's purpose is to inform citizens how the City is managing its tax dollars. He added that he i s pleased to report that the City operated wi t hin its budget . He noted that there wou l d be a couple of changes to amend the 2004 budget to incorporate account ing c hanges regarding the Pension Plans . He stated that the City h as prepared an austere budget for 2004, which he feels can be operated. He acknowledged contributions by the Finance Department in preparing and managing a budget that the citizens can be proud of . He related that opposed to writing a letter , he has chosen to collect a list of noteworthy items and has headed the list "JACKSONVI LLE : A CITY ON THE MOVE". He reported that regarding finances , 2003 was the 5th consecutive y e ar that the City has received the national award of "Certificate of Achievement for Excellence in F i nancial Reporting" regarding the Comprehensive Annual Financial Report, adding that award of the 6th year reporting is pending. He related that very few cities in the Sta t e of Arkansas have ever received the award and for the very few who have i t is 4 CI TY OF JAC KSONVILLE REGULAR CITY COUNCI L MEET I N<:; JANUARY 15 , 2004 7 :00 P .M. - 7 :51 P .M. rare to receive it for five consecut ive years. He added that he is confident that the City will be recognized for i t s 6 ~ year repo rt i ng and receive the national award yet a gain . He stated that the award signifies t hat the City is doing a good job i n its f i n ancia l report in ~r and maintain ing records regarding tax dollar expendi ture s. He then reported that the 440 Loop from I -40 to 67/167 was opened in January and the l ong awaited project regarding the Main Street Overpas~> was finally realized, completed, and opened for traffic in April. He added that in January on the same day t hat t he 440 Loop was opened, Governor Hu ckabee came t o City Hall and declared Jackso nvil le an ACE Community . He explained t hat the ACE Community Award n ames Jack sonville as a community that is prepared to accept industry, adding t hat i t i s a community of exce llence award that was achieved for Jacksonville wit h the help of the Chamber of Commerce and a number of other committees. He related that an Adve rtising & Promotion Board was forme d in 2003 to promote tourism in Jacksonville. He addressed new commerce in Jacksonville, pointing out that a new Famil y Do llar Store had opened on T r ickey Lane in Ma r ch 2003 . He noted t hat an agreement was negotiated to locate a Walgreen 's Drug Store on Main Stree·t and Dupree Drive, adding that cons truction wil l begin following the demolition of the existing build i ngs. He related t hat the Big Lo ts Department S tore opened in the previous K-Mart building, partially filling an available vacant building. He then related that the openin9 o f Lowe ' s Home Improvement Warehouse in October also s erves as anoth e.r key accompli shment f o r the City, adding that when h e r ecently visited a. mayor from anothe r city, h e learned that they have bee n trying for years to get a Lowe 's Department Store to locate in their ci ty a n d h ave been unsuccessful. He related that there had been 155 new homes starts in the Community of Jack sonville in 2003, which is up considerably from a few years ago . He stated that constru ction permits were up overall by five ( 5 ) million dollars for a total of $32,942,173.00 last year, adding that of t h os e ther e were thirteen (13) new commercial permits issued and n i nete en (1 9) e xi sting commerci al estab l ishments were remode l ed or modernized. He credited the citi zens who authorized the assessment of a local sales tax to fund the construction of an Education Center , an Aquati cs Park , Po l ice a nd Fire Training Facility, and other f uture capi ta l projects . He relat e d significant efforts for Jacksonville to obtain its own school d i stri ct ; adding that when he attended a fo cus group earl ier, t he question was asked "what is the singl e b i ggest de te rrent to industry locating in central Arkansas" and education o r t h e lack there of was the most recited response. He then reviewed other services and accomplishments in other areas, noting that the City recycled 1 ,130 ,664 lbs. of products producing an 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15 , 2004 7:00 P.M . -7:51 P.M . income of $52,345 .43, considerably more from years past. He added that the City recycled 36,825 cubic yar ds of yard waste and 28,833 t i res. He then related that the City responded to 2,026 a mbu lance calls; 1 ,592 fire ca ll s; and 34,802 police call s . He added that the library c irculat ed 132 ,181 written or audiovisual items. He noted that the City completed an update of the Comprehensive Development Plan; a redevelopment p l an for the formerly contaminated Vertac Supe r fund Site with a $50 ,000 .00 grant and awarded 51 scholarships of $1 ,000 each to the Jacksonville High School students with f unds donated by the Waste Management . He stated that the Elderly Center served 16,318 congregate meals, and 28,071 home delivered meals to the elderly . He added that the Animal Shelter responded to 2,071 an i mal pickups, and adopted o ut 619 , returning 344 to owners. He related that the Community Center hosted 295 events attended by 46,770 persons , adding that many of those events we re hosted in J acksonville for the first time. He stated that the Community Center is another example of c itizens willing to approve a special sales tax to improve the quality of life in Jacksonville . He concluded in sayi ng that the Street Department laid 4, 1 90 tons of as phalt . He stated that he hoped his report has outlined the progress made in the City in 2003 . He noted that the State of the Ci ty Report would be available on the Ci ty web site tomorrow . He related that the City emp loyees makes his job eas i er because of how well they do the ir jobs , adding that he is pleased with the staff that has been assembled over the years. He stated that while finances dictate how services are offered, every effort is made to e nsure servic e to the citizens in a manner tha t woul d be pleasing to them . Alderman Sm i th n oted the accomplishments of 2003, saying that the overpass was significant and helped the City . He commended the Recycling Program and the addition of Lowe 's to Jacksonvil l e . Alderman Fletcher noted that there are not many cities that can a ttest that they are debt free; adding that Jacksonville citizens have been good to recognize the importance of pro j ects providing for the futur e advance ment and growth of Jacksonville . He noted h is pride in having Jacksonville serve as a model for other ci t ies and added that he is encouraged and proud to be a part of City government . Alderman Wilson stated that there are v e ry few cities in t h e State that have even one department of Jacksonville 's ca liber, no ting the Waste wa ter and Water reports , along with the professionalism of the Po l ice and Fire Departments . He noted the faci l i t ies offered by the Parks and Recreation Department , adding that as a whole package Jacksonvi l le is a good tribute to the leadership serving the public. Alderman Stroud agreed with all sentiments expressed, adding t hat Jacksonvil le has not suffered a ny o f the problems that have been newsworthy in other cities . He stated that he is proud to be a citizen in Jacks onville and proud that Jacksonvil l e is the model for many citi es . He stated that he is encou raged for the future of Jacksonville . 6 OJ0~04 ' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7 :00 P.M . -7:51 P .M. Alderman Ray complimented the exemplary service of the Water and Was tewater Departments, adding that the professionalism of the department: heads and the employees speaks for itself. He recognized the foresight: of the City Council to work with the administration to produce good things for the Community. Alderman L ew is noted that throu gh his travels with the Municipal Leag uE~ and t he National Lea gue of Ci ties he has learned that Jacksonville and Mayor Swaim are known for exemplary service to the Community . Alderman Wilson also noted that t he City of Jacksonville has better streets than most communities, commending the Street Department . Mayor Swaim stated that the credit needs to be spread, saying that he could not accompl i sh many of the things he does without the cooperation of the City Council. FIRE DEPARTMENT : POLICE DEPARTMENT: SANITATION DEPARTMENT : STREET DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION: a. FINAL PLAT Triangle Park Development Alderman Wilson moved, seconded by Alderman Ray that the Final Plat of the Triangle Park Development be Approved . MOTION CARRIED. b . FINAL PLAT Small Oaks Subdivision Alderman Wilson moved, seconded by Alderman Sansing that the Final Plat of the Small Oaks Subdivision be Approved. MOTION CARRIED. GENERAL : ORDINANCE 1217 (#1-04) AN ORDINANCE ESTABLISHING A FILING DEADLINE FOR INDEPENDENT OR NONPARTISAN CANDIDATES IN ELECTIONS FOR CITY OF JACKSONVILLE MUNICIPAL OFFICES ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES. Mayor Swaim stated that the City had previously been follow i ng guidelines that offered that the preferential primary could dictate the time for filing for office, adding that there was a challenge from t he Attorney General's Office and the City Counci l chose to abolish the Ordinance mandate filing date. He noted that during the l ast legislative session a new bill was passed allowing the fi l ing date to be before the preferential primary; adding that the proposed Ordinance reestablishes prior guidelines . Alderman Elliott moved , seconded by Alderman Smith that Ordinance 1217 be placed on FIRST READING. ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Where upon City Attorney Bamburg read the heading of Ordinance 1217. 7 0. o·a ·•·r.<:"" . ·J.G ~ CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P.M. -7 :51 P .M. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 121 7 be APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Smith, L ewis , Sansing, Ray, Wi l son, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1217 be p laced on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis , Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1217. Alderman Stroud moved, seconded by Alderman Howa r d that Ordinance 12 1 7 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1217. Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1217 be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray , Wilson, Fletche r , Stroud, Tw i tty, and Howard voted AYE. NA.Y ( 0) . MOTION CARRIED . Alderman Stroud moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis , Sansing, Ray, Wilson , F l etcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1217 THIS 15H DAY OF JANUARY 2004. APPOINTMENT(S): PLANNING COMMISSION APPOINTMENTS Alderman Elliott moved , seconded by Alderman Wilson to approve the reappointment of Glen Keaton for a term to expire January 1, 2007 and the appointments of Mike Traylor and Kevin McCleary for terms to expire January 1, 2007. MOTION CARRIED. BOARD OF ADJUSTMENT APPOINTMENTS Alderman Wilson moved, seconded by Alderman appointment of Mark Perry to fill the unexpired filling the unexpired term of Mark Stroud for a 5, 2005. MOTION CARRIED . ANNOUNCEMENT(S): Smith to approve the term of Kevin McCleary, term to expire February Mayor Swaim rel a t ed that Justice of the Peace Dennis Sobba has asked to address the City Council regarding issues i nvolving the Quorum Court, adding that Mr . Sobba has offered to remain after City Council to answer questions . Justice of the Peace Dennis Sobba began by addressing a letter sent to the Democrat Gazette by Mr . Ron Newport , stating that it is false that h e was proposing a pay rai 5e for County Clerk Caro lyn Staley, adding that 8 -------- CITY OF JAC KSONVILLE REGULAR CITY COUNCI L MEETING ; JANUARY 15, 2004 7 :00 P.M. -7 :51 P .M . the Democrat Gazette further reported that the Quorum Court would be responsible for $35,000 for Mrs. Staley's legal fees . He stated that the Quo r um Court has not obligated one cent to pay any legal fees, addin~r that if Mrs . Staley is acquitted of charges the Quorum Court wi l l be obligated to pay those legal fees. He explained that the confusion regarding the pur ported request for a raise came about when County Treasurer Debra Buckner had asked Mr. Sobb a to present to the Quorum Court a pay scale offering a raise for all elected officials at the same rate as the County Judge and the County Sheriff. He stated that the Judge and the Sheriff were proposed a t 93 % and Mrs. Buckner is at 83 % and the Quorum Court is at 80%, he added that he told Mrs. Buckner that he was not interested in seeking a raise for the members of the Court, bu1: did sponsor it before t h e Quorum Court as a request from her. He expla i ned that the proposal i nvolved every position that is elected in t h e County and Carolyn Staley is one of the elected positions, which was construed as a proposed raise for her. He related that he had explained his position to the newspaper to no avail . He added that h e wanted an opportunity to explain his position to the City Coun cil . He went on to relate issues of another matter telling the City Co u nc i l that he was responsible for the resignation of a County Coordinato r . He expl ained that he had discovered the person in q u estion to be playing computer games on three separate occasions . He stated that he is lookinq- for feedback, saying that he would be willing to go to the County J u dge and ask that all computer games be taken off the systems. Thirdly, he addressed issues regarding a large b uild up of funds regarding the gas mi l lage for the Road and Bridge Comm i ssion. He noted that there were enough excess funds that the Comm i ssion is prop osing to fund the folly trolley and are proposing a bike trai l across the lock and dam . He reasoned that if there is that much money in the fund it might appear that the mi l lage rate is too high . He requeste d feedback f r om t he City Council, adding that a resolution or ordi nance cou ld be proposed t~ address the situation . Alderman Stroud stated, as a point of clarificat ion, that his earlier motion regarding 190 Pike was to include 162 Roosevelt. Alderman Stroud moved , seconded by Alderman Smi th that the earlier motion regarding prov isions for 1 90 Pike is to be extended to 162 Roosevelt . Alderman Wilson requeste d that specifics be communi c ated to the owners of both addr esses to avoid any misunderstanding regarding the City 's position and expectations. At this time , MOTION CARRIED. Mayor Swaim announced that City Hall would be closed Monday January 19, 2005 in observance of Dr. Martin Luther King , J r. Day. He then announced that the National League of Cities will be held in March, aski ng Council members planning to attend to contact Bertha T i pton t o register. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2004 7:00 P .M. -7:51 P .M. Alderman Smith noted that the Annual Chamber o f Commerce Ban q ue t is Tuesday , January 20ili. ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at approximately 7:51 p.m . Respectfu l ly , 10 ' ·@.00 1 08 City Council Of Jacksonville, Arkansas AGENDA 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF M I NUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Animal Control Regular City Council Meeting February 5, 2004 7:00 P.M . Regular City Council Meeting January 15, 2004 Regular City Council Meeting December 18, 2003 Regular Monthly Report/December Publ ic Works Director Oakley Engineering Department Regular Monthly Report/December City Engineer Whisker 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT : 12 . PARKS & REC . DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT: a . b . c. ORDINANCE 1218 (#2-04) Amending 2003 Budget (Mayor Swaim) Information Technology Present & Future (Mayor Swaim) UPDATE: Current & Potential Residential Developments (Mayor Swaim) BOARD OF ADJUSTMENT Reappointment of Mrs. Martha Boyd for a term to expire 2/5/2007 City Hall will be closed February 16th for Presidents Day 000108 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7 :00 P .M . -7:35 P.M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of t he City of Jacksonville, Arkansas met in Regular Sess i on on February 5, 2004 at the regular meeting place of the Council. Alderman Ray delivered the invocation and May o r Swaim led a standi ng a udience in the "Pledge of Allegiance" to the flag. ROLL CALL: Alderme n: E lliott, Smith, Sansing, Ray, Wilson , Flet cher , Stroud , Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL decl aring a quorum . Alderman Lewis a r rived a t approximately 7 :05 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Hea the r Palermiti , Director of Administration Murice Green , Human Resource Director Charlie Brown , Finance Director Paul Mus hrush, City Engineer Jay Wh isker , P ubl ic Works Director Jimmy Oakl ey, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs , Chamber of Commerce Director Bonita Rownd, Police Chief Baker, Fire Chief Vanderhoof, Judy Swaim, Edith Smi th, Lendy Lewis, Larry Smith, David McClanahan , interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regular City Council meeting of January 1 5, 2004 for approval and/or correction at the next Regularly Scheduled City Counci l 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 December 2003 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alde rman Sansing moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for January 2004. Said report reflects: JANUARY ADOPT I ON/FINE S: CONTRIBUT IONS: TOTAL: REGULAR MONTHLY REPORT/ENGINEERING $573 .00 $ 20.00 $593.00 Alderman Sansing moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2004 . Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License 24 17 INSPECTIONS PREFORMED Building Inspect ions HVACR Plumbing Electrical 1 86 86 1 24 40 UNSIGHTLY & UNSANITARY Gra ss Letters Property Mowed T r ash Lett ers Tras h Removal Cos t for De cember 0 0 34 0 $.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7 :00 P.M . -7:35 P.M . VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structura l Maint . Letters Structural Re p airs Made Demolition s 7 1 34 6 0 ROLL CALL : Aldermen Elliott, Smith, Sansing , Ray , Wilson, Fletcher , Stroud, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : SANITATION DEPARTMENT : STREET DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL : a. ORDINANCE 1218 (#2-04) AN ORDINANCE AMENDING THE 2003 FISCAL BUDGET FOR THE CITY 0 :11' JACKSONVILLE, ARKANSAS; AND , FOR OTHER PURPOSES. Mayor Swaim noted changes in accounting requirements regarding the Fire and Police Pension funds . He e x p l ained that the funds are now deposited into the General Fund and then i n to the individual Pension Fu nds , adding that the 2003 budget will nee d to be amended to reflec t t hat procedur e change. Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1218 be placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith , Sansing , Ray , Wilson , Fletcher , Stroud , Twit t y, and Howar d voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 218. Al derman Smi t h moved , seconde d by Alderma n Howard t hat Ordinance 1218 be APPROVED on FIRST READING. ROLL CALL: Alderman E l l iott, Smith, Sansing , Ray, Wilson, Fletcher, Stroud, Twitt y and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman E ll i ott moved, seconded by Al de r man Sansing that Ordinance 1218 be p laced o n SECOND READING . ROLL CALL : Alde r man Elliott, Smith , Sansing, Ray , Wi l son, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg r e ad the heading of Ordinance 1218 . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7 :00 P .M. - 7 :35 P .M. Alderman Stroud moved , seconded by Alderman Wilson that Ordinance 12 18 be placed on THIRD and FINAL READI NG . ROLL CALL : Alderman El liott, Smith, Sa ns ing, Ray, Wilson , Fletcher , Stroud, Twitty , and Howard voted AYE. NAY ( 0 ) . MOTION CARRIED . Whereupon City Attorney Bamburg read the headi ng of Ordinance 1218 . Alde r man Smith moved , seconded by Al derman Wilson that Ordinance 1 218 be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, Lewis, Sansing , Ray, Wilson , Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1218 THIS 5 H DAY OF FEBRUARY 2004 . b . Informati on Tech nology Updat e Director of Administration Murice Green re l ated that in 2000 the City had one se rver and approximately fifty workstations , adding that today the City has eight serve rs and ninety-seven workstations . He related that Clearpointe Technology monitors the system, p rovides technical support and upgrades . He related that the wide area network connecting City Hall to the Police Department, Fire Department , 911 , and vari o us City Departments has been implemented, adding tha t efforts are ongoing to connect the Municipal Courts. He stated that three servers located at City Hall function as a file server , emai l server and fi r ewall. He noted that three serve rs have also been installed at the Police Department and one has been added t o the Court system. He stated that there is an eighth server used in City Ha l l for po s ting accounting of t he software. He related that the Police Department was required to implement the NIBR System (National Incident Base Report i ng System) a n d that a year ago approximately $80,000.00 was approved to purchase the NIBR software. He stat ed that matching the software to the hardware system has required more efforts, adding that this week Fire and Pol ice employees have been in training using l aptops and implementing the system. He explained the cur rent process regarding a cal l into the 911 Center and information being carried to the Police Department to be entered into t he computer system, adding that with the new system, information could even be entered by a patrolman into a laptop that would interface with the system tying in together with the De partment and 911 Center. He stated that the new system would cut down on the current workload regarding data e n t ry for i ndividual entities. He noted that the Police Department has grown rap idl y regarding the use of computers , whi ch had put a d rain on the server in Ci ty Hall , making it almost impossible for the system to functi on properly . He added tha t hardware for the Police Department was purchased to accommodate the new system . He explained the use of a T-1 line between the 911 Center and City Ha ll, increasing t h e systems capability and speed , adding t h at the P olice Department is still using a DSL line . He stated that in order to continue t he continui ty of the project and tie all enti ties together, the City is looking at wire l ess communication. He noted that the companies have made presentations regarding wireless i n the past , but added that 3 . r-(\· ...... , 2 f) .~I ,·; . •'.., \: v v ~ ·- -_ ... -.. -----CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7 :00 P.M. - 7 :35 P .M. one company has now agreed to do a test program . He stated that if the City does not choose to have wireless communication, additi onal DSL line~• would have to be used to connect, for example, Fire Stations Two, Three and Four, which at this time are not connected to City Hall. He went on to note that the Martin Street Center, JBIP, Recycling, Ci ty Garage and Anima l Shelter are tied into the Internet system . He stated that thE! Ci ty i s investigating to see if a City wide system can happen in a reasonable and cost effective manner. He noted that the City webs ite is on line, but continues as a work in progress, pointing out that the City Council minutes are published on the web. He noted that work is ongoin9 to expand the capabi lities that allow the citizens to interface with thE~ City through its website. He related that the administrative portion of the Co u r t system will move into the renovated "old Chamber building", so a lot of work has been done to upgrade their systems and tie them into the Police Department and City Hall. He then explained that the room in City Hall where the servers are l ocated was not designed to accommodate equipment that is h e at sensitive . He stated that the current setup ha s resulted in heat ing problems requiring constant adjustments. He stated that, hopefully , in the near future the City is looking at the possible expansion to City Ha l l providing a proper space for the servers system and to protect the~ investment as well as prolong the life of the system . He stated that there have been FCC requirements for imp l ementing th '~ "Enhanced 911" regarding the wireless system involving cell phones. H '~ explained that when someone makes a call, 911 can trace that call t o a number and a tower but that is as close as we can get to the location of the caller. He noted tha t by December 2005, the F CC is requiring that a cell phone call location be pinpointed between 100 to 300 feet . H·2 stated that the capability should be ava ilable in the next two wee ks . He stated that the City has the system and the software in place and now it is up to the various carriers to have that capability built in. He noted that the FCC is starting to put pressure on cell phone carriers to make sure their system is up and ready to tie together . He related a matter o f redundancy in the City's critical systems to tie between 911, the Police Department and Fire Department, saying that the City has a good syste m working, however , it is a single system and that it is hoped that the wireless wil l provide some redundancy if any of these systems go down. Discussion ensued regarding City Offices providing after hours voice mail to further accommodate communication needs, and i f there would be any possible benef i t to having the ho spital tie into the emergency system. Mayor Swaim comp l imented Barba ra Daniel 's work, n o ting that she has done a very good job . He stated that she stays busy running from one Department to the next, upgrading computers o n a regular basis and getting the proper software to maximize efficiency. 4 0 '"' f'\ 1 . I') .: u \J .J..1 ~ • • J • CITY OF JACKSONVI LLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7 :00 P.M . -7 :35 P.M . He then addressed the is s ue earlier mentioned r ega rding tempe ratu re stability for the equipment. He noted that the c urrent situation is not only hard on the equ ipment ; it is hard on the personnel who have to be in the same room. He noted that Ms. Daniel's cubical is approximately 6 ' X 6 ', which inc l udes the syste m's hardware. He n oted that wh i le the system must be kept at a cool temperature, it puts o ff a l ot of heat . He stated that while the r es t of the office is complaining about t he cold temperatu re , the heat bothers Ms . Dan iel . He stated that the City has worked with the Housing Facilities Board who has tent a tively a greed to let the City u se some of thei r funds t o expand City Hal l to correct those types of situations. c. UPDATE Current & Potential Residential Developments in the City City Engine er Whisker presented photographs o f areas regardi ng growth in the City . He reviewed the subdivision of Crooked Creek, saying that the P lanning Commission and Ci ty Counci l approved the final plat last year a nd of the 67 app roved lo ts there is onl y one left available for sale . He re la ted that a portion o f t he Fo rest Oaks Subdivision has b een preliminary platted regarding 28 l o ts, pointing out t hat street construction has b egun . He then noted that t he 22 lot Phas e IV of t he Co llenwood Subdivision was approved in January 03 ', and there are three lots avai l able f or construction . He related that Clover Ri dge S ubdivision PH II was p re liminar y platted t hrough the Planni ng Comm i ssion two months ago and will offer 56 lots following final plat acceptance . He stated that the Weste rn Hil ls Subd i vision was fina l p l a t ted in December 2002 and that between both phases there are five lots left to be built f r om the 57 originally approved . He stated that the City continues to gro w r es idential l y. He then n oted that the Western Hills , Collen wood, Oakridge Ranch , Smal l Oaks and Clover Ridg e Subdivisions have all reached their full growth potential regard ing thei r boundaries . He stated that Northlake , Crooked Creek and Forest Oaks Subdivi sion do have room to expand their boundaries . He related tha t the Forest Oaks Subdivi sion is i n t he preliminary p l a t stage consisting of 28 lots but has t he potential for an additional 156 l ots, and that the Crooked Creek Subdi vision has a completed capacity for 94 lots . He stated that further expansion of the Forest Oaks and Crooked Creek Subd ivisions is conti ngent on util i ty availability regarding the West Inter cept or Line being constructed by the Wastewate r Department . In r esponse to a question regarding the West Interceptor Line, Mayor Swaim stated that the project is part of t h e sewer r ate increase t hat i s scheduled out, but added t h at with advanced funding through the Housing F acilities Board and Economi c Development funds the pro j ect is proposed to go on l i ne in late 2004 , early 2005. City Engine er Whiske r cont inued that t h e majority of l ots available for con s t ruction currently are l ocated i n the No r thlake a n d Oa k Ridge Ranc h Subdivisions . He stated that the Northlake S ubdivi sion has approximately 100 l ots that can be expanded from its original plan in the 70 's. Mayo r S waim noted that there has been some consideration to make Forest Oaks a gated community. 5 .oool-1 4 APPOINTMENT(S): BOARD OF ADJUSTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5 , 2004 7 :00 P .M . -7:35 P .M. Alderman Wilson moved, seconded by Alderman Howard to approve the! reappointment of Martha Boyd for a term to expire February 5, 2007 . MOTION CARRIED. ANNOUNCEMENT(S): May or Swaim announced City Hall will be c l osed Mo n day, February 16th for Presidents Day. Mayor Sw a im recognized newly appo inted Chief Robert Baker . Council applauded his appointment. The Ci t y Alderman Fletcher vo i ced con cerns regarding unsightly utility pol es alonq Ma in Street, noting that they have aged and begun to lean . Mayor Swaim re l ated that a Downtown Organization was formed approximately five years ago but did not receive a lot of participation. He cautioned the legality of the City's ability to be fina ncial l y invo l ved, adding that it would mainly require a commi t ment from the area business ow ners. He re lated that an improvement district or a Tax Increment Financi nq (TIF) District has been suggested. He sta ted that it will require a financial investment from the property ow ners as well as cooperation fr~n the City. He noted that it would cost several millions to have th·~ utilities relocated underground . Cha mbe r of Comm e rce Director Bonita Rownd stated that she feels thos·~ involved are beginning to real i ze they will need to reinves t and that the sentiment is o n e of excitement rega rdi ng the new constructi on on Mai~ S t reet. She stated that a r edevelopment d istrict i s probably near, i nviting City Council to attend the next meeting scheduled February 25t h, 11 :30 a.m. at the Chamber o f Commerce . Mayor Swa i m stated t hat the re is a lot of excitement regardi ng new venues for Jacksonville adding that t here is the possibility of another new bui l d i ng downtown. He then asked the City Council to remember t hat the City had UALR students work on streetscapes for Jacksonville , po i nting out that it is not that there has not been eff ort; there has not been any success. He pointed out that Walgr eens has taken the first s tep and hopefully that wi ll generate enthusiasm a nd g et people will i ng to i nvest money in downtown . He posed the question of where to define t h e district, and explained current issued regarding T21 funds for sidewalks not yet approved by Congress. He noted that First Arkansas Bank has t h e biggest investment on Main Street, and recognize d them for rebuilding in t h e area. He reiterated t h e need for area property owners to inv es t and t he possibility of a TIF , noting the legalit y of the City 's involvement and grant funds . He stated that there has never been a TIF in the State , but added t hat if the Ci t y Council we re wil ling to be the firs t and suffer any Court challenges then h e would also be will i ng . He noted that a Tax Increment Financing was made available through the last legislative s e ssion, adding that it is not an answer to every problem regarding d owntown but it could help prope rty owners i f they are will ing t o put money into it . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2004 7:00 P .M. -7:35 P.M . Chamber of Commerce Di rector Bonita Rownd expla ined that when a TIF i s attached, property values are frozen at c u rrent levels. She pointed out that school districts or a ny entity receiving County funds would continue to receive that same funding , adding that in some instances it could be valuable to them because if an area is deteriorating the leve ls could fall over the next period of years . She added that once a TIF is passed, t he amoun t t he property begins to increase in value, because of the improvements , is captu red above that base rate to begi n repayment of the bond issue used to f i nance the p r oject. Mayor Swaim agreed , pointing out that taxes wou ld increase for business property ow ner s in the area as their property is impr oved ; wh ich i s why it is crucial t o have a "buy in" f rom all the propert y owners i nvolved within the defined T IF a re a regarding its feasib ility. He stated that while the there is an advantage to a TIF , there is the tax i n crea se disadvantage. He no ted tha t TIF's have wo rked in o ther states, but has not been done in Arkansas yet . ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at approximately 7 :35p.m. 7 ·0-0-0118 City Council Of Jacksonville, Arkansas AGENDA 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Police Department Fire Department 6. WATER DEPARTMENT: Regular City Council Meeting February 19, 2004 7:00P.M . Regular City Council Meeting February 5, 2004 Regular City Council Meeting January 15, 2004 Regular Monthly Report/January Chief Robert Baker Regular Monthly Report/January Chief John Vanderhoof 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT : 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12 . PARKS & REC. DEPT: 13. PLANNING COMMISSION : 14 . GENERAL: 15 . APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT : a . ORDINANCE 1219 (#3-04 ) Abandoning an easement in the Northgate Subdivision (Mayor Swaim) b. ORDINANCE 1220 (#4-04) Amending JMC § 18.76 promulgating regu lations and rules regarding the usage of signs (Alderman Smith) c. Strategic Partnership in Human Resource presented by Human Resource Director Charlie Brown (Mayor Swaim) CITY OF JACK S ONV I LLE REGULAR CITY COUNCIL MEETING FEBRUARY 1 9 , 2004 7 :00 P.M . -7: P.M . REGULAR CITY COUNCIL MEETING - CI TY HALL -#1 MUNICIPAL DRIVE The City Council of the City o f Jacksonville , Arkansas met in Regular Session on February 19, 2004 at the regular meeting place of the Council . Alderman Stroud de l ivered the invocati o n and Mayor Swaim led a standing audience in the "Pledge of Al l egiance " to the flag. ROLL CALL: Al dermen: Elliott , Smith , Lewis, Sansing, Ray , Wilson , Fletcher, Stroud, Twitty , and Howard answered roll ca l l. Mayor Swaim a l so answered ROLL CALL declar ing a quorum. PRESEN T ten (10), ABSENT (0). Others presen t for the meeting were: City Attorney Bobby Bamburg, Deputy Cl erk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, F i nance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Direc tor Theresa Watson, Parks and Recreation Di rector George Biggs, Chamber of Commerce Director Bonita Ro wnd, P ol ice Chief Baker , Fire Chief Vanderhoof, Jus tice of the Peace Dennis Sobba , Planning Commission Chai r man Art Brannen, Mr . Charles Myers, Judy Swaim , Edith Smith , Lendy Lewis , Larry Smith, David McCl anahan , interested citizens and members of t he press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Re gular City Council meeting of Febr uary 5 , 2004 for approval and/or correction at the next Regu l arly Scheduled City Council Meeting . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Stroud moved, seconded by Alderman Wilson that the minu tes of the Regular City Council Meeti ng of 15 January 200 4 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ell i ott moved, seconded by Al derman Ray to approve the Regular Monthly Report for January 2004. Said report reflects the Total Va l ue of Repo r ted Stolen Property $65,559. Tota l Value of Recovered Stolen Property $67,208 and Total Report Sales $492.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman E l l i ott moved, seconded by Al derman Ray to approve the Regu l ar Monthly Report for January 2004 from the Jacksonvil l e Fire Department , which reflects a fire loss of $66,600 and a s avings total of $1 ,818 ,500.00 . ROLL CALL : Aldermen Elliott , Smith, Lewis , Sansin g, Ray, Wi l son , Fletcher, Stroud , Twitty and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : SANITATION DEPARTMENT : 1 STREET DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL : ORDINANCE 1219 (#3-04) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2004 7 :00 P .M. - 7 : P .M. AN ORDINANCE ABANDON I NG PUBLIC RIGHT-OF-WAY EASEMENTS LOCATED IN THE! NORTHGATE SUBDIVISION , JACKSONVILLE, ARKANSAS (GENERAL LOCATION: ~. PROPERTY LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH FIRST STREET AND NORTHGATE DRIVE ; JACKSONVILLE , ARKANSAS); DECLARING AN EMERGENCY; AND , FOR OTHER PURPOSES . Alde rman Sm i t h moved , seconded by Alderman Elliott t hat Ordinance 1219 be placed on FIRST READ I NG. ROLL CALL : Al derman Elliott , Smith , Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Tw i tty, and Howard voted AYE .. NAY ( 0) • MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 12 1 9 . Alderman Sm i th moved, seconded by Alderman Howard that Ordinance 1219 bE':) APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Sm i th, Lewis , Sansin g, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Al derman Stroud moved, seconded by Alderman Wi lson that Ordinance 1219 b!:! p l aced on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sans i ng , Ray, Wi lson, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0}. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1 219. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1219 b•:'! placed on THIRD and FINAL READING. ROLL CALL: Alderman Elli ott, Smith, Lewis , Sansing, Ray , Wilson, Fletcher, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1219. Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1219 be APPROVED AND ADOPTED . ROLL CALL : Alderman E 11 i ott, Smith , Lewis, San sing , Ray , Wilson, Fletcher, Stroud, Twi tty, and Howard voted AYE . NAY (0}. MOTION CARRIED. Alderman Smith moved, seconded by Al derman Ray that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL : Alder man Elliott, Smith , Lewis , Sans ing , Ray , Wilson, F l etcher, Stroud, Twit t y, and Howa r d voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1219 THIS 19a DAY OF FEBRUARY 2004 . b. ORDINANCE 1220 (#4-04) AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §18.76; PROMULGATING REGULATIONS AND RULES REGARDING THE USAGE OF SIGNS WITHIN THE CITY OF JACKSONV I LLE ; AND, FOR OTHER PURPOSES . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2004 7:00 P.M . -7:54 P .M. Alderman Smith moved , seconded by Alderman Sansing that Ordinance 1220 be placed on FIRST READING . The City Council viewed a Power Point presentation regarding ex isting signage in the City. Alderman Stroud related that during a seminar with realtors, banke rs and appraisers held at the Chamber of Comme rce, it was discussed that enforcement of present City ordinances would encourage property values . He noted the progress of the cleanup Ordinance; pointing out tha t a new Code Enforcement officer was h ired, 3,585 grass letters have been sent with the City mowing 355 of those properties , 1,987 trash letters have be en sent and more than 1 ,396 junk cars were tagged with 1 40 being towed by City . He mentioned the passage of the Landscaping Ordi nance to help be autify Jacksonville . He then stated that a sign Ordinance ties in with previous efforts , noti ng the goal to make the sign Ordinance fair to al l businesses while addre ssin g aesthetics and sa fe ty, a s well as the new techn o l ogy of electronic signage. He reviewed prob l em signage as depicted in the Power Pointe presentation mentioning yard sale signs being attached to telephone poles, not removed or discarded in the r ights-of-way c reating p r oblems for City mowers . He t hen addressed portable signs being prohibited, unsafe signage, mul tipl e signage, ma i ntenance and abandoned signage . He then addressed banners poi nt ing out t hei r use in the car industry and others that use banners in rights- of-way, mentioning maintenance issues. He stated that a clean city is a ma rketable city , that attracts upscale restaurants , bette r paying jobs, lowers the crime rate and vandalism . He noted t hat banner s present l y have to be mounted to the business or a ttached to poles. Alderman Smith noted that the definitions have been expanded to encompass e l ectronic informat i onal signs, a dding that no signs were grandfathered unless there were previ ously granted a vari ance by t he Board of Adjustment. He related that the Ordinance allows businesses to have banners as long as they are professional and not i n disrepair. He stated that the Ordinance a l lows two d irectional signs, and that portable signage is prohibited or must be fully encased , made perma nent and approved by the City Engineer. He stated t hat religious events could be advertised twice a year, wi t h no more t han one sign p er lot, displayed no earlier than three weeks before the event and removed no later than o ne week fo llowing the event . He stated that fines have been increased for non-compliance, and that no billboard can be constructed withou t approval by the Board of Ad justment. He requested t hat under the definition of banner, that the word "building" be replaced with the word "business". He suggested that the Ordinance be passed on first reading and allow the City Counci l time to study the Ordinance for further input . He thanked the Sign Committee for thei r time and contributions. City Attorney Bamburg clarified that any sign that has obtained a permi t appropr i ate l y through the City would be in compliance, adding that t he only signage that will be asked to come into the compliance will be s ignage that is not in complian ce without a variance. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2004 7 :00 P.M. -7:54 P .M. In response to a question posed by Alderman Wilson, City Attorney Bambur9 related that if the Ordinance is adopted, Code Enforcement would make a l i st of signs that are not compliant regarding any variance or permit. He related that notices would be sent to the owners giving them 18 0 day~; to bring t h e sign into compliance or seek a variance from the Board o f Adjustment . Mayor Swaim then answered Alderman Wilson that a time factor has not been determined yet, adding that the only way the Ordinance can be enforced with present staff is on a time available basis . He stated that it may seem to some that the City is not enforcing it equa lly because of the gaps between times, but it wi l l be enforced as Code Enforcement has avai l able time to do so. Alderman Smith mentioned concerns for grandfathering existing s ignage ,. adding that it was not something that the Committee was in fav or of; but the City Council could decide to grandfathered signage as part of the Ordinance. Mayor Swaim noted that non -conforming signage wou l d be the issues, adding that Code Enforcement would make the determination and then take the steps described by City Attorney Bamburg. In response to a question posed by Alderman Wilson, City Engineer Whiske.r::- related that the section regarding bi l lboards has not changed from the present Ordinance , adding that it has always been a requirement that billboards be approved by the Board of Adjustment . ROLL CALL : Alderman Elliott , Smith, Lewis , Sansing, Ray, Wilson, F l etche r , S t roud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1220. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1220 b~ APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing, Ray, Wilson, Fletche r , Stroud, Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . c . STRATEGIC PARTNERSHIP IN HUMAN RESOURCE Human Resource Director Charlie Brown thanked the Ci ty Council for the opportunity to disseminate the strategi c partnership in Human Resource. He stated that in dealing with peop l e the "personnel" title did not fit as we l l as "Human Resources". He related that t he strategic importance of Human Resource is being a partner to better serve the employees and c i tizens. He stat ed that the partnership perspect ive is termed the Human Resource Tri ad. He noted that a key part of their responsibi l ities is Health, Safety, Security and to look ahead at reoccurring themes . He stated that Human Resource is the available talents and energies of our employees, which contributes to t he creation and realization of the City's mission, vision and goals. He stated that employees are the 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2004 7:00 P .M. - 7 :54 P.M . City's most valuable resource . He then related that the triad involves the Human Resource Department, Department Directors, and Ci t y Employees, pointing out that the Human Resource Department assures the fair treatment of all the employees and some shared responsib i lities between t he Directors and Human Resources and City employees to work as a team toward City goals. He stated that the Human Resource responsibi lities include regulatory compliance, employee relations, heal t h , safety & security, payroll & benefits, State unemployment insurance management, employee records , Human Resource information management and Workers Compensation . He stated that regulatory compl i ance requires Human Resource to ensure that the City is following the Federal and State Statutes regarding FMLA (family medical l eave act), Title VII (Civil Rights Act), FLSA (Fa i r Labor Standards Act), DOL (Department of Labor ), IRCA (Immigration Reform Control Act). He related that employee relations address job descriptions , employee h andbook, supervisor operations manual, employee complaint resolution, employee communication, staffing assistance, and turnover analysis. He then stated that working the health, safety and security program aggressively allows f or more productivity, increased efficiency and reduction of the medical insurance costs, and lowers workers compensation rates to offer the City greater flexibility. He related hazards in health, safety and security regarding occupational acciden ts and occupational diseases that can affect the Fire, Police and Sanitation emp l oyees . He added that improvement strategies include monitoring safety and health incidences, their frequency and severity rates along with measuring ergonomics , behav i or modification and the imp l eme ntati on of a safety-working group . He addressed strategies to reduce the incidence of diseases by keeping good records and monitoring exposures . He then related that the City is a direct reimbursable account regarding State unemployment, which means the Human Resource Department takes a very aggressive approach to ma n aging that as a benefit . He stated that employee records are a key function in the Human Resource Information Computer Management System . He noted that in March 1993 the City first began using the ABRA System interfaced with payroll and finance , which later became a data base for Human Resource and is an ongoing project between Human Resource, Finance and the information techn ica l area. He related that the y monitor Payrol l , Benefits and a competitive pay policy constant ly to help maintain bet ter employees . He related that a statement of direct compensation and employee benefits is provided. He stated that other benefits that attract and retain good employees are the AFLAC insurance, a Cafeteria Plan, and paid time o f f accruals , which al l serve to enhance the City's image as an employer of choice. He stated that Human Resources is looking at additional functions to become more proactive toward employees regarding the development of employee assistance programs that dea l s with some issues that affects an employees job performance as well as less risk exposure to keep expenses down . He reviewed the specialized training conducted by Human Resource including harassment training and supervisory training. He related that Human Resource always has recurring themes regarding employee relations , adding t ha t he is convinced that paying attention to the employee makes them better 5 00 (\'~ 2"' · .. u J:.. c. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2004 7:00 P .M . -7:54 P.M . emp loyees. He noted that training and development is provided to employees regarding career tracking to help them see where they can advance as opportunities become available. He noted that Human Resource conducts a compe nsat ion group to perfom surveys ba sed on ordinances passed by t he City Counc il. In response to a question posed by Alderman Wilson, Director Brown stated that supervisory training is accomplished through a multitude of avenues including inside and outs ide specialized supervisor training . He added that those programs are constantly reviewed to ensure quality . He then responded that promotion and tra ining issues are coordinated by himself and the Director with the individual understanding that compensation is going to be closely related to training and how well they perform their job given defined expectations . In response to a question posed by Alderman Stroud, Director Brown re l ated that the City was not doing very wel l two years ago regardinq Fire and Police turnover , but over the last year the turnover rate weni: from 21% down to less than 11%, with no turnovers in the Police Department in the last six months. Mayor Swaim re lated that prior to Mr. Brown 's tenure , t he City used an 18 hour middle and higher level management training course, ment ioning also the annual training oppo rtunities provided by Arkansas Municipal League and noting a Planning Comm ission seminar attended today by many Planning Commissioners, City Engineer Whisker and the City Clerk. Mayor Swaim introduced an informational item, relating that he and Chamber of Commerce Director Bonita Rownd showed available sites to a prospect today. He stated that after viewing several available property sites and ascertaining t he availability of utilities and transportat i on , they asked to see the areas of the lowest price rental and the lowest price sale of property. He pointed out that this is not unusual , adding that it is part of the decision making process, and people want to know about the qual ity of life in a community . He related that the he wanted to mention this because often people get upset about the City condemning homes, adding that the prospect regarded such action by a c ity to be a sign of improvement. He related that the p rospect had sa id that one o f the ways they make their decision is to go into an area that is run down and determine if there is any effort on the city's behalf t o improv e the area. He stated that the prospect also related that if there are efforts to improve the area, such as Jacksonvi lle has d one , then it he lps in the decision making process. Mayor Swaim then related that while some people misunderstand the City 's motives, when people look at our City to locate an industry, business or a place to live it is important that they know that the City is working on any problems it may have. He added that t h e prospect is also looking at other cities and other states . He stated that he did want to let everyone know that the condemnations and clean ups were recognized as an improvement process. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2004 7:00 P .M. -7:54 P.M . Alderman Fletcher offered that the formation of an education committee might address o ther needs in the community rega r d i ng local schools, the education facility and the adult education center . He stressed the importance these issues have relating to the entire community, po int i ng out the need to bring a coh esive plan of e f forts together to benefit educational venues and the school children. Mayor Swaim related that the organization fo rme d to create a sepa rate school district still exists and is raising funds toward a mill ion dollar annuity to address those issues. He stated that the organization has approximately two hundred plus thousand dollars that has been donated by local business , lending institutions and organizat i on members . He the n recogni zed the Chamber of Commerce Educat i on Committee, which also works to improve educational issues in Jacksonville . He noted that the public is invited and encouraged to be involved. He stated that there was a meeting last week with Dr. Henderson to discuss improvement issues and to bring out issues of difference. He stated that as a consequence of that meeting , Dr. Henderson has set another meeting t o seek solutions. He related that Dr. Henderson had been very fran k in stating that the so l ution to the problem is money . He stated that imp rovements costs a lot of money , adding that that there is major effort to address the problems. He stated that Chamber of Commerce Director Bonita Rownd can at t est that education was a prime interest from the prospect today . He added that the quality of education enters into al l of the efforts to upgrade Jacksonville. He stated that he fee l s those efforts are best served through the Chamber of Commerce or the Jacksonville Education Foundation . He noted that Aldermen Stroud and Wilson are invo l ved with those entities , adding that everyone is invited to join. He re l ated that some memb e rs have already donated, he then encourage everyone to support organizations already in place and be more active and participator ier. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:54p.m . Respectfully , 7 00 0124 City Council Of Jacksonville , Arkansas AGENDA Regular City Council Meeting 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF M INUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Engineering Department 6 . WATER DEPARTMENT: March 4, 2004 7:00P.M. Regular City Council Meeting February 19, 2004 Regular City Council Meeting February 5, 2004 Regular Monthly Report/February City Engineer Whisker 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12 . PARKS & REG. DEPT: 13 . PLANNING COMMISSION : 14 . GENERAL: a . Request to Accept Bid: Traffic Signal Lamps (Mayor Swaim) b. Request to Accept Bid : Reflective Sheeting (Mayor Swaim) c . Request to Accept Bid : Pipe Installation on Lonsdale Circle (Mayor Swaim) d . Request to Accept Bid: Stanphil Road Construction (Mayor Swaim) a. SECOND READING ORDINANCE 1220 (#4-04) Amending JMC § 18 .76 prom u lgating regulations and rules regard ing the usage of signs (Alderman Smith) City Council Agenda : March 4, 2004 GENERAL continued: b. c . 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT: ORDINANCE 1221 (#5-04) Modifying zoning provisions in the Jacksonville Municipal Code § 18.24.040 & 18.68 Building Setback Requirements in Gated Communities (Alderman Stroud) ORDINANCE 1222 (#6-04) Placing the issue of four (4) year terms for Alderman on the Primary Ballot Election (Alderman Howard) 25 26-27 0 0 f1 1. r , h . u~t:.-v CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4 , 2004 7 :00 P .M. - 7 :3 3 P .M. REGULAR CITY COUNCIL MEETI NG -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville , Arkansas met in Regular Session on March 4, 2004 at the regu l ar meeting place of the Council. Alderman Ray delivered the invocati on and Mayor Swaim led a standinsr audience in the "Pledge of Allegianceu to the f lag. ROLL CALL : Aldermen : Elliott , Smith , Sansin g , Ray, Fletcher, Stroud, and Howard answered rol l call . Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis , Wilson and Twitty were absent. PRESENT seven (7), ABSENT (3). Mayor Swaim stated that Alderman Lewis was traveling to the National League of Cities meeting in Was h ington, and that Alderman Twitty is ill . He then related t hat Alderman Wilson has aske d him to explain a conflict: in scheduling that will not allow him to at t end some future City Counci~ meetings and has submitted a letter resigning h is position as Alderman effective immediately. He stated that Alderman Wilson complimented the Ci t y Council in his letter and the time he served as Alderman . He noted that Alde r man Wilson served 27 years 2 months of the past 30 years . He stated that Al derman Wilson expressed in h i s letter that he did not fee l comf ortable regar ding the scheduling confl i c t of not being able to attend all the City Coun cil meetings . Mayor Swa i m stated that it is the responsibility of the City Counci l to appoint a replacement from Ward 3 to serve the remainder of Alderman Wilson 's term, adding that the appointee would be eligible to seek the position through the next General Election in November. Al d erman Fletche r and other City Council members expressed appreciation for Alderman Wilson 's service to t he Community and regret for the loss o:E his dedication . Others present for the meeting were: City At torney Bobby Bamburg , Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Huma~ Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson , P arks and Rec r eation Director George Bi ggs, Chamber of Commerce Direct or Bonita Rownd , Pol ice Chief Baker, Fire Chief Vanderhoof, Judy Swaim, Edith Smith, Lendy Lewis, Linda Rinker, Larry Sm i th, David McClanahan, Sid Gra y, interested citizens and members of th-3 press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regular City Council meeting of F ebruary 19 , 2004 for approva l and/or correcti on at the n ext Regular~y Sch eduled City Council Meeting . 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4 , 2004 7:00 P.M . -7:33 P .M. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved , seconded by Alderman Stroud that the minutes of the Regular City Council Meeti ng of 5 February 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT /ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve the Regu l ar Month ly Report for February 2004. Said report reflects : PERMITS/LICENSE ISSUED Bui lding Permits Business License 19 12 UNSIGHTLY & UNSANITARY Grass Letters 0 0 61 0 $525.00 Property Mowed Trash Letters Tras h Removal Cost for December INSPECTIONS PREFORMED Building Inspections HVACR Plumbing Electrical VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made Demolitions 71 36 73 67 44 2 7 0 0 ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Fletcher , Stroud , and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT : POLICE DEPARTMENT: SANITATION DEPARTMENT : STREET DEPARTMENT: a . Request to Accept Bid Traffic Signal Lamps Alderman Stroud moved seconded by Alderman Howard to accept the low bid from Traffic Parts , Inc. in the amount of $15 ,275 .00 with funds to be drawn from the Street Department fund. MOTION CARRIED . b . Request to Accept Bid Reflective Sheeting Alderman Smith moved, seconded by Alderman Stroud to accept the low bid from 3M in the amount of $11,909.87 with funds to be drawn from the Street Department fund . MOTION CARRIED . c . Request to Accept Bid Pipe Installation on Lonsdale City Engineer Whisker related that a pipe between two residences on Lo nsdale has rusted out and i s causing sinkholes on both sides of the residences . He stated that the proposition is to run a pipe inside the existing pipe . He explained that the difference in bid prices might be attributed to the low bidder performing this type of work more often . He noted that the pipe would be a 24 " pipe . 2 000128 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P .M. - 7 :33 P.M. Mayor Swaim noted that the City has used the low bidding in the past anc the City is comfortable with the low bid . He noted t hat the bid is a total job bid. Alderman Stroud moved , seconded by Alderman Ray to accept the low bid from Building Utility in the amount of $10 ,500.00 with funds to be drawn from the Street Department fund . MOTION CARRIED. d. Request to Accept Bid Stanphill Road Mayor Swaim related that the project has been on going for several years, recounting that the City purchased and demo l ished a house in order to change the l ocation of the end of Stanphil Road where it intersects with Hi ghway 292. He stated that i t has been a very dangerous intersection regarding v i sibil i ty for traffic ent er ing be l ow the h i ll against on coming traffic . Alderman Stroud moved , seconded by Alderman Howard to accept the low bici from JCI, Inc . in the amount of $42,507 .00 with funds to be drawn from the Street Department fund . MOTION CARRIED. PARKS & RECREATION: PLANNING COMMISSION : GENERAL : a . ORDINANCE 1220 (#4-04) SECOND READING AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §18 .76 ; PROMULGATING REGULATIONS AND RULES REGARDING THE USAGE OF SIGNS WITHIN THE CITY OF JACKSONVILLE ; AND, FOR OTHER PURPOSES . Ma yor Swaim rela ted that Ordinance 1220 is o n Second Reading, addi ng tha·: he did not receive any citizenry input since the first reading of the Ordi nance . Alderman Smith poi nted out the updated matrix regarding Ord i nance 1220; he then introduced two amendments to the Ordinance. He proposed tha·t the definition of Banner be changed to read "A sign made of l ightwe ight f abri c or a non-ri gid similar material(s) that i s attached to a business at two (2) or more edges used for the purpose of advertising a business, product , service , etc ." City Attorney Bamburg address e d the second proposed amendment, relatin9 that the addi tiona l language proposed as an amendment would include an additional sentence under tha t subsection . He stated that it would rea.j "Banners utilized by educational, non-profit and/or religious org anizations within the scope of the terms of this ordi nance may be attached to two (2) or more poles if placed away from a buildi ng." Al derman Smith moved, seconded by Alderman Sansing that Ordinance 1220 be placed on SECOND READING. 3 O:JO .t29 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7 :00 P.M . - 7 :33 P.M . Alderman Smith moved, seconded by Alderman Stroud to accept the amendments to Ordinance 1220 as proposed . ROLL CALL : Alderman E lliott, Sm ith, Sansing, Ray, Fl etcher , Stro ud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon Cit y Attorney Bambu r g read the heading of Ordi nance 1 2 2 0 . Al derman Stroud moved, seconded by Alderman Howard t hat Ordinance 1220 be placed on THIRD and FINAL READING as amended. ROLL CALL : Alderman Ell i ott , Sm ith , Sansing , Ray, Fletcher, St r oud , and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1 220 . Alderman Stroud moved , seconded by Alde rman Ra y that Ordinance 1220 be APPROVED AND ADOPTED as amended. ROLL CALL : Alderma n El li ott, Sm i th, Sansing, Ray , Fletc h er , Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1220 THIS 4 H DAY OF MARCH 2004. b . ORDINANCE 1221 (#5 -04) AN ORDINANCE MODIFYING ZONING PROVISIONS IN JACKSONVILLE MUNICIPAL CODE §18 .24 .040 AND §18.68 (CHART #1) TO MODIFY BUILDING SETBACK REQUIREMENTS IN GATED COMMUNITIES WITHIN THE CITY OF JACKSONVILLE; AND , FOR OTHER PURPOSES. Alderman Stroud stated that he feels Ordinance 1221 would offer the opportunity f or developers to developer a better quality subdivi s i on . He noted t ha t the Ordinance would only apply to gated communit i es, chang i ng the 35 ' front yard se t back to a 25 ' front yard se tback . He proposed an amen dment under Sect i on One and Section Tw o , askin g t hat the wording be changed from "frontage ," to "front" and t h e word "street" before the word "f rontage" be omitted. It was n oted that a corner lot woul d still carry the minimum fifteen (15) foot side yard setback . Al derma n St roud moved, seconded by Alderman Smith that Ordinance 1221 be placed on FIRST READING as amended . ROLL CALL : Alderman Elliott, Smith, Sansing, Ra y, Fletcher , St r oud, and Howard voted AYE . NAY (0). MO TION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1221. Alderman Smith move d, seconded by Alderman Sansing that Ordin ance 1 221 be APPROVED on FIRST READING as amended . ROLL CALL: Alderman E lliott, Smith, Sans i ng, Ray , F l etch e r, Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray t hat Ordinance 1221 be placed on SECOND READING as amended . ROLL CALL: Alderman Elliott, Sm i th, Sansing, Ray , Fl etch er , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City At t orney Bamburg read t h e heading of Ord i nance 1 221 . 4 0. r" •. oq ') o u __ J CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7 :00 P.M . -7:33 P.M . Al derman Stroud moved, seconded by Alderman Smith that Ordinance 1221 be p laced on THIRD and FINAL READING as amended. In response to a question from David McClanahan, Mayor Swaim related that: the Ordinance is restricted t o gated commun i ties . He stated that the Ordi nance is competitive in nature , exp lainin g that surroundin~r communities offer 25' front yard setbacks . Alderman Fletcher stated that Jacksonville is the onl y community t hat he is aware of that still has a 35' setback . He then pointed out that Jacksonville has subdivisions that also feature a 35 ' f ront yard setback. Mr . McClanahan questioned if by encouraging builders to build houses with small yards , would they remain vacant where the prices eventually go down, driv i ng down pr opert y va l ues in that area . Alderman F letcher stated that he is currently building three h o uses in the Mi ller Cr oss i ng Subdivision i n ano t h e r community t hat are be i nq appraised at approximately $103.00 per squa re foot. He stated t h a t the development has 25' front yard setbacks and the hou ses a re se l l ing like "hot cakesn. He stated that there are buyers who do not want a large yard to have to maintain . He then re lated that the market offers different types of developments to meet different needs , add i ng that t he homebuye r dictates what the market off ers . Ma y or Swa i m stated that this type of development wou ld allow a larger square foot home to be built on a smaller lot, adding t hat many older homebuyers do not want the maintenance o f a large front yard . Alderman Ray stated t hat the Ordinance of fers t he deve lop er a~ opportunity to plan a 25 ' front yard de v elopme nt wi t hout h aving to apply for a va ri ance through the Board of Adjustment . ROLL CALL : Alderman Elliott , Smith, Sansing , Ray, Fletcher , Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Att orney Bamburg read t he heading of Ordina nce 1221 . Alderman Stroud move d , seconded by Alderman Ray that Ordi nance 1221 be APPROVED AND ADOPTED as amended . ROLL CALL : Alderman E lliott , Smith, Lewis, Sansing , Ray, Fle tcher , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1221 THIS 4 8 DAY OF MARCH 2004. c . ORDINANCE 1222 (#6-04) AN ORDINANCE PLACING THE ISSUE OF FOUR (4) YEAR TERMS FOR ALDERMAN ON THE MAY 18, 2004 PRIMARY ELECTION BALLOT FOR THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES. 5 0 r.J n ·! ') 1 ... v_,_.;..l CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4 , 2004 7:00 P.M . -7:33 P.M . Ci ty Attorne y Bamb urg asked that before the City Council consider Ordinance 12 22 , tha t he would like them t o be aware of a new Attorney General 's opinion resul ting from a request of the Sa l ine County Prosecu tor regarding a sales tax election. He expla ine d that Saline County was inquiring if the question of a sales tax issue could be placed on the May Preferential Primary . He related tha t the Attorney General's op ini o n reads that while there i s no direct prohibition from doing so ; because o f the method that Primary elect ions are p aid and t hat the Primary i s partisan in nature; the item would have to b e on a separate ba llot with the city being obl igated t o pay the cost f or that portion of the El ection. He then related th a t no such requ irem e nt or obligation exist for an iss ue of that nature to be placed on the ba llot regardi ng t he November General Election. He then explained that since t h e Alderman positions are such t hat they would not ta ke affect until t h e General E l ection of 2006, the City Council may want to recons ide r the time factor, if the cost is a decision element . Mayor Swa im related that the City Council has the option to a me n d the Ordi nan ce to ref l ect t he question being placed on the November General Election and proceed with its consideration o f the Ordinance. I t was t he consensu s of t h e City Council to amend the dates of Ordinance 1222 and d i re ct that the quest ion of four (4) year terms for Aldermen be placed on the November Genera l El ection ballot. Alderman Howard stated that his reason for sponsoring the Ordinance was to have terms stagge red so t hat n ot al l members of the Ci ty Council wo u l d be running f or reelection at the same time . Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1222 be placed o n FIRST READING as amended . ROLL CALL : Alderman Elliott, Smith, Sansing, Ra y , F letcher , Stroud, and Ho wa rd voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o f Ordinan c e 1222. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1222 be APPROVED on FIRST READING as amended . ROLL CALL: Alderman E l l iott , Smi t h, San sing, Ray, Fletcher, Stroud , and Howard vo t ed AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1222 be pl aced on SECOND READING as amended . ROLL CALL: Alde r man El l iott , Smith, Sansing, Ra y , Fletcher, S troud, and Howard voted AY E. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 222. 6 000132 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 2004 7:00 P.M. - 7 :33 P .M. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1222 bE~ placed on THIRD and FINAL READING as amended . ROLL CALL : Alderman Ell i ott, Smith, Sansing, Ray , Fletcher, Stroud, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1222 . Alderman Howard moved, seconded by Alderman Stroud that Ordinance 1222 be APPROVED AND ADOPTED as amended . ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1222 THIS 4H DAY OF MARCH 2004 . ANNOUNCEMENT(S): Arkansas State Highway Needs Summary Ci ty Engineer Whisker reported that the Transportation Highway Department discussed the expenditure of tax do llars on va ri ous State projects . He stated that a survey is being offered on the Web at Arkansashighways.com for input regarding the expenditure of highway funds . He encouraged everyon e to participate in the sur vey regarding his or her local area. Mayo r Swaim stated that a copy of the survey would be available in the City Clerks Office . Alderman Sansing commended City Engineer Whisker re garding his work fo r the City. Condemnation Report Ci ty Engineer Whisker stated that some of the properties are makinq progress. He offered the City Council photographs of 162 Roosevelt Road , 117 Joiner Avenue , 1 15 East Boulevard, 190 Pike Circ le , 127 Galloway Circle , 109 Un i on Avenue, and 1 12 South Elm St r eet. He noted that some o f t he properties have passed their framing inspecti ons and t h en answered that the property owners granted extensions by the City Council have made mode ra te progress, wi t h some be ing further along and having completed the their siding . In re sponse to a comment from Alderman Smith, City Engineer Whiske ::- related that the 90 -day extens i on p eriod has expi r ed and that h e wou l d be seeking bids fo r demolition in the next two weeks for those structures that h ave not been completed. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting a it. approximately 7 :33 p .m. Respectfully , ~bJ~ MAYOR TOMMY SWAIM 7 City Council Of Jacksonville, Arkansas G-001°:_, -d J 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Police Department AGENDA Regular City Council Meeting March 18 , 2004 7:00P.M . Regular City Council Meeting March 4, 2004 Regular City Council Meeting February 19, 2004 Regular Monthly Report/February Chief Robert Baker Animal Control Department Regular Monthly Report/Feb ruary Public Works Director Jim Oakley Fire Department ,........._6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. G ENERAL: ...--. 5 . APPOINTM ENTS: 6. ANNOUNCEMENTS : ADJOURNMENT: a. b. Regular Monthly Report/February Chief John Vanderhoof Coach of the Year Awards (Mayor Swaim) ORDINANCE 1223 (#7-04) Reclassifying property in Phase IV of the Eastview Addition (Mayor Swaim) ALDERMAN APPOINTMENT of Linda Rinker to fill the remaining term of Larry Wilson (Ald erman Smith) 2003 CAPER Report for CDBG (ava ilable at meeting) (Mayor Swaim) Annual Health F air at the Community Center March 20, 2004 9:00a.m. to 12:00 p.m. 000~34 CI TY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 18 , 2004 7 :00 P.M. -7:22 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 March 18 , 2004 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen: Elliott, Smith, Sansing, Ray, Fletcher, Stroud, Twitty and Howa rd answered roll call . Mayor Swaim also answered ROLL CALL declaring a quorum . Alderman Lewis wa s absent. One seat open. PRESENT eight (8), ABSENT (1). Others present for the meeting were: City Attorney Bobby Bamburg, Deput~t Clerk Heather Pal ermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown , Finance Director Paul Mushrus h , City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Directo:c Theresa Watson, Parks and Recreation Director George Biggs, Chamber of Commerce Director Bonita Rownd , Police Chief Baker, Fire Chief Vanderhoof, Judy Swa im , Edith Smith, Linda Rinker, Larry Smith, David McClanahan, Sid Gray, interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regular City Council meeting of March 4, 2004 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 Stroud that the minutes of th·~ Regular City Council Meeting of 5 February 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT /POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to a pprove the Regular Monthly Report for February 2004. Said report reflects the Total Value o f Reported Stolen Property $70,102. Total Value of Recove r ed Stolen Property $41,230 and Total Report Sales $369.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for February 2004. Said report ref l ects: JANUARY ADOPTION/FINES: CONTRIBUT I ONS: TO TAL : REGULAR MONTHLY REPORT/FIRE DEPARTMENT $692.00 $ 0 .00 $592 .00 Alderman Ray moved, seconded by Alde rman Sansing to approve the Regular Monthly Report for February 2004 from the Jacksonville Fire Department, which reflects a fire loss of $23,500 and a savings total of $585,000 .00 . ' 1 000135 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 18 , 2004 7 :00 P.M. -7:22 P.M. ROLL CALL : Aldermen Elliott, Smith , Lewis , Sansing , Ray , Wilson , Fletcher, Stroud , Twitty and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT : PARKS & RECREATION: Coach of the Year Awards Parks and Recreation Director George Biggs recognized Commissioner John Fortenbury, adding that the Commiss i on Chairman is Marsha Dornblaser and Vice Chairman is Mike Dietz . Director Biggs presented the Softball Coach of the Year Award to Al Gall, and the Youth Soccer Coach of the Year Award to Mitch Long . He thanked the coaches for their dedication and volunteerism to the youth programs. Mayor Swaim expressed his apprec i ation to the Commissioners and the various volunteers, adding that without their assistance the City could not offer the youth programs. He stated that the programs occupy our youth and help get t hem involved in positive aspects . He recognized members of the audience as youths participating in the programs . PLANNING COMMISSION: GENERAL: a. ORDINANCE 1223 (#7-04) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS (GENERAL LOCATION: PROPERTY LYING BETWEEN THE RAILROAD AND GINA CIRCLE OFF OF SOUTH JAMES, JACKSONVILLE , ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND, FOR OTHER PURPOSES. City Engineer Whisker related that the property is Davis along James Street and is the completion related that the development started in the early was rezoned for mobile homes and zero l ot -line. located south of Wh it of Gina Ci rcle. He 80's and t h e property He no t ed the zoning request returns to the original plan of duplex development . Alderman Ell i ott moved, seconded by Alderman Stroud that Ordinance 1223 be placed on FIRST READING. In response to a question posed by Al derman Fletcher, City Engineer Whisker stated that the drainage flows back to the railroad ditch on the northeast corn e r of the property . ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Fletch e r, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1223 . 2 Oi\ .. r:J6 0 ulv CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 18, 2004 7 :00 P .M. -7:22 P.M. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1223 be APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith, Sansing, Ray, Fletcher, Stroud , Twitty and Howard voted AYE . NAY (0 ). MOTION CARRIED. Al derman Stroud moved , seconded by Alderman Ray that Ordinance 1 223 be placed on SECOND READ I NG. ROLL CALL : Alderman Elliott, Smith, Sansing, Ray , Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0) MOTION CARRIED. Whereupon City Attorney Bamburg read the h ead ing of Ordinance 1223. Alderman Stroud moved, seconded by Alderman Ray that Ordinan ce 1223 be placed on THIRD and FINAL READING . ROLL CALL : Alderman Elliott , Smith ,. San sing, Ray, Fletc her, Stroud , Twitty and Howard voted AYE . NAY (0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o:: Or dinance 1223. Alderman Stroud moved, seconded by Alderman San sing t hat Ordinance 1 223 be APPROVED AND ADOPTED . ROLL CALL : Alderman Ell i ott, Smith, Sansing ,. Ray, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1223 THIS 188 DAY OF MARCH 2004. GENERAL : a . Alderman Appointment of Linda Rinker Mayor Swaim stated that Mrs . Linda Rinker 's name has been submitted a .3 the Alderman appointment to fi l l the term of Larry Wilson. He asked if there were other names the City Council wish to submi t. Alderman Smith moved, seconded by Alderman Elliott to appoint Lind;a Rinker to fulfill the bal.ance of Alderman Larry Wil.son' s term . MOTIO:~ CARRIED. Mayor Swaim noted that Mrs. Rinker lives in Ward 3 and clarified t hat she would need to seek office in November to fol l owing t he current t erm. He then welcomed Mrs . Rinker to the City Counci l . b . 2003 CAPER Report for CDBG (Consolidated Annual Performance and Evaluation Report . CDBG Director Theresa Watson stated that the report is a summary of t h e work performed in 2003 regarding t he distr i b ut ion of CDBG and Home Program funds . She related that this the fourth yea r of t h e five year plan as adopted , adding that the plan is on schedule with the except ion of reducing the n umber of vacant commercial units . Mayor Swaim related that the program is not easy given t h e amount of money allocated, point ing out that there is always an effort to perform Community projects and revi talize homes in the area to c o ntinue affordable housing . He noted that Community Deve l opment Block Grant Funds generally range between $300,000 to $350,000 annua l ly, which 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 18 , 2004 7:00 P.M . -7 :22 P.M . i n cludes expenses for salaries. He related that most of the housing projects come in above $10 , 000 per home. He added that the City is thankful to receive funding, saying that it has helped the City keep project ongoing i n t he Sunnyside Hi l ls Addition . Alderman Howard moved , seconded by Alderman Stroud to approve the 2003 CAPER Report from the CDBG Department. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim announced t h at t h e Annual Health Fair will be held at the Community Center on March 20 , 2004 9:00 a.m . to 12:00 p.m. Parks and Recreation Director George Bigg s announced that additiona l ly Mr . Rob Regnas was chosen for the Baseball Coach of the Year Award. He then stated that the Health Fair act i vi t ies would be focused on the yout h , adding that the program is targeting child hood obesity and healthy lifestyl es. He encouraged everyone to atten d. Mayor Swaim announce d that April 3rct is the Annual City Clean-up Day, and that it would begin at the Chamber of Commerce followed by a lunch cook out . He stated that the City appreciates the volunteers that participate . ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:22 p .m. Respectfully, 4 00013 8 City Council Of Jacksonville, Arkansas 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: 6. WATER DEPARTMENT: AGENDA Regular City Council Meeting April1 , 2004 7:00P.M . Regular City Council Meeting March 18, 2004 Regular City Council Meeting March 4 , 2004 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REG. DEPT: 13 . PLANNING COMMISSION : 14. GENERAL: 15. APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT: a . b. Request to Accept Bid : Knuckle Boom Loading Truck (Mayo r Swaim) Request to Accept Bi d: High Compaction Refuse Truck (Mayor Swa im ) Request to Accept Bid: Community Center Roof (Mayor Swaim) avail at meeting. BRIEFING: Little Rock Air Force Base Economic Impact. (Mayor Swaim) JACKSONVILLE HOUSING AUTHORITY Appointment of Mr. Johnny Moory for a term to expire 3/17/2009 O:'"'ll1D9 .j '.) .1.. ...J CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1, 2004 7:00 P .M. - 7 :18 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 1, 2004 at the regular meeting place of the Council. Alderman Stroud delivered the i nvocation and Mayor Swaim l ed a standing audience in the "Pledge of Allegiance" to the f l ag. ROLL CALL : Al dermen: Elliott , Smith , Lewis , Sansing , Ray, Rinker, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CAL L declaring a quorum . Al derman Fletcher was absen t . PRESENT nine (9), ABSENT ( 1 ) . Ma yo r Swaim welcomed newly appointed Alderman Linda Rinker to the City Council. Others present for t he meeting were: City Attorney Bobby Bamburg, Finance Accountant Chery l Erkel, Director of Adm i nistration Murice Green , Human Resource Direct or Charlie Brown , Finance Director Paul Mushrush, City Engin eer Jay Whisker, Publ ic Works Director Jimmy Oakl ey, Parks and Recreation Directo r George Biggs, Police Chief Baker, F ire Chie f Vanderhoof , Judy Swaim, Edith Smith , Lendy Lew i s, Addie Gibson, Larry Smith, David McC lanahan, Sid Gray, interested citizens and members of the press . PRESENTATION OF MINUTES : Mayor Sw aim presente d the minutes of the Re gular City Co unc il meeting of March 18 , 2004 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 4 March 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : POLICE DEPARTMENT: DEVIATION IN AGENDA: GENERAL: Briefing from the LRAFB on Economic Impact Mayor Swaim stated that Little Rock Air Force Base has agreed to present a briefing regarding the Base 's e conomic impact o n the State and particularly the central Arkansas area . He introduced Major Bryce Thorpe and Ms. Cindy Maddox . Major Thorpe stated that of his 20 years i n the mil itary , he has enjoyed the support relationship shared by the Base and the City of Jacksonville more than anywhere else he has been sta tioned. 1 o·o o140 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1 , 2004 7 :00 P .M. - 7 :18 P .M. Ma jor Thorpe presented the City Council with a breakdown of personnel by c lass ification , stating that total personnel is 1 3 ,507 . He related that there is approximately 5 ,505 in appropriated fund military personnel and slightly over five hundred ( 506) in appropriated fund c i vilians . He presented data that inc luded approximately 885 personnel in non- appropriated fund contract civilians and priva t e bus iness, a n d approximate ly 6 ,611 in active duty military depe nden ts. He then stated that the total annualize payroll for app r opriated fund military is $22 7,7 19,491 consi sting of active -duty, non-extended active duty reserve, a nd trainee cadets . He added that appropriated func. civilians totals $24, 941 , 119 and that n on-appropriated f und cont ract civilians, and pri vate business is $17,146,111 f or a total p ayroll impact. of $269,806,7 21. He reviewed the annual expenditures for construct i on , services, procurement of materia l s , equipment , and supplies totaling approximately $1 44,896,40 4. He po i nted out that construction dollars are reported a~; spen t , expla ining that if a large project is approved for an estimated 20 million , those dollars will be reported as ex p ended annually on project co s t s. He r epo r ted that 2003 construction expendi t ures came i n at: $49 ,958,540 , servi ce contracts were approximately $24,196,926 and materials, e quipment , and supplie s procurement was appro x imately $70,740,938; to taling $144 ,896 ,404. He stated that the total economic impact is figu red by taking t he payroll of assigned personne l , the expenditures and then the dollar value of j obs created to determi n e the economic factor. He stated that the dollar value of jobs c re ated is $97 ,2 60,327 with an estimated 2,939 jobs created using the average annua~. s alary of $33 ,09 3. He stated that the total annua l economic impact: estimate for 2003 was $511 ,963 ,45 2 . He stated that the es timation shows growth at Little Rock Air Force Base from t h e 2002 es t ima t e of $44] million representing a 60 million dollar increase . He stated that the bas e just completed a new gymnasium along with o ther contracts such as a new school building . He stated that the r e were several factors, which contributed to the economi c activity growth . He stated that t hose figures only repre sent l ocal contracts and do not represent contracts hired out of the State. Alderman Stroud stated that when he was in t he service he also found Jacks onvi lle to be one o f the best stations to e nj oy a good support relationship between City and Bas e . In response to a question posed by Mayor Swaim, Ma j or Th orpe stated t h a~ the area cons idere d for economic impact is the Central Arkansas Metropolitan a rea, moving away from t h e standa rd 50 -mile radius . Ma yor Swaim thanked Major Thorpe and Cindy Maddox for the p re sentation, adding that Ms . Maddox works close ly with the J acksonv ill e Community regarding many issues. Discussion ensued regarding a Base tour for the Ci t y Council members and City Department Heads . 2 RESUME AGENDA : SANITATION DEPARTMENT : 000141 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1 , 2004 7 :00 P .M. -7 :1 8 P .M. Mayor Swa im explained that one of t he bidders who did not submit the low bid had called up set, he we nt on to explain tha t he has reviewed the bid f iles a nd is comfortable with the bid proce s s. He n o t e d that the b i dder was actua lly the third lowest bidder re g a rding the bid for the Co mp action Refuse Truc k . He added that the b idder was invited to the Ci ty Co u ncil me e ting , b u t r elated that he was unable to attend and wanted the b i d to be postp oned. He stated that based on his review and his discus s i o n with Ci ty At t orn ey Bamburg a nd Public Works Director Jim Oakley , h e feels comfortab le t h at the bid p rocess was performed correct l y and t h at the low bid d oes me e t specificat ions . He noted that there had been questions regarding the heavy d uty activity of the t ruck, which h ave b een resolved, adding t h at at this time he does f eel comfortable proceeding with the bid award . Public Works Director Jim Oa k ley concur r ed that he f e el s comfortab l e moving forw ard with t h e b id aw a rd. a . Request to Accept for Bid Knuckle Boom Loading Truck Alderman Ray moved, seconded by Al d e rman Stroud to approve the l o w b i d from Glover 's Truck and Equipment in the amount of $79,53 8 .00 t o be funded through budgete d Sanitation Depreciation funds . Ma yor Swa im explained that the Sanitati o n Department is setup as an Enterprise Fund, adding that when equipment is purchased i t is depreciated out over a 7 -year p e ri od . He re l a ted that the City does try to keep the equipment over seven years , adding that t he San itation Department has one truck in its 12th year and another i n its 14 th year . He stat ed that o nce a t r u ck b e comes an over maintenance issue it i s run as a back up truck for the De partme nt. He noted that t he weight question came up because of t r u c k service needs, but add ed that b ased on a 7-year li fe span the City has b een able to get double that from at least o n e tru ck and additional years from many other trucks . He attributed the maintenance pro gram t h rough the City garage and the quality of drivers for keep t h e trucks i n t op p e rformance . I n response to a comment made by F i nance Director Paul Mushrush, Mayor Swaim explained as a Council member , that years ago when a new ga r bage truck ha d t o be purcha sed , funds were d rawn from the General Fund , wh i ch interrupted the Genera l Fund f l ow . He not ed tha t under the current depreciation method, i f a truck last the l e ngth of time expected, then the r e is mo ney in the Fu n d to r eplace the equ i pme nt a s needed . Alderman Ray stated t hat h e had received a call from the bidder who was upset and plan ned to return hi s cal l but added that he is confident rega rd ing the bid process. At this time, MOTION CARRIED. 3 00 0142 CITY OF JACKSONVILLE REGULAR CITY COUNC I L MEETING APRIL 1, 2004 7 :00 P .M. -7:18 P .M. b. Request to Accept Bid for High Compaction Refuse Truck Alderman Smith moved , seconded by Alderman Lewis to approve the low bid from Glover's Truck and Equipment in the amount of $94,209.00 with funds to be drawn from the Sanitation Depreciation Fund . MOTION CARRIED . STREET DEPARTMENT : PARKS & RECREATION: Request to Accept Bi d for Community Center Roof Mayor Swaim related that the i tern is being removed fr om the agenda , explaining that over t he l ast few months the Ci ty has had an engineer review an d make r ecommen dations o n work t o be performed at the Comm uni ty Center . He stated that the City advertised the work for bids previously and no bid s were submitted , adding that it was advertised again anc. repeat edly no bids were submitted . He explained that part of the problent is the instabilit y of the price of steel and partly it is a difficult area to work i n because of i ts location over the swimming p ool with a lot of scaffolding. He stated that City Attorney Bamb u r g has been consulted and i t has been determined tha t since the City has adverti sed for bids twice and no bids were submitted, ET C Engineer s have been asked to l ocate a cont r ac tor tha t wou l d be willing to negotiate a contract pri c e . He noted t hat the contract pri ce wo uld be brought back t o the Ci ty Council f or f i nal approval. PLANNING COMMISSION : GENERAL : APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY Alderman El.l.iott mo v ed , seconded by appointment of Mr . Johnny Moory to Jacksonville Hous i ng Authority for a MOTION CARRIED . Alderman Smith to approve thE~ serve as Commissioner of th«~ term expiri ng March 17 , 2009 . ANNOUNCEMENT(S): P arks and Recreation Director George Biggs announced that an Easte r egg h unt wo ul d be held at Excell P ark , Saturday mo rni ng beginni ng at 9:30 a .m . Alderman Howard reminded the City Council that the City -wi de Cleanup would a l so be Satu rday at 9 :00 a.m . Mayor Swaim noted that Publ ic Works Di r ector Jim Oakl e y still has some streets available for volunteers wishing to participate in the City-wide Cl eanup. He noted t ha t following the Cl eanup there would be a free hamb urger /hotdog appreciation lunch for t h e vo l u n tee rs he l d at the Chambe r of Comme r ce . He encouraged citizens to participate and t ake advantage of the fellowship and luncheon . 4 OJV143 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 1 , 2004 7 :00 P.M. - 7 :18 P.M. ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at approximately 7 :18 p.m. Respectfully, 5 City Council Of Jacksonville , Arkansas AGENDA 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES : 4 . APPROVALS AND/OR CORRECTION OF M INUTES: 5 . CONSENT AGENDA: Regular City Council Meeting April 15, 2004 7 :00 P .M . Regular City Council Meeting April 1, 2004 Regula r City Council Meeting March 18, 2004 Engineering Department Regular Mon t hly Report/March City Engineer Whisker Regular Monthly Report/March Chief Vanderhoof Fire Department Police Department Animal Control 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 1 1. SANITATION DEPARTMENT: 12 . PARKS & REC . DEPT: 13 . PLANNING COMMISSION : 14 . GENERAL: DEVIATION IN AGENDA: 15. APPOINTMENTS: 16 . ANNOUNCEMENTS : ADJOURNMENT: a . Regu lar Monthly Report/March Chief Baker Regu lar Monthly Report/march Public Works Director Jim Oakley Request to Set Public Hearing Abandon easement (Mayor Swa im) b . Permission to participate in lnterlocal Agreemen t for a Commun ications Cente r (Mayor Swaim) Request to Accept Bid : Elderly Activity Center k itchen upgrade JACKSONVILLE SEWER COMMISSION Reappointment of Kenneth McGhee for a term to expire 4/20/2009 (Mayor Swaim) ADVERTISING AND PROMOTION COMMISSION Reappointment of Jean Rea for a term to expire 3/31/2008 (Mayor Swaim ) Stanphill Road closed to th r u Traffic from Mi litary Road to Lemac April 19-23 0'JC145 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15 , 2004 7:00 P.M . -7 :18 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Counci l of the City of Jacksonville, Arkansas met in Regu l ar Sess i on on April 15, 2004 at the regular meeting p lace of the Council . Alderman Smith delivered the invocation and Our Cl ub Youth led a standing audience in the "Pledge of Allegiancen to the flag . Our Club Director Glen Lane introduced his ass i stant Mr . Larry Williams . ROLL CALL : Aldermen: Elliott, Smith , Sansing , Ray, Rinker, Fletcher, Twitty and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Lewis, Fletcher and Stroud were absent . PRESENT seven (7), ABSENT (3). Othe rs present for the meeting were : City Attorney Robe r t Bamburg, Cheryl Erkel, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, Ci ty Enginee r Jay Whisker, Public Works Director Jimmy Oa kley , CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Po l ice Chief Baker, F ire Ch ief Vanderhoof, Judy Swaim, Larry Smith , David McClanahan, interested citi zens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of April 1 , 2004 for approval and/or correction at the next Regularly Scheduled City Council Meet i ng . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 18 March 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman El l iott moved , seconded by Alderman Ray to appr ove the Regular Monthly Report f or March 2004. Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business Licens e UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Removal Cost for December 44 15 0 0 34 0 $.00 INSPECTIONS PREFORMED Building Ins pect ions HVACR Plumbing E l ectrical VEHICLES Notice of Noncomplian ce Towed CONDEMNATIONS Structural Ma i nt . Letters Structural Repairs Made Demolitions 1 113 1 24 111 45 25 3 4 0 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2004 7 :00 P.M . - 7 :18 P.M. Alderman Elliott moved, seconded by Alderman Ray to approve the Regul ar Monthly Report for March 2004 from the Jacksonville Fire Department, which reflects a f i re l oss of $804 ,250 .00 and a savings total of $967,500 .00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Report for March 2004. Said report reflects the Total Value of Reported Sto l en Property $57 ,638 . Total Value of Recovered Stolen Property $27,000 and Total Report Sales $471.00. REGULAR MONTHLY REPORT /ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Anima l Control Report for March 2004 . Sa i d report reflects: JANUARY ADOPT ION/FINES: CONTRIBUTIONS : TOTAL: $1,048.00 0 .00 $1 ,048 .00 ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Rinker, Twitty and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT : POLICE DEPARTMENT: SANITATION DEPARTMENT : STREET DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION: GENERAL : a. Request to set public hearing to abandon easements Mayor Swaim related that there is a small parcel of land l ocated between one end of the Overpass and the adjacent property owners , which measures approximately 1100 square foot. He stated that the adjacent property owner has agreed t o mow and maintain the property if the City would abandon the easement. He noted that a new appraisal of the property would be more costly than the previous appraisal value . He related that t he addit i on of the easement would not increase the va lue of the adjacent property owners property . Alderman Howard moved, seconded by Alderman Ray to set a public hearing to abandon an easement in the vicinity the Overpass for the May 20th 2004 Regularly Scheduled City Council meeting. MOTION CARRIED. Mayor Swaim noted that the small parcel of property is located between Nort h First Street and Second Street on the east side. b. Permission to participate in Interlocal Agreement for Communications Center 2 CITY OF JACKSONVILLE 0)0147 REGULAR CITY COUNC I L MEETING APRIL 15 , 2 004 7 :00 P.M . -7:18 P.M. Mayor Swaim related that County and Municipal off icia l s have been in discussion , including emergency personnel, concerning the radio s y stem in Pulaski County. He noted that Jacksonville has a 911 analog 800-trunk system , pointing o u t that it was state of the art at the time it was purchased. He then added that the City of Little Rock has the same type of system but have had theirs longer and it now needs to be upgraded. He stated that there has been discussion regarding the implementation of a study t o determine the feasibility of performing some combination work to have the systems work in conjunction or whether t he City would have t o consider a new system . He added that in order for the City to apply for Home Security Act funding there would need to be an evaluation s tudy to determin e f easib i lity. He noted that a private individual has offered to do n ate half the money for the study and t h e Coun ty and Cities h ave been as k ed t o contribute the remainder o f funds . He stated tha t Jacksonville's share would be approximat ely $6,250.00. He stated that he believes it would be well worth the contribu t ion costs to gain insight regarding the current system and a lternatives . He related a possibility that the City would have to convert to d i gital in the futu r e , explaining that as the analog systems phase out the availability of repair and rep l acement parts would become a major issue. He added that the City hopes to maintain the current system for as l ong as possible. He stated that there are 911 funds regarding the operation of the fa cility that are set as i de for this type of expenditure . Alderman Smith moved, seconded by Alder man Howard to authorized Mayor Swaim to entered into agreement to participate in the study regarding expenditure of 6,250.00 to be drawn from 911 Operating funds. MOTION CARRIED. DEVIATION I N AGENDA : ELDERL Y ACTIVITY BID FOR KITCHEN UPGRADE Mayor Swaim related that in order to remain within Health Department standards, the City i s required to perform a kitchen upgrade at the Elderly Ac tivity Center . He exp l ained that it was first thought that existing personnel under con tract with the City could perfo rm the work but added that it was soon di scovered that the upgrade project was outside his scope of capabilities . He added that the project was advertised for bid and the City received two bids , and that only t oday were evaluations completed regarding bidders a nd the project scope . He requested that the item be given consideration for the current agenda . Alderman Smith moved, seconded by Alderman Elliott to suspend the rules and place the bid for kitchen upgrade of the Elderly Activity Center on the agenda. MOTION CARRIED . Mayor Swaim noted that the two bids received were $42 ,2 90 .00 and $19 ,800.00, adding that with such a vast difference in bids caused concerned . He related that the City investigated by asking a pri vate contr actor Mr. Phil Keaton and the City Engineer to evaluate the job . He stated that the recommendation from both revealed that the low bidder was capable of performi n g the job and that his bid amount was a reasonable quote regarding the scope of the project. He noted that funds are available from the Capi tal Projects Fund . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 15, 2004 7 :00 P .M. -7:18 P.M. Alderman Ray moved, seconded by Alderman Sansing to approve the low bid from RC Contracting in the amount of $19,800 .00 wi th funds to be drawn from the Capital Projects Fund to bring the Elderly Activity Center 's kitchen up to Health Department regulati ons . In response to a question posed by Alderman Howard, Mayor Swaim noted tha t part of the repairs wou l d i n clude a roof l eak that nee ds to be repaired before it causes further damage . At this time , MOTION CARRIED . APPOINTMENT(S): JACKSONVILLE SEWER COMMISSION Alderman Elliott moved, seconded by Alderman Smith to approve the reappointment of Kenneth McGhee to the Jacksonville Sewer Commission fo%' a term to expire 4/20/2009 . MOTION CARRIED . Mayor Swaim noted that terms for t he Adve rt ising and Promotions Commission are staggered, adding that Jean Rea has served a one-year terrrt and it is requested that she be reappointed to a fu l l term. Alderman Howard moved, seconded by Alderman Ray to approve the1 reappointment of Jean Rea to the Advertising and Promotion Commission term to expire 3/31/2008. MOTION CARRIED. ANNOUNCEMENT (S) : Mayor Swaim announced that Stanphil Road would be closed to thru traffic from Mi l itary Road to Lemac Drive April 19t h -23~" He noted that the area had been a safety concern for many years , addinsr that the City was able to purchase the property and remove the house to re l ocate the street regarding safety issues. Alderman Ray suggested t hat to ensure traffic safety during the closure that s i gns be placed well in advance of the constructions site . ADJOURNMENT: Mayor Swaim without objection adjourned the meeting a ·t approximately 7 :18p .m. ~).wah.,_ MAYORTOMMYSWAIM .. 4 City Council Of Jacksonville, Arkansas 0 r · r; -1 ," n ... ) , r • t v' • -~-·- 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: 6 . WATER DEPARTMENT: AGENDA Regular City Council Meeting May 6, 2004 7:00 P.M. Regular City Council Meeting April 15, 2004 Regular City Council Meeting April 1, 2004 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: • 3 . PLANNING COMMISSION: 14. GENERAL: 15. APPOINTMENTS: ,--.. 6 . ANNOUNCEMENTS : ADJOURNMENT: a. Appreciation Recognition of Volunteers and Supporters at City Hall in the outer conference room at 6:30p.m . ORDINANCE 1224 (#8-04) Providing for a mixed use Overlay District for Residential and Commercial uses b. ORDINANCE 1225 (#9-04) Modifying JMC §§ 18.24.030, 18 .26.030 , 18 .28.030, 18.32.030 , 18.40.030, and 18.44.030 regarding zones to allow for mixed use. c . Request approval to enter into contract with architectural firm to expand City Hall. ADDITION TO AGENDA: Request to Accept Bid : Demolition of Condemned Houses HOSPITAL BOARD APPOINTMENT Appointment of Mr. Zane Hankins to the Hospital Board for a term to expire 6/30/2008 .ooo:so CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2004 7:00 P .M. - 7 :47 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Co unci l of the City of Jacksonville, Arkansas met in Regular Session o n May 6, 2004 at the regular meeti ng place of the Council . Alderman Fletcher delivered t h e invocatio n and Ou r Club youth members led a standi ng audience i n the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen : Elliott , Smith, Sans i ng, Ray , Ri nker, Fletcher, Stroud, Twitty, and Ho ward answered roll c all. Mayor Swaim a lso answered ROLL CALL declaring a quorum . Alderman Lewis arrived at approximately 7 :07 p .m. PRESENT t en (10), ABSENT (0). Others present for the meeting were: City Attorney Ro bert Bambu rg, Director of Administration Murice Green , Finance Director Pau l Mushrush, City Enginee r Jay Whi sker , Public Works Di rect or Jimmy Oakley, Planninsr Commission Cha i rman Art Brannen , Parks a nd Recreation Director George Biggs , Parks and Recreatio n Commission Chairman Ma r sha Dornblaser , Par ks and Recreation Bus iness Manager Patty Walke r , Parks and Recreation Program Manager Cathy Brand , Police Chief Baker, Fire Chief Va n derhoo f, Judy Swaim, Helen Stroud, Edith Smith, Lendy Lewis, Larry Smith, David McClanahan, interested citizens and members of the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regu lar City Council meeting o f April 15, 200 4 fo r 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 th •~ Regular City Council Meeting of 1 April 2004 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : PARKS & RECREATION: Appreciation Recognition of Volunteers and Supporter:s Parks and Re cre ation Director George Biggs recognized Commission mernber .s Chairman Marsha Dornblaser, Commissioners Curtis Green, Greg Bol len, John Fortenbury , Mike Die t z, Joey Price and Bobby Casteel . He then noted staff members Cathy Brand and Patty Walker. He and Cha irman Dornblasec recognized Jimmy Ba rnett o f the Arkansas Game and Fish Commission, Audwin Vaughn of Community Bank, Larry Wil son of F irst Arkansas Bank and Trust, Hercules Incorporated , Steve Evans of Ja cksonvil le Gui tar , Kathy Messer of Little Cae sa r Pizza, Mac Hogan of Nat i o n a l Coatings, Pulas ki County 4H Club , Donnie Crowell of Wal -Mart, Jef f Jones of Century-Te l , Doug Wilkin son and Mike Dietz, Judy Gould, Fire Chief John Vanderhoof, Poli ce Chief Robert Baker, Taneil Blakemore of Pulaski County Coope rative Extensi on Service, Kirk Myers of Rebsamen Medical Center, Na n Tramme l of Wendy's, Angela Pas co of Wild River Country, Donna House , Shirley Cl eek, and Anita Urban for their contributions and s upport of the Parks and Recreation Department. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2004 7 :00 P.M. - 7 :47 P .M. Mayor Swaim noted that many of the programs would not be possible without valuable time volunt eered through various supports. PLANNING COMMISSION : GENERAL : ORDINANCE 1224 AN ORDINANCE PROVIDING FOR A MIXED USE OVERLAY DISTRICT FOR ALLOWANCE OF BOTH RESIDENTIAL AND COMMERCIAL USES WITHIN DESIGNATED AREAS OF THE CITY OF JACKSONVILLE , ARKANSAS; CREATING JACKSONVILLE MUNICIPAL CODE §18.23 ; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Al derman Stroud that Ordinance 1224 be placed on FIRST READING. ROLL CALL : Alderman Elliott, Sm i th, Lewis, Sansing, Ra y , Rinker, Fletcher, Stroud, Tw i tty , and Howard voted AYE. NAY {0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1 224 . Mayor Swaim s t ated that the purpose of t he Ordinan c e is to help redevelop downtown. He stated that other cities and states have begun to successful l y r eu s e mixed use in their downtown areas bringing commercial and residential in the same building or in close proximity . He sta ted that the most successful ones have been mult i -s tory bui l dings with commercial on the bottom leve l and residential above . He related that it helps to redevelop downtown areas by bringing more tra ffi c i n the area . He pointed out Li ttle Ro ck 's success with the River Market , add i ng that i t i s h oped that this effort will stimulate business in Jacksonville 's downtown area and create foo t traffic . He stated that optimistically pedestrian wa lkways wo u ld be deve l oped , allowing comfortabl e movement around the downtown area . He no t ed that a statist ical study reveled that the safest area, as far as crime , is the downtown area. He stated that he is encou raged that mi xed used will stimu l ate growth in Jacksonvi lle . Alderman Stroud moved, seconded by Alderman Ray that Ordinance 12 24 be APPROVED on FIRST READING . Alderman F l etcher stated that he had an opportuni ty to view this practice in Huntington, North Carolina . He continued that h e noted it was possible to live, work and sustain oneself without leaving the area. He related that the a re a included a mo vie theater, a Walgreens , and grocery shopping. He stated that it was a beautifu l area and voiced hi s supported as a boost for the downtown area . Director of Adm inist rat ion Murice Green noted that two years ago a study was conducted regarding t he update of the Comprehensive Development Plan; adding that the mixed-use is part of that P l an. He stated that the Comprehensive Development P l an would be forwarded t o the City Coun cil at t h e next regularly scheduled City Counci l meetin g . ROLL CALL: Alderman Elliott , Smith, Lewis , Sans i ng , Ray , Rinker, Fletcher , Stroud, Tw i tty and Howard voted AYE . NAY (0). MOTION CARRIED . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6 , 2004 7 :00 P.M . -7:47 P .M. Alderman Stroud moved , seconded by Alderman Lewis that Ordinance 1224 be placed on SECOND READING. ROLL CALL : Alderman Elliott , Sm ith, Lew is , Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the h eading of Ordinance 1224 . Alderman Stroud moved, seconded by Alderman Lew is that Ordinance 1224 be placed on THIRD and FINAL READING. ROLL CALL : Alderman Elliott , Smith, Lewis , Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and How ard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read thE! headi ng of Ordinance 1224 . Alde rman Smith moved, seconded by Alderman Howard that Ordinance 1224 b e APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Sm ith, Lewis, Sansing , Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1224 THIS 6 H DAY OF MAY 2 0 0 4 . b . ORDINANCE 1225 (#9 -04) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18 .24 .030 , 18 .26 .030 , 18 .28.030, 18.32 .030 , 18 .40.030 , AND 18 .44.030 ; AND, FOR OTHE l~ PURPOSES. Mayor Swaim related that Ordinance 1 225 modifies Municipal Code regarding zones to allow for mixed us e. the overlay distr i ct is a specifically defined area possib ility of mixed use. the Jacksonville He clarified that providing for t he City Engineer Whisker explained that the firs t Ordinance creates the over l ay district and that the second Ordinance establishes conditional uses in each zone to allow residential and commercial with i n the overlay district . He related that each request would go before the P lanninq Commission for approval. Alderman Elliott moved, seconded by Alderman Sansing Ordinance 1225 be placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith , Lewis, Sansing , Ray, Rinker, Fletcher, Stroud , Twitty, and Howard vo ted AYE . NAY (0). MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the headi ng of Ordinance 1225 . Alderman Stroud moved, seconded by Al derman Ray t hat Ordinance 1225 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewi s, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Al derman Lewi s moved, seconded by Alde r man Sans i ng that Ordinance 1225 be placed on SECOND READING . ROLL CALL : Alderman Ell i ott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bambu rg read t he heading of Ordinance 1 225 . 3 CITY OF J ACKSONVILLE REGULAR CITY COUNC I L MEETI NG MAY 6 , 2 004 7:00 P .M. -7 :47 P.M . Alderman Smith moved , seconded by Alderman Lewis that Ordinance 1225 be placed o n THIRD and FINAL READING . ROLL CALL : Alderman Ell iott, Smith, Lewis, Sansing, Ray, Rinker , Fletcher, Stroud , Twitty, a nd Howard voted AY E. NAY (0). MOTION CARRIED . Wh ereupon City Attorney Ba mburg read the heading of Ordinance 1225 . Al derman Howa r d moved , seconded by Alderman Twitty that Ordinance 1225 be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Smith , Lewis, Sans ing , Ray , Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1225 THIS 6H DAY OF MAY 2004 . c. Request approval to enter int o contract with an a rchitectu r a l f irm regarding the expansion of City Hall . Mayor Swa i m related that City Hall was comp lete d in 1990. He exp l ained that space needs h ave grown since that time, point i ng out that the ne twork computer system and the computer s ystems specialist is working in an extremely sma l l area . He related that it is difficult under present conditions to keep the equipment at prope r temperature wi t hout creating uncomfo rt able conditions for the employees. He noted that City Ha ll has a further need for expanded space because of a lar ger number of employees since t he b uil d i ng was compl e ted . He re l ated that in the 90 's the City was expe ri e n cing growth of 27 to 50 new home starts a nnually, adding that as of last year the f igure has risen to 155 new h ome starts. He rel ated the need for additional personne l to service growth in those areas. He noted that t he City was fortunate in 1 978 t o have had a bond issue to provide low-in come interest for housing , addi ng that it was not a part of the Ci t y structure but allowed by City struc t ure. He stated that after becoming Mayor , he talked to the Housing Facilit ies Board and they agreed to refinan ce at a lower interest rate, savi ng over $600 , 000 . He explained that those non-tax dollars were used to bui l d the current City Hall; adding that the Board has since re fin anced aga in a nd saved enough to a l low for an addition to City Hall. He stated that the addition to City Hall woul d be wi thout any costs to the taxpayer . He noted that the f unds have a specified use , explaining that it is the Ho using Facilities Board has the a uthori ty to f und facili t y construction r elated to the City, so that money is earmarked i n i ts purpose. He reiterated that the City Hall expansion wou l d not cos t the taxpayers any money , a dding that it is money usable for t h at purpose and t axes wi ll not be raised . Directo r of Adm inistration Murice Gre en stated that a reque s t for qualifications from architectural firms was advertised and t wo outstanding firms applied . He stated that a five-member Committee selected the firm that they felt would do the best j ob regarding cost . He added that the request is to grant authority for the Ma yor to e nter into contract with that firm. 4 • ,..-II G,.... c '. U-!J ._:_....;- CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING · MAY 6 , 2004 7:00 P.M. - 7 :47 P .M. In response to a question posed by Alderman Fletcher, Mayor Swaim related that the expans i on would be approximately 2,000 to 2,50 0 square feet, adding that the original building was constructed to allow for future addition . He noted avenues for expansion wi thout being too invasive regarding the existing building, point i ng out the Finance Department, and Engineering Department. He noted that the chosen firm of Cl ements and Assoc i ates has performed a number of similar projects. Alderman Howard moved, seconded by Alderman Fletcher that Mayor Swaim be! authorized to enter into contract with Clements and Associates rega rdin~r the expansion of City Hall . MOTION CARRIED. ADDITION TO AGENDA: Demolition of condemned houses Mayor Swaim noted that the bid was held to have proper time t o investigate the difference in bids regarding specifications . He related that the recommen dation is to accept the low bid . Alderman Stroud moved , seconded by Alderman Smith t o suspend the rules and place the demolition bid on the agenda. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Stroud to accept the low bici of $10,340 .00 from Youngblood for asbestos removal and demolition. Alderman Stroud commended the Finance Department in being awarded a Certificate of Achievement for Excellence in Financial Reporting for six consecutive years . Mayor Swaim noted that there is not another City in Arkansas of the samE~ size that has won the award that many consecutive years. At thi.s ti.me, MOTION CARRIED . Mayor Swaim noted that funds would b(~ drawn from appropriated funds for demoli t ion . CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD Mayor Swaim reiterated that the City of Jacksonville has won the award for its 6 th consecutive year, adding that only seven or eight cities i~ the State has received this award. Mayor Swaim then presented Finance Director Paul Mus h rush with t he Certificate of Achievement Award. Finance Director Mr. Mushrush thanked Mayor Swaim and the City Council for their support . He related that current repor t ed news does not support a lot of trust in financia l reporting due to t he activities in larger firms, but added that the spirit of the award is to maintain an accounting standard not only at the required level but above and beyond . He related that the standards have changed regarding 2003 reporting, explaining that for the f i rst time infrastructure assets will be added to the financials regarding government financial statements . He stated this information will reflect how well the Mayor and City Council take care of the citizen's property . 5 COMMUNITY CENTER POOL ROOF REPAIRS CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2004 7 :00 P .M. - 7 :47 P.M . Mayor Swaim noted an ongoing condensation p roblem in the pool area since the completion of construction. He explained t hat condensation is occurring between the insulation and t h e metal roof , which has created prob l ems with dripping water and rusting metals. He noted t hat recommended HVACR work has b een completed to help disperse the humid air to other l ocations of the building. He then rel a ted that repair bids we r e advertised twice without any response because of the difficulty involved with working over the pool and the high ceilings. He related t hat the engineering firm wa s authorized to try and locate a contractor that would be wi ll ing to n egotiate a price for the repairs since no b idde rs were interested in the project . He stated that the firm was successfu l in locating a contractor but the price was substantially more than anticipated o r affordable, which is why the pro jec t is not being presented at this time for approva l. He noted that efforts are still ongoing to n ego tiate a solut i on. He stated that the problem is the amount of funds , adding that i t is ve ry diffi cu lt to figure out h ow to generate those funds regarding appropriated funds from this year 's budget. He related t hat further details would be provided as matters unfold. He presented another part of that cha llenge , the proposed aquatics park f eaturing three pools. He explained t hat bids came in sign ificantly higher due in part to the increasing cost of construction since the project was orig i na lly d r awn and more spe ci fically the increase in the pr i ce of steel, which ha s risen 35 plus percent. He related meetings between the architects, City representatives and the contractors to e va luate if there were items that could be taken out of the project. He stated tha t estimates are not c l ose yet on being able to match available funds to projected costs, adding that the City Council will be kept i nformed as the project proceeds. In response to a question pos ed by Alderman Fl etche r, Mayor Swaim stated that there are four specific items that were identified as a possible in- house cos t sav ings . He noted the sizable parking lot with curb, gutter and s idewal k along with a significant amount of excavation and demolition as well as re construction of the curb and gutter resulting in a cos t savings of approximately $102 ,000. He added however that the difficulty is that it cannot be counted as a total savings when the Ci ty has to purchase the concrete, asp halt and l abor for the work that the City cannot perform . He noted that the City is trying to d etermine if the work can possibly be performed on an in-house bas i s , adding that without an asphalt-laying machine the City would have to h i re the aspha l t work the same as t he contractor . He stated that there wou l d not be a huge savings out of the $102 ,000 based on the City performing the prep work. He re lated that i tems of savings are being evaluated and City Engineer Whisker will offer i nput regarding other specifi c items and the City 's ability to perform that work in-house . He then added that a savings cost opportunity offered was to a llow the City to perform the demolition of the existing structu r e s of the pool area ; including the dressing areas, pool demolition and dirt excavation . He stated that while he is not too c once rned a bout the demolition work he is somewhat apprehensive regarding the site preparation, which is specific to very precise grades . He noted 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6 , 2004 7 :00 P .M. -7:47 P.M. that the area has an e xpansive c lay soil and that extra efforts a r e bein g propo sed to prevent this pool from experiencing the p robl ems e xperienced with the existing pool . He noted that if t he City performs the si te work and there is a problem later , he would not want t he City to be responsible. He s t ated that because o f the l iabi lity factor, the contractor n ee ds to be respons i b le or the guarantee would not b e effectual. Alderman F letcher related that he would like to see a ny items delete~ fr om the project be added as funds were ava ila b l e, so the park could expand or stay fresh for year s to come. Mayor Swaim stated t h at every effort i s bei ng made to maintain the operational fac ility design of three pool s. He related t hat cutting one pool would present a tremendous savings but added tha t constructing a pool in-between two exis ting p ool would be substantial ly more cos tly then building them all at the same time. He related that additional information woul d be presented at the next regu lar ly schedul ed City Council meeting for their de cision . Alderman Elliott stated that he believes the City is t a king a prud ent approach by carefully consider ing all options. I n res pons e to a comment from Alderman Fletcher, Mayor Swaim stated that: there is a list r egarding in-house savings opportunities involved in the project. He t hen noted continuing discussions between Director Biggs and City Engin ee r Whisker re garding opportunities for savings . Mr. David McClanahan reminde d the City Council that the tax to pay f or the pool, the joint training cente r and the school on Base is an open-- ended tax without a sunse t clause . He then questioned the feas ibility o:: waiting an extra year to build the po o l t o al low additional time to come up with the fund i ng . Mayor Swaim r e lated t hat while the estimated e x penditure of 2 mi ll ion dollars for the aquatic's project was not a part of the bal lot title, the public was informed how much money was proposed as a verbal comm i tment to that genera l range . He stated that he is not wi lling to expend a la rge amount more than the public expect s, adding that to h im t hat would see1n decept ive . He noted that other f unds have been set aside for th•= project, adding that poss ible available Capital I mprovement Funds could be considered if the City Council chooses. He stated that it is h i .3 belief that the publi c expects the City to s tand b y its word regarding the amount of funding expected to construct the aqua t i cs park . He added that this has been the genera l response when he has spoken with citizens _ He addressed t he question of delaying t he project, saying that the problem with add i tional delays is that the pri c e h as risen over $300,000 because of delays already suffered at the present time . Alderman Smith noted that the grant awarded to the City has a time limit , explaining that the funds must be put into use to keep the grant. 7 0. .~)!) 1 5 .... , ·\._I . ·._. -• ( CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 6, 2004 7:00 P.M . - 7 :47 P .M . Mayor Swaim related that the City was awarded a $209,000.00 grant, which the City has been allowed to extend but would probably not be allowed to further extend. He stated the need for construction to begin in order to take advantage of the grant funds . In response to a question from Mr . McClanahan regarding the joint education facility, Mayor Swa im related that the public was informed that the City would contribute 5 mill i on dollars to the construction of the joint education facility and the Air Force is we ll aw are of t h at fact . He stated that there has been discussion with the Congressional Delegation concerning the Air Force 's funding, and that any additiona l construction costs would have to come from the Air Force. APPOINTMENT(S): HOSPITAL BOARD APPOINTMENT Alderman Howard moved, seconded by Alderman Elliott to approve the appointment of Mr. Zane Hankins to the Hospital Board for a term to expire 6/30/2008. MOTION CARRIED . ANNOUNCEMENT(S): Mayor Swaim noted that tomorrow would be the final day for early reg is tration for the Municipal League held June 16th through the 18th in Lit t le Rock at the Peabody Hotel. He encouraged attendan ce . He then noted that early voting is current l y being at held at City Hall from 10 :00 a .m . -6 :00 p .m. Monday through Friday a nd 1 :00 p.m. -4 :0 0 p .m . on Saturday , e n ding 15 May. Al derman Fletcher expressed concern regardi ng run-off wate r in newly deve l oped s ubdivisions, which do not have open drainage. He mentioned concerns regarding l ow areas of subdivisions with standing water . He suggested that standards be evaluated for proper street grade to handle run-o ff water . Mayor Swaim noted that during the r ecent heavy rains Cabot and Conway we re not as fortunate as Jac k sonville regarding flooding . He noted that Jacksonville did have excessive water but to his knowledge, there were not any homes f l ooded. He went on t o say that p art of the problem is that the basin that Jacksonville 's water flows into fills up much faster because of the increased areas of pavement. He noted that when the basin is full, the water runs s l ower f rom the streets . He related t h at the City makes every effort to keep carrier ditches cleaned for faste r flow . He then noted that new Federal regulations for developing subdivisions would require sediment ponds . ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:47p.m . Respectfully, ~~ ~SWAIM v 8 C·"l\"i5',:' I J U..:... '..) City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting May 20, 2004 7 :00P.M. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Police Department Animal Control Department Fire Department Engineering Department ADDITION TO AGENDA: 6 . WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. F IRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13. PLANNING COMMISSION: ADDITION TO AGENDA: 14. GENERAL: 15. APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT: Regular City Council Meeting May 6, 2004 Regular City Council Meeting April 15, 2004 Regular Monthly Report/April Regular Monthly Report/April Regular Monthly Report/April Regular Monthly Report/April PUBLIC HEARING: 7 :00 P.M . Closing easement at West Main a . FINAL PLAT: Rebsamen Regional Medical Center Units 2 - 5 b. ORDINANCE 1227 (#11-04) Reclassifying Property lying between McCain Road and Shannon Drive c. FINAL PLAT: Tracts 1-5 McCain Road and Shannon Drive d. FINAL PLAT: Forest Oaks Subd . PH I e. FINAL PLAT: Maple Wood Subdivision FINAL PLAT: Hailey Heights Subdivision a. ORDINANCE 1226 (# 10 -04) Adopting Comprehensive Development Plan b. Request to Set PUBLIC HEARING easement abandonment Marshall Road & John Harden Drive PARKS AND RECREATION COMMISSION Reappointment of Mike Dietz term to expire 5/9/2009 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2004 7:00 P .M. - 7 :29 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 20, 2004 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Al dermen: Elliott, Smith, Lewis , Sansing , Ray, Rinker , Flet cher, Stroud, Twitty, and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a quorum . PR ESENT ten (10), ABSENT (0). Others presen t for the meeting were : City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson , Director of Administration Murice Green, Public, P lann ing Commission Chairman Art Brannen , Parks and Recreation Director George Biggs, Police Chief Baker , Fire Chief Vanderhoof, Glenda Fletcher , Edith Smith , Larry Smith , David McClanahan , Tommy Bond, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of May 6 , 2004 for approval and/or correction at the next Regularly Scheduled Ci t y Co uncil Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of 15 April 2004 be APPROVED. MOTION CARRIED. ADDITION TO AGENDA : Abandonment of easement adjacent to West Main Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place the easement abandonment on the May 20, 2004 City Council agenda as advertised for public hearing. MOTION CARRIED. Mayor Swaim opened the public hearing at approximately 7:02 p.m. Mayor Swaim related that the property is part of the old gas station that was on the corner of Main and North First , which had been demolished duri ng construction of the Main Street Overpass . He re l ated t h at the property was originally part of the State 's right-of-way , explai ning that the State abandoned the property to the City. He related that the City is proposing to abandon the property to the adjacent property owner, Mr. Mongno . He noted that Mr. Mongno has agreed to maintain the property . Mayor Swaim closed the public hearing at approximately 7:05 p.m. Alderman Stroud moved, seconded by Alderman Sansing to abandon easement property described as Part of Lot 6 and Lot 7 , of Block 25 of the Original Town of Jacksonville, T-3-N, R-10-W , Pulaski County , Arkansas in favo r of Mr . Jame s Mongno adjacent property owner . MOTION CARRIED . 1 0 0 c ·~ 0 0 u ..... 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2004 7 :00 P .M. - 7 :29 P .M. CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Howard to approve the Regu lar Monthly Report for April 2004. Said report reflects the Total Value of Reported Stolen Property $48,594. Total Value of Recovered Stolen Property $47,056 and Total Report Sales $545 .00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for April 2004. Said report reflects: ADOPTION/F INES: $ CON TR IBUTIONS : TOTAL : $ REGULAR MONTHLY REPORT/FIRE DEPARTMENT 667.00 20 .00 667.00 Alderman Ray moved , seconded by Alderman Howard to approve the Regular Month l y Report for April 2004 from the Jacksonville Fire Department, which reflects a fire los s of $194,500.00 and a savings total of $344 ,50 0.00 . REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for March 200 4 . Said report re fl ects: PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Removal Cost for December 19 14 249 0 51 0 $.00 INSPECTIONS PREFORMED Building Inspections 48 HVACR 99 Plumbing 78 Electrical 45 VEHICLES Notice of No ncompliance Towed CONDEMNATIONS Structural Ma int. Le t ters Structural Repa i rs Made Demolitions 18 1 0 0 0 ROLL CALL: Aldermen Elliott , Smith, Lewis , Fletcher, Stroud, Twitty and Howard voted AYE. Sansing , Ray , Rinker, MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION : 2 . ('\ ·'"' (\ -~ 0 ·1 IJ .) .-.). -~-J J.. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2004 7 :00 P .M. -7:29 P.M . PLANNING COMMISSION : a . FINAL PLAT of Rebsamen Regional Medical Center Subdivision Units 2-5 Mayor Swaim related that the property was purchased by Rebsamen Hospital some years ago for development of healthcare clinics t o attract physicians to the area that would also practice at the Hospital . He stated that the property has been replatted and the Pla nning Commission recommends final plat app r oval. Alderman moved , seconded by Alderman Stroud to Approve the FINAL PLAT of the Rebsamen Regional Medical Center Subdivision Uni ts 2-5 . MOTION CARRIED . b . ORDINANCE 122 7 (#11-04) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVI LLE , ARKANSAS (GENERAL LOCATION : PROPERT Y LYING BETWEEN MCCAI N ROAD AND SHANNON 1 JACKSONVILLE, ARKANSAS); 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 Lewis that Ordinance 12 27 be placed on FIRST READING . Mayor Swaim related that the request is to reclassify property from commercial to residential. He explained that the owner had previously rezon ed the property to commercial in anticipation that the area would develop commerc ia l , adding that he has since decided to redevelop his property as residential. He noted that the property i s located between McCain and the cut-o ff o f Shannon Drive . ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing, Ray , Rinker , Fletcher, Str oud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1227 . Alderman Stroud moved, seconded by Alde rman Ray that Ordinance 1227 be APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Lew is, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1227 be placed on SECOND READING. ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1227 . 3 0 .,..., 0' -f ,-. 2 . •dt.: J.b CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2004 7:00 P .M. -7:29 P.M . Alderman Stroud moved, seconded by Al derman Ray that Ordinance 1227 be placed on THIRD and FINAL READING . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 227 . Alderman Smith moved, seconded by Alderman Sansing t hat Ordinance 1227 be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1227 THIS 20H DAY OF MAY 2004. c. FINAL PLAT of Tracts 1-5 , McCain Road and Shannon Drive Subdivision Mayor Swaim stated that the property was origina lly one tract o f land with more t han one house on the property . He pointed ou t that subdivision regulations requires that the property be p l atted for single-- family in order to redevelop the property . Alderman Ray moved, seconded by Alderman Lewis to Approve the FINAL PLA~r of Tracts 1-5, McCain Road and Shannon Drive Subdivision. MOTION CARRIED. d. FINAL PLAT of Forest Oaks Subdivision PH I Mayor Swaim related that the Subdivision is located off Harris Road a n d is proposed as a large subdivision that will be developed in phases . He added that the Subdivision is further proposed to be a gated communi t y . He noted t hat the l ots that face Harr is Road were removed from the gated portion of the Subdivision because of maintenanc e issues regardinq- private streets. He noted that the Subdivision i s gated to keep t h rough vehicul ar traffic from entering, adding that t h e bi ll of ass u rance provides that the private streets will not be main t ained by the Cit y . He noted that the bill of assurance contains a pro vision, if t h e Subdivisio~ were changed from a gated community, which allows dedication of t h e streets to t he City providing that the streets are up to City standards at that time . Alderman Stroud moved, seconded by Alderman Twitty to Approve the FINAL PLAT of Forest Oaks Subdivision PH I . MOTION CARRIED. e . FINAL PLAT of Maple Wood Subdivision Mayor Swaim related that the Map le Wood Subdivision con s i st of t he lots that face Harris Road and was the portion of t h e F o res t Oaks Subdivision that was removed . He noted that the Subdivision consists of thirteen (13) lo t s. Alderman Rinker expressed concern that the Subdivision would h ave be districted by separate schools, explai n ing that s o me chil d ren wo ul d attend the Tolleson Elementary School and some would atte nd the Jacksonvi lle Elementary School. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20 , 2004 7:00 P.M. - 7 :29 P.M . Mayor Swaim stated that the City has as k ed the Pulaski County School Board for a plan to allow for a single consistent location for the area school children to a t tend. Alderman Howard moved, seconded by Alderman Ray to Approve the FINAL PLAT of Maple Wood Subdivision. MOTION CARRIED. Noting newly arrived members in the audience, Mayor Swaim reopened the public hearing regarding the easement abandonment adjacent to West Main Street at approximately 7 :17 p.m . With no one to speak in favor or objection, Mayor Swaim closed the public hearing at approximately 7 :18 p.m . GENERAL: ORDINANCE 1226 AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT USE PLAN FOR THE CITY OF JACKSONVILLE ; CREATING JACKSONVILLE MUNICIPAL CODE § 18 .06.; AMENDING THE JACKSONVILLE LAND USE PAN, A MASTER STREET PLAN , AND MASTER SIDEWALK PLAN ; AND, FOR OTHER PURPOSES . Director of Administration Murice Green related that in April 2001 t he City Council conducted a planning meeting in which i t identified future p l anning as an immediate goal for the City. He added that the same discussions were held in joint meetings conducted with the Planning Commission. He stated that as a direct result , the Comprehensive Development Plan that had not been updated since 1977 was placed in commi t tee for update considerations . He noted that a member of the Metrop l an Staff was assigned to fac ilitate the development of a new Plan. He then noted that results from a survey conducted in October 200 2 were also us ed in the format i on of the n ew Comprehensive Development Plan . He no t ed that the Plan was in Committee for the majority of 2003, adding that the Committee consis t ed of members of the Fire , Police, Public Works , a n d Engineering Departmen ts . He related that the Planning Commission became involved in the planning of mixed-use zoning in the downtown area. He recommended that t h e Comprehensive Development Ordinance be passed on firs t reading and further reviewed for passage at the next regularly scheduled City Council meeting. Alderman Sansing moved, seconded by Alderman Smith that Ordi nance 1226 be placed on FIRST READING . ROLL CALL : Alderman Elliott , Smith , Lewis , Sans i n g, Ray , Rinker , Fle tche r , Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1226 . Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1 226 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray , Ri nker , Fletcher, Stroud, Tw i tty and Howard voted AYE. NAY ( 0) • MOTION CARRIED. b. Request to Set Public Hearing regarding easement abandonment at Marshall Road and John Harden Drive 5 0001.6 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20 , 2004 7:00 P .M. -7:29 P .M. Mayor Swa im related that the Was tewater Department moved a sewer line to i mprove the sewe r flow and a llow for construction of a business . It was the consensus of the City Council to set the public hearing for the regularly scheduled City Council meeting of June 1 7 , 2004 . ADDITION TO AGENDA : FINAL PLAT of Hayley Heights Subdivision Mayor Swaim related that the Ha yley Heights Subdivision is outside the City limits but is within the Ci ty 's five-mile planning jurisdi ction . He noted that the Planning Commiss i on has re commended the i tem for fi na l approval to the City Council , adding that it has been review e d by the County Planning Commission. He asked that the City Counci l consider t he item for the curr ent agenda . He stated t hat one reason the City Counci l is asked to approve the Final Plat is to he l p ensure that there are no substandard subdivisions developed i n the County, particular l y area of po ssible annexation . Alderman Stroud moved, seconded by Alderman Smith to suspend the rules and place the FINAL PLAT of the Hayley Heights Subdivision on the May 20 ~ 2004 City Council agenda . MOTION CARRIED . Mayor Swaim related that t he Subdi v ision is located west of Hwy 107 and consist of t hirteen (13) lots. Alderman Smith moved, seconded by Alderman Howard to Approve the FINru~ PLAT of the Hayley Heights Subdivision . MOTION CARRIED . APPOINT.MENT(S): PARKS AND RECREATION COMMISSION Alderman Fletcher moved , seconded by Alderman Stroud to reappo i n t Mr . Mike Dietz for a term to expire 5/9/2009. MOTION CARRIED. ANNOUNCEMENT(S): Use Tax Lawsuit Mayor Swaim re l at ed that the State Supreme Court has issued its ruling on the use tax lawsu it, saying that they have determined that t he Judge 's prior ruling was incorrect . He related that t h e ruling allows cities t o collect the use tax. He went on to say that the reason this i s so impo r tant is because it a llows cities to be able to main ta i n t heir fund balance and cash fl ow. He noted that the City of Jacksonville was loos ing approximately $400 ,000 annually from County Sales Tax r evenues because of the ea rl ier ruling , adding that amou nts withheld over the p revi ous months would be returned. He r e lated that whi l e it i s not a huge "win f all", it wi l l he l p with some capital projects such as the Pa r ks pool project. He noted tha t it would be funds tha t would not have to come from the one-cent sales tax . He re l ated t h at one main prob l e~ with the p roject was that f unds would no t come in fast enough to pay the project along as it was being built , if i t went t o contract immediately . He explained that bottom pro ject costs are still bein g negot i ated because there are some items that the Pa rks Commission have looked at that may be 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 20, 2004 7:00 P.M . -7 :29P .M . able to taken out of the total project. He related that it now appears that as those funds come in over the next few months , the project will be able to move forward and be constructed substantially as it was designed. He added that there are minor changes that everyone agrees would not change the effectiveness o f the Park. He then added that the City is thankful to City Attorney Bamburg , along with other city attorneys who have worked together to take the case through the lower court and then to the Supreme Court . He related that in order for the current ruling to change , it would have to be declared that the State Legislature passed an unconstitutional act when it passed Act 31 . City Attorney Bamburg related that the suit was originally filed in 1998 , and was commonly referred to as the Waters Two Case because the same plaintiffs had f i led previously on the issue . He explained t h at it had been d eclared that the Act and the tax was appropriate , and yet when a different decision was handed down by the Supreme Court , the plaintiffs refilled believing that the decision in 1998 had modified the way the Court was viewing the case. He continued that the municipalities, the County and the State agencies that were i nvolved t ogether filed a motion to dismiss based on the fact the issue had already been decided , their cont ention being that it was the same plaintiffs, same parties and that it was a non-issue. He explained that Judge Gray denied the dismissal motion and that in the ensuing four years issued a ruling that was against t h e municipalities and the County . He stated that the Supreme Court ruled today that the motion t o dismiss should have been granted in 1998 . He stated that the City has been escrowing monies since the fall of 2002 and that now those funds can be forwarded to the City in the near future, adding that the monies that have been collected over the past months will again begin coming to the City on a regular monthly basis. Mayor Swaim commended t he efforts of all attorneys who work to bring the issue to end result . ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7 :29p .m. Respectfully, 7 000 1G S City Council Of Jacksonville, Arkansas AGENDA 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: 6 . WATER DEPARTMENT: Regular City Council Meeting June 3, 2004 7 :00P.M . Regular C ity Council Meeti ng May 20, 2004 Regular City Council Meeting May 6 , 2004 7 . WASTEWATER DEPARTMENT: 8 . F I RE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. ST REET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT: a . b. Request to Accept Bid : Aquatic s Park ORDINANCE 1228 (#12-04) Abandon easement at West Main PUBLIC HEARI NG held May 20th City Council Meeti ng SECOND READING ORDINANCE 1226 (#10-04) Adopting Comprehensive Development Plan JACKSONVILLE WATER COMMISSION Appointment of Mr. Larry Wilson for a term to expire 04/20/2012 n~Jn1 0'7 l . '-' -Q CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7 :00 P.M . - 7 :15 P.M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council o f the City of Jackson vi l le , Arkansas met in Regular Se ssion on June 3, 200 4 at the regu la r meeting place of the Council . Alderman Ray delivered the invocati on and Cub Scout Pack 812 l e d a standing audi ence in the "Pledge o f Allegiance" t o the f lag . Pack Leader J eryll Sto ry introduced Scouts Henry Beard , Cody Henson, Ajay Story and Frank l in La thery_ ROLL CALL : Aldermen : Elliott , Smi th , Sansing , Ray , Rinker , Fletcher , Stroud, Twitty, and Ho wa rd answered r oll call . Ma yor Swaim also answered ROLL CALL d eclaring a quorum . Alderman Lewis was absent. PRESENT nine (9), ABS ENT (1 ). Others present for the me e ting were: City Attor ney Robert Bamburg, Director o f Administration Murice Green, Human Resource Director Charlie Bro wn, Finan ce Director Paul Mushrush, City Engineer Jay Whisker, Pu bl ic Works Director J i mmy Oakley, Parks and Re c r eati on Directo r George Biggs, Parks and Recreation Chairman Mar sha Dornblaser, Police Captain Martin, Fire Ch ief Vanderhoof , Edith Sm i th, David McClanahan , interested citizens and members of the pre ss. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular Ci ty Counci l meeting of May 20, 2004 for approval and/or correction at the next Regularly Scheduled City Council Meet i ng . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 6 May 2004 be APPROVED . MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: PARKS & RECREATION : Request to Accept Bid for the Aquatics Park Mayor Swaim stated that wi th the he lp of the Parks and Recreation Comm i ssion the bid was cut by approximately $1 50 ,000,00; addi ng that the City i s a l so able to contri b ute additional funds pr imarily becau se of the ruling in the Use Tax case . He stated t h at the total low bid is $2 ,633 ,250 _00, adding that submitted bids we re carefully evaluated in areas of n egotiati on for comparison . Alderman Stroud moved , seconded by Alderman Howard to approve the low bid for the Aquatics Parks from Flynco, Inc. in the amount of $2 ,633,250 .00 based on the ability to appropriate additional funds from the collection of use tax funds- Mayor Swaim stated that the Park will be constructed substantially as it was designed, noting that there were some alterations i n pool s i ze as well as some changes in t h e aesthet i cs. He offered tha t the pool feature s will remain as orig inally proposed. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING~ JUNE 3, 2004 7:00 P .M. -7:15 P.M. Parks and Recreation Director George Biggs answered t hat the pool would be constructed of plaster. He then recogniz ed the Parks and Recreation Commission, the Mayor and City Council for their contributions in seeing the project to fruition. He related that there had been many negotiations, adding that the Commission is p l eased wi th the final bid . He reiterated his appreciation to the City Council and then answered that the pro j ect is proposed for complet i on in time f o r the 2005 summer. Mayor Swaim recogn ized Fi nance Director Paul Mushrush , the contractor ancl architect as being instrumental in keeping the budget within bicl requ i rements without sacrificing the quality of the Park. He relat ed that a payment schedu l e has been arranged to allow the Ci ty to pay for the project as it develops. At this time, MOTION CARRIED. PLANNING COMMISSION: GENERAL : ORDINANCE 1228 AN ORDINANCE ABANDONING PUBLIC RIGHT-OF-WAY REAL PROPERTY LOCATED ON WES'J~ MAIN STREET , JACKSONVILLE , ARKANSAS (GENERAL LOCATION : REAL PROPERTY LOCATED ON WEST MAIN STREET ADJACENT TO THE NORTH SIDE OF OVERPASS , JACKSONVILLE , ARKANSAS); AND , FOR OTHER PURPOSES . Mayor Swaim related t hat a publ i c hearing was held at the previously regularly scheduled City Council meeting regardin g the abandonment of an easement on West Main. He explained that there is a small parcel left from the construction of the overpass, adding that it serves no p ractical purpose for the City. He explained that the two adjacent property owners have agreed to accept the l and and be respons i ble for maint a ining the property. He stated that the property is approximat ely 2000 square feet and is shaped oddly . Alderman Howard moved, seconded by Alderman Stroud that Ordinance 1228 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray , Rinker , Fletc he r , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi n ance 1228. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1228 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott , Smith , Sansing 1 Ray , Rinker, Fletcher, Stroud, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1228 be p l aced on SECOND READ I NG. ROLL CALL: Alderman Elliott , Smith , Sansing 1 Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg r ead the h eading of Ordinance 1228 . 2 0)~1 69 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3 , 2004 7 :00 P.M. -7:15 P .M. Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1228 be placed on THIRD and FINAL READING . ROLL CALL : Alderman Elliott , Smith, Sansi n g , Ray, Rinker , Fletcher, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the he ading of Ordinance 1228 . Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1228 be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, Lewis, Sansing , Ray, Ri nker , Fletcher, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1228 THIS 3 rd DAY OF JUNE 2004 . Mayor Swa i m explained to the Cub Scouts, the procedure for City Council reading and adopting an ordinance at one meeting ins tead of three separate meetings . b . ORDINANCE 1226 AN ORDINANCE ADOPTING A COMPREHENSIVE DEVELOPMENT USE PLAN FOR THE CITY OF JACKSONVILLE; CREATING JACKSONVILLE MUNICIPAL CODE § 18 .06 ; AMENDING THE JACKSONVILLE LAND USE PLAN, MASTER STREET PLAN, AND MASTER SIDEWALK PLAN; AND, FOR OTHER PURPOSES . Mayor Swaim n ote that the Ordinance was approved on first reading at the r egularly scheduled May 20 t h City Council meeting and was postponed for tonight to offer the City Co unci l additional time to review the Comp r ehensive Development Plan. Alderman Sm i th moved , seconded by Alderman Ray that Ordi nance 1226 be placed o n SECOND READING. ROLL CALL : Alderman Elliott, Smith, Sansing, Ray , Rinker, F l etcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1226. Alde rman Smith moved, seconded by Alderman Sans i ng to APPROVE Ordinance 1226 on SECOND READING . ROLL CALL : Al derman Elliott , Smith , Sansing, Ray, Rinker , Fletcher, Stroud , Twitty a nd Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Sansing that Ordinance 1226 be placed on THIRD and FINAL READING . ROLL CALL: Alderman Ell iott , Smith, Sansing , Ray , Rinker , Fletcher, Stroud, Twitty, and Howard v oted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the h eading of Ordinance 1 226 . Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1226 be APPROVED AND ADOPTED . 3 0JQ170 CITY OF JAC KSONVILLE REGULAR CITY COUNCIL MEETING JUNE 3, 2004 7:00 P .M. - 7 :15 P .M. Mayor Swaim related that the Comprehensive Development Plan was formed through a Committee that hosted several publ i c hearings ; along with the ass i s tance of Me troplan. He added t hat the Plan includes information gathered from a public survey of Jacksonvill e residents . ROLL CALL: Alde rman Elliott, Smith, Stroud, Tw i t ty , and Howa rd voted AYE. Sansing, NAY (0). Ray , Rinker, Fletche r, MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1226 THIS 6H DAY OF MAY 2 0 04 . APPOINTMENT(S): JACK S ONVILLE WATER COMMISSION Alderman Smith moved, seconded by Alderman Howard to approve the! appointment of Mr . Lar ry Wi l son to the Jacksonville Water Commission for: a term to e x pire 4/20 /2012 . MOTION CARRIED. ANNOUNCEMENT (S) : Mayor Swaim thanked the Police and Fire Department regarding their participation in the ve teran's ceremony held at the Ve te ran 's Memorial. He announced that the LRAFB Air Show will be held Saturday and Sunday, encouraging the publi c t o attend . He then relat ed that the CDBG Department is sponsoring a financing/education training seminar at the Commun i ty Center on Saturday beginn i ng at 9 :00 a.m. Alderman Stroud announced t hat the 82nd Airborne would be performing a jump f or the Ai r Show, addi ng that his grandson would be t he second to parachute from the plane . He then answered that his grandson is 19 years old . Mayo r Swaim stated that many of our men and women serving are of a very young age, adding that it affe c ts us all. He invited and encouraged citizen s to participate in t he planned activities schedu led for the we ekend . Parks a nd Recreation Director Ge o rge Bi ggs announced that registration for the fishin g derby begins at 7:00 a .m. June 12th and the fishing de r by will start promptly at 8:00 a.m . Mayor Swaim reminded everyone that early voting is continuing t hroug h 4:00 p .m . Saturday at City Hall . ADJOURNMENT : Mayor Swaim without objection adjourned the meeting a ·t. approximately 7:15 p.m. 4 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting June 17 , 2004 7:00P.M. 1. OPENING PRAYER: 2. ROLL CALL: 3 . PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: Engineering Department Police Department Fire Department Animal Control 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 7:00P.M. 15. APPOINTMENTS : '6 . ANNOUNCEMENTS: ADJOURNMENT: Regular City Council Meeting June 3, 2004 Regular City Council Meeting May 20,2004 Regular Monthly Report for May City Engineer Whisker Regular Monthly Report for May Chief Baker Regular Monthly Report for May Chief Vanderhoof Regular Monthly Report for May Public Works Director Jim Oakley RESOLUTION 573 (#1-04) Supporting renovation of the Jacksonville High School tennis courts PUBLIC HEARING ORDINANCE 1229 (#13 -04) Abandon easement on Marshall Road and John Harden Drive Public Hearing regarding renovation of the Jacksonville High School tennis courts will be held 24 June, 7:00 p .m . at the Jacksonville Community Center 0 J 01.7.1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING: JUNE 17, 2004 7:00 P .M. -7:15 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 June 1 7 , 2004 at the regular meeting place of the Council. Alderman Smith de livered the invocation and Vice Mayor Howard led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott , Smith, Sansing, Ray, Ri nker, and Stroud answered roll call. Vice Mayor Howard also answered ROLL CALL declaring a quorum. Mayor Swaim was attending Municipal League. Aldermen Fletcher and Twitty were absent. Alderman Lewis arrived at approximately 7:03 p .m. PRESENT seven (7), ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, Director of Admini stration Murice Green, Human Resource Director Charlie Brown , Finance Director Paul Mushr u sh, City Engineer Jay Whisker, Public: Works Director Jimmy Oakley, Parks and Recreation Chairman Marsha Dornblaser, Police Chief Baker, Fire Chief Vanderhoof, Lendy Lewis, interested citizens and members of the press. PRESENTATION OF MINUTES: Vice Mayor Howard presented t he minutes of the Regular City Council meeting of June 3, 2004 for a p proval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Ray that the minutes of the! Regular City Council Meeting of 20 May 2004 be APPROVED . MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Sansing to approve the Regu lar Monthly Report for May 2004. Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Remova l 26 5 67 19 9 0 Cost for December $1,204.00 INSPECTIONS PREFORMED Building Inspections 76 Electrical 61 Plumbing 75 HVACR 29 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Stru c tural Repa i rs Made Demolitions 1 1 2 3 4 0 0 REGULAR MONTHLY REPORT/POLICE DEPARTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 17, 2004 7:00 P .M. -7:15 P .M. Alderman Ray moved, seconded by Alderman Sansing t o appr ove the Regular Monthly Report fo r May 2004. Said report reflects the Total Value of Reported Stolen Pr operty $55 ,462 . Total Value of Recovered Stolen Property $22 ,445 and Total Report Sal es $538.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, s econded by Alderman Sans ing to app rove the Regular Mon t hly Report for May 200 4 from the Jacksonvi lle Fire Department, which reflec ts a fire loss of $1,800.00 and a savings tot a l of $78,950 .00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Mo nthly Animal Control Report for May 2 004. Said report reflects: ADOPTION/FINES : $ CONTRIBUTIONS : TOTAL: $ 905 .00 20.00 905 .00 ROLL CALL : Aldermen Elliott, Smith , Lewis, Sansing, Ray, Rinker , and Stroud voted AYE. MOTION CARRIED . GENERAL : 7 :00 P .M. PUBLIC HEARING ORDINANCE 1229 (#13-04) AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY REAL PROPERTY LOCATED IN THE HASKINS COMMERCIAL SUBDIVISION , JACKSONVILLE , ARKANSAS (GENERAL LOCATION: REAL PROPERTY LOCATED AT JOHN HARDEN DRIVE AND MARSHALL ROAD , JACKSONVILLE , ARKANSAS); AND, FOR OTHER PURPOSES . Vice Mayor Howard opened the public hearing at approximately 7 :03p.m. Ci t y Engineer Whisker stated t hat the easement was orig i nally established in the SO 's and since that time the Wastewater Department has l aid a new line and is abandoning the old line . With no one to speak from the public and wi thout objection , Vice Mayor Howard closed the public hea ring at approximately 7:05p.m. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 12 29 be p l aced on FIRST READING. ROLL CALL: Alderman Elliott , Smith, Lewi s, Sansing, Ray , Rinker, and Stroud voted AYE . NAY (0). MOTION CARRIED. Wher e upon City Attorney Bambu rg read the heading of Ordinance 12 29 . Alderman Ra y mo v ed , second ed by Alderman Sansing t hat Ordinance 1229 be APPROVED on FIRST READING. ROLL CALL : Alderman El liott, Smith, Lewis, Sans i ng, Ray , Rinker, and Stroud voted AYE. NAY (0). MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 17, 2004 7 :00 P .M. -7:15 P .M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1229 be placed on SECOND READING . ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing, Ray, Rinker , and Stroud voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg re ad the heading of Ordinance 1229 . Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1229 be p l aced o n THIRD and FINAL READI NG . ROLL CALL: Al derman E ll iott, Smith, Lewis, Sansing , Ra y, Rinker, a nd Stroud voted AYE . NAY ( 0) MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 12 29. Alderman Sansing move d , seconded by Alderman Sm i th that Ordinance 1229 bE~ APPROVED AND ADOPTED. ROLL CALL : Alde rman E lliott, Smi t h, Lewis, Sansing, Ray, Rinker , and Stroud voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1229 THIS 1 7 TH DAY OF JUNE 2004 . WATER DEPARTMENT : WASTEWATER DEPARTMENT : PARKS & RECREATION : RESOLUTION 573 (#1-03) A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF A GRANT TO IMPRO~~ RECREATION FACILITIES IN THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES . City Attorney Bamburg addressed the resolution in the absence of Directo:~ Biggs, explain i ng that the Parks and Recreation Departme nt is requestinq a 50/50 matching grant through the State Arkansas Department and Parks a nd Touri s m . He related that part of the qualifying prerequ is i te is tha~ the City Council pass a Resolution indicating support and pledging the match if awarded the grant . Alderman Stroud moved , seconded by Alderman Lewis to read Resol ution 573 . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o :f Resolution 573 . Alderman Sansing moved, seconded by Alderman Ray to adopt Resolution 573. MOTION CARRIED. DEVIATION IN AGENDA : STREET DEPARTMENT : Request to accept bid Street Sweeper Vice Mayor Howard related that a bid has come in since the agenda was published, as king the City Counci l that if there we re no objections that the bid be considered for action . Alderman Elliott moved , seconded by Alderman Ray to suspend the rules and place the request to accept bid for a street sweeper on the agenda. MOTION CARRIED. 3 000175 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 17 , 2004 7:00 P.M . -7:15 P.M. Public Works Director Street Funds for 2004 . on the bid tabulation, He stated that the Jim Oakley related that the i t ern is f unded by He noted that even though the quote was i ncluded River City Hydraul ics did not meet specifications . next lowest bid to meet specifications is from Gl overs . Alderman Elliott moved, seconded by Alderman Sansing to accept the 2 nd lowest bid from Glovers in the amount of $123,973 .00 and reject the low bid from River City Hydraulics for failing to meeting specifi cations . MOTION CARRIED . Vice Mayor Howard noted that item would be funded through budgeted Street funds. PLANNING COMMISSION: GENERAL: APPOINTMENT (S) : ANNOUNCEMENT(S): Vice Mayor Howard announced that Director of Adminis tration Murice Green is r etiring and this would be his final City Council meeting. The City Council joined in expressing appreciation for h is serv i ce to the City . Vice Mayor Howard announced that the Public Hearing regarding the renovat i on of the Jacksonville High School tennis courts will be he ld 24 June 7 :00 p .m . at the Jacksonville Community Center. Di r ector of Administration Murice Green re l ated that it has been his pleasure to serve the City, adding that the City Council has been supportive regarding projects h e has brought fo rward . He stated that he appreciates the opportunity to have serve the City Council and t he City. Alderman Smith announced that the Annual Patriotic Se rvice will be held July 2nd and practice will be held in conflict with the n ext City Council meeting . It was noted tha t no bus i ness that cou ld not be delayed h as arisen . Alderman Smith moved, seconded by Alde rman Lewis to cancel the regularly s cheduled City Council meeting o f July 1 , 2004. MOTION CARRIED . Alderman Stroud stated the need to make the intersection in front of the new Walgreens more attractive by removing the wooden electric pole and having i t replaced with a meta l pole . He suggested that the City work in cooperation with Walgreens regarding shared funding for the project . Public Works Director Jim Oakley stated that he would r esearch costs and present it to the City Counci l. He noted that there could be situations regarding underground telephone l ines involving the 8 ' deep base wi th 36" of concrete need for the metal pole. 4 OOQ ~_7 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 17, 2004 7:00 P.M. -7 :15 P.M. ADJOURNMENT: Vice Mayor Howard, without objection, adjourned the meeting at approximately 7 :15 p.m . Respectfully, MAYOR TOMMY SWAIM 5 City Council Of Jacksonville, Arkansas 0001 77 AGENDA Regular City Council Meeting 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Engineering Department Police Department Fire Department Animal Control 6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15 . APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT: July 15, 2004 7:00P .M. a. Regular City Council Meeting June 17, 2004 Regular City Council Meeting June 3, 2004 Regular Monthly Report for May Regular Monthly Report for May Regular Monthly Report for May Regular Monthly Report for June FEMA Fire Prevention Grant Request to approve 10% match Request to Accept Bid : Asphalt Overlay FINAL PLAT: Crowder Industrial Subdivision Martin Street Waterline Relocation Shared Cost b . Master Water Plan presented by Garver & Garver c. PUBLIC HEARING : 7:00 P.M . d. d . Closing easement at West Main PRESENTATION: Waste Management! Two Pines Landfill by George Wheatley DISCUSSION: Amendment to Ordinance regarding Loud and Raucous Noises HOSPITAL BOARD Appointment of Mac McAllister for a term to expire 06/30/2009 000178 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7:00 P .M. -7:50 P .M. REGULAR CITY COUNCIL MEET I NG -CITY HALL -#1 MUNICIPAL DRIVE The City Council of t he City of Jac ks o nville, Arkan sas met in Regular Session o n July 1 5 , 20 04 at the regular meet i ng place of the Council. Alderman Stroud delivered the invocat i o n and Mayor Swaim led a standing audience in the "Pledge of Al legiance" to the f l ag . ROLL CALL : Aldermen: E l liott, Smith, Sansing, Ray , Fle t c her , Stroud ancl Howa r d answered roll call. Mayo r Swaim also answered ROLL CALL declaring a quorum. Aldermen Lewis and Rinker we re absent . Alderman Twitty a rrived at: a pproximately 7 :18 p.m. PRE SENT eight (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tw anya Johnson, Human Reso urce Di rect or Charli e Brown , FinancE~ Director Paul Mushru sh , City Engineer Jay Whisker, Public Work s Director Jimmy Oakley , Parks and Recreation Director George Bi ggs , Police Captain J .J . Marti n, Fire Chie f Vanderhoof , Water Department Supe r intendent Ken Anderso n, Mr s . Judy Swaim, Mrs. Edith Smith, Mr s. Glenda Fletcher, interested citizens and membe rs of the pres s. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes o f the Regular Ci ty Council meeting of J une 17, 2004 fo r app rova l and/or correction at the next Regularly Scheduled City Council Meet ing . APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seco nded by Alderman Howard that the minutes of th•~ Regular City Council Meeting of 3 June 2004 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve t h e Regular Monthly Report for June 2004 . Said report refl ects: PERMITS/LICENSE ISSUED Bu ilding Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 29 8 1 37 5 20 Trash Removal Cost for December $ 12 219 .00 INSPECTIONS PREFORMED Building Inspection s Electri cal Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Struc tural Maint . Letters Str uctural Repairs Made De mo litions 1 109 107 1 10 58 6 0 0 0 0 REGULAR MONTHLY REPORT/POLICE DEPARTMENT 000179 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P .M. -7:50 P.M . Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2004 . Said report reflects the Total Value of Reported Stolen Property $120,838. Total Value of Recovered Stolen Property $78,460 and Total Report Sales $432.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2004 from the Jacksonville Fire Department, which reflects a fire loss of $334,500.00 and a savings total of $265,500.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Anima l Control Report for June 2004 . Said report reflects : ADOPTION/FINES: $ CONTRIBUT I ONS: TOTAL: $ 609 .5 0 0 .00 609 .50 In response to a question posed by Alderman Stroud, City Engineer Whisker reported on condemned prope rties located on Pike and Roosevelt . He stated that the extensions granted by the City Council have expired as of one month ago. He related that efforts h ave been made on Pike with less effort showing at Roosevelt . Alderman Stroud suggested that another lette r be sent to t he owner on Roosevelt outlining a deadline for the completion of the repairs . ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Fletcher, Stroud and Howard voted AYE. MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT: DEVIATION IN AGENDA : GENERAL : b. Master Water Plan presented by Garver and Garver Mr. Thad Gray introduced Mr . Kirby Roland Vice President of Garver & Garver Engineering . He related that Mr. Roland has worked with the Water Department for the past thirteen years on various projects . He stated that Mr . Roland serves as the manager of the environmental department at Garver & Garver, obtained his civil engineering degree with the Univer sity of Arkansas, and has been honored with the Arkansas Academy of Civil Engineering. He stated that the present Master Study is the t h ird five -year master study that they have performed for the Water Department. He stated that a lot happened in the la te 90's and the early 2000 's, explaining that in the late 90 's the Water Department had to consider numerous ave nues for water production. He stated that since that t ime partnerships have been developed with Central Arkansas Water; North Lit tle Rock and Little Rock Water have merged; adding tha t Jack sonvi lle Water has been a partner with them since 1978 under contract and have 2 000180 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P.M. -7 :50 P .M. received 3 million gallons of water daily on a steady flow from Central Arkansas water. He stated that for many years Jacksonville has had water wells to the east and there have been many studies rega rding the long- term available and dependability of that water source. He stated witt. that partnership they have moved forward with a vigorous campaign to maintain the outstanding qual ity of water. He stated that if action lS not taken in the next five to six years we may not have the water that we need. Mr. Kirby Roland stated that the current Master Water Plan was completed i n 2003, adding that the Jacksonville Water Commission has adopted the plan and it is on fil e with the Arkansas Department of Health . He added that in accordance with State law it was submitted to and approved by the Arkansas Soil and Water Conservation Commission to be adopted to the Arkansas Water Plan f or water plan compliance. He stated that this if:; the current plan to continue to provide the quality of water that: Jacksonville now enjoys. He stated the goal to continue to find the best water source f or Jacksonville now and in the future. He noted that Jacksonville is surrounded by other water systems such as Central Arkansas Water, North Pulaski, Cabot, Bayou II , a n d Furlow on all sides . He stated that this i s the limitation of growth as far as water service. He outlined the water rights service areas for Jacksonville, which has been adopted by the Soil, and Water Commission. He stated that population projections were taken into account in studyinsr the future needs of Jacksonvil le, noting that Jacksonville has had a fairly low growth rate with approximately 30, 000 in population . He stated that it is projected that Jacksonville will have approximately 35,000 in 2020 if the current growth rate continues. He stated that a study just completed by the Mid-Arkansas Water Alliance, of which Jacksonville is a member, has projected the population to be 44,000 in 2050 . He related that the growth rate is used to project future water needs, adding that in 2020 it is estimated 7 million gallons on the average with 12 million on maximum days . He noted that the current average is 4.5 million. He stated that water system that includes water storage tanks, the distribution system, pump statio ns and water plant are designed to provide maximum day water. He stated that by 2020 Jacksonville would need to be able to provide 20 million gallons daily. In response to a question, Mr . Roland reminded the City Council that previously Jacksonville was supplying between 1 and 2 million gallons daily to Cabot before they built their own well field and treatment plant. He stated that Cabot plans to obtain water in the future from Central Arkansas Water. He stated that currently Jacksonville purchases 3 million gallons o:: water daily from Central Arkansas Water and the remainder is supplied from the well field. He noted that the treatment plant that takes wate= from the well field currently treats approximately 8.5 million gallons da il y, which is the limitation it can treat. He noted that wells are the least expensive water that i s used in the system . He stated thai: 3 0:J0181 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEE T I NG JULY 15 , 2004 7:00 P.M. -7:50 P.M . Jacksonville takes water from the Alluvial Aquifer, re ferring to a chart that shows that in the last 30 years it has dropped almost 30 feet, fairly continual . He stated that Jacksonville is getting close t o the bottom of that water supply and as the water drops the quality of water tends to drop. He stated that each of Jacksonville's wells have monitoring wells which allows them to continually check the Aquifer level . He related that Jacksonville has eleven wel l s, two of which are inactive, one is pumping sand and the other has low quality water . He stated that well #12 has just been approved and is under construction to replace one of the well lost , adding that the well should be on line in the next 30 days . He stated that for example in well #3 you can determine a continual decline of the aquifer level but a slight rise due to the heavy rains but overall it is expect to continue to decline. He stated that in projecting out , well production may become unusab l e in 20 1 5 give or take five years. He stated that the capacity of all eleven we l ls will decline to the po int to where there will not be enough wa ter to the wa ter plant for the smallest pump-to-pump water . He stated that the chart shows that as the years go by t he amount o f water to be purchased from Central Arkansas Water will need to be increased . He stated that the City will need to obtain water from another source, adding that past reports regarding source water examined the Arkansas River, Bull Creek and Greer 's Ferry as supplemental sources but the cost was astronomical. He noted that costs came in over two hundred million dollars. He pointed out that since 19 97 North Little Rock and Little Rock joined to become Central Arkansas Water and MAWA was formed and is looking for the future source for the entire Central Arkansas area . He noted that MAWA covers approximately ten counties and has 26 county members and are currently looking at a request to the Corporat i on of Engineers to obta in wate r from lake s for future use. He stated that Central Arkansas Wa ter has good quality water and has the capability to provide water with the Wi l son plant that treats 150 milli o n gallons daily and the Ozark Point Plant that can treat 24 million gallons daily. He noted that the capac i ty is there , the question is how to get the water to Jac ks onville. He related that Jacksonville, Cabot and North Pulaski joined together with Central Arkansas Wa t er to determine the best plan to build additional pump stations and pipe lines to get water to those areas , adding that everyone would pay their proportional share wh i ch would keep the cost of water low in t e rms of the gallons per thousand. He stated that the facilities would be built over the next six years . He reviewed the projects funded and currently under construction regarding pipe l ines from the Wi l son Plant to the Arkansas River. He stated that project D is in the planning stage regarding two pipe lines across Interstate 430 bridge, adding that the pipeline would continue basically following the existing pipelines at Pike Avenue and on thro ugh Gravel Ridge. He stated that the p i peline will enable Jacksonvi l le to ta ke up to 6 million gallons da i ly, adding that there would be a second connection at Kiehl Avenue, which would connect to the system to handl e another 6 million gallons daily making the projected 12 million needed . He rela ted that the re would be some internal pro j ects needed in order to get the water to the customers. 4 000182 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P .M. -7 :50 P.M. He outlined the internal projects including an additional pipeline front the West Plant to Paradise and the Marshall Road tank. He noted that a better opt ion to the pipeline from Kiehl Avenue going up 161 would be up the railroad tracks where a third tank would be installed to meet fire flow and storage needs as required by Health Department. He t hen reviewed the cost estimates, culmina ting in Jacks o nville's share being approximately $18 , 731, 000.00. He noted that Jacksonville has a trust fund regarding mon i es saved for the project t otaling 6 to 7 million dollars. He stated both his firm and the firm of Engineering Eco n omic Services were hired to do a cost of rate study to determine what would bE! the bes t way to fund the remainder of the pro j ect. He stated that thE! study is still in progress, but it is felt that one rate increase would be t oo large. He stated that they are looking at staggered rates that wou ld be covered over several years to lower t h e impact of those costs .. In response to a question posed by Alderman Smith, Mr. Roland related that the outstanding funds is approximately 12 million dollars , adding that as bids are taken it is hoped that cost estimate will decrease. Alderman Fletcher question if once the new system is on l ine would Jacksonville still be dependant on we l ls and how many pump stations would be involved in the project. Mr. Roland answered that Little Roc k has a couple of large pump station~> at their plant s ite and that pump station #2 will be used to p u mp water to Jacksonville. Alderman Ell iott expressed his appreciation to the Staff and Commission .. Mayo r Swaim stated that water is an item that can make or break a community , adding that many years ago the City was able to secure the 3 million gallons and now has the capability to allow Jacksonville to have water for many years into the future. He noted that, as wi th most progressive moves there is a price . He noted that when t he study is completed the Water Commission would return wi t h their proposal . RESUME AGENDA FIRE DEPARTMENT : FEMA Fire Prevention Grant Request to approve 10% match Chief Vanderhoof stated t hat in 2003 the Fire Department appl i ed f or a FEMA Fire Grant o f $79,000 that was received wh ich finished the air pack project. He added that there were remaining funds for fire prevention regarding cities with a fire prevention program in place . He no t ed that Jack sonville had incorporated a f ire prevention program many years ago . He explained that the City has one of only a few safety houses in Ar k ansas, adding that there are numerous requests from other communitie:3 to utilize the fire safety house. He stated that currently a rescue truck is used to transport the safety house , tying up a vital piece of equi pment. He related that the Fire Department appl i ed for a gran t of $49,000.00 to be used to purchase a vehicle to transport the safety house and $2,000 for smoke detectors and $2 ,000 for batteries . He stated t ha ~ the grant from FEMA is $44,100.00 and the City match would be $4,900 .00 . 5 O'lf'1°3 ' ~ u (.) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P .M. -7 :50 P.M. Alderman Stroud moved, seconded by Alderman Smith to accept the grant and approve the expenditure of $4 ,900 .00 from the Capital Improvement Fund. Chief Vande rhoof n oted that in the past two years the Fire Department has r eceived $175,000 in grants . At this time, MOTION CARRIED. POLICE DEPARTMENT : PARKS & RECREATION: STREET DEPARTMENT: Request to accept Asphalt Overlay bid Mayor Swa im noted that s ince the milling price came in lower t han expected regarding the lowest bidder , additional streets could be added to the asphalt overlay list . He stated that the new amount is $221 ,54 5 .90 as opposed to $1 84 ,57 9 .41 , wh i ch i s within the b udg e ted amount. Alderman Stroud moved, seconded by Alderman Smith to accept the low bid from Freshour Construction in the amount of $221 ,545.90 at $40.98 per ton for the asphalt and $1.20 per square yard for milling . MOTION CARRIED . PLANNING COMMISSION: FINAL PLAT Crowder Industrial Subdivis ion Mayor Swaim stated that Crowder Industria l Subdivision is a one -lot subdiv i sion on Ge n eral Samue l s Road that belongs to the City as part of the Industrial Park. He explained that the City had an opportunity to sell a portion of the property, which required being subdivided . Alderman Elliott moved, seconded by Alderman Smith to approve the Final Plat of the Crowder Industrial Subdivision . MOTION CARRIED . GENERAL: a. Martin Street Waterline Relocation Mayor Swaim explained that the City has an opportunity to pro j ect share cost wi th the Water Department since the Water Depa rtment had scheduled upgrad i ng to better supply water to all the customers in conj unct ion the City building the new pool . He noted that if approved the funds would be taken out of the Capital Projects Fund . Mr . Mushrush noted that the shared upgrade costs from a 4u to 6u water line would be approximately $18 ,592 .00 . Alderman Elliott moved, seconded by Alderman Ray to approv e exp enditure co s t of up to $20 ,000.00 to be drawn from the Capital Projects F u nd. MOTION CARRIED . c. Presentation Waste Management/Two Pines Landfill by George Wheatl ey Mayor Swaim stated the i tern has been rescheduled for the Regularly Scheduled meet i ng of August 5 th . 6 ·oools4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P .M. -7:50 P .M. d . DISCUSSION amen dment to Loud and Raucous Noise Ordi nance Alderman Stroud stated that he had spoken previously with former Chief Ruthven regarding his concerns, and has since attended a workshop at the Municipal League dealing with loud and raucous noises. He related that in speaking with Chief Baker he learned that the City r ece ive s approximately 80 nois e complaints monthly. He stated that currently officers have to carry a decibel meter in order to measure noise complaints. He stated that he feel s that the Ordinance, as written, is not doing the job. He stated that he would like the City Council to appoint a committee to work with a Police representative to amend the present Ordinance. Alderman Tw itty stated tha t it would be hard for the Police to track noise complaints regarding pass i ng vehicles, adding tha t if it were a noise complaint regarding a house they would be able to arrive on the scene in time to witness the complaint. Discussion ensued regarding the various types of noise complaints received by the Police Department. Alderman Fletcher stated that to his understanding it has always been a logistic matter requiring a decibel meter reading in order to cite someone . Alderman Ray stated that when the Ordinance was originally adopted issues regarding decibel meters were discussed and he had thought that the Ordinance allowed an officer to respond to noise related calls at houses without a dec ibel meter and stop cars with boom boxes . Mayor Swaim stated that the present Ordinance requi res a decibel readinq regarding court enforcement not so much for po l ice enforcement . Captain J.J . Martin responded to a request from Alderman Smith to address any Pol ice concerns , saying that the Police support Alderman Stroud's effort to modifying the Ordinance . He stated that the Police find it frustrating to respond to a call because without the decibel meter i t will not hold a conviction in court. He offered that the Police would be willing to work with the Committee and offered that at one time he had researched the issue under former Chief Ruthven. He then explained the difficulties in obtaining an accurate reading using a decibel mete:c regarding the base and octave level adjustments . He stated that the biggest complaint that they have is cars with loud mus i c, adding that i·c is fru strating for an officer to pull up next to a vehicle with loud music and not be able to do anything about it. He stated that Police Department would support an ordinance that is enforceable. Al dermen Howard , Smith and Fletcher volunteered to serve on the committee. Alderman Fletcher suggested that someone from the music equipment profession be included on the committee. 7 MASTER STREET PLAN 000185 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 15, 2004 7 :00 P.M . - 7 :50 P.M . Alderman Smith moved, seconded by Alderman Elliott to suspend the rules and place the item of setting a public hearing on the agenda . MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Smith to set a public hearing at 7:00p.m . for the regularly scheduled City Council meeting of August 5 th regarding amending the Master Street Plan. MOTION CARRIED. APPOINTMENT(S): HOSPITAL BOARD APPOINTMENT Alderman Smith moved, seconded by Alderman Elliott to approve the appointment of Mr . Mac McAllister to the Hospital Board for term to expire 06/30/2009 . MOTION CARRIED . ANNOUNCEMENT(S): Mayor Swaim announced that Alde r man Kenny E l l i ott was elected District 2 Vice President for t he Ar kansas Municipa l League . ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:50p.m. Respectfully , sa~~ City Clerk-Treasurer 8 ·000186 ' -City Council Of Jacksonville, Arkansas AGENDA 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: 6. WATER DEPARTMENT: Regular City Council Meeting August 5 , 2004 7:00P.M. Regular City Council Meeting July 15, 2004 Regular City Council Meeting June 17, 2004 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . ST REET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REG . DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 7:00 PUBLIC HEARING 15. APPOINTMENTS: 16 . ANNOUNCEMENTS: ADJ OURNMENT: a. Request for Grant Matching Funds Local Law Enforcement Block Grant Program Legacy Development and West Main Relocation ORDINANCE 1230 (#14-04) Amending JMC § 12.04.010 & the Master Street Plan b. PRESE NTATION by Mr. George Wheatley Waste Management/Two Pines Landfill c. RESOLUTION 574 (#2-04) Authorizing the Mayor and City Clerk to execute documents for the West Interceptor Project. 000187 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5 2004 7:00 P .M. -7:17 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 August 5 , 2004 at the regular meeting place of the Council. Alderman Ray del i vered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to t he flag . ROLL CALL : Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard answered r oll call . Mayor Swaim also answered ROLL CALL declaring a quorum . PRESENT t en (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Depu ty Clerk Tawnya Johnson , Human Resource Director Charlie Brown, Finance Di rector Paul Mushrush, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief Vanderhoof, Police Captain J. J. Martin, CDBG Director Theresa Watson, Wastewater Manager Thea Hughes , Mrs . Glenda Fletcher , Mrs. Lendy Lewis, Mr . Tommy Dupree, Mr. Larry Dupree, Mrs . Judy Dupree, Mr . Larry Smith, interes ted citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regu lar City Council meeting of Augus t 5 , 2004 for approval and/or correction at the next Re gularly 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 17 June 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT: Request to Grant Matching Funds for Local Law Enforcement Block Grant Program Mayor Swaim stated that the Police Department has secu red a gra n t for $12,796 .00 with a $1 ,280 .00 match . Alderman Elliott moved, seconded by Alderman Sansing to approve grant- matching funds of $1 ,280.00 to be drawn from Capital Equipment fund. MOTION CARRIED . 7 :00 PUBLIC HEARI NG r-. GENERAL: a. ORDINANCE 1230 (14-04) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §12 .04.010 ET . SEQ. AND THE MASTER STREET PLAN FOR THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES. 1 000188 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2004 7:00 P.M . -7:17 P.M. Mayor Swaim opened the public hearing at approximately the 7 :02p.m . Mayor Swaim stated tha t Ordinance 1230 involves an amendment to th•= Master Street Plan that places access roads and through streets in the proposed future development of the Legacy Development property within the Master Street P l an. He noted that the Developme nt i s primar ily for commercial development. He noted that the Ordinan ce also addresses the West Main Relocation Plan. He stated that the West Main Relocation would extend into the Legacy property. Maps were displayed for audience comment . Alderman Elliott moved, second ed by Alderman Ray to close the public hearing at approximately 7:04p .m . MOTION CARRIED . Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1230 be placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith , Lew is, Sansing, Ray , Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1230. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1230 be APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smit h , Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard v oted AYE . NAY (0). MOTION CARRIED. Al derman Smith moved, seconded by Alderman Lewis that Ordinance 1230 be placed on SECOND READING . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read t he heading of Ordinance 1230. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1230 be placed on THIRD and F INAL READING. ROLL CALL: Alde rman Elliott, Smit~, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard vo ted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read tt.e heading of Ordinance 1230 . Alderman Elliott moved, seconded by Alderman Lewis that Ordinance 1230 be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Ell iott, Smith, Lewis , Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPT ED AND NUMBER 1 2 30 THIS 5 Ta DAY OF AUGUST 200.(t . 2 000189 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 20 0 4 7 :00 P.M. -7:17 P .M. PARKS & RECREATION : STREET DEPARTMENT: PLANNING COMMISSION: GENERAL : b . PRESENTATION Waste Management/Two Pines Landfill Mayor Swaim recognized Mr . George Wheatley, expressing that Waste Management has funded schola r ships for City o f Jacksonville students for a numb e r of years. Mr . Wheatley introduced Mr . Jim Dunbar the enginee r for Two P i ne Landfill . He menti oned earlier presentations made at t he Chambe r of Commerce and with City Coun c i l. He state d that the scholar ship p rogram was started in 1 999, donati ng fund s to the City of Jacksonville and t h e Educa tion Foundati on . He stated that he is presenting a check to the City for $25,000 .00 for 25 new schola rships , a dding that the scholarships are for stude nts in Jacksonvil l e and North Pulaski County . He related that the t otal c ontribution for educational scholarships is approximately $27 0 ,000 .00 since 1999. He continued tha t 219 students have been offered scholarships, adding that many of the students would no t have at t ended col l ege without the scholarships. He stated that some students only p lanned to at tend for one semester or one year but cont i nued to get their degree . He stated tha t Waste Management is very proud of the students . He read "thank-you" notes from stude nts awarded scholarships, expressing the i r appreciation f or the encouragement the sch olarship provi ded them in establishing the ir motivation to begin and complete a college degree . Mayor Sw aim was pre sented a check for $25,000 .00 for the educational scholarships. Mayor Swa im expre ssed his apprec i ation to the Waste Management Company as a good corpo rate c i tizen in the Commun ity . He explained t h at the scholarship is intended f or those students who would not otherwise have received a scholars h i p or opportun ity t o attend college . He noted that the scho larship offers studen t s the incentive to try college f or at least o ne semester, adding t hat many times after beginning t h ey dis cover t hat they can accomplish a full formal education . c . RESOLUTION 574 (#2-04) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE , ARKANSAS, TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE WEST INTERCEPTOR PROJECT ; AND , FOR OTHER PURPOSES. Mayor Sw aim stated tha t the Ci ty is pr i vileged to have good Was tewa t er a nd Water Commissions. He related that the Wastewater Commiss i on has been forward thinking and is planning an outfall line to help development in west Jacksonville . He stated that Resolution 574, as a forma l ity , wi ll provide authorizati on to procure necessary easements for the project. Alderman Smith moved, seconded by Alderman Howard to read Resolution 574 . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 574 . 3 0 00 190 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 5, 2004 7 :00 P .M. -7:17 P.M. Mayor Swaim note d t h at the planned project is es t imated at approximately two mill i on dol l ars. Alderman Smith moved, seconded by Alderman Sansing to approve Resolution 574. MOTION CARRIED. APPOINTMENT(S): Ma y or Swa i m a nno unced that Mr . Martindill of the Peaches establishment has chosen to appeal the ruling from the ABC Board, addinq t hat the dat e fo r the rehearing will be forthcoming . He s t a t ed that the City will be prepared to go before the fu l l ABC Board to defend its pos i tion. In response to a question posed by Al derman F l etcher regarding amendments to t h e present s ign ordinance, Mayor Swa i m stated that at t his poin t t he Ci ty will need to proceed on t h e current cour se . He added that the City is considering other possib l e avenues once t he hearing p has e 1:> completed . ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting a i: approximately 7 :17p .m . Respectfully, 4 City Council Of Jacksonville, Arkansas 1. OPENING PRAYER: 2. ROLL CALL : 3. PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: Fire Department Police Department AGENDA Regular City Council Meeting August 19, 2004 7:00P.M. Regular City Council Meeting August 5 , 2004 Regular City Council Meeting July 15, 2004 Regular Monthly Report for July (Chief Vanderhoof) Regular Monthly Report for July (Chief Baker) Engineering Department Regular Monthly Report for July (Public Works Director Jim Oakley) Regular Monthly Report for July (Public Works Director Jim Oakley) Animal Control ,___ 6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION : 14. GENERAL : 15. APPOINTMENTS : 16. ANNOUNCEMENTS : ADJOURNMENT: a . FINAL PLAT for Clover Ridge North PH I (Mayor Swaim) (Included in packet) ORDINANCE 1231 (#15 -04) Condemnation of various properties (Mayor Swaim) b. RESOLUTION 575 (#3-04) Supporting the Legacy Development (Mayor Swaim) c. PRESENTATION of Water Rate Study (Mayor Swaim) (Included in packet) d. 2003 Audit presented by McAllister & Associates (included in packet) (Mayor Swaim) 000191 000192 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7:00 P .M. -7:56 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regula= Session on August 19, 2004 at the regular meeti ng place of the Council . Alderman Howard delivered the invocation and Boy Scouts Alec Raymond and Bryan Raymond led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL : Aldermen : Elliott, Smith, Ray, Rinker, F l etcher , Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Aldermen Lewis, Sansing , and Twitty were absent . PRESENT seve::1 (7), ABSEN T (3). Others present for the meeting were : City Attorney Robert Bamburg, Deputy Clerk Tawnya J ohnson, Human Resource Director Charlie Brown , Finane·:= Di r ector Paul Mushr ush, Finance Accountant Cheryl Erkel, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs , Fire Chief Vanderhoof, Police Captain J.J. Martin, Water Commission Chairman Thad Gray, Water Department Manager Ken Anderson, Mr. Larry Dupree, Mr . Tommy Dupree, Mrs . Judy Dupree, Mr. Tommy Bond, Justice of the Peace Dennis Sobba, Mac McAllister, Mr . Gerald Clark, Larry Smith, interested citizens and members o f the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the Regular City Council meeting of August 5, 2004 for approval and/or correction at t he next Regular l y 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 15 July 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for July 2004 from the Jacksonville Fire Department , which reflects a fire loss of $23 ,000 .00 and a savings total of $10,500 .00 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for July 2004 . Said report r eflects the Total Value o f Reported Stolen Property $104,385 . Total Value of Recov ered Stolen Property $43,884 and Total Report Sales $492 .00. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Mon thly Report for J uly 2004 . Said report reflects: 1 000.193 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19 , 2004 PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mow ed Trash Letters Trash Removal Co st for December 19 10 249 0 51 0 $.00 7:00 P .M. -7:56 P.M. INSPECTIONS PREFORMED Building Inspections 80 HVACR 98 Plumbing 94 Electrical 45 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Structural Repairs Made Demo li tions 18 1 4 0 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for July 2004. Said report reflects : ADOPTION/FINES: CONTRIBUTIONS: TOTAL: $697.00 0 .00 $697.00 Alderman Stroud commended the Public Works Department for doing a good job. He stated that while the City does not want to curtail carport or garage sales, the public is not complying with the sign ordinance . He asked City Engineer Whisker if any letters were sent to address sign violations . He suggested a policy change of notifying the public of sign viol ations regarding discarded or abandon ed carport/garage sale signs . At this time a ROLL CALL vote was taken to accept the Consent Agenda: Aldermen Elliott, Smith, Ray , Rinker , Fletcher , Stro ud , a nd Howard vot e d AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT: POLICE DEPARTMENT : SANITATION DEPARTMENT : STREET DEPARTMENT : PARKS & RECREAT I ON: PLANNING COMMISSION : FINAL PLAT for Clover Ridge No rth PH I Mayor Swaim noted that the Planning Commission has recommended approval of the Final Plat and City Engineer Whisker i s satisfied with the improvements . Alderman Smith moved, seconded by Alderman Howard to approve the Final Plat of Clov er Ridge North PH I . MOTION CARRIED. 2 000191 GENERAL : a . ORDINANCE 1231 (#15-04) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19 , 2004 7 :00 P .M. - 7 :56 P .M. AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT THE VARIOUS UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE, ARKANSAS , FOR STRUCTURAL DEFECTS, DEFICI ENCIES, AND PUBLIC HAZARD CONDITIONS ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. Mayor Swaim asked i f anyone wishes to speak regarding the properties addressed as 149 Roosevelt , 212 East Main Street or 112 Pulaski . Mrs. Neva Johnson stated that her son is in the process of removi ng the structure at 149 Roo sevelt. She explained delays regarding the weather and holidays . She further related that her son is only able to work on the structure on the weekends. She then answered Mayor Swaim, saying that she has spoken with City Engineer Whisker rega rding her intention to take down the structure . Discussion ensued regarding the 90 -day procedural period involved with the passage of the Or dinance. Mrs. Johnson stated that she was hopeful that 90-days would be enough time to remove the structure before the City takes action to demolish the house . There were no other responses regarding the other properties addressed. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1231 be placed on FIRST READING. ROLL CALL : Alderman Elliott, Smith, Ray, Rinker , Fletcher, Stroud, and Howard voted AYE. NAY ( 0) . MOTIO N CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1231 . Alderman Ray moved, seco nded by Alderman Elliott that Ordinance 1231 ce APPROVED on FIRST READING. Alderman Stroud noted that the Ordinance condemns three structures, questioning City Engineer Whisker as to the number of houses in Jacksonville that would qualify for condemnation . City Engineer Whisker stated that there are more, adding that he tries to maintain a number that the Engi neering Department can keep t rack o f. Ee related that six were being worked, explaining t hat three were ongoi~g from previously. He related that two have already b een torn down and one is in the midd l e of a building permit and half-way finished . Alderman Stroud noted that because of funds there is no way the City could condemn all the houses that would need to be torn down. He estimated that at least fifty houses qualify to be condemned . He expressed concern for the lengthy process involved i n identifying a structu re and notifying the property owner regarding condemnation. He related that the pro ce ss takes as long as a year. 3 000195 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7:00 P .M. -7 :5 6 P.M. City Engineer Wh i sker related that current property t i t le searches began February 12 , 200 4, pointing out that the Ordinance provides an additional 90 days to the condemnation process . Alderman Stroud suggested a procedure of notification that would cut the lead-time by 75%, adding that it would alert property owners that they need to repair or demolish the property sooner . He stated t hat he understands that there are leg ali ties involved, but suggested that earlier notification could shorten the time fr ame . Alderman F letcher stated that if it takes almost a year to condemn slx houses, it could take as much as eight years to condemn fifty houses . He related that the process t ime only increase the growing list of houses for condemnation . He supported in creas ing funds and a policy change. Mayor Swaim stated that approximately $20,000 .00 annua l ly is budgeted for condemnations and demolitions . He noted that ten h ouses would increase that budget to $60,000.00 annua l ly , adding that it would be a considerable increase . He noted that the budget process has begun and should the Council want to consider increasing the line i tem, now would be the time to make thos e recommendations. Alde rman Fletcher stated that now might be the t ime t o become mo r e aggressive wi t h funds to a ddress the growing number of condemnations . Alderman S t roud stated that his object i s to prevent the City from havin g to expend additional funds by offering an increase d lead-time for the owner to address their considerations . Mayor Swaim stated that t he budget would need to re fl ect cons ideration for increasing the number of houses being considered for condemnation . ROLL CALL : Alderman Elliott, Smith, Ray, Rinker , Fl etcher , Strou d, and Howa rd voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Str oud that Ordinance 1231 be placed on SECOND READING. ROLL CALL : Alderma n Elliott, Smith, Ray, Rinker, Fletcher , Stroud , and How ard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg r ead t he heading of Ordinance 123 1. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1231 be placed on THIRD and FINAL READING . ROLL CALL: Alderman Elliott, Smith , Ray , Rinker , Fletcher, S troud, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 123 1 . Alderman Sm ith moved, seconded by Alderman Howard that Ordinance 1231 b e APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Sm i th, Ray, Rinker , Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. 4 0001 D6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7:00 P.M. - 7 :56 P.M. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSl~ be approved and adopted . ROLL CALL : Alderman Elliott, Smith, Ra y, Rinker, Fletcher, Str oud, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1231 THIS 19™ DAY OF AUGUST 2004 . b. RESOLUTION 575 (#15-04) A RESOLUTION URGING SUPPORT OF THE NORTHBELT FREEWAY ENVIRONMENTAL IMPAC'.r STUDY , THE FREEWAY ACCESS STUDY FOR U .S . 67/167 , AND THE U.S . 67/167 WILDWOOD AVENUE TO REDMOND ROAD ENVIRONMENTAL ASSESSMENT IN SUPPORT OF THE PROPOSED LEGACY DEVELOPMENT; AND, FOR OT HER PURPOSES . Mayor Swa im noted that the Resolu tion was prepared in suppo r t of the Legacy Deve lopment formally known as the Dupree Farm bean fields . H•2 noted that the Resolution contains some commitment from the City to support efforts to establi s h the transportation through the property . Alderman Elliott moved , seconded by Alderman Smith to read Resolution 575. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 575 . Alderman Smith moved, seconded by Alderman Howard to approve Resolution 575. MOTION CARRIED . c . PRESENTATION of Water Rate Study Jacksonville Water Commiss ion Chairman Thad Gray addresse d the City Council, noting tha t they had been before the City Counci l the previous month wi th a presentation regarding t h e Master Plan a n d t h e Capi tal infrastructure tha t will be require f or the City o f Jacksonville to maintain quality wat e r for the citizens. He related that the study t o fund the cap ital infrastructure outlay. He i ntroduced Financial Analyst Shawn Koor n o f Economic and Engineering Se r vices, Inc. to present the r es u l ts of the Water Rate S tudy. Mr . Koorn r elated tha t he would be reviewing the process of setting cost based rates, the revenue re quirements, cos t of service and r ate d es i gn analys i s as designed for the Jacksonville Waterwo r ks and f i nal ly review the recommendations . He stated that the rate setting process is a three- step process beginning with the de v el o pment of the r evenue requirement, which compares the source of funds to expense s to determi n e the overall l eve l of rate adjustment. He stated t h at t he next step is to allocate tho se cost to the d iffere n t customer c lasses of servi ce , n oting that Jacksonv ille Waterw o rks ha s the r etail class of residential and commercial , bulk outside the City customers , and t he Air Force Base . He stated that the final step is to d esign rates for each c l ass around the al l ocated cost . He noted that the overview of t he revenue requirement analysis compa r es the utility 's source of funds to t he appl ication of funds, which determines the adequacy of the utility 's e xisting r ates cr revenue g eneration over an extended period. He noted that the study was projected for a 16-yea r period extending t o 2020 in orde r to include 5 CITY OF JACKSONVILLE RE GULAR CITY COUNCIL MEETING AUGUST 19 , 2004 7:00 P.M. -7:56 P.M . 0001.97 changes expected in 2011/2012 . He stated that the f ocus was 2004 to 20 08, which is the recommended rate ad justment period . He related that beginning wi th the 2004 budget through 2010 there is an expected 20 .5 million dollar capital pro ject expenditur e . He the n noted that from 201 1 to 2020 there is an 1 8 million dollar expected expenditure for capitol projects. He listed the major capital projects from 2004 to 2010 as being t he Ce nt ral Arkansas Water Tr ansmission Li ne s at 8 . 3 million, South Source Improvements at 6.6 mi llion , Tanks and Reservoirs at 2 .4 million and Renewal and Replacement projects at 3 .2 million. He stated that that th ey developed six a l ternative methods for financing ranging from 100% low-interest debt loans to 100% rate adjustment funding . He stated that the recommended f undin g mechanism is towa r d the middle around 4 .5 mi llion in l oans , considering that there could be a need for additional loans in the future and it would not be prude nt to overload the utility with debt. He n ote d that there are some reserves avai lable to fund the project . He then reviewed the revenue summary requirement analysis, suggesting a proposed rate transition plan t hat wo uld minimize the impact to the customer . He no t ed that the r ate i ncrease wou l d equal the purchase of two to three bottled waters, adding that it is not a significant impact. He stated that at this time an adjustment to water rates would be prudent and necessa r y to fund future capital projects . He stated that the timing and final adjustments are a policy decision, adding that the recommendation i s the 4 .5 million loan funding and the proposed transition plan and rate adjustments. He reviewed the allocation of cost between customer classes , noting that if one class is causing a peak in the system they would receive a higher contr i bution of those peak cost . He stated that the 2005 projected consumption for each class group was used to analyze cost increase , which provides a unit cost for eventual rate designs . He reviewed the tot al by customer class and the allocated cost for each , noting that the overall adjustment rate is 28 % with outside the City bulk customers being at 4 .5%. He stat ed that there are some slight cost differences between customer classes; adding that the Waterworks Board and the EES , Inc . recommends an "across the board" adjustment for the retail customers a nd the Air Force Base with a one time "true-up" 4 .5% rate increase for outside the City bulk rat e customers. He added that future bulk rate adjustments would be the same as all other customers. He then reviewed the rate design, pointing out that currently there is a descending block rate . He expl ained that there is a monthl y customer charge for retail customers and then the block rat e goes from $3 .32 down to $1.90 for over 50,000 gallons. He stated that the bulk rate customers have a simi l ar rate structure with slightly different rates and then there is a two block-descending rate for t he Air Force Base _ He stated that at thi s time the present rate structure appears to meet current Waterworks goals regarding the promot ion of conservation or eff icient use . He stated that it is recommended to onl y adjust rates and leave the rate structure as it is, e xplaining that this would prevent customers from being impacted twice. He then stated that his f irm does recommend developing each class with a different rate schedule along with moving the outs i de City bulk rate away from the four - block descending to a two block rate structure, because this group is using most of its water in the fourth block providing a simpler rate 6 000198 CITY OF JACKSONVILLE REGULAR CI TY COUNCIL MEETING AUGUST 19 , 2004 7:00 P .M. - 7 :56 P .M. structure . He re viewed the proposed r esidential rate increases, sayin9 that current rates have been increased by the proposed t ransition p lan of 28% in 2005, 10 % in 2006 and 2007, a nd 8 % in 2008. He noted that outs ide City residential would have the same perce ntage increases. He then r eviewed the residential rate compa risons stating that the presen1: average rate is approx i mate l y $12.43 for 5 ,000 ga llons , adding that the prop osed rate would be $1 5 .91. He reviewed the var ious rates of surrounding cities, exp laining that he used the Arkansas Water Rates 2004 by Allen & Hoshall as the source . He stated the prop osed commercial rate increases are the same as residential b ut a separate c las s of service will be establ ished . He rel at ed that the proposed LRAFB and the b ul~ rates have t he same transition plan of 28 %, 1 0%, 10% and 8%, adding t h at t h e outside City bulk rate the structure change of f our block descending to the t wo bloc k. He n oted that f uture rates would depe nd on CentraL Arkansas Water wh olesale r ates including pea k i ng or other charges regarding changes in the block rate structure to a more contemporary or uniform rat e structure. He stated t h at in 2011 wo u ld be the time whe n J acksonville wou ld mostly be on Central Arkansas Wa t er with some peak u se o ff the current source of s uppl y . He related that t he reta il rates should reflect t he customer group 's usage characteristic s, which is reason for the current descending block . He added that reta i l rates should move towards a more contemporary o r con se r vation-based rate design . He concluded saying that Waterworks has prepared a compreh ensive rate study to review its current cost and to develop proposed rates for the wate r ut ility. He added that the proposed rates r eflect the findings and conc lusions of the r ate study and that Economic and Engineering Services, I nc . and the Waterworks Board recommend the adoption of the proposed r ates . In r espo n se to a question posed by Mayor Swaim , Mr. Thad Gray a n swered that the proposed loan is a low-interest soil and water loan . He thanked Mr . Koorn for the presentation, adding that 28% sounds scary b ut it equated to $4.73 for the first year followed by 2. 00 plus for the follow ing years. Alderman Stroud stated that he has recently notice in t he newspaper that other s urrounding cities have experienced heavier increases than what is being proposed . He stated that the situation is either follow the proposed course or experience bad water. He noted that the Comm ission has rese rve funds, which has already funded several projects. He expressed appreciation to the Commission for their efforts . Alderman Ray echoed those sentiments , saying that it is important to pl c.n for the future as wate r is a vital long-term necessity . Mayor Swaim ques t ioned if t h e r e is a possibility that the wells may perform l onger t han projected . Mr . Gray noted that wou ld onl y be possibl e if we e xperienced wet summers with lots of rains, adding that they are hopeful to have the we lls source unt i l 2015 . 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7 :00 P .M. -7:56 P .M. 000139 Mayor Swaim related that he wanted the public to know that it is predicated on primarily switching to Central Arkansas Water as our full source . Mr . Gray stated that the aquifers are on a descending trend, explaini ng that when they reach 30 ' above the base, water quality diminishes. Mayor Swaim suggested that the information be disseminated among civic groups prior to the City Council considering an ordinance . Mr. Gray stated that the Commission is allowing for January 1st and will be back before the City Council for an ordinance . d . 2003 Audit presented by McAllister & Associates Mr . Mac McAllister commended the various City Commissions and Boards, saying that there is a lot to be proud of in the City of Jacksonville . He then read from a prepared statement expressing his pleasure to present the 2003 Comprehensive Annual Financial Report . He noted that this marks the 7th year for t he City to publish the report . He related that 200 3 was the first year that the City had issued financial statements that are compliant with the Governmental Accounting Standards Board Statement No. 34 (GASB 34), which established new financia l reporting requ irements for state and local governments throughout the United States. He re la ted that the CAFR has been significantly revised from prior years. He identified some of the highlights of the year, pointing out that total operating for 2003 was 14.3 million compared to 14.9 million in 2002, which was a decrease of approximately 4%. He stated that this represents the third straight year that the City has experienced declining revenues . He stated that revenues from the City's share of the Pul aski County One- Cent Sales Tax were 4 .8 million and 3.1 mi llion from the City Sales Tax, adding that together these taxes constitute approximately 55% of total revenues. He stated that the total operating expenditures in 2003 were 14.8 mil lion , up 2% over 2002 . He added that the tota l fund balance of the City's operating and special r even ue funds at the end of 2003 was 12.8 million, of which approximately 1 1 million is r eserved or d esignated for contingencies, future projects or for the 2004 budget . He ~tated that the fund balance of the General Fund at Decembe r 31 , 2003 was approximately 1. 3 million, which represents approximately 37 days of current operating expenditures. He related that based on the City's 2004 budget, the net assets of the General Fund should approximate 60 days of operating expenditures . He stated that the auditors' report expresses an unqualified opinion on the basic financial statements of the City, adding that there were no re portab l e conditions on int ernal control or material instances of noncomp l iance with laws and regu lati ons relating to the audit of the financial statements . He added that there were no audit findings or questioned costs relative to Fede ral grant award programs of the City for 2003 . He noted that they have i ssued a management letter included with the annual report, reporting on current year audit findings of an immaterial nature and a couple of recommendation believed to enhance future reporting. 8 ooozoo CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7 :00 P.M . - 7 :56 P.M. He continued saying that throughout the years, the City of Jacksonville has followed a fiscally conservative philosophy of building a n d maintaining healthy reserves . He stated that this practice has allowed the City to continue providing quality services to its residents in a time when many municipalities and local agencies are being forced to cu·c back due to fiscal constraints. He stated that the City's financia.l po l icies are designated to promote sound financ ial management and ensu re that the City 's fiscal integrity remains intact. He related that this Comprehensive Annual Financial Report reflects the implementation of these financial guidelines. He stated that evidence of that fact is the City 's ability to accomplish some of the necessary future projects for the City. He noted that the City's Comprehensive Financial Repo r t has been submitted to the Government Finance Officers Association of the Unitej States and Canada for cons ideration for a seventh Certificate of achievement for Excellence in Financial Report ing . He stated that currently only seven cities in Arkansas are recipi e nt s of the award. He added that he believes Jacksonville 's 2003 CAFR meets al l of the requirements of the Certificate of Achievement program . He r e l ated that the effort put forth to produce a report in full compliance with GASB No . 34 should not go unrecognized. He offered sp ecia l recognition to the City Finance and Engineering Departments for their outstanding efforts in completing this project . He stated that this report marks a first major milestone. He related that as we look forward to the future, efforts would be directed towards updating systems and procedures in support of this new financial reporting model. He expressed his appreciation to the City Council for allowing his firm the opportunity to again serve as the City's auditors . The City Council applauded the efforts of the Finance and Engineering Departments . In response to a que stion from Alderman Fletcher, Mayo r Swaim explained that lightening had struck the 911 Center , which the City considered an emergency and moved forward with repairs as quickly as poss i ble to ensur·e the 911 operation . He stated that in that ins tance the City failed to suspend the rules for bidding of repairs, explaining that time was the dominat ing factor. Alderman Ray commended Mr. McA llister and his sta ff as well as the Cit.y staff responsible for the annual CAFR . F ina nce Director Paul Mushrush expressed his appreciation 1n t h e production of the CAFR, explaining that the 2003 report was a large transition for the F ina nce Department . He expressed his t h anks to t he Engineering Department for helping to i dent ify the infras tructure and t:o Mr . Gerald Clark the senior auditor with McAllister and Associate!:>, saying Mr. Clark has been very instrumental in helping t he Departmen t through the process. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 19, 2004 7 :00 P.M. -7 :56 P .M. ·ooo2o1 Mr. Mushrush then announced that Finance Department Account Cheryl Erkel was elected president of t he State Chapter of the Arkansas Government Finance Officers Association, which is part of the national organization that awards the Certification of Excellence in Financial Reporting. APPOINTMENT (S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:56 p .m . Respectfully, 10 ·000202 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting September 2 , 2004 7:00 P.M. 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4. A PPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . ST REET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15 . APPOINTMENTS : 16 . ANNOUNCEMENTS : ADJOURNMENT: Regular City Council Meeting August 19, 2004 Regular City Counc il Meeting August 5, 2004 ORDINANCE 1232 (#16-04) Waiving Competitive Bidding t o extend contract amount (Mayor Swaim) Request to Accept Bid: Tub Grinder (Mayor Swaim) (avail. at meeting ) ADDITION TO AGENDA: 2004 CDBG five-year Plan Appeal of Planning Commissio n decision to deny rezoning at 900 Madden Road (Mayor Swaim) (data included in packet) 000203 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7 :00 P .M. -7 :27 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonvi l le , Arkansas met in Regular Session on September 2, 2004 at the regular meeting place of the Council . Alderman Ray de l ivered the invocation and Mayor Swaim led a standing audi ence in the "Pledge of Al legiance" to the flag. ROLL CALL : Aldermen: El l iott, Smith, Lewis, Sansing , Ray, Rinker, Stroud, Twitty and Howard a nswered roll cal l . Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Fletcher was absent . Others present for t h e meeting were: City Attorney Robert Bamburg , Deputy Clerk Tawnya Jo h nson , Human Resource Director Charlie Brown, F i nance Director Paul Mushrush, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief Vanderhoof, Police Chief Baker, Planning Commission Chairman Art Brannen , CDBG Director Theresa Watson, Mrs. Edith Smith, Mrs . Lendy Lewis, Mr . Larry Smith, interested citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of August 19 , 2004 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 5 August 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA : WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT : PARKS & RECREATION : STREET DEPARTMENT : ORDINANCE 1232 (#16-04) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE , ARKANSAS, FOR THE PURPOSE OF OBTAINING ADDITIONAL AMOUNTS OF ASPHALTING AND MILLING SERV I CES FOR THE CITY OF JACKSONVILLE DURING THE REMAINING 2004 CONSTRUCTION SEASON ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES . Mayor Swaim explained that the accepted low bid for asphalt has allowed the City to add pavi ng areas and to extend the original contract . He added that City Attorney Bamburg advises that the City Council would need to adopt an ordinance to waive competitive bidding. 1 000204 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7 :00 P.M. - 7 :27 P.M . Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1232 bE~ placed on FIRST READ I NG . ROLL CALL : Alderman Elliott , Smith, Lewis, Sansing, Ray , Rinker , Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon Ci t y Attorney Bamburg read the head{ng of Ordinance 1 232 . Mayor Swaim related that the budgeted amount was $285,000.00, addi ng that the City was able to complete additional streets due to the low cost. He added that the budget price will be maintained under the new agreement. Alderman Stroud moved, se conded by Alderman Lewi s that Ordi nance 1232 be APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Stroud, Twitty, and How ard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1232 h~ placed on SECOND READING . ROLL CALL: Alderman Elliott, Smith , Lewi s , Sansing, Ray , Rinker, S t roud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o f Ordinance 1 232 . Alderman Howard moved, seconded by Al derman Sansi ng that Ordinance 1232 be placed on THIRD a nd FINAL READING . ROLL CALL : Alderman Elliott, Sm ith, Lewis, Sansing , Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1232. Alderman Lewis moved , seconded by Alderman Sansing that Ordinance 12 32 be APPROVED AND ADOPTE D. ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing, Ray, Ri nker , Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Ray that the EMERGENC Y CLAUSE be approved and adopted . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing , Ray, Rinker, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1 2 32 THIS 2 nd DAY OF SEPTEMBER 2004. SANITATION DEPARTMENT: Request to Accept Bid for Tub Gri nder Mayor Swaim noted that the current tub grinder was purchased in 1992 and that maintenance has become sufficient enough that it is increasingly difficult for the City to feasib l y maintain i ts operation. He stated that Public Works Director Jim Oakley would like to address the benefits of purchasing a demonstrator model. He added t h at the specifications were bid in a manner to allow for the purchase of a demonstrator . 2 000205 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2 , 2004 7:00 P.M . - 7 :27 P .M. Public Works Director Jim Oakley stated that purchase o f a demonstration model wou l d save the City approximate l y $85, 000 . 00, adding that the demonstrator model has a total of 240 operation hours which equals approximately six months of City service at the current operat ion practice. He noted that since Sanitat i on equipment is depreciated to fund new purchases , the savings of $85,000 .00 savings would represent two or three years of depreciat ion at $30 ,000 .00 fo r each year . He recommended this method for economic reasons, adding that the machine has been demonstrated in the Department and has performed good. He then answered that the machine would carry the same warranty as a new machine . In response to a question posed by Alderman Sansing, Director Oakley answered that the hammers in the machine are i n good s hape , adding that the bid package i ncluded a year supply of new hammers and bits . Alderman Howard moved, seconded by Alderman Lewis to accept the low bid of $277,589.28 from Verneer Midsouth with funds to be drawn from the Sanitation Depreciation Fund. MOTION CARRIED . PLANNING COMMISSION: DEVIATION ADDITION IN AGENDA: CDBG FIVE-YEAR CONTRACT PLAN Mayor Swaim asked that t h e City Council suspend the rules and place an item on the agenda regarding the CDBG five-year p l an . He stated that it is a requirement of the program to develop a five -year plan . He stated that bids were advertised and it was h oped that Jacksonvi lle could attach to Little Ro c k 's bid to have the five -year plan comple ted along with another phase that is needed. He noted that the bids came in h igher than anticipated so the proposal is to take the f ive-year plan , which is $1 0,000 .00. He stated that the amount does not require City Council approval but added that since it is not a line item in the budget they are asking for approval to complete the plan using funds that are available . Alderman Ray moved, seconded by Alderman Howard to place a contract for the five-year plan on the agenda. CDBG Director Theresa Watson related t hat request f or p roposal was sent to seven bidders, adding that only one firm responded . She s tated that the proposal received was from J-Quad & Associates in Dallas, Texas. She added that J -Quad is the firm that performed the previous five-year plan . At this time MOTION CARRIED. Alderman Smith moved , seconded by Alderman Sansing to approve the expenditure of $10,000.00 to complete the CDBG funds five-year plan under the contract with J-Quad & Associates , LLC. MOTION CARRIED. 3 0002CJ6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2 004 7 :00 P.M . - 7 :27 P .M. GENERAL : Appeal of Pl anning Commission decision to deny rezoning at 900 Madden Road Mayor Swaim noted that a letter from Clayton Engineering had been forwarded to City Counc il requesting a review of the decision by the Planning Commission to deny a rezoning a t the address of 900 Madden Road . Alderman Ray stated tha t he had reviewed the materia l includ ing the minutes of the Planning Commission meeting, adding that as a rule the City Council supports planning decisions made by the Planning Commission. He stated that he would defer to the wisdom and reasoning of the Planninq Commiss ion . Alderman Sansing stated that he understands the Plan ning Commission work.3 ve ry hard to support exis ting planning ordinances and development plans of the City, adding that input from the citizens is included in tha t deliberation. Mayor Swaim offered Mr. Mike Clayton of Clayton Engineer ing a~ opportunity to address the request. Mr. Mike Clayton stated t hat h e is the engineer representing the ow ner Mr. Brad Medloc k. He noted that Mr . Medlock cur r e n tly has four-plexes located on a portion of the property at 900 Madden Roa d . He stated that there was a lengthy discussion regarding rezoning the front 300 ' adjacent to Madden Road from R-1 to R-3. He added that the original request was to construct t hree addit ional four-plexes , which he demonstrated for the City Council on a large-scale plat of the prope rty. He noted that residents, representing mostly the area directly behind the proposed rezoning, were present at the meeting and voiced thei r objections. He reviewed the specific objections voiced by these residents as documented in the Planning Commission minutes. He stated that the developer is trying to work with the area residents and t he Planning Commission t o accomplish the deve lopment. He rel ated that at the request of t he Planning Commission , the item of business was heard aga in at the August meeting regarding a possible reconfiguration and to offer Mr . Med lock the opport unity to be present at that meeting. He r eviewed that he re turned to the Planning Commission with a revised proposal that was fe l t to mirror the wishes of some of the Planning Commission as stated at t he July meeting. He stated that a few of the Planning Commissioners were very interested in maintaining the residential integrity along Madden Road , so the request was amended to rezone the back 200 ' of the originally proposed 300 ' to R-3 allowing for two four-plex units and keep the front 100 ' as R-1 for a residential lot and single-family house . He noted that three Planning Commissioners were not present at the August meeting and it is their feeling that t hey were not fully able to have discussion for negotiat ion of the best way for the property to develcp and maintain harmony of the neighborhood. He noted t h at the developer i s willing to put in additional landscaping to create mo re of an aesthetically pleasing entrance next to the brick entrance drive. Ee stated tha t they are respectfully requesting reconsideration fo r tt.e proposal from the Planning Commission, acknowledging the difficult job of 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7 :00 P .M. -7:27 P .M . the Planning Commi ssion regarding planning decisions for t he City. He added that it is felt that the request and application is reasonable for two more units . He add ed that the developer is not a sking for any waivers or variances . He stated his thought would be to ask the Pl anning Commission to recons i der its decision, because h e does not like aski ng t he City Co uncil to ove rride the Planning Commission 's decision . In response to a re quest from Alderman Smith, Planning Commission Chairman Art Brannen addressed the City Council . He stated that several residents i n the area had opposed the proposal, adding tha t there was discussion regarding Fire Department equipment access and turna round at the end of the development. He concluded saying that he did not bel ieve the Planning Commission was in favor of displacing any more of the residential proper t y from Madden Road. In res ponse to a ques t ion posed by Alderman Sansing, City Engineer Whisker stated the re sidential lots to the west of the development are approximately 170' X 100 '. Alderman Sansing noted that the proposed lot would be much s ma ller than the average lot size of the neighborhood. Alderman Lewis stated that his concern would be the objections expressed by the neighboring residents regarding traffic . Chairman Brannen concurred that the residents did express conce r ns for increased traffic regarding area chi ldre n. In response to a comment from Alderman Twitty, Chairman Brannen stat ed the Plann ing Commission is not incl ined to have the item back before the Commission for further study . Mr. Joe Williams o f 812 Madden Road, a n area resident adjacent to the development, cited concerns for present noise coming from the existing residents of the apartment complex, adding that his vi ew from his home would be the back of an apa r tment complex . He added that he feels it wou l d be an eyes o re to the neighborhood . He then reiterated earlier mentioned concerns regarding the ability of the Fire Department to maneuver its equipment within t he development . In response to a question from Mr. Williams, Mr. Clayton answsered that the deve l opment wou l d adhere to the requi red 25 ' side yard setback o f an R-3 zoning. Mr. Williams demonstrated o n the plat the proximity of the development to his kitchen door with a 25' setback. In re sponse to a request from Alderman Lewis, Chief Vanderhoof stated that the current road to the apartme nt complex is adequate for the Fire Department equipment . He noted that the developer also installed a fire hydrant as required . He then answered that he d i d not foresee a problem with accessib i lity regarding extens i on of the apartment units. 5 <ooo2os CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 2, 2004 7 :00 P.M. -7 :27 P .M. Alderman Howard moved, seconded by Alderman Smith to support the Plannin~r Commission's decis i on to deny the request to rezone property located at: 900 Madden Road . Alderman S t roud stat ed that the development is v ery nice, adding that he was at the Planning Commission meeting and there was heavy controversy not only among the Planning Commissioners but al s o among the citizens .. He then noted that the b eginning request regarding the property at 900 Madden also had heavy controversy, which resulted in the res ignation o:: two Pl anning Commiss i oners. He stated that while he feels addi tional apartments could be used, he also fee ls that the City has a Planning Commission that is encouraged to follow t he Land Use Plan . He added tha t h e fee ls the P l anning Commission has done that, adding that he would b1:! re l uctant to return it to the Planning Commiss i on. In response to a question p osed by Alderman Tw itty, Mr . Clayton stated that a t this time there are no alternat i ve plans, adding that he does no ·t f eel tha t it would be fe asib le to build single-family housing. He stated that he and Mr . Medlock be l ieve they are complying with the Land Use Ma p i n terms of re sidentia l qua l ity. Alderman Smith not e d that in his twenty-four years on the City Coun ci l h2 does not re c all , but possibly once , an item being returned to th2 Planning Commission from the City Counc i l. He added his support of the motion to deny the request t o have t he item returned to the Planning Commission. At this time MOTION CARRIED . APPOINTMENT(S): ANNOUNCEMENT ( S) : ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:27p .m . Respectfully , 6 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting September 16, 2004 7 :00P.M. 1. OPEN I NG PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Animal Control: Police Department: Fire Department: 6 . WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT : 8. FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 15. APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT: a . b. c . Regular City Council Meeting September 2 , 2004 Regular City Council Meeting August19,2004 Regular Monthly Report/August Public Works Director Jim Oakley Regular Monthly Report/August Chief Robert Baker Regular Monthly Report/August Ch ief John Vanderhoof RESOLUTION 577 (#5-04) Authorizing sale (a portion of) real property known as the East & West Sewer Treatment Plants (Mayor Swaim ) RESOLUTION 576 (#4-04 ) Adopting the National Incident Management System (Alderman Howard and Alderman Stroud ) FINAL PLAT Clover Ridge Subdivision Tract "C " (Mayor Swaim) (plat included in packet) FINAL PLAT Dawkins Commercial Addn. (Mayor Swaim) (plat included in packet) FINAL PLAT Eastview Addition PH VI (Mayor Swaim) (plat included i n packet) Request to Accept Bid: Christmas Decorations (Mayor Swaim) ·ooo2 o9 '.000210 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16 , 2004 7 :00 P .M. - 7 :12 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 16, 2004 at the regular meeting place of the Council. Alderman Fletcher del i vered the invocation and Mayor Swaim led a standing audience i n the "Pledge of Allegi ance" to the flag . ROLL CALL : Aldermen: Elliott, Smi th, Lewis , Sansing, Ray, Rinker, Fletcher, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CAL~ declaring a quorum. PRESENT nine ( 9), ABSENT ( 1) . Alderman Stroud was absent. Others present for the meet ing were: City Attorney Robert Bamburg, Deputy Cle r k Tawnya Johnson , Human Resource Director Charlie Br own, Finance Director Paul Mushrush, City Engineer Jay Whisker, Publi c Works Director J i mmy Oakley , Pa r ks and Recreation Director George Biggs, Fire Chief Vanderhoof , Pol ice Chief Baker, Planning Commission Chairman Art Brannen, Wastewater Department Manger Thea Hughes, CDBG Director Theresa Watson, Mr s . Judy Swaim, Mrs. Lendy Lewis, Mr. Larry Dupree, Mr . Tommy Bo n d , Mr . Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim pres e nted the minutes of t he Regular City Council meeting of September 2 , 2004 for approva l and/or correction at the n ext Regularly Scheduled City Council Meeting . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved, seconded by Alderman Howard that the minutes of th•E! Regular City Council Meeting of 19 August 2004 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray t o approve the Regular Monthly Animal Control Report for August 2004 . Said repor t refle c ts : ADOPTION/FINES : $684.00 CONTRIBUTIONS : $ 20.00 TOTAL: $704.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2004 . Said report r eflects the Total Value of Reported Stolen Property $69,23 1. Total Value of Recovered Stolen Property $38,565 and Total Report Sales $482.00 . REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2004 from the Jacksonville Fire Department, wh i ch reflects a fire loss of $150,000 and a savings total of $1,678,500. ROLL CALL : Aldermen : Elliott , Smith , Fletcher, Twitty and Howard voted AYE . 1 Lewis, Sansing, MOTION CARRIED . Ray , Rink er , WATER DEPARTMENT: WASTEWATER DEPARTMENT: RESOLUTION 577 (5-04) 000211 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16 , 2004 7:00 P .M. -7:12 P.M . A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE SALE OF CERTAIN REAL PROPERTY ; AND , FOR OTHER PURPOSES. Alderman Lewis moved, seconded by Alderman Sansing to read Resolution 577 . , MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 577 . Mayor Swaim related t hat the property for sale is the old East Treatment Plant and a portion of the old West Treatment Plant area . Alderman Smith moved , seconded by Alderman Lewis to approve Resolution 577 . MOTION CARRIED. FIRE DEPARTMENT: RESOLUTION 576 (3-04) A RESOLUTION ADOPTING THE NATIONAL INCIDENT MANAGEMENT SYSTEM ESTABLISHED BY THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY FOR ALL EMERGENCY RESPONSE BY ALL DEPARTMENTS AND AGENCIES OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES . Alderman Ray moved, seconded by Alderman Sansing to read Resolution 576 . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 576. Chief Vanderhoof related that one of the findings of the Commission investigating 911 terrorist attack in New York was that each agenc i es operated under the i r own i nci dent command system, which complicated communication. He stated that FEMA tasked the Federal Homeland Security Division to develop a national incident management system to conso~idate communicat ion efforts during an emergency . He added that the system will standardize all emergency d i sasters across the Nation. He related that adoption of the Resolution will open up federal funding opportunities for grants or disaster aid mon i es from FEMA . Alderman Elliott moved , seconded by Alderman Lewis to approve Resolution 576 . MOTION CARRIED . POLICE DEPARTMENT : PARKS & RECREATION : STREET DEPARTMENT: SANITATION DEPARTMENT : PLANNING COMMISSION : a . FINAL PLAT Clover Ridge Subdivision Tract "C" Alderman Ray moved, seconded by Alderman Howard to Approve the FINAL PLAT of Clover Ridge Subdivision Tract "C" as recommended by the Planning Commission . 2 000 21.2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2004 7 :00 P .M. -7:12 P .M. Ci t y Engineer Whisker answered that a p ortion o f the property is zoned for manufactured housing , adding t h at the Wastewater Depa rtment owns T r act, "A". At this time MOTION CARRIED . b. FINAL PLAT Dawkins Commercial Addition Mayor Swa im related that the property i s l ocated at the n orthwest corner o f Marshall and Ma i n Streets. City Engineer Whiske r related that the developer has escrowed improveme nt funds wi th a cashiers check to construct the extension of Municipal and the street that leads fr om Municipal back t o Ma rshall Drive. He the~ answered that the amount of $221 ,000 .00 escrow ed is more t h an s ufficient to cover the cost of improvements. Mayor Swaim related that Mu nicipal Drive will be s traightened and carried to the end of t he development stopping s hort of the cree k. City Enginee r Whi sker r elated that the Ci t y has agreed to move the signalization i n coordi nation with those impr ovements , increasing safety i ssues regardi ng that intersect ion. Alderman Smith moved , seconded by Alderman Sansing to approve the FINAL PLAT of the Dawkins Commercial Addition . MOTION CARRIED . c . FINAL PLAT Eastvi ew Addition PH VI Mayor Swaim noted tha t the property is l ocated directly behind the Whit Dav i s Lumber Company and is pr i mari l y a dup l e x area . Alderman Elliott move d , seconded by Alderman Smith to approve the FI~L PLAT of the Eastview Addition PH VI. MOTION CARRIED . GENERAL : Request to Accept Bid for Christmas Decorations Mayor Swaim stated that the b id would be for decorations on Main Street , addi ng that efforts have been o n -going for severa l yea r s a n d t h e r e are funds avai l ab le wh ich are not General Fund mon i es. Alderman Smith moved, seconded by Alderman Howard to Accept the Low Bi d from ,Special ty , Inc. in the amount of $15 ,386 .22 as dedicated fund:::. MOTION CARRIED . APPOINTMENT (S) : ANNOUNCEMENT(S): Ma y or Swaim related that Wing Ding will begin Saturday , October 2nd , he encouraged attendance . 3 0002t3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 16, 2004 7:00 P.M. - 7 :12 P.M . ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7:12 p.m . Respect f ul l y , ~~~ ~SWAIM- 4 00021 ·i City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting October 7, 2004 7:00P.M. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Engineering Department 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12 . PARKS & REG . DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT: a. b. c. Regular City Council Meeting September 16, 2004 Regular City Council Meeting September 2, 2004 Regular Monthly Report/August Regular Monthly Report/September City Engineer Jay Whisker RESOLUTION 578 (#5-04) Expressing Support for the Trails for Life Grant Application (Mayor Swaim) ORDINANCE 1233 (17-04) 2005 Millage (Mayor Swaim) ORDINANCE 1234 (#18-04) Amending Water Rates Assessed (Mayor Swaim) DISCUSSION: Yard maintenance enforcement (Avis Twitty) NORTH PULASKI WATERWORKS Appointment to fill expired term of Vestal Johnson Public Meeting for the Long-range Transportation Plan for Central Arkansas Wednesday, October 27, 2004-11 :30 a.m . Jacksonville Community Center CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M . - 7 :57 P.M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonvi lle, Arkansas met in Regular Session on October 7 , 2004 at the regular meeting place of the Council. Alderman F l etcher de l ivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Al l egiancen to the flag . ROLL CALL : Aldermen: Elliott, Smith , Lewis , Sansing , Ray , Rinker, Fletcher, Stroud, and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Twi tty was absent. Others p r esent for the meeting were : City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson , Human Resource Director Charlie Brow n, City Engineer Jay Whisker, Public Works Director Jimmy Oakley , Parks and Rec r eation Director George Biggs, Fire Ch i ef Vanderhoof , Po lice Chief Baker, CDBG Di rector Theresa Watson, Water Department General Manager Ken Anderson , Mrs. Judy Swaim, Mrs . Lendy Lew i s, Mrs . Helen Stroud , Mr . Larry Wilson, Mr . George Gage, Mr. Larry Smith, inte rested citizens and members of the press . PRESENTATION OF MINUTES : 00021_5 Mayor Swaim presented the minutes of the Regular Ci ty Council meeting of September 16 , 2004 f or approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of 2 September 2004 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved , seconded by Alderman Lewis to approve the Regular Monthl y Report f or August 2004. Said report reflects : PERMITS/LICENSE ISSUED Buildi ng Permits Business License 24 1 2 UNSIGHTLY & UNSANITARY Grass Letters 112 29 14 0 $1 ,621 .88 Property Mowed Trash Letters Trash Remova l Cost for Decembe r INSPECTIONS PREFORMED Building Inspections HVACR Plumbing Electrical VEHICLES No ti ce of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made De molitions 1 113 89 88 52 4 1 0 0 0 000216 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7 , 2004 7:00 P .M . -7:57 P.M . REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Lewis to approve the RegulaJ~ Monthly Report for September 2004. Said report reflects: PERMITS/LICENSE ISSUED Bu ilding Permits Business License 26 16 UNSIGHTLY & UNSANITARY Grass Letters 117 14 36 0 $2,354 .50 P roperty Mowed Trash Letters Trash Removal Cost for December INSPECTIONS PREFORMED Building Inspections 94 HVACR 74 P l umbing 87 Electrical 38 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made Demo litions 3 0 3 0 0 0 City Engineer Whisker related that the Inspection Department has averaged 17 inspections daily during the month of August and 1 4.5 inspections daily for Septembe r. He related that over 1,000 grass letters have been sent thus far this year, including t h e time when the Inspection Department was down one employee during June and July. ROLL CALL : Aldermen Elliott, Smith, Fletcher, Stroud and Howard voted AYE . WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT : Lewis, Sansing, MOTION CARRIED. PARKS & RECREATION: RESOLUTION 578 (#5-04) Ray, Rinker, A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF A TRAILS FOR LIFE GRANT WITH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM ; AND, FOR OTHER PURPOSES . Alderman Fletcher mov ed , seconded by Alderman Sansing to read Resolution 578. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 578 . Alderman Stroud moved, seconded by Alderman Lewis to approve Resolution 578 . MOTION CARRIED . STREET DEPARTMENT: SANITATION DEPARTMENT : PLANNING COMMISSION : 2 GENERAL: a. ORDINANCE 1233 (#17-04) 000217 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. -7:57 P .M. AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1 ) MILL AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE , ARKANSAS; FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE , ARKANSAS ; FOR THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED ; AND, FOR OTHER PURPOSES. Alderman Stroud moved, s e conded b y Alderman Ray tha t Ordinance 1233 be p laced on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sans ing , Ray , Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . Wh ereupon Ci t y Attorney Bamburg read the h eading of Ordinance 1 233. Alde rman Smith moved , seconded b y Alderman Ray that Ordinance 1233 be APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Sm i th , Lew i s , San sing , Ray, Ri nker , Fletche r, Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Howard that Ordinan ce 1233 be placed on SECOND READING . ROLL CALL: Al derman Elliott, Smith , Lewis, Sansing , Ray , Rinker , Fl etcher , Stroud , Twitty, and Howard voted AYE . NAY ( 0} . MOTION CARRIED . Whereupo n Ci ty Attorney Bamburg read the heading of Ordi n ance 1233 . Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1233 be placed on THIRD and FINAL READING . ROLL CALL: Al d erman Elliott , Smith, Lewis , Sansing , Ray , Rinker , Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Whe reupon City Attorney Bamburg read the heading of Ordinance 1 233 . Al d erma n Sans i ng moved , seconded by Alderman Ray that Ordinance 1233 be APPROVED AND ADOPTED . ROLL CALL: Alderman El liott , Smith, Lewis , San sing , Ray , Rinker , Fletcher , Stroud , and Ho ward voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1233 THIS 7 ~ DAY OF OCTOBER 2004 . b. ORDINANCE 1234 (#18-04) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §13 .16 REGARDING WATER USER RATES ASSESSED ; CREATING JACKSONVILLE MUNICIPAL CODE §§13 .16 .011 - 13 .16 .015 ; AND , FOR OTHER PURPOSES. Alderman El liott moved , seconded by Alderman Smith that Ordinance 1234 be p l aced o n FIRST READING . ROLL CALL: Alderman Elliott, Sm i t h, Lewis, Sansing , Ray, Rinker , Fletcher , Stroud , and Ho ward voted AYE. NAY (0). MOTION CARRIED. Wh e r eupon Ci ty Attorney Bamburg read the h eading of Ordinance 1234 . 3 000218 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING ; OCTOBER 7, 2004 7 :00 P.M. -7:57 P .M. Mayor Swaim noted that General Manager Ken Anderson and two Water Commissioners are present in the audience to address questions, adding that the Ordinance is presented for acceptance on first reading with a pub l ic hearing to be held at the next regularly scheduled City Council meeting. Mr. Ken Anderson expressed his hope to see the Ordinance adopted by t he City Council so the Department can build the proposed projects over the next few years to continue to provide water to the City, noting that 2020 is the project goal. He pointed out that Jacksonville water rates were ranked 18th lowest in the State. In response to a question from Alderman Fletcher, Mr. An derson replied that the Water Commission was created in 1978, adding that t he projections by the Water Commission regarding future water needs have a lways been necessary and completed as projected. It was noted that the current project would meet water needs through the year 2020 with a population of 35, 000 including serving other water user association:3 around Jacksonville . In response to a question from Mayor Swaim, Mr . Anderson agreed that th-e proje ct does include a new future water source to replace the wells that are becoming low. He stated that the wells are expected to be unusable in the next 12 to 15 years , adding that the proposal is to switch from a ground water source to a surface water source. He rel ated that the project is a proposed shared project with other communities to build a line to Central Arkansas Water 's plant in Little Rock. In response to a question from Alderman Fletcher, Mr. Anderson related that engineers have calcu l ated the wells aqui f er levels and their depletion dates. Mayor Swaim noted that the study took into account t he aquifer fall and the present use to determine the depletion date. He then questioned the possibility of the wells regenerating over time for reuse at a later time . Mr. Anderson stated that with farmers continuing to pump water, he is not certain that would be a possibility. He added that the City uses only a small amount of the water that is pumped from the ground. It was noted that water tables are typically dropping nationwide a~d above ground water sources are being investigated. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1234 be APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing , Ray , Rinker, Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . c . DISCUSSION Yard Ma inten ance Enforcement 4 000219 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M . -7 :57 P .M . Mr. George Gage stated that he has been a resident of Jacksonville f or approximat ely 43 y ears , but h as experi enced issues with the City of Jacksonville fo r the las t 10 y ear s . He stated t hat on August 6"h he received a l etter f rom the City to mow his grass at 5 1 5 South Road, explaining that be fo r e he mowed the grass h e had Alderman How ard vi e w the property . He said the grass was not very ta ll but he d id mow t he propert y between the 6th and 13t h o f Aug u st . He then explained that aroun d the 1 s t of September the City h ad his mobile home park mowed and s ent him a bi l l for $218.00. He stated that t he City only mowed half of the park , adding that previously he had the entire Park mowed for $35.00 . He pre sent ed a le t ter to verify tha t he had the Park mowed. He t he n c ited areas in town where the grass was higher than his grass when he received the lette r from the City . He stated that h e did no t f eel that he i s be i ng treated fa i rly. He presented photographs of other areas in town regarding tall gra s s and uns i ghtly conditions . Mayor Sw aim n o te d that the City bids to have propertie s mowed . Mr. Gage s ta ted tha t his point is that he mowed the grass but the City stil l had someone come out a nd mow again. He then presented photographs of his Park with underpinning missing from one of the trai l ers , adding that he was noti fied b y t he City to c orrect the situation . He the n added that h e is aware of a mobile home park in the City t hat the Code En f orcement Officers never investigate for violations . In response to a question posed by Mayor Swaim, Mr . Ga g e refus ed to s upply t h e City with the addre ss of the Pa rk so that the Ci ty could invest i gate his claims. Mayor Swa im then expl ained that property owners who are notified regarding violations are usually generated f r om complaints . Mr . Gage conti nued t o suppl y p hotographs to the City Council of other areas in town h e viewed as areas being ignored by the City Code Enforcement Off i cers . In r esponse t o a quest ion posed by Alderma n Stroud, Mr . Gage s t ated that he is only awa re of two letters that he h as received this year for non- comp liance issues. Alderman St r oud pointed o ut that City records indicated that Mr . Gage wa s sent f our letter s . Mr. Gage stated that two letters were al l that he could recall . Alderman Stroud p ointed out that in the last two months the City has sent 229 grass le t ters and 43 properti es were mo wed , addin g that over 1000 grass letters have been sent year to date . Discussion ensued regarding t h e City mowing the property approximately two weeks fol l owing Mr . Ga ge's claim to have mowed between the 6th and the 1 3th of August. 5 000220 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETINC; OCTOBER 7 , 2004 7 :00 P.M . - 7 :57 P.M . City Engineer Whisker related that Mr. Gage called Alderman Twitty to v i ew the property, adding that he was present. He related on that occas ion he tal ked with Mr. Gage who informed him that he had not mowed the entire property because one of the l ots mows their own property and another place was not done because Mr . Gage's weed eater was broken. Mr . Gage stated that what he had told the City Engineer was tha·: some times his weed eater breaks and Code Enforcement Officer Marty Sanady threatened to have the property mowed where Mr. Gage had not cut with the weed eater. Following a comment from Alderman Smith , Mr. Gage presented a tall stalk of grass, whi ch he stated he took from in front of the Leader Newspaper property . He stated that someone from the Leader Newspaper had relatej they received a letter from the City to mow the property b ut that the property did not belong to the Leader Newspaper. He went on to say that the Leade r Newspaper had called the City several times to have the property mowed but that it has not been mowed. City Engineer Whisker stated that according to his records, the property has been mowed three times and the owner was billed each time. He noted that the property was mowed as of last weekend. He explained the time involved with mailing notification to the owner and then having the property placed on a bid list for mowing, adding that the process would have begun approximately 3 weeks before being mowed. In response to a question posed by Mayor Swaim, City Engineer Whisker rela ted that the owner of the property has been the same owner for the past 3 years . He stated that there is a new Co de Enforcement Of ficer that has been training who is now coming up to speed with some of the nuances of the areas. In response to a questi o n from Alderman Lewis regarding the photograp~s circu l ated by Mr. Gage, City Engineer Whisker related that he has becorrte aware of two p ropert i es through Mr. Gage and those have been reported to Code Enforcement rega rding debris . A d ispute ensued regarding property that Mr. Gage showed Alderman Stroud the previous year; Mr . Gage cla ime d the property was never cleaned up. Alderman Stroud disagreed, noting that not only was the property in question mowed, but also the owners removed a dilapidated house . He stated that anytime a condit i on has been reported to the Code Enforcement Department it has been handled, adding that it can ta ke as long as three weeks. He stated that the amount of time involved in the process is part of the frustration fo r adjacent property owners. He addressed Mr. Gage's statement of not being notified a second t i me by the City that the gras s needed to be mowed, saying that the City should not have to tell peop~"e when their grass n eeds to be cut. He stated t hat on first review one could feel sympath et i c toward Mr. Gage 's cause , however , after driving through all the t railer parks in that part of town there are at l east six tra ile r parks that should be condemned because of the substandard 6 0-00221 CITY OF JAC KSONVILLE REGULAR CITY COUNCIL MEETI NG OCTOBER 7 , 2004 7 :00 P .M. -7:57 P.M . housing conditions. He stated that he has alerted Code Enforcement to the substandard conditions. He noted that Mr . Gage has property of substandard conditions spread over various area s in town. Mr. Gage related a situati on in which a tra iler was condemned by the City, addi ng that it only took him four hours to fix the problem. Mayor Swaim recalled that the entire park had been considered for condemnation. Mr. Gage state d that regarding the 30-day period fo r condemnation he h ad been told by Alderman Howard that other people have been given extensions . Mayor Swaim clarified that extensions are granted by the City Co uncil not himself. Mr. Gage continued to state that he fee ls targeted by the City of Jacksonvil l e . Mayor Swaim pointed out that out of 1,000 letters sent by the Enginee ring Department, only 4 were to Mr. Gage, questioning how he could feel targeted regarding that ratio. Mr. Gage continued to complain that other propertie s are ignored while he is warned if his g rass grows higher than 8". Mayor Swaim reiterated that the Department operates mostly from complaints, asking Mr . Gage to offer the addresses of the properties that concern him . Discussion continued with Mr . Gage complaining about the p ract ice of the Code Enforcement Department, while Mayor Swaim endeavored to explain that Mr . Gage is not being singled-out and that Code Enforcement mai n ly operates from compl a ints called into City Hall. He asked Mr. Gage to understand that the City Council has passed the Ordin ance and requested its enforcement, which is what the Department is trying to do. Other issues were raised regarding surrounding properties and other properties in town, Alderman Ray explained that if there is a n area that needs attention the City would continue to contact owners out of compliance . In response to a question posed by Mayor Swaim, City Engineer Wh isker stated that Mr. Gage did mow part of the prope rty, but fee l s that i f a letter is sent the owner should realize that the Ci ty is requesting tha t the entire property be mowed. He added that on occasion lett ers have been res ent if only a partial part of the property were mowed. Mr. Gage stated that the person the City hired to mow his property also mowed 50 to 75 feet of Davidson 's property. 7 ·OOQ222 CITY OF JACKSONVILLE REGULAR CITY COUNCI L MEETING OCTOBER 7 , 2004 7:00 P .M. -7 :57 P .M. City Engineer Whisker stated that he had written Mr . Gage a letter today , wh i ch is to be mailed tomorrow . He related t h at the letter states tha1: the City will forgive the invoice for the $218 .00 , adding that i t also states t hat if he only mows part of h i s property any fut u re invoices would not be forgiven. Mayor Swaim aske d City Engineer Whisker to r etrieve the l etter and g i ve it to Mr. Gage. Alderman Fletcher rel ated that the City has made a tremendous effort to clean up the City , explaining the importance of appearances . He added that the City has an obligation to respond to complaints. Mayor Swaim read the letter from City Engineer Whiske r to Mr. Gage and presented it to Mr. Gage. He noted that the decis ion was made prior t o Mr. Gage appealing t o the City Council. Mr . Gage asked if the other property would be mowed . City Engineer Wh i sker stated that the Code Enfo rcement Department has been notified and will begin the process . Mr . Gage then complained about a large tree that fe l l on a property adjoining his park, which was not acted on by the Code Enforcement Department when they viewed his property . Mayor Swaim stated that the City Attorney advises tree s i tuations are c ivi l matte r s be t ween neighbors . Mr. Gage stated that he has a letter from the City to mow the easement o n property at 3500 West Main , which he states two engineer s and Mr . Ben Rice have determined is not h is property . He went on to say that he did not mow the prope rty as requested by the City and received a bill for $18.00, adding that he refuses to pay the bill. He stated that he has a map that is 37 years old that shows the property is not his . In response to a question from Alderman Ray, Mr. Gage expla ined t h at the property cons ists of 18' outside his fence to the street . City Engineer Whisker explained that Lakeside is an older street in Jacksonvil le, adding that the street width is 18 ' and the measurement between the fences is 50 ', which is the property right-of-way . He stated that Mr . Gage placed his fence on the actual propert y line, and Mr. Gage was asked to mow the street right-of-way as h e was also asked to do with another piece o f property . He continued that Mr. Gage mowed one, but did not mow the o ne at 3500 West Main. He stated that the p roperty was mowed by the Ci ty and Mr. Gage was billed $18 .00. Mayor Swaim noted that the Ordinance passed by the City Council stated that the rights -of -way are to be mowed by the ad jacent prope rty own e r . Mr . Gage continued t o assert that he does n ot own the property. 8 000223 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7, 2004 7:00 P.M. - 7 :57 P.M. City Enginee r Whisker stated that Mr . Gage 's property is shown by the tax parcel to be up to the roadway of Lakes ide . Alderman Lew i s reiterated that easements are the responsibility of the adj a cent propert y owner . He e x plained the use o f an eas ement, but maintained that the maintenance is the r esponsibility of t h e adjacen t owner . He noted efforts by the City to have a more aestheti c appearance t hroughout the City . Mr. Gage stated tha t he would not have bought the property if he had known that h is pro perty did not go to the s t reet . He presented a plot pl a n wh en he purchased the property that does not show the easement as a part of the property . May or Swai m explained that the tax records show that the narrow strip along s ide Mr. Gage 's fe n ce is part of the property as recorded , which is the i nformation used by the City for determina tions . Mayor Swaim stated t h at he is sorry i f Mr . Gage f eels that the City h as no t treated him f airl y, but the City Counc il has shown t h eir concern and that he is not be i ng singl ed-out . Mr. Gage asked t he Ma yor to have all the mobile h ome pa r ks i n t he City inspected for compliance . He began to c om p l ain , again , of situations in other areas of the Ci ty . Mayor Swaim sta ted that he drove t h rough the mo bile home park on Green Acres, Hamilto n, and South Road today and noted compliance issues . He added that if Mr. Ga ge wi l l provide addresses t o t he Enginee ring Departmen t it wo u ld be addressed by Code Enforcement . Mr . Gage stated t hat h e had one more item to bring before t he City Counci l, e xplaining that he had a tenant that lived on South Road who h a d an old car with a flat and no tires . He explained t hat t he car stayed there for a pproximately 3 months and then the tenant moved away. He then r e l a t ed that he rented to another t enan t and t h e car stayed there fo r ano ther 3 months. He stated that he decided to confiscate the vehicle and one week later Code Enforcement tagged the vehicle . He stat ed tha t he ta l ked wi th Code Enf orcement Officer Marty Sanady about claiming the car and trying to obtain a title . He related t h at Mr . Sanady told him tha t he would have 7 days, which was on a Monday . He related that h e managed to get a bill of sale from the owner t hat followi n g Sunday, so he moved t h e car to a nother addr ess on Hamilton . He stated that on Monday , Mr. Sanady had the car towed . He stated that t h e car was towed from a different addr ess . Mayor Swaim stated that the car could be towed as l ong as i t had been tagged , adding that Mr. Gage should have contacted Code Enf orcement to l et them know he was the new owner o f the vehic le. He re l ated that again the City has a responsibility to respond to those conditions as well as grass cutting . 9 000224 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 7 , 2004 7 :00 P.M. -7:57 P .M . Mr . Gage t h en brought up the i ssue of a letter f r om t he City regardin9 debris on his property, adding that it was not his property . He stated that h e had asked Alderman Twitty to view the property . He went on to say that the trash was not picked up because i t had a rock in t h e pile. APPOINTMENT(S): NORTH PULASKI WATERWORKS Alderman Stroud moved, seconded by Alderman Howard to approve the Re -- appointment of Mr . Vestal Johnson to the North Pulaski Waterworks . MOTION CARRIED . ANNOUNCEMENT(S): Public meeting fo r the long-range transportation Plan f or Central Arkansas Wednesday, October 27 , 2004 11:30 a.m. J acksonvi lle Community Center. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at. approximately 7:57p.m . Respectful l y , 10 ,....-..... City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting October 21, 2004 7 :00P.M. 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES : 5 . CONSENT AGENDA: Animal Control: Police Department: Fire Department: 6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REG. DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 7 :00p.m. 15. APPOINTMENTS : 16. ANNOUNCEMENT S: ADJOURNMENT: a . b. c. Regular City Council Meeting October 7, 2004 Regular City Council Meeting September 16, 2004 Regular Monthly Report/September Public Works Director Jim Oakley Regular Monthly Report/September Chief Robert Baker Regular Monthly Report/September Chief John Vanderhoof PUBLIC HEARING ORDINANCE 1234 (# 18 -04) Modifying Jacksonville Municipal Code § 13.16 water rates assessed (Mayor Swaim) PUBLIC HEARING Community Block Grant Five-Year Plan (Mayor Swaim) RESOLUTION 579 (#7 -04) Supporting the Annexation of the Base Meadows Subdivision (Mayor Swaim) Public Meeting for the Long-range T ransportation Plan for Central Arkansas Wednesday, October 27, 2004 -11:30 a.m . J acksonvill e Commun ity Center 000 22 5 000226 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21 , 2004 7:00 P.M . -7:48 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacks o nvi lle, Arkansas met i n Regular Session on October 21 , 2004 at the regular me e t ing place of the Counc i l . Alderman Fletcher delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the f lag . ROLL CALL : Aldermen: Elliot t, Smith, Lewis, Sansing, Ray, Rinker, F letcher, Twitty and Howard answered roll call . Ma yor Swaim also answered ROLL CALL declaring a quorum . PRESENT nine (9), ABSENT (1 ). Alderman Stroud was absent. Others present for the meeting were : City Attorney Robert Bamburg , Deputy Clerk Tawnya Johnson, Human Resource Directo r Charlie Brown , Finance Director Paul Mushrush , City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief John Vanderhoof, Pol i ce Ch i ef Robert Bake r , CDBG Director Theresa Watson , Water Department Super i ntendent Ken Anderson, Mrs . Edith Smith, Mr s. Lendy Lewi s , Mr . Larry Dupree , Mr . Larry Smith, interested citizens and members o f the pre s s . PRESENTATION OF MINUTES : Mayor Swaim presented the mi nutes of the regular City Council meeting of Oc tober 7 , 2004 for approval and/or correction at t he next regularl y 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 16 September 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT /ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Sansing to a pprove the Regular Monthly Animal Control Report for September 2004 . Said report reflects : ADOPTION/FINES : CONTRIBUTIONS : TOTAL : $655 .00 $ 0.00 $655 .00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ell iott moved, seconded by Alderman Sansin g t o a pprove the Regular Monthly Report for September 2004 . Said report reflects the Total Va lue o f Reported Stolen Property $111,769. Total Value of Recovered Stolen Prope rty $56,434 and Total Re port Sales $468 .00 . REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman El liott moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2004 from the J acksonville Fire Department, which reflects a fire loss of $164,900 and a savings total of $218,600. ROLL CALL : Aldermen : Elliott , Smith, Fletcher, Twitty and Howard voted AYE. 1 Lewis , Sansing , MOTION CARRIED . Ray , Rinker , onr)207 u t} . ., ( ..s' WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT : SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL : a . PUBLIC HEARING ORDINANCE 1234 (#18-04) 2 ~ READING CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P.M. - 7 :48 P.M. AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §13.16 REGARDING WATER USER RATES ASSESSED; CREATING JACKSONVILLE MUNICIPAL CODE §§13.16.011 - 13 .16.015 ; AND, FOR OTHER PURPOSES . Mayor Swaim opened the public hearing at approximately 7:02p .m. Mr . LaRoy McClure asked for clarifi cation regarding the i ncrease in water rat es . Mayor Swaim explained t h at t h e Wa t er and Was t ewater Departments are operated by independent Commissions , adding that in order to raise rates the Commissions must come before t he City Council for adoption of a rate increase ordinance . He then exp l ained the concern to provide necessary serv i ces fo r t he citizens , adding that wa t er and disposa l of wastewater are two critical issues . He related that to ensu r e a long-term water s upply a t a reasonable cost , the Water Commission has presented a plan to the City Coun cil for adoption . He stated that it is the be l ief that if a plan is not adopted now, a l ater plan, assumi ng water would be available, would be more costly and difficult to obtain. Mr . McClure questioned Mr. Anderson as to the reason his current bill h as steadi ly risen in cost. Mr. Ken Anderson responded that he would need to research t he bill 's history to properly respond , adding that water bills do increase this time of year because the summer sewer average is ending and returning to actu al usage costs. Ma yor Swaim explained that Jacksonville is one of the only cities in the State that averages wastewate r rates through the summer mont hs to provide a break regarding higher water use in the summer . He explained that 9 months out of the year the sewer is charged at actual usage and for 3 months in the summer, the customer pays an ave r age of the last nine months . He noted that at t he end of the summer, sewer rate averages end and bills do increase when those rates return to actual usage. Mr . McClure stated that he does not water his lawn , the h o u se water l i nes have been checked, and there i s no leak , adding that he does not feel his b i ll should increase t he way i t has . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETINGi OCTOBER 21 , 2004 7 :00 P .M. - 7 :48 P .M. Mayor Swaim related that the bill would have to be checked by Mr . Anderson to evaluate the water usage and c harges. Mr. Anderson offered that in Au gust the average for sewer rates ended, which would result in a higher bill. Mr. McClure re i terated t hat everyone 's bill should not i ncrease the same because not everyone uses the same amount of water. Mr. Anderson and Mayor Swaim each reiterated that it is based on each individual 's meter water usage. Mr. Anderson asked Mr . McC l ure to come to the Water Department to discuss h i s bill . Mr . McClure then questioned the incrementa l raise of 67%. Mr . Anderson explained that the current water supply is obtained from wells in Lonoke County and purchased from Centra l Arkansas Water . He stated that the wells have decreased in production and it is estimated that in 10 t o 15 years the Ci t y will have to switch to a n other wateL sou r ce. He then answered that al l of Jacksonville 's water supply would be purchased from Central Arkansas Water in Li ttle Rock. He stated that the Water Department is i n the process o f constr ucting a water line fr a n the Wi l son P lant in Little Rock . He then e xplained that the 67 % incr ease would be spread over the next four years , adding that the first year would be a 26 % incremental rate increase. Mayor Swaim exp l ained that the rate would appl y to each household 's usage, pointing out the rate schedule listed in Ordinance 1234. He reiterated that each household would only pay for their water usage. He explained that the rate scheduled is set per 1, 000 gallons . He then answe r ed that the rate increase would not apply to sewer , explaining that sewer rates are calculated separately . Mr. Anderson then answered that summer rat es would be the same as winter, which i s all based on act ual usage. Mr . Roy Wadecamper stated that he has been a resident of Jacksonvi l le since 1981 , adding that he feels an increase of 67 % is mu c h larger than the rate of in f lation . He then questioned the source of informaticn regarding the statement that Jacksonville has much l ower rates than othe:r cities in the State, adding t hat he does not agree with that statement . Mayor Swaim responded that Mr. Anderson could supply that information. He then explained that the rate increase is not an inflation rate increase , clarifying that the increase is to provide funding to establish a new water source. Mr . Wadecamper stated that he did not appreciate that the water wc:t :s coming from Lonoke County wel l s because Jacksonville i s compet i ng with the farming industry, adding t hat it d o es sound prudent t o look for 3 000229 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7 :00 P .M. -7:48 P.M. another water source. He questioned if residents are subsidizing future growth because new subdivisions have increased in Jacksonville. Mayor Swaim explained that currently the City of Jacksonvi lle purchases 3 million gallons daily from Little Rock, which began many years ago when the wells fell back . He then noted that the r eason the wells are in Lonoke County is that wells in the Jacksonville area cannot produce the same quality or amount of water. He stated that he does not view the plan as subsidizing future development but as providing a water sou rce. He explained that Cabo t is experiencing the same problem and has chosen t o build a line from Little Rock to supply their water needs . He noted t hat Jacksonville had sold water to Cabot i n the past but Cabot has decided to purchase their water directly . He related that Jackso nville is part of the system that i s trying to guarantee a water source into the futur e . He explained that area ground water is diminishing very quickl y and above ground water sources are the only way to ensure water s upplies. He noted that waiting 5 t o 1 0 years could double or t riple current cost. He stated that it is a prudent inves tment to cul tivate a new water source before rates and cons truction cost go up . Mr . Wadecamp questioned why there is a decline in the rate per 1,000 gallons as the volume increases, adding that to h is understanding it is somewhat subsidizing heavier water users . Mr . Anderson related that the rate inc rease was applied to the same rate structure as used in the past . He stated that as a large Capital Improvement project, it is not based on the type of rate you have, i t is based on getting t he project completed to get the water from Litt le Rock to Jacksonville and to bui ld the system infrastructure to handle the wa t e r supply . Mayor Swaim clarified that the cost to s e rvice each househo l d is relatively the same, large or small . He expla i ned that the declining rate has a direct relation to what the cost is to provide the service. Mr. Wadecamp related that he understood the structure of unitary cost, adding that he feels the reason the City Counci l i s considering this is because of water usage. He stated that wate r usage occurs because there i s not an incenti ve to save water , adding that if cost increased with increased water consumption it would be an incentive to conserve . He related fu tu re growth as Cabot 's r eason for j oi ning the project , adding that h e does not fee l citizens already living here should have to subsidize future growth, adding that it should be put on t he developers . Mayor Swaim noted that the 67% is an inc remental increase over four years, adding that loss of control over water is imminent for citie s wi thout proper planning. He noted that the City has gone through significant efforts to guarantee water and sewer and i t could be a situation of "pay me now or pay me later", with later being significantly more costly. 4 00"0230 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7 :00 P .M. -7:48 P .M. Alderman Lewis reiterated the significance of long -range plannin9 regarding today 's cost versus the increasing cost of waiting. Alderman Fletcher, Smith and Howard reiterated those sentiments, addinq that it is not so much a plan to subsidize future development but more of an investment in the future . It was noted the importance o f community growth regarding industry and manufacturers without facing limitations and that it the Water Commission 's task to have the foresight to plan ahead . Mr. Wadecamp agreed that if the prudent to find anot her source. in the project . present source is diminishing it would be He questioned the growth factor involved Mr. Anderson related that normal peak days, two years ago, was 8 million gallons daily, adding that the project should increase that to 12 million ga l lons by 2010. Mayor Swaim pointed out that a big factor in the cost of homeowner's fire insurance is water supply. He noted that the City of Jacksonville enjoys a low rate compared to other cities in t he State and that a new water source would provide a better and stronger water supply for the fire plugs . He noted that the last time the City went through a f i re rating it was lowered one classificatio n , po i nting out that the City of Jacksonvil l e now enjoys a class three rating . He added that very few cities have a class three and the City of Jacksonville is striving for a class two rating to benefit the citizens . He noted that a large portion of the grade is determined by not only by pressure but volume and supply that a city can provide . Chief Vanderhoof concurred. Mayor Swaim closed the public hearing at appr oximately 7 :30p.m . PUBLIC HEARING Community Development Block Grant Five-Year Plan b . Mayor Swaim opened t h e public hearing at approx imately 7:30 p .m . Community Development Director Theresa Watson shared the priority Community needs of a survey conducted over eight planning sessions, noting attendance of approximately 160 res i dents. She related that there were six categories consisting of Community Facilities, Commun i ty Service , Economic Development, Homeless Facilities, Housing, and Publ i c Improvemen t. She noted that the highest need according to the survey i s community services and economic development . She stated that the number one need under housing is emergency assistance regarding emergency repairs . She then related that under community facilities there were two, youth centers and libraries; under community services it was crirrre awareness prevention and senior services; and under public improvement sidewalks and handicap accessories as well as the rehab of old commercial and industria l bui ldings as number one priori ties . She related that those priority needs would be reflected in the five -year plan. 5 0002 3 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P .M. - 7 :48 P .M. Mayor Swaim stated that he had attended several of the meetings, adding that a survey is good tool to obtain feedback. He then expressed his disappointment that there was not more partici pation, encouraging public involvement . He noted that the sur vey is somewhat reflective of the age and gender demograph i c of the citi z ens who participated . Mayor Swaim closed the public hearing at approximately 7 :34p .m. At this time, Ordinance 1234 was placed back on the table beginning with second reading. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1234 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith , Lewis , Sansing, Ray , Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Wh ereupon City Attorney Bamburg read the heading of Ordinance 1234 . Alderman Ray moved , seconded by Alderman Howard t hat Ordinance 1234 be APPROVED on SECOND READING. ROLL CALL : Alderma n Elliott, Smith, Lewis, Sansing, Ray , Rinker , F l e tcher , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Elliot t moved , seconded by Alderman Smith to suspend the rules and place Ordinance 1 23 4 on THIRD and FINAL READING . ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing, Ray, Rinker , Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attor n e y Bamburg read the heading of Ordinance 1234 . Alderman Lew i s moved , seconded by Alderman El liott that Ordinance 1234 b e APPROVED AND ADOPTED . ROLL CALL : Alderman El l i ott, Smith, Lewis, Sansing, Ray , Rinker , Fletcher, Twitty , and How ard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1234 THIS 21st DAY OF OCTOBER 2004. c . RESOLUTION 579 (#7-04) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL PROPERTY BORDERING THE WEST BOUNDARIES OF THE CITY OF JACKSONVILLE (CO~ONLY KNOWN AS THE BASE MEADOWS SUBDIVISION) ; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Resolution is a request from the developer to annex a subdivision about to begin develop ment. Alderman Smith moved , seconded by Alderman Lewis that Resolution 579 be read . Mayor Swaim asked that the City Council consider an amendment to include the area along Hwy 107 to the west s i de as a part of the Resolution. 6 noo-232 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7 :00 P .M. - 7 :48 P.M . Alderman Smith moved, seconded by Alderman Lewis to amend Resolution 579 to include the area as described . MOTION CARRIED . Whereupon Cit~r Attorney Bamburg read the heading of Resolution 579 as amended . MOTION CARRIED . Alderman Elliott moved, seconded by Alderman Howard to approve Resolution 579 as amended. It was noted that the area for annexation is not within the AICOZ zone. At this time MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Swaim related that former Police Chief Leonarj (Red) Brickell has passed and the funeral will be tomorrow. LIBRARY Mayor Swaim reported o n the status of the temporary closing o f the Library, explaining that the water leak was not due to a hole in the roof or any fau lt of the roof structure itself. He further explained that the leak was attributed to failure of the dra in system, adding that it clogged and it backed up. He then explained that the mechanism that is designed to keep water from getting inside the building failed. He stated that there are four roofers currently working on the project. He then related t hat he has spoken with Mr. Bobby Roberts the Director of the Central Arkansas Li brary System numerous times , and Mr. Roberts assured him that he never indi cated to anyone that the Library was go i ng to close permanently . He noted that part of the water damage inside involved a small section of blown acoustic ceiling that is being tested to determine the possibility of asbestos. He related that when the roof repair is completed and the test results are back , Mr. Roberts informs him that when everything is ok then the Library will reopen. He added that Mr. Roberts is a damant that the Library is not up to the same standards as other libraries i n t h e Central Arkansas L i brary System and would like the citizens of Jacksonville , that use the Library, to step forward and help build a new Library. He stated that he feels that effort wi ll go forward in the future. He stated that the building is not falling down as the impression was given, explaining that the Library is an adequate building that was built at the same time as the Martin Street Recreation building with the same type of construction and they are both usab l e build ings. He related that Mr. Roberts feels Jacksonville has outgrown the present facility a nd t hat it does not compete wel l with the other libraries . He reiterated that the Library i s not closed permanently, and will reopen when these issues are resolved . He then noted that another point to the subject is that while the roof is only two years old, the City had al r eady signed an agreement with a contractor to address issues regarding the drain system and work was scheduled to begin on Tuesday before the heavy rains o n Monday that caused all the problems. 7 . 000233 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21, 2004 7:00 P .M. -7:4 8 P .M . He announced that there would be a public meeting for the long-range Transportation Plan for the Central Arkansas area, Wednesday, October 27 , 2004 -11 :30 a .m. at the Jacksonville Community Center . Mayor Swaim related the City's commitment to the drainage in Jacksonville, saying that between 3 and 4 million dollars has been spent since he became Mayor trying to resolve the City 's drainage problems that had worsened over the yea r s in Jacksonvil l e . He then cited proper drainage as a prime example of not doing what should have been done in the early developing years of Jacksonville , adding tha t as a result it has now cost significant amounts of money to go back and address those issues. He noted that because of the City's efforts, residents who have f l ood insurance will see a 10% decrease in their flood insurance rates . He commended the efforts of the staff and in particular, the Street Department and City Council members who approved the drainage projects they were asked to support . He stated that the City will be classified as an 8, wh i ch is the lowest classification in the State . He related that there are only four other cities to achieve that classification, adding that the City will continue to make improvements in the drainage system and work toward a classification of 7 , noting there are no other 7 's in the State. He then announced that this week the Arkansas Flood Management Association presented the City of Jacksonville with two awards, one award to City Engineer Whisker for his efforts and one to the City for managing the flood plain in our area . City Engineer Whisker extended credit to his staff and the Street Department regarding t he efforts that won the award . Mayor Swaim stated that planning and progress cost money, explaining that in January of the first year he was Mayor, there was a huge rain and many homes flooded. He noted t hat same type of rain occurred Monday and no homes were flooded, which is due to the City 's drainage efforts to move the water into the right channe l s and have it to move fast enough out of the town befo re it floods. He pointed out that area homes have not flooded because of over flowing large rivers, but has been the fact that when it rains very heavily and quickly there has not been the capacity to get it out of town. He related that the main tributaries are Bayou Meta and Ja cks Bayou in opposite directions, explaining that eventual ly those tributaries meet in Lonoke County and if there is no p la ce for the wate r to go, it starts backing up in our Community . He added that the City 's effor ts are to get the wa ter out of town as soon as possible to keep it from backing up in the Community. He noted that does not mean there will n eve r be drainage problems , adding that sometimes drains stop up, but the City i s very fortunate to have the system it has. Mayo r Swaim announced that Community Development would be hosting a Housing Fair at the Community Center, Saturday from 9 :00 a .m . to 12 :00 p .m . 8 00 -0 234 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 21 , 2004 7 :00 P.M. -7:48 P .M . ADJOURNMENT : Mayor Swaim , without objection adjourned the meeting a1: approximately 7:48 p.m. Resp e ctfu l l y , 9 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 4, 2004 7:00 P.M . 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Fire Department Animal Control Police Department: 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT: a. Regular City Council Meeting October 21 , 2004 Regular City Council Meeting October 7, 2004 Regular Monthly Report/October Chief John Vanderhoof Regular Monthly Report/October Public Works Director Jim Oakley Regular Monthly Report/October Chief Robert Baker Approval of CDBG Five-Year Consolidated Plan and 2005 Action Plan (Mayor Swaim) (included in packet) b. ORDINANCE 1235 (#18-04) Waiving Competitive Bidding to upgrade communications computers and software (Mayor Swaim) c. Request approval of Building and Contents Insurance (Mayor Swaim) (ava ilable at meeting) d . Noise Ordinance Committee Report (Mayor Swaim) 00 02 35 00.0236 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. -7:37 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of J acksonville, Arkansas met in Regular Session on November 4, 2004 at the regular meeting place of the Counci l . Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiancen to the flag . ROLL CALL : Aldermen: Elliott, Smith, Lewis, Sansing , Ray, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Alderman Fletche r, and Rinker were absent . Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker , Public Works Director Jimmy Oakley, Fire Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert Baker, CDBG Director Theresa Watson, 911 Director Brenda Skinner, Planning Commissioner Mark Stroud, Mrs. Helen Stroud , Mrs. Lendy Lewis, Mr. Larry Dupree , Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting o f October 21 , 2004 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 Stroud that the minutes of thE! Regular City Council Meeting of 7 October 2004 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ell i ott moved, seconded by Alderman Howard to approve the Regu l ar Monthly Report for October 2004 . Said report reflects: PERMITS/LICENSE ISSUED Building Permi ts Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 15 11 37 20 36 Trash Removal 4 Cost for December $1,628 .62 INSPECTIONS PREFORMED Building Inspections 69 HVACR 83 Plumbing 83 Electrical 43 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Structural Repairs Made Demolitions 16 0 0 0 0 ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. 1 WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT : PARKS & RECREATION : STREET DEPARTMENT : SANITATION DEPARTMENT : PLANNING COMMISSION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P .M. -7:37 P .M. GENERAL: a. Action Plan Approval of CDBG Five-Year Consolidated Plan and 2005 Mayor Swaim noted that the public heari ng was held at the previous City Council meeting of October 21 , 2004 . Alderman Ray moved , seconded by Alderman Lewis to approve the CDBG Five- Year Consolidated Plan and the 2005 Strategic Action Plan . Alderman Stroud commended Director Watson for her comprehensive report, questioning if the terms "affordable" and "adequate" housing could be considered synonymou s. Di r ector Watson responded that they are . Alderman Stroud expressed t hat one of his major disappointments, during his tenure, is that more adequate housing has not been provided for lower income residents . He noted concerns for several trailer parks and houses in the S u nnyside Add i t ion that he feels should be co n demned regarding living conditions . He added that he felt the standard for adequate housing should be raised. Director Watson offered that rental p roperty needs to have codes regarding inspection , e xplaining that in Little Rock rental property is inspected every three years to make sure it meets minimum code standards and is given a determinable amount of time to correct any deficiencies to avoid condemn ation . In response to a question posed by Al derman Stroud, Director Watson stated that efforts could begin by making the laws governing rental property stricter, noting that 60 to 65 % of Sunnyside is renta l property . She stated that landlords are eligible for the dollar-for -dollar match in the ADFA program, b u t added that there has been a l ack of interest from local landlords. She then explained that there are funds available for homeowners who live in the home and a forgivable loan program available for rental p r operty , which is a dollar-for -dollar match . She noted that there is a healthy resource of funds. In response to a quest ion posed by Alderma n Lewis , Di rector Watson stated that many of the homes receive different additional repairs over time , addi ng that for the most part upkeep i s maintained by the residents . She explained that monitoring repairs is conducted on an annual basis and resident s are notified of deficiencies regarding comp liance of contract. 2 000238 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7 :00 P.M. - 7 :37 P.M . Mayor Swaim noted that prior t o Alderman Stroud 's tenure there had been con siderable rental rehab , including three low renta l apartments as well as a significant number of houses i n the Sunnyside Addition. He added that it became a situation where local landlords were not interested in paying t he matching funds required to o btain the grant . He stated that i t i s a good program , if local landl ords are willing to participate and maintain required records for the r ental prope rty . Alderman Stroud related efforts by himself and Alderman Lewis to establish a CDC ; a dding that i t is a complex problem involving both renta l and ownership property that has fallen into a deteriorated condition . He noted the enormity of the situation regarding solutions , and added that if there were greater community involvement, inroads would widen. He expressed conce rn for the current rate of r epairs, suggesting that he would be wi lling to go to Washington to ask for grant funds . Mayor Swa i m n oted that in cities with success ful large -scale rehabilitation projects there are a l most a lway s private monies by investors wi lling to gamb l e on the pro ject 's success . He stated that it is difficul t to find pri vate citizens will i ng to invest in these types of projects. Alderman Stroud raised issues regarding a TIF, explaining that when the value of the property increases, taxes are used to repay the cost of rehabilitation . He asked that the City Council contemplat e a TIF for t he Sunnyside Addition. Mayor Swaim stated that he is n ot totally con vi n ced that a T I F is the solution for the Sunnyside Addition, bu t added that he i s willing to con sider it as an option . In response to a question posed by Alderman Howard, Director Wats o n related that the houses in Sunnyside have little t o no insul at i on unleE:s there has been rehabilitation work completed to correct that . Mayor Swaim noted a winterization program is availabl e for applicants and that the information to a pply is available in the CDBG office . At this time , MOTION CARRIED . b . ORDINANCE 1235 (#18-04) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING UPGRADED COMMUNICATIONS COMPUTERS AND SOFTWARE FOR THE 911 COMMUNICATIONS CENTER ; DECLARING AN EMERGENC Y; AND , FOR OTHER PURPOSES. Alderman El liott moved, seconded by Alderman Smith that Ordinance placed on FIRST READING . ROLL CALL: Alderman Elliott , Smith, Sansing , Ray, Stroud, Tw i tty , and Howard voted AYE. NAY (0). CARRIED. Whereupon City Atto r ney Bamburg read Ordinance 12 35. 3 1235 be Lewi s , MOTION 000239 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4 , 2004 7:00 P.M. -7:37 P .M. Alderman Lewi s moved, seconded by Alderman Stroud that Ordinance 1235 be APPROVED on FIRST READING. ROLL CALL: Alderman Elli ott , Smith, Lewis, Sansing, Ray, Stroud, Tw itty, and Howard vote d AYE. NAY (0). MOTION CARRIED. Alderman Smi th moved, seconded by Alderman Sans ing to suspend the rules and place Ordinance 1235 on SECOND READING . ROLL CALL: Alderman El l i ott , Smi th , Lewis, Sansi ng , Ray , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg r ead the heading of Ordinance 1235 . Alde rma n S t r oud moved, seconded by Alderman Lewis to f urther s uspend the rules and place Ordinance 1235 on THIRD and FINAL READING . ROLL CALL: Alderman E ll iott , Smith , Lew is , Sansing , Ray , St r oud , Twit ty, and Howard vo ted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1235 . Alderman Stroud moved, se conded by Alderman Sansing tha t Ordinance 1235 be APPROVED AND ADOPTED . ROLL CALL : Alderman E l liott , Smi th , Lewis, S a ns ing, Ray , Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Lewis tha t t h e EMERGE NCY CLAUSE be attached to Or d inance 1 235 . ROLL CALL : Alderma n El liott , Sm i th , Lewis , Sansing, Ray, Stroud, Twitt y , and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1235 THIS 4 th DAY OF NOVEMBER 2004 . c. Request to approve Building and Contents Insurance Mayor Swaim noted that t he low bid wa s rece ived from the present carrier and i s a pproxi matel y $7 ,000.00 l ess than the previous year . Alderman Stroud moved , seconded by Alderman Lewis to approve the low bid of $42 ,443 .00 s ubmitted by Federal Insurance Company (Chubb) with funds to be drawn from budgeted funds . MOTION CARRIED . d. Noise Ordinance Committee Report Alderman Smith serving as Chairman of the sub-committee reported that following several Comm i ttee mee tings ; efforts are be ing focused on establishing a quiet zone at the Loop Road r ail r oad cross ing . He explained the function of a q uiet z one and noted that the Loop Road c ro ssing is the only crossing in the City of Jacksonvi lle to qualify under c urren t guidelines . He noted tha t part of the criteri a woul d be for the City Council to adopt an ordinanc e by December 1 8 th and comm i t to establishing con crete barriers approx imately 60' on either side of the c ros sing to physically prevent a car from being able to cross when t he arms are lower ed. He noted that a draft ordinance wil l be submitted to the Committee at their next scheduled meeting in November, fo l lowe d by submittal to the Ci t y Council at the ir first meeting in De cember . 4 0002~0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4 , 2004 7:00 P.M. -7:37 P.M . Mayor Swaim noted that it would be prudent to adopt the ordinance even though there is not a complete clarification on the costs. He stated that the concrete barrier may turn out to be the least expense dependin~r on requirements from the railroad regarding the cross arms.. He noted that after adopting a ordinance the City of Arkadelphia dropped the project because of mounting expense . In response to clarification regarding the expense range, Police Chief Baker stated that the minimum cost is $10,000.00 and could go as h igh as $400 ,000.00, which does not include the annual fee for maintenance. Mayor Swaim noted that the application process is very complex requirin9 enormous amounts o f documenta t ion. In response to a question posed by Alderman Stroud, Alderman Sm ith stated that the Comrni ttee has voted to focus efforts on t he Ordinance to establish a quiet zone because of the deadline, before returning t o noise ordinance considerations regarding c i tizenry complaints. Police Chief Baker noted that from March thru September of 2004, the Police Department received 18 ,731 calls for service. He noted that o:: tho s e calls 474 , were in relation to noise disturbanc es. He related tha t the normal procedure in responding to a no i se disturbance is to warn the persons of the complaint, thus offering them an opportuni ty to quiet . themselves. He added that if the Poli ce Department has to return a third time, a citation is issued. He noted that most citizens are compliant t o the warning. He stated that there are two standards to follow in noise complaints , one involves the use of a decibel reader regarding 70 decibels at 20 feet. He stated that if a decibel reader registers a v i o l ation , the J u dge can use that reading in f urtherance of the complain·t in o r der to veri f y a plea of guilty. He related that the other method i.s subjective, which is where the problem lies and may need to be addressed by a policy change. He stated that the primary complaint is l oud music in passing vehicles, barking dogs, and l oud voices. He stated t h at eve:~ with the subjective issues, if the noise is located, a warning is issued . He detailed the difficulty in obtaining a decibel reading from a moving veh icl e, addi ng that these will be issues for further address in the Committee meetings . Alderman Smith noted that some cities do not use a decibel reading for noise regulations , adding that the Municipal Judge requires a measurement for conviction. ANNOUNCEMENT(S): Mayor Swaim announced that City Hall will be closed November 11th 2004 for Veteran 's Day . Ester Nixon Library Update Mayor Swaim related that roofers approximately two weeks, noting completed. have been working on the project for that the asbestos removal has been 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4 , 2004 7 :00 P .M. -7:37 P.M. Public Works Director J i m Oakley responded that seven storm d r ains have been replaced, adding that the plumbing between the ceiling and the roof will be repaired tomorrow . He noted that regarding weather projections, he believes repairs to the ceiling should move forward . Mayor Swaim stated that he has asked volunteers to serve on a committee to consider constru ction of a new l ibrary . He added that he has received some commitments for sizable donations , pointing out that if the option moves forward , t h e City Council and general public would have to vote on some type of funding mechanism. He stated that following the reope n ing of the Library, if there is a desire to move forward wi th a new library the public needs to become involved and help raise funds . In response to a question from Alderman Smith, Mayor Swaim agreed that the original roofin g contractor had gone out of business. He then re l ated that the City was able to contact the manufacturer of the flat roof system and locate another roofing company that uses the same product to perform the requi red repair work. He noted that the system has a 10- year warranty , but acknowledged the d i fficulty, in some cases , to repair a flat roof. Al derman Smith stated that he agrees with Mayor Swaim regardi n g the public 's need to become involved in issues of community concern. Mayor Swaim encouraged the p u blic to review and participat e in options for the construction of a new library . He re l ated his conversations with Dr . Roberts of the Arkansas Library System regarding efforts to have the Library reopen as quickly as possible. Flood Control Management Discussion ensued regarding the flood plain management award received by the City and Mayor Swaim noted that during the heavy rains some cities had flooded homes and buildings. He pointed out that because of ongoing management efforts, Jacksonville was fortunate not to have experienced any f l oodi ng of homes. Alderman Smith complimented the Street Department for responding to down tree limbs in the West Main area fol l owing the recent storm. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7 :37 p .m. Respectfully, 4W, ... ~~·.)~ MAYOR TOMMY S ll 6 ,;-I • .. ·oo·nf"' A/""\ J~· .. :,... City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 18, 2004 7:00 P.M . 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Fire Department Animal Control Police Department 6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT : 13. PLANNING COMMISSION : 14 . GENERAL: 15. APPOINTMENTS: 16 . ANNOUNCEMENTS : ADJOURNMENT: a. b. Regular City Council Meeting November 4, 2004 Regular City Council Meeting October 21, 2004 Regular Monthly Report/October Chief John Vanderhoof Regular Monthly Report/October Public Wo rks Director Jim Oakley Regular Monthly Report/October Chief Robert Baker Request to Accept Bid: Reconstruction of South Road (available at meeting) (Mayor Swaim) Request to Accept Bids: Memorial Fountain (Mayor Swaim) Presentation of draft budget for 2005 (available at meeting) (Mayor Swaim) CENTRAL ARKANSAS LIBRARY BOARD Appointment f Mark Wilson for a term to expire 12/31/07 000213 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 18 , 2004 7 :00 P .M. - 7 :29 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 November 18, 2004 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL : Aldermen: Elliott, Smith, Lewis , Sansing , Rinker, Fletcher , Stroud, Twi tty and How ard answered rol l call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Ray was absent . Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Finance Director Paul Mushrush , Finance Manager Cheryl Erkel, City Engi neer Jay Whisker, Public Works Directo r Jimmy Oakley, Parks and Recreation Director George Biggs, Fire Chief John Vanderhoof, Police Captain J . J. Martin, Mrs. Judy Swaim, Mrs . Lendy Lew is , Mr. Larry Dupree, Mr. Larry Smith , Mr . David McClanahan interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swa im presented the minutes of the regular City Council meeting of November 4, 2004 for approval and/or co rrection at the next regularly scheduled City Council meeting. AP PROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved , seconded by Alderma n Howard that the minutes of the Regular City Council Meeting of 21 October 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott mo ved , seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for October 2004. Said repo rt re f lects : ADOPTION/FINES : $571 .50 CONTRIBUTIONS: $ 20 .00 TOTAL: $591.50 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regula r Monthly Report for October 2004 . Said report reflects the Total Value of Reported Stolen Property $82 ,83 3 . Tota l Value of Recovered Stolen Property $19,414 and Total Report Sales $416 .00 . REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman El l iott moved, seconded by Al derman Smith to approve the Regu l ar Monthl y Report for October 2004 from the Jack sonville Fire Department , which reflects a fire loss of $355,900 and a savings total of $771,400 . In response to a question posed by Alderman Sansing , Public Works Director Jim Oakley expl ained that the Animal Shelter was broken into and log sheets and receipt books were stolen . 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2004 7:00 P .M. - 7 :37 P .M. Police Captain J . J. Martin then addressed a question from Alderman Lewis, stating that he feels most likely curfew violations have risen because of the continued warm weather . Mayor Swa i m not ed that the suspect in the case of the Animal Shelter break- in is be l ieved to be someone who had a dog picked up by the Shelter and the person was trying to f i nd out who had adopted the dog . ROLL CALL: Aldermen: Elli ott, Smith , Lewis, Sansing, Rinker, Fletcher , Stroud, Twitty and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT : PARKS & RECREATION: STREET DEPARTMENT: Request to Accept Bid for the Reconstruction of South Road Mayor Swaim noted this bid is for the secti on of South Road that had been annexed into the Ci t y but was not up to Ci ty standards. He re l ate::l. previous efforts by the City to correct s i tuations involving a l arge crown in the r oad as well as the close proximity of trees to the street . He explained tha t s i nce that time the trees have been removed and the City has developed a plan to bring the street up to City standards . He noted that funds have been set as i de to rehab this section of South Road. In response to a question posed by Alderman Stroud, City Engineer Whisker related that the rehab wou l d be from Oak Street to Mi litary Roa::l. including sidewalk , curb , and gutter . Alderman Elliott moved, seconded by Alderman Smith to approve the low bid from JCI Inc . in the amount of $417,184.00 with funds to be drawn fro:m set aside funds in the Street Department budget . MOTION CARRIED. Mayor Swaim noted that t h e low bid is u nder the budgeted amount by appr ox i mately $75,000.00 . SANITATION DEPARTMENT : PLANNING COMMISSION : GENERAL: a. Request to Accept Bids for the Memorial Fountain Mayor Swaim noted that planning began many years ago, adding that he has been asked to clarify the funding mechanism. He explained that funds were appropriated and approved in the budget process of 2001 through 2004 to fund construction of the Fountain and Pavilion. He stated that the City Council is being asked to approve the expenditure of those appropriated funds and the expenditure of cash donations regarding the project . He r elated that $37 ,475 .00 has been donated to the project anj 2 Oo n2!!~ , ........ .., l v CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2004 7:00 P.M. - 7 :37 P.M. that Arkansas Precast has donated an additional $4 7 , 000.00 , totaling $77 ,475 .00. He sta ted that cash donated is spec i fical ly for thi s project and cannot be expen ded otherwise . He added that the precast was donated in honor of Mr . Tom Cory , the founder of Arkansas Precast . He noted that the Company is v ery prosperous and has contracts nationwide, adding that Arka n sas Precast was chosen to p our the Oklahoma capita l dome, part of Razorback Stadium and the precast in the Clinton L ibrary. He stated that Mr. Cory was a very c i vic minded resident and was the organizer that start ed the Jacksonville Commerce Corporation , a non-profit organization dedicated to promoting industria l development in J acksonville. He stated that Mr . Cory he lped raise thousands of dol lars in donations through that organi zation, exp l aining that t he business membership fee is $2 ,000 .00 fo llow ed by an annual fee . He s t at ed that the funds collected are used when the City i s not able to expend funds from t h e General Fund regarding recru i ting efforts. He then noted that Mr. Cory served as president of the organization from concept i o n un til his d eath , adding that the fountain wou l d be n amed the Tom Cory Memorial Fountain in his honor. He p re sented an architectural conception of t he fountain for vi ewing, saying that i t is another s te p t owa rds redevelopment of t h e downtown area. Alderman Elliott moved, seconded by Alderman Smith to approve the concrete and site work bid submitted by Lyle 's Construction in the amount of $66,322.00, the electrical and lighting bid submitted by Conrade Electric in the amount of $34,800 .00, the pump vault & controls bid submitted by Instrument and Supply Company in the amount of $68,845.00 and the waterproofing bid submitted by Western Water Proofing Company in the amount of $8,300.00 . MOTION CARRIED. b. Presentation of the Draft Budget for 2005 Mayor Swaim referred to the submi ss i on of the prel iminary draft o f the 2005 budget , asking that the City Council take the draft for review . He explained that the i ncome and expenditure lack $649 ,000 .00 in balancing . He then explain ed that part of the di f ference is assuming that the City pay 100% of the rate increase r e garding health insurance, adding that hea lth insurance increased by $130 ,000 .00 this year. He related that the City paid in $978 ,0 00.00 in premiums and the insurance compan y paid out 1 .27 million in cost. He noted that the rates are not raised unless the Ci t y goes o ve r o p erating cost . He then related a n additiona l $112,000 .00 d ifference attributed to changes mandated in Amendment 1 passed two years ago . He explained the Amendment changed the court system from Municipal Court to District Court which regulated the Judge 's retirement into the APP ERS retirement fund instead of t he old retirement fund which the City is responsible for making up the difference . Finance Director Pa u l Mushrush related that the le gislation has created the District Judge 's retirement system, which incorporates the District Judge and the Di strict Court Clerks into a sing l e retirement system. He s t ated that the City was informed that i t had a $520,919.92 unfunded actuarial liabilit y. He added t ha t the problem is two -fold , explaining that in the past t he City has not had to make a retirement contribu t ion 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 18 , 2 004 7 :00 P .M. - 7 :37 P .M. but now the contribution will be at the rate of 17.5%. He stated i::1 addition, there is a 5 % contribut i on for the Judge 's retirement for a total contribution of 22 .5% annual l y. Mayor Swaim noted that the terminology "District Judge" applies to the entire system, not just t h e Jacksonville District Judge. He added that the ent i re system is under the same rules, but the numbers presen ted pertain to our specific District Judge. Mr. Mushrush stated that the unfunded actuarial liability is mandatory, adding that while the sum is large there are some assets reserved for that purpose that have never been used. He noted that the fu n ds that come t h rough the Courts for this purpose falls far short, adding that basically the unf unded portion is going to be approximatel y $350,000.00. He explained that under actuarial rules the City has 30 years to pay the unfunded portion , which constitutes approximately $30 ,000.00 annually. He related that the interest over that period of time is $493 ,918.00, so he has requested that Mayor Swaim allow a short te r m, 3 or 4 yea.r:- funding, to avoid high interest. He noted the that Act 125 2 provides $8,830.00 toward the J udge/Municipal Court Clerk retirement , adding that his calculations indi cat e the Judge's required contribution from the City this year to be $12,200.00. He noted in the long run, that costs can only go up, saying that it would be prudent to save on the interest now . In response to a question posed by Alderman Fletcher, Mayor Swaim expla ined that when the legislation passed the law, the Supreme Court was charged with establishing the rul es. He added tha t all cities with Municipal Judges are facing the same non-negotiable decis ions . Mayor Swaim then noted t hat the amount inc ludes a n ew pumper true:< appropriated at $225, 000. 00 . He rel ated that the City auditor has requested that the City i ncrease the fund ba l ance, explaining that the budget refl ec ts $1 00, 000 .00 in the Contingency Fund. He related tha t: insurance costs rose $50 .00 per month for a fami l y policy. He then asked t h a t the City Council to review t he budget. He stated that he and Mr . Mushrush would fine-tune the projected income, pointing out that if the Clinton Library is succe ssful there should be a large increase in the January sales tax . APPOINTMENT(S): CENTRAL ARKANSAS LIBRARY BOARD Alderman Howard moved , seconded by Alderman Stroud to approve thE:! appointment of Mark Wilson to the Centr al Ark ansas Library Board for a term to expire 12/31/07 . MOTION CARRIED. LITTER Alderman Stroud noted t hat Jacksonville has an opportunity to join the Arkansas Beautiful Commission, adding that he feels Jacksonville should t a ke adva n tage of the opportunity . He explained that the progran consists o f citizens c hosen to be trained through the State . He related the n eed to educate the public regarding the program . 4 000247 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 18, 2004 7:00 P .M. - 7 :37 P .M. Mayor Swaim noted that Jacksonville is already a member of the Arkansas Beautiful Commission and because of that membership; Jacksonv i lle now has the opportunity at a limited cost to become a member of the Keep America Beautiful Campaign. He related that Public Works Director Jim Oakley is the acting representative for Jacksonvi l l e on the Arkansas Beautiful Commissio n, expl aining that the County has paid the up-front fees and is offering Jackson ville the opportunity to joi n at a reduced cost . He stated t h at the program p l aces the projects in the Community 's purview , adding that h e fee l s it is a good pro j ect . He stated representatives on the Campaign offered to come to Jacksonville and meet with the various civic groups to encourage involvement and volunt eerism regarding the projects . Alderman Fletcher moved to place consideration of joining the Keep America Beautiful Campaign on the agenda . After further discussion , it was the consensus of the City Council to include the item of expenditure in the 2005 Budget. Alderman Fletcher withdrew his motion . ANNOUNCEMENT ( S) : ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at approximately 7 :29p .m . Respectfully, 5 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting December 2, 2004 7:00P.M. 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: 6 . WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REG. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT: a. Regular City Council Meeting November 18 , 2004 Regular City Council Meeting November 4, 2004 Request to Accept Bid: Sycamore Drainage Ditch (Mayor Swaim) RESOLUTION 577 (#5-04) As Amended Authoriz ing the Mayor and City Clerk to execute the sale of certain property. (Mayor Swaim) b. ORDINANCE 1236 (#20-04) Authorizing establishment of a quiet zone under Federal regulations for the Railroad Administration (Aldermen Smith, Howard and Fletcher) City Hall will host Christmas Open House Friday, December 1 th from 12:00 p.m . to 3 :00p.m . 000249 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7 :00 P .M. - 7 :19 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the Ci ty of Jacksonville , Arkansas met in Regular Session on December 2, 2004 at the regu lar meeting place of the Council . Human Resource Director Charl i e Brown delivered the invocation and Vice Mayor Howard led a standing audience in the "Pledge of Allegiancen to the flag . ROLL CALL : Aldermen : Smith, Sansing , Ray , Rinker, Fletc h er , Stroud, and Twi tty answered r oll call . Vice Mayor Howard also answered ROLL CAL L declaring a quorum. PRESENT seven (7), ABSEN T (3). Mayor Swaim was attending a Na tional League of Cities meeting along with Aldermen Elliott, and Lewis. Others present for the meeting were : City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson , Human Resource Director Charlie Brown, Finance Director Paul Mushrush , City Engineer Jay Whisker , Pub lic Works Director Jim Oakley , Fire Chief John Vanderhoof , Police Chief Robert Baker , CDBG Director Theresa Watson , Chamber of Commerce Director Bonita Rownd , Mrs. Edith Smith, Mr . Larry Dupree, Mr . Larry Sm i th , int erested citizeps and members of the p r ess . PRESENTATION OF MINUTES : Vice Mayor Howard presented the minutes of the regular City Council meeting of Nove mber 18 , 2004 for app r oval and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 4 November 2004 be APPROVED . MOTION CARRIED. CONSENT AGENDA : WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT : PARKS & RECREATION: STREET DEPARTMENT : Request to Accept Bid for Sycamore/Thompson Drainage Ditch City Engineer Whisker explained the difference in bids, pointing out that the low bidder is confident that he can perform the contract for the bid amount. He then noted that the low bidder is the same company that constructed the sidewalk on Madden Road . Alderman Stroud moved , seconded by Alderman Sansing to approve the low bid from Ci nergi in the amount of $38,000 .00 with funds to be drawn from the Capital Drainage Fund. MOTION CARRIED . SANITATION DEPARTMENT: PLANNING COMMISSION : 1 .0002J0 GENERAL : a . RESOLUT I ON 577 (#5-04) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING~ DECEMBER 2 , 2004 7:00 P.M . - 7 :19 P .M. A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CI TY OE' JACKSONVILLE , ARKANSAS , TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE SALE: OF CERTAIN REAL PROPE RTY; AND , FOR OTHER PURPOSES. City Attorney Bamburg exp l ained that a Reso l ution of the same n umb er: passed in September , re commendi ng the sa l e o f propert y by the Sewer Commission and Wastewater Department contained errors i n the l egal descr i ption. He stated that the current Resolut ion off e r s a corrected legal descri ption as an amended resolution. Alderman Smith moved, seconded by Alderman Sansing to read Resolution 577 . MOTION CARRIED . Whe r eupon City Attorn ey Bamburg read the h eading of Resolution 577 . Alderman Fletcher moved , seconded by Alderma n Ray to approve Resolution 577 (#5-04) in its en t irety. MOTION CARRIED . b . ORDINANCE 1236 (#20-0 4 ) AN ORDINANCE ESTABLISHING FOR THE CITY OF JACKSONVILLE , ARKANSAS A NEi~ QUIET ZONE AS REQUIRED BY FEDERAL REGULATIONS FOR THE FEDERAL RAILROru> ADMINISTRATION; AND, FOR OTHER PURPOSES . Vice Mayo r Howard noted that t h e Ordinance would establish quiet zones at Loop Road and Graham Road. He then recognized Committee Chairman, Al derman Sm ith to addre ss the item . Alderman Smi th stated t hat Trickey Lane , Graham Road and Loop Road we re the t h ree ma j or railroad crossings that were origina lly examined for risk assessment regarding the establishment of quiet zones . He explained that the Committee p la ced emphasis on the es tablishmen t of quiet zones as thE= f i rs t priority r egarding an impending deadline of Decembe r 18 , 2004 . HE~ noted that o ther considerations for boom boxes , and barking dogs wou ld resume in January. He s t ated that following the deadline; t h e City would b e given two years to comply with the Federal r egulat ions . He no ted t hat Federal funds are not available for the project and that t he total cost would be t h e responsib ility of the City. He explained that improvements would inc l u de a 1 0" concrete barrier down the dividing line of the road on e ither side of the crossing for approximate l y 6 0', prohibiting the abi l ity o f a ca r to cross when the arms a re lowered. He added that there is aLso required signage. He related that City Engineer Whis k e r discove red that the 60 ' concrete barrier would present a prob lem regarding t h e Trickey Lane crossing. He rel ated that all areas were included to prevent the perception of a n area being d iscr i minated. He then explained that the r equired 60 ' barrier wou ld obstruct traf f ic flo\v onto Ga rvi n Street. He re lated that according to the City Engineer , the Street would have to become a one-way str eet and for t hat r eason has not been included in Ordinance 12 36 . He s t a ted that costs are presumed t o be approxima tel y $2 0, 000 .00 . He explained t hat the City of Arkadelphia abandoned their efforts to establish a quiet zone when costs continued to 2 -000251 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M. - 7 :19 P .M. mount . He stated that the majo rity of expense would be f or improvements to the Loop Road crossing, explaining that Graham Road would not require barri ers, only signage . He recommended that the City Council pass the ordinance, adding that if costs escalate b eyond pro jections, the City could decide to d i scont i nue the project . Vice Mayor Howard noted that any project expenditure would have to be approved by the City Council . Ci ty Engineer Wh i sker stated that the street in question is Garvin Road that leads to Anna Lane . He stat ed that the concrete barrier wo uld block vehi cles from mak i ng a left -hand turn from Garvin onto Redmond Road, a llow ing onl y a right -hand turn to enter Garv i n Street . In response to a question posed by Alderman Stroud , Clty Engineer Whisker noted that the othe r outlet is l ocated into Dupree Park , which is more of a Park entrance than a street . He noted that the Park road is constructed of asphalt millings used from previous milling projects; noting that the area is typical ly used for overflow parking for the Park . In respons e to a question from Alderman Fletcher, City Engineer Whisker stated that relocation of the intersection would require rights -of-way purchase, adding that he has not researched that option . In response to a quest i on posed by Alderman Rinker, City Engineer Whisker stated that Garvin Street has three houses and Anna Lane has six to eight houses with five vacant lots. Alde r man Rinker the n rel ated that she has witnessed cars passing through the lowered arms of the crossing, adding that if feasible, she would like to see the Tri ckey crossing be included. Alderman Fletcher asked that the Trickey crossing be included because of the deadline and rights-of-way purchase be evaluated following the ordinance passage. Alderman Sansing advocated the inclusion of Trickey Lane as an equitable standard for all parts of the City , adding that without a major effort to include Trickey he does not feel he can support Ordinance 1236. Alderman Fletcher pointed out that as a member of the Comm i t t ee he was adamant that Trickey be inc l uded, but fee l s that circumstances outside the City's control should not punish other areas that could benefit. He stated that there is no i ntention to discriminate one area fro m another , adding that there has been a whole-hearted effort to include all areas. Alderman Smith moved , seconded by Alderman Ray that Ordinance 12 36 be placed on FIRST READING. ROLL CALL : Alderman Smith, Sansing, Ray, Rinker, Fletcher , Stroud , and Twitty voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 123 6. 3 -- 000252 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M . -7:19 P.M . Vice Mayor Howard offered audience response. Mr. George Reed stated that he has lived at the corne r of Stamps and Mab l e Street, i n the Trickey Lane area , for approximately 15 years . He related that he has witnessed several vehicle accidents i n the area that have not happen on Loop Road or elsewhere. He related that Garvin Stree1: is only one sma l l street compared to the four streets that were affected when the overpass was constructed . He stated that he makes thai: compa ris on because he feels the Trickey Lane area is not beinq consi d ered . He added that the concrete barrier must be a new regulation because he has seen crossings with doubl e arms on each side that prevent!> a car from being able to go around and cross through . Alderman Sm i th noted that four teenagers were killed on Main Street and the story purported was that the teenagers had attempted to cross with the a r ms l owered . City Attorney Bamburg clarified that once the Ordinance is submitted to the FRA , any cha nge would take the project back through the beginnin9 process of re-qualifying al l crossings along with the uncertainty of thE! Railroad Administration accepting the modificat ion once the deadline has passed. He stated that he is not able to answer that question defini tively, explaining that in the nature of what he has discerned fronl the website, a change would warrant a total review . Alderman Ray moved , seconded by Alderman Smith t hat Ordinance 1236 be APPROVED on FIRST READING . ROLL CALL : Alderma n, Smith, Ray, Fle tcher, Stroud , and Twitty voted AYE. Al derman Sansing, and Rinker voted NAY (0). MOTION CARRIED. Alderman Smith mo v ed, seconded by Alderman Ray to suspend the rules and place Ordinan ce 1236 on SECOND READING. ROLL CALL; Alderman Smith, Ray, Fletcher, Stroud, and Twitty voted AYE. Alderman Sansing, and Rinke r voted NAY (0). MOTION FAILED . Vice Mayor Howard announced that the mot ion fa iled and that Ordinance 1236 will be placed on the December 16th agenda for second reading . ANNOUNCEMENT(S): Vice Mayor Howard announced that the annual Christmas Parade will be held Saturday December 4 th at 1 :00 p.m . a n d the annua l Christmas Open House hosted by City Hall will be held Friday, December 17th from 12:00 p.m. to 3:00 p.m . ADJOURNMENT: Vice Mayo r Howard , without objection adjourned the meeting· at approximately 7 :19p .m . 4 City Counc il Of Jacksonville, Arkansas AGENDA Regular City Council Meeting December 16, 2004 7:00P .M. 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Animal Control Engineering Department Police Department Fire Department 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION : 14. GENERAL: a. Regular City Council Meeting December 2, 2004 Regular City Council Meeting November 18, 2004 Regular Monthly Report for November Public Works Director Jim Oakley Regular Monthly Report for November City Engineer Whisker Regular Monthly Report for November Police Chief Robert Baker Regular Monthly Report for November Fire Chief John Vanderhoof FINAL PLAT: Madison Subdivis ion (Mayor Swaim) (available at meeting) FINAL PLAT: Lot 1, Looper Commercial Subdivision (Mayor Swaim) (available at meeting) Request to Accept Bid: Demolition and asbestos removal (Mayor Swaim) b. Request to Accept Bid: Roosevelt Road sidewalk repair (Mayor Swaim) c. SECOND READING ORDINANCE 1236 (#20-04) Authorizi ng the establishment of quiet zones under Federal regulations for the Railroad Administration (Aldermen Smith, Howard and Fletcher) 000253 000 25 4 City Council A G E N D A continued : December 16, 2004 15 . APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT: d. ORDINANCE 1237 (#21-04) Certifying Tax Liens against various real properties (Mayor Swaim) e. ORDINANCE 1238 (#22-04) Annual Budget for 2005 (Mayor Swaim) f. Request to Accept Bid: City Hall Expansion (Mayor Swaim) City Hall will host Christmas Open House Friday, December 1ih from 12 :00 p.m.-3:00p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16 , 2004 7 :00 P .M. - 7 :47 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 December 1 6 , 2004 at the regu lar meeting place of the Council . Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to the flag . ROLL CALL : Aldermen: Elliott , Smith , Lewis , Sansing , Ray, Rinker , Fletcher, Stroud, and Howa rd answered roll call . Mayor Swaim also answered ROLL CALL declarin g a quorum. PRESENT nine (9), ABSEN T (1). Others present for the meeting were: City Attorney Robert Bamburg , Deputy Clerk Tawnya Johnson , Human Resource Director Charlie Brown , Finance Director Paul Mushru sh, City Engineer Jay Whisker , Public Works Director Jim Oakle y , Fire Chief John Vanderhoof, Police Chief Robert Baker , Parks and Recreation Di rector George Biggs , CDBG Director Theresa Watson , Planning Commission Chairman Art Brannen, Justice of the Peace Dennis Sobba, Mr . Larr y Smi th, interested citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim pres ented the minutes of the regul ar City Council meeting of December 2 , 2004 fo r approval and/or correction at the next regular l y sch eduled City Co unci l 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 November 2004 be APPROVED. MOTION CARRIED. DEVIATION IN AGENDA: Justice o f the Peace Dennis Sobba thanked the City Co uncil for their support during his tenure o n the Quorum Court, explaining his decis ion n ot to run for re-election. He added that he would n ow assume t h e position of Co nstable in January 2005 . Mayor Swaim then announced that Art Brannen would be leaving the Planning Commission following a l ong tenure as Commissioner and Chairman . RESUME AGENDA: CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved , seconded by Al derman Smith to approve the Regular Monthly Animal Control Report for November 2004 . Said report reflects: ADOPTION/FINES: $68 6 . 00 CONTRIBUTIONS: $ 75.00 TOTAL: $761 .00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved , seconded by Alderman Smith to approve the Regular Mo n thl y Report for Novembe r 2004 . Said report reflects the Total Val ue of Reported Stolen Property $73 ,502 . Total Value of Re covered Stolen Property $61,336 and Total Report Sales $488.00. 1 000255 CITY OF JACKSONVILLE REGULAR CI TY COUNCIL MEETING DECEMBER 16, 2004 7 :00 P.M . - 7 :47 P .M. REGULAR MONTHLY REPORT /FIRE DEPARTMENT Alderman E l liott moved , seconded by Alderman Smith to approve the Regu lar Monthly Report for November 2004 from the Jacksonville Fire Department , which reflects a fire loss of $147,000 a n d a savings total of $15,500 .00 . REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved , seconded by Alderman Smith to approve the Regula:r Monthly Report fo r November 2004 . Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 13 17 64 11 18 Trash Removal Cost for December 4 $2 ,5 1 9 .20 INSPECTIONS PREFORMED Building Inspections HVACR Plumbing Electrical VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made Demol i t ions 20 5 50 51 44 28 0 0 0 ROLL CALL : Aldermen Elli ott , Smith , Lewis, Sansing , Ray , Rinker , Fletcher , Stroud , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : PARKS & RECREATION: STREET DEPARTMENT : SANITATION DEPARTMENT: PLANNING COMMISSION : a . FINAL PLAT of Madison Subdivision City Engineer Whis k er related that the property is l ocated in the Shopping Center between James and Dupree Drive . He explained that the developer i s proposing to open a Dollar retail store . He noted that a second lot on the same property could accommodate a 5, 000 square foo·c building . Alderman Stroud moved, seconded by Alderman Elliott to approve th4:! Madison Subdivision as recommended . MOTION CARRIED. b. FINAL PLAT of Lot 1, Looper Commercial Subdivision City Engineer Whisker related that the developer has requested that the item be removed from the agenda . GENERAL: a . Request to Accept Bid for Demolition and Asbestos Removal Mayor Swaim noted a sizable price difference in bid submitta l , adding t hat the low b i d d er has performed demolition for the City in t he past. 2 000 ~~,...., CJI CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7 :00 P .M. -7:47 P.M. City Engineer Whisker answered that the properti es slated fo r demolition are 212 East Ma i n, 112 Pulaski , and 149 Roosevelt Road . Alderman Ray moved, seconded by Alderman Sansing to accept the l ow bid of $14,850.00 from Youngblood Excavation & Demolition to be drawn from budgeted funds . MOTION CARRIED . b . Request to Accept Bid for Roosevelt Road sidewalk repair Mayor Swaim noted that bid specifications cover a combination of s i dewalks and c urb on Roosevel t Road to be rep a i red with CDBG funding. City Engineer Whisker related that Roosevelt Road has several problems ; exp l a i n i ng that along with damaged sidewalks, some residents have placed pipe and concrete at the end of the driveways, which has cau sed area dra i nage problems. He then exp l ained that the sidewalk in the d r iveway area would be dropped approximate l y 4" and increased in thickness to prevent breakage when being d riven on. He noted that the project consist o f 83 dr i veways , estimated at $750.00 each . I n response to a q uest i on posed by Alderman Howa r d , City Engineer Whisker no t ed other streets in need of repairs but added that Roosevelt Road is the recommendation he had received . Discuss i on ensued regarding residents who park on the sidewalk to keep from parking i n the streets. Alderman Elliott moved , seconded by Alderman Lewis to accept the low bid of $62,250 .00 from MeV Inc . wi th funds to be drawn from CDBG funds. MOTION CARRIED . c . SECOND READING ORDINANCE 1236 (20 -04) AN ORDINANCE ESTABLISHING FOR THE CITY OF JACKSONVILLE, ARKANSAS A NEW QUIET ZONE AS REQUIRED BY FEDERAL REGULATIONS FOR THE FEDERAL RAILROAD ADMINISTRATION; AND, FOR OTHER PURPOSES . Mayor Swaim noted that the Ordi nance add ing that Ci ty Engineer Whisker regarding the crossings . is on the agenda for dis cuss ion, was asked to prepare estimates Committee Chairman Smith stated that the deadline has been e x tended to Apri l 1, 2005 because of n at i onwide i nterest . He related that with the deadline extens i on , he would like to have more i nformation regarding the inclusion of Trickey Lane , and further c i tizenry input before ordinance adopt i on. Alderman Fletch er suggested t h at the item be tabled and further info r mation be gath ered regarding options tha t would still meet comp l i ance , such as extending the arms versus construct i ng concrete barriers . He s u ggested that representatives from the Railroad be invited to an upcoming Ci ty Council meet i ng to discuss i on issues . 3 . 00025S CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7 :00 P .M. -7:47 P.M. Alderman Fletcher moved , seconded by Alderman Smith to table the item o f business until January or February pending further information . MOTION CARRIED . Mayo r Swaim noted that improvements to the arms as well as concrete barriers are both require ments for compliance, adding t hat until the City commits to those improvement s, the Railroad Admin i stration wou ld not b e interested in discussing options . He explained that there are extensive factors involved in applying f or a q uie t zone accept a n ce . He then as ked City Engineer Wh i sker to comment on possib le traffic pattern diversion~> for the Trickey Lane crossing . City Engineer Wh i sker referred to a map provided to the Ci ty Council, exp l aining routes available to residents tha t l ive on Garvin Lane . He related an alternate route as an extension of Trickey made from mil lings and used as a rear Park entr a nce . He noted that t he r oad i s approximately 16 ' wide and 1 ,000 ' in length, adding tha t i t would cost: approximately $12,000 .00 to properly asphalt the r oad without curb and gutte r or drainag e issues . Alderman Smith point ed out that the road in question is locat ed b e hind t h e Parkvi ew Subdivision , noting that traffi c f rom Ga rvin Lane wo u l d have to ta k e t hat road around Parkvi e w to come up to Redmon d Road . He pointed out that it might be considered an inconvenience for the res i dents livin9 on Garvin unless they are willing t o sacri f ice convenien ce for t h e quiet z one . Mayor Swaim stated that all information is available fo r the press and inte r ested ci tiz ens, adding that there would be no formal acti on at thi~: time pending further informat ion . He stated that he is awa re that the City of Arkadelphia had abandoned the concept because of mo u nting cost. associated with t h e project, n ot ing that all factors need to be considered and reviewed. In response to a quest ion posed by Alde r man F l e t c he r , Mayor Swa im related that an Ordinance would have to be adopted a nd all factors known prior t o the Railroad Adm ini stration being able to determine el ig ibili ty. Discussion e n sued regarding the freque n cy of trains throug h the Ci ty, anc Mayor Swaim stated that a count take n for the Main Street Overpass r evea l ed that approximatel y 73 trains passed through in a 24-hour per iod . Further discussion revealed that two crossings , one in t he Holland Bottoms area and one in the bean f i eld could not be cons idered for quiet zone s and that there is the p oss ibi l ity that t rain whis t les woul d still be h eard from these crossings . I t was concluded that f urther investigation would proceed . d. ORDINANCE 1237 {#21-04) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE , ARKANSAS , FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR FOR THE CITY ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. - 7 :47 P.M . Mayor Swaim related t hat the Ordinance being presented is an annual hou s eke eping measure to certify liens placed on property for maintenance performed by the City . He stated that the liens are attached to the real es tate taxes and collec ted by the County . Alderman Stroud moved, seconded by Alderman Sm i th that Ordinance 1237 be placed on FIRST READING . ROLL CALL: Alderman El l iott, Smith , Lewis, Sansing, Ray, Rinker, Fletcher , Stroud, and Howard v oted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1 237 . Mayor Swaim invited anyone from the a udience to address the City Council . He related that each property owner had been sent registered notification of lien f r om the City. Alderman Fletcher mo ved , seconded by Alderman Ray that Ordinance 1237 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott , Smi th, Lewis , Sansing , Ray , Rinker, F letche r, Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rul es and place Ordinance 1 237 on SECOND READING. ROLL CALL: Alderman E lliott, Smith, Le wis, Sansing , Ray , Rinker , Fletcher, Stroud, and Howa rd voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 237. Alderman Fletcher moved , seconded by Al derman Lewis to further suspend the rul es and place Ordinan ce 1237 on THIRD and FINAL READING. ROLL CALL : Alderman E lliott , Smith, Lewis , Sansing , Ray , Rinker , Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read t he heading of Ordinance 1 237. Alderman Smith moved, seconded by Alderman Lew i s that Ordinance 1237 be APPROVED AND ADOPTED. ROLL CALL: Alderman E l liott , Smith, Lewi s , Sansing , Ray, Rinker , F le t cher , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Fletche r moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be attached to Ordinance 1237 . ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing, Ray, Rinker, Fletcher, Stroud , and Ho ward voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1237 THIS 16th DAY OF DECEMBER 2004. e. ORDINANCE 1238 (#22-04) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2005 ; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND 5 000260 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETI NG DECEMBER 16, 2004 7 :00 P .M. - 7 :47 P .M. SERVICES ; COVERING GENERAL FUND OPERATIONS , STREET FUND , EMERGENC ~r MEDICAL SERVICES FUND , AND SANITATION FUND ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 123:3 be placed on FIRST READING . ROLL CALL : Alderman E ll iott, Smi t h, Lewis , Sansing, Ray, Rinker , Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read Ordinance 1238 . Mayor Swa i m stated that the budget is balanced, commendi ng Departments for reducing their budgets without sacrificing service to t he c itizens . He stated that the budget includes a maximum 3% raise sliding to a $700.00 raise for emp loyees that hav e reached the i r mid-point. He noted that the average raise is 2 . 94%. He commended the Finance Department fo:::- their contributions in preparing the budget. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1238 be APPROVED on FIRST READING. ROL L CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1238 on SECOND READING . ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read thE! heading of Ordinance 1238 . Alderman Howard moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1238 on THIRD and FINAL READING. ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1238 . Alderman Strou d moved, seconded by Alderman Sansing that Ordinance 123C: be APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Lewi s, Sansing, Ray, Ri nker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved , seconded by Alderman Smith t ha t the EMERGENC Y CLAUSE be attached to Ordinance 1238. ROLL CALL : Alderman Elliott, Sm i th, Lewis, Sansing, Ray, Ri nker , Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1238 THIS 16th DAY OF DECEMBE R 2 004. f . Request to Accept Bid for City Hall Expansion Mayor Swaim reviewed that the new City Hall had b een constructed with non-tax dollars using a housing bond issue passed in t he 1970's . He 6 000261 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7 :00 P.M . -7:47 P.M . stated that the b ond issue had b e en refinanced, saving enough fu nds to finance the construction of the new City Hall . He noted that since that time the interest rate has fallen and the bond issue has been refinanced producing enough money to fund an addition to City Hall. He stated that when City Hall was originally constructed over 3,000 square foot had been deleted from the plans because of fund i ng. He re lated that technical advancements have expanded that area of operation and i t has become difficult to maintain the proper temperature for the network system. He explained that separate cooling devices are being used to maintain the required temperature for the equipment, further explain i ng the crowded conditions for employees who share space in the equipment room. He stated that along with e xpanding the Engineering Department there are plans to provide a new space for the technical personnel and the equipment . He stated that the technical area would have its own heating and cooling system to properly maintain the equipment . He stated that by refinancing, the Housing Facilities Board accumulated funds and are allowing the City to use those funds since they were derived from the original bond issue that first constructed City Hall. He explained that the funds are specific in nature, adding that the expans ion does qualify for those funds. He stated that the City Council is being asked to accept the low bid for that expansion . Plans for the expansion were offered for review and Mayor Swaim explained that since t he present construction has a metal roof, a separate building wi t h a connec tion to the existing bui lding is planned to prevent having to damage the exist ing roo f in construction . He noted that the expansion is slightly ove r 2,000 square feet and includes some remode ling to the present facility . He explained that the present facility is limited regarding storage space, adding that storage space for the exist i ng building i s pl anne d . He explained that when the present facility was constructed there was not a Human Resource Department, which current l y exists, adding that Human Resource would move into the present Engineering Department . He stated that the expansion would allow contractors to enter the Engineer ing Department without having to enter the main building . He stated that the archite ctural plans would easily fit the existing structure and would improve the overall appearance of City Hall. He then answered that the connection point would be through the hallway outside the present Engineering Department, adding that plans incl ude a new office for four Code Enforcement officers . He stated that the architect is comfortable with the low bidder a n d makes that the i r recommendat ion . Alderman Elliott moved , seconded by Alderman Howard to accept the low bid of $329,100 .00 from Ark-Tex Remodeling with those funds being made available from the Housing Facilities Board. MOTION CARRIED . ANNOUNCEMENT(S): He asked that a nyone interested in issues regarding the railroad please remain afte r City Council to speak with the Alderman or City Engineer Whisker, adding that the City will continue to gather information and is very interest in ci tiz enry input . 7 OG-0262 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. -7 :47 P .M. He announced that January 12th the Arkansas Municipal League wil l be hosting its annual fall meeting, which was moved to January because of the Legislative Session. He stated that the League has invited all State Senators and Representat i ves to attend and is encouraging al l city council members to attend. He asked that City Counci l members interested in attending contact his office. He stated that the League feels it is important for City officials to show the impact the Legislation has a ·c the municipal level. He pointed out that th is offers an opportunity for input at the beginning of the Legis lative Session rather than duri ng the Session . Ci ty Hall will host Christmas Open House Friday, December 1 7th from 12:00 p.m. -3:00p.m . He added that service awards will be presented at 2:00 p .m. Alderman Ray stated that he would like to go on record as expressing the Council's appreciation to the Mayor's secretary, Ms . Bertha Tipton for her service to the City Counci l over many years, noting her retirement at the end of 2004. Mayor Swaim announced a public hearing to be held by the Arkansas Highway Department Monday, January lO th regarding the James Street overpass and the Vandenburg Inte r section. He stated that the City had requested a study regarding the traffic patterns and the draft is completed and ready for review at the public hearing. He encouraged participation, expressing the importance of public involvement and i t s infl uence in the outcome. Mayor Swaim stated that as 2004 comes to a c l ose it h as been a good year, expressing his appreciation to the City Council for working throu gh the City 's business in a spirit of cooperation for the citi z ens . Alderman Smith reiterated his appreciation for the Ci ty Council's ability to work together. Alderman Lewis expressed his appreciation for being able to attend the National League of Cities meetings and offered a positive healt h report regarding his recent battle with cancer. ADJOURNMENT : Mayor Swaim without objection adjourned the meeting at approximately 7 :47 p .m. Respectfully, ~~~ MAYOR TOMMY SWAIM 8