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2008City Council Of Jacksonville, Arkansas AGENDA 0:1il:i0 f . . . - 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 January 3, 2008 7:00p.m. Regular City Council Meeting December 20, 2007 Regular City Council Meeting December 6 , 2007 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 . UPDATE: Library project (Mayor Swaim) UPDATE : Recycling Park (Mayor Swaim) PLANNING COMMISSION Reappointments ofT om Evans , John Herbold and Bart Gray, Jr. for terms to expire 1/1/2011 Appointment of Charles Evans to fill the unexpired term of Emma Knight to e xpire 1/1/2009 Annexation Meeting January ih@ 6 :30p.m. First Baptist Church of Gravel Ridge Annexation Meeting January 14th @ 6:00p .m . Jacksonville Community Center C~O OD ~ CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 3, 2008 7 :00 P .M. -7 :07 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met i n Reg u lar Session on January 3 , 2008 at the regular meeting place of the Council . Alderman Ray delive r ed the invocation and Mayor Swaim led a standing audience in the "Pledge of Alleg i ance" to the flag . ROLL CALL : Aldermen: Ell i ott , Smith , McC lea ry , Sansing , Ray, Rinker , Fletcher, Stroud , Twitty , and Howard answered r oll call . Mayor Swa im also answered ROLL CALL declaring a quorum . PRESENT ten (10), ABSEN T (0). Others present for the meeting were: City Attorney Robert Bamburg , Deputy Clerk Kathryn Jezwinski, Director of Administration Jay Whisker , Public Works Director Jim Oakley , Assistant Finance Director Cheryl Erkel , Hum an Resource Director Jill Fourqurean , CDBG Director Theresa Watson , Fire Chie f John Vanderhoof, Police Chief Robert Baker , Jack Danielson , Alfonso Nations , Larry Smith , Tommy Dupree, interested citizens and members of the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular Ci t y Counc il meeting of December 20 , 2007 for approval and/or correction at t he next regularly scheduled City Council mee ting. APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved , seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 6 December 2007 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMEN T : FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: GENERAL : a. UPDATE Library project Director of Administ ra tion Jay Whisker provi ded the City Counci l with photographs of the Library site , point ing out that c urrently there is a drilling rig o n site to d ri ll 36 hol es to accommodate the heating and cooling of the building . He stated that this type of installation is referred to as hydronics , explaining tha t it is achieved by putting pipe into the ground t o g ai n the therma l effect of the earth t h u s making it cheaper to heat and cool the building . He stat ed that because of the water table and the soil conditions it i s taking sl ightly longer than expected . He related that nineteen holes have been comp l eted along with 1 CITY OF JACKSONVILLE ("',"".~ 00 3 \... .,_; . . " REGULAR CITY COUN CIL MEETING JANUARY 3 , 2008 7 :00 P .M. -7 :07 P .M. the plumbing and electrical slabs , pointing out that the s l ab has been covered while the concrete is curing . He then related that the drainage along the rear al l ey has been completed and the drainage across the street at the southeast corner of Bailey and Warren has not yet been completed. He stated that the final design has just been approved and the steel f or the building has been ordered. He added that it is expe c ted to take approximately six weeks for the stee l to arrive. b . UPDATE Recycling Park Public Works Director Jim Oakl e y thanked the City Co u nci l f or securing funds to construct the pavil i on and begin the Recycling Education Park. He stated that the pavilion is almost complete l acking only facial and trim work. He then noted that LRAFB has donated two of the four large concrete flower p l anters , explain i ng that the two donat e d by the LRAFB were p l aced near Marshall Road. He t hen expl ained t hat t en i nformationa l signage stations would be located around the pavilion targe t ing the grades K through 5 for educat i onal purposes . He noted that seven of the sign stations were funded through private o r ganizational donations, adding that they also received donations through some of the local lumber stores to provide the landscape t i mbers for the walking path around the perimeter. He related that there would be a walking path app r oximately 150 ' in diameter around the pav i lion. He estimated that the project would be completed by the end of spring or the first of s u mmer, pointing out that it would be the following school year before tours can be schedu l ed . Mayor Swaim stated that recognition is due to Keep Jacksonvil le Beautiful and Jim Oakley in coordinating this project. APPOINTMENT(S): PLANNING COMMISSION REAPPOINTMENTS AND APPOINTMENT Alderman Smith moved , seconded by Alderman Sansing to approve the reappointment of Tom Evans , John Herbold, and Bart Gray , Jr . for terms to e x pire 1/01/2011 and to approve the appointment of Charles Evans to fill the unexpired term of Emma Knight to expire 1/1 2/2009 . MOTION CARRIED . ANNOUNCEMENT(S): Annexation Meeting January 7th @ 6:30 p .m . at the First Bapt i st Church of Gravel Ridge. Annexat i on meet ing January 14 t h @ 6 :30 p.m. Jacksonv i lle Community Center . ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7 :07p .m. MOTION CARRIED. Respectfully , 2 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting January 17, 2007 7:00 p.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: Fire Department: Engineering Department: 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SAN ITATION DEPARTMENT: 12 . PARKS & REC. DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT a. Regular City Council Meeting January 3, 2008 Regular City Council Meeting December 20 , 2007 Regular Monthly Report/December Police Chief Robert Baker Regular Monthly Report/December Annual Report/2007 Public Works Director Jim Oakley Regular Monthly Report/December Fire Chief John Vanderhoof Regular Monthly Report/December (Mayor Swaim) 2007 Annual Report by Ken Anderson (Mayor Swaim) (availab le at meeting) 2007 Annual Report by Thea Hughes (Mayor Swaim) (available at meeting) STATE OF THE CITY Presented by Mayor Swaim (available at meeting) b. Matching Funds/Health Department Building (Mayor Swaim) c. RESOLUTION 608 (#1-2008) Supporting a partnership with the National Park Service to establish Historic site regarding World War II (Mayor Swaim) n "'f'\r.r .- 1..: !_} (. 'I J' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 1 7, 2008 7:00 P.M. - 7 :39 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonvil le, Arkansas met in Regular Session on January 17 , 2008 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of All egiance" to the f l ag. ROLL CALL : Aldermen: Elliott, Smith , McCleary , Ray , Rinker , Stroud , Twit t y , and Howard answered roll call . Mayor Swaim also answered ROLL CAL L declaring a quorum . PRESENT NIN E (9), ABSENT (1). Alderman Fletcher arrived at approximate l y 7:01 p.m . Others present for the meet i ng were : City Attorney Robert Bamburg , Deputy Clerk Kath r yn Jezwinski , Di r ector of Administrat i on Jay Whisker , Pub l ic Works Director Jim Oa kley , Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel , Human Resource Director Jill Fourqurean , CDBG Director Theresa Watson , Fire Chief John Vanderhoof , Police Chief Robe rt Baker, Wastewater Ut i lity General Manager Thea Hughes , Jacksonville Sewer Commission Chair Joan Zumwalt , Jacksonville Water Corrunission Chair Thad Gray , Jacksonvi l le Wa t erworks General Superintendent Ken Anderson, Mrs. Judy Swaim, Parks and Recreation Office Manager Patty Walker , Ron Newport , Jack Danielson , Alfonso Nations , Larry Smith, Mike Lehman , Kristen Griggs , Aquatics I ns t ructor Diane Novotny , i nterested citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meet i ng of January 3 , 2008 for approval and/or correction at the next regularly schedu l ed 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 20 December 2007 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved , seconded by Alderman Smith to approve the Regular Monthly Re p ort for December 2007 . Rep ort reflects the Total Value of Reported Stolen Property $41,065. Total Val u e of Recovered Stolen Property $13 ,693 and Total Report Sales $1 ,328. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved , seconded by Alderman Smith to approve the Regular Monthly An i mal Control Report for December 2007. Said report reflects: ADOPTION/FINES: $1 ,945 .00 CONTRIBUTIONS: $ 100 .00 TOTAL : $2 ,045 .00 1 -.... ·~ CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17 , 200 8 7:00 P .M. - 7 :39 P .M. ANNUAL REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regu l ar Annual Monthly Animal Control Report for 2007 . Said report reflects : ADOPTION/FINES: CONTRIBUT ION S : TOTAL: $27,752 .50 $ 500.10 $28,252.50 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman El liott moved , seconded by Alderman Smith to approve the Regular Monthly Report for December 2007 from the Jacksonville Fire Department , which reflects a f ire loss of $37,500 and a savings t otal of $68 ,000. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report fo r December 2007. Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY 10 9 Grass Letters 7 Property Mowed 5 Tr a sh Letters 106 Trash Removal 1 Property Maint. Letters 25 Cost fo r Decembe r $1 ,115.76 INSPECTIONS PREFORMED Building Inspections HVACR Electrical Plumbing VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Str uctural Repa irs Made Demo l itions 55 24 58 47 30 7 0 0 0 ROLL CALL : Aldermen : Elliott , Smith , Stroud , Twitty , and Howard voted AYE . McCleary, Ray, MOTION CARRIE D. Rinker , WATER DEPARTMENT: 2007 Annual Report Fletcher, General Superintende nt Ken Anderson delivered the 2007 Jacksonv il l e Waterworks Annual Report. A copy is on file in the City Clerk 's of f ice . Hi ghlights from the report: ~ Zero water quality violations for 2007 ~ Completed installation o f the Neptune "AMR" Automa t ed Meter Reading system at a cost of $2.4 million . ~ Continued efforts in the Master Plan, including the transmission ma i n from Central Arkansas Water to J acksonville , wh i ch has been completed up to south of the Arkansas River going across t h e I-430 Bridge . ~ Completion of the Wilson Plan pump that will pump water north across the Ar kansas River at a cost of $5.5 mil l ion . Jacksonvi lle's share was $1.2 million. 2 );> Installed: ./ 4, 664 linear feet of pipe . ./ 8 fire hydrants ./ 24 valves ./ 28 upgraded water services CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 1 7, 2008 7 :00 P .M. -7:39 P .M. Mr. Anderson related that water production was up in 2007 , saying that on August 1 2 , they reached a high for the year of 8.2 million gallons , which was over the previous year of 6. 9 million gallons. He stated that the total production for the year was 1.7 billion gallons, wh i ch was a 4.1% increase from the previous year . He related that the average daily flow for the year was 4.5 million gallons. He noted that every f i ve years an update is performed regarding the Master Plan , exp l aining that 2008 will be the fifth year . He related that part of the process would be to study the adequacy of rates . I n response to a question posed by Alderman Stroud, Mr. Anderson answered that in the years of 1998 through 2000 the Jacksonville Waterworks was selling water to the City of Cabot , adding that currently Cabot is only purchasing a minimum amount so there would appear to be a drop when the customer base was actually increasing. Mr . Anderson then answered that the new meter reading system can read meters fr om several hundred feet. In response to a question posed by Al derman Fletcher , Mr . Anderson stated that the system would pay for i tself in four years. He noted that every ten years meter s are supposed to be replaced , explaining that this was an opportunity to upgrade to more advanced technology. He added that it is projected that the Neptune meters will last l onger than ten years, point ing out that the new meters pick up lower flows . He then answered that Jacksonville Waterworks employees have been trained to handle route maintenance of the new meters, adding that Triton Water Technologies wou l d handle larger problems . Alderman Ray commended the Water Department for h aving nine licensed operators. WASTEWATER DEPARTMENT: 2007 Annual Report General Manager Thea Hughes delivered the 2007 Jac ksonville Wastewater Utility Annual Report. A copy is on file in the City Clerk's office . Highlight s from the report: );> 12 th consecutive year with zero treatment plant permit violations . ./ City of Mountain Home is the only other city to go 10 years without violations . ./ Chief of Enforcement with ADEQ chooses to use Jacksonville plant to train new inspectors . ./ Cities of Searcy and Cabot borrowed gallons of sludge (micro-organisms) started . 3 approximate l y 100,000 to get their plants CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17 , 2008 7 :00 P .M. -7:39 P .M. TREATMENT , LAB & PRETREATMENT ~ Successfu l ly trea ted 2 ,159 ,3 30 ,000 gallons of wastewater. ~ Accepted 2 ,034 ,000 gallons of landfill leachate from t he Two P ines Landfill . ~ Inspected 425 restaurants for proper grease trap maintenance . ~ Inspected 180 oil/water separators at mechanic shops and garages . ~ Rece ived "Excellentu ratings i n laboratory certification by EPA . ~ Passed annual inspections by ADEQ in all areas . ~ All indust ries are in compliance with their discharge permits . COLLECTION SYSTEM & TECHNICAL SERVICES ~ Continued rehabilitation of lines to eliminate overflowing manholes . ~ Completed the majority of l ines and manhole rehab in area northwest of freeway in the Quince Hill area a nd the northeast area that feeds into the Northeast Pump Station . Preliminary fl ow data shows a 15 inflow/in fil tration in rehabbed areas , successful rehab program by EPA , Natural Service , and State Revolving Loan Fund. to 25% reduction in considered to be a Resources Conservation 50% of I/I comes from private sewer lines, the Commission wi ll continue inves t igating these lines f or rehab . ~ Responded to 223 customer calls , main line a nd service l ines , only three of those were due to rain. 68 of 95 main line calls were due to g reas e in the lines . ~ There is a dedicated crew to clean sewer lines daily . ~ Continued education program via mail-outs, billboards, public newspa per announcements to teach residents about complications of grease in the lines . ~ Cost the Utility approximately $595 per call , in 2007 that equates to $40 ,460 . ~ Televised 75 ,826 feet of ~ Accepted 1 ,449 feet of manholes . line for investigative purposes . new subdivision l ine , along with ~ Inspected 356 pr i vate service lines ~ Property owners repaired 41 privately owned service lines . ADMINISTRATION 9 new ~ Operating revenue from sewer use fees were up 12% i n 2 007 due to the final phase of the five-step rate i n crease . In response to a quest i o n posed by Alderman Stroud, Mrs. Hughes stated that the periodic increase regarding overflowing manhol es f rom 2003 to 2007 were mostly du e to grease , recapping efforts to educate the r es idents not to put grease in the lines by sending letters to all households on the line that overflows . 4 -- Licenses: ./ Class I Wastewater ./ Class II ./ Class III ./ Class IV ./ COL ./ Solid Waste ./ APIA 3 1 11 3 1 5 7 5 CITY OF JACKSONVILLE l~-;("\f'"l u'"'.·g ' $ c • . \. ._, ·~ .. REGULAR CITY COUNCIL MEETING JANUARY 17 , 2008 7 :00 P .M. - 7 :39 P.M . The City Council complimented both departments for having zero permit violations . FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION: GENERAL : a . STATE OF THE CITY BY MAYOR SWAIM A copy of the fu ll report is on file in the City Clerk's office. He stated that while p atie n ce is a virtue, t he citizens of J acksonvi l l e are to be commended, for afte r many attempts by our legislative delegation , and with significant effort by Congressman Vic Snyder ; the Joint Education Center has finally been funded. He added that the wait would certainly be worth the reward , now plans can proceed for the construction of what will equal a community college in Jacksonville. He related that this is a positive step toward improving educationa l opportunities fo r the military personnel at Little Rock Air Force Base and the citizens of Jacksonville . He stated that an additional project that has tried many of our pat ience is also underway. A new library is rising from the ground on Main Street in downtown Jacksonville , an event many have waited years to see . He r e lated that agai n, the wait was certainly worth it because the City of Jacksonville now has a much larger site than originally planned. A third project , the Police and Fire Training Center , is now fully funded and in the planning stage . This facility will enhance the training program for both Departments , providing better-prepared public safety employees. He noted t ha t the architect was c h osen today. He stated that these projects are the result of the citizens of Jacksonville's willingness to support new ideas and efforts to improve the quali ty of life in our community. He explained that this is not the norm for many cities in our S tate , adding that he is very thankful for everyone 's suppo r t regarding those efforts. He related t hat the financial condition of our City continues to be strong . He stated that under the guidance of Finance Director Paul Mushrush , our financial record keeping and reporting continues to 5 OJG 010 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 1 7, 2008 7 :00 P .M. - 7 :39 P.M . improve, as documented by the City of Jacksonville being presented the Certificate of Achievement for Excellence in Financial Reporting Award for ten consecutive years . He then stated that the department heads and employees are to be commended for the ir efforts to mee t the expectations of our citizens , adding that t heir efforts make his job much easier . He repor t ed that Jacksonville cont inues to grow even with a nationwide housing construction downturn. He stated that there were 119 single -family building permits issued in 2007 worth $14 ,078 ,748 and a total of $29 ,926 ,14 3 in permits i ss ued including mult i-family , commercial and remodeling . He stated that while the housing industry has slowed, it h as not stopped in Jacksonv i lle. He went on to point out that t h rou ghout the Sta te of the City report, there are many accomplishments he has not mentioned in his statement. He stated that he would like to personally acknowledge the hard work of all City of Jacksonville emp l oyees and particularly the commi ssion membe rs and diligent City Council members, addi ng that without the ir suppo rt, t he City of Jacksonville could not continue to be a progressive , growing community . He encouraged everyone to spend time reviewing the report , explaining tha t each department has cont r ibuted to the report. He re i terated his appreciation of support and t h an ked everyone for their ef fort s . Alderman Stroud commended the report , noting that progress in the City i s evident . He quoted an article written by Jim VonTunglen in the Municipal magazine , saying that "i f you can 't build something beautiful , at least tear something ugly down .u Alderman Ray and other City Council memb ers commended the report, and the work performed by the utilities . b. Matching Funds/Health Department Mayor Swaim related t hat the County Hea lth Department unit located on North First Street has app l ied for a $200 ,000.00 g r ant to construct a n addition and make necessary imp rovements to the building. He explained that the County has as k ed that the City commit a 10% match. He stated that the i t em is not budgeted but could be funded through the Contingency Fund if approved by the City Council . He stated that current l y t he facility 's size is inadequate , pointing out t h at t h e lobby cannot accommodate times when the vo l ume of customers increase. He stated that a 1 0% match would equate to a $20 ,000.00 expenditure . Alderman Smith stated that it is a good cause , adding that he has observe d times of congestion and recognizes the need to expand. Alderman Smith moved, seconded by Alderman Stroud to approve 10 % matching funds for the County Health Department expansion contingent on the County receiving their grant. MOTION CARRIED. 6 c. RESOLUTION 608 (#1-2008) 0 0001 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 17, 2008 7 :00 P .M . -7:39 P .M. A RESOLUTION EXPRESSING SUPPORT FOR THE ESTABLISHMENT OF AN AFFILIATED AREA OR NATIONAL HISTORIC SITE IN PARTNERSHIP WITH THE NATIONAL PARK SERVICE TO PROVIDE INTERPRETATION AND EDUCATION ABOUT THE WORLD WAR II HOME FRONT IN JACKSONVILLE, ARKANSAS , AND ACROSS THE COUNTRY; AND , FOR OTHER PURPOSES . Mayor Swaim no te d t h at Resolut i on 608 is i n suppor t o f a joi nt partnership betwee n the Jacksonvil l e Museum of Mi l i ta r y History and the National Park Se r vice to establish an af f i liated area or n ational historic site regarding World War I I and the Jac k sonvi lle communi t y . He further expla i ned that the Resolut i on support s the appl i cat i on and ensures proper partici pation. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 608 (#1-2008) MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 608. Alderman Fletcher moved, Resolution 608 (#1-2008) . seconded by MOTION CARRIED . Alderman Howard to approve ANNOUNCEMENT (S): Mayor Swaim reminded the Ci t y Coun c il of t he mandated joint meeting wi t h the Planning Commission and public regardi ng future pl a nning in a f ive to ten year range . Discussion ensued regar d ing date, time , and location ; i t was the consensus to ho l d the meeti ng February 12th beginning at 1 1:30 p .m. at t he Jacksonv i l l e Community Cent e r . Mayor Swaim encouraged public attendance. Di scussion ensued regarding sign i ficant efforts for Jacksonville to establish its own schoo l d i stri ct. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7 :39p.m . MOTION CARRIED . Respectfully , 7 Q-00012 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting February 7, 2008 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 & REC. DEPT : 13. PLANNING COMMISSION: 14. GENERAL: 15 . APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT Regular City Council Meeting January 17, 2008 Regular City Council Meeting January 3, 2008 Regular Monthly Report/January (Mayor Swaim) Request to accept bid : Telephone System (Mayor Swaim) Request for matching funds Reed 's Bridge Battlefield Preservation Society (Alderman Ray and Howard) OJ OG~J CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7 , 2008 7:00 P.M . -7:11 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on February 7 , 2008 at the regular meeting place of the Council . Alderman Ray delivered the i n vocation and Mayor Swaim led a standing audience in the "Pledge of Allegi ance " to the flag . ROLL CALL : Aldermen: Elliott , Smith , McCl eary , Sansing , Ray, Fletcher , Str oud, and Howard answered rol l call . Mayor Swaim also answered ROLL CALL decla ring a quorum . PRESENT EIGHT (8}, ABSENT (2}. Othe r s present for the meeting were: City Attorney Robert Bamburg , Director of Administra tion Jay Whisker, Public Works Director Jim Oakley , Finance Director Paul Mushrush , Assistant Finance Director Cheryl Erkel, Human Resource Director Jill Fourqurean , CDBG Director Theresa Watson , Fire Chief John Vanderhoof, Police Chief Robert Baker , Parks and Recreation Assistant Kristen Griggs, Mrs. Judy Swaim, Mrs . Edith Sm i th, Jack Danielson , Tommy Dupree , Alfonso Nations, Larry Smith , Mike Wilson , Mike Lehman , interes ted citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Coun cil meeting of January 1 7, 2008 for app r oval and/or cor rection 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 3 January 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved , seconded by Alderman Strou d to approve t he Regular Monthly Report for January 2008. Said report reflect s : PERMITS/LICENSE ISSUED Building Permits Business Li cense UNSIGHTLY & UNSANITARY 12 17 Grass Letters 0 Property Mowed 5 Trash Letters 100 Trash Removal 9 Property Maint. Letters 3 2 Cost for December $2 ,723.50 INSPECTIONS PREFORMED Building Inspections HVACR El ectrical Plumbing VEHICLES Notice of Noncompl i ance Towed CONDEMNATIONS Structur al Maint. Lett ers Structural Repairs Made Demol itions 41 60 49 34 7 0 0 0 0 ROLL CALL: Aldermen : Elliott, Smith, McCleary, Sansing , Ray , Fletcher , Stroud , and Howard voted AYE . MOTION CARRIED. OJC 01 4. WATE R DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : CITY OF JAC KSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7 , 2008 7 :00 P .M. - 7 :11 P .M. PARKS & RECREATION : Request to Accept Bid for telephone s y stem Mayor Swaim noted that the proposed telephone system i s the same phone system that is being used in City Hall. He then noted that two bids were expected but only one bid was actually turne d in to purchasing , addi n g that i t is an acceptable bid. He then explained to the City Council that Parks and Recreation is request ing that of the two options provided they would li ke to have the added feature of voice ma il. Mayor Swaim then answered that the phone system is a budgeted item . Alderman Smith moved, seconded by Alderman Sansing to approve the bid from Optus with the v oice mail package in the amount of $7890 .25 with funds to be drawn f r om budgeted Parks and Recreation funds . MOTION CARRIED . It was noted that the phone system would only be p ro vided to the Community Center . PLANNING COMMISSION : GENERAL : Request for matching funds for Reed's Bridge Battlefield Preservation Society Mr . Tommy Dupree of Reed 's Bridge Battlefield Preservation Societ y stated t hat the request is f or the City to fund $100 ,000 to pay off t he Reed 's Bridge Battlefield Society regarding a sale t hat began some time past . He explaine d that the t itles have been transferred to the City , explaining that not al l the transaction s have been completed . He explained that there is still one piece of ground of which part was donated, adding t hat another piece would be donated along wi th a $50 ,000 cash donation that would go into the acquisition . He stat ed t hat the $50 ,000 wou ld go into the City 's fund and in turn , the City would fund it back to the Preservation Society . He related that the pieces o f property include 105 Lakeshore Drive that has a house on the property , also p ro perty known as the bean property on Hwy . 1 61 with a house consisting of approximately 3 . 5 acres , adding that the house wou l d need to be removed. He continued saying that the property also consisted of the co rner property between Militar y and Trickey Lane that was also donated. He then answered that the property consisted of 4 acres p l us. He then noted t hat the p roperty has two houses and they h ave obtained appraisals . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 7 , 2008 7:00 P.M . -7:11 P .M. In response to a question posed by Alderman Ray, Mr . Dupree surmised that with the acquisition of the 4 acres there would probably be a total of 35 acres. Alde rman Ray stated that he would be in favor of funding the request if the City has the funds available. Alderman Ray moved , seconded by Alderman Howard t o approve a $100 ,000 match as requested. Mayor Swaim explained that the City set aside $50 ,000 for land purchase s regarding Reed 's Bridge Battlefield area , adding that another $50 ,000 would have to be drawn from the Capita l Fund to fully fund the requested match of $100,000. Alderman Smith stated that he felt it to be a worthwhile p roject . At this time, MOTION CARRIED. ANNOUNCEMENT{S): JOINT PLANNING COMMISSION AND CITY COUNCIL MEETING. Mayor Swaim announced t hat the joint meet i ng would be held at the Community Center February 12 th at 11 :30 a .m. Mayor Swaim answered that the Depa r tment Was tewat er Utility , Parks Commission a nd t he been invited to attend and have input. h e ads, Water Department , Chamber of Commerce have ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at approximately 7:11 p .m. MOTION CARRIED. Respectfully , (Susan L. ~ ~ . ..t ... lti'-6 MAYOR TO SWAIM 3 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting February 21 , 2008 7:00p.m. 1. OPENING PRAYER : 2 . ROLL CALL: 3. PRESENTATION OF M INUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: 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: a. Regular City Council Meeting February 7 , 2008 Regular City Council Meeting January 17, 2008 Regular Monthly Report/January (Chief Robert Baker) Regular Monthly Report/January (Chief John Vanderhoof) Regular Monthly Report/January (Public Works Director Jim Oakley) Request to accept b id : Ambulance (Mayor Swaim) PRESENTATION: Master Gardeners Jim Silvey (Mayor Swaim) b. RESOLUTION 611 (#4-2008) Participation in the "Safe Routes to Schoo l" program (Mayor Swaim) c. RESOLUTION 610 (#3-2008) Supporting application for the AEDC General Improvement Grant (Mayor Swaim) d. RESOLUTION 609 (#2-2008) Supporting application for the CAPDD Genera l Improvement Grant (Mayor Swaim) City Council Meeting A G E N D A: -February 21, 2008 GENERAL continued: e. f . DEVIATION IN AGENDA: ADDITION TO AGENDA: 15. APPOINTMENTS : 16. ANNOUNCEMENTS : -ADJOURNMENT ORDINANCE 1334 (#1-2008) Authorizing appropriate documents on behalf of Wastewater Utility to obtain extension of interim financing for an extensive collection system rehabilitation (Mayor Swaim) DISCUSSION: Expansion of Two Pines Landfill by Joey Price (Alderman Ray, Howard, Stroud) FINAL PLAT: Dupree Estates 0 .J c 01. ',7 ('.r"(\0 1 ° 1..' :) '.. • .. •.) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21 , 2008 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 Regular Session on February 21 , 2008 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: Smith, Sansing , Ray, Rinker, Fletcher, Stroud , Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum . PRESENT EIGHT (8), ABSENT (2). Aldermen Elliott and McCle ary were absent. Others present for the meeting were : City Attorney Robert Bamburg, Director of Administration Jay Whisker , Public Wo r ks Director Jim Oakl ey, Assistant Finance Director Cheryl Erkel, Human Resource Director Jill Fourqurean, CDBG Director Theresa Watson, Fire Chie f John Vanderhoof, Police Chief Robert Baker , Alfonso Nations, Larry Smith, Mike Lehman, interested citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of February 7, 2008 for approval and/or correction at the n ext regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved , seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of 17 January 2008 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alde rman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2008. Report reflects the Total Value o f Reported Stolen Property $88,606 . Total Value of Recovered Stolen Property $48 ,1 89 and Total Report Sales $1,107. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud mov ed , seconded by Alderman Ray to approve the Regular Mon t hly Report for J anuary 2008 from the Jacksonville Fire Department, wh i ch reflects a fire loss of $122,000 and a savings tota l o f $362,200 . REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved , seconded by Alderman Ray to approve the Regu l ar Mo nt h ly Animal Control Report for January 2008 . Said report re fle cts : ADOPTION /FINES : $2 ,690 .00 CONTRIBU T IONS : $ 500 . 00 TOTAL : $3,190.00 ROLL CALL: Aldermen: Smith , Twitty , and Howard v o ted AYE. Sansing , Ray , Rinker , MOTION CARRIED . 1 Fletcher , Stroud , WATER DEPARTMENT: WASTEWATER DEPARTMENT : 00 0 019 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7 :00 P .M. - 7 :56 P.M . FIRE DEPARTMENT : Request to accept bid for Ambulance Mayor Swaim noted that of the two bids received, one did not meet specifications . He pointed out that justification for the higher bid has been provided to City Council. Chief Vanderhoof noted a correction amount regarding the bid re ceived from Wheeled Coach , saying that the final bid price should read $110 ,399 instead of $101 ,399. He stated that the recommended bidder meeting necessary specifications is Fleet Resources at $121 ,828.82 , noting the difference of $11, 4 39. 00 . He related that bid in vi tat ions we r e sent to six different bidders and two were returned. He introduced Fire Department EMS Coordinator Rodney Ashley for questions. Firefighter operations, explaining experienced than those addition of Rodney Ashley briefed the City Council regarding EMS saying that ambulance runs finished on average this year , t hat the Department has two older ambulances , which maintenance issues earlier in the year . He added that other issues operations are going well, pointing out that the new software is providing better documentation and billing . Alderman Sm i th move d, seconded by Alderman Stroud to r e j e ct the l ow bid fro m Wheeled Coach at $110 ,399 for f a ilure to meet spec ifications and accept the higher bid from Fleet Resources at $121 ,828.82. In response to a question posed by Alderman Fletcher , Firefighter Ashley stated that all i terns are standard with the exception of an air hose added to this ambulance . He then related that the o lder ambulance would be kept as a backup, adding that delivery time for the new ambu lance is 90 to 100 days . Mayor Swaim noted that funds would be drawn from budgeted items for the F ire Department Emergency Di v ision . At this time MOTION CARRIED. POLICE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a . PRESENTATION by Maste r Gardeners Mayor Swaim recognized beautification areas around City Hall credi ting the Master Gardeners who volunteer their time to mainta i n the grounds . He noted members who have been with the program for many years, and conferred apprecia t ion on b ehalf of the City . 2 OJ0020 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P .M. -7:56 P .M. The Master Gardeners assembled in front of the dais to present a plaque and scrapbook to Mayor Swaim , the City Council, and the City of Jacksonville. Ms . Dottie Riggenbach related that the City Hall project was entered for the State Master Gardener project of the Year in 2007 and was awarded 2nd place. She stated that the master gardeners feel that the p l aque should be presented to the City of Jacksonville because of i t s ongoing support of the project since inception in 1993 . She offered special "thanks" to Public Works Director Jim Oakley. Mayor Swaim recognized the Master Gardener's hard work and volunteerism for the City. b . RESOLUTION 611 (#4-2008) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SAFE ROUTES TO SCHOOL PROGRAM FUNDS ; AND, FOR OTHER PURPOSES. Public Works Director Jim Oakley related that the Safe Routes to School is funded by the Federal Government through the Arkansas Highway a nd Transportation Department. He stated that t he City of Jacksonville , Jacksonville Middle School , and Central Arkansas Planned Development requested a grant for the Jacksonv ille Middle School , adding that they were awarded $130 ,000 for the const r uction of sidewalks , curb, gutter and drainage along Hospita l, School , and Sharp Streets . He stated that the grant is once again being offered and the City will apply again for improvements in additional areas . He noted that one additional area is going from Harri s Road near Tolleson Elementary School and going down to Crooked Creek to tie it into the existing sidewalk system . Mayor Swaim noted that the expenditure of these grant funds is restricted to sidewalks in conjunction with traffic to a school. Public Works Di rector Jim Oakley noted that the grant is 1 00% funded requiring no City match . Alderman Ray moved , seconded by Alderman Stroud to read Resolution 611 (#4-2008). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 611. Alderman Stroud moved, seconded by Alderman Fletcher to approve Resolution 611 in its entirety. MOTION CARRIED. c. RESOLUTION 610 (#3-2008) A RESOLUTION AUTHORIZING APPLICATION FOR FUNDING TO PROVIDE AN UPGRADE TO THE VALENTINE-WOOTEN ROAD SANITARY SEWER PUMP STATION; AND , FOR OTHER PURPOSES . Mayor Swaim explained that Resolution 6 1 0 and 609 while similar represent two separate grant s for the same award amount. 3 CITY OF JACKSONVILLE c .. Jco21 REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P .M. -7 :56 P.M . Alderman Smith moved , seconded by Alderman Ray to read Resolution 610 (#3-2008). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 610 . Mayor Swaim asked the City Council to note a match of $23 ,935.00 regarding the award amount of $73 ,065 .00. He stated that the Wastewater Utility agrees to fund the match as prescribed. He related that t h e project is part of the Val ent ine-Wooten Road pump station project that i s performed by the Pulaski County Faci l ities Board, addi n g that the grant will help facilitate the proje ct . Alderman Ray moved, 610 in its entirety . seconded by Alderman Sansing to approve Resolution MOTION CARRIED . d . RESOLUTION 609 (#2-2008) A RESOLUTION AUTHORIZING APPLICATION FOR FUNDING TO PROVIDE AN UPGRADE TO THE VALENTINE-WOOTEN ROAD SANITARY SEWER PUMP STATION; AND, FOR OTHER PURPOSES. Mayor Swaim stated that this Resolution addresses the same project , explaining that Wastewater is a pplying with the (ADEC) Arkansas Development Economic Comm iss ion f or a general improvement grant and again with the (CAPD D) Central Arkansas P l anning and Deve l opment District . Alderman Stroud moved, seconded by Alderman Howard to read Resolution 609 (#2-2008) MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 610 . Alderman Ray moved, 610 in its entirety. seconded by Alderman Sansing to approve Resolution MOTION CARRIED. e. ORDINANCE 1334 (#1-2008) AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE , ARKANSAS, TO EXECUTE ALL APPROPRIATE DOCUMENTS REQUIRED ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY ' S EFFORTS TO OBTAIN AN EXTENSION OF INTERIM FINANCING FOR EXTENSIVE COLLECTION SYSTEM REHABILITATION ; AND, FOR OTHER PURPOSES . Mayor Swaim explained that Ordinance 1334 provides for the Wastewater Department to renew a previous loan . Al derman Ray moved , seconded by Alderman Sansi ng that Ordinance 1 334 be placed on FIRST READING . ROLL CALL : Alderman Srni th , Sansing , Ray , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334 . 4 00C022 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21 , 2008 7:00 P .M. -7:56 P .M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1334 be APPROVED on FIRST READING. ROLL CALL: Alderman Smith , Sansing, Ray , Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1332 on SECOND READING . ROLL CALL: Alderman Smith , Sansing, Ray, Rinker , Fletcher , Stroud, Tw itty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334. Alderman Ray moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1334 on THIRD and FINAL READING . ROLL CALL: Alderman Smith , Sansing, Ray, Rinker, Fletcher, Stroud, Tw itty , and Howard voted AYE . NA Y ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1334 be APPROVED AND ADOPTED. ROLL CALL: Alderma n Smith, Sansing, Ray, Rinker, Fletcher , Stroud , Tw i tty , and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1334 THIS 21st DAY OF FEBRUARY 2008. f. Discussion regardi ng expansion of Two Pines Landfill Mr . Joey Pr i ce presented the City Council with informationa l packets , say i ng that his presentation is in opposition of the Two Pines Landfill expansion location . He read a letter present ed to ADEQ prior to t he February 19th final draft deadline , outlining Jacksonville and North Little Rock citizen concerns regard i ng the proposed location of the expansion -He stated that the permit application proposes to increase the area of the Landfill 239 .5 acres, which would extend to the north side of I-440 and Hwy . 167. He related tha t it would extend to within a half mile of the Bayou Meto tributary, also being withi n the wet l and and the 10 0-year floodp l ain . He stated that the draft pe rmit sugges t that there is over 100 people of a two mile area that is in the affected area , adding that h e believes t h at number would easy be 500 people . He noted that the travel distance from the Jacksonville Community Center t o t he expansion area is 1. 5 miles . He r e lated that a two -mile radius would include much of Jacksonville as well as India n Head Lake Es tates , Rixie , McAlmont, and other eastern parts of the City . He stated tha t Bayou Meto and the 100 -year floodplain would f l ood into the Landfill , sayi n g that the water will then backup into Dupree Park and other areas in the floodplain. He noted that a map of the e x pansion area was included in the packet, saying that of the proposed 240 acres the Landfill will activate 50 acres at a time . He stated that the Landf i ll would ext end much closer to the freeway, explaining that currently there is a wooded buffer area to address visibil i ty. He then added that the proposed e xpansion area would have greater visibility with the flat land having 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21 , 2008 7:00 P.M. - 7 :56 P.M . much less trees . He stated that as a 24-year project there would be 34 million cubic tons of waste in the Landfill. He noted that past President Lyndon B . Johnson had enacted the Federal Highway Beautification Act of 1965, which is also included in the packet . He stated t hat subchapter 4 addresses the control of junkyards, which includes landfills. He stated that the draft permit did not address t he beautification of interstate highways, adding that whatever route the North Belt Freeway takes travel i ng east int o Jacksonville the Land fill expansion will be highly visible . He reviewed tra ff ic counts f rom 2006 noting the increase in traffic annually and the fe deral definition of a "j unkyard", saying that the term shall also include garbage dumps and sanitary fills. "Any person contemplating or planning the establishment of a junkyard is charged wi th notice of the provisions of th is subchapter with respect to screening , relocation, removal, or disposal of such junkyards." He continued reading, "the General Assembly finds and declares that junkyards and automobile graveyards which do no t conform to the requirements of this subchapter are public nuisances ." He then noted under the screening requirement that junkyards are to h a ve a one thousand foot setback (1, 000') from the nearest edge of the r ight -of-way of a ny interstate or state highway unless they are screened by natura l o bje cts , plantings, fences, or other appropriate means so as not to be visibl e from any main traveled way or highway , or shall be removed from sight". He stated that it was discussed in the minutes of the Arkansas Stat e Highway Department that the zoning affects the setback and the Highway Beautification Act of 1965. He stated that he wanted an opportunity to let City Council know that he and many other citizens oppose the loc ation of the expansion and have delivered a letter of opposition to the ADEQ on February 18th prior to the cutoff for the draft permit . He explained that this would allow them to appeal the decision. Discussion ensued regarding the comment period and the visibility factor for Jacksonville . In response to a question posed by Alderman Stroud, Mr . David Conrade , a representative of Waste Man agement , answered that the Landfill Methane gas plant at the Two Pines Landfill generates enough power for 4 , 000 homes for the North Little Rock power utility, adding that the plant went on line app r oximately 15 months ago. Alde rm an Ray questioned where the waste would go if the e xp ansion were disqualified, noting that there has to be a place, and if the expansion is the only option , i t has to be permitted . Alderman Sansing stated that any unsightliness of the expansion wo u ld be contrary regarding efforts to beautify Jacksonville . Mr . Conrade then answered that they would research any ramifications regarding the Federal Highway Beautification Act . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21 , 2008 7:00 P.M. - 7 :56 P.M . Mr. Conrade ·then offered that the situation is unique in that it is already permitted on both sides of I-440 . He continued that when the Highway Department built I-440 part of the Landfill property was condemned, which split the property into separate sections . He explained that there is already a permit, adding that it is being extended further north parallel to Hwy. 67. In response to a question from Alderman Fletcher, Mr . Conrade stated that currently Jacksonville , North Little Rock, Sherwood , Little Rock and in the past Searcy have utilized the Landfill . Alderman Fletcher iss ued concerns for how fast the Landfill is being filled and requiring further expansion. It was clarified that only commercial trash is hauled from Little Rock, noting that Little Ro c k has its own landfill . Alderman Fletcher requested clarification regarding flooding s ituations for Dupree Park . Mr. Conrade stated that the design took into accoun t floodway issues, explaining that they worked with FEMA regarding a (CLOMR) conditional letter of map r evision . He stated that a channel has been designed to accommodate all floodwaters in the floodway . He then answered t hat the design has taken into account the d i splaced water , which is channeled into the Bayou Meto. He then answered that there i s a rel i eve channel design to offset the expansion . He stated t hat the CLOMR process e liminates any potential impact on flooding. Mayor Swaim suggested that represen t atives of Waste Management return with f urther information to support des i gn s tandards and answer q u est ions for the Council. Alderman San sing re iterated beautification concerns for t he City of Jacksonville and the proposed expansi on l ocat ion . It was the cons ens us for Waste Management to return and offer a presentatio n to the City Council . DEVIATION IN AGENDA: Mayor Swaim noted that the i tern was recently approved by the Planni ng Commission with stipulations, further noting tha t Acting City Engineer Whisker has resolved those s tipulations with the developer . Alderman Sansing moved , seconded by Alderman Ray to suspend the rules and place the Final Plat of Dupree Estates on the agenda. MOTION CARR I ED. Acting City Engineer Whisker explained that 1 .5 acres was separated from a 10 -acre piece tract to build one house on Cloverdale Road . He r elated that the developer has agreed to bond for the sidewalk imp rovements . 7 Alderman Howard moved, Plat of Dupree Estates . CITY OF JACKSONVILLE 0 0 00 2 5 REGULAR CITY COUNCIL MEETING FEBRUARY 2 1 , 2008 7 :00 P.M . -7:56 P .M. seconded by Alderman Stroud to approv e the Final MOTION CARRIED. ANNOUNCEMENT (S): Mayor Swaim announced t hat the annual Senior Citizens Fundraiser would be held February 28th at 7 : 00 p.m. and also the Miss Jacksonville Pageant would be Saturday , February 23rct . Alderman Fletcher conveyed Code Enforcement concerns saying that it had been suggested to him tha t the City hire older retirees in the community on a part-time basis to help with enforcement. He stated that he felt th i s would not be an overwhelming expense to the City and that it would yield great improvements within six months to a year . Mayor Swaim acknowledged that all efforts are of value, adding that anyone hired would need to attend forma l training. He then offered that legal ramifications would need to be taken into consideration prior to any formal action. He reminded the City Council of the time and process involve d with enforcing Code ordinances. He then related that the budget could be reviewed in consideration of hiring, explaining that the determining facto r would be the current national slowing of the housing industry . He noted that it is possible current staff will have more available time . Discuss i on ensued that Jacksonville 's housing numbers are remaining steady . Alderman Fletcher stated that he felt this could be a benefit to the City and Alderman Stroud concurred , saying that other cities have simi lar programs with individuals not acting so much as Code Enforcement Officers but more in the discovery phase. Alderman Smith s tated his support of the program. Alderman Howard related that he would like to see more efforts regarding landf ill items that remain on the street for as long as a month before pickup time . Mayor Swaim noted that additional pickups would increase the sanitation bill , saying that Public Works Director Jim Oakley manages the Department austerely. He stated that while it is important to identify areas that need help, it is also noteworthy that t h ere are many areas in Jacksonville that h ave seen many improvements and continues . He stated that words should be measured careful ly when speaking of areas that need improvement , noting that there are areas of Jacksonville that are as good or better than many other cities . He stated that all citie s have areas that n eed to be worked on a regular basis to keep clean . Alderman Fletcher stated that the indivi dual he spoke with had stated that h e already complained to the City and nothing had been accomplished . 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21 , 2008 7 :00 P .M. -7:56 P.M. He continued saying that this was one of the top listed i terns in the recent planning meeting and it has become an i ss ue for the citizens . He stated that part of this , he feels, is the issue with aged housing , adding that there are going to be hard decisions that have to be made. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7:56p.m. MOTION CARRIED . ~~~~ Susan\L. Dav1 ( City Clerk-T;easurer MAYOR TOMMY SWAIM 9 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 March 6 , 2008 7:00p.m. Regular City Council Meeting February 21, 2008 Regular City Council Meeting February 7, 2008 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. PRESENTATION: Coaches of the Year (Mayor Swaim) RESOLUTION 612 (#5-2008) Supporting Joint Education Facility (Mayor Swaim) PRESENTATION: Waste Management (Mayor Swaim) JACKSONVILLE HOUSING AUTHORITY Reappointment of Jon Johnson for a term to expire 03/17/2013 HOSPITAL BOARD Reappointment of Mike Wilson for a term to expire 06/31/2012 0 0002 7 OJ0028 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 6 , 2008 7 :00 P.M. -8:08 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 8 , 2008 at the regular meeting place of the Council . Alderman Smith delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to the flag . ROLL CALL: Aldermen: Elliott , Smith, McCleary , Sans i ng , Ray , Stroud , and Twitty answered roll call. Mayor Swaim also answered ROLL CALL declaring a quo r um . PRESENT SEVEN ( 7) , ABS EN T ( 3) . Aldermen Rinker , Fletcher and Howard were absent. Others present for the meeting were : City Attorney Ro bert Bamburg, Director of Administration Jay Whisker , Public Works Director Jim Oakley , Human Resource Director Jill Fourqurean, Parks and Recreation Director George Biggs , CDBG Director Theresa Watson , Fire Chief J ohn Vanderhoof, Pol i ce Captain Char l es Jen kins , Mr. Joey Price, Alfonso Nations , Larry Smith , Mrs . Sandra Sansing, interested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the mi nut e s of the regular Ci ty Council meeting of February 21 , 2008 for approval and/or correct ion at the next regular l y 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 7 February 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT: POLICE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PRESENTATION: Coaches of the Year Awards Parks and Recreation Director George Biggs and Parks Commiss i oner J oey Price presented Coach of the Year awards to Baseball Coach Robert Wa t ts , Softball Coach Quincy Percy, and Soccer Coaches Tina Harris a n d Mark Hettinger . PLANNING COMMISSION: GENERAL: a. RESOLUTION 612 (#5-2008) A RESOLUTION AUTHORI ZING AN OFFER OF GIFT FOR THE J OINT EDUCATION CENTER TO BE CONSTRUCTED AT THE LITTLE ROCK AIR FORCE BASE ; AND , FOR OTHER PURPOSES. CITY OF JACKSONVILLE 0'00 0 29 REGULAR CITY COUNCIL MEETING MARCH 6, 2008 7:00 P .M. - 8 :08 P .M. Mayor Swaim related that along with the 5 million raised f rom taxes regarding the City's part, the 9.8 million regarding the Federal Government has been secured. He stated that the Reso l u tion would authorize disbursal of funds . Alderman Elliott moved , seconded by Alderman Smith to read Resolution 612 (#5-2008) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 612. Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 612 in its entirety . MOTION CARRIED. Mayor Swaim relat ed that the projected construction start date i s January 2009 . b . PRESENTATION by Waste Management Mr . George Wheatley, Director of Governmental Affairs for Waste Management of Arkansas, introduced David Conrade engineer at four of the Waste Management landfills in Arkansas; Wayne Magnum Site Manager, Li nda Davis and Terra Dodge customer service . He provided the City Council with a fact sheet and demonstrated aerial photographs regarding the Two Pine Landfill , noting that the pho t ographs were taken December 23 , 2007 . He pointed out that the original footprint of the Landfill has been split by t h e construction of Hwy. 440 , explaining that the permitted property is located on both sides of the Highway. It was noted that 39 .1 acres on the northeast side of Hwy . 440 is already permitted and would also be conside red as part of the 144.5 acre expansion , fo r a total permitted area after expansion of 239.5 acres. He stated that the existing Landfill capacity is approximately 12 ,900,000 cubic yards and the e xpansion area capacity would be approximately 21 ,500,000 cubic yards, adding that the Hwy . 440 pro ject caused a loss o f approximately 50% of the original Landf i ll area. Mr . David Conrade informed the City Council that the existing permitted Landfill area would reach capacity by September 2008. He added that the 14 4 .5 acre expansion, at the rate of approximately 2 , 000 tons daily , would las t unt il 2050 . He not ed that the Landfill has fifteen full-time employees; nine from J acks onville , Cabot, North Little Rock, and Sherwood , four from Little Rock and Maumelle, and two from Benton and Bauxite . He then noted that there would be approximately 20 to 40 construction workers during Landfill construction activities lasting up to si x month s each year . He addressed concerns regarding the proximity to the Bayou Meto , pointing out that the Landfill wil l develop in "cells" and the first ce l l consisting of 10 .9 acres i s approximately 4 ,900 feet from the Bayou Meto . He stated that the last cell, Cell 16 , to be developed would be approximately 1 ,700 feet f r om the Bayou Meto or approximately 100 acres from the l ast cell to the Bayou Meto . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 6 , 2008 7 :00 P.M. - 8 :08 P .M. He addressed another concern mentioned at the previous meet ing regarding the proximity and visibility of the Landfill from the Highw ay, saying that a visual screening berm is being proposed which wou l d be planted wi th grass . He stated that landscaping requirements are part of the draft permit issued by ADEQ in January, explaining that ADEQ is sensitive to the propinquit y o f the Landfi ll and Highway , requiring Waste Management to implement a landscaping plan fo r both sides o f the Highway. He presented a rendering of the landscaping plan proposed by Carter Burgess Architectural Firm, explaining that the plan calls for wi ldflowers , prairie grasses, and shallow root system shrubbery maki ng it a more attractive area. In response t o a question posed by a member of the audience , Mr . George Wheatley referred t o a letter issued by the Audubon Society of Arkansas regarding the plans for habitat restoration inc luding wetlands for Two Pine Landfi l l. He explained tha t the r etention basins would hold enough water to support wildli fe, geese , a nd a floating island designed not to displace any capaci ty of the basin . Mr . Conrade then added that on the east side of the railroad tracks there i s a dirt bo r row area used for construction and daily cover activities , whi ch is to become a lake as the borrow area progresses , resu lting in a 130 acre lake. He then answered that there are no fore seeable plans to develop the bor r ow area into landfill. He re lated that the Landfill applied with FEMA to redirect floodwaters from the site into a relief channel that will hold 30 million gallons of wate r . He pointed out tha t th i s was an extensive design and modeling proce ss through FEMA to document that the flood relief channel is the appropriate size to contain any fl oodwaters in the floodway . It was noted that the channel is approximately six to eight feet deep. He related that add i tional to mitigate floodwaters, Waste Management is developing a 43 acre wetland area with the capacity to hold 5 0 mi l li on gallons of water. He sta ted that 30 million was requi r ed by FEMA but the site will offer an opportunity for an additional 50 mi llion not required . Mr . Whe atley offered that the channel area is also being handled with the Audubon Society regarding aesthetics . Mr. Conrade r elate d that when Cell 9 d evelops i n 1 0 to 12 years i t would be a distance of 1 , 634 ' from the nearest home, pointing out that State regulations require landfills to come no closer than 300 ' , making this more than five times the r equired d i stance . It was noted that a planned development in the area would still be more than 500 ' from the Landfill . He then noted that Cell 16 , which wou l d probably not be built for another 25 years, is approximately 5 , 130 ' from Dupree Par k. He exp la ined that the Landfill is not the required distance from Hwy . 440 because the land was procured by the Highway Department but the Landfill would meet t he 1000 ' requirement from Highway 67/167 as part of the design plan. 3 C ~·nonr / : . cl · .. ·-v "...L CITY OF JACKSONVILLE REGULAR CITY COUNC I L MEETING MARCH 6, 2008 7 :0 0 P .M. -8 :08 P.M . In response to a question posed by Al derman Smith, Mr . Wheatley stated that the comment per i od was from January 19th through February 19th, adding that the Environmental Department could issue a decision anytime after that close. Mr. Conrade explained the environmental system for the proposed 16 cells in the expansion area. He stated that the best way to descr i be the cells wou l d be to equate them to a bathtub shaped excavation, adding that inside the excavation each cell would have 16.5 feet of liner system. He related that the liner system consists of 5' of clay followed by HOPE line . He distributed samples of the HOPE liner system for the City Council to examine. He stated that on top of the HOPE there would be an 18n dra i nage layer that drains rainwater to the lower end of the "bathtubn , which is then pumped out and sent to the Jacksonville Wastewater Treatment Plant . He then explained following that layer there is another filter layer before garbage is placed i n the system. He noted that the garbage is covered dai l y with six inches of soi l as a requirement. Fo llowed by several layers of the same system capped with a geomembrane and compacted clay with another liner on top to prevent rainwater from penetrating back into the system . He stated that topsoil seeded with grasses is the final step in the p r ocess . He explained that this process keeps water from mak i ng contact with any garbage, noting tha t once water makes contact it is referred to as Leachate and must be sent to wastewater treatment . di l ution for the treatment . He stated that Leachate water is a nice Mr. Conrade then pointed out ground monitoring wells on site, saying that water is sampled twice annual l y forever . He clarified that all rainwater , which does not come into contact with garbage, is d i rected to one of four stormwater basins . He explained that before the stormwater is discharged it is sampled and sent to a l ab for analysis, saying that once the analysis finds that the water meets permit requirements it is able to be discharged into streams . He stated that every gallon of water that leaves the site is sampled. He then explained function of the twenty landfill gas monitoring probes , saying that when trash decomposes it gives off gas. He stated that approximately 50% of the gas i s methane . He stated that methane is explosive so it is imperative that it does not migrate off site, adding that they are required to place probes into the ground to ensure that no gas is migrating off site through the so i ls. He no ted that there are 79 extraction wells currently on site to remove gas from the ground, adding that 158 new wells are projected for the expansion area. He stated that Two Pine Landfill is the only landfill in the State of Arkansas that generates electricity from landfill gas . He stated that it is used as an energy source, noting that current l y enough power is generated from the Two Pine Landfil l to power 4 , 500 homes . He stated that there are six Caterpillar engines that gene ra te 4 .8 megawatts of power. He stated that there are 282 environmental monitoring points currently in the Two 4 CITY OF JACK SONVILLE REGULAR CITY COUNCIL MEE TING MARCH 6 , 2008 7 :00 P .M. -8:08 P .M. Pine Landfill. He stated that another gas plant is proposed for the expansion area , noting that in 15 to 20 years they could be generating 8 to 10 megawatts of power. He related that he feels the energy is directed to North Little Rock because they have their own power grid. Mayor Swaim clarified that Two Pine Landfill did request permission for the construction of the gas plant , pointing out that North Lit tle Rock was a ready buyer. Mr. Wheatley informed the City Council that they have 300 landfi ll s across the United States and Canada of which 125 have gas energy facilities . He stated that the goal is to have every landfill using methane gas as a renewable energy. In response to a question posed by Mr . Joey Price , Mr . Conrade related that as far as a landfill being an advantage to a community, i t could be considered a wonderful infras truc ture advantage when you consider that communities needing wastewater and water treatment plants, roads or highways , also need places for the trash to go. He stated that he believes a landfill is an integral part of a community 's infrastructure. He no ted that it is rare to have a twice weekly garbage pickup, saying that he believes one of the reasons Jacksonville is able to offer that is because of the economic factor of being in close proximity to the landfill . Public Works Director Jim Oakley concurred that it is an economic advantage to have the landfill l ocated so closely to the City . Mayor Swaim noted that if this landfill were not here then it would be a 25 -mile one-way trip to the landfill on Dixon Road , off the Pin e Bluff highway and southeast another 8 to 10 miles. He stated that it would increase operational cost s significant ly. Mr. Wheatley stated that the Two Pine Landfill generates $1. 00 per ton for every ton that comes through the gates which averages approximately 2 , 000 tons daily . He stated that it is generated for a recycling fund that goes to the State and in turn, the State disburses those funds to the cities a nd counties located within the solid waste di strict. He briefly discussed benefits of the post closure fund noting its environmental protection benefits . He noted that the wetland development would consist of habitat as well as nature trails and educational opportunities . He stated that Two Pine Landf i ll is a state of the art facility, adding that other landfills have been utilized upon completion as golf courses. He stated that it is a corporate idea to have the Wildlife Habitat Certification for the Two Pine Landfill. He stated that this is the first partnership between Waste Management and the Audubon Society being implemented as a p i lot program , and will be cons i dered nationwide. 5 COOD33 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 6 , 2008 7:00 P.M. -8:08 P .M. He reviewe d the list o f permits as ADEQ Solid Waste Permit , ADEQ Surface Water Permit, ADEQ Air Permit, and US Army Corp of Engineers. He stated that the facility is a Class 1, Subtitle D landfill, which is a stricter regulation for landfills. He invited and encouraged visitors to the landfill . Alderman Sansing stated that with the current height of the landfi ll it would be the dominating feature on the hori z on as seen from Jacksonville. He stated that he is concerned about the detrimental affect it could have on Jacksonville in the next two, five, or ten years . He stated t h at the unsightliness of the trash before it is covered is gett i ng closer and closer to Jacksonville. He then issued con cern s that the proposed lake might in the future be considered for landfi l l. He stated that other than the f act that it makes the City 's trash dollar go further right now; he does not see a n y benefit to the City of Jacksonville . Mr . Wheatley stated that currently the only space left in the exist i ng landfill is at the top, which i s why it is more visible. He added that the request for an expansion i s only permissible when there is less t h an 5 years of life left in the current space. He noted that if not for the construction of Hwy. 440, the current landfill would not even be close to being full . He added that when trash deposit begins in the expansion it would be less visible than current operations and eas ier to maintain . Alderman Ray spoke in support of the creation of a lake with a berm in the middle of the lake to aid in preservation of wildl i fe . He stated that while no one likes the idea of a landfill n ear their city, Waste Management has a comprehensive plan to address aesthetics. He stated that the future subdivision development would appreciate having a lake on the other side of the landfill , adding that it could probab l y be used for fishing. In response to a question posed by Mayor Swaim, Mr . Wheatley exp lained that Waste Management owns 137 acres on the east side of t he railroad tracks that will be used as a borrow area, saying that the lake wi ll advance over time . Mr . Price questioned if Waste Management had resea r ched options of opening a landfill in a more rece ptive area tha t is less densely populated and pointing out that he l earned that in cities where there are landfills , Waste Manage ment ha s remunerated to the city on a per ton basis so that it creates a positive economic impact regarding the damage to infrastructure such as streets and roads . Mr. Conrade related that for many years the City of Jackso nvil le receive d a host fee for every cubic yard handled by Two Pine Landfill, explaining that in 1998 that changed to a scholarship pledge for local students funded by Waste Management. He stated since the scho l arship inception, Waste Management has given $380, 000. 00 in funds . He explained that the 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 6 , 2008 7:00 P .M. -8 :08 P .M. scholarships are $1,000 .00 each and Waste Management is not involved in the selection of students that are awarded the scholarships . He then stated that in addition , Waste Management has also pledged $5,000.00 annually to the Jacksonville Chamber of Commerce, which started eight years ago . Mr. Price suggested that other entities outside Jacksonville that use t he landfill could pay an extra amount to benefit Jacksonville . Mr . Conrade explained that every out of County ton that comes into Two Pine Landfill is charged an extra $1.00 that goes to the Pulaski County Solid Waste District of which Mayor Swaim serves on the Board . He related that the Board disburses those funds back to the various entities. He addressed Mr. Price 's concerns regarding research for a different location not on a h i ghway, reiterating that i f not for the construction of Hwy . 440 , Waste Management would still have 50 % of its original permit available for use and would not be seeking an expansion permit. He explained that during the same period as when Waste Management lost property for the construction of 4 40 it acquired the property being proposed for the expansion . In response to a question regarding the affect to proposed plans for a commercial development on the other side of the Highway, Mayor Swaim stated that the main reason that development has not moved forward is because it requires an access interchange costing over 10 million dollars. He stated that efforts were made with the Highway Department to assist in that endeavor, but the Highway Department did not f eel it was their responsibility to build access to a private development . He noted that the same family that sold property to Waste Management are the developers of the property across the freeway . Mr. Conrade invited answered that they proposed permit . visitors have not to the facility for heard yet regarding APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY a tour . the s tatus He of then the Alderman Smith mo v ed , seconded by Alderman Stroud to approve the reappointment of Jon Johnson for a term to e xpire 03/17/2013. MOTION CARRIED. HOSPITAL BOARD Alderman Smith move d , seconded reappointment of Mike Wilson for CARRIED . ANNOUNCEMENT ( S) : by Alderman Stroud t o approve the a term t o expire 06 /31/2012 . MOTION ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approx imately 8 :08 p .m. MOTION CARRIED. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 6 , 2008 7:00 P .M. -8:08 P .M. Following the close of the meeting applications were made available regarding the fo rmat ion of a new chapte r of the NAACP . Respectfully, 8 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting March 20, 2008 7 :00 p.m. 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: Engineering Department Fire Department Police Department Animal Control 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: 14. GENERAL: 15 . APPOINTMENTS: 16 . ANNOUNCEMENTS : ADJOURNMENT Regular City Council Meeting March 6, 2008 Regular City Council Meeting February 21, 2008 Regular Monthly Report/February (Mayor Swaim) Regular Monthly Report/February (Chief John Vanderhoof) Regular Monthly Report/February (Chief Robert Baker) Regular Monthly Report/February (Public Works Director Jim Oakley) Request to Accept Bid: Turnouts (Mayor Swaim) ORDINANCE (1335 (#2-2008) Reclassifying property off Hamilton Street from R-7 to R-3 (Mayor Swaim) CDBG 2007 CAPER Report (Mayor Swaim) Advertising & Promotions Commission Reappointment of Andy Patel for a term to expire 3/31/2012 CITY OF JAC KSONVILLE C'.JC0 37 REGULAR CITY COUNC I L MEETING MARCH 20, 2008 7 :00 P .M. -7 :14 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the Ci t y of Jacksonville , Arkansas met in Regu l ar Session on March 20, 2008 at the regular meeting place of the Council. Alderman Smith delivered the i nvocation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to the flag. ROLL CALL : Aldermen: Elliott, Smith, Sansing , Ray , Rinker , Fletcher, Stroud , Twitty , and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum . PRESENT NINE (9), ABSENT (1). Aldermen McCleary was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Fourqurean, Fire Battalion Chief Joe Bratton, CDBG Director Theresa Watson, Police Capt ain Charles Jenkins , Alfonso Nations , Larry Smith, Mrs. Sandra Sansing, Mrs. Edith Smith , Mrs . Helen Stroud , Mr . Jay O'Neal , interes t ed citizens and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of March 6, 2008 for approval and/or correct ion at the ne x t 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 21 February 2008 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Report for February 2008. Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY 24 16 Grass Letters 0 Property Mowed 0 Trash Letters 146 Trash Removal 10 Property Maint . Letters 11 Cost for December $693.9 1 INSPECTIONS PREFORMED Bui lding Inspections HVACR E lectrical Plumbing VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Struct ural Repairs Made Demolitions 1 66 40 74 42 19 0 0 0 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 20, 2008 7:00 P.M . -7:14 P .M. Alderman El liott moved, se conded by Al derman Ray to approve the Regular Monthly Re p ort for February 2008 from the Jacksonville Fire Department, which reflects a fire loss of $11 ,001 and a savings tot al of $35,000 . REGULAR MONTHLY REPORT /POLICE DEPARTMENT Alderman El liott moved, seconded by Alderman Ray to approve the Regular Mo nthly Report for February 2008. Report reflect s the Total Value of Reported Stolen Property $82 ,938 . Total Value of Recovered Stolen Property $20 ,828 and Total Report Sales $1 ,177 . REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved , seconded by Alderman Ray to approve the Regula r Mont h ly Animal Control Report for February 2008 . Said report ref lects : ADOPTION/FINES: CONTRIBUTIONS : TOTAL: $2 ,94 5 .00 $ 0.00 $2,945.00 ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : Request to Accept Bid for Fire Department Turnouts Mayor Swaim sta ted that the bid is for a single set of turnouts , noting tha t i t would be hard to determin e a fixed number of uniforms that might have to be purchased du ring the year. He related that this is the same company that the City has purchased turnouts from in the past . Alderman Smith moved, seconded by Alderman Ray to accept the bid from CASCO Industries in the amount of $2,010 .00 per turnout set with funds to be drawn from Fire Department equipment funds. MOTION CARRIED . POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1335 (#2-2008) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY OFF OF HAMILTON STREET) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES. Alderman F l etche r moved , seconded by Alderman Stroud that Ord i nance 1335 be pl aced on FIRST READING. ROLL CALL: Aldermen Ell io tt, Smi t h , Sansing, 2 l"\;n0 f")9 ,_, ·~l ~-· ....) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 20, 2008 7:00 P .M. - 7 :14 P.M. Ray, Rinker , Fletcher , Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. Whereupon City Attorney Bamburg re ad the Ordinance 1335. NAY (0). heading of Alderman Ray moved , seconded by Alderman Stroud that Ordinance 1 335 be APPROVED on FIRST READING . ROLL CALL: Aldermen Elliott, Smith , Sansing , Ray , Rinker , Fletcher , Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Alde r man Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1335 on SECOND READING. ROLL CALL: Alderman Elliott , Smith , Sans i ng , Ray , Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1335. Alderman Ray moved , seconded by Alderman Howard to fur t her suspend the rules and place Ordinance 1335 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott, Smith , Sans i ng , Ray , Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1 335 . Alderman Smith moved , seconded by Al derman Stroud that Ordinance 1335 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing , Ray , Rinker, Fletcher , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1335 THIS 20t h DAY OF MARCH 2008 . GENERAL : CDBG 2007 CAPER Report Alderman Ray commended Mrs . Watson and staff, saying that the report was well writte n, adding that the Department has performed well regarding 2007 expendi tures . Alderman Ray moved, seconded by Alderman Stroud to accept the 2007 CAPER Report . Mayor Swaim stated that it becomes increasingly more difficult each year to run the CDBG Department given Federal funding cuts . At this time, MOTION CARRIED. APPOINTMENT(S): ADVERTISING AND PROMOTIONS COMMISSION Alderman Smith moved, seconded by Alderman Howard to approve the reappointment of Andy Patel for a term to expire 3/31/2012. MOTION CARRIED . 3 OJC'040 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 20 , 2008 7 :00 P.M . - 7 :14 P .M. DEVIATION IN AGENDA: Postpone Regular City Council Meeting Time Mayor Swaim noted that the annual Jacksonville Police Department Awards Banquet is scheduled April 17 th at 6 :00 p.m ., which confl icts with the regularly scheduled City Council meeting at 7:00 p .m. He r elated t h at he had received requests that the City Council meeting time be slightly postponed to allow participation of both . Alderman Howard moved, seconded by Alderman Stroud to suspend the rules and place discussion of postponing the meeting time for the regularly scheduled April 17 th City Council meeting as an item on the agenda. MOTION CARRIED . Alderman Smith moved, seconded by Alderman Sansing to postpone the regularly scheduled City Council meeting time to 7 :30p.m. April 17, 2008 RESUME AGENDA: ANNOUNCEMENT(S): Alderman Stroud expressed concern for inaccurate information reported in the media regarding is sues surrounding the annexation of Gravel Ridge . He stated that Jacksonvi lle 's bid to annex both the residential and commercial area followed Sherwood 's intent to annex only t he c ommercial area. He then clarified that no special called meetings were scheduled by the City Council to vote on the annexation . He voiced concerns regarding detrimental feelings between Jack sonv il le and Sherwood. Alderman Smith concurred that the annexat ion i tern was heard during a regularly scheduled Ci t y Council meeting. Alderman Fletcher echoed concer n for a d imi nished relationship with Sherwood , noting that both cities have enjoyed a supportive re l ationsh i p in the past . He e x plained his efforts to fashion a compromise f or both cities regarding areas of growth, adding that the alderperson h e o riginally contacted n ever returned his cal l . He stated t hat he i s confident that the extra $60 .00 a year to be in Jack so nvi l le does not outwe igh the benefits, such as an ex tra weekly garbage pickup. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7:14p .m. MOTION CARRIED. Respectfully , k -Treasurer 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: 6 . WATER DEPARTMENT: AGENDA Regular City Council Meeting April 3, 2008 7 :00p.m . Regular City Council Meeting March 20, 2008 Regular City Council Meeting March 6, 2008 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 Request to Accept Bid: Back-up power generators (Mayor Swaim) FINAL PLAT: Bowen Subdivision (Mayor Swaim) REPORT: Pulaski County Treasurer Debra Buckner (Mayor Swaim) SEWER COMMISSION : Reappointment of Joan Zumwalt for a term to expire 4/20/2013 City Wide Clean-up Saturday April 5th 9 :00a.m. Chamber of Commerce Two Pine Landfill Informational meeting 6 :00p.m. April 141h@ Community Center Introductions of newly hired Police Chief and City Planner/Engineer n-.r U"4'1 L • .j '. --·-.• CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3 , 2008 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 April 3 , 2008 at the regular meeting place of t h e Council . Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL : Aldermen: Elliott , Smith , McCleary , Sansing , Ray, Rinker , Fletcher , Stroud , Twitty, and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a quorum . PRE SENT TEN (1 0), ABSENT (0). Othe r s present for the meeting were : City Attorney Robert Bamburg , Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley , Human Resource Director Jill Fourqurean, Fire Battali on Chief Kendall Snyder , CDBG Director Theresa Watson , Interim Police Chief Kenny Boyd , Mrs. Judy Swaim , Police Chief Gary Sipes , City Planner Chip McCulley , intere s ted citizens and members of the press. DEVIATION IN AGENDA: Introduction of new personnel Mayor Swaim introduced Mr. Chip McCulley, hired as the new City Planner . City Planner McCulley related that he is originally from Paragould, Arkansas and attended the University of Arkansas. He related that he had worked on the Clinton Presidential Library through its development; afterward moving to Tulsa , Oklahoma and becoming the City Planner for the northern suburb Owasso , Oklahoma . He stated t hat he met his wife in Oklahoma and started his family . He then related that through his wife 's employment they had an opportunity to move back to Arkansas . He stated that he is very excited about working for the City and is looki ng forward to working with everyone . Mayor Swaim introduced Interim Police Chie f Kenny Boyd, appreciation for his service t o the Department during process for the new Police Chief . expressing his the se l ection Mayor Swaim introduced new Police Chief Gary Sipes and his wife . Police Chief Sipes stated that Jacksonvi lle has been a part of his family for 30 plus years . He introduced his wife , saying that they have t hree sons who graduated from Jacksonville. He related that h is first job at 18 was with the North Little Rock Police Department where he stayed until his retirement in 1999, taking over the Code Enforcement Department as Director until he got t h e opportunity to be the Police Chief for Benton. He stated that he is blessed to have been given the opportunity to serve the City of Jacksonville as Police Chief and is looki ng forward to b e ginning his tenure. RESUME AGENDA 1 n-l r-o -,_ •. j ~_: . 4. 3 CITY OF JACKSONV I LLE REGULAR CITY COUNCIL MEETING APRIL 3 , 2008 7 :00 P .M. - 7 :15 P.M . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meet ing of March 20 , 20 08 for appr oval and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Stroud moved , seconded by Alderman McCleary that the minutes of the Regular City Council Meeting of 6 March 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : Request to Accept Bid for backup power generators Mayor Swaim stated that the low bid is the recommended bid and t h at it does meet specifications. Battalion Chief Kendall Snyder concurred tha t the l ow bidder is acceptable and d i d meet specifi cat i ons . Alderman Elliott moved, seconded by Alderman Smith to accept the low bid from NorthSide Power & Electric in the amount of $31,599.20 with funds to be drawn from the budgeted Fire Department Equipment funds . MOTION CARRIED . POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION : FINAL PLAT Bowen Subdivision Acting City Eng i neer Whiske r explained that the Bowen Subdivision was a large tract on James Street that is being subdivided into two lots, explaining that there are two h ouses o n the lot and the owner is proposing to sell one of the houses. He stated that this would require platting the prope rty, pointing out that the sewer was split for the houses . Alderman Smith moved , seconded by Alderman Howard to approve the Final Plat of Bowen Subdi vision. MOTION CARRIED . GENERAL : REPORT Pulaski County Treasurer Debra Buckner Mayor Swaim related that the report from Pulaski County Treasurer Debra Buckner is being deferred to the next regularly sche duled Ci ty Council meeting April 17t h . He reminded the City Council that t he next meet i ng would begin at 7 :30 p.m . to allow attendance of the Annua l Police Department Banquet beginni ng at 6 :00 p .m . 2 OJ0 04 4 APPOINTMENT(S): SEWER COMMISSION CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 3 , 2008 7:00 P .M. - 7 :15 P .M. Alderman Elliott moved , seconded by Alderman Ray to approve the reappointment of Ms . Joan Zumwalt for a term to expire 4/20/2013. ANNOUNCEMENT (S): Mayor Swaim announced that the annual Citywide Cleanup will be held Saturday April 5th starting at 9:00 a.m. at the Chamber of Commerce and that the Two Pine Landfill informational meeting wi ll be held April 14th at 6:00p.m. at the Jacksonville Community Center. He noted that applications for the summer Municipal League meeting are available in the magazine , adding that Council members interested in attending can contact his office. Alderman Stroud expressed appreciation to Alderman Howard , Elliott , and Fletcher for their partici pation in the recent Gravel Ridge annexation effort. Following brief comments it was the consensus of the City Co uncil to research smaller chairs for City Council members . Mayor Swaim noted that it has been difficult to find chairs that fit behind the dais , but offered to research options. Alderma n Fletcher expressed concerns regarding the sharp turn on West Main, noting that a number of vehicles have had to be towed after failing to navigate the turn. He questioned the implementation of rumble strips to pre-warn motorist of the impending turn . Public Works Director Jim Oakley stated that he is researching that option for the second curve area in the vicinity of Emma. Mayor Swaim re l ated l o ngtime efforts by the City to straighten Main Street , pointing out that the City now has $1 ,000 ,000.00 that had been earmarked for improvements to the Gravel Ridge area if annexed, which could now be made available for efforts to purchase property and straighten Main Street. He added that the City would research remedies for the curve, explaining that efforts to remove the 90° cu r ve through Mr . Suka's property have not been successful. ADJOURNMENT : Without objection , Mayor Swaim adjourned the meeting at approximately 7 :15p .m. MOTION CARRIED. Respectfully , 3 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting April 17 , 2008 7 :30 p.m. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES : 4 . APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: Engineering Department Fire Department Police Department Animal Control 6 . WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9 . POLICE DEPART MENT: 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 April 3, 2008 Regular City Council Meeting March 20, 2008 Regular Monthly Report/March (City Planner Chip McCulley) Regular Monthly Report/March (Chief John Vanderhoof) Regular Monthly Report/March (Chief Gary Sipes) Regular Monthly Report/March (Public Works Director Jim Oakley) Request to Accept Bid : Carpeting for Community Center (Mayor Swaim) b . RESOLUTION 613 (#6-08) Expressing willingness to utilize Federal-aid monies through Arkansas Recreation Trails Program (Mayor Swaim) REPORT: Pulaski County Treasurer Debra Buckner (Mayor Swaim) .")'"'C.r'\4 5 l• ,) '· . .'. OJC046 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 17 , 2008 7:30 P .M. - 7 :48 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNI CIPAL DRIVE The City Council of t he City of Ja cksonville , Arkansas met in Regular Sessio n on April 17, 2008 at the regular meeting place of the Council . Alderman Smith d e livered the invocation and Mayor Swaim led a standing audience in t he "Pled ge of Allegia ncen to the fl ag. ROLL CALL : Aldermen : Elli ott , Smith, McCleary, Sansing, Ri n ker , Fletcher , Stroud, Twitty , and Howard answered roll call . Mayor Swa im a ls o a n swered ROLL CALL declaring a quorum. PRESENT NINE (9), ABS ENT (1). Others present for the me e ting were : City Attorney Robert Bamburg , Deputy Ci ty Clerk Lynette Culpepper, Finance Di rector Pau l Mushrush , Director o f Adm inistra tion Jay Whisker, Pub lic Works Director Jim Oakl ey , Human Resource Director Jill Fo ur q urean , F i re Chief Jo hn Vanderhoof , City Planner Chip McCulley , Systems Adminis t rator Barba ra Daniels , CD BG Director Theresa Watson, Parks and Recreation Director George Biggs, Mr s. Bever l y Elliott, Mrs. Edith Smit h, interested c iti zens and mem b ers of the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Co u nci l meeting of April 3 , 2008 for approval and/or correction at the nex t regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved , seconded by Alderman Howard that the mi nutes of the Regular City Council Meeting of 20 March 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Sansing mo ved , seconded by Alderman Smith to approve the Regular Monthly Report for March 2 008 . Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY 23 16 Grass Letters 0 Property Mowed 0 Trash Letters 1 70 Trash Removal 8 Property Maint . Letters 48 Cost for December $1 ,145 .2 6 INSPECTIONS PREFORMED Building Inspections El ectrical Plumbing HVACR VEHICLES Notice of No ncompliance Towed CONDEMNATIONS Structu ral Maint . Let t ers Structural Repairs Made Demolitions 1 46 48 3 7 1 9 3 0 0 0 0 REGULAR MONTHLY REPORT/POLICE DEPARTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 17 , 2008 7 :30 P .M. -7:48 P.M . Alderman Sansing moved , secon ded by Alderman Smith to approve the Regular Monthly Report for March 2008 . Report reflects the Total Value of Reported Stolen Property $78 ,869. Total Value o f Recovered Stolen Property $32,912 and To tal Re port Sales $1 ,297 . REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman San sing moved , seconded by Alderman Smi t h to approve the Regular Monthly Report for March 2008 from the Jacksonville Fire Department, which reflects a fire loss of $29 ,500 and a savings total of $481 ,500 . REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Sansing moved , seconded by Alderman Smith to approve the Regular Monthl y An i mal Control Report for March 2008 . Said report reflects : ADOPTION/FINES : CONTRIBUTIONS: TOTAL : $2 ,633 .75 $ 20 .00 $2 ,653 .75 ROLL CALL : Aldermen : Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION : a . Request to Accept Bid for Carpeting Mayor Swaim noted that the item is budgeted; e x plaining that the Parks Department h as recommended the low bid from Nat ionwide Floor and Window Coverings in the amount $47,500.00. He noted that this bid would cover all the meeting rooms and office areas. He then answered that the bidder has performed satisfactory work for the City previously. Alderman Elliott moved , seconded by Alderman Stroud to approve the low bid from Nationwide Floor and Window in the amount of $47 ,500.00. MOTION CARRIED. b. RESOLUTION 613 (#6-08} A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID MONIES; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Howard to read Resolution 613 (#6-08} . Mayor Swaim explained that Resolution 613 is an amendment to a previous grant app l ication for funding through the Arkansas Recreation Trail 2 0 r.. 0 ·'"' r n 1J'' . '1., ~. '--' .. , ~ ... ·- CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 17, 2008 7 :30 P .M. -7:48 P .M. Program to improve Stonewall Park . He stated that changes are being made regarding recognized drainage issues. At this time, MOTION CARRIED and City Attorney Bamburg read the heading of Resolution 613 . Alderman Stroud moved, seconded by Resolution 613 (#6-08) in its entirety . PLANNING COMMISSION: Alderman McCleary MOTION CARRIED. GENERAL: REPORT Pulas ki County Treasurer Debra Buckner to approve Pulaski County Treasurer Debra Buckner thanked the City Council for an opportunity to introduce members of her staff a nd familiarize the public with the responsibilities of her office. She added that she is on a pub l ic information mission to inform Pulaski County residents of tax issues and how funding is distributed. She noted that there are eight cities including the unincorporated area within Pulaski County. She expressed the importance for taxpayers to u nderstand where their tax dollars are applied, offering a pie chart percentage poster to the City for display. She noted that each city in Pulaski County has different mileages, offering that the Pulaski County Treasurer website offers a breakdown for each city. She related that 76 .7% of taxes collected from Jacksonville residents is disbursed for public schools, and that 1.1% is given to Children 's Hospital as the indigent County hospital . She stated that 5 . 4 % is f or City r oads, 3 . 7% i s collected for Fire and Police millage, 4.8% is collected for the Library and the amount co llected from Jacksonvi lle residents for County services is 9 . 3%. She noted that the Pulaski County Jail is part of that disbursement. She related that aggregate dollars paid by the citizens of Jacksonville comp ared with other cities varies , exp l aining that it is not a cookie cutter situation so people choosin g to live here are making an investment in these se rv ices. She informed the City Council t h at there is a large and sadly growing number of younger 100% service related disabled veterans . She related t hat her father was a veteran , and her husband a Vietnam Navy pilot, adding that her family is extremely touched by service to the Country and community. She explained that those veterans that are 100% disabled are tax exempt, adding that there is a paperwork situation along with a struggle between the Federal laws and Arkansas laws with imp lications for their surviving spouses. She stated that her office battles tho se problems, relating that she has a fu l ltime person at the downtown location who strictly handles well over two thousand veterans or spouses who are 100% tax exempt . She stated that they work with t hem in a very delicate manner , adding that some may have mental or emot ional issues . She assured the City Council that because it is a growing factor , she wanted to make a point of saying that "we at the tax office take t hat responsibility very seriously and if someone needs to come here to meet 3 0"'.:-'Qd() \.. •.) '-.\ v CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 17, 2008 7:30 P .M. - 7 :4 8 P .M. at the local office then we will send someone." She related that if there is an uncertainty regarding a discount or waiver then the benef it of doubt goes to the veteran. She conti nued saying that there are issues with deployment because taxes are charged a year in arrears and many who are deployed do not know they owe taxes. She related that some military members are only here long enough to assess a car before being deployed and then the ir taxes go delinquent. She explained that i t is a horrible journey for administration to find and help these people but that is one reason there is a web site for email , adding that they receive emails from Afghanistan regularly. She stated that she and her off ice are aggressive in trying to help those deployed mi l itary members get their business handled. She said that she does not want to put the names of depl oyed in the newspapers as a delinquent taxpayer , when they were unab l e to receive their tax bill. She stated secondly, she wanted to relate that between 45 and SO thousand residents in Pulaski County are turning 65 in the next year or so, and they need to be aware that part of Amendment 79 that went into effect in 200 1 offered a $300.00 homestead discount or credit, which wa s raised to $350 .00 for the 2007 bill due this year . She explained that during the year a person turns 65 , they are eligible to apply for the credit and if requested can have the assessed va lue on their homestead frozen. She added that it wou ld not mean that if the City or School District raised a millage that their tax bill wou ld not go up. She stated that it is believed that there are thousands of people who are not asking for or have not thought to ask for their homestead value to be frozen. She stated that this could be an economic factor to an individual family. She related that she is concerned about getting the word out, asking City Council to inform as many people as they can . She added that the credit is not dependent on income . Thirdly , she stated that she wanted to say tha t whi l e in the beginning there was some press about the State of Arkansas being slow to pay the $300.00 and now $350.00 per parcel credit , through efforts with the State Treasurer 's office and the County Treasurer's Association payments are now paid with no delay . She thanked the City Council for the opportuni ty to speak, saying that her office serves 360 plus thousand people in Pulaski County and they take pride in that service to citizens. She stated that the philosophy they embrace is to treat everyone not as taxpayers but as customers. She related that this is her 8th year as Pulask i County Treasurer and she loves her j ob. She encouraged anyone having questions to call. Alderman Smith concurred that it is probably not widely known that homeowners can freeze the value of their home after the age of 65 , adding that he and his wi fe have already do ne so. 4 ,... ............. ,D.....-0· ,t j o. .. I t: •.; ,_, ::::> CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 17 , 2008 7:30 P .M. -7:48 P .M. Treasurer Debra Buckner reiterated that it is someone is eligible for any tax exemption , apply. a serious benefit, and if they should be aware and In response to a question posed by Alderman Fletcher, Treasurer Debra Buckner stated that 76 cents of every doll a r collected in Jacksonville goes toward public schools , adding that in compar ison to other cities which range from 64 cents to just over 80 cents , Jacksonville would probably be considered slightly on the high end of that scale . Alderman Twitty complimented Mrs . Buckne r's staff citing a recent experience that was handled efficiently and ef f ortlessly wi th her office . Mrs. Buckner reiterated that her main goal is to be customer oriented . Mayor Swaim point ed out that no p ortion of taxes collected goes toward operation of the City of J acksonvi l le , so for those taxpayers in the City of Jacksonville that pay their real estate tax i t is worth noting that no par t of those funds collected go into the City 's General Fund. APPOINTMENT (S) : ANNOUNCEMENT ( S) : ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7:48p .m . MOTION CARRIED. Respectfully, 5 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 May 1, 2008 7:00p.m. Regular City Counci l Meeting April 17, 2008 Regular City Council Meeting April 3, 2008 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 . APPO INTMENTS : 16 . ANNOUNCEMENTS : ADJOURNMENT a . ORDINANCE 1336 (#3-08) Waiving Competitive Bidding for purchase and installation of energy sav i ng fans (Mayor Swaim) b. Request to Accept Bid : Poo l Inflatab le (Mayor Swaim) PRESENTATION I DISCUSSION Capital Im provemen t Proj ects (Mayor Swa im ) PARKS AND RECREATION COMM ISS ION Reappointment of Joe Price f or a term to ex pire 5-09-2013 ADDITION TO AGENDA: Request to Accept Bid: floo ring for the Martin Street Building 00005 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 1 , 2008 7 :00 P .M. -7:24 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 1 , 2008 at the regula r 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 , Sansing , Ray , Rinker, Stroud , and Howard answered roll call . Mayor Swaim also answered RO LL CALL declaring a quorum. PRESENT SEVEN ( 7) , ABSENT ( 3) . Aldermen McCleary , Fletcher , and Twitty were absent . Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administra t ion Jay Whisker, Public Wor k s Director Jim Oakley, Human Resource Director Jill Fourqurean, Fire Chief John Vanderhoof , Assistant Finance Director Cheryl Erkel, CDBG Director Theresa Watson , Police Chie f Gary Sipes, Mrs. Helen Stroud, Mrs . Add i e Gibson, inte res ted citizens and members of t he press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of April 17, 2008 for approval and/or correct ion at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved , seconded by Alderman Smith that the minutes of the Regular City Counci l Meeting of 3 April 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : a. ORDINANCE 1 336 (#3-08) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE AND INSTALLATION OF FANS FOR THE JACKSONVILLE COMMUNITY CENTER ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1336 be placed on FIRST READING . ROLL CALL : Aldermen Ell iott , Smith , Sansing, Ray , Rinker , Stroud, and Howard voted AYE . NAY ( 0) . MOTIO N CARRIED . Whereupon City Attorney Bamburg read the heading of Ord in ance 1336 . Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1336 be APPROVED on FIRST READING . 1 CITY OF JACKSONVILLE n l·"'~3 \ •• / ·.~ 1-..J· . --~ REGULAR CITY COUNCIL MEETING MAY 1, 2008 7 :00 P.M. -7:24 P.M. Parks and Recreation Director George Biggs informed the City Council that two 16 ' fans are intended for the gym area and one 12' fan for the fitness area . He related that the air temperature in the gym is difficult to control during large events and the fans will help keep energy costs down in both the summer and winter. Mayor Swaim noted that because of the size of the fan waiving competitive bidding is necessary. Di r ector Biggs concurred that Johnson Equipment Company lS the only vendor that sells fans of this size. ROLL CALL : Aldermen Elliott, Smith, Sansing , Ray, Rinker , Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and p l ace Ordinance 1336 on SECOND READING. ROLL CALL: Alderman Elliott , Smith, Sansing, Ray, Rinker, Stroud , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1336. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1336 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing , Ray, Rinker, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1336 . Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1336 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Ellio tt , Smith , Sansing, Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Elliott moved, seconded by Alderman Sansing to attach the EMERGENCY CLAUSE to Ordinance 1336 . ROLL CALL: Aldermen Elliott, Smith , Sansing, Ray, Rinker, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1336 THIS 1st DAY OF MAY 2008. b. Request to accept bid for Pool Inflatable Parks and Recreation Director George Biggs related that the current pool inflatable (the Loch Ness Monster) has been repeatedly repaired and now needs to be rep laced. He stated that there are no vendors available in the On i ted States , but they did rece ive a response from Eng l and. He noted that the inflatable being considered is Treasure Island, adding that patrons had voted this their favorite of four choices . In response to a question posed by Alderman Smith, Director Biggs answered that the current inflatab l e lS eight years old. 2 f"'. i1 {· 0 r-4 v ;j '-· J CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 1 , 2008 7:00 P .M. - 7 :24 P .M. Alderman Stroud moved, seconded by Alderman Ray to accept the low bid from Bee Tee Treasure in the amount of $7,661.00 from Parks and Recreation budgeted funds. MOTION CARRIED. PLANNING COMMISSION: GENERAL: PRESENTATION/DISCUSSION Capital Improvement Projects Mayor Swaim noted funds that had been set aside for the annexation of Gravel Ridge were now available for capital improvement projects . He explained that the funds would have to be restricted from a r eo ccurring expenditure , citing that the funds could not be used for salaries . He reviewed four projects being offered regarding road enhancements for the City. He assessed the Northlake project , noting ongoing flooding issues accompanying heavy rains , which prevents the Police and Fire Departments from being able to access the Northl ake Subdivision at times . He explained that the proposal would be to extend Oneida Street from the intersection of West Main and Oneida to the West Main cutoff, po i nting out approximated costs of $2 ,188 ,931 .54. He revi e wed the next proposed project located at the intersection of Harris Road and West Main . He stated that the area has high traffic counts, pointing out that it does not have traffic signalization . He explained that the area f eeds North Pulaski High School and unfortunately, there have been fatalities at that location . He stressed the importance of correcting that intersection because of the safe ty factor . He related that the estimated cost of the project is approximately $463,174.38 . He noted that part of the expense would be to redirect part of the street since it is not a "T" street . He stated that there is also a proposal to extend Emma Street to General Samuels , adding that the approximate costs would be $471 ,1 1 0 .33 . He stated that this project would allow for a connection from West Main to General Samuels . He related that the last proposal would be t he extens i on of West Main that would bypass the double curve and intersect back to West Main before coming to the intersection of Harris Road and J ac ksonville Cutoff . He stated that the approximate costs would be $920,330 .43 . He stated that these are proposals being offered, adding that there are certainly other projects warranted. He related that while the Oneida Extension Project is a large amount above the budget, it has been a needed project for many years . He noted that there might be an opportunity t o accumulate funds over the next few years to complete t he projects . He also introduced the possibility of requesting road and bridge funds from the County regarding the Oneida Project. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 1 , 2008 7:00 P.M . - 7 :24 P .M. Alderman Elliott stated that both the Oneida extension and the West Main realignment are very important projects given f l ooding issues. Mayor Swaim noted that both would be considered long-term pro jects , explaining that rights-of-way might be issues for both propert ie s. He noted that the Oneida Project would additionally allow earlier access to an area that the StoneRidge Subdivision deve l oper has offered as City park property. He stated t hat a very short road from the Oneida extension could access the park area. Alderman Ray voiced support for both projects particularly if the City were able to secure County road and bridge funds. Ms. Jean Williams, a new resident of Jacksonville, addressed the City Council, questioning if developers would help with infrastructure. Mayor Swaim explained that developers are water, streets, curb, gutter and drainage proposed subdivision. responsible for the sewe r , infrastructure within their Ms . Wi ll iams questioned if the developers were responsible for he l p with the schools and fire. Mayor Swaim offered that any development would generate additional property tax for the County, which would benefit the Pulaski County Special School District. He noted that Fire and Police would be provided adequate streets with proper turnarounds. Alderman Stroud stated that all the proposed projects a r e worthy; adding that he is not sure these projects would prov i de enough "bang for t he buck" as f ar as what citizens could see in Jacksonville . He added t hat he would like to see improvements regarding the downt own area where Dupree, Main, and North James inte rsect. He then ment ioned the need for road improvements regarding the Trickey Lane area, saying that the area will increase in traffic as the freeway conc l udes its cons t ruction . He stated that he would like an opportunity t o con sider other wor thy proj ect s within the City . Al derman Howard concurred with Mayor Swaim that the signa li zation system at Main and James would need to be upgraded in the near future. Mayor Swaim related that the upgrade has been on the TIP list , explaining that the proposal considered most has been to turn the intersection into a roundabout . He stated that the roundabout proposal would involve t he taking in of three corners of property. He stated that it would not be productive for the City to spend as much as $300,000.00 f or a new signal system but leave the intersection as complicated as i t is . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 1 , 2008 7 :00 P.M. - 7 :24 P .M. In response to a question posed by Alderman Stroud, Mayor Swaim stated that drawings for a roundabout have been considered but t h ere are no current cost estimations. He stated that the major concern would be t raff ic being about to navigate the system early on . He noted that a number of roundabouts have been constructed i n Arkansas. He explained that the circumference has to be significant to adequately construct a roundabout and i s an expensive proposition. He stated that the con cept o f roundabouts is making a c omeback, adding that it becomes a matter of educating drivers how to navigate the system. He stated that the City did obtain funding through the State to improve the inter section at Marshall, Ma i n S treet, and the Fre eway for new signalizat i on . Mayor Swaim encouraged the City Council to give thought to p r ojects that could be considered for the million dollar fu nds . Alderman Smith concurred with Mayor Swaim t h at the West Main Street Realignment project being proposed for $920 ,333 would still only be for a two -lane improvement. Mayor Swaim added that it would not i nc lude building a bridge but would instead use a large 20' box culvert. He stated that if it is felt that Main Street would eventually be turned into four lanes then the box culvert would need to be sized to accommodate future expansion to four lanes. Director of Administration Jay Whisker stated that he had proposed t h e culvert to be 44' wide. Mayor Swaim pointed out that estimated project costs do no t inc l ude right -of-way costs. ADDITION TO AGENDA : Request to accept bid Vinyl Composition Tile for Parks and Recreation Department Mayor Swaim noted that the budgeted bid item was opened after the agenda had been completed but is being requested for review. Alderman Smith moved, seconded by Alderman Elliott to suspend the rules and place the bid fo r vinyl tile flooring for the Martin Street Center on the agenda . MOTION CARRIED . Mayor Swaim stated that the recommended low bid is Nationwide Floor and Window, noting that the other bid submitted did no t meet specifications and the bidder withdrew their bid. Alderman Stroud moved , seconded by Alderman Ray to accept t he low bid from Nationwide Floor and Windows in the amount of $23,487.00 to be drawn from Parks and Recreation budgeted funds . MOTION CARRIED. 5 APPOINTMENT(S): Alderman Ray reappointment CARRIED. CITY OF JACKSONVILLE 1'. ..... ~ f) ~ r;:-... ..., I__ ·.: :___, • '-..' I REGULAR CITY COUNCIL MEETING MAY 1, 2 008 7:00 P .M. - 7 :24 P.M . PARKS AND RECREATION COMMISSION moved , seconded by Alderman Howard of Joey Price for a term to expire to approve the 5/09/2013 . MOTION ANNOUNCEMENT ( S) : City Attorney Bamburg extended an open invitation to attend a musical program being held Sunday, May 3rct at t h e First Met h odist Church , relating that Dr. Allen Storeygard and the sister cities program is bringing in a group of amazing musicians from across the world . He related that there would be performers from Italy , China, Korea and sev eral other countries . He stated that the event is phenomena l and is a costly event to attend when performed in New York . It is free for those who wish to a ttend. Mayor Swaim noted that in the past , the group has performed at Carnegie Hall . City Attorney Bamburg concurred that the group plays at Carnegie as part of their trip through America , adding that J acksonville is very fortu nate to have them perform here. He added that there would be a reception following the event at Mrs. Joan Zumwalt's residence. He stated tha t the eve nt would begin at 7:00 p .m. ADJOURNMENT : Without objection , Mayor Swaim adjourned the meeting at approximate ly 7 :24 p .m . MOTION CARRIED . Respectfully , 6 ('\D C .~.r: :""~ '-' ~.. ; . ' ~-. \.) City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting May 15, 2008 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 Fire Department Police 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 Regular City Council Meeting May 1, 2008 Regular City Council Meeting April 17, 2008 Regular Monthly Report/April (City Planner Chip McCulley) Regular Monthly Report/April (Fire Chief John Vanderhoof) Regular Monthly Report/April (Police Chief Gary Sipes) Regular Monthly Report/April (Public Works Director Jim Oakley) FINAL PLAT: Lot 1, Chick -fil-A (Mayor Swaim) ORDINANCE 1337 (#4-08) Modifying JMC §3 .08 et. seq. mod ifying purchasing and sale requirements (Mayor Swaim) SEWER COMMISSION Appointment of Pat Griggs to fill the unexpired term of Vicki Farmer to expire 4/20/2012 CIVIL SERVICE Appointment of John Kinder to fill the unexpired term of Otis Stewart to expire 4/01/2012 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 15, 2008 7 :00 P.M . -7:09 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met 1.n Regular Session on May 15 , 2008 at the regular meeting place of the Council . Alderman Smith delivered the invocation an d Jack Sims of Boy Scout Troop 770 led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL: Aldermen : Elliott, Smith, McCleary, Sansing , Rinker, Fletcher , Stroud , Twitty , and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a quo r um . P RE SENT NINE (9), ABSENT (1). Alderman Ray was absent. Others present for the meeting were: City Attorney Robert Bamburg , Deputy City Cler k Lynette Culpepper, Director of Administration Jay Whisker , Public Works Director Jim Oakley , Human Resource Director Jill Fourqurean , City Planner Chip McCulley , Fire Chie f John Vanderhoof, CDBG Director Theresa Wa t son , Po l ice Chief Gary Sipes , Systems Administrator Barbara Daniel , Mrs . Judy Swaim , Mrs . Edi th Sm ith, Mr. Larry Smith, Mrs . Pat Griggs , i nterested citizens and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of May 1 , 2008 for approval and/or co rr ection at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman McCleary that the minutes of the Regular City Council Meeting of 17 April 2008 be APPROVED. MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, s e conded by Alderman McCleary to approve the Regular Monthly Report for April 2 0 08 . Said repo rt reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Removal 25 16 305 1 110 7 Property Maint . Le tters 4 Cost for December $940 .75 INSPECTIONS PREFORMED Building Inspections HVACR Electr ical Plumbing VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made Demo l itions 1 63 27 55 43 4 1 0 0 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 1 5 , 2008 7 :00 P.M . -7:09 P.M . Alderman Stroud moved , seconded by Alderman McCleary to a p prove the Regula r Month ly Repor t for Ap ril 2008 f r om the Jacksonville Fire De p a rtment , which reflects a fire loss of $135 ,200 and a savings total of $61 ,800 . REGULAR MONTHLY REPORT /POLICE DEPARTMENT Alde r man Stroud moved , seconded by Alderman McC l eary to approve the Regular Monthly Report for Ap r il 2008 . Report reflects the Total Value of Reported Stolen Property $115 ,847 . Total Value of Recovered Stolen Property $19,076 and Total Report Sales $1 ,212 . REGULAR MONTHLY REPORT/ANIMAL CONTROL Alder man Stroud moved , seconded by Alde r man Regular Monthly An i mal Co n tro l Repo r t fo r reflects: ADOPTION/FINES : $3 ,710 .00 CO NT RIBUT IONS : $ 35 .00 TOTAL: $3 ,745 .00 McCleary to Apri l 2008. app r ove the Said report Alderman Stroud noted the number of grass letters sent to r esidents , commenting t h at h e belie ves in many cases it is t he same residents each t i me. He suggested developing a tracking method for repeat violators and i mpos i ng a monetary deterrent . Mayor Swaim noted that City Planner Chip McCulley is working on a program to identify repeat offenders . He then answered that the City bids out grass mowing , which turns out to be cheaper than the resident hiring a person to mow their g ra ss. City Planner McCulley r elat ed that repeat offenders are ident ified by address , offering to provide that information to the City Council . ROLL CALL: Aldermen : Elliott , Smith , McCleary , Sansi ng , Rinker , Fletche r , Stroud, Twi tty, and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: FINAL PLAT Lot 1 , Chick-fil -A Alderman Stroud mo ved , seconded by Alderman Howard to approve the Final Plat of Lot 1 , Chick -fil-A S ubdivis ion as pre s e nte d . MOT ION CARRIED. 2 GENERAL: ORDINANCE 1337 (#4-08) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 15, 2008 7 :00 P .M. -7:09 P.M. AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE § 3.08 ET. SEQ. SO AS TO MODIFY PURCHASING AND SALE REQUIREMENTS OF THE CITY OF JACKSONVILLE ; AND, FOR OTHER PURPOSES . Al derman Stroud moved , seconded by Alderman Smith that Ordinance 1337 be placed on FIRST READING . ROLL CALL : Aldermen Elliott, Smi th , McCleary Sansing , Rinker , Fletcher , Stroud , Twitty , and Howard vot ed AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading o f Ordinance 1337 . Alderman Stroud moved , seconded by Alde rman McCleary that Ord i nance 133 7 be APPROVED on FIRST READING. ROLL CALL: Aldermen El liott , Sm ith , McCleary , Sansing, Rinker , Fletcher, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved , seconded by Alde rman Sansing to su s pend the rules and pl a ce Ordinance 1337 on SECOND READING. ROLL CALL: Alderman Elliott , Smith, McCleary , Sansing , Rinker, F l etcher , Stroud , Tw i tty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Where upo n City Attorney Bamburg read the headi ng of Ordinance 1337. Alderman Stroud moved , seconded by Alderman Howard to f u rther suspend the rules and place Ordinance 1337 on THIRD and FINAL READING. ROLL CALL: Al d ermen Elliott, Smith , McCleary , Sansing , Rinke r, Fletcher , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg r ead the heading of Ordinance 1337 . Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1 337 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing , Rinker , Fletcher, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1337 THIS 15th DAY OF MAY 2008. APPOINTMENT(S): SEWER COMMISSION Alderman Smith moved , seconded by Alderman Howard to approve the appointment of Pat Griggs to fill the unexpired term of Vicki Farmer to expire 4/20/2012. MOTION CARRIED. CIVIL SERVICE COMMISSION Alderman Elliott moved, seconded by Alderman McCleary to approve the appointment of John Kinder to fill the unexpired term of Otis Stewart to expire 4/01/2012. MOTION CARRIED. ANNOUNCEMENT (S): Mayor Swaim announce d that City Systems Administrator Barbara Daniel i s updating the City 's web page and has schedu l ed Ci ty Counci l photographs to be f eatured on the web page prior to the next 3 -------- CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 15 , 2008 7 :00 P .M. -7 :09 P .M. regularly scheduled City Council meeting. He asked City Council members and Department Heads to be available for photographs at 5 :30 on June 5 , 2008. He explained that the ent ire web page is being redesigned and is projected to be completed by year 's end. He noted several additions providing a more comprehens i ve web site for the City. He then informed City Council that the Fourth of July Spectacular has been scheduled for t he evening of July 3rct, which is also a scheduled City Council meeting. He asked City Council members to have a decision at the last scheduled meeting i n June at to whether the regu l arly scheduled meeting should be cancelled or rescheduled , he noted that it would largely depend on any antic ipated agenda items . Alderman Fletcher expressed his appreciation to the City Council and City for their support during his family 's loss of his father . ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at approximately 7:09p.m . MOTION CARRIED . Respect fu lly , 4 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting June 5, 2008 7:00 p.m. 1. OPENING PRAYER : 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Engineering 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 a. Regular City Council Meeting May 15, 2008 Regular City Council Meeting May 1, 2008 Regular Monthly Report/April (City Planner Chip McCulley) Regular Monthly Report/April (Public Works Director Jim Oakley) ORDINANCE 1338 (#5-08) Waiving Competitive Bidding for purchase of taser weapons (Mayor Swaim) RESOLUTION 614 (#7-08) Authorizing Mayor and City Clerk to negotiate and execute documents to secure a long term lease of railroad lines and spurs (Mayor Swaim) b . Amend June 19th and July 3rd regular Cit¥t Council meeting dates to June 26 h@ 7:00p.m. n~r·of'A ·u U 'V o Ll: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5 , 2008 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 June 5, 2008 at the regular meeting place of the Council . Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to the flag. ROLL CALL: Aldermen: Elliott , Smith , McCleary , Sansing, Ray, Stroud, Twitty , and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NIN E (9), ABSENT (1). Aldermen Rinker was out of town . Others present for the meeting were: City Attorney Robert Bamburg , Deputy City Clerk Lynette Culpepper, Human Resource Director Jill Fourqurean , City Planner Chip McCulley, F ire Chief John Vanderhoo f, Systems Administrator Barbara Daniel , Parks and Recreation Director George Biggs, CDBG Director Theresa Watson , Police Chief Gary Sipes , Mrs . Addie Gibson , interested citizens , and members of t he press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of May 15, 2008 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 McCleary that the minutes of the Regular City Council Meeting of 1 May 2008 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Howard to approve the Regular Monthly Report for May 2008. Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Removal 13 1 1 207 28 45 0 Property Maint . Letters 4 Cost $1,940 .75 CITATIONS 5 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Structural Repairs Made Demolitions WARRANTS Arrest Search 1 53 74 66 28 3 0 14 5 0 0 1 REGULAR MONTHLY REPORT/ANIMAL CONTROL CITY OF JACKSONVILLE Onr,."'"\r i?"" t..J L' · . .' G .J REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7 :00 P.M . - 7 :1 7 P.M. Alderman Stroud moved , seconded by Alderman Howard to approve the Reg u lar Mon thly Animal Control Report for May 2008. Said report reflects : ADOPTION/FINES: CONTR IBUTIONS : TOTAL : $3 ,310.00 $ 0.00 $3 ,310 .00 Alderman Stroud complimented the Animal Control Department for their progress regarding pit bulls in the City of Jacksonvi lle . ROLL CALL : Aldermen: Elliott, Smith , Stroud , Twitty , and Howard voted AYE. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : McCleary, Ray , Sansing , MOTION CARRIED . POLICE DEPARTMENT: ORDINANCE 1338 (#5-08) Fletcher, AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF TASER WEAPONS, ACCESSORIES , EQUIPMENT , AND SOFTWARE FOR THE JACKSONVILLE POLICE DEPARTMENT ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES . Alderman Elliott moved, seconded by Alderman Smith that Ord inance 1338 be placed on FIRST READING. ROLL CALL : Aldermen El liott, Smith , McCleary, Sansing, Ray, Fletcher , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1338 . Alderman Smith moved , seconded by Alderman McCleary tha t Ordinance 1338 be APPROVED on FIRST READING . Chief Sipes related that the Department would be pur chasing twenty tasers , explaining that the purchase price does incl ude the training aids plus ca rtridges, holsters , camcorder and audio recorders. In response to a question from Alderman Fletcher, Ch i ef Sipes stated that he feels comfortable regarding the safety aspe ct . He noted that there has been no instance of an unfavorable ruling regarding l iabi lity litigation toward any government agency . He then explained that the audio/v ideo is automatically activated when the safety is switched off . He answered that the product i s more effective than mace . He stated that the equipment is approximately 7" in length and fits comfortably on the officer's belt. He then answered that training would take place a t the Pol i ce Department by a certified officer of the Department. He explained that the Department would be purchasing tas ers with both a 35' and 21 ' extension capability , but would actually be training with a 15 ' extension . He stated that he feels the use of tasers would res ult in less i njury to the officers, which would help with rising insurance premium costs. 2 000 256 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5 , 2008 7:00 P .M. - 7 :17 P.M. In response to a question posed by Alderman Twitty, Chief Sipes stated that it is his understanding that more deaths have been experienced with the use of oc pepper spray than with tasers. He explained the breathing difficulty with pepper spray . He stated it has not been proven that any death was directly related to be tasered. He noted the long-lasting effect from being sprayed as opposed to the five-second effect from the taser . ROLL CALL : Aldermen Elliott , Smith , Stroud, Twitty , and Howard voted AYE . McCleary, NAY (0). Sansing , Ray, Fletcher , MOTION CARRIED. Alderman Elliott moved , seconded by Alderman Smith to suspend the rules and place Ordinance 1338 on SECOND READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing , Ray , Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1338 . Alderman Stroud moved , seconded by Alderman Ray to further suspend the rules and place Ordinance 1338 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing , Ray, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1338. Alderman St r oud moved , APPROVED AND ADOPTED . Sansing , Ray , Fletcher , MOTION CARRIED . seconded by Alderman Ray that Ordinance 1338 be ROLL CALL: Aldermen El liott, Smith, McCleary, Stroud , Twi t ty , and Howard voted AYE. NAY (0). ORDINANCE APPROVED , ADOPTED AND NUMBER 1338 THIS 5 th DAY OF JUNE 2008. STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION : GENERAL : a . RESOLUTION 614 (#7-08) A RESOLUTION AUTHOR I ZING THE MAYOR AND CITY CLERK TO NEGOTIATE AND EXECUTE ALL NECESSARY DOCUMENTS IN EFFORTS TO SECURE A LONG TERM LEASE FOR OPERATION OF THE RAILROAD LINES AND SPURS IN THE JACKSONVILLE INDUSTRIAL PARK ; AND , FOR OTHER PURPOSES . Mayor Swaim informed the City Council that Resolution 614 would authorize continued negotiations regarding a lease contract for the railroad carrier to handle the railroad spur located in the Industrial Park . Alderman Smith moved , seconded by Alderman Ray to Read Resolution 614. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 614 . 3 C.)OO S7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 5, 2008 7 :00 P.M. -7:17 P.M. Mayor Swaim explained that there would be no financial transaction i nvolved. He stated that the rai lro ad spur was under lease to Union Pacific fo r many years and the City of Jacksonville assumed ownership maintaining the lease until it expired in October . He stated tha t Union Pacific has chosen to work with Midland Ra ilroad as an alternate carrie r to handle the short spur. He explained that Union Pacific will bring the cars to Midland and Midland wi ll perform the switching. He stated that the advantage to local industry would be that th ere would be an engine on the track at all times if an industry needs to switch cars. He further explained that currently the service is only available t hree days a week, eliminating wait time . He stated that he has coordinated with the City 's la rgest industr ia l user and the railroad with satisfactory outcome. Alderman Fletcher moved, seconded by Alderman Stroud to approve Resolution 614 in its entirety. MOTION CARRIED. b . Amend June 19th and July 3 rd regular City Council meeting dates to June 26 th @ 7:00 p .m. Mayor Swa im noted a con flict with the scheduling of the July 3rct spectacular, proposing that the June 19th meeting be moved to June 26th and the July 3rct City Council business be moved to the June 26th meet ing thus canceling the July 3rct meeting . Alderman Elliott moved , seconded by Alderman Smith to amend the June 19th and July 3 rct regular City Council meeting dates to June 26 @ 7:00 p .m. MOTION CARRIED . APPOINTMENT(S): ANNOUNCEMENT(S): YARD SALE SIGNS Alderman Stroud noted that while ther e has been great progress regarding litter in the City , he reminded citizens that yard sale signs are restricted from being placed on trees or utility pol es , noting that they must be freestanding signs and removed within 2 4 hours following the completion of the yard sale . ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :17 p.m . MOTION CARRIED . Respectfully, ~~ ~.u.:.,_ MAYOR TO SWAIM 4 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: Fire Department Police Department 6 . WATER DEPARTMENT: Regular City Council Meeting June 26, 2008 7:00 p.m . Regular City Council Meeting June 5, 2008 Regular City Council Meeting May 15 , 2008 Regular Monthly Report/May (Fire Chief John Vanderhoof) Regular Monthly Report/May (Police Chief Gary Sipes ) 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 ORD INANCE 1339 (#6-08) Reclassifying 1 024 & 1 026 Gina Circle from R-2 to R-3 (Mayor Swaim) a . ORDINANCE 1340 (#7-08) Condemning structures and real property at various locations in the City of Jacksonville (Mayor Swaim) b . ORDINANCE 1341 (#8-08) Waiving competitive bidding regarding purchase of a portab le stage (avail. at meeting) (Mayor Swaim) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 26, 2008 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 June 26, 2008 at the regular meeting place of the Council . Alderman Stroud delivered the invocation and Jack Sims of Boy Scout Troop 770 led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL : Alde rmen : Elliott , Smith , McCleary , Sansing , Rinker, Stroud , and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a q uorum. PRESENT SEVEN {7), ABSENT {3). Aldermen Ray, Fletcher , and Twitty were absent. Others present for the meeting were : Ci ty Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, F inance Director Paul Mushrush, Director of Administration Jay Whisker, Public Works Director Jim Oakley , Human Resource Director Jill Ross , Police Chief Gary Sipes, City Planner Chip McCulley, Assistant Finance Director Cheryl E r kel , Fire Chief John Vanderhoof , Systems Administrator Barbara Daniel, Parks and Recreation Director George Biggs, Code Enforcement Officer Ma r ty Sanady , 91 1 Communications Director Brenda Skinner , Mrs . Judy Swaim, Mrs . Helen Stroud , Mrs . Add i e Gibson , interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of June 5 , 2008 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 15 May 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman McClea r y to approve the Regular Monthly Report for May 2008 from the Jacksonville Fire Department , which reflects a fire loss of $9,700 and a savings total of $375 ,500 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Alderman McCleary to approve the Regular Month l y Report for May 2008. Report reflects the Tota l Va lue of Report ed Stolen Property $115,190. Total Value of Recovered Stol en Property $43 ,522 and Total Report Sales $1 ,01 4 . ROLL CALL : Aldermen: Elliott , Smith, McCleary , Sansing , Rinker , Stroud , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT: POLICE DEPARTMENT : STREET DEPARTMENT: 1 O·JC070 SANITATION DEPARTMENT : PARKS & RECREATION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 26, 2008 7:00 P.M . -7:17 P.M. PLANNING COMMISSION : ORDINANCE 1339 (#6-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS (GENERAL LOCATION : PROPERTY AT 1024 AND 1026 GINA CIRCLE) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES. Alderman Elliott moved , seconded by Alderman Smith tha t Ordina nce 1339 be placed on FIRST READING. ROLL CALL : Aldermen Elliott , Smith , McCleary , Sansing , Rinker , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorne y Bamburg r ea d the heading of Ordinance 1339 . Alderman Stroud moved , seconded by Alderman McCleary t hat Ordinance 1339 be APPROVED on FIRST READING. ROLL CALL : Aldermen E lliott , Smith , McCleary , Sansing, Rinker , Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Alderman Stroud mo ved , se conde d by Alderman McCleary to suspend the rules and place Ordinance 1 339 on SECOND READING . ROLL CALL: Alderme n Elliott , Sm i t h, McCleary , Sansing , Rinker, Stroud , a nd How ard voted AY E . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1339 . Alderman Smith moved , seconded by Alderman Stroud to f u rther suspend the rules and place Ordinance 1 339 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott , Smith, McCleary , Sansing , Rin ker , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon Ci t y Attorney Bambu rg read the heading of Ordinance 1339 . Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1339 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Ell i ott , Smith , McCleary, Sansing , Rinker, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBER 1339 THIS 26th DAY OF JUNE 2008. GENERAL : a. ORDINANCE 1340 (#7-08) A ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE , ARKANSAS , FOR STRUCTURAL DEFECTS , DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS ; DECLARING AN EMERGENCY ; AND FOR OTHER PURPOSES . Mayor Swaim asked the City Council, for the purpose of furt her dis c ussion , to consider the ordinance for f irst reading but defer second reading until the next regularly scheduled Ci t y Council meeting . Al derman Smi t h moved , seconded by Alderman Howard that Ordinance 134 0 be placed on FIRST READING . ROLL CALL : Aldermen El liot t, Smith, McCleary , 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 26 , 2008 7:00 P .M. - 7 :17 P .M. Sansing, Rinker , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1340 and named the properties for condemnation as being 127 Galloway Circle, 108 Lee Avenue , 110 North Ave nue, 183 Pike Avenue , 163 Roosevelt Road, and 1 308 South Highway 161. Mr. Norvell Williams of 814 South Ann, Little Rock , Arkan sa s, owner of 127 Galloway Circle stated that he would like to keep the property from being condemned by the City. He related that he has spe nt an undetermined amount of money to repair the house , explaining t hat siding , windows , doors , and plumbing have been stolen mu lti ple times . He stated that he has several police reports regarding the thefts . In response to a question posed by Mayor Swa im, Code Enforcement Officer Marty Sanady answered that the house was up for condemnation three years ago. He explained that the project was starte d but then dropped , adding that since then the house has had windows broken and that Code Enforcement has had to board the windows and mow the lawn. He then noted that during t he Sunnyside Cleanup event , volunteers cut bushes and cleaned the property. He stated that Code Enforcement has had to address the property several times over the last couple of years . It was c l arified that the prope r ty was slated for condemnation three years ago but was n ot fu l l y condemned in lieu of efforts made by the owner to repair the property, however tot al repairs were n eve r completed. Alderman Smith questioned t h e e xtent of progress in repairs to the property. Mr. Williams stated that he had tried to get a building permit b ut was denied because the condemnation process had begun, adding that he has only mowed the yard for the past three months. He exp lained t hat he has purchased windows and siding more than once . Director of Administration Jay Whisker noted that when condemnation began three years ago, Mr. Wi l l i ams got a building p ermit to repair the house. He stated that Mr . Williams put ply board on the house without siding a nd then stopped repairs fo l lowing the City's decision not to condemn . Mr . Wil l iams stated that the ply board is siding , adding that the reason he stopped repa irs is that he could not k eep any material without it being stolen. Director of Administration Jay Whisker stated that the house h as been vacant for five years since that t ime. Mayor Swaim noted that the house was overgrown to the extent that it took a bulldozer to get the brush and trash out of the yard. 3 0 '~00"'.,0 ;\..1 . f f... CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 26, 2008 7 :00 P.M . - 7 :17 P .M. Mr . Williams then answered that he had applied for a building permit approximately four weeks ago. He stated that he never received the letter, saying that it was tacked to the house. He stated that the house has a new roof and one of the rooms has been sheet rocked, saying that vandals and thieves keep knocking everything out and taking everything. He stated that he put new cabinets in the house and they were taken out. He stated that he is here to see if he can keep the house out of condemnation or just tear the house down, adding that he does not want to loose the property because he can always rebui ld another house . Alderman McCleary questioned Mr . Williams as to his plans for the house. Mr . Williams City Council, or loose it. house back in answered that it would depend on the determinat ion of the saying that he really does not want to tear the house down He said that given some time he feels he could put the order but it would have to have some kind of protection. Mayor Swaim noted that the property owner has had three years, recalling the condition of the property and yard when as a volunteer; Mayor Swa i m worked in the yard himself. He noted the use of a backhoe and bulldozer to get the brush and limbs out of the yard . He stated that he did not feel Mr . Williams attempted to keep the property clean. Mr . Williams stated that he did try to clean the property and that the overgrowth happened during the winter. Alderman Howard noted that volunteers worked many hours in the heat of the summer . Mayor Swaim offered opportunity to the audience to address other property being considered for condemnation . No other members of t he audience offered to represent properties being considered for condemnation . Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1340 be APPROVED on FIRST READING . ROLL CALL : Aldermen El liott , Smith , McCleary, Sansing, Rinker , Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Mayor Swaim stated that second and third reading would be deferred to the next regularly scheduled City Council meeting. b . ORDINANCE 1341 (#8 -08) AN ORDINANCE WAIVING COMPETIT I VE BIDDING FOR THE PURCHASE OF A TEMPORARY STAGE FACILIT Y BY TH E JACKSONVILLE ADVERTISING & PROMOTIONS COMMISSION ; AND , FOR OTHER PURPOS ES. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1 341 be placed o n F I RST READ I NG . ROLL CALL; Aldermen Elliott , Smith , McCleary, Sansing , Rinker , Stroud, and Howard voted AYE. NAY (0). 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 26, 2008 7:00 P .M. -7:17 P.M. MOTION CARRIED . Whereupon City Attorney Bamburg read t he heading of Ordi nance 1341. Alderma n Stroud moved , seconded by Alderman How ard that Ordinance 13 41 be APPROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smi t h , McCleary , Sansing , Rinker, Stroud, and How ard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved , seconded by Alderman Smith to suspend the ru les and pla ce Ordinance 1341 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing, Ri nker , Stroud, and Howard vo ted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1341. Alderman Smith moved , seconded by Al derman Stroud to further suspend t h e rul es and pla ce Ordinance 1341 on THIRD and FINAL READING. ROLL CALL: Aldermen Elli o tt , Smith , McCleary, Sansing , Rinker , S tr o u d , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Att orne y Bamburg read the heading of Ordinance 1341. Alderman Stroud moved , seconded by Alderman Smith that Ordinance 1 341 b e APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith , McCle ary , Sans i ng , Rinker , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED, AND NUMBER 1341 THIS 26t h DAY OF JUNE 2008. APPOINTMENT(S): ANNOUNCEMENT ( S) : ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :17p .m . MOTION CARRIED . Respectfu lly, 5 (.jC074 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting July 17, 2008 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 Fire Department Police 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 : a . Regular City Council Meeting June 26 , 2008 Regular City Council Meeting June 5, 2008 Regular Monthly Report/June (C ity Planner Chip McCulley) Regular Monthly Report/June (Fire Chief John Vanderhoof) Regular Monthly Report/June (Police Chief Gary Sipes) Regular Monthly Report/J une (Public Works Director Jim Oakley) Request to accept Bid : Drainage Improvements (Mayor Swaim) ORDINANCE 1343 (#1 0-08) Reclassifying property general location Hwy . 67/167 (Legacy Development) (Mayor Swaim) b . FINAL PLAT: The Meadows (Mayor Swaim) c. FINAL PLAT: Foxwood Estates (Mayor Swaim) Regular City Council Meeting July 17 , 2008 AGENDA continued : PLANNING COMMISSION continued: 14 . GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT d. FINAL PLAT: Foxwood Commercial Subdivision (Mayor Swaim) a . b. c. SECOND READING : ORDINANCE 1340 (#7-08) Condemning structures and real property at various locations in the City of Jacksonville (Mayor Swaim) ORDINANCE 1342 (#9-08) Creating JMC §5 .06 defining and regulating sexually oriented business; amending JMC §18 .56 .025 and 18.60.030 (Alderman Elliott) ORDINANCE 1344 (#11 -08) Creating JMC §2.88 .045 allowing cost of living increase under the Jacksonville Municipal Officials ' Retirement Trust (Mayor Swaim) PROCLAMATION PRESENTATION : Annual National Night Out August 5, 2008 c .J0075 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17 , 2008 7 :00 P.M . -7 :30 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Counc il of the Ci ty of Jacksonville , Arkansas met i n Regular Session on July 1 7 , 2008 a t the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the "Pledge o f Allegiance" to t he flag . ROLL CALL: Aldermen : Elliott , Smith , McCleary, Sansing , Ray , Ri nker , Fletcher, S troud , Twitty, and Howard answered roll ca ll . Mayor Swaim also ans wered ROLL CALL declaring a quorum . PRESENT TEN (1 0), ABSENT (0). Others present for the meeting were : City Attorney Robert Bamburg , Deputy City Clerk Lynet te Culpepper , Director of Administration Jay Whisker , Public Works Director Jim Oakley , Human Resource Director Jil l Ross , City Planner Ch ip McCulley, Fire Chief John Vanderhoo f , Systems Administrator Barbara Daniel , Parks and Recreation Director George Biggs, CDBG Directo r Theresa Watson , Police Chief Gary Sipes , Mrs. Addie Gibson , Mr. Murice Green, Mr. Larry Smith , Mr . Tommy Bond , interested citizens , and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of June 26 , 2008 for app roval 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 June 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved , seconded by Ald erman McCleary to approve the Regular Monthly Report for June 2008. Said report reflects: PERMITS/LICENSE ISSUED Building Permits Busines s License UNSIGHTLY & UNSANITARY 29 1 2 Grass Let t ers 213 Property Mowed 66 Trash Letters 68 Trash Removal 2 Property Maint. Letters 12 Cost $4 ,050.00 CITATIONS 1 INSPECTIONS PREFORMED Building Inspecti ons Ele ctrical Plumbing Electr i cal VEHICLES Notice of Noncompliance Towed CONDEMNATIONS S tructural Maint . Letters Structural Repairs Made Demolitions WARRANTS Arrest Search 1 84 89 65 41 6 2 0 0 0 0 0 REGULAR MONTHLY REPORT/FIRE DEPARTMENT 0 ""\0.0 7 r-~, .• ..] ".._! I CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17 , 2008 7:00 P .M. -7:30 P .M. Alderman Ray moved , seconded by Alderman McClea r y to approve the Regular Monthly Report fo r Jun e 2008 from the Jacksonvi lle Fire Department , which reflects a fire loss of $5,000 and a savings total of $15,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray mo ved , seconded by Alde rman McCleary to approve the Regular Monthly Rep ort for June 2008. Report reflects the Total Va l ue of Reported Stolen P r operty $158 ,786. Total Value of Recovered Sto len Property $39,761 and Total Report Sales $1 ,135. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved , seconded by Alderman McC le a r y to a pprove the Regu l a r Monthly Animal Control Report for June 2008. Said report reflects : ADOPTION/FINES: CONTRIBUTIONS: TOTAL: $3 ,325.00 $ 2 25 .00 $3 ,550.00 ROLL CALL : Aldermen: Elliott , Smith , McCleary , Sansing , Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POL I CE DEPARTMENT : Re quest to accept bid : Drainage Improvements Mayor Swaim re lated that bids were opened today and made ava il able f or the meeting . He stated that the bid contains two separate drainage project awards . He related that the low bidder for the Northeastern Avenue and Woodbriar Drive projects was Burkhalter Technical in the amount of $121 ,2 0 0 and $55 ,550 . He stated that the projects were budgeted in S t reet Department Funds . Al derman Sm i th moved , seconde d by Alder man Stroud to accept the low bid from Burkhalter Tec hnic al as prescribed. Discussion ensued and i t was c l ar i fied t h at these projects would n ot affect drainage conditions in the Graham Settlement Subdivision . Mayor Swaim explained that the Northeastern Avenue project addresses redirecting water away from the intersection at Northeastern and T. P. White Drive , saying that the boxes in that location would be rep l aced . He t h en added that there are boxes in the Woodbriar Subdivi sion that would also be replaced. Public Works Director Jim Oakl ey related that the Nort heastern project would replace pipes tha t have rusted , noti n g that if they were not replaced the road would give way , adding that pipes would also be replaced in t he Woodbriar project . 2 At this time , MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7:00 P.M . -7 :30 P .M. Mayor Swaim related that the Loop Road drainage project i nvolves the Stonewal l Ditch , noting that after many drainage improveme nt s the Stonewall Subdivision experien c es almo s t no flood i ng and further explaining that t h is p r oject p r o pose s to constr u ct a concrete bottom and four f oot concrete walls i n the Stonewall Ditch from T .P. White past Northgate Drive . He related that the low bidder was Buildi ng & Utility Contractors in the amount of $354 ,710 . Alderman Elliott moved, seconded by Alderman Stroud to approve the low bid from Building & Utility Contractors in the amount of $354 ,710 with funds to be drawn from budgeted Drainage Funds . MOTION CARRIED . STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION : a . ORDINANCE 1343 (#10-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION : BEAN FIELD (HWY. 67/167); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES . Mayor Swaim noted t hat the affected p rope rty is the Legacy Development a .k.a the bean field . Alderman Stroud moved , seconded by Alderman Ray t hat Ordinance 1343 be placed on FIRST READING . ROLL CALL: Alde rme n Elliott , Smith, McCleary , Sansing , Ray , Rinker , Fletcher , Stroud, Twitty , and Howard vot ed AYE. NAY ( 0) . MOTI ON CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1343. Alderman Ray moved , seconded by Alderman Howard that Ordinance 1 3 43 be APPROVED on FIRST READIN G. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray , Rinker, F l etcher , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1 343 on SECOND READING . ROLL CALL: Aldermen Ell i ott , Smith, McCleary , Sansing , Ray , Rinker , Fletcher , Stroud, Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1343 . Alderman Stroud moved , seconded by Alderman Smith to f u rther suspend the rules and place Ordinance 1343 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott , Smith , McCleary , Sansing, Ray , Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1343 . 3 CITY OF JACKSONVILLE {l :oo "'·g , ' ·.J I REGULAR CITY COUNCIL MEETING JULY 17 , 2008 7:00 P .M. -7 :30 P.M . Alderman Smith moved , seconded by Alderman Ray that Or dinanc e 1343 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Ellio t t, Smith, McC lea ry, Sansing , Ray, Rinker, Fletcher, S troud, Twit t y , and Howard voted AYE. NAY (0}. MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1343 THIS 17th DAY OF JULY 2008 . b. FINAL PLAT The Meadows Subdivision City Planner McCull ey related that the aspha l t is no t completed but t he developer has bonded for all street improvements in the amount of $208 ,000 . He then answered that all utilities are completed . Alderman Stroud moved, seconded by Alderman Smith to approve the Final Plat of The Meadows Subdivision. MOTION CARRIED. c . FINAL PLAT Foxwood Estates Alderman Elliott moved, Plat of Foxwood Estates. seconded by Alderman Ray to approve the Final MOTION CARRIED. It was clarified t hat the City of Jacksonvi lle has adop ted the minimum standard for 25 ' setbacks, recognizing that a de ve l o per has the option to increase setbacks if requested . Alderman Fletcher explained his concern with completion of utili t ies , noting a circumstance in StoneRi dge Subdi v ision whe re a utility had t o bore under s i dewalks fol lowing the comple tion of bu ilding, which tore up completed sewe r serv i ce l ine s . City Planner McCulley informed the City Council that Foxwood Estates and the Foxw ood Commer cial Subdivis i on have submi tted a bond regarding asp h alt and stree t i mprovements . d . FINAL PLAT Foxwood Commercial Subdivision Alderman Smith moved, seconded by Alderman Ray to approve the Final Plat of Foxwood Commercial Subdivision. MOTION CARRIED . GENERAL: a . SECOND READING ORDINANCE 1340 (#7-08) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECT, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS, DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1 340 has been removed from the agenda and wil l be ava i lab le for second readi ng a t t he August 7th regu l ar ly scheduled Ci ty Council mee ting . 4 f'\\f'.Q80 ...... 'J v b . ORDINANCE 1342 (#9 -08) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7 :00 P.M . -7:30 P.M. AN ORDINANCE CREATING JMC §5. 06; DEFINING AND CLASSIFYING A SEXUALLY ORIENTED BUSINESS; MAKING A SEXUALLY ORIENTED BUSINESS A CONDITIONAL USE; PROVIDING RESTRICTIONS ON THE LOCATION OF A SEXUALLY ORIENTED BUSINESS ; PROVIDING PENALTIES FOR VIOLATIONS ; AMENDING JMC §18. 56 . 025 AND 18 .60 .030 ; AND , FOR OTHER PURPOSES . Alderman Elliott related that Ordinance 1342 is being proposed as a protective measure for the citizens of Jacksonville , noting that several surrounding cities have already adopted similar ordinances. He explained that the Courts have ruled by the Second Amendment that sexually oriented businesses can not be outlawed , but cities can adopt ordinances to control where they are located and how they operate to limit the secondary effects. He stated that Ordinance 1342 would regulate where such a business can b e located . Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1342 be placed on FIRST READING. ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing, Ray , Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1342 . Alderman Stroud moved, seconded by Alderman Smit h that Ordinance 1342 be APPROVED on FIRST READING . Alderman Sansing voiced concerns regarding some of the listed definitions ; not i ng the definition for "Escort Agency", saying that if there is a problem with an escort agency being involved in illegal activities it would be a matte r for the Police Department to address. He stated that he is concerned that a legitimate agency might b e painted with a bad brush . He then stated concern over the inclus ion of "Nude Model Studio", questioning if the City Counci l is trying to legi slate art. He stated that while it is not in the City of Jacksonville, in painting classes where they conduct studies of the human body, they paint nudes . He questioned if those studios would have t o go through the same conditional problems as if they were a sexually oriented business . Alderman Elliott concurred that under this ordinance they would be regulated in the same manner. Alderman Sansing stated that he feels that gets into legislating art and it could be a problem if a legitimate art s t udio were to come to town . Alderman Elliott stated that the ordinance wou ld not prohibit such activity but it would regulate whe r e such a business cou l d be located . ROLL CALL: Fletcher , CARRIED . Aldermen Elliott, Stroud , Twitty , and Smi t h , Howard 5 McCleary , Sansing, voted AYE . NAY Ray , ( 0) • Rinker , MOTION OJO OS1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7 :00 P .M. -7:30 P .M. Alderman Smith moved, seconded by Alderman McCl eary to suspend the ru l es and place Ord i nance 1342 on SECOND READING. ROLL CALL : Aldermen Elliott , Smith, McCleary , Sansing , Ray, Rinker , Fletcher , Stroud, Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the h eading of Ordinance 1342 . Alderman Stroud moved , seconded by Alderman Smith to further suspend the rules and place Ordinance 1342 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott , Smith , McCleary , Sansing , Ray , Rinker , Fletcher, Stroud, Twitty , a n d Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1342. Alderman Smith moved , seconded by Alde rman Ray that Ordinance 1342 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott , Smith , McCleary , Sansing , Ray , Rinker , Fletcher, Stroud, Tw i tty , and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1342 THIS 17 th DAY OF JULY 2008 . c . ORDINANCE 1344 (#11-08) AN ORDINANCE CREATING JMC §2.88 .045 ; ALLOWING FOR COST OF LIVING ALLOWANCES IN RETIREMENT BENEFITS FOR A MAYOR UNDER THE JACKSONVILLE MUNICIPAL OFFICIALS RETIREMENT TRUST ; AND , FOR OTHER PURPOSES . Al derman Stroud moved , seconded by Alderman Ray that Ordinance 1344 be placed on FIRST READING . ROLL CALL: Alde rmen Elliott , Smith , McCleary , Sansing, Ray , Rinker , Fle t che r, Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon Ci t y Attorney Bamburg read t h e heading of Ordinance 1344 . Alderman Stroud noted that the Ordinance locks the cost of l iving allowance at 3% or below , saying that as in the past there have been more than 3 % i nc r e ases, add ing t hat he i s not sure i t should be tied to a speci f i c numb e r. Mayor Swaim clarified that there is no option because it is ma n dated by State Law . He noted that the Law was adopted in 2007 and does not offer an option to change . Alderman Sm i th moved , seconded by Alderman McCleary that Ordinanc e 1344 be APP ROVED on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McC l eary, Sansing, Ray , Rin k e r, Fletcher, Stroud , Twitty , and Howa r d voted AYE . NAY (0). MOTION CARRIED . Alderman Strou d moved , secon ded by Al derman Ray to suspend the rules a nd place Ordinance 1344 on SECOND READING . ROLL CALL : Aldermen El li ott , Smi t h, McCleary , Sansing , Ray , Rin ker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Wh e reupon City Attorney Bamburg r ead the heading of Ordinance 1344 . 6 OJC082 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 17, 2008 7 :00 P .M. -7:30 P .M. Alderman McC l eary moved, seconded by Alderman Ray to f urther suspend the rules and place Ordinance 1344 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott , Smith , McCleary, Sansing , Ray , Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1344. Alderman Howard moved, seconded by Alderman Ray that Ordinance 1344 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing , Ray , Rinker , Fletcher, Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1344 THIS 17 th DAY OF JULY 2008. APPOINTMENT (S) : ANNOUNCEMENT(S): PROCLAMATION PRESENTATION FOR ANNUAL NATIONAL NIGHT OUT Po l ice Chie f Gary Sipes announced that the Annual Nationa l Night Out would be held August s ch , saying t ha t it is an opportunity fo r ne ighbors to come out and meet one another and to affirm that the neighborhood is standing together as a community agains t crime. He stated that the Police Department would sponsor a cookout for the event at the CRC building at Galloway and Wilson Street from 6 : 00 p.m . to 9 : 00 p.m . He encouraged everyone to attend . He then answered that the event has been announced in both local papers and there is a banner on front of the CRC building . He then announced that the f i rst Citizens Po l ice Academy would b e gin September 2 , 2008 and go through eight weeks from 6 :00 p.m . to 9:30p.m . Alderman Ray voiced conce r ns for the lack of water service being made available to the houses on East Valentine Road . He noted that after a certa i n amount o f time following being a nnexed int o the City, i t is reasonable to expect City services . He also noted that East Valentine was once again , excluded from the asphalting list. Mayo r Swaim suggested that Alderman Ray meet with City Planner Chip McCulley and Director of Administration Jay Whisker to discuss issues involving East Valentine Road. Mayor Swaim then noted that the cost of asphalt has risen to approximately $80 .00 per ton, which has caused the list to get smaller as costs have risen . He stated that the City budgets approximately $250,000 annually to repair City streets and now the list is one third of what is was ten years ago. Alderman Sansing and the rest of the members of the City Council joined in commending the North Pulaski Leader as recipients in recent State awards . 7 CITY OF JACKSONVILLE O'i(\08" .J l) .::) REGULAR CITY COUNCIL MEETING JULY 17 , 2008 7 :00 P.M. -7:30 P .M. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :30p .m . MOTION CARRIED . Respectfu lly , 8 000 084 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting August 7 , 2008 7:00 p.m. 1. OPENING PRAYER : 2. ROLL CALL: 3 . PRESENTATION OF MINUTES : 4 . APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: Engineering 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 a. Regular City Council Meeting June 5 , 2008 Regular City Council Meeting July 17 , 2008 Regular Monthly Report/July (City Planner Chip McCulley) Regular Monthly Report/July (Public Works Director Jim Oakley) Request to Accept Bid: Refurbish Fire T ruck (Mayor Swaim) b. Request 10% match funding for Firefighters Assistance Grant (Mayor Swaim) c . Request to Accept Bid : Expansion & Remodel for Fire Station No . 4 (Mayor Swaim) Request to Accept Bid : Asphalt & Overlay for 2008 (Mayor Swaim) SECOND READING: ORDINANCE 1340 (#7-08) Condemning structures and real property at various locations in the City of Jacksonville (Mayor Swaim) CITY OF JACKSONVILLE O:J C08 5 REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7 :00 P.M. - 7 :31 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 7, 2008 at the regular meeting place of the Council . Alderman Stroud delivered the invocation and Miss Genevieve Wilson led a standing audience in the "Pledge of Allegianceu to the flag. ROLL CALL: Aldermen: Elliott , Smith , Sansing , Ray, Rinker, Fletcher , Stroud , Twitty, and Howard answered roll cal l. Mayor Swaim also answered ROLL CALL declaring a quorum . PRESENT NINE (9 ), ABSENT (1 ). Aldermen McCleary was out of town. Others present for the meeting were: City At t orney Robert Bambu rg , Director of Administration Jay Whisker, Public Works Di rector Jim Oakley , Human Resource Director Jill Ross, City Planner Chip McCulley, Finance Director Paul Mushrush , Fire Chief John Vande rhoof, Police Ch i ef Gary Sipes , Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs . Judy Swaim, Mrs . Helen Stroud, Mrs . Edith Smith , Mrs . Addie Gibson , 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 June 5 , 2008 for approval and/or corre c tion at t he 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 17 July 2008 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved , seconded by Alderman Stroud to approve the Regular Monthly Report for June 2008 . Said report refl ects : PERMITS/LICENSE ISSUED Building Permi t s Business License UNSIGHTLY & UNSANITARY Grass Lette r s Property Mowed 19 9 159 38 Trash Letters Trash Removal Property Maint. Cost 57 1 Letters 5 $2,491.00 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR VEHICLES Notice of Noncompliance T owed CONDEMNATIONS Structural Mai n t . Letters Structural Repairs Made Demolitions 1 54 75 57 4 5 12 1 0 16 0 0 ------ 0 00 086 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7 , 2008 7 :00 P .M. -7:31 P.M. CITATIONS Debris & open storage Property maintenance 4 1 WARRANTS Arrest Search REGULAR MONTHLY REPORT/ANIMAL CONTROL 0 0 Alderman Elliott moved, seconded by Alderman Regular Monthly An imal Contro l Report for refl ects: Stroud to June 2008. approve the Said report ADOPTION/FINES : CONTRI BUTI ONS : TOTAL: $2 ,980 .0 0 $ 35 1. 00 $3,331 .00 ROLL CALL : Aldermen: Elliott, Smith, Sansing , Ray, Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT: a. Request to accept bid to refurbish fire truck Mayor Swaim related that the fire truck is 15 years o l d , explaining that the engine was replaced less than a year ago and it would be prudent to refurbish the f i re truck rather than encompass the great expense of replacing. Chief Vanderhoo f related that it is the ladder portion o f the that would be refurbished, replacing the gears and hydraulics. that it would exclude the chassis . He then agree d with Mayor a larg e portion of the refurbishment would be the electron i cs. fi r e truck He stated Swaim that Alderman St r oud confirmed with Mayor Swaim that a n ew f ire truck would cost slightly over 1 mill i on dollars. Alderman Ray moved, seconded by Alderman Stroud to approve the low bid from Pro-Fire Equipment in the amount of $270,772 .35 with funds to be drawn from budgeted funds. MOTION CARRIED . b . Request 10% match funding for Firefighters Assistance Grant Chief Vanderhoof informed the City Council that the Fire Department had applied for the 2008 FEMA grant and was approved; he re lated that the Federal share would be $49 ,4 1 9.00 and the City share would be $5 ,4 9 1 .00 . He stated that the Fire Department anticipates purchasing 1) a fit testing machine that wi ll fit test firefighters mask for proper fit and seal, 2) fi ref ighter mask , 3) an Instant Command Simulation System , a comp u terized command system for training stra tegies and tactics regarding an interactive simulated f ire . In response to a question posed by Alderman Stroud , Chief Vanderhoof answe red that the Fire Department has received approx i mately 1 .3 million dollars in grants. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P .M. -7:31 P.M . Alderman Ellio t t commended the Fire and Police Department 's staff for writing and being awarded so many grants . Other members of City Council echoed those comments. Alderman Stroud mov ed , seconded by Alderman Smith to approve 10% match funds in the amount of $5,491.00 for the FEMA FY 2008 Assistance to Firefighters Grant with funds to be drawn from the Fire Department Equipment fund . MOTION CARRIED . c. Request to accept bid for expansion & remodel of Fire Station No. 4 Mayor Swaim n oted that Fire Station No . 3 was remodeled last year and the Fire Department has advertised for bids to remodel Station No. 4 . Chief Vanderhoof re l ated that the Fire Stations were constructed in 1978 , explaining that living quarters were very crowded. He reminded City Council that Fire Station No. 2 had also been remodeled seve ra l years ago , followed by Station No. 3 last year to provide more adequate l iving space and accommoda t e future staffing. He stated that S t ation No. 4 on Hwy. 161 is the last station to be remodeled . He related that it is a 2008 b u dgeted item , the b i ds have r eturned and the low bid of $240 ,4 50.00 is satisfactory. Mayor Swaim cla rified that the Ci ty is comfortab l e with the l ow bidders quality of work . Alderman Elliott moved, seconded by Alderman Howard to approve the low bid from Clements & Associates Architectural , Inc . in the amount of $240 ,450 .00 with funds to be drawn from budgeted funds. MOTION CARRIED. POLICE DEPARTMENT : STREET DEPARTMENT: and street striping Request to accept bid for the 2008 asphalt overlay Mayor Swa i m noted the significant increase in asphalt prices , he had been discussing with Public Works Director Jim possibility of delaying asphalt overlay for one year . adding that Oakley the Public Works Director Jim Oakley related that the low bid came in at $90 .00 per ton , and the next lowest bid was $1 1 0 .00 . He stated that currently there are factors that affect the price of asphalt, noting a shortage of A.C . oil. He recommended that the City not asphalt this year and use the money in the fund balance for next year, adding that he feels the price will decrease by 20% (or $50 ,000.00) for next year. He stated that he has evaluated the City streets and estimated that only minor repairs, such as potholes would need to be repaired o ver the year . He related that because of the ongoing comprehensive ove rlay program, the City streets are in good shape . 3 000088 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7 , 2008 7:00 P .M. -7:31 P.M . Mayor Swaim stated that the City is on a rotating street overlay program, explaining that streets are overlaid before they begin to fall through , adding that he confirmed with Publ i c Works Di rector Jim Oakley that there were no areas of potential necessity. He noted that within t h e last month there has been a strange shortage in the products used to make asphalt, which has significantly increased the price. He stated that he was anticipating $78 per ton and it incr eased to $89 plus. He stated that it would be a gamble to predict a pr i ce reduction , but feels along with Director of Administration Jay Whisker and Public Wo rks Director Jim Oakley that it is worth the risk . Alderman Ray concurred, saying that the City streets are in good shape. It was the consensus of the City Council to remove the aspha l t overlay and street striping bid from the agenda. Mayor Swaim stated that a larger program would be considered for next year. Public Works Director Jim Oakley briefly informed the City Council of a dog biting incident involvi ng a younger child that was bitten in t he face and to his understanding the child would requ ire plastic surgery . He related that the dog was not registered with the City and that issue is being addressed . SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL : ORDINANCE 1 340 (#7 -08) SECOND READING AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE , ARKANSAS , FOR STRUCTURAL DEFECTS , DEFICIENCIES , AND PUBLIC HAZARD CONDITIONS ; AND, FOR OTHER PURPOSES . Alderman Stroud moved , seconded by Alderman Ray t o place Ordina n ce 1340 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ri nker , Fletcher , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Clerk Susan Davitt read the head i ng of Ord ina nce 1340. Alderman Stroud noted that Code Enforcement has been involved with one of the properties for approximately three years. He added that he also feels there are many other properties that need to be on a condemned list . He related that he had spoken with Code Enforcement today and lea r ned that t here are an additional 18 properties that cou ld be considered for the list . He relat ed his efforts through the Council to approve signs being placed in yards stating that the property is being con.sidered for condemnation. He Btated that City Attorney Bamburg and Municipal League Att orney Mark Hays were not in favor of that avenue , 4 CITY OF JACKSONV I LLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P .M. - 7 :31 P.M. noting that firstly, the property owner should be notified that the property is in violation of Code. He related that Mark Hays had advised that the list coul d be as long as necessary and condemnations can be worked from the list. He asked City Council to instruct Code Enforcement to develop a condemnation list regardless of number and notify the property owners , offering a longer lead-time to perform repairs . He stated that the property owners should either bring the property up to Code , or sell the property to someone who wi ll bring it up to Code, or they could donate it to the City as a tax write-off. He noted that if the property is condemned and torn down by the City, there wou l d be a lien on the property. He noted a long h i story of efforts by the City to improve housing, making it more adequate and affordable . He related situations where residents are living without electricity or proper plumbing. He stated that the City must be stricter to improve housing , saying that it is the City 's responsibility to improve property values . He stated that his recommendation would be to instruct Code Enforcement to create the list and work off the list. Alderman Smith stated his support for creating a list and havi ng Code Enforcement work the worst houses on the list. Alderman Howard stated that he bel i eves the Police Department has started a list regarding problem properties . It was also noted that they have a list of the vacant properties . Mayor Swaim concurred, saying that ther e are some problems in the Sunnyside Addition, but does not feel it is a widespread problem for the whole City . He stated that Jacksonville has some areas that need attention and the Ci ty is working in those areas. He stated that he did not want there to be any confusion that this is a problem for the whole City. He stated that the City currently works from a list , noting the time involved with the legal condemnation process . He acknowledged that the City has to be correct in the way they approach property owners regarding confirmed Code vio l ations resulting in condemnation . He noted that there are criteria for condemnation. Jacksonville resident Mike Wilson addressed the City Council concurring with Alderman Stroud , and noting his interest in one property that is not on the condemnat ion list but shou l d be because it is a burnout . He stated that his interest in this property is because it is adjacent to property he owns . He stated that City Council could rezone properties to make them more valuable for people who are interested in developing the properties. He related that he is an interested person in Jac k sonville because he was born here and owns property in Jacksonville . He stated that while the list would offer lead-time he feels the people who would be placed on the list are aware of the condition of their property. Alderman Stroud thanked Mr. Wilson for his input , saying that most of the problems stem from landlords. He then noted that CDBG h as funds 5 OJC090 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7 :00 P.M . - 7 :31 P.M . available for homeowners. He stated that he is not referring to house painting issues but houses that are "eye soresu that are not repairab le . Alderman Fletcher recalled the Long Range Planning sessions conducted at the Community Center , saying that the issue he brought up that he felt did not receive proper attention was the issue of aged ho using. He stated that he feels this is the real problem when discussing the h ouses in Sunnyside. He stated that the houses are almost 70 years old and were originally built as a temporary solution to an immediate need regarding the Ordinance Plant days. He continued saying that the houses we r e not constructed to last this long , adding his surprise that some of the houses have lasted . He mentioned the earlier formation of a Renter's Association , noting that he agrees that the largest problem is landlords. He stated that he feels private homeowners a re doing the best they can and we as a City need to look at grants, which is an ongoing avenue offered by the City . He stated that he also felt that comme r cial property would need to also be considered regarding ongoing efforts. He stated that long-range plans regarding aged housing ne e d to be addressed , saying that just because a house is older it need not look bad . He conclude d saying that it would take a collaborated effort with special attention to landlords. In response to a question posed by Alderman Smith , City Planner McCulley stated that the property addressed as 1308 South Highway 161 qualifies to be removed from the list, citing significant improvements to t he property which Code Enforcement feels the house will be completed within thirty days . Alderman Fletcher moved, seconded by Alderman Stroud to amend Ordinance 1340 to remove property addressed as 1308 South Hwy . 161 from the list . ROLL CALL: Aldermen Elliott, Smith , Sansing , Ray, Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Stroud moved , seconded by Alderman Smith to suspend the rules and place Ordinance 1340 as amended on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing , Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY ( 0) MOTION CARRIED . Whereupon Ci ty Clerk Susan Davitt read the heading of Ordinance 1340. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1340 be APPROVED AND ADOPTED as amended . ROLL CALL: Aldermen Elliott, Smith , Sansing, Ray, Rinker, Fletcher , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1340 THIS 7 th DAY OF AUGUST 2008. Discuss i on ensued regarding the length of t i me a burned o ut house can sit without improvements and it was clarified that the time is one year . 6 APPOINTMENT (S) : ANNOUNCEMENT ( S) : ·OJ 0 091 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7 , 2008 7:00 P .M. -7:31 P .M. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :31 p.m . MOTION CARRIED. Respectfully, 1. Dav;L tt Clerk-"'freasurer 7 OJ Q0'.12 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 August 21, 2008 7:00p.m. Regular City Council Meeting August 7, 2008 Regular City Council Meeting July 17 , 2008 Regular Monthly Report/July (Chief Gary Sipes) Regular Monthly Report/July (Chief John Vanderhoof) 7. WASTEWATER DEPARTMENT: ORD INANCE 1345 (#12-08) Waiving Competitive Bidding 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. for purchase of an upper bearing assembly for internalift pump (Mayor Swaim) ORD INANCE 1346 (#13-08) Authorizing purchasing agreement with HGAC Purchasing Services (Mayor Swaim) ORDINANCE 1347 (#14-08) Reclassifying property south of Bible Baptist Church adjacent to 3301 North First and bordered by Woolfort Street (Mayor Swaim) RESOLUT ION 615 (#8-08) Expressing support for the creation of an independent school district (Mayor Swaim) b. PRESENTATION: 2007 CAFR and Audit Report by McAllister and Associates (Mayor Swaim) 0J0093 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7 :00 P .M. -7 :36 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 21, 2008 at the regular meeting place of the Council . Alderma n Howard delivered the i nvocation and Vice Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to t he flag. ROLL CALL: Aldermen: Smith, McC l eary, Sansing, Ray, Rinker , Stroud, Twitty, and Howard answered roll cal l. Vice Mayor Fletcher also answered ROLL CALL declaring a quorum . PRESENT NINE (9), ABSENT (1). Alderman Elliott was out of town. Others present for the meeting were : City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley , Human Resource Director Jil l Ross, Assistant Finance Director Cheryl Erkel, City Planner Chip McCulley, Finance Director Paul Mushrush , IT Systems Director Barbara Daniel , Wastewater Utility Manager Thea Hughes, Fire Battalion Chief Eddie Hill, Police Chief Gary Sipes , Parks and Recreation Director George Biggs, Mrs. Sandra Sansing , Mrs . Helen Stroud, Mrs. Addie Gibson, Mr. Larry Smith , Mr. Michael Wilson , Miss Genevieve Wilson, Mr. Rory Smith , interested citizens , and members of the press . PRESENTATION OF MINUTES: Vice Mayor Fletcher presented the minutes of the regular City Council meeting of August 7, 2008 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 17 July 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Al derman Howard to approve the Regular Monthl y Report for July 2008. Report reflects the Total Value of Reported Stolen Property $153 ,826. Total Value of Recovered Stolen Property $31,577 and Total Report Sa l es $991. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Howard to approve the Regular Monthly Report for July 2008 from the Jacksonvil l e Fire Department, which reflects a fire loss of $567,400 and a savings total of $268,000 . ROLL CALL : Aldermen : Smith , Twitty, and Howard voted AYE. WATER DEPARTMENT: McCleary, Sansing, MOTION CARRIED . 1 Ray, Rinker , Stroud, OJC094 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21 , 2008 7:00 P.M . - 7 :36 P .M. WASTEWATER DEPARTMENT : ORDINANCE 1345 (#12-08) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF AN UPPER BEARING ASSEMBLY FOR USE ON THE INTERNALIFT PUMP FOR THE JACKSONVILLE WASTEWATER UTILITY ; AND, FOR OTHER PURPOSES . Alderman Ray moved, seconded by Alderman Smith to place Ordinance 1345 on FIRST READING . Wastewater Utility Manager Thea Hughes explained that the purchase is to replace a 20-year-old bearing used for the large pumps . She explained that the manufacturer is the so l e source for this part. She t h en answered that there are six large pumps and this is the first bearing to be replaced . ROLL CALL : Aldermen Smith, McCleary , Sansing , Ray , Ri nker , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Where u pon City Attorney Bamburg read the heading of Ordinance 1345 . Alderman Ray moved, seconded by Alderman McCleary to approve Ordinanc e 1345 on FIRST READING. ROLL CALL: Aldermen Smith, McCleary , Sansing , Ray , Rinker , Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Sansing moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1345 on SECOND READING. ROLL CALL: Aldermen Smith , McCleary , Sansing , Ray , Rinker , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTI ON CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1345 . Alderman Smith moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1345 on THIRD and FINAL READING . ROLL CALL: Aldermen Smith, McCleary , Sansing, Ray, Rinker , Stroud , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 345 . Alderman Stroud moved , seconded by Alderman Howard that Ordinance 1345 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott , Smith , Sans i ng , Ray , Rinker , Fletcher , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBERED 1345 THIS 21sT DAY OF AUGUST 2008. FIRE DEPARTMENT : ORDINANCE 1346 (#13-08) AN ORDINANCE AUTHORIZING THE MAYOR AND/OR HIS DESIGNATED REPRESENTATIVE (S} TO ENTER INTO A CONTRACT ON BEHALF OF THE CITY OF JACKSONVILLE AND ITS FIRE DEPARTMENT WITH HGAC PURCHASING SERVICE ; AND, FOR OTHER PURPOSES. 2 O.J 00 95 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7:00 P .M. -7 :36 P .M. Alderman Ray moved, seconded by Alderman Smith to place Ordinance 1346 on FIRST READING . Battalion Chief Eddie Hill explained that HGAC purchasing service is a group purchasing organization (GPO), explaining that HGAC stands for "Houston , Galveston Area Counciln which consists of 13 different cities and 35 elected officials that participate in bidding for various types of equipment purchased by municipalities. He stated that the Jacksonville Fire Department is interested in the fire engines and ladder trucks, which they can procure at a substantial savings. He stated that it is similar to a state-bid process . City Attorney Bamburg pointed out that not only does it provide purchase opportunities for the Fire Department, but also there are purchase possibilities for the Police, Street , and Parks Depart ments. He noted that the Ordinance secures this option for all departments. He explained that there would not be a necessity to bid regarding those items that can be procured through this system. In response to a question posed by Vi ce Mayor Fletcher , Battalion Chief Hill related that the purchase price for a fire engine through ProFire was $279 ,022 .79 with an expected price incr ease in January. He stated that the same vehicle through HGAC was $248,000 .00 , which is a substantial savings. He then answered that the Fire Department is mostly interested in the vehicles. ROLL CALL : Aldermen Smith , McCleary , Sansing, Ray, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED. Attorney Bamburg read the heading of Ordinance 1346 . Rinker , Stroud , Whereupon City Alderman Stroud moved , seconded by Alderman McCleary to APPROVE Ordinance 1346 on FIRST READING . ROLL CALL: Aldermen Smith, McCleary, Sansing , Ray, Rinker, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1346 o n SECOND READING. ROLL CALL: Aldermen Smith , McCleary, Sansing , Ray , Rinker, Stroud, Twitty, and Howard voted AY E . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1 346. Alderman Smith moved , seconded by Alderman Ray to further suspend the rules and place Ordinance 1346 on THIRD and FINAL READING. ROLL CALL : Aldermen Smith, McCleary, Sansing, Ray, Rinker, Stroud, Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1346 . 3 oorogs CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7:00 P.M. -7:36 P .M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1346 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith , Sans ing, Ray, Rinker, Fletcher , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBERED 1346 THIS 215 T DAY OF AUGUST 2008. POLICE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: ORDINANCE 1347 (#14 -08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS [GENERAL LOCATION: PROPERTY SOUTH OF BIBLE BAPTIST CHURCH AND SCHOOL ADJACENT TO 3301 NORTH FIRST STREET AND BORDERED BY WOOLFORT STREET]; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND , FOR OTHER PURPOSES . Alderman Smith moved , seconded by Al derman Ray t o p l ace Ordinance 1347 on FIRST READING . City Planner McCulley related that the pet i tioner is propos i ng to rezone approximately 4 acres from R-1 , C-2, and R-4 to R-3 . He stated that the property is located on North First Street and that approximately 134 ' deep X 200 ' of frontage on North First will remain R-1 . He related that the property is wide enough for the petitioner to propos e 3 sin gle -famil y lots along North First . He noted that there is one existing single - family home currently on the property. He stated that approximately 3 .62 acres behind the R-1 property is being proposed for R-3 rezoning. He exp l ained that the developer is proposing that the R-3 p roper ty be developed as a one -lot multifami ly duplex development. ROLL CALL: Aldermen Smith, McCleary , Sansing, Ray , Twitty , and Howard vot e d AYE. NAY (0). MOTION CARRIED . Attorney Bamburg read the heading of Ordinance 1347 . Rinker , Stroud , Whereupon City Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 1347 on FIRST READING. ROLL CALL : Aldermen Smith , McCleary, Sansing, Ray, Rinker, Stroud , Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Alderman Smith moved , seconded by Alderman Sans i ng to suspend the rules and place Ordinance 1347 on SECOND READING . ROLL CALL: Aldermen Smith, McCleary , Sansing, Ray , Rinker , Stroud, Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Wh ereupon City Attorney Bamburg read the heading o f Ordinance 1 347 . 4 000097 CITY OF JACKSONVI L LE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7 :00 P .M. -7:36 P .M. Alderman Stroud moved , seconded by Alderman Ray to further suspend the rules and place Ordinance 1347 on THIRD and FINAL READING . ROLL CALL: Aldermen Smith , McC l eary, Sansing , Ray , Rinker , Stroud , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1347 . Alderman Stroud moved , seconded by Alderman Sansing that Ordinance 1347 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott , Smith , Sa n sing , Ray , Ri nker , Fletcher , Stroud , Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBERED 134 7 THIS 21 ST DAY OF AUGUST 2008 . GENERAL: a . RESOLUTION 615 (#8-08) A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF AN INDEPENDENT SCHOOL DISTRICT FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES . Alderman Stroud moved, seconded by Alderman Ray to read Resolution 615 (#8-09) . City Attorney Bamburg related that Mayor Swaim had been asked by the local o r ganization seeking an independent school d i strict , to pass an updated version of the Resol ut ion passed app r o x imately three years ago r equesting an independent schoo l district and urg i ng citizens to sign a pet i t i on to be submi tted to the School District. He stated that this Resolution is to further ongoing efforts in the quest to seek an independent school district. At this time MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Howard to approve Resolution 615 (#9-09) in its entirety . MOTION CARRIED . b. PRESENTATION of the 2007 CAFR and Audit Report Mr. Gerald Clark , a CPA with McAlister and Associates offered a brief presentation of the 2007 financial statements for the Ci t y, which included their audit opin i on . He noted that each me mber of the City Council should have received a copy of the City 's Comprehensive Annual Report, a l ong with an audit management letter . He noted th at additiona l ly , they prepared a handou t t i tled "F inancial Report Presentation", which high lights and summarizes the significa n t aspects o f the information contained in the report. 5 OJC:098. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21 , 2008 7 :00 P .M . - 7 :36 P .M. He began his review of the CAFR , saying "an external audit is an essential element in the process of accountability for public money ". He stated that an audit makes an impo r tant contribution toward the stewardship of public resources and services . He s t ated that the City's Comprehensive Annual Financial Report presented contains an abundance of information i n the form of economic overv iews by the City 's management , financial stat emen t s , analyses , and s tatis ti cal data that can be utilized to evaluate the City 's financial condition. He related that it consists of statements and representations prepared by the City 's management conce rni ng t he f i nances of the City , and is divi ded into 3 main sections: 1) an Introductory Section, 2) a Financial Sect ion , and 3) a Statistical Section. He related that an important part o f t he Financial Section is the Management 's Discussion and Ana l ys is i n which narrat i v e s , ove rv iews and analyses are provide d by t he City's management. He not ed that als o wi thi n th e Financ ia l Section are a couple of very important fi n a ncial statement s re ferred to as "Government -Wid e Financ i al Statements" -these are the Statement of Net Assets and the Statement o f Activities , found on pages 22 -25. He exp lained that these government -wide statements report info rm ation about the City as a whole using accounting methods similar to those used by private sector companies. The Statement of Net Assets and the Statement of Activities include all assets and liabilities using the accrual bas i s of accounting , wh ich again, is simi l ar to the accoun t i ng used by most private-sector companies . He relat ed that al l curren t year 's revenues and expenses are taken into account regardless of when cas h i s re ce ived or paid. These two government -wi de statements report the net assets and cha nges. He rel at ed that with in these governme nt-wi de financial statements , the City i s divided into three categories : • Fi rst , the Governmental activities -Mo s t of the City 's bas i c se r v ices are i ncluded such as the po lice , fire, public works , parks and re creati on and general adminis t rat i on . He s tated that sales , franch ise and other taxes, state and federa l grant s finance most of these activit i es. Secondly , the business -type activities -The City charges f ees t o help cove r the costs of service s it provide s, such as sanitation and emergency medical se rvices funds . Thirdly, the componen t units The City includes thre e discret el y presented component uni ts , which are separate legal entities, in i ts report these are the Jacks o n ville Water , Was t e wat er Utili tie s, and the Advertising and Promotion Commi ssion . He added that although legally separate , th ese component units are import ant because the City i s financially accountable for them. 6 CITY OF JACKSONVILLE oooog ~ REGULAR CITY COUNCIL MEETING AUGUST 21 , 2008 7 :00 P.M. -7:36 P .M. He related that at the end of the current fiscal year , the City is able to report positive balances in all three categories of net assets , both for the primary government as a whole and for its separate business-type activities. He pointed out that the same was true for fiscal year 2006 . He stated that their job as auditors is to p r ovide reasonable assurance that the financial statements contained in this report are free of materia l misstatements. He stated that their audit involved examining, on a test basis , evidence supporting the amounts and disclosures i n the financial statements . He stated that they assessed t he accounting principles used and significant estimates made by management , in evaluating the overall financial s tatement presentation. He stated that based upon their audit the y are rendering an unqualified opinion , the highest attainable, on the City 's financial statements for the year endin g December 31 , 2007 . He added that as part of the federally mandated "Single Audit" procedures, they have reported on the City's i n te rnal controls and compliance with legal requirements . He related t hat those reports indicate no significant deficiencies or ma te rial weaknesses i n relation to the City's internal control over financial reporting and compliance with the requirements of laws , regulations, contracts and grants, including those applicable to the Federal award programs . He stated that as a by -product of the audit process, they have issued a management letter regarding certain matters noted during the audit and discussed recommendations contained th erein with management in an ongoing effort to improve internal controls . He reviewed significant financial highl i ghts from the report, noting a table included in the handout that indicates tota l revenues on a citywide basis in 2007 as $34 .3 million, compared to $32 . 8 million in 200 6 . He pointed out tha t these amounts include the revenues of the City 's Water and Wastewater Util i ties. Expenditures were $27.8 million in 2007 , compared to $27 .0 million in 2006. Revenues , on a citywide basis , exceeded expenditures by $6 .5 million in 200 7 . He stated that net assets are one measure accountants use to judge a City's financial health , or financial position . He then added that increases or decreases in net assets are an indicator of whether the City 's financial health is improving or declining . He pointed out that at the end of 2007, the City's net assets were approximately $55 million , and that this number is divided into 3 parts : First , approximately $2 9 million represents the City 's investment in its capital assets 7 OJC1 00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7:00 P .M. - 7 :36 P .M. (land, buildings , infrastructure -such as roads, bridges, sidewalks, machinery and equipment). He explained t h a t the City uses these assets to provide services to citizens; as a r esult , these assets are not availab l e for future spending since capital assets cannot be used to liquidate liabil i t i e s. He related that another portion of the Ci t y 's net assets, approximately $11 mill i on , represent resour c es that have r estrict i ons on them (usually imposed by outside en t ities) as to how they may be used and the remaini n g balance , appro ximate l y $15 million i s considered unrestricted and may be used to meet the City 's obligat i ons to citizens and creditors in accordance wi t h the City's fund designations and financial policie s . He stated that the City 's total net assets increased by $3 .9 mil l ion in 2007 an 8% inc r ease over 2006 , which is a healthy inc r ease . He related that revenues i ncreased by 3. 2% over the previous year , while expenses were up only 2 . 5% for the year . He stat ed that the City of Jacksonville has to save fo r a "rainy day ", wh i ch means building the fund balance of the General Fund . He related that at the end of 2007 , the to t al fund balance of the General Fund was $3 .7 million compared to $3.2 million a t the end of 2006, an increase of approximately $500,000 . He stated that as a policy , the City 's minimum targe t at the e n d of a fiscal year for the fund balance of the General Fund is 60 days expenditures based on the most recent completed year . He rela t ed that this l evel of fund balance is requ i red because of the general cyclical nature o f cas h f l ow and t h e n eed f or li q u idity in case of a fi s ca l emergency. He noted that the re s ults from 2007 exceeded this pol i cy minimum, pointing o u t th e bal a nce on hand equated to 75 days or approximately 21% of the 2008 budgeted expenditures . He stated that a ll cit ies face f i nanc i a l chal l enges , however Jac k sonville still enjoys a favorable economic environment and local indicators point to stabi l ity in the long run. Adding , that in summary , the financial highlights pointed out are all positive trends that provi de evidence that t he City 's f inancia l condition was strengthened in 2007. He thanked key staff in the Finance Department under the leadership of Fi nance Direct or Paul Mushrush and Assistant Finance Director Cheryl Erkel for t heir help wit h t he report. He then expressed the i r appreciation to the Ci t y and the Council for 8 000101 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21 , 2008 7:00 P.M. -7:36 P.M. allowing them the opportunity to serve as the City 's audi t ors . He related that they value the business relationsh i p with the City of Jacksonville. In response to complimentary comments from Alderman Smith , Mr. Clark related that the City would be submitting the report for the award for excel lence in financial repor t ing again this year . It was noted that the City has received the award for the past 10 consecut i ve years. He stated that there is a good segregation of duties within the City , eliminating any problems with internal control . He then addressed an issue with competitive bidding, noting that the City had passed an ordinance in 2008 increasing the requ ired leve l of competitive biddi ng to $20,000.00 t o match State requirements. Vice Mayor Fletcher stated that the report speaks well of the City of Jacksonville and its responsible handling of t h e t axpayer funds. He noted that while many cities in Arkansas have suffered severe financial hardships t he City of Jacksonville is doing well . Alderman Stroud congratulated the Wastewater Ut i lity, acknowledgi n g a recently received award. Alderman Stroud moved, seconded by Alderman Howard to accept the 2007 CAFR as presented . MOTION CARRIED . Finance Director Paul Mushrush stated that the stat ements by Mr. Clark clarified the activities , wh i ch bring a l l the financial statements together. He revi ewed the expen dable fund balances, breaking down that $3.7 million of the $1 5 million in the General Fund, $2.1 in the Street Fund and $6 .7 million in the Capital Improvement Fund as those funds make up the Capital Improvement Plan . He noted that there is $1 million in the Library Construction Fund. He then noted t h e addition of a new "best practicesu item , expla i ning that it is a disaster recovery f u nd to provide ready resources in the event of a catastrophi c event. He pointed out that building and contents insurance is at replacement value, noting that would be an essential element to put the City back i n business as quickly as possibl e following a disaster . Vice Mayor Fletcher stated that this proves the point , that the leadership in Jacksonville is proactive , offer i ng its citizens an opportunity to be very proud of its leaders h ip. APPOINTMENT (S) : ANNOUNCEMENT ( S) : 9 OJ Gl02 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 21, 2008 7:00 P .M. -7:36 P.M. ADJOURNMENT: Without objection, Vice Mayor Fletcher adjourned the meeting at approximately 7:36p.m. MOTION CARRIED. Respectfully, ~~ (~i_!X _d erk-Treasurer 0 awvvv'i:i/ ~a.::., MAYOR TOMMY SWAIM 10 City Council Of Jacksonville, Arkansas AGENDA Regu lar City Council Meeting September 4 , 2008 7:00 p .m . 1. OPEN ING 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 . F IRE 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 August 21, 2008 Regular City Council Meeting August 7, 2008 RESOLUTION 616 (#9-08) Supporting the creation of a Charter School in the City of Jacksonville (Mayor Swaim) b. DISCUSSION: ORDINANCE 1348 (#15-08) Modifying JMC §17 .12.125, §17.12.110(2), and §17 .12.010(24) regarding acceptance of a letter of credit for developers (Mayor Swaim) o.Jo1o3 OJC104 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7 :00 P .M. -7 :20 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville , Arkansas met i n Regular Session on September 4, 2008 at the regular meeting place of the Council. Alde rman Stroud delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegian ce" t o the flag. ROLL CALL: Aldermen: Elliott , Smith , McCleary , Sansing , Ray , Rinker , F l etcher , Stro ud , Twitty , and Howard answered roll call . Mayor Swa i m also answered RO LL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Ot her s present f or the meeting we re: City Attorney Robert Bamburg , Deputy City Clerk Lynett e Culpepper , Director of Adminis t ra tion Jay Whisker and son, Ni ck Whisker, Public Works Dire c t o r Jim Oakle y , Human Resource Di rector Jill Ross, City Planner Chip McCu lley, F ire Chief John Vanderhoof , Police Chief Gary Sipes , Parks and Recreation Director George Biggs, CDBG Director Theresa Watson , Mrs. Judy Swaim , Mrs . Addie Gibson, Mr. Larry Sm i th , interested citizens , and members of the press. PRESENTATION OF MINUTES : Mayor Sw a im presented the minutes of the r e gular City Co u ncil mee t ing of August 21 , 2008 for a pproval a nd /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 7 August 2008 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL : a. RESOLUTION 616 (#9-18) A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF A CHARTER SCHOOL TO BE DEVELOPED IN THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES. Mayor Swaim r e lated that there are two entities s e eking the opportunity to start a charter school in the City of J acksonvi lle , no ting that the City would not wan t to purs u e or suppo rt anythi ng that would hurt efforts to get our own school d i strict. He t h en informed the Ci t y Council that on September gth @ 5 :30 p.m. there would be a school board meeting at the admi n i strative build i ng on Dixon Road in support of the efforts and the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4, 2008 7 :00 P.M . -7:20 P .M. vote of our release from Pulas ki County Spec i al School District pending un i tary status and the Judge's approval . He stated that Resolution 616 is an opportunity f or a charter school to open in Jacksonville, adding that in looking a t the available areas there does not seem to be any significant liabilities in support i ng the Resolution. Alderman Stroud moved, seconded by Alderman Howard to read Resolution 616 (#9-09) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 616 (#9-08) . Alderman Stroud moved, seconded by Alderman McCleary to approve Resolution 616 (#9-08) in its entirety . In response to a question posed by Alderman Ray, last month the City Council approved a Jacksonville's separation from the Pulaski District . Mayor Swaim agreed that resolution supporting County Special School Alderman Ray of fered his concern as one being in confl i ct with the other. Alderman Fletcher questioned if there was adopting the Resolut i on now as opposed to pending action regarding separation from School District. a time frame invo l ved with delaying action f or a month the Pulaski County Special Mayor Swaim explained that there is a time limit for the approval of the chart er school. He recognized the reluctance to do anything that might hamper those ongoing efforts, adding that the charter would be a Kindergarten through sixth grade school . He noted that the school would only hold approxi mately 300 students, adding that it could develop up to high school in future years. He exp l ained that there are only a limited number of charter schools available, saying that if the State approves them t his time, without legislative approval there will be no more charter schools available. He stated that if they do not get in on this round , they would have to wait until the legislature takes some future action. Alderman Fletcher questioned how much public support would be necessary in order for the State Board of Education to make a decision, clarifying the t ime process for a charter school . Mayor Swaim stated that to the best of his knowledge the deci sion is in September , relat ing there was a requirement for a 30 -day hearing prior to the deadline. He noted that the public hearing was held a couple of weeks ago. Alderman Smith note d there was a second ent ity t hat was also interested in a charter . He then noted an article in the paper stating that it was too late to mee t the deadline , but added that the one for Jacksonville was completed in t ime. 2 OOO!OG CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4 , 2008 7 :00 P .M. -7 :20 P.M. Mayor Swaim and Alderman Smith agreed that the deadline is sometime near the end of September. Alderman Stroud stated that he had several questions regarding a charter school but the public hearing answered all his questions , saying that it is his feel ing that "a bird in the hand is better than two in the bush". He clarified; saying that when J acksonville starts improving the school issue it wi l l be benef i c i al to the citizens of Jacksonvi l le . He stated that he does not see any conflict between a charter school and Jacksonville having its own school district . He stated that the school district will grow once Jacksonville has its own school district , adding that it is his hope th a t the school district will be as good as the charter schools. He stated it is a positive move and feels the City Coun cil should support by Resolution . Alderman Twitty stated that she is not aga inst ha ving a char ter school , but would like to know for certain that it would not affect Jacksonville having its own school district. Mayor Swaim stated it would be impossible to say for c ertain and that he would not p r etend to say he is sure it would n ot affect other efforts . He added that he does not believe that it would because of t he numbe rs . He stated that even if Jacksonville is given i ts own s chool district i t cou l d be two to five years before Jacksonville has an opportunity to really get the schools going. He added , in t he meantime efforts to improve the education fo r students is important. He stated that if the School District were to vote favorably and the Judge were to grant unitary status , then there are still many legal aspects that wil l need to be complete d with various t ime frame s. Discussion ensued as to the betterment of Jacksonville students . Mayor Swaim clarified that the charter school would be for K-6 and that higher grades could be added later. He explained that the theory is that if a student makes it to Jr . High without knowing how to read a nd write , t hat student is lost. He stated that you are behind the curve if you start at a high school level . He re l ated that the charter school emphas i s i s on ca t ching the students when they are young . Alderman Howard noted that the re is no guarantee that Jacksonvil le will be allowed to have its own school district , adding that he was very impressed during the public hearing. He noted that it is possible that a year from now we could have a charter school for 300 plus s tudents , pointing out that not all the students will even be from Jacksonv i lle. He stated that he feels i t is a "W in -Win" situation for Jacksonville . Mayor Swaim then a ns wered t hat the law is very specific that charter sch oo l s have an open enrollment. Alderman Smith noted tha t it was mentione d at the publ i c hearing that enrollment would not be advertised i n other cities. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4 , 2008 7 :00 P .M. -7 :20 P .M. Mr. Mike Wilson stated that after some amount of research , he can offer that cha rter schools are on par with private schools in terms of their national te st scores . He stated that there are seven po s itions for charter schools in Arkansas and there are e l eve n entities applying for thos e chart ers . He stated that if Jacksonville gets its own school district , they cou ld then decide to release the charter and there would ce rtai nly be someone willing to obtain t hat charter. He related that he feels it would be a "boom" for the City. He not ed the uncertainty regarding lengthy past efforts of Jacksonvi lle trying to get t heir ow n school dist ri ct , adding that he agrees with Alderman Stroud "a bird in the hand i s better t han two in the bush." He stated t h at there is no te lling how long i t will take , given the politics involv ed in getting a school district . Parks and Recreation Dire cto r George Biggs , who is a l so servi ng as president for the Lighthouse Academy Charte r School , stated that having the charter school would not affect Jacksonville bei ng able to get its own school district. He re la ted t hat the application has been submitted to the State Department of Educa tion and they are wait ing for a response. Alderman Fletcher called for a question to the mot ion. At this time, MOTION CARRIED . b. ORDINANCE 1348 (#15-08) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE 17 .12 .110(2), AND 17 .12 .010(24); AND, FOR OTHER PURPOSES. §17 .12 .125, Mayo r Swaim r el ate d tha t t he Ordinance deals with the City accep tin g a l e tte r of credit from a banking insti tute a s opposed to a surety bond regarding subdivision completion and improvements . He noted that a letter of credit has been used in other places and it seems to be working. He stated that there have b een a number of developers that are requesting the option to use a letter of credi t , not ing that it is harder to get a bond in t oday 's economy . Di rec tor of Administration Jay Whisker informed the Ci t y Council that he had contac t ed se veral banks and they assured him that while t h e y do issue letters of credit for ove r seas shipping , it would have to be rese r ved for the bank 's best custome r s. Alderman Smith no ted t h at h e had issued l etters of credi t for s mall amounts , but added t hat larger amounts are re served for better clients . Alde rman Fletcher, who is an area builder , answered that he di d not foresee a prob l em with the City accepting lett e r s of credit . Al d erman Stroud moved, seconded by Alderman Ray to p lace Ordinance 1348 on FIRST READING . ROLL CALL : Aldermen Elliott, Sm ith , McCleary, Sansing , 4 r11 r: .. ~o i..:u ,;.LOu CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 4 , 2008 7 :00 P.M. -7 :20 P .M. Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1348 . Alderman Stroud moved , seconded by Alderman Smith to APPROVE Ordinance 1348 on FIRST READING . ROLL CALL : Aldermen Elliott , Sm i th , McCleary, Sansing , Ray, Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Smith moved , seconded by Alderman Stroud to place Ordinance 1348 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing, Ray, Rinke r , Fletcher, Stroud , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamb urg read the heading of Ordinance 1348 . Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1348 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary , Sansing , Ray, Rinker, Fletcher , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg r ead the heading of Ordinance 1348. Alderman Fletcher moved , seconded by Alderman Ray that Ordinance 1348 be APPROVED AND ADOPTED. ROLL CALL : Aldermen E lliott , Smith , McCleary, Sansing , Ray , Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1348 THIS 4 th DAY OF SEPTEMBER 2008. APPOINTMENT (S) : ANNOUNCEMENT(S): Mayor Swaim complimented the Police and Fire Departments regarding efforts involved in what turned out to be a t ragic situation, saying that both Departments wo rked together and the situation was handled well. He then turne d to the recent flooding in Jacksonville, noting t hat the City has been fortu nate , recalling the flooding sit uations in the early 80 's, which have been corrected. He stated tha t the rain count was 10 .9" for Jacksonvil le. He related that the problem with that much rain in such a short time is that the water eventually backs up . He s tated that Pinion Lane has always been a very low area , noting that if that property were to be developed by today ' s standa rds they would have to bring in five feet of dirt before being allowed to develop the property. He stated that it is regrettable that anyone would have damage as a result of flooding. He then noted tha t the City infrastructure h eld up we ll with only minor ditch erosion problems. He sta ted that he hopes the City weathers the next two tropical storms as well. 5 CITY OF JACKSONVILLE ()""'lf' ... r;j \.. I_; .._' . ·--._ U REGULAR CITY COUNCIL MEETING SEPTEMBER 4 , 2008 7:00 P .M. -7:20 P.M. P ublic Works Director J i m Oakley reminded the Ci ty Council that they had app r oved the placement of a box culvert , to rep l ace the rus t ed pipes where the street fell through in Woodbriar . He cont inued saying t hat he was not aware that a vo i d existed underneath t he stree t or he wou ld have advised that the road be closed pending r e pairs . He exp l a i ned t hat a small void had been washed out over a period of time. Mayor Swaim noted that the work order had bee n awarded a n d given to the contractor but t he weather had no t permitted the start of the project. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7 :20p.m . MOTION CARRIED. Respectfully, 6 CJ0110 City Council Of Jacksonville, Arkansas AGENDA Regular City Counci l Meeting September 18 , 2008 7:00 p.m . 1. OPENING PRAYER: 2. RO LL CALL: 3 . PRESENTATION OF MINUTES : 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Engineering Department: Animal Control Department: Fire Department: 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 September 4, 2008 Regular City Council Meeting August 21 , 2008 Regu lar Monthly Report/August City Planner Chip McCulley Regular Monthly Report/August Public Works Director Jim Oakley Regular Monthly Report/August Fire Chief John Vanderhoof Regular Monthly Report/August Police Chief Gary Sipes Request to accept bid: Replace roof at Police Department building (Mayor Swaim) RESOLUTION 617 (#10-08) Supporting the creation of a Charter School in the City of Jacksonville Jacksonville Charter Academy (Mayor Swaim) b . ORDINANCE 1349 (#16-08) 2009 Millage Collection Ordinance (Mayor Swaim) CITY OF JACKSONVILLE n ;n ~_....., ,_. 1 .J \..: -._ ..! . ....IL REGULAR CITY COUNCIL MEETING SEPTEMBER 18 , 2008 7 :00 P.M . -7:42 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 18 , 2008 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to t h e flag. ROLL CALL : Aldermen: Elliott , Smith, McCleary , Sansing , Ray , Rinker , Fletcher, Stroud , Twi tty, and Ho ward answered roll call. Mayor Swaim also answered ROLL CALL dec l aring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jay Whisker , Human Re sou rce Director Jill Ross , Assistant Finance Director Cheryl Erkel , Ci t y Planner Chip McCulley , Fire Chief John Vand e r hoof , Po l ice Ch i ef Gary Sipes , Parks and Recreation Director George Bi ggs, CDBG Director Theresa Watson , Mrs . Judy Swaim , Mrs. Edith Smith , Mrs . Lendy Lewis, Mrs. Addie Gibson, Mr . Lar ry Smith , interested c i tizens , and members of the press. PRESENTATION OF MINUTES: Mayor Swaim prese n ted the minutes of the regular City Council meeting o f September 4, 2008 for approva l and/or correction at the next regularly schedu l ed City Co uncil meeting . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved , seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 21 August 2008 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to appro ve the Regular Monthly Report for August 2008. Said report reflects: PERMITS/LICENSE ISSUED Bui l ding Permits Business License UNSIGHTLY & UNSANITARY 18 10 Grass Letters 215 Property Mowed 31 Trash Letters 57 Trash Remova l 7 Property Maint. Letters 44 Cost $2,393 .81 CITATIONS Debris & open storage Property maintena n ce 1 2 INSPECTIONS PREFORMED Building Inspections El ectrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Structur a l Repairs Made Demolitions WARRANTS Arrest Search 42 82 35 39 5 0 0 0 0 0 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2008 7:00 P.M . - 7 :42 P .M. Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for August 2008 . Said report reflects: ADOPTION/FINES: CONTRIBUTIONS: TOTAL : $2,430 .00 $1 ,100.00 $3 ,530.00 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2008 from the Jacksonville Fire Department, which reflects a fire loss of $25 ,700 and a savings total of $583,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2008. Report reflects the Total Value of Reported Stolen Property $159 ,363 . Total Value of Recovered Stolen Property $58 ,931 and Total Report Sales $692. ROLL CALL : Aldermen: Elliott, Smith, McCleary, Sansing , Ray, Rin ker , Fletcher , Stroud , Twitty , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: Request to accept bid to replace roof at Police Department building Mayor Swa im stated that questions have arisen regard i ng the specifications, explaining that Public Works Director Jim Oakley is ill this evening, but he has been working with the two contractors. He requested that t he item be removed from the agenda pending resolution of negotiations . It was the consensus of the City Council to remove the item from the agenda. STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: GENERAL: a . RESOLUTION 617 (#10-18) A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF A CHARTER SCHOOL TO BE DEVELOPED IN THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES . Mayor Swaim noted that the Re.solution would :support the creation of a charter school in the City of Jacksonville to be named J acksonville Charter Academy . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18 , 2008 7:00 P .M. - 7 :42 P .M . Alderman Stroud moved , seconded by Alderman Ray to read Resoluti on 617 . Alderman Stroud expressed mixed emotions regarding the passage of another resolution approving a charter school in Jacksonvi l le, recalling tha t the Council adopted a charter school resolution at the previous City Council meeting. He stated that he is sur e , even though the timing is not certain , that the City of Jacksonvil l e will get its own school district. He then noted that t he resolution approved at the previous City Council meet i ng will cost the new d i strict 1.9 million dollars the first year and more each additional year . He stated that if there were two charter schools, it would raise that to 4 million dolla r s , wh i ch would be a lot of money to purchase new schools on a debt service . He then stated on the other hand; "if a bird in the h and is worth t wo in the bush", in this case, "two in the hand would be better than four in the bush". He noted that there are seven s l ots available and only four peop l e have applicat i ons submi tted , expres s ing uncertainty h e added that he may abstain. Mr. Buster Lackey introduced himself as the con sul tant for Mt. P i sgah Baptist Church, adding that he is currently pri nc i pal of a charter school in Maume l le. He exp l ained that they have secured the lease for the old Wal -Mart building, adding that the first yea r t hey would have 51,000 square feet for t h e schoo l . He stated that as the schoo l g r ows they would acquire the additional 100 ,000 square feet. He noted t h at the owner has reserved 25 ,000 square f ee t to the front of the buildi ng for retai l. He answered that they have requested a cap of 700 students but are currently looking at capacity for 650 students , addi ng that i t would be grades K-6. I n response to a question posed by Alderman Smith, Mr . Lackey stated that he is a proponent of charter sch ools , adding that when Jacksonville has its own school district , the conversion charter schools or dist ri ct run charter schools would be perfect for Jacksonvi lle. He stated that he does not see this as competition , but as partners. He stated that part of the renovated building wou ld be considered a community building , provi ding space for a summer class or a meeting location for local groups. He pointed out that school bu i ldi n gs are mostly underused , adding that the building would be open to the community. He stated that they would work wi t h colleges to bring in cou r ses free of cha r ge, so students can graduate high school with 62 hours of college and enter college as a junior instead o f a freshman . In response to a question posed by Alderman Ri nker regarding the scope o f renovations necessary to make the building suitable for school space, Mr. Lackey cited renovations equal to the Lisa Academy in the Best Buy bu i lding. Alderman Stroud state d that he had thought they would propose hav i ng the same number of students as the Li gh t house Academy, which was proposed to have 344 students. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18 , 2008 7:00 P.M. -7:42 P .M. He then noted that the district wou l d loose approximately 5 .6 million on the two proposed charter schools . Mr. Lackey stated that the two charter school numbers would be very close in size , starting off with K-6 . He stated that they would start with 350 students with room to grow. Alderman Twitty quest i oned if the regarding the proposed 5 mill i on and school district. She stated that the school district is the top priority . City were undertaking too much the poss i bility of starting a new prospect of the City having its own Mr . Lackey related that it is not certain how many stu dents would actually be from Jacksonville , reminding the City Council that the school would conduct an open enrollment that includes areas outside Jac k sonville . He stated that it is State l aw that the enrollment be conducted as a lottery . He noted that as a school of choice, when Jacksonvill e gets its own school district , students could choose to go into the Jacksonville district. Mayor Swaim stated that the City would need approximate l y 6 ,000 students to gain an independent school d i strict . Alderman Stroud pointed out that students from outside Jacksonville would not cost Jacksonville any distr i ct monies . Mr . Lacke y pointed out that just by bringing parents into the City when picking up or dropping students off , it would generate some amount of revenue for the City. Alderman Sansing stated that in l ieu of not knowing e x actly when we will get our own school district , citizens are clamoring for change now . He re lated that it is an opportunity to give the citizens a choice , adding that compet ition in schools breed excellence in teaching . He stated that this is a win-win situation for the City of Jacksonvi lle . He stated that he does not feel we should worry about the money , but just understand that there are going to be posi t ive aspects for th e students and parents of Jacksonville. He urged the same support of this resolut ion as with the previ ous resolution . Alderman Fletcher stated concern for the required 6,000 students, noting that boundaries have not been set and the time limit is questionab l e regard ing the comple tion of events . He stated that a large majority of the questions he has heard is whether the City can s uppor t its own school district without increasing taxes . He pointed out the cost of facilities and operations, saying that i t would take a lot o f money to get started . Mayor Swaim pointed out the Resolution only offers that the City agrees that they can apply f or a charter to operate a school . 4 CITY OF JACKSONVILLE ; c . , u 1 REGULAR CITY COUNCIL MEETINt; .. • ~ SEPTEMBER 18 , 2008 7 :00 P .M. -7:42 P .M. Mr . La c k ey pointed out t hat they wou l d stil l have to go befo re the State Boa rd for t h eir approval. He stated that this would be an added bonus for the City and for parents. He stated that they are n ot in competition with Jacksonville having its own schoo l district. He re l ated understanding for Jacksonville wanting its own school district and is not proposing anything that would deter those e ffor ts. He stated that the charac ter schools can work hand-in-hand, in spiring parent s t o see what can b e done when Jacksonville ge ts it own school district and an o pportunity to recreate the education process. He continued saying that the charter school and independent district can work together as one . He rel a ted that he would have revenue to rent the high school gym , which 1s something that cou ld benefit the Cit y 's independent school district. He noted options such as rental of the track for their trac k team or gym on off nights . He then answered that the students would be re qui red to wea r daily uniforms to schoo l. Alderman McCleary thanked Mr . Lackey for h is presentation, saying that he agrees with Alderman Sansing that this would be a win-w i n for the City. He added that he believes the City Council would be "short changing" the ci tizens if they did not offer them an opportunity t o start their charte r school . Mr . Mike Wilson re l ated that a recent news a r ticle regarding a commission appo int ed by Bil l Wil son repo r ted that the County had not to this point been desegregated , adding that they still ha ve to ru le on t h at. He stated that it is uncertain if Jacksonville will get its own school district. He spoke in support of the academics ass oc i ated with the Lisa Academy and in support of allowing charte r schools for Jacksonville. He added tha t if the educat i o n sy stem in Ja cksonville were i mproved , i t would grow the population and increase revenues . He then noted that it was thought that there wou ld be eleven applications for the seven charter schoo ls but it turns out that there were six that were actual ly submitted , leaving only one for next year . Alderman Stroud stated that the City 's concern is for a l l of Jacksonville's studen ts not just a few . He added that PCSSD would have a bet t er chance of solving their problems if they d isengage from the City of Jacksonville . Mr . I vory Tillman , president of the local chapter of the NAACP, quest ioned if a pub l ic meeting was held , offering residents of Jacksonvil l e a n opportunity t o garner information. He stated that hi s number one i t ern of concern is that the charter school woul d take o nl y those students with a higher grade point average . He added that this i s what has happened in a lot of the charte r schoo l s t h rough out the Coun try . He stated that the children on the lower economic r ung need t o be a ddressed or society will get worse . 5 000116 ~\! .. _;. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18 , 2008 7 :00 P .M. - 7 :42 P .M. Mayor Swaim stated that the meeting dates were advertised in the same manner , adding that the City did not advertise either of the meetings . He pointed out that both meetings were publicized in a local paper . He then reiterated that the choice of students is done by lottery , they do not hand pick students . Mr. Lackey e x plained that the lottery has an administrator of the schoo l, a parent representative from the school body, a Board member , and a representat i ve from the S t ate Department present to oversee the drawing . He stated that it is virtually impossible to hand pick or skim off the top . He informed the City Council that the largest problem he has right now is third and seventh graders coming into the school from all over the State that cannot pass State tests. He s t ated that they spend more time educating those ch ildren. Alderman Stroud pointed out that the parents who app l y , are the parents who are more interested in the type of education their children receive , which equates to a better quality student. Mr. Lackey stated that if you look at some of the charter schools that serve l ow income students , they struggle jus t as much as any other students in the dis t rict. Alderman Ray called for a question to the motion . Alderman Stroud seconded the call for a question to the motion . MOTION CARRIED with Alderman Fletcher voting NAY . Mayor Swaim explained that a question to the motion ends debate of the item of business. At this time, MOTION CARRIED to read Resolution 617 (#10-08). Whereupon City Attorney Bamburg read the headi ng of Resolution 617 (#10-08). Alderman Ray moved , seconded by Alderman Sansing that Resolu t ion 617 be adopted in its entirety . In response to a question posed by Alderman Fletcher , Alderman Stroud offered that Daniel Gray has expressed some concern that the charter school concept may interfere with Jacksonville achieving its own school district . Mayor Swaim related that he had spoken with Will Bond and Daniel Gray regarding the same questions, adding that no one is able to say in certainty whether Jacksonville will or will not attain unitary status and be able to have its own school district . He sta ted that it is generally believed that Jacksonville will eventually get its own school district . Alderman Fletcher questioned if State that is requesting two Jacksonville is the only City charter schools, adding that 6 in the if so ~· JJOQ1t7 . w ., .. t REGULAR CITY COUNCIL MEETING "" CITY OF JACKSONVILLE SEPTEMBER 18 , 2008 7 :00 P.M . -7:42 P.M . then chances are that the State wi l l only approve one of them in order to spread them throughout. At this time MOTION CARRIED unanimously. b. ORDINANCE 1349 (#16-08) AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL , 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 , 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 . Mayor Swaim explained that Ordina nce 134 9 is the annual mi l lage to be collected in 2009 , adding that it does not change or raise the millage. He related that by law it has to be assessed every year for collection . He then explained that one mill is assessed for the Library, one mill for Police retirement and one mill for Fire retirement. Alderman Smith moved, seconded by Alderman McC l eary to place Ordi nance 134 9 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith , McC l eary, Sansing , Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whe reupon City Attorney Bamburg read the heading of Ordinance 1349. In response to a question from Alderman Stroud , Mayor Swaim related that the Police Pension is presently actuarially sound but the Fire Pension is not. He then added that under current market situations, neithe r Pension might be counted as actuarially sound . Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 134 9 on FIRST READING _ ROLL CALL : Aldermen Elliott, Smith, McCleary , Sansing, Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman McCleary to place Ordinance 1349 on SECOND READING. ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1 349. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1349 on THIRD and FINAL READING . ROLL CALL : Al dermen Elliott, Smith, McCleary , Sansing, Ray, Rinker, Fletcher , Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading o f Ordinance 1349. 7 CITY OF JACKSONVILLE REGULAR CITY COUNC I L MEETING SEPTEMBER 18 , 2008 7 :00 P.M . -7 :42 P .M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1349 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing , Ray , Rinker , Fletcher, Stroud , Tw i tty , and Howard voted AY E . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBERED 1349 THIS 18th DAY OF SEPTEMBER 2008. Mayor Swaim announced th a t the City o f Jacks onvil le is one of only a few cities in Arkans as that does not assess the additional 5 mills that is available to City Counci l for City operat i o ns . He stated that the Ci ty of Jacks onvil l e did away with the 5 mills many years ago and does not assess that . APPOINTMENT(S): ANNOUNCEMENT (S) : Police Chief Sipes announced t h at Officer Schmidt 's wife passed away this week from a brain tumor . He stated that the funera l i s scheduled a t Moo re's Funeral Home, Saturday at 1:00 p.m . Human Resource Dire ctor J ill Ross announced that long -time former employee Gerald Fo reman had also passed , relating that the fune r al is scheduled at Moore 's Funeral Home , Friday at 3 :00 p.m. Mr . I vory Tillman a s k ed opportun i ty to ment i o n the passing of Rev. Ben jamin Craft , a stalwart walk of t he City. He stated that Rev . Cra ft had many endeavors to bring the communit i es closer together. He s tated that the viewing is tomorrow night at Mt . Pis gah Church a nd the funeral will be Saturda y at St . Luke Church. Mr. Tillman provided the City with a copy of a written salute on b ehalf of Rev . Benjamin Craft , which is on file in the Office of City Clerk . Mayor Swaim related that h e h ad visited with the LRAFB Wing Comm ander Gen eral Sch a ts today, acknowledging delays primar il y be cause in order for the Air Force to accept the City 's portion of the college , it has to go through c h a i n of command u p to t he Department of Defen s e . He re l a t ed that the request is prese n tly at the Pentagon pending appro val. He then explained that follow ing a staffing change ; General Schats feels things will sta rt moving again . ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :42 p .m. MOTION CARRIED. Respectfully , ~'"':-i~tt"""'-l "'-"~"'----'--- MAYOR TOMMY SWAIM City Cle rk-T re asurer 8 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 October 2 , 2008 7 :00 p.m. Regular City Council Meeting September 18, 2008 Regular City Council Meeting September 4 , 2008 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 : ADJOURNM ENT a . b. c. Request to Accept B id: Roof System for Police Department (Mayor Swaim) RESOLUTION 618 (#11-08) Expressing willingness to uti lize Federal aid monies for Safe Route s to School Program (Mayor Swaim) ORDINANCE 1350 (#17-08) Authorizing destruction of specified City department records (Mayor Swaim) Amendment to North Metro Hospital lease agreement (Mayor Swaim ) WING DING City Festival October 4th at Dupree Park CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2008 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 October 2, 2008 at the regular meeting place of the Counci l. Alderman Smith delivered the invocation and Nick Whisker l ed a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen: Elliott, Smith, McCleary , Sansing, Rinker, Fletcher , and Stroud answered r oll call . Mayor Swa im also answered ROLL CALL declaring a quorum. Alderman Ray arrived at approximate l y 7 :02 p.m. PRESENT EIGHT (8), ABSENT (2). Aldermen Twitty and Howard were absent. Others present for the meeting were: City Attorney Robert Bamburg , Deputy City Cl erk Lynette Culpepper, Director of Administration Jay Whisker , Ni ck Whisker , Public Works Director Jim Oakley , Human Resou r ce Director Jill Ros s, City Planne r Chip McCulley, Assistant Finance Directo r Cheryl Erkel , Fire Chief John Vande r hoof , Police Chief Gary Sipes, Parks and Recreation Director George Biggs, Parks and Recreation Marketing and Public Rel ations Manager Marlo Jackson , CDB G Di r ector Ther esa Watson, Mrs. Judy Swaim , Mrs. Edith Smith, Mrs. Addie Gibson , Mr . Larry Smith, Mike Wilson , interested citizens , and membe rs of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regul a r City Council meeting of September 1 8, 2008 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 4 September 2008 be APPROVED. MOTION CARRIED. Parks and r ecreation Director George Biggs introduced newly hired Parks and Recreation Marketing and Public Relations Manager Mar l o Jackson . The Ci t y Council welcomed Ms. Jackson to her new position . CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT: POLICE DEPARTMENT : Request to Accept Bid for Roof System Public Works Director Jim Oakley explained that the Courts building was bid to have a new roof system, explaining that currently rainwater collects on the roo f so the roof would need to be tapered to move water off the roof . He sta t ed that the low bidder is unable to provide the slope that will be necessary to effective ly move the water, adding that his recommendation would be for the higher bidder. He noted that the 1 CITY OF JACKSONVILLE 000 121 . \ ... ~ ~ : REGULAR CITY COUNCIL MEETING OCTOBER 2 , 2008 7 :00 P .M. - 7 :22 P .M. higher bid from Fraley Roofing is $400.00 over the low b id . He related that Fraley Roofing would construct an 8" taper on the f lat roof. He then answered that the material would be I-B instead of the Duralast, explaining that it is a rubber membrane . He then answered Alderman Stroud that the taper would be 8" slightly over 30 feet . He stated that it is critical to be able to get an 8" taper considering the air conditioning a n d d ucts that are l ocated on t he rooftop. He noted that the low b i dder stated that they cou l d only d o a 3" taper . He stated that it would be effective in keeping rainwater from puddling on the roof . Mayor Swaim noted that thi s is only one roo f o f a few more City buildings that would need to be addressed in the next year. Public Works Director Jim Oakley agreed , saying that another wou l d be the CDBG building as well as the other Court building . Mayor Swaim clarified that this would be the section that was formerly the old courtroom portion of the building , addin g that the new courts office building would still need to be addressed . Public Works Dir e ctor Jim Oakley then answered that the area to be addressed is sligh tly over 2 ,000 square feet . Alderman Fletcher moved , seconded by Alderman Stroud to reject the low bid and approve the bid from Fraley Roofing , Inc . in the amount of $19,500 .00 with funds to be drawn from budgeted funding. MOTION CARRIED. STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL : a . A RESOLUTION RESOLUTION 618 (#11-08) EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE , ARKANSAS, TO UTILIZE FEDERAL AID MONIES FOR THE SAFE ROUTES TO SCHOOL PROGRAM; AND, FOR OTHER PURPOSES. Mayor Swaim no t ed that this is a grant program that the City had participated in previously. Alderman Smith moved, seconded by Alderman Ray to read Resolution 618 (#11-08). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 618 (#11-08) . Alderman Stroud moved , seconded by Alderman Smith to approve Resolution 618 (#11-08) in its entirety. MOTION CARRIED. b . ORDINANCE 1350 (#17-08) AN ORDINANCE AUTHORIZING THE DESTRUCTION OF SPECIFIED CITY DEPARTMENT RECORDS ; AND , FOR OTHER PURPOSES. 2 : .·olJ(}122 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2008 7:00 P.M. -7:22 P .M. Alderman S tro ud moved, seconded b y Alderman Ray to place Ordinance 1350 on FIRST READING. ROLL CALL: Aldermen Elliott , Smith , McCleary , Sansing, Ray , Rinke r, Fl e tcher , and Stroud voted AYE . NAY (0}. MOTION CARRIED . Whereupon City Attor ney Bamburg read the heading of Ordinance 13 50 . Alderman Smith moved , seconded by Alderman Fletcher to APPROVE Ordinance 1 350 on FIRST READING . Discussion ensued and it was determined that State law requires certain records be kept f or three (3} to seve n (7} years and all records requested for destruction are duplicates and/or over 1 0 years . ROLL CALL : Aldermen Elliott , Fletcher , and Stroud voted AYE . Smith , McCleary , Sansing, NAY (0). MOTION CARRIED. Ray , Rinker , Alderman Stroud mo ve d , s econded by Alderman Ray to pl a ce Ordinance 1 35 0 on SECOND READING. ROLL CALL: Alderme n Elliott, Smith , McCleary , Sansing , Ray , Rinker, Fl etch e r, and S t roud voted AYE. NAY (0}. MOTION CARRIED. Whereupo n Ci ty Attorney Bamburg read the heading of Ordinance 1 35 0 . Alderman Fletcher moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1350 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott , Smith , McCleary , Sansing , Ray , Rin k er , Fletcher , and Stroud voted AYE . NAY (0}. MOTION CARRIED. Whereupon City Attorney Bamb u rg r ead the heading of Ordinance 1350. Alderman Stroud moved , APPROVED AND ADOPTED . Sansing , Ray , Rinker , CARRIED. seconded by Alderman Ray that Ordinance 1350 be ROLL CALL : Aldermen Elliott , Smith , McC l eary , Fletcher , and Stroud voted AYE . NAY (0}. MOTION ORDINANCE APPROVED , ADOPTED AND NUMBER 1350 THIS 2 ND DAY OF SEPTEMBER 2008. c . Amendment to North Metro Hospital lease agreement Mayor Swaim related that the item of business d eals with an amendment to the North Me tro Hospita l lease agreement , exp l aining that t he Ho spital Board has been working with enti ties that are interested in leasing t he Hospital . He related that the existing lease under the 501(C -3) not f or profit board states that t h e Hospital cannot be l eased to a "for profit organi zation". He explained that a "for profit" and a "not for profit" organization has shown interest i n leasing the Hospital . He s tated that it is not certain which will show the greater interest but the Board would like the leeway to offer to either entity . He related that because there is bond financing that is tied to the length of the lease, they are requesting that the lease term be ext e nded as well as changed to "p rofit or non-profit." He noted that Ci ty Attorney Bamb u rg has prepared a resolution to be placed on the agenda . 3 CITY OF JACKSONVILLE ·000 l 23 REGULAR CITY COUNCIL MEETING OCTOBER 2 , 2008 7 :00 P.M . -7:22 P.M. Alderman Elliott moved, seconded by Alderman Stroud to suspend the rules and place Resolution 619 (#12-08) on the agenda. MOTION CARRIED . RESOLUTION 619 (#12 -2008) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK EXECUTE ALL NECESSARY DOCUMENTS IN EFFORTS TO SECURE FOR THE OPERATION OF NORTH METRO MEDICAL CENTER; AND , TO NEGOTIATE AND A LONG TERM LEASE FOR OTHER PURPOSES . Alderman Ray moved, seconded by Alderman Elliott to read Resolution 619 (#12-08). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 619 (#12-08} . Alderman Stroud moved , seconded by Alderman Smi t h to approve Resolution 619 (#12-08} in its entirety . In response to a question posed by Alderman Fletcher, Mayor Swaim related that one of the agreed upon negotiation points was that whoever is s e lected would operate an acute care hospital with an emergency room. He then offered that the new group may bring in special ty care , noting that there is suffic ient bed space for add ing specialty operations . He stated that the main purpose is to maintain medical care for the community . He related that in today's economy that can be d ifficul t t o do, noting that two other hosp i ta l s r ecen tly had to have a sales tax passed in order to keep from clos ing and continue to provide comm u nity medical care . He s t ated that it would be harder for Jacksonville to pass a sales tax because there is another hospital within six miles, while these two hospitals were in communities that are more isolated . He stated that with a high number of Medicare and Medicaid patients, the amounts collected are less than wi t h a conventional insurance company. He then noted that recently hospitals in Dardanelle and Stuttgart also leased their city hospitals because they were in danger of closing, adding tha t Lake Village , Malvern and Mena have had to p ass sales taxes to support their hospitals. He stated that it is difficult to maintain a hospital in this economy , expla i n ing that the health care industry i s not a very profitable business without the right mix of patients . Alderman Fletcher stated that whil e most peop l e might n ot t hink that six or ten miles is very far to drive, last spring when his father was in the hospital at Springhi l l , there was a vast difference when driving to th e hospital every night versus driving to North Me tro. He explained t ha t when his father was in Jacksonville North Metro i t made a world of difference regarding the convenience; he then commended the quality of care and the hospital staff at North Metro . He expressed his appreciation for the Hospital, stating that every effort needs to be made to ensure that Jacksonville continues to have that facili ty . Mayor Swaim stated that any other considerations , such as a bond issue , would be brought back to the City Council for further action . 4 . '-1~4 ~090 c . At this time , MOTION CARRIED . APPOINTMENT(S): CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 2, 2008 7 :00 P .M. - 7 :22 P .M. ANNOUNCEMENT(S}: EDUCATION FACILITY UPDATE Mayor Swaim informed the City Council that he received a letter last week that the Pentagon has accepted the City of Jacksonville 's offer to share in the cost of the facility . In response to a question posed by Alderman Ray , Mayor Swaim explained that the LRAFB is now hosting three wings. The 314 th wing representi ng the AETC portion, the 19th wing or AMC port i on, and the 189th that is the Air Guard portion. He noted that this offers Jacksonville a better opportunity for growth at LRAFB . He stated that the change was ma de October 1st and the transition was very smoo t h, adding that in order to maintain continui ty the tenant wing is now the 314th and the hos t wing is the 19th wing, since it is the larger of the group. He then explained that the wing commander from the 314th was moved as wing commander to the 19th wing to provide continuity through experience. He then answer ed that there would probably be more missions involved in Iraq and Afghanistan as a result of the changes . He related that AETC trains pilots and crews , and the Ai r Mobi lity Command is the win g that goes to war. WING DING He then announced that the Wing Ding Festival would be held Saturday at Dupre e Park, encouraging everyone to attend . Alderman Smith noted as Chai rman of the Advertising and Commission that several billboards and statewide magaz i nes promoting Jac ksonville with the new logo "Soaring Higher". Promotions will be ADJOURNMENT: Without objection , Mayor Swaim adjourned the mee ting at approximately 7 :22p.m. MOTION CARRIED . Respec t fully , .~.t.M.£:-MAYOR TO SWAIM 5 :000125 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting October 16 , 2008 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: Animal Control Department: Fire Department: 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 : ADJOURNM E NT a. b. Regular City Council Meet ing October 2, 2008 Regular City Council Meeting September 18, 2008 Regular Monthly Report/September City Planner Chip McCulley Regular Monthly Report/September Public Works Director Jim Oakley Regular Monthly Report/September Fire Chief John Vanderhoof Regular Monthly Report/September Police Chief Gary Sipes ORDINANCE 1352 (#19-08) Reclassifying Property Tract, 2 , Hwy 161 from C-3 to R-3 (Mayor Swaim) FINAL PLAT: Foxwood Gardens PH I (Mayor Swaim) ORDINANCE 1351 (#18-08) Amending JMC § 9 .08.030 , 9.08.040 , & 9 .08.090 And creating JMC § 9 .08.035 Curfew for Juveniles (A ldermen Elliott, Smith , McCleary, Ray, Rinker, Fletcher, Stroud , Twitty , Howard) City Auction October 18th at the Recycling building on Ma rshall Road beginning at 9 :00a.m . LRAF B Air Show featuring the U .S. Navy's Blue Angels October 18th and 19th . 0001.!~6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 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 October 16, 2008 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mike Wi lson Jr. led a standing audience in the "Pledge of Alleg iance" to the flag . ROLL CALL: Aldermen: Elliott , Smith , McCleary , Sansing , Ray, Rinker, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answer ed ROLL CALL declaring a quorum . PRESENT NINE (9), ABSENT (1). Alderman Fletcher was absent. Others present for the meeting were : City Attor n ey Robert Bamburg , Depu t y City Clerk Lynette Culpepper , Director of Administration Jay Whisker , Public Works Director Jim Oakley , Human Resource Director J il l Ross , City Planner Chip McCulley , Finance Director Paul Mushrush , Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson , Mrs. Edith Smith, Mrs . Helen Stroud, Mrs . Addie Gibson , Mr . Mike Wilson, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of October 2 , 2008 for approval and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 18 September 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008 . Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 1 2 9 137 3 1 76 Trash Removal 7 Property Maint . Letters 18 Cost $3,710.58 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letters Structural Repairs Made Demolitions 1 50 63 47 54 6 0 0 0 0 CITATIONS Debris & open storage Property maintenance 0 3 WARRANTS Arrest Sea rch REGULAR MONTHLY REPORT/ANIMAL CONTROL CITY OF JACKSONVILLE 000127 REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7:00 P.M. -7 :22 P .M. 0 5 Alderman Smith moved , seconded by Alderman Sansing to approve the Regular Monthly Animal Contro l Repor t for September 2008 . Said report reflects : ADOPTION/FINES: CONTRIBUTIONS: TOTAL: $2,835 .00 $ 25 .00 $2,860 .00 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Smith moved, seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008 from the Jacksonville Fire Department, which reflects a fire loss of $8,800 and a savings tota l of $94,200 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Smi th moved , seconded by Alderman Sansing to approve the Regular Monthly Report for September 2008 . Report reflect s t h e Total Value of Reported Stole n Property $119 ,695 . To t a l Value of Recovered Stolen Property $276 ,695 and Total Report Sales $969 . ROLL CALL: Aldermen: Elliott , Smith, McCleary , Sansing, Ray , Rinker , Stroud , Twitty, and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION : a . ORDINANCE 1352 (#19-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS (GENERAL LOCATION: PROPERTY ON HWY. 161 ADJACENT TO SHANNON DRIVE); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS Alderman Ray moved , seconded by Alderman Stroud to place Ordinance 1352 on FIRST READING. ROLL CALL : Aldermen Elliott , Smith, McCleary, Sansing, Ray , Rinker, Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read t he heading of Ordinance 1352. Alderman Ray moved , seconded by Alderman Stroud to APPROVE Ordinance 1352 on FIRST READING. ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing, Ray , Rinker , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . 2 000128 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16, 2008 7 :00 P .M. -7:22 P.M . Alderman Smith moved , seconded by Alderman Stroud to place Ordinance 1352 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing, Ray, Rinker, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o f Ordinance 1352 . Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1352 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing , Ray , Rinker , Stroud , Tw i tty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1352 . Alderman Stroud moved , APPROVED AND ADOPTED . San sing , Ray , Rinker , MOTION CARRIED. seconded by Alderman Ray that Ordinance 1352 be ROLL CALL: Aldermen Elliott , Smith, McCleary , Stroud , Twitty , and Howar d voted AYE. NAY (0). ORDINANCE APPROVED, ADOPTED AND NUMBER 1352 THIS 16th DAY OF OCTOBER 2008. b . FINAL PLAT Foxwoo d Gardens PH I City Planner McCulley noted that there had been some discussion at the Planning Commission meeting regarding the d~ay in constructing the berm along the railroad tracks , adding that he received a letter today from Mr. Jack Wilson reinstating his commitment to build the berm. He explained that berm construct ion is slated to begin in Phase II of the development , using dirt from a manmade lake that will also be constructed in Phase II . Alderman Stroud moved , seconded by Alderman Howard to approve the Final Plat of Foxwood Garde ns PH I. MOTION CARRIED. GENERAL: ORDINANCE 1 351 (#18-08) AN ORDINANCE AMENDING JMC §§ 9 .08.030 , 9.08 .040, AND 9.08.090 AND CREATING JMC § 9. 08. 045 SO AS TO CREATE A DAYTIME CURFEW ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES. Alderman Elliott move d, seconded by Alderman Smith to place Ordinance 1351 on FIRST READI NG. ROLL CALL: Aldermen Elliott , Smith, McCleary , Sansing, Ray, Rinker, Stroud , Twitty , and Howard vote d AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1351. Alderman Stroud moved , seconded by Alderman Ray to APPROVE Ordinance 1351 on FIRST READING. Alderman San5ing noted that approximately 17 years ago , the nighttime part of this curfew was put into effect in response to problems with 3 1, 000!29 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16 , 2008 7 :00 P .M. - 7 :22 P .M. juveniles during the nighttime hours. He related that at that time the Ordinance was supported by local citizens and the president of the NAACP, adding that with their help t he original nighttime Ordinance was formulated. He explained that currently there are probl ems with juveniles being on the streets during daytime school hours, and the issue needs to be readdressed . ROLL CALL: Aldermen Elliott , Smith, Stroud, Twitty, and Howard voted AYE . McCleary, Sansing , Ray, NAY (0). MOTION CARRIED . Rinker, Alderman Stroud moved , seconded by Alderman Smith to place Ordinance 1351 on SECOND READING. ROLL CALL : Aldermen Elliott , Smith, McCleary , Sansing , Ray , Rinker , Stroud , Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1351 . Alderman Elliott moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1351 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing , Ray , Rinker , Stroud, Tw i tty, and Howard voted AYE. NAY ( 0) MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1351. Alderman Stroud moved , seconded by Alderman Howa r d that Ordinance 1 351 be APPROVED AND ADOPTED. Mr. Mike Wilson quest i oned how the Ordinance wou l d be enforced , noting that he has observed many juveni les during the daytime hours. He expressed his suppo r t for adoption of the Ordinance. Alderman Elliott related that the Ordinance would provide the Police Department with the n ecessary tool to enforce a dayt i me curfew. Mayor Swaim concurred that regard i ng issues from parents , he and t he City Council are going to be positive and hope that parents will see the positive aspects. He noted that Police Chief Sipes would be working with the City Council to keep them informed as to the progress. Mr . Wilson reiterated his support for adoption of the Ordinance. ROLL CALL: Aldermen Elliott, Smith, McC l eary, Sansing , Ray, Rinker , Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Sansing that the EMERGENCY CLAUSE be approved and adopted . ROLL CALL : Aldermen Elliott , Smith, McCleary , Sansing, Ray , Rinker , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1351 THIS 16th DAY OF OCTOBER 2008. 4 \ 00f)'t30 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 16 , 2008 7:00 P.M. - 7 :22 P .M. Mayor Swaim noted that the Ordinance states it will not take effect until November 1 , 2008, allowing the Police Depart ment an opportunity to have regulations in place. APPOINTMENT (S) : ANNOUNCEMENT (S): Mayor Swaim announced that the City auction would be held at the recycling center on Marshall Road , starting at 9 :00 a .m . October 18 , 2008. He then announced that the Litt l e Rock Air Force Base Air Show featuring the United States Navy's Blue Angels will take place Saturday and Sunday, October 18th and 19 th , free par k ing and admission , gates open to the public at 8:30 a .m. He encouraged the public to attend , saying that it is a great opportunity for the public to meet Air Force members and see the type of equipment they have and the job they perform . He stated that on October 31 5 t we will have approval from the Chief of Staff of the Air Force at the Pent a g on r egarding the joint education bu il d i ng . He related that at 11:30 on October 31st t he re will be a meet i ng of the Little Rock Community Council and the City will make a presentation of that check t o the Air Force. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7:22 p.m. MOTION CARRIED. Respectfully , ~ --,bLLu.__. -QL.DaVi ~LtU.n MAYOR TO SWAIM City Cler k-Treasurer 5 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 6, 2008 7:00 p.m. 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Engineer 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 a. Regular City Council Meeting October 16, 2008 Regular City Council Meeting October 2, 2008 Regular Monthly Report/October City Planner Chip McCulley Regular Monthly Report/October Public Works Director Jim Oakley Request to accept bid: Incident Command Simulation Software (Mayor Swaim) 2009 CDBG Annual HUD Update of five-year strategic consolidated plan (Mayor Swaim) b. ORDINANCE 1353 (#20-08) Certifying Tax Liens against real property at various locations (Mayor Swaim) c. Request for land purchase Reed's Bridge Battlefield (Mayor Swaim) d. Request to accept bid: Asbestos removal and demolition (Mayor Swaim) e. Set annexation public hearing November 20, 2008 7:00p.m. Property on General Samuels (Mayor Swaim) 000131 000132 ; ' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6 , 2008 7 :00 P .M . -7:30 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 2 , 2008 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Miss Genevieve Wilson led a standing audience in the "Pledge of Allegianceu to the flag. ROLL CALL : Aldermen: Elliott , Smith, McCleary , Sansing, Ray, Stroud , Twitty , and Howard answered roll call. Mayor Swaim also ROLL CALL declaring a quorum . PRESENT NINE (9), ABSENT (1). Rinker was out of town . Fletcher, answered Alderman Others present for the meeting were: City Attorney Robert Bamburg , Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross , Ci ty Planner Chip McCulley , Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel , Fire Chief John Vanderhoof, Police Chief Gary Sipes , Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mr . Larry Smith , Mr . Mike Wilson , interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regu lar City Council meeting of October 16, 2008 for approval and/or correction at the next regu la r ly 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 2 October 2008 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Elliott to approve the Reg u l ar Monthly Report for October 2008. Said report refle cts : PERMITS /LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY 17 11 44 31 Grass Letters Property Mowed Board windows/doors Trash Letters 2 42 9 Letters 4 $4,439 .10 Trash Removal Property Maint . Cost INSPECTIONS PREFORMED Building Inspect i ons Electrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letter Structural repairs made Demolitions 43 62 46 36 15 0 0 0 0 CITATIONS Debris & open storage Property maintenance 0 4 WARRANTS Arrest Search REGULAR MONTHLY REPORT/ANIMAL CONTROL CITY OF JACKSONVILLE 000 .. 133 REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7 :00 P.M . - 7 :30 P .M. 5 1 Alderman Ray moved , seconded by Al de r man Ell i ott to app r ove t he Regular Month l y An i mal Control Report f or October 2008. Said report reflects : ADOPT I ON/FINE S: CONTR I BUTIONS : TOTAL : $2 ,945.00 $ . 00 $2 ,945 .00 ROLL CALL : Aldermen: Elliott, Smith, Stroud, Twitty, and Howard voted AYE . McCleary, Sansing, MOTION CARRIED . Ray, Fletcher, WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : Request to accept bid for Incident Command Simulation Software Chie f Vanderhoof exp l ained that the request i s p art of the FE MA Grant mon i es r eceived earlier in the year , adding t h at the total for this package is $35,700.00 . He related that two bids were submitted and he is requesting the bid of $27 , 950 .00 from Command S i ms. He explained that the low bidder did not meet specifi cations . He noted that a letter of justi fication accompanied the bid. Alderman Elliott moved, seconded by Alderman Ray to reject the low bid and accept the higher bid from Command Sims in the amount of $27,950.00 . I n response to a question posed by Alderman Fletcher , Chief Vande r hoof responded that the low bidder made exceptions to the specifi cat i ons . At this time, MOTION CARRIED . Mayor Swaim noted that the funds are grant funds from FEMA . POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: GENERAL : a . 2009 CDBG Annual HUD Update of Five-Year Strategic Consolidated Plan Alderman Smith moved, seconded by Alderman Ray to approve the 2009 CDBG Annual HUD update of the Five-Year Strategic Consolidated Plan . MOTION CARRIED . 2 000134 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P.M . -7:30 P.M. The City Council commended CDBG Director Theresa Watson for her work on the plan , saying that it i s a very comprehensive plan . b . ORDINANCE 1353 (#20-08) 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 ON BEHALF OF THE CITY; AND , FOR OTHER PURPOSES . Mayor Swaim explained that Ordinance 1353 directs liens regarding maintenance , mowing, or d e bris removal performed by low bid on beha lf of the City regarding private property , adding that State law allows cities to file liens against the property on t he property owner 's taxes. He noted that the lien list amount this year is $46 ,7 73.70 . He then clari fied that demolition of condemned houses are the larger amounts on the list . Alderman Ray moved , seconded by Alderman Stroud to place Ordinance 1353 on FIRST READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sans i ng , Ray , Fletcher , Stroud , Tw itty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the headi ng of Ordinance 1353. Alderman Stroud moved , 1353 on FIRST READING. Sansing , Ray , Fletcher, MOTION CARRIED. seconded by Alderman Smith to APPROVE Ordinance ROLL CALL : Al dermen Elliott, Sm i th , McCleary , Stroud , Twitty and Howa r d voted AY E . NAY (0). Alderman Smith moved, seconded by Alderman San s ing to place Ordinance 1353 on SECOND READING. ROLL CALL: Aldermen El liott , Smith , McCleary , Sansing, Ray, Fletcher, Stroud, Twitty , and Howard voted AYE. NAY (0 ). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading o f Ordinance 1353. Alde rman Fletcher moved , seconded by Alderman Stroud to suspend the rules and place Ordinance 1353 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott , Smith , McCleary , Sansing, Ray, Fl etche r, Stroud , Twitty , a n d Howard voted AYE. NAY (0). MOTION CARRIED. Where u pon City Attorney Bamburg read the heading of Ordinance 1353. Alde r man Stroud moved , seconded b y Al derman San sing that Ordinance 1353 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott , Smith , McCleary , Sansing , Ray, Fletcher, Stroud, Twitty, and Howard vot e d AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1353 THIS 6th DAY OF NOVEMBER 2008. 3 CITY OF JACKSONVILLE .. '··0.0.0135 REGULAR CITY COUNCIL MEETING NOVEMBER 6 , 2008 7 :00 P.M. -7 :30 P .M. c . Request land purchase for Reed's Bridge Battlefield Mayor Swaim related that this item is a request from the Reed 's Bridge Ba ttlefield group to purchase a piece of property for the Battlefield. Alderman Stroud asked for a show of hands from members of the City Council that had visited and viewed the property. Mr . Tommy Dupree offered brochures for the Sesquicentennial Commission of the State and a handout regarding the website "ArkansasCivilWar150 .comn that went online in the middle of August . He po inted out that according to statistics, and without publicity, the website has consistently increased in hits, regarding inquiries as to Civil War activities offered in the State of Arkansas. He stated that this falls in line with the Reed 's Bridge project , pointing out that the Museum has linked up with the Civil War Sesquicentennial website. He related that any qua li fying entity can contact Mark Crisp and be linked to the website . He noted that there will be a schedule of activities on the websi t e pertaining to activities within the State, adding that there wo uld be five major projects sponsored by the State . He related that the first project will begin in Little Rock and the last one will end in Little Rock. He added that the other projects would be scatte red around t h e State . He stated that in 2004 Reed's Bridge had appraisals performed on several properties that they were interested in trying to acquire and the property owners were interested in selling . He related that the bulk of those properties have been purchased, saying that this is the last appraisal of the ones performed in 2004 . He stated that the 2004 appraisal of this property was $32,000.00 , explaining that once the group began trying to obtain funding to purchase the property, t he owner stated that the offering price of $32,000.00 was too low. He continued explaining that the owner produced another much higher appraisal . He stated that in conversations he told the owner that the appraisal was much too high, suggesting to the owner that he have another appraisal done on the property. He related that he asked the owner to forward that appraisal, offering that he would see what cou ld be done . He explained that with that , the group vo t ed to approach the City to see if the City would acquire the property to go into the park system. He explained that they met with Mayor Swaim and discussed the request of $57,000 .00 being the top end, wh i ch is the owner's asking price and an additional $15,000.00 to pay off a note on other land and activities done in the past . He explained that Mike Wilson has purchased properties to match the last funds and would try to match the requested $15,000.00 regarding this request . He explained that the City has two appraisa ls one being the 2004 -$32,000 .00 appraisa l and the new appra i sal. Alderman Stroud asked Mr. Dupree if he was aware that the property has a 400 square foot hole on the south side of the property t ha t is covered with a tarpaulin . 4 000136 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7:00 P .M. - 7 :30 P.M . Mr. Dupree answered that he was not aware of the hole , explaining that his function is to bring information before the City , adding that he is not a negotiator for the City. He continued saying that their request of the City is to purchase the property if feasi ble. He sta ted t h at the property would belong to the City. Alderman Stroud stated that while he supports the concept of Mr . Dupree 's group he does not feel that this is a reas ona ble price given the poor condition of the property. He stated that he would support the expenditure of $15,000.00 to pay off the indebtedness, but added that he would not support the asking price of the property owner . Mr . Dupree reiterated that he is not trying to negotiate for the City , adding that he is presenting information for the City to decide if it desires to purchase or if purchase is feas ib le at this time . Alderman Stroud stated that he is disappointed that the property is not on the condemnation list. Alderman McCleary clarified that the $57 ,000 .00 appraisal is a 2008 quote . Mr. Dupree then answered that he had not been to the property recently, and Alderman McCleary related that he had visited the property today, saying that he would agree with Alderman Stroud . Mr . Dupree stated that he is not before Counci l to defend the appraisal , explaining that in 2004 the appraisal incl uded several pieces of property, which have now been transferred to the City excluding this one piece appraised at $32,000.00 in 2004 . He expla i ned that the owner was not sat i sfied with that appraisal, so he s uggested that the proper ty owner obtain an appraisal from an accredited appraiser then he would take that information to the City. It was noted that t he property consisted of slightly less than~ acre (23 ,501 square feet ). Alderman Ray noted that in efforts to link the Civil War history together, some properties would be in better shape than others. He stated that you have to consider the whole picture when considering these properties. He pointed out that with the budge t this particular time is not the best time. He offered that it could be budgeted for 2009 if deemed feasible. Mr. Dupree stated that he felt the owner would hold off until next yea r. He stated t hat he is only delivering information to the City, adding that what can be worked out between t he City and the seller is out of his hands . He reiterated that he is not a negotiator on behalf of the City . Alderman Fletcher ::;tated that while he has not seen the property , his feeling is that if the structure is as bad as Alderman Stroud and 5 CITY OF JACKSONVILLE . 000.137 REGULAR CITY COUNCIL MEETING NOVEMBER 6 , 2008 7:00 P .M. -7 :30 P.M. Alderman McCleary stated that he would like to visit the property before making a decision to purchase. He stated that he would not be in favor of paying $56,000.00 for a half acre of land and then have the expense of tearing down a house that is located on the property. He added that it would be hard to justify that to the citizens. He reiterated that he is not ready to make a decision tonight until he feels comfortab le with the decision . Mr . Dupree then answered Alderman Sm ith that the Reed's Bridge group made an offer on the property that was good for 120 days , adding that the offer was subject to funding . In response to a question posed by Alderman Fletcher, it was noted that the existing rock house structure is approximately 1430 square feet . .... ~ . Alderman Ray moved , seconded by Alderman Stroud to table the funding request pending additional information . MOTION CARRIED . d . Request to accept bid for asbestos removal and demolition Mayor Swaim related that the asbestos removal and demolition bid is concerning condemned houses in the City. He noted the list that was approved previously by City Council, explaini ng that the properties were bid. Alderman Stroud noted that there was new legislation that allowed demolition of one house per block annually without asbestos abatement, questioning if City Planner McCulley was aware of that legislation . City Planner McCulley replied that he was not aware of that new legislation. Mayor Swaim stated that to his knowledge there is no waiver for asbestos abatement . Discussion ensued and City Attorney Bamburg clarified that there was new legislation in 2007, explaining that it offers certain waivers t o the asbestos removal process , but there still has to be an assessment plus it depends on where the properties are located to determine i f any of t he houses would qualify for that level of exemption . He stated that since he was not involved, he is not sure if this was addressed specifically within the bidding process . He stated that he would assume that any bidder would have included that in the way they bid the project . City Planner McCul ley answered that approximately six properties were included in the bidding p r ocess , explaining that some of the structures were little more than a foundation to demolish . He rela t ed that there were four bidders for the project , noting that Youngblood Excavation & Demolition was the low bidder at $33 ,795 .00 . He related that if approved 6 ·000138 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 6, 2008 7 :00 P.M. -7:30 P.M . Youngblood would sub-out the asbestos abatement to He stated t hat both Yo u ngblood and Snyder we re qualify for all insurance , adding that it is his with the low bidder. Snyder Environmental . che cked and they do recommendation t o go Mayor Swaim noted that the high bid was $72 ,100.00. Alderman Smith moved , seconded by Alderman Stroud to accept the low bid from Youngblood Excavation & Demolition in the amount of $33,795.00 with funds to be drawn from budgeted funds. MOTION CARRIED . e . Request to set annexation public hearing November 20, 2008 at 7 :00 p.m. regarding property on General Samuels Road. Alderman Elliott moved, seconded by Alderman Sansing to set an annexation public hearing November 20, 2008 at 7 :00 p.m . in the City Hall City Council chambers regarding property on General Samuels Road bel onging to Emmanuel Bible Fellowship Church . MOTION CARRIED . ADDITION TO AGENDA : Christmas holiday schedule for City of Jacksonville employees Mayor Swaim reminded the City Council that the City of Ja cksonvil le observes the same holiday schedule as the State , informing that the Governor has declared t h e day after Christmas for t h e 2008 calendar year as a State holiday. He asked if the City Council wishe s to observe that day as a holiday along with the State. Alderman Ray moved , seconded by Alderman Smith to suspend the rules and place the proposal t o have December 26, 2008 observed as part of the Christmas Holiday on the agenda . MOTION CARRIED . Alderman Ray moved, seconded by Alderman Smith to add the day of December 26 , 2008 to the 2008 approved scheduled of paid holidays for City of Jacksonville employee s . MOTION CARRIED . APPOINTMENT (S) : ANNOUNCEMENT ( S) : ADJOURNMENT : Withou t objection, Mayor Swaim adjourned the meeting at approximately 7 :30p.m. MOTION CARRIED . Respectfully , ·~~)~ MAYOR TO SWAIM 7 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 20, 2008 7:00 p.m. 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: 7 . WASTEWATER DEPARTMENT: __...... 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: 14. GENERAL: Public Hearing 7:00P.M. 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT a. Regular City Council Meeting November 6, 2008 Regular City Council Meeting October 16, 2008 Regular Monthly Report/October Police Chief Gary Sipes Regular Monthly Report/October Fire Chief John Vanderhoof ORDINANCE 1354 (#21-08) Reclassifying property to be known as Northlake Gardens Northlake Subdivision (Mayor Swaim) RESOLUTION 620 (#13-08) ANNEXATION 6012 General Samuels/Emmanuel Bible Fellowship Church (Mayor Swaim) b. PRESENTATION: 2009 draft budget (Mayor Swaim) City Hall will be closed November 2th and 28th for Thanksgiving Holiday Craft & Gift Sale at Community Center November 21 st and 22nd ',I .:_ •'000139 000140 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20, 2008 7:00 P.M. - 7 :13 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met i n Regular Session on November 20 , 2008 at the regular 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, McCleary , Sansing , Ray , Rinker, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also a nswered ROLL CA LL declar ing a quorum. PRESENT TEN (10), AB S ENT (0). Alderman Fletcher arrived at approximately 7:0 1 p.m. Others present for the meeting were : City Attorney Ro bert Bamburg , Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley , Human Resource Di rector Ji l l Ross, City Pl anner Chip McCulley , F i nance Director Paul Mushrush , Assistant F inance Director Cheryl Erkel, Fire Chief John Va nderhoof , Police Chie f Gar y Sipes , Parks and Recreat i on Director George Biggs , CDBG Director Theresa Watson, Mr . Alfonso Nations , Mr . Tommy Dupree, Mr. Mike Wilson, interested citizens, and members of t h e press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the r egular City Council meeting o f November 6 , 2008 for approval and/or correction at t he next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved , seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of 16 October 2008 be APPROVED . MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved , seconded by Alderman Stroud to approve the Regular Mon thly Report for October 2008 . Report reflects the Total Value of Reported Stolen Pr operty $179 ,254 . Total Value of Recovered Stolen Property$ 52 ,926 and Total Report Sales $1,152 . REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved , seconded by Stroud to approve the Regular Monthly Report for Oc tober 2008 from the Jacksonvi l l e Fire Department, which reflects a f ire l oss o f $35 ,300 and a savings total of $129,700. ROLL CALL : Aldermen : Elliott , Smith , McCleary , Sansing, Ray , Rinker , Fletcher , Stroud , Twitty, and Howard voted AYE. MOTION CARRIED . Aldermen Smith and Elliott comm ended Chief S ipes for being chosen t o attend the two -week FBI Academy and the Po lice Department for hosting the Police Academy . WATER DEPARTMENT: WASTEWATER DEPARTME NT: 1 FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20 , 2008 7:00 P .M. -7 :13 P .M. PLANNING COMMISSION : ORDINANCE 1354 (#21-08) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE ARKANSAS (GENERAL LOCATION: PROPERTY IN NORTHLAKE SUBDIVISION; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES . Alderman Smith moved, seconded by Alderman S troud t o place Ordinance 1354 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith , McCleary, Sansing , Ray , Rinker , Fle t cher, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the head i ng of Ordinance 1354 . Alderman Stroud moved , seconded by Alderman Ray to APPROVE Ordinance 1354 on FIRST READING. ROLL CALL : Aldermen Elliott , Sm ith , McCleary, Sansing , Ray , Rinker , Fle t c h er , Stroud , Twitty and How a rd voted AYE . NAY ( 0) . MOTION CARRIED. Alderman Stroud moved , seconded by Alderman Ray to place Ordinance 1354 on SECOND READING. ROLL CALL : Aldermen E l liott, Smith, McCleary , Sansing , Ray , Rin ker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1354 . Alderman Stroud moved , seconded by Alderman Sansing to suspend the rules and place Ordinance 1354 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing , Ray, Rinker, Fletcher, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1354. Alderman Smith moved , seconded by Alderman Stroud that Ordinance 1354 be APPROVED AND ADOPTED. ROLL CALL : Alderme n Elliott, Smith , McCleary , Sansi n g , Ray , Rinker , Fletcher , Stroud, Tw itt y , and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1354 THIS 20t h DAY OF NOVEMBER 2008. GENERAL : a . Public Hearing and RESOLUTION 620 (#13-08) A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CE RTAIN REAL PROPERT Y BORDERING THE SOUTHWEST BOUNDARIES OF THE CITY LIMITS OF JACKSONVILLE (COMMONLY KNOWN AS THE EMMANUEL BIBLE FELLOWSH I P ANNEXATION); AND , FOR OTHER PURPOSES . Mayor Swaim opened the public hearing at approximately 7:04p.m. 2 1 '.t i") 000 L} {...-CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20 , 2008 7:00 P.M . - 7 :13 P .M. City Planner McCull ey related t hat the annexation is being proposed because Emmanuel Bible Fellowship Church is planning an expansion . He related that the Planning Comm i ssion has reviewed the preliminary p l at , proposed site plan , and the master plan regarding the property. He noted that if the annexation is approved , the development would adhere to City of Ja cksonville development standards and City inspectors will conduct the inspections as the property is developed. Mayor Swaim closed the public hearing at approximately 7:06p.m. Alderman Ray moved , seconded by Alderman Stroud to read Resolution 620 (#13-08). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 620 (#13-08) . Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 620 (#13-08) in its entirety . Alderman Stroud stated that he is familiar with the Church and some of its members , noting that the Church is growing exponentially and he feels it will be an as s et to the City of Jacksonville. At this time, MOTION CARRIED. b. 2009 Draft Budget Mayor Swaim noted that a copy of the budget ha s been provi ded to each Alderman, asking that members review the budget for consideration at the next regularly scheduled City Council meeting . In response to a question posed by Alderman Stroud , Finance Director Paul Mushrush clarified that the deficiency of revenues and other sources over expenditures and other uses is (673 ,172), noting that amount to be represented in the reserve fund balances , and explaining that there are re venues that by either City ordinance or State statute are required to be reserved and encumbered. Further explaining that thos e funds can only be used for ce r tain purpos es . He offered the e x ample of Ordinance 708 drug funds as a specific purpose of funding . He stated t hat these balances are reserve d annually and the expenditure is budgeted annua lly , which i s tracked between years. He stated that the funds are required to be reserved if not spent . He related that there is a cont ingency e xpe nditure in the r eserve fund ba l ances regarding any unforeseen emergency . He then explained that the Fire Equipment Encumbrance was in the 2008 budget regarding repair of the ladder truck, adding that t he repairs will not be completed i n an account ing period that meets modified accrual accounting , so that portion of funds is encumbered in the 2009 budget reserve fund balances . He noted that amount to be budgeted in the Fire Department 's Equipment Fund and will be expensed in 2009 . Mayor Swaim noted chang es for muni ci pal accounting corre:sponding with changes in the GASB accounting standards. He noted that all fun ds for Po li ce and Fir e Pensions are transferred through the General Fund , which 3 000143 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 20 , 2008 7 :00 P .M. - 7 :13 P .M. makes the budget appear larger than it is. He asked t hat members review the budget for the next r egular l y scheduled City Council meeting . APPOINTMENT (S) : ANNOUNCEMENT(S): Mayor Swaim n ot ed that City Hall will be closed November 27th and 28th for the Thanksgiving Holiday . He reminded the City Council membe r s to contact Director of Administration Jay Whisker before noon tomorrow if they are planning to ride in t he Christmas parade. ADJOURNMENT : Without objection , Mayor Swaim adjourned the meeting at approximately 7 :13p .m . MOTION CARRIED . Respectfully , 4 000144 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting December 4, 2008 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 Department Engineering 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 Meetin g November 20, 2008 Regular City Council Meeting November 6, 2008 Regular Monthly Report/November Public Works Director Jim Oakley Regular Monthly Report/November City Planne r Chip McCulley Request to accept bid: Leaf Vacuum (Mayor Swaim) Set PUBLIC HEARING 12/18/08 Abandoning & vacating street easement on Chapel Hill Road (Mayor Swaim) b. ORDINANCE 1355 (#22-08) Adopting fiscal budget for 2009 (Mayor Swaim) c. Reed's Bridge Preservation Society request for City funding expenditure (Alderman Howard) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4 , 2008 7:00 P .M. -7:37 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 4, 2008 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Rhett Alberson and Gavin Price led a standing audience in the "Pledge of Allegiance" to the flag. Mayor Swaim recognized Public Works Director Jim Oakley and the employees of the Street Department for the outdoor Christmas lighting . He then recogni zed Linda Dupree of the Finance Department for the decoration inside City Hall . He thanked everyone responsible in prepar ing decorations for the Christmas season. ROLL CALL : Aldermen: Elliott, Smith, McCleary, Sansing, Ray , Fletcher, Stroud, and Howard answered roll cal l. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Twitty and Rinker were absent. Others present for the meeting were: City Attorney Rober t Bamburg, Deputy Ci ty Clerk Lynette Culpepper, Director of Administration Jay Whisker , Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Assistant Finance Director Cheryl Erkel, Fire Chief J ohn Vanderhoo f, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs . Judy Swaim, Mr . Alfonso Nations, Ms . Michelle Price , Mr . Mike Wilson, Mr. Tommy Dupree, interested citizens , and members of the press . PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of November 20 , 2008 for approval and/or correction at the next regular ly scheduled City Council me eting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council Meeting of 6 November 2008 be APPROVED . MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman E lliott moved , seconded by Alderman Howard to approve the Regular Monthly Report for November 2008 . Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License 15 7 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR 1 35 53 32 20 000146 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M . -7:37 P .M. UNSIGHTLY & UNSANITARY 1 18 Grass Letters Property Mowed Board windows/doo rs Trash Lette rs 2 71 3 Letters 10 $1,674 .23 Trash Removal Property Ma int. Cost CITATIONS Debris & open storage Property maintenance 1 0 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letter Structura l repairs made Demolitions WARRANTS Arrest Search REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Regular Monthly Animal Control Report reflects: Alderman Howard to for November 2008 . ADOPTION/FINES : CONTRI BUT IONS: TOTAL: $1 ,910 .00 $ 55 .00 $1 ,965 .00 2 36 0 0 0 0 approve the Said report ROLL CALL: Aldermen: Elliott, Stroud, and Howard voted AYE. Smith , McCleary, MOTION CARRIED. Sansing, Ray, Fletcher, WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid for leaf vacuum Alderman Smith moved , seconded by Alderman Ray to approve the low bid from Henard Utility in the amount of $19,500.00 with funds to be drawn from budgeted Street Department funds . In response to a question from Alderman Fletcher, Pub l ic Works Director Jim Oakley stated that he is fami liar with the machine o f fered in the l ow bid and feels comfortabl e with the low bidder, adding that both bids met specifications. He then answered that if approved the machine would be delivered tomorrow, since it is in stock . At this time MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL; a. Set public hearing to abandon & vacate street easement on Chapel Hill Road 2 .; ; .000.14 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7:00 P.M . -7:37 P.M . It was the consensus of the City Council to set the public hearing to abandon & vacate a street easement on Chapel Hill Road at the regularly scheduled City Council meeting of December 20, 2008 at approximately 7 :00 p .m. b. ORDINANCE 1355 (#22-08) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2009; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND SERVICES COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, AND SANITATION FUND; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. I n response to a quest i on posed by Alderman Smith , Mayor Swaim related that a l l employees would receive a 5% sa l ary inc r eas e, fur t her noting that he would rece i ve a 1% salary i ncr ease . Alderman Sm i th moved , seconded by Alde r man Strou d to place Ordi nance 1355 on FIRST READING . ROLL CALL : Al d ermen El l iot t , Smi th, McCleary , Sansing , Ray , Fl etcher , S t roud , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City At t orney Bamburg read t he heading o f Ordinance 1355. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Or di n anc e 1355 on FIRST READING . ROLL CALL: Ald e r men Ell i ott , Smith , McCleary , San sing , Ray , Fle t cher, Stroud , a n d Howa r d voted AYE. NAY (0). MOTION CARRIED . Alderman Ray moved , seconded by Alderman St r oud to place Or din ance 1355 on SECOND READING . ROLL CALL: Aldermen E l li ott , Smith, McC l eary , Sansing , Ray , F l etcher, S troud, a n d Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg re a d the heading of Ordinance 135 5. A l derman Smith moved , seconded by Alderman McClea ry to suspend the rules and place Ordi nance 1355 on THIRD and FINAL READING. ROLL CALL : Al dermen E l l i ott , Smith , Mc Cl eary , Sansing, Ray , Fletcher , Stroud , and Howard voted AYE . NAY (0 ). MOTION CARRIED . Whereupon City Attorney Bamb u rg read the h e ading of Ordi nance 1355. Alde r man Stroud moved , seconded by Al derman Howa r d t hat Ordi nance 1 3 55 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Ell i ott, Sm i th , McCleary , Sansing , Ray , Fletcher , St r oud , a n d Howard voted AYE . NAY (0). MOTION CARRIED. Alderman S t roud move d , seconded by Al derman Ray to approve and attach the EMERGENCY CLAUSE . ROLL CALL : Al dermen Ell i ott, Smith , McCleary , Sansing , Ray , Fletcher , Stroud , and Howard voted AYE . NA Y (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1355 THIS 4 th DAY OF DECEMBER 2008. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7 :00 P .M. -7 :37 P .M . Alderman Ray commended Mayor Swaim and staff regarding financial management , saying on behalf of the employees, that he is pleased to see that the City could offer a 5% salary increase for its employees. Alderman Fletcher echoed those sentiments, acknowledging that considerations make it difficult for many other cities to financ i al ability to offer any salary increase . economic have the Alderman Elliott noted that the highest increase discussed among other c ities at the Municipal League meeting was 3%. c . Reed's Bridge Preservation Society request for Ci ty funding expenditure Mr . Tommy Dupree requested a City funding retire a bank loan owned by the Reed 's regarding the last property transaction Military Road. expenditure of $15,000 .00 to Bridge Preservation Society involving Trickey Lane and He then added that he and his sister-in-law offered 38 acres that was put into an easement located within the Battlefield , so the Battlefield area is still growing. He offered a visual layout of the property including plans for the 2009 year regarding walk trails, parking lot, and panels. He related that Mr. Jack Danielson would be requesting funds for additional panels beyond the southwest quadrant. He then noted interest from the Canoe Club and the Game and Fish following a canoe trip upstream from Hwy. 161 , under the railroad tra ck and back down. Mr. Jack Danielson displayed an Arkansas Water Trail sign, explaining that it is a program sponsored by the State of Arkansas through the Arkansas Game and Fish. He re lated that the Arkansas Game and Fish are establ ishing water trails throughout the State. He noted that a rep r esentative from the program fl oated the area with the Canoe Club. He stated that Jacksonville has an attraction for people that are interested in the outdoors and fl oating in canoes and kayaks . He related that statistically people who are interested in Civil War history as a class of tourist spend more money than the average tourist does and bird watchers as tourist spend more than any other class of tourist. He stated that Jacksonville could promote the Bayou and wildli fe. Discussion ensued regarding tourist dollars spent by wildlife enthusiasts versus hunting and fishing. I t was noted that the number of hunters and fishermen are declining while the number of people who observe wildlife are growing. He stated that this is an area of tourism that Jacksonville should try to capture . Mr. Danielson noted that Public Works Director Jim Oakley laid out a wa l king trail along the edge of the Bayou, noting that the City owns both sides of the Bayou from Hwy . 161 going back to the railroad bridge. He related that two landings are planned for the area. 4 :-: 00.014 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4 , 2008 7:00 P .M. -7:37 P .M. In response to a question posed by Alderman Ray, Mr . Dupree related that the match was the triangular land purchase between Trickey Lane and Old Military Road of which the City has already fun ded a portion of that purchase . He concurred that the $15,000 .00 request would be the clear up the last of the land purchases . Alderman Ray moved , seconded by Alderman Stroud to contribute $15,000 .00 to clear old debt regarding land purchases for Reed 's Bridge Preservation Society . It was noted that the funds would be expended from t he 2008 Contingency Fund . At this time MOTION CARRIED. d . RESOLUTION 621 Mayor Swa im related the need to suspend the rules and place a reso lution on the agenda. He explained that in October the City Council authorized himself and the City Clerk to negotiate a new lease with the 50l(C3) that manages the hospital. He related that because bonds decreased they were unable to defease the bonds so a lease could not be performed , adding that currently the Board is working in a different direction . He provided a brief history , noting signif i cant losses by major area hospitals but added that North Metro has still been able to operate but is losing money at the rate of over $4 00 ,000 monthly. He specified t hat last month t he Hospital lost approximately $471,991, relating ongoing negotiations between attorneys and the prospective manageme nt company. He related that November's numbers are not any better than the previous month , stating that we can not continue under those circumstances to maintain the Hospital as a viable operating business . He related that the Hospital Board has been working on a new opportunity with the same company, Allegiance to come in and manage the Hospital for a period of time. He continued saying that Allegiance is asking for a n option to purchase the Hospital at a later date . He stated that the Board had an appraisal performed and there is a tentative agreement that states Allegiance will pay the appraised value or t he amount of debt that is owed on the Hospital whichever is greater at the time of closing . He stated that we , as a community, need a hospital. He explained that there are 500 employees at the Hospital with a payrol l of $5,000,000 annually, which represents a $15, 000, 000 impact on the local economy . He added that it is in Jacksonville 's best interest to maintai n a hospital whether the City or some other entity owns the facility. He stated t h at the option to purchase could be executed anytime within the time deemed feasible. He related that the Hospital Board has spent many hours working to come up with a plan that would make the Hospital viable and keep it in operation. He then explained that the Company is proposing to bring some of their operations that they are leasing space for in another hospital to 5 ooot50 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7 :00 P .M. -7:37 P .M. Jacksonville. He added that such an option wou l d boost t h e Hospital 's income and prediction s wi t h i n six months say we should se e some tur na r ound whe r e the Hospital is at l east i n a break -even situatio n. He reiterated the value of hav i ng a hospital in the commun i ty , citing that Jacksonville 's comp etition i s s i x to ten mi l es away, e x pla ining that i t is very d i fficu l t r e garding today 's situati o n s to keep a hospital feasible. He stat ed that he fee l s very strong l y that if the Ci t y is able to enter into an agreement and at least kee p the Hospital o p en then Jacksonville is much better off than not having that option or ma king the effort . He stated that this may not be the most optimal deal but there i s no better deal available . He stated t h at t h e Board worked with at least t hree othe r hospital entities , including St. Vincent a nd Baptist Hospitals , neither hospital made any offer. He stated at thi s juncture , this is the client and they have an opportunity to come in and wo r k with the Board regarding t he Hospital. Alderman Elliott moved, seconded by Alderman Smith to suspend the rules and place Resolution 621 (#14 -08) on the agenda . MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 621 (#14-08) i n its entirety. MOTION CARRIED . Whereupon City Attorney Bamburg read Resolution 621 (#14 -08 ) . Prior to completion of the readi n g of Resolution 621 (#14 -08) in its entirety the following motion was acce p ted . Alderman Ray moved, seconded by Alderman Stroud to dispense with the reading of Resolution 621 (#14-08) in its entirety having accomplished understanding of the Resolution's purpose. MOTION CARRIED . Alderman Smith moved, seconded by Alderman Stroud to approve Resolution 621 (#14-08) in its entirety . MOTION CARRIED . Discussion ensued regarding the possibility of establishi ng a weekend walk-in clinic and Mr. Mike Wi l son stated it to be one stipulation that the Board had ins i sted on . He went on to inform the City Council that he feels the Company does intend to establish a weekend cl i nic . Mr. Wilson stated that Mayor Swaim and the Hospital Board has spent an e n ormous amount o f time and effort making inquiry as to the strength and soundness of the Allegiance Company. He re l ated that it was found that the Company operates othe r hosp i ta l s i n the Stat e as we l l as i n Louisiana and Texas. He noted that the Board was well satisfi ed with the in f ormation on t h e Allegiance Company . He added that the mos t i mportant issue that the Mayor and Board have insisted on , is the maintenance of the e x isting services that our Hospital p rovides for the future and Allegiance has agreed to do that. He no t ed that whi l e the OB/GYN service had collapsed because of medical care p r ovide r s it is hoped that the service can be reestablished. He stated that the real significant fea t ure of this transaction is to mainta i n a l l services regarding a first c l ass hospital . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2008 7 :00 P .M. -7:37 P .M. Alderman Ray complimented the services regarding a recent hospital stay . Alderman Fletcher offered that he would also like to have the opinion of the doctors who have worked in the hospitals managed by the Allegiance Company, adding that he would like to know that the doctors are satisfied . He then as ked Mayor Swaim to secure more detailed plans regarding Allegiance plans fo r the Hospital 's future. Mayor Swaim related that Allegiance has conducted two meetings so far with the docto rs and are planning one more meeting , adding that Allegiance is making every effort to work with the doc t ors to encourage them to be participants in the system. He no ted the viability regarding different areas that have passed a Sales Tax , noting that without a tax the hospita l closes and residents have to dr ive 50 to 7 5 miles to a hospital, explaining that this is a major factor regarding whether a sales tax is feasible . In response to a sugges tion from Alderman Fletcher, Mayor Swaim pointed out that the Board has asked for a first right of refusal to t ake the Hospital back if at some point in time they are unable to continue with the Hospital. ANNOUNCEMENT (S): City Hall Open House will be held Friday, December 12th and the Christmas Parade will be Saturday, December 6th. Mayor Swaim and the City Council joined in commending the Police Department regarding the positive publicity recent l y received by the Department. Mayor Swa im expressed confidence in Chief Sipes ' continuing efforts to fight cri me in the City of Jacksonville. He stated that t hose who break the law, especially concerning drugs, need to be put on not i ce that the City will continue to fight that crime. He noted the many hours of overtime work required to bring a successfu l conclusion , stating that the results are worth the long hours involving overtime. Chief Sipes and the Poli ce Department were applauded for their recent success . Mayor Swaim then announced the tentative date for the new Library opening Saturday, February 14 , 2009 . He noted that the Museum rece ived its plane and is seeking a C-130 , adding that Public Works Director J i m Oakley and his crew were instrume ntal in help ing with the fou ndation for the plane. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7 :37 p .m . MOTION CARRIED . Respectfully , ~ ~La .r ""' MAYOR -TO SWAIM 7 City Council Of Jacksonville , Arkansas AGENDA Regular City Council Meeting December 18, 2008 7 :00 p.m. 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: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13. P LANNING COMMISSION : 14. GENERAL: 7:00p.m. PUBLIC HEARING a. b. c. 15. APPOINTMENTS: ADDITION TO AGENDA: 16. ANNOUNCEMENTS : ADJOURNMENT Regular City Council Meeting December 4, 2008 Regular City Council Meeting November 20, 2008 Regular Monthly Report/November Police Chief Gary Sipes Regular Monthly Report/November Fire Chief John Vanderhoof FINAL PLAT: Cavin Estates Lots 1-3 (Mayor Swaim) ORDINANCE 1357 (#24-08) Abandon & close street easement on Chapel Hill Road (Mayor Swaim) ORDINANCE 1356 (#23-08) Waiving competitive bidding equipment and services for copier/printer maintenance (Mayor Swaim) Consideration to cancel/move City Council January 1, 2009 meeting (Mayor Swa i m) PLANNING COMMISSION Reappointment of Art Brannen and Susan Dollar terms t o expire 01/01/2012 WATER COMMISSION Appointment of Phillip Keaton term to expire 04/20/2010 Request fo r CDBG funds for emergency housing CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18 , 2008 7 :00 P .M. - 7 :37 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 18, 2 00 8 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen: answe r ed roll call. quorum . PRESENT SIX approximately 7:25p.m . Smith , McC l eary, Mayor Swaim also (6), ABSENT (3). Sansing , Ray , Twitty , and Howard answered ROLL CALL declaring a Alderman Fletcher arrived at Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jay Whisker , Public Wo rks Director Jim Oakley , Human Resource Director Jill Ross , Finance Director Paul Mushr u sh , Assistant Finance Director Cheryl Erke l, Fire Chief John Vanderhoof, Battalion Fire Chief Joe Bratton, Police Chief Gary Sipes , Parks and Recreation Director George Biggs , CDBG Director Theres a Watson, Mr . Mike Wilson , interested citizens , and members of the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meet in g of December 4 , 2008 for approval and/or correction at the next reg u larl y scheduled City Council me eting . APPROVAL AND/OR CORRECTION OF MI NUTES : Alderman Smith moved , seconded by Alderman Howard tha t the minutes of the Regular City Council Meeting of 20 November 2008 be APPROVED . MOT I ON CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved , seconded by Alderman McCleary to approve the Regular Monthly Report for November 2008 . Repo rt reflects the Total Value of Repo r ted Stolen Property $95,310. Total Value of Recovered Stolen Property $27 ,7 10 and Total Report Sales $845. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved , seconded by Alderman McCleary to approve the Regular Monthly Report for November 2 008 from the Jacksonville Fire Department , which reflects a fire loss of $3,500 and a savings total of $79 ,000. ROLL CALL: Aldermen : Smith , McCleary , Sansing , Ray, Twitty , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : 1 SANITATION DEPARTMENT : PARKS & RECREATION : CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18 , 2008 7:00 P.M . -7:37 P .M. PLANNING COMMISSION : FINAL PLAT Cav in Estates Lots 1-3 Mayor Swaim related that the property was formally known as the Ha ll elujah Trailer Park , which i s being proposed for single -family home construc t ion. He then related t h at t he property i s located o n Valentine , Mayfa i r and Borroug hs Road s . Alderman Howard moved , seconded by Alderman Ray to approve the Final Plat of Cavin Estates Lots 1-3 . MOTION CARRIED. GENERAL : a . 7:00p .m. PUBLIC HEARING ORDINANCE 1357 (#24-08) AN ORDINANCE VACATING AND CLOSING A PORTION OF CHAPEL HILL ROAD, JACKSONVILLE , ARKANSAS (GENERAL LOCATION : CHAPEL HILL ROAD, JAC KSONVILLE , ARKANSAS); AND , FOR OTHER PURPOSES. Mayor Swaim exp l ained that without more than six City Counc i l members present the ordinance could only be addressed for first reading. Mayor Swaim opened the public hearing at approximately 7 :13p .m. There was no one p r esent to speak in opposition to the closing and vacating a portion o f Chapel Hill Road . Alderman Ray moved , seconded by Al derman McCleary to place Ordinance 1357 on FIRST READING . ROLL CALL: Aldermen Smith , McCleary, Sans i ng, Ray , Twitty , a n d Howard voted AY E. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1357 . Alderman Ray moved , seconded by Alderman Sans i ng to APPROVE Ordinance 1 357 on FIRST READING. ROLL CALL : Aldermen Smith, McClea r y , Sansing , Ray , Tw i tty and Howard voted AYE . NAY (0). MOTION CARRIED. Mayor Swaim stated that Ordinance 1357 would be further addressed at the next regular l y scheduled City Counci l meeting . b . ORDINANCE 1356 AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF EQUIPMENT AND SERVICES REGARDING COPIER/PRINTER MAINTENANCE SERVICES, COMPUTER SOFTWARE, SCANNERS, WEBLINKS , WEB PUBLISHING , AND OTHER SUCH NECESSARY EQUIPMENT FOR THE MAINTENANCE S ERVICES FOR USE BY THE CITY OF JACKSONVILLE; DECLAR I NG AN EMERGENCY, AND, FOR OTHER PURPOSES . Finance Director Paul Mushrush related that the City is embarking on two s i mu l taneous ventures, explai ning t h at the City is going "green" nex t year and hopes to be paperless by the end of the year. He stated that current l y the Ci ty has multi-user software b u t would also n eed the corporate edition to achieve the goal to be paper l ess. He stated t hat in addit i on , the City would cont r act with Aris t ot l e to redes i gn t he Ci ty 2 CITY OF JACKSONVILLE '0 0 01 55 REGULAR CITY COUNCIL MEETING DECEMBER 18 , 2008 7 :00 P.M . -7:37 P.M . website. He noted that Datamax Micro is also the supplier of web link software that would pub lish documents of a pub lic nature on the web . He stated that since the basics are already in p l ace it is more feasible to find a different company that would redesign the entire structu re . Alde rman Smith moved , seconded by Al de r man McClea ry to place Ordinance 1356 on FIRST READING . ROLL CALL : Aldermen Smith, McCleary , Sansing , Ray , Tw i tty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1356 . Alderman Sansing moved, seconded by Alderman Ray to APPROVE Ordinance 1356 on FIRST READING. ROLL CALL : Aldermen Smith, McC leary, Sansing, Ray , Tw itty and Howard voted AYE. NAY (0). MOTION CARRIED. Mayor Swaim stated that it i s h is unders t andi ng that Al derma n Fle tcher has ca lled and is on his way , adding that when he arrives the Ordinances can be put bac k on for second and third reading . c. Consideration to cancel/move City Council January 1, 2009 meeting Alderman Smith moved, seconded by Alderman Howard to cancel the January 1, 2009 regularly scheduled City Council meeting. MOTION CARRIED . APPOINTMENT(S): Alderman Ray reappointment 01/01/2012 . PLANNING COMMISSION moved, seconded by of Art Brannen and WATER COMMISSION Alderman Smith Susan Dollar for to approve the terms to expire Alderman Smith moved, seconded by Alderman Sansing to approve the appointment of Phillip Keaton for a term to expire 04/20/2010 . At 7 :19 p.m. Mayor Swaim related the n eed to address an item that is no t listed on the agenda , asking for a brief re c ess allowing Alde rman Fletcher to arrive . It was the consensus of the City Counci l to suspend further business pending the arriva l of an additiona l City Council member . Mr . Mike Wilson reques t ed and was granted an opportunity to address the City Council . He expressed his gratitude to the City l eaders, saying that he feels the City of Jacksonville is a very good c ity. He cited t h e example of Pub lic Works Direct or Jim Oakley delaying t h e purchase of asphalt to wait for the oil prices t o come down . He continued say i ng that the City has maintained a record o f smar t decisions, such as the Reso l ution to a l low for a c h arter school. He relat ed that the City Council has done an excellent job and he hopes it cont i nues , adding t hat he is awa re the re is an election in a couple of years . He stated that he fee l s the City has a "fabulous" mayor, addi ng jokingly , that t h e Mayor did not goad or pay him for that endorsement . He said that in l ooking at 3 0:00156 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 1 8 , 2008 7 :00 P .M. -7 :37 P .M. other surrounding cities i t obvious , noting the recent success of Chief Sipes and the Police Department. He stated that he is very proud of Jac k sonville . He related that he was born on the Air Force base 40 years ago and after coming to know the Mayor and City Council members, he realizes how much has been accompl i shed for the City . He stated that he hates the fact that the City will loose Mayor Swaim when he retires, adding that i t will be hard to fil l his shoes . He continued, saying that many people in the City have no idea how much good has been accomplished for them. He added that he would just like to say, "thank you.n Mayor Swaim and the City Council thanked Mr . Wilson for his kind words. Mayor Swaim updated the City Counc i l regarding t he Hospita l, saying that there is a verba l agreement but there are a f ew technical issues to be resolved before the papers are signed. He re l ated that the Hospital staff is working diligently regarding improvements to help with any issues, adding that the Hospita l i s carrying on with the bus i ness of healthcare for the c i tizens of Jacksonvi lle, as usual. Alderman Fletcher arrived at approx imatel y 7:2 5p.m . Mayor Swaim stated that wi th the arrival of Alderman Fletcher the City Council has enough members to suspend the rules and place the Ordinances on seco nd readi ng. RESUMPTION OF ORD I NAN CE 1357 Al derman Smith moved , seconded by Alderman Howard to suspend t he rules and place Ordinance 1357 on SECOND READING . ROLL CALL : Aldermen Smith , McCleary, Sansing , Ray , Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1 357. Alderman Sansing moved, seconded by Alderman Howard to APPROVE Ordinance 1357 on SECOND READ I NG. ROLL CALL : Aldermen Smith, McCleary , Sansing , Ray, Fletcher, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Howard moved , seconded by Alderman Sansing to suspend the rules and place Ordinance 1357 on THIRD a n d FINAL READING . ROLL CALL : Aldermen Smith, McCleary, Sansing , Ray, F l etcher , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1357. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1357 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Smith , McCleary , Sansing, Ray, Fletcher, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADO PTED AND NUMBER 1357 THIS 1 8 th DAY OF DECEMBER 2008 . 4 RESUMPTION OF ORDINANCE 1356 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7:00 P .M. - 7 :37 P.M . Alderman Sansing moved , seconded by Alderman McC l eary to suspend the rules a n d place Or dinance 1356 on SECOND READING . ROLL CALL: Aldermen Smith, McCleary , Sansing , Ray, Fletcher , Twitty, and Howard voted AYE . NAY ( 0} . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1356 . Alderman Ray moved , seconded by Al d erman McCleary to APPROVE Ordinance 1356 on SECOND READING . ROLL CALL : Aldermen Smith, McCleary , Sansing, Ray, Fletcher , Twitty, and Howard voted AYE. NAY (0 ). MOTION CARRIED. Alderman Smith moved , seconded by Alderman McCleary to suspend the ru l es and place Ordinanc e 1356 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith , McCleary, Sansing , Ray, Fletcher , Twitty , and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamb u rg read the heading of Ordinance 1356. Alderman Sansing moved , seconded by Alderman McCleary t hat Ordinance 1356 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Smith, McCleary , Sansing, Ray, Fletcher , Twitty, and Howard voted AYE. NAY (0 ). MOTION CARRIED. Alderman Ray moved , seconded by Alde rman Smith that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alde r men Smith, McC l eary , Sans i ng, Ray , Fletcher , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1356 THIS 18th DAY OF DECEMBER 2008 . ADDITION TO AGENDA : Mayor Swaim related that there is an apartment complex in J acksonville that has gone into foreclosure and been placed in receivership, explaining that there are 12 to 14 families that have been notified t h at they will have to move from the property by January l 5 t . He stated that because the families would not receive a refund of t h eir deposit it leaves them without funds to help get them into other p roperties. He stated that CDBG Director Teresa Watson has related that t h ere are CDBG funds available to help in an emergency situation . He re l ated that the estimated cost totals approximate l y $4 ,000 .00. He stated that if conversations between Director of Administ r ation Jay Whisker and the receivers are favorable , the tenants may be able to stay in the complex and this precaution would not be necessary. Alderman Sansing moved , seconded by Alderman McCleary to suspend the rules and place the item of emergency housing assistance on the agenda for discussion. MOTION CARRIED. Alderman Howard moved, seconded by Alderman Ray to authorize CDBG Director Theresa Watson to work with tenants, if necessary , to relocate these families, authorizing expenditure up to $4 ,000 .00. 5 000158 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 18, 2008 7 :00 P .M . -7 :37 P.M. Director Watson answered that three or four of the families are on disability and the remainder of the tenants are emp loyed. Mr. Wilson offered that he may have units available in his trailer park . Mayor Swaim offered c l arification , answering that the tenants have received a letter to move, explaining that the water bill for the complex had gone unpaid and the water was cut -off. He related that t hrough negotiation , they were able to get the Water Department to turn the water back on and at this point, the water will be turned off January l 5 t . Director Watson then answered that not all 14 families would need assistance. In response to a question posed by Alderman Fletcher, Mayor Swaim e xplained that the City became aware of the situation because Code Enforcement has been dealing with complaints of no water and other deficiencies at the apartments . He related that the City has been working with the manager over the past few months to resolve those issues . He expla i ned that at one point , the water was shut -of f but the City was able to get the water turned back o n, further exp l ain i ng that the owners are out of State. Director of Administration Jay Whisker related that the owners have been dep l oyed and the person taking care of the property has since turned it over to a th ird party. He related that as of today at 3 :00 p .m . they learned that Fannie Mae has taken t he own ers to court and has gotten a management company t o take over. He explained that he had contacted the management company to asce rtain if the tenants would be able to stay and was told that it was uncertain because technically Fannie Mae is now the owner. He stated that they will be able to find out in the next few days what will happen regarding the tenants . Mayor Swa im then clarified that the apartment complex is the Manor House on Redmond Road near Dupree Park. He noted t h at t he complex was rebui l t a ft er bu rn i n g in 1972 or 1973. Alderman Fletcher expressed the certai n ty r egard i ng t h e need to help but issu ed concerns for setting a precedence. He added that any ass i stance would need t o be clear l y defined. Mayor Swaim related that the number of famil i es have dwindled as the City has been involved trying to get the building up to code . He stated that the City does not have funds regarding this t ype of emergency, but CDBG does have funding for eme rgency type situations. I t was clarified that each family would have to qualify for CDBG ass i stance funds. He stated that it is simi lar to a situation when a h eat i ng unit needs to be rep l aced regarding a person who qualifie::; for CDBG funding . He r elated that while that type of activity has been approved for Director Wa t son to 6 CITY OF JACKSONVI LLE Oo ()jr!Q t. .... -,) t.J REGULAR CITY COUNCIL MEETING DECEMBER 18 , 2008 7 :00 P .M. -7 :37 P .M. pe r form on a regul ar bas i s; she h as not been approved to appropriate fund i ng in this type of c i rcumstance , adding that this i s a one -time s i tuation . He stated tha t this was the only opportunity to obtain permi ssion from City Council to move forward before January 1st . Alderman Ray called for a question to the motion. At this time MOTION CARRIED . ANNOUNCEMENT ( S) : ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:37 p .m. MOTION CARRIED . Respect fully , 7