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2009000160 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting January 15 , 2009 7:00 p.m. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Animal Contro l Department Engineering Department Fire Department Police Department 6. WATER DEPARTMENT: 7 . WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPART MENT: 11 . SANITATION DEPART MENT: 12 . PARKS & RE C . DEPT: 13. PLANNING COMMISSION : a . Regular City Council Meeting December 18 , 2008 Regular City Council Meeti ng December 4 , 2008 Regular Monthly Report/December Annual Report/2008 Public Works Director J im Oakley Regular Monthly Report/December City Planner Ch ip McCulley Regular Monthly Report/December Chief John Vanderhoof Regular Monthly Report/Decem ber Chi ef Gary Sipes 2008 Annual Report by Mike Simpson (Mayor Swaim) 2008 Annual Report by Thea Hughes (Mayor Swaim) ORDINANCE 1358 (#1-09) Waiving competitive bidding software, equipm e nt , training and support (Mayor Swaim) FINAL PLAT: Lot 5 , First Pla ce Commercial Add ition (Mayor Swaim ) b. ORDINANCE 1359 (#2 -0 9) Re classifying lots 1-6 & 48-53 , Block 2, Brown Addition (Mayor Swaim) Regular City Council Meeting A G E N D A continued : ~January 15, 2009 14. GENERAL: ~ 15 . APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT a. Set Annual Planning Comm ission and City Council Joint meeting (Mayor Swaim) b . Establish maintenance priorities prior to condemnation (Aldermen Stroud, McCleary, and Howard) c. Proposal to move forward on engineering regarding Capital Improvement Projects (Mayor Swaim) d . Request of land purchase for Reed 's Bridge Battlefield (Alderman Ray) e . STATE OF THE CITY (Mayor Swaim) Swearing in ceremony will take place immediately prior to City Council meeting o.o.o 161 ·OO Ol 62 CITY OF JACKSONVILLE REGULAR CI TY COUNCIL MEETING JANUARY 15, 2009 7:00 P .M. -7 :53 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 January 15 , 2009 at the regular meeting place of the Council. Al derman Howard delive red the invocation and Mayor Swaim led a standing audience in t he "Pledge of Allegiance" to the f lag . ROLL CALL: Aldermen : Elliott, McCleary , Sans i ng , Ray , Rinker, Stroud , Twitty, and Howa r d answered roll cal l. Mayor Swa im also answered ROL L CALL declaring a quorum . PRESENT EIGHT (8}, ABSENT (2). Aldermen Fletcher and Smith were 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 Ross , Finance Director Paul Mushr ush , City Planner Chip McCulley , Fire Chief John Vanderhoo f , Police Chief Gary Sipes , Parks and Recreation Directo r George Biggs , CDBG Director Theresa Watson , Wastewater Utility Gene ral Manager Thea Hughes , Wastewater Utility Supervis or Bob Johnson, Wa ter Utility Ge n e ral Manager Mike Simpson , 911 Communications Director Brenda Skinner, Co de Enfor cement Officer Marty Sanady , Mrs . Judy Swaim, Mrs. Helen Stroud, Mrs . Paulette Howard, Mr . Troy Rinker, Mr . Tommy Dupree, Mr . J im Peacock , Mr . J ack Danielson , Mr . Mike Wi lson , interested citizens , and members of the press . PRESENTATION OF MINUTES: Mayor Swaim p r esented the minutes of the r egular City Council meeting of December 18 , 2008 for approval and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved , seconde d by Alde rman Ray that t he minutes of the Regular City Council Meeting of 4 December 2008 be APPROVED. MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Mc Cleary to appr ove the Regular Monthly Animal Control Report for December 2008 and the Annual Anima l Control Report for 2008 . Said report reflects: DECEMBER ADOPTION/FINES : $2,735 .00 CONTRIBUTIONS : $ . 00 TOTAL: $2,735 .00 REGULAR MONTHLY REPORT/ENGINEERIN G ANNUAL 2008 ADOPTION/FINES: $34,448.75 CONTRIBUTIONS : $ 2 ,311 .00 TOTAL : $36 ,759 .75 Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for December 2008 . Said report reflects : 1 CITY OF JACKSONVILLE '·: 000.163 . . REGULAR CITY COUNCIL MEETING JANUARY 15 , 2009 7:00 P.M. - 7 :53 P .M. PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Board windows/doors Trash Letters 9 6 5 0 1 106 Trash Removal 4 Property Maint . Letters 40 Cost $ 338.61 CITATIONS Debris & open storage Property maintenance 2 3 INSPECTIONS PREFORMED Building Inspections Ele c trica l Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letter Structural repairs made De molitions WARRANTS Arrest Search REGULAR MONTHLY REPORT/FIRE DEPARTMENT 28 33 38 27 15 0 0 8 0 0 0 Alderman Ray moved , seconded by Alderman McCleary t o approve the Regul ar Mo nthly Report for December 2008 from the Ja cksonvil l e Fire Department , which reflects a fire loss of $30 ,750 and a savi ngs total of $77 ,25 0 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regu l a r Monthly Report for December 2008 . Report reflects th e Total Value of Reported Stolen Property p e nding . Total Value of Recovered St olen Property pending and Total Report Sales $802 . ROLL CALL : Aldermen : Elliott, McCleary, Sansing, Ray , Rinker , Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: 2008 Annual Report by Water Department General Manager Mike Simpson Water Department General Manager Mike Simpson offered an annual report summary to the City Counc i l. He related that Ja c ksonville Waterwor ks had z e ro water quality violations in 2008 and current l y mee ts or exceeds all Fede ral and State standa rds for safe drinking water. He reviewed fie ld operation highlights : Waterworks maintenance crews have upgraded, relocated , and/o r looped water lines and appurtenances that included 1,018 linear feet of mains , 11 valves , 2 fi r e hydrants and improving 104 ex i s t ing water services . Maintenance crews have provided information for the update of our water distribution system grid maps a nd are continuing ma i ntenance on over 3 ,000 valves a nd almost 1 ,000 fire hydrants . 2 00 01 64 Waterworks maintenance crews flushing program, flowing a system. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 1 5, 2 00 9 7:00 P.M . - 7 :53 P.M. performed the annual water distribution- total of 9 million gallons to flush the The Inspection Department inspected subdivision projects, which consisted of 16,379 linear feet of mains, 17 fire hydrants , 57 valves, and 224 new water services . The Inspection Department staff performed 2,023 waterline locations through Arkansas One Call, performed 391 subdi vision inspections and 424 cross-connection inspections . He reported that the overall totals were 17,397 linear feet of new pipe installed, 19 fire hydrants, 68 new valves , 104 upgraded water services, and 224 new water se r vices in new subdivis i ons. The Production Department completed four p l anned and seven unplanned projects for 2008, which included rebuilding High Service Pump #1 and the control valve to the Marsha l l Road elevated storage tank -wash out and inspection , and upgrading the chlorinator system at the East Treatment Plant to meet upcoming EPA regulations for ground water sources. He pointed out that water production decreased by .9% from 2007, adding that the total water production for 2008 was 1. 5 billion gallons . The nonrevenue loss was 13. 5% of total production, adding that the Water Commission has set the goal of 1 0% or below f or nonrevenue water loss. He related the pu r chase of new electronic equipment in 2008 to assist in the discovery of leaks. He stated that i n 2008 LRAFB accounted for 18% of the total production, Furlow Water Association was 5.1%, Bayou Two Association was 7.3%, City of Cabot was 0.7%, and the City of Jacksonville accounted for 68.9%. He poi n ted out that the average daily flow for the year was 4.1 mi l lion gallons per day . The maximum daily flow was 6.7 million gallons on June 16, 2008. He stated that total operating revenues increased by 1 . 4%, due to the final phase of a four -step water rate increase. Total overtime was 5.5% for the total payroll for 2008 as compared to 6 . 6% in 2007. Bad debts decreased to .9% from a total dollar figure of $23,797 in 2007 to $22 ,128 in 2008 . Total active number for 2008 was 10,749 . The Jacksonville Waterworks Water Master Plan was completed by Garver Engineers . Total number of employees licensed by the Arkansas Department of Health to operate the water system is nine. There are currently two additional employees working on their water licenses. Other employees are encouraged to pursue water licenses to enhance the professionalism of the Jacksonville Waterworks staff. He related that Ken Anderson retired as General Manager in July and he was chosen to fill t h at position . 3 ~00 0165 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2 009 7:0 0 P .M. -7 :53 P.M. He related that security enhancements continue to be implemented . He then noted that regarding emp l oyee recognition, Donald Allen received the Outstanding Achievement Award for Water Systems for utili t ies serving more than 5 ,000 in population from the Central Dis t rict of the Arkansas Waterworks and Water Environment Association . The Water Commission, with particular appreciation to Thad Gray , was commended for their excellence. WASTEWATER DEPARTMENT : 2008 Annual Report by Thea Hugh es Wastewate r Utili ty General Manager Thea Hughes reported that they are in their 1 3 th consecutive year with zero treatment p l ant permit violations. She noted that there are only two cities in the State that have gone over ten years with zero permit violations , Jacksonville being one of the two. She explained that there was a surprise visit in June by the EPA inspector from Dallas who thoroughly inspected the plant and stated that the Plant was "phenomenaln and called it a "sewer park.n She related that they successfully treated 2,293 ,095,000 gallons o f wastewater and accepted 3 ,606 ,000 gallons of landfill leachate from Two Pine Landfill . There were 640 grease trap inspect ions at local restaurants, 56 oil/water separators inspected at mechanic shops and garages. She added that they passed annual inspections by ADEQ in all areas and all industries are in comp liance with their d ischarge permits. She related that they are continuing to rehabi litate, con struct i ng 6,489 fe et of new line, replaced 13 manholes , repaired 106 manholes, completed 27 spot repairs, and put a new liner in the NEPS wet well. Wastewater Utility responded to 190 main & service line customer calls, only 14 were due to rain; reminding the City Council that there was 71 inches of rain in 2008 . Sh e noted that there was 13n of rain for t wo days in September and 9 of the cal ls came in during that time . She e xp la ined that 49 % of the calls were related to grease, which is a decrease from 71 % last yea r. She related that the grease education program is starting to make a difference. She related that the Ut ility televised 61,129 feet of l ine for investigative purposes , accepted 510 feet of new subdivis i on line in Foxwood Gardens and inspected 254 private service lines . She exp l ained that all agencies and engineers agreed that 50% of Inf low/Infi ltration comes from privately owne d service lines . S he noted that 7 0 private service lines were repaired in 2008 . She informed the City Council that the Jacksonville Wastewater Utility Service Line Pol icy is being reviewed by several c ities for implementation and was used as an example in an engineering presentation at the National Water Envi ronment Federation meeting. She related that operating revenue was down appr oximately 1 .6% due to a decrease in water usage, adding t hat it was a lso t he first year there was not a step-rate increase. 4 1 6 ~ ooo ..... o She concluded with Class I Wastewater Class II Class III Class IV COL Solid Waste AP I A licenses : 1 2 10 4 12 7 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P .M . -7:53 P .M. She thanked the City Council for an opportunity to update on the progress of the Wastewater Utility. Mayor Swaim noted that Ms. Hughes was selected as Wastewater Manager of the Year by the Wastewater Association. FIRE DEPARTMENT : PO LICE DEPARTMENT: ORDINANCE 1358 (#1-09) AN ORDINANCE WAIVING COMPETIT I VE BIDDING FOR THE PURCHASE OF RECORDS MANAGEMENT SYSTEM AND COMPUTER AIDED DISPATCH COMPUTER SOFTWARE AND EQUIPMENT, TRAINING, AND SUPPORT FOR THE JACKSONVILLE POLICE DEPARTMENT ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. Chief Sipes related that he had used the software at a previous police department , explaining that company support in comparison to other providers is excellent. He stated that the purchase of this software would bring the Police Department into NIBRS compliance , fur t her explaining difficulties with the current software Sleuth . He related that this software would allow reporting from police cars , along with the ability to check warrants from t he car , as well as mappi n g and GPS . He stated that t he 911 Communicat i on Cent er would also benef it from t he purchase of this software , upgrading the CAD system. He then added that the Fire Department software would also interface with thi s software, allowing the firehouse to communicate with the CAD system . He reiterated that his experience regardi ng service with the company was very r esponsive . He noted difficulties with getting Sleuth t o take respons i bility when problems arise with the software . He stated that i f t he Police Depa r tment does n ot become NIBRS compl i ant we could face s a nctions from ACIC. Alderman Elliott moved, seconded by Alderman Strou d to place Ordi nance 1358 on FIRST READING. ROLL CALL : Aldermen Elliott, McCleary , Sansing , Ray , Rinker , Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1358 . Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1358 on FIRST READING. ROLL CALL : Aldermen Elliott, McCleary , Sansing , Ray, Rinker, Stroud , Twitty, and Howard voted AYE . NAY (0), MOTION CARRIED. 5 000167 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P .M. - 7 :53 P .M. Alderman McCleary moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1358 on SECOND READING. ROLL CALL : Aldermen Elliott , McCleary , Sansing, Ray , Rinker , Stroud , Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamb urg read the heading of Ordinance 1358. Alderman Stroud moved, seconded by Alderman Howard to suspend t he rules and place Ordinance 1358 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott, McCl eary , Sansing , Ray , Rinker , Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read t he heading of Ordinance 1358 . Alderman Stroud moved , se conded by Alderman McCleary that Ordinan ce 1358 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, McClea r y , San sing , Ray , Rinker , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman McCleary that the EMERGENCY CLAUSE be adopted and attached to Ordinance 1358. ROLL CALL: Aldermen Elliott , McCleary , Sansing, Ray , Rinker , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1358 THIS 15t h DAY OF JANUARY 2009. STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : a. FINAL PLAT Lot 5, First Place Commercial Addition City Planner McCulley related that the final plat is to facilitate the construction and development of the Lighthouse Charter School . He related that all utili ties are on site and access would be gained by a mutual access easement off North First S t reet . Alderman Howard moved, seconded by Alderman Ray to approve the Final Plat of Lot 5, First Place Commercial Addition. MOTION CARRIED . b. ORDINANCE 1359 (#2-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION : PROPERTY IN THE BROWN ADDITION ACROSS FROM SECOND BAPTIST CHURCH, NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238, AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES . Mayor Swaim related that the Ordinance is being removed from the agenda to be addressed at a future meeting . 6 000t G8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7 :00 P .M. -7:53 P .M. GENERAL : a . Set Annual Planning Commission and City Council joint meeting It was the consensus of the City Council to have the meeting hosted by a facilitator. Alderman Stroud asked that the agenda be n arrowed for b e tter focus to five or six par t icu l ar i terns . He asked fo r submittal of i d eas from the P l anning Commissio n and other City Council me mb ers as we l l as Department heads . Alderman Stroud suggested that the meeting be held on a Saturday. Mayor Swaim agreed to contact last year 's facilitator, Mrs . Dillard , a n d arrange a date and time for the meeting . b. Establish maintenance priorities prior to condemnation Mayor Swa i m related that the item of business is being removed from the agenda to be addressed at a future meeting . c. Proposal to move forward on engineering regarding Capital Improvement Projects Mayor Swaim related that there has been a l ot of news regarding what the new President is planning regarding i nfrastructure and the funding available to boost t he economy . He explained contact with the Highway Department Planning Development District and the Metropo l itan Planni n g Organization who are comp i ling a list of "shovel ready" projects . He noted t ha t for cities this would require that the engineering and right - of-way work be completed or have a date of completio n within a proposed time frame. He reminded the Ci t y Council of available fu n ding fo l lowin g the annexation of Grave l Ridge into Sherwood, mentioni n g projects such as the extension of Oneida Bridge and straightening Main Street . He proposed t hat the City Council commi t to the expenditure to perform the en g ineering work for these two projects and possibly others , in the hope that the City might be able to be awarded some of the proposed in f rastructure funding. He exp lained that while there is no guarantee of f u nding , it is certain that if the engineering work is no t comp l eted t h e Ci t y would not have the opportunity to partici pate . He noted that the City 's Graham Road Project is a l ready on the T I P through the Metropolitan Organization , adding that project may move faster than proposed . He added that Graham Road is the only large project that the City has t h a t is ready to move forward . In response to a question posed by Alderman Stroud , Mayor Swaim clarified the proposa l is to do the West Main strai ghtening and t h e Oneida Bridge linking it to the new sect i on of West Main Street or Jacksonville Cut- Off. He noted that other projects could be added. He stated that the City d i d receive verbal approval for the new traffic light that the Ci t y is trying to get Federal funding for, at Harris and West Main Streets . 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15 , 2009 7 :00 P .M. -7 :53 P .M. He added that the engineering is not comp l eted but there is written approval from the Highway Department to fund that through Metroplan. He stated that funds are being set aside f or that project. He noted that Director of Administration Jay Whisker is also proposing the extension of Emma S t reet to General Samuels Road . Alderman Stroud moved, seconded by Alderman Ray to move forward with RFQ's for engineering firms to perform these projects . Mr. Tommy Dup ree related that three years ago engineering work was performed for Dupree Brothers on Highway 67/167 and Interstate 44 0 regarding a commercial development project by the Dupree Brothers. He stated that the engineers came up with a propos al for doing a full interchange at the weight stat i on and do away with the half int ercha nge at Redmond Road . He noted that accidents from Main Stree t to I-440 have been tremendous, adding that traffic congestion has caused waits up to 3 and 4 hours . He stated that Dupree Brothers spent several thousand dollars on preliminary work , which was presented to the Ci ty regarding a proposal to go forward with the project there would need to be an additional amount funds to finalize a plan to go to the State Highway Department and to the Federal Highway Department to get that project ongoing . He stated that he fe e ls 67/16 7 i s the number one project that needs to be solved in North Pulaski County regarding the number of accidents , injuries , and d eaths. He noted that it is not helping the image of the City to have that in the middle o f town , adding that he would like to see the City move forward and spend some additional funds to achieve a finalized plan . He asked t he City Council to cons ider this , saying that he feels it is a worthy project. Mayor Swaim stated that it could be considered when the City Counci l considers all projects . He then offered that in defe nse of 4 hour waits, a lot of that has to do with the current construct ion in the area. Mr . Mike Wilson concurred with Mr. Dupree , recalling an accident invo lving a tractor-trailer. He agreed that Fede ral funding would be a good opportunity for that area , also calling the proje ct worthy. At this time, MOTION CARRIED. d . Request of land purchase for Reed's Bridge Battlefield Alderman Ray moved, seconded by Alderman Sansing to take off table the request of land purchase for Reed's Bridge Battlefield. MOTION CARRIED with Alderman Stroud voting NAY . Alderman Ray moved to appropriate $56,000.00 for the purchase of land for Reed 's Bridge Battlefield be approved. MOTION DIES for lack of second . 8 ·ooo170 e. STATE OF THE CITY by Mayor Swaim CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7 :00 P .M. -7:53 P .M. Mayor Swaim stated that this year has been challenging but also rewarding. When the economy has major ups and downs , concerns arise about the funding for municipal operations . The s t ock market plunged, foreclosures are at an all -time high, financial institution s co l lapsed and we continue to be at war against terrorism; however, through i t all, the City of Jacksonville continues to maintain a strong financia l position. No budgeted items went unfunded during 2008 and the 2009 budget was adequately funded to continue existing servi ces and also provided for additional capital projects with no new taxes or fee increases. We are projecting 2009 will be a good year for the City financially in spite of the economy. Some of the significant events during 2008 include: City and Federal funding for a Joint Educatio n Facility in partne rship with Little Rock Air Force Base ; $5,000 ,000 f r om Jacksonvi l le and $9 ,800,000 in Federal funds . Construction of a new 13 ,000 square foot library in downtown , which will open February 14 , 2009. An agreement was negotiated to assure North Metro Medical Center would continue to provide healthcare for the Community. Lighthouse Academy was approved for a charter sch oo l . Significant progress was made in the efforts to o b tain a Jacksonville school district. Completed collection of $4,000 ,000 that has been dedicated to the new Pol i ce & Fire Training Facility and the architectu ral renderings for the layout completed and available for viewing in the lobby. Completed renovation of fire station #3. Capital Projects funded for 2009 : $250,000 phase I of renovations for Police station : 2 mi l lion total . $400,000 addition to 911 Call Center. $300,000 new lighting for ball fields in Dupree Pa r k Ph ase I of a two to three year phased project . $1,400 ,000 to construction. Government. match Total a Federal Highway 80/20 Grant cost: $7,000,000 with 80 % paid 9 for by Gr a ham Road t he Federa l ,. ooor71 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15 , 2009 7:00 P.M. -7:53 P .M. $1 ,000 ,000 dedicated to extending Oneida Street or straightening West Main Street. He noted that the Oneida Bridge is projected to be over 2 million do llars , adding that there is no projection at this time for the West Main Street project. $250 ,000 for a traffic light at Harris and West Main Street. Request has been made for Federal matching funds. $4 ,000 ,000 has been collected and dedicated in a special fund for the new Police & Fire Tr ai n ing Facility . $650 ,000 Cap ita l Drainage projects. $250 ,000 Record Management System (NIBRS comp liant ) for Police Department. $8 ,275 ,000 total projects f unded and set aside. He stated that the City i s maintaining a fund balance for operationa l purposes , as requested by the auditor the City is maintaining a 60 -day opera tional fund balance of approximately 3.5 million dollars. While some of these pro jects cannot be comp l eted in one year , the funds are available and wil l carry fo r ward until completion. As I was preparing this report , I remembered my first State of the City report twe nty -two years ago . Things have c hanged. In the 1987 budget , t here was an income reduction of $500,000 requiring a wage freeze for all City employees and a lack of funds for any capital imp rovement projects . The major issue then was dealing with t h e e nv ironmenta l problems that were plaguing our Community . I believe t h ey have changed f o r the bet t e r. The elected officials , employees , and c i tizens have worked together in good times and hard times. Cooperation has been the glue to keep t hings together in our Community and I am pleased to have been a small part of the team that has worked so diligently to move our City forward. Thank you for allowing me to serve as your Mayor . Alderman Stroud commended the management and managers of the City , saying that most of all the Mayor has offered good management , saying that he is gratified to live in a City that is not dealing in "red ink .u Alderman Ray commended the Mayor , City staff , a nd Aldermen for the ir spirit of cooperat i on on behalf of efforts to make J ac ksonvill e the best . He noted that in comparison to the difficu l ties of other cities , he is proud of Jacksonvil l e . 10 1 .1) 000 7 ~~ CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JANUARY 15, 2009 7:00 P .M. 7:53 P.M . Mayor Swaim read from a prepared sta t ement . "When I first became the Mayor of J acksonville , I had the mistaken ideal t hat I would be able t o resolve all the issues and complete all the projects that were needed for our Community . I fina l ly realized that there will always be issues to resolve and there will always be oppo r tunities to improve t h e qua lity of life in our Community , because when a community is progressive and growing , t h ere will always be things to do. Moreover , I realize that is not a bad thing that is actual l y a good thi n g. Judy and I have been discussing what we want to do with ou r fut ure for over a year , and after 44 years o f ma r riage , we stil l want to spe nd mo r e time together and with our children and grandchildr en. I have six granddaughters and one great g r anddaughter . Personally , I want to go fishing when I want to go and stay as l ong as I wa nt to stay . When my daughter and son were grow i ng up , I activ i ties because of my busy Ma yor 's schedu l e . happen with my grandchildren. missed ma n y of their I do not want that to As you see from the Sta t e of the City Report , th i ngs are good in Jacksonville , things are happening for the betterment of our Community . And the future l ooks bright as long as our finances are ma n aged properly . I want to inform the Council and the citizens of my retirement no later than Ju l y 1 s t this ye ar . I t has been a hard decision for my family t o make , but I am convinced t hat it is t he right decis i on and it is t h e right time to make it . Thank you.u Alderman Elliott stated that he be l ieves everyone is in shock , saying that Jacksonville has c h anged over the years , many good things have happened . He stated this comes as a sur prise regarding timing , addi ng "we appreciate what you have done for Jacksonvil l e and I a m sure everyon e feels that our City is in good s h ape compared to many citiesu . "I have let it be known that I wo u ld seek the Office of Ma yo r when you retired , and it looks as though it wi l l be sooner than ant i cipatedu. Alderman El liott official ly announced h is candidacy fo r Office of Mayor . There were well wishes from members of the audience as well as City Co u ncil members. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:53p .m. MOTION CARRIED. Respectfully , ~~ ~b~aum MAYOR TO SWAIM City Cl erk-Treasurer 11 City Council Of Jacksonvi lle, Arkansas AGENDA Regular City Council Meeting February 5, 2009 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. b. Regular City Council Meeting January 15 , 2009 Regular City Council Meeting December 18, 2008 Regular Monthly Report/January City Planner McCulley Regular Monthly Report/January Public Works Director Jim Oakley SET PUBLIC HEARING: Water Rates (Mayor Swaim) ORDINANCE 1360 (#3-09) Regulating use and operation of Jacksonville Wastewater Utility (Mayor Swaim) ORDINANCE 1361 (#4-09) Waiving competitive bidding for fire protective gear (turnouts) (Mayor Swaim) ORDINANCE 1362 (#5-09) Submitting to the voters of the City of Jacksonville the election of Mayor for the City Establish maintenance priorities prior to condemnation (Aldermen Stroud , McCleary, and Howard) ADVERTISING AND PROMOTIONS COMMISSION Appointment of Alderman Reedie Ray (Mayor Swaim) 0001 73 ~ !""} ~ ,. ooo 1 ·~ fi: .· ' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5 , 2009 7:00 P.M . -7:40 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The Ci t y Council of the City of Jacksonville , Arkansas met in Regular Session on February 5 , 2009 at the regular meeting place of the Council. Alderman Howard del i vered the invocation and Mayor Swa i m led a standing audience in the "Pledge of Allegiancen to the flag . ROLL CALL : Aldermen : Elliott , Smith , McCleary, Stroud , Twitty , and Howa rd answered roll call . ROLL CALL declaring a quorum . PRESENT TEN (10), arrived at approximately 7 :02 p .m. Sansing , Rinker , Fletcher, Mayo r Swaim a ls o answered ABSEN T (0) . Alderman Ray Others p resent for the meeting were: City Attorney Robert Bamburg , Deputy City Clerk Lynette Cu lpepper , Director of Administration Jay Whisker , Public Works Director Jim Oakley , Human Resource Director Jill Ross, Finance Director Paul Mushrush , Assistant Fi nance Director Cheryl Erkel , City Planner Chip McCulley, Fire Chief John Vanderhoof , Systems Admini strator Barbara Daniel , Police Chief Gary Sipes , Parks a n d Recre ation Directo r George Biggs, CDBG Director Theresa Watson , Was tewater Utility Gen era l Manager Thea Hug hes , Mr . Jim Du r ham , Code Enforcement Officer Joe Gunderman , Mrs. Judy Swaim , Mrs . Helen Stroud , Mr . La rry Smith, Mr . Doc Rh odd , inte r e sted citizens , and members of the press . PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regula r City Council mee t ing of January 15 , 2009 for appr oval a nd/or correction at the next regular l y scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 19 December 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved , seconded by Alderman Stroud to Regular Monthly Animal Co ntrol Report for Ja n uar y 2009. reflects: DECEMBER ADOPTION/FINES : $3 ,460 .00 CONTRIBUTIONS : $ 225 .25 TOTAL: $3 ,685.25 REGULAR MONTHLY REPORT/ENGINEERING approve the Said report Alderman Elliott moved , seconded by Alde r man Stroud to approve the Regular Month l y Report for January 2009. Said report r e flec t s : 1 PERMITS/LICENSE ISSUED Building Permi t s Business License UNSIGHTLY & UNSANITARY 11 8 Grass Le t te rs 2 Property Mowe d 2 Trash Letters 72 Trash Removal 5 Property Maint. Letters 11 Cost $ 785 .18 CITATIONS Debris & open storage Property maintenance 10 13 CITY OF JACKSONVILLE 00.0175 REGULAR CITY COUNCIL MEETI NG FEBRUARY 5 , 2009 7 :0 0 P.M. -7:40 P .M. INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR VEHICLES Notice o f Non c o mp liance Towed CONDEMNATIONS Str uctu r a l Maint . Letter Structural repairs made Demol i tions WARRANTS Arrest Search 21 31 25 25 20 2 0 0 0 0 0 ROLL CALL : Aldermen : Elliott , Smith , McCleary, Sansing , Ray , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE. MOTION CARRIED . WATER DEPARTMENT: Set Public Hearing regarding Water Rates It was t h e con sen sus of the City Council to set a pub l ic hearing Febru ary 19 , 2009 during t he regular City Council meeting to begin at 7:10 p.m ., regarding a pass through water rate increase from Cent ral Arkansas Wate r . WASTEWATER DEPARTMENT : ORDINANCE 1360 (#3-09) AN ORDINANCE REGULATING USE AND OPERATIONS OF THE JACKSONVILLE WASTEWATER UTILITY TO BE SPECIFICALLY CODIFIED AS JACKSONVILLE MUNICIPAL CODE , CHAPTER 13 .24 ; REPEALING ORDINANCES 604, 620 , 877 , 932 , 1 133 AND ANY AMENDMENTS THEREOF ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. Al derman Smith moved , seconded by Alderman Sansing to p l ace Ordinance 1360 on FIRST 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 Bamburg read the heading of Or dinance 1360. Wastewater Utili t y General Manager Thea Hughes stated that the Ordinance, while lengthy, changes little from what i s already in place . She noted that ADEQ requires that they review their pretreatment program , explaining that it was last revised in 2000 . She stated tha t ADEQ and EPA have developed a pretreatment program that has streamlined t he rules, which contain certain verbiage that needed to be included in a r evised ordinance . Alderman Stroud moved , seconded by Alderman Ray to APPROVE Ordinance 1360 on FIRST READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing, Ray , Rinker , F l etche r , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2009 7 :00 P .M. -7:40 P.M . Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1360 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 Atto rney Bamburg read the heading of Ordinance 1360 . Alderman Smith moved , seconded by Alderman Sansing to suspend the rules and place Ordinance 1360 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 1360 . Alderman Stroud moved, seconded by Alderman Sm ith t hat Ordinance 1360 be APPROVED AND ADOPTED. ROLL CALL : Aldermen E lliott , Smith, McClear y , Sansing , Ray , Ri nker , Fletch er , Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Smith moved , seconded by Alderman McCleary that the EMERGENCY CLAUSE be adopted and attached to Ordinance 1360 . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing , Ray, Rinker, Fletcher, Stroud, Tw itty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1360 THIS 5 t h DAY OF FEBRUARY 2009. FIRE DEPARTMENT : ORDINANCE 1361 (#4-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE , ARKANSAS , FOR THE PURPOSE OF PURCHASING NEW FIRE PROTECTIVE GEAR (TURNOUTS) FOR THE JACKSONVILLE FIRE DEPARTMENT ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved , seconded by Alderman Howard to place Ordinance 1361 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith, McCleary, Sansing, Ray , Rinker, Fletcher, Stroud , Tw i t t y, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the h eadi n g of Ordinance 13 61. Fire Chief John Vanderhoof re l ated that the last purchase of turnouts was in 1998 or 1999 , explaining that the life expect ancy is approximate ly 10 years, which is when NFDA 1851 recommends replacement. Alderman Elliott moved , seconded by Alderman Smith to APPROVE Or d inance 1361 on FIRST READING . ROLL CALL: Aldermen Elliott, Smi t h , McCleary, Sansing , Ray, Rinker , Fletcher , Stroud, Twi tty , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Smith moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1361 on SECOND READING . ROLL CALL : Aldermen Elliott , Smith , McCleary , Sansing , Ray, Rinker , Fletcher, Stroud , Twitty, and 3 CITY OF JACKSONVILLE 000177 REGULAR CITY COUNCIL MEETING FEBRUARY 5 , 2009 7 :00 P .M. -7 :40 P.M . Howard voted AYE . NAY (0). MOTION CARRIED . Bamburg read the heading of Ordinance 1361 . Whereupon City Attorney Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and place Ordinance 1361 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing , Ray , Rinker, F letcher , Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Atto rney Bamburg read the heading of Ordinance 1361 . Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1361 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 1361 THIS 5 th DAY OF FEBRUARY 2009. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: GENERAL : a . ORDINANCE 1362 (#5-09) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE , ARKANSAS , THE ELECTION OF MAYOR OF THE CITY OF JACKSONVILLE , ARKANSAS , TO COMPLETE THE TERM EXPIRING DECEMBER 31, 2010 ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. City Attorney Bamburg related that Ordinance 1362 calls for a special election for the office of Mayor to be he ld May 12 , 2009 . He explained that the f i ling period would be February 10 through March 2 , with drawing for ballot position to be held before March 10, 2009 . He added that any run -off election would be held three weeks following the special election, which would be June 2 , 2009, and term of office would begin July 1 , 2009 and end December 31, 2010. Alderman Smith moved, seconded by Alderman Sansing to place Ord ina nce 1362 on FIRST READING . ROLL CALL : Alde rmen 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 1362. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1362 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith, McCleary, Sansing , Ray , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . 4 000178 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5 , 2009 7:00 P .M. -7:40 P .M. Alderman Ray moved , seconded by Alderman Sansing to suspend the rules and place Ordinance 1362 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 1362. Alderman Stroud moved , seconded by Alderman Sansing to suspend t he rules and place Ordinance 1362 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 1362. Alderman Stroud moved , seconded by Alderman McCleary that Ordinance 1362 be APPROVED AND ADOPTED . ROLL CALL : Alderme n Elliott, Smith, McCleary, Sansing, Ray , Rinker , Fletcher , Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be adopted and attached to Ordinance 1 362 . ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing, Ray , Rinker, Fletcher , Stroud, Twitty, and Howa rd voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBER 1362 THIS 5 th DAY OF FEBRUARY 2009 . b . Establish maintenance priorities prior to condemnation Alderman Stroud read t he following prepared statement. "In spite of limi ted resources , our Code Enforcement Office has done a creditable job in ba l ancing a busy workload of e l ectrical , HVAC, foundation inspections, health and safety issues, weed, grass and tra sh control, and other City code infractions. Unfo r tunately , our great City, like a lot of other cities across this land, barely finds itself able to k eep abreast of what some of us prefer to call creeping blight ." "In an effort to get ahead of the curve and to augment our Code Enforcement personne l , some of our Al dermen have walked approximat ely a third of the streets of Jacksonville , making notes of obvious discrepancies that require action by Code Enforcement officers. We have broken the lists down into four categories, priorities 1 through 4 . Priority 1 covers those properties that are structurally unsound and warrant demolition. Priority 2 denotes propert ies requiring irrunediate heavy maintenance such as extensive pai nting and carpentry work. Priority 3 requ i res immediate light maintenance such as cleanup , paint , fix -up, overgrown shrubbery and vegetation ." "Priority 4 houses are an entirely different and difficult matter. Being vacant for extended periods, many of these properti es are used for criminal activity, such as dealing drugs, sex, and storage o f stolen 5 000179 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2009 7:00 P.M. -7:40 P .M. i terns. They present a problem for our Police Depa rtment and I believe Chief Sipes will bear us out on that. These properties are a nuisance and mus t be dealt with in accordance with City Code 8 .08 .020. Owners must be given a set time to either dispose of said property or bring it up to code. There are 102 in Sunnyside alone as of last September, and in most cases not livable or rentable. A bit of good n ews i s , building permits have recently been issued for 4 or 5 of these proper t ies , so we know that bringing attention to the owners of such properties does have a positive effect ." "Let us be clear about this, the purpose and intent of this action is not to demolish property . Our sole purpose is to establish a priority of actions that will preclude deterioration of said properties to the extent of condemnation." "I suppose what we are asking is to be a unified and d e te rmi n ed Ci ty Counc il dedicated to the task of improving adequate and affordable housing for all Jacksonville citizens ." He then noted that the Code Enforcement officers have started implementation of action that would aid in this regard . City Planner McCulley related that in efforts to track n u isance properties , the Code Enforcement staff built a database that will be GIS compatible. He explained that the database would allow quick reference of needed information about a property , it wil l also allow for the easy creation of reports. He related that the GIS sys tem offers an aerial map of the City with parcel numbers and addresses. He stated that with a simple click of the mouse they could click on the address and retrieve information regarding that property . He t hen noted that photographs would be available. He offered an example of a detailed action report that could be generated, offering actions and s t atus of the property , populated as actions are entered int o the computer . He added that the report would also keep up with the violations, offering an annual total with multiple year actions if necessary . He stated that this informatio n would be readily available for review and actio n . He then stated that all of the priority 1 properties were either condemned and demolished in 2008 o r are on the 2009 condemnation lis t t o be brought i nto compliance or demolished . In response to a question posed by Mayor Swaim, City Planner McCulley explained that properties that have occurred mainte n ance through the City and after being billed have gone unpaid, would have a lien filed at the end of the year for collection when the property taxes are levied and paid . He stated that if the tax bill is unpaid, it goes to the cour ts and in some instances , the City has received the property in lieu of liens. 6 0 0 0 1 8 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2009 7:00 P .M. -7 :40 P .M. In response to a question posed by Alderman Smith, City Planner McCulley answered that th e approximate cost to demolish a house is between five to seven thousand , depending on the si ze of the house and the i nvolvement of asbestos removal . He noted that the City demolished approximately eight structures last year for a total of $38 , 000 . 00. He noted that some of those were slabs only , which were demolished to provide a better surface for mowing and maintenance . He then answered that it is more difficult to issue citations when property own e rs are out of State . In response to comments by Alderman Fletche r regarding the need to track criminal activity at vacant properties, City Planner McCulley related that he had met with the representative that had supplied the Police Department with t heir new software , exp l aini ng that that software can use their GIS software as a base map. He stated that those databases would be able to communicate back and forth . He related t h at the Southern software that the Police Department has wou l d also generate any Police a ct ivi ty regarding addresses . He s tated t h at he is hopi n g to bring a presenta tion of not only the GIS software but also Sout hern software regarding how they work together b e fore t he City Council in t h e spring . He then offered to supply the City Council with either monthly or biannual reports regard i ng nuisance properties. Alderman Fletcher related that h i s primary concern would b e properties that have attracted criminal activity . Alderman Stroud offered a br i ef e x planation of the changes , stating that in the p ast the City could only d e molish s e ven or eight houses at a time . He continued sayi ng that t he process would begin with notification to the owners allowing them the opportun i ty to demolish the property themselves . He noted that if the City is forced to demolish t he property t h at is when a lien is filed against the property . He stated that there are ge nera lly more houses deemed struc t urally unsound than the City can demolish within a year . He explained that by putt ing all the houses on the list at the same time and notifying owne r s that the properties are on the condemnation list, it is hopped that some of those property owners will act sooner to take appropriate action because it offe rs them more time. He re l a t ed that t here a r e 102 vacant houses in Sunn yside t hat acco r ding to City code 8 .08.020 qualify as a nui s ance , adding that the owners should be notified to correct the situation , sell the house , or give it to the City. Alderman Smith moved , seconded by Alderman Howard to accept the priority list as outlined. MOTION CARRIED . Update on criminal a c tiviti es by Ch ief Sipes Chief Sipes commended the accomplishmen ts of the narcotic officers , informing the City Counc il of a rece nt drug bust the yielded 3 grams of ice . He explained that ice iB a very potent form of crystal meth. He then related that the following week a search warrant resulted in the 7 CITY OF JACKSONVILLE q.oo 1s1 REGULAR CITY COUNCIL MEETING FEBRUARY 5, 2009 7:00 P .M. - 7 :40 P .M. seizure of a meth lab out of a motel room . He noted that both events resulted in numerous arrests. He related a further incident involving a search warrant for a house on Karen Cove that yielded 25 lbs. of marijuana , cocaine, and over $8 ,000.00 in cash. He noted that there were four small children present in the house. He stated that the narcotic officers are doing an excellent job. He then related that yesterday the COP officers made three arrests at a vacant house where the residents were in possession of crack cocaine. He related that the Police Department has proclaimed war on drugs. APPOINTMENT(S): ADVERTISING AND PROMOTIONS COMMISSION Alderman Smith related that he has served as Cha i rman of the Advertising and Promotions Commission since March 31, 2003, explaining that he feels it is time to step aside and let other Aldermen be involved . He related that Alderman Reedie Ray has indicated that he would be willing to serve on the Commission . Alderman Smith moved, seconded by Alderman appoin tment of Alderman Reedie Ray to serve Promotions Commission. MOTION CARRIED . ANNOUNCEMENT ( S) : Sansing on the to approve Advertising the and Mayor Swaim related that the new library would be officially opened February 14 th on Valentine's Day . City Planner McCulley offered a brief demonstration of the new presen t ation equipment. He offered the City Council and audience examples of aerial photographs, maps, and p l ats. It was noted that the Planning Commission would be the body to mos t utilize the new equipment . Mayor Swaim recognized efforts by Director of Adm i nistration Jay Whisker and Syste ms Administrator Barbara Daniel ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at approximately 7 :40p .m. MOTION CARRIED. Respectfully , erk-Treasurer 8 0 0.01 o•? ,_ .t v h- City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting February 19, 2009 7:00 p.m . 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Fire Department 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 February 5, 2009 Regular City Council Meeting January 15 , 2009 Regular Monthly Report/January Chief John Vanderhoof Regular Monthly Report/January Chief Gary Sipes Request to Accept Bid : lighting for fields 2, 3, and 4 Dupree Park (Mayor Swaim) ORDINANCE 1363 (#6-09) Reclassifying Property addressed as 1925 West Main Street from M-1 to C-2 Proposal to approve expenditure regarding property appraisal for Reed 's Bridge (Alderman Stroud) b. PRESENTATION : Main , James, & Dupree design study (Mayor Swaim ) c . RESOLUTION 622 (#1-09 ) Accepting changes to C ity of Jacksonville Employee 457 Plan (Mayor Swaim) .0 001 83 CITY OF JACKSONVILLE : I ~_:~ REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2009 7 :00 P.M . -7 :39 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 19, 2009 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiancen 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. PRESENT TEN {10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jay Wh i sker, Public Works Director Jim Oakley, Human Resource Director Jill Ross , Finance Director Pau l Mushrush, City Planner Chip McCulley, Fire Chief John Vanderhoof, Systems Administrator Barbara Daniel, Police Chief Gary S i pes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson , Mrs. Judy Swaim, Mrs . Helen Stroud, Mrs. Beverly Elliott, Mrs . Glenda Fletcher, Mrs . Edith Smith , Mr. Jack Danielson, Mr . Ben Rice , Mr . Mike Wilson , Mr . Brian Vines , interested citizens , and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of February 5, 2009 for approval and/or correction at the next regularly scheduled City Counci l meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 15 January 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Elliott to approve the Regular Monthly Report for January 2009 from the Jacksonville Fire Department, which reflects a fire loss of $3 ,000 and a savings total of $72,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Al derman Ell i ott to approve the Regular Monthly Report for January 2009 regarding 2009/2008 yearly crime statistical comparisons. ROLL CALL : Aldermen : Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud , Twitty, and Howard voted AYE . MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT: 1 0001 84: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7 :00 P.M . -7:39 P.M . PARKS & RECREATION : Request to accept bid regarding lighting for fields 2, 3, and 4 at Dupree Park Mayor Swaim noted that while $30 0,000 had been budgeted for t h e project, the lowest bid came in at $343,894.00. He added that he offered Parks and Recreation Director George Biggs an opportunity to negotiate wi t h the bidders . Parks and Recreation Director Biggs related that he was able to n egotiate the low bidde r to $298,500.00 . He recommended the low bid from Centech Serv i ces . Alderman Elliott moved, seconded by Alderman Smith to accept the low bid from Centech Services in the amount of $298,500.00 with funds to be drawn from Parks and Recreation budgeted funds . Director Biggs noted that the proposal is a three-phase project , and next year Excell Park will be bid and the following year will be fields 5 , 6 , and 7 at Dupree Park . At this time, MOTION CARRIED. PLANNING COMMISSION : ORDINANCE 1363 (#6-09} AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1925 WEST MAIN STREET}; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS; AND, FOR OTHER PURPOSES. City Planner McCulley related that the proposal is to rezone approximately 5 .7 acres of the old Sutherland's property, explaining that the development i s f o r some type of office use and a small retail strip center. He noted that the prope r ty has adequate parking for the proposed development . He stated that the Planning Commission approved the request, noting some discussion regarding the Land Use Plan and the proposed use . Alderman Fletcher moved, seconded by Alderman Sm ith to place Ordinance 1363 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 1363. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1363 on FIRST READING . 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 McCleary to suspend the rules and p l ace Ordinance 1363 on SECOND READING. ROLL CALL: Aldermen Elliott, 2 .' 0001~5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P .M. -7:39 P .M . 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 1363. Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1363 on THIRD and FINAL READING . ROLL CALL : Aldermen E l liott, Smith, McCleary , Sansing, Ray, Rinker, Fl e tcher, Stroud, Tw i tty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1363. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1363 be APPROVED AND ADOPTED. ROLL CALL: Aldermen El l iott , Smith, McCleary, Sansing, Ray , Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0}. MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1363 THIS 19th DAY OF FEBRUARY 2009 . GENERAL : a . Proposal to approve expenditure regarding property appraisal for Reed's Bridge Alderman Stroud stat ed that the Reed's Bridge Historical Society has requested funding regarding a piece of property for the Society. Mr . Jack Danielson related that he is a charter member of the Reed's Bridge Battlefield Preservation Society , noting that they have been working for many years through a preservation plan developed by p r ofess ional consultants to acquire property regarding the Battlefield located in Jacksonville . He stated that the latest property being considered by the Society is at the corner of Lakeshore and Hwy . 161 . He explained that the Reed's Bridge group had an appraisal done several years ago and the owner felt the appraisal was too low and had another appraisal performed wh ich came in higher. He continued say i ng that the City Council felt the appraisal was too high. He explained that their request i s that the City negotiates with the property owner to come up with an appraisal that is acceptable to both parties . Alderman Stroud cited some sense of negativity regarding issues involving the property, adding that he does not believe the City Council has ever tu rned down a request from the Preservation Society to purchase a piece of property. He stated that he feels most of the concern is over the price , explaining that most members of the City Council feel that the appraisal is too high. He stated that he feels the consensus from members of the City Council and Preservation Society is that the City obtain an unbiased appraisal and then determine if there is room to negotiate an offer. Alderman Stroud moved, seconded by Alderman Ray to approve City expenditure for an appraisal of the property located at Lakeshore and Hwy. 161. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2009 7 :00 P.M . -7:39 P .M. Discussion ensued regarding the possibility of the owner not want ing a nother appraisa l since he has his own . Alderman Stroud stated that in conver sat ions with Mr. Dupree, he fee l s the negotiations are "hung upu and a new appraisal would be a starting point for further negotiations. He noted that it is inconceivable tha t anyone would pay $55 ,000 .00 for one lot in the City . He then noted t hat the property has two structures that are unsound and would h ave to be demolished , which should be taken into consideration regarding negotiations . He noted tha t the Preservation Society has offe r ed t o pe r form the demolition , which would help the owner . In response to a question posed by Alderman Smith, Mayor Swa im r elated that b i ds would not be required or an appraisal. Alderman Smith then questioned if the a ppraisal could separate out t he l and from the s t ructures. Mayor Swaim concurred that it was separated regarding the p r ev i ous appraisals, noting that one appraisa l was $32 , 000 . 00 and the othe r was $55 ,000 .00 or $56,000.00. Alderman Tw i tty questioned whe ther it would be more p rudent to find out if the owner is willing to even consider another appraisal before the City ex p e nds funds to have another appraisa l performed. Mayor Swaim noted that the term "unbiasedu comes into ques tion , point i ng out that s u pposedly both previ ous appraisals were unbiased . Dis cussion ensued regarding the vi a bility of ob t aining a third app r aisal if the property owner is not i nterested . Mayor Swaim clarified from question , that an appraisa l costs $300 .00 to $500 .00 and the decision to purchase would have to be brought back to the City Council . He r e lated that the Preservation Society owns four l ots on that side of the road purchased by the City and only one piece adjoins this property . He then a n swered that in order to obtai n all the property necessary for the Battlefield the cost wou ld be a million dollars o r more . Alderman Ray called for a question to the motion . MOTION CARRIED with Aldermen McCleary and Sansing voting NAY . b . PRESENTATION Main , James , & Dupree intersection design study Mr. Brian Vines of Jacobs Engineering offered a PowerPo in t presentation rega rding a design study for Main, James, and Dupree i ntersection . He related that following data collection , they designed thirteen different intersection scenarios , which were re fined down to three. He explained that the eva luation of each o f the thirteen scenarios was based on delay at the intersection , adding that t he Federal Hi ghway Administration h as set criteria to analyze intersections based on level of service, taking into accou n t the de la y. He explained that regarding t he three refined 4 CITY OF JACKSONVILLE 000187 REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2009 7 :00 P .M. - 7 :39 P .M. options, the first two are four-legged intersections and the third is a five-leg intersection , which is what is currently at the intersection. He offered a video of the roundabout scenario, explaining that the graphic shows why it did not make the cut . He reviewed each of the thirteen scenarios explaining the aspects that made certain scenarios more effect ive and practical than others no t chosen. He noted that option number two of the th r ee chosen scenarios was the option that worked best. He ran mode ls to visually demonstrate each scenario at various levels of service. He related the volumes are forecast forwa r d volumes for the year 2030 , explain i ng that 2030 was the design year, offering a 20-year horizon. Streets capes designed for the three options were presented along with cost est imates. A copy of the report is on file in the office of the City Clerk . Discussion ensued regardi ng the impact one of the streetscapes would have on access to Walgreens and Mr . Whisker informed the City Council that representatives f r om Walgreens were invited to attend the meetings, adding that he visited several times and offered drawings of the various scenarios. He noted that they would retain their entrance off Dupree Drive. Mr . Vines then answered that i n bo t h options 1 and 2 , the estimate to develop the street behind the Chamber of Commerce was included along with the art scu lpture . Mayor Swaim noted that the Library is designed to mo ve traffic on and off Main Street , while the alley is supposed to be t h e exit from the Library. He added that this would f unnel a significant amount of traffic to Dupree , which would then have to turn left , then right , and right again to get back to Main Street. In response to a comment made by Alderman Fletcher , Mr . Vines related that utility costs were not inc luded i n t h e estimate. He explained that for the most part they would be ab le to do what they needed to do without having to relocate utilities. Mayor Swaim confirmed that previ ous ly it had been determined that costs to put utilities underground on Main Street would be a million plus , further explaining that it did not take into account utilities on James Street or Dupree Drive. He re lated that there are not many service poles involved, noting that there are four posts necessary for the lights, wh ich would be replaced with metal poles with arms . Mr. Vines offered t hat it could be a dded to update the costs . Discussion ensued regarding difference in costs of the t hree options and Mr . Vines then answered that McDonald's future p l ans would match up with the proposals, which minimizes any impact . 5 000 188 CITY OF J ACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19 , 2009 7:00 P .M. -7:39 P .M. Mr . Jack Danielson questioned if it is ant i cipated that the road behind the Chamber of Commerce would need to have a traffic l i ght. Mr. Vines answered that it was considered in the study but not found to warran t signaliza tion at this t ime. He then answered that the L ibrary t raffic was not taken into consideration when making that determi nation , explaining tha t it was based on current counts . Mr. Ben Rice stated that his primary concern would be any affect t h is project might h ave on Walgreens . He noted t h at particular site was chosen because of exist i ng characte r istics . He state d t hat while representatives from Walgreens did not attend any of the meet ings , if anything is implement ed that harms their business , you run the risk of harming a very v i able p art of the downtown business commu ni ty . He stated that as far as his own property is concerned , he would object to anything that would hamper access, adding that he does no t like the idea of trees because it obscures v i ew of the business . He added that h e does not object to l ow plants. He concluded saying that he feels the biggest conce r n should be Walgr eens . Mayor Swaim asked that City Council members review the data for future discussions. c . RESOLUTION 622 (#1 -09) A RESOLUTION AUTHORIZING THE MAYOR , CITY COUNCIL MEMBERS , CITY CLERK, AND HUMAN RESOURCES DIRECTOR TO ENTER INTO AN AMENDMENT TO THE CITY'S IRC SECTION 457(b) DEFERRED COMPENSATION PLAN ; AND , FOR OTHER PURPOSES . Mayor Swaim related that this is not the employees APERS r etirement plan, but is the 457 plan that employees contribute to , adding that the City does contr i bute . Alderman Ray moved , seconded by Alderman Howard to read Resolution 622 (#1-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 622 (#1-09) . Alderman Ray moved , seconded by Alderman Fletcher to approve Resolution 622 (#1-09) in its entirety . MOTION CARRIED . APPOINTMENT (S) : ANNOUNCEMENT(S): Alderman El liott anno unced that the City of Jacksonvi l le Finance Department just received a Certificate of Achievemen t for Excellence in Financial Reporting awarded by the Government Finance Officers Associat i on. He related that this is the 11 th consecutive yea r that t he City has received t his signif icant award . The City Counci l joined Alderman Elliott in comme ndi ng Finance Director Paul Mushrush and his staff in this achievement . 6 000 1.8,9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. -7 :39 P .M. ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at approximately 7 :39p.m. MOTION CARRIED. Respectfully , 7 0001 90 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting March 5 , 2009 7 :00 p .m. 1. OPENING PRAYER: 2. ROLL CALL: 3 . PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: Animal Control Engineering Department 6 . WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12 . PARKS & REC . DEPT: 13 . PLANNING COMMISSION : 14 . GENERAL: 15. APPOINTMENTS : 16. ANNOUNCEMENTS : ADJOURNMENT a. b. c . Regular City Council Meeti ng February 19, 2009 Regular City Council Meeting February 5 , 2009 Regular Monthly Report/February Public Works Director Jim Oak ley Regular Monthly Report/Feb ru ary City Planner McCulley RESOLUTION 623 (#2-09) Sale of Ni x on Library property (Mayor Swaim) PRESENTATION : Tornado Warning Procedure (Mayor Swa im ) UPDATE: regarding negotiations to purchase 101 La keshore Drive (Mayor Swaim) PLANNING COMMISSION Appointment of Glen Keaton for a term to expire 1/1 /2012 CITY OF JACKSONVILLE i 000 19 1 REGULAR CITY COUNCIL MEETING MARCH 5, 2009 7 :00 P.M. -7:23 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regu lar Session on March 5, 2009 at the regular meeting place of the Council. Alderman Ray delivered the invocati on and Mayor Swaim l ed a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Alde rmen: Elliott , Smi t h , Sansing , Ray , Rinker, Fletcher , Stroud , and Twitty answered roll call. Mayor Swaim also answered ROLL CALL dec l aring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen McCleary and Howard were absent . Others present for the meeting were: City Attorney Robert Bamburg , Deputy City Clerk Lynette Culpe pper , Director of Administration Jay Whisker , Human Resource Director Jill Ross, Finance Director Pau l Mushrush , Fire Battalion Chief Joe Bratton, Systems Administrator Barbara Daniel , Po l ice Chief Gary Sipes , Parks and Recreation Director George Biggs , 911 Communications Director Brenda Skinner, CDBG Director Theresa Watson , Mrs . Judy Swaim , Mrs . Edith Smith , Mr . Lar ry Smith, inter es ted citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minut es of the regular City Council meeting of F e bruary 19, 2009 for approva l and/or correct i on at the next regularly scheduled City Council mee ting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Stroud that the minutes of the Regular City Council meeting of 5 February 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Smith moved , seconded by Alderman Elliott to approve the Reg u lar Monthly Animal Control Report for February 2009 . Said report reflects: ADOPT I ON/FINES : CONTRIBUTIONS : TOTAL : REGULAR MONTHLY REPORT/ENGINEERING $1 ,915 .00 $ 25 .00 $1 ,9 40 .00 Alderman Smith moved , seconded by Alderman Elliott to approve the Regular Monthly Report for February 2009. Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License 13 8 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR 41 38 30 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 5, 2009 UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters Trash Remova l 8 1 89 10 Property Maint. Let t ers 9 Cost $ 830 .49 CITATIONS Debris & open sto r age Property maintenance 1 1 7:00 P.M . -7:23 P .M. VEHICLES Notice of Noncompl iance Towed CONDEMNATIONS Structural Maint . Letter Structural repairs made Demolitions WARRANTS Arrest Search 14 1 0 0 0 0 0 ROLL CALL: Aldermen : Elliott , Stroud, and Twitty vo t ed AYE . Smith , Sansing, MOTION CARRIED. Ray , Rinker, Fletcher, WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL: a. RESOLUTION 623 #2 -09) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE ALL NECESSARY DOCUMENTS IN EFFORTS TO SECURE AND COMPLETE THE SALE OF THE REAL ESTATE FORMERLY KNOWN AS THE ESTER D . NIXON PUBLIC LIBRARY ; AND, FOR OTHER PURPOSES . Alde rman Smith moved , seconded by Alderman Elliott to read Resolution 623 (#2-09). MOTION CARRIED. Alderman Ray moved , seconded by Alderman Sansing to approve Resolution 623 (#2-09) in its entirety . Mayor Swaim noted negotiations several months earlier regarding the sale of library property at 308 West Main Street. He stated that the sale was not finalized at that time because the City was still occupying the building. He explained that City Capital Funds were put i nto the Library Fund, which will now reimburse the Capital Fund. He answered that the property was sold for approximate l y $347,000 less closing cos t s. He then answered that the time capsule placed by the Rotary Club was removed. At this time, MOTION CARRIED . b . PRESENTATION: To r nado Warning Pr ocedure 911 Communications Director Brenda Skinne r season is approaching , informing the City 2 concurred that the Council that they tornado closely 000 193 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 5 , 2009 7:00 P .M. -7 :2 3 P .M. monitor weather through television , computer, a n d co operat ive efforts with surrounding cities and t he Little Rock Air For c e Base . She explained that when t he y receive r eports of close rotation they sound the sirens . She recal led an occasion when there were storms in close proximity to Jacksonville but indications were tha t the storms would go around Jacksonville, so the d eci s ion was made not to sound the sirens. She continued saying that th is may h ave caused some con fusion a mong Jac ksonville resident s re garding the criteria to sound the sirens . She related that the 911 Commun i cat ions Department , Pol ice Depa rtmen t , and Fire Department were tasked with developing a standard operating policy for the early warning system . She stated that the policy is to help citizens understand wha t circumstances or events constitute the sounding of the sirens . Alderman Ray noted that the policy states "The system will be activated upon noti ficatio n of a Tornado Warning when our City i s in the projected path of the sto rm. Once a Tornado Warning has b een given, sirens s hould be activated IMM EDIA TELY and run fo r one (1 ) minute ." Director Skinner added that as more r epor ts are received, they wo u ld continuous ly sound the sirens until the th rea t has passed. She s tated that when the s irens cease to sound , that will b e the ALL CLEAR signal , i n dicatin g that Jacksonville i s o ut of the path of t he storm. Mayor Swaim noted that it is a misconception that tornado siren s are to be heard inside the home , noting that this is possible o n ly if a resident lives v ery close to the l ocat ion of a siren , but clarified that it is mainly an o ut door warning to move to a p l ace of safety and take cover . He noted that high winds could also prevent the s irens from be ing heard indoors , suggesting t h at r esidents monitor their televisions and radios durin g bad weather. Alderman Smith noted that sound , question ing if Communications Center . on occasion the LRAFB sirens are the first to the Base offers i nforma t ion to the 911 Director Skinner noted that ofte n times the Base will f orwa rd weather information to them or the 911 Communications staff will contact the Base regarding weather updates , which has been very helpful in th e past. S he expla ined that they additionally monitor the computer and television during bad weather , noting that soon they wi ll not be able to get any local channels without cabl e . Mayor Swaim relat e d that a proposa l to remodel the 911 Comm uni cations building would i n clude a consideration for cable . c. UPDATE regarding negotiations to purchase 101 Lakeshore Drive Mayor Swaim noted that at the previous City Coun c il meeting he was authorized t o contract another appra isal regarding 1 01 Lakeshore Drive , 3 000194 , ~ • 1 . ' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 5 , 2009 7:00 P.M . -7 :23 P .M. explaining that before moving forward with the appraisal, he spoke with the owner to see if negotiations could be possible. He related that the owner was not recept i ve to accepting a new appraisal , explaining that the owner feels his appraisals are reasonable. He stated that after further a ttempts to negoti ate, the owner agreed to $42,000.00 for the property . Mayor Swaim reminded the City Council that the property owner 's appraisal was $56,000.00. He added that he feels it would be a waste of money to have another appraisal if the property owner is not going to accept what the appraisal offers . He related that Reed's Bridge Battlefield group had one appraisa l and the ow ner has had two appraisals. He stated that it is up to the City Council to decide if they are wil ling to purchase and for how much , rei terating that the lowest he could negotiate was $42 ,0 00 .00 . Alderman Stroud stated that he would not be willing to offer $42,000.00 for the property . In response to a comment from Alderman Smith, it was determined that the property is slightly over half an acre . Ma yor Swaim clarified that the site size is 23 ,501 square feet and an acre is 43 ,560 . Mayor Swaim t hen noted that there was an earlier appraisal for $33,000.00 , then the owner carne back with an appraisal for $56,000 .00 and it has been negotiated to $42,000.00. Alderman Smith stated that he would support an offer around $30,000.00 but not $42,000.00. Mayor Swaim informed the City Counc il that $42 ,0 00.00 was as low as he could get the owner to agree on. In response to a question posed by Alderman Ray, Mayor Swaim explained t hat last year the owner was asked to make repairs to the buildings , adding that the property has been inspected since that time. He explained that if the buildings continue to deteriorate there would be further action . He r elated that the owner did take down the chimney , but he has not completed the other repairs that were required . He stated that the property currently has Code violations that are being worked by Code Enforcement however , that has nothing to do with the sale or purchase of this prope rty. It was the consensus of the City Council not to take any f orma l act i on at this time. APPOINTMENT(S): PLANNING COMMISSION Alderman Smith moved, seconded by appointment of Glen Keaton to the expire 1/01/2012 . MOTION CARRIED. 4 Alderman Elliott to approve the Planning Commission for a term to ANNOUNCEMENT(S): Relay For Life 000 195 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 5 , 2009 7:00 P .M. -7 :23 P.M. Mayor Swaim related that the Relay for Life program would be April 24 , encouraging City Council suppo r t. 2009 Boy Scout Spring Camporee Mayor Swaim recognized Jack Danielson to address the 2009 Spring Camporee for the Boy Scouts. Mr . Jack Danielson provided the City Council with a tentative program for the Thunderbird District of the Boy Scouts . He related that the Boy Scouts would be camping Friday and Saturday night at the seven acre Civi l War site on the south side of Bayou Me to on Highway 61 . He e ncouraged the City Council mem be rs to stop by, welcome t hem to Jacksonville, and encourage them to return making this an annual event . He r ecognized City Public Works Director Jim Oakley and his staff for helping to clear the s ite and remove the brush . He then related tha t the Water Commission has installed a water tap to provide water t o the site and both the Fire Chief and Po lice Chie f have offered their service . He no ted tha t Entergy is allowing overflow parking in their par k ing area at the substation. He related that the Boy Scouts would perform two service projects ; firstly , they will be clean ing up litter a long the Bayou and Highway, along with helping the Reed's Bridge reenactment actors clear brush. ADJOURNMENT : Without objection , May or Swaim adjourned the meeting at approximately 7:23p.m. MOTION CARRIED. Respectfully , ~ ~ . " I ~Alltvrvv MAYOR TO SWAIM 5 City Council Of Jacksonville, Arkansas AGENDA 1. OPENING PRAYER: 2. ROLL CALL: 3 . PRESENTATION OF M INUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Fire Department Police Department 6 . WATER DEPARTMENT: Regular City Council Meeting March 19, 2009 7:00 p.m. Regular City Council Meeting March 5, 2009 Regular City Council Meeting February 19, 2009 Regular Monthly Report/February Fire Chief John Vanderhoof Regular Monthly Report/February 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: a. FINAL PLAT: Lot 1, Arby's Addition (Mayo r Swaim) b. ORDINANCE 1364 (#7-09) Reclassifying property at 2213, 2301 , 2303 and 2305 Hamilton Street from R-7 to R-1 (Mayor Swaim) c. ORDINANCE 1365 (#8-09) Reclassifying property at 2100 & 21 04 Chapel Hill Road from R-7 to R-3 (Mayor Swaim) a. Set Public Hearing regarding Water Rate Increase for April 16th (Mayor Swaim) b. Set Public Hearing regarding vacating & abandoning an alley between Lots 1, 2 , & 3 Block 4 Harpole Addition for April 16th (Mayor Swaim) 0001 9 7 City Council A G E N 0 A continued: March 19 , 2009 GENERAL continued : 15 . APPOINTMENT S : 16. ANNOUNCEMENTS : ADJOURNMENT c . RESOLUTION 624 (#3-2009) Authorizing lnterlocal agreement with Pulaski Area Geographic Information System (PAgis) (Mayor Swaim) d. e . g. Acceptance of 2008 CAPER Report (Mayor Swaim) RESOLUTION 625 (#4-09) Congratulating and supporting Coach Victor Joyner and the 2009 State Champion (6A) Basketball Team of Jacksonville High School (Alderman Kevin McCleary) RESOLUTION 626 (#5-09) Congratulating and supporting Coach Raymond Cooper and the 2009 State Champion First Runner Up (SA) Basketball Team of North Pulaski High School (Alderman Kevin McCleary) A&P COMMISSION Reappointment of Mike Houchen & Ray Patel for terms to expire 2013 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19 , 2009 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 March 19, 2009 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Al legiance" to the flag. ROLL CALL : Aldermen : Elliott, Smith , Twitty, and Howard answered roll call. declaring a quorum. PRESENT EIGHT (8), McCleary, Sansing , Rinker, Fletcher , Mayor Swaim also answered ROLL CALL ABSENT (2). Others present for the mee ting were : City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Adm i nistration Jay Whisker, Public Wo rks Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Police Chief Gary Sipes , Parks and Recreation Director George Biggs , CDBG Director Theresa Wa t son , Mrs. Beverly El li ott , Mrs. Glenda Fletcher , Mr . Ben Rice, interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of the regular City Council meeting of March 5 , 2 009 f or approval and/or correction at the next regular l y schedu le d City Counc i 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 19 February 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Fletcher moved, seconded by Alderman El liott to approve the Regular Monthly Report for February 2009 from t he Jacksonville Fire Department, which r eflects a fire loss of $1,0 0 0 and a savings total o f $14,000 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Fletcher moved, seconded by Alderman Elliott to Reg u lar Monthly Report for February 2009 regardi ng 2009/2008 statistical comparisons. approve the yearly crime Alderman El liott requested a status report from Chief Sipes regarding applications for the new Federal stimulus programs being offered for police departments . Chief Sipes informed the City Council tha t the application fo r the COPS Grant just became available, explaining that the COPS Grant allows for the request of additional police officers . He related that 100% of salary plus benefits would be awarded for the first three years, adding t hat at the end of three years, the city would be responsible fo r salary and benefits for at least one year. He stated that while this is a good opportunity, future position funding would have to be decided for the end of the grant . 000199 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19, 2009 7 :00 P.M. - 7 :37 P.M. He went on to relate that the Police Department has not been fully staffed since his becoming Chief almost a year ago. He noted that there are currently three openings in the Department . He r elated that he is not sure of the exact number he would be looking to apply for, but is interested in applying for the Grant. He related that under the JAG Grant , Pulaski County would be awarded 2 .8 million, and out of that 2.8 million Jacksonville wi l l receive $147,000 with the rest being distributed to the other cities in the Cou nty. Mayor Swaim clarified that the Police Department is fully funded fo r complete staffing, noting that the Civil Service Commission approved additional testing t o help staff open positions . He explained that hiring for Fire and Police begins with Civil Service testing followed by a physio l ogical exam . Alderman Elliott noted that it is not only Jacksonville but also several other cities throughout Ar kan sas that are curren tly having trouble keeping their Departments fully staffed. Chief Sipes concurred, saying that staffing problems are nationwide, noting that most applicants have problems with their background checks . Alderman Fletcher inquired as to the feasibil i ty of programs t h at could be incorporated into the schools that would help the students understand that certain actions that become a part of their permanent record can hinder their career opportunities in the future. Chief Sipes exp lained that the Police Department has just started a cadet program with the schools , noting that they have one cadet that has shown good promise. He related that the cadet program is open to 1 8 year olds, adding that they have to apply for a position with the Police Department at 21 . He expla ined that during t h at time the cadet learns how to be a policeman, writing reports, and assisting in different functions with the Po l ice Department and Courts . He then noted that another cadet is expected to join by May . He added that currently the Police Department does have School Resource Officers that conduct the DARE Programs at t h e 5th grade level and another supplementa l DARE program is being added for middle school students . Alderman Elliott noted the availability of another grant program through the At t orney General's Office, explaining that municipalities can apply onl in e d irectly through the grant management website . He noted that the COPS Program has one million in funding this year and they are considering fund i ng 5,500 officers across the Country, adding that April 14 th is the deadline to apply . Mayor Swaim asked Battalion Chief Hill to brief the City Co unci l regarding repairs to the l adder truck . 2 0002_0 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19, 2009 7:00 P .M. -7:37 P.M . Battalion Chief Hill explained that the r efurbishment of the ladder truck had been completed at the Pi e rce Factory in Wisconsin . He related that he went to the Factory for a final inspection, inviting the City Council to come by the station to view the truck when it returns . He noted that everything from the turntable up was refurbi shed. He s t ated that t h e pane l has new controls, explaining that the ladder was stripped, tested , and repainted . He noted that the truck looks brand new and should l ast another 15 years . ROLL CALL: Aldermen : Elliott, Smith , McCleary , Sansing, Rinker, Fletcher , Twitty , and Howard vot ed AYE. MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION : a . FINAL PLAT Lot 1, Arby's Addition City Planner McCulley related that the Fi nal Plat for Lot 1, Arby' s Addition is slightly over half an acre, noting t ha t the property is the existing Arby 's location. He exp l ained that the final plat a n d sit e plan were recently reviewed by the Planning Commission, a dding that Arby 's is p r oposing to build a new building after a comp le te demolition of the site . He r el a ted that the new construction would comply wi t h all current development and building codes, providing new sidewalks and landscaping. He offered the City Council a rendi tion of the completed building, re l ating that construction is slated to begin in the fall and is projected to be comp leted within three months. Alderman Smith moved , seconded by Alderman McCleary to approve the Final Plat of Lot 1, Arby's Addition . MOTION CARRIED. b. ORDINANCE 1364 (#7-09) AN ORDINANCE RECLASS I FYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS (GENERAL LOCATION : 2213 , 2301, 2303 , AND 2305 HAMILTON STREET); AMENDING ORDINANCE NUMBERS 213, 238, AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES. Alderman San sing moved, seconded b y Alderman Howard to place Ordinance 1364 on FIRST READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Rinker , Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1364 . 3 CITY OF JACKSONVILLE 0002 0 1 REGULAR CITY COUNCIL MEETING MARCH 19, 2009 7:00 P.M . -7:37 P .M. City Planner McCulley stated that the applicant has purchased the lot address ed as 2213 Hamilton and has removed the trailer to bu i ld a singl e - family home . He explained that with the present owner 's permission, the applicant is requesting the additional re zoning of the property addressed as 2301, 2 30 3, and 2305 Hamilton to also construct single -family homes when feasible. Al derman Fletcher moved , seconded by Alde rman Sansing to APPROVE Ordinance 1364 on FIRST READING . ROLL CALL: Aldermen Elliott , Sm ith , McCleary , Sansing, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Smith moved , seconded by Alderman McCleary to su spend the rules and place Ordinance 1364 o n SECOND READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Where up on City Attorney Bamburg read the heading of Ordinance 1364. Al derman Sansing moved, seconded b y Alderman Howard to s uspend the rules and place Ordinance 1364 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing , Rinker, F letcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1364 . Alderman McCleary moved , se conde d by Alderman Sans ing that Ordinance 1 364 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, Smith, McC leary, Sansing, Rinker , Fletcher, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1364 THIS 19th DAY OF MARCH 2009. c. ORDINANCE 1365 (#8-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JAC KSONV I LLE , ARKANSAS (GENERAL LOCATION : 2100 AND 2104 CHAPEL HILL); AMENDING ORDINANCE NUMBERS 213 , 238, AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES . City Planner McCul ley related that the property is located between Hamilton Street and Chapel Hill, explaining that the applicant is proposing to rezone the property f r om R-7 to R-3 to faci li tate the construction of townhomes or apartments . He answered that the appl i cant is under contract to purchase additional adjacent property that would make slightly mo r e than two acres for development . Alderman Smith moved, seconded by Alderman Sans i ng to p l ace Ordinance 1365 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1365 . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19 , 2009 7 :00 P.M. -7:37 P.M. Alderman Sansing moved, seconded by Alderman Howard to APPROVE Ordinance 1365 on FIRST READING. ROLL CALL : Aldermen Elliott , Smith, McCleary, Sansing, Rinker, Fletcher , Twitty , and Howard voted AYE . NAY (0 ). MOTION CARRIED . Alderman Sansing moved , seconded by Alderman McCleary to suspend the rules and place Ordinance 1365 on SECOND READING. ROLL CALL : Aldermen Elliott , Smith, McCleary, Sansing, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1365. Alderman McCleary moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1365 on THIRD and FINAL READING. City Planner McCulley answered that the applicant would s ubmi t his development plan to the Planning Commission for approval, noting that the number of units would be a part of that plan. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing , Rinker, F letcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1365. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1365 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Rinker , Fletcher, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1365 THIS 19th DAY OF MARCH 2009 . GENERAL: a. Set Public Hearing regarding Water Rate Increase b . Set Public Hearing regarding vacating and closing an alley between Lots 1 , 2, and 3, Block 4 Harpole Addition It was the consensus of the City Council to set public hearings by oral resolution regarding a water rate increase and the vacating and closing of an alley between Lots 1, 2, and 3, Block 4, Harpole Addition to be held during the regularly scheduled April 16, 2009 City Council meeting . c . RESOLUTION 624 (#3-09) A RESOLUTION AUTHORI ZING THE MAYOR AND CITY CLERK TO ENTER INTO A REVISED PULASKI AREA GEOGRAPHIC INFORMATION SYSTEM (PAgis) INTERLOCAL AGREEMENT ; AND, FOR OTHER PURPOSES. City Planner McCulley expl ained that the Resolution authorizes the City of Jacksonville to enter into an Inter local Agreement with the Pulaski Area Geographic Information System also known as PAgis. He stated that he feels it would benefit not only his Department but the whole City, 5 00f1r..0 n~ J , ~ • ~ J 'V' CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19 , 2009 7 :00 P .M. - 7 :37 P .M. adding that in the next year it is anticipated that it can be linked to the Internet for citizenry use . He explained that PAgis is a map-based system that has all the technology the Engineering Department use on a daily basis. He demonstrated the system's uses regarding zoning , mapping, addressing , pointing out the use f ulness to 911, Fire , and Police Departments . He then reviewed the opportunities f o r the Plann ing Commiss ion regarding electronic plats for subdivisions and bills of assurances, which can be utilized regardi ng citizen inquiry. Alderman Sansing moved , seconded by Alderman Fletcher to read Resolution 624 (#3-09). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 624 (#3-09) . Alderman Fletcher moved , seconded by Resolution 624 (#3-09) in its entirety. Alderman McCleary MOTION CARRIED. d. Ac ceptance of 2008 CAPER Report from CDBG to approve CDBG Director Theresa Watson reported to the City Council that from the Federa l stimulus package for CDBG, the City of Jacksonville wou l d receive $73 ,103.00. She noted that guidelines have n ot yet been established but noted that it is to be allotted for a special project , adding that hopefully it could be used for sewer replacements . Alderman Howard moved , seconded by Alderman McCleary to accept the CDBG 2008 CAPER Report . MOTION CARRIED . e . RESOLUTION 625 (#4-09) A RESOLUTION CONGRATULATING AND SUPPORTING COACH VICTOR JOYNER AND THE 2009 STATE CHAMPION (6A) BASKETBALL TEAM PROGRAM OF THE JACKSONVILLE HIGH SCHOOL ; AND , FOR OTHER PURPOSES . Alderman McC leary recognized the outstanding achievements of the coaches and basketball teams of Jacksonville High School and North Pulaski High School, expressing the City Council 's appreciation for their efforts. Alderman Elliott moved, seconded by Alderman Smith to read Resoluti on 625 (#4-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 625 (#4-09) and announced the names of the team members . Coaches and team members were presented to t he City Council and press for congratu l ations and photograph opportunities. Alderman Elliott moved , seconded by Alderman Smith to approve Resolution 625 (#4-09) in its entirety. MOTION CARRIED . f . RESOLUTION 626 (#5-09) A RESOLUTION CONGRATULATING AND SUPPORTING COACH RAYMOND COOPER AND THE 2009 STATE CHAMPION FIRST RUNNER UP (SA) BASKETBALL TEAM PROGRAM OF NORTH PULASKI HIGH SCHOOL ; AND , FOR OTHER PURPOSES. 6 Oo n')(l ·~ I .) !.., .• ) ·f CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 19, 2009 7 :00 P .M. -7:37 P.M . Alderman Elliott moved , seconded by Alderman Sansing to read Resolution 626 (#5-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 625 (#4-09) and announced the names of the team members . Coaches and team members we r e presented to the City Council and press for congratulations and photograph opportunities . Alderman Elliott moved , seconded by Alderman Sansing to approve Resolution 626 (#5-09} in its entirety. MOTION CARRIED. APPOINTMENT(S): A&P COMMISSION Alderman Elliott moved, seconded by Alderman Howard reappointment of Mike Houchen & Ray Patel for terms MOTION CARRIED. to approve the to expire 2013 . ANNOUNCEMENT ( S) : Mayor Swaim announced that the Arkansas Mun i cipal League 's summer meeting would be held in Hot Springs, asking t h a t City Council members who plan to a ttend contact his office. Parks and Recreation Jacksonville Lighthouse from 10 :00 a .m . to 2 :00 that the groundbreaking F i rst Street . Director George Biggs announced that t he Charter School open house would be he l d Saturday p .m. at the Community Center . He then announced ceremony would be on Tuesday at the site on North ADJOURNMENT: Without objection , Mayor Swaim adjourned the meeting at approximately 7:37 p .m. MOTION CARRIED. MAYOR TOMMY SWAIM 7 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: 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 : Addition to agenda: 16. ANNOUNCEMENTS: April 2, 2009 7:00 p.m. a. b . C. d . Regular City Council Meeting March 19 , 2009 Regular City Council Meeting March 5, 2009 Fund ing for an additional CATA bus (Mayor Swaim) Letter reaffirming support for a separate school district (Mayor Swaim) ORDINANCE 1366 (#9-09) Accepting annexation of Emmanuel Bible Fellowship Church (Mayor Swaim) ORDINANCE 1367 (#1 0-09) Stormwater Prevention (Mayor Swaim) JACKSONVILLE HOUSING AUTHORITY Reappointment of Marilyn Canon for a term to end 3/17/2014 Public Hearings regarding Water Rate Increase and Vacating a Public Alley April 16 , 2009 City Council meeting CDBG "Let's Beautify Sunnyside" April 11 , 2009 7 :30a.m., at Galloway Park 00 0205 00 0203 City Council of Jacksonville , A rkansas April 2 , 2009 A G E N D A co ntinued: AN NOUNCEMENTS continued : ADJOURNMENT Annual Jacksonvill e Cleanu p Day April 2 5 , 2009 9 :00 a.m., at Chamber of Commerce Parks and Recreation Easter Egg Hunt at Excell Park April 4 th starting 10:00 a .m. Parks and Recreation Underwater Easter Egg Hunt at the Community Center poo l April 5t h starting at 2 :0 0 p.m . Parks and Recreation Pitch , Hit and Run at Dupree Park Ap ri l 11 th starting at 10:00 a .m. 000207 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7 :00 P .M. -7:42 P.M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE Th e City Counci l of t he City of Jacksonville , Arkansas met in Regular Ses s ion on April 2, 2009 at t he regular meet in g place of the Coun c il . Alderman Howard del ivered the invo cation and Mayor Swaim led a standing audience in the "Pledge of Allegianceu to the flag. ROLL CALL: Aldermen : Elliott, Smith, McCleary , Sansing, Ray , Rinker , Fletcher, Stroud , and Howa rd answer ed rol l call. Mayo r Swa im also answered ROLL CALL declaring a quorum . PRESENT NINE ( 9) , ABSENT ( 1) . Alderman Twitty was absent . Others pres ent for the meeting were : City Attorney Robert Bamb urg, Deputy City Clerk Lynet te Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley , Human Resource Director Jill Ross , Assistant Finance Director Chery l Erkel, Fire Chief John Vanderhoof, Police Chief Gary Sipe s , Parks and Rec r ea tion Director George Biggs, CDBG Directo r Theresa Watson, Mrs. Judy Swaim, Mrs. Beverly El liott, Mr . Jody Urqha rt , Mr. Larry Smith, interested citizens , and membe rs o f the press. PRESENTATION OF MINUTES : Mayo r Swaim presented the minutes of the regu l ar City Council me eting of March 19 , 2009 for approval a n d/or correction at th e next reg u larl y schedul 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 5 March 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION: GENERAL : a. FUNDING for an additional CATA bus Mayo r Swaim related that the CATA Di rector had contacted h im regarding consideration for an additi onal bus, noting over crowding on t h e regular bus. He explained that the CATA bus that comes to Jacksonville is funde d by Sherwood, Jacksonville, and Pulaski County . He related that CA TA received a grant to fund h alf the cost to run an add itional bus from Jacksonv il le to Little Rock . He stated that the cost i s $7,000 .00 annuall y or $583 .33 month ly for Jackso nvi lle 's s h are. He further explained that the grant would be funded for three years. It was determined that there is a significant dema nd for an earlier morning bus. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2 , 2009 7:00 P.M . -7:42 P .M. He stated that ac cordi ng to CATA, twenty-two of t he thirty-nine passengers were residents from Jacksonvill e. He related that presently the City pays $32,484.00 for two buses; with the additional bus, Jacksonville 's share would be $39,484 .00 a n nually . He noted t hat when the grant expires, each entity has the option to discontinue service . Alderman Ray stated his support of adding an earlier additional bus, saying that it is a good option for Jacksonville residents . Alderman Elliott concurred, noting considerations for energy conservation. Alderman Fletcher moved, seconded by Alderman Smith to approve funding of $583.33 monthly for an additional CATA bus with funds to be drawn from the General Fund . MOT I ON CARRIED. b. Letter reaffirming support for a separate school district Mayor Swaim stated that he is asking the City Council to authorize him to write a letter reaffirming support for a separate school district . He informed the City Council that today the long awaited ruling from the Eighth Circuit Court was issued that upheld Judge Wilson 's ruling, which means Jacksonville is one step closer to having its own school district . He noted that a School Board meeting is coming up soon a nd he had been approached to write a letter reaffirming support for a separate school district and reaffirming the Jacksonville Education Foundation representative's appointment . He explained that the Jacksonvi l le Education Foundation was formed a number of years ago as a support entity for the school system . He related that the Education Foundation has funded the hiring of an attorney, through donations, to handle negotiations regarding the City having a separate school district . He noted that the attorney is with the firm of Wright, Lindsey, and Jennings. He stated that there is a concern that the School Board is considering changing their opin ion on whether the City of Jacksonville can have its own school district . He stated that the letter would reaffirm that the City Council, represent ing the City of Jacksonville, has not changed positions and wishes negotiations to begin in earnes t, particularly since the Eighth Circuit Court ruling offers the opport un ity to move forward . Alderman Smith moved , seconded by Alderman McCleary to authorize a letter from Mayor Swaim reaffirming support by the City of Jacksonville for a separate school distr ict . Alderman Fletcher noted the likelihood of it taking years to bring to fruition, questioning the possibility of forming an improvement district to work with the School Board to use the time in t he interim to present to the voters of Jacksonville the question of building new schools and leasing them to the dist ri ct in the meantime . He stated that at least progress could be made toward having buildings constructed . 2 Mayor Swa im stated that those public funds and partnerships, legal and some are not . avenues noting 000~09 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 20 0 9 7 :00 P.M. - 7 :42 P.M . have been considered regarding that some of those options are City Attorney Bamburg stated that regarding legalities, it would depend on precisely what the City Council proposes and how far citizens are wil ling to authorize funds to be spent . He then explained that the law is very limited regarding what city dollars can be spent for in the nature of educational purposes. He stated that there are specific statutes that address this depending on what the City Council would want to do. He stated t hat without further specifics it would be hard to offer specific advisement. Discussion furth er ensued regarding efforts through the World Class Educational Organization, and Mayor Swaim related that even with donations there are not enough funds available to hire an addi tiona! attorney to address such an issue. He noted that a dditional funds s till need to be raised to pay the attorney that was already hired . He added that he would encourage citi z ens who want their own school district to support the Education Foundation. He stated t h at there has a lways been debate regarding how much cities can do, expla i ning that the Constitution states that a city cannot spend General Fund monies for school operations . He stated that there have been ex amples in bo th ways , citing the Fayetteville lawsuit where the citizens voted to build some facilities and share the cost with the Faye ttevil le School District , which was challenged and lost, costing two million do llars in attorne y fees. He then cited a case in Bald Knob where there was no challenge, relating that Bald Knob had voted a one -cent sa l es tax. He stated that the Federal case has been the standard for most cities. Alderman Fletcher stated that it would have t o be worked with the County b ecause we would still be working under them in order to ha ve a separate millage or bond issue . Mayor Swaim stated that there are a few agencie s that have tried to do that in the pa st. He then cited a circumstance where the Education Foundation ra ised a quarter of a mill i on dollars and t hen discus sed with t he District about giving funds directly to the school, but were told that if they give money to the Pulaski County School District it would go into the General Fund, and is not designated f or Jacksonvill e. Alderman Ray mentioned efforts to ensure tha t our School representative receives a fair share of the stimulus package, so could be some remodeling in the Jacksonville schools . Board there Mayor Swaim stated that he supports any efforts for Jacksonvil le to have its own school district. He encouraged involvement in the Jacksonville Education Foundat i on to support those efforts, noting t hat Mrs. Pat Bond is the Ch airman . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7 :00 P .M. -7 :42 P.M . Alderman Smith stated that it is his understanding that Judge Wilson would still oversee the case. Mr . Mike Wilson stated t h at the percentage of tax collected for the Pulaski County School District is not fairly distributed to Jacksonville . At this time, MOTION CARRIED . c . ORDINANCE 1366 (#9-09) AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN LANDS TO THE CITY OF JACKSONVILLE , ARKANSAS (COMMONLY REFERRED TO AS THE EMMANUEL BIBLE FELLOWSHIP CHURCH PROPERTY); AND, FOR OTHER PURPOSES . Mayor Swaim r elated that t h e property is located on General Samuels near the intersection of Hwy. 107 . Alderman Elliott moved, seconded by Alderman Howard to place Ordinance 1366 on FIRST READING . ROLL CALL: Aldermen Ell i ott , Smith, McCleary , Sansing, Ray , Rinker, Fl etcher, Stroud and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1366 . Alderman Sm i th moved, seconded by Alderman McCleary to APPROVE Ordinance 1366 on FIRST READI NG . ROLL CALL : Aldermen Elliott , Smith, McCleary , Sansing, Ray, Rinker, Fletcher, Stroud , and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved , seconded by Alderman McCleary to suspend the rules and place Ordinance 1366 on SECOND READING . ROLL CALL: Alde rmen Elliott , Smith, McCleary , Sansing, Ray, Rinker, Fletcher, S t roud, and Howard v o ted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorne y Bamburg read the heading of Ordinance 1366. Alderman Smith mo v ed, seconded by Alderman McCleary to suspend the rules and place Ordinance 1366 on THIRD and FINAL READING . ROLL CALL : Aldermen Elli o tt, Smith, McCleary , Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1366 . Alderman Elliott moved , seconded by Alderman McCleary that Ordinance 1366 be APPROVED AND ADOPTED. ROLL CALL: Alde r men Elliott , Smith , McCleary, Sansing, Ray, Rinker, Fletcher , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1366 THIS 2 nd DAY OF APRIL 2009. d. ORDINANCE 1367 (#10-09) AN ORDINANCE CREAT I NG JACKSONVILLE MUNICIPAL CODE §§ 15 .20 PROVIDING PROVISION TO PREVENT STORMWATER POLLUTION WITHI N AND TO THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES . 4 CITY OF JACKSONVILLE . D002~.1 REGULAR CITY COUNCIL MEETING APRIL 2 , 2009 7:00 P .M. - 7 :42 P .M. City Planner McCu l ley stated that the stormwater ordinance is a requirement from ADEQ for cities of our size , adding that Jacksonville 's ord i nance was written to be in line with th e ord inances pa ssed by surrounding cities . He related that the ordinance provides that developers would be mandated to keep runoff off adjacent properties and out of the streams and ditches. He stated that the ordinance would require a stormwater prevention p l an for development. Alderman Stroud moved, seconded by Alderman Ray t o place Ordinance 1367 on FIRST READING . In response to a question posed by Alderman Sans ing, City Planne r McCu lley stated that the provisions are not unfamiliar to developers , explaining that many developers already meet those requirements. He then offered that it was opened for developer input . Mayor Swaim noted that this Ordinance i s part of the Federal Clean Water Act, which started years ago and has progressively taken in cities based on popu l ation . He then noted that for developments t h at would have an extensive amount of pavement, the developer would have to mitigate the water runoff, most commonly with a retention area. City Pl anner McCulley c l arified that the Ordinance development can have runoff leaving the property any greater rate than before the development occurred. states faster that no or at a ROLL CALL: Aldermen Elliott , Smith , McCleary, Sansin g , Ray , Rinker , Fletcher, St r oud and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1367. Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1367 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing, Ray, Rinker, Fl etcher , Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Howard to suspend the rules and place Ordinance 1367 on SECOND READING. ROLL CALL: Aldermen Elliott , Smith , McCleary, Sansing, Ray , Rinker, Fletche r, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1367. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 13 67 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1367. 5 ·ori o··,1z ·.. . 'l..J . ; .. J -'~ CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2 , 2009 7 :00 P .M. -7:42 P .M. Alderman Elliott moved, seconded by Alderman Stroud that Ordinance 1367 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott , Sm i th, McCleary , Sansing, Ray , Rinker, Fletch er, Stroud , and Howa r d voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1367 THIS 2 nd DAY OF APRIL 2009 . APPOINTMENT(S): ADDITION TO AGENDA: JACKSONVILLE HOUSING AUTHORITY REAPPOINTMENT Alderman Ray moved , seconded by Alderman Smith to suspend the rules and place the item of business for the Jacksonville Housing authority on the agenda. MOTION CARRIED . Alderman Smith moved, seconded by Alderman McCleary to approve the reappointment of Marilyn Canon for a term to expire 3/17/2014 . MOTION CARRIED . ANNOUNCEMENT ( S) : Mayor Swaim announced that the City Council would host two public hea rings regarding a water rate increase and the vacating of a public alley during the next regula r ly scheduled City Council meet i ng of Apri l 16 , 2009 CDBG Director Theresa Wa t son announced that CDBG is hosting the project "Let 's Beautify Sunnys i de", that wil l be held next Saturday April 11 , 2009 beginning 7:30 a .m. at Galloway P a r k. She informed the City Council that the project would begin wi th a cleanup of the Park and replanting of the flowerbeds. She then related that beginnin g at 9:00 a .m. free Azalea bush es and flats of flowers wo u ld b e free to the resident s of Sunnyside to beautify their own yards . She stated that residents not able t o attend the April 11th event could pick up free flowers at her office up until April 21st . She encouraged the City Council members to atten d , adding that volunt eers are available for e l derly residents that may need help with planting. Mayor Swaim announced the Annua l Jacksonvil l e Cleanup Day on April 25 , 2009 , encouraging volunteers to meet at the Ch amber of Commerce at 9 :00 a.m . He then announced that the Parks and Recreation Department is hosti n g an Easter Egg Hunt at Excell Park April 4, 2009, starting at 10:00 a.m . for ages walking through ll years. Parks and Recreation Department is also hosting an Underwater Eas t er Egg Hunt at the Community Center Poo l April 5, 2009 starting at 2 :00 p .m ., which is a fundraiser for the J acksonville Boys and Girls Club. 6 CITY OF JACKSONVILLE ··ooo"1 ·. l . J .t:., ii. 3 REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7 :00 P .M. -7:42 P.M . Parks and Recreation Director George Biggs related that this would be the first year to host the event, noting that the $5 .00 entry fee would be donated to the Jacksonville Boys and Girls Club. Mayor Swaim announced that another fundraiser for the Ja cksonville Boys and Girls Club is a car show that is being held April 11th from 9 :00 to 2 :00 at Goodsell's Truck Accessory at the end of Muni cipal Drive . He then announced that the Parks and Recreation Pitch, Hit and Run will be held at Dupree Park April 11 , 2009, starting at 10 :0 0 a.m. Mr . Jody Urqhart announced that the Boys and Girls Club is still in need o f donations for prizes . ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7 :42 p .m . MOTION CARRIED . Respectfu lly , MAYOR TOMMY SWAIM 7 000 21.4 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting April 16, 2009 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 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. b. c. Regular City Council Meeting April 2 , 2009 Regular City Council Meeting March 19, 2009 Regular Monthly Report/March City Planner Chip McCulley Regular Monthly Report/March Public Works Director Jim Oakley Regular Monthly Report/March Chief John Vanderhoof Regular Monthly Report/March Chief Gary Sipes PUBLIC HEARING ORDINANCE 1368 (#11-09) Amending JMC § 13.16 Water Usage Rates and creating JMC § 13.16.016 Pass-through charges (Mayor Swaim) PUBLIC HEARING ORDINANCE 1369 (#12 -09) Vacating and closing an alley off Vine Street in the Harpole Addition (Mayor Swaim) Introduction of Litter Control Program (Mayor Swaim) PRESENTATION of new Farmer's Market (Mayor Swaim) CIVIL SERVICE COMM ISSION Reappointment of Jerry Reichenbach for a term to expire 4/01/2015 CITY OF JACKSONVILLE 000215 REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P .M. - 8 :35 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 16, 2009 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen: Elliott , Smith, Sansi n g, Ray, Rinke r, Fletcher , Stroud , and Howard answered roll ca l l . Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman McCleary arrived at approximately 7 :06 p.m. PRESENT NINE (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker , Fire Chief John Vanderhoof, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Public Works Director Jim Oakley , Human Resource Director Jill Ross, City Planner Chip McCulley, CDBG Director Theresa Watson, Parks and Recreation Programs & Athletic Manager Kristen Griggs, Aquatics Manager Diane Novotny, Water Superintendent Mike Simpson, Water Business Office Administrator Michelle Clark, Mr. Ben Rice, Mr . Jim Peacock, Mr. Larry Wilson, Mr . Jack Danielson, Mrs . Judy Swaim , 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 April 2, 2009 for approval and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved , s econded by Alderman Howard that the minutes of the Regular City Council Meeting of 19 March 2 0 0 9 be APPROVED. MOTION CARRIED . CONS ENT AGENDA: REGULAR MONTHLY RE PORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for March 2009. Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 19 20 50 4 58 Trash Removal 0 Property Maint . Letters 5 Cost $1,772.39 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letter Structural repairs made Demolitions 1 37 38 47 28 12 2 27 0 0 A·o'"''AI ~f~ \jl v~:.:~v CITATIONS Debris & open storage Property maintenance 1 2 WARRANTS Arrest Search REGULAR MONTHLY REPORT /ANIMAL CONTROL CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7 :00 P .M. -8:35 P.M. 4 0 Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for March 2009. Said report reflects: ADOPTION/FINES: CONTRIBUTIONS: TOTAL: REGULAR MONTHLY REPORT/FIRE DEPARTMENT $3,525.00 $ 172.50 $3 ,697.50 Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Report for March 2009 from the Jacksonville Fire Department, which reflects a fire loss of $2 3,000 and a savings total of $180,000 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Report for March 2009 regarding 2009/2008 yearly crime statistical comparisons . ROLL CALL: Aldermen : Elliott , Smith , Sansing , Ray , Rinker, Fletcher , Twitty, and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : PUBLIC HEARING regarding ORDINANCE 1368 (#11-09) AN ORDINANCE MODIFY I NG JACKSONVILLE MUNICIPAL CODE § 13 .16 INCREASING WATER USAGE RATES; CREATING JACKSONVILLE MUNICIPAL CODE § 13.16.016 (PASS-THROUGH CHARGES) AUTHORIZING THE JACKSONVILLE WATER DEPARTMENT TO AUTOMATICALLY ASSESS ANY PASS-THROUGH CHARGES RECEIVED BY THE DEPARTMENT FROM CENTRAL ARKANSAS WATER AND/OR OTHER AUTHORIZED WATER SUPPLIER(S) TO ITS CUSTOMERS ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES . Mayor Swaim opened the public hearing at approximately 7:03p.m. Water Department Superintendent Mike Simpson stated that l ast year Garver Engineering was directed to perform a Water Master Plan update as a requirement of the Arkansas State Health Department for proper operation of a public water supply and the Arkansas Natural Resources Commission for inclusion in the Arkansas Water Plan . He related that following the completion of the 2008 Master Plan update, t h e Water Commission directed that a water rate study be performed to determine if the current rate structure coul d fund water systems maintenance at current levels and future capital projects outlined in the Maste r Plan needed for future water resources. He related that Kirby Roland, Vice President and Water Team Leader of Garver Engineers, would present a brief synopsis from the 2008 Water Master P lan update regarding necessary capital project s to provide a sustainable r eliable water supply f or the next 40 years . He then related that the update also identi f ies infrastructure improvements needed for the expansion of the current distribution system. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P .M. -8:35 P .M. He stated that Shawn Koorn, seni or financial analyst with HDR Engineering, would offer the second presentation regarding the 2009 water rate study . He related that Mr. Koorn performed the last water rate study following completion of the 2003 Water Master Plan update, and is very familiar with our financial requirements . He related that an overview of the presentation would include review o f the 2008 Master Plan update, process of setting cost -based rates , results of revenue requirements, cost of service, rate design, as well as a re view of the recommendations from the study and approval of study recommendations by ordinance. Mr. Kirby Roland described efforts to consider future needs of the Jacksonville Water System. He related that the Arkansas Health Department recommends municipalities perform a Master Plan every five years . He stated that the 2008 is an update of the 2003 Master Plan update, which extends considerations through 2020 . He stated that the 2003 update recommended that future water come from Centra l Arkansas Water, which was approved by the Jacksonville Water Commission and has been instituted. He added that the 2008 upda te picks up that re commendation and offers considerations through 2050. He s t ated that the future peak water demand is estima t ed to be 12 million gallons per day. He related that since completion of the 2003 update , the Mid- Arkansas Water Alliance was formed, an organization with 27 members from Central Arkansas, formed for the singular purpose of obtaining water allocation from Greers Ferry Lake and Lake Quachita . He r e lated tha t those two lakes were built for flood control and power generation, add ing that Co ngr ess a llowed the Corp. of Engineers to allocate a 50 thousand acre feed from ea ch lake for public water supply . He re l ated that an environmental assessment was performed and Mid-Ar kansas Water Alliance was the organization that became the sponsor . He then explained that t he Corp . decided that they would a l low 15 million gallons a day from Greers Ferry and 2 0 million gallons a day from Lake Qua chi ta. He stated that Ja cksonvi lle would get 1 . 24 million gallons from Greers Ferry and 1 . 2 million from Lake Quachita, adding that approval for Gree rs Ferry is expected t h is summer and approval for Lake Quach ita is two to three years away. He stated that it is important to note that t hose water allocations will belong to Jacksonville foreve r. He stated t hat while it is not a lot of water comparably, as we go into the future it becomes more important . He noted that in 30 or 40 years, Jacksonville could go back to obtain more allocation. He noted another ma tter of importance is the Lonoke White Public Au thority, explaining that it is somewhat of an out growth of the Community Two Water System that never came to fruition . He rel ated that they are inline to receive some of the stimulus monies, which wil l provide the pipeline from Greers Ferry to Jacksonville city limits . He related that Jacksonville will probably get water from Lake Quachi ta through Central Arkansas Water and the Greers Ferry allocation will come through Lonoke White Public Authority of which Jacksonville is a member. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P.M. -8:35 P .M. He noted that this is important for Jacksonvil l e because the aquifer leve l s in the wells are decreasing at a rapid rate. He stated that Jacksonville has twelve wells and only nine of those wells are usable, adding that well number eight is projected to go out this year . He related that this has been Jacksonville's primary water supply for a long time, noting that when the aquifer levels drop to a certain level the well is unusable . He stated that even though there has been a realm of studies performed regarding the Arkansas River and Bul l Creek, the most cost effective source would be Central Arkansas Water . He related that Central Arkansas Water is currently updating their Plan, wh ich s h ould be completed by September 2009. He surmised that a future water source for Central Arkansas Water would be Lake DeGray . He reviewed graphics showing the amount of drop in aquifer levels during the period of 1998 to 2002, noting drops up to 25 feet . He cited this as a regional problem, noting that a newspaper article said that the Grand Prairie District in eastern Arkansas may go dry by 2012. He stated that at the current rate of declination, it is projected that Jacksonville's wells might go dry in ten years or less . He stated that all efforts are to ensure that Jacksonville has a future water source. He explained that entities north of the river, North Pulaski, Cabot, Jacksonville, and Central Arkansas Water formed the North Belt Partners to fund and construct the mechanism needed to get water from Central Arkansas Water to these entities . He related that all infrastructure south of the river has been constructed and paid for, adding that the river crossing is currently in construction and the F1 and F2 transmission lines are in design . He noted that the transmission area goes through Camp Robinson as a shorter rout ing that is saving Jacksonville 1.6 million do ll ars . He related that section G going into Jacksonville will be in design soon, adding that the line leading to Cabot will be paid for by the City of Cabot entirely by themselves. He stated that the North Belt Transmission lines are expected to be completed by 2011. He added t hat the bulk costs would occur in the next three years, noting that Jacksonville's share is 35 %, Cabot is 35%, North Pulaski and Central Arkansas Water have the remaining amount . He then informed the City Council that while this would get water t o t he city limits, infrastructure would be necessary to ca rr y the water to the system's tanks . He noted projects in design that have been submitted to the Arkansas Natural Resources Commission and t o the Wa t er /Wastewater Advisory Committee to be approved for low-interest funding . He stated that this is the recommendation to provide water for Jacksonville l o n g into the future, noting that future generations will not have to pay for this because it is being paid for now. He stated that it is being paid for as it is being built, so the only future cost is t h e cost of water treatment and delivery. He rev iewed a list of completed and proposed projects and their costs to date . He noted the cost shared projects in 2009 to 2011 as being the North Pulaski 12" service line and the 3.0 MG West Area Tank. 4 ()Q, n,')19 L• \.. u f.-v.· ! ... CITY OF JACK SONVILLE REGULAR CITY COUNCIL MEETI NG APR IL 16, 2 009 7:00 P .M. -8 :3 5 P .M. He related that projects listed for 2012 and beyond will depend on how the system grows and how the water usage goes, noting they could be postponed longer. In response to a comment from Mayor Swaim, Mr. Roland related that the West Tank and Linework project is the 3 million gallon elevated tank that will not only serve the LRAFB but will serve the western area of Jacksonville. He explained that the Jackson He ights and Base Meadows areas are on a different pressure plain, clarifying that the water needed to serve that area is higher than other areas of town. He stated that the water comes directly from Central Arkansas Water, adding that the tank would also provide for fire flow storage and peak hour usage. He expl ained that this tank would replace the 5 million gallon ground storage tank that was built in 1940 , adding that the tank has probably gone past its life of reliability. He noted efforts to keep the tank in storage until the other tank can be built. He related that the South Source Linework project is a 24" waterline that will come from the Kiehl Avenue area, cross the Inters tate at Brushy Island and will connect, following a powerline that is north of the new Waste Management Solid Waste Landfill and come into the Jacksonville system by connecting onto the Ray Road tank in Excell Park. He then explained that the Hidden Oaks Tank project is a 1 mi l lion gallon elevated tank proposed for future construction. He re l ated that the North/South Source Linework project is south of the Airbase. He stated that it is a line project that goes from the proposed 5 million gallon t ank to the Marshall Road tan k; it allows water to get to that side o f the system. He added that it would also go up the 16" line that runs up Hwy. 67/167 . He stated that these would be the major projects included i n the cost est imates. Mr. Shawn Koorn reviewed the 2009 Water Rate Study. He began by explaining the rate setting process by comparing the utilities' revenues to its expenses, including O&M an d Capital Projects to determine a funding plan t o minimize rates in the long-term, while expediently funding construction projects . He noted that this system is proposed to go on line by 2011/2012 . He stated that once project costs for the waterworks are estimated , the costs are allocated to the different custome rs that are on the system . He stated that each type of customer, residential, commercial, or bulk wholesale; uses water in a different manner or pattern. He related that a cost of service study takes into consideration the facilities that are in place and how the customer uses those facilities . He stated that it takes an equitable proportion of the O&M and Capital costs and allocates it to each of the different types of customers. Th is will determine if rates need to be adjusted 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P.M. -8:35 P .M. regarding the different classifications. He stated that it looks a t what c la ss ification is paying the greater share of the system cost . He related that once overall adjustment to rates i s determined and the relationsh ip between the d ifferen t customer classifications , then r ates can be developed in a fair and equitable manner for all customers. He stated that the f irst step is to look at the revenue requ irements, e xp laining that while they loo k ed at 2009 to 2015 t hey narrowed the focus to the next four -year period ending in 2012 . He related that using t he 2008 budget as a starting point, they developed escalation factor s for t he next fi v e-year s . He no ted 38 . 8 mi ll i on do l lars in proj e cts over four -years, up to 2012 ; adding that it is assumed bond financing will be done t o fund those projects . He explained that t he new Centra l Arkansas Water rates have b e en included in the analys i s, a dding that up to this point t he Water De par tme nt ha s not raised rates regarding current co s t passed on from Central Arkansas Water. He related that wa te r i s an issue t hat faces the Nation , explaining that many entities regional ize t o secure f u ture water supplies . He stated that is it prudent to have independent sources . He offered fu t ure water costs regarding Ce ntral Arkansas Water and Lonoke White, whi le n oting that Lonoke White will not come online until 20 1 2, which is why the study focus was up to 2012. He related the Water utility is using reserves to pay for the 2009 portion of the Capital Improvement Plan , explaining t hat follow i ng th is year they do not have the funds to pay for the remaining 33 mil lion do l lars i n projects sti l l on the t ab l e . He stated that municipal revenue bonds have b ee n assumed as part of the financing, adding that Water Department staff is current ly working on secur i ng State funding and s timulus monies to help buy down the rate increase . He then reviewe d t he summa r y of revenue requirements versus O&M and Capi ta l Improvement projects , noting for 2009 total funds of 6 .2 million, total e xpenses of 6. 6 million leaving a deficiency of 7. 7%. He re lated that a rate increase of 1 3% is being p ropose d for years 2009 through 2011 and an 8% raise in 2012, explaining that the cumulative raise would be 55% by 2012 . He reviewed an average monthly water bill estimated at $25 . 1 2 , saying that the increase would result in a $39 .15 bil l by 2012 . He noted tha t i t would roughly be a $3 .00 to $4 .00 rate i n crease monthly each year, totaling approximately $14.00 monthly by 2012 . He stated that ra te adjustments are needed to adequate l y provide wat er services for its customers , noting that the biggest driver is the Capital program, with funding through debt services . He stated that it is t h ei r recommendation to adopt t he four-year transition plan. He e x pla i ned that the 6.6 million deficient i s equitably allocated back to the different customer classes of service. He stated that the cost of services study has lead t hem to p r opose a f i rst year rate increase of 13% across the board to the various classification of customers . 6 CITY OF JACKSONVILLE 000?2~ . . ...., J. REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P.M. -8:35 P .M. He then revi ewed the current rate structure noting that there is a monthly customer charge and a consumption charge that is a declining block, explaining that the more water used by a customer the less it costs. He noted debate as to whether this is the correct message given the cost of water going into the future. He explained issue s with the Was t ewater portion of the bill given that the wa t er is billed bulk. He sta te d that the staff is working on adopti ng conservation-based rates going forward to change that rate structure . He stated t h a t the current recommenda tion is to carry f orward with updating the existing rate structure until a conservative based rate s tructure can be adopted. He then reviewed inside/outside t he City proposed r ates exc luding the new pass -through watershed protection fee from Central Arkansas Water . He related t h a t it would be in additi on to the proposed rates because it is on a per meter bas is that would be turned on and off depending on the level of revenue collected by Central Arkansas Water. He stated that the charge f o r res ident ial inside city and commercial would be $4.90 increasing to $6 .40 fo l lowing the first 2, 000 gallons used and t he n decreasing to $3 .70 for over 50 ,000 in water use. He then offered a bar- graph rate compa ris on with other surrounding cities based on a 6, 000 - ga llon monthly usage , saying that Jacksonville is slightl y to the right of the middle of the bar-graph . He then revi ewed the Cent r al Arkansas Watershed Protection fees , noting that a typical residential meter of 5/8" or~" meter the charge would b e $0 .45 . He recommended adjusting the current rate structure to reflect the transition plan once billing and administrative issues are resolved wi th Wastewater, moving more toward a conservation-based r a t e . He recommended moving away from a rate declining stru ctu r e , noting that once that happens there would have to be a new rate structure for the different classifica tions of water users . He related that h e is working with staff to develop future "wholesale on demand" rates , e x plaining that while this is a considera t ion for the future it needs to be identified now . In conclusion, h e r eiterated the r e commendations to adopt the rate transition plan with no cost of service adjustment s at this time , propose implementing an across the board increase over the next four-year period a nd maintain the current rate structure . Alderman Smith noted that while a rate i ncrease during hard economical times is difficult , water is the greatest asset going into the f uture for t he City . He further noted the importance to have future seconda r y sources , offering consideration to the fact that the well would probab l y be unusable in 10 years. He issued his support to adopt the transit i o n plan as recommended . Alderman Sansing stated t hat while he would not dispute facts regarding t he water s ystem, he voiced concerns for a "wish l ist" that cou ld be trimmed so as to lessen the impact to water customers . He noted that 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P.M. -8:35 P .M. according to the bar-graph, afte r the increase there would only be one other area paying a greater monthly rate than Jacksonville . He stated that while it may only be a few dollars more monthly, hard economic times magnifies the impact for the customer who has lost his job or i s living on a fixed income. He questioned if other engineering fi r ms have been consul ted regarding a possible trimming of costs, adding that the plan needs to be "tweakedn to decrease customer co sts. In response to a question posed by Alderman McCleary , Mr . Koorn stated that any monies received from grants or stimulus would save the customer in cost . He then noted that bond financing is proposed to be at 5 . 5% over 20 years . In response to a question posed by Alderman Smith, Mr. Koorn informed the City Council t hat other citie s such as Cabot would be increas ing their water rates because of infrastructure projects . In response to a question posed by Alderman Fletche r, Mr . responded that the wells peak at 8 million gallons daily , adding an average day they pull 2 to 3 million gallons. Simpson that on Discussion ensued regarding the ten million do llar bond funding limit for municipalities, City Attorney Bamburg clarified that stimulus consideration would allow above that for a limited period of time . Mayor Swaim pointed out that if the revolving loan fund with a lesser rate were used then it would not affect the bond coverage . At approximately 7:53 , Mayor Swaim offered the floor for public comment. Mr. Mike Wilson, owner of rental property, voi ced issues as to when conservation and re cycling water becomes cost effective regarding funding infrastructure. Mr. Roland responded saying that recycling of water occurs more on the wastewater than the water side. He noted conservation efforts regarding new construction, citing governmen t buildings using waterless urina ls, and other opportunities to capture water for landscaping . He stated t h at these efforts are not as broad as they should be , b ut these conservation measures are on the rise. He stated that it has been his e xperience that plants that recycle water use it to water golf courses a nd for agricu ltural purposes. He added that it cannot be used for drinking water without major treatment. He stated that from the water side of conservation , mostly reduction of use is the main theme . Mayor Swaim questioned if they had considered consumption reduction in any other rate studies. 8 CI TY OF JACKSONVILLE REGULAR CITY COUNCIL MEETI NG APRIL 16 , 2 00 9 7 :0 0 P .M . - 8 :35 P .M. Mr . Roland stated that typically what he has observed is that cities will pass ordinances that require the use of certain low flow fixtures in bathrooms, adding that mostly it is voluntary not mandatory. He comm en ted that it is more prevalent in the western portion of t h e Unit ed States, noting that it is not seen here because there is an abundance of water in Arkansas . Mr . Wilson reit erated hi s saying that Jacksonville approach . concerns could use for water conservation this opportunity to measures, l ead t h a t Alderman Sansing noted one positive comment he heard from the public was that there was possibly going to be an adjustment regarding the rate structure to reflect the more used the more paid. He added that t his structure would promote conservation. Water Department Superintendent Mike Simpson related that the idea has only been delayed, because any effort to restructure the rate is pendi ng issues with Wastewater. He clarified that in the next rate study, the Commission is committed to the idea of reducing rates for low consumption users. Mr. Resell Aaron voiced concerns that decisions are being made today that would affect situations five and ten years from now based on projections. He questioned if the rate and timing of the increase needs to be so close together, once again, based on "what ifs". Mr. Tom Audrey questioned the time involved with t h e wells having become unusable and the time left for the remainder o f wells, saying that the time factor woul d be a big barring on when this really needs to happen . He questioned if this plan has to be acted on now or cou l d there be a longer period. He issued concerns for the economy saying that it is a bad time to raise rates. He acknowledged that it would not be good to wait until the situation becomes a crisis. Water Department Superintendent Mike Simpson a n swered that the wells are monitored daily and they are constantly aware of current levels. He stated that over time that information is given t o Garver Engineering to determine the drawdown of each well. He explained that the recovery rate is very slow in the wells, estimating that the wells will deplete in ten years time. He stated that this water is Jacksonville's most economical supply so it is the preferable water supply. Mayor Swaim questioned if aquifer that runs under Mississippi Rive r. the aquifer Lonoke and 9 Jacksonville pumps Prairie Counties is the towards same the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7 :00 P.M . - 8 :35 P .M. Water Department Superintendent Mike Simpson deferred that question to Mr. Kirby, saying that he is aware that our aquifer is in the area where Cabot and Grand Prairie Water are currently drawing water. Mr. Kirby related that the Military Road and Rem i ngton well fields pull fro m the Alluvial aquifer, explaining that the Sparta aquifer is the main one out east . He added that the Sparta aquifer has serious derogation. In respo nse t o a questi on posed by Alderman Fletcher and Mayor Swaim, Water Department Superintendent Mike Simpson stated that all the wells vary but the drop has been from 6" to 3 ' annually. Alderman Ray noted that the Remington fields are monitored daily and the wells have fallen 4 ' since 2000. Mr. Jody Urqhart stated that one term not mentioned that the City Council might be interested in because of inquiry regarding the Sparta aquifer across Prairie County , Jefferson County, and Lonoke County is the "cones of depression" throughout the area. He explained that the "cones of depression" draws on our levels as more and more water is drawn out. He s t ated t his has bee n an issue for agriculture and industry in the State for the past eleven years plus. He noted that the Alluvial aquife r is farther below the Sparta and even harder water to access . Without further comment , Mayor Swaim closed the public h earing at approx imately 8:13p.m . Alderman Ray moved, seconded by Alderman Howard to place Ordinance 1368 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, McCleary , Ray , Rinker, Fletcher, Twitty, and Howard voted AYE . Alderman Sansing voted NAY . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1368. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1368 on FIRST READING . Alderman Sansing stated that he believes the Water Commission could re v iew the pro posal to c u t expenses and bring back a rate increase that wo uld lessen the impact on the citi z ens . He added tha t he be l ieves some of the projects could be postponed or modified , stating that this is a bad time eco n o mica l ly to push fort h this sort of rate increase without fur t her stud y or engineering t o determine any cost saving measures. ROLL CALL : Aldermen Elliott, Smith, McCleary , Ray, Rinker , Fletcher , Tw i tty, and Howard vot e d AYE. Alderman Sansing voted NAY . MOTION CARRIED . Alderman Smith mo ved , se conded by Alderman Ray to suspend the rules and place Ordinance 1368 on SECOND READING. ROLL CALL: 10 . -OOOG:15 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7 :00 P .M. -8 :35 P .M. Aldermen Elliott , Smith , McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE . Alderman Sansing voted NAY. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1368. Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1 368 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott , Smith, McCleary, Ray, Rinker, F l etcher, Twitty , and Howard voted AYE . Alderman Sansing voted NAY . MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordi nance 1368 . Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1368 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith , McCleary, Ray, inker, Fletcher, Twitty, and Howard voted AYE . Alderman Sansing voted NAY. MOTION CARRIED . Alderman Ray moved, seconded by Alderman Howard to APPROVE AND ATTACH the EMERGENCY CLAUSE to Ordinance 1368. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty , and Howard voted AYE . Alderman Sansing voted NAY. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1368 THIS 16th DAY OF APRIL 2009 . WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : GENERAL: a . PUBLIC HEARING regarding ORDINANCE 1369 (#12-09) AN ORDINANCE VACATING AND CLOSING A PORTION OF AN ALLEY ALONG LOTS 1, 2, & 3 , BLOCK 4 , OF THE HARPOLE ADDITION, JACKSONVILLE , ARKANSAS (GENERAL LOCATION : PORTION OF AN ALLEY OFF VINE STREET IN THE HARPOLE ADDITION, JACKSONVILLE); AND, FOR OTHER PURPOSES . Mayor Swaim opened the public hearing at approximately 8 :15 p .m. City Planner McCulley related that the alley is located between Vine and North First Streets, identifying it as a 20' X 140' alley that is no longer in use. He stated that closing the alley would not affect any utilities or area drainage . Alderman Ray moved , seconded by Alderman Smith to place Ordinance 1369 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith, McCleary , Sansing, Ray, Rinker , Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1369 . 11 000226 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7 :00 P .M. - 8 :35 P.M . Alderman Ray moved, seconded by Alderman Smith to APPROVE Ordinance 1369 on FIRST READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker , Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alde rman Ray moved , seconded by Alderman McCleary to suspend the rules and place Ordinance 1369 on SECOND READING. ROLL CALL : Aldermen El l iott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 136 9 . Alderman Ray moved, seconded by Alderman McCleary to suspend the rules a nd place Ordinance 1369 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinke r , Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1369. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1369 be APPROVED AND ADOPTED . ROLL CALL : Al dermen Elliott , Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1369 THIS 16th DAY OF APRIL 2009 . b. Introduction of the Litter Control Program Public Works Director Jim Oakley informed t he City Council regarding efforts to cleanup the roadways in Jacksonville; the City implemented a fu ll-time litter crew . He explained that a full -time employee was reallocated to the proj ect, along with a seasonal employee worki ng with the Police Department to utilize community service workers . He stated that the program started approximately one month ago and to date they have picked up 1, 04 7 bags of trash, 60 tires, and used 850 community service man hours . He then answered that the estimated cost is approximately $2,000 .00 including em ployee sa la ry, vehi cl e, supplies, and fuel. He related that if this project h ad been contracted it would h ave cost approximately $8,500 .00, saving the City approxima t ely $6,500 .00. He stated that he feels it is a worthwhile project . He thanked Mayor Swaim and the Police Department for supporting thi s project . c. Presentatio n o f n e w Farme r 's Market Mayor Swaim related that two years ago the Legislature allocated additional funds for cities, explaining that the City of Jacksonville received $205, 000 .0 0. He related that based on good investment it has grown to $21 7 ,000 .0 0 . He added that those monies have been set aside to build a farmer's market, and it was determined t hat a perfect location was here near City Hall and the Community Center . City Planner McCulley presented the redevelopment of the area south of the Community Center as a farme r's market . He stated tha t with 12 0001.27 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7 :00 P.M . - 8 :35 P.M. allocated funds they feel they can not only build a 2, 500 square foot pavilion but also resurface two parking lots and construct a 10' wide, 3/16th mile walking track. He explained that it would also provide an open space green area inside the track that could be used for a children's play area. He offered PowerPoint sketches of the pavilion and the playground. He related that the pavilion would have the same architectural style as the Comm u n i ty Center, adding that because of the size it could be used for not only the farmer 's market , but also other uses . He noted that the pavilion would hold 40 standard size tables. He noted that the foundation of the old ordina nce plant is proposed for use in construction of the new pavilion . He stated that Public Works Di rector Jim Oakley feels the ground is compacted which should save costs regarding the construction of the walking track. In response to a quest ion posed by Alderman Howard, City Planner McCulley answered that the Parks Commission is looking to relocate the skate park, adding that there is separat ion between the redevelopment area and the skate park, allowing for future expansion of the farmer 's market . In response to a question posed by Alderman Howard, Mayor Swaim stated that the caboose r equires a specialized paint that would also be able to have graffiti removed without harming the finish. Mayo r Swaim stated that the projected time frame is not certain but it is hoped that the proj ect will begin by fall. He went on to info rm the City Council that he had discussed with Public Works Director Jim Oakley t he possibility of constructing the track out of the overlay program . He noted that it was bid at the same price and currently the City has two years of overlay funds to work with. Alderman Elliott supported the vision of the farmer's market being located centrally to City Hall and the concept of having a track dedicated to walkers, moving that activi t y away from the Community Center traff i c, along with a p l ayground in the center for the children of walkers. Mayor Swaim noted that past efforts to establish a farmer 's market in the shopping center were not ideal, citing difficulties with parking . He added that hopef ully this wou ld solve past iss u es and make for a more successful farmer's market . It was the consens u s of the City Council to move forward with the project . APPOINTMENT(S): CIVIL SERVICE COMMISSION Alderman Smith moved , seconded by Alderman Ray to reappointment of J e rry Reiche nbach for a term to expire CARRIED . 13 approve the 2015. MOTION ANNOUNCEMENT(S): MANOR HOUSE APARTMENTS CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16 , 2009 7:00 P.M . -8:35 P .M. City Attorney Bamburg informed the City Council that there are still code violations involved from when the owners had control, which will be addressed in our District Court in June. He explained that t he owners have filed receivership, which is an owner relinquishing foreclosure process . He stated that the foreclosure sale is set for the middle of May, adding that there has been interest shown from various parties to purchase the property and rehab. He stated that there are o t her considerations being explored by the City, which might be brought back to the City Council in May . Mayor Swaim questioned the City Council if it is something the City wou ld be interested in bidding to try and cleanup the entrance t o Dupree Park. He stated that the first "L" shaped building would be removed and the second building if left, could be turned over to public housing to rehab . He stated that without knowing the full costs it is difficult to know how to b i d on the property . He noted that the property ha s been a problem for years, as well a s a t raffic hazard regarding vehicles exiting the Park. He noted that with Council approval they would explore the possibility of bidding the project . Alderman Fletcher supported the City mov ing forward to obtain the property, saying that it pres ent s a negat ive community image to Park visitors . He stated that in speaking with others regarding the enormous scope of rehabilitation, it is generally not worth trying to rehab . He then noted that the property also has drainage problems . Mayor Swaim explained that because of the nature of t he b idd ing process , it would not be prudent to have open disclosure, offering that the City has also discussed with investo rs th e possibility of a partnersh ip that would allow the City t o purchase the "L" shaped build i ng and have it removed. He stated that a lot of time has been spent regarding various options but there have been no formal agreements . He recognized City Attorney Bamburg and Director of Administration Jay Wh i sker for t h ei r various efforts to this project . It was the consensus of the City Council to authorize Mayor Swaim t o move forward with negotiations to obtain the property . Mayor Swaim updated the City Council regarding ongoing e fforts in Sunnyside, noting that another 14 lots were acquired, and saying t hat optimistically the City wi ll gain strides to improve the area. He then noted that City Pla nner McCulley has p rep a re d a condemnation list regarding 16 houses in Sunnys ide, which includes houses being cited for repairs . In response to a question posed by Alderman Howard , Public Works Director Jim Oakley answered that the mowing season will begin next week . 14 0002.2.9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7 :00 P.M . -8:35 P.M . ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 8 :35 p .m . MOTION CARRIED. MAYOR TOMMY SWAIM 15 000 230 City Council Of Jacksonville, Arkansas AGENDA Regula r City Council Meeting 1. O P ENING PRAYER : 2 . ROLL CALL : 3. PRESENTATION OF MINUTES : 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA : Animal Control : Engineering : 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 : May 7 , 2009 7 :00p.m. a. Regular City Council Meeting Ap ril 16, 2009 Regu lar City Council Meeting April 7 , 2009 Regular Mont hly Report/April Public Works Direct or Jim Oakley Regular Monthly Report/April City Planner McCulley ORDINANCE 1359 (#2-09 ) Reclassifying Lots 1, 2 , 3 , 4, 5 & 6 and Lots 48, 49 , 50, 51 , 52 & 53 , Block 2 , Brown Addition (Alderman Stroud) ORDINANCE 1370 (#13-09) Creating JMC § 3 .30 and 3.35 Identity Theft Prevention Program (Mayor Swaim) b . RESOLUTION 627 (#6-2009) Expressing willingness to utilize Federa l-aid Recreational Funds (Mayor Swaim) c . DISCUSS ION James, Main, & Dupree Intersection (Alderman Stroud) d . Request to Accept Bid: Roof Repair Community Development (Mayor Swa im) d . ORDINANCE 1371 (#14-09) Amending Jacksonville Municipal Code§ 2 .06.010 establish starting salary for Mayor (Alderman Stroud and Twitty) City Council A G E N 0 A continued: May 7, 2009 15 . APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT SEWER COMMISSION Appointment of Barbara Meyers to serve a term to expire 4/20/2014 NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD Reappointment of Sharon Malnar for a term to expire 10/02/2010 Reappointment of Marion Lee for a term to expire 1 0/02/2011 Reappointment of Bill Driggers for a term to expire 1 0/02/2012 Reappointment of Rick Love for a term to expire 10/02/2013 PLANNING COMMISSION Appointment of Joe Ott for a term to expire 01/01/2012 ooo· ?0 1 \. .. ., ... J -:0.. Ooo rl'):"') \ / ... J /..., CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7 :00 P .M. -7 :43 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council o f the City o f Jacksonville , Arkansas met in Regular Session on May 7, 2009 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL : Aldermen: Elliott , McCleary, Sansing, Ray , Rinker , F l etcher, Stroud , Twitty , and Howa rd answered ro ll call . Mayor Swaim also answered ROLL CALL de claring a quo r um . PRESENT NINE (9), ABSENT (1). Alderman Smith was absent. Oth ers present for the meeting were : City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Direct or of Admin i stration Jay Whisker , Public Works Director Jim Oakley, City P l anner Chip McC ulley , Assistant Finance Director Che r yl Erkel, Finance Director Pau l Mushr ush , Fire Chief Jo hn Vanderhoof , Police Chief Ga ry Sipes , Wastewater Manager Thea Hughes , Parks and Re creation Interim Director Kristen Griggs, CDBG Director Theresa Wa tson, Mrs. Judy Swaim, Mr s. Beve rly Elliott, Mrs. Helen Stroud, Mr. Mike Wilson, Mr. Dickie Penn, Mr. Jody Urqhart, Mr. Tommy Bond , Mr. Larry Smith , interested cit i zens, and members o f the press . PRESENTATION OF MINUTES: Mayor Swa im present ed the minutes of the regular April 16 , 2009 for approval and /o r correction scheduled Cit y Council meeting. Ci ty Co unci l meeting of at the next regularly APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Howard moved , seconded by Alderman Ray that the minutes of the Regular City Counci l meeting of 7 April 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman E lliott moved, seconded by Alderman Ray to approve the Regular Mo nthly Animal Control Report f or Apr i l 2009. Said report reflects : ADO PTI ON/F INES: CONTRIBUTIONS : TOTAL: REGULAR MONTHLY REPORT/ENGINEERING $3,165 .00 $ 0.00 $3,165.00 Ald erman Elliott moved, seconded by Alderman Ray t o approve t he Regular Monthly Report for April 2009. Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License 23 10 INSPECTIONS PREFORMED Building Inspections Electrical P l umbing HVACR 44 36 28 24 UNSIGHTLY & UNSANITARY Grass Le t ters Property Mowed Trash Letters 209 28 35 Trash Removal 0 Property Maint. Letters 12 Cost $1,306 .57 CITATIONS Debris & open storage Property maintenance 3 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7:00 P.M. -7:43 P.M. VEHICLES Notice of Noncompliance Towe d CONDEMNATIONS Structural Maint . Letter Struc tural repairs made Demo li tions WARRANTS Arrest Sear ch 7 2 1 7 0 0 4 0 ROLL CALL: Aldermen : Elliott , McCleary , Sansing, Ray, Rinker, Fletcher , Stroud , Twitty , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT: FIRE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION: ORDINANCE 1359 (#2-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS (GENERAL LOCATION : PROPERTY IN THE BROWN ADDITION ACROSS FROM SECOND BAPTIST CHURCH , NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND , FOR OTHER PURPOSES. Mayor Swaim related that the property is located direct l y ac r oss from the Second Baptist Church and is commonly referred to as the "Gwatney Family Home ." He stated th e Planning Commission has recommended r ezoning from R-0 to R-1. Alderman Ra y moved, seconded by Alde rman Stroud to place Ordinance 1 359 on FIRST READING. ROLL CALL : Aldermen Ell iott, McCleary, Sansing, Ray, Rinker, Fletcher , Stroud, Twi t ty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the head i ng of Ordi n ance 1359 . Alderman Stroud moved, 1359 on FIRST READING. Ray, Rinker, Fletcher , MOTION CARRIED . secon ded by Alderman Howa rd to APPROVE Ordinance ROLL CALL: Aldermen Elliott, McCleary, Sansing, Stroud , Twitty, and Howard voted AYE . NAY ( 0) . Alderman Fletcher moved, seconded by Alderman Ray to suspend the r ules and place Ordinance 1359 on SECOND READING. ROLL CALL: Aldermen Elliott , McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read t he heading of Ordinance 1359 . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7:00 P.M. -7:43 P .M. Alderman Stroud moved, s econded by Alderman Ray to suspend the ru les and place Ordinance 1359 on THIRD and FINAL READING. ROLL CALL : Al de rmen Elliott, Mc Cl eary , Sansing, Ray, Rinker , Fletcher, Stroud , Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the he ad i ng of Ord in ance 1359 . Alderman Stroud moved, APPROVED AND ADOPTED . Ray, Rinker , Fletcher, MOTION CARRIED. seconded by Alderman Ray that Ordi n anc e 1359 be ROLL CALL: Aldermen E l lio tt, McClea ry , Sans ing, Stroud, Tw itty , and Howard vot e d AYE . NAY (0). ORDINANCE APPROVED , ADOPTED AND NUMBER 1359 THIS 7 th DAY OF MAY 2009. GENERAL: a . ORDINANCE 1370 (#13-09) AN ORDINANCE TO CREATE JACKSONVILLE MUNICIPAL CODE §§3 . 30 AND 3. 35 (IDENTITY THEFT PREVENTION PROGRAM); TO COMPLY WITH FEDERAL REGULATIONS RELATING TO ADDRESS DISCREPANCIES ; TO COMPLY WITH FEDERAL REGULATIONS RELATING TO RED FLAGS AND IDENTITY THEFT; AND , FOR OTHER PURPOSES . Mayor Swaim related tha t Ordinanc e 1370 addresses a new federal regulat i on . Finance Directo r Mushrush related that the regulation was passed by the FTC in 2006 with a long imp l ementat ion period because of the complex ity . He stated that it is called the Fair and Ac c ura te Cred it Transact i on Act (FACTA). He ex plained tha t the purpose of the program is to protect the customer 's ide nt i ty for all creditors and businesses so that the publ i c is protected against intrusion into their personal affairs . He stated that all areas of the City affected b y FACTA were procedure compliant when reviewed . He point ed out that this would provide strong internal controls for protecting information. Al derman Stroud moved, seconded by Alde rman Ray to place Ordi nance 1370 on FIRST READING . ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray , Rinker , Fletcher, St r oud , Twitty, a nd Ho wa rd voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg r ead the heading of Ordin anc e 1370 . Alderman Stroud moved , 1 370 on FIRST READING. Ray, Rinker , Fletcher, MOTION CARRIED. seconded by Alde r man Elliott to APPROVE Ord i nance ROLL CALL: Aldermen Elliott, McC l eary, Sansing, St ro ud, Twitty , and Ho ward voted AYE . NAY ( 0 ) . Alderman Stroud moved, seconde d by Alderman Howard to suspend the rules and place Ord in ance 13 70 on SECOND READING. ROLL CALL: Aldermen Elliott , McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the headi ng of Ordinance 1370 . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P .M. - 7 :43 P .M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1370 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bambu r g read the heading of Ordinance 1370. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1 370 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Ell i ott, McC l eary, Sansing, Ray, Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1370 THIS 7 th DAY OF MAY 2009. b . RESOLUTION 627 (#6-2009) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID MONIES FOR ITS PARKS AND RECREATION DEPARTMENT, AND, FOR OTHER PURPOSES . Public Works Director Jim Oakley r elated that they are proposing to extend the existing trail constructed in 2004 that goes around the Lake up to Redmond Road. He explained that the extension would be to Bayou Meto Creek from the back of the Lake. He related that the extension would cost approximately $70,000 .00 for a ten-foot paved road, pointing out that the City is applying for an 80/20 match grant . Mayor Swaim concurred, saying that the City 's port i on would be $14,000 .00 in matching funds . Public Works Director Jim Oakley stated that the long-range goal is to have the trail constructed all the way to Hwy . 161 . Mayor Swaim noted t hat there is the possibility of using in-kind wor k to offset the $14,000.00 match funds, explaining that the City would have to obtain approval from the Arkansas Highway Department as grantor . In response to a comment from Alderman Ray, Public Works Director Jim Oakley related that this wou l d not interfe re with the canoe ramp, saying that one of the canoe r amps l ocated at Reed 's Bridge off Western Avenue has been completed. Other discussion ensued regarding a bridge or low water crossing under the railroad trusses. Mayor Swaim noted that the City applied for the grant once before and was not awarded the grant because the City had received a grant the year before. He expressed hi s hope that the City would be a strong contender for this grant . Alderman Stroud moved , seconded by Alderman Howard to read the heading of Resolution 627 (#6-2009). MOTION CARRIED . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7:00 P.M. -7:43 P.M . Alderman Stroud moved , seconded by Alderman Ray to approve Resolution 627 (#6-2009) in its entirety . Mayor Swaim related that the required match f unds could be drawn from the Capital Improvement Fund . At this time, MOTION CARRIED . c . James , Main, and Dupree Intersection Mayor Swaim reminded the City Council that they had received information regarding a study of the intersection at a previous City Council meeting, noting t hat the study had revealed that it is not feasible to construct a roun d-a-bout at the intersection. The City Council reviewed a PowerPoint presentation regarding options numbered 1 through 3. A copy is on file in the Office of the City Clerk. Discussion ensued regarding the different changes and improvements for infrastructure, signalization, and green spaces . Mayor Swaim explained that option #1 closes Dupree Drive, puts a green area in front of the fountain and offers a lot of landscaping with a more attractive and safer crosswalk . He added that it changes the signalization. He then related that option #2 offers a significant change in the straightening of James St r eet, noting that i t would require a significant amount of right-of-way . He stated that it closes Du pree Drive and makes it a fancier area. He explained that option #3 leaves the intersection as a intersection but offers a change in the cross walks, signalization, landscaping , and puts in a median . five-legged as well as He noted that option #3 i s approximately $600,000.00 . He then stated that opt i on #1 is app r oximately 1 . 5 million and option #2 is 1 . 8 mi llion dollars, explaining that additional costs are c ontinge nt on rights-o f-way purchase costs. Alderman Ray stated that his const i tuents have expressed a desire to keep Dupree Drive open, offering his support for option #3, which keeps Dupree Drive open . In response to a question posed by Alderman McCleary, Mayor Swaim stated that option #3 would be the least intrusive to Walgreens . Alderman Stroud closing of the stated Library that he would be exit, adding that 5 apprehensive regarding i f proper l andscaping the and CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7:00 P .M. -7:43 P .M. resolution regarding the telephone poles was addressed; he would be content with option #3. Alderman Fletcher issues concerns for handicap accommodations regarding utilization of wheelchairs throug h this intersection . Mayor Swaim noted that all corners of the intersection would be h andicap a cces sible, adding that it is his understa nd ing that it would have pedestrian crosswalk lights . Alderman Fletcher stated that his concern would be the timing, noting that often it takes longer for a handicapped person to navigate the crosswalk. Alderman Ray stated that he had observed this concern rece n tly at an intersection . Mayor Swaim noted that funding wou ld need to be discussed, noting that this is not one of the existing capital improvement projects . He related that funding regarding some of the existing projects could be amended, explaining that there is enough funding in Capi tal Improvements to fund option #3 but not options #1 o r #2 wi thout amending other funding. He offered that Sale Tax collections for Jacksonville have not been down as much as North Little Rock. He then answered that he is not aware of any stimulus funds available for this project; adding that there are funds that might be made available under LUCA funding, but those fu nds of approximately $400 ,000 were planned for the intersection of West Main and Harris Road . He returned to the issue of Sales Tax, noting that it has not fallen drastically but is trending downward. He explained tha t they had not budgeted as much as was collected so there wil l be some funds available at the end of the year . Alderman Stroud moved, seconded by Alderman Ray to proceed with option #3 regarding improvements to the James, Main , and Dupree Intersection , authorizing Mayor Swaim to locate funding. Mr. Jody Urqhart voiced concerns for traffic being able to cut through in front of the Chamber building, noting it to b e a safety con cern . He questioned if there is any consideration to c lo se one of the accesses . Mayor Swaim answered that if th e Chamber of Commerce asked t he City to close one of t h e accesses it could be eas i ly accomplished with a non- mountable curb. 6 CITY OF JACKSONVILLE REGULAR CI TY COUNCIL MEETING MAY 7 , 2009 7 :00 P .M. - 7 :43 P .M. In response t o a question posed by Alderman Fletcher, Directo r o f Administration Jay Whisker re l ated that the project i s i n t he design phase, projecting that it woul d n o t take l on ger than a few months in construction. Mayor Swaim noted that projected costs do n ot i n clude des i gn fees. At this time , MOTION CARRIED . d. Request to accept bid regarding Roof Repair for the Community Development Building Public Works Di r ect or Jim Oakl ey s tated that while he has not u sed the low bid contractor in the past , the bid d oe s meet all spec ificat ions . He stated tha t he is comfo rtable with the refe r ences he was able to obtain . Di s cussion ensued a nd it was noted that the ongoi n g problems are mainly due t o the construction bei ng a flat roo f. Mayor Swaim n o te d that the r oof has been replaced at l ea st once and possib l y twice in t h e last 20 years . In respon se to a question posed b y Alderman Ell iott, Public Works Director Jim Oakley stated that the r oof system is a PVC vinyl white reflective t ype, adding that i t has been used for the l ast 10 years and has worked well . He then answered that the roof would h ave a 15-year guara nt ee . Alderman Stroud moved, seconded by Alderman Howard to accept the low bid in the amount of $14 ,629 .00 with funds to be drawn from the Capital Improvement Fund . MOTION CARRIED . e . ORDINANCE 1371 (#14-09) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE § 2. 06.010 (MINIMUM SALARY -MAYOR); AND, FOR OTHER PURPOSES . Mayor Swaim clarified t hat Aldermen Stroud and Twit ty are the spo nsors of this item of business. Al de rman Elliott and F l etcher recused themselves from the dais . Alderman St roud related t h at the present ordi nanc e governing the starting salary for mayor is $45,00 0 .00, adding that the cost of l ivi ng has risen s i gnificantly s i nce the adoption of that ordinance . He stated that it is thought that the mayo r's sala r y should be more than t h e next h i ghest employee. He noted that when Mayor Swa im t ook office his salary was less than four or five of t he higher earning employees. He stated t hat t he ordinance proposes that the total compensation b e $75 ,000 .00 , $70,000.00 for t he base salary and a $5, 000 .00 car allowance. He stated that the 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7 , 2009 7 :00 P .M. -7:43 P .M. proposed salary and car allowance is $20 0.00 more monthly than the next highest earning employee. Alderman Twitty stated that she did not feel that the auto allowance should count toward making the mayor 's salary higher than the next highest earning employee . She stated that at the very least she feels the starting base salary should be $73,000 .00 , which wo u ld be above t he next highest earning emp loyee by a small amount . She added that she feels that the auto al l owance should be set at $6,000.00, totaling $79,000 .00. Alderman Stroud and Twit ty reiterated their convictions for pro p osing the b ase salary and car allowance a s ea ch had p resente d . Each expressed disinclination because of convictions to acquiesce. I n response to a question posed by Alderma n Sansing, Mayor Swaim stated that th e car allowance wa s combined into hi s salary several years ago and at that t i me, it was $7,200.00 . He then an swered tha t his current sa l ary is $94 , 4 99. 00 and that the ne x t highest paid employee earns $72, 500. 00 approximately. Alde rma n Sansing stated that he woul d not have a problem i f the base salary were set a t $73,000 .00, a n d a llowing a car allowance of $5,000 .00 o r $6,000 .00 dollars . Alderman McClea r y stated that he agrees with Alderman Sansing and Alderman Twitty that t h e salary should be set slight ly higher than t he highest paid employee, p lu s a car allowance of $5 , 000.00 or $6 , 000 .00 dollars . Alderman Rinker offered her concurrence for that proposa l . Mayor Swa i m noted tha t the ordinan ce was prep ared with a $70 ,000.00 base salary and a $5 ,00 0 .00 car allowance, expla i ning that the ordinance can be p l aced on first reading and then amended as the City Council desires . Alderman McCleary moved, seconded by Alderman Ray to p l ace Ordinance 1371 on FIRST READING. ROLL CALL: Aldermen McCleary, Sansing, Ray , Rinker, Stroud , Tw itty, and How ard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1371 . Alderman McCleary moved, seconded by Alderman Sansing to AMEND Ordinance 137 1 Section One to read $73 ,000 .00 for salary and $6 ,000 .00 for a ca r allowa nce . ROLL CALL : Aldermen McC l eary , Sansing, Rinker, and Twitty voted AYE . Ray , Stroud , and Howa rd voted NAY (0). MOTION FAILED . Al derman Ray moved, seconded by Al derman Stroud to APPROVE Ordinance 137 1 on FIRST READING without an amendment. Alderman Ray stated that he feels the Ordinance as origina ll y proposed is adequate for the City of Jack sonv ille and its residents. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7 :00 P.M . - 7 :43 P .M. Alderman Twitty reiterated that the mayor 's salary should be above any other employee of the City , because of the responsibility of the Office , adding t hat the auto allowance is just part of the package. Alderman Stroud reiterated that $75,000.00 is $200.00 more mo nth ly than the highest paid employee. Discussion ensued regarding the divi sion of base salary and ca r allowan c e . ROLL CALL: Aldermen Ray, Stro ud, and Howard voted AYE. Sansing , Rinker, and Twitty voted NAY (0}. MOTION FAILED . McCleary, Alderman Sansing proposed a compromi se amendment that the total compensation package be $77 ,000.00 as a compromise between $79,000.00 and $75,000.00 . Alderman Sansing moved, seconded by Alderman Stroud to AMEND Ordinance 1 371 to reflect the compromised amendment of $77,000.00. Mayor Swaim questioned if the amounts ref le cted are a base salary of $7 1,000.00 and a car allowance of $6,000.00 . Alderman Sansing stated that it could reflect $72,000 .00 and $5,000.00 if that is the desire or any other combination. Mayor Swaim stated that the amounts need to be clearly defined. Alderman Twitty suggested that the amounts be $73,000.00 and $4 ,0 00.00. Mayor Swaim clarified that there is an option for the person if they choose to drive a City vehicle then they would not ge t a car allowance . He pointed out that how the City Council sets the car allowance i s important because the person can choose to either use their vehicle or have the City purchase a vehic l e for them to drive . Alderman Twitty suggested that the base salary be $76 ,0 00 .00 and the vehicle allowance be $1,000.00. Discussion ensued and City Attorney Bamburg clarified that the Al derman who made the motion needs to declare the amounts. Alderman Sansing amended his $76,000 .00 with a $1,000 .00 dollars . motion to say that car allowance for a Alderman Stroud withdrew his second to the motion. Alderman Ray seconded the amended motion. 9 the base total of salary is $77 ,000.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. -7 :4 3 P .M. ROLL CALL : Aldermen McCleary , Sansing, Ray, Rinker, and Tw i tty voted AYE . Stroud and Howard voted NAY (0). MOTION CARRIED . Alderman Sansing moved , seconded by Alderman McC l eary to APPROVE Ordinance 137 1 on FIRST READING with the approved amendment . ROLL CALL: Aldermen McCleary, Sansing , Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved , seconded by Alderman McC l eary to suspend the rules and place Ordinance 1 371 on SECOND READING as amended . ROLL CALL : Alde rmen McCleary , Sansing, Ray , Rinker, Stroud, Twitty, and Howard voted AY E. NAY ( 0) . MOTION CARRIED. Whereupon Cit y Attorney Bamburg read the heading o f Ordinance 1371 . Alderman St ro ud moved, seconded by Alderman McC l eary to suspend the rules and place Ordinance 1371 on THIRD and FINAL READING as amended. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinke r, Stroud , Tw itt y , and Howa rd voted AYE. NAY (0 ). MOTION CARRIED. Whereupon City Attorn ey Bamburg read the heading of Ordinance 1371 . Alderman Sansing moved, seconded by Alderman Stroud that Ordinance 1371 be APPROVED AND ADOPTED. ROLL CALL: Aldermen McCleary , Sansing, Ray , Rinke r, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1371 THIS 7 th DAY OF MAY 2009. APPOINTMENT(S): SEWER COMMISSION Alderman Stroud moved, seconded by Alderman Sansing to approve the appointment of Barbara Meyers to the Sewer Commission for a term to expire 4/20/2014. Alderman Ray stated that he does not have a nyth ing again s t Barbara Meyers, but while there is no regulation that a minority be appointed , he wo u ld have liked for Mr . Kenny McG h ee, who is a minority , to be appo i nted t o the Comm i ssion . At this time, MOTION CARRIED with Alderman Ray voting NAY . NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD Alderman Ray moved, seconded by Alderman Elliott to approve the North Pulaski Waterworks Public Facilities Board reappointments of Sharon Malnar for a term to expire 10/02/2010; Marion Lee for a term to expire 10/02/2011; Bill Driggers for a term to expire 10/02/2012, and Rick Love for a term to expire 10/02/2013 . MOTION CARRIED. PLANNING COMMISSION Alderman Ray moved, seconded by Alderman McCleary to approve the appointment of Joe Ott to the Planning Commission for a term to expire 1/01/2012. MOTION CARRIED. 10 -------- CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7 :00 P .M. -7:43 P .M. ANNOUNCEMENT(S): Main and Marshall intersection and Main and T.P . White intersection Mayor Swaim announced that the projected turn -on date for the new signalization is May 14t h for both intersections. He noted that the left turn would have a yellow arrow. Apartment property adjacent to Dupree Park Mayor Swaim i nformed the City Council that this is an unfunded pro j ect, explaining that the City has been in ongoing negotiations with several entities . He noted that at this point there has not yet been a foreclosure, so the City cannot move forward with an offer until the foreclosure is completed. He added that there are concerns for how much the property will cost . ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:43p .m . MOTION CARRIED . Respectfully, ~~ Susan . Davitt ~~y lerk-Treasurer MAYOR TOMMY SWAIM II 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 May 21, 2009 7:00p.m. Regular City Council Meeting May 7, 2009 Regular City Council Meeting April 16, 2009 Regular Monthly Report/April Fire Chief John Vanderhoof Regular Monthly Report/April 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 ORDINANCE 1372 (#15-09) Creating JMC §8 .30 regulating disposal of drill cuttings from petroleum based drilling fluids (sponsored by all Aldermen) BOARD OF ADJUSTMENT Appointment of Eric McCleary for a term to expire 2/05/2010 PARKS & RECREATION COMMISSION Appointment of John Toombs, Jr. for a term to expire 5/09/2014 City Hall will be closed May 25, 2009 in observance of Memorial Day CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21 , 2009 7 :00 P.M. -7:28 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonvi l le, Arkansas met in Regular Session on May 21, 2009 at the regular meeting place of the Council. Alderman Ray delivered the i nvocation 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, Twitty, and Howard answe red roll call . Mayor Swaim also answered ROLL CALL declaring a quorum . PRESENT NINE (9), ABSENT (1). Alderman Stroud was absent . Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Human Resour c e Director Jill Ross, Police Chief Gary Sipes, CDBG Director Theresa Watson, Mrs. Beverly Elliott, Mrs . Glenda Fletcher, Mr . Mike Wilson, Mr . Larry Smith, Chamber of Commerce CEO Amy Mattison, intere sted citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of May 7 , 2009 f or approval and/or scheduled City Council meeting . APPROVAL AND/OR CORRE CTION OF MINUTES : the regular Ci ty Counc il meeting of correction at the next r egularly Alderman Smith moved , seconded by Alderman Ray that the minutes of the Regular City Council meeting of 16 April 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for April 2009 from the Jacksonville Fire De partment , which re flects a fire loss of $0 .00 and a savings total of $0 .00 . REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman El liott moved, seconded by Alderman Ray to approve the Regular Monthly Report f or April 2009 regarding 2009/2008 yearly crime statist i cal comparisons. Police Chief Sipes informed the City Council that for the first time in a long time the Police Department is about to be fully staffed. He stat ed that this comes at a good time with the beginning of summer, saying that it will be good to have additional officers on the streets . He related that currently there are four officers at the Academy and seven that are riding with senior officers, two of which are certified off i cers . He stated that the thre e new officers will be on board within the next three weeks. He credited the Human Resource Department as being inst rumental in providing testing for emergency hiring . He then offered that the Police Department has a new cadet starting in the cadet program Tuesday . 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21 , 2009 7 :00 P .M. -7:28 P.M. In response to a question posed by Mayor Swaim, Chief Sipes related that the court room security laws will be corning into effect soon, explaining that the Police Department will have to appoint two officers that will work in Courts during the day and when court i s not in sess ion those officers will serve warrants. He related that the Police Department has also appl ie d for t h ree additional officers through the COP Grant . He stated that he received a confirmation that the grant request had been received, and i t was related that there has been over 8 .3 billion dollars of requests made and there is only 1 billion available for award . He explained to the City Council that the Police Department is looking at the possib i lity of changing to 12-hour shifts . He stated that it would be a 14-day pay period with 8-hour shifts on Sunday at the end of the pay period to cover that 24 -hour period . He stated that this would end the possibility of automatic overtime. He stated that it was put to a vote among the officers with majority ruling that they would be in favor of the 12 -hour shifts . He added that there were some that were opposed, so it will be conducted on a trial basis and revisited in January . He stated that he believes the 12-hour shifts will be beneficial not only for retention because of the three day weekend every other week, but it wil l also put more officers on the street at any given time, wh ich is good for the citizens. In response to a question posed by Alderman McCleary, Chief Sipes stated that the bicycle patrol may be starting earlier than last year . ROLL CALL : Aldermen : Elliott, Smith , Fletcher , Twitty , and Howard voted AYE. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION: GENERAL: ORDINANCE 1372 (#15-09) McCleary , Sansing, MOTION CARRIED . Ray , Rinker , AN ORDINANCE TO CREATE JMC §8. 30 TO REGULATE THE DISPOSAL OF DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE PETROLEUM BASED DRILLING FLUIDS ; DECLARING AN EMERGENCY; AND, FOR ALL OTHER PURPOSES . Mayor Swaim presented an e mail ed letter from Waste Management for review . Alderman Smith moved, seconded by Alderman Howard to place Ordinance 1 372 on FIRST READING. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7 :00 P .M. - 7 :28 P.M. City Attorney Bamburg stated that Ordinance 1372 is closely based on the ordinance recently passed by the Little Rock Board , adding that Li t tle Rock re ce ived a challenge on that ordinance fr om the landfill owners. He explained that the owners have requested and the court denied a preliminary injunct i on. He stated that they are i n the process to accelerate litigation and it is anticipated that the t rial will be in June. He stated that the attorney's office has perfo r med an extensive research and feels comfortable with what they adopted . He related that he feels very confident that the provisions required in Ordinance 1372 a r e something the City Council has authority to enact. He added that if the City Council would wish to allow f o r additional public cormnent they could pass the ordinance on first reading and hold t h e ordinance to another meeting. He answered that the letter from Was t e Management would be one factor to allow for additional public comment. Mayor Swaim explained that he had a conversat i on with Mr. Wheatley from Waste Management on or around April 26th concerning questions from citizens regarding the use of shale in the landf il l. He related that Mr. Wheatley sent him a copy of the ADEQ regulations, adding that he then contacted ADEQ and was informed that as long as the shale was being used as waste and not ground cover it i s appropriate . He read from Mr . Wheatley 's letter "Understanding the potential public percepti on, Waste Management's Two Pine Landfill voluntarily discontinued taking this material o n April 29 , 2009". He stated that this is not an e mergency , n ot ing that the Landfi l l is not accepting this materia l at thi s time . City Attorney Bamburg clari f ied that Little Roc k's big concern and why they acted in such a quick manner was because their l andfill owner was not dispos i ng of t he shale waste in the proper manner . He explained that it was being d i sposed of i n a different manner than what is allowed under the State regulations. He stated that Waste Management has taken this waste over a period of time, but has always disposed of it i n the proper manner, contained and covered appropriately with requi r ed mater i als . He added tha t there has been no statement or indications that Waste Management has d one anything other than comply with a l l rules and regulations . He pointed out that as a Class I landf ill they a r e authorized to take this waste, but have chosen by the statement in this letter not to do so. He stated that this is Waste Manageme n t 's decision as a corporate c i tizen and they should be applauded for doing so . Mayor Swaim related that his stat ements are to reassure citizens that there is not a hazardous situation, adding that he spoke to ADEQ explaining that the leach 8 that comes from the landfill is pumped up and then it is taken by truck to the Waste water Treatment Plant and planted . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing , Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1372 . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7:00 P.M . -7:28 P .M. Alderman Ray moved, seconded by Al derman McCleary to APPROVE Ordinance 1372 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1372 on SECOND READING. ROLL CALL : Aldermen Elliott , Smith , McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1372. Alderman Fletcher moved, seconded by Alderman Ray to APPROVE 1372 on SECOND READING . ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Tw itty, and Howard voted AYE. MOTION CARRIED. Ordinance McCleary, NAY (0). It was the cons ensus of the City Council to hold thi rd reading until the next regularly scheduled City Council meeting and allow two weeks for public input . APPOINTMENT (S): BOARD OF ADJUSTMENT Alderman Smith moved, seconded by Alderman Howard to approve the appointment of Eric McCleary to the Board of Adjustment for a term to expire 2/05/2010. MOTION CARRIED with Alderman McCleary abstaining . PARKS AND RECREATION COMMISSION Alderman Ray moved, seconded by Alderman Smith to approve the appointment of John Toombs , Jr . for a term to expire 5/09/2014. MOTION CARRIED . ANNOUNCEMENT ( S) : City Hall will be closed May 25 , 2009 in observance of Memorial Day . Alderman Ray announced that Kris Allen won on American Idol last night, adding that Kris Allen was born in Jacksonville. He asked that the City Council suspend the rules and p lace discussion for proclaiming a "Kris Allen Day" in Jacksonville , on the agenda . Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place the item on the agenda . MOTION CARRIED. Alderman Ray moved , seconded by Alderman Rinker to proclaim a "Kris Allen Day" in Jacksonville. Chamber of Comme rce CEO Amy Mattison related conversations with members of the family , who are in support of having a "Kris Allen Day" in Jacksonville . She r elated plans to have a sign dedication off Hwy. 67/167 . She then e xp lained that Kris' mother is forwardi n g information to Mary Twitty regarding his July 25 th tour and Kris ' availability to come to Jacksonvil l e on that day for a sign dedication. She stated that there has been a lot of support for the proclamation and dedication. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 21, 2009 7 :00 P .M. - 7 :28 P.M. Alderman Smith offered to help coordinate events, relating that he knows Kris' family, noting that he and his wife attended Kris ' wedding last year. It was the con sensus of City Council t o have Mary Twitty , Amy Matt i son and Alderman Smith coordinate. City Attorney Bamburg clari fied that the wording of the motion would a l low for the date to be left open until it can be verified when Kris wi l l be avai l able. Alderman Ray suggested t hat t he A&P Commission fund purchase of the sign for dedication. Di s cussion ensued regarding Kr is ' schedule and confirmation for availability before committing to the purchase of a sign . At this time , MOTION CARRIED . Alderman Fletcher went on record to thank Mayor Swa i m for h i s l eade r sh i p, the Hospital Board , and the doctors; explaining that he feels he was a t tributed far too much credi t regardi ng t h e Hospital resolution . He credited the Hospital Board and the doctors, saying that they are t h e rea l heroes . He stated that there are a lot of good people i n Jacksonville who vo l unteer their time on various boards and comm i ssions ; sayi ng that nothing is accomplished alone in this City , we all work together and we always have. He noted t h at sometimes t h e work behi nd t h e scenes is not always apparent . He thanked Mayor Swaim again fo r hi s contribu tions , and expressed his apprec i ation. ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 7:28p.m. MOTION CARRIED . Respectfully, MAYOR TOMMY SWAIM erk-Treasurer 5 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting 1. OPENING PRAYER: June 4 , 2009 7:00p.m. 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: ADDITION TO AGENDA: ,...._ 15. APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT a. b. Regular City Council Meeting May 21 , 2009 Regular City Council Meeting May 7, 2009 Regular Monthly Report/May City Planner McCulley Regular Monthly Report/May Public Works Director Jim Oakley Request to accept bid : 2009 Asphalt Overlay Program (Mayor Swaim) ORDINANCE 1373 (#16-09) Reclassifying property 1409 North James Street (Odell Residential Development) (Mayor Swaim) ORDINANCE 1372 (#15-09) Creating JMC §8 .30 regulating disposal of drill cuttings from petroleum based drilling fluids (sponsored by all Aldermen) UPDATE: Condemnation & maintenance policies report by City Planner McCu ll ey (Mayor Swaim) Engineering funding for Oneida Bridge, Emma Street and West Ma in Projects WATER COMMISSION Appointment of Dr. James Bolden for a term to expire 4/20/2017 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M . -8:00 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 4, 2009 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 f lag . ROLL CALL : Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard answered roll cal l . Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Alderman McCleary arrived at approximately 7:03p.m. Others present for the meeting were : City Attorney Robert Bamburg , De puty City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley, City Planner Chip McCulley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Er ke l, Fire Chief John Vanderhoof, CDBG Director Theresa Watson, Inter im Parks and Recreation Director Kristen Griggs, Mrs. Judy Swaim, Mrs . Pat Bond, Mrs. Glenda Fletcher, Mrs. Helen Stroud, Mr. Terry Lynn Sansing, Mr . Murice Green, Mr. Tommy Bond, Mayor James Reid, Mr . Mike Wilson, Mr . Larry Smith, interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Swaim presented the minutes of May 21, 2009 for approval and/or scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES : the regular City Counci l meeting of correction at t he next regularly Alderman Elliott moved, seconded by Alderman Ray that the minutes of the Regular City Council meeting of 7 May 2009 be APPROVED . MOTION CARRIED . Following a brief discussion regarding a scheduling conflict with the Arkansas Municipal League Spring Conference and the reg ularly scheduled City Counci l meeting of June 18th the following motion was made. Alderman Elliott moved , seconded by Alderman Ray that the regularly scheduled City Council meeting of June 18th be moved to June 24t h at the regularly scheduled time. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for May 2009 . Said report ref l ect s : ADOPTION/FINES: $2,592.00 CONTRIBUTIONS : $ 200.00 TOTAL: $2,792.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Smith to approve the Regular Monthly Report for May 2009. Said report reflects : 1 PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters 22 8 282 Property Mowed 17 Trash Letters 6 Tr ash Removal 0 Property Maint . Letters 3 1 Cos t $ 665 .58 CITATIONS Debris & open storage Property maintenance 1 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. -8:00 P .M. INSPECTIONS PREFORMED Building I nspections Electrical P lumb i ng HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS S t ructural Ma int . Letter Structural repairs made Demolitions WARRANTS Arrest Search 37 35 28 1 8 9 2 0 0 0 0 0 ROLL CALL : Aldermen: Elliott, Smith, McCleary, Fletcher, Stroud, Twitty, and Howard voted AYE. Sansing, Ray, MOTION CARRIED. Rinker, WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT : Request to Accept Bid 2009 Asphalt Overlay Program Mayor Swaim rem i nded t h e significantly higher last asphalt program for 2008 . City Council t h at because gas p r ices year , the City Council opted to sk i p He noted that the bid is doub l e for 2009. were t h e It was noted that by waiting a yea r on the over l ay program the City saved approx i mately 33% in costs , Public Works Director Jim Oakley re l ated that asphalt is $58 .00 per ton compared to approximately $100.00 per ton last yea r. Alderman Elliott moved, seconded by Alderman McCleary to accept the low bid from Cranford Construction in the amount of $417 ,592.49 with funds to be drawn from budgeted Street Funds . MOTION CARRIED . SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1373 (#16-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION : 1409 NORTH JAMES); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4 , 2009 7 :00 P .M. -8:00 P .M. City Planner Chip McCulley noted that this is a request to rezone approximately 0.86 acres from R-0 to R-1 . He exp l ained that t he property would consist of four ( 4) lots . He informed the City Council that the sketch plat was approved and the r e zoning was recommended by the Planning Commission. He then answered Mayor Swaim that the property i s located directly sout h of the Second Baptist Church on James Street . Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1373 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, San s ing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1373 . Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1373 on FIRST READING. ROLL CALL: Aldermen El liott, Smith, McCleary , Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Fletcher moved , seconded by Alderman Stroud to suspend the rules and place Ordinance 1373 on SECOND READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing , Ray, Rinker, Fletcher , Stroud, Twi t ty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1373 . Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 137 3 on THIRD AND FINAL READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray , Rinker, Fletcher, Stroud, Tw i tty , and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray tha t Ordinance 1373 be APPROVED AND ADOPTED. ROLL CALL : Al dermen Elliott, Smith, McCleary, Sansing , Ray , Rinker , Fletcher, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1373 THIS 4 th DAY OF JUNE 2009. GENERAL : a. ORDINANCE 1372 (#15-09) AN ORDINANCE TO CREATE JMC §8 . 30 TO REGULATE THE DISPOSAL OF DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE PETROLEUM BASED DRILLING FLUIDS ; AND FOR OTHER PURPOSES . Mayor Swaim informed the City Council that the Solid Waste District has an i tern on the agenda to prohibit the bringing of drill cuttings into Pulaski County landfills . He noted that the ordinance is up for third r eading . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7 :00 P .M. -8 :00 P .M. Alderman Fletcher moved, seconded by Alderman Stroud to suspend t h e rules and place Ordinance 1372 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 1372. Alderman Fletcher moved , seconded by Alderman Stroud that Ordinance 1 37 2 be APPROVED AND ADOPTED. ROLL CALL : Al derme n Elliott , Smith, McCleary, Sansing , Ray, Rinker , Fletcher, Stroud , Twitty, and Howard voted AY E. NAY (0). MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBER 1372 THIS 4 th DAY OF JUNE 2009 . b . UPDATE Condemnation & Maintenance Policies Report by City Planner Chip McCulley City Planner Ch ip McCull ey explained that the projects were prioritized into four categor ie s . He stated that p riority one con s i s ted of houses that were e ither condemned in 2008 or o n the condemnation list for 2009 . He related that priority two were h eavy mainten ance r e quired p r operties , p riority three is light maintenan ce that is handled by the Code Enforcement office rs on a daily basis and priority four , which are tho se houses that are vacant and h ave been abandoned for some time . He reviewed maps of the Sunnyside area , point ing out that t hi s year there are 14 properties on the condemnation l ist. He related that since 2004 there have been 25 properties condemned in Sunnyside at a cost to the City of $121, 04 5 . 00. He demonstrated on a map the p roperties t h at we r e turned over to the City , t h e vacant and abandoned properties . He no ted that some of the houses h ave been vacant for as long as 12 to 14 years. He noted that the second round of letters for houses condemned are set to be mai l ed this Mon d ay , adding that Code Enforcement has looked at a ll the remaining propert i es to begin t h e process of bringing them into compliance . He stated that since the project kic ke d off in ea rly spring , the Code Enforcement staff has sent hundreds of letters a n d has seen a 67% compliance rate . He offere d the Ci ty Council photographs of properties that have bee n brought in to compliance. He explained that while much progress has b een made , Code Enforcement h as not addressed the vacant p r operties yet . He explained that if a h ouse is vacant or deemed abandoned for a period of 6 months it i s d eemed unsightly , unsanitary , and can be forced into compliance . He stated t h a t the n e xt step wou l d be to not ify the owners of these 50 plus properties in question . Alde rman F l etch e r voiced con cern for a property that had shutters that were made from MDF board, explaining t h at becaus e of the material in 6 months the property woul d b egin t o deteriorate . He asked that Code Enforcement pay particular attention to f u rther details . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4 , 2009 7:00 P .M. -8 :00 P .M. In response to a question from Alderman Stroud, City Planner McCulley concurred that when the project began there were 102 properties, noting that 100% o f priority one has been worked, adding that priority two requiring heavy maintenance is the category that has produced the most results . He explained that priority two was addressed prior to beginning the process of addressing the vacant houses . He stated that they are satisfied with the current progress and are now able to take on the larger project of vacant houses. Alderman Stroud commen ded the amount of progress in the area, noting that the project would be revisited in approximately 90-days. Discussion ensued regarding several r ehab i litated houses identified by paint color as being the same contractor that has unfortunately fallen into bad health. City Planner McCulley related that the contractor has purchased several of the properties that were on the condemnation list , adding that the contracto r's wife i s currently wor k ing the project and is changing the color scheme on future rehabs . Discussion then turned to a relationship between vacant properties and crime . Chief Sipes noted that t here have been successful Pol i ce operations in the area, including search warrants with a number of arrests. Mayor Swaim explained that the City has annually budgeted 20 to 30 thousand dol l ars for condemnations in the area, adding that a few years ago the City started a State pilot program through ADFA , building 5 n ew homes in Sunnyside . He related that the probl em was that it was cost prohibitive to build a new h ome in that area, adding that the City had to offer lease purchase agreements to attract buyers. He commended Director of Administration Jay Wh i sker in working closely with the Land Commissioners office, which netted 14 new lots to the City of Jacksonville . He stated that if the City acqu ires enough lots to build two or three houses in a row, it might be a more feasible endeavor. He related that there has been a long standing battle in the area , explaining that originally the houses were constructed as temporary h ousing for the Ordinance Plant workers , adding that those houses were n ever intended to last almost 60 years . He explained t hat originally the houses were duplexes that were split and put on separate lots. He noted that fortunately it has provided housing for residents of Jacksonvill e for a long time . RFQs regarding City engineering projects Mayor Swaim related that RFQs regarding engineering projects to compete for stimulus monies have been completed and returned , adding that he would request that the City Council allow discussion . Alderman Smith moved seconded by Alderman Stroud to s uspend the rules and place the item of RFQs on the City Council agenda . MOTION CARRIED . 5 --- CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4 , 2009 7:00 P.M. -8:00 P .M. Mayor Swaim stated that previously the City Council had instructed that the City have RFQs completed in order to be ready to compete for stimulus funds, explaining that the Oneida Bridge Project is a joint e ffort wi th Pulaski County . He explained that the Oneida Bridge RFQ, Emma Street extension RFQ, and the West Main Street RFQ were not included i n the budget, adding that the proposal is to perform the engineering so that they would be ready for any st imulus funds tha t might become ava ilable. In response to a question from Al derman Stroud, Mayor Swaim stated tha t the next step wou l d be to fund the RFQs, regarding engineering companie s that have been approved through the RFQ process and t hen have the enginee ring work performed . He t h en answered that each pro ject was bid and the Oneida Br idge e ngineering costs i s $196,335 .00, Emma Street extension is $53,000 .00 and West Main is $96,000 .00. He related that those were the first thre e projects tha t the City Council ins tructed that RFQs be obtained on. He stated that funds are availabl e at thi s time . He then answered that he is not aware of an y reimbursements regarding stimulus funding for engineering cos ts. He stated that ''shovel ready" projects were stipulated for st i mulus funding . Alderman Howard moved, seconded by Alderman Stroud to approve $345,335 .00 to perform engineering work to make these projects available for grant funding , with funds to be drawn from the Capitol Improvement Fund. Mayor Swaim not ed that funds would be drawn from funds that had been se t aside for the annexation of Grave l Ridge . He then answered that there is one million dollars in the fund . At this time, MOTION CARRIED . FARMER I s MARKET Mayor Swaim stated that the one of the two additional projects for discussion is the farmer 's market, relating that design and engineering costs came in at $12, 000 . 00. He sta t ed that those funds have already been set aside , exp la ining that the funding came from extra turnbac k funds from the last General Sess i on . Alderman Stroud moved, seconded by Alderman Smith to fund the engineering costs for the farmer's market. MOTION CARRIED. ADDITION TO THE 911 BUILDING Mayor Swaim related that the oth er p r oject is a n addi t ion t o the 911 building, adding that $400,000.00 was budgeted for that p roject . He stated that architect costs are $54,680.00. Alderman Smith moved, seconded by Alderman Howard to approved expenditure of funding for the addition to the 911 building . MOTION CARRIED. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4 , 2009 7:00 P.M. -8:00 P.M. Status of the apartments adjacent to Dupree Park Mayor Swaim related that City Attorney Bamburg has had discussion with the owners , but since the last meeting there has not been further communication . He exp l ained that they were going to get back in touch with the City when they were ready to make a proposal . City Attorney Bamburg related tha t the appropriate foreclosure sale is being scheduled, which will probably run into the July time f rame . He stated that once the foreclosure is complete , the City would have an opportunity to negotiate with Fannie Mae. He related that the search for funding continues, adding that the difficu l ty will be timing and qualifying under requirements . He then noted that unfortunately regarding stimulus funding , the City cannot be reimbursed for funds already spent. He concluded saying that negotiation s are still ongoing, but the legal process has to flow through. Mayor Swaim noted that because of the economy, sales tax funds have come in lower than last year. He pointed out that Jacksonville is holding up better than most , adding t hat North Little Rock seems to be suffering the most in Pulaski County . He stated that in speaking with the North Little Rock mayor he learned that the Department heads are being asked to cut at l east 5% of their existing budgets . He r ela t e d that the City o f Jack sonville still has its Fund Ba l ance , and we did not budget excessively in sales tax , so the City o f Jacksonville can meet its goal in sales tax. He stated that funding is strong and the Fund Balance is app r oximately 3 million dollars present l y , plus the Capitol Improvement Fund . He noted that not all capital improvement projects have to be funded this year , but the ones that are funded are listed to show funds are ava ilable . He stated that compared to most cities in the State , Jacksonville is doing exceptionally well r ega r ding income . APPOINTMENT(S): JAC KSONVILLE WATER COMMISSION Alderman Smith move d, seconded by Alderman McCleary to approve the appointment of Dr . J ames Bolden to the Jacksonville Water Commission for a term to expire 4/20/2017 . MOTION CARRIED . ANNOUNCEMENT ( S} : Mayor Swaim comme n ded Aldermen Elliott and Fletcher as cand idates for the Mayor's election, congratula ting Alderman Fletcher for his win . 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7 :00 P.M. -8:00 P.M . ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at approximately 8 :00 p.m . MOTION CARRIED . Respectfully, MAYOR TOMMY SWAIM 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: Police Department: 6 . WATER DEPARTMENT: Regular City Council Meeting June 24 , 2009 7:00 p .m . Regular City Council Meeting June 4, 2009 Regular City Council Meeting May 21 , 2009 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 a . FINAL PLAT: Odell Residential Development (Mayor Swaim) (plat included in packet) DISCUSSION : Reed's Bridge Battlefield Property Purchase (Alderman Fletcher) b . Amending the 2009 Budget (Alderman Stroud) c . RESOLUTION 628 (#7 -2009) Expressing appreciation and gratitude for over twenty- five years of dedicated service and leadership of the Honorable Tommy Swaim and Mrs. Judy Swaim to the City of Jacksonville . Declaring June 30 , 2009, as Tommy & Judy Swaim Day. (sponsored by all Aldermen) RESIDENTIAL HOUSING FACILITIES BOARD: Appointment of Paul Payne to Serve a term to expire 10/24/2012 CITY OF JAC KSONVILLE REGULAR CITY COUNCIL MEETING JUNE 24, 2009 7 :00 P .M. - 7 :29 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Counci l of the City of Jacksonvil le , Arkansas met in Regular Session on June 24 , 2009 at the regular meeting place of the Co unci l . Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the "Pledge of Allegiance" to the f l ag. ROLL CALL : Aldermen : Elliott, Sm ith, McCleary, Sansing, Ray, Rinker , Fletcher, Stroud , Twitty, and Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring 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, Public Works Director Jim Oakley, City Planner Chip McCulley, Human Resource Director Jill Ross, Police Chief Gary Sipes, F inance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel , Fire Chief Jo hn Vanderhoof, CDBG Director Theresa Watson, Interim Parks and Recreation Director Kristen Griggs , Mrs. Judy Swaim, Mrs . Edith Smith, Mrs. Glenda Fletcher, Mr. J i m Durham, Mr . Larry Dupree , Mr . Mike Wilson , Mr . Larry Smith, Mr. Tommy Dupree, Mr. John Ferrell, interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayo r Swaim presented the minutes of June 4 , 2009 for approval and/or scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES : the regular City Council meeting of correction at the next regu larly Alderman Smith moved , seconded by Alderman Howard that the minutes of the Regular City Council meeting of 21 May 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT /POLICE DEPARTMENT Alderman Elliott moved , seconded by Alderman Ray to approve the Regular Monthly Report for May 2009 regarding 2009/2008 yearly crime statistical comparisons. ROLL CALL : Aldermen : Elliott, Smith , McCleary 1 Sansing , Ray 1 Rinker, Fletcher, Stroud, Twitty , and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION : PLANNING COMMISSION : FINAL PLAT Odell Residential Development City Planner Chip McCulley related that the development will create four residential lots off James Street, noting that the property was rezoned t o R-1 . He added that the Planning Commission unanimously approved the plat as presented. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 24 , 2009 7 :0 0 P .M. -7:29 P .M. Alderman Smith moved, seconded by Alderman Sansing to approve the Final Plat of the Odell Residential Development. MOTION CARRIED . GENERAL: a. DISCUSSION Reed's Bridge Battlefield property purchase Sponsor Alderman/Mayor Elect Fletcher opened t he floor for Mr. Tommy Dupree to address the City Council . Mr. Dupree related that since there had been no response to purchasing the property and tearing down the rock house, he is returning to City Council with the proposition of purchasing the property and restoring the house. He expla i ned that he and Chief John Vanderhoof found the house to be solid, adding that it was suggested that the house be made i nto a tourist information center. He presented the City Council with a list of area activities, noting that the canoe and boating ramp h as been completed. He reiterated that the rock house cou l d be developed as an interpretive cente r that would address the area hi s tory. He cited the interpretive interest such as the Gray family settlement, Indian removal, Trail of Tears, and the Battle of Reed's Bridge. He the n pointed out the recreational activities as hiking, biking, canoeing, and boating. He stated that this would offer a sign-in opportunity and provide area events information and general informatio n regarding area historical sites. He related that Mayor Swaim had contacted the owner and negotiated a price of $42,000 for the p r operty, adding that improvements to the house are projected to be approximately $40,000 to $45,000 . He explained that it would basically consist of removing the inside partitions, making two bathrooms, and provide an office space. He stated that if the City Council concedes to purchase the property, the roof on the house would need to be fixed f irst. He related plans to remove the added on portion of the house and removing the garage, noting that the garage has rock that can be used in other places. He then noted that t he small house to the rear of the property would remain and could possibly be used for arts and crafts . He stated that the property is in the process of being cleaned up . In response to a question from Alderman Smith, Mr . Dupree clarified that he is asking the City Council for $42,000 to p ur chase the property . He added that if the City Council is willing to purchase the property, the Society will obtain repair costs estimates and work to obtain those funds to do the repairs. He related that the house needs a roof so including costs to get the house in the dry; he projected costs of another $5,000. Alderman Sansing referred to recent photographs of the h ome, saying tha t i t appears to be in worse condition t han described . He stated that the City has funded almost every reques t that the Reed 's Bridge Society has brought before the City Council. He added t hat the City Council has been very generous in supporting this i ssue because of the value to t he parks and tourism . He pointed out that in the pas t revenues and economic 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 24 , 2009 7 :00 P .M. - 7 :29 P .M. issues were not the concern that it is today. He stated that this particular issue for f unding has been before the City Council four times and the City Council has stated t hat the most it was willing to agree to was the original estimated price of $33, 000 . He pointed out that the request for $42,0 0 0 is not even close to the $3 3,000 agreed to by the City Council . He commented that from the photographs it seems it will take quite a bit of additional funding to bring this structure up to where it needs to be. He stated that the City has helped the Society with $215,000 over the last ten years . He noted that while the Society has done a good job of obtaining funds from other entities, there is a point , especially in down economic times, where taxpayer mo n ies are better used for meeting citizen needs. He stated that he is not able to support this request. Mr . Dupree stated that the City has a tourist industry that can be developed , explaining this to be his main interest. He related that both he and Chief John Vander h oof can attest to the structure being good and solid, adding that he has a masonry contractor that has submitted a price of $2 ,500 to relay the rock that needs to be repaired and to "point-up" wha t is existing. He stated that the house has good hardwood floors, the trusses, rafters, and floor joists are all solid. He stated that it wou l d n o t take a lot to fix the house, adding that with hard economic times this would be the only way to have a tourist/interpretive center on that sit e . He stated that it would cost significantly more to build something new, adding that he believes a center would make the development of the area go faster. Alderman Stroud commented on the house having termites , Chief John Vanderhoof stat ed that he did not see any termite damage and Mr. Dupree stated that there could not be termite damage wi t h Cypress wood. Alderman Stroud asked Mr . Dup r ee to visit the sit e with him so he could point out a few i terns . He stated that if Mr . Dupree had est i mates regarding the repairs, he feels that the City Council would be more receptive. Mr . Dupree noted that he already has the material to address any framing issues. He then answered Alderman Stroud that a lot of the project wou l d be self-help . He stated that he has Cypress mate r i a l from other structures that were demolished along with some new Cypress material . Alderman McCleary q u estioned if the inability to obtain this property halts their efforts to continue tourism efforts, commenting that he had visited the property several times over t he last few months wi thout a visible difference. He concurred with Alderman Sansing that the City Council is responsible for making good decisions with the citizens ' money. He added that this is a lot of money for t his pro perty . Mr. Dup r ee stated that other structures on the site have been demolished that were not suitable and this one is, adding that for a sma l l amount of 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 24, 2009 7 :00 P .M. -7:29 P.M. money to get into something, this house is workable. He stated that if you view the inside of the house, you would be able to discern what I am t al king about . He reiterated that he was surprised but the structure i s solid. Alderman Elliott questioned if the p roject would qualify for grants from the Preservation Society, noting that he believes there is also funding available for p r eservation grants in the stimulus package. Mr. Dupree noted the difficulty with being able to acquire land t hrough grant funding, adding that it is easier to get funding for repairs and remodeling. Mayor Swaim questioned and the City Council was not forthcoming with a motion, the next item was introduced . Alderman Elliott r e i terated his suggestion to investigate restoration grant funding . b. Amending the 2009 budget Alderman Stroud stated that the action wil l not be to amend the budget but to rec l assify funds regarding personnel slots , explaining that Mayor Swaim had put $100,000 in the budget for a position regard ing an economic development person. He offered that the position of Ci t y Engineer be reauthor i zed and filled by Jay Whisker , noting that Jim Durham would be coming on as the Director of Administ r ation and Chip McCulley would remain as City Planner. He noted that Jay Whi sker would also hav e additional duties aside from City Engineer. Alderman Stroud moved, seconded by Alderman Sansing to reauthorize the position of City Engineer with salary for Director of Administration to be set at $73,500 and the City Engineer would be $72,765 and the City Planner at $63,000. MOTION CARRIED. c. RESOLUTION 628 (#7-2009) A RESOLUTION EXPRESSING APPRECIATION AND GRATITUDE FOR OVER TWENTY-FIVE (25) YEARS OF DEDICATED SERVICE AND LEADERSHIP OF THE HONORABLE TOMMY SWAIM AND MRS. JUDY SWAIM TO THE CITY OF JACKSONVILLE ; DECLARING JUNE 30, 2009, AS TOMMY & JUDY SWAIM DAY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 628 (#7-2009). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 628 (#7-2009) . Alderman Ray moved, seconded by Alderman McCleary to adopt Resolution 628 (#7-2009) in its entirety. MOTION CARRIED. 4 CITY OF JACKSONVILLE REGULAR CITY COUNC I L MEETING JUNE 24, 2009 7 :00 P .M. -7 :29 P .M. Alderman Stroud related that the City Council had a plaque made in honor of his service to the City, explaining that it woul d not be ready until the next City Council meeting , asking if he could return for one more City Council meeting. Mayor Swaim expressed his appreciation to the City Council, saying that he would be happy to return for the City Council meeting. APPOINTMENT(S): RESIDENTIAL HOUSING FACILITIES BOARD Alderman Elliott moved , seconded by Alderman McCleary to approve the appointment of Paul Payne to the Residential Housing Facilities Board for a term to expire 10/24/2012 . MOTION CARRIED . Alderman Ray stated that while he would not b e in town for the regularly scheduled City Council meeting he would like to take opportunity to wish Mayor Swaim and Judy many happy returns . next this Alderman Elliott congratulated Alderman Ray for being e le cted vice - president of District 2 at the Arkansas Municipal League. Mr . Mi ke Wilson compl imented the City of Jacksonville, saying that the City ha s "by far" the cleanest, most wel l maintained swirruning pools in the surrounding area. He noted the speed, at which passes for Sp l ash Zone were sold. Two weeks after passes were made available they were only 7 passes left o ut of 200 . He complimented the pool at the Corrununity Center . MAYOR SWAIM FAREWELL Mayor Swaim thanked the City him, po i nting out that whi l e for the City was always done. he has enjoyed most parts. He to have been involved with the would like to believe that the started. ANNOUNCEMENT ( S) : Council for their ef f or t s in work i ng with they have not always agreed , the business He stated that it has been a long ride and stated that it has been a great experience City for these many years, stating that he City is just a little better than when he ADJOURNMENT : Without objection, Mayor Swaim adjourned the meeting at appr oximately 7:29p .m. MOTION CARRIED. Respectfu l ly , .. MAYOR TOMMY SWAIM 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: Fire Department: 6. WATER DEPARTMENT: AGENDA Regular City Council Meeting July 2, 2009 7:00p.m . Regular City Council Meeting June 24 , 2009 (available at next meeting) Regular City Council Meeting June 4, 2009 Regular Monthly Report/May Fire Chief John Vanderhoof 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: ------10. STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION : 14 . GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: ADJOURNMENT a. RESOLUTION 629 (#8-09) Authorizing contract of obligation between Wastewater Utility and the Arkansas Department of Environmental Quality (Mayor Fletcher) b. RESOLUTION 630 (#9-09) Creating the Jacksonville Education Advisory Council (Mayor Fletcher) c . DISCUSSION: Ward 4, Position 1 Alderman vacancy (Mayor Fletcher) Jacksonville Patriotic Spectacular July 3rd at Jan Crow Stadium Jacksonville High School beginning At 7:00p.m. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2 , 2009 7 :00 P .M. - 7 :17 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of t he City of J acks onville , Arkansas met in Regular Session on July 2, 2009 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Fletc h e r led a standing audience i n the "Pledge o f Alleg i ance" to the f lag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, San sing , Rinker, Stroud , a nd Howard answered roll cal l. Mayor Fletcher a lso answered ROLL CALL declaring a q u o rum . PRESENT SEVEN (7), ABSENT (2 ). Other s present f o r the meeting we r e: Ci ty Attorney Robert Bamburg, Deputy City Clerk Lyn et t e Culpepper , Directo r o f Administration Jim Durham , City Engineer Jay Whi ske r, Public Works Director J i m Oakley, Human Resource Director Jill Ross, Police Chie f Gary Sipes, F i nance Director Paul Mush r ush , Assistant Finance Director Cheryl Erkel, Fire Chief J o hn Vanderhoof, Tommy and Judy Swaim , Mrs . Glenda Fletcher, Mrs . Mary Twitty, Mr . Mike Wilson , Mr. Tommy Dupree , Mr . Jo h n Ferrell , Mr. Curtis Green , i nterested citi zens , and members of the press . PRESENTATION OF MINUTES : Mayor Fletcher noted that the minutes from t he special set City Counci l meetin g of June 24 , 2009 would be available at t h e next regular l y scheduled City Council meeting for approval and/or co rrect i on . APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Stroud moved , seconded by Alderman McCleary that the minutes of the Regular City Council meeting of 4 June 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regul ar Monthly Report for June 2009 from the Jacksonville Fire Department, which re fle cts a fire loss of $7,70 0 and a savings total of $202,300.00. ROLL CALL : Aldermen: Elliott , Smith, McCleary, Sansing, Rinker, Stroud, and Howard voted AYE . MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMEN T : PARKS & RECREATION : PLANNING COMMISSION : GENERAL : a . RESOLUTION 629 (#8-09) A RESOLUTION AUTHORIZING THE MAYOR OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE A CONTRACT OF OBLIGATION BETWEEN THE JACKSONVILLE WASTEWATER UTILITY AND THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY , AND, FOR OTHER PURPOSES . 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7 :00 P .M. -7:17 P .M. Alderman Smith moved , seconded by Alderman Stroud that Resolution 629 (#8-09) be read. Wastewater General Manager Thea Hughes stated that this Resolut ion is being proposed in lieu of a bond, explaining that it will allow the Wastewater Utility to operate their disposal facility at the treatment plant . She stated that the Department of Environmental Quality requires them to post a contract of obligation which has to be renewed every couple of years with an increased amount, adding that it i s a requirement that it be adopted as a Resolution and passed by the City Council. At this time , MOTION CARRIED and City Attorney Bamburg read the heading of Resolution 629 (#8-09) Alderman Stroud moved , seconded by Alderman Howard to approve Resolution 629 (#8-09). MOTION CARRIED. b. RESOLUTION 630 (#9-09) A RESOLUTION FOR CREATION OF THE JACKSONVILLE EDUCATION ADVISORY COUNCIL TO ENHANCE AND EXPLORE THE EDUCATIONAL OPPORTUNITIES FOR THE CITIZENS OF JACKSONVILLE; AND, FOR OTHER PURPOSES . Mayor Fletcher stated that Resolution age nda, offering the opportunity to Education Advisory Council . 630 is broaden c. DISCUSSION Ward 4, Position 1 Alderman vacancy being p u l led representation from of the the Mayor F letcher declared the seat of Alderman Ward 4, Position 1 vacant . He related the business of City Counc i l to decide the process of how that seat will be filled. He noted that six candidates have expressed interest in being appointed to fill the vacancy. He noted that City Attorney Bamburg would not be able to attend the next r egu larly scheduled City Council meeting, adding that he feels it would be beneficial t o have legal counse l during this procedure. He noted that it would move the item of business to the first meeting in August. Alderman Stroud related tha t he did not feel the need to have legal counsel, stating that the responsibilities of the City Council are clear . Mayor Fletcher questioned , with thi s many candidates, what would be the process f or the City Council to undertake. Alderman Stroud stated that he feels Council members have had an opportunity to review the resumes, adding that he is gratified that so many people put in for the position. He stated that as for himself , he is satisfied with one individual, adding t hat he does not believe there has ever b een anyone on the City Council from the manufacturing section. He noted that the City has lost a lot of manufacturing businesses in t he last fif t een or twenty years and he would like to see that start 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2 , 2009 7 :00 P.M . - 7 :17 P.M . returning. He stated that he is not certain how much good it would be , adding that it certainly could not hurt . Alderman Stroud moved, seconded by Alderman McCleary that John Ferrell be appointed to f i ll the vacant seat of Alderman Ward 4, Position 1 . City Attorney Bamburg clarified that the motion has been seconded, taking precedent . Mayor Fletcher asked for discussion . Alderman Sansing noted that the election is quite some time away and the City does not l ike to spend unnecessary money, but added that there are six candidates and he feels with that many people seeking the position it is in the best interest of the City to let the citizens choose who is to fill the vacancy . He stated that he has never been in favor of the City Council choosing individuals for an empty seat, explaining that when he won his seat there were six indi victuals also seeking the position. He noted that a special election was not held but the seat was left vaca n t for eight months before the regular election. He stated that it is his belief that as an elected position, it should be elected by the citizens . Alderman Howard questioned if State Statutes require that the City Council make this appointment in lieu o f a citizen vote . City Attorney Bamburg concurred that the Statute provides that it is to be appointed by the City Council, although the City Council has the option, if desired, to set a special election . Alderman Sansing reminded the City Council that t hey choose to keep the seat open when there were six candidates for his seat. Alderman Smith noted that the length of vacancy was not as long as this time period would be. Alderman Sansing concurred, saying that it was only eight months, not a year and a h alf as it is now . He added that he is not proposing that the seat be kept open tha t long , only to of fer the citizens an opportun ity to choose. Alderman Elliott questioned City Attorney clarification , saying that he did not believe that for a special election. He added that whi l e he is that was addressed at the last legislative session. Bamburg regarding the statute provided not sure, he believes City Attorney Bamburg reiterated that the vacancy is to be appoint ed by the City Council which is what the statute provides, which normally leads to the City Council making the appointment, although the City Council has the authority to refer a ny question to the people . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7 :00 P .M. -7:17 P.M . Alderman Howard called for a vote on the motion . Mayor Fletcher explained that a question to the motion has been called and there is no discussion for a question on a motion. He restated the motion before City Council. Roll Call: Aldermen Elliott, Smith, McCleary, Rinker, Stroud, and Howard voted AYE . Alderman Sansing abstained. MOTION CARRIED. Mayor Fletcher announced that John Ferrell is t o fill the vacancy of Alderman Ward 4, Position 1. ADDITION TO AGENDA : FINAL PLAT Northlake Subdivision, PH XII-A City Engineer Jay Whisker presented the City Council with copies of the Final Plat as app r oved by the Planning Commission with stipulati ons . Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place the Final Plat of the Northlake Subdivision PH XII-A on the agenda . MOTION CARRIED. City Engineer Jay Whisker related that the developer has been working to satisfy t he stipu l ations set by the Planning Commission, noting that he is on l y shy a slight amount of sidewalk and the block wall where the powe r li ne s are loc a t ed. He stated that the Planning Commission Chairman will not sign the plat until those sti pulations are satisfied . In response to a question from Alderman Elliott, Whisker related that there had been a problem with the that the develope r has now finished the street. City Engineer Jay street , explaining Alderman Elliott moved , seconded by Alderman Stroud to approve the Final Plat contingent upon completion of all stipulations. MOTION CARRIED. APPOINTMENT (S) : ANNOUNCEMENT(S): Jacksonville Patriotic Spectacular July 3rd at Jan Crow Stadium , Jacksonville High School beginning at 7 :00 p.m. PRESENTATION TO FORMER MAYOR TOMMY SWAIM Former Mayor Swaim was presented with a plaqu e/clock from t he City Council honoring him for over 25 years of dedicated service to the City of Jacksonville . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2009 7:00 P.M. -7 :17 P .M. ADJOURNMENT: Without objection , Mayor Fletcher adjourned the meeting at approximately 7:29p .m. MOTION CARRIED. 5 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: Animal Control: Regular City Council Meeting July 16, 2009 7:00p.m. Regular City Council Meeting June 24 , 2009 and July 2, 2009 Engineering Department: Regular Monthly Report/June Public Works Director Jim Oakley Regular Monthly Report/June City Planner Chip McCulley Regular Monthly Report/June Fire Chief John Vanderhoof Regular Monthly Report/June Police Chief Gary Sipes 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: ADDITION TO AGENDA: a . b. ADJOURNMENT Request to Accept Bid : Digital Phone System (Mayor Fletcher) Request to Accept Bid: Police & Fire Training Facility (Mayor Fletcher) HOSPITAL BOARD: Appointment of Tommy Swaim to fill the unexpired term of Pat Griggs expiring 6/30/2011 and the reappointment of Mack McAlister for a term to expire 6/30/2014 City to receive $35,000.00 Econom ic Development Infrastructure Grant for lighting on Main Street Proposal to purchase vacant lot on Church Street For the Parks and Recreation system Purchase property for Reed's Bridge Battlefield concerning "rock" house CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7 :00 P .M. - 7 :55 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 July 2, 2009 at the regular meeting p l ace of the Council. Alderman Howard delivered the invocation and Mayor F l etcher led a standing audience in the "Pledge of Allegiance" to t h e flag . ROLL CALL : Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, S t roud, and Howard answered roll call. Al derman Ferrell was absent. Mayor Fletcher also answered ROLL CALL declaring a q u orwn . PRESENT NINE (9), ABSENT (1). Others p resent for the meeting were : City Att orney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administrat ion Jim Durham, Ci ty Engineer Jay Whisker, Nick Whisker , Public Works Director Jim Oakley, City Planner Chip McCulley , Human Resource Directo r Jil l Ross, Fire Chief John Vanderhoof , Police Chief Gary Sipes , Finance Director Paul Mushrush , Assistant Finance Director Cheryl Erkel, Accoun ts Payable Clerk Debbie Jernigan, Parks and Recreation Director Kristen Griggs, Mary Tw i tty, Mike Wilson, Tommy Dupree , Curtis Green, Otis S t ewart, Becky Brooks, interested citizens, and members of the press . PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes o f the regular City Counci l meeting of June 24, 2009 and the July 2, 2009 minu tes for approva l and/or correction at the next regularly scheduled City Council meeting . APPROVAL AND/OR CORRECTION OF MINUTES : CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for June 2009 . Said report reflects : ADOPTION/FINES : $3,435 .00 CONTRIBUTIONS: $ 60 .00 TOTAL : $3 ,495 .0 0 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, s e conded by Alderman Ray to approve t h e Regular Monthly Report for June 2009 . Said report refl ect s: PERMITS/LICENSE ISSUED Building Permits Business License 26 10 INSPECTIONS PREFORMED Bu i lding Inspections E lectrical Plumbing HVACR 4 1 5 0 39 36 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7 :00 P.M. - 7 :55 P .M. UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 229 66 45 Trash Removal 2 Property Maint . Letters 26 Cost $2,478.24 CITATIONS Debris & open storage Property maintenance 0 1 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letters Structural repairs made Demolitions WARRANTS Arrest Search ROLL CALL : Aldermen : Elliott , Smith , Stroud , Twitty, and Howard voted AYE. McCleary, Sansing, MOTION CARRIED. REGULAR MONTHLY REPORT/FIRE DEPARTMENT 24 0 24 0 0 0 2 Ray , Rinker , Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2009 from the Jacksonville Fire Department, which reflects a fire loss of $88,000 and a savings total of $134,500. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for June 2009 regarding 2009/2008 yearly crime statist i cal comparisons . Alderman Stroud noted, and Public Works Director Jim Oakley concurred that the number of Pit Bull bites has decreased significantly since the adoption of the Pit Bull Ordinance. It was noted that registered Pit Bulls would be the dogs that were in the City prior to the adoption of the ban. Alderman Stroud then confirmed with City Planner Chip McCulley that an administration fee of $30.00 is being added to repeat offenders regarding grass codes . A brief discussion ensued regarding difficulty of arrest for littering. Public Works Director Jim Oakley noted that one person was prosecuted in the past two years for littering. Alderman Stroud noted that the program to use p r isoners to pick up litter has made a significant difference. Director of Administration Jim Durham suggested increasing the fine for littering and posting signage in the City to a l ert the public of the ramifications of littering. It was noted that this approach has been successful in other areas . In response to a question from Alderman Sansing, Public Works Director Jim Oakley related that consideration to implement a shi ft change is being evaluated beginning this week . Alderman Sansing noted t hat the elementary 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7 :00 P.M . - 7 :55 P .M. schools begin before Animal Contro l starts 'iVOrk in the mo r ning and there have been reports of dog incidents around the schools. Alde rman How ard que stioned the possibi l i ty of having the insurance rat i ng lowered from a Class I II to II; Chief John Va nderhoof explained that currently the City has a Class III ISO insurance rating. He stated t hat the City has be en working hard to lower the rating with equipment a nd generators, adding that the only compo nent lacki ng at this s tage is t he proposed training ground and d ri ll tower . He re lated that with t he completion of those items, he f eels the City will be lowered to a Class II ISO r ati ng . It was n o ted that the City o f Cabot 's rating is a Class I II - VII to IX and Sherwood is a Clas s II with parts being r ated a Clas s I I-IX. In response to a questi on from Alderman McCl ear y , Chief Sipes exp l ained that juveni l es p i cked up on curfew v i olation s are taken to the Police Depa rtment and the parents are called; addi ng that the second time a juvenile is picked up the Department issues a ticket to the juvenile and the third t ime the parent r eceives the ticket requiri n g a court appea rance . ROLL CALL: Aldermen : Elliott , Smith , McCleary, Sansing, Ray, Rinker, Stroud, and Howard vo t ed AYE . MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DE PARTMENT : F IRE DEPARTMENT : POLICE DEPARTMENT: Request to accept bid f o r Digital Phone System Fi nance Director Pa~l Mushrush stated that he has reviewed the bids to ma k e certain they meet specifications ; addi ng t h a t the Po l ice Department has recommended t h e low bidder CenturyTel . Alderman Smith moved , seconded by Alderman Elliott to approve the low bid of $28 ,224.00 from Cen turyTel funded from budget ed funds . MOTION CARRIED . STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMI S SION: GENERAL : Request to accept bid for the Po l ice & Fire Training Facility Ci t y Eng i n eer J ay Whisker re l ated that fo ur million dollars had be en set aside for t h e project . He then explained that origina lly i t was assumed that the proposed classroom would not be included because of costs , but with the low bid from Kullander Construction , there will be enough funds to n ow include t h e classroom as part of the initial project . He related that part of the project that is currently underway was no t ab l e to be bid at t h i s time , which will requ ire a change orde r of approximately $300 ,000 .0 0 that wil l be b rought back t o the City Council. He clarified that there was some d i fficultly regard i ng bidding of the thermal 3 ~. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7 :00 P.M . -7 :55 P.M . linings and fire brick, which later resulted in $268,000 plus any overruns regarding the earth work. He stated that there is approximately $800,000 in the budget for the classroom and the architect is working on a design for the classroom. It was noted that the construction period wou l d be approximately ten months . Alderman Elliott moved , seconded by Alderman Stroud to accept the low bid of $2,259,000 from Kullander Construction . MOTION CARRIED. APPOINTMENT(S): HOSPITAL BOARD Alderman Smith moved, seconded by Alderman Sansing to approve the appointment of Tommy Swaim to fill the unexpired term of Pat Griggs to expire 6/30/2011 and the reappointment of Mack McAlister for a term to expire 6/30/2014. Mayor Fletcher announced that thanks to Senator John Paul Capps the City received a check in the amount of $35,000 to be used for infrastructure, adding that it is being projected for the Main Street intersection to create decorative lighting. ADDITION TO AGENDA: Proposal to purchase vacant lot on Church Street Mayor Fletcher informed the City Council that a real tor contacted the City with regard to interest in purchasing a vacant lot on Church Street that backed up to the adjacent Johnson Park . New l y promoted Parks and Recreation Director Kristen Griggs informed the City Council that if the lot is purchased they plan to clear the wooded lot to provide visibility from Church Street for greater security. She noted that the asking price is $6,000. Alderman Ray moved, seconded by Alderman Smith to suspend the rules and place the proposal to purchase a vacant lot on Church Street . MOTION CARRIED . Alderman Elliott moved, seconded by Alderman McCleary to allow the Mayor and City Clerk to negotiate purchase of the vacant lot on Church Street adjacent to Johnson Park. MOTION CARRIED. 2010 Census Di rector of Administration Jim Durham informed the City Co uncil of his current efforts regarding the 2010 Census, stressing the importance of the count, and noting that each person is equal to $1,000 per year regarding State and City funding. He related efforts to have the clubs and organizations participate in a partnership agreement with the Census . He requested assistance from members in obtaining emails to d i sseminate info rmation to the local club entities regarding generating public interest in filling out the Census forms. 4 Landlord Association CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7:00 P.M . - 7 :55 P.M. Di rector of Administration Jim Durham anno unced that a Landlord Association meeting would be held at the new library, July 30th at 1 :30 p .m. He related that the main goal is to involve landlords in helping to clean up Jacksonville. He noted that stricter legislation would be considered to help in those efforts. A brief discussion ensued and t he impo rtance of participating and being counted in the 20 1 0 Census was reiterated . Reed's Bridge Battlefi eld Society Mr . Tommy Dupree addressed the City Council explaining that since the last meet i ng when this was d iscussed , the Society has received a $10,000 donation toward the purchase of the rock house . He added that they have obtained prices regarding remodeling and refurbishment , further noting that the outside of t he property has been cleaned up. He rela ted that Mr . Dale Johnson would offer the City Coun cil information regarding prices to remodel. He then briefly described areas needing remodel and interjected the importance of this project, citing a circumstance of encountering museum visi tors who were interested in the Civil War and Sesquicentennial activities in 2011 . He noted opportunities to have fundraisers. Mr. J ohnson offered the City Council the following breakdown of costs : Painting inside $ 2,700.00 Painting outside 900.00 Replace roof 3 ,260 .00 Termite treatment 438 .70 Attic insulation 660.00 Rock wall repair 2 ,500.00 Electrical 5 ,910 .00 Plumbing to repair one bathroom & Add one bathroom 6,200 .00 Carpentry work on frame 3,200 .00 Carpentry work on trim 1,600 .00 Repair floors 1 ,750 .00 HVACR 5,250 .00 Concrete front porch 2 ,700.00 He speculated that the total costs of repairs would be approximately $37,068 .70 . He related that these are mostly solid bids, adding that the insulation contractor is Whit Davis and the termite contractor is Arkansas Exterminat ing. He continued that the electrical contractor is Tay lor Electric and the carpentry work would be in-house. He noted that a l ot of the labo r would be donated. Mr. Dupree stated that the Society is not asking for the repair monies but is requesting that the City purchase the property . 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7:00 P.M. - 7 :55 P .M. In response to a question from Alderman Smith , Mr . Dupree stated that the 2004 appraisal o f the property was $32, 000 or $33 , 000 approximately . He stated that after two additional appraisals , Mayor Swaim was able to negotiate a price of $42,000. Alderman Ray moved, seconded by Alderman Rinker to suspend the rules and place the item on the agenda. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Rinker to authorize the City to enter into a purchase agreement up to $32,000 to purchase the property for the Reed 's Bridge Battlefield Preservation Society . Alderman Sansing questioned clarification as to the financial standing regarding projections . Finance Director Paul Mushrush answered that the City is on target with the projection s of the financial statements and are on target with revenues, adding that he does n ot perceive there to be any shortages. He stated that all projections used were conservative , especially the sales taxes. He stated that the General Fund is at 54% and that is right on target for the year . He then answered that the aggregat e sales taxes for the year are down approxima t ely $150,000 but not al l of that was budgeted to keep from running into a budgetary shortfal l. He stated that monies that are unbudgeted , that comes in over what is used, goes back into projects, General Fund, etc . He then concurred that the City is in good shape financially and no funds are being taken from necessary City services to fund this request . Alderman Sansing stated that much of his previous objection to the request had been his concern for the City paying f u ll price for a piece of property that was overpriced during a difficult economic situation . He stated that the amount of donations helps to relieve those concerns . At this time, MOTION CARRIED. ANNOUNCEMENT(S): Mayor Fletcher public hearing regarding the Thursday, 6 :30 p .m . at t h e Bayou announced and encouraged attendance to a n ew school district boundaries next Meto Elementary School . Mr. Curtis Green of 43 Georgeann, presented concerns for procedures to control animals in fenced areas . He related a situation adjacent to the rear of 50 Georgeann Drive, noting that an unfriendly dog lives at the adjacent property . He stated that he has had to call An ima l Control twice , adding that his daughter who lives at 50 Georgeann is afraid of the dog. Public Works Director Jim Oakley stated that he would review the records to determi ne if the dog had been declared vicious, adding that if the dog is vicious it would have to be kept on a chai n when in the yard . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16 , 2009 7:00 P .M. - 7 :55 P.M. Mayor Fletcher noted that the fence height requirements may need to be reviewed regarding v a rious types of animals . Mr. Justin Kurtz of 504 West Martin stated that he had received a letter from the City to mow his yard, explaining that he has g i ven a section of his yard to God , to go natural. He stated that he has done this be c ause he was unable to get anything to grow in that area of h i s yard because the soil has been depleted from the former owners having grown a garden. He related that the only thing that will grow is wild flowers, explaining that he realized as he was mow i ng that he wa s mowing over bees, noting that bees are becoming extinct. He reiterated his commitment because of ecological reasons to let h i s yard go n atu ra l . He asked that the City allow him to continue, saying that he is unaware of any complaints by neighbors, adding that Code Enfo r cement was not easily able to detect the area . He offered to show City Council pictures of his yard, saying that it is not very visible from t he fron t street , adding that the rest of the yard is maintained . Alderman Ray ascertained the correct address, noting that he has friends he e x ercises with from Martin Street that constantly complain about a back yard that is never mowed . He stated that he would check to determine if in f act this is the s a me address. Mr. Kurtz stated that he felt the letter from Code Enforcement was threatening and ridiculous, and not the way to encourage people to care for their properties. He then answered that he estimates t hat the space is 10' X 30 ', adding that he maintains around the fence line . He o ffered pictures from the street view, saying that in his opinion it is not offensive to anyone . Mayor Fletcher noted ongo i ng efforts to cleanup Jacksonvil l e, and cautioned that as a City we have to be careful not to open a situat i on that deters from those effo rts . He a sked that City Pl anner Chip McCulley i nvestigate the situation and report back . Mr . Kurtz s t ated that we may have encourage beneficial animals to come some wild f lowe rs a nd clover . to allow more grass to grow to back to our properties by havi ng Mr . Tommy Dup r ee taxpayer 's money , forward with this complimented the City Council as good stewards of the thanking the City Counci l for the monies to move project for the Reed's Bridge Battlefield Soci e ty. Mr . John Wray of 1704 Troop Court voiced concerns for the cleari n g of trees adjacent to his property, which has opened the area for miscre ants to travel from General Samuels into the Base Meadows Subdivision . He added that in the process a large d r op off between properties was left . He stated t hat he would l ike t o f ind out what the Church plans and if a retaining wall can be erected to f u rther p r otect h i s propert y values. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 16, 2009 7:00 P .M. -7:55 P.M. In response to a question from Mayor Fletcher, Mr . Wray answered that he had spoken with City Planner Chip McCulley, adding that he needed to bring it to the City Council to express what he and his neighbors would like to have done. He added that he does not feel that the Ch urch took into consideration, with their expansion, how that would affect other property owners . Mayor Fletcher too k his phone number , offer ing to further investigate the situation . ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 7:55p .m. MOTION CARRIED. Respectfully, 8 City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting August 6, 2009 7:00 p.m. 1. OPENING PRAYER: 2. ROLL CALL: 3 . PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Animal Control: Engineering Department: 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8 . FI RE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12 . PARKS & REC . DEPT: 13 . PLANNING COMMISSION: 14. GENERAL: 15 . APPOINTMENTS : 15. ANNOUNCEMENTS : ADDITION TO AGENDA ADJOURNMENT a. b . a. b. Regular City Council Meeting July 16, 2009 Regular City Council Meeting June 24, and July 2, 2009 Regular Monthly Report/July Public Works Director Jim Oakley Regular Monthly Report/July City Planner Chip McCulley RESOLUTION 631 (#1 0-09) Improving Recreational Facilities ORDINANCE 1374 (#17-09) Reclassifying property located at 1100 North James Street ORDINANCE 1375 (#18-09) Reclassifying property located at 1512 Stamps Street ORDINANCE 1376 (#19-09) Amending JMC §2.84 Residential Housing Facilities Board ORDINANCE 1377 (#20-09) Condemning structures and real property at various locations JACKSONVILLE HOUSING AUTHORITY Appointment of B rian Hagewood to fill the unexpired term of Jim Durham to expire 3/17/2010 ORDINANCE 1378 (#21-09) Waiving Competitive Bidding for website enhancements CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7 :00 P .M. -8 :03 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 6, 2009 at the regular meeting place of the Council . Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Alde r men: Elliott , Smith , Howard answered rol l call. Mayor Sansing, Ray , Fletcher also ABSENT (3). Ferrel l, Stroud, and answered RO LL CALL declaring a quorum. PRESENT SEVEN (7), Others present for the meet i ng were : City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jim Durham, City Engineer Jay Whisker, Publ ic Works Director Jim Oakley, Human Resource Director Jill Ross , Systems Administrator Barbara Danie l , Police Chief Gary Sipes, Finance Director Paul Mushrush , Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, City Planner Chip McCulley , Code Enforcement Officer Marty Sanady, Glenda Fletcher, Edith Smith , Helen Stroud, Becky Brooks, Mike Wilson, Tommy Dupree, Curtis Green, interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Fletcher presented the mi nutes of the regular City Council meet i ng of July 16, 2009 for approval and/or correct ion 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 meetings of 24 June 2009 and 2 July 2009 be APPROVED. MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved , seconded by Alderman Elliott to approve the Regular Monthly Animal Control Report for July 2009. Said report reflects : ADOPTION/FINES : CONTRIBUTIONS : TOTAL : REGULAR MONTHL Y REPORT/ENGINEERING $2,235 .00 $ 150 .00 $2,385 .00 Alderman Ray moved, seconded by Alderman El liott to approve the Regular Monthly Report for July 2009 . Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License 21 6 INSPECTIONS PREFORMED Building Inspections Electrical Plumbing HVACR 1 51 59 47 43 UNSIGHTLY & UNSANITARY Grass Letters 351 Property Mowed 34 Trash Letters 35 Trash Removal 2 Property Maint . Letters 16 Cost $1,552 .56 CITATIONS Debris & open storage Property maintenance 1 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7:00 P .M. -8 :03 P.M . VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letter Structural repairs made Demolitions WARRANTS Arrest Search 19 3 0 0 0 1 0 ROLL CALL : Aldermen: Elliott , Smith , Sansing, Ray , Ferrell , Str oud , and Howard voted AYE. MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : RESOLUTION 631 (#10-09) A RESOLUTION TO HELP IMPROVE RECREATION FACILITIES FOR THE CITIZENS OF JACKSONVILLE AND TO SEEK GRANT FUNDING ASSISTANCE FOR JACKSONVILLE PARKS AND RECREATION DEPARTMENT; AND, FOR OTHER PURPOSES . Alderman Smith moved , seconded by Alderman Stroud to read Resolution 631 . Parks & Recreation Marketing & Public Relations Manager Marl o Jackson informed the City Co uncil that the Parks and Recreation Department is applying for a grant with the Arkansas Parks and Tourism , explaining that they are proposing to expand Dupree Park east of the playground area . She noted that it is a matching grant; the City would be responsible for $150,000 to rece ive a $150,000 match. She then concurred that the skate park would be moved to this area in three separate phases, including parking and walkways. She then answered that the property is adjacent to the Marshall Smith pl ayground . At this time, MOTION CARRIED . heading of Resolution 631. Whereupon City Atto rney Bamburg read the Alderman Ray moved , seconded by Alderman Smith to approve Resolution 631 in its entirety . MOTION CARRIED . PLANNING COMMISSION : a . ORDINANCE 1374 (#17-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION : 1 100 NORTH JAMES); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND, FOR OTHER PURPOSES . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7:00 P .M. -8 :03 P.M . Alderman Stroud moved , seconded by Alderman Ray to place Ordi nance 1374 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sans i ng, Ray, Ferrell , Stroud , and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1374 . Alderman Ray moved, seconded by Alderman Howard to APPROVE Ordinance 1374 on FIRST READING. ROLL CALL: Al derme n Ell iott, Smith, Sansing, Ray, Fe r rell, Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Stroud moved , secon de d by Alde r man Ray t o su s pend the rules and place Ordinance 1374 on SECOND READING. ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read t he heading of Ordinance 1374. Alderman Stroud moved, seconded by Alderman Ray to suspend the rul es and place Ordinance 1374 on THIRD AND FINAL READING . ROLL CALL: Aldermen Ell i ott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1374 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard vo t ed AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1374 THIS 6 th DAY OF JULY 2009. b. ORDINANCE 1375 (#18-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1512 STAMPS); AMENDING ORDINANCE NUMBERS 213 AND 238 , AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES . Alderman Ray moved, seconded by Alderman Elliott to place Ordinance 1375 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ferrell , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1375 . Alderman Smith moved, seconded by Alderman Ray to APPROVE Ordinance 1375 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved , seconded by Alderman Stroud to suspend the rules and place Ordinance 1375 on SECOND READING . ROLL CALL: Al dermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1375 . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2009 7 :00 P.M . -8:03 P.M. Alderman S t roud moved , seconded by Alderman Sansing to suspend t he rules and place Ordinance 1375 on THIRD AND FINAL READING . ROLL CALL: Al dermen Elliott , Smith, Sansing , Ray, Ferr el l , Stroud, and Howard vot e d AY E. NAY (0). MOTION CARRIED . Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1375 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith , Sansing, Ray, Ferrell, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1375 THIS 6 th DAY OF JULY 2009 . GENERAL : a. ORDINANCE 1376 (#19-09) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 2. 84 (RESIDENTIAL HOUSING FACILITIES BOARD) PURSUANT TO THE PROVISIONS OF THE ARKANSAS PUBLIC FACILITIES BOARDS ACT; CHANGING THE NAME OF THE BOARD TO THE CITY OF JACKSONVILLE PUBLIC FACILITIES BOARD; APPROVING ADDITIONAL STATUTORIAL AUTHORITIES AND POWERS; PRESCRIBING OTHER MATTERS PERTAINING TO THE BOARD ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher exp l ained t hat Ordi n ance 137 6 expands the scope of the Residential Housing Facil i t i es Board . He noted that the Board was o r ig i nal l y created in the late seventies, explaining that since that t i me the Legisla t ure has broadened the scope regarding the use of facilities . He stated that this is an update to the original ordinance . Alderman Smith moved, seconded by Alderma n Stroud to p l ace Ordinance 1376 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith , Sansing, Ray , Ferrell , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1376 . Alderman Ray moved, secon d e d by Alderman Sansing to APPROVE Ordinance 1376 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ferrell , Stroud, and How ard voted AYE . NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Al derman S t roud to suspend the rules and place Ordinance 1376 o n SECOND READING. Alderman Stroud voiced concerns for granting this much authority to the Board , acknowledging the purpose regarding the trans f er of monies from the A&P Commission. He questioned if the Board wo u l d hav e the a u thority to sell bonds for any purpose it might choose . City Attorney Bamburg stated that the Board would have the authority as d i rected by State statutes , which includes bonds, he then noted that any bond i ssue would have to come back before the City Counc i l . ROLL CALL: Aldermen Elliott , Howard vo t ed AYE . NAY ( 0) . Smith , Sansing , Ray, Ferre l l, Stroud, and MOTION CARRIED . Whereupon City Attorney Bamburg read the h eading of Ord i nance 1376. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6, 2009 7 :00 P .M. -8 :03 P.M . Alderman Stroud moved, seconded by Alderman Ray to suspend the r ules and place Ordinance 1 376 on THIRD AND FINAL READING . ROLL CALL : Aldermen Elliott, Smith, San sing, Ray, Ferrell , Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray that Ordinan ce 1 376 be APPROVED AND ADOPTED . ROLL CALL: Al dermen El liott, Sm i th , Sansing , Ray, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be approved and adopted . ROLL CALL : Aldermen E ll i ott , Smith , Sansing, Ray, F err ell, Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBERED 1376 THIS 6 t h DAY OF JULY 2009 . b . ORDINANCE 1377 (#20-09) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES . City Planner Chip McCulley expla ined that the proposed condemnat i ons were identified and proper procedure of notifica t ion was conducted . He related that the second letter o f notificati o n offered the owner an opportunity to bring the propert y back into compliance or t h e property would be considered for condemnat i on. He p r esented photograph i c evidence of the properties being proposed f or condemnat ion as being 9 0 0 Trickey Lane , 107 -109 Smart Street, 110 East Boulevard , 101 Pulaski Drive, 132 Central Avenue, 102 Jaxon Street , 704 Marion Street , 812 West Tr i c k ey , 1 4 4 Pike Avenue , 131 Roosevel t, 106 Jaxon Circle , 1300 Ray Road, 104 Joiner Avenue, 139 Pike , and 190 P ike Circ l e. Ald erman Howard moved, seconded by Alderman Smith to place Ordinance 13 7 7 on FIRST READING . Mr. Robert Phillips of 2 901 Hwy . 2 94 stated that he has now ga i ned control and responsibility of the property located at 900 West Trickey Lane . He explained that his mother had recently passed and he is asking for additional t i me to deal wi th the property . He stated t h at if the City Counc i l would give him unti l November, he will either have the property cleared or sold. He expla ined previous extenuating family circumstances that prevented h i m from being able to address issues with the property. He assured the City Council t h at he wou l d have t he property cleared or sold if granted additional time. He stated that the proposed buyers understand that the house will be demolished and the prope r ty cleared . He asked the Ci ty Council for a 90 -day extension. Mayor Fletcher s t ated that the City expe cts the house to be demo l ished in ninety (90) days. 5 CITY OF JACKSONVILLE REGULAR CITY COUNC I L MEETING AUGUST 6 , 2 009 7:00 P .M. -8 :03 P .M. Alderman Smith moved, seconded by Alderman Stroud to amend the Ordinance to allow a ninety (90 } day e x tension regarding the property located at 900 West Trickey . Mr . Kenneth Taylor owner of 700 & 704 Marion related that they had purchased the property at 704 Marion , which was adjacent to 700 Ma rion where they currently live . He stated that the property was purchased with t he intent to clean the property and stop ongoing il l egal drug activity at the property . He then explained that he was not able to continue his efforts in a time l y manner because of family illnesses wi th him, his mother, and the unfo rtunate death of his uncle. He stated that when he was able to r esume work on the property it was not i n time t o avoid a condemnation. He related ongo ing efforts, asking the City Council for additional time to bring the main s truct ure (the "blue" house) up t o Code . He answered that he purchased the property i n t he later part of 2004 . He then answered that he thought he could accompl i sh the demolition and cleanup in 90 days but is unsure he would be able to bring the "blue" house up to code in that time. He added that he is not exactly sure how much longer it might take, offering to turn in progress reports and have the Code Department work with him . He answered Alderman Sansing that he would make himself available to Code Enforcement Of ficers, explaining that previously he was not always available to keep appointments because he was commut ing back and forth to Texas regard i ng health issues with his uncle. He s tated tha t he is not planning to save the front structures , only the main house. He then a n swered that it would be h i s goal to have the property finished by November or December . In response to a questio n from Mayor Fletcher, Mr. Tayl or agreed tha t he could have the two front structures demolished in 60 days before beginning work on the "blue" house if granted an extension. City Planner Chip McCulley stated that he would be comfortable setting benchmarks to a l low continued progress. Alderman Ray moved, seconded by Alderman Stroud to grant a 60-day benchmark regarding demolition of the two front structures at 70 4 Marion Street . Alderman Ray moved, seconded by Alderman Sansing to amend the motion to additionally grant a total of 180 days , concurrent with the original 60 - day benchmark , for the "blue" house at 704 Marion Street to be brought fully up to Code. Mr. Brandon Taylor of 7 09 Ellis addressed the property at 144 Pike, explaining that h e has recently taken title ownersh i p o f that proper ty . He stated that the property had previously belonged to his wife 's uncle, a n d became part of other property he had accepted r esponsi bili ty for, explaining that he had overloaded himself . He stated that this is 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7 :00 P .M. -8 :03 P .M. currently the only rema i ning prop erty that he stil l has work he needs to perform. He offered before and after phot ographs of the property and house to demonstrate the progress he was able to make on the prope r ty. He t h en explained that work had stopped when he had to take o n addit i onal properties of his wi fe's grandfather and b ri ef l y ran out of money for repa i rs . He explained the scope a n d time table for the remainder of repairs . He asked t hat the City Council grant him an addi t i ona l 90-days to complete the project at 144 Pike. He rela t ed extensive e ff orts to correctly repair the flooring, exp l aining that t h e siding is the biggest issue left at this point. He stated that he feels he cou l d have the exterior completed in 90 days . Alderman Ray moved , seconded by Alderman Stroud to grant a 90-day extension regarding the property located at 144 Pike Avenue . ROLL CALL : Aldermen Elliott , Smith , Sansing , Ray , Ferrell , S t roud , and Howard voted AYE . NAY (0 ). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to grant a 60 -day benchmark regarding demolit i on o f the two fron t structures at 704 Marion Stree t. Alde r man Ray moved , seconded by Alderman Sans ing to amend the motion to addi tionally grant a total of 180 days , concurrent wi t h t he ori g i nal 60 - day benchmark , for the "blue" house at 704 Mar i on Street to be brought fu l ly up to Code . ROLL CALL for previous stated motions : Alderme n El li ott, Smith , Sansing, Ray, Ferrell, St r oud , and Howard voted AY E. NAY (0). MOTION CARRIED . Alderman Smith moved, seconded Reading to allow a ninety (90) located at 900 West Trickey. by Alderman Stroud to amend the First day extension regarding the property ROLL CALL: Aldermen E lliott , Smith, and Howard voted AYE. NAY (0). MOTION Sansing, CARRIED . Ray, Ferre l l , Stroud , ROLL CALL: Al dermen Elliott , Smith , Sansing , Ray, Ferrell , St r oud , and Howard voted AYE. NAY (0). MOTION CARRIED as amended . Whereupon City Atto r ney Bamburg read the heading of Ordinance 1377 and t he list of properties proposed for condemnation . Alderman Stroud moved , seconded by Alderman Ray to APPROVE Ordi nance 13 7 7 on FIRST READING as amended. ROLL CALL: Aldermen Elliott, Smith , Sans i ng, Ray, Ferrell , St r oud, and Howa r d voted AYE. NAY ( 0) . MOTION CARRIED . Alderman Stroud moved, seconded by Alde r man Smith to suspend the rules and place Ordi nance 1 377 on SECOND READING as amended. ROLL CALL : Aldermen Elliott, Sm i th , Sansing, Ray , Ferre ll , Stroud , and Howard voted AYE . NAY (0). MOTION CARRIED . Whe r eupon City Atto r ney Bamburg read the heading of Ordinance 1377 and the list o f properties proposed f or c o ndemnation. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2 009 7 :00 P .M. -8 :03 P .M. Alderman Smith moved, seconded by Al derman Stroud to suspend the rules and place Ordinance 1377 on THIRD AND FINAL READING as amended. ROLL CALL : Aldermen Elliott, Smith, Sansing , Ray, Ferrell , Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1377 and the list of p r opert ies proposed for condemnation . Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1377 b e APPROVED AND ADOPTED as amended . ROLL CALL : Aldermen Elliott, Smith, Sansing , Ray , Ferrel l , Stroud, and Howard voted AY E. NAY ( 0) . MOTION CARRIED . Alderman Stroud moved , seconded by Alderman Smith that the EMERGENCY CLAUSE be approved and adopted . ROLL CALL: Aldermen Elliott, Smith , Sansing, Ray, Ferrell, Stroud, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . ORDINANCE APPROVED, ADOPTED AND NUMBERED 1377 THIS 6 th DAY OF JULY 2009. APPOINTMENT(S): JACKSONVILLE HOUSING AUTHORITY Alderman Ray moved, seconded by Alderman Sansing appointment of Brian Hagewood to fill the unexpired term expire 3/17/2010 . MOTION CARRIED. ADDITION TO AGENDA : ORDINANCE 1378 (#21-09) to approve the of Jim Durham to AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE RECONFIGURATION OF THE CITY OF JACKSONVILLE 'S WEBSITE AND ENHANCEMENT OF INFORMATION AND SERVICES AVAILABLE THROUGH THE CITY 'S ONLINE WEBSITE AND SYSTEM; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES . Finance Director Paul Mus h rush addressed the City Council, explaini ng efforts to l ocate a company to design and customize a quality website for the City. He related that the company i s Vis i on Internet Providers , Inc., explaining that they are excellent government website designers. He stated that this would be the base for the website with an expandable modular content. He then answered that the maximum be i ng proposed in the Ordinance is $50,000 .00, concurring that it was b udgeted in the Capital Equipment budget. In response to a question from Alderman Ell iot t , Director Mushrush explained that there is a content management system built into the website , allowing Departments to have co ntrol of the input into the i r website pages with final approval through the IT Department . He then answered that the IT Department c an make changes and add content if additional modul es are purchase d. He s t ated that it is the int ent to expand the ability to make changes as we fine tune the website with more public input to become more functionally interactive with the public . 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7:00 P .M. -8 :03 P.M . City Attorney Bamburg stated that IT Systems Administrator Barbara Daniel was adamant in the proposal for t he City to have cont ro l of maintenance and upgrades, which also saves the City money. He stated that the proposed company is seeking a presence in Arkansas and is willing to give the City a discounted rate. He asked that the City Counci l consider suspending the rules to address the Ordinance waiving competit i ve bidding . Alderman Stroud moved, seconded by Alderman Elliott to suspend the rules and place Ordinance 1378 waiving competitive bidding on the agenda. MOTION CARRIED . Alderman Elliott moved, seconded by Alderman Smith to place Ordinance 1378 on FIRST READING. ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1378 . He added that the company named for waiving competitive bidding is Vision Internet Providers, Inc. from Santa Monica, Ca l iforn i a for the purchase of said website enhanced design services and customized computer software for a cost not to exceed Fifty-thousand ($50,000) dollars. Alderman Stroud moved, seconded by Alderman Smith t o APPROVE Ordinance 1378 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sans i ng, Ray, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Al derman Ray to suspend the rules and place Ordinance 1378 on SECOND READING . ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1378 . Alderman Smith moved, seconded by Alderman Stroud to suspend the rul es and place Ord i nance 1378 on THIRD AND FINAL READING . ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1378 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sans i ng, Ray, Ferrell, Stroud, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Ray tha t t he EMERGENCY CLAUSE be approved and adopted. ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Ferrell, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBER 1378 THIS 6th DAY OF JULY 2009. 9 ANNOUNCEMENT ( S) : CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 6 , 2009 7 :00 P .M. - 8 :03 P .M. ADJOURNMENT : Without o bjection, Mayor Fletcher adjourned the meeti ng at approximately 8:03p .m . MOTION CARRIED. Respectful l y, 10 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 Counci l Meeting August 20 , 2009 7:00 p.m . Regular City Council Meeting August 6, 2009 Regular City Council Meeting July 16, 2009 Regular Monthly Report/July Police Chief Gary Sipes Regular Monthly Report/July Fire Chief John Vanderhoof 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: ~ 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13 . PLANNING COMMISSION : 14 . GENERAL: 15. APPOINTMENTS : 16. ANNOUNCEMENTS: ADJOURNMENT a. Request to Accept Bid : Sidewalk on Loop Road Request to Accept Bid: Curb , gutter, and sidewalk on West Valentine (Mayor Fletcher) ORDINANCE 1379 (#22-09) Amending JMC §13 .10.110 Creation ofthe North Pulaski Waterworks Board (Mayor Fletcher) b. RESOLUTION 632 (#11 -09) Supporting Jacksonville Water Comm iss ion in its efforts to participate in the Mid Arkansas Water Alliance (Mayor Fletcher) c . PRESENTATION: 2008 CAFR (Mayor Fletcher) (available at meeting or on website 8/18/09) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20, 2009 7:00 P.M . -7:34 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Counci l of the City of Jacksonville , Arkansas met in Regular Session on August 20, 2009 at the regular meeting p la ce of t h e Council. Alderman Smith delivered the invocation and Troop 128 members: Kyle Jackson , Brian Stallard , Kyle Wallace l ed a standing audience i n t h e "Pledge of Allegiance" to the flag . ROLL CALL : Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Ferrell, Stroud , Twitty, and Howard answered roll call . Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE ( 9), ABSENT ( 1) . Alderman Ray was absent. Others present for the meeting were : City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jim Durham, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Public Works Direct or Jim Oa k ley , Human Resource Director Jill Ross, City Engineer Jay Whisker, City Planner Chip McCulley, Mr . Gerald Clark, Mrs. Beckie Brooks, Mr. Jim Peacock , Mrs . Edith Smith, Mrs. Addie Gibson, Mr. Jim Moore , Mr . Mike Wilson , Mr . Larry Smith, interested citizens, and members of the press . PRESENTATION OF MINUTES : Mayor Fletcher presented the minutes of the regular City Council meeting of August 6, 2009 for approval and/or correction at the next regularly scheduled City Counc il meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Smith that the minutes of the Regular City Council Meeting of 16 July 2009 be APPROVED. MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman McCleary to Regular Mon thly Report for July 2009 regarding 2009/2008 statistical comparison . REGULAR MONTHLY REPORT/FIRE DEPARTMENT approve the yearly crime Alderman Elliott moved, seconded by Alderman McCleary Regular Mon thly Report for July 2009 from the Jacksonville which reflects a fire loss of $0.00 and a savings total of to approve the Fire Depa rtment, $0.00 . ROLL CALL : Aldermen : Elliott, Smith , McCleary, Sansing , Rinker, Ferrell, Stroud, Twitty , and Howard voted AYE. MOTION CARRIED . WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT: POLICE DEPARTMENT : CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20, 2009 7 :00 P.M . -7:34 P.M. STREET DEPARTMENT: a . Request to Accept Bid for sidewalk on Loop Road b . Request to Accept Bid for curb, gutter, and sidewalk on West Valentine Public Works Director Jim Oakley recommended low bidders for both projects. He stated that this is the last phase of the Loop Road pro ject , which compl etes the sidewalk from Military Road to North First Street. He then r elated that the bid for West Valentine would finish 500 ' of miss ing sidewalks in tha t Subdivision . In response to a que stion from Alderman Smith, Public Works Director Jim Oakley responded that the City has not used the two low bidders on any previous project, but added that references were supplied from Bond Engineering. Alderman Smith moved, seconded by Alderman Elliott to accept the low bid from Whaley Construction in the amount of $31,163.40 regarding the Loop Road project and to accept the low bid from Boyles Construction in the amount of $76 ,905.05 regarding the West Valentine project with funds to be drawn from budgeted Street Funds for both projects . MOTION CARRIED . SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION: GENERAL: a . ORDINANCE 1379 (#22-09) AN ORDINANCE AMENDING JMC § 13 .10.110 (CREATION OF THE NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD); PRESCRIBING OTHER MATTERS RELATING THERETO; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Ci ty Attorney Bamburg clar i fied that Ordinance 1379 i s a housekeeping measure , explaining that in the original creation of the Board there we r e certain financing requirements that were mandated t hat are not applicab le and does not match what State law provides . He stat ed that in an audit process i t was discovered that those measures were mandated, so the Board is requesting a revision. He stated that the attorney for the North Pulaski Waterworks Public Facilities Board has concurred with the amendment . He explained originally , there was a requirement that mandated certain fund activities would be reported back to t h e City Council, adding that such practice has not ever been nor should it be a function for the City Counci l. He explained that this Board is a separate entity from the Ci ty and has no means of obligating the City for financial circumstances . He stated that Ordinance 1379 would clarify that circumstance . Alderman Stroud moved, seconded by Alderman Howard to place Ordinance 1379 on FIRST READING . ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing, Rinker , Ferrell , Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 3 79. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20 , 2009 7 :00 P.M. -7:34 P.M . Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1379 on FIRST READING. ROLL CALL: Aldermen Elliott , Smith, McClea ry, Sansing, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman McCleary moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1379 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Rinker, Ferrell, Stroud, Twi t ty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Or d inance 1379 . Alderman Stroud moved, seconded by Alderman McCleary to suspend the r ules and place Ordinance 1379 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott , Smith , McCleary, Sansing , Rinker , Ferrell, Stroud, Twitty, and Howard voted AYE . NAY { 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1379. Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1379 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott , Smith, McC leary, Sansing, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE . NAY {0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman CLAUSE be attached, approved, and adopted. Smith, McCleary, Sansing, Rinker, Ferrell, voted AYE. NAY (0). MOTION CARRIED . McCleary that the EMERGENCY ROLL CALL: Aldermen Elliott, Stroud, Twitty, and Howard ORDINANCE APPROVED , ADOPTED AND NUMBERED 1379 TH I S 20th DAY OF AUGUST 2009. b . RESOLUTION 632 (#11-09) A RESOLUTION AUTHORIZING AND SUPPORTING THE JACKSONVILLE WATER COMMISSION IN ITS EFFORTS TO PARTICIPATE IN THE MID ARKANSAS WATER ALLIANCE ; AND, FOR OTHER PURPOSES . Alderman Elliott moved , seconded by Alderman Sansing to read the heading of Resolution 632 (#11-09) . City Attorney Bamburg explained that the Mid Arkansas Water Al l iance is an entity that was created t o secure addit i o n al water rights for various communities and public facilities boards from the Greers Ferry area. He explained that in hopes of securing appr opriate funding regarding the possibility for this project, the Jacksonville Water Commission has passed a Resolution a nd is asking the same of the City Council to support those efforts, appointing Mayor Fletcher and City Clerk Susan Davitt as the au thori zed agen t s t o execute the appropriate documents. It stems from and deals with the funding that the Alliance is looki ng for in h opes of launching t his water project and in the process, Jacksonvi lle will 3 CITY OF J ACK SONVILLE REGULAR CITY COUNCIL MEET I NG AUGUST 20 , 2009 7 :0 0 P .M. -7:34 P .M. receive a proportional share of the water rights . He stated that this would be a win -win circumstance for the City, saying that i f f u nd i ng is received costs would be borne by the entire alliance . Water Department Superintendent Mike Simpson related that the amount of the sub -allocation would be 1. 24 mil lion gallons of water daily. He explained that initial ly there would be an u pfront payment to the Corp . o f Engineers of $2 92, 58 4 . 00, which p urchases these rights forever into the future . He added that they would have to pay an annua l maintenance fee of $1, 300. 00 to continue maintenance of the Lake. He stated that this is the first step in Jacksonville procuring an additiona l source of water that could be utilized as an emergency supply for the City. He then answered that Jacksonvil l e is a part of the "north of t he river" g roup which cons ists of approximately 26 separate enti ties . He stated that these groups are creating a benchmark for the nation , noting that other states are working hard to model themselves in the same manner . He then answered t hat costs are proportional for cities in the Central Arkansas area. At this time , MOTION CARRIED. Whereupon Ci t y Attorney Bamburg read the heading of Resolution 6 32 (#11-09) . Alderman Smith moved , seconded by Alderman McCleary to approve Resolution 632 (#11-0 9 ) in its entirety . MOTION CARRIED. c . PRESE NTATION 2008 CAFR Gerald Clark, a CPA with McAlister and Associates presented the City 's Comprehensive Annual Financial Report (CAFR) for 2008 , which contains the City's 2008 financial statements and their audit report on those statements. He expressed appreciation for the opportunity to have performed the audit. He referred to the audit management letter provided with the CAFR, noting that additionally they prepared a summary financial report, which highlights the significant aspects of the information contained in the report. He explained that the Comprehens i ve Annual Financial Repo rt represents a compi l ation of financial data that details the City's financial workings. The information contained in this report was prepared in accordance with guidelines set forth by the Government Finance Officers Association (GFOA) . He stated that the CAFR is intended to provide a clear l y articulated , user -friendly reporting of the City 's financial affairs. He reviewed t he three main report sections, noting Section I, the Introductory Section, which contains a financial overview , a discussion of the City's economy , and organization charts for t he City . He stated that Section II , the Financial Section , contains the auditor 's report, Management's Discussion and Analysis (MD&A), audited basic financial 4 CITY OF J ACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20, 2009 7 :00 P .M. -7:34 P.M . statements and the underlying combining and individual fund financial statements with supporting schedules. He then related that Section III , the Statistical Section, sets forth selected unaudited economic, financi al trend , and demographic information for the City on a multi-year basis . He noted that the City was awarded the Cert ifi cate of Achievement for Excellence in Financial Reporting by the Governme nt Finance Officers Association for its 2007 report. He added that the City has rece ived this Cert i ficat e o f Achievement for the las t 11 years and this year 's rep ort also has been submi tted for consideration for the award. He related that an award-winning CA FR shows a dedi cat i o n to fiscal responsibi lity and outstanding f inancial management and reporting. It promotes improved public finance and can increase the City 's credi t ra ti ng as it p resents additional techn ical information not found in a standa rd financ i a l r eporting package . He stated that t h is award is a reflection on the entire staff of the City's Finance Department, as this document was c r eated and published in-house as opposed to the auditor preparing it . He e xplained that professional audit ing standards wil l n o longer allow them to prepare the financial statements and report on them without indi cating a material weakness in controls. He stated that the repor t consists of management 's representations concerning the f inances of the City. The Ci ty 's management assumes full r esponsibility for the completeness and reliability of all informat i on present ed . He added tha t in order to provide a reasonable basis for making these representations , the City has established a comprehensive i nternal control framework tha t is designed both t o protect the government 's as sets fr om loss, theft , or misuse and to compile sufficien t reliable information for the prepa r ation o f the City 's f inanci a l statements in confo rm ity with Ge nera l ly Accepted Account ing Principles . The City 's management has asserted that, to t he best of thei r knowledge and belief , thi s f inancial repo r t is complete and reliable i n all material respects. He informed the City Coun cil that the goal of their audit was to provide reasonable assuran ce that the financial stateme nts of the City f or the year e n ded December 31, 2008 , are free o f mate rial misstatement. The audit involved exami ning , on a test basis, evidence supporting the amounts and disclosures in the financi a l statements , assessing the account ing principles us ed and significant estimates ma d e by ma nagemen t , and evaluating the overall financial statement presentation. He stated that based on t heir audit, they have rendered an unqua lified opi nion on the Ci ty's fina n cial statements f or year ended Dece mber 31 , 2008 . He noted that the audit report is presented as t he first component of the financial section o f the report . He stated that professional standa r d s governi ng S ingle Audit engagements require auditors to report n ot on l y on the fair presentati o n o f the financial statements , but a l so to report on 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20 , 2009 7 :00 P .M . -7:34 P.M . the government's internal controls and compliance with legal requirements, with special emphasis on internal controls and legal requirements involving the administration of federal grant awards. He noted that they have completed that report and it is contained in the Single Audit Section of the report. He stated that there are no reportable significant deficiencies or material weaknesses in relation to the Ci ty 's internal control over financial reporting and compliance with the requirements of laws, regulations, contracts, and grants, including those applicable to Federal award programs. He related that as part of the audit process they have issued an audit management letter, intended to provide suggestions and guidance in an ongoing effort to i mprove internal controls . Although the items noted in the letter do not involve material financial i ssues, management has agreed with our recommendations that improved controls are warranted in some areas . Fo l lowing are some financial high l ights of the 2008 report ; He referred to the "Statement of Net Assets" on pages 24-25 , the first financial statement in the Report; this is essentially the City 's Balance Sheet, on the accrual basis of accounting. He stated that they are pleased to report the City 's ba l ance sheet remained strong at t he end of 2008 as total assets of the City exceeded total liab i lit i es by approximately $52. 9 million ($52 , 898, 4 98) . The amount by which assets exceed liabilities is referred to as net assets. He explained that net assets are composed of three components; the largest of which is its investment in capital assets such as land, buildings, infrastructure, machinery and equipment , this amo u nt totaled $29 .5 million ($29,502,901) or 5 1 % of total net assets . These capital assets are used to provide serv i ces to citizens; and, as a resul t , are not ava i lable for future spending since capita l assets cannot be used t o liquidate liabilities. He then related that an additional portion of the City 's net assets are subject to restrictions as to how they may be used . At the end of 2008 these restricted net assets totaled $5. 5 mil l ion ( $5, 506, 038) or 9% of tota l net assets. The remaining balance, approximately $1 7. 9 million ($17, 889, 559) is considered unrestricted net assets and may be used to meet the government's on going obligat ions to ci t izens and creditors. He related that the second f i nancial statement in the report is a Statement of Activities on pages 2 6-27 . This statement is the City 's Income Statement for the year on an accrual basis. Overall , the City 's net assets decreased by approximately $2.3 mi llion ( $2 , 271, 320) . Net assets of the governmental activities decreased by $2 .4 mi ll ion ( $2, 4 34, 950) , which was a 5 9o decrease over beginning net assets. Net assets of the City's business-type activities (essential l y Sanitation Services and Emergency Medical Services) increased by $163,000, which was a 9% increase over beginning ne t assets. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20, 2009 7:00 P.M . -7:34 P.M. He reported from pages 28 and 30 of the report looking at the financ i al statements of the City 's governmental-type funds (funds over which the City has some discretionary spending including the General Fund, Street, Sales Tax, Special Projects, and non-major funds on a combined basis). He related that at the end of 2008, these funds reported combined ending fund balances of $20.8 million ($20,863,205), which was a decrease of $5 .2 million ($5,201,335) from 2007 . He stated that a significant factor resulting in the decrease in fund balance was the City 's donation of $5.0 million to the United States Air Force toward construction of a $14.8 million Joint Education Center to provide higher education opportun i ties to Little Rock Air Force Base personnel and the loca l community. He noted that the unreserved portion of the combined fund balances wi th in the governmental type funds is $7 .1 million ($7,062,181), which represents 34 % of the total combined fund balances . This uncommitted amount was available to support operations , funding for special projects, and equipment replacement funding , subject to Council policies. He then referred to page 30 of the report, saying t hat the City's total 2008 revenues were $22.4 million and the total expenditures were $27.1 mi llion on the modified accrual basis of accounting. He explained that Sales Tax revenues accounted fo r 61% or $13. 6 mi llion ( $13 , 660, 17 5) of total revenues . State tax turnbacks and other i ntergovernmental revenues were $4.3 million ($4 ,312,5 24) or 19%; and utility franchise taxes were $1 .1 million ($1 ,1 44,223) or 5% of total re venues . Sales tax revenues in 2008 were up 4% over 2007 sales tax receipts . He concluded saying that i n l oo k ing a t the City's General Fund as of December 31, 2008, the General Fund reported a fund balance of $3 .5 million ($3,552,714), a decrease of $1 20,000 . Of this amount, $3 .2 million ($3,204,746) was unreserved and undesignated . This amoun t represents approximately 20% of 2008 actual General Fund expenditures and 17% of 2009 budgeted expenditures . He related that as a general policy, the City 's minimum target at the end of a fisca l year for the fund balance of the General Fund is 60 days expenditures based on the most recent completed year and, at the end of 2008, the balance on hand met this t arget. He stated that this minimum level of fund balance is required due to the sometimes cyclical n ature of cash flow and t he need for liquidity in case of a fiscal emergency . He pointed out that despite the challenging economic times affecting many cities in Arkansas and across the Uni ted States, Jacksonville rema ins well positioned financially, with a balanced budget, uncommitted reserve balances in excess of $7 million at the end 2008, and very minimal debt. Th i s reflects the cumula t ive effect of cost savings and process i mprovements that have been put in place not only in 2008, but also in prior years . He commended the City 's leadership for being fiscally responsible. He reiterated leadership of Director Cheryl credit to the City 's Finance Department under the Finance Director Paul Mushrush and Assistant Finance Erkel and the staff for the prepara t ion o f this report . 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 20 , 2009 7 :00 P.M . - 7 :34 P.M . He added his appreciation to all City personnel who contr i buted to the successful completion o f th i s year's report and finally, to the Council fo r allowing them the opp ortunity to serve as the City's audi tors. Mayor Fletcher acknowledged Finance Director Paul Mushrush and Cheryl Erkel for their contributions, adding his appreciation to the City Council and former Mayor Tommy Swaim for the City 's good fiscal shape. Alderman Ferrell moved , seconded by Alderman McCleary to accept the 2008 CAFR as presented . MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT ( S) : ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 7 :34 p.m . MOTION CARRIED . k -Treasurer 8 ----" City Council Of Jacksonville, Arkansas AGENDA Regular City Council Meeting September 3, 2009 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: 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 August 20 , 2009 Regular City Council Meeting August6 ,2009 Regular Monthly Report/August City Planner Chip McCulley ORDINANCE 1380 (#23-09) Amending JMC §9 .08 .030 Curfew for Juveniles (Mayor Fletcher) b. RESOLUTION 633 (#12-09) Supporting the selection and development of certain real property for the new State Fairgrounds location (Mayor Fletche r) c. Request from Finance Department to move four (4) banking accounts (Mayor Fle tcher) City Hall will be closed September 7 , 2009 in observance of Labor Day CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 3 , 2009 7:00 P .M. -7:05 P.M . REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville , Arkansas met in Regula r Session on September 3, 2009 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher l ed a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary , Sansing , Ray , Rinker, Ferrell, Stroud, Twitty, and Howard answere d roll ca ll. Mayor Fletcher also answered ROLL CALL declaring a quorum . PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Acting Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson , Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley, Animal Control Manager Hedy Limke, Human Resource Director Jill Ross, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, City Planner Chip McCulley, Glenda Fletcher, Edith Smith, Nola Ferrell, Becky Brooks, Addi e Gibson, Mike Wilson, Charlie Brown, interested citizens, and membe rs of the press . PRESENTATION OF MINUTES : Mayor Fletcher presented the minutes of the regular City Council meeting o f August 20, 2009 for approval and/or co rrection 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 6 August 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for August 2009 . Said report reflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mow ed Trash Letters 19 11 431 5 1 37 Trash Removal 1 Property Maint . Letters 31 Co st $2,415 .00 INSPECTIONS PREFORMED Bui ld ing Inspections Electrical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letter Structural repairs made Demolitions 1 49 65 53 42 40 2 0 0 0 CITATIONS Debris & open storage Property maintenance 0 1 WARRANTS Arrest Search CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 3, 2009 7:00 P .M. -7:05 P .M. 0 0 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell , Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION: PLANNING COMMISSION : GENERAL: a. ORDINANCE 1380 (#23-09) AN ORDINANCE AMENDING JMC §§ 9. 08.030 (CURFEW FOR JUVENILES) ; DECLARING AN EMERGENCY; AND , FOR OTHER PURPOSES . Mayor F l etche r announced that Ordinance 138 0 ( #23-09) is be ing removed from the agenda and will be brought back following further clarification . b . RESOLUTION 633 (#12-09) A RESOLUTION EXPRESSING SUPPORT FOR THE SELECTION AND DEVELOPMENT OF REAL PROPERTY AT THE SOUTHEAST CORNER OF WOOTEN ROAD AND INTERSTATE 440 FOR THE NEW STATE FAIRGROUNDS LOCATION ; AND, FOR OTHER PURPOSES . Mayor Fletcher explained that Re solution 633 supports the selection and deve l opment of certain property for the new State Fairgrounds . Alderman Elliott move d, seconded by Alde rman Sansing to read Resolution 633 (#12-09) . Mayor Fletcher related that the City is submitting a proposal to the State Fair Commission, adding that Jacksonville i s one of approximately fifteen cities maki n g a proposal to gain t he Stat~ Fair . He stated that Jacksonville has the ideal site off I nterstate 440 . He asked for the support of the community in this endeavor, noting that Resolution 633 is evidence of that support to be included in the propo sal. He then answered that the largest part of the property is owned by Entergy, along with only a f e w other individual property owners . At this time, MOTION CARRIED . City Attorney Bamburg read the heading of Resolution 633 (#12-09) . Alderman Smith moved , seconded by Alderman Ray to approve Resolution 633 (#12-09) in its entirety . MOTION CARRIED . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 3 , 2009 7 :00 P .M. -7 :05 P .M . c . Request from Finance Department to move four (4) banking accounts Finance Director Paul Mushrush related that currently the City has four bank accounts at Bank of America at the Gregory Place Shopping Center, explaining that the City was able to obtain a better rate with the Centennial Bank across the street f r om City Hall , noting the convenience of l ocation . He stated that the accounts have marginal activity but because they make daily deposits you have to factor in compensable mileage. He named the accounts as "Community Development", "District Cou r t", "9 -1-1 ", and t he "Sweep Account". He stated that basica l ly all acc o unts have a zero balance, explaining that funds go into a sweep account to be invested overnight . He stated that he needs permission to c l ose the accounts and open the same accounts at a different l ocation. Alderman Smith moved , seconded by Alderman transfer of four banking accounts from Bank Bank . MOTION CARRIED . APPOINTMENT(S): McC l eary to approve the of America to Centennial ANNOUNCEMENT ( S) : City Hall will be closed September 7 th in observance of Labor Day. ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 7:05p .m . MOTION CARRIED . Respect f ully, 3 City Council Of Jacksonville , Arkansas AGENDA Regular City Council Meeting September 17, 2009 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 . 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 September 3, 2009 Regular City Council Meeting August 20, 2009 Regular Monthly Report/August Police Chief Gary Sipes Regular Monthly Report/August Fire Chief John Vanderhoof Regular Monthly Report/August Public Works Director Jim Oakley Request to set public hearing for 10/1/09 7:00p.m . regarding ORDINANCE 1381 (#24-09) creating a Nuisance and Abatement Policy (Mayor Fletcher) b. POWERPOINT PRESENTATION : Finance Director Paul Mush rush "The Second Penny : Area under the curve" (Mayor Fletcher) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2009 7:00 P.M. -7:23 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 17, 2009 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL : Aldermen : Elliott , Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered ro l l call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for t he meeting were: City Attorney Robert Bamburg, Acting Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson, Parks and Recreation Direct or Kristen Griggs, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Po l ice Chief Gary Sipes, Fire Chief John Vanderhoof, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Systems Administrator Barbara Daniel, City Planner Chip McCulley, Glenda Fletcher, Nola Ferre l l, Becky Brooks, Mike Wilson, Rizelle Aaron, Jim Moore, interested citizens, and members of the press. PRESENTATION OF MINUTES : Mayor Fletcher presented the minutes of the regu l ar City Council meeting of September 3, 2009 for approval and/or correction at the next regularly s c heduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved , seconded by Alderman Ray that the minutes of the Regular City Council meeting of 20 August 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman El l iott moved, seconded by Alderman Ray to approve the Regular Monthly Report f o r August 2009 regarding 2009 /2008 yearly crime statistical comparison. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Al derman Ray to approve the Regular Monthly Report for August 2009 from the Jacksonville Fire Department, which reflects a fire loss of $5 0 0.0 0 and a savings total of $84,000.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elli o tt moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for Augus t 2009. Said report ref l ects : ADOPTION/FINES : CONTRIBUTIONS: TOTAL : $2,590 .00 $ 302 .50 $2,892.50 ROLL CALL : Aldermen : Elliott , Smith , McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED . 1 WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : CITY OF JACKSONVILLE REGULAR CITY COUNCI L MEETING SEPTEMBER 17 , 2009 7 :00 P .M. - 7 :23 P .M. GENERAL : a . Request t o set public hearing for Ordinance 1381 (#24-0 9) Creating a Nuisance a n d Abatement Policy Alderman Stroud requested and Mayor Fletcher concurred that the Ordinance would be made available at least one week prior to the public hearing . Mayor Fl etcher then asked the City Council to consider the Ordinance over the course of three meetings as opposed to s uspend i ng the rules regarding one meeting adoption for the benefit of publ ic input . City Attorney Bamburg clarified with Mayor Fletch er that t he Ordinance is thirty-five (35) legal sized pages. Alderman Ray moved, seconded by Alderman Stroud to set a public hearing October 1 , 2009 to begin promptly following the start of the 7 :0 0 p.m . regularly scheduled City Council meeting. MOTION CARRIED . b. POWERPOINT PRESENTATION by Finance Director Paul Mu shrush Mayor F letcher related a misconception stemming from the presentat i o n of the audit and the conception that the City has an over abundance of money that is not being spent . He stated that he has asked F i na nce Director Paul Mushrush to offer a b r ief overview of the revenue and expend i ture streams regarding the 2% tax for a clearer underst andi ng of the City 's financial fiscal ability going into the future. Finance Director Mushrush related that the second penny sales tax was enacted and collection began as of January 2004, explaining t hat the directed use of monies collected was by ballot title . He s t ated that $2,461,221 was collected for the Splash Zone Construction , $500,000 fo r the Jo i nt Educat ion Center and $400,000 has been put aside f or the Police and Fire Training Facility totaling $11,461,221. He then explained that the ballot tit l e states "and for other purposes", noting other infrastructure projects and the operations and maintenance o f compl eted projects . He reviewed a graph depicting years between 2008 and 2014 regarding the calculated change for the anticipated r evenue on a cash basis at the current growth rate. He noted that he only projected forwa rd seven years because of the lack of detail going further out . He then reviewed a graph projecting cos t of operat ions and maintenance within the same years . He stated that the re is a 3% projected growth . for revenues and a 7% growth projecte d for operations & main t enance costs. He s tated that 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2009 7 :00 P.M . - 7 :23 P .M. projected revenues f or 2009 are ant ic ipated to be $335,000 below originally anticipated. He stated that the difference between revenues collected and operation and maintenance costs is the difference used to fund the Capital Improvement Plan. He reiterated that those funds not consumed by operation & maintenance are designated to fund the Capital Improvement Plan. He related that the majority of elements in the Capital Improveme nt Plan came directly from the City 's Comprehensive Development Plan. He expla ined that the operation and maintenance expense is for the General Fund while infrastructure costs are associated with the Capital Improvement P lan . He stated that the Capital Improvement Plan quantifies revenue needs by prioritizing Capital Improvement projects. He then reiterated that all projects selected for funding were chosen through a public input survey . He noted that budget management keeps the two lines from interse cting over time and that allowances for change orders and unfunded i terns have t o be taken into account. He then answered a quest ion from Alderman Stroud, saying that the projections include cost of living increases regarding payroll. He theorized that all things remaining equal (ceteris paribus) these pro je ctions will hold to be valid. He explained that the budget adjusts annually, noting that currently the City is in its budget cycle. He reviewed the budget process, noting that all budget requests are scrutinized with Department heads . He then stated that often items are cut from requested budgets but services to the citizens are never cut. He noted that i terns chosen for funding , including the Capital Improvement Plan , are approved by the City Council. He related that during the presentation of the audit, it was pointed out that the City had an excess of over 17 million dollars that can be used for ongoing operations . He explained that included in that amount is a 60-day cash reserve for the Ge neral Fund, over 2 million dollars in the Street Fund that can only be used for street purposes, and Enterprise Funds meaning Sanitation and Emergency Medical Services that can only be used for their specific purposes . He stated that the majority of the balance is the funding allocated for the Capi t al Improvement P l an. Discussion ensued regarding projected operation and maintenance costs for the new Police and Fire Training Facility. Finance Director Mushrush informed the City Council that estimates regarding operation and maint enance costs are not firm as yet. He then explained the cost saving with the Library regarding the decision to instal l a deep well geo- thermal heating and cooling system . He stated that the City of Jacksonville is far better off than surrounding cities that are experiencing unfortunate economic hardships. He reiterated that monies in the Capital Improvement fund are committed to publicly chosen projects approved for funding by the City Council. 3 APPOINTMENT (S) : ANNOUNCEMENT ( S) : CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 17, 2009 7:00 P .M. -7:23 P .M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:23p.m. MOTION CARRIED. Respectfully, 4 City Council of Jacksonville , Arkansas 1. OPENING PRAYER: 2 . ROLL CALL: 3. PRESENTATION OF MINUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES : 5. CONSENT AGENDA: 6. WATER DEPARTMENT: AGENDA Regular City Council Meeting October 1, 2009 7:00p.m. Regular City Council Meeting September 17, 2009 Regular City Council Meeting September 3, 2009 RESOLUTION 634 (#13-09) Supporting participation in the Lonoke-White Project and granting authority to execute agreement with Lonoke White Public Water Authority (Mayor Fletcher) 7. WASTEWATER DEPARTMENT: RESOLUTION 635 (#14-09) Authorizing Cap ital Improvement Construction and Refunding Revenue bonds for system improvements (Mayor Fletcher) 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STRE ET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION : a. Recognition of Officer of the Year Awards (Mayor Fletcher) ORDINANCE 1382 (#25-09) Waiving competitive bidding regarding a baseball scoreboard system (Mayor Fletcher) b. Request to Accept Bid: Lad ies Locker/ Shower Room renovation (Mayor Fletcher) c. Request to Accept Bid : Fencing for Dupree Park Fields 2 & 3 (Mayor Fletcher) City Council A G E N D A continued: October 1, 2009 14. GENERAL: 15 . APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT a. PUBLIC HEARING: ORDINANCE 1381 (#24-09) Amending JMC Chapters 8 and 16 -Nuisance Abatement policy (Mayor Fletcher and Alderman Stroud) b . ORDINANCE 1383 (#26-09) Waiving competitive bidding to contract for services with Retail Attraction , LLC. (Mayor Fletcher) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P.M . - 9 :3 4 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 1, 2009 at the regular meeting place of the Council . Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge o f Allegiance" to the flag . ROLL CALL : Aldermen : Elliott, Smith , McC l eary, Sansing , Ray, Rinker, Ferrell, Stroud , Twitty, and Howard answered rol l call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy City Clerk Jenn i fer Martin , Di rector of Adm i n i stration Jim Durham, Ci ty Engineer Jay Wh isker, CDBG Director Theresa Watson, Parks and Recreation Director Kr isten Griggs , Systems Administrator Barbara Daniel , Public Works Director Jim Oakley , Human Resource Director J i ll Ross, Pol i ce Chief Gary Sipes, Battal i on Chief Kendell Snyder , Assistant Finance Director Cheryl Erkel, City Planner Chip McCulley , Wastewater Chairman Joan Zumwalt, Wastewater Superintendant Thea Hughes, Was t ewater Manager Bob Williams, Water Department Superint endant Mi ke Simpson, Civil Service Commissioner Jerry Reichenbach , Glenda Fletcher , Darlene Durham, Nola Ferre l l, He l en Stroud, Becky Brooks , Jack Danielson, Addie Gibson, Pastor Larry Burton , Dennis Sobba, Mike Wilson, Larry Sm i th, Billy Gilmore , interested ci t izens , and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of September 17, 2009 for a p proval and/or correction at the next regularly scheduled Ci ty Council meet i ng. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Smith that the minutes of the regular City Council meeting of 3 September 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA : WATER DEPARTMENT : RESOLUTION 634 (#13-09) A RESOLUTION SUPPORTING THE JACKSONVILLE WATER DEPARTMENT'S PARTICIPATION AND COMMITMENT TO THE LONOKE-WHITE PROJECT INCLUDING THE FUNDING THEREOF, AND GRANTING AUTHORITY TO EXECUTE AN AGREEMENT WITH THE LONOKE-WHITE PUBLIC WATER AUTHORITY TO COMPLETE SAID PROJECT ; AND, FOR OTHER PURPOSES. Alderman Ray moved , seconded by Alderman Sansing to read Resolution 634 (#13-09) . Water Department Superintendant Mike Simpson related that they are looking for a future long -term water source, explaining that Jacksonville Water is partne r s with Mid -Arkansas Water Alliance and has f unded i ts al l ocation regarding the Greers Ferry Lake. He stated that the Water 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P .M. - 9 :34 P .M. Department is also partnering with other MAWA entities to obtain water from Lake Ouachita and potentially Lake DeGray. He stated that participation with the Lonoke-White Project is the waterline and infrastructure that will bring the water from Greers Ferry Lake to the North Central Arkansas area. He requested the support of the Ci t y Council through Resolution 634 to participate. He explained that there are eleven members in the Lono k e-White group, adding that Jacksonville is currently the highest participatory amount due to the fact that t hey are pledging debt service to meters . Alderman Smith encouraged support for the Resolution , importance of an alternative water source. noting the Mr . Simpson related that this source would go beyond fifty years, explaining that it would be an auxiliary source fo r Jacksonville and the LRAFB. At this time , MOTION CARRIED. Resolution 634 (#13-0 9 ) . City Attorney Bamburg read the heading of Alderman Stroud moved , seconded by Resolution 634 (#13 -09) i n its entirety. Alderman McCleary MOTION CARRIED . WASTEWATER DEPARTMENT : RESOLUTION 635 (#14-09) to approve A RESOLUTION AUTHORIZING THE MAYOR AND CITY COUNCIL OF THE CITY OF JACKSONVILLE, COUNSEL, TO APPROXIMATELY ARKANSAS, IN COOPERATION WITH THE UNDERWRITER AND BOND PROCEED WITH MATTERS PRELIMINARY TO THE ISSUANCE OF EIGHTEEN MILLION TWO HUNDRED THOUSAND DOLLARS ($18,200 ,000.00) PRINCIPAL AMOUNT OF CAPITAL IMPROVEMENT CONSTRUCTION AND REFUNDING REVENUE BONDS , IN ONE OR MORE SERIES OF BONDS , TO FINANCE IMPROVEMENTS , BETTERMENTS , AND EXTENSIONS TO THE JACKSONVILLE SEWER S YSTEM ; TO REFUND CERTAIN OUTSTANDING DEBT OF THE SEWER SYSTEM ; TO PREPARE AND CIRCULATE A PRELIMINARY OFFICIAL STATEMENT AND RELATED DOCUMENTS ; DECLARING ITS INTENTION TO REIMBURSE ITSELF FOR QUALIFYING EXPENDITURES FROM THE PROCEEDS OF THE BONDS ; AND PRESCRIBING OTHER MATTERS RELATING THERETO . Alderman Ray moved, seconded by Alderman Sm i th to read Resoluti on 635 (#14-09) . Wastewater Manager Thea Hughes stated that there are several projects that would encompass the request for a bond issue. She introduced Mr . Larry Gattis, consult ing eng ineer and Mr . Cary Smith with Stephens Inc . to present regarding the bond issue. Mr . Larry Gattis of Cr ist Engineers explained that they are a municipal engineering firm that specializes in water and sewer works, recounting his firm 's affiliation with the City of Jacksonville beginning almost 66 years ago when they were retained by t he Federa l Material Agency to 2 CI TY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7 :00 P .M. -9:34 P.M . design a water and sewer system for Jacksonville. He presented a PowerPoint presentation outlining the improvements for the wastewater system, involving both the collection system and the sewage treatment plant. He noted rehabilitation in the co l l ect ion system for various sewers and manholes, adding interceptors D & F t o the system. He stated that the improveme nts would include a budget item for providing service to the State Fairgrounds site and to retire a short-term loan. He then related that on the treatment plant side there are necessary equipment replacements, as well as replacement and upgrade of the effluent disinfection system. He reviewed the various benefits of upgrading the system and infrastructure, offering severa l photographs of the existing deteriorating and defective system. He noted that improvements would also reduce treatment costs by only treating water intended to be in the system as well as enhance permit compliance and promote health and safety. He stated that the rehabilitation would invo l ve manholes, concrete sewer replacements and other sewers. He stated that presently Jacksonville has approximate ly 155 miles of underground sewers, adding that approximately 70,000 feet are of concrete construction at l east 70 years old . He pointed out that the service life of such sewers is typically 50 years. He reviewed various stages of distress i ncluding structural failure regarding manholes and sewer pipes within t he system . He stated that the proposed new lines to be added to the system would be interceptors 0 & F, explaining that the addition of those lines would allow for the removal of four existing pump stations from the system and increase the capacity of the local service that is now limited by the capacity of those pump stations. He then noted that this would also provide downstream capacity for future extensions up Hwy. 67/167 corridor east of the Air Base and toward Cabot. He stated that construction of the interceptors would enhance permit compliance by allowing the removal of the pump stations. He rev iewed the locati o n of the interceptor lines in the northeast region of Jacksonville, with the possibility of an additional third interceptor "Gu line regarding future considerations. He then reviewed considerations based on projections from usage regarding the State Fair to provide cost estimates to to the proposed site. He stated that as the site particulars wou l d be more refined. cu r rent water provide sewer develops the He stated that the proposed pro j ects would also include improvements to the Johnson Wastewater Treatment Plant. He explained that the Plant was originally constructed in 1985 at app roximately 8 .6 million dollars and upgraded in 1999 at a bid price of 6.6 million dollars, noting an ongoing inves tment at today 's prices of almost 27 million dollars. He noted that the Plant is going on 15 years without a permit violation. He then reviewed the proposed equipment replacements including the effluent disinfection system. He explained the process involving chlorination, expressing their desire to upgrade the technology to an ultra violet 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7 :00 P .M. -9:34 P .M. disinfection system . He stated that it would be environmentally friend ly and provide a long-term cost savings of approximately $19,000 annually in operation maintenance . He stated that the new technology is easily expanded for future growth . He reviewed budget costs totaling 18 .2 million dollars . Mr . Smith with Stephens Inc . stated th at the Resolution declares the intent of the Sewer Commission and the City of Jacksonville to move forward with issuance o f the bonds . He stated that if approved, the goa l is to sell bonds the first week in November and hopefully close in December in order to provide the necessary project funds. He stated that from an interest rate standpo int, Market rates are very favorable now, offering an all -in cost of below 5% on 30-year financing . He noted that the Resolution would also give the Sewer Commission the ability t o reimburse itself, if it chooses to go ahead and expend funds now towards the proje ct . Mayor Fletcher emphasized that a bond iss u e would not mean a rate increase to the citizens . At this time , MOTION CARRIED . Resolution 635 (#14-09} . City Attorney Bamburg read the heading of Alderman Stro ud moved , seconded by Resolution 63 5 (#14-0 9 } in its enti rety . Alderman McCleary MOTION CARRIED. to approve FIRE DEPARTMENT: POLICE DEPARTMENT : Recognition of Officer of the Year Awards Chief Sipes presented Officers Bret Hibbs and John Alberson as recipients of Officer of the Year awards chosen by the Arkansas Association of Chiefs of Police . He stated that it would be very unusual for two officers to be picked from the same region, adding that he be l ieves this i s the first time two officers were picked from t h e same police department . Mayor Fletcher, City Council members , and the audience joined in applause to congratulate the officers . STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION: a. ORDINANCE 1382 (#25-09} AN ORDINANCE WAIVIN G COM PETITIVE BIDDING FOR THE PURCHASE BASEBALL SCOREBOARD SYSTEM FOR THE CITY OF JAC KSONVILLE'S OF A NEW PARKS AND RECREATION DEPARTMENT ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7:00 P.M. - 9 :34 P .M. Alderman Ray moved, seconded by Alderman Stroud to p l ace Ordinance 1382 on FIRST READING . Parks and Recreation Director Kristen Griggs confirmed that the item is budgeted. She then explained that the company directed by Ordinance 1382 is out of Little Rock, making service faster. S h e then related that Rainey Electronics, Inc. included installation in their quote whereas the other company was not able to. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1382 . Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1382 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Sansing to suspend the r ules and place Ordinance 1382 on SECOND READING . ROLL CALL : Aldermen Elliott, Sm i th , McCleary, Howard voted AYE . Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1382 . Alderman Howard moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1382 on THIRD AND FINAL READING . ROLL CALL: Aldermen Elliott, Smith, McC l eary, Sansing, Ray, Rinker, Ferre l l, St roud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Smi t h that Ordinance 1382 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard v oted AYE . NAY ( 0 ) . MOTION CARRIED . Alderman Ray moved, seconded by Alderman Stroud t hat the EMERGENCY CLAUSE be ATTACHED to Ordinanc e 1382. ROLL CALL : Aldermen E l liott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED, AND NUMBERED 1382 THIS 1 st DAY OF OCTOBER 2009 . b . Request to accept bid for Ladies Locker/Shower Room Pa r ks and Recreation Director Kristen Griggs r elated t h at she has neg o tiated wi th the low bidder, Team General Contracting, to stay within a budget of $2 5,000.00 . Alderman Ray moved , sec onded by Alderman McCleary to accept the low bid from Te am General Contracting not to exceed the budgeted amoun t of $25 ,000.00 as negot iated . MOTI ON CARRIED. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7:00 P.M . - 9 :34 P .M. c . Request to accept bid for fencing of Dupree Park Fields 2 & 3. Parks and Recreation Director Kristen Griggs related t hat the n ew l ights for Dupree Park fields 2, 3, and 4 have been installed, explaining that the funds were supplied by the A&P Commission. She explained that Ing l e Fence Company 's bid came in at $44,720 .00, wh ile the budgeted amount was $42,000.00 . She added that they were able to negotiate the bid price to $42,000.00. Alderman Ray moved, seconded by Alderman Elliott to accept the low bid from Ingle Fence Company not to exceed the budgeted amount of $42 ,000.00 as negotiated . MOTION CARRIED . PLANNING COMMISSION : GENERAL : a. PUBLIC HEARING regarding ORDINANCE 1381 (#24-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8.01 (PROPERTY MAINTENANCE) AND 8 .03 (NUISANCE ABATEMENT); 8.20, 8 .24 , 8 .26, 8.28 , 8 .32, 16 .04 .010 , AND OTHER PROVISIONS IN CONFLICT HEREWITH ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Mayor Fletcher opened the Public Hearing at approximately 7:40 p .m . and presented a news clip regarding nuisance abatement . Mayor Fletcher related the positive aspects related North Little Rock residents who benefited from the adoption of a nuisance abatement ordinance. He pointed out that once residents were aware that North Little Rock was serious about cleaning up their city, t he residents themselves took the initiative of being more responsible and taking care of their properties. He noted that a resident of Sunnyside recognized the need for this Ordinance and yet another resident of Sunnyside recognized it as being their responsibility to keep the i r property maintained. City Attorney Bamburg clarified that the Ordinance addresses requirements for property owners regarding building maintenance to the level of condemna t ion, wh i ch already exists within the Jacksonville Municipal Code . He stated that it addresses the necessity for Code Enforcement Officers or other City officials to go onto private property to review or inspect conditions , explaining that this right or privilege has been with the City for many years. He stated that while t h e courts recognize everyone's Constitutional rights as individuals with individual rights as property owners, when probable cause exists it allows for fur ther investigation into those circumstances. He reassured the audience that the Code Enforcement Officers would be operating off of complaint cal l s or obvious probable cause, not searching homes for compliance . He stated tha t inspections requiring entry into the home would be pursued through proper channels with warrant s issued by the courts . He explained t h at this is the procedure currently followed by the City, and is a privi lege that is already in place. He continued explaining that Code Enforce me nt would have to observe "probable caus e " in order to address an i ssue on 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7:00 P .M. -9:34 P.M. private property. He stated that he is aware that this has been a major concern by members of the public, assuring that Code Enforceme nt will not be pursuing issues any more aggressively than what has existed. He stated that the tools offered in this Ordinance are to help instill responsibility among property owners. City Planner Chip McCulley summarized, saying that the Ordinance is amending various Jacksonville Municipal Codes into one Code and crea ting a Jacksonville nuisance and abatement property maintenance code with additional property maintenance provisions. He offered a PowerPoint presentation supporting the theme that property maintenance and neighborhood morale is intertwined . He then quoted former City of North Little Rock City Attorney "The new challenges facing municipalities in the 21st Century wi 11 require new approaches to nuisance abatement. A comprehensive nuisance abatement strategy can be effective when forming public and private partnerships that utilize a variety of lega l due process and consideration . By working together municipalities can bring about positive changes and relief to communities adversely impacted by these nuisance properties." He noted that the backbone of this Ordinance comes fr om the City of North Little Rock , adding tha t it has been reworked for the City of Jacksonville. He stated that as a working document, staff has proposed some changes to the Ordi n ance being presented . He noted a proposed change starting with the removal of thirteen of the thirty-five pages due to the fact that these provisions are already contained within various State building codes adopted by the City Council . He stated that simply by stating that the property must adhere to the existing building codes , it eliminates that repetitive nature . He stated that as a good customer servi ce measu re, i t is suggested that those pages be offered in a handout. He then cited that material to be removed would be sections 8 .01.080 through 8 .01 .1 99 wi th the exception of 8 .01 .140 . Mayor Fletcher opened the floor for public comment at approx imately 7:55 p.m . Ms . Partne Daugherty issued concerns for the Ordinance being in violation of State law. She cited specific issues where penal t ies were not in accordance with what is allowed by State law . She added that there is evidence that the Ordinance is also in violation of the Arkansas State Constitution regarding unreasonable search and seizures . She issued concerns fo r provisions regarding abandoned vehicles and dust free surfaces, saying that the Ordinance does not offer any leeway for discretion regarding the language . Ms . Marilyn Burton stated that she has been a resident of Foxwood for the past 15 years, adding that in the last three years she has been disappointed with the neighborhoods in Jacksonville . She cited concerns regarding the practice of vehicles being parked in the street and the safety hazard it presents . She also issued concerns for vehicles be i ng 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCT OBER 1, 2009 7:00 P .M. -9:34 P .M. parked in front yards and residents not mowing their yards as well as boats being covered and stored in driveways . She asserted her support for the Ordinance in efforts to clean up Jacksonville. Ms . Jean Williams cited problems with residents putting out large i tern trash pickup long before the designated time for that type of pickup . She stated that the appearance is that of a ghetto, noting that she moved from north Philadelphia and does not want Jacksonville to look like the ghetto in Philade l phia. She stated that she has called the City twice r e garding trash that is left out ; suggesting that a flyer be put on the door of the residence. She stated that trash and curbside waste that is put out before the regularly scheduled pickup makes the neighborhood look bad and decreases the value of surrounding homes . She suggested t h at trash information be disseminated through the water bill. Mr . Rizelle Aaron stated that he supports parts of the Ordinance as well as being opposed to other parts . He stated t h at he has a problem with Mr. Bamburg's assessment that he would hope that Code Enforcement Officers would act appropriately and not abuse or become rouge in dealing with right of entry. He stated that there should be limitations in the Ordinance to deal with that issue. He added that citizens need to be assured that Code Enforcement will not kick in doors to check the electrical wiring in homes. He stated that the Ordinance seems like a way to circumvent State and Federal laws in regard to search warrants and obtaining search warrants. He related that he did not see anything in the Ordi n ance to require that notification be submitted before an inspection is made on private property. He stated that he does not agree with the right of entry provision. Mayor Fletcher clarified that the right of entry was adopted by the City Council in 197 4 when John Harde n was Mayor. He stated that the facts n e ed to be addressed, saying that the issue is about the City having the right to go onto private property if there is an empty building in code violation. Ms . Becky Brooks suggested that the City Council host a daytime meeting at the Senior Center in o r der to explain the Ordinance to the residents who would need help. She asserted that there would be residents that would require help in order to comply with the Ordinance, adding that there are problems that neighbors need to have addressed . She encouraged citizens to get involved and help their neighbors. She then added that she has a problem with the vehicle portion of the Ordinance, noting that she has a vehicle that will not comply with the Ordinance after J anuary. She expla i ned that she does not intend to renew the license or ins urance, explaining that she and her husband have decided t o park the car since it will not be used. She stated that the City needs to set the example by keeping the rights of way a nd ditches cleaned, addi ng that the City needs to apply a l i ttle compassion and heart in its decisions . 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBE R 1, 2009 7 :00 P .M. -9 :34 P .M. Mr . Mike Wilson stated support regarding the nuisance and abatement efforts for the betterment of the City and its citizens. He stated that he has never had a problem working with Code Enforcement Officers. He noted that he is a Board member of the newly formed Landlord 's Association. He stated that it is the intent of the Association to work with the City to make Jacksonvil l e everything it should be. He stated that whether it is city, State, or Federal code, codes are set to enhance the safety and security of residents and code violations contribute to dilapidat ion, lower home va lues, and the general feeling that fewer occupants will want to live in Jacksonville than surrounding areas. He continued saying that codes help to guarantee that property will retain its value over time and can be sold for at least some measure of profi t. He stated that this Ordinance is the only way the City can "soar higher ." Mr. Richard Rhetts said that he is confused over the fact that while he is told he can have his antique cars as long as they are licens ed; he cannot operate them on city street s unless he is attending a function dealing with antique vehicles or taking the car for maintenance. He added that now he understands that this Ordinance will not let him park his cars on his property in order to protect his investment . He stated tha t he does no t feel that he should be cit ed because his grass is 3" high and the Ordinance says it cannot be over 8". Mr . Dave Krenn stated tha t he feels it is important to address issues regarding the p ub l ic 's safety , health, and welfare. He noted a situation in his neighborhood where the trees behind his subdivision were cut down, which has created a back up of the natural water flow into the gas pipe line and into the n eighborhood . He stated that this situation h as created a health hazard with rodents with standing water which draws mosquitoes into the neighborhood . He also cited issues with residents not cutting their grass. He stated that this Ordinance is a necessity in order for Jacksonvi lle to su r vive . Ms . Pam McAllister reported that there are two parked cars in her neighborhood that have been there for six years wi th no license and flat t ire s. She then reported that people are dumping large item trash, which will not be p icked up acco rding to the scheduled unt il the end of the month. She stated that Jacksonv ille needs to be cleaned up. Pastor Larry Burton expressed appreciation t o City Council for t heir le adership , saying that p rincipals are nonnegotiable regarding where we are heading as a city in the future. He stated that the focus is on the repetitive problem s , people who do not care, who use their liberty and do not care wh at others have to look at i n their yards . He clarified that those yards are not just a place for the ir licensed cars but a car l ot for their RV ' s and boats. He stated support for the Ordinance , asking that City Council offer the citizens an ordinance that will enhance their City . 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P .M. - 9 :34 P.M. Mr . Bobby Kiser related issues in his neighborhood regarding a neighbor 's swimming pool that has become a mosquito infestation . He emphasized t hat it has become a health issue, noting that it would be much worse if the City did not spray for mosquitoes. He supported the need for measures to take care of the City . Mr . John Mason stated that he appreciates and supports efforts to clean up the City. He related that he has met with several City directors , noting that he works in real estate helping citizens . He stated that he feels any efforts for the City should be a public /private partnership, saying that there are ways to do this even if not everyone agrees on everything in the Ordinance. He stated that at all cost civil liberties should be protected but wants the City to be clean . He stated that he would like to see more than a 10-day notice, suggesting that a citizen committee be formed to tweak the Ordinance, mentioning also the need to revise the fine struct ure regarding mowing . Mr . Ron Mi lson related that he chose Jacksonville as his home after college, adding that he does not believe the Ordinance is conducive to Jacksonville in the present form. He stated that the opinion regarding what junk is depends on the neighborhood and the level of need . He stated that for r esidents with smaller yards and driveways, it is more difficult to adhere to the provisions of the Ordinance . He stated that i f people did not park in the yards, the garbage trucks would not have room to come down the street. He stated that common sense is the problem , noting the difficulty in putting trash out according to a schedule if you work all the time . He stated that he keeps his house neat but this ordinance will punish citizens that canno t afford a large garage or yard. Mr. George Gage complained that when the Police were called to a rental property that he owns and found the wi ndow broken he was told by t h e renters that the City would close his b u siness . He stated that when he rented the property the window was not broken but only cracked, adding that the reason he did not repair the window was because the renter told him they would fix the window since they broke it. He s t a t ed that he is against the City coming onto private p r operty, adding that h e feels he is be i ng harassed if someone treats him that way . Ms. Helen Shirley stated that she disagrees with a lot of the proposal, questioning when the City would to do the work for the people t h at needs to be done . She related that she has called her alde r man and the Street Department , adding that she had v i sited with the former Mayor. She stated that she does not understand the provision about dust on the driveway. She then related that the City dug a ditch beside her driveway to address drainage problems, stating that the City 's water is destroying her house . She stated that the wate r runs off from the Library buildin g . She stated that she has called her a l dermen but they never came to see her. 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7 :00 P .M. -9:34 P.M . Alderman Stroud assured her that he had been to her property and had spoken with her in the past. Ms. Shirley stated that it should not matter if her house is lower than the street . She added that she was told that if she put dirt i n her front y ard it might help. Mr . J i m Hill acknowledged that Jacksonville does need work. He r elated that he l ost two houses because of pressure from a nei ghbor that is involved i n politics. He noted that since he sold the houses, there has been very little work on the ho u ses . He noted problems for residents that do not have large yards and cannot park on the street . He stated that he does support cleaning up Jacksonville but there are issues that wil l need to be addressed in the process. Mr . Bill Hibbs stated that while he does not have anything against resident s ow ning RV ' s and boats, he does not feel tha t they should be parked in the front yard or on the street. He stated that when someone ow ns property it is thei r responsibility to take care of it . Mr. Keith Webber stated that he feels the Ordina nce needs to be reworked, taking c are of the legal issues, and trimming it d own into sma ller ordinance s. He stated that a definition of probable cause needs to be added . He stated that the codes need to be changed to require developers to make wider streets so people can park in the streets. He stated that residents need to put RV ' s and boats in the back yard , n o t the front yard . He suggested that the City require l andlords to make driveways big enough to handle all the vehicles that would live there al ong with room for visi to rs. He s ta ted that the notice time needs to be extended to 15 or 20 days , adding that he feels the fines are compounded too much . He stated that the Ordinance needs to spel l out the steps involved in the administrative process. Mayor Fletcher closed the public hearing at approx imately 9 :10p.m. Mayor Fletcher stated that he noted fou r issues defined as citizens spoke regarding the Ordi nance . He stated his hope that the Ordinance could be passed on first reading tonigh t then brought back with amendments in two wee k s when th e Ci ty Council meets for its next regularly scheduled meeting. He noted t hat this wou ld offer additional time for citizenry input, explaining that citizens should contact their aldermen regarding further input . He related that following the second reading there would still be time for further input. Alderman Elliott stated the need for clarification prior to voting. He asked for clarification regarding the pages that are being removed from the Ordinance . 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1 , 2009 7:00 P.M . - 9 :34 P.M. City Attorney Bamburg clarified that Sections 8 .01.080 through 8 .01 .085 with the exception of 8 .01 .140 would be removed . He explained that those are the areas that are already addressed in State codes. Alderman Elliott suggested other amendments regarding clari ficat i on, noting the section addressing inoperable vehicles and the condition of a vehicle not moving for three days. He stated that there are t i mes when he does not move one of his vehicles f or three days, saying that he feels this stipulation should be struck from the Ordinance. He then suggested that the requirement that vehic l es be parked or stored on a dust free surface should be removed, noting that there are many properties in Jacksonville that do not have asphalt or concre t e driveways. Alderman Stroud related that he f ound twelve items that he feels need to be put into the Ordinance , suggesting that the amendments be incorporated into the Ordinance . Alderman Elliott reiterated that he did not feel a vote should be taken until it is c lear what is being voted on , suggesting that the Ordinance be brought back with revisions . Further discussion ensued regarding placing the Ordinance on first reading or holding the Ordinance vote until the amendments are in the Ordinance . City Attorney Bamburg stated that the City Council h as options from the standpoint of amending the Ordinance . He expl ained that if the City Council wants the amendments included, those wo u ld have to be voted on prior to voting on first reading . He added that City Council could vote on first reading and then make the amendments at that time i f so desi r ed . He stated that i t is strict ly an op t ion as to how the City Council wants to approach the amendments . He stated that this is not necessarily a legal decision but a political one . Alderman Sansing stated that while he has issues with the Ordinance, he has no problem with the working process and voting one t i me now, knowing that the Ordinance will be amended for the second reading . He offered that he has a list of amendments he would also l ike to s u bmit. Al derman Elliott stated that it seems contrary to the legal process to vote on the Ordinance be f ore it is revised . Further discussion ensued as to the amendments being incorporated into a revised Or dinance . Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1381 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE. NAY (0). 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7 :00 P.M . -9:34 P .M. MOTION CARRIED. Ordin a nce 1381. Whereupon City Attor ney Bamburg read the heading of Alderman Ray moved to table Ordinance 1381 (#24-09) . lack of a second. MOTION FAILED for Discussion ensued as to t h e Ordinance being revis ed and r epresented prior to another vote being considered with regard to public clari f ication and input . Alderman Ray moved , seconded by Alderman Stroud to approve a meeting set by Mayor Fletcher to continue consideration of amendments regarding Ordinance 1381 (#24-09). MOTION CARRIED. special further Mayor Fletcher set a special City Council meeting Thursday, October 9 t h at 7 :00p .m. to further discussion regarding Ordinance 1381 (#24-09). b . ORDINANCE 1383 (#26-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF CONTRACTING WITH RETAIL ATTRACTIONS, LLC , FOR ECONOMIC AND RETAIL DEVELOPMENT SERVICES FOR THE CITY OF JACKSONVILLE; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES. Mayor Fletcher related that Reta i l Attraction, LLC has a proven track record for helping municipal i ties much l ike Jacksonville, noti ng that the owner comes from a community about the size of Jacksonville with the simi l arity of being located appr o ximatel y the same distance from a central larger city , as Jacksonville is to Little Roc k . He stated that he would like for the City to contract with this company regarding e conom i c development consideration . He related that the contract would be $20 ,000 .00 for this y ear with funds to be drawn from the Cont ingency Fund . Alderman Stroud related t hat he is continual l y getting quest i ons as to why Jacksonville does not have more restaurants, upscal e depa rtment stores, or a movie theater; adding that he feels this would be money we l l spent . He related that if the contract proves fru i tful, it can be extended . Alderman Stroud moved , seconded by Alderman Sm ith to p l ace Ordinance 1383 on FIRST READING . ROLL CALL: Alde rmen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1383 . Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1383 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith, McC l eary, Sansing, Ray, Rinker, Ferre ll, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 1, 2009 7:00 P .M. - 9 :34 P.M. Alderman Stroud moved, seconded by Alderman Ray to susp end the rules and place Ordinance 1383 on SECOND READING. ROLL CALL: Aldermen Ell i o t t, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1 383 . Alderman Ray moved, seconded by Alde rman Sansing to suspend the rules and place Ordinance 1383 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott , Smith, McCleary, Sans ing, Ray, Rinker, Ferrell, S t roud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Att orney Bamburg read the heading of Ordinance 1383. Alderman McCleary moved , seconded by Alderman Ray that Ordinance 1383 be APPROVED AND ADOPTED . ROLL CALL: Aldermen E lliott , Smith, McCleary, Sansing , Ray , Ri nker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Alderman Ray moved, seconded by Alderman Stroud that t h e EMERGENCY CLAUSE be ATTACHED to Ordinance 1383 . ROLL CALL : Aldermen El l iott , Smith, McCleary , Sansing, Ray, Rinker, Ferrell, Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED AND NUMBERED 138 3 THIS 1 s t DAY OF OCTOBER 2009 . APPOINTMENT(S): ANNOUNCEMENT ( S) : ADJOURNMENT : Without o bjection , Mayor Fletcher adjourned the meeting at approximately 9 :3 4 p .m. MOTION CARRIED . 14 City Council of Jacksonvil le , 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 Special City Council Meeting October 8 , 2009 7:00p.m . 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT : __...10 . STREET DEPARTMENT: 11. SANITATION DEPARTMENT: 12. PARKS & REC . DEPT: 13 . PLANN ING COMMISSION: 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT CONTINUED PUBLIC HEAR ING: ORDINANCE 1381 (#24-09) SECOND READING Amending JMC Chapters 8 and 16 Nuisance Abatement policy (Mayor Fletcher and Alderman Stroud) CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8 , 2009 7 :00 P.M. - 8 :12 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in special session on October 8, 2009 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Fletcher l ed a standing audience in the "Pledge of All e giance" to the flag . ROLL CALL : Aldermen : Elliott , Smith , McC l eary, Sansing, Ray, Rinker, Ferrell, Stroud, and Howard answered roll call . Mayor F l etcher also answered RO LL CALL declaring a quorum. Alderman Twitty arrived 7 :04 p .m . PRESENT TEN (10), ABSENT (0). Others present for the meeting were : City Attorney Robert Bambu r g, Acting Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham, Public Works Director Jim Oakley, City Planner Chip McCulley, Glenda Fletcher, Nola Ferrell, Pastor Larry Burton, interested citizens, and members of the press . PRESENTATION OF MINUTES: APPROVAL AND /OR CORRECTION OF MINUTES: CONSENT AGENDA : WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: CONTINUED PUBLIC HEARING regarding ORDINANCE 1 381 (#24-09) AN ORDINANCE CREATING JAC KSONVILLE MUNI CIPAL CODE §§ 8. 01 (PROPERTY MAINTENANCE) AND 8 .03 (NUISANCE ABATEMENT); 8 .20 , 8 .24 , 8.26 , 8 .28 , 8 .32 , 16 .04.010 , AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Ma yor Fle tche r note d that the previous public hearing had lasted approximately one and a half hours with pro and con input, explaining that at that meeting th i s special meeting was set . He explained that the public hearing is at the stage of discussion . He suggested that each page of the ordinance from beginning to end be reviewed regarding amendments . Alderman Stroud requested clarification regarding Section 8.0 1 .006 Modifications, quoting "authority to grant modifications for individual cases" by Code Enfor c ement . City Attorney Bamburg explained that if circumstances do not require a variance or modification that would necessi t ate it being sent befor e the Board of Adjustment, but were a circumstance where the Code 1 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8 , 2009 7:00 P .M. - 8 :12 P.M . Enforcement Officer found a violation that was to be rectified within the seven ( 7 ) day notification period. He related that Code Enforcement could grant a small amount of l eeway in order to allow the property owner to address the situation, or a reasonable modification . He stated that any circums t ance that requires a variance from any term of the Ordinance as a whole and on a more permanent basis wo u ld have to go before the Board of Adjustment and is beyond what Code Enforcement is granted authority to address. Alderman Elliott reques t ed clarification regarding Section 8.01.013 Material and Equipment Reuse; City Planner Chip McCulley explained that this provision address primarily health and safety. He cited that structural wood would be a concern for Code Enforcement as a safety issue. Alderman Stroud questioned under Section 8.01 .014 and City Attorney Bamburg c l arified that it is legal to address violations as misdemeanors . He then clarified that Section 8.01.015 addresses all abatement violations, noting that the provision addresses an escalating fine structure regarding repeat offenses. He cited clean-up and debris removal as a repeat type offense . Alderman St r oud then ques t ioned if Section 8 .01.045 is in conflict with Section 8 .01 .0 3 0, City At torney Bamburg replied that i t is not, explaining that in the past he has been directed to condemn a property t hrough j udic ia l process. Explaining that to be a case where the city has to t ake an individual property owner into court to have the matter adjudicated as a condemnation . He stated that it is a rare process , which was a predecessor to the abatement process that was used in the c ase of o cc upied houses that were in such dilapidated conditions requi ri n g condemnati o n. In respo n s e to a que stion from Alde rm a n Ferrell, City Attorney Bamburg t hen cla rified that u nder Sect i on 8.0 1 .045 there are some p e nal t y provisions t hat are already in the Codes that would s ti ll apply to these provisions as we l l as penalties in this Ordinance. Under Se ction 8 .0 1.044, Alderman Ray related t h a t he had received commen t s regarding the 60 -day provision, explaining that he had informed the person asking that they could appeal to the City Council for additional time. City Attorney Bamburg concurred with that assessment . Alderman Elliott noted that the definitions for Abandoned Motor Vehicle , Boat, and Dust Free Surface may need to be addressed as those provis i ons are reviewed within the Ordinance . Alderman Sansing concurred, noting areas of t he Ordinance that would require definition clarification . Alderman S t roud requested that a definit ion regarding "Landlordsn be added to the Ordinance . 2 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8 , 2009 7 :00 P .M. - 8 :12 P .M. Alderman Elliott noted that while there is a definition for boat, boats are not addressed in the Ordinance . He then noted that the definition of Inoperable Motor Vehicle might need to be clarified as we address further provisions in the Ordinance. Alderman Ray related his understanding that Section 8 . 01.078 Grass or Weeds does not address situations where residents have gone on vacation but is directed toward residents that do not cut their yards at all . He stated that this is not directed toward the elderly that might have issues obtaining a lawn mowing service. Alderman Howard pointed out the Section of 8.01.077 Sidewalks and Driveways, questioning if the "proper state of repair" of sidewalks is the responsibility of the homeowner or the City. Mayor Fletcher replied that it would depend if it were a public or private sidewalk . City Attorney Bamburg clarified that some properties have public sidewalks within a City easement that is maintained by t h e City's Public Works Department; however, there are properties with private sidewalks that would be the responsibility of the homeowner . Mayor Fletcher stated that the primary goal of this provision is to prohibit debris or inoperable vehicles being placed on public sidewalks . Alderman Howard pointed out that there are some areas of town where if a vehicle is not parked on the sidewalk, traffic cannot move down the street. He stated that the streets in Sunnyside are very narrow and it causes a problem if they cannot park on the sidewalk . Mayor Fletcher pointed out that Ordinance 1381 addresses inoperable vehicles only. Alderman Smith noted that there had been controversy regarding Section 8.01 .040 Bedroom Requirements . City Attorney Bamburg clarified that the Section was previously numbered 8.01.140 in the original Ordinance submitted; it was bumped up in number because some of the sections were removed . He stated that this was cited by City Planner Chip McCulley to be necessary to address overcrowding in single-family dwellings. Alderman Elliott stated that the provision as it reads does not allow for more than two children to a bedroom, saying that there are plenty of residents that have three children to a bedroom. He stated that he understands the intent of the provision but feels concessions should be addressed regarding a family with five children who might have three in one bedroom . 3 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P.M. -8:12 P.M . Mayor Fletcher stated that the intent is to address issues r egarding many people (not a family un it ) occupying a single-family residence. He stated that there have been situations where there were 18 people occupying a small single-family r esidence . City At torney Bamburg pointed out that subsection a) indicates a minimum squa re footage of fl oor space for each occupant of a bedroom . Alderman Elliott stated that with that requi r ement it p rohibits more t han two people per bedroom. He suggested increasing the square footage to allow for three occupants per bedroom . City Planner Chip McCulley a nswered that there is a State code that deals with this regarding an overall square footage of the h orne. He n oted t h at it is one person per every 200 square feet of the ho use, counting t h e livable space within the horne . He stated that the F i re Code is the source of this requirement . Mayor Fletcher reiterated that the intent is not to check r esidentia l bedrooms, citing that the City would not be aware of occupancy issues u nless there was a complaint f r om a neighbor . Discussion ensued and City Attorney Bamburg clarified t h at if a circumstance were to become known , a variance could be granted by the Board of Adjustment . He offered that a possible modification would be to increase the square footage to accommodate three children. Further discussion ensued rega r ding the State requirement and the City 's min i mum being slightly more restrictive. Mayor Fletcher noted the safety issue invo l ved with overcrowding in case of an emergency such as a fire . Alderman Sansing stated t hat he would agree with City Attorney Bamburg that this is the reason we have a var i ance p rocess within the City . He stated that he d id not feel the requirement would crirninalize a family that has three children in one bedroom . Alderman Elliott moved, seconded by Alderman Smith to amend the minimum square footage from fifty (50) square feet to thirty five (35) square feet for more than one person. MOTION CARRIED with Alderman Sansing and Ray voting NAY . Alderman Elliott moved, seconded by Alderman Howard to amend Section 8 . 03. 003 Nuisances and Non-Complying to ami t the wording of "under a properly issued building permit". MOTION CARRIED . Alderman Elliott questioned how the inoperable vehicle provisions would address a resident restoring an antique vehicle . 4 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7:00 P .M. - 8 :12 P .M. City Attorney Bamburg explained that when Code Enforcement has become aware of such a situation, the owner is offered an opportunity to pursue a variance through the Board of Adjustment. He stated that the Board of Adjustment commonly works with the petitioner to accommodate the restoration process within reason. Alderman Stroud moved, 8.03 .017 , to omit "(A) seconded by Alderman Sansing that under Section It has not been moved for more than Three (3) days ;" and "(G) The v e hicle has no current vehicle tags or registration ." MOTION CARRIED. City Planner Chip McCulley presented written comments from the previous meeting to prohibit the permanent parking o f vehicles on yards, lawns, and grassy areas when complaints are received f rom neighbors, adding that there had been comments about n eighborhoods setting standards to be enforced by Code Enforcement. He then presented the comment that trucks, cars , boats, trailers, and recreational vehicles are not al lowed o n street side or existing setback lines in Jacksonville. Alderman Sansing presented language to be considered as an amendment to the Ordi nance. "All motor vehicles shall be parked on a designated driveway, or to the left, or right of the driveway, parallel to the driveway and within ten (10) feet of the edge , however, not on both sides of the driveway. Motor ve hicles may also be parked beside the house on the driveway side, if it will not encroach on a neighbor 's property, or with neighbor's written permission, if it will cross property lines. Motor vehicles may not be parked across the front of the house on the lawn". It was clarified that this is to mean only one side of the driveway so as to have two cars side by s ide in paral l el fashion . It was further noted that in Sunnyside , many residents do not have a concrete driveway but they park in the same spot, which should be considered their designated driveway. It was further noted that this situation should not create a need for a variance . Discussion ensued as to what the Code al l ows regarding the parking of vehicles o n City streets or sidewalks in Sunnyside . City Planner Chip McCulley stated that by Code no vehicle or even a basketball goal can be parked in the City right -of-way , adding that by the letter of the law no one can pa r k on a sidewalk to get out of the street. Mayor Fletcher stated that at some point the City will be considering moving to an automated garbage pickup because of costs so this issue will have to be addressed. He added that it would be impossible to pick up garbage in Sunnyside if we go to an automated system . In response to a quest i on from Alderman Smith, City Attorney Bamburg clarified that neighborhoods ha v e set standards through bills of assurance, explaining that there are specific manners by which a bill of 5 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8 , 2009 7:00 P .M. - 8 :12 P.M . assurance is implemented. He stated t h at property owners have to be given appropriate notice, signatures have to be filed as a matter of record, and the City is not the enforcer of bills of assurance standards. He stated that Code Enforcement is not the enforcement arm for property owner associations . Alderman Sansing moved, seconded by Alderman Ray to amend Section 8. 03 .018 to include the language as read , "All motor vehicles shall be parked on a designated driveway , or to the left , or right of the driveway , parallel to the driveway and within ten (10) feet of the edge ; however , not on both sides of the driveway . Motor vehicles may also be parked beside the house on the driveway side , if it will not encroach on a neighbor 's property , or with neighbor 's written permission , if it will cross property lines . Motor vehicles may not be parked across the front of the house on the lawn", and offering City Attorney Bamburg latitude to adjust the language as requi red grammatically . Alderman Stroud stated that he is not against the proposal but pointed out that the intent is to adopt language that would fit the City as a who l e, which cannot be done with the consideration of Sunnyside . He stated that essentially Code Enforcement acknowledges that Sunnysi de residents do not have driveways . He stated that his concern with parking vehicles next to the street is t h e visibility factor for other vehic l es backing out of their driveways . Alderman Sansing countered that for families with teenage drivers, the only orderly fashion of parking would be one car after the other even i f it gets close to the street but will get cars off the street. He reiterated his theology regarding "dirt driveways". It was clarified that the definition and provisions for a dus t free parking sur f ace wou l d have to be omitted from the Ordinance . City Planner Chip McCulley pointed out that even with that consideration, under current Code a car cannot park in City rights-of-way . He illu strated if a car that is parked in a driveway is over the sidewalk area , it is in City right-of -way. He stated that a rough guideline is that the City right -of-way i s up to 11 feet behind the curb , which includes the sidewalk . He then stated that Sunnyside is one where it is not the full 11 feet because it is in the older part of town . At this time, MOTION CARRIED . In response to a question from Alderman Elliott regard ing shopping carts and fines , City Planner Chip McCu l ley stated that the Ordinance i s modeled after one for North Little Rock, saying that i t i s not an issue in Jacksonville, seldom has the City picked up a shopping cart. He stated that the City has not previously charged the $25.00 fine, but to be i n line with other cities we have that option under Section 8 .03.21 . 6 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8, 2009 7 :00 P .M. - 8 :12 P.M . In response to a question from Ms . Debbie Talley, City Attorney Bamburg explained the significance of having reserved sections within the Ordinance regarding future expansion of provisions. In response to a comment from Alderman Stroud, City Attorney Bamburg clarified that the Code has specific provi sions regarding the screening of dumpsters . He related that a provision in the Ordinance indicates that there are rules and regulations that Code Enforcement could adopt and implement; the scheduling of pickups could fit within that provision. He explained that if the schedul ing is encumbered in an ordinance it becomes harder for the Department to modify or change as necessary . Discussion ensued regarding the best time for large item pickup . Alderman Smith suggested that large i tern pickup be announced with the water bill . Alderman Stroud noted efforts regarding the publication of a large item pickup calendar, also noting that it might be useful for the landlords to be able to pay for a special large item pickup when tenants move after the first of the month. Mayor Fletcher related that he had spoken with Public Works Director Jim Oakley regarding the possibility of placing a large dumpster at the Recycling Center to aliow landlords to bring large items in-between scheduled pickups . Alderman Elliott concurred that it would be a good idea to have a drop off location for large items. Public Works Director Jim Oakley stated that currently his Department on a temporary basis, using a rear load garbage truck , o f fers a drop off fo r large items at the Recycling Center. He stated that there is the concern that it is being used by people who are not paying sanitation fees on a City water bill. Mayor Fletcher asked that the information be disseminated to the Land l ord Association . Public Works Director Oakley then answered that a proper container by Code is either a garbage can, bagged, or both . Mayor Fletcher noting no further discussion, stating that he would entertain a motion to accept Ordinance 1381 as amended with exemption of Section 8 .01.080 throug h 8 .01.199 except for Section 140 . City Attorney Bamburg clarified that those sections were par t of State Codes which were removed at the previous meeting , advising that action to recognize the removal of those sections should be in a forma l motion. He stated that any approval on first reading would n eed to include that reference in the motion. 7 CITY OF JACKSONVILLE SPECIAL CITY COUNCIL MEETING OCTOBER 8 , 2 009 7 :00 P.M . -8:12 P .M. It was also clari fied that additional provisions regarding the building codes could be added by amendment individually. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1381 be APPROVED on FIRST READING as amended with the remov al of provisions as discussed. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell , Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . City Attorney Bamburg informed the Ci ty Council that he wou ld make the appropriate amendments to Ordinance 1381 and have it for the next reading. Alderman Stroud stated the necessity of Code En forceme nt to enforce for the Ordinance to be viable . APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT : Without objection , Mayor Fletcher adjourned the meeting at approximately 8:12 p.m . MOTION CARRIED . 8 City Council of Jacksonville , Arkansas AGENDA Regular City Council Meeting October 15, 2009 7:00 p.m. 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF M INUTES: 4. APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Fire Department: Police Department: Animal Control: 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: ADDITIONS TO AGENDA: 15. APPOINTMENTS: 16. ANNOUNCEMENTS : ADJOURNMENT a. Regular City Council Meeting October 1 I 2009 Regular City Council Meeting September 17 I 2009 Regular Monthly Report/September Fire Chief John Vanderhoof Regular Monthly Report/September Police Chief Gary Sipes Regular Monthly Report/September Public Works Director Jim Oakley Regular Monthly Report/September City Planner Chip McCulley Continuation of Public Hearing : ORDINANCE 1381 (#24-09) Amending JMC Chapters 8 and 16 -Nuisance abatement b . ORDINANCE 1384 (#27 -09) Amending JMC § 2.44 .010 Employee Policy Manual supplemental data included in packet c. DISCUSSION : Manor House Apartments d . e . ORDINANCE 1385 (#28-09) Annual Millage Request to Accept Bid for Audio System in the Council Chambers North Pulaski Waterworks P.F.B. Reappointment of Bill Thompson for a term to e xpire 10/02/2012 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15 , 2009 7 :00 P .M. - 8 :25 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 15, 2009 at the regular meeting p l ace of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen : Elliott, Smith, McC l eary , Sansing, Ray, Rinker , Ferrell , Stroud, Twitty, and Howard answered roll call . Mayor Fletche r also answered ROLL CALL dec l aring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy City Clerk Jennifer Marti n , Director of Administration J i m Durham , City Engineer Jay Whisker, CDBG Director Theresa Watson, Finance Director Paul Mushrush, IT Systems Administrator Barbara Daniel, Parks and Recreation Director Kristen Griggs, Public Works Director J i m Oakley , Human Resource Director Jill Ross, Police Chief Gary Sipes, Fire Chief John Vanderhoof, City P l anner Chip McCull e y, Glenda Fletche r, Ivo r y Tillman, Becky Brooks, Addie Gibson, Pastor Larry Burton, Mark Stroud , Art Brannen, Mike Wilson, Rizelle Aaron, Larry Smith, Billy Gilmore, interested citizens, and members of the press . PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of October 1, 2009 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith mo v ed , seconded by Alderman Ray that the minutes of the regular City Counci l meeting of 17 September 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA: RE GULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott mov ed , seconded by Alderman Smith to approve the Regular Monthly Report for September 2009 from the Jacksonville Fire Department, which r eflects a fire l oss of $57,800.00 and a savings total of $144,200 .00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded b y Alderman Smith to approve the Regular Monthly Report for September 2009 regarding 2009/2008 yearly crime statistical comparison. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regu lar Monthly Animal Control Report for September 2009. Said report reflects: ADOPTION/FINES: CONTRIBUTIONS: TOTAL: 1 $1,935 .00 $ 41.00 $1,976.00 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7 :00 P .M. - 8 :25 P.M. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for September 2009. Said report ref l ects: PERMITS/LICENSE ISSUED Building Permits Bus iness L i cense UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 18 5 308 59 26 Trash Removal 5 Property Maint. Lette r s 49 Cost $3 ,035.00 CITATIONS Debris & open storage Property maintenance 0 0 INSPECTIONS PREFORMED Building I nspections Elect r ical Plumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint. Letter Structur al repairs made Demolitions WARRANTS Arrest Search 36 43 37 27 42 8 0 0 0 0 1 ROLL CALL: Aldermen : Elliott , Smith , McCleary, Sansing, Ray , Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION : GENERAL : a . CONTINUED PUBLIC HEARING regarding ORDINANCE 1381 (#24-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8.01 (PROPERTY MAINTENANCE) AND 8 .03 (NUISANCE ABATEMENT); 8.20, 8.24 , 8 .26 , 8.28 , 8.32, 16 .04.010, AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Mayor Fletcher related that questions were submi tted referring to the Right of Entry p r ov i sion , asking City Attorney Bamburg t o respond and clarify those concerns . City Attorney Bamburg explained that the Right of Entry provision has been in place within the Jacksonville Municipal Code for many years, pointing out that the ori g i nal ordinance addressing Right of Entry was adopted in 1974 . He stated tha t in the process of addressing concerns , other ci ties were researched that have Right of Entry provisions in t he i r 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7 :00 P .M. - 8 :25 P.M . Codes, noting that i n comparison , the City of Jacksonville i s not as strict as surrounding cities. He pointed out that policy and procedure would not change from what is in plac e. He then exp l ained that when there is a code issue and the property owner allows Code Enforcement onto the property to address that issue , Right of Entry would not be a factor . He added that if the property owne r is not avai l able or does not choose to grant Code Enforcement necessary access, the provisions would allow the City to address that issue through an affidav i t and search warra n t process . He exp la ined that it is reviewed by District Court Judge Batton, who will addr ess what i s commonly referred to as "probable cause" in o rder for that to be approved. He stated that once approved by Judge Batton, it is filed with the Court and the Code Enforcement Officer can proceed, fo l lowing the instructions that were approved by the Judge . He stated that all Constitut ional provisions , measures , and rights are protected , not on l y for the prop erty owner but a l so on behal f of the City. He added that it is not a circumstance where property owners are allowed to prevent or proh ibit Code Enforcement Officers from addressing safety or community concerns. He stated that the Right of Entry prov i sion is currently in City Code to address any type of Code violation ranging from grass letters to the i mplementation of building codes. He reiterated that the Right of Entry procedure exists currently in the Jacksonville Municipal Code, and procedures wou l d not change. He then noted t hat Al derman Elliott had addressed the possibility tha t when developing this Ordinance from the North Little Rock ordinance , there may ha ve been a circumstance where part of a sentence was left out in the cut a n d paste process. He stated t hat i f Council members c hoose, there could be an amendment to Section 8.01 .010 to add that language. Alderman Elliott offered that Section 8 .01 .010 be amended to i nclude the wording "or premises at reasonable times to inspect , subject to Constitutional restrictions on unreasonab l e" beginning afte r the word "structures" and before the words "searches and seizures". City Attorney Bamburg advised t hat amendments be held until afte r approval to be placed on second reading . Alderman Smith moved, seconded by Alderman Ray to place Ordinance 1381 on SECOND READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray , Rinker, Ferrell , Stroud, Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City At to rney Bamburg read the heading of Ordinance 1 381. Alderman Elliott moved, seconded by Alderman McCleary to amend Section 8.01 .010 Right of Entry to mirror that of North Little Rock's Right of Entry clause "authorized to enter structures or premises at reasonable times to inspect, subject to Constitutional restrictions on unreasonable searches or seizures". ROLL CALL: Aldermen: Elliott, Smith , McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . MOTION CARRIED. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15 , 2009 7 :00 P .M. -8:25 P .M. Alderman Sansing mov~d , seconded by Alderman McCleary to amend Section 8.01 .060 Definitions under Abandoned Motor Vehicle , to include the sentence "Vehicles at residences or in storage are exempt from the seventy-two (72) hours" at the end of the definition ; and to strike the definition of Dust Fre e Surface . Alderman Stroud stated that he woul d like to retain the definition, noting that there are some used car lots that are on grass . He stated that he felt the definition would be used in the futu re . Alderman Sansing moved, seconded by Alderman McCleary to r emove the amendmen t to strike t h e definition of Dust Free Surface . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Mayo r Fletcher r ecognized Alderman Stroud regarding a PowerPoint presentation . Alderman Stroud demonstrated via PowerPoint, areas in the City requiring various types of maintenance, c l eanup, and code violat i on. He also demonstrated "success sto r ies" regarding areas that formed a partnership with CDBG to improve their site. He noted that the pictur es were taken this week . Mr. Rizelle Aaron asked for a point of clarification, prefacing that the Ordinance is a "great" ordinance and that the City Council h as done an outstanding job . He then stated that they are concerned about the fine print that was added to the full ordinance when they were put together. He offered that it was an excellent amendment to the ordinance regarding search and seizure . He stated that his quest ion for clarification involves law enforcement, saying that law enforcement is busy with crimes and has enough work to do, questioning law enforcement 's involvement in Code Enforcement and are they qualified to do Code Enforcement work. City Attorney Bamburg explained tha t from the standpoint of law enforcement being invo lved, in some circumstances where Code Enforcement is implemented or attempted, it becomes a matter where law enforcement has to become involved when it turns from a Code Enforcement Officer attempting to do his job, t o a circumstance where the Code Enforcement Officer 's safety becomes questionable . He stated at that point, Po l ice are there to do their job as Police Of ficers , to serve and protect, not to check electrical wiring, HVACR, o r any other matters that Code Enforcement Officers are trained to perform . Mayor Fletcher reiterated that this is not a lot more than what is being done now. He stated that enforcement will be more diligent. He stated that to clarify the words "fine print", he would like to assure that nothing was snuck into the ordinance, it is all above board . He stated that the City is being open and honest. He stated that in reference to it being said that this Ordinance i s targeting seniors, minorities, and poor people; we are one community , and "I am the Mayor for everybody." 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7:00 P.M . - 8 :25 P .M. He stated that for citizens that need help, the City has the ability to help them . He recognized CDBG Di rec t or Theresa Wa t son, ci ting a circumstance where the City is helping a citizen with new housing needs because her home is dilapidated. He noted that many of the churches are willing to donate labor to he l p senior and handicapped citizens . He stated that there is no excuse for anyone to have t o live i n a deplorable condition, saying that we have to quit accepting "status quo" as our standard , adding that we have to raise ourselves up because no one else will. He stated that in life you are either part of the problem or you are part of the solution, and you have to make up your mind which part you are going to be . He noted the formation of a Landlord Association consisting of 100 members representing 1 ,000 properties in Jacksonville . He stated that t hose 100 members want to partner to make Jacksonville better , who represents the grass roots, from the bottom and up. He related that this Ordinance is the government working from the top down. He stated that following the implementation of the Ordinance, he wou l d like to work to create neighborhood assoc i ations to mak e neighborhood s better by setting a higher standard. He stated that many c i tizens ' greatest investment is in their house and this wi ll protec t that i nvestment . He stated that he does not have time for anyone wh o wants to be divisive rega rding this issue, as a community we are heading in th is direction and we are not going to be sidetracked . In response to a ques t i on from Mr . Jerry Reichenbach, explained that the bedroom requirements offer Code opportunity to address unsanitary and unsafe s i tuations . Mayor Fl etche r Enforcement an Alderman Stroud moved , seconded by Alderman Smith to APPROVE Ordinance 1381 on SECOND READING. ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing, Ray, Rinker , Ferrel l , Stroud, Twi tty , and Howard voted AYE. NAY (0). MOTION CARRIED. b . ORDINANCE 1384 (#27-09) AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE § 2.44 .010 (EMPLOYEE POLICY MANUAL); AND, FOR OTHER PURPOSES . Alderman Ray moved , seconded by Alderman Sansing to place Ordinance 1384 on FIRST READING. ROLL CALL : Aldermen Elliott, Smith , McCleary, Sansing, Ray, Rinker , Ferrell, Stroud, Twitty , and Howard v oted AYE. NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1384. Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1384 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing , Ray, Rinker, Ferrell, Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7 :00 P.M. 8:25 P.M . Alderman Elliott moved , seconded by Alderman McCleary to suspend the rules and place Ordinance 1384 on SECOND READING . ROLL CALL: Aldermen Elliott, Smith, McCleary , Sansing , Ray , Ri nker, Ferrell, Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1384 . Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1384 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott , Smith, McCleary , Sansing, Ray, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1384. Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1384 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker , Ferrell , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . ORDINANCE APPROVED , ADOPTED, AND NUMBERED 1384 THIS 15th DAY OF OCTOBER 2009 . c . DISCUSSION regarding Manor House Apartments Mayor Fletcher related that the property is located adj acent to Dupree Park and is currently being he ld by Fannie Mae. He exp la ined that the City had been involved in trying to obtain a lease on the property to no avail . He asked if the City Council would support efforts to secu r e the property o n a public purpose basis. He noted the advantages of being able t o address the vehicular safety hazard and improve traffic flow . He stated that securing the property would also enhance the park , which is the largest public used facility within the City . He stated that this area could be cons idered a gateway to the City , explaining that often it is the first impression visitors to ball tournaments, or Wing Ding, have of our City. He noted that this area was included in the Parks and Recreation Master Parks Plan this year. He stated that he would like for the City to secure the property and tear down the L-shaped apartment building and include the land into the Park system. He suggested tha t the City may be able to recoup some expenses through the other apartment building located on the prop erty. In response to a question from Alderman Smith, Mayor Fletcher stated that the City is in the process of obtaining an appraisal, adding that he does not feel the appraisal will come close to what Fannie Mae feels the property is worth. City Attorney Bamburg offered that there are a few options available to the City Council , explaining that the property could be considered for public purposes . He further explained that some provisions of the law allow, particularly for Parks and Recreation, for eminent domain . He stated that one of the main factors that applies to the location is t he sa fe ty issue regarding the t ra ffic hazard created at the entrance to 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7:00 P .M. - 8 :25 P .M. ourree Park , ni ···~u u U th at GitY unoinrrr Whi)[ji hi! WOI[Od on preliminary p o ssibilities of modifying the Park 's entrance to e limi nate the traff i c hazards and create a better traff ic fl ow , which in turn wi ll enhance the safety fac to r for vehi cles as well as pedestrians. He noted that with the additional p rope rty , the Ci t y would be able to deve lop a playground similar to the Marshall Smith children's playground on the other side of the entrance . He stated that the other d irection would be to approach the property from the standpoint of structural issues that exist. Alderman Sans i ng expressed h i s support for approaching the situation from the direction of public purpose , sinc e the property i s located ad j a cent to the Park and is so c l ose to the entrance. Alderman Howard moved , seconded by Alderman Stroud to grant authority to move forward with the process of eminent domain . MOTION CARRIED . DEVIATION IN AGENDA: d . ORDINANCE 1385 {#28-09) 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 OTH~R PURPOSES . Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1385 (#28-09) on the agenda . MOTION CARRIED. Al de rman Elliott moved, se c onded by Alderman Smith t o place Ordin a nce 1 385 on FIRST READING . ROLL CALL : Aldermen El l iott, Smith , McC le ary , Sansing , Ray, Rinker, Fe r rel l, Stroud, Twitty, and How a rd vot ed AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Or dinance 1 385 . Alderman S troud moved, seconded by Alderman Ray t o APPROVE Ordinan ce 1 385 on FIRST READING . ROLL CALL : Aldermen El liott , Smith, McCleary , Sansing , Ray, Rinker , Ferrell, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Alde r man Sm ith moved, seconded by Alderman Stroud to s uspend the rules and place Ord inance 138 5 on SECOND READING. ROLL CALL: Al dermen Ell i ot t, Smith, McCleary , Sansing, Ray, Rinker, Ferrell, S troud , Twitty , and Howard voted AY E . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read t h e heading of Ordinan ce 1385. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1385 on THIRD AND FINAL READING. ROLL CALL : Aldermen 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15, 2009 7:00 P.M . - 8 :25 P.M. Elliott, Smith, McCleary , Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupo n City Att o rney Bamburg read the heading of Ordinance 1385 . Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1385 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith, McC leary, Sansing , Ray , Rinker, Ferrell, Stroud, Twitty, and Howard vote d AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBERED 1385 THIS 15t h DAY OF OCTOBER 2009. e. Request to Accept Bid for Audio System in the Council Chamber Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place the bid for the Audio System on the agenda . MOTION CARRIED. In respon se to a question from Alderman McCleary, IT Barbara Daniel concurred, that the low bid is the same i n stalled t h e video system in the Chambe r. Administrator company that Alderman Smith moved , seconded by Alderman Ray to approve the low bid from Online Technologies in the amount of $24 ,121.15 with funds to be drawn from the Building, Repair , and Maintenance budget. MOTION CARRIED. APPOINTMENT(S): NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD Alderman Smith moved, seconded by Alderman Ray to approve the reappointment of Bill Thompson to the North Pulaski Waterworks Public Facilities Board for a term to expire 10/02/2012. MOTION CARRIED . A brief discussion ensued regarding motor home guidelines that ma y be further development. considerations for RV , added to the Ordin ance boat, a n d following Alderman Stroud noted that there has b een the City providing a parking oppo rtunity homes . some fo r consideration regarding RV' s, b o ats 1 and motor Alderman Smith moved , seconded by Alderman Stroud to adjourn to Executive Session at approximately 8:08p.m . to discuss a personnel matter. MOTION CARRIED . Alderman McCleary moved 1 seconded by Alderman Smith at 8 : 25 p.m. to reconvene from Executive Session . MOTION CARRIED . Mayor Fletcher announced that no fo rmal decis i ons were f orthcoming from Executive Sessio n . 8 ANNOUNCEMENT(S): CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 15 , 2009 7:00 P .M. - 8 :25 P .M. ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 8:25 p .m. MOTION CARRIED. Respectfully , 9 City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 5, 2009 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: a . Special City Council Meeting October 8 , 2009 Regular City Council Meeting October 15, 2009 Regular City Council Meet ing October 1 , 2009 Regular Monthly Report/October City Engineer Jay Whisker Regular Monthly Report/October Public Works Director Jim Oakley ORDINANCE 1387 (30-09) Issuance of Refunding & Construction Revenue Bonds (Mayor Fletcher) (available at meeting) Continuation of Public Hearing: ORDINANCE 1381 (#24-09) Third Reading : Amending JMC Chapters 8 and 16 -Nuisance Abatement policy (Mayor Fletcher & Alderman Stroud) b . RESOLUTION 636 (#15-09) Expressing willingness to utilize Federal Aid monies for the Safe Routes to School Program (Mayor Fletcher) c . Request to Accept Bid: Sidewalks for the Middle School (Mayor Fletcher) City Council A G E N D A continued : November 5 , 2009 15 . APPOINTMENTS : 16 . ANNOUNCEMENTS : ADJOURNMENT d . CDBG Consolidated Plan Update 2010 Strategic Action Plan (Info included in packet) (Mayor Fletcher) e . Renew annual Building & Contents Insurance (Mayor Fletcher) f . ORDINANCE 1386 (#29-09 ) Certifying Property Tax Liens at Various locations with i n the City (Mayor Fletcher) g. RESOLUTION 637 (#16-09) To authorize eminent domai n/p urchase of Manor House Apartments 1705 South Redmond Road (Mayor Fletcher) h. Request to approve Change Order for Loop Road Sidewalk Project (Mayor Fletcher) CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 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 November 5, 2009 at the regular meeting place of the Council . Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag . ROLL CALL: Aldermen: Elliott , Smith , McCleary, Ray , Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call . Mayor Fletcher also answered ROLL CALL declaring a quorum. PRES ENT NINE (9), ABSENT (1 ). Others present for the meeting were : City Attorney Robert Bamburg, Acting Deputy City Clerk Jennifer Martin , Director of Administration Jim Durham, City Engineer J a y Whisker , CDBG Director Theresa Watson, Finance Director Paul Mushrush , Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Police Chief Gary Sipes , Fire Chief John Vanderhoof, Wastewater Superintendant Thea Hug hes , Wastewater Manager Bob Williams, Glenda Fletcher, Nola Ferrell, Addie Gibson, Mike Wilson, Larry Smith, interested citizens, and members of the press . PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of October 15, 2009 and the special called meeting of October 8, 2009 for approval and/o r correction at the next regu larly 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 l October 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT /ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for October 2009. Said report r eflects : PERMITS/LICENSE ISSUED Building Permits Business License UNSIGHTLY & UNSANITARY Grass Letters Property Mowed Trash Letters 17 11 116 48 37 Trash Removal 4 Property Maint . Letters 43 Cos t $1,902 .24 INSPECTIONS PREFORMED Building Inspections Electrical P lumbing HVACR VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letter Structural repairs made Demo l itions 1 40 49 45 27 52 0 0 0 0 CITATIONS Debris & open storage Property maintenance 0 0 WARRANTS Arrest Search CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5 , 2009 7 :00 P.M . - 7 :36 P .M. 0 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alde rman Stroud moved, seconded b y Al derman Ra y to approve the Regular Month ly Animal Cont rol Report for October 200 9 . S ai d report reflects: ADOPTION/FI NES : $2 , 64 5 .00 CONTRIBUTIONS : $ 300 . 00 TOTAL : $2 ,945.00 ROLL CALL : Aldermen: Elliott , Smith , McCleary , Ray , Rinker, Ferrell, Stroud, Twitty , and Howard voted AYE. MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : PUBLIC HEARING ORDINANCE 1387 (#30-09) AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF BETTERMENTS AND IMPROVEMENTS TO THE WASTEWATER SYSTEM OF THE CITY OF JACKSONVILLE, ARKANSAS ; AUTHOR! ZING THE ISSUANCE AND SALE OF WASTEWATER REFUNDING AND CONSTRUCTION REVENUE BONDS , SERIES 2009, IN ONE OR MORE SERIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS ; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. Mayor Fletcher opened the public hearing at approxi mately 7 :02 p .m. Mr . Cary Smith offered a br i ef summation of the de t a ils r egarding the revenue bond issue that S t eph ens Inc . ass i sted the Wastewater Departme n t with earl i er in the week. He noted the ado p tion of Reso l u t ion 635 (#1 4- 09), a r esol ution of intent to proceed with the bond issuance , acknowledging that a majority of the bonds have now been sold . He then noted that the Sewer Commission had a dopted a re so lution today to p roceed with the b ond issue. He stated that the interest cost on the bond issue is 5 .02%, adding that the all inclusive cost interest rate worked out to be 5.05%. He re l ated that the bo n ds were underwritten and slightly over 11 mi ll ion of the 18 . 3 million were sold yesterday. He stated that the balan ce of slightl y over 7 mi llion have been placed in the i nventory at Stephens and since the balance has been worked down to around 5 million. He introduced Mr . Bill Spivey of Wright , attorney for the City. He related that Mr . that is bein g considered by the City Council Lindsey & Je nnings as bond Spivey drafted the Ordinance for adoptio n . He then noted t hat the b ond i ssue wil l be closed o n Decembe r 16 , 2009 a t the offices at Stephens, inviting City Council members to attend. He then not ed in discussion that the bonds were sold in two separate series , a taxable series and a tax exemp t series , reiterating that the blended inte r est rate was excellent . He also noted that all the bonds were sold in the State to Arkansans . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5 , 2009 7:00 P .M. - 7 :36 P.M. Mayor Fletcher closed the public hearing at approximately 7:06p.m . Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1387 on FIRST READING. Mr . Bill Spivey explained that the Ordinance will authorize the issuance of t he bond described by Mr. Smith. He stated that the Ordinance is typical of that used under these circumstances, add i ng that it sets forth the security for the bonds and creates the necessary funds, accounts, and appoints a trustee . He then related that the Ordinance also contains tax covenants for the series o f tax exempt bonds regarding those provisions that are typically used with this type of revenue bond . ROLL CALL : Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0}. MOTION CARRIED . Whe reupon City Attorney Bamburg read the heading of Ordinance 1387 . Alderman Ray moved, seconded by Alderman McCleary to APPROVE 1387 on FIRST READI NG . ROLL CALL : Aldermen Elliott, Smith, Ray, Rinker, Ferrell, St roud, Twitty, and Howard voted AYE . MOTION CARRIED . Ordi nance McCleary, NAY (0}. Alderman Stroud moved, seconded by Alderman Ray to suspend t he rules and place Ordinance 1387 on SECOND READING . ROLL CALL: Aldermen El l iott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0}. MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1387. Alderman Smith moved, seconded by Alderman McCleary to suspend the ru le s and place Ordinance 1387 on THIRD AND FINAL READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0}. MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ord i nance 1387. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1387 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rin k er , Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0}. MOTION CARR I ED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be ATTACHED to Ordinance 1387. ROLL CALL : Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0}. MOTION CARRIED . ORDINANCE APPROVED , ADOPTED, AND NUMBERED 1387 THIS 5 th DAY OF NOVEMBER 2009. FIRE DEPARTMENT : POLICE DEPARTMENT: ST RE ET DEPARTMENT : 3 SANITATION DEPARTMENT : PARKS & RECREATION : PLANNING COMMISSION : CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5 , 2009 7 :00 P .M. -7:36 P.M. GENERAL : a . CONTINUED PUBLIC HEARING regarding ORDINANCE 1381 (#24-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8 . 01 (PROPERTY MAINTENANCE) AND 8 .03 (NUISANCE ABATEMENT); 8 .20, 8.24, 8.26, 8 .28 , 8.32 , 16 .04 .010 , AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Alderman Stroud moved, seconded by Alderman McCleary to p l ace Ordinance 1381 on THIRD AND FINAL READING . ROLL CALL : Aldermen Elliott, Smith , McCleary , Ray, Rinker, Ferrell, Stroud, Twitty , and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1381. Alderman Ray moved , seconded by Alderman Howard that Ordinance 1381 be APPROVED AND ADOPTED on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Howard voted AYE . McC leary, NAY (0). Ray, Rinker, Ferrell, MOTION CARRIED . Stroud, Twitty , and ORDINANCE APPROVED , ADOPTED 1 AND NUMBERED 1381 THIS 5 t h DAY OF NOVEMBER 2009. b . RESOLUTION 636 (#15-09) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE , ARKANSAS , TO UTILIZE FEDERAL AID MONIES FOR THE SAFE ROUTES TO SCHOOL PROGRAM ; AND , FOR OTHER PURPOSES . Public Works Director Jim Oakley related that he is applying for the 2009 grant for the Safe Routes to School Program through the Ar kansas Highway and Transportat i on Department. He related that the City applied in 2007 and was awarded $120, 000. 00 as well as in 2008 the City was awarded additional monies for another school. He stated that the area involved in the grant would be around Pinewood Elementa ry on Northeastern , explaining that there are no sidewalks from Madden to T.P . White Drive . He then answered that it is a 100% grant with no City match . Alderman Elliott moved , seconded by Alderman McCleary to read Resolution 636 (#15-09). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Resolution 636 (#15-09) . c. Request to Accept Bid for sidewalks for the Jacksonville Middle School Public Works Di re ctor Jim Oakley re lated that this was the 2007 grant that was awarded to t he City, adding that the grant was through t he Arkansas Highway and Transportation Department . He p ointed out that the low bidder came in at $116,277.00, adding that the amount is totally reimbursable from the State upon completion . He stated that references regarding Red Roc, the low bidder, were good. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P .M. - 7 :36 P.M . Alderman Stroud moved, seconded by Alderman Ray to approve the low bid from Red Roc in the amount of $116,277 .00 with funds to be drawn from Street Department funds . MOTION CARRIED . d. CDBG Consolidated Plan Update and 2010 Strategic Action Plan CDBG Director Theresa Watson related that this year was considered to be an extension, explaining that while this was the scheduled yea r for the five-year plan, HUD decided to revamp the process and with stimul us funds HUD fell behind so extensions were accepted in lieu of the five -year plan. She stated that next year the five -year plan will be presented. She explained that the extension is a continuation of the goa ls established in the last five-year plan. She answered that next year in the public service portion they are going to conduct several workshops leading with a financial literacy workshop that will run for twelve weeks, as well as small business workshops, and home buyers workshops. Alderman Smith moved, seconded by Alderman Stroud to accept the Consolidated Plan Update and 2010 Strategic Action Plan. MOTION CARRIED. e. Renew annual Building & Contents Insurance Finance Director Paul Mushrush requested permission to renew the annual building and contents insurance through Hanover, quoting replacement costs of $34, 819, 822.00 worth of buildings and contents. He explained that the replacement cost has risen because of the new library. He stated that the total premium is $32 ,507.00, explaining that $29 ,036 .00 is to Hanover, while the remainder of $3,47 1.00 in premium costs would be paid , at a lower rate, to Travelers regarding machinery and equipment breakdown. Alderman Elliott moved, seconded by Alderman Smith to approve renewal of the annual building and contents insurance through Hanover and Travelers in the amount of $32,507.00. MOTION CARRIED. f. ORDINANCE 1386 (#29-09) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY 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 . Alderman Smith moved, seconded by Alderman Ray to place Ordinance 1386 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray , Rinker , Ferrell, Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1386. Alderman Ray moved , seconded by Alderman Stroud to A~~ROVE Ordinance 1386 on FIRST READING. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7 :00 P .M . -7:36 P .M. City Attorney Bamburg confirmed that the ba l ance due would include administrative charges. ROLL CALL: Aldermen Ellio t t, Smi th, Stroud, Twitty, and Howard voted AY E . McCleary, Ray, Rinker, NAY (0). MOTION CARRIED . Ferrell, Alderman Stroud moved, secon ded by Alde rm a n Ray to suspend the rules and place Ordinance 1386 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Ray , Rinker, Ferrell, Stroud, Tw i tty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the hea ding of Ordinance 1386 . Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1386 on THIRD AND FINAL READING . ROLL CALL : Aldermen Elliott , Smith , McCleary , Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordi nance 1 386 . Alderman Stroud moved, seconded by Alderman McCleary that Ordi nance 1386 be APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE. NAY (0 ). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED , AND NUMBERED 1386 THIS 5 th DAY OF NOVEMBER 2009. g . RES OLUTION 637 (#16-09) A RESOLUTION DECLARING THE EXERC I SE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE , ARKANSAS, FOR CONSTRUCTION AND DEVELOPMENT OF IMPROVED INGRESS AND EGRESS TO DUPREE PARK AND RENOVATION AND CREATION OF ADDITIONAL PUBLIC HOUSING FACILITIES ; AND , FOR OTHER PURPOSES. Mayor Fletcher sta t ed this proposition has been a long and arduous process, expressing his appreciation to City Attorney Bamburg for h is guidance . City Attorney Bamburg stated t h at following the City Council 's direction to proceed in this process, the City hired an appraiser to perform a certified appraisal on the property . He stated that originally it appeared that t he approach would be different , explaining that the possibili t y of doing an outright purchase as opposed to f orwarding through the eminent domain process. He r elated that the City submitted a contingent offer for the amount of the appraised value, which was $227, 000.00 . He expla i ned that the owners and Fannie Mae chose not to accept that offer , including proposed alternatives to provide tax benefits to the owners. He added that Fannie Mae and the owners have asked the City to part i cipate in an auct i on for the property that is scheduled for Monday. He advised that this would not be a move that 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5 , 2009 7:00 P .M. - 7 :36 P .M. would be beneficial to the Ci t y. He stated that if the Ci ty Council feels that the property is necessary f o r the Dupree Park entrance expansion and for clarifying other circumstances of public safety regarding traffic hazards, eminent doma i n would be the correct process . He explained that if the Resolution is adopted, he would file the application requesting an order for immedi ate possession. He s t ated that in order for the City t o be eligible for an order rega r ding i mmediate possession, the City wo ul d also have to post with the registry o f the Court the value that is lis t ed in the appraisal . Alderman Smith moved , seconded by Alderman Str oud to read Resoluti on 637 (#16-09) . Alderman Stroud rei t erated that there is a safety issue, noting that during the Wing Ding Festival there were between twenty-five and thirty thousand in a ttendance, pointing out that ingress and egress into the Park was a "nightmare". Mayor Fletcher added that i t wo u ld also be a major asset t o our Parks, saying that i t is a part of the Parks and Recreation Mas t er Plan. MOTION CARRIED. Whe r eupon City Attorney Bamburg read the heading of Resoluti on 637 (#1 6-09) . Alderman Ray moved, seconded by Al derman Stroud to approve and adopt Resolution 637 (#16 -09). MOTION CARRIED. h . Request to approve Change Or der for Loop Road Sidewalk Project Public Works Director Jim Oakley requested approval for a change order r egarding t he Loop Road sidewal k bid of $7, 506. 00. He stated that i t would accommodate the addit ion of 300 linear feet o f sidewalk to be p lac ed at the middle school 's new practi ce facilities. He stated that Council approval would expedite the sidewalk project , noting that there would be a 100% re imbursement from Pulaski County Road and Bridge . Alderman Elliott moved , seconded by Alderman McCleary to approve the change order as requested . MOTION CARR I ED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayo r Fletcher stated that Alderman Sansing asked that it be a matter of r eco r d that he i s in support of Ordinance 1381. Director of Adm in istration Jim Durham informed the Ci t y Co un c il that he and the n ew consultant Ricky Hayes had just returned from a networking conference in San Antonio . He re l a ted that the trip had been productive, noting contacts wi th several indi victuals crea ting b us i ness int eres t in the City of Jacksonville . He related that a monthly report from Mr. Hayes is available fo r review. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5 , 2009 7 :00 P.M. - 7 :36 P.M . He then announced that the Jacksonville Housing Authority has received a high performance score, pointing out that they are now eligible to apply for monies that previous ly they were not able to get . Mayor Fletcher announced the ribbon cutting earlier today for t he L i ghthouse Charter Schoo l . He then noted that next week there will be a groundbreaking for the Joint Education Facility . He stated that he is confident that Jacksonville will have its own school district, noting that the process is due back in court January 25, 2010 . He noted that with the passage of the nuis ance and abatement ordinance there will be citizens that will have a hard time coming into compliance, adding that he has met with as many as sixteen local ministers to c reate a ministerial alliance to work wi th disadvantage and elderly citizens who cannot always do these things for themselves. He encouraged everyone to work together, expressing appreciation for everyone's contribution to the ordinance. Alderman Ray announced that Jacksonville will be featured in the monthly magazine "Our Town " December issue published by the Municipal League. Mayor Fletcher announced that City Planner Chip McCulley has opted to take employment with a private company . He noted Mr . McCulley 's accomplishments while working for the City of Jacksonville . He offered his appreciation to City Engineer Jay Whisker, noting his increased responsibility and workload. ~OURNMENT : Without objection , Mayor Fletcher adjourned the meeting at approximately 7 :36p .m . MOTION CARRIED. Respectfully, 8 City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting November 19 , 2009 7:00p.m. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF M INUTES : 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5 . CONSENT AGENDA: 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 Counci l Meeting November 5 , 2009 Regular City Council Meeting October 15 , 2009 Special City Council Meeting October 8 , 2009 Regu lar Monthly Report/October Fire Chief John Vanderhoof Regular Monthly Report/October Po l ice Chief Gary Sipes DISCUSSION : Foxwood Country Club Partnership with City (Alderman Elliott) b . Request from Reed's Bridge Battlefield Preservation Society to purchase lot at Dennis Lane and Hwy. 161 (Mayor Fletcher) c . Presentation of the 2010 d raft budget (Mayor Fletcher) ava i lable at meeting City Christmas lighting ceremony City Hall December 3rct at 6 :30p.m. City Christmas Parade December 51h starting at 1:00 p .m . Cit~ Offices will be closed November 261 and 2ih for Thanksgiving holiday CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7 :00 P.M . - 7 :46 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The Ci ty Council of the Ci ty of Jacksonville, Arkansas met in regular session on November 19, 2009 at the regular meeting place of the Council. Alderman Smi t h delive r ed the invocation and Mayor Fletcher l ed a standing audience in the "Pledge of Al l egiance" to the flag. ROLL CALL : Aldermen: Elliott , Sm i th, McC leary, Sansing , Ray , Ferr e l l, Stroud , and Twitty, answered roll call. Mayor Fletcher also answered roll call declaring a quorum . PRESENT EIGHT (8), ABSENT (2). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper , Director of Administration Jim Durham, City Engineer J a y Whisker, CDBG Director Theresa Watson , Finance Director Paul Mushrush , Assistant Finance Director Che ry l Erkel, Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley , Human Resource Director Jill Ross, Police Chief Ga r y Sipes, Fire Chief John Vanderhoof, Glenda Fletcher, Nola Ferrell , Addie Gibson , Mike Wilson, Jim Moore , Jack Danielson , Tommy Dupree , Ted Belden , Annabelle Davis , interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor F letcher presented the minutes of the regular City Council meeting of November 5 , 2009 for approval and/or correct ion 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 15 October 2009 and the special City Council meeting of 8 October 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA : Alderman Stroud asked City Engineer Whisker to update the City Council regarding major City projects. City Engineer Whisker informed the City Council that engineers have been assigned to the City 's road projects . He related that the field work and concept designs for the Main Street st r aightening and Oneida extension have begun. He stated that Emma Street is still in concept design, explaining that the cross section affects the entire project and the engineers are waiting for further input from the City. He stated that the concept design for Main , James, and Dupree has been completed but because i t is integral with the lights and trees , the concept design is being further considered before starting on the complete des i gn. He stated that because Harris and West Main involves Federal funding, it has taken awhi le to get the contracts signed; just now the fina l contracts have been approved through the Highway Department for Federal monies. He then noted that Fire Station #4 has been completed with on l y minor items to be worked out . He related that the Police and Fire Training Facility is underway, noting that the Fire tower is currently being constructed. He added that the pad dirt work is completed and the drainage system has CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 1 9, 2009 7:00 P .M. - 7 :46 P .M. been installed. He then related that the Farmer 's Market will be bid before Christmas and should be before the City Council at the last City Council meeting of December. He related that the 911 center r equired the clearing of the front t o get a topographical survey to determine how the building will be situated . I n response t o a question from Alderman Smith , City Engineer Wh i sker stated that funds for the straightening of West Mai n were set aside from the funds that would have been used if Gravel Ridge had been annexed . REGULAR MONTHLY REPORT /FIRE DEPARTMENT Alderman Ray moved, Monthly Report for which reflects a $408,000 .00. seconded by Alderma n Stroud to approve the Regular October 2009 f rom the Jacksonville Fire Department, fire loss o f $363 ,000 .00 and a savings total of REGULAR MONTHLY REPORT/POLICE DEPARTMENT seconded by Alderman Stroud to approve the Regular October 2009 regarding 2009/2008 yearly crime Alderman Ray moved , Monthl y Report for statistical comparison . ROLL CALL : Aldermen : Elliott , Smith, Sansing, McCleary, Ray , Ferrell , Stroud, and Twitty vot ed AYE. MOTION CARRIED . WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT: ADDITION TO THE AGENDA ORDINANCE 1388 (#31-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF FIVE (5) VIDEO POLICE UNIT SYSTEMS, ACCESSORIES , HARDWARE , AND SOFTWARE FOR THE INSTALLATION IN PATROL UNITS FOR THE JACKSONVILLE POLICE DEPARTMENT; DECLARING AN EMERGENC Y ; AND FOR OTHER PURPOSES . Alderman Stroud moved , seconded by Alderman McCleary to suspend the rules and place Ordinance 1388 (#31-09) on the agenda. ROLL CALL: Aldermen Elliott , Smith , Sansing , McCleary , Ray, Ferrell, Stroud, and Twitty voted AYE . NAY (0). MOT I ON CARRIED . Alderman McCleary moved, seconded by Alderman Ray to place Ordinance 1 388 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray , Ferrell, Stroud, and Twitty voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1388 . Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1388 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith , McCleary , Sansing, Ray , Ferrell, Stroud, and Twitty voted AYE. NAY ( 0) . MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7 :00 P.M . - 7 :46 P.M. Alderman Smith moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1388 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Fe rr e ll, Stroud , and Twitty voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1388. Alderman Smith moved, seconded by Alderman Ray t o suspend the rules and place Ordinance 1388 on THIRD AND FINAL READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing , Ray, Ferrell, Stroud, and Twit t y voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1388. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1388 be APPROVED AND ADOPTED. Police Chief Sipes explained that the purchase is part of a grant received by the Police Department, adding that this wi ll allow for all the patrol cars to have video cameras. ROLL CALL: Aldermen Elliott, Stroud , and Twit ty voted AYE. Smith , NAY (0). McCleary , Sansing, MOTION CARRIED. Ray, Ferrell, Alderman Ray moved, seconded by Alderman Sm ith that the be approved and adopted. ROLL CALL: Aldermen Elliott, Sansing, Ray , Ferrell, Stroud, and Twitty voted AYE . CARRIED . EMERGENCY CLAUSE Smith, McClea r y, NAY (0), MOTION ORDINANCE APPROVED , ADOPTED, AND NUMBERED 1388 THIS 19th DAY OF NOVEMBER 2009. STREET DEPARTMENT: SANITATION DEPARTMENT : PARKS & RECREATION ; PLANNING COMMISSION: GENERAL : a. Foxwood Country Club Partnership with City of Jacksonville Mr. Ted Belden offered information to the Ci ty Council , saying that his main purpose is to explore possibilities that will ensure that the Club will remain a viable amenity and asset for the community of Jacksonville. He stated that he has owned the Club for a long time and it has been a labor of love for him, but not a financial success . He stated that the Club is a community asset, add ing that he believes the Club can provide opportunities that would be beneficial to the City to make it better. He re lated opportunities to i ncrease Club revenues , explaining that expenses are fixed . He stated that his main goa l tonight would be to ask that a task force be formed to study the issue of a partnership. He asked f or the opportunity in a smaller setting to explore and share negotiations to form a mutuall y beneficial agreement . He offered the 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19 , 2009 7 :00 P.M. -7:46 P .M. following eleven (11) points which make this opportunity a viable project. • The Golf Course would become a sustainable and viable amen i t y for the City. • It will help facilitate the attract i on and retention of new res ide n ts to the Ci ty of Jacksonville. • It will also help facilitate the attraction of new businesses to our comm unity . • This partnership would result in reduced fees for the ci tizens of Jacksonville . • An expanded park sys tem on undeveloped land (an adjo ining undeveloped 40 -acre triangular shaped property) . • He stated that as owner, he would cont i nue to make all major capital improvements to the Club under a partnership. • He stated that it would be a predetermined amount of money from the City , 20% of operating expenses. (operating expe nses 1 .2 million), add ing that as pro fits are realized that money would return to the City with an opportunity to make more than the investment. • Our children would have expanded recreational opportunities. • An attract ion t o visito r s from other comm uniti es (half of revenue is derived fr om visitors). He introduced the Foxwood Country Club staff. Alderman Stroud stated that originally he was against the proposal, adding that since then he has talked with individuals that have offered him further insight . He stated that he now bel i eves it might b e a good opportunity, but considering what happened in Sherwood with their golf course, he believes there needs to be more feedback from the citizens . He stated that he would be in support of further discussions , suggest i ng that it be tabled pending further input from citizenry. Alderman Smith concurred with tabling the proposal currently, offering his support for the formation of a committee. Mr. Belden then concurred that the Ci ty contribution would be approximate l y $20 0 ,000 a nnually . He re iterated his support to have the proposal studied under committee with citizenry input. Alderman McCleary concurred support for the formation of a committee in order to make an informed decision. Mayor Fletcher reminded the City Council be ing offe r ed tonight, noting that Mr. resolve the matter shortly. that the preliminary budget is Be lden is probably wanting to Mr . Belden offered that he fee l s it needs to be discussed and put into the budget for this year. He stated that he feels it is a p riority and would like to see it be worked out. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P .M. - 7 :46 P .M. Mayor Fletcher stated that the budget being presented is a balanced budget, reminding the City Council that if they choose to make a new expenditure then the budget would have t o be amended in other areas. He stated that in order to add this line item expense, other items would have to be removed. Mr. David Krenn of Sioux Trail in the Northwood Subdivision, related that his property backs up to the Count ry Club property. He stated that he and his neighbors have expressed concerns regarding the work that Mr. Belden is doing now. He continued saying that it seems Mr. Belden has igno red them, regarding cleaning up the property along with drainage issues . He stated that while he has not been a good neighbor to residents of the Subdivision; he wants the City to come forward and hand him money. He stated that he does not feel that to be a good partnership because Mr . Belden has not stepped up to help out with the problems he created regarding flooding and water runoff. He stated that he is aware that the City has spoken with Mr . Belden regarding the sit uation . He stated that befo re Mr . Belden sho uld expect anything for the Country Club, he should step up and clean up the situation that is affecting the residents behind the Club. He related that he was unable to mow his yard on four occasions be cause of standing water from the runoff. He stated that there are big pi le s of brush, which have brought problems with raccoons, possums, snakes, and rats. He stated that he would like to see Mr. Belden correct the situation he created before the City hands him money . Mr. Phillip Car l isle stated that the Golf Cl ub has a first class golf course, comparable to any city, adding that it is an amenity to be proud of . He continued saying that t he golf course is a huge asset to the City. He sta t ed that more out of town visitors come and spend money at the Golf Club t han he surmises is spent for the Museum or the Reed's Bridge Battlefield . He stated that he feels that it would be a great asset to the Parks and Recreation system . Alderman Twi tty stated tha t she does believe it is an asset to the City , warning that if it does not remain in Jacksonville, it might move to Cabot. Alde r man Ray offered to wo r k with a committee , along with representation fr om the Parks and Recreation Department, to study the feasibility. Discussion ensued and Aldermen Elliott, Smith , and Ray volunteered to serve on a subcommittee of the City Council to address a study regarding a partnership between the Foxwood Coun try Club and the City of Jacksonville. Mr . Jim Moore stated that he is not sure it is a good ideal for the City to enter into a partnership with a private enterprise such as Foxwood Country Club and expend taxpayer monies when there are so many other 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19 , 2009 7:00 P.M . -7:46 P.M . needs in the City more pressing to be addressed . He cited that there are streets that need to be paved, and sidewalks tha t are no t ADA compliant . He stated that additional updated equipment is needed for Fire and Police. He stated that if a committee is formed there needs to be other individuals besides City Council members, noting that two of the Aldermen live in Foxwood. He then answered Mayor Fle tcher that he would vo lunteer to serve on a committee. Jim Moore, Annabelle Davis, David Krenn, Parks and Recreation Director Kristen Griggs, and Parks and Recreation Commissioner Bobby Alton, and Ted Belden were added as members to the committee . Alderman Ferrell volunteered to serve. Alderman Smith moved, seconded by Alderman McCleary to table the proposal and form a Comm i ttee . MOTION CARRIED. b . Request from Reed 's Bridge Battlefield Preservation Society to purchase lot at Dennis Lane and Hwy. 161 Mr. Tommy Dupree addressed the City Council, explaining that the Reed's Bridge Battlefield Preservation Society is asking for the City to set aside funds in either this year 's budget or the next to acquire the corner lot at Dennis Lane and Hwy. 161, across from the Fire station and the Entergy transmission station . He stated that the Society believes the lot would be a good area for parking. He noted issues of tra ffic congestion regarding last year 's re-enactment, adding that there will be a full re -enactment in October of 20 10. He answered that the lot is li sted for $20,000.00, explaining that the lot is 145 ' X 85'. Alderman Sansing called for Mr. Dupree and Mr . Belden to take note t hat the City revenues are down; pointing out that the proposed budget for 2010 is approximately $250,000 less than the previous year . He recalled that on July 16 , 2009, the City Council approved $32,000 to the Reed 's Bridge Battlefield Preservation Society to purchase requested property . He noted the parking problem but pointed out that there is a large area available at the substation that was underutilized during the last re - enactment, which should be ful l y utilized to have safe parking . He stated that he does not like the fact that they hav e come back to the City Council twice in the same year, during a downturned economy and the City needs to be more concentrated on giving the taxpayers thei r money's worth and their money back. He stated that the company he works for has had multiple layoffs of 300 employees this year, saying that this is what the working people have to deal with . He stated that he sometimes believes there are people in this town who have their heads in the clouds and do not real ize exactly what the economic situation i s. He stated that he believes there are a l ot of citizens in the Ward he represents that are worried about what is happening week to week. He added that h e does not favor the request and f eels that the timing is very poor . He stated that he feels the request is insensitive . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19 , 2009 7 :00 P.M . -7:46 P.M . Mr. Dupree noted that the Reed 's Bridge Battlefield Preservation Society is trying to promote business for the community, anticipating that visitors will come to area, attend these events, stay in the area, and spend money; which would be a positive for the City. Alderman McCleary stated that when the $32,000 was approved in July, it was his understanding that they would not need any further funding for some time. He continued saying that it was his understanding that the Reed's Bridge Battlefield Preservation Society was going to perform a lot of the work in-house. He added that he wo uld like to see more progress before they come back asking for more money. He stated that in these economic conditions $20,000 is a lot of money, even if it does not seem so. Alderman Ray stated that he is one of the supporters of the Reed 's Bridge Battlefield Preservation Society, noting that t h ere has been a lot of work in the area . He stated that someone is always working even on the weekends. He stated that the Reed's Bridge Battlefield Preservation Society appreciates the money that the City Council h as appropr i ated and the Society is working to shore the site up, noting that i t is on the National Registry. He stated that it is going well and is a viable entity for the City . Alderman Stroud noted that he understands when property becomes available they would want to purchase, and so far every t ime the City Council has helped with those requests. He added that as a member of t h e Advertisi n g and Promotions Commission he is aware they are asking for money from them . He stated that the last lot purchased was overpriced, but with a $10,000 grant the City added $32,000 , a nd now yo u want $40,000 from the A&P Commission to repair the rock house. He stated that as an A&P Commissioner, he is not going to vote in favor of that request. He stated that the economy is in t rouble, noting that Verizon just made an announcement that they are going to start laying off employees. Mr . Jack Danielson stated that it is the desire of the Reed 's Br idge Battlefield Preservation Society to purchase property as it become s avail able but they are not privy to the City's financial commitments o r any situations in respect to cash flow. He explained that they were making the City Council aware of the opportunity and can appreciate the position of the City Counci l regarding budgets. Mayor Fletcher recited circumstances regarding the col lec tions of Sales Tax revenues, explaining that ther e is a definite downturn in the economy; noting that people are not making major purchases and there is no definite job security . He stated that he has no reason to believe that the following month or even the Christmas season will be a ny better. He stated that he cannot see how it can be f unded through this budget unless the City Council directs that something else in the budget be cut. 7 c . Presentation of the 2010 Budget CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 19, 2009 7:00 P.M . - 7 :46 P .M. Mayor Fletcher announced that the preliminary operating budget for 2010 has been made available to the City Council members, aski ng them to take the following tw o weeks to study the budget and be prepared to make recommendations at the next regularly schedu led City Council meeting of December 3rd . APPOINTMENT(S): ANNOUNCEMENT (S) : Mayor Fletcher announced that the Christmas lighting ceremony will be held December 3rd at 6:30 p .m . at City Hal l. He then announced that the Christmas parade will be December 5 t h starting at 1 :00 p.m. He noted that City offices will be closed November 26t h and 27th for the Thanksgiving holiday . Alderman Smith , as a resident of Foxwood Subdivision, removed himse l f from serving on the Foxwood Country Club committee. Mayor Fletcher appointed Aldermen Howard and Rinker to serve on beha l f of their Wards . Jean Williams , a resident on Stevenson Street, offered to serve . She then requested that the Ci ty investigate circumstances with a dip in her street following repairs . Mike Wilson noted that comparisons in the P ol ice Department report indicate that percentages are down regarding b u rglary and theft. He commended Mayor Fletcher, Chief Sipes, and the Department for t heir progress . ADJOURNMENT : Without objection , Ma yor Fletcher adjourned the meeting at approximately 7:46p .m. MOTION CARRIED . 8 1. OPENING PRAYER: 2. ROLL CALL: 3. PRESENTATION OF MINUTES: City Council of Jacksonville , Arkansas AGENDA Regular City Council Meeting December 3, 2009 7:00 p.m. Special City Council Meeting November 19, 2009 4. APPROVALS AND/OR CORRECTION OF MINUTES: Regular City Council Meeting November 5 , 2009 5. CONSENT AGENDA: 6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8. FIRE DEPARTMENT: 9 . POLICE DEPARTMENT: Special City Council Meeting October 8, 2009 10. STREET DEPARTMENT: ----.11. SANITATION DEPARTMENT: 12. PARKS & REG. DEPT: 13. PLANNING COMMISSION : 14. GENERAL: 15. APPOINTMENTS: 16. ANNOUNCEMENTS: - ADJOURNMENT a. ORDINANCE 1389 (#32-09) Modifying and amending JMC §14.08.130 Assembly during certain hours in City parks prohibited (Mayor Fletcher) Request to accept bid : Uniform Rental Service (Mayor Fletcher) b. Request to accept bid: Mat & Towel Service (Mayor Fletcher) c. RESOLUTION 638 (#17 -09) Authorizing City Clerk to destroy specified City Departmental records (Mayor Fletcher) Christmas lighting ceremony December 3rd 6 :30p.m. at City Hal l Christmas Parade December 51h starting at 1:00 p.m. on Main Street Christmas Open House December 11th 11:30 to 2:00p.m. at City Hall CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 3 , 2009 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 December 3, 2009 at the regular meeting place of the Council . Alderman Howard delivered the invocation and Mayor Fletcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen : Elliott, Smith , McCleary, Ferrell, Stroud, Twitty, and Howard answered rol l also answered ROLL CAL L declaring a quorum. PRESENT Sansing, Ray , Rinker , call. Mayor Fletcher TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg , Director of Administrat i on Jim Durham , City Engineer Jay Whiske r , CDBG Director Theresa Watson, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Parks and Recreation Director Kristen Gr i ggs , Public Works Di rector Jim Oakley, Human Resource Direct or Ji ll Ross, Police Chief Gary Sipes, Fire Chief John Vanderhoof , Glenda Fletcher , Marie Fletcher, Darlene Durham, Beverly Elliott, Nola Ferrell, Addie Gib s on, Mike Wilson , Jim Moore , Jean Williams, interested citizens, and members of the press . PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of November 19, 2009 f or approval and/or correction at the next regularly schedu led City Council meet i ng. APPROVAL AND/OR CORRECTION OF MINUTES : Alderman Smith moved, seconded by Alderman Howard that the minutes of the regular City Council meeting of 5 November 2009 and the special City Council me e ting of 8 October 2009 be APPROVED . MOTION CARRIED . CONSENT AGENDA : WATER DEPARTMENT : WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : STREET DEPARTMENT : SANITATION DEPARTMENT : PARKS & RECREATION : ORDINANCE 1389 (#32-09) AN ORDINANCE MODIF YING AND AMENDING JACKSONVILLE MUNICIPAL CODE §14.08.130 ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Parks and Recreation Director Kristen Griggs related that most of the comp l aints are concerning the Northlake and Gal l oway Parks , noting that visibility inside those Parks are limited. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 3, 2009 7:00 P .M. -7:17 P.M . Alderman Smith moved, seconded by Alderman McCleary to place Ordinance 1389 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferre l l, Stroud, Twitty, and Howard voted AYE. NAY (0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1387. Alderman Stroud mo ved, seconded by Alderman Sansing to APPROVE Ordinance 13 8 9 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howa r d voted AYE. NAY ( 0 ) . MOTION CARRIED. Alderman McCleary moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1389 on SECOND READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray/ Rinker , Ferrell 1 Stroud, Twitty, and Howard voted AYE. NAY (0 ). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1389. Alderman Sansing moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1 389 on THIRD AND FINAL READING . ROLL CALL: Aldermen Elli o tt, Smith, McCleary , Sansing , Ray, Rinker , F errell , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1389. Alderman Smi th mo ved, seconded by Alderman Ray that Ordinance 1389 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Sansi n g, Rinker, Ferrell, Stroud, Twitty, and Howard v o ted AYE . NAY (0). MOTION CARRIED . Alderman CLAUSE be Ray moved, ATTACHED seconded by Alderman Sansing that the to Ordinance 1389. ROLL CALL: Aldermen EMERGENCY Elliott, Smith, McCleary , Ray , Rinker, Ferrell , Stroud, Twitty, and Howard voted AY E . NAY (0). MOTION CARRIED . ORDINANCE APPROVED 1 ADOPTED , AND NUMBERED 1389 THIS 3 rd DAY OF DECEMBER 2009 . PLANNING COMMISSION : GENERAL: a. Request to accept bid for Uniform Rental Service Alderman Ray moved, seconded by Alderman Howard to accept the low bid from Cintas Corporation . MOTION CARRIED . b. Request to accept bid for Mat & Towel Service Mayor Fletcher noted that Cintas is also the recommended bidder for this bid, pointing out that Cintas is 0.16 higher than the low bidder, b u t it is felt that the difference does not warrant a change in service . 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 3 , 2009 7:00 P .M. -7:17 P .M. Alderman Smith moved, seconded by Alderman Stroud to accept the low bid from Cintas Corporatio n in the amount of $961.46 and reject the low bid from G&K Services in the amount of $961 .30 . MOTION CARRIED . c . RESOLUTION 638 (#17-09) A RESOLUTION AUTHORIZING THE CITY CLERK TO DESTROY SPECIFIED CITY DEPARTMENTAL RECORDS; AND, FOR OTHER PURPOSES . Alderman Elliott moved , seconded by Alderman McCleary to read Resolution 638 (#17-09). MOTION CARRIED . Whereupon City Attorney Bamburg read the h eading of Resolution 638 (#17-09). Alderman Ray moved , s e conded by Alderman Smith to approv e Resolution 638 (17-09) in its entire t y . MOTION CARRIED. ADDITION TO AGENDA: MANOR HOUSE APARTMENT S Alderman Stroud moved, seconded by Alderman Smith to suspend the rules and place discussion r egarding the Manor House Apartments on the agenda . MOTION CARRIED. City Attorney Ba mburg related that in order to resolve ongoing issues regarding the condemnation, the City has been in discussions with the owners and their representatives. He explained that in t h at process t h e owners have presented information indicating the val u es they bel i eve to be more appropriate for the property than what the City h ad presented in its appraisal. He stated that through back and forth negotiations prior to the auction, the recommendation is for the City Counci l to resolve this issue by authorizing an additional $45,000.00 in value to the property. He explained that this would be in addition to the $227,000 .00 that was posted with the court registry, offering a total of $272,000.00 for the property. He stated that if funds are made a v ailabl e it is hoped that the City could get an immediate order as soon as tomorrow or Monday. He noted that he is aware the City has bids scheduled later in t he month for the demolition of this property as well as others. He stated that it could be possible to see the property demolished before the end of the year . Alderman Elliott noted and City Attorney Bamburg concurred , that if the issue goes through the courts a third appraisal might make the property much more costly . City Attorney Bamburg then offered that the appraisal offered by the owners to the court during the foreclosure action was $570,000.00. He stated that obviously the City does not agree with that appraisal. He stated that while the City does not agree it was presented by a qualified appraiser, adding tha t it would be information p r esented to subs t antiate 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 3 , 2009 7 :00 P.M. - 7 :17 P .M. their concept of what they feel the value of that property is worth. He stated that this would become a factor for any type of court action, also noting that any court action would further delay the project. Mayor Fletcher noted that City Attorney Bamburg had represented the City in June during the auction and on behalf of the City offered $375,000.00, pointing out that we have an opportunity three months later to obtain the property for approximately $100,000.00 less than we would have paid in June. Alderman Howard moved, seconded by expenditure of $45,000 .00 to secure Apartment property. Alderman Stroud to possession of the approve an Manor House City Attorney Bamburg noted that Finance Director Paul Mushrush has indicated that there are funds available in the Contingency line item to cover the expenditure. Alderman Smith noted that any further appraisals could raise the value of the property, since part of the appraisal ~s contingent on other properties recently sold in the past few months . City Attorney Bamburg concurred for Alderman Sansing that this additional expenditure would conclude the business and purchase for the City. Finance Director Paul Mushrush assured the City Council that funds are available for the expenditure . At this time MOTION CARRIED. APPOINTMENT (S) : ANNOUN CEMENT ( S) : ORDINANCE 13 81 Mayor Fletcher related that the City has issued warnings on cars that are parked on City streets, noting that it has become a volatile issue for citizens. He stated that he would like to reiterate that the Ordinance addresses circumstances of permanent parking on the streets , clarifying that it is not directed at temporary parking such as visitors to a residence . He invited anyone with questions to call City Hall and have those questions addressed with his office, Director of Administration Jim Durham, or City Engineer Jay Whisker . He stated that the City is working with citizens to resolve issues . He stated that while many people have called in irate , after further clarification many citizens are grateful for the efforts to improve the City. He stated that parking on City streets is only one aspect to the Ordinance which addresses a bigger picture of improvement for the City of Jacksonville . He stated that because December visitors because of Christmas, is a month for a moratorium is 4 increased residential being placed on the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 3 , 2009 7:00 P .M. - 7 :17 P.M . pa r king regul ations of the Ordinance until the f i rst o f the year, to offer citizens an opportunity to become accustom to t h e requirements . He noted that this would offer citizens addi tional time to bring the i r circumstances int o compliance for the first of the year . Alderman Smith noted the possibility of amending the Ordinance to further define the type of stree t parking t h a t is p r ohibited. 2010 BUDGET Mayor Fletcher opened the floor for questions regarding the budget, expl aining that normal ly the City passes the budget at the fina l meeting of the year . He noted that this offe r s additional t i me regarding public input. Mayor Fle t cher a n nou nced that t he Chr i stmas Parade wi l l be this Sa t urd ay , December 5th beginning at 1:00 p .m . Christmas Open House wil l be held at City Hall Fri day, December 11 th from 11 :3 0 a.m. to 2:00p.m. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at a pprox imately 7:17p.m. MOTION CARRIED. Respectfully, k-Treasurer 5 City Council of Jacksonville , Arkansas AGENDA Regular City Council Meeting December 17 , 2009 7:00p.m. 1. OPENING PRAYER: 2 . ROLL CALL: 3 . PRESENTATION OF MINUTES: 4 . APPROVALS AND/OR CORRECTION OF MINUTES: 5. CONSENT AGENDA: Fire Department: Engineering Department: Animal Control: Police Department: -6. WATER DEPARTMENT: 7. WASTEWATER DEPARTMENT: 8 . FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10 . STREET DEPARTMENT: 11 . SANITATION DEPARTMENT: 12. PARKS & REC. DEPT: 13 . PLANNING COMMISSION : 14. GENERAL: a . Special City Council Meeting December 3 , 2009 Regular City Counci l Meeting November 19 , 2009 Regular Monthly Report/November Fire Chief John Vanderhoof Regular Monthly Report/November City Engineer Jay Whisker Regular Monthly Report/November Public Works Director Jim Oakley Regular Monthly Report/November Police Chief Gary S ipes ORDINANCE 1390 (#33-09) Amend i ng JMC § 9 .50 Imposing an addition fee For traffic and criminal w arrants and orde rs (Mayor Fletcher) ORDINANCE 1393 (#36-09) Reclassifying property located at 216 North James Street (Mayor Fletcher) b . ORDINANCE 1394 (#37-09) Reclassifying property located at 905 South Oak Street (Mayor Fletcher) c . FINAL PLAT: Tract A , Brewer Commercial Park (Mayor Fletcher) (plat included in packet) a. ORDINANCE 1391 (#34-09) Amend and modify JMC § 2 .50 .050 Health and Safety Manual (Mayor Fletcher) Regular City Council AGE No A December 17, 2009 GENERAL continued: 15 . APPOINTMENTS: 16 . ANNOUNCEMENTS: ADJOURNMENT b. ORD INANCE 1392 (#35-09) 2010 Fiscal Budget (Mayor Fletcher) c. PRESENTATION : Update on City Capital Projects (Mayor Fletcher) City Hall will be closed December 24th and 25th for Christmas Holiday City Hall will be closed January 1, 2010 for the New Year's Holiday CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P .M. - 7 :54 P .M. REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE The City Council of the City of Jacksonville , Arkansas me t in Regular Session on December 17, 2009 at the regul ar meeting place of the Council . Alderman Howard delivered t he invocation and Mayor F letcher led a standing audience in the "Pledge of Al l egiance" to the flag. ROLL CALL: Aldermen : Elliott , Smith, McCleary , Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call . Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham , Fi re Chief John Vanderhoof, Police Chief Gary Sipes, IT Systems Administrator Barbara Daniel, Finance Director Paul Mushru sh, Assistant Finance Direct or Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross , City Engineer Jay Whisker , CDBG Director Theresa Watson, Parks and Recreat i on Director Kristen Griggs, Mrs . Glenda Fletcher, Mrs . Marie Fletcher, Mrs . Addie Gibson, Mrs . Nola Ferrell, Mr . Jim Mo ore, Mr . Mike Wilson, interested citizens, and members of the press . PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regu l ar City Council meeting of December 3, 2009 for approval and/or co rrection 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 19 November 2009 be APPROVED . MOTION CARRIED. CONSENT AGENDA : REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Elliott to approve the Regular Monthly Report for November 2009 from the J acksonville Fire Department, which reflects a fire loss of $3,000 .00 and a savings t otal of $451,000 .00 . REGULAR MONTHLY REPORT/ENGINEERING DEPARTMENT Alderman Ray move d, seconded by Alderman Ell iott to approve the Regular Monthly Report for November 2009. Said report reflects: PERMITS/LICENSE ISSUED Building Permits Business License 1 8 9 INSPECTIONS PREFORMED Building Inspe ctions Electrical Plumbing HVACR 1 36 40 32 27 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2009 7:00 P .M. -7:54 P .M. UNSIGHTLY & UNSANITARY Grass Letters 0 Property Mowed 16 Trash Letters 33 Tr ash Removal 5 Property Ma i n t . Letters 35 Cost $ 870 .00 CITATIONS Debris & open storage Property maintenance 0 0 VEHICLES Notice of Noncompliance Towed CONDEMNATIONS Structural Maint . Letter Structural repairs made Demolition s WARRANTS Arrest Search REGULAR MONTHLY REPORT/ANIMAL CONTROL 22 3 0 0 0 0 11 Alderman Ray moved, seconded by Alderman Elliott to approve t he Regu l ar Monthly Animal Control Report for November 2009. Said report reflects : ADOP T ION/FINES: $2 ,885 .00 CON TR IBUTIONS : $ 0. 00 TOTAL : $2,885 .00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Al derman Ray moved , seconded by Alderman Elliott to approve the Regular Monthly Report for November 2009 regardin g 2009/2008 yearly crime s t a t istical comparisons. ROLL CALL: Aldermen : Elliott , Smith, McCleary , Sansing, Ray , Rinker, Ferrell, Stroud , Twitt y, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT : FIRE DEPARTMENT : POLICE DEPARTMENT : ORDINANCE 1390 (#36 -09) AN ORDINANCE AMENDIN G JACKSONVILLE MUNICIPAL CODE §9. 50 TO IMPOSE AN ADDITIONAL TWENTY-FIVE DOLLARS ($25.00) FEE FOR ALL TRAFFIC AND CRIMINAL WARRANTS(S) AND/OR ORDERS(S) OF ARREST SERVED BY OR THROUGH THE JACKSONVILLE POLICE DEPARTMENT FROM ANY COURT OF PROPER JURISDICTION, INCLUDING THE JACKSONVILLE DISTRICT COURT ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES. City Attorney Bamburg clarified that twenty-five dollars is not the maximum amount allowed by State law , it was discussed that a twenty-five dollar fee is a fair and reasonable amount. Al derman Smith moved, seconded by Alderman McC l eary to place Ordinance 1390 on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, McCleary , Sansing, Ray, Rinker, Fer r ell, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o f Ordi nan c e 1 390. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2009 7 :00 P.M . -7:54 P.M . Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1390 on FIRST READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing to rules and place Ordinance 1390 on SECOND READI NG . suspend the ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1390 . Alderman Stroud moved, seconded by Alderman Ray to suspend the rul es and place Ordinance 1390 on THIRD and FINAL READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1390. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1390 be APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0 ). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Sansing that t he EMERGENCY CLAUSE be attached, approved , and adopted . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED , ADOPTED AND NUMBERED 1390 THIS 17 th DAY OF DECEMBER 2009. STREET DEPARTMENT : SANITATION DEPARTMENT: PARKS & RECREATI ON : PLANNING COMMISSION : a . ORDINANCE 1393 (#36-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JAC KSONVILLE , ARKANSAS (GENERAL LOCATION : 216 NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES . Alderman Ray moved, seconded by Alderman Sansing to place Ordinance 1393 on FIRST READING. City Engineer Jay Whisker explained that the current use of the property is residential and the homeowner is requesting a rezoning in order to be able to apply for a mortgage. He noted that the Planning Commission recommended the rezoning from commercial to residential . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray , Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P .M. -7:54 P .M. Whereupon City Attorney Bamburg read the heading of Ordinance 1393 . Alderman Stroud moved, seconded by Alderman Smi t h to APPROVE Ordinance 1393 on FIRST READING. ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by A lderman Sans ing to suspend t he r ules and place Or dinance 1393 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howa rd voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1393 . Alderman Sansing moved, seconded by Alderman McC lea ry to suspe nd t h e ru les and pla ce Ordinance 1393 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sans ing, Ray, Rinker, Ferre l l, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1393. Alderman Sansing moved, seconded by Alderman Howard that Ordinance 1393 be APPROVED AND ADOPTED. ROLL CALL : Alderme n Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1393 THIS 17th DAY OF DECEMBER 2009. b. ORDINANCE 1394 (#37 -09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION : 905 SOUTH OAK STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Al derman Sansing to place Ordinance 1 39 4 on FIRST READING. City Engineer Jay Whisker stated that thi s i s the property formerly known as the "Tayl or Property", located at South Oak and Highway 161, exp lain ing that the property consists of appr oxima t e ly 14 acres . He related that t he land is being spl it between the property with a h ouse on the north end and the south 12 acres that t he Church is requesting for r ezoning . He sta t ed that the tract of land t o the north is the next i tem for consideration, which is being proposed as a final plat. He n oted that the Planning Commission is recommending the rezoning and final plat of the adjacent tract . Alderman Stroud stated that often is seems t he City is going against its Master Plan , adding t hat he is not sure a church is the best u s e for this property . He related that he would defer to the expertise of the 4 -- - CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P .M. -7 :54 P .M. Planning Commissionr saying that it bothers him that we stray from the Master Plan that was adopted for the City . He stated that he is not voting against this proposal but advised that the City needs to be more cautious regarding arbitrarily going against the Master Plan . City Attorney Bamburg clarified that the use of a church can fit int o almost all the zoning classifications . ROLL CALL : Aldermen Elliottr Smith, McCleary 1 Sans i ng 1 Ray 1 Rinker 1 Ferr ellr Stroud r Twitty r and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1394. Alderman Stroud movedr seconded by Alderman Smith to APPROVE Ordinance 139 4 on FIRST READING . ROLL CALL: Aldermen Elliottr Smith 1 McCleary 1 Sansingr Rayr Rinkerr Ferrell 1 Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Alderman Ray moved , seconded by Al derman Stroud to rules and place Ordinance 1394 on SECOND READING . suspend the ROLL CALL : Aldermen Elliott r Smith , McCleary , Sansing, Ray, Rinkerr Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading o f Ordinance 1 394. Alderman McCleary moved, seconded by Alderman Ray to suspend the rul es and place Ordinance 1394 on THIRD and FINAL READING. ROLL CALL : Aldermen Elliott, Smith, McClearyr Sansing r Ray, Rinkerr Ferrellr Stroud 1 Twitty 1 and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1394 . Alderman Ray moved, seconded by Alderman McClea r y t h at Ordinance 1394 be APPROVED AND ADOPTED. ROLL CALL: Al dermen El l iott r Smith 1 McCleary , Sansingr Ray, Rinkerr Ferrellr Stroudr Twittyr and Howard voted AYE . NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1394 THIS 17 th DAY OF DECEMBER 2009. c . FINAL PLAT Tract A , Brewer Commercial Park City Engineer Jay Whisker stated that this is the property that was pointed out during discussion regarding the rezoning . He related that this is the northern tract of the property just rezonedr adding that it consists of approximately 2 acres . He commented that he feels the property will eventually be deve l oped . Alderman Ray moved , seconded by Alderman Sansing to approve the Final Plat of Tract A , Brewer Commercial Park . MOTION CARRIED. GENERAL: a . ORDINANCE 1391 (#34-09) AN ORDINANCE TO AMEND AND MODIFY JACKSONVILLE MUNICIPAL CODE § 2 .50 .050 (HEALTH AND SAFETY MANUAL); AND , FOR OTHER PURPOSES . 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P.M . - 7 :54 P .M. Human Resource Director Jill Ross informed the City Council that the City of Jacksonville Health and Safety Manual has not been u pdated in approximately 10 years. She stated that this is mostly a matter of general housekeeping , explaining the addition of a new regulat i on, which prohibits texting while driving. Alderman Ray moved, seconded by Alderman Elliott to place Ordinance 1391 on FIRST READING . ROLL CALL : Al dermen Elliott, Smith, McCleary , Sansing, Ray, Rinker , Ferrell , Stroud , Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1391 . Alderman Smith moved , seconded by Alderman McCleary to APPROVE 139 1 on FIRST READING. ROLL CALL: Aldermen El liott, Smith, Sansing, Ray , Rinker, Ferrell , Stroud, Twitty, and Howard voted (0). MOTION CARRIED . Or dinance McCleary, AYE . NAY Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1391 on SECOND READING . ROLL CALL: Aldermen Elliott, Smith, McC l eary, Sansing, Ray, Rinker, Ferrell, Stroud, Twi tt y, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1391. Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1391 on THIRD and FINAL READING . ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1391. Alderman Stroud mo ved, APPROVED AND ADOPTED . Sansi ng, Ray, Rinker, (0). MOTION CARRIED . seconded by Alderman Ray that Ordinance 1391 be ROLL CALL : Aldermen Elliott, Smith, McCleary, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY ORDINANCE APPROVED, ADOPTED AND NUMBERED 1391 THIS 17th DAY OF DECEMBER 2009 . b. ORDINANCE 1392 (#35-09) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2010; 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 SANITITAION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES . Al derman Sm ith moved, seconded by Alderman Howard to place Ordinance 1392 on FIRST READING. ROLL CALL: Aldermen Elliott , Smith, McCleary, Sansing , Ray , Rinker, Ferrell, Stroud , Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1392 . 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2009 7 :00 P .M. -7 :54 P.M . Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1392 on FIRST READING . Alderman Sansing concurred with Director Mushrush t hat the budget is the same as the preliminary budget presented, and that it presents a workable outlook for 2010 . He added that he woul d like to note, for everyone with funding request, that this budget is $251 ,000.00 less than last year, saying that he is not inclined to cut anythi ng from th is budget to fund other request. Mayo r Fletcher stated that while the budget is approximately $250,000 .00 less this year, the City is going to do more with the funds available. He stated that the City is fo r tunate and blessed regarding the fa ct t hat City employees will receive a 3% raise this year. He t hen asked Finance Director Mushrush to explai n the formula for raises . Finance Director Mushrush explained tha t a City Ordinance d irects the City to conduct a survey every two years to determine t he competitive market prevailing rate regarding employee posit ions and directs the City with funds available to move those positions toward target . He demonstrated that as the City moves towa r d the midpoi nt , the midpoint also escalates . He stated that this strategy keeps the City of Jacksonville competitive in the market. He related that 40 % of City employees are over the midpoint f or their positions, and 60% are under the midpoint . He noted that the interesting ana l ogy is that those percentages follow the longevity curve. He concurred that in comp a rison to what other cities are able to offer this year, it brings the City of Jacksonville much closer to prevailing rat es, which makes us more competitive . He then concurred with Alderman Stroud that there is an inherent cost of t raining employees and them moving e mployment to another city. Alderman Smith noted that since the City has implemented the two -year salary study, retention has improved greatly . F inance Director Mushrush noted that the salary study is due to be performed again next year . Alderman Ferrell stated that he could offer from a p rivat e sector v iew, that Ashland Chemical operates the same way, dete rmining the high, low and targeting the midpoint. He stated that this strategy works well, offering them the opportunity to attract and keep talent. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17, 2009 7:00 P .M. -7:54 P .M. Finance Director Mushrush noted that the Ci ty of Jacksonvil le bene fi t package bolsters and helps close the gap to midpoint . ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED . Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1392 on SECOND READING . ROLL CALL: Aldermen E l liott, Smith, McCleary, Sansing , Ray, Rinker, F errell, Stroud, Twitty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Or di nance 1392. Alderman Stroud moved, seconded by Alderman Ray to suspend t h e rules and place Ordinance 1392 on THIRD and FINAL READING . ROLL CALL : Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1392. Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1392 be APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smith, Mc Cleary, Sansing, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alde rman Ray that the EMERGENCY CLAUSE be attached, approved, and adopted. ROLL CALL: Alder men El liott, Smith, McCleary, Sansing, Ray, Rinker, Fe rrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1392 THIS 17th DAY OF DECEMBER 2009 . ADDITION TO AGENDA : ORDINANCE 1395 (#38-09) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURPOSE OF IMPROVING DRAINAGE TO CERTAIN AREAS ALONG BAILEY STREET ; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES . Alderman Ray moved , seconded by Alderman Stroud to suspend the rules and place Ordinance 1395 (#38-09) on the agenda . MOTION CARRIED. City Enginee r J ay Whisker thanked the City Counci l for their indulgence, explaining that this matter was a public/private partnership that came about quickly . He explained that the improvement s are slated f or the area on Bailey Street just north of Main Street . He related that the mortgage building behind First Arkansas Bank and Tru st has had drainage problems for years . He s t ated that the drainage problems are in part a City issue as well as a private issue . He explained that water enters the parking lot from the .street between the mortgage building and the restaurant. He stated that the City would help by building up the road, 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7:00 P .M. -7 :54 P.M . and keeping the water on Bailey Str eet and running the water to t h e south . He stated that t here is al r eady a contract or on s i te who i s willing to use the pr i ces from a pre vi ous project , totaling approximate l y $11,900.00. He noted that the waiving of competitive bidding is for $13,000.00, explaining that City Attorney Bamburg had cautioned him that he would not be able to go over the am ount declared by ordinance, so he built a small cushion into the request . He stated that the funds would also be for c urb and gutter, adding that this project would also address a safety issue . He explained that veh icles were being parked from Bai l ey Street straight on, facing the building. He added the imp rovements would not allow for on-street parking from Bailey Street. He then noted that the distance for the cross walk will also be shortened. He answered that the City would not be paying for any private improveme n ts on the parking l ot , explaining that the Ci ty is only paying for c u rb and gutter alon g the Street as well as the apron, which is technically for the fist 100' on Hi ckory street. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1395 on FIRST READING . ROLL CALL: Aldermen El liott, Smith, McCleary, Sansing, Ray , Rinker, Ferrell , Stroud, Twitty, and Howard vo t ed AYE . NAY ( 0 ) . MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance 1395. Alderman Ellio tt moved, seconded by Alderman Stroud to APPROVE Ordinance 1395 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith , McCleary, Sansing, Ray, Rinker, Fer r ell, Stroud , Twitty, and Howard voted AY E . NAY ( 0) . MOTION CARRIED . Alderman Stroud moved , seconded rules and place Ordinance 1395 by Alderman Ray to on SECOND READING . suspend the ROLL CALL: Aldermen Ellio tt , Smith, McCleary, Sansing , Ray , Rinker , Ferrell, Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamb u rg read the heading of Ordinance 1395. Alderman Stroud moved, seconded by Alderman Smith to suspend t he rules and place Ordinance 1395 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McClea r y , Sansing , Ray, Rinker, Ferre ll , St r oud , Tw i t t y , and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attor ney Bamburg read the heading o f Ord i nance 1 395. Alderman Sansing moved , seconded by Alderman Howard that Ordinance 1395 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith , McCleary, Sansing , Ray, Rinker , Ferrell , Stroud , Twitty, and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Alderman Elliott moved, seconded by Al derman Ray that t he EMERGENCY CLAUSE be attached, approved, and adopted. ROLL CALL : Aldermen Howard , Twitty, Stroud , Ferrell, Rinker, Ray , Sansing , Mc Cleary, Smith, and E lliott voted AYE. NAY (0). MOTION CARRIED . 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P .M. -7 :54 P.M. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1395 THIS 17 t h DAY OF DECEMBER 2009 . RESUME AGENDA : c. PRESENTATION : Update o n City Capital Projects City Engineer Jay Whisker made a presentation regarding planned future projects for the City of Jacksonv i lle. Oneida Street: He explained the construction of a 300 ' bridge over Bayou Meto from Oneida coming out of North Lake . He stated that it would be a boulevard type se ction road. He noted the area known as Stone Ridge Subdivision, explaining that the City wants to incorporate Oneida going through that property and have the landowner share in that vision. He noted an area of StoneRidge that is being donated to the City for park property. He summariz ed that this project would connect North Lake directly to Jacksonville Cut-Off road, which will solve problems when flooding prevents access to North Lake. Main Street Realignment : He stated that this project would address the two 90° "Su curves on Main Street going toward Gravel Ridge . He stated that t he realignment would aga in i ncorporate a boulevard type section for separation with a green area in-between, featuring a round-a-bout . Emma Street Project : He stated that the Emma Street Project is specifically contractor driven , explaining that if and when the vacant land sells and a development is proposed, the City is making sure that designs are ava ilable for the extension of Emma Street . He stated t ha t while he is aware there are several r es i dents not i n f avor of the extension , he has explained to them t hat when traffic i ncrea se as a result of p roperty development, it wil l have to be ext ended . He noted that the extension is part of the Master Street Plan , adding that a boulevard type street has been chosen to enhance the area . Main , James, and Dupr ee Improvements: He related that the crosswal k s would be brick pave r s that will be soft cut into the asph a l t. He stated that this project would beautify the area , noting that new streetlights were chosen today . He the explained that i t would e x tend from Firestone to the churches on the other end of Main Street with the Ch amber building on the south . He noted that green spaces would be incorporated in the design, and that a significant portion of the overhead wiring would be removed . He noted that the main Entergy line on the north side of Main Street would not be able to be removed. Harris Ro ad : He related t h at this project is in the des i gn phase with Jacobs Engineering and currently a study is being conducted to determine if a round-a-bout or a traffic light wi ll be used . He noted that this particular intersection is not exactly square, explaining that a round-a- bout would help to slow traffic coming off the hill . 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :0 0 P .M. - 7 :5 4 P .M. Alderman Sansing voiced his support regarding the use of round-a -bouts in these designs, saying that they are very effectiv e in helping traffic flow. Farmer's Market : He related that the Farmer's Market would be bid next week. He noted that funds for the Farmer's Market were funds given back during Governor Beebe 's first year in office . He noted that t h e signage lettering would be l ighted , featuring an area for trucks to drive in on the side for unloading with the capability of controlling access by being raised or lowered. He noted that the del ivery of steel would take approximately 8 to 12 weeks . He then concu rred with Mayor Fletcher that once the steel arrives it would only take a few days to erect t he metal building, making it in time for the growing season. 911 Center : He related that this building wou l d be located in front of the Police and Fire Tra i ning Facility and that the land topography was just completed. He noted that the back area of the building would be constructed as a safe room with funds from the Federal government . Police and Fire Training Facility : He offered pictures of the site, noting that the beams have been poured . He stated that this project is starting to take shape with visible progress. Fire Station #4 : He stated that the pro j ect has finished and is now being occupied . He stated that this was a long project, commending the efforts of the fire personnel who helped with this project. Amendment to Ordinance 1381, Nuisance and abatement Director of Administration Jim Durham i nformed the City Council that there would be a slight amendment to the recently adopted Ordinance, explaining the need to clarify "regular" parki ng on t he street. He stated that the amendment i s directed to differentiate between visitor parking and residents that use the street as a "permanent" or "regular" parking space . He stated that the Ordinance was never intended to address visitor parking. He noted that there has been a great deal of aesthetic improvement to City streets, and the safety factor has been enhanced. He then noted that it also prepares the City for future automated curbs i de garbage pickup . He stated that he and City Engineer Jay Whisker have been responsive to calls and are working out situations of variance regarding the one driveway regulation. In response to a question from Alderman Howard, Dire ctor Durham stated that parking on sidewalks is not allowed under any conditions . Police Chief Gary Sipes issued a word of caution, noting that this is the time of year when c riminal activity spikes . He asked that residents be good neighbors and look out f or each other regarding suspicious activity within their neighborhoods. 11 CITY OF JAC KSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 17 , 2009 7 :00 P .M. - 7 :54 P .M. He then related that the Police Department has been addressing parking, especially parking on sidewalks, noting that they are issuing warning tickets . He stated that it has been effective. He added that the message is getting out that the Police Department is enforcing the laws and ordinances, making all attempts to clean up the City . Alderman Stroud acknowledged , for informational purpose, tha t the Jacksonville Landlord Association has embraced the new nuisance and aba tement Or dinance and have proposed a regi stry for Jacksonville landlords . He noted that othe r cities across the Un ited States are participating in this, saying tha t after the first of the year he would be p resenting information to the City Council in that regard . He stated that a registry would be beneficial to the landl ords, improve maintenance of properties, increase property values, and decrease criminal activity . APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher pointed out that the Animal Control Department just recently eutha n ized 80 dogs and cats, ask ing c i tizens to consider adopting a dog or cat as a Christmas present . He stated that the Shelter has many good animals that wou l d make a good Christmas present. He then announced that City Hall would be closed December 24 th and 25th for Ch ristmas and January 1, 2010 for the New Year 's holiday. ADJOURNMENT : Without o bjection, Mayor Fletcher adjourned the meeting at approximately 7 :5 4 p .m . MOTION CARRIED. Respe ctfu lly, 12