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12 JUN 28.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 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 28, 2012 at the regular meeting place of the City Council. Alderman Smith delivered the invocation and Boy Scout Troop 128 led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman McCleary arrived at approximately 7:03 p.m. Others present for the meeting were: City Attorney Robert Bamburg, City Engineer Jay Whisker, Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Police Chief Gary Sipes, IT Director Barbara McDaniel, Human Resource Director Jill Ross, CDBG Director Theresa Watson, 911 Communications Director Tabby Hughes, Rizzell Aaron, Planning Commissioner Jim Moore, Marie Fletcher, Glenda Fletcher, Tammy Bourdo, Mary Twitty, Derrick and Autumn Evans, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of June 7, 2012 and the special City Council meeting of June 14, 2012 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Howard that the minutes of the regular City Council meeting of 17 May 2012 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for May 2012 annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Report for May 2012 from the Jacksonville Fire Department, reflecting a fire loss of $15,500 and a savings total of $492,500. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Sansing to approve the Regular Monthly Animal Control Report for May 2012. Said reports reflect: ADOPTION/FINES: $1,580.00 CONTRIBUTIONS: $ 0.00 TOTAL: $1,580.00 ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Traylor, Stroud, Robinson, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. DEVIATION IN AGENDA: GENERAL: b. ORDINANCE 1448 (#10-12) AN ORDINANCE AUTHORIZING A LOAN FOR THE COMPLETION OF CERTAIN CAPITAL IMPROVEMENT PROJECTS BY ISSUANCE OF A PROMISSORY NOTE WITH SECURITY PLEDGE; PROVIDING FOR PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE NOTE; DECLARING AN EMERGENCY; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Alderman Smith moved, seconded by Alderman Ray to approve deviation in agenda at 7:03 p.m. regarding Item b. under General Ordinance 1448 (#10-2012). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1448 be placed on FIRST READING. City Attorney Bamburg explained that Ordinance 1448 authorizes the loan documentation. Alderman Traylor noted that while Ordinance 1448 outlines the capital improvements regarding the public safety building and the addition of a safe room at the Jacksonville Senior Center, it also states “and other Capital Improvement projects”. He requested clarification regarding what the other Capital Improvement projects would be. Mayor Fletcher related that the other projects referenced were the FEMA safe room and two round-a-bouts one at West Main and Harris Road and the other is at Harris Road and General Samuels. He then noted that the Metroplan funds are already allocated for the round-a-bout project at Harris and General Samuels, so it will need to be completed. He stated that the planner agrees that round-a-bouts are least expensive and more efficient. He related serious concerns regarding school traffic at those intersections. He then noted that one of the intersection projects would be done in-house. In response to a question from Alderman Taylor, it was confirmed that of the 3.1 million dollar loan, 2.6 million would be dedicated to the public safety building. He then questioned if the “in-house” intersection project could wait rather than be included in the loan request. Mayor Fletcher stated that while the project could be placed on hold, there would still need to be some remedy for the current traffic situation. Discussion ensued regarding the City’s long-range improvement plans including making Main Street four lanes going up to Harris Road. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. Mayor Fletcher stated that traffic control at the intersection would not be affected if Main Street is straightened. Finance Director Cheryl Erkel related that 3.1 million is the credit limit, but she does not feel the loan will need to be for the full 3.1 million. She stated that if there are funds available they will use those funds rather than borrowed funds. She explained that given cash flow there is a need to borrow to complete the project, adding that only the amount needed will be borrowed. City Engineer Whisker discussed the design specifics regarding both round-a-bouts. He then answered Alderman Traylor that the round-a-bout would not interfere with plans to widen West Main to four lanes. He continued saying that the round-a-bout serves traffic better than signalization. He then added that studies conducted by Metroplan show that a round-a-bout would be a better choice for the area. Discussion ensued regarding the hours of congestion versus the cost of constructing a round-a-bout. Mayor Fletcher noted that traffic issues have been a problem for two years, adding that he would like to see it addressed before school starts next year. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1448. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1448 on FIRST READING and to suspend the rules and place Ordinance 1448 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1448. Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1448 on SECOND READING and to further suspend the rules and place Ordinance 1448 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1448. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1448 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1448 THIS 28th DAY OF JUNE 2012. RESUME AGENDA: GENERAL: a. ORDINANCE 1450 (#12-2012) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:14 p.m. With no one to speak for or against, Mayor Fletcher closed the public hearing at approximately 7:14 p.m. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1450 be placed on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1450. Alderman McCleary moved, seconded by Alderman Ray to APPROVE Ordinance 1450 on FIRST READING and to suspend the rules and place Ordinance 1450 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1450. Alderman Smith moved, seconded by Alderman Ray to APPROVE Ordinance 1450 on SECOND READING and to further suspend the rules and place Ordinance 1450 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1450. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1450 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1450 THIS 28th DAY OF JUNE 2012. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: Request to Accept bid for HVAC unit replacement Parks and Recreation Assistant Director Kevin House related that the replacement unit is for the office area at the Community Center. He then answered that two bids were received but one of the bids did not meet specifications. Alderman Ray moved, seconded by Alderman Smith to accept the bid from A-C Specialties, Inc. in the amount of $29,887.00 and reject the low bid from Service Solutions, who did not submit a bid bond. MOTION CARRIED. PLANNING COMMISSION: ORDINANCE 1449 (#11-2012) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS, (GENERAL LOCATION: 116 DENNIS LANE); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker explained that the owners are requesting to replace a site built residence with a modular home, adding that the current residence has fallen into disrepair. He related that the Planning Commission voted unanimously to rezone the property. He then answered that the immediate area is a mixture of mobile homes as well as site built dwellings. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1449 be placed on FIRST READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1449. Alderman Stroud moved, seconded by Alderman Sansing to APPROVE Ordinance 1449 on FIRST READING and to suspend the rules and place Ordinance 1449 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1449. Alderman Stroud moved, seconded by Alderman McCleary to APPROVE Ordinance 1449 on SECOND READING and to further suspend the rules and place Ordinance 1449 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1449. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1449 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1449 THIS 28th DAY OF JUNE 2012. GENERAL: a. ORDINANCE 1451 (#13-2012) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Fletcher opened the public hearing at approximately 7:22 p.m. Code Enforcement Officer Charlie Jenkins presented three properties for condemnation. He reviewed a PowerPoint presentation regarding structural defects at 127 Central Avenue, 134 Roosevelt Road, and 300 Stevenson Street. With no one to speak for or against, Mayor Fletcher closed the public hearing at approximately 7:26 p.m. Police Chief Sipes requested that the City Council amend the regulatory 60-day time period for demolition to the 30-day property maintenance regulation. He noted that an extended period of time has already been allotted to the property owners. In response to a question from Alderman Traylor, City Attorney Bamburg explained that during a condemnation process several years ago, various property owners were granted an extended 60-days to correct conditions and only one property owner met that extended time frame. He related that State statute as well as Code allows for a 30-day time frame. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1451 be placed on FIRST READING with the amendment from 60 days to 30 days. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1451. Alderman Stroud moved, seconded by Alderman Robinson to APPROVE Ordinance 1451 on FIRST READING as amended and to suspend the rules and place Ordinance 1451 on SECOND READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1451. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1451 on SECOND READING as amended and to further suspend the rules and place Ordinance 1451 on THIRD and FINAL READING. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1451. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1451 be APPROVED AND ADOPTED as amended. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be APPROVED and ADOPTED. ROLL CALL: Aldermen Smith, McCleary, Sansing, Ray, Rinker, Traylor, Stroud, Robinson and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1451 THIS 28th DAY OF JUNE 2012. c. RESOLUTION 679 (#5-2012) A RESOLUTION AUTHORIZING AGREEMENT WITH PULASKI COUNTY, ARKANSAS, FOR PAYMENT OF A PORPORTIONAL SHARE OF CERTAIN OPERATIONS AND BUILDING MAINTENANCE COSTS OF THE JACKSONVILLE HEALTH UNIT OF THE PULASKI COUNTY HEALTH DEPARTMENT; AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE AN AGREEMENT FOR SUCH; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. City Attorney Bamburg explained that the City of Jacksonville has an annual contract with the County regarding the operation of the health unit located on John Harden Drive. He related that the last contract was approved in 2007, adding that its renewal is on a five year time frame. He stated that the percentage is the same, reporting that the annual cost is approximately $2,500.00. Alderman Ray moved, seconded by Alderman Sansing to read Resolution 679 (#5-2012). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 679 (#5-2012). Alderman Ray moved, seconded by Alderman McCleary to approve Resolution 679 (#5-2012) in its entirety. MOTION CARRIED. d. Set public hearing regarding condemnation on behalf of the Water Department City Attorney Bamburg related that regarding the extension of the main that runs on the north corridor of T.P. White there is one property owner that they have been unable to secure an easement from and this will address that issue. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. Alderman Ray moved, seconded by Alderman Stroud to set the public hearing on July 19th @ 7:00 p.m. APPOINTMENT(S): ANNOUNCEMENT(S): Jacksonville Patriotic Spectacular will be held July 1st beginning at 6:30 p.m. at the Jacksonville High School football field. Mayor Fletcher noted that a burn ban for Pulaski County has been issued by the Judge so there will not be any fireworks allowed to be discharged by individuals. He added that only professional operations will be allowed to discharge fireworks because of safety concerns for the dry and hazardous conditions. Parks and Recreation is hosting Olympic Day June 28th at Excell Park beginning at 11:00 a.m. Mayor Fletcher reminded everyone that the regularly scheduled City Council meeting of July 5th has been cancelled. Ms. Celeste Williams, of #11 Collins Court, related that the Water Department made repairs in her neighborhood, explaining that her backyard was “destroyed” when they used a full-size backhoe in her backyard. She then answered Mayor Fletcher that she had not spoken to anyone at the Water Department because she wanted “it on record”. Mayor Fletcher advised that the proper avenue would be for her to take this through the Water Department before bringing it back to him if there is no resolution. Mr. Tommy Dupree announced that Reed’s Bridge received the Arkansas Heritage Award for 2005 and 2010. He went on to say that in 2011 they received the Governor’s Conference Henry Trophy. He added that he would like to see the City put more emphasis on our industry of tourism. He related promotion by the State regarding the heritage trails, noting that all four of the heritage trails come through the Jacksonville area. He responded to a comment from Mayor Fletcher that the Reed’s Bridge Preservation Society gets far more promotion from a State and National level versus the Sells Agency. He related that the area around Hwy. 161 coming from I-440 needs some work, adding that it needs to be annexed into the City. He continued saying that they need to concentrate on purchasing additional properties in the Battlefield area. He stated that the City of Jacksonville already has a tourism business; it just needs to be promoted. He stated that Helena has been cleaned up and the City of Helena is making a real tourism spot. He then noted that next year will be the 150th anniversary of the Little Rock Campaign that will start in Helena and come through Jacksonville and then on to Little Rock. He then answered that they recently received grants to purchase two cannons. He reiterated the need to purchase the remaining properties. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 28 2012 7:00 P.M. – 7:48 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:15 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer