Loading...
13 JUL 02 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Council of the City of Jacksonville, Arkansas met in regular session on July 2, 2013 at the regular meeting place of the City Council. Alderman Howard delivered the invocation and Vice Mayor Elliott led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard answered roll call. Vice Mayor Elliott also answered ROLL CALL declaring a quorum. He noted that Mayor Fletcher is attending a function at the Little Rock Air Force Base and hopes to be in attendance soon. PRESENT NINE (9), ABSENT (1). Alderman McCleary arrived at approximately 7:05. Others present for the meeting were: City Attorney Robert Bamburg, Finance Director Cheryl Erkel, Police Chief Gary Sipes, IT Director Barbara McDaniel, City Engineer Jay Whisker, Director of Administration Jim Durham, Public Works Director Jim Oakley, Fire Chief Alan Laughy, CDBG Director Theresa Watson, Parks and Recreation Director Kevin House, 911 Communications Director Tabby Hughes, Code Enforcement Officer Charley Jenkins, Patrick Wilson, Johnny Simpson, Planning Commissioner Jim Moore, Glenda Fletcher, Sandra Sansing, interested citizens, and members of the press. PRESENTATION OF MINUTES: Vice Mayor Elliott presented the minutes of the regular City Council meeting of June 18, 2013 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Twitty that the minutes of the regular City Council meeting of 6 June 2013 be APPROVED. MOTION CARRIED. DEVIATION IN AGENDA: FestiVille update Parks and Recreation Coordinator Dana Rozenski updated the City Council stnd regarding the first annual FestiVille event held June 21 and 22 at Dupree Park. She offered highlights from the event, noting that Luke Williams performed Friday night. She related that the event included a fishing derby, a 5K and 1K run, as well as a volleyball tournament. She noted that plans are beginning for next year’s event. She thanked the A&P Commission for their support and funding. Mayor Fletcher arrived at approximately 7:03 p.m. Mayor Fletcher thanked Dana Rozenski for taking the lead role in event and its success. SECOND DEVIATION IN AGENDA Mayor Fletcher introduced Patrick Wilson, lead counsel working with the Jacksonville Education Foundation regarding the school issue. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. Mr. Patrick Wilson implored the City Council members to attend the State th Board of Education meeting on Monday, July 8 9:00 p.m. at the State Board of Education auditorium. He clarified that the address is Four Capital Mall at the Arch Ford Education Building located behind the State Capital. He explained that on Monday the State Board of Education is going to consider Jacksonville’s petition and request to detach the Jacksonville/North Pulaski area from the Pulaski County Special School District. He added that presumably the Board will vote on the request at that meeting. He then explained that the process would involve a few more steps such as asking the Attorney General for an opinion as to whether this would negatively impact desegregation. The City of Jacksonville will have to get permission from the Federal Judge to detach and the State Board will set an election on the question. He then informed the City Council that an order issued by the Judge today stated that they would not delay because of other issues. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: ORDINANCE 1488 (#19-2013) SECOND READING AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT THE LOCATION NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1488 on SECOND READING. Code Enforcement Officer Charley Jenkins offered an update regarding 1610 McArthur Drive, saying that there has been no discernable progress in or outside since the previous meeting when City Council first considered the property for condemnation. He stated that he has not had any communication from Mr. Hargrove and as of yesterday there has not been a building permit issued. Mr. Hargrove stated that he has been under orders from two of his doctors that his current health situation would not permit him to perform the necessary work on the house. He explained that he is trying to sell the house as well as having contacted a contractor to perform the rehab work. He stated that he is waiting on bids from two prospective buyers and a bid for the complete rehabilitation. He stated that he would like to be able to sell the house. He apologized, saying that he still has four months of treatment to complete. He stated that he has approximately $65,000 to $70,000 invested in the house and he is trying sell the house. In response to a question from Alderman Ray, Mr. Hargrove admitted that he had not contacted Officer Jenkins, saying that he did not call because he had nothing to report. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. In response to a question from Alderman Traylor, Code Enforcement Officer Jenkins stated that he presented pictures at the last City Council meeting, noting that the pictures reflect the current condition of the house. ROLL CALL: Aldermen McCleary, Elliott, Sansing, Ray, Mashburn, Twitty, and Howard voted AYE. Aldermen Traylor and Robinson voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1488 (#19-2013). Alderman Ray moved, seconded by Alderman McCleary to approve Ordinance 1488 on SECOND READING. In response to a question from Alderman Traylor, City Attorney Bamburg clarified that the Mr. Hargrove would have 30 days from the passage of the Ordinance to have the house brought into compliance. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Twitty, and Howard voted AYE. Aldermen Traylor and Robinson voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1488 (#19-2013). Alderman Mashburn moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1488 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Twitty, and Howard voted AYE. Aldermen Traylor and Robinson voted NAY (2). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1488 (#19- 2013). Alderman Ray moved, seconded by Alderman Howard that Ordinance 1488 be APPROVED and ADOPTED. Alderman Traylor questioned if Mr. Hargrove could request additional time if the project is almost completed in the 30 day period. City Attorney Bamburg stated that if the Ordinance is modified after adoption allowing for that consideration. Alderman Sansing stated that he does not feel that there is a need to attach the emergency clause at this time. ROLL CALL: Aldermen Elliott, McCleary, Ray, Mashburn, Twitty, and Howard voted AYE. Aldermen Sansing, Traylor and Robinson voted NAY (3). MOTION FAILS. Ordinance 1488 (#19-2013) will be presented for third and final reading at the next regularly scheduled City Council meeting. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. In response to a question from Mr. Hargrove regarding what he needs to do to save his house, City Attorney Bamburg instructed him to obtain a building permit from the Engineering Department and complete as much work th possible before the next City Council meeting on July 18. He explained that the Ordinance will be addressed again at that meeting. DEVIATION IN AGENDA: Update on 412 Braden and 208 Laurel In response to a question from Alderman Mashburn, Code Enforcement Officer Jenkins explained that the only improvement to 412 Braden has been that the car was removed from the residence. He then reported that st on the 31 day following the Ordinance passage, Mr. Sensing requested a dumpster for demolition of the carport area. He stated that he told Mr. Sensing that the City did not provide dumpsters for partial demolition but only when the entire house is being torn down. He then related that it is his understanding that Mr. Sensing is trying to sell the house. He reported on 208 Laurel, noting that it is owned by the Bank of Ocwen. He reminded the City Council that a representative from the Bank had stated that they would have the structure torn down, but as of yet nothing has happened. He then reported that he had contacted the representative for the N&N Snack Bar including the property located behind it and has not received an answer yet. He noted that he had been told the building would be removed by the end of June but there has not been any action. RESUME AGENDA: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: a. ORDINANCE 1492 (#23-2013) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 600 N. JAMES STREET); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Ordinance 1492 (#23-2013) was removed from the agenda. b. ORDINANCE 1493 (#24-2013) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: TRACT OF LAND OFF THE 1800-2300 BLOCKS OF GENERAL SAMUELS); AMENDING ORDINANCE NOS. 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSS; AND, FOR OTHER PURPOSES. Mayor Fletcher clarified that the property is being proposed for rezoning from M-2 to C-1 for construction of a Veteran’s Home. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. City Engineer Whisker informed the City Council that the rezoning was recommended by the Planning Commission, pointing out that the rezoning will help make that placement possible. Alderman Elliot moved, seconded by Alderman Ray that Ordinance 1493 be placed on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1493. Alderman Ray moved, seconded by Alderman Sansing to APPROVE Ordinance 1493 on FIRST READING and suspend the rules and place Ordinance 1493 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1493. Alderman Ray moved, seconded by Alderman Robinson to APPROVE Ordinance 1493 on SECOND READING and to further suspend the rules and place Ordinance 1493 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1493. Alderman Robinson moved, seconded by Alderman Ray that Ordinance 1493 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, Robinson, and Howard voted AYE. NAY (0). MOTION CARRIED. nd ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1493 THIS 2 DAY OF JULY 2013. GENERAL: a. RESOLUTION 698 (#7-2013) A RESOLUTION EXPRESSING SUPPORT AND WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS, IN APPLICATION OF AND IN FAVOR OF A NEW ARKANSAS VETERANS’ CENTER IN JACKSONVILLE; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Ray to read Resolution 698 (#7-2013). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 698 (#7-2013). Alderman Ray moved, seconded by Alderman Robinson to approve Resolution 698 (#7-2013) in its entirety. MOTION CARRIED. b. ORDINANCE 1489 (#20-2013) SECOND READING AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURCHASE OF EIGHTEEN THOUSAND (18,000) TONS OF CLASS 7 AGGREGATE FOR THE JACKSONVILLE SHOOTING RANGE PROPERTY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. Alderman Ray moved, seconded by Alderman McCleary to place Ordinance 1489 on SECOND READING. In response to a question from Alderman Traylor, Public Works Director Jim Oakley explained that quotes were taken to obtain the most favorable price. He then noted that time is a factor since the dry weather just began and the short span given to have the shooting range completed. He noted that a “haul road” had to be constructed and now construction for the parking lot needs to begin. He pointed out that this project has time restraints and they had already started hauling rock for the road. He assured Alderman Traylor that quotes were taken from all the major gravel providers and haulers. He then answered that this price was a quarter less a ton than the previous supplier when he had to go to a larger volume. Mayor Fletcher stated that the price came in less than anticipated based on previous purchases. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1489. Alderman Ray moved, seconded by Alderman Mashburn to APPROVE Ordinance 1489 on SECOND READING and to suspend the rules and place Ordinance 1489 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1489. Alderman Mashburn moved, seconded by Alderman Ray that Ordinance 1489 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be approved and adopted. In response to a question from Alderman Traylor, City Attorney Bamburg clarified that the emergency clause has more to do with the City making payment for the services or materials less than 30 days. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. nd ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1489 THIS 2 DAY OF JULY 2013. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. c. ORDINANCE 1490 (#21-2013) SECOND READING AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE TRANSPORT OF EIGHTEEN THOUSAND (18,000) TONS OF CLASS 7 AGGREGATE FILL FOR THE JACKSONVILLE SHOOTING RANGE PROPERTY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray moved, seconded by Alderman Sansing to place Ordinance 1490 on SECOND READING. Public Works Director Jim Oakley related that the volume would be approximately 800 loads of aggregate, saying that such a volume would not be able to be hauled in-house. He then answered that because of the project time frame he is proposing to use two separate hauling companies. He noted that both hauling contractors are willing to haul for the same price. City Attorney Bamburg clarified that both contractors can be used as long as the aggregate amount of $76,500.00 is not exceeded. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1490. Alderman Ray moved, seconded by Alderman Mashburn to APPROVE Ordinance 1490 on SECOND READING and to suspend the rules and place Ordinance 1490 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1490. Alderman Ray moved, seconded by Alderman Mashburn that Ordinance 1490 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Mashburn, Traylor, Twitty, and Howard voted AYE. Alderman Robinson ABSTAINED. NAY (0). MOTION CARRIED. nd ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1490 THIS 2 DAY OF JULY 2013. d. ORDINANCE 1491 (#22-2013) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURCHASE OF FORTY-THREE THOUSAND FOUR HUNDRED SEVENTY- EIGHT (43,478) SQUARE YARDS OF TENSAR (I.E. SOIL REINFORCEMENT MATERIALS) FOR THE JACKSONVILLE SHOOTING RANGE PROPERTY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. Mayor Fletcher stated that Ordinance 1491 is being pulled from the agenda, explaining that there is another process that is being considered. Alderman Elliott questioned if the Ordinance should be adopted in case the other process is deemed not feasible. He noted that if the fabric is used it has to be down before the gravel can be placed. City Attorney Bamburg clarified that the City Council has to approve whatever product is going to be purchased, adding that waiving competitive bidding cannot be waived on something that may not be purchased. Mayor Fletcher related that this process is being considered as a way to better handle the soil, explaining that the soil is spongy and they are exploring an alternative method that would better solidify the ground. He stated that it would be unfortunate to put down gravel and then have to turn around and do it again because the ground is not solid enough. He related that because the shooting range will need to last many years, we want to make sure the best method is selected regarding the characteristics of the soil. Discussion ensued regarding the urgency to waive competitive bidding for the aggregate and transport if this process is the first step. It was also noted that because of the time factor it may create a bind if the materials needed for the project are not readily available, which is a consideration for including Ordinance 1491. Mayor Fletcher stated that he would have like to have had more information on the alternative product called “Flash” but only today did it become an alternative for consideration. In response to a question from Alderman Elliott, Alderman Robinson replied that the Flash is as good as the fabric. He explained that the Flash causes a chemical process in the soil, saying that depending on how deep, it will actually set the soil up like concrete. He went on to explain that the fabric is a piece of material where you are trying to put a structural fabric between the soil and the rock, trying to keep the fabric from moving when the soil gets saturated. He stated that the Flash creates the same barrier but it is thicker and reacts to the soil. Mayor Fletcher added that when it hardens it is almost as hard as concrete. Alderman Robinson noted that he is taking Parks and Recreation Director Kevin House and Public Works Director Jim Oakley to a subdivision tomorrow where the product is being used so they can see the process. He offered that since the project site is very large, the rock can be stored onsite. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. Alderman Elliott offered that he only wanted to make sure there were no delays by not having a product in place when it might be needed, if needed. Alderman Mashburn confirmed with Alderman Robinson that he is 90% sure this product is better suited for the project site. Mayor Fletcher stated that economics are a factor, saying is the product as good, if not better, and secondly is it more economically feasible over the fabric. Alderman Robinson related that contractors who work with the material have been contacted but they have not called back yet with prices. He then added that Flash is only available from one source. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher introduced the new Principal at the Middle School saying that she wants to have the community more involved in the School. He explained that he invited her to come to the City Council meeting to make everyone aware of how they support those efforts. Principal Goodnight asked that everyone support the School by coming to the school and let the students realize that the community and their parents care. She related the importance for the students to prepare for high school, college and career readiness. She stated that Jacksonville Middle School is undertaking the serious initiative and making a turn. She stated that it is all about the education and what we can give the students to make a strong community. She stated that the students need to know that the community is expecting more. Mayor Fletcher encouraged involvement in the Middle School and the High School. He stated that both Schools have excellent principals and Jacksonville needs to support its schools. th Congratulation to Terry and Sandra Sansing celebrating their 35 wedding anniversary. City Engineer Whisker offered a brief update regarding the progress on Graham Road and the projected completion could be as late as March 2014 depending on weather and other factors. th City Hall will be closed July 4 in observance of Independence Day. th Sanitation routes scheduled for pick up on Thursday, July 4 will be th picked up on Friday, July 5. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JULY 2, 2013 7:00 P.M. – 7:56 P.M. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:56 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 10