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94 MAY 19.doc CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 INDUSTRIAL DRIVE The City Council of the City of Jacksonville, Arkansas met in Regular Session on May 19, 1994 at the regular, meeting place of the Council. Alderman Ray delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Goings, City Engineer Duane Reel, Public Works Coordinator Skip Spears, Finance Director Paul Mushrush, Economic Development Director Phil Sullivan, Police Chief Larry Hibbs, CDBG Director Tony Ply, other city employees, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 5, 1994 for study and action at the next Regular City Council Meeting. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Williamson, Keaton and Twitty answered ROLL CALL. Alderman Fletcher arrived at approximately 7:06 p.m. PRESENT TEN (10), ABSENT (0). APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Sansing that the minutes of the Regular City Council Meeting of April 21, 1994 be APPROVED. MOTION CARRIED. CONSENT AGENDA: POLICE DEPARTMENT: REGULAR MONTHLY REPORT/APRIL 1994 Alderman Wilson moved, seconded by Alderman Knight that the Regular Monthly Report of the Jacksonville Police Department be approved. Said report reflects: Computer Collections, $54,636.68, Miscellaneous Payments $1,915.50, Report Copies $442.75 for a total Collections of $56,994.93. ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. FIRE DEPARTMENT: REGULAR MONTHLY REPORT/APRIL 1994 Alderman Wilson moved, seconded by Alderman Knight that the Regular Monthly Report for April 1994, of the Jacksonville Fire Department be APPROVED. (Said report reflects an estimated fire loss of $9,250.00 for the month of April 1994.) ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE. NAY 0. MOTION CARRIED. 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. CDBG: REGULAR MONTHLY REPORT/APRIL 1994 Alderman Wilson moved, seconded by Alderman Knight that the Regular Monthly Report for April 1994, of the Community Development Department be APPROVED. Said report reflects: Informal Meetings .........................................2 Public Hearings ...........................................0 a. Letters to prospective applicants ......................0 b. Applications received ..................................0 c. Bid Openings ...........................................0 d. Work write-ups & estimates .............................0 e. Pre-construction conferences............................2 f. Paperwork for HOME Projects ............................0 g. Interim Inspections ...................................25 h. Final Inspections ......................................1 i. Partial payments .......................................3 j. Project Close-outs .....................................1 Public Works: a. Bids Received ..........................................0 b. Interim Inspections ...................................15 c. HUD Workshops ..........................................2 d. Project Close-outs .....................................1 ROLL CALL: Aldermen: Knight, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Williamson, Keaton and Twitty voted AYE, NAY (0). MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: HOT MIX ASPHALTIC CONCRETE BID Mayor Swaim related that there is almost $300,000.00 being allocated for asphalt work in the City. He related that he has met with the City Engineer and Street Superintendent and recognized City Engineer Reel to address Council. City Engineer Duane Reel recommended acceptance of the second lowest bid from Freshour Construction for the bid price of $22.62 a ton, which is exactly thirty-two cents higher than the lowest bid from Cranford Construction. He related that the low bidder was awarded the asphalt bid the previous year and that there were 2 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. several complaints regarding driveways, street-crossings and depth of asphalt at gutters. He related that these problems were brought to the attention of the asphalt company to no avail; resulting in additional $5,000.00 expense to the City for the rental of extra equipment to correct the asphalt problems left by Cranford Construction. In response to a question from Alderman Wilson, City Engineer Reel related that there was no change in the bid specifications from the previous year. He added that Freshour had performed asphalt work for the City sometime ago with no complaints regarding quality of work; without requiring heavy supervision regarding driveways. He pointed out that the machine used can accommodate this type of asphaltic driveway requirement and that the foreman of Freshour has been with the company a considerable amount of time and has provided quality work in the past. Alderman Fletcher moved, seconded by Alderman Smith that the second lowest bid of $22.62 in quantities of five hundred tons to one thousand tons from Freshour Construction be ACCEPTED. MOTION CARRIED. PARKS & REC DEPARTMENT: FINAL PLAT(S) a. Clover Ridge Subdivision Tract a, Phase II Lots 47-51 b. Pennpointe Subdivision Phase I City Engineer related that the five lots of the Clover Ridge Subdivision is located across from the Homer Adkins School on Cloverdale Road. He further related that the Pennpointe Subdivision is a newly developed subdivision located immediately behind Highland Park on the west side of town. He related that Clover Ridge was approved by the Planning Commission with no stipulations adding that the Pennpointe Subdivision was approved with stipulations regarding letters of approval, forthcoming from the Water and Sewer Departments. Discussion ensued as to plans regarding a ditch running north and south in the middle of the Clover Ridge Subdivision. City Engineer Reel related that culverts were placed on Valentine Road and Homer Adkins Drive with permission from a landowner to cross the property in order to improve drainage in that area. He then related that he is soliciting interest from Pulaski County since the property is in the County. He related that with or without County involvement it will be opened sometime this summer. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. Alderman Knight moved, seconded by Alderman Smith that the Final Plat of Clover Ridge Subdivision Tract A, Phase II Lots 47-51 be APPROVED. MOTION CARRIED. Pennpointe Subdivision: Mayor Swaim related that part of the subdivision, the lake portion, boards on West Main near the City limits with the remaining subdivision being behind the Harris Road area. He informed Council that the Planning Commission approved the subdivision with stipulations regarding water and sewer acceptance. Alderman Smith moved, seconded by Alderman Wilson to APPROVE the Final Plat of the Pennpointe Subdivision with the stipulation that letters of approval from the Water and Sewer Department are granted. MOTION CARRIED by voice vote with one abstention from Alderman Keaton. SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. RESOLUTION 471 (#5-94) A RESOLUTION CONDEMNING THE STRUCTURES AND REAL PROPERTY AT VARIOUS UNINHABITED LOCATIONS THROUGHOUT JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD; AND, FOR OTHER PURPOSES. Mayor Swaim related that there has been activity regarding some of the houses on the condemnation list. He then related that a house on Valentine Road has been moved by house movers, adding that demolition has already begun on the condemned structure on Ray Road, it will remain on the list pending completion. Alderman Knight moved, seconded by Alderman Smith to read Resolution 471 (#5-94). MOTION CARRIED. City Attorney Robert Bamburg read Resolution 471 at this time. Alderman Fletcher moved, seconded by Alderman Sansing that Resolution 471 (#5-94) be APPROVED. Mayor Swaim recognized Mr. Glenn Davidson who asked that he be able to address the Council. 4 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. Mr. Davidson related that he is being taxed by Pulaski County on behalf of the two properties he owns which are on the condemnation list adding that the assessed taxes are evidence that the County does not consider the property to be condemned. He requested a letter from the City that might enable him to get his taxes reduced with regard to the property. He related that he would like to have specific recommendations of improvements in order to have his properties removed from the condemnation list. He asked that he be allowed to readdress other comments. In response to questions posed by Alderman Ray, Mr. Davidson related that the houses are not for sale or rent but are currently boarded up after the windows had been broken. He related that he felt that it would cost $800.00 in repairs in order to make it livable. He then related that he would like the opportunity to do this expressing to Alderman Ray that it would take 6 months. Ms. Glenda Casey Pruitt of 129 Galloway Circle addressed Council expressing that along with assistance from HUD she was able to make necessary repairs to her home that was almost condemned. She related that she would also like to talk about the area surrounding 902 Church Street. She pointed out that adjacent to 902 Church is two vacant lots where a store existed in the past, adding that there is nothing in the area for the children. She then related that in the summer the children and teenagers of what is called the "New Town Area" come out in a large population and that there is nothing for them to do which is why she is here to ask the Council for basketball goals, a laundry mat and a car wash. She related that sometimes late in the summer there is violence among the teenagers of the neighborhood. She related some of the work she has been able to accomplish with the problem of violence in Little Rock which earned her a recognition award from Mr. Bill Clinton and that she would like to help her own neighborhood. She related some activities that were available when she was growing up are no longer available to the children today. Alderman Ray related that only one block away is Johnson Park for the children of the area. Discussion ensued as to the awareness by the owners of the condition of the houses. Mr. Davidson re-addressed the Council relating that Community Development assessed repairs of six houses on the rental rehab program at twenty-five to twenty-nine thousand dollars each. He stated that he could do the repairs for a thousand dollars each. 5 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. Alderman Ray related that a thousand dollars would help as far as the aesthetics but that the house would still not be a place where people could live comfortably. Mayor Swaim related that there was some misinformation because the loan limit for the rental rehab program was ten thousand dollars with a maximum amount that could be invested. He related that the houses have been in disrepair since 1989. Mr. Tony Ply of the Community Development Programs related that the Southern Building Code has been adopted by the City of Jacksonville. He pointed out many non-conforming standards of the Sunnyside houses. He related that the estimate given to Mr. Davidson in regard to rehabilitation was around twenty thousand for the house in question. He then listed all necessary repair work needed to bring the house within code and related that the particular program he had discussed with Mr. Davidson was one of a seventy-five hundred dollar match program. Alderman Knight related upon investigation by the City that the houses listed in Resolution 471 were found to be unsafe, unsound, and unsanitary. She related that she had viewed the properties and agreed that they were a blight to the community. Rather than removal of Mr. Davidson's property, Alderman Knight suggested repair or sale to someone who would improve the property. Mr. Davidson continued that his houses have no structural defects. In the course of discussion, it was pointed out that the City adheres to the Southern Building Code, which is updated regularly. Mr. Davidson expressed that he would be receptive to block grant monies for improving his properties, which Mayor Swaim stated are no longer available. The City Engineer presented a video of the properties under discussion. The consensus of the Council was that the properties were unsafe, unsound, and unsanitary. There were comments from Alderman Ray, Alderman Fletcher and Alderman Williamson urging repair or removal of Mr. Davidson's properties. At this time the MOTION CARRIED. b. ORDINANCE 1022 (#5-94) 6 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE SECTION 8.08.030 ET.SEQ. TO PROVIDE FOR THE REMOVAL AND STORAGE OF ABANDONED OR INOPERABLE BOATS, MOTOR VEHICLES, AND/OR TRAILERS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim suggested that Council have an opportunity to review ordinance 1022 (#5-94) In response to a question posed by Alderman Wilson, City Attorney Robert Bamburg related that the most significant changes are to more accurately define an abandoned or inoperable vehicle which is being expanded to include boats, trailers, abandoned golf carts etc.. He then related that it provides under the public property section basically the same thing that the police department has been doing since the state statue of 1989 removing the property if it is in three feet of a public right-of-way within 24 hours, 72 hours within six feet of a public right-of-way and providing a 15 day period of time for private property after the vehicle is tagged. He said that after that period of time, the police department will be contacted by the Code Enforcement Officer and the police department will go through the process as required by state law. He pointed out that if there is a conflict over the determination by the Code Enforcement Officer there is an appeals process to the Board of Adjustment and if the Board of Adjustment agrees with the determination of the Code Enforcement Officer then the owner will have three days to correct the violation. He added that any towing cost incurred would be the responsibility of the vehicle owner under state law. Consensus of the Council was to review Ordinance 1022 (#5-94) and take action at the next regularly scheduled City Council Meeting. APPOINTMENTS: ANNOUNCEMENTS: SEASONAL NOISE INCREASE Mayor Swaim related that as citizens are working outside in their yards and washing cars the Police Department has started receiving more complaint calls regarding the noise from radios. He related that the Police Department will stringently enforce the noise ordinance addressed this issue. SANITATION TRASH PICK-UP Public Works Director Skip Spears related that during this time of year many citizens will have trees cut down by tree service companies. He related that this is beyond the scope of City 7 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. Services adding that most of the reputable tree service companies in the area are aware of this and will haul the cut trees themselves. He related that there would be advertising in efforts to inform the citizens that if they contract for this type of service the City will not be responsible for pickup except at an additional charge on a time permissible basis. He related that for a full trailer load the charge is fifty dollars while if that same trailer load were taken to the landfill it would cost almost one hundred dollars and state law now states that this type of dumping is no longer allowable. Mayor Swaim related that the Ordinance states that a contracted tree service company is responsible for hauling the trees they cut down. He related that if a small amount is cut the limbs will still be hauled by the City. Public Works Director Spears related that the limbs cut should not be over six feet in length or larger than six inches in diameter. He related that two times a year it becomes difficult to keep up with the limbs and leaves pick-up. Mayor Swaim reminded that during the last full week of a month the limbs and leaves pick-up is alternated to accommodate a large item pick-up that goes to the landfill. He related that during this time it is most likely that trash pick-up would run behind. He said that he hoped the new truck will help the situation adding that a new employee may have to be added to further help keep the pick-ups from running behind. HIGHWAY 161 EXPANSION UPDATE City Engineer Reel related information from the Chief Engineer of the State Highway Department regarding the expansion of Highway 161 stating that everything is on schedule. He related that the Highway design would be completed in two weeks adding that the Highway Department would be willing to send a representative to address Council at that time. Discussion ensued as to the need of five lanes versus a three-lane expansion with regard to property loss in right-of-way acquisitions. Mayor Swaim related that it is based on traffic count and projected growth and determined that five lanes would be necessary. He stated that the City will lose a lot to right-of-ways and since the project is funded by the Highway Department, they will not build a road that is less than what they determine the traffic needs will be. 8 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING MAY 19, 1994 7:00 P.M. - 8:15 P.M. Mrs. Francis Campbell thanked Mayor Swaim and the Council for their concern for the citizens of Sunnyside Addition. She related other instances of concern that may need to be addressed by the Council. POLICE SUB-STATION/CDBG Mayor Swaim related that the house is nearing completion, which will provide more police protection very soon for persons in the Sunnyside area. ADJOURNMENT: Alderman Fletcher moved, seconded by Alderman Ray that the meeting adjourn at approximately 8:15 p.m. Respectfully, _______________________ ________________________ Lula M. Leonard MAYOR Tommy Swaim City Clerk-Treasurer