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96 APR 04.DOC CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 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 April 4, 1996 at the regular meeting place of the Council. Alderman Lewis delivered the invocation after which Mayor Swaim led the standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson, Williamson, and Twitty answered ROLL CALL. Alderman Fletcher arrived approximately 7:03 p.m. Alderman Knight and Keaton were absent. PRESENT: EIGHT (8), ABSENT: TWO (2). Mayor Swaim answered ROLL CALL and declared a quorum expressing appreciation to the audience for their attendance. Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Susan Davitt, Personnel Director Michael Beeman, Assistant to the Mayor Mark Powers, City Engineer Duane Reel, Public Works Coordinator Murice Green, Director of Economic Development Phil Sullivan, Police Chief Larry Hibbs, Finance Director Paul Mushrush, Mrs. Judy Swaim, Mrs. D.D. Hibbs, 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 March 21, 1996 for study and action at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Lewis moved, seconded by Alderman Sansing, that the minutes of the Regular City Council Meeting of March 7, 1996 be APPROVED. MOTION CARRIED. CONSENT AGENDA: Regular Monthly Report for March/Animal Control Department Alderman Lewis moved, seconded by Alderman Sansing to APPROVE the monthly Animal Control Report for the month of March 1996. Report reflects the following: CONTRIBUTIONS............................. $ .00 ADOPTION/FINES ............................$ 736.50 SECURITY DEPOSITS..........................$ 250.00 TOTAL..................................... $ 986.50 1 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. ROLL CALL: Aldermen: Smith, Lewis, Sansing, Ray, Wilson Williamson, Fletcher, and Twitty voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & REC DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Finance Request: Permission to Close Account Finance Director Paul Mushrush introduced Cheryl Erkel a new employee to fill the accounting position as budgeted. Finance Director Mushrush explained that the opening and closing of all checking accounts must be approved by the City Council. He went on to explain that in 1966, Ordinance 179 established "The City of Jacksonville Arkansas General Obligation Industrial Development Bond with the Control Projects Incorporation of Delaware". He stated that the obligation was repaid at the rate of 3.5% and is now liquidated as of February 9, 1996. He requested permission to close the account, which contains no funds at this time. Alderman Wilson moved, seconded by Alderman Smith to close the account. MOTION CARRIED. DEVIATION IN GENERAL BUSINESS AGENDA: c. Presentation: "Downtown Revitalization Plan" Mr. Phil Sullivan referred to the results of studies compiled during the previous two and one-half years, which he provided to the Council. He called attention to the different organizations who have committed themselves to making downtown Jacksonville the best it can be. He pointed out the specific task that these organizations would be responsible for, adding that a detailed briefing will be presented to the general public April 9th, 12;00 2 p.m. at the Ramada Inn. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. Mr. Sullivan thanked the City Council for their support and asked for their future commitment in making Jacksonville a better place. He pointed out positive editorials written about a recent Jacksonville project. Mayor Swaim related that due to delays in the federal budget process, the Economic Development program has not yet been considered for present funding, adding that the departments, which review the grant applications, have been positive regarding a chance to be funded next year. He informed Council that Economic Development is currently being funded with set aside monies for the federal grant match. He related that Economic Development is continuing to do work and make progress, citing that Mr. Sullivan has recently met with a developer who may be interested in either a commercial or residential development in the City. He related that Mr. Sullivan is providing information to businesses and residential developers. Mayor Swaim stated that funds are available and that he did not want to see the office close. He stated that if Council has no objections, he would like to keep the office open and review funding circumstances at budget time. He said that the brochures and reports are helpful when answering questions about the downtown area and that progress is being made regarding recognition by downtown area businessmen for development and revitalization of that area. He related that if the program is funded next year and with continued progress, the downtown area will see many changes over the following five years. d. Presentation Ref: "Clean-up Efforts" Alderman Smith related that the presentation would need to be postponed until a later date when others involved can be present. Comments were made regarding the recent "clean-up day" in Jacksonville and the different areas that were cleaned-up. APPOINTMENTS: JACKSONVILLE WATER COMMISSION: Alderman Smith moved, seconded by Alderman Wilson to approve the appointment of Mr. Gordon Koops to the Jacksonville Water Commission for a term to expire 04/20/2001. MOTION CARRIED. DEVIATION IN AGENDA: Mayor Swaim related that Council has been provided a copy of a reply from the City Attorney with regard to a previous request by Alderman Wilson. 3 CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. Alderman Wilson related that after reviewing state statutes regarding a basis for the dismissal he was not able to find any, adding that he asked other attorneys who were also unable to find basis to support a dismissal. He requested more time for consideration and said that he felt the matter needs to be looked at further. He stated that his concern is with the integrity of the municipal court in that fairness and impartiality prevails for all citizens. NON-AGENDA ITEM: ORDINANCE 1048 with reference to basketball goals/curbs and streets Alderman Wilson related that some citizens are concerned about notification letters referencing fines to be imposed with regard to regulations in Ordinance 1048, 12.24.100 - curbs and gutters (playground equipment). He suggested that a moratorium be declared until a study can be made of the full ramifications of the ordinance. Mr. Wilson pointed out that the Code Enforcement Officer has done his job in carrying out the directives set forth in Ordinance 1048 adding that he was not sure that there was complete understanding among the members of the Council with its passage. He requested that modifications be considered. Alderman Sansing voiced that he fully understood what the Ordinance set forth adding that all citizens will have to be dealt with in the same manner as a discussion ensued with reference to basketball goals and children playing in the streets. City Attorney Bamburg advised that Ordinance 1048, as it is now, must be enforced across the City. Mayor Swaim pointed out that there have been instances in the City in which the Police Department has responded to activity, which stemmed from persons playing basketball in the street. He said that there was legitimate reasoning in passage of the ordinance. Alderman Wilson asked if there would be compromise in allowing activity on culdesac and dead end streets as far as children playing. Alderman Twitty voiced that parents on a culdesac in the Stonewall Subdivision went together, purchased a basketball goal and erected it for the children in the neighborhood. 4 Aldermen Fletcher and Ray made comments, which favored modification of the ordinance. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. City Attorney Bamburg advised the Council that the ordinance could be modified by naming specifically the kind of streets where allowances will be made for basketball goals. Alderman Sansing commented that he felt such modification would create favoritism for those children living in better neighborhoods across the City. City Attorney Bamburg related that Ordinance 1048 says that basketball goals cannot face the street, that it is not a socio- economic issue. Mayor Swaim pointed out that 26 letters have been written by the Code Enforcement Officer with regard to violations that relate to basketball goals. He said that letters would not be rescinded adding that fines will not be given at this time. After other comments from several Aldermen, Mayor Swaim said that the item would be on the April 18, 1996 City Council Agenda for discussion and possible modification. RESUME AGENDA: b. Public Meeting: Railroad Overpass Mayor Swaim voiced that work between the City of Jacksonville and engineers from Garver and Garver has been productive as the Council observed a presentation by the Mayor with regard to plans for the overpass. He said that the most feasible route is from Main St. to Main St. pointing out that new requirements are for a sixteen foot clearance on a state highway as opposed to fourteen plus and also the possibility of making Second Street a thru street which would intersect Hwy 161 at the general location of warehouses and a daycare center located on the east side of Hwy 161 and the west side of the railroad tracks. He said that in completing the project there could be a transition changing Second Street from a two-lane to a five-lane. He noted that there would be sidewalk construction making a safe environment for pedestrians and school children. He said the Main to Main overpass would cost approximately $3,610,000.00 (estimated by Garver and Garver and the appraiser who gave the price on the property). He pointed out that settlement on easements that would have to be taken is unknown at 5 this time. He noted $145,000.00 in the project costs for sidewalks. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. He related that he has discussed with the Highway Department a fourteen-foot clearance for the overpass, which they agreed to, if the transition on Second Street materializes. The Graham Rd. to Main Street route was pointed out by Mayor Swaim on photo display. It noted that the route would take the front part of the Stax Store, the parking lot area and continue in a southwesterly direction across other properties on the west side to Second Street. He said the price tag for that route is approximately $4,810,000.00, which does not include sidewalks. He pointed out a tunnel proposal adding that it would be very expensive noting the approximate cost of $17,570,000.00. He said that the engineer said the cost could be considerably more due to the amount of dirt that would have to be used in the construction. He related that under the "Grade-level Crossings" funds set aside in the ISTEA program is approximately $4,200,000.00 thousand dollars available of which Jacksonville could apply for approximately 70% amounting to $2,700,000.00 thousand dollars. He said that the City has to pay 80% of the project cost. He said that the Main to Main St. Overpass is the most feasible project to use in making application for the grant money. He pointed out that the project can be done in phases; year one (1) Engineering work, year two (2) moving of utilities and acquisition of rights of way, and year three (3) construction. He said that he will establish a public meeting, probably at the Elderly Activities Center, for public review of the project. Mayor Swaim pointed out that there will be one proposal from Little Rock for a like grant and possibly one from North Little Rock. At this point, Alderman Smith moved, seconded by Alderman Sansing that the City Council endorse the Main to Main Street Overpass project to be constructed if funding becomes available. MOTION CARRIED. A discussion ensued with regard to the construction of sidewalks. There was also discussion with regard to changing Second Street to Hwy 161 and Hwy 161 to North First Street. 6 Mayor Swaim said he would like to have the option of closing Graham Rd. within a five year period giving time for the City to assess the traffic flow after the overpass is built. CITY OF JACKSONVILLE, ARKANSAS REGULAR CITY COUNCIL MEETING APRIL 4, 1996 7:00 P.M. - 8:00 P.M. Mayor Swaim proposed that if federal funds are not available he would still like to go forward with the transition of making Second Street Highway 161 and Highway 161 North First Street. There was discussion regarding the possibility of making a specialty area, which might include a farmers market, of Hwy 161 if it is renamed North First Street. ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim adjourned the meeting at approximately 8:00 p.m. Respectfully, ___________________________ ____________________________ Lula M. Leonard MAYOR City Clerk-Treasurer 7