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99 MAR 04.DOC CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 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 4, 1999 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: Elliott, Smith, Lewis, Gentry, Ray, Williamson, Twitty and Howard answered ROLL CALL. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Fletcher arrived at approximately 7:04 p.m. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Human Resource Director Steve Ward, Administration and Public Works Director Murice Green, City Engineer Duane Reel, Finance Director Paul Mushrush, Purchasing Agent C.J. Brown, OECD Director Frank Rowland, Police Chief Hibbs, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mr. Ben Rice, Mrs. DeDe Hibbs, Mrs. Edith Smith, Mr. Terry Sansing, Leader Reporter Rick Kron, Jacksonville Patriot Editor Jon Parham, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of February 18, 1999 for approval and/or correction at the next Regular City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Ray moved, seconded by Alderman Lewis that the minutes of the Regular City Council Meeting of 4 February 1999 be APPROVED. MOTION CARRIED. PUBLIC HEARING: ORDINANCE 1118 (#4-99) AN ORDINANCE VACATING AND CLOSING A PORTION OF BAILEY BOULEVARD, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: BAILEY BOULEVARD NORTH OF PARRISH STREET); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:02 p.m. Mr. Ben Rice representative for Belz-Burrow related that they along with all adjacent property owners have signed the petition to close a portion of Bailey Boulevard. He related that Mr. Elrod from Belz-Burrow is available for questions. He said that the street closing will prevent any intrusion into the neighborhood and be beneficial for the neighborhood as well as the City. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. Ms. Elizabeth Lamb of 505 Hapsburg stated that she is not opposed to the street closing but has concern with the division of the closed street. She explained problems with driveway access and questioned the new property lines. She said that the proposed fence line abutted the paved driveway constructed after the home was purchased. City Engineer Reel related that the fence will be moved and Belz- Burrow is preparing an easement to guarantee that the driveway will remain as it is now. He related that the drive goes past the center line of what would be Bailey Boulevard. Discussion ensued as to the division and location of the proposed street if it were developed. Mr. Rice related that a survey revealed that the driveway is over the center division line, adding that Belz-Burrow has granted an easement for the portion exceeding thirty (30) feet. Mr. Gale Campbell of 504 Hapsburg stated that assurances from Belz-Burrow were that 18-wheelers would not be driving behind the proposed Wal-Mart building, adding that noise has been the major concern. He related that he has learned that 18-wheelers will be driving behind the proposed development and as a result he wishes to withdraw his concurrence regarding the closing of Bailey Boulevard. He stated concerns for quality of life in the neighborhood. He related that the property was rezoned twice to accommodate Wal-Mart, adding that it was not done in an appropriate manner because the signs were too small and the neighborhood did not have an opportunity to speak. He stated that he and his wife have signed the petition but is now withdrawing that support because of the promise by Wal-Mart regarding 18-wheelers. He said that he cannot control the closing of the street and stated that the City Council has "gone along with Wal-Mart so far." He related that property values will be lost and he is planning to sell his house. He related that another neighbor has collected data from the internet regarding how Wal-Mart deals with other citizens across the country. He cited Gilbert, Arizona which he said could be substituted for Jacksonville, Arkansas, saying that the City Council there was sworn to secrecy at the threat of Wal-Mart pulling out. He stated that as an alderman he could not be sworn to secrecy and reminded the members of Council that they were elected to the City Council to represent the people. He stated 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. that this type of dealing has happened nation wide and is Wal- Mart's MO. He related that Mr. Zolper has disclosed that the City did not know the developer was Wal-Mart for a period of time because Wal-Mart insisted it be that way. He then stated that he feels the Council knew what was happening. He then stated that when he purchased his home two years ago he saw signs regarding the property but was not concerned and did not know what was going on. He stated that if the signs had been bigger and posted differently maybe the residents would have expressed an interest then and fought it. He said Mr. Zolper did not want anyone to know until after the rezoning was done. He admonished members of the Council saying that elected officials should not cover for companies but notify the people, adding that "we feel like it was hidden from us." He said that Mr. Zolper had told them that Wal-Mart did not want the general public to know. He stated that the property owners are at a loss regarding property values. He stated that two years ago he purchased his home for $81,000.00. He said that if the development occurred the way it has across the nation there were letters from Mayors and City Council members advising "please do not let this happen to you" available and if the neighborhood could get that information so could Council. He stated that it has been reported that Wal-Mart misrepresents the numbers regarding proposed developments. He spoke of the loss of business for small business owners and concluded by saying that his desire is to withdraw his support of Wal-Mart regarding the signed petition. Alderman Howard stated that he was not aware of the development ahead of time and said that he can understand the philosophy because of asking price regarding the land purchase. Mayor Swaim closed the public hearing at approximately 7:20 p.m. Alderman Twitty stated that she had not been sworn to secrecy and would not be a party to that. She related that she has lived in the neighborhood since 1975 and would not be sworn to secrecy regarding her own neighborhood. She stated that she resents his statement regarding secrecy. Alderman Williamson stated that he was unaware until it was published in the paper. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. Alderman Fletcher said he is unaware of any secrecy deal and stated that nation wide there are efforts to keep Wal-Mart out where stores are not already established. He stated that people should know better, after his twenty (20) years on Council, than to believe he would be a part of any secrecy. Alderman Gentry stated that he has worked with residents and informed them when issues came up as he became aware. Alderman Lewis said that earlier statements have hurt; adding that this is his seventeenth (17) year on the Council and he has never sworn to secrecy on anything ever done in the City and will never be sworn to secrecy by anyone to do anything for a cover. Alderman Smith said he has been a Council member for nineteen (19) years and did not know prior that the development was Wal-Mart. He stated that there were speculations but not he or any Council member knew it was going to be Wal-Mart. He speculated that Wal- Mart is probably pulling in the Central Arkansas area and not just Jacksonville and that the land was already zoned for commercial development without Council's choice. Alderman Elliott stated that Mr. Campbell has bad information that is simply not true. Mayor Swaim addressed earlier statements saying that posted signs by the City are the standard size used by cities nation wide and are used in all postings by the City. He related that the developer took options on the land and attempted to attract developments. He related that it was public knowledge and was never a secret that the developer was trying to develop the land. He said that as far as he was aware it was not strictly being developed for Wal-Mart initially. He said that the contractor not Wal-Mart has dealt with the City regarding the property and possible location of industry. He related efforts by the developer to locate a Lowes Lumber Company for the property. He expressed assurances that secrecy just did not exist. He related that industry does not always want their competition to know when there is a proposed development; he related this was not the case. He related that a survey showed a large number of shoppers come from within a fifty-mile radius of the City that will not change. Mr. Rice suggested that in view of the petition exclusion request by Mr. Campbell the ordinance be amended to exclude property lying east of Lot 47 Heraldry Manor Subdivision Phase IV. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. City Attorney Bamburg related that a petition to close a street or right-of-way must include all property owners’ signature; however the Council has the authority to close streets or rights-of-way that have not been in use or for the public good without consent of property owners. He related that if closure excluding Mr. Campbell's property does not interfere with maintaining easements and rights-of-way the ordinance could be modified as such. He offered that it could be closed as the ordinance presents by stating that it is not happening as a result of the petition of property owners but as a result of the Council determining that a public good would be met. Alderman Elliott suggested that one option might be to close half the street to the center line adjacent to Mr. Campbell’s property. It was noted that the property would remain that of the City. In response to a question posed by Alderman Smith, City Engineer Reel related that if modified the public right-of-way would extend from Hapsburg to Bailey Street going north the depth of Mr. Campbell's lot. He stated that he did not feel there to be a gain for the City to maintain a right-of-way there. He stated that easements for the utilities will be maintained regardless. In response to a question from Alderman Fletcher regarding acceptance for closure, Mr. Campbell related that if the City Council chooses to close the street he would accept the additional thirty (30) feet of property from the closure. Alderman Ray moved, seconded by Alderman Avis to place the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty and Howard voted AYE. Motion received nine (9) affirmative votes, (0) negative vote. MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance. Alderman Ray moved, seconded by Alderman Lewis to DISPENSE with the reading of the Ordinance in its entirety. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine, (9) affirmative votes, (0) negative votes. MOTION CARRIED. Alderman Lewis moved, seconded by Alderman Ray to ACCEPT the Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (10) affirmative votes, (0) 5 negative votes. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. Alderman Elliott moved, seconded by Alderman Smith to suspend the rules and place the Ordinance on SECOND READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon City Attorney Bamburg read the Ordinance for the Second Time. Alderman Smith moved, seconded by Alderman Elliott that Ordinance be placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by City Attorney Robert Bamburg. Alderman Ray moved, seconded by Alderman Gentry that Ordinance be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBERED 1118 THIS THE 4th DAY MARCH 1999. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to APPROVE the monthly Animal Control Report for February 1999. Report reflects the following: REVENUES ................................. $ 702.00 CONTRIBUTIONS .............................$ .00 ADOPTIONS/FINES ...........................$ 702.00 TOTAL..................................... $ 702.00 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Gentry, Ray, Fletcher, Williamson, Twitty, and Howard voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0) negative votes. MOTION CARRIED. WATER DEPARTMENT: FIRE DEPARTMENT: Request to Accept Ambulance Bid Mayor Swaim referred to justification made by the Fire Department regarding acceptance of the next to the lowest bid from Emergency Service Supply Consultants in the amount of $73,400.00 which is a 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. difference of $857.00 between the two bids. He related that funds will come from Budgeted funds. It was noted the lowest bid did not entirely met specifications. Alderman Elliott moved, seconded by Smith to accept the bid from Emergency Service Supply Consultants in the amount of $73,400.00 and reject the low bid from Wheeler Coach at $72,543.00 not meeting specifications. MOTION CARRIED. POLICE DEPARTMENT: Request to Accept Video Monitoring System Bid Mayor Swaim related that the Police Department received a matching grant to purchase the equipment. Chief Hibbs related that the low bidder Eagle Eye meets with all the requirements and has local installation and service opposed to the alternative bids. Alderman Smith moved, seconded by Alderman Williamson to accept the low bid from Eagle Eye in the amount of $43,945.00 for patrol car monitoring systems. MOTION CARRIED. Mayor Swaim noted that funds will be from a grant with matching funds from the City. STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: RESOLUTION 516 (#3-99) A RESOLUTION PROVIDING FOR DEVELOPMENT OF A COMPREHENSIVE PEDESTRIAN THOROUGHFARE SYSTEM FOR THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES. Mayor Swaim related that to be eligible for grant application the City must adopt a master sidewalk plan. He then cited years of efforts by the City to connect sidewalks. Alderman Smith moved, seconded by Alderman Lewis to read Resolution 516. MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith to approve Resolution 516. MOTION CARRIED. c. Request to Accept Personnel Consulting Firm Bid Mayor Swaim related that bids have been received as directed by Council in earlier discussions. He related that it is a very extensive bid that has been worked out by the Personnel Director, Purchasing Agent and Finance Director and the recommendation is 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. Public Sector, second lowest bidder, in the amount of $51,500.00. He related that the lowest bid of $51,240.00 did not included items that would have to be added. It was noted that with inclusion of those items, Public Sector becomes the low bidder that met with all specifications. Alderman Smith related that he feels that it is owed to the employees of the City to make sure that we are at parity with cities our size. Alderman Smith moved, seconded by Alderman Lewis to accept the bid from Public Sector in the amount of $51,500.00 as the personnel consulting firm to conduct a personnel study for Jacksonville and rejecting the bid from Coulter Consulting which did not meet all requirements. MOTION CARRIED. Mayor Swaim related that $40,000.00 has been appropriated and the balance will come from fund balance. He related that the starting date will be in seven to fourteen days and will take approximately three to four months in its entirety. He related that he is not involved because he feels this to be a personnel matter. He related that a personnel committee will be appointed from the Council to work with the firm. APPOINTMENTS: ANNOUNCEMENTS: CAFERS Award Mayor Swaim presented Finance Director Paul Mushrush with the CAFERS Award in honor of the City of Jacksonville receiving the award. He related that Jacksonville is one of only eight cities or State agencies in the State of Arkansas to achieve the award offered to cities of outstanding financial reporting. Mr. Mushrush said that the City reached a level of financial reporting that has received national recognition and in order to have the resources and energy it requires to achieve these standards he acknowledged the encouragement and support of an excellent Chief Executive Officer and a Council committed to excellence in City business. He stated that he would like to share the glory that comes with the award and assure Council that each year the City will strive to reach that same level. He then related that he has been elected president of the State Government Finance Officers Association and will present the CAFERS Award to other cities who have accomplished the same excellent standards of financial reporting. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MARCH 4, 1999 7:00 P.M. - 7:50 P.M. Mayor Swaim related that the City of Jacksonville is in the company of the City of Little Rock, the Arkansas Public Employees Retirement System, City of Fayetteville, Fort Smith, Hot Springs Pine Bluff, Texarkana and the State of Arkansas who are the other entities to receive this award. He then noted that Jacksonville is the smallest city in the State to receive this award. ADJOURNMENT: Mayor Swaim, without objection, adjourned the meeting at approximately 7:50 p.m. Respectfully, ___________________________ ____________________________ Susan L. Davitt MAYOR City Clerk-Treasurer 9