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01 APR 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 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 5, 2001 at the regular meeting place of the Council. Mayor Swaim delivered the invocation and led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Twitty arrived at approximately 7:03 p.m. and Alderman Fletcher arrived at approximately 7:06 p.m. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, City Engineer Jay Whisker, Finance Director Paul Mushrush, Purchasing Agent June Brown, Police Chief Hibbs, Fire Chief Vanderhoof, Fireman Bill Plunk, Parks and Recreation Director George Biggs, Parks Assistant Administrator Patty Walker, Chamber of Commerce Director Bonita Round, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. DeDe Hibbs, Mrs. Lendy Lewis, Mrs. Addie Gibson, Jacksonville Patriot Reporter Peggy Koury, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of April 5, 2001 for approval and/or correction at the next Regular 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 15 March 2001 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis that the Regular Monthly Report for March of the Jacksonville Police Department be APPROVED. Said report reflects; Total value of reported Stolen Property $38,872.00, Total value of Recovered Stolen Property $37,069.00, and Total Report Sales $312.50. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular Monthly Report for March, which reflects a fire loss of $69,500.00, and a Savings Total of $56,000.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Stroud, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Request to Accept Bid regarding Information Technology Services Mayor Swaim related that new technology funding was approved in the previous year’s budget at the recommendation of Mr. Mushrush, adding that the process has begun as reflected by the bid provided. In response to a question from Alderman Smith, Finance Director Paul Mushrush related that the bid was appropriately published and Clearpoint was the only respondent. He then stated that Clearpoint is “the best of the best”, and related that a magnificent example of their work is at the Chamber of Commerce in Little Rock. He stated that the City is fortunate to get a reasonable price with a firm that is extremely confident, pointing out that Clearpoint will assemble all hardware and install the software regarding connectivity issues. In response to a question posed by Alderman Elliott, Mr. Mushrush related that this is the initial stage, and in order to make it affordable regarding original estimates it will include City Hall, Parks, CDBG, Police Department and Central Fire. He related that once those departments are in place, the outlying areas will have access to some of the issues, which will be addressed internally for shared information. He pointed out that eventually all departments will be connected with a fractional T-1 providing for greater productivity. Alderman Wilson requested a break down regarding the number of phases for the new technology process, explaining that the bid offers only an amount. He stated that while he is very comfortable that the bid represents good specs, he would like to better understand what the bid covers and what the next phase proposes. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Mr. Mushrush stated that he had discussed with Clearpoint the opportunity to come and address the City Council in a more comprehensive manner regarding subsequent phases of the project. He offered that of the several stages, the first stage was implemented by standardizing software throughout the City. He then stated that all operating systems and desktop applications are the same, which allows for a higher level of systems maintenance, and continuity of information exchange. He went to say that the second step is the actual installation of a Fractional T-1, which connects physically to all locations and is basically a high speed data transfer line for those specific areas outlined in the initial phase. He related that the next phase is a two-part issue, one is the assembly of the routers, bridges and installations of different server software for messaging, print and fax sharing, which he stated covers the particular installation of Microsoft application network in conjunction with the actual hardware. He pointed out that State Contract can beat competitive prices for hardware, pointing out the extra effort in pulling the project together in an affordably way that results in least cost to the City. He added that the last and final stage is a web service, providing the public and other employees access to different sections of the City’s web server. He related that this phase is a little more complicated and least cost solutions are being worked through. He stated that he and Systems Administrator Barbara Daniel will be attending an application class on Monday, in efforts to obtain a portion of the project at no cost. He stated that they are working hard to keep cost within the framework and that he is not certain costs can be kept within the original $100,000 projected, which is the reason they have started a scale down of the overall plan. He then related that he believes a scale down can be more effective if taken in affordable and workable steps. He stated that at projects end, the public will be able to access a portion of the information available from the City such as Ordinances, Resolutions, Agendas, and have the ability to e-mail Aldermen. He concluded that in essence not only will it provide employees with the ability to communicate more rapidly and effectively but it will allow the public more ready access. He pointed out that this is a national trend that the City is striving to accomplish, adding that at some point in time, there would be consideration for expanding to other services but not at this point. Alderman Stroud clarified that of the four phases the bid reflects phase three. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Mr. Mushrush concurred, saying that the standardizing phase one has been purchased, and that two and three are being worked, which is the installation side. He stated that it may seem a little backward not having the hardware, but the group to install the software requires the technical capacity to coordinate with design plans on the front end before hardware considerations. He related that hardware will be the next item to come before the Council and will hopefully not be a bid situation because of State Contract, which is substantially less expensive. Mayor Swaim related that currently the City shares a web page with the Chamber but would like a City web page to dispense information for citizens. He then related that the National League of Cities along with Arkansas Municipal League and IBM has asked cities to volunteer as a pilot program to develop web pages and the City of Jacksonville has volunteered. Alderman Stroud moved, seconded by Alderman Wilson to accept the low bid from Clearpoint for $19,850.00 for Information Technology Services be approved with funds to be drawn from budgeted funds. MOTION CARRIED. b. Request for Funding to purchase parking property for Municipal Court Building Mayor Swaim related plans to remodel the old Chamber building for the Municipal Court, adding that cost projections are higher than hoped. He then related that it will provide much needed office space along with parking, which has always been a problem. He noted a gracious donation from Mr. Bart Gray, Sr. regarding property behind the Chamber building to provide parking. He related that the property was donated jointly to the Chamber of Commerce and the City of Jacksonville. He related the need to negotiate with the Chamber regarding purchase of their interest in the property to be used as additional parking. He stated that it would enhance parking considerably, pointing out that for many years the City has used local merchants parking, which has not been adequate. In response to a question from Alderman Sansing, Mayor Swaim related that the City would gain approximately 21 parking spaces, adding that the City is looking at another piece of property that would provide an additional 21, so totally it could provide 40 plus parking spaces. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. He related that the area includes the street that leads to the Police Department, which was never dedicated and is still deeded to Mr. Gray. He pointed out that there is a paved area at the northwest end of the property that can be used for parking now and is a part of the property running down to Crestview Apartments. He stated that the appraised value of the property is $66,000.00, but he has negotiated the difference to $25,000.00. He related that the Chamber Board has asked $25,000.00 for their interest. He stated that after further analysis, he arrived at $22,000.00 and it is in a negotiation situation. Alderman Smith moved, seconded by Alderman Stroud that Mayor Swaim be allowed to negotiate the property purchase not to exceed $25,000.00. Alderman Wilson stated that if the property appraised for $66,000.00 and the Chambers owns ½ interest, $25,000.00 is a reasonable deal. At this time, MOTION CARRIED. Mayor Swaim stated that the purchase would be funded from the Capital Improvement Fund as part of the renovation of the building. c. Request to Accept Bid regarding Tree Removal on South Road Mayor Swaim related tree problems in the area for many years, adding that tree removal will be a very difficult situation because the trees have now grown into the street. He pointed out that South Road was an old County road that eventually became a City street, but was never adequate for widening. Public Works Director Jimmy Oakley narrated pictures viewed by the Council, pointing out problematic trees and the likelihood of an accident regarding a tree that is 2½ feet into the street. He related that the bid included tree removal and stump grinding to 12” below grade. He stated that some of the trees have broken the curb and will need to be rebuilt, adding that the bid covers a total of fifteen trees. Mayor Swaim stated that along with tree removal, funds have been budgeted to start the reconstruction of the street. He related that after the tree removal, the crown needs to be taken out of the 5 street. He then related that the bid is a small part of the total cost for the entire project, but it is a much-needed project. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Alderman Howard moved, seconded by Alderman Stroud to accept the bid from Jim’s Tree Service in the amount of $22,750.00 to remove fifteen trees on the west side of South Road. Discussion ensued and it was noted that only one bid was received most likely because the trade is very busy from the ice storm. Mayor Swaim related that current prices and pre-storm prices were compared to ensure against over charging. At this time, MOTION CARRIED. Mayor Swaim related that the funds will be drawn from the Street Department funds for the reconstruction of South Road. In response to a query from Alderman Wilson, Mr. Oakley related that he had checked three references, two of which were forty thousand dollar jobs and one was a $60,000.00 dollar job with the housing authorities in South Arkansas who praised the company’s work. He then related that the company will furnish a performance bond and has already provided one million in liability insurance. d. DISCUSSION: Use of a Facilitator for Planning Purposes Alderman Stroud related that most everyone is familiar with the proposal to clean-up Jacksonville, adding that once it begins it will create ire with some people who do not take care of their property. He stated that even so it is very much needed. He went on to say that it is more complicated than just strengthening an ordinance and pointed out recent efforts by the City of North Little Rock regarding the same problems. He then related that the City of Pine Bluff recently went to court and it was determined that their ordinance needed to be more specific in terms. He stated that he recently explained to a citizen who was complaining about the situation in Jacksonville that the City Council is taking it under advisement. Mayor Swaim related the need to separate the issues into two areas, strengthening the code enforcement ordinances and planning for the City’s future growth. Alderman Stroud concurred. 6 Mayor Swaim related that discussion focus is the consideration for a facilitator. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Alderman Twitty stated that she was made aware of a situation regarding a house on Gregory Street with broken limbs hanging on the trees and knee high grass, making for a dangerous situation. Mayor Swaim stated that there is still a lot of clean-up needed from the ice storm. He then noted that the problem on the front end is that residents consider the City infringing on their rights if Code Enforcement enters their yards. He related that because there have been threats it needs to be addressed in a manner that makes it clear this is desired by the public and is legal. He pointed out that the major emphasis now is on keeping the normal summer problems under control until the City can hire a full time employee to help Code Enforcement. He reiterated that the clean-up issue needs to be a separated from the future planning discussions of last year regarding Intergovernmental Issues, Public Relations, Annexation, Capital Improvement Projects and Staffing. He pointed out some of the desirable issues in the first phase of discussions under CAPITAL IMPROVEMENTS were consideration for a pool at the Martin Street, renovation or relocation of the recycling center, Police and Fire training facility, a new conference center, and expansion of City Hall, which are currently under study. He then related that DEPRECIATION FUND considerations have been on going and that under STAFFING, the Council discussed considerations for a Cad Operator, Planner/Engineer, Systems Administrator, Grant Writer, and Organizational Chart revision. He stated that the City has now hired a new Engineer, and Cad Operator, but does not as yet have a planner. A Computer Systems Administrator has been hired and the prospect of hiring a grant writer and revising the organizational chart is being worked on. He related that under INTERGOVERNMENTAL, there were considerations regarding the Pulaski County Jail, Police protection, Animal Control, Court System, Code Enforcement primarily regarding Rentals and under PUBLIC RELATIONS, issues regarding schools, housing for seniors, businesses, tourism (Hotel/Motel Tax), e-mail for Aldermen were listed. He then stated that ANNEXATION discussions centered around managed growth, future growth areas, and utilities (internal and external); pointing out current efforts regarding an agreement for annexing two areas into the City. He stated that while these issues were discussed, it was never carried far enough, adding that there was no public input at that time. 7 He related his understanding from Alderman Stroud, is to have someone facilitate meetings with Council members, staff, Planning Commission and the general public regarding input for these issues and also issues to determine the City’s future direction. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Mayor Swaim pointed out that the issues need to be separated, adding that while the first issue relates because it affects the future of Jacksonville, it is a specific desire for an ordinance. He related the need to address that issue and then address future planning with a facilitator. He stated that the ordinance issue for Code Enforcement can be addressed through Council, stressing the need for public awareness. He stated that the listed future planning issues are not all inclusive, but are a “thumb nail sketch” of Council discussions. A copy of the future planning list was provided to Council to expand upon, adding that he and Mr. Green will work on staff matter with members of the staff and then plan joint meetings with the other commissions inviting public input. Alderman Fletcher concurred with the need to revisit the City’s future direction, adding that he feels very strongly about the need to attract a younger populous. He referred to the census in saying that in the last 20 years Jacksonville has not grown more than 5,000 in population, which he stated depicts an older population. He stated that the towns that have grown are a younger population, average age 32 with 2 small children. He related that Jacksonville would be remiss not to put some money in areas that would attract younger couples into the community. He stated that it is good to fund Parks and Recreation, and that that it does bring a lot of money back into the community, but not all children are athletically inclined and the City needs to consider some funding to art and music programs regarding children with those gifts and abilities. He stated that Jacksonville has focused on industry, adding that schools and considerations for the children is what causes growth. He related that industry will come as a result of a younger working population. He then questioned the need to move into committees regarding clean-up matters. Mayor Swaim pointed out that the City is working ten additional employees on a grant program who are cleaning rights-of-way regarding storm damage. He then stated that the biggest problem for the City is hiring, saying that it is nearly impossible to keep mowing crews. He related efforts regarding seasonal hires who are out of school for the summer who take the job but do not stay. He related working restrictions regarding underage employees by federal law. 8 Public Works Director Jimmy Oakley related that beautification usually hires approximately six seasonal employees a year and that Parks and Recreation hire in the neighborhood of ten to eleven. He stated that beautification has four full time employees and usually CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. hires at least six to eight depending on staff available to carry them out into mowing crews. He stated that the Street Department hires two seasonal employees just to brush hog with plans to hire an additional employee to weed eat around the signs in the rights- of-way. He related that a higher salary is offered to operate the bush hog in an effort to get skilled people with experience. Alderman Twitty stated that the rights-of-way do not look as bad as some of the yards and carports in question. Alderman Elliott stated that the Beautification Department has done a good job, pointing out that rights-of-way can get out of hand when there is a bad storm, but the private property and other area issues is what needs to be helped. Alderman Wilson commended Alderman Stroud for somewhat forcing the issue and stated that there are two issues at hand. He stated that one is the short-term issue that requires immediate attention regarding strengthening the ordinance and enforcement of existing ordinances to clean-up parts of the community. Second is the consideration of looking at longer-term planning issues. He suggested that before hiring someone to assist in the clean-up issues, the City should utilize its membership in Metroplan, Municipal League and League of Cities to find other communities that have already developed very strict ordinances that have stood the test of court cases. He stated that he would be in favor of hiring someone to help with the research regarding the clean-up issue because everyone agrees it is an immediate need. He related the need to obtain information from other communities and then work with property owners, landlords, and the entire community to review proposed ordinances. Mayor Swaim related that recently the City worked with someone who had been referred to Jacksonville because our ordinance is stronger than any they could find in other places. He related the difficulty regarding a city’s ability to go off the street rights- of-way. He stated that many other cities do not maintain the ditches or perform any services regarding private property. Discussion ensued as to the legal ramifications regarding direction 9 from the City to a private property owner to clean their property. City Attorney Bamburg related that regarding ordinances in place the primary difficulty has been allowing the Code Enforcement officers enough time to enforce. He pointed out that the two CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Code Enforcement officers working have many other obligations. He stated that manpower seems to be the biggest difficulty. He pointed out that there are ways to enhance or strengthen current ordinances, but the question becomes how far does the Council want to go. He mentioned the factor regarding homeowners that will not appreciate that action and may wish to challenge it. He stated that the most important factor and his role would be to determine if the ordinance can withstand a challenge. Alderman Sansing stated that the main problem after a complaint letter is issued is getting back to check on the situation. City Engineer Whisker agreed, saying that with summer approaching the process is very time consuming regarding the number of properties involved. Alderman Sansing reiterated that it is a manpower problem. Mayor Swaim explained that it is more than a manpower problem, pointing out the time factor regarding process from citation to court being as much as two or three months before they are forced by the court to clean up the property, unless the ordinance states specifically that the City or someone else will clean the property after being cited, the progression of a citation is to go to court. Alderman Sansing related that the ordinance is written to address the inhabitants of the property, so they would have to be the ones cited to court. He added that he is not talking about full condemnation, but inhabitants that will not clean up the property. Mayor Swaim related that there are some extenuating circumstances that the City Attorney can address. City Attorney Bamburg related that in some circumstances Code Enforcement can send a letter advising that if the property is not mowed by a certain date, the City will send a lawn crew to mow. He then related that carports or storage areas that require attention are cited into court. He then explained that the court process is time consuming regarding their plea and arraignment date, after which a trial is set. He stated that if they are found guilty in 10 court, the Judge normally gives them a short timeframe in which to correct the situation and then have a review date. If it is not corrected at that point the Judge can either order jail service, hold them in contempt and issue additional fines. He related that process does take time. He stated that condemnation is an entirely different issue. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Mayor Swaim clarified that the discussion issue is the difference between mowing grass and cleaning up someone’s yard. Alderman Sansing related that he is referring to specific instances of old building materials stacked beside houses, and automobile seats sitting in the front yard. Mayor Swaim stated that he has a problem with sending an employee onto private property to clean the carport, yard or from beside the house without very strong authority to do so. He related that he does not believe it can be done legally without court action. Alderman Wilson acknowledged the problem including some commercial areas, but stated that it is impossible to legislate common sense or good taste. He offered that because of the shared frustration, it might be appropriate to hire seasonal part-time employees to assist existing staff. He stated that the situation calls for additional manpower focusing on obvious areas that need to be cleaned-up. He suggested that cost estimates be made available regarding resource commitment, adding that he believes the Council and the community residents who keep their property are ready to make an investment in manpower to get it straightened out. Alderman Stroud stated that he feels from the discussion it is evident there is a real problem and that part of the problem is subjectivity, which is the reason the ordinance has to be tightened. He asked that the staff be included in the process. Alderman Fletcher questioned if some problem areas could be handled as a fire or health hazard issue. Mayor Swaim related that there are certain things that can be accomplished through the Fire Marshal, but added the probability of conflict referring to an incident where a man threaten anyone who came on his property regarding his car. He stated that while we have an ordinance that allows the City legally to do that, on more than one occasion the police have had to accompany Code Enforcement onto the property. He stated that sending an individual on private 11 property without protection is a dangerous situation and Police assistance is not the ideal situation for every time Code Enforcement has to go onto private property. Alderman Fletcher suggested that the ordinance require closed storage for certain items, leaving the responsibility with the resident. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Alderman Elliott suggested that the Council form a committee to address the ordinances in a timely manner and bring it back to the Council. At the same time, proceed with future planning and other City considerations. Alderman Twitty suggested increased fines for violations. Mayor Swaim offered that the highly subjectivity area is, what is to be considered offensive, adding that if offensive can define then citations can then be handled through the court. Alderman Howard related that his pet peeves is littering, offering that education for the lower grades may be the starting place to change attitudes regarding littering. City Attorney Bamburg related that it is very difficult to legislate aesthetics, adding that cities have to be very careful in that area. He stated that there are code provisions in place now that the City has used and taken to court regarding violations. He related that if there are areas in violation, Code Enforcement can make a determination and issue the appropriate warnings and when necessary cite them into court with existing code provisions. Alderman Fletcher suggested that the surrounding area more or less dictate the predominate standard for the neighborhood. Mayor Swaim stated that it all goes back to one word and that is pride. City Attorney Bamburg stated that a set standard for the neighborhood would run into subjectivity that would be difficult to enforce either by Code Enforcement and/or the court. Alderman Smith agreed that it is a matter of pride, and related that he had received two calls last week, but they did not want to disclose their identity and express fear of reprisal. He supported 12 the contention that employees could be in danger, suggesting that manpower is only part of the answer. Mayor Swaim related that the City is in the process of hiring another Code Enforcement officer. Alderman Ray suggested a neighborhood block club to help keep the neighborhood clean, saying that if a neighborhood block club would stick together then neighborhoods would stay clean. He explained that a one on one situation regarding neighborhood block clubs would work similar to circumstances regarding crime watch. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2001 7:00 P.M. – 8:05 P.M. Mayor Swaim stated that cost association will be forthcoming. APPOINTMENTS: Alderman Sansing moved, seconded by Alderman Wilson to approve the reappointment of Tommy Bond to the Wastewater Utility Commission for a term to expire 4/20/2006. MOTION CARRIED. ANNOUNCEMENTS: th Arkansas Municipal League annual convention will be June 27 th th through June 29with deadline to register May 18 for early registration. He stated that it will be held in Little Rock at the Peabody Hotel and spousal registration is $25.00. Alderman Wilson encouraged a favorable vote for the millage on May thrd 8 , pointing out that early voting begins May 23 at City Hall for two weeks prior to election day. Alderman Fletcher expressed traffic concerns regarding a new commercial development adjacent to the new Wal-Mart Supercenter. He questioned traffic pattern regarding access onto John Harden Drive. Mayor Swaim related that the site already had access to John Harden Drive, adding that actually there are two existing accesses and the Planning Commission in an effort to change the traffic pattern took one access out of the approved plan and moved the other to a safer location. He related that the developer also has a recommendation that they create an access to the Wal-Mart parking lot. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:05 p.m. 13 Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 14