Loading...
01 JUN 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 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 June 7, 2001 at the regular meeting place of the Council. Alderman Ray delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman Twitty arrived at approximately 7:09 p.m. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Robert E. Bamburg, Deputy City Clerk Melanie Green, Director of Administration Murice Green, Personnel Director Dennis Foor, City Engineer Jay Whisker, Director of Public Works Jimmy Oakley, Purchasing Agent June Brown, CDBG Director Theresa Watson, Police Chief Hibbs, Fire Chief Vanderhoof, Battalion Chief Ron Peek, Parks and Recreation Director George Biggs, Parks Assistant Administrator Patty Walker, Athletic/Fitness Manager Paul Rector, Mr. Tommy Bond, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. DeDe Hibbs, Mrs. Addie Gibson, and interested citizens. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of May 17, 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 3 May 2001 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Stroud to APPROVE the monthly Animal Control Report for May 2001. Report reflects the following: REVENUES………………………………………… $ 608.00 CONTRIBUTIONS…………………………… $ 0.00 ADOPTIONS/FINES……………………… $ 608.00 TOTAL………………………………………………… $ 608.00 ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Stroud, and Howard voted AYE. (0) voted NAY. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: a. Request to Accept Bid for Boom Loader Mayor Swaim related that the City did not profit through operations with FEMA, pointing out that due to the extraordinary trash volume the City is now having to replace one of the two trucks worn out by the heavy use and huge volume. He stated that funds will be set aside to replace the other truck at a later time. He noted constant repairs regarding the three operating trucks following the storm, pointing out that at one point there was only one truck in operation because of repairs. He related that Mr. Oakley has made recommendation to forgo the low bid because of the delivery time, explaining that the low bid will take ten to twelve weeks for delivery versus ten days with the alternate bid. Mr. Oakley related that Henard Utility who was the low bidder also submitted an alternate bid for a truck that has slightly less horsepower, which was available sooner for delivery. He stated that the bid came in approximately $1,100 more than their low bid for a total of $77,000. In response to a question posed by Alderman Wilson, Mr. Oakley stated that it is the minimum horsepower recommended by the manufacturer. He stated that the truck is 210-horsepower, adding that the specifications were for 250-horsepower . He related that he prefers to exceed the minimum requirement when developing specification for bids. He related that he believe the truck can meet the requirements for operation. Mayor Swaim pointed out that the alternate bid did not meet the specifications, but is being considered because of the pressing need. In response to a question posed by Alderman Sansing, Mr. Oakley related that the alternate bid regarding the International Truck is more expensive even with less horsepower because of the make. He stated that the low bid was a Sterling Truck manufactured by Ford. He stated that regarding large trucks, International tends to be a more expensive model. Mayor Swaim pointed out an earlier purchase of an International Truck by the City and asked Mr. Oakley for any information 2 regarding performance. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 P.M. Mr. Oakley stated that the City fleet has consisted of Ford in the past, but that the Street Sweeper is an International purchased approximately two years ago. He related that there have been no problems with the equipment. He stated that in talking with the State and other cities who own International Trucks they have reported being pleased with the equipment. He stated that the International has not experience any breakdowns. Alderman Wilson questioned the vehicle’s life expectancy and if the lesser horsepower would affect that life expectancy. Mr. Oakley related that the equipment is set up on a seven-year depreciation schedule for replacement. He stated that the truck being replace is coming in on the seventh year in October. He stated that he did not believe the horsepower would affect the life expectancy of the vehicle. It was noted that a twelve-week delivery time schedule would be too late for the summer season. Mr. Oakley stated that since the winter storm, the trash route has only been able to meet its schedule two weeks out of the last five to six months. Alderman Wilson moved, seconded by Alderman Elliott to accept the alternate bid from Henard Utility in the amount of $77,000 with funds to be drawn from Budgeted Depreciation Funds, rejecting the low bid from Henard Utility because of the time factor regarding delivery. MOTION CARRIED. b. Request to Accept Bid for 2001 Asphalt Overlay Program City Engineer Whisker stated that the estimate was close to low bid and that the City is satisfied with the low bidder. It was noted that Rowlett Construction performed satisfactory work for the City approximately two-years ago and that the company is ready to begin. Mayor Swaim noted that the bids came in from $40.74 to $38.49 down to $34.15 per ton, adding that last year’s bid was awarded at $33.00 per ton. 3 Alderman Ray moved, seconded by Alderman Stroud to accept the low bid from Rowlett Construction in the amount of $264,075.75 with budgeted Street funds. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 P.M. PARKS & RECREATION: a. Request to Accept Bid Northlake Park Equipment Parks and Recreation Director George Biggs related that the bid includes playground equipment, underneath safety surfacing, a basketball goal and a pavilion to complete the entire park. Alderman Stroud moved, seconded by Alderman Wilson to accept the low bid from Barre Landscape in the amount of $41,932.72 to be drawn from budgeted Parks & Recreation Funds. MOTION CARRIED. b. PRESENTATION: Coach of the Year Awards Parks and Recreation Commission Chairman Greg Bollen presented Coach of the Year Awards to Mr. Lucky Nowden for Football, Mr. Al Gall for Softball, and Chrissy Woodson for Soccer and Mr. Terry Conan for Baseball. Mayor Swaim related that the benefits and positive results derived from the Parks and Recreation youth programs out way the budget costs, and commended the volunteers for making the programs possible. c. RESOLUTION 549 (#9-2001) A RESOLUTION TO SET A PUBLIC HEARING TO ADDRESS THE JACKSONVILLE PARKS AND RECREATION DEPARTMENTS APPLICATION FOR GRANT FUNDING AND TO ESTABLISH RECREATION PRIORITIES IN JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim stated that the City has an opportunity to apply for a maximum of $250,000 grant to be applied toward the construction of a pool complex. Alderman Smith moved, seconded by Alderman Ray to read Resolution 549 (#9-2001). MOTION CARRIED. Whereupon City Attorney Bamburg READ the Resolution. Alderman Ray moved, seconded by Alderman Smith to DISPENSE WITH THE READING of Resolution 549 in its entirety, reading only Section One and Two. MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Wilson to approve 4 Resolution 549. MOTION CARRIED. PLANNING COMMISSION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 P.M. GENERAL: a. RESOLUTION 550 (#10-2001) A RESOLUTION SETTING A PUBLIC HEARING TO ADDRESS THE ISSUE OF VACATING AND CLOSING A PORTION OF HICKORY STREET, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: THAT PORTION OF HICKORY STREET FROM EAST MAIN STREET TO THE REAR OF THE SUNNYSIDE HILLS ADDITION); AND, FOR OTHER PURPOSES. Mayor Swaim related that the street location is between First Baptist Church and the Care Channel building, adding that the street is undeveloped. It was noted that adjacent property owners are in agreement to close and vacate. Alderman Elliott moved, seconded by Alderman Wilson to read Resolution 550 (#10-2001). MOTION CARRIED. Whereupon City Attorney Bamburg READ the Resolution. Alderman Ray moved, seconded by Alderman Stroud to DISPENSE WITH THE READING of Resolution 550 in its entirety. MOTION CARRIED. Alderman Wilson moved, seconded by Alderman Elliott to approve Resolution 550. MOTION CARRIED. b. REQUEST FUNDS FOR REED’S BRIDGE PRESERVATION SOCIETY Alderman Howard related that the Reed’s Bridge Preservation Society is requesting $5,000 to purchase additional property. Mr. Tommy Dupree updated improvements to the McRaven property previously purchased by the Society. He stated that demolition of dilapidated structures located on the property is almost complete. He related that the property currently being considered for purchase is three lots located on the south side of Bayou Meto adjacent to the Wastewater property. He related that the property features a pond, adding that the drain, which fed the pond, has been filled with debris and that funds donated from AP&L will be used to clean the area. He stated that the selling price of $10,000 is reasonable, pointing out that the property is platted and recorded. He stated that the street located on the property could be closed which would add approximately 2.5 acres. He pointed out that the lots are located in a critical core area regarding the main battle action and needs to be tied to the preservation property. He demonstrated a map showing the core areas including Dupree Park property by the west side of the railroad and 5 Wastewater property on the east side of the railroad. He stated that the McRaven property on Hwy 161 would be the top part of the core area and the Fire station on the east side of Hwy 161. He related that the core property includes the 7.5 acres near the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 8:10 P.M. bridge, adding that the adjacent property belongs to Jennie Duke and that Mrs. Duke has granted verbal easement rights. He related that the society would try to obtain easement rights on property not for sale. He then pointed out that the society is going to request State and National registration in order to help funding for improvements. He explained that the Federal government was working from a priority list regarding funds for land purchase, adding that if monies are appropriated in the future it could be on a first come, first serve basis. He stated the need for volunteers regarding clean up. Alderman Stroud moved, seconded by Alderman Sansing to provide $5,000 for a matching grant to purchase Reed’s Bridge Battlefield property from the Capital Improvement Funds. MOTION CARRIED. Mayor Swaim called attention to the antique store display case in the hallway featuring items from 1800’s and 1900’s on loan from the Dupree family. He encouraged participation regarding display of Jacksonville historical items. c. PRESENTATION OF DRAFT ORDINANCE FOR CODE ENFORCEMENT Alderman Stroud commended City Attorney Bamburg for his work on the draft ordinance and read the following summarized statement. “The intent purpose to the draft ordinance is to improve the quality of life for all Jacksonville citizens regardless of race, color, creed, ethnic background, religion, or economic status. In itself this ordinance will do absolutely nothing without the full power and input of City government, though much of what needs to be done could have been obtained under the previous document – sad fact is, it just was not done. To clear up any misunderstanding, the ordinance has been clarified and focused on certain aspects of the code in hopes of eradicating an ugliness creeping over our community. It is therefore encumbered upon the City Council to hold the Code and Enforcement Office responsible for full implementation of said ordinance should you decide to approve it. We created tools for the job and it is up to them to act. I have every confidence that they will do so in a courteous and efficient manner. The task is enormous and it is going to take some time, but we should witness improvement from some of our more notorious violators almost immediately once the ordinance is adopted, it is also necessary that the Board of Adjustment and the City Council 6 fully support City Inspectors as they carry out the difficult duties prescribed therein. Fortunately most folks want to do what is right, all they need is a little bit of guidance. For the few when cited there is going to be weeping, wailing and gnashing of teeth. It is then that this City government must stand tall and take the full abuse from the few for the benefit of all. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 7: P.M. Alderman Wilson commended the committee’s efforts, saying that it would be helpful to provide a condensed executive summary of the changes regarding public information. He added that general terms would help to communicate the intent and inform the public of how the ordinance will be carried out. He stated that he was unaware of anyone that was not in favor of the improvements. Alderman Sansing noted that one major change would be the time for compliance. Mayor Swaim noted that the time factor has been changed from 15- days to 7-days. He then related that the ordinance proposes a citation for grass on a residential lot of less than an acres that grows 8”, adding that a lot from one to five acres is 18” for grass height with commercial being similar. He stated that stronger language would allow Code Enforcement to enforce residents clean up areas around the house. He stated that if a house needs to be painted they have the authority to require that. He related that it provides Code Enforcement with more access authority to certain areas if there is indication of a problem. He related that overall it sets heavier fines and that costs associated with the City having the grass mowed will be collected as back taxes rather than through a lien on the property, which cannot be collected until the property sells. He related difficulty with identifying operable and inoperable automobiles, adding the need for public input regarding conditions considered aesthetically unsightly. Alderman Elliott requested clarification regarding the intent of a closed area and the need for direction for grass height. Alderman Stroud related that grass heights were taken from North Little Rock and Sherwood’s ordinance and would be subject without exact measurement. Further discussion ensued regarding enclosed roof or fence areas for commercial automobile businesses. Alderman Stroud related that for nuisance purposes, enclosed areas are directed at carports and automobiles required a fenced area. 7 City Engineer Whisker review enclosure requirements under section 8.04.020 of the Municipal Code. City Attorney Bamburg clarified that additional recommendations regarding enforcement procedure were received from City Engineer Whisker and would be incorporated into a second draft for Council consideration. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 7: P.M. City Engineer Whisker related recommendations basically on how to reach the different people with the various types of violations, such as a certified letter, posting on the property, or vehicle. Mayor Swaim related interest from an apartment owner regarding a landlord organization to work together and require tenants to keep property clean while renting. In response to a question from Alderman Sansing, City Attorney Bamburg highlighted sections of the ordinance regarding broadened definitions of unsightly and unsanitary conditions, the scope of Code Enforcement Officers duties, as well as changes to the regulations for residential or commercial. Code Enforcement Officers will be entitled to issue citations as well as warrants and the police department can do the same thing in the circumstances where they might apply. He stated that section three specifically addresses the non-complying conditions with grass, weeds, and vegetation including a chart for heights for the different type lots. Adding authority for the Code Enforcement Officers and changing the method of collection allowing the City to follow the change in State Law collected through delinquent taxes. It was noted that large wooded areas (unoccupied commercial areas) is listed at 18” and that most areas that are wooded areas would not accommodate a mower but could be addressed under the terms of the ordinance if it were to become a problem with undergrowth. City Engineer Whisker mentioned consideration for property over five acres. Mayor Swaim asked that additional recommendations be incorporated into the ordinance and provided to Council as soon as possible along with an executive summary. He then mentioned the litter ordinance and policing of those regulations, asking Police Chief Hibbs to work with the committee regarding effective measures to ensure litter control. 8 Alderman Elliott related that State Legislation decreased fines from 1,000 to 100 dollars in an effort to have closer enforcement regarding citations. Mayor Swaim asked for audience participation pro or con. Alderman Wilson stated concerns by Alderman Fletcher and himself regarding the inspector’s authority versus Police authority. He related the need for further discussion before granting that much authority. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 7: P.M. Alderman Stroud stated that he is aware it has been said that the Code Enforcement Officers are being given more power than the Police Officers, but that is not true. He related that right now the Police have with justification the authority to go on property. He related that the committee is not asking that Code Enforcement be allowed to go inside and inspect homes, only complaints with just cause. He spoke of an example regarding perhaps an old shed or trailer that is harboring skunks, vermin, or rats; where Code Enforcement can be notified and investigate. He added that if the residents are not home Code Enforcement could still enter the back yard. He pointed out that the Committee is proposing that which Sherwood and North Little Rock are currently enforcing. Alderman Sansing stated that while the ordinance is not expected to pass tonight, many citizens have made it very clear that they are tired of waiting. He related that he did not want to see Council take too long in review because after passage there will still be a 30-day period before it goes into effect. Mayor Swaim concluded that changes will be provided for review prior to the next meeting and the ordinance will be on the next regularly scheduled meeting agenda. In response to a question posed by Alderman Sansing regarding a burned home at 107 Central Avenue, City Engineer Whisker related difficulty in locating the owner, saying that she has had some police problems and got married while she was in jail and changed her name so the condemnation letter has just recently been sent to her. Alderman Sansing commended Code Enforcement relating significant improvement regarding properties he had asked Code Enforcement to investigate. 9 Mayor Swaim related that Code Enforcement manpower has been increased, adding that it may become a question of further increasing the manpower after the ordinance adoption. It was noted that the ordinance would address carport situations being used as storage areas. Mayor Swaim related simultaneous efforts by another committee addressing solicitation situations in the City of Jacksonville. Alderman Twitty chair for the Committee related efforts to completely suspend door-to-door solicitation in the City and provide for a Farmer’s Market in the downtown area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 7: P.M. Mayor Swaim stated that the City Attorney is researching the ability to ban door-to-door types of solicitation. Alderman Stroud related increased fees may better control some types of solicitation. Alderman Twitty pointed out that the ban would not include civic groups, the Girl Scouts or sports related fundraisers. She noted that other types of solicitation do not benefit the City of Jacksonville. City Attorney Bamburg stated that in placing an outright ban there are issues to be addressed through the Commerce clause, adding that he has researched the City’s ability to limit the activity in various forms, but is still looking for the possibility of an outright ban. Alderman Howard noted when improvements are made regarding an unsightly condition it seems the entire neighborhood does better, pointing out that the Sunnyside Neighborhood Association is hosting a meeting June 14, 2001 at 7:00 p.m. encouraging attendance. Mayor Swaim related that the Council can legislate and enforce the laws but hopefully neighborhoods will clean up without enforcement once they see the problem is being addressed. He mentioned the citywide cleanup once a year, saying that other considerations might need to be addressed for a different type of cleanup day, not just picking up trash from the street but tearing down and disposing of buildings. Alderman Stroud related that Mr. Jim Peacock and his associates 10 have agreed to let the City use a portion of the Jacksonville Shopping Center property for a farmers market but have expressed concerns for trash and the need for a sponsor. He stated that the Chamber of Commerce Small Business Committee will act as sponsor. He related plans for preparation of the area, adding that the City Clerk’s office will issue permits. He related efforts to direct the traffic to one area to create a farmer’s market much like the one in Fayetteville. FOUNTAIN UPDATE: Mayor Swaim related that the foundation drawings are completed and the architect has agreed to donate his time spent on the project. He stated that Mr. Phil Keaton has donated thus far his time regarding the foundation and concrete plans and engineers at Arkansas Precast have completed designing the precast. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 7, 2001 7:00 P.M. – 7: P.M. He then went on to say that the City currently has five construction projects that need to be started, reminding Council of discussion regarding the need to hire a project manager. He stated that he believes the City is ready to do that under state guidelines for contract services, adding that it does not necessarily have to be bid. He related that he has spoken with Mr. Keaton, who has expressed interest since he has donated much of his time already. He pointed out that Mr. Keaton drew the plans for the Animal Shelter at no cost to the City. He related the consideration for hiring Mr. Keaton on a percentage basis to move forward with various City projects including the Municipal Court Building, a large pavilion, and renovations for Sanitation Department. He pointed out that currently the fountain, Animal Shelter, and Municipal Court Building are all about at the same stage. He stated that the City has been able to save a considerable amount of money, adding that Mr. Keaton also donated his time with the architect. He related that the architect suggested rather than charge the City for his service, Mr. Keaton has demonstrated avenues to save money and the City may want to let him take over the rest of the project. He stated that the City has had a lot of great cooperation and donations regarding the “Tom Cory Memorial Fountain”, adding that the biggest frustration has been getting the projects off the ground. It was the consensus of the City Council to allow Mayor Swaim to negotiate with Mr. Phil Keaton for the hiring of a project manager 11 for the City of Jacksonville. APPOINTMENTS: ANNOUNCEMENTS: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 8:10 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer Alderman Wilson was concerned that this would affect the “Elvis Rugs” and became noticeably upset. 12 13