Loading...
02 OCT 03.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 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 October 3, 2002 at the regular meeting place of the Council. Alderman Howard delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, CDBG Director Theresa Watson, Police Captain Martin, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Lindy Lewis, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council Meeting of September 19, 2002 for approval and/or correction at the next Regularly Scheduled City Council Meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Smith moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 5 September 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 568 (#13-02) A RESOLUTION EXPRESSING OPPOSITION TO PASSAGE OF PROPOSED AMENDMENT THREE; AND, FOR OTHER PURPOSES. Mayor Swaim related that the Resolution was discussed at the previous meeting and recommended by Chief Ruthven. He pointed out difficulties maintaining prisoners in the jail regarding funding issues. Alderman Wilson moved, seconded by Alderman Ray to Read Resolution 568. MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 568 in its entirety. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. Alderman Sansing moved, seconded by Alderman Smith to approve Resolution 568. It was noted that the amendment has not yet been certified to be on the November ballot. Alderman Stroud related that if the amendment passes, cities would have to cut services or raise taxes. He stated that cities without a food tax receive revenue from higher costs regarding car tags and property tax. He then related that Judge Villines has pointed out that the Libertarian Party is suppose to be helping the low-income citizens, but added that low-income citizens using food stamps do not pay sales tax on food items. At this time, MOTION CARRIED. b. Request to Accept Bid for the Demolition of Condemned Houses City Engineer Whisker related that the owners of 212 East Main had begun demolition just prior to it being condemned, but have since stopped work. He stated that he has never received a response from the owners of 103 Cross Street, and reminded the Council of Mr. Larry Smith’s situation at 107 Roosevelt Circle. He then stated that the condemnation process began approximately eight months ago, pointing out that two weeks prior to the condemnation being brought to the Council Mr. Smith began work at 107 Roosevelt Circle, but stopped shortly thereafter. He presented photographs to the City Council regarding 107 Roosevelt Circle, explaining improvements and noting the removal of asbestos, new siding at the rear of the home and bracing to hold the roof structure. He also noted building materials that are stored in the house. The City Council viewed photographs of rotted wood around the house and a hole in the roof. He stated that Mr. Smith is approximately 25% complete over the eight months since the process began. In response to a question posed by Alderman Stroud, City Engineer Whisker related that rotten wood had been uncovered regarding places Mr. Smith had repaired. Alderman Fletcher stressed the need to have repairs inspected as completed, mentioning the repercussions if the houses were sold with rotted wood in the walls. He noted it as a dangerous situation and presented the possibility of fatalities if the ceiling were to cave in. City Engineer Whisker agreed, saying that other homeowners who have attempted to repair their houses have done so without a building permit in the past, but added that the future letters regarding home repair will require a building permit as part of the procedure. Discussion ensued regarding the removal of asbestos according to state guidelines, and City Engineer Whisker stated that it is his belief that 2 if a homeowner is doing the removal himself there are different guidelines. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. Mayor Swaim invited Mr. Larry Smith to address the City Council. Mr. Smith stated that rotten wood found beneath the repairs is an inaccurate statement. He stated that he has replaced the insulation and studs. He added that on the east side of the house there is insulation, but he had to leave because of his brothers death, but stated that every place else there is new structure underneath. He related that the reason he stopped work was because the door was kicked in. He then stated that he had received a letter from City Engineer Whisker and he is supposing that is how City Engineer Whisker gained entrance. He stated that he was at the house to cut the grass today as he does every two weeks and noted that the door had been kicked in again. He added that the bottom of the door is now broken. He stated that in order to build a new roof he has to repair the walls first, adding he had explained that to City Engineer Whisker. He stated that he had also explained to the City Council that he had major surgery and was not able to get the work done quickly. In response to a question posed by Alderman Fletcher, Mr. Smith related that he has expended approximately $2,000.00 for building materials. In response to a question posed by Alderman Stroud, Mr. Smith stated that he continued to work on the house even though it had been condemned because he was told by the City Council to do so. Alderman Stroud stated that he was asked to finish the house before it was condemned. Mr. Smith disagreed, saying that he was given time. Alderman Stroud pointed out that the house was under the condemnation procedure, adding that the City Council approved condemning the house and bids were prepared for the demolition. Mr. Smith stated that he continued to work on the house after the condemnation because it had not gone to court. He explained that the City Council can declare the house a nuisance, but the Court has to specify that. Alderman Stroud corrected Mr. Smith, saying that the City Council can condemn the structure after being declared a nuisance. Mr. Smith stated that he can only go by what the law says, adding that Alderman Stroud is suggesting that he stop the work, but City Engineer Whisker suggested that he continue. City Engineer Whisker explained that the condemnation letter offers the 3 homeowner 45 days to complete all repairs and bring the home up to code, followed by bids to demolish if repairs are not completed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. Discussion ensued regarding a CDBG grant and it was noted that the prior house owned by Mr. Smith did not qualify for CDBG funds. Mr. Smith then stated that he did not apply for CDBG fund for 107 Roosevelt Circle because he was working on the house and there was no need. He stated that he had gotten a building supplier to finance all the building materials so he did not need a CDBG grant. In response to a question posed by Alderman Fletcher, Mr. Smith stated that he would have been almost finished with the house if his door had not been kicked in. He stated that in the first week of August, the door was kicked in by a City employee. He added that the employee was seen kicking in the door. Discussion ensued regarding Mr. Smith filing a warrant. Mr. Smith explained that the Police Officer and the Police Department refused to make a report. Mayor Swaim related that there was a request for access to the property. City Engineer Whisker stated that he sent Mr. Smith a letter requesting access to the property since the condemnation had taken place to review the inside of the house. He stated that apparently the requested date was the same day as his brother’s funeral, he related that access was gained by kicking in the door. He stated that again today entry was gained in the same manner to provide photographs to the City Council. Alderman Ray moved to accept the low bid from Environmental Protection Associates for a total price of $14,445.00 for the demolition and asbestos removal of structures located at 107 Roosevelt Circle, 212 East Main Street, and 103 Cross Street. Mayor Swaim recognized Mr. Smith to finish speaking. Mr. Smith reminded the City Council that when they took office they swore to uphold the Constitution, adding that he is a citizen of the United States and that all he is asking for is equal justice under the law. He stated that City Council, regardless of what Mr. Bamburg or himself may say, should know what the condemnation process is. He stated that he has tried to work with the City to get financing before and was told lies. He added that in response to the question of why he did not go through CDBG funds, he had tried on the first house. Discussion ensued and Mr. Smith stated that he stopped work on the house when his door was kicked in and could not get protection from the Police. 4 He added that if he had continued he would be almost finished. City Attorney Bamburg reminded the City Council that the ordinance passed on June 6, 2002 condemned this property along with several others. He stated that two owners were granted 45 days to bring their property up to Code and that City Engineer Whisker sent a letter to those property owners providing that information. He stated that Mr. Smith has been present at each Council meeting since that time and is aware of any CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. discussion. He stated that a second letter sent in July informed th property owners that it was addressed at the July 18 meeting and that there had not been sufficient repairs to bring the house up to Code and the Council voted to uphold and proceed with the condemnation process. th He stated that a notice was sent to Mr. Smith on July 25 informing him that any personal property items needed to be removed from the house by th August 11. He stated that Mr. Smith was again sent a letter September th 20 informing him that it would be addressed at tonight’s meeting. He related that the condemnation process under the State Statute allows the Council to make and act upon declarations of condemnation by having the structure demolished, repaired or whatever action the City Council deems appropriate. Mr. Smith questioned if that can be done without a judicial review. City Attorney Bamburg affirmed that City Council has the authority. Mr. Smith stated that if there is never a judicial review, then the City Council could do whatever they wanted. He stated that there has to be a judicial review or he has not been given due process of law. In response to a question from Alderman Fletcher, Mr. Smith stated that if it takes going to court, that is what he has been trying to do. Discussion ensued regarding the amount of time to complete the work. Mr. Smith stated that he could have the house completed in 90 days, adding that he has not been able to work. He stated that he could understand the forty-five day extension if he had been physically able to do the work at the time it was offered. He stated that he made that known, and had told Mr. Whisker in every letter he wrote that the medical records would prove that. He stated that he had major surgery and that it was not something he had any control over. th Alderman Fletcher related that on June 6 he had been willing to help, but added that Mr. Smith has made it difficult to defend him when in the last two months there has been no work on the house and the only excuse offered is that somebody kicked the door in. He stated that he could not understand that, being in the construction business he would have made the needed repairs and continued the work. 5 Mr. Smith again stated that if he had been protected when the door was kicked in, he would have felt more comfortable doing the work, but added that neither the Police Officer nor the Police Department was willing to make a report. He related that he had presented the Police with the letter and was told there is nothing that could be done. Discussion ensued regarding the time and amount of work produced. Alderman Elliott seconded the motion made by Alderman Ray. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. Mayor Swaim stated that the demolition of 107 Roosevelt would cost $2,094.00 and $1968.00 to remove the asbestos. He added that the City would like not to have to expend that money if something feasible could have been worked out. Alderman Smith seconded by Alderman Howard called for a question to the motion. MOTION CARRIED. At this time, MOTION CARRIED for the previous motion with Alderman Fletcher voting NAY. c. Merge three checking accounts Mayor Swaim related a request from Finance Director Mushrush to combine three checking accounts in the interest of efficiency. Mr. Mushrush stated that the software upgrade has allowed for more efficient changes. He stated that Federal and State guidelines mandate what accounts must be handled separately and that he would like to merge three special revenue funds into a single checking account. He named the accounts as 911 Operating Fund, LOPFI Subsidy, and the Ambulance Service. Alderman Smith moved, seconded by Alderman Wilson to merge the 911 Operating Fund, LOPFI Subsidy Fund, and the Ambulance Service Fund. Mr. Mushrush noted that the new name of the account would be titled Special Revenue Funds. At this time, MOTION CARRIED. d. RESOLUTION 569 (#14-02) A RESOLUTION EXPRESSING SUPPORT FOR THE COUNTY WIDE IMPROVEMENT PLAN TO BE PRESENTED ON THE NOVEMBER 5, 2002 GENERAL BALLOT; AND, FOR OTHER PURPOSES. Alderman Wilson familiarized the Council regarding four issues slated for the November ballot, pointing out that the Quorum Court has placed the items on the ballot to offer citizens in Pulaski County an opportunity to vote for progress or continue to manage services with the present funds. 6 He stated that voting for the issues is a step forward by providing proper funds to operate the Pulaski County Jail, it would create funding for Capital Improvements for cities and Pulaski County on a per capita basis, improve programs for higher education, and provide necessary funding for Central Arkansas Transit. He stated that passage of the amendments would have a positive effect for the Community, so he is encouraging voters to support the Countywide Improvement Plan. Alderman Wilson moved, seconded by Alderman Ray to read Resolution 569. MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 569 in its entirety. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. Justice of the Peace Mr. Dennis Sobba encouraged support of the Countywide Improvement Plan, saying that County budget meetings have been suspended pending the election outcome. He pointed out that Judge Gray has suspended the use tax, and that the food tax is uncertain, adding that if the Improvement Plan does not pass the County would not have necessary funding. He went on to say that if the Supreme Court supports Judge Gray’s ruling in the use tax case, then it would become retroactive costing millions of dollars. Alderman Wilson stated that it is not a secret that the crime rate in Pulaski County has gone down, due in part to the fact that there is a larger jail to hold criminals. He related that without proper funding, we are in jeopardy of having to turn criminals loose. He stated that he did not feel that the citizens would desire that alternative, adding that proper funding for the jail is imperative. Alderman Fletcher recalled the many years of effort to obtain a new County Jail Facility, saying that it is hard to think about shutting part of it down because there will not be proper funds to operate or maintain it. He questioned Mr. Sobba, saying that aside from the use tax and sales tax issue, how much of the Pulaski County Jail would close if the Countywide Improvement Plan does not pass. Mr. Sobba responded that it would depend on budget restraints, saying that possibly 1/3 of the jail could be affected. Alderman Ray moved, seconded by Alderman Howard to approve Resolution 569. MOTION CARRIED. e. DISCUSSION: Street name change for the Veterans Monument Circle Area Alderman Ray related that there has been interest to rename a portion of Hospital Boulevard/Circle around the monument area, pointing out that the Museum will also be locating in that area. He proposed that the name be changed to Veterans Circle. It was noted that the name change would affect only two addresses. 7 Mayor Swaim stated that if it is the consensus of the City Council to rename a portion of Hospital Boulevard/Circle to Veterans Circle an ordinance could be submitted for consideration at the next regularly scheduled City Council meeting. He asked that City Engineer Whisker contact the property owners affected by the address change. Mr. Sidney Gray of the signs and signal section related problems for the Post Office associated with costs, suggesting that the City contact the Post Office regarding the name change. Mayor Swaim pointed out that the City has changed a street name in the past, adding that there would only be two addresses affected by the name change. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. It was the general consensus of the City Council to proceed with the name change of a portion of Hospital Boulevard/Circle to Veterans Circle. John Harden and T.P. White Intersection City Engineer Whisker related that the signals did not communicate ideally, but the Arkansas Highway Department has returned to make adjustments and it is believed that the problems have been corrected. He went on to say that he observed the intersection at high traffic times and did not observe a major backup. He related that Sid Gray has done most of the work and has done a great job. Mayor Swaim related delays when the signalization was not working properly, but added that it has since been better. He related that he and City Engineer Whisker have observed the intersection to assure it is working properly. He related that timing changes were researched to allow better flow during increased times of traffic. He noted that the intersection is consistently busy because of its location. He stated that other solutions to help, as suggested by the Arkansas Highway Department, is to make the access roads one-way. He stated that another solution would be an overpass at Gregory and one in proximity to Northeastern and Quince Hill, but are multi-million dollar solutions. He explained that along with progress traffic increases, pointing out that the City’s main concern is to address safety factors. Alderman Fletcher questioned the possibility of having an exit north of Madden Road. Mayor Swaim stated that the Arkansas Highway Department had offered that in the past, noting that costs to the City ten years ago would have been approximately $420,000.00. He stated that the closest possibility would be to move the off-ramp at Acklin Ford further down to prevent congestion trying to get onto the Freeway. He explained that the option of an off- ramp would be less costly regarding State requirements involving the 8 relocation of the access road. In response to a comment from Alderman Howard, Mayor Swaim addressed the effect of loosing tax dollars regarding plans for the new swimming pool. He clarified that he had stated to the media that the swimming pool project, like all other Capital Improvement projects, would be funded based on available funds in the future. He related that currently the project is in the bid stage. He added that while the City would not want to loose grant funds for the project, it would not be possible to move forward regarding the loss of food tax. He stated that the City would need to at least maintain the level of income it has currently. He stated that the City would be faced with a 20% across the board budget cut regarding the loss of sales tax and food tax. He added that the loss of food tax would constitute a 30% loss of revenue, and there is no tax available to replace it at this time. In response to a comment from Alderman Fletcher, Mayor Swaim stated that he did not want to begin addressing issues involving personnel cuts from the Police Department or Fire Department regarding lost tax revenues. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING OCTOBER 3, 2002 7:00 P.M. – 7:56 P.M. He went on to say that while other cities have done that, the City of Jacksonville is going to fund its budget as best as possible and then during the year work within the system to replace lost revenues. He said he feels that if the food tax does make the November ballot there would be a strong effort to defeat the issue. He related that the Municipal League is circulating information and inviting constituents to attend th their meeting October 8 at 11:00 a.m. at the Riverfront Park. He stated that it may be difficult, but every effort will be made to keep all employees and continue providing the same level of City service. Wing Ding Festival th Mayor Swaim encouraged attendance regarding the Wing Ding Festival the 5 th and 6 of October. Mayor Swaim then noted that the City of Benton is converting its access roads to one-way. City Engineer Whisker related on that same note, that Oak and Elm Streets would become one-way streets as of October 14. He noted that Elm Street would be two-lanes north from Main to Graham and Oak Street would be two- lanes going south from Graham to Main Street. Mayor Swaim updated the Council regarding the Overpass, relating that Second Street should open soon. City Engineer Whisker added that the asphalt is being laid on Oak Street followed by Second Street. He related that the projected opening date is the end of October. He pointed out that the bridge would not be opened by that time, but traffic can go to Second Street and make a left turn to the Graham Road crossing. 9 Alderman Twitty noted for anyone wishing to volunteer, that setup for the Wing Ding Festival will begin tomorrow at noon. ANNOUNCEMENT: ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:56 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 10