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02 SEP 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 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 September 19, 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, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Teresa Carter, Director of Administration Murice Green, Human Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Finance Director Paul Mushrush, Accounts Receivable Nikki Wilmoth CDBG Director Theresa Watson, Purchasing Agent C.J. Brown, Finance Accountant Cheryl Erkel, Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George Biggs, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Joan Zumwalt, Mrs. Addie Gibson, 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 5, 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 Howard that the minutes of the Regular City Council Meeting of 15 August 2002 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for the month of August 2002. Said Report reflects: ADOPTION/FINES: $293.00 TOTAL: $293.00 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for August 2002 from the Jacksonville Fire Department, which reflects a fire loss of $18,500.00, and a Savings Total of $97,000.00. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman Wilson to approve the Regular Monthly Report for August 2002 from the Jacksonville Police Department. Said report reflects; Total Value of Reported Stolen Property $58,479.00, Total Value of Recovered Stolen Property $21,019.00, and Total Report Sales $422.00. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Twitty, and Howard voted AYE. MOTION CARRIED. Mayor Swaim recognized Chief Ruthven to address the Council regarding additional crime statistical information. Chief Ruthven presented statistics regarding the 2001 crime rate in Arkansas as reported in the paper. He related that this data is in addition to the data he furnished in July regarding comparisons for Jacksonville to other cities and nationwide. He presented final September 2002 data, noting that the statistics regarding the initial data have improved. He noted decreases in the Crime index, Modified Crime Index, Violent Crimes and Property Crimes statistics. He related that there was no change in murder or rape crimes, adding that robbery statistics have improved. He stated that aggravated assault decreased only slightly along with burglary. He stated that larceny decreased from a positive number to a -.7%, adding that after correcting the numbers for motor vehicle theft that also showed a significant decrease. He pointed out that there had been no change in arson statistics. He stated that he wanted to make Council aware of the 2001 statistics compared to 2000. He then reported 2002 year to date comparisons to 2001 same period, saying that the Crime Index for that period was -9%, and the Modified Crime Index was unchanged. He related that Violent Crimes are down 20%, and Property Crimes are down 7%. He stated that there were no murders thus far this year, adding that there was one more rape this year than had been reported for the same time period last year. He related that robbery is down 18%, aggravated assault is down 22%, burglary is up slightly by 4%, larceny thefts are down 9% and motor vehicle thefts is down 23% with no change in arson. He stated that statistics thus far for 2002 continue to show a slight decline from 2001 in every category, which is against the trend. He related that the current trend is either leveling off or starting to climb. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPT: Request to Accept Bid for Automated External Defibrillators Mayor Swaim related that Chief Vanderhoof has additional information regarding the grant to purchase automated external defibrillators. He related that based on the bids received; Chief Vanderhoof, Finance Director Mushrush and himself have been working on the possibility of purchasing an additional defibrillator. He related that the Fire Department is purchasing five defibrillators, adding that two would require a training pack. Chief Vanderhoof explained that the Fire Department is required to have a trainer for the equipment, noting that the Park & Recreation Department is also planning to purchase an AED packet. He stated that the request 2 reflects one trainer per Department. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. Mayor Swaim related that the original bid reflected the package price that included a trainer per pack, adding that with the saved difference the City will be able to purchase an additional pack needed to fully support the Fire Department equipment needs. He stated that the Fire Department’s request is to purchase six AEDs within the 20% variance allowance, contingent on low bidder allowing the City to purchase an additional defibrillator at the same price. He related that an additional pack would allow the Fire Department to have the number of packs that were initially needed and allow the City to utilize all the grant funds. Alderman Wilson moved, seconded by Alderman Smith to accept the low bid from Zoll Medical Corporation and negotiate the purchase of an additional Automated External Defibrillators pack for a total of $11,403.74. MOTION CARRIED. POLICE DEPARTMENT: Request to approve purchase of K-9 Officer Mayor Swaim stated that this year’s budget was projected to include the replacement of one canine officer that is to retire due to age and ability to continue in duty. He related that there had been discussion regarding the purchase of a bomb dog, adding that Chief Ruthven felt a tracking dog is needed to work patrol. He stated that following the events of 9-11 and other events, the need for a bomb dog is certainly prevalent. He related that the Police Department has secured a good offer from a supplier and is recommending the purchase. Chief Ruthven noted the proposal from a North Little Rock working dog vendor, saying that Von Cline Stein provided the previous canine purchased. He stated that Von Cline Stein has offered to sell the City a st trained Labrador with handler training, available by December 1, that would be dual trained in bomb detection and tracking with a one-year guarantee for $4,500.00. He noted that this price is approximately a 50% reduction from the standard price. He then pointed out that the last canine was purchased for approximately $8,000.00, adding that the reduction is based exclusively on Lt. Shelly working with Von Cline Stein for a 50% donation. He then related that Lt. Shelly has been very instrumental in seeking private donations from businesses in the area, saying that to date they have pledges of $850.00 from three businesses. He related that the private donations would offset the funding request, adding that he feels there will be other pledges. Mayor Swaim pointed out that one reason to move forward with the purchase is because currently Jacksonville is borrowing Sherwood and the Little Rock Air Force Base’s bomb dog. He mentioned the wait involved for the animals to arrive, saying that it creates problems when there are a lot of people involved. He also mentioned the limited availability of the 3 dogs because of loan to other cities besides Jacksonville. Chief Ruthven stated that typically they spend three to four hours waiting for a bomb dog to clear the site and get business back to normal. He estimated that of that three to four hours, two-thirds of that time is spent waiting for the dog. He stated that the purchase of a bomb dog could reduce that time from three hours to approximately twenty minutes. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. Mayor Swaim stated that funds to purchase the canine would come from confiscated drug properties, adding that funds are available this year to expedite the purchase. In response to a question posed by Alderman Smith, Chief Ruthven stated that he is not sure of the dog’s age, but added that he is sure the canine is a young dog. He stated that the service life of most canines is five to seven years. Alderman Wilson moved, seconded by Alderman Smith to approve the purchase of a police canine at the 50% proposed discount price of $4,500.00 less the amount of donated funds collected by the Police Department, balance is to be drawn from the Confiscated Drug Property Fund. MOTION CARRIED. Mayor Swaim commended the work performed by the canine officers. SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: A. FINAL PLAT: First Place Commercial Park PH II City Engineer Whisker stated that the one-lot subdivision is located south of Dr. Collins Eye Center on North First Street. He stated that a one-lot subdivision is being platting to construct a larger eye clinic. In response to a question posed by Alderman Wilson, City Engineer Whisker related that if the owner of a tract of land does not plat the entire property at one time, then each time they want to construct a building, the property would need to platted for construction. It was noted that the owner has been asked to plat the entire tract, rather than subdividing one lot at a time. City Engineer Whisker related that often developers cite tax issues regarding platted lots. Alderman Wilson moved, seconded by Alderman Ray to approve the final plat of First Place Commercial Park Phase II. City Engineer Whisker noted that the sewer is to be constructed following the final plat approval, saying that it is similar to the stipulations carried with the Oak Ridge Ranch Subdivision. He related that the 4 building permit would be stamped “not all utilities available” and the Sewer Department has agreed to those terms. At this time, MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. b. ORDINANCE 1184 (#14-02) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED AT THE REAR OF 723 SCHOOL DRIVE, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Engineer Whisker stated that the triangular shaped property is located behind School Drive beside Whit Davis, adding that the property fronts Hwy 161 near the Crowder Upholstery shop. He noted that the property was previously used to be a trailer park, noting that the owner Mr. Davis plans to construct a storage facility for Whit Davis Lumber Company also located on School Drive. He related that the proposed zoning change is from R-7 to C-4. Alderman Elliott moved, seconded by Alderman Wilson that Ordinance 1184 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1184. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1184 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Lewis that Ordinance 1184 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1184 be placed on THIRD READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to attach the EMERGENCY CLAUSE to the Ordinance 1184. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Alderman Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. 5 GENERAL: a. Set Public Hearing: Abandonment of unused water easement Mayor Swaim stated that the City owns 70 acres of property on General Samuels Road that is bordered to the south by Vertac, General Samuels to the north, with property belonging to a local church on the east, and the railroad track to the west. He related that there is a 12” sewer line that transverses the property at an angle, adding that the line is old and leaked. He related that the City has received a grant and is hoping to sell the property for industrial use. He pointed out that the easement needs to be closed through a public hearing process, so the property can be sold. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. Alderman Wilson moved, seconded by Alderman Elliott to set a public hearing for October 17, 2002 at 7:00 p.m. regarding the abandonment of the unused water easement. MOTION CARRIED. b. RESOLUTION 567 (#12-02) A RESOLUTION EXPRESSING ACCEPTANCE, AUTHORIZATION, AND SUPPORT FOR DEVELOPMENT AND TRANSFER AGREEMENTS REGARDING VARIOUS RESIDENTIAL PROPERTIES IN SUNNYSIDE ADDITION WITH NON-PROFIT AGENCIES; AND, FOR OTHER PURPOSES. Alderman Lewis moved, seconded by Alderman Wilson to Read Resolution 567. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of Resolution 567. Mayor Swaim explained that over a number of years the City acquired lots in the Sunnyside Addition through condemnations, as well as property donations. He related that the City received a grant through the home program and built four new homes in the area, but added that costs to build a new home in the area made it very difficult to sell. He pointed out that the City maintains the lots until sold. He stated that it has been a City goal to improve the Sunnyside Area, pointing out that through contact with non-profit organizations such as Habitat for Humanity and one of the local churches, they are trying to start a Community Development Corporation to help revitalize the area. He stated that because the City does not have the funds, it would like to expend, to build new houses he is recommending that the Council allow the City to enter into specific contracts with non-profit organizations regarding new home construction. He stated that the contracts could only be extended for Non-Profit purposes and would have to provide housing for low to moderate income families. He related that this would allow new home construction on otherwise vacant lots in the Sunnyside area to improve the neighborhood. In response to a question posed by Alderman Wilson, Mayor Swaim related that the specific purpose of Resolution 567 is to address the lots, but added that there is some flexibility to allow for a similar contract regarding the remodeling of homes acquired by the City. 6 Alderman Ray moved, seconded by Alderman Smith to approve Resolution 567 in its entirety. MOTION CARRIED. APPOINTMENT: Alderman Elliott moved, seconded by Alderman Smith to appoint Mr. Jody L. Urquhart to the Sewer Commission for an appointment to expire 4/20/2006. MOTION CARRIED. Mayor Swaim noted that a former long-time Alderman, Mr. Joe Williamson had passed away. He extended condolences to the family. Director of Administration Mr. Murice Green requested a volunteer from the Council regarding a committee to revise the Comprehensive Development Plan. He related that the plan had not been updated for fifteen years, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 19, 2002 7:00 P.M. – 7:33 P.M. adding that the Committee is seeking a volunteer from the Planning Commission and the City Council. He stated that the next meeting is th scheduled September 26, at 1:00 p.m. Mayor Swaim stated that the preliminary work is completed, and that most of the information has been prepared for a survey that is ready to be mailed. He stated that the update is necessary to provide a long-term Comprehensive Plan and agreed that the Council should have input. Alderman Howard volunteered to work with the Committee. Chief Ruthven asked to be recognized. He then related that as a member of the Central Arkansas Law Enforcement Senior Officers/Chiefs, he was asked to speak to the City Council regarding the proposed tax increase for the General Election in November. He related that ¼ of one-cent is proposed for the Jail Facility, pointing out that if the proposal passes the City would no longer pay $125,000 annually as its fair share regarding expenditures for the Jail. He stated that if the proposal fails the Jail will immediately close 160 bed spaces and eventually 320 from the 11523 total. He stated that as the senior law enforcement official, what that means to him is that they will not be able to incarcerate people who they normally would. He then stated that once people who owe fines, realize that if they do not pay, they will not be incarcerated due to the lack of space, it will decrease the amount of revenue to the City regarding unpaid fines. Mayor Swaim related that a support Resolution is being prepared for presentation to the Council at the next regularly scheduled meeting. He noted that particulars will be discussed with the presentation of the Resolution. He agreed that the proposed tax for the Jail would affect the manner in which criminals are dealt with if the tax does not pass. Alderman Smith noted that a portion of the proposed tax increase is slated to help fund an education center. Mayor Swaim stated that a portion has verbally been pledged to the 7 education center and also infrastructure. Alderman Ray stated that he has been approached, regarding the renaming of Hospital Circle to Veterans Circle and would be prepared to address the issue at the next regularly scheduled City Council meeting. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:33 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 8