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03 AUG 07.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 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 August 7, 2003 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, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Finance Director Paul Mushrush, City Engineer Jay Whisker, Director of Public Works Jim Oakley, Human Resource Director Charlie Brown, Parks and Recreation Director George Biggs, Police Chief Ruthven, Fire Chief Vanderhoof, Mrs. Edith Smith, Mrs. Lendy Lewis, 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 July 17, 2003 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 19 June 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Engineering Report for July 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 32 Building Inspections 108 Business License 15 HVACR 44 Electrical 79 Plumbing 91 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 56 Notice of Noncompliance 10 Property Mowed 14 Towed 0 Trash Letters 12 Trash Removal 0 CONDEMNATIONS Cost for April $ 813.00 Structural Maint. Letters 21 Structural Repairs Made 2 Demolitions 2 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman Howard to approve the Regular Monthly Animal Control Report for July 2003. Said report reflects: ADOPTION/FINES: $569.00 CONTRIBUTIONS: $ 0.00 TOTAL: $569.00 ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray Wilson, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. PUBLIC HEARING ORDINANCE 1198 (#6-03) AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5.20 TO PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE; AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:04 p.m. Mayor Swaim related that he had received a call from an elderly lady who asked that her concerns be relayed to the Council. He related that she had informed him that many of the taxis did not have air conditioning and that one of the companies had dropped her off at Wal-Mart and did not answer their phone when she tried to call them to come back and pick her up. He stated that after three hours she was finally able to call someone for a ride home. He cautioned that the taxi companies should respond to their phones, adding that she also mentioned concerns regarding charges per bag. He related that she had informed him that some taxi companies are reporting that the City is making them charge $5.00 per person and .50 per bag, adding that is not a true statement. He expressed regrets that misinformation is being communicated, adding that the purpose of the public hearing is to provide the correct information. Mayor Swaim invited public comment from the audience, hearing none he closed the public hearing at approximately 7:06 p.m. DEVIATION IN AGENDA: Mayor Swaim related that he would like to deviate from the agenda to hear from Mr. Jim McKenzie from Metroplan regarding issues concerning the overpass. He stated that there has been a great deal of debate regarding the overpass and the Graham Road Cross closing. He related that Mr. McKenzie is the Metroplan Board Executive Director that oversees Federal Funding. He explained that the Board decides which transportation 2 projects are funded and how they are funded for the metro-area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. He asked Director of Administration Murice Green to highlight the City’s process to receive the Federal grant. Director of Administration Murice Green stated that he began with the City in 1995 and that discussions were underway regarding the overpass. He reviewed that in 1985 there was a bond issued passed to construct the overpass, but due to verbiage technicalities of the title, a lawsuit was filed and the project was dropped. He stated that in 1994 and 1995 the campaign for an overpass began again, pointing out that the railroad crossing was a safety hazard as well as an inconvenience regarding the number of trains that ran on a daily basis. He related that in 1996 the City prepared a package for Metroplan to review regarding federal funding, and prioritization. He went on to say that the City lost the bid in 1996, but presented another package in 1997 to Metroplan with additional information and research. He then explained that there are various issues judged regarding how a project is selected; adding that one of those particulars is safety. He stated that the City’s application presented to the Committee at that time addressed safety issues regarding the closing of the Main Street and Graham Road crossings. He stated at that time, the City did receive funding for the project. He reviewed that once funding was approved a concept for design was developed with safety as the prime issue. He related that there were at least five public hearings and many other presentations to local civic groups and clubs. He stated that the material he has on file goes from 1996 to 2003, including several clippings from newspapers that mention the closing of Graham Road and Main Street crossings as part of that issue. He related that the final publicized public hearing was presented by the Arkansas Highway Department at the Community Center and again the closing of Graham Road and Main Street crossings were addressed. He related that while the City has received several letters on issues since that time, it was nothing that was not discussed, or presented to the public over a period of approximately seven years. He went on to say that he would like to relate this to a current project underway. He explained that he is currently handling the project for the redevelopment of the old Vertac site, and that there have been three public hearings with zero input from citizens. He added that most likely when ground breaking begins complaints will start. He stated that the City does everything possible to make all the information available to citizens. He stated that the City always strives to do what is best for the City and the citizens involved. Mayor Swaim recalled that there were 12 rail grade separations or overpasses on the list for funding and that the City of Jacksonville was graded #1 based on factors of traffic volume and safety issues. In response to a question posed by Alderman Sansing, Director Green stated that the proposal to close Graham Road was in the 1997 plan 3 presented to Metroplan as well as part of City Council discussion in the minutes around that same period of time. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mayor Swaim then clarified that the proposal to close Graham Road was also a part of the public hearings held. Director Green stated that it was the same when the plan was being developed based on the preliminary engineering studies regarding the best locations, adding that it was open for public input and as a result, there were three alternatives considered along with input regarding the one-way street. He stated that all issues were addressed and made available to the public. Mayor Swaim related that he has asked Mr. McKenzie to come and offer input as to how it affects the City’s relationship with Metroplan and the Federal and State Highway Funding issues. Mr. McKenzie complimented the City on the wonderful grade separate on Main Street and that it was the first of 12 identified in the Metropolitan area that was funded and is the first completed. He credited Mayor Swaim’s perseverance and tenacity toward the project. He stated that Metroplan adopted the 12 grade separations as part of their long-range regional transportation plan resulting from public demand because communities were split by railroad tracks and increasing railroad traffic, adding that hospitals were separated from communities, schools from homes, fire stations from residences and businesses. He related that there was a strong felt need around the region. He pointed out that in 1997 when the 12 grade separations were adopted by Metroplan costs were estimated at approximately 55 million dollars, adding that by the time they are all completed it will be closer 75 million. He stated that Metroplan receives approximately 6 million annually designated to the metropolitan area; pointing out that in relation, any one-grade separation is a sizable investment to make. He went on to explain that 12 grade separations were competing to be the first funded; adding that when Jacksonville made its proposal it was premised on both Main Street and Graham Road being closed. He related that when Metroplan ran the transportation model to determine traffic volume and grade separation costs it was premised on both crossings being closed regarding the poor safety record at both grade separations that rated high. He stated that the project was approved for funding while eleven others were not. He related that the Metroplan Board consists of 25 members, 19 mayors, 4 County Judges and a representative from the Highway Department and Transit Authority. He went on to say that all the members have agreed to one set of rules that they strictly adhere to; explaining that when a city makes a presentation in a competitive setting, the Metropolitan community expects them to do what they have said they would and that is the situation here. He then related that Jacksonville has another grade separation at J.P. Wright Loop on the list. He questioned what would happen if a few months after the Main Street overpass was opened, 4 Jacksonville retracted its word. He added that firstly, it would be uncharacteristic of Jacksonville, which has a stellar reputation in the Metropolitan community; but hypothetically without speaking for the other elected officials, he stated that he can safely say that “future projects that Jacksonville proposed for funding would be looked at with the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. knowledge that what you see is not necessarily what you get” and that could affect the competitive nature regarding projects to be funded. He related that anytime there is a change regarding traffic patterns there is going to be an impact on some business. He stated that Metroplan staff looks at different types of business and the different impacts on those various types of business. He stated that in this particular instance, there are mostly destination businesses rather than convenience businesses that depend on drop in traffic. He went on to say that at least some initial drop in business is expected creating some private sector impact. He advised that what you, as elected offices, then have to do is weigh if there is a greater public good to be achieved. He continued, is the safety in keeping the Graham Road crossing closed, except for emergencies, greater than the impact on the private sector. He related that as a technical staff recommendation, he would say that Metroplan would recommend closing that grade crossing. He pointed out that “it makes no sense to have that grade crossing literally within a block or two of a grade separation from a safety standpoint, or from a mobility standpoint”. Mayor Swaim opened the floor for questions from the Council members. He stated that there would be no way to be sure, but his only question would be that if the City had not agreed to close the Graham Road crossing, given that the project was not funded the first time, where would Jacksonville rank today as far as getting the overpass built. Mr. McKenzie responded that he believes it would have significantly impacted the traffic numbers, which could have changed the ranking. Mayor Swaim stated that it could have placed the project years down the road, noting that there is not another one started. Mr. McKenzie related that there are a few that have started with State funds and that Metroplan has been able to invest in some planning and right-of-way acquisition, but for a route that is not a State Highway such as with Jacksonville that is the exception rather than the rule. Discussion ensued regarding the Cabot overpass; Mr. McKenzie related that although it was looked at closely it is not to be located downtown, because it would have taken out too much property. He added that they are locating it on the north side of downtown, trying to get a local street changed into a State Highway. He related that the engineering work is completed, but funds for right-of-way or construction as not been 5 allocated yet. Alderman Fletcher questioned if the crossing in Cabot that is there now is going to be affected, asking if that was a contingency for them. Mr. McKenzie stated that it was not because it is a significant distance away. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mayor Swaim noted that there were a number of businesses displaced by the overpass, adding that some had to go out of business. He added that some property owners were not pleased with the appraised value of their property by the Arkansas Highway Department. He went on to say that the City has great sympathy for those businesses and the businesses that have problems now. He related the difficulty when you strive to do a project to improve the entire community, but it creates a problem for some. He related that he had received a call from Mr. Taylor of Taylor Electric who expressed that he did not want the Graham Road crossing reopened, saying that not everyone in that business area desires to have it reopened. He thanked Mr. McKenzie for responding to concerns. Mayor Swaim then noted that there had been open discussion by the City Council and that the Council consented to both crossings being closed if necessary. He pointed out that the issue has been addressed by the Council in front of the press and public, adding that there are times when you have to make decisions that you might not otherwise make under different circumstances. Mr. Jim Spurland co-owner of Emily’s Magic Wash stated that his business is located next to the Graham Road block. He stated that one of the main issues being discussed has been safety, adding that he sees an area that is going downhill. He projected that the abandoned convenience store is going to stay vacant and related that his business income is down by 50 percent. He stated that the fish market is looking for a place to relocate. He related that the area is turning into a slum area and as such, it invites crime and drug activity, adding the value of property has decreased. He stated that one of the main reasons the overpass was constructed was safety, adding that he feels the overpass is fantastic and does not have any complaints about the overpass, but added that not only is it an inconvenience to close Graham Road, but it invites crime into the area. He stated that a Police Officer recently told him that the Police Department was caught off-guard and did not know the Road was going to be closed, adding that the Officer had stated it was a problem area because now the Police would have the difficulty of getting in and out of the area. Mayor Swaim requested the Officer’s name. Mr. Spurland declined to give the Officer’s name, and went on to say that they use to see Police cars in the area all the time and now they are 6 very rarely seen. He stated that 99% of the traffic on Graham Road is going away from his business. He noted that while it may be true his business is a destination type business, people that have been coming for years in the evening feel unsafe and will not come. He stated that the City is putting him and others out of business, bringing down property values, and inviting drugs and crime into the area. He stated that if the big reason for closing was safety, from his viewpoint, it is a simple fix, even if the City does not want to go back on its word, just open up Graham Road. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mayor Swaim stated that it sounds simple, but as previously mentioned the application was based on the crossing being closed and if the City goes back on its word there could be a reclaim of the four million dollars and future federal funding would be suspect. Mr. Spurland questioned the safety factor in this. Mayor Swaim clarified that it is a transportation safety issue. Mr. Spurland stated if two people are murdered in that area, how does that affect it; explaining that a life is a life whether they are killed at a traffic crossing or not. Mayor Swaim related that he has spoken with the Chief Vanderhoof and Chief Ruthven on several occasions regarding issues of that area and neither of them have expressed a problem getting Police cars in or out of the area. He went on to say that Chief Vanderhoof has clearly stated that if reopened the City will not run fire trucks that way because it is not a guaranteed crossing. He then pointed out Mr. Spurland’s business experienced a greater traffic volume during the two year construction period, noting that Mr. Spurland purchased the business late and the number of cars included traffic that would have used Main Street. He related that if the crossing were reopened the traffic count would go down by at least 2/3 than previously experienced. Mr. Spurland stated that it would improve some because people would see the business. He related that his business would be easier to get to, adding that some people do not come by there because it is difficult to get to. In response to a question posed by Mayor Swaim, Mr. Spurland responded that there is not another laundry mat on that side of the track, adding that they go to the laundry mat in the center of town. He stated that his main issue is that the City sees it as a safety issue for citizens. He hypothesized that visitors stay in town at hotels, they look for a place to have their laundry done and drive to that area, and if there is not any traffic going by or parked cars outside they are not going to stop. He stated that when fall comes and it gets dark early, there will be 7 nobody there. Alderman Ray expressed empathy for Mr. Spurland, but stated that development of Main Street, the overpass and the one-way streets was done to extend Main Street eastward for development. He went on to say that the City did not close that part of town, but closed the crossing because it was the best way. He stated that it is felt that part of town is going to develop in time. He posed the question if the people can hold out until it develops, pointing out that the people held out until the overpass was approved and built. Mr. Spurland acknowledged that it may develop, but that there is no way a business will come in his area when 99% of the traffic is diverted away from that area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Alderman Stroud offered that public confusion might be able to be cleared up if the City would adopt an ordinance to close the street officially. Mr. Spurland stated to his understanding the City Council has to vote to close a street. Mayor Swaim agreed, clarifying that the City did not closed the street. Mr. Spurland pointed out that there is a big sign saying “Road Closed” on both sides of the crossing. Mayor Swaim acknowledged, saying that it is closed to through traffic. He explained that when the City closes a street or road the land is divided between any adjacent property owners, which is reason the City Council passes an Ordinance. He stated that when an Ordinance is passed it means that the road no longer exists and the property no longer belongs to the City as a street right-of-way. City Attorney Bamburg clarified the sign posting, saying that the “Road Closed” sign is for traffic and public safety purposes. He explained hat the City has a responsibility and duty to ensure that appropriate traffic patterns are observed in all cases throughout the city. He stated that when the City Council passes an ordinance, although the same terminology is used, it has an entirely different meaning just as much of the English language does. He stated that from the perspective of the City, it is abandoning its interest in the property and the property reverts to the adjoining property owners. He related that this has not occurred and it will not until the City Council acts. He clarified that the ability to close a road, put up a barricade, and declare the road closed to traffic does not take City Council action. Alderman Fletcher expressed his concerned, acknowledging some of Mr. Spurland’s points of argument regarding the area’s possible future and proposing that the area needs to be stimulated regarding some type of activity. He stated that he felt one of the greatest stimulants would be 8 a convenience store, pointing out that the next closest convenience store is Buck’s on Military Road. He stated that he felt the business would do well given the number of people that live in the area. He suggested, if possible the City work a special enterprise zone, install more street lighting, work to get the empty building leased and consider moving a police substation into the area. He called for some type of proactive plan to lessen the blow to the area and attract more business. He referred to the pre-Council presentation regarding nuisance areas. Mayor Swaim stated that he would love to see the building leased, but added that when Graham Road was open to traffic no one was interested in opening the store. He stated that the City is certainly interested in attracting people to that area as well as all over the City. He expressed his concerned that talk portrays that the City is closing a huge area and making it a restricted area. He pointed out that are business like Mr. Taylor’s that are going to stay and operate. He stated that he would be interested in hearing ways to stimulate the area. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mr. Gerrick Feldman asked if the City reserved the right to reopen the crossing if there were problems. Mayor Swaim related that the statement was if it created a traffic problem, then the City reserved the right to reopen. Mr. Feldman stated that he understood that if there were any complaints then the City would reconsider. Mayor Swaim clarified that if there were traffic problems. Mr. Feldman stated that his feeling is that there could be economic blight in the area, creating a decrepit situation. He stated that he does not believe it is going to work, adding that the overpass is great but there are many hardships being created and it could create more crime. He related that his business has experienced more vandalism in recent months. He mentioned that they have experienced panhandlers coming by, saying that he is not sure if one is related to the other but he is concerned about the future of the area. Mayor Swaim reiterated you have to measure the impact of business owners who went out of business as a sacrifice in order to have the overpass. Alderman Sansing stated that he was on the City Council at that time, and remembers some discussion, adding that from the beginning he voiced his personal opposition to the closing of the Graham Road crossing. He stated that he has always been opposed to the closing, adding that he was always under the impression that it was a temporary closing. He reflected that maybe his interpretation of what he understood as temporary was different than what is intended, adding that he wanted to go on the record that he was opposed to it from the very beginning, but is only one vote out of ten. 9 Mr. Myron Roberts questioned if the Fire Department is not willing to use the Graham road crossing if reopened, and if the Department uses the Loop Road crossing can it be considered the same. Chief Vanderhoof related that if the Fire Department uses the Loop Road crossing and a train goes through then the ambulance or fire truck is blocked temporarily. He stated that the Fire Department has to use a route that is going to be open, which is the overpass. He stated that before the overpass the Fire Department had to take a chance, adding that other stations and Firefighters are depending on us to get there as quickly as possible, so our standard route will be the overpass. Mayor Swaim stated that if a fire occurred in the Loop Road area, the Toneyville station would respond and Station 2 would respond over the overpass. Mr. Spurland stated that everyone likes the overpass; the issue is if Graham Road has to be closed. He added that by deciding to keep Graham Road closed the City is inviting crime and run down areas. He stated CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. that to him it seems that the bottom line is about money, saying that if the road is opened the City might lose the money. He stated that he does not feel that the main reason he is hearing is safety. He stated that if safety is an issue, it could be a big problem once the Road is closed for a long time. He stated that it would be and area that is deteriorating with people being injured and that all he can see that the City is worried about loosing the money for the overpass. Mayor Swaim related that the important issue missed here is that the City would never have gotten the overpass based on keeping Graham Road open. Mr. Spurland countered that the City did get the overpass and while it is true you did say that you would close the road, now can you not say that the closure is causing a hazardous and unsafe area for our citizens. Mayor Swaim re-clarified that the safety issue judged was a transportation safety issue, which is a totally different issue. He stated that if used as an argument the City would be told that it is our responsibility to provide Police protection for that area. He related that transportation safety was the defining issue. Mr. McKenzie reiterated that it is a question of weighing the private interest against the greater public good. He stated that he believes that it is a gross over statement to claim that no business will ever succeed in the area. He went on to say that it may not now be an appropriate place for a laundry mat, but there are businesses there that will be successful, and that there are businesses that can relocate there and be successful. He pointed out that it is a Police power that the public exercises in doing things like this and that you have to weigh 10 these kinds of issues. He related that from a staff standpoint, he still maintains that the greater public good was building the overpass and closing Graham Road, adding that he would recommend that the City keep it closed. Mr. Myron Roberts stated the newspaper reported that it was going to be a temporary closing and nothing about it being permanent. Mayor Swaim reiterated that the statement was based on it being temporary to see if it created a traffic problem and it has not, it has created an economic problem that we all acknowledge. Mr. Ron Powell co-owner of the laundry mat, stated that he noticed that there was no agenda about the Graham road crossing. Mayor Swaim related that the issue is a presentation regarding the overpass funding. Mr. Ron Powell stated that he also noticed that the City brought someone to make the City’s point, but no one was invited for the other side. Mayor Swaim stated that Mr. Feldman was aware of the issue and that it was published in the paper under the overpass funding. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mr. Ron Powell stated that he does not believe the common person is going to know that the overpass funding means Graham Road Crossing. He went on to say that he does not think it is a business thing, but a safety issue regarding access to the place. He stated that there are no Police there anymore. He related that he had told the Chamber of Commerce that he had alarms go off by mistake about two months ago just after the road closed, saying that ADT called the Police and that 20 minutes later still no Police. He stated that before they were right across the road and available in no time. Mayor Swaim stated that he does not want to belabor the issue, but if Mr. Powell is trying to relate that because of the crossing, the Police refused to come or that it would take 20 minutes to get there, that is a terrible argument. Mr. Powell stated that it is not really an argument, it is a fact of what happened. He added that another point is that the only people that the closing will help is the taxi people, going to the fitness center is an extra six blocks now, charging $5.00 instead of $1.00. Mayor Swaim stated that the taxi rates are a flat fee. Mr. Powell interjected that obviously he was being facetious, saying that for him to get to his business it is a five or ten minute extra drive. Mayor Swaim stated that he has driven the overpass several times and it 11 has never taken over three minutes even with being stopped by the lights. He stated that he would gladly drive Mr. Powell to see if it takes longer. He stated that he is sorry about the misunderstanding, saying that the perception is that he adamantly does not want to open the crossing just because he does not want to, saying that is just not true. He related that there are responsibilities in government that may not be what we would choose. Explaining that as Tommy Swaim, he might make a different decision; but as Mayor, he made a commitment. He stated that the City received the grant based on closing the Graham Road crossing and that his feeling is that the City Council and Administration has a responsibility to live up to that commitment. He stated that he is not being stubborn to believe it needs to remain closed, but that it is something that that has to be done. He stated that if the City did not keep its word the Metroplan Board Members would never trust anything proposed by Jacksonville again. He pointed out a long list of issues such as the widening of Graham Road to four lanes, which is coming up. He stated that the City already has the money to complete the engineering study; adding that opening the crossing puts other projects in jeopardy. He stated that as a citizen of Jacksonville he would not want the Mayor and City Council to do that. He offered City Council an opportunity to proposed different action at this time. No alternative action was proposed and the City Council continued discussion regarding the proposed Taxi Ordinance. RESUME AGENDA: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mayor Swaim noted that the Ordinance would be considered as amended. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1198 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1198 and stated that in the reading it includes an omission on page three of the Ordinance or page fourteen of the agenda, of subsection A regarding Zones, and removes, in subsection B Charges on page four of the Ordinance or page fifteen of the agenda, the language “in one zone to a destination within the same zone”. Mayor Swaim noted that the original Ordinance called for separate fees for bags and luggage, which has been removed. City Attorney Bamburg read section B Charges, to be amended as follows: For transportation of passengers(s) from a point of origin within the City will result in a charge of up to Five Dollars ($5.00) per one way trip within the City. Mayor Swaim stated that it is not meant to be interpreted that the taxi companies must charge five dollars, the City is not setting the fee, competition will set the fee. 12 In response to a question posed by Mr. Myron Roberts, Mayor Swaim related that the Ordinance does not set a minimum fee, but added that it would be upsetting to learn that citizens were being charged $5.00 per one way for a two-block trip. He stated that is not the intent of the Ordinance, adding that the intent of the Ordinance is to allow the taxi companies to charge fares that will allow them to make a living. He stated that if competition is over charging, the customer might not call them back. He clarified that if a taxi were to pick up a customer at Hwy 107 near the General Samuels area and take them to Graham Road on the other end of town you can charge up to five dollars, but if a customer were picked up at Wal-mart and take them across the freeway to the TCBY shop you do not have to charge five dollars. He stated that there should not be any confusion; the City is not setting a five-dollar fee but a maximum charge. Mr. Roberts requested clarification regarding the minimum age for insurance on drivers; he related that insurance would not cover a driver if they were less than 21 years of age. Mayor Swaim related that City Attorney Bamburg has noted that minimum age of 21 to be a State statute. Discussion ensued regard the requirement for an applicant to submit proof of company insurance. Mr. Roberts explained that he is his only employee and requested Sunday to close for vehicle maintenance, noting that the Ordinance requires a taxi company to be open seven days per week. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. Mayor Swaim noted that the Ordinance requires a taxi company to be available twelve (12) hours a day, seven (7) days per week. Mr. Roberts stated that his customers are aware that he is closed on Sundays. He noted that the other taxi companies work 24-hours. Mayor Swaim explained that the requirement could not be removed or acceptation made to without it being offered to the other taxi companies. Mr. Roberts continued to cite that he is his only employee and can not run everyday. Mayor Swaim reiterated that the Ordinance has to be applied across the board and if acceptations were made, all the taxi companies could at some point choose not to offer service on Sunday. He suggested that Mr. Roberts develop a larger customer base and hire an additional driver. Discussion continued with Mr. Roberts requesting special compensation regarding the service day requirements and several Aldermen and Mayor Swaim reiterating that special compensation cannot be granted to one taxi company without being provided to all. 13 Mr. Roberts questioned if maintenance down time would be held against him, he was assured it would not. He again questioned if he could close on Sunday if he transferred his calls to other taxi companies. Mayor Swaim responded that he would need to have an agreement with the other taxi companies to willingly assume his calls. Mr. Roberts stated that he could leave a message to call another taxi company on his answering machine. Mayor Swaim stated that would not be sufficient. Mr. Roberts countered that it gives the customer another number to call for a taxi. Mayor Swaim related to Mr. Robert that it was his company that the elderly lady had complained about when she was not able to get a ride from Wal-Mart after being dropped off there by him. After being offered opportunity to amend, there was no action by the City Council to amend Ordinance 1198 to grant special compensation to Mr. Robert’s taxi company. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1198 be APPROVED on FIRST READING. Mayor Swaim offered opportunity for public comment, being none roll call was taken. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1198 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1198. Alderman Lewis moved, seconded by Alderman Howard that Ordinance 1198 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1198. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1198 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION 14 CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1198 THIS 7 DAY OF AUGUST 2003. Mayor Swaim noted that the Ordinance would go into effect 30-days from passage. c. Request to accept bid for the Mulberry Street widening Mayor Swaim related that when the overpass was built, traffic patterns were diverted. He related that originally it was planned to open Second Street to Hwy 161, but that became a very expensive proposition with bids coming in at approximately $400,000. He stated that with City Engineer Whisker’s help an alternate route was designed that would allow traffic to flow to Second Street and onto the overpass. He stated that the bid would improve the short block area of Mulberry Street. He pointed out that the low bidder is Burkhalter Technical Inc., adding that City Engineer Whisker is in agreement with the low bid. He stated that $15,000 would be drawn from CDBG funds and the balance of $46,211.20 would be drawn from the Capital Improvement Fund. Alderman Howard moved, seconded by Alderman Sansing to accept the low bid from Burkhalter Technical Inc. in the amount of $61,211.20 with funds to be drawn as previously stated. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Chief Ruthven offered that City Council an opportunity to view the new decal design for police units in the rear parking lot following the City Council meeting. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2003 7:00 P.M. – 8:07 P.M. In response to a question posed by Alderman Howard, City Attorney Bamburg related that he has been in contact with the City Attorney from North Little Rock and have agreed to use the same form for liens. Alderman Stroud stated that many of the offenders have discovered that the City can have grass mowed at a cheaper rate than if they contract the job for themselves. He asked that considerations for filing of liens be expedited. City Attorney Bamburg related that filing of the lien will accomplish have it on record, but it does not guarantee the City will collect. It was noted that it would depend if the person does pay their taxes. In response to a question posed by Alderman Fletcher regarding topographical map requirements regarding drainage on major commercial developments, City Engineer Whisker related that the restaurant development on Marshall did file a drainage plan, which was subsequently 15 changed causing four-day delay. He stated that it amounted to a change in regard to location of a pipe. Alderman Fletcher expressed concern for the development of phase II of a recently approved subdivision regarding approval for the sewer, noting that the Wastewater Department is only allowing an additional 28 lot to the existing pump station. He questioned plans to keep the growth moving in the west part of Jacksonville. Mayor Swaim stated that there is a plan by the Wastewater Department, recalling that the City Council approved a rate schedule increase last year, which included a 1.5 million dollar outfall line to be constructed in west Jacksonville to be completed in 2004 or 2005. He stated that he has been in recent meetings with the Wastewater Department to escalate the timetable if possible, but added that the funding has been set for 2004 to be completed in 2005. He concluded saying that every effort is being made to being at an earlier timeframe. He stated that enough funds have been identified to have the preliminary work completed and possible start the west fall line in the beginning of 2004. ADJOURNMENT: Mayor Swaim without objection, adjourned the meeting at approximately 8:07 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 16