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03 DEC 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 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 December 4, 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, Sansing, Ray, Wilson, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT seven (7), ABSENT (3). Alderman Lewis, Fletcher and Stroud were absent. Others present for the meeting were: City Attorney Bobby Bamburg, Deputy Clerk Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, Finance Accountant Cheryl Erkel, City Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director Theresa Watson, Parks and Recreation Director George Biggs, Police Captain Baker, Fire Chief Vanderhoof, Planning Commission Chairman Art Brannen, Chamber of Commerce Director Bonita Rownd, Justice of the Peace Dennis Sobba, Mrs. Judy Swaim, Mrs. Barbara Green, Mrs. Edith Smith, Mr. Larry Smith, Mr. David McClanahan, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of November 20, 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 Ray that the minutes of the Regular City Council Meeting of 6 November 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Howard to approve the Regular Monthly Engineering Report for November 2003. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 16 Building Inspections 78 Business License 8 HVACR 61 Electrical 85 Plumbing 31 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 16 Notice of Noncompliance 76 Property Mowed 26 Towed 9 Trash Letters 15 Trash Removal 2 CONDEMNATIONS Cost for November $ 1,331.87 Structural Maint. Letters 5 1 Structural Repairs Made 0 Demolitions 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 P.M. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Request from property owner Mr. Yancy at 190 Pike Circle Alderman Ray stated that he had been contacted by Mr. Yancy regarding the residence at 190 Pike Circle. He stated that Mr. Yancy had requested additional time for repairs. He then noted that he and Alderman Stroud had investigated the progress at 190 Pike Circle and determined that they would be in favor of granting Mr. Yancy additional time to bring the house back to Code. City Engineer Whisker added that Mr. Phillips of 162 Roosevelt is also requesting additional time for repairs. He stated that both have jobs and are working on the properties in the evenings. Discussion ensued regarding a suitable amount of time for completion of repairs and it was noted that any debris should be removed from those residences. It was also suggested that a progress report be filed with the City Council. Alderman Ray moved, seconded by Alderman Wilson to grant a 90-day extension to Mr. Yancy regarding the residence at 190 Pike Circle and to Mr. Phillips regarding the residence at 162 Roosevelt stipulating that debris be removed within 30-days and progress reports be filed every 30 days. MOTION CARRIED. City Engineer Whisker related that demolition has begun 307 South Oak, but added that efforts to demolish 112 South Elm had not begun yet. It was the consensus of the City Council to proceed with demolition at 112 South Elm. b. Request to close LOPFI Fund Finance Director Paul Mushrush stated that currently the LOPFI Fund is not being used because the State Insurance Turnback Funds are required under State Law to be established into a separate fund with a separate checking account. He stated that distribution is now made directly to the Fire and Police Pension funds and the other funds go to the State 2 plan for active uniformed Police and Fire and is held at LOPFI regarding monthly credits. He stated that there is no longer a statutory need to maintain a local fund or checking account. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 P.M. Alderman Wilson moved, seconded by Alderman Ray to close the LOPFI checking account and fund. MOTION CARRIED. c. ORDINANCE 1212 (#20-03) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1212 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1212. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1212 be APPROVED on FIRST READING. In response to a question from Alderman Smith, City Engineer Whisker responded that Mr. Davidson purchased building permits for three properties but did not complete the repairs. Mayor Swaim noted that communication with Mr. Davidson began regarding one of the properties as early as 1996, adding that the property is still not repaired. City Engineer Whisker stated that the property at 117 Joiner was on the list in 1996. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1212 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1212. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1212 be placed on THIRD and FINAL READING. Mr. Alex Guajardo owner of the property at 124 Galloway Circle addressed the City Council, relating that he recently purchased the property in August. He stated that he has completed many improvements and has prepared a list of those improvements. City Engineer Whisker stated that Mr. Guajardo started repairs to the property and submitted a scheduled repair list but did not meet his 3 timeline regarding those repairs. In response to a question from Alderman Ray, Mr. Guajardo reviewed an extensive list of demolition regarding the plumbing, electrical and interior walls. He added that he has mowed the grass and removed debris. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 P.M. He went on to state that the floor joist, floor and roof decking have been replaced and that the house has new plumbing, shingles, fascia boards and new interior walls. He went on to explain that he was sent to school for three weeks regarding his employment and was unable to do any work on the house during that time. He then answered that he plans to finish the job, adding that the City inspector has pass the structural soundness of the completed work. He requested a 60-day extension. It was noted that the condemnation process provides a 90-day window for compliance. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1212. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1212 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1212 THIS 4 DAY OF DECEMBER 2003. d. PRESENTATION Budget 2004 Mayor Swaim noted that a draft budget has been provided. He asked that Council members review the budget and prepare questions for the next regularly scheduled City Council meeting. He noted that the growth in the budget is not as much as it appears given changes in property tax, explaining that the property tax is reflected in the General Fund and then into the Expenditure fund. He stated that prospects for funding the budget five-years out have been projected and he and Mr. Mushrush feel comfortable that the projections are on track. He noted that there were additional cuts in the budget and that there will be some changes in Departments, adding that all Department Heads have been very cooperative. He stated that the draft budget being presented is a passable and feasible budget for next year. Alderman Wilson questioned why sales taxes are not included as general revenues but are shown as transfers. Mr. Mushrush related that the sales tax funds are maintained in a separate Sales Tax fund. He stated that the funds are appropriated as a general revenue, adding that a separate fund serves as a tracking mechanism for revenue and distribution. He noted that the new one-cent sales tax will be tracked so that each project is funded exactly as planned. He then answered that within the Sales Tax Fund there are 4 separate line items. Mayor Swaim clarified that prior to his tenure, an ordinance was passed that set up three separate funds regarding sales tax money, the Capital Improvement Fund, Equipment, and Drainage fund. He noted that sales tax funds were never allocated to those funds, but were instead put in the General Fund. He related that when he became Mayor, he began allocating sales tax funds into the separate funds for tracking and accountability CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 P.M. purposes. He noted that the fund division would allow separate accounting regarding monies collected to build the college, Police and Fire training facility and the pool. Mr. Mushrush added that there would be a schedule in the annual audit to show the appropriations and expenditure for each of the years. Mayor Swaim asked Mr. Mushrush to elaborate on the actual growth of the budget. Mr. Mushrush stated that page 8 shows the change in the expenditure budget to be 6.84% because of involuntary non-exchange transactions being required to be reported in the General Fund. He noted that the non- inflated actual change to be 4.13% over last year’s budget. He then stated that the other significant issue is the change in the LOPFI subsidy (State Insurance Turnback funds), which inflated the expenditure budget but did not impact the revenue side of the budget. He noted that the City was previously funded at a rate of 71% regarding uniformed LOPFI but is now funded at 41%, representing a true expenditure change. He stated that without consideration to those two items impacting operations regarding the General Fund operating budget is 2.57% which is the figure he considers when calculating long-term funding impacts regarding 2008 and 2009. Mayor Swaim stated that in essence that is the only real growth in the budget, adding that the rest is forced or unfunded mandates. He stated the budget would be before the City Council at the next regularly scheduled meeting for consideration. ORDINANCE 1213 (#21-03) AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS TO COMPLETE THE TRANSFER OF PROPERTY AND FINALIZE DEVELOPMENT OF THE NORTH PULASKI WATERWORKS FACILITIES BOARD; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim stated that an ordinance is required to help the new City Facilities Board, formally the North Pulaski Water Users Association, regarding the transferring of assets back and forth. He asked that the City Council suspend the rules and place Ordinance 1213 on First Reading. Alderman Wilson moved, seconded by Alderman Ray to suspend the Rules and 5 place Ordinance 1213 on the Agenda. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1213. Alderman Wilson moved, seconded by Alderman Ray to place Ordinance 1213 on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1213. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 4, 2003 7:00 P.M. – 7:55 P.M. Mayor Swaim explained that the assets would be transferred from the North Pulaski Water Users Association to the City of Jacksonville and then to the New Facilities Board. He added that the Ordinance addresses any legal questions. Alderman Wilson moved, seconded by Alderman Sansing that Ordinance 1213 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1213 be placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1213. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1213 be placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1213. Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1213 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. TH ORDINANCE APPROVED, ADOPTED AND NUMBER 1213 THIS 4 DAY OF DECEMBER 2003. DRAFT SIGN ORDINANCE: Mayor Swaim noted that the draft Sign Ordinance has been provided, adding that the Planning Commission will review the th Ordinance at their regularly scheduled meeting Monday December 8 at 7:00 p.m. for Council members wishing to attend. ANNOUNCEMENT(S): Mayor Swaim invited the public to attend the annual th Christmas Open House Friday, December 19 at City Hall 12:00 p.m. to 3:00 6 p.m. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:55 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7