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03 SEP 18.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 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 18, 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, 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 Heather Palermiti, Director of Administration Murice Green, Human Resource Director Charlie Brown, Finance Director Mr. Mushrush, Finance Accountant Cheryl Erkel, City Engineer Jay Whisker, Parks and Recreation Director George Biggs, Parks and Recreation Public Relations Director Annabelle Davis, Public Works Director Jimmy Oakley, Police Chief Ruthven, Fire Chief Vanderhoof, CDBG Director Theresa Watson, Mr. Mike Wilson, Mr. Ben Rice, Mrs. Pat Bond, Mr. Tommy Bond, Planning Commissioner Susan Dollar, Mrs. Judy Swaim, Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Smith, interested citizens and members of the press. Mayor Swaim announced that a public hearing is scheduled for the next regularly scheduled City Council meeting of October 2, 2003 at 7:00 p.m. to vacate and close a portion of Campbell Drive. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the Regular City Council meeting of September 4, 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 21 August 2003 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Wilson moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2003. Said report reflects the Total Value of Reported Stolen Property $92,926. Total Value of Recovered Stolen Property $35,061 and Total Report Sales $382.00. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Wilson moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2003 from the Jacksonville Fire Department, which reflects a fire loss of $75,500 and a savings total of $316,500. REGULAR MONTHLY REPORT/ENGINEERING Alderman Wilson moved, seconded by Alderman Ray to approve the Regular 1 Monthly Report for August 2003. Said report reflects: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 45 Building Inspections 81 Business License 14 HVACR 45 Electrical 86 Plumbing 89 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 317 Notice of Noncompliance 31 Property Mowed 19 Towed 2 Trash Letters 2 Trash Removal 0 CONDEMNATIONS Cost for March $1,227.00 Structural Maint. Letters 4 Structural Repairs Made 0 Demolitions 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Wilson moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for August 2003. Said report reflects: ADOPTION/FINES: $753.00 CONTRIBUTIONS: $ 0.00 TOTAL: $753.00 REGULAR MONTHLY REPORT/SANITATION AND STREET DEPARTMENTS Alderman Wilson moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2003. SANITATION DEPARTMENT GARBAGE TRASH Tons taken to Landfill 627 Cubic Yards Collected 2,800 Tipping fees for March $ 9,555.00 Cubic Yards Mulched 1,400 Bulk tons to Landfill 71 Tipping fees/August $ 3,606.00 RECYCLING Curbside pick-ups 4,538 Drive-thru Customers 690 Tires Collected 1,844 Estimated Revenue Paper, Plastic, Aluminum $ 3,4828.42 STREET DEPARTMENT ROAD AND DRAINAGE BEAUTIFICATION Asphalt Shims 0 Bags/Litter 137 Storm Drain Inlets cleaned 0 Islands mowed 80 Storm Drain Culverts cleaned 4 Yards mowed 53 Open ditches cleaned 2 R-0-W mowed 4 miles Potholes repaired 17 Community Service Hours 2 Utility cuts repaired 14 6 people 279 hrs. Shoulder repair 100 feet Seasonal People 6 R-O-W cleaned/street sweeper 300 miles Ditches Cleaned 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Culvert Cleaned 280 feet SIGN & SIGNAL Drain Inlet Boxes repaired 5 Signs Fabricated 34 Curb & Gutter replaced 0 Signs Installed 71 Sidewalk repaired 60 feet Pavement Markers 4 Asphalt Milling 0 Sign Post Installed 29 Base Failure Repair 1 site Signal Maint. 35 hrs Miles of R-O-W mowed 250 miles ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: SANITATION DEPARTMENT: STREET DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Tonya Addition City Engineer Whisker related that the Plat is a one-lot plat for a residence for Mr. Boyce Penn. He related that the property is located on the corner of Anna and Trickey Lane. He noted that 30’ has been dedicated for the Trickey Right-of-way and 25’ for Anna Lane. Alderman Wilson moved, seconded by Alderman Ray to approve the Final Plat of Tonya Addition be approved. MOTION CARRIED. GENERAL: a. DISCUSSION Graham Road Crossing Mayor Swaim reviewed the history of the project, stating that in the late 70’s and early 80’s there was an initiative voted by the public to fund an overpass. He stated that the funding was not enough and the project was not built. He related that in 1987, there was an engineering study that put forth various proposals and efforts to fund the project were resumed. He stated that the project was a much-needed project for the Sunnyside Hills area, adding that the City had the opportunity to apply for Federal and State funding to fund the overpass project. He related that the City hired an engineering firm to conduct the study and a number of public meetings were held which varied in attendance from very few to a hundred or more. He added that the project was addressed in the City Council agenda and the Highway Department conducted a final public hearing at the Community Center where they provided information regarding the crossing. In response to a question from the audience, Mayor Swaim responded that the public hearing was held on June 29, 2000. He then explained that the 3 process began in February 1996, adding that the local newspaper reported that the public hearing was well attended by more than one hundred citizens. He stated that considerations for the overpass that were discussed included where it should be located, how the construction should be, and the closings. He continued, saying that after the public CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. hearing a grant application was filed with the Metroplan Technical Committee. He related that the application was reviewed, adding that representatives of the Railroad were on that Committee and it was held as a public meeting. He related as an important factor that following the public hearings was when the proposal was prepared, Item 14 of the proposal questioned cities to “identify all railroad grade crossing closures that would result from the project”, and Jacksonville answered “Proposed closures as a result of the project are Main Street and Graham Road”. He pointed out that this information was in the original application, and was available at the public meeting hosted by the Highway Department at the Community Center along with copies of the Environmental Assessment Study. He stated that one handout announced the City’s plan to block the existing railroad crossing at Center Street and Graham Road after opening the overpass, adding that it also stated that if no unforeseen traffic problems developed, the City would proceed with a permanent closing. He then noted two additional places in the Economic and Environmental Assessment Study where it again states the City’s plan to block the existing railroad crossing. He stated that the misinformation depicting that the City never discussed or offered citizens an opportunity for input is not correct. He related that the item had also been on the City Council agenda a number of times, and was discussed. He related that some citizens have inquired if the information was available why the newspaper did not print that. He stated that he is unable to answer why the newspaper did not print that information. He added that the press has had the information, saying they could have printed it if they wanted. He related that the proposal to obtain funding for the overpass included closing both crossings. He asked Director of Administration Murice Green to address the application process. Director of Administration Murice Green stated that following the public hearing in 1996, the City submitted an application to obtain funds for the rail grade separation. He stated at that time the City received funding approval for the preliminary engineering but not for the construction. He stated that between 1996 and 1997 there was a study conducted regarding all rail grade separations throughout the Metropolitan statistical area, adding that considerations for ranking the rail grade separations were traffic flows, risk analysis, and the number of trains through the intersections. He stated that Jacksonville was rated at the top of the list, so when Jacksonville resubmitted the same information on its application in 1997 it was approved for construction funding based on the ranking. He noted that the ranking is determined by the Technical Coordinating Committee, which consists of representatives from each of the Cities within the Metropolitan statistical area. 4 Alderman Wilson questioned if Jacksonville was the only grade separation that would have closed two crossings. Director of Administration Murice Green stated that he did not have that information. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Sansing questioned any difference between the 96 and 97 applications that may have moved Jacksonville to the top of the list. Director of Administration Murice Green stated that the application was basically the same, adding that the only difference was the study completed between 96 and 97, he noted that the application has a formula to figure risk analysis of accidents, vehicle traffic flow and train traffic flow. He stated that it is his assumption that because of the study Jacksonville received the rating it did. Alderman Sansing stated that it was his impression that the 96 application did not include a traffic count from Graham Road, but the 97 application did, to bump the numbers up high enough to get Jacksonville to the top of the list. Director of Administration Murice Green stated that he was unaware of any difference. He related that when he began his tenure with the City in 1995, he was aware that traffic counts were performed, adding that he does not know if there was in difference in those counts. He stated that he is not aware of where that information came from. Mayor Swaim related that it has also been said that the City is trying to create a slum area in Sunnyside, adding that he hates that has been said and pointed out that previously in the newspapers he was quoted as saying that it was a needed project for the neighborhood. He stated that it was characterized as the deterioration of a large segment of our population, adding that is not reflective of all the people who live in Sunnyside. He went on to say that he was also quoted as saying it is the dumbest political move he has ever made because there are going to be unhappy people no matter what; adding that, however, it is a needed project and it has been a needed project for many years in Jacksonville. He stated that there has never been any intent to do anything but improve that area. He recognized Mr. Jim McKenzie with Metroplan to answer questions and provide information. Mr. McKenzie reviewed, saying that Metroplan is the designated Metropolitan Planning Organization required by Federal law to spend Federal Transportation dollars in the area. He stated that in order to do that, Metroplan firstly has to have a memorandum of agreement among all participating local jurisdictions along with the State Highway Department and Transit Authority. He clarified that it must be agreed to do cooperative planning and abide by the standards and plans developed, adding that if a signatory is not in agreement they are not eligible for 5 Federal Transportation Funding. Secondly, he related that they have to maintain a 20-year transportation plan, which Metroplan did when they adopted their Metro 20-20 Plan in 1995. He related that public hearings were held all over the Metropolitan area and the one thing that came across loud and clear from every single community was that something needed to be done about the rail grade separations. He stated that rail grade separations are separating households from schools, families from hospitals, fire stations from communities, and cutting communities in half, adding that they are considered dangerous and need to be addressed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. He stated that following the adoption of the plan in 1995, Metroplan immediately began evaluating the many hundreds of rail grade crossings in the Metropolitan area. He related that a sophisticated evaluation system was used to identified the top twelve separations that would provide the greatest connectivity, safety, have the greatest ability to ease traffic congestion and were evenly spaced across the Metropolitan area to provide the greatest connectivity between communities. He stated that larger MPO’s (Metropolitan Planning Organizations) are given a direct allocation of Federal dollars, adding that when Metroplan began the process they received approximately 4.5 million dollars and set up a competitive jurisdiction application process for Federal funding. He added that it was between 1996 and 1997 when the Board asked for competitive proposals. He explained that when the grade separation proposal from Jacksonville came in, Metroplan wanted to fund the project but did not have the 4 million dollars, but were able to fund the Engineering to gain a handle on costs. He related from that point and time until the next year, Metroplan finished their rail grade separation study for the region and consultants estimated construction costs for all twelve of the identified priority grade separations. He related that they ranged from 3 million to 7 million dollars, adding that the Board made a commitment to fund all twelve over the next twenty years and then the separations were ranked. He stated that many considerations were taken into account in the ranking; the ability to improve safety, willingness of the railroad to contribute, and traffic volumes were modeled. He added that the Jacksonville Main Street crossing was ranked first for funding. He then said that as a result of going back and reviewing those evaluations, he feels safe in saying that if Jacksonville had made the proposal without closing the Graham Road crossing, one block away from a 4 million dollar Federal investment, Jacksonville would still be waiting for funding. He related that he does not feel Jacksonville would have ranked #1 on the list but would be near the bottom along with the majority of grade separations that are still struggling to be funded. He stated that the proposal Jacksonville made was to close both crossings, adding this is not a condition imposed by the Metroplan Board, but is the proposal Jacksonville made to the Board to seek Federal funding. He concluded, saying that all he is suggesting is that Jacksonville keep its word to close the Graham Road crossing. He then stated that he does not like to talk about such, but as he mentioned before that Jacksonville would renege on its word to him is 6 inconceivable, adding that he does not believe that would happen. He stated assuming Jacksonville did, the Metroplan Board would have several alternatives. He pointed out that the Board could ignore it and in that case throw out the entire plan and rules established because if one community is not going to do what they say then the rules should not apply to everyone else. Secondly, he surmised that the Board could ask for the money back because while Jacksonville has the authority to open that crossing, the money was granted for the grade separation by promising to close that crossing. He added that the Board could also impose a moratorium on future investment of Federal funds in Jacksonville until the City kept its word. He pointed out that the moratorium would include the proposed grade separation at Loop Road, the funded planning CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. and engineering to widening Graham Road, as well as suspending the annual $100,000 in Federal sub-allocation given to Jacksonville to spend on any Federally eligible project along with any Federal investment to widening 67/167 through Jacksonville. He pointed out that all of those projects could potentially be at risk, adding that while he is just the Staff Director and does not speak for the Board, he would make recommendations. He added that he would consider this a serious matter, feeling compelled to make some kind of recommendation on the outside chance that this Council would renege on its promise. He explained that there are many reasons to close rail grade separations, pointing out that the Federal government is pushing freight mobility across the nation and is trying to close as many rail grade separations as possible. He added that while he can talk about connecting communities, traffic counts, and private and public interest, the primary reason to close rail grade separations is that they kill people. He referred to a newspaper article passed to the Council, saying that the article is from a 1979 Jacksonville newspaper regarding four teenagers that were killed at the Main Street crossing. He stated that in the last ten years there have been 200 fatalities at rail grade separations in the State, 1400 rail grade accidents at Highways, 200 fatalities and 500 injuries. He added that in Pulaski County there have been 68 accidents, 3 fatalities and 15 injuries, which he feels is the most significant reason to close a rail grade crossing. He stated that from a technical standpoint he would repeat the recommendation that he offered to the Board last time, which is to close the Graham Road crossing permanently and immediately. In response to a request from Alderman Wilson, Mr. McKenzie related that until the last census, the members in the Metropolitan area were Pulaski, Saline, Lonoke and Faulkner. He added that the transportation area is a subset encompassing most of the area population; Faulkner County includes Conway, Mayflower and Vilonia, all the cities in Pulaski, Cabot, and Lonoke County principally Austin and Ward, Benton, Bryant and Saline County as well as the County government. He stated that the aforementioned jurisdictions were all in competition for those funds. In response to a question posed by Alderman Wilson, Mr. McKenzie stated that he could not recall if Jacksonville’s application was the only one 7 with two crossings being closed, but is sure it was the only one with two crossings so close together. Alderman Sansing noted that the application process took place in 96 and 97, adding that economic times change and asking if Mr. McKenzie is saying that the Metroplan Board would still want the crossing closed even if it forces people into bankruptcy and causes an area adverse affects. Mr. McKenzie stated that the Mayor’s comment earlier is well taken when he said that the whole purpose of the project is to connect one side of town to the other. He added that if Graham Road had not been closed the town would still be separated by a heavily used railroad track where people would still be putting their life in danger on Main Street as well as Graham Road if it were reopened. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Twitty questioned if Jacksonville had not agreed to close the crossing would the City be on the bottom of the list for an overpass. Mr. McKenzie stated that he could not say that Jacksonville would be on the bottom of the list but would still be waiting for funding because at 5 to 6 million dollars it takes all of the money that Metroplan receives to build one grade separation and the politics of that gets “pretty dicey”. In response to a question posed by Alderman Sansing, Mr. McKenzie stated that the Loop Road crossing is closer to the bottom of the list, maybe tenth. Discussion ensued regarding Loop Road’s ranking on the list of twelve. Alderman Sansing stated that he understood it was ranked #2, and Mayor Swaim added that the actual rating information is available. Mayor Swaim then stated that Jacksonville had a chance to get two in the top twelve, but added that it would be unfair for one jurisdiction to dominate the available funding because of the wait involved. Mr. McKenzie explained that the best he can recall is that Loop Road is currently ranked #9, adding that the ranking does not mean that it will be the ninth funded. He explained that some of the grade separations on State Highways might be funded through the State and some jurisdictions that ranked higher than Loop Road may not have the available match. He concluded that the ranking does not necessarily coincide with the timing of when the separations will be constructed. He stated that the Mayor touched on a good point when he said that over a period of time Metroplan has to guarantee that the Federal funding is spread over a geographical area. Alderman Sansing asked Mayor Swaim if he felt the Board would understand the economic and property value issues involved with the closing. Mayor Swaim stated that he felt the Board members would be understanding, 8 but added that they have their own jurisdictions to consider. He stated that another jurisdiction is without an overpass because Jacksonville received the funding, adding that other jurisdictions may feel if they had gotten that funding it would have boost their economic situation. He pointed out that there were seven to nine businesses that went out of business because the overpass was built, adding that no one has expressed concern for those business owners. He reminded that a number of businesses went out of business when Hwy 67/167 was built because the traffic pattern changed. He questioned if cities should not do progressive things because of a negative impact at times. He added that the easiest thing for him to do would be to plead with the Board and Metroplan regarding the crossing, but added that it would create the possibility of Jacksonville not receiving future Federal funding. He stated that while the other Board members might appreciate the situation, they may also feel that Jacksonville did not keep its word, so they may feel they have to make a commitment, otherwise there is no enforcement CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. for following the rules within the Organization. He then asked Mr. McKenzie what the technical reasons for not recommending the funding of four lanes on Graham Road, which is the reason that two streets were turned one way. Mr. McKenzie stated that if the Graham Road crossing were reopened they would have to go back and evaluate the widening because as the project is currently proposed if reopened a significant amount of traffic would be dumped from a wide road onto a very narrow roadway and then across a dangerous crossing. He told the Mayor that he hoped his words were not too harsh, but he would considered it an act of willful negligence to intentionally encourage traffic to cross an “at grade crossing” knowing how dangerous they are when there is an overpass one block away. He stated that from a technical standpoint, aside from the policy issue, he believes the Metroplan staff would want to re-examine that entire proposal, were the Graham Road crossing reopened. Alderman Sansing stated that he feels the need to make certain comments, saying that recently in the press he first heard it was the Railroad that wanted the crossing closed. He then related that the Railroad said Jacksonville had it closed, and later that it was a gentleman’s agreement. He added that he also heard it would be a temporary closing to get people accustom to the new traffic pattern, and later that it was closed because their was not much attendance at the public hearings. He added that at the last City Council meeting he finally realized that the decision to close it was in 1997 before any of the public hearings. Mayor Swaim stated that it was just discussed that all the public hearings were held before the application was made, adding that there is documentation to prove that. Alderman Sansing conceded the point, and questioned if there have been any traffic counts on Loop Road since the closing. 9 Mayor Swaim stated that there have not been any, adding that it was expected in the proposal that Loop Road would have increased traffic. He related that Loop Road is a less traveled road and therefore it could handle an increase in traffic flow. Alderman Sansing stated that since the closing there has been a problem with trains. He explained that trains are now stopping downtown, and there has been an increased problem with vagrants in the area. He related that he feels that the problems were unforeseen and that the Metroplan Board might be understanding instead of what he considers as “veiled threats” against working with the City in the future. He reiterated economic changes since the proposal, adding that he believes as time goes on there will not be an agreement over Graham Road being closed. He stated that he is not in agreement and feels there are quite a few citizens that feel the same. Mayor Swaim recognized members of the audience to address the City Council. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mr. Steve Giles addressed the City Council, saying that he is an attorney retained by Mr. Gerrick Feldman, owner of the Leader Publishing Company, to speak on his behalf and on behalf of those in favor of removing the traffic barriers. He asked the audience to stand if they were in favor of removing the barriers, a guesstimated 2/3rds of the audience stood. He stated that this is a very personal and sensitive business issue, adding that he has just gotten into this and does not have all the facts and information. He stated that he has learned some from Mr. McKenzie this evening. He thanked City Attorney Bamburg for faxing him information. He then related that having been a Deputy City Attorney for many years he understands the public health, safety and welfare issues and the importance of that, and the very hard decisions that City Councils have to make. He stated that it seems to him from what his client and others have told him that this is really a matter of fundamental fairness. He added that his clients honestly believe that through the process regarding public hearings that the direct business owners most affected by the closing did not understand that the City was going to close Graham Road at the grade crossing, adding that had they known they would have shown up and made a public record. He stated that this decision is “killing these people”, and that they are going to have to close their businesses. He stated that some have already been moving, adding that for others it is going to be much more difficult and costly to move. He stated that the reason is because traffic is not coming to their business, saying that traffic does not want to go to that end of town now because it is too far out of the way and they can not get there. He stated that some of these people have suffered very special damages that are different from the public in general. He added that he is here to appeal to the Council’s sensitivities because, as he said before, he does not know all the facts about the decision process going back to 1996, but can relate that people are suffering and they are asking you to 10 make the decision not to close Graham Road. He stated that he would offer a compromise, explaining that what he has heard tonight is that the City has not actually closed the Graham Road railroad crossing. He stated that he is sure that City Attorney Bamburg has informed the City Council that in order to do so they have to pass an ordinance to close the right-of-way and then give the right-of-way to abutting owners. He related that the City Council has not done that, but just erected barriers. He added that the City and the public still own that right-of- way subject to the railroad easements, saying that maybe a compromise to help these people is to remove the barriers and wait to see regarding a determination that it is absolutely necessary to close that crossing. He stated that he has not heard anybody say there have been accidents at the Graham Road crossing, adding that he has seen the record on the Main Street crossing but not Graham Road. He pointed out that this has been a road for 100 years owned by the public for vehicular purposes, which is now being taken away and in doing so, it is hurting local businesses and economy. He suggested that Council consider the compassionate proposal to remove the barriers until such time. He added that he has heard that the barriers have been there for about six months and that for another six months the City is going to leave them to see if there are any unforeseen circumstances requiring closing it permanently. He suggested that City Council remove the barriers and wait until the time they pass CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. an ordinance to close the right-of-way, adding that maybe public hearings could be held to hear from these citizens again as to what has happened during that period of time, have things got better, or worse. He stated “that way you can save face with your citizens”. He then related that he is not aware of the legal implications of the Metroplan issue that Mr. McKenzie raised, but said this seems to be the right thing to do for the time being and reconsider at a later date. He offered that at least it might give these people an opportunity if they feel like they have to move to at least have their business going while they make that decision. He then raised issues regarding the problems experienced by his client concerning access of tractor-trailer rigs in and out of the business. He stated that Oak and Elm Streets are not right angles and the eighteen- wheelers are having real difficulty making those turns, adding that they are running over sidewalks, and breaking drainage inlets that are costing public money. He then pointed out that the eighteen wheelers are also running over people’s yards, saying that one thing that could help would be to improve that intersection for truck access. He related that the eighteen-wheelers are not even coming to Mr. Feldman’s business anymore because of the intersection at that corner. He thanked the City Council for the opportunity to speak. Mayor Swaim stated that the City Engineer, Street Superintendent and himself have looked at intersection and Mr. Feldman’s Driveway was extended for him because he said that his trucks could not turn in, so an effort was made to make it easier for the trucks. He added that the City 11 is looking at the proper way to make the turn possible for the trucks. He related that as to the other issues, it is not what the City had said but was included in the public hearing information that the Highway Department released in its literature regarding it being closed unless there were unforeseen traffic problems. Alderman Fletcher expressed concerned, saying that he is trying to look at the big picture because of other important issues on the agenda. He mentioned what the City could loose should Graham Road be reopened, pointing out those being the crossing at Loop Road and the widening of Graham Road saying that both would affect the area of town that benefited the most through the overpass. He questioned the feasibility, if the City went to Metroplan and self imposed a moratorium on City projects and asked if they would just take these projects for the next five or six years. He noted that the ones that are directly affected by this are the people that the Council with good intentions is trying to help. He noted that for a long time this town was divided in three sections because of the freeway and the railroad. He stated that the freeway issues did not last as long because of the overpasses and underpasses, adding that the grade separation has always been a dream of the City. He stated that it hurts him to see something that ought to be celebrated, dividing us. He stressed the importance of uniting to deal with other issues on the agenda. He stated that we are all partners that need to look at ourselves not as an “us versus them” issue. He stated that he believes that type of atmosphere creates mistrust between public servants and the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. public. He stated that the City Council is their representatives and they are trying to do what is best for the City in the overall picture. He related that the City does not have 4 million dollars to repay, and if the City places a self imposed moratorium on future projects it is going to cost that area of town possibly longer than five to ten years. He stated that all issues, like it or not, need to be laid out. Mrs. Debbie Bartland addressed the City Council, explaining that her mother Francis Smith lives at 504 Graham Road. She stated that anyone that has been down Graham Road could see what the big trucks turning onto Elm Street have done to her mother’s yard. She stated that the City has done nothing about it, explaining problems with being able to mow the grass. Mayor Swaim assured Mrs. Bartland that as stated previously, the City is looking at a solution to remedy that problem. He then answered Mrs. Bartland, saying that the project took a long time to be completed and the City will have to reroute the drainage in the area. He stated that the City Engineer has reviewed the project and how it can be accomplished, noting that currently the drainage inlet is on the corner. He then offered to meet with her and her mother with the City Engineer to hopefully expedite the process, if that would be agreeable. Mrs. Bartland agreed, saying that so far the City has done nothing. 12 Mayor Swaim stated that he is sorry Mrs. Bartland cannot see anything that that has been done, adding that he does agree with her statement, but there has been work on the process to get it fixed. Mr. Jody Urquhart addressed the City Council, saying that he represents the Local Governmental Affairs Committee for the Chamber of Commerce and serves as a Chamber Board member. He stated that the Committee held a meeting approximately one month ago, which was posted in the paper letting the public know that they were going to discuss the issue of the Graham Road railroad crossing. He stated that e-mails to all businesses were sent out inviting them to attend. He stated that three Aldermen attended along with the City Engineer. He related that none of the issues regarding the understanding with the Metro Board was brought up at the meeting, but the Committee decided to forward a motion to the Chamber of Commerce Board to support reopening the railroad crossing. He stated that eleven of the sixteen members Board were present and the vote to support asking that Graham Road railroad crossing be reopened was five to two. He clarified that the first vote was a voice vote, adding that Mr. Feldman had asked for a show of hands which proved to be five to two in support for the opening of the Graham Road railroad crossing, which brings him to the Council express the Chamber of Commerce’s desire to reopen the railroad crossing. Mayor Swaim stated that he attended that meeting, adding that he believed the vote was five to three but was not absolutely sure. He stated that while he is on the Board, he is not a voting member and did not count toward a quorum. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mr. Wally Nixon addressed the City Council, saying that he is a long time resident at 1412 Graham Road. He stated that he is very familiar with Graham Road and would like to ask the City Council to look for every possible way to preserve an option to reopen. He stated that it appears to him that there is still a legal option to retain the crossing for the reasons mentioned earlier. He noted his surprise to learn from talking with Mr. Feldman, that the Leader employs so many people. He then questioned if the Graham Road crossing was ranked in any way, mentioning that the Loop Road and Main Street crossing were ranked. He asked that the City Council consider the options that remain available, respond to the people that live, work and have property in that area. He explained that he recently acquired a house in Sunnyside where he was raised and where his mother still lives, adding that he agrees that the overpass is a great thing and is pleased to have it. He went on to say that he believes there should be the option of two crossings, instead of having just one. He stated that he may not have been aware of the pending closure but that it came as a surprise to him that it would suddenly be closed without a formal declaration or ordinance. He thanked Council for the opportunity to speak; saying that he hopes the City Council will do the right thing. 13 Mayor Swaim stated that it was his understanding from the City Attorney that the City was not required to pass an ordinance in this circumstance since the City is not closing the feasibility or the usage of the Road running to Spring Street, pointing out that the only part of the Road that will ever be closed is the part that belongs to the railroad right- of-way. Mr. Cecil Brittan addressed the Council stating that he knows most of the members and they know him. He stated that he is not here to cast stones, make accusations or try to be disagreeable. He stated that he believes there has been some unforeseen things take place that no one recognized regarding an error with long reaching consequences. He related that he is speaking primarily on behalf of Jim Spurland and Ron Powell who recently purchased the laundry business and Mr. Peters, owner of the Peters Fish Market. He informed the Council how Mr. Peters and his wife came to be residents and business owners in Jacksonville, investing $50,000 in rental property. He related that Mr. Peters was earning a good living, but has now not been able to pay his rent in three months. He added that Mr. Peters told him that he has lost 65% of his business. He then explained that Jim Spurland and Ron Powell borrowed $85,000, and took a second mortgage on their homes to enter the coin laundry business in a rental building. He stated that he carries the mortgage on the two buildings that were sold in 1997. He stated that the owner currently works for the Army National and Air Force Exchange System in Tokyo. He stated that when the current owner does not receive rent, then he does not get his mortgage payment and would have to take the buildings back. He stated that he cannot foresee that happening with as much money that has been put into the deal, however it remains a possibility. He requested if at all humanly possible a reopening be considered, saying that he had not been paying attention but found it astounding that no one he has talked to knew the crossing would close. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. He related that this came to his attention seven weeks ago when he was informed that his property value has decreased by 50% in that area. He stated that Mr. Feldman has 100 employees, and has said that not a single employee knew that it was going to close. He related that he is making his appeal from their standpoint, adding that he has not considered what his own loss might be. He then posed a question to Council, saying if keeping the crossing closed devalued their property by 50% would they keep it closed. He stated that he is looking at four families that bought the buildings from him and are going to loose between 200,000 and 250,000 dollars. He related to the Council his choice upon leaving Germany in 1973 to make Jacksonville his home and after retiring in 1976, being helped as a small businessman by Mr. Pat Wilson. He noted that Mr. Pat Wilson was an advocate of the small businessman through out many years and a great leader in the Community. He suggested that if it were not for Mr. Wilson’s leadership, Metroplan might not yet be a reality. He stated that he believes that the Council believes that if Mr. Wilson were here tonight he would say, “lets do whatever we can and make an appeal to Metroplan, so that we open this crossing and let these people 14 survive”. He related that he does not believe it is anyone’s fault in particular, but an error in judgments. He stated that he does not believe it was realized that it was going to cause this much difficulty. He encouraged the Council with the bible story regarding Solomon and David, appealing to their leadership as a quality that requires when a man makes a mistake to fix it. He stated that he respects and esteems the Council’s position, and realizes that not everybody will ever be satisfied with any decision. He related that even though he lives in Mountain View, he feels like a dual citizen because he still keeps an apartment in Jacksonville. He related that Jacksonville has been a great City to him, relating early plumbing referrals from Mr. Pat Wilson; in conclusion, he stated that he believes that Mr. Wilson would say, “lets make a way to open this crossing and revive that section of business”. Alderman Lewis stated that he lives on the east side of the overpass, saying that for him it always seemed he was crossing the tracks when the train was coming. He stated that he is very proud to have the overpass, but questioned that while he is hearing that people want the crossing reopened, he has not heard any suggestions of how the money could be repaid. He stated that he would like to hear some suggestions, saying that as it stands he is torn between the issues, adding that he would like to see the crossing closed but also has sympathy for the businesses. As a follow up, Mayor Swaim mentioned that after hearing many times that no one knew about the Graham Road closing, he would like to relate that a gentleman came to his office last week from South Carolina, Mr. Emerson Smith. He explained that Mr. Smith had been stationed here and purchased numerous rental properties, adding that Mr. Smith had related that he had been reading the paper and wanted to express that he was aware of the closing even from reading the papers sent to South Carolina. He related that Mr. Smith was not in favor of reopening the crossing, adding that he only mentioned this because it is unbelievable to him that no one knew it was going to be closed when it was discussed so many times and in so many different places. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mr. Jim Spurland co-owner of Emily’s Magic Wash stated that he agrees with Alderman Fletcher that the Main Street overpass is something that should be celebrated, but doubted that any Council member has a business on that side of the tracks or has devalued property. He stated that if a poll were taken it would be very slim, the number of Council members that actually live on that side and have been affected. He stated that he has heard assumptions tonight, one of those being that if the City had not agreed to close Graham Road they would not have gotten the funding for the overpass. He added that he did not hear that to be a fact but just an assumption. He stated that another assumption he heard was if Graham Road were reopened, the City will loose money or have to pay it back and not get any kind of funding in the future. He questioned if anyone has approached Metroplan and told them what is occurring with a lot of people in the area complaining. 15 Mayor Swaim stated that Mr. McKenzie is the Director of Metroplan. Mr. Spurland questioned if it is a fact that the City would loose funding in the future, or have to pay the back money. Mayor Swaim stated that there would be no way to know for sure until the Board voted. Mr. Spurland asked Mayor Swaim if he had known that there was going to be this many people complain, would he have agreed to the closing. Mayor Swaim offered an example, saying that he had built a new home some years ago in the Toneyville neighborhood and that after being established, it was proposed that 100 units of low-income subsidized housing be built in the area. He stated that without question this lowered his property value, adding that he did not approach the Planning Commission and asked that the housing not be built but that they make sure that there were two safe entrances into that subdivision for the Fire and Police vehicles. He stated that everyone has suffered at various times regarding different things. He stated there is speculation the City could go and poll the Board to see what would happen but added that he does not believe that to be an actual gage until something was actually done, he deferred to Mr. McKenzie. Mr. Spurland asked if Mayor Swaim was implying that he would have proceeded. Mayor Swaim answered that he would have, adding that he is quoted in the papers as saying it was a bad political decision, but having lived in Sunnyside in three different locations, the benefit that is coming out of this would not have changed his mind at the time. He reminded everyone that there are people who had businesses and suffered tremendously during the construction phase, but no one seems to be mindful of that. Mr. Spurland stated that is true, but added that it was temporary and the Road is permanently closed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Discussion ensued regarding other businesses that went out of business and financial aid to help them move. Mayor Swaim noted that the City did not help them move, he added that without being argumentative he would still make the same decision because he believes it was the right thing to do. He stated that it had been an issue that separated our City for a long time and is much needed, just as the 100 units near his home were much needed. He stated that his interest was more about safety than the devaluing of his property. Mr. Spurland stated that is true, but how many properties have gone down in value because of the closure, how many business are going to go out of 16 business. Mayor Swaim questioned how many houses have gone up in value because of the better access to that part of town. Mr. Spurland stated the he would like to see a show of hands from the Council members who live on that side of the tracks. He then stated that his main question was if this is just an assumption, that the City go back to Metroplan and say that if we reopen Graham Road are we going to loose Federal funding. He stated that “yes, you would be going back on your word but you did not know this was going to happen either”. Mayor Swaim stated that from his standpoint as a voting member of the Board, if another city had the same situation he would look very strongly at penalizing that city. Mr. Spurland stated, “All I want is an answer are we assuming”. Mayor Swaim answered, “you have already gotten the answer, the assumption was that it would be”. He added that Mr. McKenzie said that was his opinion, meaning that was an assumption. Mr. Spurland stated, “No, are you assuming”. Mr. McKenzie interjected, saying that precisely what he said was, not as a threat to Jacksonville and painful to say, but that the options for the Metroplan Board could include asking for the money back, insisting that Graham Road be closed as a condition for future Federal funding, and as the Mayor said earlier they may or may not do any of those things. He then added that he could say that as the Staff Director he would strongly recommend that members should do what they said they are going to do unless there is an overriding public interest to the contrary. He added that after meeting with some of the involved property owners in his office and offering to meet with anyone involved to look at the issues and in meeting with the Mayor and his staff, it is his opinion that this is not the case in this instance. He stated that he would so recommend to the Board that they ask for Graham Road to be closed, ask for the money back and pending one or the other withhold future Federal Transportation Funding from Jacksonville. He stated that this is not a pleasant thing for him to suggest and he takes no pleasure in it. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Sansing questioned Mr. McKenzie’s comment, unless there was an overriding public interest to the contrary. He gestured to the audience, saying these are the people that are directly affected, these are the people that have an interest. He stated that he believes this is a very overriding public interest. Mr. McKenzie stated that with all due respect, he believes what is being seen is an expression of private interest, which obviously needs to be weighed in the public interest but that the totality of private interest 17 does not necessarily define the public interest in the long term. He stated that if the two businesses in question are to be saved you would have to close the Main Street overpass because it causes a permanent diversion of a significant amount of traffic that will not return to Graham Road as a result of a reopening. Mrs. Brenda Long addressed the Council, saying that she is not greatly affected by the closing because she lives on Sorrells Street and is able to travel down Hwy 161 or Loop Road. She stated that her son lives on Pulaski and has a problem with drugs being dealt across from his home, adding that her son has indicated that he does not see as many police cars in the area. She expressed concerns that the neighborhood is becoming a ghetto. She stated that her point would be what could be done about the Sunnyside Addition and the traffic that is being routed through and causing problems. Mayor Swaim stated that no patrols of the area have been changed. He clarified that he never said Sunnyside was a ghetto or would become a ghetto, adding that the paper had accused him of creating a ghetto. He added that the City has spent a significant amount of money to improve Sunnyside by building houses and selling them at or below what it cost to build. He noted over 3 million dollars of infrastructure improvements regarding water, street and sewer. Alderman Twitty stated that it was her understanding all along that in order to get the funding for the overpass the Graham Road crossing would be closed. She stated that that no one had come forward before to voice their opposition and that she is sure the members of the Council felt they were acting in the best interest of the City. Discussion ensued regarding the attendance of the public hearings being at as much as 100 in attendance at one meeting. Mr. Jerry Richenbach addressed the Council, stating that he does not live on that side of town, but understood just from reading the headlines in the paper that the crossing was closing. He asked that the Council hold up the literature that was provided by Mr. McKenzie, saying that the article involving the deaths of four youths is the reason the Main Street overpass was built and questioned who would stand on the assumption that it would not happen at Graham. He concluded saying that he cannot see any logical reason for reopening Graham Road and have someone killed the next day. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mayor Swaim quieted the audience, asking them to show courtesy to all speakers. Mr. Fred Zoral of Harold Street addressed the City Council, saying that he has lived on Harold Street for twenty-three years and has never yet seen anything in the paper regarding closure of the Graham Road crossing. 18 He added that the Mayor told him that the closure would only be temporary but the next thing that happens is that the railroad tore up the crossing. He stated, “What is the true story”. Mayor Swaim stated that the true story is as he had related, stating it was to be closed temporary and not taken up as it relates in the statement from the Highway Department, that there would be a year to look at the closing if it created a major traffic problem. He added that the Railroad did come and tear the crossing up and that he along with the City Engineer began working to get it put back because that was not the agreement with the Railroad. He stated that is the story documented by the Highway Department and that he has not deviated from that information. He stated that it would be a misunderstanding to interpreted that as meaning that it would be closed for a while and then opened by up. Mr. Zoral disagreed, saying that he was told it would be “temporary permanent closed because I asked you about permanent closing and you said No, just temporary, we want to keep it temporary in case of any kind of emergency we can open Graham Road up”. Mayor Swaim stated that he did say that, explaining that he had said that it would be opened up if there was an emergency, but it would not be permanently closed until we had time to decide on the traffic. He stated that it is as simple as he read, “if no unforeseen traffic problems develop they will proceed with a permanent closing”. He related that is the statement as written and that is the statement he followed. He stated that the City is doing exactly what they said they would do. He then explained that one of the papers contacted the public relations person at the Railroad who expressed that they did not care if the City opened the crossing, so in turn he then called the Railroad and related that if they did not care, he would like to look at that in a year and see what they can do. He added that the Railroad then said that was not the agreement. He continued that the paper then went back and spoke to the representative that knew about the agreement and then the paper quoted that person as saying that there was an agreement to leave it temporarily and then take it out. Mr. Zoral stated that he was also told that if the City did, it would have to pay back the Railroad $50,000 and now Mr. McKenzie is saying that we would have to pay everything back. Mayor Swaim stated that in his discussion with Mr. Zoral, he had related that the Railroad had offered $50,000 to take out Graham Road, adding that he did not enter into discussion regarding the 4 million because the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. $50,000 was regarding Graham Road. He stated that the City did not accept the $50,000, but turned it down and it was never accepted. 19 Mr. Zoral stated that he is confused, but hopes the Council will open the crossing allowing him the option. He stated that he does like the new overpass, but does not use it, adding that it is convenient. He stated that for himself he likes the freedom of choice if he wants to take Graham Road, which is better for him to travel to the Air Base then having to take the overpass. He stated that he believes it needs to be opened not for himself, but business wise, adding that if he had a business there he believes he would get a lawyer and sue the City to get it opened. Alderman Stroud stated that he is aware that this is a controversial issue and he wishes everyone speaking now had made those comments during the public hearings phase. He stated that the overpass is a good thing, relating that he had performed service calls across the tracks for twenty-one years and was generally stopped going or coming or both ways. He stated that if he lived on that side of town he believes he would be very pleased with the overpass, adding that it is not much further to take the overpass to get to the north side of town. He stated that with the overpass travelers will know they can get across and will not be stuck by a train. He stated that his sympathy is with the businesses that are in the area, but the City does not make decisions on an emotional basis. He stated that decisions are made regarding what is best for the City, adding that he can appreciate sympathies from other Council members but when it is all said and done, decisions have to be based on what is best for the City. He stated that the public can vote them out next time, but he hopes when they have the position they will do what is best for the City and not for themselves. Alderman Sansing thanked the citizens for their attendance, saying that he is glad they stood up for what they believed and urged them to become more involved in what happens in City government. He stated that City Council is held twice a month, asking that they continue to come to the meetings. He stated the need to carry on with the agenda. Mayor Swaim questioned if there is any action that the City Council would wish to take at this time, hearing none, Mayor Swaim announced the next item of business. b. DISCUSSION regarding a tax to fund the Joint Education Facility, Aquatics Park, Police and Fire Training Facility and City Operations. Mayor Swaim stated that before the Ordinances are introduced, there should be discussion to determine if there is enough interest to move forward. He stated that at this time, he would like to recognize any citizens or group that would wish to address the proposal for the City One-Cent Sales Tax. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. 20 Mr. Jay Hudson addressed the City Council, stating that he owns a business as well as properties in Jacksonville. He related that he is concerned regarding the way the ordinance is written, which introduces three items on one sales tax. He questioned why the items were grouped together and why there is not an ending for the sales tax. He noted that the $2,500 cap does not directly address anything other than vehicles, appliances or construction. He added that in his business he has artwork that sells for quite a bit more than the cap. He expressed sales tax problems at the State level with the same situation in the past. Mayor Swaim clarified that a single purchase item over $2,500 would be exempt from full collection of the sales tax, adding that the items listed are examples of such items. City Attorney Bamburg address the concern, saying that single transaction is specifically defined in Ordinance 1204 and is the definition that has been used and promulgated by the Department of Finance and Administration and other cities who adopt this type of ordinance. He stated that it is taken almost specifically from State Statutes. He stated that as he understands, the same definition has been applied in the past regarding single transaction being any individual item purchased that exceeds the cost of $2,500.00 being a maximum of a $25.00 dollar tax. Mr. Hudson reiterated his earlier question. Mayor Swaim stated that the decision to group the items together was interpreted through a Chamber of Commerce group, explaining that the feeling was that all the items needed funding and that voting on them separately would not be as reasonable as voting on the them all at one time. He explained reasonable meaning that the one-cent would be used to fund these items, and that it would be hard to determine how much the tax would be generated, noting that otherwise you would have to pre-specify what portion is dedicated to what item. He stated that a sunset clause was not prescribed because current revenues are not considered enough to operate most cities in Arkansas. He stated that the need for a permanent one-cent sales tax is there for the City to continue to provide the level of services currently provided. Mr. Hudson stated that he would like to the see the items separated so that individuals could vote whether they want the one-cent sales tax to fund the Education Facility, the Park or allow an increase to the General Fund. He stated that he believes that would be the fairest method to determine what the voters prefer. Mayor Swaim stated that there could be two schools of thought on that, saying that there could be more positive or negative votes given that the items are grouped together, but added that there is no sure method as to which it might prove to be. He clarified that the present ordinances are the current proposal and the Council can choose to change that. He stated that it is being offered as a package and if it is not funded the City will have to seek other revenue to fund those items or he agreed the City would have to do without them. 21 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Lewis stated that taxes have been held down for the citizens in Jacksonville for many years and the citizens have been good to fund taxes with a sunset clause when they were asked. He added that if anything is going to be done to help City revenue, his feeling is that it should be grouped together and put before the public for a vote. He noted that if funded the Educational Facility would bring revenue into the City as well as the Aquatics Park. He noted that the current pool is in need of repairs and it would be best to have it replaced. Alderman Smith stated that he was on the Committee that proposed grouping the items, adding that it was discussed at great length and this was the recommendation. Mr. Jody Urquhart stated that he is a thirty-one year resident of Jacksonville and believes the proposal is a “quality of life” issue that is needed in this Community. He noted the age of the current pool and stated that he feels it is time the children have a nice pool facility, adding that it creates a better quality of life for them. He added that the Education Facility is definitely a “quality of life” issue, pointing out that it would bring people into the Community that are currently being lost because the Air Base can not handle the volume. He stated the City Council has proven itself a responsible body given the City budget, pointing out that there are no problems with debt in the Community. He stated that the City Council is offering an opportunity to improve the quality of life in the Community without creating debt. He stated that a Training Facility for the Fire and Police is the kind of investment that makes good Fire and Police Departments that are better able to handle the Communities needs. He urged support of the proposal. Alderman Elliott noted that if you build facilities there has to be funding for continued operation regarding funding for the General Fund. Mr. Mike Wilson presented a framed rendering of the proposed Education Facility, adding that Major Harding who is instrumental regarding work for the facility would like to have the picture presented to the City at a later date for display in either City Hall or the Chamber of Commerce. He related that the Committee has been working on the project for approximately two years, and with the advice of the Council, project funding was deferred pending the resolution of the separate school district issue. He stated that through a survey and efforts regarding the separate school districts citizens have overwhelmingly shown an interest and concern for Education in the Community. He stated that he is satisfied that with the adoption of the ordinances, the members of the Committee and supporters of the Education Facility will direct their energies to helping the proposal succeed. It was noted that local high school students would be able to acquire college courses at the Education Facility. Mr. Wilson noted that many of the Colleges have expressed an interest in teaching at the Facility, 22 adding that advanced placement courses are highly possible. He stated that it is hoped that some of the interest being shown for higher education can be parlayed toward the public schools to benefit everyone. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Twitty noted that the best advantage is that it is a partnership with the Air Base. Mr. Wilson agreed, saying that the channels, which the Air Force is working through, have been favorable. He complimented the Air Force for their time and effort that they have already put into the project, noting that the proposal is a 50/50 partnership with each investing approximately 5 million, which would provide a state of the art facility that no other city in the State has. Discussion ensued regarding the public survey conducted by the City two years ago, which clearly identified an education facility as an important need for the Community. Alderman Twitty related that because of her grandson, who is currently attending college at Jonesboro she is aware of the difficulty for civilians to get onto the Base for classes as well as the shortage of classes offered because of the volume they are trying to serve. Chamber of Commerce Director Bonita Rownd pointed out that the majority of cities in the MSA already impose a two-cent tax, adding that Jacksonville has been lower for some time. She then pointed out that 82% of the businesses in the area have supported the Education Facility and felt that it was important to the economic development and work force preparedness. She also reiterated problems with the Air Base being able to handle the volume interested in taking classes. Mrs. Melody Toney the Education Officer on Base, stated that the current building and accommodations have been utilized to their maximum, adding that the new building would be probably the most high technical building in the State. She noted that as technology changes it would be easy to upgrade. She stated that most of her classes can only hold 15 students and the new building would be design to hold 24 to 50 students. She stated that it would be a very impressive building for Jacksonville, adding that high quality education would be provided through many Universities from the basics to a masters program. She stated that the Air Force would probably contribute more than the 5 million regarding environmental requirements. She then encouraged support of the proposal. Mr. Leroy Akridge stated while he is not an educated man he would like to express his support for the Education Facility. He stated that anything proposed for the education of our children and for the Police and Fire protection should be supported. Parks and Recreation Chairman Marsha Dornblaser stated that she wanted to speak in support of the Aquatics Parks, relating her years on the Committee to build a Family Aquatics Center for the City. She stated that she supports the one-cent sales tax, saying that there is everything 23 to be gained. She stated that while the pool may be viewed as an expensive project, the quality of life gained for families cannot be measured. She stated the possibility of enticing young families to move to Jacksonville, adding that all the items proposed are pluses for Jacksonville not only for the City but for surrounding cities wanting to use the facilities. She stated that the proposal is a “must do”. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Fletcher noted that it is not a proposition of obtaining a better pool, it is more of a proposition where the City has lost it current pool and it must be replaced. Parks and Recreation Chairman Marsha Dornblaser stated referring to the word “assumption” that has been heavily used, she would like to say speaking as Chairman of the Parks and Recreation Commission that as a valid assumption that there is no feasibility in reinvesting in the current pool. She stated that the situation presents itself that there would be no open public swimming facility for the City of Jacksonville without a new pool. Alderman Stroud stated that regarding a determination from the Health Department it is a given that there will not be a permit for an outdoor pool next year. Parks and Recreation Chairman Dornblaser agreed. ORDINANCE 1203 AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE PERCENT (1%) SALES AND USE TAX WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; PRESCRIBING OTHER MATTERS PERTAINING THERETO; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1203 be placed on FIRST READING. Mayor Swaim noted that a date for the election will be included. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1203 on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Wilson to suspend the rules and place Ordinance 1203 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. Alderman Lewis moved, seconded by Alderman Smith to further suspend the rules and place Ordinance 1203 on THIRD and FINAL READING. 24 Alderman Stroud noted that the City revenue stream needs to be increased, adding that Council is aware that a two-cent hamburger tax could be added without a public vote but would not be enough and there is also the option of a 5-mill property tax, which would not be the first choice. He stated that in speaking to citizens he learned that they would prefer a one-cent sales tax than a 5-mill property tax. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mayor Swaim clarified that the City is not in arrears, but revenue collections are running behind from the previous year’s collections. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. Alderman Smith moved, seconded by Alderman Fletcher that Ordinance 1203 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1203 THIS 18 DAY OF SEPTEMBER 2003. ORDINANCE 1204 AN ORDINANCE CALLING FOR A SPECIAL ELECTION IN THE CITY OF JACKSONVILLE, ARKANSAS, ON THE QUESTION OF LEVYING A ONE PERCENT (1%) SALES AND USE TAX WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; DEFINING THE TERM “SINGLE TRANSACTION”; PRESCRIBING OTHER MATTERS PERTAINING THERETO; DECLARING AND EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1203 be placed on FIRST READING. Discussion ensued and it was the consensus of the Council to propose the election date as November 13, 2003. Alderman Elliott moved, seconded by Alderman Smith to amend the MOTION to include the date of November 13, 2003 for the proposed election date. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 1204 on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1204 on SECOND READING. ROLL CALL: Alderman Elliott, 25 Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. Alderman Smith moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1204 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1203. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Alderman Lewis moved, seconded by Alderman Sansing that Ordinance 1204 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Elliott that the EMERGENCY CLAUSE be attached, approved and adopted. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1204 THIS 18 DAY OF SEPTEMBER 2003. c. PRESENTATION of Vertac Redevelopment Study Mayor Swaim noted final copies as provided to Council regarding the redevelopment study for the Vertac Superfund Site. He recognized Director of Administration Murice Green to address the item. Director of Administration Murice Green noted that what took place in the previous hour is a good example of how things happen. He explained that the City needed a grade separation for many years, which was discussed for many years and today we are defending those actions. He noted that the City has worked for twelve years to clean up the superfund site and another three years to obtain funding to study develop for the site. He stated that four public hearings were held, one at the City Hall, and the Rotary Club with a captive audience, one at the Recycling Center where only one person showed up and one at the Elderly Activities Center where only one showed up. He stated that this is a plan that lays the groundwork for what will be done now and into the future. He stated that his feeling is that when the actual construction begins, people will most likely claim they were not aware of any plans regarding the property. He stated that he is disappointed that the citizens who were here and knew what was on the agenda did not remain to hear the proposal. He added that he hopes the newspapers will cover the story, adding that so far they have written good articles about the site and the public hearings in efforts to receive public interest. He stated that the only change from the previous draft is in appendix 8, option 2 there was a change to the area regarding the solid waste area which was moved more to the west of the property which opened more of the north and 26 east property for future industrial development. He noted an administrative change, saying that the sewer service is limited to the facility. He asked that the proposal be adopted for future use, adding that any opportunities for grant money would require a plan in place. He recommended option two as the proposal for adoption. Alderman Smith moved, seconded by Alderman Howard to adopt Option two for the redevelopment of the Vertac Superfund Site. Alderman Elliott acknowledged Director of Administration Murice Green for his efforts. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 18, 2003 7:00 P.M. – 9:15 P.M. Mayor Swaim noted that monies spent to conduct the study and develop the plan came from a grant received by the City. In response to a question posed by Alderman Lewis, Mayor Swaim stated that the area that is being taken care of by Vertac will not be developed. He stated that the City has ownership of approximately 70 acres of the site. Alderman Lewis suggested that trees be planted in the area to add to the esthetic background. Mayor Swaim noted that when the site was cleaned a proposal was presented to EPA and they have given approved for the vegetation that would be on site. Alderman Smith reiterated Director of Administration Murice Green’s point that there is little public interest regarding the public hearings that are held, noting the same response for the Sewer Commission meetings regarding the imposed sewer tax. It was the consensus of the Council to detach from the property being called the Vertac Superfund site and it was proposed that the property be referred to as the Mayor Swaim Development. Alderman Ray noted that he had heard from one citizen who wanted the City to consider locating a go-cart track on the site. At this time MOTION CARRIED. Alderman Twitty encouraged the audience and members of Council to actively support the proposal for the one-cent sales tax. APPOINTMENT(S): ANNOUNCEMENT(S): ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 9:15 27 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 28