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04 DEC 02.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M. – 7:19 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 2, 2004 at the regular meeting place of the Council. Human Resource Director Charlie Brown delivered the invocation and Vice Mayor Howard led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Twitty answered roll call. Vice Mayor Howard also answered ROLL CALL declaring a quorum. PRESENT seven (7), ABSENT (3). Mayor Swaim was attending a National League of Cities meeting along with Aldermen Elliott, and Lewis. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Tawnya Johnson, Human Resource Director Charlie Brown, Finance Director Paul Mushrush, City Engineer Jay Whisker, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Police Chief Robert Baker, CDBG Director Theresa Watson, Chamber of Commerce Director Bonita Rownd, Mrs. Edith Smith, Mr. Larry Dupree, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Vice Mayor Howard presented the minutes of the regular City Council meeting of November 18, 2004 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Stroud moved, seconded by Alderman Ray that the minutes of the Regular City Council Meeting of 4 November 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: Request to Accept Bid for Sycamore/Thompson Drainage Ditch City Engineer Whisker explained the difference in bids, pointing out that the low bidder is confident that he can perform the contract for the bid amount. He then noted that the low bidder is the same company that constructed the sidewalk on Madden Road. Alderman Stroud moved, seconded by Alderman Sansing to approve the low bid from Cinergi in the amount of $38,000.00 with funds to be drawn from the Capital Drainage Fund. MOTION CARRIED. 1 SANITATION DEPARTMENT: PLANNING COMMISSION: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M. – 7:19 P.M. GENERAL: a. RESOLUTION 577 (#5-04) A RESOLUTION AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE THE APPROPRIATE DOCUMENTS FOR THE SALE OF CERTAIN REAL PROPERTY; AND, FOR OTHER PURPOSES. City Attorney Bamburg explained that a Resolution of the same number passed in September, recommending the sale of property by the Sewer Commission and Wastewater Department contained errors in the legal description. He stated that the current Resolution offers a corrected legal description as an amended resolution. Alderman Smith moved, seconded by Alderman Sansing to read Resolution 577. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 577. Alderman Fletcher moved, seconded by Alderman Ray to approve Resolution 577 (#5-04) in its entirety. MOTION CARRIED. b. ORDINANCE 1236 (#20-04) AN ORDINANCE ESTABLISHING FOR THE CITY OF JACKSONVILLE, ARKANSAS A NEW QUIET ZONE AS REQUIRED BY FEDERAL REGULATIONS FOR THE FEDERAL RAILROAD ADMINISTRATION; AND, FOR OTHER PURPOSES. Vice Mayor Howard noted that the Ordinance would establish quiet zones at Loop Road and Graham Road. He then recognized Committee Chairman, Alderman Smith to address the item. Alderman Smith stated that Trickey Lane, Graham Road and Loop Road were the three major railroad crossings that were originally examined for risk assessment regarding the establishment of quiet zones. He explained that the Committee placed emphasis on the establishment of quiet zones as the first priority regarding an impending deadline of December 18, 2004. He noted that other considerations for boom boxes, and barking dogs would resume in January. He stated that following the deadline; the City would be given two years to comply with the Federal regulations. He noted that Federal funds are not available for the project and that the total cost would be the responsibility of the City. He explained that improvements would include a 10” concrete barrier down the dividing line of the road on either side of the crossing for approximately 60’, prohibiting the ability of a car to cross when the arms are lowered. He added that there is also required signage. He related that City Engineer Whisker discovered that the 60’ concrete barrier would present a problem regarding the Trickey Lane crossing. He related that all areas were included to prevent the perception of an area being discriminated. He then explained that the required 60’ barrier would obstruct traffic flow onto Garvin Street. He related that according to the City Engineer, the Street would have to become a one-way street and for that reason has not 2 been included in Ordinance 1236. He stated that costs are presumed to be approximately $20,000.00. He explained that the City of Arkadelphia abandoned their efforts to establish a quiet zone when costs continued to CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M. – 7:19 P.M. mount. He stated that the majority of expense would be for improvements to the Loop Road crossing, explaining that Graham Road would not require barriers, only signage. He recommended that the City Council pass the ordinance, adding that if costs escalate beyond projections, the City could decide to discontinue the project. Vice Mayor Howard noted that any project expenditure would have to be approved by the City Council. City Engineer Whisker stated that the street in question is Garvin Road that leads to Anna Lane. He stated that the concrete barrier would block vehicles from making a left-hand turn from Garvin onto Redmond Road, allowing only a right-hand turn to enter Garvin Street. In response to a question posed by Alderman Stroud, City Engineer Whisker noted that the other outlet is located into Dupree Park, which is more of a Park entrance than a street. He noted that the Park road is constructed of asphalt millings used from previous milling projects; noting that the area is typically used for overflow parking for the Park. In response to a question from Alderman Fletcher, City Engineer Whisker stated that relocation of the intersection would require rights-of-way purchase, adding that he has not researched that option. In response to a question posed by Alderman Rinker, City Engineer Whisker stated that Garvin Street has three houses and Anna Lane has six to eight houses with five vacant lots. Alderman Rinker then related that she has witnessed cars passing through the lowered arms of the crossing, adding that if feasible, she would like to see the Trickey crossing be included. Alderman Fletcher asked that the Trickey crossing be included because of the deadline and rights-of-way purchase be evaluated following the ordinance passage. Alderman Sansing advocated the inclusion of Trickey Lane as an equitable standard for all parts of the City, adding that without a major effort to include Trickey he does not feel he can support Ordinance 1236. Alderman Fletcher pointed out that as a member of the Committee he was adamant that Trickey be included, but feels that circumstances outside the City’s control should not punish other areas that could benefit. He stated that there is no intention to discriminate one area from another, adding that there has been a whole-hearted effort to include all areas. 3 Alderman Smith moved, seconded by Alderman Ray that Ordinance 1236 be placed on FIRST READING. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1236. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 2, 2004 7:00 P.M. – 7:19 P.M. Vice Mayor Howard offered audience response. Mr. George Reed stated that he has lived at the corner of Stamps and Mable Street, in the Trickey Lane area, for approximately 15 years. He related that he has witnessed several vehicle accidents in the area that have not happen on Loop Road or elsewhere. He related that Garvin Street is only one small street compared to the four streets that were affected when the overpass was constructed. He stated that he makes that comparison because he feels the Trickey Lane area is not being considered. He added that the concrete barrier must be a new regulation because he has seen crossings with double arms on each side that prevents a car from being able to go around and cross through. Alderman Smith noted that four teenagers were killed on Main Street and the story purported was that the teenagers had attempted to cross with the arms lowered. City Attorney Bamburg clarified that once the Ordinance is submitted to the FRA, any change would take the project back through the beginning process of re-qualifying all crossings along with the uncertainty of the Railroad Administration accepting the modification once the deadline has passed. He stated that he is not able to answer that question definitively, explaining that in the nature of what he has discerned from the website, a change would warrant a total review. Alderman Ray moved, seconded by Alderman Smith that Ordinance 1236 be APPROVED on FIRST READING. ROLL CALL: Alderman, Smith, Ray, Fletcher, Stroud, and Twitty voted AYE. Alderman Sansing, and Rinker voted NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1236 on SECOND READING. ROLL CALL: Alderman Smith, Ray, Fletcher, Stroud, and Twitty voted AYE. Alderman Sansing, and Rinker voted NAY (0). MOTION FAILED. Vice Mayor Howard announced that the motion failed and that Ordinance th 1236 will be placed on the December 16 agenda for second reading. ANNOUNCEMENT(S): Vice Mayor Howard announced that the annual Christmas th Parade will be held Saturday December 4 at 1:00 p.m. and the annual Christmas Open House hosted by City Hall will be held Friday, December th 17 from 12:00 p.m. to 3:00 p.m. 4 ADJOURNMENT: Vice Mayor Howard, without objection adjourned the meeting at approximately 7:19 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 5