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04 DEC 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 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 16, 2004 at the regular meeting place of the Council. Alderman Ray 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, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Others present for the meeting were: City Attorney 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, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Planning Commission Chairman Art Brannen, Justice of the Peace Dennis Sobba, Mr. Larry Smith, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of December 2, 2004 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 18 November 2004 be APPROVED. MOTION CARRIED. DEVIATION IN AGENDA: Justice of the Peace Dennis Sobba thanked the City Council for their support during his tenure on the Quorum Court, explaining his decision not to run for re-election. He added that he would now assume the position of Constable in January 2005. Mayor Swaim then announced that Art Brannen would be leaving the Planning Commission following a long tenure as Commissioner and Chairman. RESUME AGENDA: CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for November 2004. Said report reflects: ADOPTION/FINES: $686.00 CONTRIBUTIONS: $ 75.00 TOTAL: $761.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for November 2004. Said report reflects the Total Value of Reported Stolen Property $73,502. Total Value of Recovered Stolen Property 1 $61,336 and Total Report Sales $488.00. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for November 2004 from the Jacksonville Fire Department, which reflects a fire loss of $147,000 and a savings total of $15,500.00. REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for November 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 13 Building Inspections 50 Business License 17 HVACR 51 Plumbing 44 Electrical 28 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 64 Notice of Noncompliance 20 Property Mowed 11 Towed 5 Trash Letters 18 Trash Removal 4 CONDEMNATIONS Cost for December $2,519.20 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: a. FINAL PLAT of Madison Subdivision City Engineer Whisker related that the property is located in the Shopping Center between James and Dupree Drive. He explained that the developer is proposing to open a Dollar retail store. He noted that a second lot on the same property could accommodate a 5,000 square foot building. Alderman Stroud moved, seconded by Alderman Elliott to approve the Madison Subdivision as recommended. MOTION CARRIED. b. FINAL PLAT of Lot 1, Looper Commercial Subdivision City Engineer Whisker related that the developer has requested that the item be removed from the agenda. 2 GENERAL: a. Request to Accept Bid for Demolition and Asbestos Removal Mayor Swaim noted a sizable price difference in bid submittal, adding that the low bidder has performed demolition for the City in the past. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. City Engineer Whisker answered that the properties slated for demolition are 212 East Main, 112 Pulaski, and 149 Roosevelt Road. Alderman Ray moved, seconded by Alderman Sansing to accept the low bid of $14,850.00 from Youngblood Excavation & Demolition to be drawn from budgeted funds. MOTION CARRIED. b. Request to Accept Bid for Roosevelt Road sidewalk repair Mayor Swaim noted that bid specifications cover a combination of sidewalks and curb on Roosevelt Road to be repaired with CDBG funding. City Engineer Whisker related that Roosevelt Road has several problems; explaining that along with damaged sidewalks, some residents have placed pipe and concrete at the end of the driveways, which has caused area drainage problems. He then explained that the sidewalk in the driveway area would be dropped approximately 4” and increased in thickness to prevent breakage when being driven on. He noted that the project consist of 83 driveways, estimated at $750.00 each. In response to a question posed by Alderman Howard, City Engineer Whisker noted other streets in need of repairs but added that Roosevelt Road is the recommendation he had received. Discussion ensued regarding residents who park on the sidewalk to keep from parking in the streets. Alderman Elliott moved, seconded by Alderman Lewis to accept the low bid of $62,250.00 from McV Inc. with funds to be drawn from CDBG funds. MOTION CARRIED. c. SECOND READING 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. Mayor Swaim noted that the Ordinance is on the agenda for discussion, adding that City Engineer Whisker was asked to prepare estimates regarding the crossings. Committee Chairman Smith stated that the deadline has been extended to April 1, 2005 because of nationwide interest. He related that with the deadline extension, he would like to have more information regarding the inclusion of Trickey Lane, and further citizenry input before ordinance adoption. 3 Alderman Fletcher suggested that the item be tabled and further information be gathered regarding options that would still meet compliance, such as extending the arms versus constructing concrete barriers. He suggested that representatives from the Railroad be invited to an upcoming City Council meeting to discussion issues. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. Alderman Fletcher moved, seconded by Alderman Smith to table the item of business until January or February pending further information. MOTION CARRIED. Mayor Swaim noted that improvements to the arms as well as concrete barriers are both requirements for compliance, adding that until the City commits to those improvements, the Railroad Administration would not be interested in discussing options. He explained that there are extensive factors involved in applying for a quiet zone acceptance. He then asked City Engineer Whisker to comment on possible traffic pattern diversions for the Trickey Lane crossing. City Engineer Whisker referred to a map provided to the City Council, explaining routes available to residents that live on Garvin Lane. He related an alternate route as an extension of Trickey made from millings and used as a rear Park entrance. He noted that the road is approximately 16’ wide and 1,000’ in length, adding that it would cost approximately $12,000.00 to properly asphalt the road without curb and gutter or drainage issues. Alderman Smith pointed out that the road in question is located behind the Parkview Subdivision, noting that traffic from Garvin Lane would have to take that road around Parkview to come up to Redmond Road. He pointed out that it might be considered an inconvenience for the residents living on Garvin unless they are willing to sacrifice convenience for the quiet zone. Mayor Swaim stated that all information is available for the press and interested citizens, adding that there would be no formal action at this time pending further information. He stated that he is aware that the City of Arkadelphia had abandoned the concept because of mounting cost associated with the project, noting that all factors need to be considered and reviewed. In response to a question posed by Alderman Fletcher, Mayor Swaim related that an Ordinance would have to be adopted and all factors known prior to the Railroad Administration being able to determine eligibility. Discussion ensued regarding the frequency of trains through the City, and Mayor Swaim stated that a count taken for the Main Street Overpass revealed that approximately 73 trains passed through in a 24-hour period. Further discussion revealed that two crossings, one in the Holland Bottoms area and one in the bean field could not be considered for quiet 4 zones and that there is the possibility that train whistles would still be heard from these crossings. It was concluded that further investigation would proceed. d. ORDINANCE 1237 (#21-04) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR FOR THE CITY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. Mayor Swaim related that the Ordinance being presented is an annual housekeeping measure to certify liens placed on property for maintenance performed by the City. He stated that the liens are attached to the real estate taxes and collected by the County. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1237 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1237. Mayor Swaim invited anyone from the audience to address the City Council. He related that each property owner had been sent registered notification of lien from the City. Alderman Fletcher moved, seconded by Alderman Ray that Ordinance 1237 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1237 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1237. Alderman Fletcher moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1237 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1237. Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1237 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE be attached to Ordinance 1237. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. 5 th ORDINANCE APPROVED, ADOPTED AND NUMBER 1237 THIS 16 DAY OF DECEMBER 2004. e. ORDINANCE 1238 (#22-04) AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2005; MAKING APPROPRIATIONS AND AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY GOVERNMENT; FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT, AND CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. SERVICES; COVERING GENERAL FUND OPERATIONS, STREET FUND, EMERGENCY MEDICAL SERVICES FUND, AND SANITATION FUND; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Elliott that Ordinance 1238 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1238. Mayor Swaim stated that the budget is balanced, commending Departments for reducing their budgets without sacrificing service to the citizens. He stated that the budget includes a maximum 3% raise sliding to a $700.00 raise for employees that have reached their mid-point. He noted that the average raise is 2.94%. He commended the Finance Department for their contributions in preparing the budget. Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1238 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1238 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1238. Alderman Howard moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1238 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1238. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1238 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY 6 CLAUSE be attached to Ordinance 1238. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1238 THIS 16 DAY OF DECEMBER 2004. f. Request to Accept Bid for City Hall Expansion Mayor Swaim reviewed that the new City Hall had been constructed with non-tax dollars using a housing bond issue passed in the 1970’s. He CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. stated that the bond issue had been refinanced, saving enough funds to finance the construction of the new City Hall. He noted that since that time the interest rate has fallen and the bond issue has been refinanced producing enough money to fund an addition to City Hall. He stated that when City Hall was originally constructed over 3,000 square foot had been deleted from the plans because of funding. He related that technical advancements have expanded that area of operation and it has become difficult to maintain the proper temperature for the network system. He explained that separate cooling devices are being used to maintain the required temperature for the equipment, further explaining the crowded conditions for employees who share space in the equipment room. He stated that along with expanding the Engineering Department there are plans to provide a new space for the technical personnel and the equipment. He stated that the technical area would have its own heating and cooling system to properly maintain the equipment. He stated that by refinancing, the Housing Facilities Board accumulated funds and are allowing the City to use those funds since they were derived from the original bond issue that first constructed City Hall. He explained that the funds are specific in nature, adding that the expansion does qualify for those funds. He stated that the City Council is being asked to accept the low bid for that expansion. Plans for the expansion were offered for review and Mayor Swaim explained that since the present construction has a metal roof, a separate building with a connection to the existing building is planned to prevent having to damage the existing roof in construction. He noted that the expansion is slightly over 2,000 square feet and includes some remodeling to the present facility. He explained that the present facility is limited regarding storage space, adding that storage space for the existing building is planned. He explained that when the present facility was constructed there was not a Human Resource Department, which currently exists, adding that Human Resource would move into the present Engineering Department. He stated that the expansion would allow contractors to enter the Engineering Department without having to enter the main building. He stated that the architectural plans would easily fit the existing structure and would improve the overall appearance of City Hall. He then answered that the connection point would be through the hallway outside the present Engineering Department, adding that plans include a new office for four 7 Code Enforcement officers. He stated that the architect is comfortable with the low bidder and makes that their recommendation. Alderman Elliott moved, seconded by Alderman Howard to accept the low bid of $329,100.00 from Ark-Tex Remodeling with those funds being made available from the Housing Facilities Board. MOTION CARRIED. ANNOUNCEMENT(S): He asked that anyone interested in issues regarding the railroad please remain after City Council to speak with the Alderman or City Engineer Whisker, adding that the City will continue to gather information and is very interest in citizenry input. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING DECEMBER 16, 2004 7:00 P.M. – 7:47 P.M. th He announced that January 12 the Arkansas Municipal League will be hosting its annual fall meeting, which was moved to January because of the Legislative Session. He stated that the League has invited all State Senators and Representatives to attend and is encouraging all city council members to attend. He asked that City Council members interested in attending contact his office. He stated that the League feels it is important for City officials to show the impact the Legislation has at the municipal level. He pointed out that this offers an opportunity for input at the beginning of the Legislative Session rather than during the Session. th City Hall will host Christmas Open House Friday, December 17 from 12:00 p.m. – 3:00 p.m. He added that service awards will be presented at 2:00 p.m. Alderman Ray stated that he would like to go on record as expressing the Council’s appreciation to the Mayor’s secretary, Ms. Bertha Tipton for her service to the City Council over many years, noting her retirement at the end of 2004. Mayor Swaim announced a public hearing to be held by the Arkansas Highway th Department Monday, January 10 regarding the James Street overpass and the Vandenburg Intersection. He stated that the City had requested a study regarding the traffic patterns and the draft is completed and ready for review at the public hearing. He encouraged participation, expressing the importance of public involvement and its influence in the outcome. Mayor Swaim stated that as 2004 comes to a close it has been a good year, expressing his appreciation to the City Council for working through the City’s business in a spirit of cooperation for the citizens. Alderman Smith reiterated his appreciation for the City Council’s ability to work together. 8 Alderman Lewis expressed his appreciation for being able to attend the National League of Cities meetings and offered a positive health report regarding his recent battle with cancer. ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at approximately 7:47 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9