04 MAY 06.doc
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 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 May 6, 2004 at the regular meeting place of the Council.
Alderman Fletcher delivered the invocation and Our Club youth members led
a standing audience in the “Pledge of Allegiance” to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. Alderman Lewis arrived at approximately 7:07
p.m. PRESENT ten (10), ABSENT (0).
Others present for the meeting were: City Attorney Robert Bamburg,
Director of Administration Murice Green, Finance Director Paul Mushrush,
City Engineer Jay Whisker, Public Works Director Jimmy Oakley, Planning
Commission Chairman Art Brannen, Parks and Recreation Director George
Biggs, Parks and Recreation Commission Chairman Marsha Dornblaser, Parks
and Recreation Business Manager Patty Walker, Parks and Recreation
Program Manager Cathy Brand, Police Chief Baker, Fire Chief Vanderhoof,
Judy Swaim, Helen Stroud, Edith Smith, Lendy Lewis, Larry Smith, David
McClanahan, interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting of
April 15, 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 1 April 2004 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
PARKS & RECREATION: Appreciation Recognition of Volunteers and Supporters
Parks and Recreation Director George Biggs recognized Commission members
Chairman Marsha Dornblaser, Commissioners Curtis Green, Greg Bollen, John
Fortenbury, Mike Dietz, Joey Price and Bobby Casteel. He then noted
staff members Cathy Brand and Patty Walker. He and Chairman Dornblaser
recognized Jimmy Barnett of the Arkansas Game and Fish Commission,
Audwin Vaughn of Community Bank, Larry Wilson of First Arkansas Bank and
Trust, Hercules Incorporated, Steve Evans of Jacksonville Guitar, Kathy
Messer of Little Caesar Pizza, Mac Hogan of National Coatings, Pulaski
County 4H Club, Donnie Crowell of Wal-Mart, Jeff Jones of Century-Tel,
Doug Wilkinson and Mike Dietz, Judy Gould, Fire Chief John Vanderhoof,
Police Chief Robert Baker, Taneil Blakemore of Pulaski County Cooperative
Extension Service, Kirk Myers of Rebsamen Medical Center, Nan Trammel of
Wendy’s, Angela Pasco of Wild River Country, Donna House, Shirley Cleek,
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and Anita Urban for their contributions and support of the Parks and
Recreation Department.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
Mayor Swaim noted that many of the programs would not be possible without
valuable time volunteered through various supports.
PLANNING COMMISSION:
GENERAL: ORDINANCE 1224
AN ORDINANCE PROVIDING FOR A MIXED USE OVERLAY DISTRICT FOR ALLOWANCE OF
BOTH RESIDENTIAL AND COMMERCIAL USES WITHIN DESIGNATED AREAS OF THE CITY
OF JACKSONVILLE, ARKANSAS; CREATING JACKSONVILLE MUNICIPAL CODE §18.23;
AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1224 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1224.
Mayor Swaim stated that the purpose of the Ordinance is to help redevelop
downtown. He stated that other cities and states have begun to
successfully reuse mixed use in their downtown areas bringing commercial
and residential in the same building or in close proximity. He stated
that the most successful ones have been multi-story buildings with
commercial on the bottom level and residential above. He related that it
helps to redevelop downtown areas by bringing more traffic in the area.
He pointed out Little Rock’s success with the River Market, adding that
it is hoped that this effort will stimulate business in Jacksonville’s
downtown area and create foot traffic. He stated that optimistically
pedestrian walkways would be developed, allowing comfortable movement
around the downtown area. He noted that a statistical study reveled that
the safest area, as far as crime, is the downtown area. He stated that
he is encouraged that mixed used will stimulate growth in Jacksonville.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1224 be
APPROVED on FIRST READING.
Alderman Fletcher stated that he had an opportunity to view this practice
in Huntington, North Carolina. He continued that he noted it was
possible to live, work and sustain oneself without leaving the area. He
related that the area included a movie theater, a Walgreens, and grocery
shopping. He stated that it was a beautiful area and voiced his
supported as a boost for the downtown area.
Director of Administration Murice Green noted that two years ago a study
was conducted regarding the update of the Comprehensive Development Plan;
adding that the mixed-use is part of that Plan. He stated that the
Comprehensive Development Plan would be forwarded to the City Council at
the next regularly scheduled City Council meeting.
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ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Rinker,
Fletcher, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1224 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1224.
Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1224 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1224.
Alderman Smith moved, seconded by Alderman Howard that Ordinance 1224 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED.
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ORDINANCE APPROVED, ADOPTED AND NUMBER 1224 THIS 6 DAY OF MAY 2004.
b. ORDINANCE 1225 (#9-04)
AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE §§ 18.24.030,
18.26.030, 18.28.030, 18.32.030, 18.40.030, AND 18.44.030; AND, FOR OTHER
PURPOSES.
Mayor Swaim related that Ordinance 1225 modifies the Jacksonville
Municipal Code regarding zones to allow for mixed use. He clarified that
the overlay district is a specifically defined area providing for the
possibility of mixed use.
City Engineer Whisker explained that the first Ordinance creates the
overlay district and that the second Ordinance establishes conditional
uses in each zone to allow residential and commercial within the overlay
district. He related that each request would go before the Planning
Commission for approval.
Alderman Elliott moved, seconded by Alderman Sansing Ordinance 1225 be
placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1225.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1225 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
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Alderman Lewis moved, seconded by Alderman Sansing that Ordinance 1225 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Ordinance 1225.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1225 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith,
Lewis, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1225.
Alderman Howard moved, seconded by Alderman Twitty that Ordinance 1225 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE.
NAY (0). MOTION CARRIED.
H
ORDINANCE APPROVED, ADOPTED AND NUMBER 1225 THIS 6 DAY OF MAY 2004.
c. Request approval to enter into contract with an architectural firm
regarding the expansion of City Hall.
Mayor Swaim related that City Hall was completed in 1990. He explained
that space needs have grown since that time, pointing out that the
network computer system and the computer systems specialist is working in
an extremely small area. He related that it is difficult under present
conditions to keep the equipment at proper temperature without creating
uncomfortable conditions for the employees. He noted that City Hall has
a further need for expanded space because of a larger number of employees
since the building was completed. He related that in the 90’s the City
was experiencing growth of 27 to 50 new home starts annually, adding that
as of last year the figure has risen to 155 new home starts. He related
the need for additional personnel to service growth in those areas.
He noted that the City was fortunate in 1978 to have had a bond issue to
provide low-income interest for housing, adding that it was not a part of
the City structure but allowed by City structure. He stated that after
becoming Mayor, he talked to the Housing Facilities Board and they agreed
to refinance at a lower interest rate, saving over $600,000. He
explained that those non-tax dollars were used to build the current City
Hall; adding that the Board has since refinanced again and saved enough
to allow for an addition to City Hall. He stated that the addition to
City Hall would be without any costs to the taxpayer. He noted that the
funds have a specified use, explaining that it is the Housing Facilities
Board has the authority to fund facility construction related to the
City, so that money is earmarked in its purpose. He reiterated that the
City Hall expansion would not cost the taxpayers any money, adding that
it is money usable for that purpose and taxes will not be raised.
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Director of Administration Murice Green stated that a request for
qualifications from architectural firms was advertised and two
outstanding firms applied. He stated that a five-member Committee
selected the firm that they felt would do the best job regarding cost.
He added that the request is to grant authority for the Mayor to enter
into contract with that firm.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that the expansion would be approximately 2,000 to 2,500 square feet,
adding that the original building was constructed to allow for future
addition. He noted avenues for expansion without being too invasive
regarding the existing building, pointing out the Finance Department, and
Engineering Department. He noted that the chosen firm of Clements and
Associates has performed a number of similar projects.
Alderman Howard moved, seconded by Alderman Fletcher that Mayor Swaim be
authorized to enter into contract with Clements and Associates regarding
the expansion of City Hall. MOTION CARRIED.
ADDITION TO AGENDA: Demolition of condemned houses
Mayor Swaim noted that the bid was held to have proper time to
investigate the difference in bids regarding specifications. He related
that the recommendation is to accept the low bid.
Alderman Stroud moved, seconded by Alderman Smith to suspend the rules
and place the demolition bid on the agenda. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Stroud to accept the low bid
of $10,340.00 from Youngblood for asbestos removal and demolition.
Alderman Stroud commended the Finance Department in being awarded a
Certificate of Achievement for Excellence in Financial Reporting for six
consecutive years.
Mayor Swaim noted that there is not another City in Arkansas of the same
size that has won the award that many consecutive years.
At this time, MOTION CARRIED. Mayor Swaim noted that funds would be
drawn from appropriated funds for demolition.
CERTIFICATE OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING AWARD
Mayor Swaim reiterated that the City of Jacksonville has won the award
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for its 6 consecutive year, adding that only seven or eight cities in
the State has received this award.
Mayor Swaim then presented Finance Director Paul Mushrush with the
Certificate of Achievement Award.
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Finance Director Mr. Mushrush thanked Mayor Swaim and the City Council
for their support. He related that current reported news does not
support a lot of trust in financial reporting due to the activities in
larger firms, but added that the spirit of the award is to maintain an
accounting standard not only at the required level but above and beyond.
He related that the standards have changed regarding 2003 reporting,
explaining that for the first time infrastructure assets will be added to
the financials regarding government financial statements. He stated this
information will reflect how well the Mayor and City Council take care of
the citizen’s property.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
COMMUNITY CENTER POOL ROOF REPAIRS
Mayor Swaim noted an ongoing condensation problem in the pool area since
the completion of construction. He explained that condensation is
occurring between the insulation and the metal roof, which has created
problems with dripping water and rusting metals. He noted that
recommended HVACR work has been completed to help disperse the humid air
to other locations of the building. He then related that repair bids
were advertised twice without any response because of the difficulty
involved with working over the pool and the high ceilings. He related
that the engineering firm was authorized to try and locate a contractor
that would be willing to negotiate a price for the repairs since no
bidders were interested in the project. He stated that the firm was
successful in locating a contractor but the price was substantially more
than anticipated or affordable, which is why the project is not being
presented at this time for approval. He noted that efforts are still
ongoing to negotiate a solution. He stated that the problem is the
amount of funds, adding that it is very difficult to figure out how to
generate those funds regarding appropriated funds from this year’s
budget. He related that further details would be provided as matters
unfold.
He presented another part of that challenge, the proposed aquatics park
featuring three pools. He explained that bids came in significantly
higher due in part to the increasing cost of construction since the
project was originally drawn and more specifically the increase in the
price of steel, which has risen 35 plus percent. He related meetings
between the architects, City representatives and the contractors to
evaluate if there were items that could be taken out of the project. He
stated that estimates are not close yet on being able to match available
funds to projected costs, adding that the City Council will be kept
informed as the project proceeds.
In response to a question posed by Alderman Fletcher, Mayor Swaim stated
that there are four specific items that were identified as a possible in-
house cost savings. He noted the sizable parking lot with curb, gutter
and sidewalk along with a significant amount of excavation and demolition
as well as reconstruction of the curb and gutter resulting in a cost
savings of approximately $102,000. He added however that the difficulty
is that it cannot be counted as a total savings when the City has to
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purchase the concrete, asphalt and labor for the work that the City
cannot perform. He noted that the City is trying to determine if the
work can possibly be performed on an in-house basis, adding that without
an asphalt-laying machine the City would have to hire the asphalt work
the same as the contractor. He stated that there would not be a huge
savings out of the $102,000 based on the City performing the prep work.
He related that items of savings are being evaluated and City Engineer
Whisker will offer input regarding other specific items and the City’s
ability to perform that work in-house. He then added that a savings cost
opportunity offered was to allow the City to perform the demolition of
the existing structures of the pool area; including the dressing areas,
pool demolition and dirt excavation. He stated that while he is not too
concerned about the demolition work he is somewhat apprehensive regarding
the site preparation, which is specific to very precise grades. He noted
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
that the area has an expansive clay soil and that extra efforts are being
proposed to prevent this pool from experiencing the problems experienced
with the existing pool. He noted that if the City performs the site work
and there is a problem later, he would not want the City to be
responsible. He stated that because of the liability factor, the
contractor needs to be responsible or the guarantee would not be
effectual.
Alderman Fletcher related that he would like to see any items deleted
from the project be added as funds were available, so the park could
expand or stay fresh for years to come.
Mayor Swaim stated that every effort is being made to maintain the
operational facility design of three pools. He related that cutting one
pool would present a tremendous savings but added that constructing a
pool in-between two existing pool would be substantially more costly then
building them all at the same time. He related that additional
information would be presented at the next regularly scheduled City
Council meeting for their decision.
Alderman Elliott stated that he believes the City is taking a prudent
approach by carefully considering all options.
In response to a comment from Alderman Fletcher, Mayor Swaim stated that
there is a list regarding in-house savings opportunities involved in the
project. He then noted continuing discussions between Director Biggs and
City Engineer Whisker regarding opportunities for savings.
Mr. David McClanahan reminded the City Council that the tax to pay for
the pool, the joint training center and the school on Base is an open-
ended tax without a sunset clause. He then questioned the feasibility of
waiting an extra year to build the pool to allow additional time to come
up with the funding.
Mayor Swaim related that while the estimated expenditure of 2 million
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dollars for the aquatic’s project was not a part of the ballot title, the
public was informed how much money was proposed as a verbal commitment to
that general range. He stated that he is not willing to expend a large
amount more than the public expects, adding that to him that would seem
deceptive. He noted that other funds have been set aside for the
project, adding that possible available Capital Improvement Funds could
be considered if the City Council chooses. He stated that it is his
belief that the public expects the City to stand by its word regarding
the amount of funding expected to construct the aquatics park. He added
that this has been the general response when he has spoken with citizens.
He addressed the question of delaying the project, saying that the
problem with additional delays is that the price has risen over $300,000
because of delays already suffered at the present time.
Alderman Smith noted that the grant awarded to the City has a time limit,
explaining that the funds must be put into use to keep the grant.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 6, 2004
7:00 P.M. – 7:47 P.M.
Mayor Swaim related that the City was awarded a $209,000.00 grant, which
the City has been allowed to extend but would probably not be allowed to
further extend. He stated the need for construction to begin in order to
take advantage of the grant funds.
In response to a question from Mr. McClanahan regarding the joint
education facility, Mayor Swaim related that the public was informed that
the City would contribute 5 million dollars to the construction of the
joint education facility and the Air Force is well aware of that fact.
He stated that there has been discussion with the Congressional
Delegation concerning the Air Force’s funding, and that any additional
construction costs would have to come from the Air Force.
APPOINTMENT(S): HOSPITAL BOARD APPOINTMENT
Alderman Howard moved, seconded by Alderman Elliott to approve the
appointment of Mr. Zane Hankins to the Hospital Board for a term to
expire 6/30/2008. MOTION CARRIED.
ANNOUNCEMENT(S): Mayor Swaim noted that tomorrow would be the final day
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for early registration for the Municipal League held June 16 through the
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18 in Little Rock at the Peabody Hotel. He encouraged attendance.
He then noted that early voting is currently being at held at City Hall
from 10:00 a.m. – 6:00 p.m. Monday through Friday and 1:00 p.m. – 4:00
p.m. on Saturday, ending 15 May.
Alderman Fletcher expressed concern regarding run-off water in newly
developed subdivisions, which do not have open drainage. He mentioned
concerns regarding low areas of subdivisions with standing water. He
suggested that standards be evaluated for proper street grade to handle
run-off water.
Mayor Swaim noted that during the recent heavy rains Cabot and Conway
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were not as fortunate as Jacksonville regarding flooding. He noted that
Jacksonville did have excessive water but to his knowledge, there were
not any homes flooded. He went on to say that part of the problem is
that the basin that Jacksonville’s water flows into fills up much faster
because of the increased areas of pavement. He noted that when the basin
is full, the water runs slower from the streets. He related that the
City makes every effort to keep carrier ditches cleaned for faster flow.
He then noted that new Federal regulations for developing subdivisions
would require sediment ponds.
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting at
approximately 7:47 p.m.
Respectfully,
________________________ _________________________
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
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