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04 MAY 06.docCITY 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, 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. 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1224 THIS 6H 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. 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. ORDINANCE APPROVED, ADOPTED AND NUMBER 1225 THIS 6H 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. 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 for its 6th 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. 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 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 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 for early registration for the Municipal League held June 16th through the 18th 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 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