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04 NOV 04.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 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 November 4, 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, Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Alderman Fletcher, and Rinker were absent. 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 Jimmy Oakley, Fire Chief John Vanderhoof, Battalion Chief Joe Bratton, Police Chief Robert Baker, CDBG Director Theresa Watson, 911 Director Brenda Skinner, Planning Commissioner Mark Stroud, Mrs. Helen Stroud, Mrs. Lendy Lewis, Mr. Larry Dupree, 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 October 21, 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 Stroud that the minutes of the Regular City Council Meeting of 7 October 2004 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Howard to approve the Regular Monthly Report for October 2004. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 15 Building Inspections 69 Business License 11 HVACR 83 Plumbing 83 Electrical 43 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 37 Notice of Noncompliance 16 Property Mowed 20 Towed 0 Trash Letters 36 Trash Removal 4 CONDEMNATIONS Cost for December $1,628.62 Structural Maint. Letters 0 Structural Repairs Made 0 Demolitions 0 1 ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: PARKS & RECREATION: STREET DEPARTMENT: SANITATION DEPARTMENT: PLANNING COMMISSION: GENERAL: a. Approval of CDBG Five-Year Consolidated Plan and 2005 Action Plan Mayor Swaim noted that the public hearing was held at the previous City Council meeting of October 21, 2004. Alderman Ray moved, seconded by Alderman Lewis to approve the CDBG Five- Year Consolidated Plan and the 2005 Strategic Action Plan. Alderman Stroud commended Director Watson for her comprehensive report, questioning if the terms “affordable” and “adequate” housing could be considered synonymous. Director Watson responded that they are. Alderman Stroud expressed that one of his major disappointments, during his tenure, is that more adequate housing has not been provided for lower income residents. He noted concerns for several trailer parks and houses in the Sunnyside Addition that he feels should be condemned regarding living conditions. He added that he felt the standard for adequate housing should be raised. Director Watson offered that rental property needs to have codes regarding inspection, explaining that in Little Rock rental property is inspected every three years to make sure it meets minimum code standards and is given a determinable amount of time to correct any deficiencies to avoid condemnation. In response to a question posed by Alderman Stroud, Director Watson stated that efforts could begin by making the laws governing rental property stricter, noting that 60 to 65% of Sunnyside is rental property. She stated that landlords are eligible for the dollar-for-dollar match in the ADFA program, but added that there has been a lack of interest from local landlords. She then explained that there are funds available for homeowners who live in the home and a forgivable loan program available for rental property, which is a dollar-for-dollar match. She noted that there is a healthy resource of funds. In response to a question posed by Alderman Lewis, Director Watson stated 2 that many of the homes receive different additional repairs over time, adding that for the most part upkeep is maintained by the residents. She explained that monitoring repairs is conducted on an annual basis and residents are notified of deficiencies regarding compliance of contract. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 P.M. Mayor Swaim noted that prior to Alderman Stroud’s tenure there had been considerable rental rehab, including three low rental apartments as well as a significant number of houses in the Sunnyside Addition. He added that it became a situation where local landlords were not interested in paying the matching funds required to obtain the grant. He stated that it is a good program, if local landlords are willing to participate and maintain required records for the rental property. Alderman Stroud related efforts by himself and Alderman Lewis to establish a CDC; adding that it is a complex problem involving both rental and ownership property that has fallen into a deteriorated condition. He noted the enormity of the situation regarding solutions, and added that if there were greater community involvement, inroads would widen. He expressed concern for the current rate of repairs, suggesting that he would be willing to go to Washington to ask for grant funds. Mayor Swaim noted that in cities with successful large-scale rehabilitation projects there are almost always private monies by investors willing to gamble on the project’s success. He stated that it is difficult to find private citizens willing to invest in these types of projects. Alderman Stroud raised issues regarding a TIF, explaining that when the value of the property increases, taxes are used to repay the cost of rehabilitation. He asked that the City Council contemplate a TIF for the Sunnyside Addition. Mayor Swaim stated that he is not totally convinced that a TIF is the solution for the Sunnyside Addition, but added that he is willing to consider it as an option. In response to a question posed by Alderman Howard, Director Watson related that the houses in Sunnyside have little to no insulation unless there has been rehabilitation work completed to correct that. Mayor Swaim noted a winterization program is available for applicants and that the information to apply is available in the CDBG office. At this time, MOTION CARRIED. b. ORDINANCE 1235 (#18-04) AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE, ARKANSAS, FOR THE PURPOSE OF OBTAINING UPGRADED COMMUNICATIONS COMPUTERS AND SOFTWARE FOR THE 911 COMMUNICATIONS CENTER; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. 3 Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1235 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read Ordinance 1235. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 P.M. Alderman Lewis moved, seconded by Alderman Stroud that Ordinance 1235 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1235 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1235. Alderman Stroud moved, seconded by Alderman Lewis to further suspend the rules and place Ordinance 1235 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1235. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1235 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Lewis that the EMERGENCY CLAUSE be attached to Ordinance 1235. ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1235 THIS 4 DAY OF NOVEMBER 2004. c. Request to approve Building and Contents Insurance Mayor Swaim noted that the low bid was received from the present carrier and is approximately $7,000.00 less than the previous year. Alderman Stroud moved, seconded by Alderman Lewis to approve the low bid of $42,443.00 submitted by Federal Insurance Company (Chubb) with funds to be drawn from budgeted funds. MOTION CARRIED. d. Noise Ordinance Committee Report Alderman Smith serving as Chairman of the sub-committee reported that following several Committee meetings; efforts are being focused on establishing a quiet zone at the Loop Road railroad crossing. He explained the function of a quiet zone and noted that the Loop Road crossing is the only crossing in the City of Jacksonville to qualify 4 under current guidelines. He noted that part of the criteria would be th for the City Council to adopt an ordinance by December 18 and commit to establishing concrete barriers approximately 60’ on either side of the crossing to physically prevent a car from being able to cross when the arms are lowered. He noted that a draft ordinance will be submitted to the Committee at their next scheduled meeting in November, followed by submittal to the City Council at their first meeting in December. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 P.M. Mayor Swaim noted that it would be prudent to adopt the ordinance even though there is not a complete clarification on the costs. He stated that the concrete barrier may turn out to be the least expense depending on requirements from the railroad regarding the cross arms. He noted that after adopting a ordinance the City of Arkadelphia dropped the project because of mounting expense. In response to clarification regarding the expense range, Police Chief Baker stated that the minimum cost is $10,000.00 and could go as high as $400,000.00, which does not include the annual fee for maintenance. Mayor Swaim noted that the application process is very complex requiring enormous amounts of documentation. In response to a question posed by Alderman Stroud, Alderman Smith stated that the Committee has voted to focus efforts on the Ordinance to establish a quiet zone because of the deadline, before returning to noise ordinance considerations regarding citizenry complaints. Police Chief Baker noted that from March thru September of 2004, the Police Department received 18,731 calls for service. He noted that of those calls 474, were in relation to noise disturbances. He related that the normal procedure in responding to a noise disturbance is to warn the persons of the complaint, thus offering them an opportunity to quiet themselves. He added that if the Police Department has to return a third time, a citation is issued. He noted that most citizens are compliant to the warning. He stated that there are two standards to follow in noise complaints, one involves the use of a decibel reader regarding 70 decibels at 20 feet. He stated that if a decibel reader registers a violation, the Judge can use that reading in furtherance of the complaint in order to verify a plea of guilty. He related that the other method is subjective, which is where the problem lies and may need to be addressed by a policy change. He stated that the primary complaint is loud music in passing vehicles, barking dogs, and loud voices. He stated that even with the subjective issues, if the noise is located, a warning is issued. He detailed the difficulty in obtaining a decibel reading from a moving vehicle, adding that these will be issues for further address in the Committee meetings. Alderman Smith noted that some cities do not use a decibel reading for noise regulations, adding that the Municipal Judge requires a measurement for conviction. 5 ANNOUNCEMENT(S): Mayor Swaim announced that City Hall will be closed th November 11 2004 for Veteran’s Day. Ester Nixon Library Update Mayor Swaim related that roofers have been working on the project for approximately two weeks, noting that the asbestos removal has been completed. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 4, 2004 7:00 P.M. – 7:37 P.M. Public Works Director Jim Oakley responded that seven storm drains have been replaced, adding that the plumbing between the ceiling and the roof will be repaired tomorrow. He noted that regarding weather projections, he believes repairs to the ceiling should move forward. Mayor Swaim stated that he has asked volunteers to serve on a committee to consider construction of a new library. He added that he has received some commitments for sizable donations, pointing out that if the option moves forward, the City Council and general public would have to vote on some type of funding mechanism. He stated that following the reopening of the Library, if there is a desire to move forward with a new library the public needs to become involved and help raise funds. In response to a question from Alderman Smith, Mayor Swaim agreed that the original roofing contractor had gone out of business. He then related that the City was able to contact the manufacturer of the flat roof system and locate another roofing company that uses the same product to perform the required repair work. He noted that the system has a 10- year warranty, but acknowledged the difficulty, in some cases, to repair a flat roof. Alderman Smith stated that he agrees with Mayor Swaim regarding the public’s need to become involved in issues of community concern. Mayor Swaim encouraged the public to review and participate in options for the construction of a new library. He related his conversations with Dr. Roberts of the Arkansas Library System regarding efforts to have the Library reopen as quickly as possible. Flood Control Management Discussion ensued regarding the flood plain management award received by the City and Mayor Swaim noted that during the heavy rains some cities had flooded homes and buildings. He pointed out that because of ongoing management efforts, Jacksonville was fortunate not to have experienced any flooding of homes. Alderman Smith complimented the Street Department for responding to down tree limbs in the West Main area following the recent storm. ADJOURNMENT: Mayor Swaim, without objection adjourned the meeting at 6 approximately 7:37 p.m. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7