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07 APR 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 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 April 19, 2007 at the regular meeting place of the Council. Mayor Swaim delivered the invocation and Alderman Stroud led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT Nine (9), ABSENT (1). Alderman Ray was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Linda Dulaney, Finance Director Paul Mushrush, Public Works Director Jim Oakley, Fire Chief John Vanderhoof, Captain Charlie Jenkins, Representing Engineer Jay Whisker, Code Enforcement Officer Marty Sanady, Mrs. Judy Beale, Mr. Larry Dupree, Mr. Tommy Dupree, Mrs. Glenda Fletcher, Mrs. Edith Smith, Mrs. Addie Gibson, Mr. Larry Smith, Mr. Jack Danielson, Mr. Tommy Bond, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of April 5, 2007 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Sansing moved, seconded by Alderman Howard that the minutes of the Regular City Council Meeting of 15 March 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for March 2007 from the Jacksonville Fire Department, which reflects a fire loss of $0.00 and a savings total of $0.00. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for March 2007. Said report reflects: ADOPTION/FINES: $2,185.00 CONTRIBUTIONS: $ 10.00 TOTAL: $2,195.00 REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Smith to approve the Regular Monthly Report for March 2007. Said report reflects the Total Value of Reported Stolen Property $56,960. Total Value of Recovered Stolen Property $15,753 and Total Report Sales $990. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, 1 Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid for Sidewalk from Community Center to Dupree Park on Redmond Road Mayor Swaim related that the sidewalk is a grant project, explaining that Bond Engineering performed the engineering aspect. He noted that the low bid is from Cinergi, who has performed work for the City. Alderman Elliott moved, seconded by Alderman Smith to approve the low bid from Cinergi in the amount of $70,322.50 from budgeted funds. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. Public Hearing 7:00 p.m. Mayor Swaim opened the public hearing at approximately 7:05 p.m. ORDINANCE 1309 (#8-07) AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS LOCATIONS NOTED BELOW IN JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; AND, FOR OTHER PURPOSES. Mayor Swaim invited the audience to address any issues regarding the condemnations, no member of the audience presented to speak. Mayor Swaim announced the addresses presented for condemnation as 104 Cross Street, 105 Pike Ave., 128 Central Ave., 130 Joiner Ave., 141 North Ave., 184 Pike Ave., 206 Roosevelt Road, 1116 Sorrells Drive and 1504 Keaton Street. Again, Mayor Swaim invited anyone wishing to address any of the properties and no one presented. Mayor Swaim closed the public hearing at approximately 7:06 p.m. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1309 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1309. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1309 be APPROVED on FIRST READING. 2 In response to a question posed by Alderman Fletcher, City Attorney Bamburg reviewed the notification process. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. In response to a question posed by Alderman Smith, Mayor Swaim answered that $20,000.00 had been budgeted for demolition. He then added that if that is not enough to cover the costs for all the houses, a request would be brought back before the City Council. He noted that two of the houses have been torn down and those would only involve lot cleanup costs. He then answered that the houses in Sunnyside Addition would have to have an asbestos study prior to being demolished. He added that each homeowner would have 60 days to perform required repairs after being notified again. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1309 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1309. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1309 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1309. Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1309 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Howard moved, seconded by Alderman Fletcher that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1309 THIS 19 DAY OF APRIL 2007. Alderman Fletcher requested that the property owner of the former Long John Silver restaurant on Main Street and the Chicken restaurant behind McDonalds be notified regarding property cleanup. b. Public Hearing 7:10 p.m. Mayor Swaim opened the public hearing at approximately 7:10 p.m. ORDINANCE 1310 (#9-07) 3 AN ORDINANCE TO ESTABLISH AND DESIGNATE THE JACKSONVILLE MUNICIPAL PROPERTY OWNERS’ MULTIPURPOSE IMPROVEMENT DISTRICT NO. 5 (LEGACY CENTER OF DUPREE FARMS); DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. Mr. David Menz of the law firm Williams & Anderson, stated that he had drafted the petition and the abstractor’s certificate. He related that the purpose is to create an improvement district regarding the property in the south part of Jacksonville, north of Sherwood, and west of I-67. He stated that the Dupree family, who are present, owns the property. He added that Mr. Tommy Bond is the project engineer. He explained that the Dupree family is planning to develop the property, adding that appropriate zoning would be a future consideration. He stated that the improvement district would be created to finance the infrastructure regarding streets, drainage, lights, water, sewer or any other municipal infrastructure. He noted that it would be developed to City standards and would be dedicated to the City following a year’s warranty period. Mayor Swaim noted that this improvement district is similar to the one approved for the subdivision in south Jacksonville that was recently adopted by the City Council. Alderman Stroud spoke in favor of the proposed development. It was noted that infrastructure would be constructed to City standards. Alderman Sansing stated an enhanced understanding of this type of improvement district, the project is appreciated. Mayor Swaim closed the public hearing at approximately 7:14 p.m. Alderman Smith moved, seconded by Alderman Howard that Ordinance 1310 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1310. Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1310 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1310 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1310. Alderman Stroud moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1310 on THIRD and FINAL READING. 4 In response to a question posed by Alderman Fletcher, Mayor Swaim related that part of the improvement district would be to develop access to the development. He added that there are two prime access areas; one being a change in Redmond Road and the other would be off Emma Street on West Main. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. Mr. Dupree stated that there would not be any direct access to the travel lanes on I-67. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1310. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1310 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Smith that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1310 THIS 19 DAY OF APRIL 2007. c. RESOLUTION 601 (#2-07) A RESOLUTION EXPRESSING WILLINGNESS FOR THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL-AID MONIES TO REHABILITATE THE TRAFFIC SIGNALS AT THE INTERSECTION OF HIGHWAY 67/167 AND MAIN AND MARSHALL STREETS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the City had requested that the Highway Department study the two traffic lights at Marshall Road and T.P. White Drive, explaining that it was agreed that the signals need to be redesigned. He stated that the City is required to pass a resolution and agree to pay a 20% match as part of the requirement for Federal funds. He related that the estimated cost is $200,000 for the redesign and construction. He stated that the City would be responsible for acquiring any additional rights-of-way, but added that he does not foresee that there would be any need for additional rights-of-way. He related that Metroplan has agreed to work the project into the TIP even though it has been closed to LUZA funds. Alderman Elliott moved, seconded by Alderman Howard to read Resolution 601 (#2-07). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Howard to approve Resolution 601 (#2-07). MOTION CARRIED. 5 d. ORDINANCE 1311 (#10-07) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE PURCHASE OF IN-CAR VIDEO SYSTEMS FOR USE BY THE JACKSONVILLE POLICE DEPARTMENT; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. Mayor Swaim related that the Police Department has purchased some new vehicles and the request is for the same type camera currently being used. Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1311 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1311. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1311 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1311 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1311. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1311 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Sansing, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1311. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1311 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Sansing that the EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1310 THIS 19 DAY OF APRIL 2007. At 7:26 p.m. City Attorney Bamburg was excused from the meeting. APPOINTMENT(S): 6 ANNOUNCEMENT(S): Mayor Swaim announced that Mr. Dick Jones had passed. He related that the funeral would be Saturday, 10:00 a.m. arrangements are being made by the Moore’s Jacksonville Funeral Home. He announced that the cleanup day starts Saturday, 9:00 a.m. at the Chamber of Commerce. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 19, 2007 7:00 P.M. – 7:31 P.M. He then announced a field dedication at Excell Park in honor of long-time Parks and Recreation Commissioner and Coach Dr. Donald Griggs beginning Saturday, 8:15 a.m. on field no. 1. The City Council joined Mayor Swaim in welcoming former City Engineer Jay Whisker as the new Director of Administration. Alderman Stroud complimented Ted Belden for his efforts on Warehouse Row, saying that the area looks nice. Mayor Swaim noted ongoing efforts with Mr. Belden to locate property to place a rail spur and loading dock needed for industrial development purposes. Alderman Sansing announced that the Parks and Recreation held their Hershey’s Track and Field meet that was a good event with had a large turnout. It was noted that the Parks and Recreation successfully hosted the event singularly, whereas in the past the event had been shared with two other cities. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:31 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7