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07 NOV 29.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 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 29, 2007 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Mayor Swaim led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Sansing was out of town. Others present for the meeting were: City Attorney Robert Bamburg, Deputy Clerk Kathryn Jezwinski, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Fourqurean, Finance Director Paul Mushrush, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief Robert Baker, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of November 1, 2007 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 20 October 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for October 2007. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 30 Building Inspections 78 Business License 14 HVACR 42 Electrical 84 Plumbing 54 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 435 Notice of Noncompliance 30 Property Mowed 22 Towed 7 Trash Letters 153 Trash Removal 0 CONDEMNATIONS Property Maint. Letters 54 Structural Maint. Letters 0 Cost for February $ 933.00 Structural Repairs Made 0 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for October 2007 from the Jacksonville Fire Department, which reflects a fire loss of $1,600 and a savings total of $28,400. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for October 2007. Report reflects the Total Value of Reported Stolen Property $88,371. Total Value of Recovered Stolen Property $25,366 and Total Report Sales $1,046. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Animal Control Report for October 2007. Said report reflects: ADOPTION/FINES: $2,112.50 CONTRIBUTIONS: $ 0.00 TOTAL: $2,112.50 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. RESOLUTION 607 (#8-08) A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE TO ENTER INTO A CONTRACT OF OBLIGATION WITH THE ARKANSAS DEPARTMENT OF ENVIRONMENTAL QUALITY; AND, FOR OTHER PURPOSES. Mayor Swaim explained that Resolution 607 involves a contract of obligation with the Arkansas Department of Environmental Quality regarding the closure of the mulching operation, adding that a bond or set-aside funds are required. He noted that if the closure is not performed properly then the ADEQ would withhold funds from the State turnback. Alderman Ray moved, seconded by Alderman Howard to read Resolution 607 (#8-07). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Stroud to approve Resolution 607 (#8-07) in its entirety. MOTION CARRIED. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. b. PRESENTATION of President’s Circle Awarded to the Keep Jacksonville Beautiful affiliate Alderman Stroud related that it took approximately two years to have the Keep Jacksonville Beautiful affiliate operational, recognizing the efforts of Mr. Ron Newport and Public Works Director Jim Oakley. He recognized the accomplishments of the Committee and introduced Mr. Bob Phelps, representative of the Keep Arkansas Beautiful and Keep America Beautiful organizations. Mr. Phelps related the significance of the Keep Jacksonville Beautiful Committee, explaining that Keep America Beautiful is the Nation’s preeminent community improvement organization for over 53 years, adding that they have been helping communities through grass-root organizations. He stated that a group of Jacksonville citizens recognized that through a cleaner more beautiful environment the City would prosper. He related that he has watched the progress of Keep Jacksonville Beautiful from the beginning and is very excited about the development and accomplishments of the affiliate. He presented Mayor Swaim and Mr. Ron Newport with the President’s Circle Award on behalf of Keep America Beautiful. He then explained that Keep America Beautiful has approximately 550 affiliates across the Nation. He added that the top percentage of those are the ones that reach the President’s Circle, meaning that the community has complied with every criterion that Keep America Beautiful requires. Mr. Phelps recognized Mayor Swaim’s vital support in making Keep Jacksonville Beautiful a reality along with the positive efforts of Mr. Newport and the Committee. Mayor Swaim recognized efforts of the Committee and volunteers who have given of their time and money to ensure the success of Keep Jacksonville Beautiful. c. Discussion of Northbelt Freeway & Northlake Subdivision Alderman Stroud introduced Mr. Jon Raub, a resident of the Northlake Subdivision requesting to address the City Council with concerns regarding the chosen route for the Northbelt Freeway. Mr. Raub informed the City Council that he had 215 residents of the Northlake Subdivision sign a petition against the Northbelt Freeway. He read the heading of the petition, “We oppose the construction of any interstate through Northlake Subdivision of Jacksonville, Arkansas. Construction of intersection through Northlake would destroy critical watersheds and wildlife habitat that sustain wilderness areas. Extremely high costs of such a highway would not result in economical benefits, 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. contrary, it would displace Northlake residents and/or ruin the quality of the tranquil life, which many Northlake residents choose to retire to. I was informed the tax revenue from Northlake lakefront property homes are comparable to lakefront property homes north of North Little Rock, the expansion of Northlake property waterfront homes is currently under construction. The Northbelt Freeway was to be put through the Northlake Subdivision, it is possible that the lakefront property taxes being lost.” He surmised that a highway through Northlake would reduce the potential tax revenue or be lost. He added that it would create more traffic accidents because of the increase of vehicles in certain areas. He stated that he has viewed the proposed development plans for the lakefront homes, saying that there are not too many lakefront properties available anymore. In response to a question posed by Alderman Stroud, Mr. Raub stated that he would propose that the interstate be rerouted from Highway 89 through Camp Robinson. He explained that it is a longer route but feels it would be better than the shortcut, which would create more traffic problems. He related that he had written a letter to the Washington D.C. National Transportation Department offering an alternate route using the existing Highway 89 coming between U-Pull It auto parts for Cabot and surrounding areas to alleviate the traffic problem. He stated that the alternative route would cost more but is a long-term solution to the traffic problem. In response to a question posed by Alderman Smith, Mr. Raub stated that Mr. Dupree, developer of the Northlake Subdivision, did not like the current proposal. He stated that in his opinion if the Freeway goes in, Mr. Dupree might not be able to sell his property and that would result in lost taxes regarding lakefront property. He then answered that the current route would come within a few blocks of his residence. He stated that Sherwood hired an attorney to have the route pushed toward Jacksonville, adding that he had heard that in years past the money to put the Highway through Sherwood was spent and now the Highway Department is proposing to make Jacksonville take a financial loss. Mayor Swaim noted that Mr. Dupree, as developer of the Legacy Development would like the Freeway to go through the area, only slightly further to the south. He noted that Mr. Dupree has been before the City Council to request passage of a Resolution encouraging the construction of the Freeway. He stated that this was a topic in a recent meeting with the Highway Commissioners, explaining that the request has been to move the Freeway as far from Northlake as possible, ideally in-between Northlake and Indianhead Lake. He added that the Highway Commission has said they would do their best to comply with that request. He then clarified that the current route does not demolish any area homes, noting that the City of Jacksonville does not assess a real estate tax for City operations, so it would not generate income for City operations regarding new construction. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. Discussion ensued and Mayor Swaim stated that it is his understanding that Mr. Dupree may not agree with the exact route but does not want the Freeway moved to Highway 89. Alderman Stroud stated that he had spoken with Mr. Dupree yesterday, saying that Mr. Dupree wants the route moved a little further to the south and west but definitely wants the Freeway in the proposed general area because it will improve his property in the long run. Alderman Fletcher stated that funding would be the final determining factor, noting that the Highway Department had proposed a toll road to help with funding. He added that he did not feel the Highway Department would ignore funding issues. Mayor Swaim reported that there has never been appropriated funding for the portion from Highway 67 to Crystal Hill, adding that secured funding cannot be appropriated until the specific route is designated. d. Set public hearing regarding Pathfinder Bond Issue Alderman Elliott moved, seconded by Alderman Ray to set a public hearing at the regularly scheduled City Council meeting of December 6, 2007 at 7:00 p.m. MOTION CARRIED. e. ORDINANCE 1325 (#24-07) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTIES AT VARIOUS LOCATION WITHIN THE CITY OF JACKSONVILLE, ARKANSAS FOR BALANCE DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Mayor Swaim related that the liens involve cleanup and other services performed by the City, adding that Ordinance 1325 will allow for those liens to be added to property taxes. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1325 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1325. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1325 be APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1325 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1325. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. Alderman Stroud moved, seconded by Alderman Ray to further suspend the rules and place Ordinance 1325 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1325. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1325 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 1325 THIS 29 DAY OF NOVEMBER 2007. f. Approval of the CDBG Citizen’s Participation Plan Alderman Ray commended the report and the photography. Alderman Ray moved, seconded by Alderman McCleary to approve the CDBG Citizen’s Participation Plan. MOTION CARRIED. g. Approval of the CDBG updated HUD policy and procedures Alderman Smith complimented the thorough detail of the report. Alderman Smith moved, seconded by Alderman Stroud to approve the CDBG updated HUD policy and procedures. MOTION CARRIED. h. ORDINANCE 1326 (#25-07) AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF JACKSONVILLE, ARKANSAS, AND OTHER AFFECTED PERSONS, THE QUESTION OF ANNEXATION TO THE CITY OF JACKSONVILLE, ARKANSAS, CERTAIN CONTIGUOUS TERRITORY; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1326 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1326. Alderman Fletcher moved, seconded by Alderman McCleary that Ordinance 1326 be APPROVED on FIRST READING. 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 Howard to suspend the rules and place Ordinance 1326 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1326. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 29, 2007 7:00 P.M. – 7:26 P.M. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1326 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1326. Alderman Smith moved, seconded by Alderman McCleary that Ordinance 1326 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray 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 1326 THIS 29 DAY OF NOVEMBER 2007. i. PRESENTATION 2008 draft budget Mayor Swaim asked the City Council to review the draft budget and be prepared for discussion at the regularly scheduled City Council meeting of December 22, 2007. APPOINTMENT(S): JACKSONVILLE WATER COMMISSION/Dr. James Bolden Alderman Smith moved, seconded by Alderman Stroud to approve the appointment of Dr. James Bolden to serve the unexpired term of Gordon Koops for a term to expire 4/20/2009. MOTION CARRIED. ANNOUNCEMENT(S): th Mayor Swaim reminded the City Council that the 14 of December is the deadline for early registration for the Arkansas Municipal League Winter Conference held in Little Rock. He announced that the annual Christmas Parade would be held Saturday, st December 1 at 1:00 p.m. He then announced the dedication of markers regarding the Civil War Trail st that will begin at 11:00 a.m. December 1. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:26 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7