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07 SEP 06.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 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 September 6, 2007 at the regular meeting place of the Council. Alderman Howard 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, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Sansing and Twitty were absent. Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy Clerk Carol Vaughn, Public Works Director Jim Oakley, Human Resource Director Jill Fourqurean, Finance Manager Cheryl Erkel, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief Robert Baker, Mrs. Judy Swaim, Mr. Alfonso Nations, Mrs. Addie Gibson, 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 August 16, 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 Stroud that the minutes of the Regular City Council Meeting of 2 August 2007 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for August 2007. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 29 Building Inspections 81 Business License 10 HVACR 53 Electrical 102 Plumbing 109 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 368 Notice of Noncompliance 8 Property Mowed 43 Towed 2 Trash Letters 41 Trash Removal 3 CONDEMNATIONS Property Maint. Letters 36 Structural Maint. Letters 0 Cost for February $1,305.92 Structural Repairs Made 0 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 P.M. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for July 2007 from the Jacksonville Fire Department, which reflects a fire loss of $13,000.00 and a savings total of $217,000.00. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: ORDINANCE 1319 (#18-07) AN ORDINANCE WAIVING COMPETITIVE BIDDING FOR THE INSTALLATION OF AN ELECTRIC VENTILATION SYSTEM FOR THE JACKSONVILLE COMMUNITY CENTER; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim noted that last year there was a significant amount of work in the pool area regarding a condensation problem, explaining that there are additional issues that have not been addressed that are now causing problems. He stated that the same contractor and engineers have evaluated those issues and have proposed changes. He continued saying that because of the familiarity with the construction and issues regarding other contractor’s failure to bid in the past because of technical difficulties with the project, the project is being proposed on waiving competitive bidding. He stated that the project would consist of placing additional ventilation equipment in the building to address the remaining condensation problems. Alderman Smith moved, seconded by Alderman Ray that Ordinance 1319 be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1319. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1319 be APPROVED on FIRST READING. In response to a question posed by Alderman Fletcher, Acting City Engineer Whisker stated that the project engineer, noting that because the building is attached at the rafters the condensation is now appearing on the basketball courts, has analyzed airflow and unique construction of the building recommending that this system would solve the condensation problems. 2 ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 P.M. Alderman Fletcher moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1319 on SECOND READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1319. Alderman Stroud moved, seconded by Alderman Howard to further suspend the rules and place Ordinance 1319 on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1319. Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1319 be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray to attach the EMERGENCY CLAUSE to Ordinance 1319. ROLL CALL: Alderman Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1319 THIS 6 DAY OF SEPTEMBER 2007. PLANNING COMMISSION: GENERAL: a. Request to accept bid for Tractor with boom loader Public Works Director Jim Oakley explained that the low bid did not meet specifications, noting that the tractor weighed 1,350 lbs. less than was specified in bid. He stated that it becomes crucial because of the 20’ extension boom, explaining that the weight is crucial when the boom is extended and the counter weight is important. He stated that the low bidder is aware that their bid did not meet specifications. He then added that one other item regarding the low bidder that did not meet specifications, explaining that there is a safety switch to stop the mower in 4 seconds, which was not featured on the low bid tractor. He then related that the mower was budgeted in the 2007 Street Fund, adding that the accepted mower came in $2,000.00 less than budgeted. Alderman Ray moved, seconded by Alderman McCleary to reject the low bid for failure to meet specifications and accept the bid from Little Rock Equipment in the amount of $51,000.00 with funds to be drawn from the Street Fund. MOTION CARRIED. b. RESOLUTION 603 (#4-07) 3 A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID MONIES; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Parks and Recreation Director George Biggs related that the City has applied for the grant in the past, adding that the purpose is to establish CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 P.M. a walking trail at Stonewall Park. He explained that a resolution along with the application is necessary to qualify for funding. Mayor Swaim noted that there is a 20% match, either in kind or in funds, explaining that the grant is for $24,000.00 so it would be a small match. Alderman Howard moved, seconded by Alderman Stroud to read Resolution 603. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 603. Alderman Smith moved, seconded by Alderman McCleary to approve Resolution 603 in its entirety. MOTION CARRIED. c. RESOLUTION 604 (#5-07) A RESOLUTION CERTIFYING AND ENDORSING THE PARTICIPATION OF AGL CORPORATION IN THE TAX BACK PROGRAM BY THE CITY OF JACKSONVILLE AS AUTHORIZED BY ACA § 15-4-2706(Department) OF THE CONSOLIDATED INCENTIVE ACT OF 2003; AND, PRESCRIBING OTHER MATTERS RELATING THERETO. Mayor Swaim explained that Resolution 604 is a certification endorsement for AGL Corporation to participate in a tax back program. He then explained that State legislation allows for industries expanding their operation and services to qualify for a tax rebate. He stated that the application is for $30,000.00 and legislation allows not only for the State to waive their sales tax monies but also for the City to waive their collection regarding sales tax. He stated that the maximum loss of sales tax to the City would be $900.00, adding that the probable cost is $600.00. He stated that AGL is proposing to spend approximately $5,000.00 for additional equipment and $25,000.00 for training. He stated that given AGL will probably not be purchasing that type of equipment in the City of Jacksonville, the City would not loose any tax dollars, but AGL cannot qualify for the State rebate without the City waiving its sales tax. Alderman Stroud moved, seconded by Alderman Howard to read Resolution 604. MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 604. Alderman Smith moved, seconded by Alderman Ray to approve Resolution 604 in its entirety. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Parks and Recreation Annual Planning Meeting September th 11, 6:30 p.m. at Foxwood Country Club. 4 Mayor Swaim reviewed the list of public hearings scheduled for the Community Development Department regarding Community Development Block Grant projects for the year 2008: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 P.M. September 11, 2007 6:30 p.m. 201 Martin Street Martin Street Recreation Center September 17, 2007 6:30 p.m. 101 North Elm Evangelistic Ministries Church September 20, 2007 2:30 p.m. 203 Hospital Drive Worley’s Place September 20, 2007 3:30 p.m. 200 Hospital Drive Jacksonville Towers September 20, 2007 6:30 p.m. 109 South Second Street Community Development Office September 24, 2007 6:30 p.m. 1212 Ray Road Church of Jesus Christ September 25, 2007 6:30 p.m. #5 Municipal Drive Jacksonville Community Center Mayor Swaim stressed the importance of community participation and input, noting that funds are limited; pointing out that the City received $279,000.00 last year. He related that there are ongoing programs but there are funds available to be used in community projects and the City would like to have community input on those projects. He recognized that sometimes the amount of funds does not allow the City to complete a large project, but added that it could be done in smaller increments such as ongoing projects and efforts in the Sunnyside Addition. Alderman McCleary announced that there would be a clean-up at Galloway Park Saturday beginning at 7:00 a.m., adding that lunch would be provided by CDBG at 12:00 p.m. Mayor Swaim announced that the ground breaking for the new Nixon Library is scheduled for 10:00 a.m. on September 12, 2007. Mayor Swaim then announced that Arkansas cities and counties received additional monies from State Turnback, explaining that it is probably a one-time event. He noted that the City of Jacksonville received 5 $205,000.00, adding that he would like to have input on how the money is spent regarding a one-time non-reoccurring expenditure. He stated that there are a number of worthy projects in the Community, mentioning that there is a parking problem at the Courts. He continued that there is a need to purchase additional property for the development of a parking lot. He noted that there has also been interest regarding the improvement of landscaping in the central area of downtown Jacksonville, and in completing the trail in Dupree Park to Bayou Meto Creek. He added that there has also been interest in securing a location for the development CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING SEPTEMBER 6, 2007 7:00 P.M. – 7:24 P.M. of a farmers market. He asked the City Council to give the matter some thought regarding a one-time expenditure for the funds. Mayor Swaim updated the City Council regarding Mr. Mushrush’s recent health issues regarding heart stints to address blockage. He stated that he is recovering fine and will return to work when released by his doctor. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:24 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 6