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08 AUG 07.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 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 August 7, 2008 at the regular meeting place of the Council. Alderman Stroud delivered the invocation and Miss Genevieve Wilson 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. PRESENT NINE (9), ABSENT (1). Aldermen McCleary was out of town. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Edith Smith, 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 June 5, 2008 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 17 July 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Report for June 2008. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 19 Building Inspections 54 Business License 9 Electrical 75 Plumbing 57 HVACR 45 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 159 Notice of Noncompliance 12 Property Mowed 38 Towed 1 Trash Letters 57 Trash Removal 1 CONDEMNATIONS 0 Property Maint. Letters 5 Structural Maint. Letters 16 Cost $2,491.00 Structural Repairs Made 0 Demolitions 0 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. CITATIONS WARRANTS Debris & open storage 4 Arrest 0 Property maintenance 1 Search 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Stroud to approve the Regular Monthly Animal Control Report for June 2008. Said report reflects: ADOPTION/FINES: $2,980.00 CONTRIBUTIONS: $ 351.00 TOTAL: $3,331.00 ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: a. Request to accept bid to refurbish fire truck Mayor Swaim related that the fire truck is 15 years old, explaining that the engine was replaced less than a year ago and it would be prudent to refurbish the fire truck rather than encompass the great expense of replacing. Chief Vanderhoof related that it is the ladder portion of the fire truck that would be refurbished, replacing the gears and hydraulics. He stated that it would exclude the chassis. He then agreed with Mayor Swaim that a large portion of the refurbishment would be the electronics. Alderman Stroud confirmed with Mayor Swaim that a new fire truck would cost slightly over 1 million dollars. Alderman Ray moved, seconded by Alderman Stroud to approve the low bid from Pro-Fire Equipment in the amount of $270,772.35 with funds to be drawn from budgeted funds. MOTION CARRIED. b. Request 10% match funding for Firefighters Assistance Grant Chief Vanderhoof informed the City Council that the Fire Department had applied for the 2008 FEMA grant and was approved; he related that the Federal share would be $49,419.00 and the City share would be $5,491.00. He stated that the Fire Department anticipates purchasing 1) a fit testing machine that will fit test firefighters mask for proper fit and seal, 2) firefighter mask, 3) an Instant Command Simulation System, a computerized command system for training strategies and tactics regarding an interactive simulated fire. In response to a question posed by Alderman Stroud, Chief Vanderhoof answered that the Fire Department has received approximately 1.3 million dollars in grants. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. Alderman Elliott commended the Fire and Police Department’s staff for writing and being awarded so many grants. Other members of City Council echoed those comments. Alderman Stroud moved, seconded by Alderman Smith to approve 10% match funds in the amount of $5,491.00 for the FEMA FY 2008 Assistance to Firefighters Grant with funds to be drawn from the Fire Department Equipment fund. MOTION CARRIED. c. Request to accept bid for expansion & remodel of Fire Station No. 4 Mayor Swaim noted that Fire Station No. 3 was remodeled last year and the Fire Department has advertised for bids to remodel Station No. 4. Chief Vanderhoof related that the Fire Stations were constructed in 1978, explaining that living quarters were very crowded. He reminded City Council that Fire Station No. 2 had also been remodeled several years ago, followed by Station No. 3 last year to provide more adequate living space and accommodate future staffing. He stated that Station No. 4 on Hwy. 161 is the last station to be remodeled. He related that it is a 2008 budgeted item, the bids have returned and the low bid of $240,450.00 is satisfactory. Mayor Swaim clarified that the City is comfortable with the low bidders quality of work. Alderman Elliott moved, seconded by Alderman Howard to approve the low bid from Clements & Associates Architectural, Inc. in the amount of $240,450.00 with funds to be drawn from budgeted funds. MOTION CARRIED. POLICE DEPARTMENT: STREET DEPARTMENT: Request to accept bid for the 2008 asphalt overlay and street striping Mayor Swaim noted the significant increase in asphalt prices, adding that he had been discussing with Public Works Director Jim Oakley the possibility of delaying asphalt overlay for one year. Public Works Director Jim Oakley related that the low bid came in at $90.00 per ton, and the next lowest bid was $110.00. He stated that currently there are factors that affect the price of asphalt, noting a shortage of A.C. oil. He recommended that the City not asphalt this year and use the money in the fund balance for next year, adding that he feels the price will decrease by 20% (or $50,000.00) for next year. He stated that he has evaluated the City streets and estimated that only minor repairs, such as potholes would need to be repaired over the year. He related that because of the ongoing comprehensive overlay program, the City streets are in good shape. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. Mayor Swaim stated that the City is on a rotating street overlay program, explaining that streets are overlaid before they begin to fall through, adding that he confirmed with Public Works Director Jim Oakley that there were no areas of potential necessity. He noted that within the last month there has been a strange shortage in the products used to make asphalt, which has significantly increased the price. He stated that he was anticipating $78 per ton and it increased to $89 plus. He stated that it would be a gamble to predict a price reduction, but feels along with Director of Administration Jay Whisker and Public Works Director Jim Oakley that it is worth the risk. Alderman Ray concurred, saying that the City streets are in good shape. It was the consensus of the City Council to remove the asphalt overlay and street striping bid from the agenda. Mayor Swaim stated that a larger program would be considered for next year. Public Works Director Jim Oakley briefly informed the City Council of a dog biting incident involving a younger child that was bitten in the face and to his understanding the child would require plastic surgery. He related that the dog was not registered with the City and that issue is being addressed. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: ORDINANCE 1340 (#7-08) SECOND READING 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. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1340 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Susan Davitt read the heading of Ordinance 1340. Alderman Stroud noted that Code Enforcement has been involved with one of the properties for approximately three years. He added that he also feels there are many other properties that need to be on a condemned list. He related that he had spoken with Code Enforcement today and learned that there are an additional 18 properties that could be considered for the list. He related his efforts through the Council to approve signs being placed in yards stating that the property is being considered for condemnation. He stated that City Attorney Bamburg and Municipal League Attorney Mark Hays were not in favor of that avenue, CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. noting that firstly, the property owner should be notified that the property is in violation of Code. He related that Mark Hays had advised that the list could be as long as necessary and condemnations can be worked from the list. He asked City Council to instruct Code Enforcement to develop a condemnation list regardless of number and notify the property owners, offering a longer lead-time to perform repairs. He stated that the property owners should either bring the property up to Code, or sell the property to someone who will bring it up to Code, or they could donate it to the City as a tax write-off. He noted that if the property is condemned and torn down by the City, there would be a lien on the property. He noted a long history of efforts by the City to improve housing, making it more adequate and affordable. He related situations where residents are living without electricity or proper plumbing. He stated that the City must be stricter to improve housing, saying that it is the City’s responsibility to improve property values. He stated that his recommendation would be to instruct Code Enforcement to create the list and work off the list. Alderman Smith stated his support for creating a list and having Code Enforcement work the worst houses on the list. Alderman Howard stated that he believes the Police Department has started a list regarding problem properties. It was also noted that they have a list of the vacant properties. Mayor Swaim concurred, saying that there are some problems in the Sunnyside Addition, but does not feel it is a widespread problem for the whole City. He stated that Jacksonville has some areas that need attention and the City is working in those areas. He stated that he did not want there to be any confusion that this is a problem for the whole City. He stated that the City currently works from a list, noting the time involved with the legal condemnation process. He acknowledged that the City has to be correct in the way they approach property owners regarding confirmed Code violations resulting in condemnation. He noted that there are criteria for condemnation. Jacksonville resident Mike Wilson addressed the City Council concurring with Alderman Stroud, and noting his interest in one property that is not on the condemnation list but should be because it is a burnout. He stated that his interest in this property is because it is adjacent to property he owns. He stated that City Council could rezone properties to make them more valuable for people who are interested in developing the properties. He related that he is an interested person in Jacksonville because he was born here and owns property in Jacksonville. He stated that while the list would offer lead-time he feels the people who would be placed on the list are aware of the condition of their property. Alderman Stroud thanked Mr. Wilson for his input, saying that most of the problems stem from landlords. He then noted that CDBG has funds CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. available for homeowners. He stated that he is not referring to house painting issues but houses that are “eye sores” that are not repairable. Alderman Fletcher recalled the Long Range Planning sessions conducted at the Community Center, saying that the issue he brought up that he felt did not receive proper attention was the issue of aged housing. He stated that he feels this is the real problem when discussing the houses in Sunnyside. He stated that the houses are almost 70 years old and were originally built as a temporary solution to an immediate need regarding the Ordinance Plant days. He continued saying that the houses were not constructed to last this long, adding his surprise that some of the houses have lasted. He mentioned the earlier formation of a Renter’s Association, noting that he agrees that the largest problem is landlords. He stated that he feels private homeowners are doing the best they can and we as a City need to look at grants, which is an ongoing avenue offered by the City. He stated that he also felt that commercial property would need to also be considered regarding ongoing efforts. He stated that long-range plans regarding aged housing need to be addressed, saying that just because a house is older it need not look bad. He concluded saying that it would take a collaborated effort with special attention to landlords. In response to a question posed by Alderman Smith, City Planner McCulley stated that the property addressed as 1308 South Highway 161 qualifies to be removed from the list, citing significant improvements to the property which Code Enforcement feels the house will be completed within thirty days. Alderman Fletcher moved, seconded by Alderman Stroud to amend Ordinance 1340 to remove property addressed as 1308 South Hwy. 161 from the list. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Smith to suspend the rules and place Ordinance 1340 as amended on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Clerk Susan Davitt read the heading of Ordinance 1340. Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1340 be APPROVED AND ADOPTED as amended. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1340 THIS 7th DAY OF AUGUST 2008. Discussion ensued regarding the length of time a burned out house can sit without improvements and it was clarified that the time is one year. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING AUGUST 7, 2008 7:00 P.M. – 7:31 P.M. APPOINTMENT(S): ANNOUNCEMENT(S): 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