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08 FEB 21.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 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 February 21, 2008 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: Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT EIGHT (8), ABSENT (2). Aldermen Elliott and McCleary were absent. Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Assistant Finance Director Cheryl Erkel, Human Resource Director Jill Fourqurean, CDBG Director Theresa Watson, Fire Chief John Vanderhoof, Police Chief Robert Baker, Alfonso Nations, Larry Smith, Mike Lehman, interested citizens and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of February 7, 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 Sansing that the minutes of the Regular City Council Meeting of 17 January 2008 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2008. Report reflects the Total Value of Reported Stolen Property $88,606. Total Value of Recovered Stolen Property $48,189 and Total Report Sales $1,107. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for January 2008 from the Jacksonville Fire Department, which reflects a fire loss of $122,000 and a savings total of $362,200. REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for January 2008. Said report reflects: ADOPTION/FINES: $2,690.00 CONTRIBUTIONS: $ 500.00 TOTAL: $3,190.00 ROLL CALL: Aldermen: Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: Request to accept bid for Ambulance Mayor Swaim noted that of the two bids received, one did not meet specifications. He pointed out that justification for the higher bid has been provided to City Council. Chief Vanderhoof noted a correction amount regarding the bid received from Wheeled Coach, saying that the final bid price should read $110,399 instead of $101,399. He stated that the recommended bidder meeting necessary specifications is Fleet Resources at $121,828.82, noting the difference of $11,439.00. He related that bid invitations were sent to six different bidders and two were returned. He introduced Fire Department EMS Coordinator Rodney Ashley for questions. Firefighter Rodney Ashley briefed the City Council regarding EMS operations, saying that ambulance runs finished on average this year, explaining that the Department has two older ambulances, which experienced maintenance issues earlier in the year. He added that other than those issues operations are going well, pointing out that the addition of new software is providing better documentation and billing. Alderman Smith moved, seconded by Alderman Stroud to reject the low bid from Wheeled Coach at $110,399 for failure to meet specifications and accept the higher bid from Fleet Resources at $121,828.82. In response to a question posed by Alderman Fletcher, Firefighter Ashley stated that all items are standard with the exception of an air hose added to this ambulance. He then related that the older ambulance would be kept as a backup, adding that delivery time for the new ambulance is 90 to 100 days. Mayor Swaim noted that funds would be drawn from budgeted items for the Fire Department Emergency Division. At this time MOTION CARRIED. POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. PRESENTATION by Master Gardeners Mayor Swaim recognized beautification areas around City Hall crediting the Master Gardeners who volunteer their time to maintain the grounds. He noted members who have been with the program for many years, and conferred appreciation on behalf of the City. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. The Master Gardeners assembled in front of the dais to present a plaque and scrapbook to Mayor Swaim, the City Council, and the City of Jacksonville. Ms. Dottie Higgenbach related that the City Hall project was entered for the State Master Gardener project of the Year in 2007 and nd was awarded 2 place. She stated that the master gardeners feel that the plaque should be presented to the City of Jacksonville because of its ongoing support of the project since inception in 1993. She offered special “thanks” to Public Works Director Jim Oakley. Mayor Swaim recognized the Master Gardener’s hard work and volunteerism for the City. b. RESOLUTION 611 (#4-2008) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT SAFE ROUTES TO SCHOOL PROGRAM FUNDS; AND, FOR OTHER PURPOSES. Public Works Director Jim Oakley related that the Safe Routes to School is funded by the Federal Government through the Arkansas Highway and Transportation Department. He stated that the City of Jacksonville, Jacksonville Middle School, and Central Arkansas Planned Development requested a grant for the Jacksonville Middle School, adding that they were awarded $130,000 for the construction of sidewalks, curb, gutter and drainage along Hospital, School, and Sharp Streets. He stated that the grant is once again being offered and the City will apply again for improvements in additional areas. He noted that one additional area is going from Harris Road near Tolleson Elementary School and going down to Crooked Creek to tie it into the existing sidewalk system. Mayor Swaim noted that the expenditure of these grant funds is restricted to sidewalks in conjunction with traffic to a school. Public Works Director Jim Oakley noted that the grant is 100% funded requiring no City match. Alderman Ray moved, seconded by Alderman Stroud to read Resolution 611 (#4-2008). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 611. Alderman Stroud moved, seconded by Alderman Fletcher to approve Resolution 611 in its entirety. MOTION CARRIED. c. RESOLUTION 610 (#3-2008) A RESOLUTION AUTHORIZING APPLICATION FOR FUNDING TO PROVIDE AN UPGRADE TO THE VALENTINE-WOOTEN ROAD SANITARY SEWER PUMP STATION; AND, FOR OTHER PURPOSES. Mayor Swaim explained that Resolution 610 and 609 while similar represent two separate grants for the same award amount. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. Alderman Smith moved, seconded by Alderman Ray to read Resolution 610 (#3-2008). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 610. Mayor Swaim asked the City Council to note a match of $23,935.00 regarding the award amount of $73,065.00. He stated that the Wastewater Utility agrees to fund the match as prescribed. He related that the project is part of the Valentine-Wooten Road pump station project that is performed by the Pulaski County Facilities Board, adding that the grant will help facilitate the project. Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 610 in its entirety. MOTION CARRIED. d. RESOLUTION 609 (#2-2008) A RESOLUTION AUTHORIZING APPLICATION FOR FUNDING TO PROVIDE AN UPGRADE TO THE VALENTINE-WOOTEN ROAD SANITARY SEWER PUMP STATION; AND, FOR OTHER PURPOSES. Mayor Swaim stated that this Resolution addresses the same project, explaining that Wastewater is applying with the (ADEC) Arkansas Development Economic Commission for a general improvement grant and again with the (CAPDD) Central Arkansas Planning and Development District. Alderman Stroud moved, seconded by Alderman Howard to read Resolution 609 (#2-2008) MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 610. Alderman Ray moved, seconded by Alderman Sansing to approve Resolution 610 in its entirety. MOTION CARRIED. e. ORDINANCE 1334 (#1-2008) AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK OF THE CITY OF JACKSONVILLE, ARKANSAS, TO EXECUTE ALL APPROPRIATE DOCUMENTS REQUIRED ON BEHALF OF THE JACKSONVILLE WASTEWATER UTILITY’S EFFORTS TO OBTAIN AN EXTENSION OF INTERIM FINANCING FOR EXTENSIVE COLLECTION SYSTEM REHABILITATION; AND, FOR OTHER PURPOSES. Mayor Swaim explained that Ordinance 1334 provides for the Wastewater Department to renew a previous loan. Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1334 be placed on FIRST READING. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1334 be APPROVED on FIRST READING. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1332 on SECOND READING. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334. Alderman Ray moved, seconded by Alderman Sansing to further suspend the rules and place Ordinance 1334 on THIRD and FINAL READING. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1334. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1334 be APPROVED AND ADOPTED. ROLL CALL: Alderman Smith, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. st ORDINANCE APPROVED, ADOPTED AND NUMBER 1334 THIS 21 DAY OF FEBRUARY 2008. f. Discussion regarding expansion of Two Pines Landfill Mr. Joey Price presented the City Council with informational packets, saying that his presentation is in opposition of the Two Pines Landfill expansion location. He read a letter presented to ADEQ prior to the th February 19 final draft deadline, outlining Jacksonville and North Little Rock citizen concerns regarding the proposed location of the expansion. He stated that the permit application proposes to increase the area of the Landfill 239.5 acres, which would extend to the north side of I-440 and Hwy. 167. He related that it would extend to within a half mile of the Bayou Meto tributary, also being within the wetland and the 100-year floodplain. He stated that the draft permit suggest that there is over 100 people of a two mile area that is in the affected area, adding that he believes that number would easy be 500 people. He noted that the travel distance from the Jacksonville Community Center to the expansion area is 1.5 miles. He related that a two-mile radius would include much of Jacksonville as well as Indian Head Lake Estates, Rixie, McAlmont, and other eastern parts of the City. He stated that Bayou Meto and the 100-year floodplain would flood into the Landfill, saying that the water will then backup into Dupree Park and other areas in the floodplain. He noted that a map of the expansion area was included in the packet, saying that of the proposed 240 acres the Landfill will activate 50 acres at a time. He stated that the Landfill would extend much closer to the freeway, explaining that currently there is a wooded buffer area to address visibility. He then added that the proposed expansion area would have greater visibility with the flat land having 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. much less trees. He stated that as a 24-year project there would be 34 million cubic tons of waste in the Landfill. He noted that past President Lyndon B. Johnson had enacted the Federal Highway Beautification Act of 1965, which is also included in the packet. He stated that subchapter 4 addresses the control of junkyards, which includes landfills. He stated that the draft permit did not address the beautification of interstate highways, adding that whatever route the North Belt Freeway takes traveling east into Jacksonville the Landfill expansion will be highly visible. He reviewed traffic counts from 2006 noting the increase in traffic annually and the federal definition of a “junkyard”, saying that the term shall also include garbage dumps and sanitary fills. “Any person contemplating or planning the establishment of a junkyard is charged with notice of the provisions of this subchapter with respect to screening, relocation, removal, or disposal of such junkyards.” He continued reading, “the General Assembly finds and declares that junkyards and automobile graveyards which do not conform to the requirements of this subchapter are public nuisances.” He then noted under the screening requirement that junkyards are to have a one thousand foot setback (1,000’) from the nearest edge of the right-of-way of any interstate or state highway unless they are screened by natural objects, plantings, fences, or other appropriate means so as not to be visible from any main traveled way or highway, or shall be removed from sight”. He stated that it was discussed in the minutes of the Arkansas State Highway Department that the zoning affects the setback and the Highway Beautification Act of 1965. He stated that he wanted an opportunity to let City Council know that he and many other citizens oppose the location of the expansion and have delivered a letter of opposition to the ADEQ on th February 18 prior to the cutoff for the draft permit. He explained that this would allow them to appeal the decision. Discussion ensued regarding the comment period and the visibility factor for Jacksonville. In response to a question posed by Alderman Stroud, Mr. David Conrade, a representative of Waste Management, answered that the Landfill Methane gas plant at the Two Pines Landfill generates enough power for 4,000 homes for the North Little Rock power utility, adding that the plant went on line approximately 15 months ago. Alderman Ray questioned where the waste would go if the expansion were disqualified, noting that there has to be a place, and if the expansion is the only option, it has to be permitted. Alderman Sansing stated that any unsightliness of the expansion would be contrary regarding efforts to beautify Jacksonville. Mr. Conrade then answered that they would research any ramifications regarding the Federal Highway Beautification Act. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. Mr. Conrade then offered that the situation is unique in that it is already permitted on both sides of I-440. He continued that when the Highway Department built I-440 part of the Landfill property was condemned, which split the property into separate sections. He explained that there is already a permit, adding that it is being extended further north parallel to Hwy. 67. In response to a question from Alderman Fletcher, Mr. Conrade stated that currently Jacksonville, North Little Rock, Sherwood, Little Rock and in the past Searcy have utilized the Landfill. Alderman Fletcher issued concerns for how fast the Landfill is being filled and requiring further expansion. It was clarified that only commercial trash is hauled from Little Rock, noting that Little Rock has its own landfill. Alderman Fletcher requested clarification regarding flooding situations for Dupree Park. Mr. Conrade stated that the design took into account floodway issues, explaining that they worked with FEMA regarding a (CLOMR) conditional letter of map revision. He stated that a channel has been designed to accommodate all floodwaters in the floodway. He then answered that the design has taken into account the displaced water, which is channeled into the Bayou Meto. He then answered that there is a relieve channel design to offset the expansion. He stated that the CLOMR process eliminates any potential impact on flooding. Mayor Swaim suggested that representatives of Waste Management return with further information to support design standards and answer questions for the Council. Alderman Sansing reiterated beautification concerns for the City of Jacksonville and the proposed expansion location. It was the consensus for Waste Management to return and offer a presentation to the City Council. DEVIATION IN AGENDA: Mayor Swaim noted that the item was recently approved by the Planning Commission with stipulations, further noting that Acting City Engineer Whisker has resolved those stipulations with the developer. Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and place the Final Plat of Dupree Estates on the agenda. MOTION CARRIED. Acting City Engineer Whisker explained that 1.5 acres was separated from a 10-acre piece tract to build one house on Cloverdale Road. He related that the developer has agreed to bond for the sidewalk improvements. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. Alderman Howard moved, seconded by Alderman Stroud to approve the Final Plat of Dupree Estates. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim announced that the annual Senior Citizens th Fundraiser would be held February 28 at 7:00 p.m. and also the Miss rd Jacksonville Pageant would be Saturday, February 23 . Alderman Fletcher conveyed Code Enforcement concerns saying that it had been suggested to him that the City hire older retirees in the community on a part-time basis to help with enforcement. He stated that he felt this would not be an overwhelming expense to the City and that it would yield great improvements within six months to a year. Mayor Swaim acknowledged that all efforts are of value, adding that anyone hired would need to attend formal training. He then offered that legal ramifications would need to be taken into consideration prior to any formal action. He reminded the City Council of the time and process involved with enforcing Code ordinances. He then related that the budget could be reviewed in consideration of hiring, explaining that the determining factor would be the current national slowing of the housing industry. He noted that it is possible current staff will have more available time. Discussion ensued that Jacksonville’s housing numbers are remaining steady. Alderman Fletcher stated that he felt this could be a benefit to the City and Alderman Stroud concurred, saying that other cities have similar programs with individuals not acting so much as Code Enforcement Officers but more in the discovery phase. Alderman Smith stated his support of the program. Alderman Howard related that he would like to see more efforts regarding landfill items that remain on the street for as long as a month before pickup time. Mayor Swaim noted that additional pickups would increase the sanitation bill, saying that Public Works Director Jim Oakley manages the Department austerely. He stated that while it is important to identify areas that need help, it is also noteworthy that there are many areas in Jacksonville that have seen many improvements and continues. He stated that words should be measured carefully when speaking of areas that need improvement, noting that there are areas of Jacksonville that are as good or better than many other cities. He stated that all cities have areas that need to be worked on a regular basis to keep clean. Alderman Fletcher stated that the individual he spoke with had stated that he already complained to the City and nothing had been accomplished. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 21, 2008 7:00 P.M. – 7:56 P.M. He continued saying that this was one of the top listed items in the recent planning meeting and it has become an issue for the citizens. He stated that part of this, he feels, is the issue with aged housing, adding that there are going to be hard decisions that have to be made. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:56 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 9