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09 APR 02 minutes CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 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 2, 2009 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, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Twitty was absent. Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Beverly Elliott, Mr. Jody Urqhart, 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 March 19, 2009 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 5 March 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. FUNDING for an additional CATA bus Mayor Swaim related that the CATA Director had contacted him regarding consideration for an additional bus, noting over crowding on the regular bus. He explained that the CATA bus that comes to Jacksonville is funded by Sherwood, Jacksonville, and Pulaski County. He related that CATA received a grant to fund half the cost to run an additional bus from Jacksonville to Little Rock. He stated that the cost is $7,000.00 annually or $583.33 monthly for Jacksonville’s share. He further explained that the grant would be funded for three years. It was determined that there is a significant demand for an earlier morning bus. 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. He stated that according to CATA, twenty-two of the thirty-nine passengers were residents from Jacksonville. He related that presently the City pays $32,484.00 for two buses; with the additional bus, Jacksonville’s share would be $39,484.00 annually. He noted that when the grant expires, each entity has the option to discontinue service. Alderman Ray stated his support of adding an earlier additional bus, saying that it is a good option for Jacksonville residents. Alderman Elliott concurred, noting considerations for energy conservation. Alderman Fletcher moved, seconded by Alderman Smith to approve funding of $583.33 monthly for an additional CATA bus with funds to be drawn from the General Fund. MOTION CARRIED. b. Letter reaffirming support for a separate school district Mayor Swaim stated that he is asking the City Council to authorize him to write a letter reaffirming support for a separate school district. He informed the City Council that today the long awaited ruling from the Eighth Circuit Court was issued that upheld Judge Wilson’s ruling, which means Jacksonville is one step closer to having its own school district. He noted that a School Board meeting is coming up soon and he had been approached to write a letter reaffirming support for a separate school district and reaffirming the Jacksonville Education Foundation representative’s appointment. He explained that the Jacksonville Education Foundation was formed a number of years ago as a support entity for the school system. He related that the Education Foundation has funded the hiring of an attorney, through donations, to handle negotiations regarding the City having a separate school district. He noted that the attorney is with the firm of Wright, Lindsey, and Jennings. He stated that there is a concern that the School Board is considering changing their opinion on whether the City of Jacksonville can have its own school district. He stated that the letter would reaffirm that the City Council, representing the City of Jacksonville, has not changed positions and wishes negotiations to begin in earnest, particularly since the Eighth Circuit Court ruling offers the opportunity to move forward. Alderman Smith moved, seconded by Alderman McCleary to authorize a letter from Mayor Swaim reaffirming support by the City of Jacksonville for a separate school district. Alderman Fletcher noted the likelihood of it taking years to bring to fruition, questioning the possibility of forming an improvement district to work with the School Board to use the time in the interim to present to the voters of Jacksonville the question of building new schools and leasing them to the district in the meantime. He stated that at least progress could be made toward having buildings constructed. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. Mayor Swaim stated that those avenues have been considered regarding public funds and partnerships, noting that some of those options are legal and some are not. City Attorney Bamburg stated that regarding legalities, it would depend on precisely what the City Council proposes and how far citizens are willing to authorize funds to be spent. He then explained that the law is very limited regarding what city dollars can be spent for in the nature of educational purposes. He stated that there are specific statutes that address this depending on what the City Council would want to do. He stated that without further specifics it would be hard to offer specific advisement. Discussion further ensued regarding efforts through the World Class Educational Organization, and Mayor Swaim related that even with donations there are not enough funds available to hire an additional attorney to address such an issue. He noted that additional funds still need to be raised to pay the attorney that was already hired. He added that he would encourage citizens who want their own school district to support the Education Foundation. He stated that there has always been debate regarding how much cities can do, explaining that the Constitution states that a city cannot spend General Fund monies for school operations. He stated that there have been examples in both ways, citing the Fayetteville lawsuit where the citizens voted to build some facilities and share the cost with the Fayetteville School District, which was challenged and lost, costing two million dollars in attorney fees. He then cited a case in Bald Knob where there was no challenge, relating that Bald Knob had voted a one-cent sales tax. He stated that the Federal case has been the standard for most cities. Alderman Fletcher stated that it would have to be worked with the County because we would still be working under them in order to have a separate millage or bond issue. Mayor Swaim stated that there are a few agencies that have tried to do that in the past. He then cited a circumstance where the Education Foundation raised a quarter of a million dollars and then discussed with the District about giving funds directly to the school, but were told that if they give money to the Pulaski County School District it would go into the General Fund, and is not designated for Jacksonville. Alderman Ray mentioned efforts to ensure that our School Board representative receives a fair share of the stimulus package, so there could be some remodeling in the Jacksonville schools. Mayor Swaim stated that he supports any efforts for Jacksonville to have its own school district. He encouraged involvement in the Jacksonville Education Foundation to support those efforts, noting that Mrs. Pat Bond is the Chairman. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. Alderman Smith stated that it is his understanding that Judge Wilson would still oversee the case. Mr. Mike Wilson stated that the percentage of tax collected for the Pulaski County School District is not fairly distributed to Jacksonville. At this time, MOTION CARRIED. c. ORDINANCE 1366 (#9-09) AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN LANDS TO THE CITY OF JACKSONVILLE, ARKANSAS (COMMONLY REFERRED TO AS THE EMMANUEL BIBLE FELLOWSHIP CHURCH PROPERTY); AND, FOR OTHER PURPOSES. Mayor Swaim related that the property is located on General Samuels near the intersection of Hwy. 107. Alderman Elliott moved, seconded by Alderman Howard to place Ordinance 1366 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1366. Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1366 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1366 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1366. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1366 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1366. Alderman Elliott moved, seconded by Alderman McCleary that Ordinance 1366 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. nd ORDINANCE APPROVED, ADOPTED AND NUMBER 1366 THIS 2 DAY OF APRIL 2009. d. ORDINANCE 1367 (#10-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 15.20 PROVIDING PROVISION TO PREVENT STORMWATER POLLUTION WITHIN AND TO THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. City Planner McCulley stated that the stormwater ordinance is a requirement from ADEQ for cities of our size, adding that Jacksonville’s ordinance was written to be in line with the ordinances passed by surrounding cities. He related that the ordinance provides that developers would be mandated to keep runoff off adjacent properties and out of the streams and ditches. He stated that the ordinance would require a stormwater prevention plan for development. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1367 on FIRST READING. In response to a question posed by Alderman Sansing, City Planner McCulley stated that the provisions are not unfamiliar to developers, explaining that many developers already meet those requirements. He then offered that it was opened for developer input. Mayor Swaim noted that this Ordinance is part of the Federal Clean Water Act, which started years ago and has progressively taken in cities based on population. He then noted that for developments that would have an extensive amount of pavement, the developer would have to mitigate the water runoff, most commonly with a retention area. City Planner McCulley clarified that the Ordinance states that no development can have runoff leaving the property any faster or at a greater rate than before the development occurred. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1367. Alderman Smith moved, seconded by Alderman McCleary to APPROVE Ordinance 1367 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1367 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1367. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1367 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1367. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. Alderman Elliott moved, seconded by Alderman Stroud that Ordinance 1367 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard voted AYE. NAY (0). MOTION CARRIED. nd ORDINANCE APPROVED, ADOPTED AND NUMBER 1367 THIS 2 DAY OF APRIL 2009. APPOINTMENT(S): ADDITION TO AGENDA: JACKSONVILLE HOUSING AUTHORITY REAPPOINTMENT Alderman Ray moved, seconded by Alderman Smith to suspend the rules and place the item of business for the Jacksonville Housing authority on the agenda. MOTION CARRIED. Alderman Smith moved, seconded by Alderman McCleary to approve the reappointment of Marilyn Canon for a term to expire 3/17/2014. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim announced that the City Council would host two public hearings regarding a water rate increase and the vacating of a public alley during the next regularly scheduled City Council meeting of April 16, 2009 CDBG Director Theresa Watson announced that CDBG is hosting the project “Let’s Beautify Sunnyside”, that will be held next Saturday April 11, 2009 beginning 7:30 a.m. at Galloway Park. She informed the City Council that the project would begin with a cleanup of the Park and replanting of the flowerbeds. She then related that beginning at 9:00 a.m. free Azalea bushes and flats of flowers would be free to the residents of Sunnyside to beautify their own yards. She stated that residents not able to th attend the April 11 event could pick up free flowers at her office up st until April 21. She encouraged the City Council members to attend, adding that volunteers are available for elderly residents that may need help with planting. Mayor Swaim announced the Annual Jacksonville Cleanup Day on April 25, 2009, encouraging volunteers to meet at the Chamber of Commerce at 9:00 a.m. He then announced that the Parks and Recreation Department is hosting an Easter Egg Hunt at Excell Park April 4, 2009, starting at 10:00 a.m. for ages walking through 11 years. Parks and Recreation Department is also hosting an Underwater Easter Egg Hunt at the Community Center Pool April 5, 2009 starting at 2:00 p.m., which is a fundraiser for the Jacksonville Boys and Girls Club. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 2, 2009 7:00 P.M. – 7:42 P.M. Parks and Recreation Director George Biggs related that this would be the first year to host the event, noting that the $5.00 entry fee would be donated to the Jacksonville Boys and Girls Club. Mayor Swaim announced that another fundraiser for the Jacksonville Boys th and Girls Club is a car show that is being held April 11 from 9:00 to 2:00 at Goodsell’s Truck Accessory at the end of Municipal Drive. He then announced that the Parks and Recreation Pitch, Hit and Run will be held at Dupree Park April 11, 2009, starting at 10:00 a.m. Mr. Jody Urqhart announced that the Boys and Girls Club is still in need of donations for prizes. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:42 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7