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09 APR 16.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 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 16, 2009 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: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. Alderman McCleary arrived at approximately 7:06 p.m. PRESENT NINE (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Deputy City Clerk Lynette Culpepper, Director of Administration Jay Whisker, Fire Chief John Vanderhoof, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Public Works Director Jim Oakley, Human Resource Director Jill Ross, City Planner Chip McCulley, CDBG Director Theresa Watson, Parks and Recreation Programs & Athletic Manager Kristen Griggs, Aquatics Manager Diane Novotny, Water Superintendent Mike Simpson, Water Business Office Administrator Michelle Clark, Mr. Ben Rice, Mr. Jim Peacock, Mr. Larry Wilson, Mr. Jack Danielson, Mrs. Judy Swaim, 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 April 2, 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 19 March 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for March 2009. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 19 Building Inspections 37 Business License 20 Electrical 38 Plumbing 47 HVACR 28 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 50 Notice of Noncompliance 12 Property Mowed 4 Towed 2 Trash Letters 58 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 27 Property Maint. Letters 5 Structural repairs made 0 Cost $1,772.39 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. CITATIONS WARRANTS Debris & open storage 1 Arrest 4 Property maintenance 2 Search 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for March 2009. Said report reflects: ADOPTION/FINES: $3,525.00 CONTRIBUTIONS: $ 172.50 TOTAL: $3,697.50 REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for March 2009 from the Jacksonville Fire Department, which reflects a fire loss of $23,000 and a savings total of $180,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for March 2009 regarding 2009/2008 yearly crime statistical comparisons. ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: PUBLIC HEARING regarding ORDINANCE 1368 (#11-09) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE § 13.16 INCREASING WATER USAGE RATES; CREATING JACKSONVILLE MUNICIPAL CODE § 13.16.016 (PASS-THROUGH CHARGES) AUTHORIZING THE JACKSONVILLE WATER DEPARTMENT TO AUTOMATICALLY ASSESS ANY PASS-THROUGH CHARGES RECEIVED BY THE DEPARTMENT FROM CENTRAL ARKANSAS WATER AND/OR OTHER AUTHORIZED WATER SUPPLIER(S) TO ITS CUSTOMERS; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 7:03 p.m. Water Department Superintendent Mike Simpson stated that last year Garver Engineering was directed to perform a Water Master Plan update as a requirement of the Arkansas State Health Department for proper operation of a public water supply and the Arkansas Natural Resources Commission for inclusion in the Arkansas Water Plan. He related that following the completion of the 2008 Master Plan update, the Water Commission directed that a water rate study be performed to determine if the current rate structure could fund water systems maintenance at current levels and future capital projects outlined in the Master Plan needed for future water resources. He related that Kirby Roland, Vice President and Water Team Leader of Garver Engineers, would present a brief synopsis from the 2008 Water Master Plan update regarding necessary capital projects to provide a sustainable reliable water supply for the next 40 years. He then related that the update also identifies infrastructure improvements needed for the expansion of the current distribution system. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. He stated that Shawn Koorn, senior financial analyst with HDR Engineering, would offer the second presentation regarding the 2009 water rate study. He related that Mr. Koorn performed the last water rate study following completion of the 2003 Water Master Plan update, and is very familiar with our financial requirements. He related that an overview of the presentation would include review of the 2008 Master Plan update, process of setting cost-based rates, results of revenue requirements, cost of service, rate design, as well as a review of the recommendations from the study and approval of study recommendations by ordinance. Mr. Kirby Roland described efforts to consider future needs of the Jacksonville Water System. He related that the Arkansas Health Department recommends municipalities perform a Master Plan every five years. He stated that the 2008 is an update of the 2003 Master Plan update, which extends considerations through 2020. He stated that the 2003 update recommended that future water come from Central Arkansas Water, which was approved by the Jacksonville Water Commission and has been instituted. He added that the 2008 update picks up that recommendation and offers considerations through 2050. He stated that the future peak water demand is estimated to be 12 million gallons per day. He related that since completion of the 2003 update, the Mid- Arkansas Water Alliance was formed, an organization with 27 members from Central Arkansas, formed for the singular purpose of obtaining water allocation from Greers Ferry Lake and Lake Quachita. He related that those two lakes were built for flood control and power generation, adding that Congress allowed the Corp. of Engineers to allocate a 50 thousand acre feed from each lake for public water supply. He related that an environmental assessment was performed and Mid-Arkansas Water Alliance was the organization that became the sponsor. He then explained that the Corp. decided that they would allow 15 million gallons a day from Greers Ferry and 20 million gallons a day from Lake Quachita. He stated that Jacksonville would get 1.24 million gallons from Greers Ferry and 1.2 million from Lake Quachita, adding that approval for Greers Ferry is expected this summer and approval for Lake Quachita is two to three years away. He stated that it is important to note that those water allocations will belong to Jacksonville forever. He stated that while it is not a lot of water comparably, as we go into the future it becomes more important. He noted that in 30 or 40 years, Jacksonville could go back to obtain more allocation. He noted another matter of importance is the Lonoke White Public Authority, explaining that it is somewhat of an out growth of the Community Two Water System that never came to fruition. He related that they are inline to receive some of the stimulus monies, which will provide the pipeline from Greers Ferry to Jacksonville city limits. He related that Jacksonville will probably get water from Lake Quachita through Central Arkansas Water and the Greers Ferry allocation will come through Lonoke White Public Authority of which Jacksonville is a member. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. He noted that this is important for Jacksonville because the aquifer levels in the wells are decreasing at a rapid rate. He stated that Jacksonville has twelve wells and only nine of those wells are usable, adding that well number eight is projected to go out this year. He related that this has been Jacksonville’s primary water supply for a long time, noting that when the aquifer levels drop to a certain level the well is unusable. He stated that even though there has been a realm of studies performed regarding the Arkansas River and Bull Creek, the most cost effective source would be Central Arkansas Water. He related that Central Arkansas Water is currently updating their Plan, which should be completed by September 2009. He surmised that a future water source for Central Arkansas Water would be Lake DeGray. He reviewed graphics showing the amount of drop in aquifer levels during the period of 1998 to 2002, noting drops up to 25 feet. He cited this as a regional problem, noting that a newspaper article said that the Grand Prairie District in eastern Arkansas may go dry by 2012. He stated that at the current rate of declination, it is projected that Jacksonville’s wells might go dry in ten years or less. He stated that all efforts are to ensure that Jacksonville has a future water source. He explained that entities north of the river, North Pulaski, Cabot, Jacksonville, and Central Arkansas Water formed the North Belt Partners to fund and construct the mechanism needed to get water from Central Arkansas Water to these entities. He related that all infrastructure south of the river has been constructed and paid for, adding that the river crossing is currently in construction and the F1 and F2 transmission lines are in design. He noted that the transmission area goes through Camp Robinson as a shorter routing that is saving Jacksonville 1.6 million dollars. He related that section G going into Jacksonville will be in design soon, adding that the line leading to Cabot will be paid for by the City of Cabot entirely by themselves. He stated that the North Belt Transmission lines are expected to be completed by 2011. He added that the bulk costs would occur in the next three years, noting that Jacksonville's share is 35%, Cabot is 35%, North Pulaski and Central Arkansas Water have the remaining amount. He then informed the City Council that while this would get water to the city limits, infrastructure would be necessary to carry the water to the system’s tanks. He noted projects in design that have been submitted to the Arkansas Natural Resources Commission and to the Water/Wastewater Advisory Committee to be approved for low-interest funding. He stated that this is the recommendation to provide water for Jacksonville long into the future, noting that future generations will not have to pay for this because it is being paid for now. He stated that it is being paid for as it is being built, so the only future cost is the cost of water treatment and delivery. He reviewed a list of completed and proposed projects and their costs to date. He noted the cost shared projects in 2009 to 2011 as being the North Pulaski 12” service line and the 3.0 MG West Area Tank. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. He related that projects listed for 2012 and beyond will depend on how the system grows and how the water usage goes, noting they could be postponed longer. In response to a comment from Mayor Swaim, Mr. Roland related that the West Tank and Linework project is the 3 million gallon elevated tank that will not only serve the LRAFB but will serve the western area of Jacksonville. He explained that the Jackson Heights and Base Meadows areas are on a different pressure plain, clarifying that the water needed to serve that area is higher than other areas of town. He stated that the water comes directly from Central Arkansas Water, adding that the tank would also provide for fire flow storage and peak hour usage. He explained that this tank would replace the 5 million gallon ground storage tank that was built in 1940, adding that the tank has probably gone past its life of reliability. He noted efforts to keep the tank in storage until the other tank can be built. He related that the South Source Linework project is a 24” waterline that will come from the Kiehl Avenue area, cross the Interstate at Brushy Island and will connect, following a powerline that is north of the new Waste Management Solid Waste Landfill and come into the Jacksonville system by connecting onto the Ray Road tank in Excell Park. He then explained that the Hidden Oaks Tank project is a 1 million gallon elevated tank proposed for future construction. He related that the North/South Source Linework project is south of the Airbase. He stated that it is a line project that goes from the proposed 5 million gallon tank to the Marshall Road tank; it allows water to get to that side of the system. He added that it would also go up the 16” line that runs up Hwy. 67/167. He stated that these would be the major projects included in the cost estimates. Mr. Shawn Koorn reviewed the 2009 Water Rate Study. He began by explaining the rate setting process by comparing the utilities’ revenues to its expenses, including O&M and Capital Projects to determine a funding plan to minimize rates in the long-term, while expediently funding construction projects. He noted that this system is proposed to go on line by 2011/2012. He stated that once project costs for the waterworks are estimated, the costs are allocated to the different customers that are on the system. He stated that each type of customer, residential, commercial, or bulk wholesale; uses water in a different manner or pattern. He related that a cost of service study takes into consideration the facilities that are in place and how the customer uses those facilities. He stated that it takes an equitable proportion of the O&M and Capital costs and allocates it to each of the different types of customers. This will determine if rates need to be adjusted 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. regarding the different classifications. He stated that it looks at what classification is paying the greater share of the system cost. He related that once overall adjustment to rates is determined and the relationship between the different customer classifications, then rates can be developed in a fair and equitable manner for all customers. He stated that the first step is to look at the revenue requirements, explaining that while they looked at 2009 to 2015 they narrowed the focus to the next four-year period ending in 2012. He related that using the 2008 budget as a starting point, they developed escalation factors for the next five-years. He noted 38.8 million dollars in projects over four-years, up to 2012; adding that it is assumed bond financing will be done to fund those projects. He explained that the new Central Arkansas Water rates have been included in the analysis, adding that up to this point the Water Department has not raised rates regarding current cost passed on from Central Arkansas Water. He related that water is an issue that faces the Nation, explaining that many entities regionalize to secure future water supplies. He stated that is it prudent to have independent sources. He offered future water costs regarding Central Arkansas Water and Lonoke White, while noting that Lonoke White will not come online until 2012, which is why the study focus was up to 2012. He related the Water utility is using reserves to pay for the 2009 portion of the Capital Improvement Plan, explaining that following this year they do not have the funds to pay for the remaining 33 million dollars in projects still on the table. He stated that municipal revenue bonds have been assumed as part of the financing, adding that Water Department staff are currently working on securing State funding and stimulus monies to help buy down the rate increase. He then reviewed the summary of revenue requirements versus O&M and Capital Improvement projects, noting for 2009 total funds of 6.2 million, total expenses of 6.6 million leaving a deficiency of 7.7%. He related that a rate increase of 13% is being proposed for years 2009 through 2011 and an 8% raise in 2012, explaining that the cumulative raise would be 55% by 2012. He reviewed an average monthly water bill estimated at $25.12, saying that the increase would result in a $39.15 bill by 2012. He noted that it would roughly be a $3.00 to $4.00 rate increase monthly each year, totaling approximately $14.00 monthly by 2012. He stated that rate adjustments are needed to adequately provide water services for its customers, noting that the biggest driver is the Capital program, with funding through debt services. He stated that it is their recommendation to adopt the four-year transition plan. He explained that the 6.6 million deficient is equitably allocated back to the different customer classes of service. He stated that the cost of services study has lead them to propose a first year rate increase of 13% across the board to the various classification of customers. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. He then reviewed the current rate structure noting that there is a monthly customer charge and a consumption charge that is a declining block, explaining that the more water used by a customer the less it costs. He noted debate as to whether this is the correct message given the cost of water going into the future. He explained issues with the Wastewater portion of the bill given that the water is billed bulk. He stated that the staff is working on adopting conservation-based rates going forward to change that rate structure. He stated that the current recommendation is to carry forward with updating the existing rate structure until a conservative based rate structure can be adopted. He then reviewed inside/outside the City proposed rates excluding the new pass-through watershed protection fee from Central Arkansas Water. He related that it would be in addition to the proposed rates because it is on a per meter basis that would be turned on and off depending on the level of revenue collected by Central Arkansas Water. He stated that the charge for residential inside city and commercial would be $4.90 increasing to $6.40 following the first 2,000 gallons used and then decreasing to $3.70 for over 50,000 in water use. He then offered a bar- graph rate comparison with other surrounding cities based on a 6,000- gallon monthly usage, saying that Jacksonville is slightly to the right of the middle of the bar-graph. He then reviewed the Central Arkansas Watershed Protection fees, noting that a typical residential meter of 5/8” or ¾” meter the charge would be $0.45. He recommended adjusting the current rate structure to reflect the transition plan once billing and administrative issues are resolved with Wastewater, moving more toward a conservation-based rate. He recommended moving away from a rate declining structure, noting that once that happens there would have to be a new rate structure for the different classifications of water users. He related that he is working with staff to develop future “wholesale on demand” rates, explaining that while this is a consideration for the future it needs to be identified now. In conclusion, he reiterated the recommendations to adopt the rate transition plan with no cost of service adjustments at this time, propose implementing an across the board increase over the next four-year period and maintain the current rate structure. Alderman Smith noted that while a rate increase during hard economical times is difficult, water is the greatest asset going into the future for the City. He further noted the importance to have future secondary sources, offering consideration to the fact that the well would probably be unusable in 10 years. He issued his support to adopt the transition plan as recommended. Alderman Sansing stated that while he would not dispute facts regarding the water system, he voiced concerns for a “wish list” that could be trimmed so as to lessen the impact to water customers. He noted that 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. according to the bar-graph, after the increase there would only be one other area paying a greater monthly rate than Jacksonville. He stated that while it may only be a few dollars more monthly, hard economic times magnifies the impact for the customer who has lost his job or is living on a fixed income. He questioned if other engineering firms have been consulted regarding a possible trimming of costs, adding that the plan needs to be “tweaked” to decrease customer costs. In response to a question posed by Alderman McCleary, Mr. Koorn stated that any monies received from grants or stimulus would save the customer in cost. He then noted that bond financing is proposed to be at 5.5% over 20 years. In response to a question posed by Alderman Smith, Mr. Koorn informed the City Council that other cities such as Cabot would be increasing their water rates because of infrastructure projects. In response to a question posed by Alderman Fletcher, Mr. Simpson responded that the wells peak at 8 million gallons daily, adding that on an average day they pull 2 to 3 million gallons. Discussion ensued regarding the ten million dollar bond funding limit for municipalities, City Attorney Bamburg clarified that stimulus consideration would allow above that for a limited period of time. Mayor Swaim pointed out that if the revolving loan fund with a lesser rate were used then it would not affect the bond coverage. At approximately 7:53, Mayor Swaim offered the floor for public comment. Mr. Mike Wilson, owner of rental property, voiced issues as to when conservation and recycling water becomes cost effective regarding funding infrastructure. Mr. Roland responded saying that recycling of water occurs more on the wastewater than the water side. He noted conservation efforts regarding new construction, citing government buildings using waterless urinals, and other opportunities to capture water for landscaping. He stated that these efforts are not as broad as they should be, but these conservation measures are on the rise. He stated that it has been his experience that plants that recycle water use it to water golf courses and for agricultural purposes. He added that it cannot be used for drinking water without major treatment. He stated that from the water side of conservation, mostly reduction of use is the main theme. Mayor Swaim questioned if they had considered consumption reduction in any other rate studies. 8 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. Mr. Roland stated that typically what he has observed is that cities will pass ordinances that require the use of certain low flow fixtures in bathrooms, adding that mostly it is voluntary not mandatory. He commented that it is more prevalent in the western portion of the United States, noting that it is not seen here because there is an abundance of water in Arkansas. Mr. Wilson reiterated his concerns for water conservation measures, saying that Jacksonville could use this opportunity to lead that approach. Alderman Sansing noted one positive comment he heard from the public was that there was possibly going to be an adjustment regarding the rate structure to reflect the more used the more paid. He added that this structure would promote conservation. Water Department Superintendent Mike Simpson related that the idea has only been delayed, because any effort to restructure the rate is pending issues with Wastewater. He clarified that in the next rate study, the Commission is committed to the idea of reducing rates for low consumption users. Mr. Resell Aaron voiced concerns that decisions are being made today that would affect situations five and ten years from now based on projections. He questioned if the rate and timing of the increase needs to be so close together, once again, based on “what ifs”. Mr. Tom Audrey questioned the time involved with the wells having become unusable and the time left for the remainder of wells, saying that the time factor would be a big barring on when this really needs to happen. He questioned if this plan has to be acted on now or could there be a longer period. He issued concerns for the economy saying that it is a bad time to raise rates. He acknowledged that it would not be good to wait until the situation becomes a crisis. Water Department Superintendent Mike Simpson answered that the wells are monitored daily and they are constantly aware of current levels. He stated that over time that information is given to Garver Engineering to determine the drawdown of each well. He explained that the recovery rate is very slow in the wells, estimating that the wells will deplete in ten years time. He stated that this water is Jacksonville’s most economical supply so it is the preferable water supply. Mayor Swaim questioned if the aquifer Jacksonville pumps is the same aquifer that runs under Lonoke and Prairie Counties towards the Mississippi River. 9 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. Water Department Superintendent Mike Simpson deferred that question to Mr. Kirby, saying that he is aware that our aquifer is in the area where Cabot and Grand Prairie Water are currently drawing water. Mr. Kirby related that the Military Road and Remington well fields pull from the Alluvial aquifer, explaining that the Sparta aquifer is the main one out east. He added that the Sparta aquifer has serious derogation. In response to a question posed by Alderman Fletcher and Mayor Swaim, Water Department Superintendent Mike Simpson stated that all the wells vary but the drop has been from 6” to 3’ annually. Alderman Ray noted that the Remington fields are monitored daily and the wells have fallen 4’ since 2000. Mr. Jody Urqhart stated that one term not mentioned that the City Council might be interested in because of inquiry regarding the Sparta aquifer across Prairie County, Jefferson County, and Lonoke County is the “cones of depression” throughout the area. He explained that the “cones of depression” draws on our levels as more and more water is drawn out. He stated this has been an issue for agriculture and industry in the State for the past eleven years plus. He noted that the Alluvial aquifer is farther below the Sparta and even harder water to access. Without further comment, Mayor Swaim closed the public hearing at approximately 8:13 p.m. Alderman Ray moved, seconded by Alderman Howard to place Ordinance 1368 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1368. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1368 on FIRST READING. Alderman Sansing stated that he believes the Water Commission could review the proposal to cut expenses and bring back a rate increase that would lessen the impact on the citizens. He added that he believes some of the projects could be postponed or modified, stating that this is a bad time economically to push forth this sort of rate increase without further study or engineering to determine any cost saving measures. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1368 on SECOND READING. ROLL CALL: 10 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1368. Alderman Ray moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1368 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1368. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1368 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, inker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. Alderman Ray moved, seconded by Alderman Howard to APPROVE AND ATTACH the EMERGENCY CLAUSE to Ordinance 1368. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. Alderman Sansing voted NAY. MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1368 THIS 16 DAY OF APRIL 2009. WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. PUBLIC HEARING regarding ORDINANCE 1369 (#12-09) AN ORDINANCE VACATING AND CLOSING A PORTION OF AN ALLEY ALONG LOTS 1, 2, & 3, BLOCK 4, OF THE HARPOLE ADDITION, JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PORTION OF AN ALLEY OFF VINE STREET IN THE HARPOLE ADDITION, JACKSONVILLE); AND, FOR OTHER PURPOSES. Mayor Swaim opened the public hearing at approximately 8:15 p.m. City Planner McCulley related that the alley is located between Vine and North First Streets, identifying it as a 20’ X 140’ alley that is no longer in use. He stated that closing the alley would not affect any utilities or area drainage. Alderman Ray moved, seconded by Alderman Smith to place Ordinance 1369 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1369. 11 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. Alderman Ray moved, seconded by Alderman Smith to APPROVE Ordinance 1369 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1369 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1369. Alderman Ray moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1369 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1369. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1369 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1369 THIS 16 DAY OF APRIL 2009. b. Introduction of the Litter Control Program Public Works Director Jim Oakley informed the City Council regarding efforts to cleanup the roadways in Jacksonville, the City implemented a full-time litter crew. He explained that a full-time employee was reallocated to the project, along with a seasonal employee working with the Police Department to utilize community service workers. He stated that the program started approximately one month ago and to date they have picked up 1,047 bags of trash, 60 tires, and used 850 community service man hours. He then answered that the estimated cost is approximately $2,000.00 including employee salary, vehicle, supplies, and fuel. He related that if this project had been contracted it would have cost approximately $8,500.00, saving the City approximately $6,500.00. He stated that he feels it is a worthwhile project. He thanked Mayor Swaim and the Police Department for supporting this project. c. Presentation of new Farmer’s Market Mayor Swaim related that two years ago the Legislature allocated additional funds for cities, explaining that the City of Jacksonville received $205,000.00. He related that based on good investment it has grown to $217,000.00. He added that those monies have been set aside to build a farmer’s market, and it was determined that a perfect location was here near City Hall and the Community Center. City Planner McCulley presented the redevelopment of the area south of the Community Center as a farmer’s market. He stated that with 12 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. allocated funds they feel they can not only build a 2,500 square foot pavilion but also resurface two parking lots and construct a 10’ wide, th 3/16 mile walking track. He explained that it would also provide an open space green area inside the track that could be used for a children’s play area. He offered PowerPoint sketches of the pavilion and the playground. He related that the pavilion would have the same architectural style as the Community Center, adding that because of the size it could be used for not only the farmer’s market, but also other uses. He noted that the pavilion would hold 40 standard size tables. He noted that the foundation of the old ordinance plant is proposed for use in construction of the new pavilion. He stated that Public Works Director Jim Oakley feels the ground is compacted which should save costs regarding the construction of the walking track. In response to a question posed by Alderman Howard, City Planner McCulley answered that the Parks Commission is looking to relocate the skate park, adding that there is separation between the redevelopment area and the skate park, allowing for future expansion of the farmer’s market. In response to a question posed by Alderman Howard, Mayor Swaim stated that the caboose requires a specialized paint that would also be able to have graffiti removed without harming the finish. Mayor Swaim stated that the projected time frame is not certain but it is hoped that the project will begin by fall. He went on to inform the City Council that he had discussed with Public Works Director Jim Oakley the possibility of constructing the track out of the overlay program. He noted that it was bid at the same price and currently the City has two years of overlay funds to work with. Alderman Elliott supported the vision of the farmer’s market being located centrally to City Hall and the concept of having a track dedicated to walkers, moving that activity away from the Community Center traffic, along with a playground in the center for the children of walkers. Mayor Swaim noted that past efforts to establish a farmer’s market in the shopping center were not ideal, citing difficulties with parking. He added that hopefully this would solve past issues and make for a more successful farmer’s market. It was the consensus of the City Council to move forward with the project. APPOINTMENT(S): CIVIL SERVICE COMMISSION Alderman Smith moved, seconded by Alderman Ray to approve the reappointment of Jerry Reichenbach for a term to expire 2015. MOTION CARRIED. 13 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. ANNOUNCEMENT(S): MANOR HOUSE APARTMENTS City Attorney Bamburg informed the City Council that there are still code violations involved from when the owners had control, which will be addressed in our District Court in June. He explained that the owners have filed receivership, which is an owner relinquishing foreclosure process. He stated that the foreclosure sale is set for the middle of May, adding that there has been interest shown from various parties to purchase the property and rehab. He stated that there are other considerations being explored by the City, which might be brought back to the City Council in May. Mayor Swaim questioned the City Council if it is something the City would be interested in bidding to try and cleanup the entrance to Dupree Park. He stated that the first “L” shaped building would be removed and the second building if left, could be turned over to public housing to rehab. He stated that without knowing the full costs it is difficult to know how to bid on the property. He noted that the property has been a problem for years, as well as a traffic hazard regarding vehicles exiting the Park. He noted that with Council approval they would explore the possibility of bidding the project. Alderman Fletcher supported the City moving forward to obtain the property, saying that it presents a negative community image to Park visitors. He stated that in speaking with others regarding the enormous scope of rehabilitation, it is generally not worth trying to rehab. He then noted that the property also has drainage problems. Mayor Swaim explained that because of the nature of the bidding process, it would not be prudent to have open disclosure, offering that the City has also discussed with investors the possibility of a partnership that would allow the City to purchase the “L” shaped building and have it removed. He stated that a lot of time has been spent regarding various options but there have been no formal agreements. He recognized City Attorney Bamburg and Director of Administration Jay Whisker for their various efforts to this project. It was the consensus of the City Council to authorize Mayor Swaim to move forward with negotiations to obtain the property. Mayor Swaim updated the City Council regarding ongoing efforts in Sunnyside, noting that another 14 lots were acquired, and saying that optimistically the City will gain strides to improve the area. He then noted that City Planner McCulley has prepared a condemnation list regarding 16 houses in Sunnyside, which includes houses being cited for repairs. In response to a question posed by Alderman Howard, Public Works Director Jim Oakley answered that the mowing season will begin next week. 14 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING APRIL 16, 2009 7:00 P.M. – 8:35 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 8:35 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 15