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09 FEB 19.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 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 19, 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, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). 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, Finance Director Paul Mushrush, City Planner Chip McCulley, Fire Chief John Vanderhoof, Systems Administrator Barbara Daniel, Police Chief Gary Sipes, Parks and Recreation Director George Biggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Helen Stroud, Mrs. Beverly Elliott, Mrs. Glenda Fletcher, Mrs. Edith Smith, Mr. Jack Danielson, Mr. Ben Rice, Mr. Mike Wilson, Mr. Brian Vines, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Swaim presented the minutes of the regular City Council meeting of February 5, 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 15 January 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Stroud moved, seconded by Alderman Elliott to approve the Regular Monthly Report for January 2009 from the Jacksonville Fire Department, which reflects a fire loss of $3,000 and a savings total of $72,000. REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Stroud moved, seconded by Alderman Elliott to approve the Regular Monthly Report for January 2009 regarding 2009/2008 yearly crime statistical comparisons. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. PARKS & RECREATION: Request to accept bid regarding lighting for fields 2, 3, and 4 at Dupree Park Mayor Swaim noted that while $300,000 had been budgeted for the project, the lowest bid came in at $343,894.00. He added that he offered Parks and Recreation Director George Biggs an opportunity to negotiate with the bidders. Parks and Recreation Director Biggs related that he was able to negotiate the low bidder to $298,500.00. He recommended the low bid from Centech Services. Alderman Elliott moved, seconded by Alderman Smith to accept the low bid from Centech Services in the amount of $298,500.00 with funds to be drawn from Parks and Recreation budgeted funds. Director Biggs noted that the proposal is a three-phase project, and next year Excell Park will be bid and the following year will be fields 5, 6, and 7 at Dupree Park. At this time, MOTION CARRIED. PLANNING COMMISSION: ORDINANCE 1363 (#6-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1925 WEST MAIN STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. City Planner McCulley related that the proposal is to rezone approximately 5.7 acres of the old Sutherland’s property, explaining that the development is for some type of office use and a small retail strip center. He noted that the property has adequate parking for the proposed development. He stated that the Planning Commission approved the request, noting some discussion regarding the Land Use Plan and the proposed use. Alderman Fletcher moved, seconded by Alderman Smith to place Ordinance 1363 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1363. Alderman Stroud moved, seconded by Alderman Smith to APPROVE Ordinance 1363 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1363 on SECOND READING. ROLL CALL: Aldermen Elliott, 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1363. Alderman Stroud moved, seconded by Alderman Sansing to suspend the rules and place Ordinance 1363 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1363. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1363 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED AND NUMBER 1363 THIS 19 DAY OF FEBRUARY 2009. GENERAL: a. Proposal to approve expenditure regarding property appraisal for Reed’s Bridge Alderman Stroud stated that the Reed’s Bridge Historical Society has requested funding regarding a piece of property for the Society. Mr. Jack Danielson related that he is a charter member of the Reed’s Bridge Battlefield Preservation Society, noting that they have been working for many years through a preservation plan developed by professional consultants to acquire property regarding the Battlefield located in Jacksonville. He stated that the latest property being considered by the Society is at the corner of Lakeshore and Hwy. 161. He explained that the Reed’s Bridge group had an appraisal done several years ago and the owner felt the appraisal was too low and had another appraisal performed which came in higher. He continued saying that the City Council felt the appraisal was too high. He explained that their request is that the City negotiates with the property owner to come up with an appraisal that is acceptable to both parties. Alderman Stroud cited some sense of negativity regarding issues involving the property, adding that he does not believe the City Council has ever turned down a request from the Preservation Society to purchase a piece of property. He stated that he feels most of the concern is over the price, explaining that most members of the City Council feel that the appraisal is too high. He stated that he feels the consensus from members of the City Council and Preservation Society is that the City obtain an unbiased appraisal and then determine if there is room to negotiate an offer. Alderman Stroud moved, seconded by Alderman Ray to approve City expenditure for an appraisal of the property located at Lakeshore and Hwy. 161. 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. Discussion ensued regarding the possibility of the owner not wanting another appraisal since he has his own. Alderman Stroud stated that in conversations with Mr. Dupree, he feels the negotiations are “hung up” and a new appraisal would be a starting point for further negotiations. He noted that it is inconceivable that anyone would pay $55,000.00 for one lot in the City. He then noted that the property has two structures that are unsound and would have to be demolished, which should be taken into consideration regarding negotiations. He noted that the Preservation Society has offered to perform the demolition, which would help the owner. In response to a question posed by Alderman Smith, Mayor Swaim related that bids would not be required or an appraisal. Alderman Smith then questioned if the appraisal could separate out the land from the structures. Mayor Swaim concurred that it was separated regarding the previous appraisals, noting that one appraisal was $32,000.00 and the other was $55,000.00 or $56,000.00. Alderman Twitty questioned whether it would be more prudent to find out if the owner is willing to even consider another appraisal before the City expends funds to have another appraisal performed. Mayor Swaim noted that the term “unbiased” comes into question, pointing out that supposedly both previous appraisals were unbiased. Discussion ensued regarding the viability of obtaining a third appraisal if the property owner is not interested. Mayor Swaim clarified from question, that an appraisal costs $300.00 to $500.00 and the decision to purchase would have to be brought back to the City Council. He related that the Preservation Society owns four lots on that side of the road purchased by the City and only one piece adjoins this property. He then answered that in order to obtain all the property necessary for the Battlefield the cost would be a million dollars or more. Alderman Ray called for a question to the motion. MOTION CARRIED with Aldermen McCleary and Sansing voting NAY. b. PRESENTATION Main, James, & Dupree intersection design study Mr. Brian Vines of Jacobs Engineering offered a PowerPoint presentation regarding a design study for Main, James, and Dupree intersection. He related that following data collection, they designed thirteen different intersection scenarios, which were refined down to three. He explained that the evaluation of each of the thirteen scenarios was based on delay at the intersection, adding that the Federal Highway Administration has set criteria to analyze intersections based on level of service, taking into account the delay. He explained that regarding the three refined 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. options, the first two are four-legged intersections and the third is a five-leg intersection, which is what is currently at the intersection. He offered a video of the roundabout scenario, explaining that the graphic shows why it did not make the cut. He reviewed each of the thirteen scenarios explaining the aspects that made certain scenarios more effective and practical than others not chosen. He noted that option number two of the three chosen scenarios was the option that worked best. He ran models to visually demonstrate each scenario at various levels of service. He related the volumes are forecast forward volumes for the year 2030, explaining that 2030 was the design year, offering a 20-year horizon. Streetscapes designed for the three options were presented along with cost estimates. A copy of the report is on file in the office of the City Clerk. Discussion ensued regarding the impact one of the streetscapes would have on access to Walgreens and Mr. Whisker informed the City Council that representatives from Walgreens were invited to attend the meetings, adding that he visited several times and offered drawings of the various scenarios. He noted that they would retain their entrance off Dupree Drive. Mr. Vines then answered that in both options 1 and 2, the estimate to develop the street behind the Chamber of Commerce was included along with the art sculpture. Mayor Swaim noted that the Library is designed to move traffic on and off Main Street, while the alley is supposed to be the exit from the Library. He added that this would funnel a significant amount of traffic to Dupree, which would then have to turn left, then right, and right again to get back to Main Street. In response to a comment made by Alderman Fletcher, Mr. Vines related that utility costs were not included in the estimate. He explained that for the most part they would be able to do what they needed to do without having to relocate utilities. Mayor Swaim confirmed that previously it had been determined that costs to put utilities underground on Main Street would be a million plus, further explaining that it did not take into account utilities on James Street or Dupree Drive. He related that there are not many service poles involved, noting that there are four posts necessary for the lights, which would be replaced with metal poles with arms. Mr. Vines offered that it could be added to update the costs. Discussion ensued regarding difference in costs of the three options and Mr. Vines then answered that McDonald’s future plans would match up with the proposals, which minimizes any impact. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. Mr. Jack Danielson questioned if it is anticipated that the road behind the Chamber of Commerce would need to have a traffic light. Mr. Vines answered that it was considered in the study but not found to warrant signalization at this time. He then answered that the Library traffic was not taken into consideration when making that determination, explaining that it was based on current counts. Mr. Ben Rice stated that his primary concern would be any affect this project might have on Walgreens. He noted that particular site was chosen because of existing characteristics. He stated that while representatives from Walgreens did not attend any of the meetings, if anything is implemented that harms their business, you run the risk of harming a very viable part of the downtown business community. He stated that as far as his own property is concerned, he would object to anything that would hamper access, adding that he does not like the idea of trees because it obscures view of the business. He added that he does not object to low plants. He concluded saying that he feels the biggest concern should be Walgreens. Mayor Swaim asked that City Council members review the data for future discussions. c. RESOLUTION 622 (#1-09) A RESOLUTION AUTHORIZING THE MAYOR, CITY COUNCIL MEMBERS, CITY CLERK, AND HUMAN RESOURCES DIRECTOR TO ENTER INTO AN AMENDMENT TO THE CITY’S IRC SECTION 457(b) DEFERRED COMPENSATION PLAN; AND, FOR OTHER PURPOSES. Mayor Swaim related that this is not the employees APERS retirement plan, but is the 457 plan that employees contribute to, adding that the City does contribute. Alderman Ray moved, seconded by Alderman Howard to read Resolution 622 (#1-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 622 (#1-09). Alderman Ray moved, seconded by Alderman Fletcher to approve Resolution 622 (#1-09) in its entirety. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Alderman Elliott announced that the City of Jacksonville Finance Department just received a Certificate of Achievement for Excellence in Financial Reporting awarded by the Government Finance th Officers Association. He related that this is the 11 consecutive year that the City has received this significant award. The City Council joined Alderman Elliott in commending Finance Director Paul Mushrush and his staff in this achievement. 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2009 7:00 P.M. – 7:39 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:39 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer 7