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09 JUN 04.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 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 June 4, 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, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT TEN (10), ABSENT (0). Alderman McCleary arrived at approximately 7:03 p.m. 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, City Planner Chip McCulley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Finance Director Paul Mushrush, Assistant Finance Director Cheryl Erkel, Fire Chief John Vanderhoof, CDBG Director Theresa Watson, Interim Parks and Recreation Director Kristen Griggs, Mrs. Judy Swaim, Mrs. Pat Bond, Mrs. Glenda Fletcher, Mrs. Helen Stroud, Mr. Terry Lynn Sansing, Mr. Murice Green, Mr. Tommy Bond, Mayor James Reid, Mr. Mike Wilson, 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 May 21, 2009 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Elliott moved, seconded by Alderman Ray that the minutes of the Regular City Council meeting of 7 May 2009 be APPROVED. MOTION CARRIED. Following a brief discussion regarding a scheduling conflict with the Arkansas Municipal League Spring Conference and the regularly scheduled City Council meeting of June 18th the following motion was made. Alderman Elliott moved, seconded by Alderman Ray that the regularly scheduled City Council meeting of June 18th be moved to June 24th at the regularly scheduled time. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Smith to approve the Regular Monthly Animal Control Report for May 2009. Said report reflects: ADOPTION/FINES: $2,592.00 CONTRIBUTIONS: $ 200.00 TOTAL: $2,792.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Smith to approve the Regular Monthly Report for May 2009. Said report reflects: CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 22 Building Inspections 37 Business License 8 Electrical 35 Plumbing 28 HVACR 18 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 282 Notice of Noncompliance 9 Property Mowed 17 Towed 2 Trash Letters 6 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 0 Property Maint. Letters 31 Structural repairs made 0 Cost $ 665.58 Demolitions 0 CITATIONS WARRANTS Debris & open storage 1 Arrest 0 Property maintenance 0 Search 0 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: Request to Accept Bid 2009 Asphalt Overlay Program Mayor Swaim reminded the City Council that because gas prices were significantly higher last year, the City Council opted to skip the asphalt program for 2008. He noted that the bid is double for 2009. It was noted that by waiting a year on the overlay program the City saved approximately 33% in costs, Public Works Director Jim Oakley related that asphalt is $58.00 per ton compared to approximately $100.00 per ton last year. Alderman Elliott moved, seconded by Alderman McCleary to accept the low bid from Cranford Construction in the amount of $417,592.49 with funds to be drawn from budgeted Street Funds. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1373 (#16-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: 1409 NORTH JAMES); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. City Planner Chip McCulley noted that this is a request to rezone approximately 0.86 acres from R-0 to R-1. He explained that the property would consist of four (4) lots. He informed the City Council that the sketch plat was approved and the rezoning was recommended by the Planning Commission. He then answered Mayor Swaim that the property is located directly south of the Second Baptist Church on James Street. Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1373 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 1373. Alderman Stroud moved, seconded by Alderman Ray to APPROVE Ordinance 1373 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1373 on SECOND 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 1373. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1373 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. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1373 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1373 THIS 4th DAY OF JUNE 2009. GENERAL: a. ORDINANCE 1372 (#15-09) AN ORDINANCE TO CREATE JMC §8.30 TO REGULATE THE DISPOSAL OF DRILL CUTTINGS ORIGINATING FROM DRILLING OPERATIONS THAT USE PETROLEUM BASED DRILLING FLUIDS; AND FOR OTHER PURPOSES. Mayor Swaim informed the City Council that the Solid Waste District has an item on the agenda to prohibit the bringing of drill cuttings into Pulaski County landfills. He noted that the ordinance is up for third reading. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. Alderman Fletcher moved, seconded by Alderman Stroud to suspend the rules and place Ordinance 1372 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 1372. Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1372 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1372 THIS 4th DAY OF JUNE 2009. b. UPDATE Condemnation & Maintenance Policies Report by City Planner Chip McCulley City Planner Chip McCulley explained that the projects were prioritized into four categories. He stated that priority one consisted of houses that were either condemned in 2008 or on the condemnation list for 2009. He related that priority two were heavy maintenance required properties, priority three is light maintenance that is handled by the Code Enforcement officers on a daily basis and priority four, which are those houses that are vacant and have been abandoned for some time. He reviewed maps of the Sunnyside area, pointing out that this year there are 14 properties on the condemnation list. He related that since 2004 there have been 25 properties condemned in Sunnyside at a cost to the City of $121,045.00. He demonstrated on a map the properties that were turned over to the City, the vacant and abandoned properties. He noted that some of the houses have been vacant for as long as 12 to 14 years. He noted that the second round of letters for houses condemned are set to be mailed this Monday, adding that Code Enforcement has looked at all the remaining properties to begin the process of bringing them into compliance. He stated that since the project kicked off in early spring, the Code Enforcement staff has sent hundreds of letters and has seen a 67% compliance rate. He offered the City Council photographs of properties that have been brought into compliance. He explained that while much progress has been made, Code Enforcement has not addressed the vacant properties yet. He explained that if a house is vacant or deemed abandoned for a period of 6 months it is deemed unsightly, unsanitary, and can be forced into compliance. He stated that the next step would be to notify the owners of these 50 plus properties in question. Alderman Fletcher voiced concern for a property that had shutters that were made from MDF board, explaining that because of the material in 6 months the property would begin to deteriorate. He asked that Code Enforcement pay particular attention to further details. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. In response to a question from Alderman Stroud, City Planner McCulley concurred that when the project began there were 102 properties, noting that 100% of priority one has been worked, adding that priority two requiring heavy maintenance is the category that has produced the most results. He explained that priority two was addressed prior to beginning the process of addressing the vacant houses. He stated that they are satisfied with the current progress and are now able to take on the larger project of vacant houses. Alderman Stroud commended the amount of progress in the area, noting that the project would be revisited in approximately 90-days. Discussion ensued regarding several rehabilitated houses identified by paint color as being the same contractor that has unfortunately fallen into bad health. City Planner McCulley related that the contractor has purchased several of the properties that were on the condemnation list, adding that the contractor’s wife is currently working the project and is changing the color scheme on future rehabs. Discussion then turned to a relationship between vacant properties and crime. Chief Sipes noted that there have been successful Police operations in the area, including search warrants with a number of arrests. Mayor Swaim explained that the City has annually budgeted 20 to 30 thousand dollars for condemnations in the area, adding that a few years ago the City started a State pilot program through ADFA, building 5 new homes in Sunnyside. He related that the problem was that it was cost prohibitive to build a new home in that area, adding that the City had to offer lease purchase agreements to attract buyers. He commended Director of Administration Jay Whisker in working closely with the Land Commissioners office, which netted 14 new lots to the City of Jacksonville. He stated that if the City acquires enough lots to build two or three houses in a row, it might be a more feasible endeavor. He related that there has been a long standing battle in the area, explaining that originally the houses were constructed as temporary housing for the Ordinance Plant workers, adding that those houses were never intended to last almost 60 years. He explained that originally the houses were duplexes that were split and put on separate lots. He noted that fortunately it has provided housing for residents of Jacksonville for a long time. RFQs regarding City engineering projects Mayor Swaim related that RFQs regarding engineering projects to compete for stimulus monies have been completed and returned, adding that he would request that the City Council allow discussion. Alderman Smith moved seconded by Alderman Stroud to suspend the rules and place the item of RFQs on the City Council agenda. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. Mayor Swaim stated that previously the City Council had instructed that the City have RFQs completed in order to be ready to compete for stimulus funds, explaining that the Oneida Bridge Project is a joint effort with Pulaski County. He explained that the Oneida Bridge RFQ, Emma Street extension RFQ, and the West Main Street RFQ were not included in the budget, adding that the proposal is to perform the engineering so that they would be ready for any stimulus funds that might become available. In response to a question from Alderman Stroud, Mayor Swaim stated that the next step would be to fund the RFQs, regarding engineering companies that have been approved through the RFQ process and then have the engineering work performed. He then answered that each project was bid and the Oneida Bridge engineering costs is $196,335.00, Emma Street extension is $53,000.00 and West Main is $96,000.00. He related that those were the first three projects that the City Council instructed that RFQs be obtained on. He stated that funds are available at this time. He then answered that he is not aware of any reimbursements regarding stimulus funding for engineering costs. He stated that “shovel ready” projects were stipulated for stimulus funding. Alderman Howard moved, seconded by Alderman Stroud to approve $345,335.00 to perform engineering work to make these projects available for grant funding, with funds to be drawn from the Capitol Improvement Fund. Mayor Swaim noted that funds would be drawn from funds that had been set aside for the annexation of Gravel Ridge. He then answered that there is one million dollars in the fund. At this time, MOTION CARRIED. FARMER’S MARKET Mayor Swaim stated that the one of the two additional projects for discussion is the farmer’s market, relating that design and engineering costs came in at $12,000.00. He stated that those funds have already been set aside, explaining that the funding came from extra turnback funds from the last General Session. Alderman Stroud moved, seconded by Alderman Smith to fund the engineering costs for the farmer’s market. MOTION CARRIED. ADDITION TO THE 911 BUILDING Mayor Swaim related that the other project is an addition to the 911 building, adding that $400,000.00 was budgeted for that project. He stated that architect costs is $54,680.00. Alderman Smith moved, seconded by Alderman Howard to approved expenditure of funding for the addition to the 911 building. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. Status of the apartments adjacent to Dupree Park Mayor Swaim related that City Attorney Bamburg has had discussion with the owners, but since the last meeting there has not been further communication. He explained that they were going to get back in touch with the City when they were ready to make a proposal. City Attorney Bamburg related that the appropriate foreclosure sale is being scheduled, which will probably run into the July time frame. He stated that once the foreclosure is complete, the City would have an opportunity to negotiate with Fannie Mae. He related that the search for funding continues, adding that the difficulty will be timing and qualifying under requirements. He then noted that unfortunately regarding stimulus funding, the City cannot be reimbursed for funds already spent. He concluded saying that negotiations are still ongoing, but the legal process has to flow through. Mayor Swaim noted that because of the economy, sales tax funds have come in lower than last year. He pointed out that Jacksonville is holding up better than most, adding that North Little Rock seems to be suffering the most in Pulaski County. He stated that in speaking with the North Little Rock mayor he learned that the Department heads are being asked to cut at least 5% of their existing budgets. He related that the City of Jacksonville still has its Fund Balance, and we did not budget excessively in sales tax, so the City of Jacksonville can meet its goal in sales tax. He stated that funding is strong and the Fund Balance is approximately 3 million dollars presently, plus the Capitol Improvement Fund. He noted that not all capitol improvement projects have to be funded this year, but the ones that are funded are listed to show funds are available. He stated that compared to most cities in the State, Jacksonville is doing exceptionally well regarding income. APPOINTMENT(S): JACKSONVILLE WATER COMMISSION Alderman Smith moved, seconded by Alderman McCleary to approve the appointment of Dr. James Bolden to the Jacksonville Water Commission for a term to expire 4/20/2017. MOTION CARRIED. ANNOUNCEMENT(S): Mayor Swaim commended Aldermen Elliott and Fletcher as candidates for the Mayor’s election, congratulating Alderman Fletcher for his win. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING JUNE 4, 2009 7:00 P.M. – 8:00 P.M. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 8:00 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer