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09 MAY 07.docCITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 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 May 7, 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, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Alderman Smith 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, City Planner Chip McCulley, Assistant Finance Director Cheryl Erkel, Finance Director Paul Mushrush, Fire Chief John Vanderhoof, Police Chief Gary Sipes, Wastewater Manager Thea Hughes, Parks and Recreation Interim Director Kristen Griggs, CDBG Director Theresa Watson, Mrs. Judy Swaim, Mrs. Beverly Elliott, Mrs. Helen Stroud, Mr. Mike Wilson, Mr. Dickie Penn, Mr. Jody Urqhart, Mr. Tommy Bond, 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 16, 2009 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Howard moved, seconded by Alderman Ray that the minutes of the Regular City Council meeting of 7 April 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for April 2009. Said report reflects: ADOPTION/FINES: $3,165.00 CONTRIBUTIONS: $ 0.00 TOTAL: $3,165.00 REGULAR MONTHLY REPORT/ENGINEERING Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly Report for April 2009. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 23 Building Inspections 44 Business License 10 Electrical 36 Plumbing 28 HVACR 24 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 209 Notice of Noncompliance 7 Property Mowed 28 Towed 2 Trash Letters 35 CONDEMNATIONS Trash Removal 0 Structural Maint. Letter 17 Property Maint. Letters 12 Structural repairs made 0 Cost $1,306.57 Demolitions 0 CITATIONS WARRANTS Debris & open storage 3 Arrest 4 Property maintenance 0 Search 0 ROLL CALL: Aldermen: Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: FIRE DEPARTMENT: STREET DEPARTMENT: SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: ORDINANCE 1359 (#2-09) AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY IN THE BROWN ADDITION ACROSS FROM SECOND BAPTIST CHURCH, NORTH JAMES STREET); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES. Mayor Swaim related that the property is located directly across from the Second Baptist Church and is commonly referred to as the “Gwatney Family Home.” He stated the Planning Commission has recommended rezoning from R-0 to R-1. Alderman Ray moved, seconded by Alderman Stroud to place Ordinance 1359 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1359. Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance 1359 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Fletcher moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1359 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1359. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1359 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1359. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1359 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1359 THIS 7th DAY OF MAY 2009. GENERAL: a. ORDINANCE 1370 (#13-09) AN ORDINANCE TO CREATE JACKSONVILLE MUNICIPAL CODE §§3.30 AND 3.35 (IDENTITY THEFT PREVENTION PROGRAM); TO COMPLY WITH FEDERAL REGULATIONS RELATING TO ADDRESS DISCREPANCIES; TO COMPLY WITH FEDERAL REGULATIONS RELATING TO RED FLAGS AND IDENTITY THEFT; AND, FOR OTHER PURPOSES. Mayor Swaim related that Ordinance 1370 addresses a new federal regulation. Finance Director Mushrush related that the regulation was passed by the FTC in 2006 with a long implementation period because of the complexity. He stated that it is called the Fair and Accurate Credit Transaction Act (FACTA). He explained that the purpose of the program is to protect the customer’s identity for all creditors and businesses so that the public is protected against intrusion into their personal affairs. He stated that all areas of the City affected by FACTA were procedure compliant when reviewed. He pointed out that this would provide strong internal controls for protecting information. Alderman Stroud moved, seconded by Alderman Ray to place Ordinance 1370 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1370. Alderman Stroud moved, seconded by Alderman Elliott to APPROVE Ordinance 1370 on FIRST READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Howard to suspend the rules and place Ordinance 1370 on SECOND READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1370. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1370 on THIRD and FINAL READING. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1370. Alderman Ray moved, seconded by Alderman McCleary that Ordinance 1370 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, McCleary, Sansing, Ray, Rinker, Fletcher, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1370 THIS 7th DAY OF MAY 2009. b. RESOLUTION 627 (#6-2009) A RESOLUTION EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE FEDERAL AID MONIES FOR ITS PARKS AND RECREATION DEPARTMENT, AND, FOR OTHER PURPOSES. Public Works Director Jim Oakley related that they are proposing to extend the existing trail constructed in 2004 that goes around the Lake up to Redmond Road. He explained that the extension would be to Bayou Meto Creek from the back of the Lake. He related that the extension would cost approximately $70,000.00 for a ten-foot paved road, pointing out that the City is applying for an 80/20 match grant. Mayor Swaim concurred, saying that the City’s portion would be $14,000.00 in matching funds. Public Works Director Jim Oakley stated that the long-range goal is to have the trail constructed all the way to Hwy. 161. Mayor Swaim noted that there is the possibility of using in-kind work to offset the $14,000.00 match funds, explaining that the City would have to obtain approval from the Arkansas Highway Department as grantor. In response to a comment from Alderman Ray, Public Works Director Jim Oakley related that this would not interfere with the canoe ramp, saying that one of the canoe ramps located at Reed’s Bridge off Western Avenue has been completed. Other discussion ensued regarding a bridge or low water crossing under the railroad trusses. Mayor Swaim noted that the City applied for the grant once before and was not awarded the grant because the City had received a grant the year before. He expressed his hope that the City would be a strong contender for this grant. Alderman Stroud moved, seconded by Alderman Howard to read the heading of Resolution 627 (#6-2009). MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. Alderman Stroud moved, seconded by Alderman Ray to approve Resolution 627 (#6-2009) in its entirety. Mayor Swaim related that the required match funds could be drawn from the Capital Improvement Fund. At this time, MOTION CARRIED. c. James, Main, and Dupree Intersection Mayor Swaim reminded the City Council that they had received information regarding a study of the intersection at a previous City Council meeting, noting that the study had revealed that it is not feasible to construct a round-a-bout at the intersection. The City Council reviewed a PowerPoint presentation regarding options numbered 1 through 3. A copy is on file in the Office of the City Clerk. Discussion ensued regarding the different changes and improvements for infrastructure, signalization, and green spaces. Mayor Swaim explained that option #1 closes Dupree Drive, puts a green area in front of the fountain and offers a lot of landscaping with a more attractive and safer crosswalk. He added that it changes the signalization. He then related that option #2 offers a significant change in the straightening of James Street, noting that it would require a significant amount of right-of-way. He stated that it closes Dupree Drive and makes it a fancier area. He explained that option #3 leaves the intersection as a five-legged intersection but offers a change in the cross walks, as well as signalization, landscaping, and puts in a median. He noted that option #3 is approximately $600,000.00. He then stated that option #1 is approximately 1.5 million and option #2 is 1.8 million dollars, explaining that additional costs are contingent on rights-of-way purchase costs. Alderman Ray stated that his constituents have expressed a desire to keep Dupree Drive open, offering his support for option #3, which keeps Dupree Drive open. In response to a question posed by Alderman McCleary, Mayor Swaim stated that option #3 would be the least intrusive to Walgreens. Alderman Stroud stated that he would be apprehensive regarding the closing of the Library exit, adding that if proper landscaping and CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. resolution regarding the telephone poles were addressed, he would be content with option #3. Alderman Fletcher issues concerns for handicap accommodations regarding utilization of wheelchairs through this intersection. Mayor Swaim noted that all corners of the intersection would be handicap accessible, adding that it is his understanding that it would have pedestrian crosswalk lights. Alderman Fletcher stated that his concern would be the timing, noting that often it takes longer for a handicapped person to navigate the crosswalk. Alderman Ray stated that he had observed this concern recently at an intersection. Mayor Swaim noted that funding would need to be discussed, noting that this is not one of the existing capital improvement projects. He related that funding regarding some of the existing projects could be amended, explaining that there is enough funding in Capital Improvements to fund option #3 but not options #1 or #2 without amending other funding. He offered that Sale Tax collections for Jacksonville have not been down as much as North Little Rock. He then answered that he is not aware of any stimulus funds available for this project; adding that there are funds that might be made available under LUCA funding, but those funds of approximately $400,000 were planned for the intersection of West Main and Harris Road. He returned to the issue of Sales Tax, noting that it has not fallen drastically but is trending downward. He explained that they had not budgeted as much as was collected so there will be some funds available at the end of the year. Alderman Stroud moved, seconded by Alderman Ray to proceed with option #3 regarding improvements to the James, Main, and Dupree Intersection, authorizing Mayor Swaim to locate funding. Mr. Jody Urqhart voiced concerns for traffic being able to cut through in front of the Chamber building, noting it to be a safety concern. He questioned if there is any consideration to close one of the accesses. Mayor Swaim answered that if the Chamber of Commerce asked the City to close one of the accesses it could be easily accomplished with a non-mountable curb. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. In response to a question posed by Alderman Fletcher, Director of Administration Jay Whisker related that the project is in the design phase, projecting that it would not take longer than a few months in construction. Mayor Swaim noted that projected costs do not include design fees. At this time, MOTION CARRIED. d. Request to accept bid regarding Roof Repair for the Community Development Building Public Works Director Jim Oakley stated that while he has not used the low bid contractor in the past, the bid does meet all specifications. He stated that he is comfortable with the references he was able to obtain. Discussion ensued and it was noted that the ongoing problems are mainly due to the construction being a flat roof. Mayor Swaim noted that the roof has been replaced at least once and possibly twice in the last 20 years. In response to a question posed by Alderman Elliott, Public Works Director Jim Oakley stated that the roof system is a PVC vinyl white reflective type, adding that it has been used for the last 10 years and has worked well. He then answered that the roof would have a 15-year guarantee. Alderman Stroud moved, seconded by Alderman Howard to accept the low bid in the amount of $14,629.00 with funds to be drawn from the Capital Improvement Fund. MOTION CARRIED. e. ORDINANCE 1371 (#14-09) AN ORDINANCE MODIFYING JACKSONVILLE MUNICIPAL CODE § 2.06.010 (MINIMUM SALARY – MAYOR); AND, FOR OTHER PURPOSES. Mayor Swaim clarified that Aldermen Stroud and Twitty are the sponsors of this item of business. Alderman Elliott and Fletcher recused themselves from the dais. Alderman Stroud related that the present ordinance governing the starting salary for mayor is $45,000.00, adding that the cost of living has risen significantly since the adoption of that ordinance. He stated that it is thought that the mayor’s salary should be more than the next highest employee. He noted that when Mayor Swaim took office his salary was less than four or five of the higher earning employees. He stated that the ordinance proposes that the total compensation be $75,000.00, $70,000.00 for the base salary and a $5,000.00 car allowance. He stated that the CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. proposed salary and car allowance is $200.00 more monthly than the next highest earning employee. Alderman Twitty stated that she did not feel that the auto allowance should count toward making the mayor’s salary higher than the next highest earning employee. She stated that at the very least she feels the starting base salary should be $73,000.00, which would be above the next highest earning employee by a small amount. She added that she feels that the auto allowance should be set at $6,000.00, totaling $79,000.00. Alderman Stroud and Twitty reiterated their convictions for proposing the base salary and car allowance as each had presented. Each expressed disinclination because of convictions to acquiesce. In response to a question posed by Alderman Sansing, Mayor Swaim stated that the car allowance was combined into his salary several years ago and at that time, it was $7,200.00. He then answered that his current salary is $94,499.00 and that the next highest paid employee earns $72,500.00 approximately. Alderman Sansing stated that he would not have a problem if the base salary were set at $73,000.00, and allowing a car allowance of $5,000.00 or $6,000.00 dollars. Alderman McCleary stated that he agrees with Alderman Sansing and Alderman Twitty that the salary should be set slightly higher than the highest paid employee, plus a car allowance of $5,000.00 or $6,000.00 dollars. Alderman Rinker offered her concurrence for that proposal. Mayor Swaim noted that the ordinance was prepared with a $70,000.00 base salary and a $5,000.00 car allowance, explaining that the ordinance can be placed on first reading and then amended as the City Council desires. Alderman McCleary moved, seconded by Alderman Ray to place Ordinance 1371 on FIRST READING. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1371. Alderman McCleary moved, seconded by Alderman Sansing to AMEND Ordinance 1371 Section One to read $73,000.00 for salary and $6,000.00 for a car allowance. ROLL CALL: Aldermen McCleary, Sansing, Rinker, and Twitty voted AYE. Ray, Stroud, and Howard voted NAY (0). MOTION FAILED. Alderman Ray moved, seconded by Alderman Stroud to APPROVE Ordinance 1371 on FIRST READING without an amendment. Alderman Ray stated that he feels the Ordinance as originally proposed is adequate for the City of Jacksonville and its residents. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. Alderman Twitty reiterated that the mayor’s salary should be above any other employee of the City, because of the responsibility of the Office, adding that the auto allowance is just part of the package. Alderman Stroud reiterated that $75,000.00 is $200.00 more monthly than the highest paid employee. Discussion ensued regarding the division of base salary and car allowance. ROLL CALL: Aldermen Ray, Stroud, and Howard voted AYE. McCleary, Sansing, Rinker, and Twitty voted NAY (0). MOTION FAILED. Alderman Sansing proposed a compromise amendment that the total compensation package be $77,000.00 as a compromise between $79,000.00 and $75,000.00. Alderman Sansing moved, seconded by Alderman Stroud to AMEND Ordinance 1371 to reflect the compromised amendment of $77,000.00. Mayor Swaim questioned if the amounts reflected are a base salary of $71,000.00 and a car allowance of $6,000.00. Alderman Sansing stated that it could reflect $72,000.00 and $5,000.00 if that is the desire or any other combination. Mayor Swaim stated that the amounts need to be clearly defined. Alderman Twitty suggested that the amounts be $73,000.00 and $4,000.00. Mayor Swaim clarified that there is an option for the person if they choose to drive a City vehicle then they would not get a car allowance. He pointed out that how the City Council sets the car allowance is important because the person can choose to either use their vehicle or have the City purchase a vehicle for them to drive. Alderman Twitty suggested that the base salary be $76,000.00 and the vehicle allowance be $1,000.00. Discussion ensued and City Attorney Bamburg clarified that the Alderman who made the motion needs to declare the amounts. Alderman Sansing amended his motion to say that the base salary is $76,000.00 with a $1,000.00 car allowance for a total of $77,000.00 dollars. Alderman Stroud withdrew his second to the motion. Alderman Ray seconded the amended motion. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, and Twitty voted AYE. Stroud and Howard voted NAY (0). MOTION CARRIED. Alderman Sansing moved, seconded by Alderman McCleary to APPROVE Ordinance 1371 on FIRST READING with the approved amendment. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1371 on SECOND READING as amended. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1371. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1371 on THIRD and FINAL READING as amended. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1371. Alderman Sansing moved, seconded by Alderman Stroud that Ordinance 1371 be APPROVED AND ADOPTED. ROLL CALL: Aldermen McCleary, Sansing, Ray, Rinker, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. ORDINANCE APPROVED, ADOPTED AND NUMBER 1371 THIS 7th DAY OF MAY 2009. APPOINTMENT(S): SEWER COMMISSION Alderman Stroud moved, seconded by Alderman Sansing to approve the appointment of Barbara Meyers to the Sewer Commission for a term to expire 4/20/2014. Alderman Ray stated that he does not have anything against Barbara Meyers, but while there is no regulation that a minority be appointed, he would have liked for Mr. Kenny McGhee, who is a minority, to be appointed to the Commission. At this time, MOTION CARRIED with Alderman Ray voting NAY. NORTH PULASKI WATERWORKS PUBLIC FACILITIES BOARD Alderman Ray moved, seconded by Alderman Elliott to approve the North Pulaski Waterworks Public Facilities Board reappointments of Sharon Malnar for a term to expire 10/02/2010; Marion Lee for a term to expire 10/02/2011; Bill Driggers for a term to expire 10/02/2012, and Rick Love for a term to expire 10/02/2013. MOTION CARRIED. PLANNING COMMISSION Alderman Ray moved, seconded by Alderman McCleary to approve the appointment of Joe Ott to the Planning Commission for a term to expire 1/01/2012. MOTION CARRIED. CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING MAY 7, 2009 7:00 P.M. – 7:43 P.M. ANNOUNCEMENT(S): Main and Marshall intersection and Main and T.P. White intersection Mayor Swaim announced that the projected turn-on date for the new signalization is May 14th for both intersections. He noted that the left turn would have a yellow arrow. Apartment property adjacent to Dupree Park Mayor Swaim informed the City Council that this is an unfunded project, explaining that the City has been in ongoing negotiations with several entities. He noted that at this point there has not yet been a foreclosure, so the City cannot move forward with an offer until the foreclosure is completed. He added that there are concerns for how much the property will cost. ADJOURNMENT: Without objection, Mayor Swaim adjourned the meeting at approximately 7:43 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR TOMMY SWAIM City Clerk-Treasurer