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09 NOV 05.doc CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 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 November 5, 2009 at the regular meeting place of the Council. Alderman Smith delivered the invocation and Mayor Fletcher led a standing audience in the “Pledge of Allegiance” to the flag. ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard answered roll call. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT NINE (9), ABSENT (1). Others present for the meeting were: City Attorney Robert Bamburg, Acting Deputy City Clerk Jennifer Martin, Director of Administration Jim Durham, City Engineer Jay Whisker, CDBG Director Theresa Watson, Finance Director Paul Mushrush, Parks and Recreation Director Kristen Griggs, Public Works Director Jim Oakley, Human Resource Director Jill Ross, Police Chief Gary Sipes, Fire Chief John Vanderhoof, Wastewater Superintendant Thea Hughes, Wastewater Manager Bob Williams, Glenda Fletcher, Nola Ferrell, Addie Gibson, Mike Wilson, Larry Smith, interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor Fletcher presented the minutes of the regular City Council meeting of October 15, 2009 and the special called meeting of October 8, 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 1 October 2009 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Report for October 2009. Said report reflects: PERMITS/LICENSE ISSUED INSPECTIONS PREFORMED Building Permits 17 Building Inspections 40 Business License 11 Electrical 49 Plumbing 45 HVACR 27 UNSIGHTLY & UNSANITARY VEHICLES Grass Letters 116 Notice of Noncompliance 52 Property Mowed 48 Towed 0 Trash Letters 37 CONDEMNATIONS Trash Removal 4 Structural Maint. Letter 0 Property Maint. Letters 43 Structural repairs made 0 Cost $1,902.24 Demolitions 0 1 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. CITATIONS WARRANTS Debris & open storage 0 Arrest 0 Property maintenance 0 Search 0 REGULAR MONTHLY REPORT/ANIMAL CONTROL Alderman Stroud moved, seconded by Alderman Ray to approve the Regular Monthly Animal Control Report for October 2009. Said report reflects: ADOPTION/FINES: $2,645.00 CONTRIBUTIONS: $ 300.00 TOTAL: $2,945.00 ROLL CALL: Aldermen: Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENT: PUBLIC HEARING ORDINANCE 1387 (#30-09) AN ORDINANCE AUTHORIZING THE CONSTRUCTION OF BETTERMENTS AND IMPROVEMENTS TO THE WASTEWATER SYSTEM OF THE CITY OF JACKSONVILLE, ARKANSAS; AUTHORIZING THE ISSUANCE AND SALE OF WASTEWATER REFUNDING AND CONSTRUCTION REVENUE BONDS, SERIES 2009, IN ONE OR MORE SERIES; PROVIDING FOR THE PAYMENT OF THE PRINCIPAL OF AND INTEREST ON THE BONDS; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. Mayor Fletcher opened the public hearing at approximately 7:02 p.m. Mr. Cary Smith offered a brief summation of the details regarding the revenue bond issue that Stephens Inc. assisted the Wastewater Department with earlier in the week. He noted the adoption of Resolution 635 (#14- 09), a resolution of intent to proceed with the bond issuance, acknowledging that a majority of the bonds have now been sold. He then noted that the Sewer Commission had adopted a resolution today to proceed with the bond issue. He stated that the interest cost on the bond issue is 5.02%, adding that the all inclusive cost interest rate worked out to be 5.05%. He related that the bonds were underwritten and slightly over 11 million of the 18.3 million were sold yesterday. He stated that the balance of slightly over 7 million have been placed in the inventory at Stephens and since the balance has been worked down to around 5 million. He introduced Mr. Bill Spivey of Wright, Lindsey & Jennings as bond attorney for the City. He related that Mr. Spivey drafted the Ordinance that is being considered by the City Council for adoption. He then noted that the bond issue will be closed on December 16, 2009 at the offices at Stephens, inviting City Council members to attend. He then noted in discussion that the bonds were sold in two separate series, a taxable series and a tax exempt series, reiterating that the blended interest rate was excellent. He also noted that all the bonds were sold in the State to Arkansans. 2 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. Mayor Fletcher closed the public hearing at approximately 7:06 p.m. Alderman Smith moved, seconded by Alderman Stroud to place Ordinance 1387 on FIRST READING. Mr. Bill Spivey explained that the Ordinance will authorize the issuance of the bond described by Mr. Smith. He stated that the Ordinance is typical of that used under these circumstances, adding that it sets forth the security for the bonds and creates the necessary funds, accounts, and appoints a trustee. He then related that the Ordinance also contains tax covenants for the series of tax exempt bonds regarding those provisions that are typically used with this type of revenue bond. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1387. Alderman Ray moved, seconded by Alderman McCleary to APPROVE Ordinance 1387 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1387 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1387. Alderman Smith moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1387 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1387. Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1387 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Smith moved, seconded by Alderman Ray that the EMERGENCY CLAUSE be ATTACHED to Ordinance 1387. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1387 THIS 5 DAY OF NOVEMBER 2009. FIRE DEPARTMENT: POLICE DEPARTMENT: STREET DEPARTMENT: 3 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: GENERAL: a. CONTINUED PUBLIC HEARING regarding ORDINANCE 1381 (#24-09) AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §§ 8.01 (PROPERTY MAINTENANCE) AND 8.03 (NUISANCE ABATEMENT); 8.20, 8.24, 8.26, 8.28, 8.32, 16.04.010, AND OTHER PROVISIONS IN CONFLICT HEREWITH; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Stroud moved, seconded by Alderman McCleary to place Ordinance 1381 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1381. Alderman Ray moved, seconded by Alderman Howard that Ordinance 1381 be APPROVED AND ADOPTED on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1381 THIS 5 DAY OF NOVEMBER 2009. b. RESOLUTION 636 (#15-09) A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE, ARKANSAS, TO UTILIZE FEDERAL AID MONIES FOR THE SAFE ROUTES TO SCHOOL PROGRAM; AND, FOR OTHER PURPOSES. Public Works Director Jim Oakley related that he is applying for the 2009 grant for the Safe Routes to School Program through the Arkansas Highway and Transportation Department. He related that the City applied in 2007 and was awarded $120,000.00 as well as in 2008 the City was awarded additional monies for another school. He stated that the area involved in the grant would be around Pinewood Elementary on Northeastern, explaining that there are no sidewalks from Madden to T.P. White Drive. He then answered that it is a 100% grant with no City match. Alderman Elliott moved, seconded by Alderman McCleary to read Resolution 636 (#15-09). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 636 (#15-09). c. Request to Accept Bid for sidewalks for the Jacksonville Middle School Public Works Director Jim Oakley related that this was the 2007 grant that was awarded to the City, adding that the grant was through the Arkansas Highway and Transportation Department. He pointed out that the low bidder came in at $116,277.00, adding that the amount is totally reimbursable from the State upon completion. He stated that references regarding Red Roc, the low bidder, were good. 4 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. Alderman Stroud moved, seconded by Alderman Ray to approve the low bid from Red Roc in the amount of $116,277.00 with funds to be drawn from Street Department funds. MOTION CARRIED. d. CDBG Consolidated Plan Update and 2010 Strategic Action Plan CDBG Director Theresa Watson related that this year was considered to be an extension, explaining that while this was the scheduled year for the five-year plan, HUD decided to revamp the process and with stimulus funds HUD fell behind so extensions were accepted in lieu of the five-year plan. She stated that next year the five-year plan will be presented. She explained that the extension is a continuation of the goals established in the last five-year plan. She answered that next year in the public service portion they are going to conduct several workshops leading with a financial literacy workshop that will run for twelve weeks, as well as small business workshops, and home buyers workshops. Alderman Smith moved, seconded by Alderman Stroud to accept the Consolidated Plan Update and 2010 Strategic Action Plan. MOTION CARRIED. e. Renew annual Building & Contents Insurance Finance Director Paul Mushrush requested permission to renew the annual building and contents insurance through Hanover, quoting replacement costs of $34,819,822.00 worth of buildings and contents. He explained that the replacement cost has risen because of the new library. He stated that the total premium is $32,507.00, explaining that $29,036.00 is to Hanover, while the remainder of $3,471.00 in premium costs would be paid, at a lower rate, to Travelers regarding machinery and equipment breakdown. Alderman Elliott moved, seconded by Alderman Smith to approve renewal of the annual building and contents insurance through Hanover and Travelers in the amount of $32,507.00. MOTION CARRIED. f. ORDINANCE 1386 (#29-09) AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS, FOR BALANCES DUE FROM SERVICES RENDERED BY AND/OR ON BEHALF OF THE CITY; AND, FOR OTHER PURPOSES. Alderman Smith moved, seconded by Alderman Ray to place Ordinance 1386 on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1386. Alderman Ray moved, seconded by Alderman Stroud to APPROVE Ordinance 1386 on FIRST READING. 5 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. City Attorney Bamburg confirmed that the balance due would include administrative charges. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and place Ordinance 1386 on SECOND READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1386. Alderman Stroud moved, seconded by Alderman McCleary to suspend the rules and place Ordinance 1386 on THIRD AND FINAL READING. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1386. Alderman Stroud moved, seconded by Alderman McCleary that Ordinance 1386 be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, McCleary, Ray, Rinker, Ferrell, Stroud, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED. th ORDINANCE APPROVED, ADOPTED, AND NUMBERED 1386 THIS 5 DAY OF NOVEMBER 2009. g. RESOLUTION 637 (#16-09) A RESOLUTION DECLARING THE EXERCISE OF EMINENT DOMAIN ON CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF THE CITY OF JACKSONVILLE, ARKANSAS, FOR CONSTRUCTION AND DEVELOPMENT OF IMPROVED INGRESS AND EGRESS TO DUPREE PARK AND RENOVATION AND CREATION OF ADDITIONAL PUBLIC HOUSING FACILITIES; AND, FOR OTHER PURPOSES. Mayor Fletcher stated this proposition has been a long and arduous process, expressing his appreciation to City Attorney Bamburg for his guidance. City Attorney Bamburg stated that following the City Council’s direction to proceed in this process, the City hired an appraiser to perform a certified appraisal on the property. He stated that originally it appeared that the approach would be different, explaining that the possibility of doing an outright purchase as opposed to forwarding through the eminent domain process. He related that the City submitted a contingent offer for the amount of the appraised value, which was $227,000.00. He explained that the owners and Fannie Mae chose not to accept that offer, including proposed alternatives to provide tax benefits to the owners. He added that Fannie Mae and the owners have asked the City to participate in an auction for the property that is scheduled for Monday. He advised that this would not be a move that 6 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. would be beneficial to the City. He stated that if the City Council feels that the property is necessary for the Dupree Park entrance expansion and for clarifying other circumstances of public safety regarding traffic hazards, eminent domain would be the correct process. He explained that if the Resolution is adopted, he would file the application requesting an order for immediate possession. He stated that in order for the City to be eligible for an order regarding immediate possession, the City would also have to post with the registry of the Court the value that is listed in the appraisal. Alderman Smith moved, seconded by Alderman Stroud to read Resolution 637 (#16-09). Alderman Stroud reiterated that there is a safety issue, noting that during the Wing Ding Festival there were between twenty-five and thirty thousand in attendance, pointing out that ingress and egress into the Park was a “nightmare”. Mayor Fletcher added that it would also be a major asset to our Parks, saying that it is a part of the Parks and Recreation Master Plan. MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Resolution 637 (#16-09). Alderman Ray moved, seconded by Alderman Stroud to approve and adopt Resolution 637 (#16-09). MOTION CARRIED. h. Request to approve Change Order for Loop Road Sidewalk Project Public Works Director Jim Oakley requested approval for a change order regarding the Loop Road sidewalk bid of $7,506.00. He stated that it would accommodate the addition of 300 linear feet of sidewalk to be placed at the middle school’s new practice facilities. He stated that Council approval would expedite the sidewalk project, noting that there would be a 100% reimbursement from Pulaski County Road and Bridge. Alderman Elliott moved, seconded by Alderman McCleary to approve the change order as requested. MOTION CARRIED. APPOINTMENT(S): ANNOUNCEMENT(S): Mayor Fletcher stated that Alderman Sansing asked that it be a matter of record that he is in support of Ordinance 1381. Director of Administration Jim Durham informed the City Council that he and the new consultant Ricky Hayes had just returned from a networking conference in San Antonio. He related that the trip had been productive, noting contacts with several individuals creating business interest in the City of Jacksonville. He related that a monthly report from Mr. Hayes is available for review. 7 CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING NOVEMBER 5, 2009 7:00 P.M. – 7:36 P.M. He then announced that the Jacksonville Housing Authority has received a high performance score, pointing out that they are now eligible to apply for monies that previously they were not able to get. Mayor Fletcher announced the ribbon cutting earlier today for the Lighthouse Charter School. He then noted that next week there will be a groundbreaking for the Joint Education Facility. He stated that he is confident that Jacksonville will have its own school district, noting that the process is due back in court January 25, 2010. He noted that with the passage of the nuisance and abatement ordinance there will be citizens that will have a hard time coming into compliance, adding that he has met with as many as sixteen local ministers to create a ministerial alliance to work with disadvantage and elderly citizens who cannot always do these things for themselves. He encouraged everyone to work together, expressing appreciation for everyone’s contribution to the ordinance. Alderman Ray announced that Jacksonville will be featured in the monthly magazine “Our Town” December issue published by the Municipal League. Mayor Fletcher announced that City Planner Chip McCulley has opted to take employment with a private company. He noted Mr. McCulley’s accomplishments while working for the City of Jacksonville. He offered his appreciation to City Engineer Jay Whisker, noting his increased responsibility and workload. ADJOURNMENT: Without objection, Mayor Fletcher adjourned the meeting at approximately 7:36 p.m. MOTION CARRIED. Respectfully, ________________________ _________________________ Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer 8