City Council

City Council of Jacksonville, Arkansas AGENDA Regular City Council Meeting March 19, 2015 7:00 p.m. 1. OPENING PRAYER: PAGE 2. ROLL CALL: 3. PRESENTATION OF Regular City Council Meeting IW INUTES: February 19, 2015 1-4 4. APPROVALS AND/OR Regular City Council Meeting CORREC1-ION OF MINUTES: February 5,2015 5. CONSENT AGENDA: Engineering Department: Regular Monthly ReporVFebruary City Engineer Jay Whisker Animal Control Department: Regular Monthly ReporVFebruary Public Works Director Jim Oakley Police Department: Regular Monthly ReportIFebruary Police Chief Kenny Boyd Fire Department: Regular Monthly ReporVFebruary Fire Chief Alan Laughy 6. WATER DEPARTMENT: 7. WASTEWATER DEPAR-TIMENT: 8. FIRE DEPARTMENT: 9. POLICE DEPARTMENT: 10. STREET DEPARTMENT: 11. SANITATION DEPARTMENT: RESOLUTION # 725 (#01-2015) Authorizing the City to enter into a Contract of obligation with the Arkansas Department of Environmental Quality for the City's Solid Waste Disposal Facility (Mayor Fletcher) 12. PARKS & REC. DEPT: 13. PLANNING COMMISSION: REZONIWG: The Meadows Subdivision Lots 18-35 from R-I to R-2 (Mayor Fletcher) (Ord. available at meeting) 14. GENERAL: a. PUBLIC HEARING ORDINANCE 1525 (#05-2015) Vacating and closing a portion of Henry Street between Smart Street and Ray Road (Mayor Fletcher) City Council A G E N D A continued: March 19, 2015 7:00 p.m. GENERAL Continued: b. CDBG 201 5 Annual Action Plan (Mayor Fletcher) (Distributed in March 5thpacket) c. CDBG 2014 CAPER Consolidated Annual Performance & Evaluation Report (Mayor Fletcher) (included in packet) d. Introduction of energy audit regarding city facilities (Mayor Fletcher) 15. APPOINTMENTS: A&P COMMISSION Reappointment of Jim Hurley for a term to expire 03/3112019 Appointment of Billy Hall for a term to expire 03/3112019 16. ANNOUNCEMENTS: Town Hall Meeting Ward 3, March 20, 2015 6:00 p.m. at West Side Baptist Church Citywide Cleanup Saturday, April 4that 9:00 a.m. Recycling Center 1300 Marshall Road 81StAnnual Arkansas Municipal League Convention in Little Rock June 24-26, 2015 ADJOURNMENT  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2015 7:00 P.M. - 7:18 P.M. REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DRIVE The City Courlcil of the Cit.y of Jacksonville, Arkansas met in regular session on February 19, 2015 at. the regular meeting place of the City Council. Alderman Bolden delivered the invocation and Mayor F'letcher led a standing audience in the "Pledge of Allegiance" to the flag. ROLL CALL: Aldermen: Bolden, McCleary, Ray, Traylor, Twitty, Smith, and Howard answered ROLL CALL. Mayor Fletcher also answered ROLL CALL declaring a quorum. PRESENT SEVEN ( 7 ) ,ABSENT (3). Others present for the meeting were: City Attorney Robert Bamburg, Director of Administration Jim Durham, Finance Director Cheryl Erkel, Human Resource Director Jill Ross, City Engineer Jay Whisker, Public Works Director Jim Oakley, Parks and Recreation Director Kevin House, 911 Director Tabby I-lughes, Police Chief Kenny Boyd, Fire Chief Alan Laughy, CDBG Director Theresa Watson, IT Director Scott Rothlisberger, Planning Commissioner Jim Moore, Jerry Reichenbach, Jennifer Martin, Patrick Thomas, Tommy Bond, Mark Evans, Harry Stringfellow, Scott Rothlisberger., interested citizens, and members of the press. PRESENTATION OF MINUTES: Mayor F'letcher presented the minutes of the regular City Council meeting of February 5, 2015 for approval and/or correction at the next regularly scheduled City Council meeting. APPROVAL AND/OR CORRECTION OF MINUTES: Alderman Bolden moved, seconded by Alderman Ray that the minutes of the regular City Council meeting of 1 5 January 2015 be APPROVED. MOTION CARRIED. CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT Alderman Ray moved, seconded by Alderman McCleary to approve the Regular Monthly Report for January 2015 regarding annual crime statistical comparisons. REGULAR MONTHLY REPORT/FIRE DEPARTMENT Alderman Rdy moved, seconded by Alderman McCleary to approve the regular monthly report for January 2015 from the Jacksonville E'ire Department, reflecting a fire loss of $0.00 and a savings total of $0.00. REGULAR MONTH REPoRT/ANIMAL CONTROL Alderman Ray moved, seconded by Alderman McCleary to approve the regular monthly report for January 2015. m O P T I O N FEES/FINES $2,425.00 CONTRIBUTIONS 100.00 TOTALS $2,525.00  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2015 7:00 P.M. - 7:18 P.M. ROLL CALL: Aldermen: Bolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. MOTION CARRIED. WATER DEPARTMENT: WASTEWATER DEPARTMENTS: FIRE DEPARTMENT: POLICE DEPARTPENT : STREET DEPARTMENT: Request to accept bid: Loop Road Bridge replacement PH I, 11, I11 Mr. Tommy Bond of Bond Engineering reminded the City Council that a year ago there was approximately $20,000.00 spent for emergency repairs. He related thdt the bid will replace the old bridge with a four-lane bridge. He stated that the new bridge would have sidewalks on both sides and a bike lane. He explained that the west side of the bridge will be replaced first in phase I and the traffic will be diverted. He stated that the second phase will consist of tearing the old bridge down, sdlvage pieces from the old bridge to be reused and then build the other half of the new bridge. He noted that the existing bridge is approximately 50' and the new bridge will be 601, adding that the opening of the new bridge is sized for a 100 year flood. Alderman Ray moved, seconded by Alderman Bolden to accept the low bid from of $465,000.00 from Thomco, Inc. with funds to be drawn from Capital Improvement. MOTION CARRIED. SANITATION DEPARTMENT: PARKS & RECREATION: PLANNING COMMISSION: FINAL PLAT Jaxon Terrace PH 10 City Engineer Jay Whisker demonstrated the location of Phase 10 in relation to the existing street of Puritan Drive. He explained that Puritan Drive has been extended to tie into Rope Trail on the west side of the Subdivision. He then answered Mayor Fletcher that it would eventually tie into North First. Street. Alderman Ray moved, seconded by Alderman Bolden to accept the Final Plat of Jaxon Terrace PH 10 as presented. MOTION CARRIED. GENERAL: ORDINANCE 1524 (#4-2015) AN ORDINANCE CREATING JMC § 3.08.065 (PURCHASES THROUGH ARKANSAS HIGHWAY & TRANSPORTATION DEPARTMENT1S BIDDING PROCESS) ; DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES. Alderman Ray rnoved, seconded by Alderman nolden that Ordinance 1524 be placed on FIRST READING. City Attorney Bamburg stated that Ordinance 1524 would allow Water, Wastewater and City Departments the flexibility to consider bids that are  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2015 7:00 P . M . - 7:18 P . M . obtained by the Arkansas Highway Department, the same that is now done under the State contract. He clarified that the idea is that given the equipment that is bid by the Highway Department, the City will save time and money in being able to look at those bids when they match specifications. He noted that because of the volume of equipment purchased by the Highway Department they will typically get better bid prices, which would be a benefit to the City. He noted that this would provide an opportunity for the City to save money and make the purchase process easier. He then stated that purchases above $20,000.00 would still need to come before the City Council for approval, saying that the only difference would be that the bid process was conducted by the Highway Department. ROLL CALL: Alderman Bolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1524. Alderman Ray moved, seconded by Alderman Twitty to APPROVE Ordinance 1524 on FIRST READING and suspend the rules and place Ordinance 1524 on SECOND READING. ROLL CALL: Alderman Rolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1524. Alderman Ray moved, seconded by Alderman Bolden to further suspend the rules and place Ordinance 1524 on THIRD AND FINAL READING. ROLL CALL: Alderman Bolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance 1524. Alderman Ray moved, seconded by Alderman Bolden that Ordinance 1524 be APPROVED AND ADOPTED. ROLL CALL: Alderman Rolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED. Alderman Ray moved, seconded by Alderman Bolden that the EMERGENCY CLAUSE be attached to Ordinance 12524. ROLL CALL: Alderman Bolden, McCleary, Ray, Traylor, Twitty, Smith and Howard voted AYE. NAY (0). MOTION CARRIED . ORDINANCE 1524 (#4-2015) APPROVED AND ADOTED THIS lgTH DAY OF FEBRUARY , 2015 APPOINTMENTS: CIVIL SERVICE APPOINTMENTS Alderman Howard moved, seconded by Alderman Bolden to approve the appointments of Harold Stringfellow Sr. and Mark Evans for terms to expire 04/01/2017.  CITY OF JACKSONVILLE REGULAR CITY COUNCIL MEETING FEBRUARY 19, 2015 7:00 P.M. - 7:18 P.M. ANNOUNCMENTS: Keep Jacksonville Arkansas Beautiful Jim Moore, the Execut lve Direct or of Keep Jacksorlvllle Arkarisas Beaut 1ful announced that they are planning to conduct tours across the five wards of the City to compile information and photographs of the areas that need attention in making the City more attractive. He stated that they would like to set up a program where they tour the City wards with the two aldermen from each ward. He noted that the commercial areas would also be considered for improvements. He related that the object is to make the City more appealing to the citizens and future citizens who desire to move to Jacksonville. He stated that he would like to schedule one day a week to go through one ward. He explained that along with the Alderman, he would like Code Enforcement, the Police Chief and Fire Chief or their representative to go with the tours. He asked that the Alderman decide the date they would be available, adding that transportation will be provided. He added that the program is set to begin Friday, April l o t h and the second day will be April 24th. He asked the Alderman to contact him regarding availability. Alderman Smith agreed to be the first ward for tour. Mayor Fletcher thanked Mr. Moore for his leadership and volunteerism in the Keep Jacksonville Arkansas Beautiful. Alderman Kay noted that the Arkansas Municipal League has free advertisement on late-night television, which might be beneficial for the City. ADJOURNMENT : Without objection, Mayor Fletcher adjourned the meeting at approximately 7:18 p.m. MOTION CARRIED. Respectfully, Susan L. Davitt MAYOR GARY FLETCHER City Clerk-Treasurer  CITY OF JACKSONVILLE To: Mayor Fletcher, Jacksonville City Council From: Engineering Department Please find below the consent agenda for the Engineering Department ENGINEERING REPORT FOR FEBRUARY 2015 PERMlTSlLlCENSE ISSUED Building Permits 7 Business License 12 INSPECTIONS PERFORMED Building Inspections 13 Electrical 24 Plumbing 17 HVACR 8  CITY OF JACKSONVILLE ANIMAL SHELTER MONTHLY REPORT REPORTING PERIOD: February-15 11March 2015 Honorable Gary Fletcher Members of the City Council City of Jacksonville Jacksonville, AR 72076 Gentlemen & Ladies: I respectfully submit a report of Emergency Response Act~vityfor the month of February 2015 Ambulance Responses classified as: Transported Runs 191 Non-Transported Runs 85 Estimated fire loss for the month: $8000.00 Savings total for the month: $67,000.00 Rescue (248) Fire (13) Rescue EMS Incidents, other (58) Structure Fire(4) Med~calAssist (30) Mobile Property/Vehicle Fire (1) Emergency Medical Service lnc~dents(160) Natural Vegetation Fire (7) Outside Rubbish Fire (1) Service Call (20) Service Call, other ( 2 ) Overpressure, Rupture, Explosion, Overheat- No Fire (1) Person in Distress (3) Excessive Heat, Scorch Burns with no Ignition (1) Smoker, Odor Problem (1) Public Service Assistance (12) - Hazardous Condition No Fire (3) Unauthorized Burning (2) Chemical Release, Reaction, or Toxic Condition ( 2 ) Electrical Wiring/Equipment Problem (1) False Alarm (27) False Alarm/False Call, other (10) Good Intent Call (11) Malicious, Mischievous False Alarm (2) Good Intent Call, other ( 3 ) System or Detector Malfunction (2) Dispatched & Canceled En Route (6) Unintent~onalSystem/Detector- No Fire (13) Controlled Burnlng (1) Steam, other Gas Mistaken for Smoke (1) Respectfully, /$f Alan Laughy, Chief Jacksonville Fire & Rescue Services  RESOLUTION NO. 725 ( # 0 1 - 2015) A RESOLUTION AUTHORIZING THE CITY OF JACKSONVILLE TO ENTER INTO A CONTMCT OF OBLIGATION WITH THE ARhXNSAS DEPARTMENT OF ENVIRONMENTAL QUALITY FOR THE CITYS SOLID WASTE DISPOSAL FACILITY; AND, FOR OTHER PURPOSES. WHEREAS, the City of Jacksonville, Arkansas, deems it necessary and proper to enter into a Contract of Obligation with the Arkansas Department of Environmental Quality as authorized under ACA g 8-6-1603, for part of the City's subrr~issionof a Solid Waste Disposal Facility for the City's Con-Iposting Facility. NOW, THEREFORE, BE I T RESOLVED BY THE CITY COUNCIL OF THE CITY OF JACKSONVILLE, ARK4 NSAS, THAT: SECTION ONE: The Mayor and City Clerk are hereby authorized to enter into a new Contract of Obligation, as affixed hereto, and to execute the new Contract of Obligation on behalf of the City of Jacksonville, Arkansas for its Solid Waste Disposal Facility, the City's Composting Facility. SECTION TWO: Any and all other Resolutions in conflict herewith are hereby repealed to the extent of said conflict. This Resolution shall be in effect from and after its date of passage. APPRO VED AND ADOPTED THIS DA Y OF MARCH, 2015. CT7-Y OF JACKSONVILLE, ARKANSAS GAR Y FLETCHER, MA YOR SUSAN DA V m , CITY CLERK APPROVED AS TO FORM: ROBERT E. BAMBURG, CT7-YA TTORNEY  CONTWCT OF OBLIGATION THIS ACWEMENT is made and entered into by and between the City of Jacksonville, Arkansas, hereinafter referred to as the CountyIMunicipality and the Arkansas Department of Environmental Quality, hereinafter referred to as the Department. Whereas, CountyMunicipality has submitted a permit application for the construction, operation and maintenance of a solid waste disposal or processing facility pursuant to the requirements of the Arkansas Solid Waste Management Act (Arkansas Code Annotated 58-6-201 etseq.) and the regulations promulgated thereunder. Whereas, pursuant to Arkansas Code Annotated 58-6-1603 a municipality or county may execute a "Contract of Obligation" in lieu of a performance bond to provide financial assurance for corrective actions, closure, or post-closure care of the site. Then, in consideration of the issuance of Permit No. 0023-SCYW-MC by the D e p m ~ e n tto the City of Jacksonville, for the operation of solid waste disposal site and solid waste management systems, and in consideration of the mutual covenants contained herein, the Department and the County/Municipality,hereby agree as follows: 1. The CountylMunicipality, is hereby bound unto the Department in the sum of Twenhr Five :rhousand ($25.000.0J and hereby authorizes the Director of the Department, or designee, to collect said sum from any general revenues being disbursed or to be disbursed from the State of Arkansas to the CountyIMunicipality upon failure of the County/Municipality to perform required corrective actions, close the facility or provide pst-closure care where applicable in accordance with the requirements of the Act and regulatioris promulgated thereunder. 2. Should the Department find that the County/Municipality has failed to perform corrective actions, properly close the facility or provide proper post-closure care where applicable, the Department shall notify the CountyMunicipality of such finding and shall afford the opportunity for administrative and judicial review of such finding prior to seeking collection of any funds as authorized under this contract. 3. The CountyMunicipality hereby authorizes the Commissioner of Revenues and the State Treasurer to withhold any funds fmrn general revenues being disbursed or to be disbursed fiom the State of Arkansas to the CountyMunicipality upon receiving notice from the Director of the Department of the CountyMunicipality's failure to perform corrective action, properly close the facility or provide proper post-closure care. 4. This contract shall terminate upon written approval from the Department that: (a) the facility has been closed in compliance with the requirements of the Act and the regulations; or (b) the owner or operator has completed post-closure care in compliance with the requirements of the Act and the regulations; or (c) the corrective action has been successfully completed in accordance with the Act and the regulation and financial assurance is no longer required. If the CitylMunicipality desires to terminate this contract prior to proper closure or post- closure care of the facility, or if the facility decides to provide an alternative form of corrective action financial assurance, where applicable, it must: (a) send a notice of termination in writing addressed and delivered to the Department; and (b) post with the Department an acceptable alternative as provided for in the regulations promulgated in accordance with Arkansas Code Annotated 58-6-1603, or by any rules and regulations adopted pursuant to the Act; and (c) receive a written acknowledgment fkom the Department of receipt by the Department of an acceptable alternative assurance of financial performance. 5. The County/Municipality has by resolution attached hereto and which is hereby incorporated herein and expressly made a part of this agreement, authorized the signatory thereof to execute this contract of obligation and bind the County/Municipality to the terms hereof. 6. The effective date of this contract is the date this contract is executed by the Director of the Department. IN WITNESS WHEREOF the parties hereto have set their hands and seals. City of Jacksonville, Arkansas Arkansas Department of Environmental Quality County/Municipality Department Gary Fletcher, Mayor Susan Speake, Programs Branch Solid Waste Management Division Signature of Agent Susan Speake Date Date  ORDINANCE NO. 1525 (#05-2015) AN ORDINANCE VACATING AND CLOSING A PORTION OF HENRY STREET, JACKSONVILLE, A R M NSAS (GENERAL LOCA TION: THAT PORTION OF HENRY STREET BEWEEN SMARTSTREETAND RA Y ROAD, JACKSONVILLE,A R M NSAS); AND, FOR OTHER PURPOSES. WHEREAS, the Jacksonville City Council hosted a public hearing regarding the closure and abandonment of that portion of Henry Street between Smart Street and Ray Road on March 5, 2015, with notice duly published as required by law. At said hearing, written approval of the surrounding property owner (Mt. Pisgah Baptist Church) was presented and utility companies expressed consent to the closing of that portion of said street, subject to reservation of easement rights for said utilities. NOW, THEREFORE,BE ITORDAINED AND ENAO E D BY THE CITYCOUNCIL OF THE CITY OF JACKSONVILLE, A R M NSAS: S E O I O N ONE: The real property, more partic~llarlydescribed as follows, is: Part of the Northwest Quarter of Section 29, T-3-N, R-1-lW, Pulaski Co~~nty, Arkansas, more particularly described as follows: Commencing at the NE corner of Lot 42, Block 0, of the East Dupree S~~bdivision, City of Jacksonville, Pulaski County, Arkansas, to the Point of Beginning; thence East 50' to the NW corner of Lot 43, Block 0, of the East Dupree Subdivision; thence South 130.25'to the SW corner of Lot 43, Block 0, of the East Dupree Subdivision; thence West 50' to the SE corner of Lot 42, Block 0, of the East Dupree Subdivision; thence IVorth 130.25'to the NE corner of Lot 42, Block 0, of the East Dupree Subdivision and the Point of Beginning. Containing 0.15 acres, more or less. (GENERAL LOCATION: That portion of Henry Street between Smart Street and Ray Road.) ORDMANCE NO. 1525 (#05 - 2015) Page Two Said real property and public easement are hereby closed and vacated under the powers granted to Cities of the First Class in the State of Arkansas, subject or~lyto reservation of easement rights and privileges for private and m~~nicipal utility companies. The Mayor and City Clerk are hereby duly authorized and directed to enter into an Agreement with those adjoining and abutting property owners to transfer title to said property. The Agreement shall close and abandon said street rights-of-way, with the real property described reverting to said property owners in accordance with State law. SECTION TWO: A copy of this Ordinance, d ~ ~ l y certified by the City Clerk, shall be filed in the Office of the Recorder of the County and recorded in the Deed Records of the County, hereby amending the plat recorded on November 1, 1920, in the Pulaski County Circuit Clerk Records. SECTION THREE: All Ordinances, parts of Ordinances, or previous actions taken by said Council in conflict herewith are hereby repealed to the extent of such conflict. SECTION FOUR: This Ordinance shall take effect irr~mediately upon passage and publication, as provided by and subject to the requirements of applicable law. APPROVED AND ADOPTED THIS DAY OF MARCH, 2015. CITY OF JACKSONVILLE, ARKANSAS MAYOR GARY FLETCHER ATTEST: APPROVED AS TO FORM: SUSAN DAVITT, CITY CLERK ROBERT E. BAIY BLIRG, CITY ATTORNEY