2001City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JANUARY 4, 2001 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL :
3 . PRESENTATION OF
MINUTES :
4 . APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
{Animal Control}
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11. PARKS & REC DEPT:
12. PLANNING COMMISSION:
13. GENERAL :
14. APPOINTMENTS:
15 . ANNOUNCEMENTS :
ADJOURNMENT
CEREMONY TO SWEAR IN
ELECTED OFF ICIALS
Regular City Council Meeting
December 21, 2000
Regular City Council Meeting
December 7, 2000
Regular Monthly Report/December
Annua1Reportfor2000
Director of Administration M. Green
Executive Summary and
Capital Projects Plan Approval
PLANNING COMMISSON:
Reappointment of Lester Piggee
Term to expire 1-1-2004
Appointment of Mark Perry
Term to expire 1-1-2004
Annexation Public Hearing
January 8 , 2001 6:00 P.M.
City Hall will be Closed Monday
January 15th in Observance of Martin
Luther King 's Birthday
000Zl7
Ono-:·p v .. _\.a
OATH OF OFFICE CEREMONY
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4 , 2001
7:00 P .M. - 7 :34 P .M.
Mayor Swaim announced that Justice of the Peace Dennis Sobba was
present to officiate an "Oath of Office Ceremony". Mr . Sobba
admin i stered oaths to re-el ected and newly elected Aldermen .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met in
Regular Session on January 4 , 2001 at the regular meeting place of
the Council. Alderman Stroud delivered the i nvocation and Mayor
Swaim led a standing audience in the "Pledge o f Al l egiance" to the
flag .
ROLL CALL : Aldermen: Elliott , Smith , Lewis, San sing, Ray, Wilson,
Fletcher Stroud , Twitty and Howard answered . Mayor Swaim also
answered ROL L CALL declaring a quorum . PRESENT ten (10), ABSE NT
( 0) .
Others present for the meeting were: City Attorney Robert E.
Bamburg , Deputy City Clerk Melanie Gr een , Director of
Administration Murice Gre en , City Engineer Jay Whisker , Finance
Director Paul Mushrush, Purchasing Agent C.J . Brown , Police Chief
Hibbs , Fire Chief Vanderhoof, Deputy of Public Wo rks J immy Oakley,
Parks and Recreation Director George Biggs, Parks Assistant
Administrator Patty Walker, Fireman Bill P l unk , CDB G Director
Theresa Watso n, Mrs . J udy Swaim, Mrs. Hazel Stroud , Mrs . DeDe
Hibbs , Mrs . Addie Gibson, Mr . Tommy Dupree , Mrs. Sandra Sa nsing ,
Mrs . Lendy Lewis, Jacksonville Patriot Reporter Peggy Koury , Leader
Newspaper Reporter Rick Kron , and interested citizens.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council
Meeting of December 21 , 2000 for approval and/or correction at the
next Regular City Counci l Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes
of the Regular City Council Meeting of 7 December 2000 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman Ray to APPROVE the
monthly Animal Control Report for December 2000 and the Annua.l
Report . Report reflects the following:
1
000219
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4 , 2001
7 :00 P .M. -7:34 P.M .
DECEMBER:
ANNUAL FOR 2000 :
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
325.00
.00
325.00
325.00
6,660.50
.0 0
6,660 .50
6,660 .5 0
Mr. Green related that December experienced over 5 0% adopt i on rate
for the animals received by the Shelter during the month , a nd a 30 %
overall adoption rate increase from last year .
ROLL CALL : Alderman Elliott, Smith, Lewis , Sansing, Ray, Wilson,
Fletcher, Stroud, Twitty and Howard voted AYE . (0) voted NAY.
MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT:
GENERAL : Executive Summary And Capital Projects Plan
Mayor Swa im presented a report of the 2001 Capital Projects Fund
regarding dedicated reserve funds. He p o inted out tha t a
significant portion of the funds are not available to the General
Fund; explaining that $706 ,841 is designat ed for Industr i al
Development pointing out that it is tied to t he donation of the
Fra nkl in Electric Building under the condition t h a t sa le procee d s
be used for Industrial Parks or to promote i n dustry . He s t a t e d
tha t alth ough li sted it is not a general fund expenditure , add i ng
that the amount h as g r own f r om 500 ,000 through buy i ng and sel ling
property over the years. He stated that a gas lin e was recently
run on part of the property to enhance the sa le price. He stated
that t h o se funds are administered by the Ch amber Foundation as
aut horized i n contract by the City Council . He noted that $250,000
has been set aside for the Animal Shelter project a n d pointed out
that the Capital Constructi on Fund includes improvements t o the
f iring r ange , awning replacement a t the Po lice Department, a
bicycle storage area, and roofing for t he library .
2
0 .,.-y-?0 00 .c ~
CITY OF JAC KSONVILLE
REGULAR CITY COUNCI L MEETING
JANUARY 4, 2001
7:00 P .M . - 7 :34 P.M.
He stated that $80,400 of capital improvement funds went into this
year's budget. He then pointed out dedicated funds regarding
matching funds for the overpass at approximately $716 ,000 ,
extension of Second Street is estimated at $500,000, adding that
other funds are dedicated to projects previously approved by
Council.
In response to a question from Alderman Wilson, Mayor Swaim relatej
that Bond Engineering has completed preliminary plans for the
Second Street Reconstruction project, adding that those plans have
been submitted to the Highway Department . He then related that
there was $25 ,000 available for the preliminary engineering work
but it tied the City to Federal regula tions including a
environmenta l impact study and other regulat ion s . He pointed out
that by changing the scope of the project, the City more than saved
the $25,000 in grant funding .
Discussion ensued and it was related that the project is scheduled
to tie into Hwy 161 at the Bailey Street intersection . Mayor
Swaim stated that less had been budgeted, and that after a meet ing
with the Highway Department regarding street acceptance, the City's
proposal is to trade the improvements on Second Street and Hwy 161
over State required improvements from Main Street over to North
First Street. He related that t he City increased the amount by
estimating cost to make those improvements tha t the Highway
Department required on that section before they would take it i n to
the State Highway system .
Alderman Fletcher questioned a traffic patte rn study , mentioning
concerns for the James Street area. He suggested t hat the Street
Department Committee host a public hearing to vent frustrations and
prioritize counts and patterns. He added that he understood part
of the problem is that a majority of the property is located on
State rights -of -way .
Mayor Swaim agreed, pointing out that the entire i ntersection at
James Street is State right -of-way. He then pointed out that T .P.
White , John Harden, and the overpass intersections are actually
State roads. He related that the City proposed to the Highway
Department that James Street become a thr ee -lane street with a
right -turn lane at the north end, adding that th e proposal was
re j ected. He stated tha t the Highway Departmen t feels that the
only way to improve that situation i s to widen the bridge, and tt.e
Highway Department is not prepared to incur that cost. He of fered
that the City has the capability to perform a traffic count, a~d
has done so in many different areas over the years . He then stated
that the City would be glad to perform a City wide traffic plan if
3
00022 1.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2001
7:00 P.M. - 7 :34 P .M.
possible or if needed hire a consultant to develop a traffic
pattern plan. He stated that he was surprised and pleased
regarding how well the tra ffi c fl owed in t he Wal-Mart area despite
the location c hange , addi ng that it is no more congested than it
was wh en Wa l-Mart was located on the other side of the freeway. He
mentioned optional traffic avenues to improve the James Street
situation. He then related that the State Highway Depa r tme nt is
proposing to change access roads from McCain Mall through Sherwood
t o one -lane roads. He stated that part o f the High way Departments
overall objectives i s to change all access roads into one -lane
roads in the future. He acknowledge a slow down of traffic at
James Street and its inconvenience, adding that t here are other
areas more congested . He stated that the City is attracting more
traffic into town because of local businesses and the Highway
Comm ittee n eeds to review tha t .
Alderman Wilson pointed out a potentially dangerous situation
regarding northbound v ehic l es exiting off Hwy 167 at the Vandenburg
exit and stacking up back to the freeway .
Mayor Swaim stated that he is familiar with that situation, saying
that a lot of North Pulaski County uses North First Street to enter
on the freeway , which causes problems at the exit in the afternoon .
He then stated that, however the Highway Department has moved the
widen i ng of Graham Road to four -lanes up on the list. He related
that the City had been concerned that this improvement would take
a number o f years be fore it caught the attent i on of t he Highway
Department , adding that the first stage should begin thi s year .
Mayor Swaim e n couraged Council to study the report and breakdowns
regarding Sales Tax revenues and General Fund expenditures,
pointing out that Pub lic Safety and Pub l ic Works rece i ves the
largest amount . He stated that those areas s h ould be of interest
and he hopes that Council can utilize the document regarding
citizen questions throughout the year concerni n g the budget or
allocated funding.
Mayor Swaim related that there are additiona l drainage project s not
yet at a stage t h a t would warrant listing , adding that drainage
improvements have come a long way with many more projects to come .
He stated that it would have taken f i ve pages to l ist all drainage
concerns, pointing out there are a few projects that need to be
addressed, adding t hat the City is now using corrugated pipe for
underground di t ches which l ast longer than the meta l piping.
Mayor Swaim commended Mr . Mushrush 's efforts, saying that the
object i ve i s t o make it easy for a n yone to obtain budget
informat i on . He then complimented the detailed budget .
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 4 , 2001
7:00 P.M . - 7 :34 P.M.
Alderman Smith moved , seconded by Alderman Lewis to approve the:!
Executive Summary and Capital Projects Plan for 2001 . MOTION
CARRIED.
APPOINTMENTS :
Alderman Wilson moved, seconded by Alderman Ray to approve th•:!
reappointment of Lester P i ggee to serve o n the Planning Commission
for a term to expi re 01/01/2004 ; and to approv e the appointment o :f
Mark Perry to serve on the Planning Commission for a term to expir•a
01/01/2004. MOTION CARRIED.
ANNOUNCEMENTS:
Mayor Swaim related that information regarding the west and soutn
proposed annexat i ons will be ava il able at the public hearing to be
held January 8 6:00p.m ., at Ci ty Ha ll .
He then related that progress is on going but slow from the storn
clean up , adding t hat there are still l imbs all over town . He
related that t he City is attempting to es t imate costs as requested
by FHMA , add i ng that at last count there have been 365 loads for
disposal . He stated that the City is hauling l imbs on a daily
basis and is setting up more equipment to increase that abi lity . He
related t hat because of the massive amount the City is unable to
gr i nd the material , adding that it is bei ng burned in a pit . He
relat ed that one problem caus i n g a slow down i s that there are very
few areas in the City that are remote enough to continue the flow
of heavy equipment in and out of as the ground thaws and becomes
soft and muddy . He stated that this will l ength en the time
required to complete clean -up operations. He related that efforts
to rent additional equ i pment from suppliers or bor r owing o the r
cities equipment that did not suffer the amount of damage
Jackson ville did. He related that the City is proceeding with the
clean-up rather than the option of stopping and waiting fo r FHM A
app r ova l for contracted help. He re l ated that he knows th e
citizens want to see progress being made , so the City will continue
to move limbs from residences.
Al derman Smith sugges t ed the City forward a letter of appreciaticn
to En tergy for its responsivenes s during the storms.
Mayor Swaim stated that he, as well as other mayors and judges met
to discuss Certificates of Appreciation , adding that he is v e ry
apprecia t ive of those e f forts because Jacksonvi l l e was able to be
back on l i ne faster than othe r areas .
5
00022 3
CITY OF JACKSONVILLE ·
REGULAR CITY COUNCIL MEETING
JANUARY 4, 2001
7:00 P.M. -7:34 P.M.
Alderman Wilson recognized efforts by Mayor Swaim and City
employees, adding that it was very helpful that the City worked
with E nt ergy to resolve the situation as quick ly a s possible . He
then po inted out that wh en it snow the City employees were back on
d uty s al ting and sanding the roads.
Mayor Swaim pointed out that most of the City street crew worked
the ma j ority of Christmas Day to salt and sand the streets , he also
noted the Police an d Fire who norma lly h ave to wor k on hol idays .
Alderma n Ray no t ed that th e Community Center offered i tself as an
emergency shelter f or those wi thout electricity and was deemed
successful and appreciated .
Mayor Swaim announced that City Hall will be closed in observance
o f Martin Luther Ki n g's birthday January 15, 2 00 1.
I t was noted that the An imal She l ter meeting will be held Thursday
January 11th at 7:00 p.m.
Mayor Swaim related a l etter from e lde rly res ide nt unab le to clean
the limbs from h er back yard and explained that he f elt sure that
are civic organi za tions to he lp , adding that more informat i on wi ll
be obtained regarding those organizations .
ADJOURNMENT:
Mayor Swaim without objection
approximately 7 :34p.m.
Respect f ully ,
6
adjourned the meeting at
0 00224: City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JANUARY 18, 2001 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT:
12. PLANNING COMMISSION: a .
b .
c .
13 . GENERAL:
14 . APPOINTMENTS :
15. ANNOUNCEMENTS:
ADJOURNMENT
Regular City Council Meeting
January 4, 2001
Regular City Council Meeting
December 21 , 2000
Regular Monthly Report/December
Police Chief Hibbs
Regular Monthly Report/December
Fire Chief Vanderhoof
ORDINANCE 1147 (#1-01 ):
Reclassifying Property/R-1 to C-1
SE Corner of T.P . White & No. James
ORDINANCE 1148 (#2-01 ):
Reclassifying Property/R-4 to C-2
Intersection of Ellis, Trickey &
Redmond Roads
FINAL PLAT: Jordan Acres Subdivision
STATE OF THE CITY
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2001
7:00 P.M . -7:57 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t he City of Jack son ville , Arkansas met in
Regular Session on January 18 , 2001 a t the regular meeting place of
th e Co unci l. Alde rman Sm i th de livered the invocation and Mayor
Swa i m led a stan ding audience i n the "Pledge of Allegiance" to the
flag.
ROLL CALL : Aldermen : Elliott, Smith , Lewis, Sansing , Ray , Wilson ,
Fletcher, Stroud, Twitty and Howard answered . Mayor Swaim also
ans wered ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0).
Other s present for t he meeting we re: City Attorney Robert E .
Bamburg, Depu ty City Clerk Me lanie Green, Director of
Administrati o n Murice Green , City Engineer Jay Whisker , Finance
Director Paul Mushru sh , Purchasing Agent C.J . Brown , Police Chief
Hibbs , Fire Chie f Vanderhoof , Deputy of Pu blic Works J i mmy Oakley ,
Parks and Recreation Director George Biggs , Pa r ks Assistant
Admi ni st rator Patty Walker, Jacksonville Wa te r Superintend ent Ken
Anderson, Wastewater Ma n ager Thea Hughes , CDBG Director Theresa
Watson , Mrs . Judy Swaim , Mr s . Ed i th Smith, Mrs . Helen Stroud, Mrs .
DeDe Hibbs, Mrs . Addie Gibson , Mr . Tommy Dupree, Mrs . Sandra
Sansing , Mrs . Lendy Lewis , Mr . Rocky Mantooth, Jacksonville Patriot
Reporte r Peggy Koury , Leader Newspaper Repo r te r Rick Kron , and
interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Counc i l
Meeting of January 4, 2001 for approval and/or correction at the
next Regu l ar 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 21 December 2000 be
APPROVED. MOTION CARRIED .
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Mayor Swaim noted that the monthly Police Department report would
be res ubm itted with complete totals at the next regularly scheduled
Ci ty Council meeting .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Sansing to approve the
Regular Monthly Report for December, which reflects a fire loss of
$222,100.00, and a Savings Total of $400 ,500.00.
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18 , 2001
7:00 P .M. -7:57 P.M .
ROLL CALL: Aldermen Elliott , Smith, Lewis, Sansing , Ray, Wilson ,,
Fletcher , Stroud, Twitty , and Howard voted AYE. Motion received
(10) AYE. (0) NAY . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION: a. ORDINANCE 1147 (#1-01)
AN ORDINANCE RECLASSIFY ING PROPERTY IN THE CI TY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: SOUTHEAST CORNER OF T . P . WHITE AND
NORTH JAMES, JAC KSONV ILLE, ARKANSAS) ; AMENDING ORDINANCE NUMBERS
213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE,
ARKANSAS; AND, FOR OTHER PURPOSES .
Mayor Swaim provided a genera l description of the location of the
property and related that a small building is located on the
property .
Alderman Smith moved , seconded by Alderman Lew is t ha t Ordinance
1147 be p l aced on FIRST READING .
In response to the request for discussion, Alderman Stroud related
that he had a t tended the Planning Commission meeting which
or i g i nally dea l t with t he item , he further related decent among its
members regardin g unanimous approval . He re lated that the rezoning
is in direct conflict of the Bill of Assurance rega rding the
neighborhood . He went on to say that the issue has been before the
court system and that the desire of the neighborhood residents was
uphel d. He stated that he is opposed t o the passage of Ordinance
1147 .
Alderman Wi l son stated that he was made awa re of a second Bill of
Assurance t hat a l lows rezoning of the property to commercial. He
concurred that it i s not good bus iness to overr i de a Bi ll of
Assurance , but added that appa r ent ly a second Bi ll of Assurance
addresses t hat is su e and before proceeding the Council and
neighborhood reside nts need to be aware of thos e provisions .
City At torney Bamburg stated tha t in th e 1 983 court r u ling , the
Judge struck the second Bill of Ass u ran c e a nd reve rt ed to t h e
original Bill of Assurance.
2
000227
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2001
7:00 P.M. -7:57 P.M .
Alderman Fletcher voiced concerns regarding increased traffic
problems at the James Street bridge, adding that he could not see
the benefit of additional commercial property given present traffic
considerations.
Discussion ensued and it was noted that th e rez oni ng request has
been before the Planning Commission and the City Council on several
occasions and that the recommendation passed with a majority vote
but not a unanimous vote by the Planning Commission.
Alderman Stroud noted decent from neighborhood residents.
Alderman Wilson questioned if the State Attorney General has be en
consulted regarding a legal opinion as to whether cities should be
involved in a rezoning prohibited by a Bi ll of Assurance.
City Attorney Bamburg stated that in the last round that addressed
this par ticular property, the Attorney General's office was asked
to address the issue of what the Planning Commission or the City
Council had to do when matters were against a Bill of Assurance,
adding that his recollection of that opin i on was that the Bill of
Assurance was a factor for the Commission or Council to consider in
making a decision on that circumstance. He then stated that it is
not t h e Planning Commission or City Counci l 's pos i tion to enforce
the terms of the Bill of Assurance which is the responsibility of
the individual property owners of that neighborhood.
Alderman Wilson pointed out that if the property is rezoned and the
Bill of Ass u rance prohibits re zoning , then it forces the residents
through the court system to reso l ve what was not permissible in the
first place. He added however that in 1954 , at the time the Bill
of Assurance was filed, there would have been no way to have known
that US Hwy 67/167 was going through the area . He stated that in
looking a t the property it could be considered ideal for commercia l
because it is at an inter sect ion of a four lane street and a
freeway , but presents a quandary if rezoning overr i des the Bi ll of
Assurance.
Alderman Twitty stated that as ide from the Bill of Assurance, she
had received telephone ca ll s from residents on Hospital Drive who
definitely do n ot want the rezoning.
Mr. Lloyd Friedman stated that consideration regarding the property
has been on going for appro ximately 35 -years and that the Bill of
Assura n ce from 1954 expired January 2000. He then explained that
lot 2 was rezoned C-2 by the court at that time . He related that
he felt the nature of the property is commercial , adding that
Metroplan recommended that the City Use Map reflect commercial . He
3
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
JANUARY 18 , 2001
7:00 P.M. -7:57 P .M.
further stated that he fe l t no one wo ul d buy the property for
res i dential de v elopment . He related efforts to clean up t hE:!
property regarding the view as traffic passes on the highway r
adding that the appearance o f a 1960 mobile home there does not do
the City much good . He related that he be lieve s over the years
there h as be en prope r t y rezoned over the Bi l l of Assurance ,,
pointing out that Mr . Bamburg's office and Dr . Coopers office was
a rezoning with a Bill of Assurance. He stated that he felt J ame s
Street all the way to the highway is going to be commercial in the
next 20 yea r s . He stated that in the o r ig inal plat of Edgewood
Subdivis i on there was a lot 1 that was taken in by the Highway
Department. He stated he understood some people being upset about
re z oning and changes, but in looking a t the property with the
proper greenery and division it is not going to hurt anybody . He
t hen related that the Planning Commission did stipulate that any
p l ans had to b e submitted to them for approval, to ma k e su r e there
we r e g r een areas and separation. He concluded saying that the
propert y needs to be cleaned up regarding hi ghwa y 67 north and t hat
the Pl ann i ng Commission will revi ew all plans rega r ding approval.
Discuss i on ensued regarding e xp iration of the original Bill of
Assurance , City At torney Bamburg related that the Bi ll of Assurance
had an expiration date of January 1 , 2000, however , it has an
aut omatic renewa l provi sion un l ess there are changes made. He
s t ated t hat there were no changes , so i t had an automatic renewa l
that took affec t on that same day .
Mr . F r iedman of f ered that on l y two resident s from the entire
neighborh ood were present at the Planning Commission meeting ,
addin g that he d i d not feel t h a t with a neighborhood as large as
Edgewood Subdivision that the ma jority of the people are opposed to
it.
Alderman Ray mentioned
c l eanup of t he frontage
understanding to possibly
the neighborhood.
cons i d e ration years ago regarding the
propert y , adding that it was a l so h i s
construct a wa l l in the rear to separate
Mr . Fr i edman re l ated that presently t here is a privacy fence east
and west separ a t i ng it , adding that greenery needs to be used on
North Hospital . He then related t h at he did tell the Planning
Commission that there would not be any access from North Hosp i tal
Street , the access will be f r om T .P. White and James Street .
Ms. Joyce War d of 708 North Jame s Street stated that she had
attended the Planning Commiss i on meeting when they decided to
rezone lot s 2 , 3 and 4 as commercial. She related that it is her
understanding that lot 2 was zoned sometime in the past, but she
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING .
JANUARY 18, 2 001
7 :00 P.M. - 7 :57 P .M .
does not know why that ever took p l ace when it wa s under a Bill of
Assurance. She stated that she does not know what good a Bill of
Assurance is , if someone decides they want that piece of property
and they take it away from us and the Bi l l o f Assurance is no good .
She stated that she has ow ned her property app rox imately 3 or 4
years, adding that when she purchased her pr o perty she bought it
under a Bill of Assurance that states ther e is not going to be a
business across the street from her residence . She related that it
has been said there will n o t be an opening on Hospital Drive , but
she thought the r e was not going to be a business in the first
place . She stated that she will a lmost guarantee the developer is
going to come back and wan t a driveway o n Hospital Drive. She
stated that there were t hree r es idents at the Planning Commission
meeting and more here tonight , adding that she does not f ee l Mr.
F riedman can speak for t he majo rity of the residents in the
subdivision , adding that to override a Bi ll of Assurance you need
a ma j ority of the residents to agre e. She stated that if a
peti t i on was circulated she did not feel there would be a problem
gett i ng enough signatures to disagree with overriding the Bill of
Assurance . She asked the Council if a proposed building across the
street from their h om es was pro p os ed would they feel it is going t o
devalue their property . She related that she is not of an age
where she can just pick up, leave and go somewhere else . She
stated tha t regarding c l eanup o f th e prop e rty , all it needs is to
tear the o l d building down, adding that it does n o t mean there
needs to be a building there. She sta ted that she couldn 't see
l ooking o ut her garage doo r at the back end of a building. She
re l ated that she h ad looked at the building where Merle Norman is
located and related that one of the gent l eman on the Plann i ng
Commission last week had said that if he l ived in that little house
next door he wou l d not l i ke that view either. She stated that she
is urging the Counc il n ot to approve the rez o ning , saying that it
is not for the benefit of the neighborhood, it is not for the
benef i t of anybody h ere u n less it is for revenue for the City of
Jacksonv i lle. She s t a t ed that she doub ted v e ry seriousl y that it
is going to give enough business to warrant the need t o ta ke away
our Bill of Assurance . She asked what is a Bill of Assu rance in
the first place.
Mayor Swaim related that the Bil l of Assurance is an agreement
among the i ndividu a l s in a subdi v ision and the City doe s no t have
enforcement authority. He clarified that the enforcement belongs
to the residents and is n o t an authority given t o City government .
In response to another question from Ms . Ward, Mayo r Swaim relat ed
that enforcement means i f the City Counc i l were to override the
Bill of Assurance , the r es idents have the right to c ontest that
action in a court of law.
5
ooo z:o
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 1 8, 2001
7:00 P .M. - 7 :57 P .M.
Ms . Ward stated that it probably would come to that , adding that
the res i dents like their property just like it is and does not need
a building stuck on it.
In response to a question from Mr. Friedman regarding the permitted
uses for C-2, Ci ty Atto r ney Bamburg clari fied that permitted uses
are churches and accessory building , beauty and barber shop ,
daycare facilities, public building, public utility offices and
rights -of-way , private clubs and lodges , professional and genera l
offices , financial institutions, convenience goods and services ,
retail consumer goods stores , restaurants, indoor theaters , bowling
alleys , parking lots. He went on to say that conditional use5
include any use permitted in R-2, R-3, R-4 , C-1, mini warehouses ,
schools public pr i vate or nursery, commercial recreation, service~:
stations , auto repair, drive in restaurant, public utility
facilities , taverns, automatic car wash and mo t or veh i c l e parts
repair sales and or towing.
Mr. Friedman said that everyone agrees that the corner of the
property is zoned C-2 now and then questioned the permitted uses in
a C-1 zone .
City Attorney Bamburg clarified that C-1 permitted uses include
churches and accessory buildings , schools public private and
nursery , community facilities, public buildings , public utilit y
o ffices and rights -of -way , professional and general offices,
hospitals and clinics, funera l homes, financial institutions,
beauty and barber shops , laundry pick up stations, coin operated
laundries and pharmacies and day care facilities. Conditional uses
under t hat category inc l ude all permitted in R-0, R-1 , R-1A, R-2 ,
R-3 , R-4 or R-5 , commercial recreati on s , parking lot, storag(=
facilities , retail consumer goods stores , and restaurants .
Mr . Friedman stated that he i s not trying to challenge, but wanted
to bring everyone's attention to the fact that the corner i s zoned
C-2 and present l y tha t lot can have a private club. Further
illustrating that peppers could be moved to that lot or ~
convenience store. He relat ed that he is asking for the rezonin~
of lot 3 and lot 4 to C-1 , which assures the neighborhood that
there could not be a "honky tonk" there but offices , professional
building, a qu iet business . He stated that he thought the
neighborhood wou l d have greater concern because t h e corner lo t is
C-2 , adding that if the residents do not allow devel opme nt for
o f fice use, then the corner could go some other way as provided by
t h e law. He stated that really the neighborhood would have
protection and he assured Council that it could be included in an
ordinance that there would be not access from Hospital Drive .
6
0002 21.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2001
7:00 P.M . -7:57 P .M.
Alderman Elliott mentioned consideration for the enforcement factor
regarding the Attorney General's opinion and noted that the while
it is helpful regarding good zoning practice that the City Land Us e
Map does recommend the a rea as commercial , there i s still some
qu estion to rezon i ng if it contests the Bill of Assurance.
Alderman Sansing stated that rezoni ng with a contested Bill of
Assurance would essentially be forcing the residents to spend money
in court to do what they have done once already. He voiced concern
r egarding the opinion of the neighborhood residents affected.
Alderman Stroud sympathized with Mr . Friedman 's p osit ion, but
stated that if the City fathers make a habit of overriding Bill of
Assurances i t se ts bad precedent. He expressed concern for
citizens who would want to move to Jacksonville, adding that it is
his recomme n dation to return t h e item to the Planning Commission .
He suggested possibly it could be worked out with the majority of
the citizens by petition.
In response to a question from Alderman Wilson, City Attorney
Bamburg stated t h at in essence with what the Attorney Genera l's
off i ce has rendered as t he opinion they have said from the city
standpoint, that it is not a city obligation , now as to whe t her
they have ruled in favor or against Bills of Assurance depends on
the circum stances for each because Bills of Assurance are drafted
differently. He stated that he feels given the general nature of
the law the Bi ll of Assurance is going to be upheld.
City Attorney Bamburg then related that this particular Bi ll of
Assurance has been upheld once by the court with the except i on of
lot 2 where the C-2 zoning had already been app lied and that was
done because t he building had been up and i n u se in that capacity
f or a number of years before the lawsuit was filed.
In response to the consensus to return the item to the Planning
Commission , Mayor Swaim clarified that currently the motion on the
floor is to place Ordinance 1147 on first reading , he asked if
there is a substitute motion.
Alderman Ray moved, seconded by Alderman Smith to substitute the
original motion and move to return Ordinance 1147 to the Planning
Commission for reconsideration.
Mayor Swaim explained tha t the substitute motion takes precedent
over the main motion.
At this time, the motion passed unanimously by a roll call vote.
7
O no ~"'l? .., :1, ... 1"'-
b . ORDINANCE 1148 (#2 -01)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 1 8 , 2001
7 :00 P .M. - 7 :57 P .M.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: INTERSECTION OF ELLIS, TRICKEY LANE,
AND REDMOND ROAD, JACKSONVILLE, ARKANSAS) ; AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF
JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1 148
be placed on FIRST READING . ROLL CALL: Aldermen Elliott , Smith ,
Lewis, Sansing , Ray, Wilson, Fletcher, Stroud , Twitty , and Howard
voted AYE . NAY (0). Motion received ten (10) affirmative votes, (0)
negative votes. MOTION CARRIED. Whereupon , City Attorney Bamburg
read t he Ordinance .
Alderman Ray moved , seconded by Alderman Wilson to dispense witt
the reading of Ordinance 11 48 in i ts entirety . RO LL CALL : Aldermen
Elliott , Smith , Lewis , Sansing , Ray , Wilson, Fletcher, Stroud ,
Twi t ty , and Howard voted AYE . NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED . City
Attorney Bamburg read Ordinance 1148 heading onl y .
Alderman Elliott moved , seconded by Alderman Sm i th t o approve
Ordinance 1148 on FIRST READING. With no one to speak in
opposition , ROL L CALL : Aldermen Elliott, Smith , Lewis , Sansing,
Ray , Wilson , Fletcher , Stroud, Twi tty , and Howard voted AYE . NAY.
( 0) . Motion received ten (10) affirmative v otes, (0) negativE~
votes. MOTION CARRIED .
Alderman Lewis moved , seconded by Alderman Howard to suspend the
rules and place Ordinance 114 8 on SECOND READING. ROLL CA LL :
Aldermen Elliott , Smith , Lewis, Sansing , Ray , Wilson , Fletcher,
Stroud , Twitty, and Howard vo t ed AYE. NAY (0). Motion received
ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Elliott moved , seconded by Alderman Lewis to further:-
suspend the rules and place Ordinance 1148 o n THIRD AND FINAL
READING. ROLL CALL : Alderme n Elliott , Smith, Lewis , Sansing , Ray ,
Wilson, Fletche r, Stroud, Twitty, and Howard voted AYE . NA Y (0).
Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1148. ROLL CALL : Aldermen Elliott , Sm ith , Lewis ,
Sansing , Ray, Wilson , Fletcher , Stroud, Twitty , and Howard voted
AYE . NAY ( 0) . Motion received ten (10) aff irmative votes, (0)
negative votes . MOTION CARRIED.
8
000233
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETINC:
JANUARY 18, 2001
7 :00 P .M. -7:57 P .M.
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1 1 48 THIS THE 18TH DAY OF
JANUARY 2001 .
c . FINAL PLAT/JORDAN ACRES SUBDIVISION
Mayor Swaim noted that the ite m has been recommended for passage
from the Planning Commission .
Alderman Smith mo v ed , seconded b y Alderman Wilson to appro v e the
Final Plat of Jordan Acres Subdivi sion . MOTION CARRIED .
Alderman Ray noted that the subdivision has only one access for
ingress and egress on Hwy 294.
GENERAL : a . Water Department Annual Report
Mr. Ken Anderson stated that the Waterworks is in good shape for
the 2000 year. He summarized the Water Works accomplishments for
2000, point i ng out that under the guidance of the Jacksonville
Water Commission chaired by Thad Gray, it is reported t ha t they
completed anot her year under budget while making many improvements
to the water system.
He stated that due to the dry summer in 2000, Water Works h i t an
all t i me high for production of water On August 30, it reached a
year high of 10 .4 mill i on gallons , which was over t h e previous
record of 9.5 million on July 6, 1998. The total production for
the year was 2 .2 bil l ion ga l lons , wh i ch was an 8.4% i ncrease from
the previ ous year . The average daily f low was 5.9 million gal l ons.
One of the major proj ects completed was the installat i on of a SCADA
system (S u pervisory Co n trol Data Acquisition Sys tem), which
operates the wells, high service pumps at the E ast Plant , and the
water tank leve l s. This project has greatly improved the
capability to monitor the sys t em from a computer at the plan or
ma in o f fice. Duri ng t h e recent ice storm, the SCADA system t h a t
operates with radio signals he l ped our staff get water to our
customers while connected to a power generator.
Water Works forces and contractors install ed 8 ,660 linear feet of
pipe , 9 new fire hydrants, and 37 valves. Also , the me t er
department completed a 3-year proj ect of repl acing t he water meters
throughout t he water system with 6 ,749 new meters .
I n response to a question from Alderman Fl etcher , Mr . Anderson
related that the 40% increase i n bad debt from 1 999 to 2000
inc l uded an extra 3-mon t h s write-off, expl aining that it reflects
a fifteen month wri te -off instead of the normal twel ve month write-
off in order to move t he amount closer to a more current write -off.
9
0 00734
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2001
7:00 P.M. -7:57 P.M.
Mr. Anderson then related that Cabot is still purchasing the normal
quantities of water, but have indicated that by early summer, they
wil l have their well system on line and should begin to decrease
water purchases from Jacksonville.
It was noted that the Water Department currently has seven (7)
licensed operators.
A copy of the Water Department's Annual Report is on file in the
Office of City Clerk.
b. Wastewater Department Annual Report
Mrs. Thea Hughes stated that she is excited to report that they had
a tremendous year and related that since 1995 the main focus has
been the administrative order issued by EPA. She reminded Council
that the order had four steps which included 1) significant repairE:
to the collection system to eliminate all the in f low and
infiltration, 2) conduct flow monitoring to determine the succesE:
of the rehab and then if necessary construct relief sewers in the
those areas, 3) complete the expansion of the Johnson Plant and 4)
close the West Plan . She stated that the expansion of the Johnson
Plant was scheduled for completion in November but contractor
difficulties caused a delay, adding that it i s very close. She
stated that the o fficial deadline with EPA to close the West Plant
is April 1 st , adding that with only minor work remaining it wi l l
be closed by mid March permanently. She said at that point , all
that wi ll be lacking on the expansion of the treatment plant is the
streets, curbs, guttering, and some dress -up work. She stated that
there will be a me eting next week with the contractor to set
priorities regarding pumps and hydraulics to make sure those items
are complete so that the West Plant flow can come over. She stated
that since 1998 all the flow has been diverted to the Johnson Plan1:
except during heavy rainfall . She related that since 1998 compared
to 2000 the West Plan flow has been reduced by 81%, so it is barely
used for operation. She stated that rehab of the collectio n syste1n
was broken down into sub-basins, covered on pages 3 and 4 of th1=
report showing the exact breakdown of the administrative orde:r
providing deadlines for each basin. She related that basins one
and five were completed in 1999, followed with flow monitoring i :~
the year 2000. She reported that in like rainfall flow comparison
inflow and infiltration has been reduced in those two basins b y
from 16 to 40 percent. She stated that because the report came
back so we l l, relief sewers in those two basins are not required.
She related that in 2000 rehab of basin two, three and four were
completed, which was the next on the schedule from EPA and are now
being flow monitored. She pointed out that in the original 1995
sewer system evaluation study it showed 873 faulty private service
lines in the City and part of the EPA order is to correc t that,
adding that only three remain on the list. She stated that private
lines will continue to be checked because they are a source of I &
I into the s ys tem. She related that in 2000 TV equipment was
1 0
4100235
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL ~~TING
JANUARY 18, 2001
7 :00 P.M. -7:57 P.M .
purchased for the televising van, adding that the equipment will
a ctually tilt and look up into a private service line and take a
still picture so a photograph can be provided to the residents. She
r e lated tha t page 14 o f the report provides some details regarding
the service lines themselves and a breakdown of those problems. She
stated that Wastewater Utility accepted 6,661 feet of new line and
32 n ew manholes for operation and maintenance, which came from the
Wal-Mart Supercenter, General Samuels extension, Timberwood
Apartments, Churches Fried Ch icken, Jordan Acres, and Collenwood II
Subdivision. She said that a l l restaurants were inspected for
proper grease trap maintenance/ adding that all non-permitted
industries and indus trial users complied with their permits i n 2000
with no violations. She related that the pre-treatment program was
revised regarding local limits and all industries were contacted .
She then related that the industri es had no problem with the new
local limits, adding that most are very pleased. She related that
the Wastewater laboratory received an excellent rating from the EPA
with no permit violat ions at the treatment plant, adding that this
is the fifth straight year without violations at the Johnson Plant .
She concluded by saying that Wastewater has fifteen employees who
have licenses and this year many of those were upgraded f rom a two
to a three and some employees received CDL licenses.
In response to a question posed by Alderman Fletcher regarding
annexation to west Jackso nville and north areas regarding possibl e
development of a subdivision/ Mrs. Hughe s stated that when a
subdivision is d eveloped it is up to the developer to put the sewer
system in and then the Wastewater Utility t a kes over the 0 & M. She
related that as a subdivision is developed they make sure there is
a tie on point for any futur e subdivision that might develop past
that point. She then stated that some of those areas in question
may require an interceptor , relating that ma ny years ago there were
designs for an interceptor and at the time it was n ot necessary .
She stated that if areas are annexed Wastewater will have to
consider a interceptor.
A copy of the Was tewater Depart ment Annual Report is on file at the
Wast e water Departme n t .
c . STATE OF THE CITY
Mayor Swaim related that the year started with a sigh of rel i ef
when Y2K was not the disaster many had pr e dicte d, b u t e nde d with a
natural di saster for our City a nd State . He stated that the ice
storm of Dece mb er 2000 will long be reme mb ered as the worst in City
history. He ac knowledged City personnel in their o ut standin g
handling of the e me rg e ncy.
He then stated that each year the City diligently prepares the
budget attempting to plan for all the needs of each department,
howe ver , natural disasters are unp redict ab l e and st r e tch emp l oyee
11
O,....G .... .,,...,...
\.J ,'\a,.JU
CITY OF J ACKSONVILLE
RE GULAR CI TY COUNCIL ME ETING
JANUARY 1 8 , 2001
7 :00 P .M. -7 :57 P .M.
capabilities while stressing City finances. He reiterated that he
is proud of City employees' responsiveness to the emergencies
created by the ice storm. He stated that while the storm cleanup
continues, Jacksonville is far ahead of many cities and counties
less prepared and without adequate financial resources. He stated
that cost estimates are not complete but is expected to run into
the hundreds of thousands of dollars. He related that the comp l ete
State Of The City report is very comprehensive and highlighted some
points of interest .
• The City continues to manage tax dollars carefully completing
another year of operation within the budget approved by the City
Council in spite of rising gas prices , which affected indivi dual
departments drastically , especially Police , Fire , and Street.
• The Comprehensive Annual Financial Report (CAFR) for the City of
Jacksonville, again received nati onal recognition. The
Government Finance Officers Association of the United States and
Canada awarded the City of Jacksonville their "Certificate of
Achievement for Excellence in F i nancial Reporting" for the
second yea r in a row. Only seven other cities in the State of
Arkansas ha ve achieved this distinction.
• 69 single-family homes and 166 apartments were issued
construction permits during the year, signaling continued
expansion of housing availability in the City.
• The Main Street Rai l road Overpass continues to move forward with
right -of-way acquisition nearing completion. The pace is slowe r
than we would like, but continues none the less.
• A comprehensive mapping of all drainage systems was begun thi:3
year, because of increased federal regulations. This will be
very costly and time consumi ng .
• An addit i onal 120 acres was added to Dupree Park through two land
purchases and efforts were continued to complete a neighborhood
park in the west part of the City.
• An approximately one -mile walking/nature trail was const ructed
in Dupree Park , funded by a Highway trails grant .
• Tw o major sidewa l k projects received grant funding. Highway 161
and Redmond Road from the Park to the Community Center. An
additional sidewa l k construction contract was s i gned toward
completing our Comprehensive Master Sidewa l k Plan.
12
OOOZ 3 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 18, 2001
7 :00 P .M. -7:57 P .M.
• 6 .5 mi l es of streets were overlaid with asphalt , almos t double
our normal prog ram. A new , more ref l ective, street striping
materi a l was used as a test to create better vis i b i lity a t
night .
• The Commun i ty Deve l opment Department 's service to low and
moderate income households cont inues to improve neighborhood
revita l ization, b u sin ess deve l opment , and job creation .
• The Jacksonville Business Incubator Program continues to be
successfu l with 32 graduates in 2000. Six new businesses were
opened by s t udents and s i x existing business owners honed their
skills i n an effort to bett er serve their customers and improve
p rof i t s .
• Our Public Safety Departments Police , Fire , 911 , and Ambulance
continues to provide outstanding service to the Cit i zens of
Jacksonville.
• Wit h the help of a volunteer o r ganizat i on , major improvements
have been made in the Animal Control Department .
• A long anticipated project and desire of many Citizens of
Jacksonville was fulfil l ed when a local individual donated l and
and finances to construct a memorial to a l l ve t erans. Thi s
b ea utiful , stately monument stands in a circle on Hospital
Street acknowledging the pride and respect the Cit i zens of
Jacksonvi l le have for Veterans and t heir many sacrifices to keep
our great nation safe and free .
• Many other entities h ave again played a maj or roll in a very
positive way for the Citizens of Jackson ville; they are
churches , Jacks o n vi l l e Senior Center, Chambe r of Commerce,
Rebsamen Hospital, Little Rock Air Force Base, and Jacksonvi l le
Public Library.
• Each new year brings cha l lenges and ends with a fee ling of
accomplishment , pride, and relief , knowing that the emp loyees
and elected officials have fulfilled their obligations t o the
Citizens of Jacksonvi l l e. Thank you again for allowing me to
serve you.
APPOINTMENTS:
13
ANNOUNCEMENTS :
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
JANUARY 18, 2001
7:00 P .M. -7 :57 P.M.
Ci t y Engineer Whisker related that the amount
surrounding the bridge is a contributing time factor ,
it will be closing for two weeks starting Monday.
of concrete
adding tha t
Alderman Stroud stated that he is aware that Jacksonville has
enjoyed excellent City government over t he years and he considers
it a privilege and honor to now serve on the City Counci l . He
related t hat responsibi l ity brings on a different perspective and
he is looking forward to serving .
Alderman Wi l son speaking on behalf of the Counci l members expressed
appreciation for Mayor Swaim's leadership. He commended the State
of the City report and the annual Wastewater and Water Department
re po rt s. He stated that the Commissions do a great j ob and
Jacksonville is do i ng very good . He also commended t he City staff,
saying that it makes their job as Council members much easier. HE~
stated that he personally appreciates Mayor Swaim, the staff , and
Commissions because of the great situation, of wh i ch he is proud to
be a part.
Alderman Stroud stated that while it is not official yet, the Parks
and Recreation Department has wo n an award regarding the "Governors
Committee on F i tness", he t h en commended the good job of Parks and
Recreation.
In response to a comment from Alderman Howard regarding City
streets , Mayor Swaim related that after the ice storms the streets
were surveyed regarding damage, adding that FHMA has offered no
re lie f unless the equipment used in the debris c lean up damages the
streets . He stated that there will be some extra repair cost,
adding that a more clear picture will develop in a few months when
the roads begin to break. He stated that those repairs wi ll be
identified before the paving program begins .
ADJOURNMENT :
Mayor Swaim with out objection
app roximately 7 :57 p.m .
Respectfully ,
14
adjourned t he meetin g at
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
FEBRUARY 1, 2001 7:00P.M.
1. OPENING PRAYER :
2. ROLL CALL :
3. PRESENTATION OF
M INUTES :
4 . APPROVAL AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA :
Regular City Council Meeting
January 18, 2001
Regular City Council Meeting
January 4 , 2001
(Police Department) Regular Monthly Report/Dec. 2000
Police Ch ief Larry Hibbs
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT : PRESENTATION:
000239
Governor's Leadership Awa rd In Fitness
12. PLANNING COMMISSION : a . ORDINANCE 1149 (# 3-2001)
Various City Rezon ings
b.
13. GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
FINAL PLAT: Collenwood Phase II
RESOLUTION 541 (# 1-2001)
Funding for W idening of Graham Rd
PLANNING COMMISSION APPOINTMENTS:
Glen Keaton for a term to expire 1/1/2004
Chad Young for a term to expire 1/1/2002
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. -7 :4 9 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvi lle, Arkansas met in
Regular Session on February 1, 2001 at the regular meeting p lace of
the Council. Alderman Lewis de l ivered the invocation a n d Mayor
Swaim led a stand ing audience in the "Pledge of Allegiance" to the
flag.
ROLL CALL: Aldermen : Ell iott, Smith , Lewis, Sansing, Ray , Wilson ,
Fletcher, Stroud , Twit t y and Howard answered . Mayo r Swaim also
answered RO LL CAL L declaring a quorum. PRESENT t en (1 0), ABSENT (0).
Others present for the meeti ng were : City Atto rne y Robert E .
Bamburg, Deputy City Clerk Me l anie Gr een , Director o f
Adm i nistra tion Mur ice Green , Human Resource Director Dennis Foor,
Ci ty Eng i neer Jay Whisker , Fi n ance Director Paul Mushrush , Police
Chief Hibbs , Fire Chief Van d e rhoof, Deputy o f Public Works Jimmy
Oakley , Parks and Recreation Director George Bi ggs , Parks Assistant
Administrator Patty Walker, Mrs. Judy Swaim, Mrs. Edith Smith , Mrs.
DeDe Hibbs , Mrs . Addie Gibson , Mrs. Lendy L ew i s , P l anning
Commissi on Chairman Art Brannen, Jacksonville Patriot Repo r ter
Peggy Koury, Leader Newspape r Re porter Rick Kron , an d inte r ested
citizens.
PRESENTATION OF MINUTES:
Mayor Swa im presented the minutes of the Regular City Co uncil
Me eting of January 18, 200 1 f or approval and/or correction at the
next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Al.derman Ray moved, seconded by Al.derman Howard that the minutes o :E
the Regular City Council Meeting of 4 January 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Ray that the Regular
Monthly Report for December of the Jacksonville Police Department
be APPROVED. Said report reflects; Total Value of reported stolen
Property $102, 551. 00 , Total value of Recovered Stolen Property
$54,449.00, and Total Report Sales $281.00.
ROLL CALL:
Fletcher,
(10) AYE.
Aldermen Elliott, Smith, Lewis,
Stroud, Twitty, and Howard voted
(0) NAY . MOTION CARRIED.
1
Sansing, Ray, Wilson,
AYE. Motion received
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1 , 2001
7:00 P.M . -7:49 P .M.
PARKS & RECREATION DEPARTMENT : PRESENTATION OF AWARD
Parks and Recreation Director George Biggs introduced Chairman Greg
Bo l len , and Commissioners Curt i s Green , Steve Evans, and Mike
Dietz . He related that th e Parks and Recreation Department was
awarded the "Governors Leadership i n Fi t ness" award presented by
the Governor. He related that Mayor Swaim, Alderman Lewis,
Commissioner Fortenbury along with Parks and Rec1.eation staff
members , and patrons were present to receive the award, adding that
it is presented to government agencies for their achievement i n
providing fitness to its c i ti z ens .
Mr. Bi ggs thanked the Park and Recrea t ion Commissione r s for their
he l p in allowing him to perform his job and for their interest in
all t h e ci t izens o f Jackso n ville.
Mayor Swa i m related that the Community Center has proven to be an
asset to the community.
PLANNING COMMISSION: a . ORDINANCE 1149 (#3-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §§ 18.08 , 18.16,
18 .30, 18 .32, 18 .34, 18.36, 18.37, 18.38 , 18.39 , 18 .68, THE ZONING
MAP, AND THE LAND USE MAP; RECLASSIFYING CERTAIN PROPERTY WITHIN
THE CITY OF JACKSONVILLE (GENERAL LOCATIONS TO INCLUDE , BUT NOT BE
LIMITED TO , CITY HALL , CRITTER HOLLOW SUBDIVISION , LINDA LANE,
OAKLEY ESTATES, PINE CONE TRAILER PARK, AND PORTIONS OF STAGECOACH
SUBDIVISION); AMEND I NG ORDINANCE NUMBERS 213 AND 238 ; AND , FOR
OTHER PURPOSES.
Alderman Smith moved , seconded by Alderman Elliott tha t Ordinance
11 4 9 be p l aced on FIRST READING with an correction regarding
minimum square of 960 square feet under Section One, ii. ROLL
CALL : Aldermen Elliott, Smith, Lewis , Sansing, Ray, Wilson ,
F l etcher , Stroud , ·Twitty, and Howard voted AYE . NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED. Whereupon , City Attorney Bamburg read the Ordinance.
Alderman Ray moved , seconded by Alderman Smith to dispense with the
reading of Ordinance 1149 in its entirety. ROLL CALL : Al derme n
Elliott, Smith , Lewis , Sansing , Ray , Wilson , Fletcher , Stroud ,
Twitty , and Howard voted AYE . NAY (0). Motion received ten (10)
affirmative votes, (0) negative votes . MOTION CARRIED.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7 :00 P .M. - 7 :49 P .M.
Alderman Lewis moved, seconded by Alderman Ray to approve Ordinance
1149 on FIRST READING .
In respon se to a ques t ion from Alderman Wilson , City Attorney
Bamburg assured him that a public hearing was held for publ ic
comm ent and tha t the o r dinanc e is c omparabl e to surrounding c i ties.
He related that the ordi n a n ce more correct l y identifi es a r eas
regarding zon ing classifications such as providing the distin ct i on
between mobile park s a n d mobile home subdivision s , add i ng that the
ord inance inc l udes a zoning class i fication fo r mod ul ar ,
manufactured and has realigned the zoning classification fo r
various residential properties regarding present use recommended by
t h e City Engineer . I t was n oted t h at R-7 is the new c l assif i catior.
regarding manu fac t ured housing par k s.
ROLL CALL : Alde rmen E lliott , Smith , Lewis , Sansing, Ray , Wil son ,
Fl e tche r, Stroud , Tw i tty , and Howard vo te d AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes . MOTION
CARRIED.
Alderman Lewis moved, seconded by Alderman Smith to suspend the
ru l es and place Ordinance 114 9 on SECOND READING. ROL L CALL:
Aldermen Elliott , Smith, Lewis , Sansing , Ray , Wilson , Fletcher ,
Stroud , Twitty , and Howard v oted AYE . NAY (0). Motion received
ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
Alderma n Smith moved , seconded by Al derman Ray to further suspend
the rules and place Ordinance 1 1 49 on THIRD AND FINAL READING. ROLL
CA LL: Alde rmen Ell i ott , Smith , Lewis , Sans ing, Ray , Wilson,
Fletcher , Stroud, Twitty , and Howard voted AYE. NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION
CARRIED .
Alderman Stroud moved , secon ded by Alderman Lewis to APPROVE Am)
ADOPT Ordinance 1149 . ROLL CA LL: Aldermen Elliott , Sm i th, Lewis 1•
Sansing , Ray , Wilson , Fletcher, Stroud , Twitty , and Howard voted
AYE . NAY (0). Motion received ten (10) affirmative votes, (0 ;1
negative votes. MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1149 THIS THE 1 st DAY OF
FEBRUARY 2001 .
b. FINAL PLAT COLLENWOOD PHASE II
City Engineer Wh i sker described the l ocation of the subdivis i on as
being south of Loop Road and east of Berksh i re Circ l e. He the n
re l ated t h at PH II is a continuation of the Collenwood Subdivisi on ,
3
0002 13
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M . -7:49 P.M.
which extends Colonial Drive to the east towa rd the Pathfinder
Building and then south which will later be a loop back into Phase
III.
Discussion ensued and it was noted that plat presen t at i on is as
approved by the Planning Commission . In response to a question
from Mayor Swaim, City Enginee r Whisker stated that he is satisfied
that the plat meets the request of the Planning Commission.
Discussion ensued regarding sidewalks and City Engineer Whisker
re l ated that the Planning Commission decided that even if it did
meet requirements of the Master Sidewalk Plan, because the
subdivision was wi thin itsel f they did not require sidewalks .
Mayor Swaim voiced conce r n for the waiver of sidewalks regarding
the Master Sidewalk Plan for deve lopers.
Alderman Elliott reiterated the requirement for al l subdivisions to
comply with the Maste r Sidewalk Plan , referring to support data he
stated that the questi on may have come f rom the fact that the
preliminary plat was approved prior to sidewal k requirements . He
related that the issue of sidewalks needs to be con sistent and
required ; o t herwise, the City would have to construct sidewalks
later.
Alderman Sansi n g agreed, saying that the subdivision residents can
later request sidewalks at the expense o f the City. He stated that
he is not in f avor of the waiver.
Alderman Ray pointed out various discussi ons repeatedly regardi ng
subdivision requirements that are approved with all manners of
excuses not to discourage developers.
Alderman Ray moved, seconded by Alderman Wilson to approve the
Final Plat of Collenwood Subdivision PH II without the requirement
for sidewalks.
Discussion ensued regardi ng the possibility i f the requirement
excluded streets with less than 30 lots, Mayor Swaim clarified t hat
the exemption only applied to c u ldesacs , adding that the plat
before Council is a three phase subdivision and the streets must be
considered in the entire development.
Alde rman Elliott pointed out that by ordinance the plat would have
required sidewalks, adding that he felt the Planning Comm i ssion
used prior preliminary plat approval before the sidewalk ordinance
as their consideration .
4
000 ~4 4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. -7:49 P.M .
Mayor Swaim clarified that there are times when a preliminary plat
is approved and it can experience changes between the prelimin ary
and final plat stage.
Alderman Sansing reminded the Council of its on -going efforts
regarding sidewalks throughout Jackson v ille, saying tha t he
believes it would be backslidi ng if developers are not required t o
construct sidewalks, even on culdesacs. He stated that if it is a.
requirement by ordinance they are applicable. He agreed that the
Planning Commission should not make waivers regarding requirement s
that would cause t he City to spen d taxpayer money to correct.
Alderman Stroud stated that regarding Planning Commission
discussions he believed there was concern for placement of
sidewa l ks that did not lead anywhere, but added that it should not
be a problem placing sidewalks where there wil l be street. HE~
stated that he is not in favor of approving the final plat.
City Attorney Bamburg clarified that the only exemption applicable
is to cu l desacs with less than 20 houses.
Alderman Ray pointed out that no other phase of Collenwood has
sidewalks, mentioning appearance concerns if sidewa lks are placed
in one sma ll part of the subdivision .
City Engineer Whisker stated that he believed that the Pl anning
Commission thought process was because the ent i re subdivis i on was
accepted as a prel i minary plat before sidewalks were required and
the developers thought was that he would not be required to build
s idewalks i n t he process of fi ni shing his subdivision .
Alderman Sansing pointed out that the Ci ty would have to pay for
sidewalks in all three phases later rather than just one.
Al derman Ray stated that his point is how the subdivis i on will look
to run sidewalks going nowhere. He re l ated that he is relatively
sure the sidewalks should come out to Loop Road as the outlet and
then go north -east or west, adding that the streets do not run in
that direction.
Discussion ensued and it was pointed o ut that Parkview subdivision
does not have sidewalks , Mayor Swaim clarif ied that the final plat
of Parkview Subdivision was submitted to the City Counci l before
t h e ordinance was passed. There were questions regarding the
Jordan Acres Subdivision and its final approval.
5
--
000245
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7 :00 P .M. -7:49 P .M.
Mr. Mur i ce Green addressed the Council regarding sidewalk costs
incurred by the City . He related that he addressed the Planning
Commission and Council during the time the ordinance was passed ,
adding that it was approved for less requirement than he would have
liked to have seen pointing out the future trend for sidewa l ks . He
stated that annually the City spends approximately 250,000 dollars
on sidewalks , adding that the City is preparing to construct a
sidewalk along Hwy 161 at a cost of 278 ,000 dollars . He related
that the bulk of funds are being expended on trying to piece
together sidewa l ks to make sidewa lks continues through the Ci ty. He
expressed support regarding sidewalks and en forcement of the
ordinance. He stated that h e was unsure of the imp lications
regarding the Jordan Acres subdivision but added that it probably
qualifies for sidewalks.
Plann i ng Commission Chairman Brannen addressed the Counc i l , saying
that in discussion regard ing sidewalks in Ph ase II the argument
centered around Phase I and I I having been preliminary plat
approved without sidewalks, add ing that t he fact was argued
regarding sidewalks when no othe r phase had them. He related that
Mr. Jim Green was informed at that point that anymore would have to
have sidewalks .
Mayor Swaim pointed out that the developer has mo re developable
land in the subdivision area , asking if that phase of the
subdivision would have required sidewalks before it is finaled . He
f u rther clarified asking i f the Planning Commission informed the
developer that he woul d not be required to have sidewalks in this
phase but the next phase would have sidewalks requirements.
Planning Commission Chairman Brannen expressed that he hoped it
wou l d.
Alderman Ray called for a question on the motion.
Mr. Mur i ce Green a ddressed the Council saying he be l ieved that the
area in question is on l y a block or two from Loop Road which has a
sidewalk that runs the entire south length of L oop Road.
Alderman Ray voted AYE. Aldermen Elliott, Smith, Lewis, Sansing,
Wilson, Fletcher, Stroud, Twitty and Howard voted NAY . MOTION
FAILED .
Mayor Swaim stated that with fa i lure of the motion he is requesting
that d irection be proved to the Planning Commission .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P .M. - 7 :49 P.M.
Alderman Wilson moved, seconded by Alderman Smith to approve the
Final Plat of Collenwood Phase II subject to the owner constructing·
sidewalks and contingent upon approval from the City Engineer as to·
the location of sidewalks .
Mayor Swaim question ed enfo r cement by bond or a time requirement
when the lo t i s developed.
Alderman F l etch er poi n ted out the hazards of sidewa l ks placement
be f ore the l ot development is completed .
In response to a comment from Mayor Swaim, Alderman Fletcher t h en
not ed that t h e on l y problem with sidewalk p l acement a f ter t h e lo t s
are sold is complain t s regarding damage to lawns .
Alderman Ell iott cautioned t hat sidewalk construction on a l ot to
lot bas i s does not tie toge t her very we l l .
Alderman Wilson stated that Jacksonville is not the fi r st community
to deal wi th t h is issue , adding t hat he is con fide n t there are
methods of ensuring that s idewalks a r e constructed in subdivisions
without overly taxing the devel oper or exposing the City in terms
of not having sidewalks. He stated that he is confident that if
Mr. Gree n agrees to p l ace sidewalks , he will do that . He then
stated that in the in terim some method or criteria ne eds to be
developed for future subdivi sions r egardi ng how and when sidewalks
are placed.
Alderman Elliott related that in the past the Planning Commission
has offere d the developer the option to put them in at the time of
the development or put up a bond to insure sidewalk con struct i on .
Alderman Wilson offered that t h e City Engineer can work out a
reasonable me thod with a commitment from the developer .
Alderman F l etcher suggested th at it may be coordinated when the
dri veways are poured.
Al d e rman Ray pointed out that sidewalks in the St. Charles
development in West L ittle Rock was completed in that manner and
that all the s i dewa l ks are uniform throughout . He then pointed out
h i s desire for sidewa lks i n t he Pa r kview Subdivision when it was
proposed to the City Council .
Aldermen Elliott, Smith , Lewis, Sansing, Wilson, Fletcher, Stroud
Twitty, and Howard voted AYE . Alderman Ray voted NAY. MOTION
CARRIED.
7
000247
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M . -7:49 P .M.
Mayor Swaim stated that this action by Council is in no way a
disparagement to the Planning Commission, but rather a message that
the Council would like sidewalks and developers will have to
resolve the method.
Alderman Wilson suggested that the City staff address sidewalk
issues on the front end with the developers when they submit plats.
Alderman Elliott stated the need t o work out enforcement issues to
guarantee future sidewalks developme n t .
Alderman Wi lson reiterated that he has suggested that to the
Engineer to come up with a plan based on how other comm u nities
handle these issues to ensure that developers will fulfill their
obligation to the Ci ty at the appropriate time .
In response to a question from Alderman Fletcher, Mr. Murice Green
related that the residential sidewalk requirement is four -foot and
five -foot for commercial areas.
GENERAL: RESOLUTION 541 (#1-2001)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS;
EXPRESSING THE WILLINGNESS OF THE CITY OF JACKSONVILLE TO UTILIZE
FEDERAL-AID MONIES FOR THE FOLLOWING CITY PROJECT; GRAHAM ROAD
WIDENING FROM OAK STREET TO LOOP ROAD); AND, FOR OTHER PURPOSES.
Mayor Swaim related that the Reso l ution addresses on l y the
preliminary engin eering funding that has been secured f or the
Graham Road widening project and that in order to proceed the
Highway Depart ment has requested a resolution and s i gned agreement .
Alderman Ray moved, seconded by Alderman Stroud to read Resolution
541. MOTION CARRIED. Whereupon City Attorney Bamburg read the
Resolution.
Alderman Ray moved, seconded by ~derman Lewis to dispense with the
reading of Resolution 541 in its entirety. MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis to approve
Resolution 541.
Mayor Swaim related that in the process this provides just the
pre liminary engineering , adding that total project funding has not
been received yet and discussions are centered around getting the
project moved up on the TIP list.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 1, 2001
7:00 P.M. -7:49 P.M.
City Eng i neer Whisker re lated efforts to have Graham Road widened
to four-lanes f rom Oak to Loop . He stated that fu nd ing has be en
approved for the study , which will be conducted by the Highway
Department. He stated that the next logical step is to build it
when Metroplan accepts the study for right-of-way and construction ,
which wil l fall into the 80/20 category.
At this time, MOTION CARRIED.
Read as Resolution 540, clarified later to be number Resolution 541.
(#1 -2001) .
APPOINTMENTS : PLANNING COMMISSION APPOINTMENTS
Alderman Elliott moved, seconded by Alderman Wilson to approve thE~
appointment of Mr. Glen Keaton for a term to expire 1/1/2004, anci
Mr. Chad Young for an appointment to expire 1/1/2002. MOTION
CARRIED.
ANNOUNCEMENTS:
ADJOURNMENT:
Mayor Swaim without objection
approximately 7 :49p .m.
Respectfully,
9
adjourned the meeting a1:.
-
0002-19
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
FEBRUARY 15, 2001 7:00 P.M.
1. OPENING PRAYER:
2 . ROLL CALL :
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
February 1, 2001
Regular City Council Meeting
January 18, 2000
Regular Monthly Report/January
Director of Administration M. Green
Regular Month ly Report/January
Police Chief Hibbs
Regular Monthly Report/January
Fire Chief Vanderhoof
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . PARKS & REC DEPT:
12. PLANNING COMMISSION: a. ORDINANCE: 1151 (#5-01)
Rezoning Adjacent to West Main
Frontage Property
b. ORDINANCE : 1152 (#6-01)
Rezoning 2505 Coffelt Road
c. ORDINANCE: 114 7 (#1-2001)
Rezoning Lots 3, 4, Block 1
Edgewood Subdivision
Resubmitted from Planning Commission
r-~.
CITY COUNCIL A G EN D A
February 15, 2001 continued
13. GENERAL :
14. APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT
a.
b.
ORDINANCE: 1150 (#4-2001)
Closing of Railroad Crossing
DEFERRED TO NEXT MEETING
DISCUSSION: Pulaski County Crime
Stoppers Alderman Ray
BOARD OF ADJUSTMENT:
Reappointment of Martha Boyd for a
term to expire 2/05/2004
Matters of the Hea rt Health Fair
Community Center/February 17
8:00a.m. -Noon
City Hall will be Closed Monday,
February 191h for Presidents Day
OOO Z51
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7 :00 P.M . -8 :18 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 15 , 2001 at the regular meeting place
of the Council. Alderman Howard delivered the invocation and Mayor
Swa im led a standing audience i n the "Pledge of Allegiance" to the
flag.
ROLL CALL : Aldermen: El liott , Sm i t h, Lewis, Sansing , Ray, Fletc her,
Stroud, Twitty and Howard answered . Mayor Swa im also answered ROLL
CALL declar ing a quorum. PRESENT nine (9) , ABSENT (1) . Mayor Swaim
announced that First Arkansas Bank and Trust has been nomina ted f or
a business award and Alderman Wilson is attending, adding that
Nationa l Coatings was also nomina t ed for a Statewide business
award.
Others present for the meeting were: Deputy City Clerk Melanie
Green , Director of Administration Murice Green , Human Resou rce
Director Dennis Foor, City Engineer Jay Whisker, Police Chief
Hi bbs , Fire Ch i ef Vanderhoof , Deputy o f Public Works Jimmy Oakley ,
CDBG Director Te r esa Watson, Parks and Recreation Director George
Biggs, Parks Assis t ant Administ r ator Patty Walker , Mrs. Judy Swaim ,
Mrs . DeDe Hibbs , Mrs . Helen Stroud , Mrs . Addie Gibson, Mrs . Lendy
Lewis , Planning Commission Cha i rman Art Brannen , Mr. Dennis Sobba ,
Mr . Lloyd Friedman , Mr. Rocky Mantooth , Jacksonville Patriot
Reporter Peggy Koury , Leader Newspaper Reporter Rick Kron , and
interested citizens .
PRESENTATION OF MINUTES :
Mayor Swa im presented the minutes of the Regular City Co uncil
Meet i ng of F ebrua r y 1, 200 1 for approval and/o r correction at the
nex t Regular Ci ty Council Meet i ng.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Ray that the minutes of
the Regular City Council Meeting of 18 January 2001 be APPROVED .
MOTION CARRIED.
Mayor Swaim rela ted that Ci t y Attorney Bamburg is in the hospital
and wil l n o t be attending , wishing him a speedy recovery. He
re l ated that Ordinance 1150 closing of the Railroad Crossin g h as
been removed from the agenda. He s t ated that the Railroad has
requested the closing regarding the overpass.
CONSENT AGENDA :
1
OOG ,..,._?
.~,~N
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2001
7:00 P .M. -8:18 P .M.
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Sansing moved, seconded by Alderman Elliott to APPROVE the
monthly Animal Control Report for January 2001. Report reflects
the following :
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
419 .00
160.00
579.00
579.00
Alderman Sansing moved, seconded by Alderman Elliott that the•
Regular Monthly Report for January of the Jacksonville Police:
Department be APPROVED. Said report reflects; Total Value of
reported Stolen Property $96,139.00, Total value of Recovered
Stolen Property $98,968 .00, and Total Report Sales $382.00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Sansing moved, seconded by Alder.man Elliott to approve thE!
Regular Monthly Report for December, which ref l ects a fire loss o 1:
$222,100.00, and a Savings Total of $400,500 .00 .
ROLL CALL : Alderman Elliott, Smith, Lewis, Sansing, Ray, F1etcher 1•
Stroud, Twitty, and Howard voted AYE . (0) voted NAY . MOTION
CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION : a . ORDINANCE 1151 (#5-01)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: PROPERTY ADJACENT TO FRONTAGE PROPERT 'i
ON WEST MAIN STREET ACROSS FROM 3500 WEST MAIN STREET,
JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND
THE LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS ; AND, FOR
OTHER PURPOSES.
Mayor Swaim pointed out that prop ert y begins in proximity to the
Sh ady Lane a r ea a n d runs t o the curve on West Mai n Street and
consists o f 13 acres .
2
OOOZ53
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
FEBRUARY 15 , 2001
7:00 P.M . - 8 :18 P.M .
Alderman El liott moved , seconded by Alderman Smith that Ordinance
115 1 be placed on FIRST READING . ROLL CALL : Aldermen Elliott ,
Smith , L e wis , Sansing , Ray , Fletcher, Stroud , Twitty , and Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED . Whereupon , City Clerk Susan Davitt
read the Ordinance.
Alde rman Ray moved , seconded b y Alderman Smith to dispense with the
reading of Ordinance 1151 in its entirety. ROLL CAL L : Aldermen
E lliott , Sm i th , L ewis , Sansing , Ray , Stroud, Twitty , and Howard
vot ed AYE. Alderman Fletcher voted NAY. Motion received eight (8)
affirmative votes, (1) negative votes . MOTION CARRIED.
Alderman Smith moved , secon ded by Alderman Ray to approve Ordinance
1 151 on FIRST READING .
In response to a question , Mayo r Swa i m related that the rezoning
request is from manufactur ing (M-2) to residentia l (R -0).
ROLL CALL: Aldermen E lliott , Smith , Lewis , Sansing , Ray, F l etcher,
Stroud , Twi tty , and Howard voted AYE. Motion received nine (9)
affirmative votes , (0) negative votes. MOTION CARRIED .
Alderman Lewis moved, seconded by Alderman Ray to suspend the rules
and p l ace Ordinance 1151 on SECOND READING . ROLL CAL L: Aldermen
El l iott, Smit h, Lewis , Sansing , Ray , Fletcher , Stroud , Twitty , and
Howard voted AY E. Motion received nine (9) affirmative votes, (0)
negative votes. MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ra y to further s u spend
the rules and place Ordinance 1151 on THIRD AND FINAL READING. ROLL
CALL : Aldermen Elliott , Smith , Lewis, Sansing , Ray , Fletcher ,
Stroud , Twitty , and Howard voted AYE . Motion received nine (9)
affirmative votes, (0 ) negative votes . MOTION CARRIED .
Alderman Ray moved , seconded by Alderman Howard to APPROVE AND
ADOPT Ordinance 1 15 1. ROLL CAL L: Aldermen Elliott , Smith , Lewis,
San sing , Ray , Fletcher , Stroud, Twitty , and Howard voted AYE.
Motion received nine (9) affirmative votes , (0) negative votes .
MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1151 THIS THE 15th DAY OF
FEBRUARY 2001 .
3
ooozs .Cl
b . ORDINANCE 1152 (#6-01)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7:00 P .M. -8:18 P .M.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION : 2505 COFFELT ROAD, JACKSONVILLE,
ARKANSAS) ; AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE
MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Ray moved, seconded by Alderman Howard that Ordinan ce 1 152
be placed on FIRST READING. ROLL CALL : Aldermen Elliott , Sm i th ,
Lewis , Sansing, Ray, Fletcher , Stroud, Twitty, and Howard v oted
AY E . Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED. Whereupon , City Clerk Susan Davitt read the
Ordi nance.
Alderman Ray moved, seconded by Alderman Smith to dispense with the~
reading of Ordinance 1152 in its entirety. ROLL CA LL : Aldermer..
El liott, Smith, Lew i s , Sansin g , Ray, Stroud, Tw itt y, and Howard
voted AYE . Alderman Fletcher voted NAY . Motion received eight (8)
affirmative votes, (1) negative votes . MOTION CARRIED.
Alderman Smith moved , seconded by Alderman Ray to approve Ordinance
1152 on FIRST READING . ROLL CA LL: Aldermen Elliott, Smith, Lewis,
Sans in g , Ray , F l etcher , Stroud , Twitty , and Howard voted AYE.
Motion received nine (9) affirmative votes, (0) negative votes .
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Stroud to suspend the
rules and place Ordinance 1152 on SECOND READING. ROLL CALL:
Aldermen Elliott , Smith, Lewis, Sansing , Ray , Fletcher, Stroudr
Tw i tty , and Howard voted AYE . Motion received nine (9) affirmativE~
votes, (0) negative votes. MOTION CARRIED .
Alderman Lewis moved, seconded by Alderman Ray to further susp end
the rules and place Ordin ance 1152 on THIRD AND FINAL READING. ROL ::..
CALL: Aldermen Ell io tt, Smit h, Lew i s , Sansing , Ray , Fletcher,
Stroud, Twitty , and Howard vo t ed AYE . Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Lewis to APPROVE ANJ
ADOPT Ordinance 1152. ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE.
Motion receiv ed nine (9) affirmative vo t es , (0) negative votes.
MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1152 THIS THE 15th DAY OF
FEBRUARY 2 0 01 .
4
c . ORDINANCE 1147 (#1-01)
ooozss
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7 :00 P .M. - 8 :18 P .M.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE ,
ARKANSAS (GENERAL LOCATION : SOUTHEAST CORNER OF T . P. WHITE AND
NORTH JAMES, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS
213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE,
ARKANSAS; AND , FOR OTHER PURPOSES.
Mayor Swaim related t h at the Ordinance proposes the rezoning of
lots 3 and 4 , Bl ock 1 of the Edgewood Subdivision .
Alderman Ray moved, seconded by Alderman Smith that Ordinance 1147
be placed on FIRST READING . ROLL CALL : Aldermen E lli ott , Sm i th ,
Lew i s , Sansing , Ray , Fletch er , Stroud , Twitty , and Howa rd voted
AYE. Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED. Whereupon , City Clerk Susan Davitt read the
Or dinance .
Alderman Ray moved , seconded by Alderman Smith to dispense with the
reading of Ordinance 1147 in its entirety . ROL L CALL : Aldermen
El l iott , Smith , Lew i s , Sansing , Ray , Fletcher , Stroud , Twi tty , and
Howard voted AYE . Motion received nine (9) affirmative votes, (0)
negative votes. MOTION CARRIED.
Alderman Ell i ott moved , secon de d by Al derma n Ray to approve
Ordinance 1147 on FIRST READING.
Mr . Rocky Mantooth s t ated that he has worked on the project f or
approximately four years . He then explained confusion with dates
and p l ats a nd presented a data summary sheet inc luding back up
documentation to each Counci l member. He pointed out the original
1954 plat features lot 1 and 2 adjacen t to James S t reet and
Hospital Street , in comparison , he po i nted out that the 1963 repl at
covering lots 2 , 3 , and 4 affected streets and their out l et
posit i on s. He re l ated t h at the original p lat and b i l l of assurance
is i n c l uded , add i ng that in 1959 a ll but two l ots in the
subdi vision were owned by Mr. Mau r y Mitche l l . He re l ated that the
two lots not owned by Mr. Mitchell were part of block 1 conveyed to
the State of Ar k ansas for t h e High way and lot 25 , of block 3 that
was conve y ed to the Ci ty . He stated that also dur ing t his t ime
the re was a 1959 bill of assurance , which set fort h p r ovi sion s t o
allow comme r c i al , uses in block 1 of t he Edgewood Subdivision. He
then r elated tha t in 1 963 there was a total replat of the Edgewood
Sub division with ame n dments and reference back to the 1959 bill of
assurance . He stated that t h e amendments we r e app r oved by the City
January 22 , 1963. He went on t o say f ollowing tha t the 19 83 court
case i n summa r y wi th Judge J udith Rogers stated that Edgewo od
Subdivis i on was plat t ed on Oc t ober 8 , 1954 and that such plat and
bill of assurance were binding on certain purchase r s , since the
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7:00 P.M. - 8 :18 P.M .
property was sold before any attempts to change the original bill
of assurance, all amendments are inva l id. He added that she did
not reference the 1963 plat but referre d a ll the back to the 1954
plat. He then related that further i n her decis i on it states "the
landowners and therefore all subsequent purchasers of l ots in
Edgewood Subdivision to the town of Jacksonvil l e have acquiesced to
such commercial usage o f block 1 , lot 2 Edgewood Subdivision to the
City of Jacksonville" referring to the 1954 original plat he
pointed o ut lots 1 and 2 , saying that lot 2 was on the co rner
adj acent to North Hospital . He referred to both plats in a side by
side comparison, stating that the Highway Department took lot 1 for
the current access road; which caused a shift t o some streets an d
c los e d off road the outlets of Brewer and Braden Street to the
access road. He then pointed out that in the 1954 plat the
property in question is all of lot 2 wh ich pretty much covers the
existing lots 2 , 3, and a portion of 4 today. He c larified that
lot 2 went all the way from the edge of lot 1 to Hospital Drive and
is the reason given the court case that they deem it to already be
commerc ial regarding the 1954 plat .
He then asked the council to move forward to 19 92 regarding replats
of lots 6 through 17 of block 1 and related that it also referred
back to the 1959 bill of assurance . He stated that the lots were
70 ft wide and replatted into 60 feet wide lots , which was approved
by the City in 1 992. He asked the Council to note that in 1995 ,
lot 000 of block 5, of Edgewood was rezoned to C-1 for the dialysis
center affirmed by a 10 to 0 vote by the City Counci l . He said
that action allowed new commercial into the subdivision . He stated
to summarize, that if you take the court case and you want to g o
all the way back to 1954 , look at lot 2, it start ed where lot one
was taken by the Highway Department, and goes to the edge of North
Hospital then continues down to what is considered lot 4 n ow . He
stated that if you want to come back and go with what the City
reapproved in the 1963 replat then you are going back to the 1 959
b ill of assurance which allows commerc i al usage of b l oc k 1 ,
concluding that his understanding is that either way the use is
commercial .
Ms. Joyce Ward of 708 North James Street stat ed that she has been
presented with material tonight that she is n ot familiar with , but
added that she ha s done a l ot of research on her own but did not
have everyth ing that has been presented tonight. She related that
in the summary o f Edgewood where it states tha t the replat of lot
6 -1 7 referred back t o the 1959 bill of assurance and was approved
by the Ci ty , she stated that she does not understand why that was
approved . She related that she understands there was a petition
c irculated for the rezoning in 1995 for the dialysis center that
abuts the subdivision and in no way really affects property values.
6
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000257
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEB RUARY 1 5, 2001
7:00 P .M . - 8 :1 8 P.M .
She stated that when Ms. Mantooth purchased the property she was
under the impression i t was residential, adding that at the last
mee t ing with Mr . Friedman he thought it was residential property.
She said that Ms. Mantooth 's intent at that time i s not known if
she planned to request a rezoning . She then related that Mr.
Friedman has made a lot of suppositions regarding what the
residents would like and as to wha t she would like without asking ,
adding that as far as t h e ruling of J udith Rodgers is concerned ,
when she says all subsequent purchasers, she was not aware of that
in the packet of materia l she received when she purchased her home.
She also stated that there was nothing about what subsequent
purchasers are expected to acquiesce to . She stated that she did
not acquiesce to that, adding that she received a bill of assurance
and that not many people are going to go to the court house and
thumb through every piece of paper to see if anything was left out.
She stated that in the original bill of assurance it says "no
noxious (chemicals) or offensive trade or activity shall be carried
on by any lot nor shall anything be done thereon which may be or
become an annoyance or a n uisance to the neighborhood" . She stated
that the development is going to be a nuisance and annoyance and it
is going to effect the property values. She then stated that the
bill of assurance a l so states that "if in any attempt to vio l ate
any of the restrictions or covenants contained herein , it shall be
lawful for any other person or persons owning any other lot or lots
in this subdivision to prosecute any proceedings at law or in
equity against the person or persons violating or attempting to
violate any such restrictions or covenants or to recover damage for
s u ch violations" and she would contend that Ms. Mantooth and her
son are in violation simply because they did not purchase
commercial property they purchased residential property and the
property was not properly posted for rezoning. She stated that she
has no way of knowing how many people travel Hospital Drive, but
there were no signs facing James Street, just two that were posted
on North Hospital . She related that she was informed that the
deve l opment was to be a strip mall not an office space. She
mentioned a fence for the rear of lot 4 and questioned if s i milar
promises had been made for the development where Merle Norman is
located , adding she was also told that the other residents in the
subdivision did not matter because their property was not across
the street . She related that Mr . Friedman had said that he did not
believe that anyone would challenge the best use of the property
be i ng commercial, given that it borders a four -lane street and
Highway ; she said that she challenges that and feels there are
others that would also challenge, adding i t would be deeply
regretted if rezoned and stated concern for area wildlife and the
l ack of trees for concr ete . She stated that she feels she is
having her rights removed.
7
CI TY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15 , 2001
7 :00 P .M. -8:18 P.M.
Alderman Fletcher questioned her f ee lings that rezoning the
property wou ld be a nuisance, poi nt ing out that a portion of the
property i s a lready zoned commercial and that there is nothing that
prevents the owners from opening a "tir es f or less" or "seven-
eleven". He questi o ned the nuisance of that kind of development
rat h er than a quiet office bui l ding with more aesthetic control by
working with the owner.
Ms . Ward stated that a devel opment would bring extra traffic intc
the area. She stated that she did not want to look out he r ga rage
door and see a business . S h e said that Mr. Mantooth can use the
current building for commercial, which is ok with her if he burns
the current building down . She said she did not care if he puts an
insurance office i n , although the neighborhood d oes care they would
have to go back to court and she is not sure it would do any good.
She concluded in saying that the neighbo r hood does not want:
anything over there.
Alderman Fletcher q ues tioned Ms. Ward i n asking, it is commercial
now, someth ing commercial can go in there right now, which could
generate 20 cars an hour versus putting in an office building whi c h
might generate 10 ca r s an hour , how are you bettering yourself by
not trying to l ook at the options . He further c l ar i fied the truth
is there is a piece of property already commercial , there i s
obviously going to be a commercial develop of some kind there.
Ms. Ward stated that she is not sure that makes sense and stated
that the 1954 plat is new to her.
Al derman Fletcher sta ted that it is a matter of record.
Al de rman Elliott pointed out that the court case does refer to the
1954 plat as being lot 2 , which is adjacent to North Hospital
Street.
Al derman Twitty stated that in her opinion she would prefer, as 3
personal view a nice new development rather than the curr ent
b u ilding . She suggested that the developer put it in writi ng that
they would be will i ng to construct a privacy fence or plant tall
shrubs, which would be more decorative.
Ms. Ward agreed that i t wou l d look n i cer, but it is not up to her
to make those decisions. She stated that she happens to be the
self-elected spokesperson , she went on t o say that nat urally if
there h as to be a business , they would l ike something that looks
nice but regarding Mr . Friedman 's suppositi o ns, she could make the
supposition that the va l ue of res i dentia l proper ty wi ll decrease ty
twenty to twenty -five thousand dollars .
8
0002 59
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7:00 P .M. -8:18 P.M .
Alderman Twitty commented that with commercial property already
existing, it seems the neighborhood would want a choice in the type
of development rather than any commercial development .
Alderman Fletcher stated that it is a "rock and hard place" by one
lot already being commercial . He suggesting mee t ing with Mr.
Fr i edma n regarding cooperation for a l ow maintenance building of
brick and vinyl siding , a l ow maint enance fence, and a highly
landscaped back with just as much road appeal as the front. He
stated that regarding traffic concerns , he realizes from his years
on Ci ty Council that probl ems are not solved sometimes until they
worsen . He stated that the situation of t wo State highways and a
bridge will have to be determined by the State if it will be widen
or a turn lane added on the bridge. He said that sometimes unti l
a situation becomes worse , it probabl y will n ot get the attention
of the state, as we would like. He stated that the traffic is
already there because of Wal-Mart and pointed out that proper
aest hetics make customers want to shop at a business , adding that
if a businessman is a smart businessman he will make it appealing
for people t o patronize. He stated that James Street was widened
into four-lanes not because it is a residential street but because
it is in the plans of the City to commerc i alize . He mentioned
business located further s o uth on James Street moving that way , and
concern f or the view of traffic driving through Jacksonville who 's
only impression of Jacksonville is what they see from the freeway.
He stated similar issues with a four -l ane that eventually
developed commercia l . He stated that if growth is inevitable, let
it be controlled growth where there is a say in development
s tandards. He conveyed that she and the neighbors could contro l
the development standards, suggesting a partial vi ctory rather than
no victory.
Alderman Smith pointed out that Mr . Friedman has promi sed no exit
on Hospital Drive, controlled by the Planning Commission. He
stated that he felt the proposed development would be aesthet i cally
pleasing.
Discussion ensued regard concerns from Ms. Ward about access issue
later and it was clarified that no access to Hospital Street could
be made a matter of record in the ordinan ce .
In response to a question from Ms. Ward, Mayor Swaim stated that
if that is the situation, City Council can require the developer no
drive off Hospital Street and a fence along the properties and
everyone would be assured regarding an ordinance. He relat ed that
the aesthetics would require neighbors meeting with the developer
for a compromise .
9
Oo 0 ..-.. ~-·o 'V .~~ .)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7 :00 P .M. -8:18 P.M .
Alderman Sansi n g p roposed tha t the homeowners meet wi th the
developer a n d come back to t h e Council wi th a corrected ordinance.
Al derman Ra y called fo r question.
Mr . John Th u rman, attorney f or Mr . Mantooth pointed out that a plot
plan and building plan would still have to be s u bmitted to the
Plann in g Commission for approva l . He stated that he met with Ms.
Ward and made ass u rances t o her r egarding a f ence and no access to
North Hos p i tal . He stated that the bui l d i ng pla n wou l d address
iss u es of aest h et i cs .
Alderman Ray with drew his ca l l for q u estion to accommodate further
discuss i on and consideration for amendment .
Alderman Elliott moved, seconded by Alderman Smith that the!
ordinance include an amendment at the end of section 1 , stipulatin9
no vehicle access to North Hospital and a six (6) foot screenin9
fence along Hospital Drive and the west rear side of the propert~r
between the residential area and the proposed development meetinsr
City Code.
Al derman San s i ng suggested these stipul ations be worked out between
the ne i ghbors and the owners in ordinance form befo r e be i nq
cons i dered f or p assage.
Di scussion en su ed r ega r ding wording for the amendme nt s i ncl udinq
the time facto r re g ardi ng construct i on of t h e fence.
The motion restated: Alderman Elliott moved, seconded by Alderma1:1
Smith that the ordinance include an amendment at the end of section
1, stipulating no vehicle access to North Ho s pital and a six (6')
foot screening fence along Hospital Drive and the west rear side o :f
the property bet ween the residential area and the proposed
development meeting City Code to be completed before any
construction begins. ROLL CALL : Aldermen Elli ott , Smith, Lewis,
Sansing, Ray , Fletcher, Stroud, Twitty, and Howard voted AYE .
Motion received nine (9) affirmative votes , (0) negative votes .
MOTION CARRIED.
Al d erma n E l li ott moved , s econded by Alderman Ray t o appr ove
Ordinance 11 47 on FIRST READING as AMENDED. ROLL CA LL : Alde r men
E lliott, Smith , Lew i s , Ray , Fletcher, S t roud, Twi tty , a n d Howard
voted AYE. Alderman Sans i ng voted NAY (1). Motion received eight
(8) affirmative votes, (1) negative votes . MOTION CARRIED .
10
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OOO ZS1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001 .
7 :00 P.M. -8 :18 P.M.
Al derman Stroud moved, seconded by Alderman Smith to suspend the
rules and place Ordinance 1147 on SECOND READING.
Alderman Sansing stated that while he agrees with the amendment and
voted to support the amendment he does not feel it is the job of
Council to negotiate between property owners and neighbors that are
in disagreement. He voiced t hat he would like to see a completed
ordinance with no opposition.
Alderman Fl etcher mentioned consideration for the need and
development of a "Green Ordinance".
Mayor Swaim re l ated that the Plann i ng Commission is currently
observing other cities and litigation regarding the Little Rock
Green Ordinance .
ROLL CALL: Aldermen Elliott, Smith, Lewis, Ray, Fletcher, Stroud,
Twitty, and Howard voted AYE. Alderman Sansing voted NAY (1).
Motion received eight (8) affirmative votes , (1) negative votes .
MOTION CARRIED .
Alderman Sm ith moved , seconded by Alderman E lliott to further
s uspend the rules and place Ordinance 114 7 on THIRD AND FINAL
READING. ROL L CALL: Aldermen Elliott, Smith, Lewis, Ray, Fletcher,
Stroud , Twitty , and Howard voted AYE. Alderman Sansing voted NAY
(1). Motion received eight (8) affirmative votes, (1) negative
votes. MOTION CARRIED.
Alderman Stroud moved , seconded by Alderman Ray to APPROVE AND
ADOPT Ordinance 1147 as AMENDED . ROLL CALL : Aldermen El l iott,
Smith, L ewis, Ra y , Fletcher, Stroud , Twitty , and Howard voted AYE .
Alderman Sansing voted NAY ( 1) . Motion received eight (8)
affirmative votes, (1) negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1147 THIS THE 15th DAY OF
FEBRUARY 2001.
GENERAL : a. ORDINANCE 1150 (#4-2001)
This item was removed from the agenda pending ordinance
presentation at a later date.
b. Pu l aski County Crime Stoppers
Alderman Ray related that he has been a volunteer fo r the
organization for some years and h as just completed a term served as
cha irman. He stated that it is a vital part of the City of
Jacksonvi lle, North L i ttle Rock , Sherwood , and Wrightsville who has
supported the efforts fo r the Pulaski County Sheriff regarding
11
OOO ZS 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 15, 2001
7:00 P.M . -8 :1 8 P .M.
criminal offenders . He stated that the organization is strict ly
supported by vo luntee rs and donations from area businesses. He
s tat ed that Cr i mes Stoppers appears on Channel 4 Sunday night at
10:00 p.m . and Monday mo rning. He stated that the program has a n
award tip line , adding that h e is asking the City of Jacksonville
to d o nate $1,000.00 to continue operations.
Mayor Swaim related t h at funds have been b udgeted f or c rime
s toppers through the Po lice Department funds that could be used for
that purposed. He as k ed that in absence of t he Ci ty Attorney , he
s t ated that he believes there wo uld need to be a written agreement
of service from the Pu las ki Co u n t y Crime Stoppers, so the City
could d onate t h ose funds.
Alderman Ra y stated that a contract would be f ine and that the Cit y
of Jacksonville alre ady receives services through ai rtime r ega rdinq
criminal offenders .
Alderman Ray moved, seconded by Alderman Smith for the City
Attorney to prepare an agreement for donation of $1,000 .00 t<>
Pulaski County Crime Stoppers for services received. MOTION
CARRIED .
APPOINTMENTS : BOARD OF ADJUSTMENT APPOINTMENT
Alderman Elliott moved, seconded by Alderman Wilson to approve th 4~
reappointment of Mrs. Martha Boyd for a term to expire 2/5/2004.
MOTION CARRIED .
ANNOUNCEMENTS: Matters of the Heart Health Fair t o be held at the
Communi ty Center Februa ry 17 to begin at 8 :00 a.m . to 1 2:00 p .m .
City Hall will be closed Monday , February 19th fo r Presidents Day.
Lan dfill item wi l l be p i cked up start ing Tuesday and regular T rash
s c h ed ule will resume fo llow ing landfill pickup .
Senior Ci ti zen Roast to be held February 22 , 2001 , attendan ce
encouraged .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at
approximately 8 :18 p .m.
City Cl erk-Treasurer
1 2
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
MARCH 1, 2001 7:00 P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVAL AND/OR
CORRECTION OF MINUTES :
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT :
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT :
10 . STREET DEPARTMENT:
11 . PARKS & REC DEPT:
Regular City Council Meeting
February 15, 2001
Regular C ity Council Meeting
February 1, 2001
REQUEST TO ACCEPT BID : Tractor
OOOZ.()3
12. PLANNING COMMISS ION : FINAL PLAT: Gene Wilson Comm'l Subd .
13. GENERAL: a. ORDINANCE: 1150 (#4-01)
Closing of Railroad Crossing
b. RESOLUTION: 542 (#2-2001)
Advantage Arkansas/Lomanco
c. RESOLUT ION : 543 (#3-2001)
Advantage Arkansas/CECA L.L.C.
CITY COUNCIL A G EN D A
March 1, 2001 continued
14 . APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT
d. RESOLUTION : 544 (#4-2001)
Advantage Arkansas/J & J Metals
e . Approval Cost for Additions to
Redmond Road Bridge
OOOZ65
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI.NG -
MARCH 1, 2001
7 :00 P .M. -7 :18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regular Sess i on on March 1 , 2001 at the regular meeting place of
the Council . Alderman Smith de l ivered the invocat i on and Mayor
Swaim led a standing audience in the "Pledge of Al l egiance" to the
flag .
ROLL CALL: Al dermen: Elliott , Smith, Lew i s , Sans i ng, Ray , Wi l son ,
Stroud , Twitty and Howard answered . Mayor Swaim also answered ROLL
CALL declaring a q u oru m. Al derman F letcher arrived at approximately
7 :08p.m. PRESENT ten (1 0), ABSENT (0).
Others present for the meeting were: City Attorney Rober t E .
Bamburg , Deputy City Clerk Melani e Green , Di rector of
Administrat i on Murice Gree n, City Engineer Jay Wh isker, Finan ce
Director Paul Mushrush, Pol i ce Chief Hibbs, Fire Chief Vanderhoof ,
CDBG Director Teresa Watson , Parks and Recreation Director George
Biggs , Parks Assistant Administrator Patty Walker , Mrs. Judy Swaim ,
Mrs . Edith Smith , Mrs. DeDe Hibbs , Mrs . Helen Stroud, Mrs. L endy
Lewis , Mrs. Addie Gibson, Jacksonville Pa tr iot Reporter Peggy
Koury , and i nterested citizens.
PRESENTATION OF MINUTES :
Mayor Swa i m p r esen ted the minutes of the Regular City Council
Meeting of Feb r uary 15 , 2001 for approva l and/or correction at the
next Regul ar City Co u nc i l Meet i ng.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Lewis that the minutes
of the Regular City Council Meeting of 1 February 2001 be APPROVED .
MOTION CARRIED .
CONSENT AGENDA:
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT: REQUEST TO ACCEPT BID FOR TRACTOR
Alderman Elliott moved, seconded by Alderman Smith to approve the
low bid of $14,637.68 from Wikel Sales for a tractor purchase .
MOTION CARRIED.
Mayo r Swaim related that funds wi ll be drawn from the Parks and
Recreation budget.
1
OOO ~·S G
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2001
7:00 P.M. - 7 :18 P .M.
PLANNING COMMISSION: FINAL PLAT Gene Wilson Commercial Subdivision
Mayor Swaim expl a i ned the l ocat ion of the property and related that
the property i s be i ng developed for an auto parts store .
City Engineer Whisker re l ated that Advanced Auto Parts is proposing
a deve l opment for l ot 2 , adding that lot 1 is cur r ent l y for sale .
Alderman Wilson moved , seconded by Alderman Smith to approve thel
Final Plat of the Gene Wilson Commercial Subdivision. MOTION
CARRIED .
GENERAL:
a . ORDINANCE 1150 (#4-01)
AN ORDINANCE DIRECTING AND AUTHORIZING THE CLOSING OF THE STREET A'l ~
THE RAILROAD CROSSING INTERSECTION EAST OF MAIN STREET 1
JACKSONVILLE, ARRANSAS, AFTER COMPLETION OF THE MAIN STREE'J~
OVERPASS; AND, FOR OTHER PURPOSES.
Al derman Wil son moved , seconded by Alderman Lew i s t hat Ordinance
1 1 50 be p l aced o n F IRST READING. ROL L CA LL : Al dermen E l l iott,
Smith , Lewis , Sansing, Ray , Wilson , St r oud , Twitty , and Ho ward
vo ted AYE . NAY ( 0) . Motion received nine (9) affirmative votes, (0 )1
n egative votes. MOT I ON CARRIED . Whereupon, City At torney Bamburg
read the Or di n a n ce .
Alde r man Ray moved , seconde d by Alderman Sansing to d i spense with
the reading of Ordinance 1 1 50 in its entirety . ROL L CAL L: Aldermen
El liott , Smith , Lewis , Sansing, Ray, Wilson , S troud , Tw i tty , and
Howard voted AYE . NAY (0). Motion received n ine (9) affirmat i vt ~
votes, (0) negat ive votes . MOTION CARRIED.
Alderman Lewis moved , seconded by Alderman Howard to a pprove
Ordinan ce 1150 on FIRST READING. ROLL CALL: Aldermen Elliott,
Smith , L ew i s , Sansing , Ray , Wilson , Stroud , Twitty , and Howarj
voted AY E. NAY (0). Motion received n ine (9 ) affirmative votes,
(0) negative votes. MOT I ON CARRIED .
Al derman Strou d moved , seconded by Al derman L ew i s to s u s p end t he
rul es and p l ace Ordinance 1150 on SECOND READING . ROLL CALL :
Aldermen E lliott , Smi th, Lewis , Sansing , Ray, Wi l son , St r oud,
Twitty, a n d Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) n egative votes. MOTION CARRIED. Whereu pon,
City Attorney Bamburg read the Ordinance .
2
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2001
7:00 P.M . -7:1 8 P.M.
Alderman Smith moved, seconded by Alderman Stroud to further
suspend the rules and place Ordinance 1150 on THIRD AND FINAL
READING. ROLL CAL L : Al dermen E l liott , Smith, Lewis , Sansing , Ray ,
Wilson , Stroud , Twitty , and Howard voted AYE. NAY ( 0) . Motion
received nine (9) affirmative votes, (0) negative votes. MOTION
CARRIED . Whereu pon, Ci ty Attorney Bamburg r e ad the Ordinance .
Alde r man St r o u d moved , seconded by Alderman Wilson to APPROVE AND
ADOPT Ordinance 1150 . RO LL CAL L : Aldermen E l l i ott , Smith, Lewis ,
Sans i ng , Ray , Wi l son , Stroud , Twitty , and Howa rd vo t ed AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes . MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1150 THIS THE 1 st DAY OF
MARCH 2001 .
b. RESOLUTION 542 (#2-01)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS,
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE
IN THE ADVANTAGE ARKANSAS PROGRAM (ALSO KNOWN AS THE ARKANSAS
ENTERPRISE ZONE PROGRAM-ACT 947 OF 1993 AS AMENDED); AND, FOR OTHER
PURPOSES .
Mayor Swaim explained that the Advantage Arkansas Progr am provides
equipment and emp l oye e incentives for indus t ries unde r
spec i fication.
Alderman Elliott moved, seconded by Alderman Smith to read
Resolution 542. MOTION CARRIED. Whereupon City Attorney Bamburg
r ead the Reso l ution .
Alderman Ray moved, seconded by Alderman Lewis to dispense with the
reading of Resolution 542 in its entirety. MOTION CARRIED.
Alderman Elliott moved , seconded by Alderman Ray to approve
Resolution 542. MOTION CARRIED .
c . RESOLUTION 543 (#3-2001)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE , ARKANSAS,
CERTIFYING LOCAL GOVERNMENT ENDORSEMEN T OF BUSINESS TO PARTICIPATE
IN THE ADVANTAGE ARKANSAS PROGRAM (ALSO KNOWN AS THE ARKANSAS
ENTERPRISE ZONE PROGRAM-ACT 947 OF 1993 AS AMENDED); AND, FOR OTHER
PURPOSES .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1, 2001
7:00 P .M. - 7 :18 P.M.
Alderman Fletcher moved, seconded by Alderman Wilson to read
Resolution 543. MOTION CARRIED. Whe reupon City Attorney Bamburg
read the Resolution .
Alderman Ray moved, seconded by Alderman Smith to dispense with the
reading of Resolution 543 in its entirety . MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Lewis to approve:
Resolution 543. MOTION CARRIED.
d . RESOLUTION 544 (#4-2001)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS ,
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE:
IN THE ADVANTAGE ARKANSAS PROGRAM (ALSO KNOWN AS THE ARKANSAS
ENTERPRISE ZONE PROGRAM-ACT 947 OF 1993 AS .AMENDED); AND, FOR OTHER
PURPOSES.
Alderman Wilson moved, seconded by Alderman Elliott to read
Resolution 544 . MOTION CARRIED. Whereupon City Attorney Barnbur9
read the Resolution.
Alderman Ray moved, seconded by Alderman Smith to dispense with thE~
reading of Resolution 544 in its entirety. MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Fletcher to approvE~
Resolution 544 . MOTION CARRIED.
e . Approval Cost for Additions to Redmond Road Bridge
Mayo r Swaim related that the Ci ty is authorized to spend 2 0% above
the bid price , pointing out that the bid price was .209% over . He
stated that the bid was a quantity bid under class 7 base wi th a
$5 , 000 . 00 overrun regarding gravel for backfill and t hat t h e
headwal l s previ ously patched with asphalt and concrete requi r ed
additional concrete which proved t o be a significant overrun . He
re lated tha t the 9/10 of 1% overrun carne to a total cost of
$105 ,260.65 . He related that rails were purchase for $740 .00
locally instead of t he bid price of $2 ,880 .00 . He stated that the
fund s are available in the Capital Improvement fund .
Alderman Wilson moved, seconded by Alderman Stroud to approve the
additional expenditures for the Redmond Road Bridge project of
$105,260.65. MOTION CARRIED.
4
UPDATE RAILROAD OVERPASS
000269
CITY OF JAC KSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 , 2001
7 :00 P .M. - 7 :18 P .M.
Mayor Swaim re l ated that currently the project is involved with
utility relocation. He stated that there is a proposed bid date of
July with a completion time of 18 to 24 months.
Discussion moved toward the legislation session currently being
held at the State Capital in Little Rock.
APPOINTMENTS :
ANNOUNCEMENTS :
ADJOURNMENT :
Mayor Swaim wi thout objec tion
appr oximately 7 :18p .m.
Respectfu l ly,
~~~~{ill Susan L. Dav· t
City Clerk-reasurer
5
adjourned the meeting at
BID#: JAX-01-0004
ITEM
NO:
~
l·.,.. 1
' ~ ', ,.~
0
0
0
TRACTOR
QTY:
1 1 -
DEPT: PARKS
WIKEL SALES
UNIT
DESCRIPTIO N PRICE: A MOUNT:
TRACTOR $14,637 .38 $14,637 .68
TOTAL PRICE : . •. $14,637.68
TERMS:
R ECOMMENDED BIDDER: WI~E~_SAL£S .·~
DATE :
CITY OF )oNVILLE
BID TABULATION SHEET
02/23/2001 8:30A.M.
BY:I
CAPITAL FORD N.H.
UNIT UN IT
PRICE : A MOUNT: PRICE: AMOUNT:
$16,765.00 $16,765.00
$16,765:00 . -
"' • .! • ·~ l."f
~-..: ... !
\
TABULAT ~D OPENED BY:
C.J~. I IMAYORSWAIM
\1 {
UNIT UN IT UNIT
PRIC E : AMOUNT: PRIC E AMOUNT: PRIC E : AMOUNT: i
I
;"( " ---,1
City Council Of Jacksonville, Arkansas
AGENDA
Regular C it y Council Meeting
MARCH 15, 2001 7:00P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
Regular C ity Council Meeting
March 1, 2001
Regular City Council Meeting
February 15, 2001
Regular Monthly Report/February
Deputy of Public Works Jimmy Oakley
Regular Monthly Report/February
Police Chief Hibbs
Regular Monthly Report/February
Fire Chief Vanderhoof
9 . POLICE DEPARTMENT: REQUEST FOR MATCHING FUNDS:
LLEGB Fiscal Year 2000 Block Grant
10. STREET DEPARTMENT:
11. PARKS & REC DEPT: REQUEST TO ACCEPT BID:
Floor Covering
12. PLANNING COMMISSION:
13. GENERAL: a . REQUEST TO ACCEPT BID:
Mat & Towel Service
b. REQUEST TO ACCEPT BID:
OOO Z71.
Uniforms for Fire and Police Departments
ooo z :rz
CITY COUNCIL A G EN D A
March 15, 2001 continued
14. APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT
c. RESOLUTION 545 (#5-2001)
Advantage Arkansas/ICM, Inc.
d. RESOLUTION 546 (#6-2001)
Destruction of Finance Records
e. RESOLUTION 547 (#7-2001)
Supporting House Bill 1882/
Separate School District By Detachment
0002'73
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2001
7 :00 P .M. - 7 :20 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Co u ncil of the City of Jacksonville , Arkansas met in
Regular Session on March 1 , 2001 a t the re g ular meeting place of
the Council . Mayor Swaim delivered t he invocation a n d Chris
McCarty of Scout T roop 170 led a standi ng aud i ence i n the "P l edge
of Allegiance" to the fla g.
ROLL CALL: Alde r me n : E lliott , Smith, Lew i s , Sansing , Ray , Wilson ,
Stroud, Twitty and Howard answered. Mayor Swaim a l so answered ROL L
CA LL declaring a quorum . Al derman Fl etcher a r rived at approximately
7:04 p.m. PRESENT ten (10), ABS ENT (0).
Ot h ers present for the mee t ing we r e: City Attorney Robert E .
Ba mburg , Depu ty Ci ty Clerk Melanie Green , Direc t or of
Administration Murice Green , Human Resour c e Director Denn i s Foor ,
City Engi n eer Jay Whisker , Finance Director Paul Mushrush , Police
Chief Hibbs , Fi re Chief Va n derhoo f, Fireman Ron Peek , Parks and
Recreation Director George Bi ggs , Parks Assistant Administrator
Patty Walker , Mrs. Judy Swaim , Mrs . Edith Smith, Mr s. DeDe Hibbs ,
Mrs . He l en Stroud , Mrs . Lendy Lewis , Mr s . Addie Gi bson ,
Jacksonvill e Patriot Reporter Peggy Koury , and interested citizens.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of t he Regular City Counci l
Meeting of March 1 , 200 1 for approval and/or cor r ect ion at the n ext
Regular Ci ty Council Meet ing .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Wilson moved, seconded by Alderman Ray that the minutes of
the Regular City Council Meeting of 15 February 2001 be APPROVED .
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Smith moved, seconded by Alderman Lewis to APPROVE the
monthly Animal Control Report for February 2001 . Report reflects
the following :
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
422.00
0.00
422 .00
422.00
Alder.man Smith moved, seconded by Alder.man Lewis that the Regular
Monthly Report for February be APPROVED. Report reflects; Total
Value of Reported Stolen Property $98,443.00, Total value of
Recovered Stolen Property $61,333.00, Total Report Sales $206.00 .
1
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2001
7:00 P.M. -7 :20 P .M.
Alderman Smith moved, seconded by Alderman Lewis to approve the
Regular Monthly Report for February, which reflects a fire loss of
$116,800.00, and a Savings Total of $50,000.00.
ROLL CALL: Alderman Elliott, Smith, Lewis , Sansing, Ray, Wilson,
Stroud, Twitty, and Howard voted AYE. (0) voted NAY. MOTION'
CARRIED.
Mayor Swaim ac k nowledge d in appreciation a letter received from the
Pet Angles a n d Mrs. Knigh t commending the Council and the Animal
Cont rol De p artment for t h eir improvement efforts .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT: REQUEST FOR MATCHING FUNDS/Local Law Enforcemen1:.
Block Grant Fiscal Year 2000
Chief Hibbs re l ated t h at the LLEBG grant was applied for through
the block grant funds ava i labl e f r om the Federal Government with a
$5 ,000 matc h a n d t h e awar d a mount is $40 ,332 . He re l ated that t he
items to be purchased are a (1) Crown Victoria Police vehicle , (1)
Mu l ti-Media Pro j ector Computer , and tradi ng cars for o f ficers .
Mayor Swaim re l ated t h at the f unds are not budget ed and will need
to be drawn from the Equipment Fund .
Alderman Wilson moved, seconded by Alderman Howard to approv,;a
$5,000 .00 in block grant matching funds. MOTION CARRIED .
STREET DEPARTMENT:
PARKS & RECREATION DEPARTMENT: REQUEST TO ACCEPT BID FOR FLOOR
COVERING
Alderman Howard moved, seconded by Alderman Smith to approve the
low bid of $12,478 .00 from Contract Floors regarding floor
covering . MOTION CARRIED .
Mayor Swaim related that the floor cove ring will be installed
pr imarily i n the walki ng trac k area to repl a ce the carpeting and
the workout area .
2
0002'75
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2001
7 :00 P.M . -7 :20 P .M.
It was noted that the company is based in North Little Rock and
tha t funds will be drawn from the Parks budget.
In response to a question from Alderman Stroud, Director Biggs
related that roof leaks in the area near the entrance have not yet
been repaired. He related that the rubber f l oor covering will help
in appearance .
Mayor Swaim related that effo rts regarding the origina l contract
have caused a delay in roofing repairs.
At this time, MOTION CARRIED.
PLANNING COMMISSION:
GENERAL:
a. REQUEST TO ACCEPT BID FOR MAT AND TOWEL SERVICE
Alderman Wilson moved, seconded by Alderman Ray to approve the
low bid from Cintas Corporation in the amount of $344.44 weekly.
MOTION CARRIED .
Mayor Swaim noted that funds will be drawn from budgeted funds by
the various departments.
b . REQUEST TO ACCEPT BID FOR FIRE AND POLICE UNIFORMS
Alderman Wilson moved, seconded by Alderman Stroud to approve the
Fire and Police Uniform bid from Cruise Uniforms in the amount of
$2080.41 .
It was noted that Skaggs Uniforms submitted the low bid , but has
since gone out of business .
At this time, MOTION CARRIED .
c . RESOLUTION 545 (#5-01)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS,
CERTIFYING LOCAL GOVERNMENT ENDORSEMENT OF BUSINESS TO PARTICIPATE
IN THE ADVANTAGE ARKANSAS PROGRAM (ALSO KNOWN AS THE ARKANSAS
ENTERPRISE ZONE PROGRAM-ACT 947 OF 1993 AS AMENDED); AND, FOR OTHER
PURPOSES .
Mayor Swa im related that ICM is constructing a new building and
wi ll be purchasing additional equ ipme n t, adding that Mr. Bruce
McFadden would like the opportunity to use the Advantage Arkansas
Program regarding tax inc e ntives.
3
oo o::7 G
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2001
7:00 P.M. -7 :20 P.M.
Alderman Elliott moved, seconded by Alderman Smith to read
Resolution 545 . MOTION CARRIED. Whereupon City Attorney Bamb u rg
re a d the Re s olut ion .
Alderman Ray moved, seconded by Alderman Smith t o dispense with the.
reading of Resolution 545 in its entirety . MOTION CARRIED .
Alderman Smith
Resolution 545.
moved, seconded by
MOTION CARRIED .
d . RESOLUTION 546 (#6 -2 001)
Alderman Ray to apprOVE!
A RESOLUTION AUTHORIZING THE CITY CLERK TO DESTROY SPECIFIC FINANCE:
DEPARTMENT RECORDS ; AND, FOR OTHER PURPOSES .
Alderman Elliott moved, seconded by Alderman Lewis to reacl
Resolution 546. MOTION CARRIED . Whereupon Ci ty Attorney Bambur9
read the Resolution .
Alderman Ray moved, seconded by Alderman Sansing to dispense with
the reading of Resol ution 546 i n its entirety . MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing to approvE:!!
Resolution 546.
In r esponse to a ques t ion f r om Alderma n F l etch er , Mayor Swaim
related that the City Clerk 's Off i ce is ma inta i ning records b y
computer , and po inted out that micr of i che n o lon ger the mos ·t
i ne f f i cient manne r to mainta i n records and it i s h o ped tha t t he
Cit y wi ll obtain the ability to create data records with read/write
CD ROM.
At this time, MOTION CARRIED .
e . RESOLUTION 547 (#7-2001)
A RESOLUTION OF THE CITY COUNCIL OF JACKSONVILLE, ARKANSAS ,
EXPRESSING SUPPORT FOR PASSAGE OF HOUSE BILL 1882, WHICH ALLOWS FOR
CREATION OF A SEPARATE SCHOOL DISTRICT BY DETACHMENT; AND, FOR
OTHER PURPOSES.
Al derman S t roud re l ated tha t Re s o lu t i on 54 7 exp r esses support fo r
House Bi l l 1882 placed be f ore l eg i slat ion by Pat Bond. He relat e d
that the Bil l stems f r om a general feeli n g i n the City that
Jacksonvi l le needs its ow n school system and Hou se Bi l l 188 2 wou l d
a l low for t hat conside r ation. He related t hat the Bill has passed
t h e house committee, and i s presentl y befo r e t he Se nat e Educat i ona l
Commit t ee . He stated that in speaki ng wi th Senator Gwatney , he
feels that the Bil l will pass and encouraged ca ll s to Senato rs i n
support of the Bill.
4
-
0002 77
CITY OF JAC KSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 15, 2001
7 :00 P .M. -7:20 P .M.
Mayor Swaim stated that the resolution is a show of support and
does not automat i ca l ly establ ish a separate school distr i ct. He
pointed out that there has been some confusion r egarding the
Reso l ution and the annu al mi llage and that h e hoped the two wou l d
not be confuse d because there shou l d not be any re l ation drawn
between the two at this time .
Alderman Smith moved, seconded by Alderman Wilson to read
Resolution 547 . MOTION CARRIED. Whe r eupon Ci ty Attorney Bamburg
r ead the Resol u tion i n its entirety.
Alderman Fletcher moved, seconded by Alderman Stroud to approve
Resolution 547.
Alderman Sansing stated that there has been much frust r ation among
the resident s i n the Ci ty , adding that the City h as experience
essentially zero growth over the last few years as shown by the
census. He related that much of that can be attributed to the
lawsuit rega r ding Litt l e Rock School District and the Pulaski
County School Di strict and the fear from parents that their
children will be forced to bus. He stated that he fee l s it would
be better for citizens who have children not to have to live in the
constant fear of a lawsuit forcing their children to be bused
outside t h e City .
At this time , MOTION CARRIED.
2000 Census
Mayor Swaim stated that the census revealed that the City 's
population had grown by 815 residents, adding that Jacksonville
feels like most other cities in the State in that the count was not
as good as was hoped. He related that recently at the National
League of Cities Meetings it had been announced , that while most
cities f e l t they did not get a full count and the government
realizes a possible undercount, they hav e chosen not to adjust
those cou nts.
He stated that growth was projected between 30 ,500 and 30 ,600, but
added that he is still p l ease because over the last ten years there
were a number of changes at LRAFB and the City still showed
positive growth. He went on to say that some cities in Pulaski
County actually los t growth and in one City 's case there was a 2%
d e crease. He sa i d that he regrets more people did not participate
and understan d the impo r tan ce of the census count . He then related
that J acksonville wil l loose some Sales Tax revenue because of
larger growth in other cities, but fee l s while every dollar is
significant the loss i n the overall budget will not be too
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 1 5 , 2001
7:00 P.M. -7:2 0 P .M.
significant. He related the importance of lost budget do l lars ,
stating that absence of previously received revenue does make a
difference . He stated that there would be a sli ght decrease i n the
percentage from t h e Coun ty Sales Tax , and that it bears mentioning
that the City must be ever diligent not spend money t h at i t does
not have coming in the following year .
APPOINTMENTS:
ANNOUNCEMENTS :
ADJOURNMENT :.
Mayor Swaim without objecti on adj ourned the meetin g at:
approximately 7 :20p .m .
Respectfully,
Q w£w~~lli ~:l± L . Dav t
City Clerk-Treasurer
6
J
CITY OF JACKSONVII..L.E
BID TABULATION SHEET
01-0 /01/ 0
"
FLOOR COVERING Contract Jacksortvill ~g Cabot Re x Floors Floorcoveri Car pet C Playgroun li
ITEM UNIT UNIT UNIT UNIT UNIT
NO. QTY. DESCRIPTION PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE
1. 1 Floor Covering 1 2 ,47~. 14,427 95 1 6,58 .12 NO
BID
I
I I
I
I
I
TOTAL PRlCE: ~:~{: ~= ~: ~: ~=~=~= ~: : ~: ~=~= ~= ==~= ~~: :i:: 12,47~. ::::::::::::::::::: :·:·:·:·:·:·:-:·:·: =~=~:::::::::::~:~::: ·:·:·:·:-:-:-:·:·:· :;:::·:::·:::-:::::
TERMS:
RECOMMENDED BIDDER: Contract Flc ors
OPENED BY: Mayor Swaim
UNIT UNIT
AMOUNT PRICE AMOUNT PRICE
I
I
:=::::::::::::::::: -:-:-:-:-:-:-:·:·:· ~=~=~=~=~=~=~=~=~=~
AMOUN'
1"'111
0
0
N
~
~
i
0
ClJ
t ,-~
0
0
0
CITY OF JACKSONVIlLE
BD TABULATION SHEET
BIO NUMBER : JAX-01-002 DEPT.: City HaUTE: 3/02 /01 T1ME: 8:30AM TABULATEOBY: AB
HAT & TOWEL SERVICE CINTAS COR
ITEM
NO.I QTY.
1.
DESCRIPTION
HAT & TOWEL SERVICE
FOR THE CITY OF
J ACKSONV I LLE
AMOlM
344./~ek
TOTAL PRICE: k:=::::,:::::·:::~ 34 4 /w~:::::::::::::::::::· :·:-:..:-:·:.:-X---:-:-:-:-:-:-:-:-:-·
TERMS:
RECOMMENDED BIDDER: I CINTAS
AMooHT
DUSTY
MOP & HAT
AMOlM'
516.48/week
~~=~~=~~=:::::::~ 516 • 4 8~~1@~:~:~::;
AMOUNT
'=~=~=~=~=~=~=~~:}
Oi'E>lED BY: Mayor Swa im
AMOUNT AMOUNT AMOUNT
\;::~=~~=~=~=~=~=~= L:~:~:~:~:E:E:E:~:~
BID#: JAX-01-0006
2
FIRE DEPARTMENT UN IFORMS j
POLICE DEPARTMENT UNIFORMS
CITY Of P NVILLE
BID TABULATION SHEET
DEPT: FIREJPOUCE DATE: 03/01/2001
$ 1,309.761 $ 1,207.85
0
0
0
~
CJj
~
nn··· 3ry 0~.-U.·. :1.-City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
APRIL 5, 2001 7 :00P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
Regular City Council Meeting
March 15, 2001
Regular City Council Meeting
March 1, 2001
(Animal Control) Regular Monthly Report/March
Director of Public Works J immy Oakley
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT: REQUEST TO ACCEPT BID:
11. PARKS & REG DEPT:
12 . PLANNING COMMISSION:
13. GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
a .
Crack Sealing Machine
ORDINANCE 1153 (#7-01 ): Reclassifying
10001 So. HWY 161
UPDATE from CenturyTel by Marion Scott
JACKSONVILLE HOUSING AUTHORITY
Reappointment of Ferrell Gray for a term
to expire March 17, 2006
b. JACKSONVILLE WATER COMMISSION
Reappointment of Gordon Koops for a terrn
to expire April20, 2008
c. JACKSONVILLE CIVIL SERVICE
Reappointment of Ron McDaniel for a term
to expire April 1 , 2006
OOOZ33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AJ?RIL 5 , 2001
7:00 J?.M. -8:07 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 April 5, 2001 at the regular meet i ng place of
the Council. Al derman Lewis delivered the invocation and Mayor
Swaim led a standing audience in the "Pledge of Allegiance" to the
flag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Ray, Wilson, Fletcher,
Stroud, and Howard answered . Mayor Swaim also answered ROLL CALL
declaring a quorum. Alderman Sansing arrived at approximately 7:03
p.m. and Alderman Twitty was absent . PRESENT nine (9), ABSENT (1).
Others present for the meeting were: City Attorney Robert E.
Bamburg , Deputy City Clerk Me l anie Green, Director of
Administration Murice Green, Human Resource Director Dennis Foor,
City Engineer Jay Whisker, Finance Director Paul Mushrush,
Purchasing Agent June Brown, Police Chief Hibbs, Fire Chief
Vanderhoof , Parks and Recreation Director George Biggs, Parks
Ass i stant Admini strator Patty Walker, Mrs. Judy Swaim, Mrs. Edith
Smith, Mrs. De De Hibbs, Mrs . Lendy Lewis , Mrs. Addie Gibson ,
Jacksonville Patriot Reporter Peggy Koury, and interested citizens.
PRESENTATION OF MINUTES:
Mayo r Swaim presented the minutes of the Regular City Council
Meeting of March 1 5, 2001 for approval and/or correction at the next
Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of
the Regular City Council Meeting of 1 March 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Lewis to APPROVE the
monthly Animal Control Report for March 2001. Report reflects the
following:
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS /FINES .............................. $
TOTAL ............................................................ $
300 .00
0.00
300.00
300.00
ROLL CALL: Alderman Elliott, Smith, Lewis, Ray, Wilson, Fletcher,
Stroud, and Howard voted AYE . (0) voted NAY. MOTION CARRIED.
1
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2001
7:00 P .M. -8:07 P .M.
POLICE DEPARTMENT : Police Chief Hibbs related tha t from officers
recently a t tendi ng the Arkansas Law Enforcement Training Academy,
Officer Ki m Let t was number one i n her class and d i d an outstandin9
job of representing the City of Jacksonville.
STREET DEPARTMENT : Request to Accept Bid for a Road Crack Sealin9
Machine
Mayor Swaim expl ained that freezing and thawing con ditions develop
cracks regarding concrete and asphalt streets, pointing out that i f
l eft u n sea l ed or overlaid immediately , they begin to worsen. He
related that the Sealing Machine shoots an expansive emulsion into
the c r ack , which al l ows for the expansion and contractions
regarding varyin g weather condit i ons . He pointed out that the usE=
of the machine extends the life of the street. He then related
that two years ago the Ci ty borrowed a Sealing Mach i ne from
S h erwood, add i ng that the repairs have held up very wel l and h as
pro l onged the life of the streets considerably . He stated that the
City is comfortable wit h the low bidder and has budgeted for the
purch ase .
Alderman Elliott mo v ed, seconded by Alderman Howa r d to accept th1:i!
low bid from L R Equipment in the amoun t of $36 ,400 with funds b:>
be drawn from the Street Department Fund .
I n response to a quest i on from Alderman Wilson, Mayor Swaim related
t h at i t is a large machine which is pulled behind a dump tru ck ,
approximate l y six to eight f eet in length and has a large wand that
spays heated emulsion from a tank .
At this time, MOTION CARRIED.
PARKS & RECREAT I ON DEPARTMENT :
PLANNING COMMISSION : ORDINANCE 1153 (#7 -01)
AN ORDINANCE RECLAS SIFYING PROPERTY IN THE CITY OF JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: 10001 SOUTH HI GHWAY 161, JACKSONVILLE,
ARKANSAS) ; AMENDING ORDINANCE NUMBERS 2 1 3 AND 238 AND THE LAND USE
MAP OF THE CITY OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES..
Mayor Swaim explained that t he property i s adjacent to Ing l e Fence
Company on Highway 161.
2
OOOZ85
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. - 8 :07 P .M.
Alderman Smith moved , seconded by Alderman St r oud that Ordin ance
1153 be placed on FIRST READING. RO LL CALL : Aldermen Elliott,
Smith , Lewis , Sansing, Ray, Wilson , Fl etcher , S troud , and Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED . Whereupon , City Attorney Bamburg
read the Ordinance.
Alderman Ray moved, seconded by Alderman Smith to dispense with the
reading of Ordinance 1153 in its entirety. ROLL CALL : Aldermen
El liott , Smith , Lewis, Sansing , Ray , Wilson , Fletcher, Stroud , and
Howard voted AYE. NAY (0). Motion received nine (9) affirmative
votes, (0) negative votes . MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Lewi s t o approve Ordinance
1 153 on FIRST READING . RO LL CALL: Aldermen Elliott , Smith, Lewis ,
Sansing , Ray , Wilson, Fletcher, Stroud , and Howard voted AYE. NAY
(0 ). Motion received nine (9) affirmative votes, (0) negative
votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wil son to suspend the
rules and place Ordinance 1153 on SECOND READING. ROLL CAL L:
Alde rmen Elliott, Smit h, Lewis , Sansing , Ray , Wilson, Fletcher ,
Stroud , and Howard voted AYE . NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED. Whereupon,
Ci ty Attorn ey Bamburg read the Ordinance.
Alderman Sm ith moved, seconded by Alderman Ray to fur t her suspend
the rul es a nd place Ordi n a nce 1153 on THIRD AND FINAL READING. ROLL
CALL : Aldermen Elliott , Smit h, Lewis, Sansing , Ray , Wil son ,
Fletcher , Stroud , and Howard voted AYE . NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED.
Whereupon, City Atto r ney Bamburg re ad the Ordina n ce .
Alderman Fletcher moved , seconded by Alderman Elliott to APPROVE
AND ADOPT Ordinance 11 53 . ROLL CALL : Aldermen Elliott , Smith,
Lewis , Sans i ng , Ray, Wilson , F l etcher , Stroud , and Howard voted
AYE. NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1153 THIS THE 5 th DAY OF
APRIL 2001.
3
ooo ~:3 G
GENERAL: UPDATE from CenturyTel
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 200 1
7:00 P .M. -8:07 P.M .
Ms. Marion Scott expresse d appreciation for the opportunity to
update the City Counci l, and introduced he rself as the new General
Manger of what is now termed the "No rth Arkansas Ma rket" of
CenturyTel. She related that CenturyTel realigned the territories
into markets rather than divi sions , explaining that instead of
h aving the entire State with portions of responsibility for the
various functions, it is now d i vided into market c l usters and she
is responsible for all functions in the North Arkansas market. She
pointed out on a territory map se r ved by CenturyTel , that her area
(Nort h Arkansas market) is everything north of TexArkana and PinE!
Bluff.
She r elated that she ha s enjoyed her brief time in Arkansas , beinsr
in Jacksonville since January 23 , 2001 and is still enjoyi ng at
this time staying in a hotel h ere in Jacksonvi l le. She stated that
prior to coming to Jacksonville she had approximately 20 -years in
the telephone industry in the technical side of operation s , workinq
in the field as an engineer on both outside p l ant operations and
transmission. She admitted that the majority of her experience has
not been in customer service , marketing, or sales, but the
technical issues th at face the i ndus t ry.
She related the good n ews that CenturyTel employs 1 84 employees in
Jacksonvill e f rom th e build ing on Main Street with an annual
payroll of 7 million dollars , whic h is beneficial to the
Jacksonville economy . She related that the company has 30
vehicles, which p urchase gas in Jacksonville , and rep a irs and
maintenance are performed here. She stated that CenturyTel is b i g
in community inv olvement and a l l management personnel are expected
to choose an organization that they feel that they can cont ribute
to as members . She then re l ated that CenturyTel sponsors an "image
program' regarding participation in community craft activiti es , for
which reward points are earn ed by the employees i n a g iven period
of time for t h e ir community involvement , adding t hat most
participate just because they love doing it . She related that so
far , CenturyTel has logged approximately 2 , 000 image hours in
Jacksonville and made $32,000.00 in contributi ons to various groups
and area causes.
She stated that CenturyTel offers new services to the City
regarding dial -up Int ernet and digital subscriber line which is a
high speed internet serv i ce. S he po i nted out that this is
particularly i mportant when technica l companies approach the City,
because one of the first questions is regarding the communication
structure and digital subscriber line. She stated that those
services are ve ry high tech and most compan i es of CenturyTel ' s si 2:e
or larger, particul arly the bell operating companies and GTE do not
4
000~37
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING .
APRIL 5, 2001
7 :00 P.M. -8:07 P.M .
offer digital subscriber line, adding that i t is because primarily
of the complications in deploying the service. She stated that
overall CenturyTel will deploy DSL to 60% of its access lines this
year or approximately 160,000 customers in Arkansas. She related
that Jacksonville already has DSL deployed to the core area of the
City. She re lated that in Phase II that service will be carried
out to what is termed our "digital loop carriers", adding that once
there are upgraded customers within 18 thousand feet of those
carriers they wil l also have DSL avai l able. She pointed out that
this is a good point in favor when Industry is looking at making
Jacksonville their business home.
She stated that capital investment in Jacksonville since last
August total approximately ~ of a million dollars, which was
achieved by updating switches and providing the features just spoke
about . She analogi zed that a car does not run wi thout a good
engine and that a lot of the engines purchased by CenturyTel in
these properties were very out dated , so mu l tiple levels of
upgrades were required. She further related that it is comparable
to a home compute r upg rading from DOS to Windows NT o r a ny other
various version of Windows, point i ng out that all switches are just
big comput ers , so in order t o bring them up to what i s termed "the
most recent generic software load", CenturyTel had to go through
various steps, and then in between the steps they loaded "pa tches"
or "debugs" which i s a very costly and time consuming operat ion.
She s tated that all switches in the State h ave b een upgraded to the
l atest gen eric , and that there is no switch even in the United
States that is a newer generic than wha t Arkan sas has now. She
reported that the two switches in Jacksonvi lle are called GTD S 's ,
which is a brand name and is the latest in that technology .
She related that she is aware of the recent problems regarding long
distance calls out of the area , stating that l ong distance is a
strange animal and further expla i ning that CenturyTel does not own
the trunking fac i l ities tha t carry long distance traf f i c . She
related that those facilit i es are provided through agreement with
inter-exchange carriers for transport to complete the upgrade,
adding that 192 trunk additions have been comp l eted into
Jacksonvi lle as of yesterday. She related that long distance
difficulties will be helped substantially. She then pointed out
that Ce nturyTel opened a retai l store in February for customers t o
order new services or pay their telephone bil l s. S h e reviewe d
stock items and relat ed t hat prices have been kept very low and are
offered mostly as an attraction .
She stated that a current project has been 911 address ing updates
in Arkansas Counties , pointing out t hat it is the respons i bility of
the telephone company to verify 911 addressing . She state d t h at
5
ooo zsa
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. -8:07 P.M.
CenturyTel has presently spent approximately $108,000 on that
project and that it should be complete in Novembe r. She further
stated that records verification has also begun , explaining that
unfortunately the records rece ived from the previous owner were not
very good and CenturyTel is having to go back and scrub those
records one at a t ime. She stated this began with "frame
verification" which is comparing what is physically leaving the
switch with what is in the switch. She related that through t he
process it was found that about 1, 000 customers have not been
billed since CenturyTel 's purchase because they were not able to be
locate in the records. She stated that the verification is helpin~·
to get records cleaned up, identify customers, and make sure the
customer and CenturyTel are receiving equitabi lity.
She stated that she had been asked about local representation and
was pleased to report that loc ally Jacksonville has a stron9
presence with people like Donnie Farmer and Bill Rouse . She then
expressed regret in relating that Donnie had recently announced his
retirement , but also stated that CenturyTel would try and find
someone who will represent the community as well as Donn ie had f or
all those many years . She related that Bill Rouse is the loca l
area plant supervisor and serves on the Chamber Board , adding that:
he has 30 -years of experience in the industry and is very involved
in community activities and enjoys doing so. She stated that
Jacksonville has some wonderful local representation for issues
that you need to escalate, saying that these representatives are
here for you.
She stated that before closing she did have some bad news to
relate , stating that in three t o four days a letter will be mailed
t h at could cause Mayor Swaim some grief. She went on to explain
that a few months ago, in reaction to compet i tion , CenturyTel began
offering a $19.95 unlimited State-wide ca l ling p l an; however , there
had not been any analysis performed prior to the offer . She
related that the p l an 's intention was for voice traff ic only , but
that was n ot specified and it did not restrict other uses ;
consequently, people began using the plan for dial-up Internet
service into Little Rock. She then explained that every minute of
l ong distance time used by a customer, CenturyTel must pay for that
minute as well. She pointed out that while such a calling plan for
a low usage customer makes the company money, very quickly those
lines merge regarding long distance dial -up Internet and the
company begins subsidizing . She related that a ll communication
companies are beginning to face "whole time" on their toll plans,
especia l ly where local dial-up I nt ernet service is not available .
She stated that there are some pockets of subscribers who do not
have local dial -up Internet but that does not af f ect Jacksonville .
6
000289
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRI L 5, 2001
7 :00 P .M . - 8 :07 P .M .
She stated that the loss of a ca lli ng plan that allows unlimited
calling into a community of interest is difficult for subscribers
and that it is her hope that not many residents i n Jacksonvi lle
will be impacted . She then o ff ered that the un limited plan is
being substitut ed with two other plans; one is a $19.95 plan that
caps at 300 minutes for vo i ce , i nternet , instate, and o ut of state
for a flat fee of $19 .95 , after which is . 08 cents a min ute;
secondly the o t her plan a llows unlimited talk (vo ice) time within
the State for $39.95 monthly. She stated that CenturyTel was
losing over ~ million dollars monthly on the plan with only 3500
subscribers on the p l an , adding that it makes a significant impact
on fina nc ial statements. She stated t hat hopefully she has given
some in format i on that wi ll be helpful with re sidents who may call .
She stated that she did not want to end on a n e gative note ,
pointing ou t that she was accompanied by Debbie Shumate a company
repre s entative in the are a. She re l ated that Ms. Sh umate has lived
in the area her whole life and go l fs at the Country Club , and is
known by ma n y in the commun ity . She stated that she and Ms.
Shumate would be happy to help with c a lling needs, and has offered
her ca r d if anyone wou ld like to ca ll her office di rectly . She
stated that Jacksonville was her pick and that she has enjoyed
herself very much since coming to the area.
In response to a question from Alderman Wilson , she related that
the tota l remodel of the building on Main Street is budgeted at 4
million dol l ars , however , because of the signifi cant loss taken on
the long d istan ce plan the r emode li ng wi ll not occur this year .
She then related that p l ans to purchase an adjacent building ha ve
fa l len t h rou gh , b ring ing focus back to the remodel of the current
building. She stated t h at she would be p u shing for some safety
issues thi s year , mentioning th e carpetin g and t h e sprinkler
system .
Alderman Fletcher expressed appreciation for the l ocal CenturyTel
representation and stated that as a homebuilder he has exper i enced
difficulty with other utilitie s .
Alderman Stroud also welcomed CenturyTel a n d questioned t h e
possibilit y of wireless service .
Ms. Scott related the possibility of a resale wireless option, but
stated that is not on the boards for the next 12 months.
Al de rman Strou d then related difficulty last year regarding
comple te service from Alltel in receiving a landline. He stated
that Al ltel referred him to CenturyTel who was u nable to provide an
a n sw er to why he could not receive Alltel service .
7
OOO Z30
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. -8:07 P .M.
Ms . Scott stated that she suspected it may have been CenturyTel,
adding that from what she understands All tel put swi tches in
Jacksonvi lle and Russel l vi lle , but have declared an intention to
remove their switch from Russellville and go to what is termed a
resale arrangement. She related that All tel is considered a
facilities based competit i ve local exchange, because they have a
switch and could have a home device , stating that those two
elements would make them a facilities based provider . She then
related that i f , h ow ever they just solicit subscribers as a
customer the can sometimes offer better rates than CenturyTel can.
She exp l ained that this is because CenturyTel is regulated, while
Alltel is not, adding that it provides Alltel with a compet itive
advantage at this time. She further explained that this is the way
it has been set up because they felt that the regulated pendulum
has swung in our favor for a while so now it is going to sw i ng i n
the opposite direction before i t settles in the middle. She also
explained that if Alltel were to lease a "pai~' from CenturyTe:
regarding anything other than exist i ng tel ephone lines there may
no t be a facil i ty available, because facilit i es are tight , adding
that i f a subscriber were going to disconn ect their CenturyTel line
and get an Allt e l line in its place then there is no reason why
they could not be provided that service.
Mayor Swaim related that some residents have said that they are
still not able to get DSL service.
Ms. Scott related that not all of Jac k sonville is DS L capable ,
explaining that CenturyTel was very careful in marketing for DSL in
Jacksonville regarding capabi lit y . She explained "cable impair"
saying that every telephone line has a p i ece of line equipment in
the office and that line equipment is connected to a subscribers
home o n a pair of cables. She went on to say that in Jacksonvi ll e
all of the cab l e pairs out of the office were l oaded , in other
words they had a device on them that amplified the electrical
s ignal that goes to your home immediately out of the office. She
related t hat as an engineer s h e previously used what were called
RUS standards, also referred to as REA, adding that they did not
load for eighteen thousand feet . She stated that a l o aded pair
cannot have DSL, pointing out that some electronic equipment in the
field is not DSL capable which is where they use a high frequency
pair of wires to feed a concentrator which in turn feeds a group of
customers . She related that it extends the life of the pipe and
then it mu ltiplexes the signal o ut, sending a broken down signal to
each person. She related that Phase I of the DSL rollout in
Jacksonville was to de -load that physical cable out of the office ,
which has been achieved. She then related tha t the cable tha t
comes from the CenturyTel o ffi ce i s in manhole systems , wh ich are
8
000291.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. -8 :07 P.M .
fl ooded most of the time. She s ta ted that t he l oaded cab l es are in
l ead encapsula t e d sleeves , me a ning that mol ten l ead was poured
aro und t he cable and i t b e c a me a solid mas s that is not pe n e trable
without tea ring open the ent ire cas i n g. She sa id that to de-load
pairs they first considere d wh o was n ot o n o ther e l ectro nics out o f
the sw itch and tho se pairs were de -loaded in the manholes. She
s tate d t hat while it may n ot sound like mu c h, it is extensive and
took many man-hours to accomplish. She related that it b e gins with
p um ping water out of the manhole and tha t blowing devices have to
b e u se d to keep th e gases out of the ma nhole as the y work . She
then related that at the e n d of the workday t hey can not just shut
t he manhole a nd leave because the p aper she athed cable ha s to be
protecte d from moisture that could a ccumulat e during t he night. She
re lated that CenturyTel is now ab l e to servi c e a certain group on
the n o n-loaded cable . She p ointed out t ha t Phase II i s going to
upgrade selected electronics in t he f ield to also be DSL capable,
a dding that Ce nturyTe l can get the signal o ut that far for DSL but
once you go through the electronics t hey have to be f itted to allow
DS L to pass through. She said that not all vendors have that option
yet , but Cent uryTe l is able to provide that option wi t h a vendor
ca ll e d Marcon i or Lightspan, and i s currently con ducting a fiel d
trial with AFC, which is another vendo r . She added however , that
the field trial has not yet been approved. She s t ated that duri n g
Phase II , more of th e population will be a ble to get DSL and
CenturyTel will market t o those who become DS L capable . She
me ntioned some unfor t unate exu beran ce from t h e co rporate off i ce
regarding mailers to cus tome rs who are not DSL capable ye t . She
related t h at having 60% of al l l ines i n the State DSL capable by
the end of th e year is r eal ambitious and signif i c ant for any
company their size.
In r esponse to a ques tio n f r om Ald erma n Wilson , s h e stated that
Cent u r yTe l does try t o consider the commerci al areas first if they
are fed wi th electronics that are DS L capable , which is why t h ey
de -loaded the core a r ound the Ce n turyT e l office .
Mayor Swaim expressed that he was confu sed regardi ng re -addressing
for 9 11, s t ated th a t t h e City spent a great dea l of time o n 911
addressin g i n t h e late 1980 's and that Ja c ks onv ille was the first
city in the State to h ave 911 addre ss ing . He pointed out that 9 11
addressing h as been in place and working fo r many years .
She stated that it mi g h t not be in th e City of J acksonvi lle , saying
that the 911 verificat i o n is going on through out all a re as that
Cen t uryTel serves . She fur ther stated that she may h ave misspoken
in that t h ey are d o ing verif i cation not re-address ing.
9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2001
7:00 P .M. -8:07 P.M.
Chief Vanderhoof related that Valentine Road and Southeastern
experience a few miscodes but has been corrected fo r some time .
Mayor Swaim stated that he appreciates Ms . Sco tt 's willingness to
update Council , adding that there was disappointment in the contact
and relationship over the last few months, but are now glad that
CenturyTel is here and interested in communicating with the City.
He mentioned difficulty with her predecessor , saying that he feels
more confident regarding the public re lations end . He e xp resse d
the importance for te lephone customers to be able to get answers
regarding their bills and that the City feels very strongly that.
ther e needs to be some p oint of contact, some public relat i on
situation where particularly especially the elderly can call and
have someone wi l l h elp them with the i r problems .
Ms. Scott apologized , saying that during the transition they did a
horrible job in their ca ll center, but that answer times have
improved significant ly regarding daily readings. She s tated that
the company 's goal is to answer all calls within 20 seconds with no
more than a 2% abandon rate with a stable workforc e in place
training is now being conducted for the two cal ling centers in
Arkansas.
Mayor Swaim questioned any advantage for CenturyTel to have a 1 -800
number for local calls , adding that i t is somewhat confusinq
because people think they are calling out of the area .
Ms . Scott stated that the 1 -800 number is a traffic issue because
of the way the line is broken out and shared among different
ent ities. She stated that there is a loca l repa ir center in
Jacksonville , which opera t es as a ca ll cent er as well .
In response to a comment from Alderman Ray, Ms . Scott related that
problems wi th crossover talk is a result of moisture on paper
sheathed cables wh i ch they hope t o e v entual l y rep lace.
In response to a quest i on from Alderman Wi lson regarding 911 calls ,
Ms. Scott related that it is identi fied to the nea rest tower , it
does not identify back t o an address .
Mayor Swaim stated that t h ere was a mandated time to have the
triangular fixed so tha t you can triangle off of t hree towers for
location but because of t echni ca l problems that has not come to
pass ye t.
Ms. Scott stated there are 20 ,000 wireless exchange access lines in
t he north Arkansas , but the majority of h er market is wire l i nes o f
approximately 270 ,000 .
10
000293
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5 , 2001
7 :00 P .M. - 8 :07 P .M.
The Counci l t hanked Ms. Scott for appearing and providing
information.
Alderman Sans i ng questioned the reimbursement regarding over
collec tion by GTE.
Mayor Swaim related that tentatively CenturyTel may be providing
the re imbursements since they have the records and it would of fer
a greater opportunity for customers t o be reimburse who did not
keep their bills. He stated that the reimbursements may be hand l ed
through a credit or deduction o n the up coming bills.
Discussion ensued as to having other utilities bring upd ates to
Council.
Mayor Swaim re l ated that the Gas Company reopened their office as
a direct result o f concerns form ci t izens not having local
repre sen t at i on .
DEVIATION IN AGENDA : RESOLUTION 548 {#8-2001)
A RESOLUTION IN SUPPORT OF THE CONDEMNATION FOR PERMANENT
EASEMENT/PUBLIC RIGHT-OF-WAY FOR CERTAIN REAL PROPERTY REQUIRED FOR
THE CONSTRUCTION, DEVELOPMENT, AND USE OF THE PROPOSED MAIN STREET
OVERPASS; AND, FOR OTHER PURPOSES.
Alderman Elliott moved, seconded by Alderman Smith to suspend the
rules and place Resolution 548 on the agenda. MOTION CARRIED.
Mayor Swaim related that in efforts to progress wi th the overpass ,
a problem developed with the railroad righ t-of-way crossing . He
stated that the ra ilroad feels that the City is crossing their
r ight -of -way although we already have a road across the tracks and
the railroad has estimated the value to be a l most $18 ,000 . He then
related that the Highway Department app ra i sed the value at zero, so
as opposed t o paying $17 ,891 , the City has condemned t he property
with the blessing of t h e Highway Department. He related t h at this
is the l as t piece of right -of -way that he is aware of and
Resolution 548 condemns that right -of -way.
Alderman Wilson
Resolution 548 .
moved, seconded
MOTION CARRIED .
by Alderman Elliott to Read
Alderman Ray moved, seconded by Alderman Stroud to suspend with the
reading of Resolution 548 in its entirety. MOTION CARRIED .
Alderman Fletcher moved, seconded by Alderman Wilson to approve
Resolution 548 . MOTION CARRIED.
11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. -8 :07 P .M.
Alderman Wilson expressed d i spleasure with the actions of Union
Pacific Rai l road a n d suggested that a l etter be forwarded out lining
efforts and funds expended in this project to avoid future problems
regardi n g the i n tersection .
RESUME AGENDA :
APPOINTMENTS:
Alderman Smith moved, seconded by Alderman Ray to approve the
reappointment of Ferrel Gray to the Jacksonville Housing Author i t~·
for a term to expire March 17, 2006 . MOTION CARRIED .
Alderman Ell iott moved, seconded by Alderman Wi lson to approve thet
reappointment of Gordon Koops to the Jacksonvil le Water Commission
for a term to expire April 20, 2008. MOTION CARRIED .
Alderman Fletcher moved, seconded by Alderman Wilson to approve thE~
reappointment of Ron McDaniel to the Jacksonvi lle Civil Serv i cE~
Commission for a term to expi re April 1, 2006. MOTION CARRIED.
PACKET ITEM:
Alderman Stroud stated that aside from t he possibility o f
Jacksonville having its own school district, there are oth er th i ngs
t hat need to be addressed in the best interest of Jacksonville . He
referred to t h e efforts t o correct unsightly problems in
Jacksonville and stated that it will require more than just an
ordinance rega r ding trash pick-up . He expressed concerns f or the
l ack of planning regarding items outside the previ e w of the Master
Plan , which guides the Planning Commission. He then related a need
for the City Council to meet with the Plann i ng Commission and
Department Heads in what he termed as a "Planning Semina~', to work
on future plans regarding the City's appearance. He re l a t ed that
efforts t o make improvements may cause hostility for those
involved, but added that it is unfair to the citizens wh o take care
of their property. He asked that the Council review his letter f or
consideration and solutions . He related that with the possibi l i t y
o f new school system , Vertac being a completed issue and the new
overpass it is time to consider Jacksonville 's future direction .
Alderman Smith stated that he has been aware of unsightly problems
and concurred in support that action needs to be undertaken to keep
Jacksonville a beautiful city .
Alderman Sansing stated that the City in t he past has taken a
react i ve stance and voiced support for a pro -active stance
including enforcement of the existing ordinances . He related that
12
000295
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7 :00 P.M. -8:07 P.M.
one Co d e En f orcement Officer is current ly on vacation for three
wee k s s o the City has one o fficer left. He r ela ted the need to
enfo r ce stricter ordinanc es and urged a pro-active st a n ce .
Alderman Howard stated that many v iolators are repeat of fend ers ,
requiring two l etters from the City b efore acting to c o rrect the
p roblem . He related that as he has stated i n the past , if it take s
more money in this particular area n e is in support of t h a t. He
relat ed that he is approached almost everyday regarding these t y pes
o f i ss u e s. He stated that while the Cit ywide clean up is a good
place to start , this is not just a o n e time fix. He pointed o ut
the n eed f or area business in town to clean t h e i r p roperty also . He
stated that items of concern need t o b e a ddressed and the Co unc il
can do that.
Al derman Fletche r stated that he felt the solution wou l d requ ire
mo re funding and cited problem a r ea s such as Redmond Road by Dupr ee
Park regarding tre e limbs that are broken o ff a nd have n o t fa llen
t o the g round . He stated that the sad thing i s that wh ile the City
has ordi n ances , it cannot legislate pri de , and tha t i s wh a t it wi ll
take to complete l y handle this situation . He stated t hat it seems
l and l ords are more concerned about the mo n thly r ent than the u pkeep
of their rental property . He suggests that o rdinances from other
cit ies rega r d ing landlords be r ev i ewed . He asked that the City
Attorney researches and return with t h os e ord inances.
Alderman Sa nsing pointed o u t t h at current ordinances direct
occu pan t s and owners to be respon sible for property upkeep .
Mayor Swaim related t h at the City does need to strengthen the
ordinances regarding some areas and that it h as been discuss e d t h at
there i s some sub j ective mat eri al that may need to specify wh at is
considered unsightly . He re l ated on-going effo r ts invo l v ing
himself , Mr. Green, Engineering , and Code Enforcement t o bring
r ecommendat ions to the Counci l including that when s umme r personnel
i s hired fo r Code Enforcemen t that position be retained f ull time .
He then related t h at the City received a grant through the Cent r a l
Arkansas Planning De velopment District, which provides sta f f to
work on City c l eanin g right-of-ways regarding trees a nd limbs. He
stated that t he y have b een doing so for approximately 1~ we eks ,
pointing out that their salari es are funded while the City p r ovides
a s u pervisor. He stated that while efforts a r e being made it will
t ake a long t ime before o ur City looks like it shou ld. He pointed
out c l ean up efforts in th r ee trai l er parks recently purchased. He
stated that t he City c an keep t h e extra personnel as long as the
fun ds last, which h e hopes will be at least six to eight months.
1 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 5, 2001
7:00 P .M. -8:07 P.M.
Alderman Fletcher suggested Aldermen concentrate on their wards for
a more workab le si t u ation .
Mayor Swaim related that the Citywide clean up is Saturday at
Dupree Park beginning at 9 :00 a .m.
He then s tated that Mrs . Bond has been working very diligently
r egardi n g efforts to creat e a mechanism by where some t ime in the
future Jacksonville would have an avenue to form its own school
d is trict . He re l ated th a t the l ast amend ment was adopted in the
Senate and will be considered by vot e on Monday. He suggested that
those interested call their Se nator a nd encourage them to vote f or
passage . He pointed out t h at it does not automatically create a
new school d istrict and it does not e limi nate the need for
i mp r ovemen ts in our current school system. There f ore , even i f i t
does come to fruition we still need to be working hard to br i ng
Ja c ks o nville schools into proper conditio n. He stated that i t is
ve r y dif f icu lt to show our City with pride , when school building s
a r e i n a dilapidated condition. He stated that improvements need
t o be completed not j us t f or the appearance of t he City , but for
the pride of the students and t he quality o f education. He related
the mental connection t o having an atmosphere c onducive to learninq
as we l l as having good programs with good teachers .
Alde rman Wilson related that t he re will be a meeting Monday night
at 6: 3 0 p.m. at the Corrun u ni ty Center regarding t he May gth millage
electi on . He stated that this is an opportunity to be pro-active
and accomplish what needs to be do ne regarding improvements to
Jac ks onvi l le schools . He spoke about its meaning regarding th (~
c h ildren 's education and having adequate facilities in which to
lea rn . He encouraged attendance for what he t ermed a matter "huge
in the futur e of Jacksonville".
ANNOUNCEMENTS :
ADJOURNMENT:
Mayor Swaim without objection
approximately 8:07p.m.
Respe ctful ly,
14
adjourned the meeting at
t ..
1 1
CITY OF JACKSOtMl.LE
BID TABULATION SHEET
OPENED BY: Mayor Swaim
BID NUMBER: JAx Ol-008 DEPT.: OAT£: TIME: TABULATED BY: AB
Street 3/19/01
Cr ack Sea ling Ma chine
ITEM
NO.I QTY.
1.
t
DESCRIPTION
Crack Sealing
Machine
UNIT
3 ~,40<1.00
TOTAL PRICE. ~=·=·=<·=·=·:·:·:·:·!3 6 4oot============:=:=:=:= • ·:~:::::::::::::=::. I .·:•:-:•:•:•;•"•"•"•'
TERMS:
RECOMMENDED BIDDER: I LR EQuip
No
Bid
9:00AM
I UNIT I I UNIT I I UNIT
AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE IAMOUNT
39 ,330100
l ~=~~;~:~=~=~*:::: 1:~:~:;:~{:::::::::· 1:::::::::::::~::::: 1:::::::~:~:;:::? "==~:::i~:::;:·
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~
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
APRIL 19 , 2001 7 :00P.M.
1. OPENING PRAYER:
2. ROLL CALL :
3 . PRESENTATION OF
MINUTES :
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
April 5, 2001
Regular City Council Meeting
March 15, 2001
Regular Monthly Report/March
Police Chief Hibbs
Regular Monthly Report/March
Fire Chief Vanderhoof
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT:
12. PLANNING COMMISSION :
13. GENERAL: a. REQUEST TO ACCEPT BID :
Information Technology Services
b. REQUEST FOR FUNDING:
Purchase of Property for Parking
Municipal Court Building
c . REQUEST TO ACCEPT BID:
d.
Tree Removal on South Road
DISCUSSION : Use of Facilitator for
Planning Purposes (Alderman Stroud)
0000[)1.
14 . APPOINTMENTS: WASTEWATER UTILITY COMMISSION
Reappointment of Tommy Bond for
a term to expire 4/20/2006
15. ANNOUNCEMENTS:
ADJOURNMENT
000 0 3~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2001
7 :00 P.M . -8 :05 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci ty of Jacksonville , Arkansas met in
Regular Session on April 5 , 2001 at the regul ar meeting place of
t h e Co u ncil . Mayor Swa i m delivered t h e invocation and led a
standing audience in the "Pledge of Allegiance" t o the flag.
ROLL CALL: Aldermen : Elliott, Smith , Lewis , Sansing , Ray , Wilson ,
Stroud , and Howard answered r oll ca l l. Mayor Swa i m also answered
ROLL CALL dec l arin g a quorum. Alderman Twi t ty arrived a t
approx i mately 7 :03 p.m. and Alderman Fletcher arrived at
approximately 7:06p.m . PRESENT t en (1 0), ABSENT (0).
Others present for t h e meeting we r e : City Attorn ey Robert E .
Bamburg, Deputy City Clerk Me l ani e Green , Director of
Adm i nistration Murice Green , Ci ty Engineer Jay Whiske r, Finance
Director Pau l Mush r ush , Purch asin g Agent June Brown , Police Chief
Hibbs, Fire Chief Vanderhoof , Fireman Bill Plunk , Parks and
Rec r eation Director George Bi ggs , P arks Ass i stan t Administra t or
Patty Walker , Chamber of Commerce Director Bonita Round , Mrs. Judy
Swaim , Mrs. Helen Stroud , Mr s . DeDe Hibbs , Mrs . L endy Lewis , Mrs.
Add i e Gibson , Jacksonvi l le Patriot Reporte r Peggy Koury , a nd
interested c i tizens.
PRESENTATION OF MINUTES:
Mayor Swa i m present ed the mi n utes of the Regu l ar City Council
Meeting of Apri l 5, 200 1 for app r oval and/or correction at the next
Re gula r Ci t y 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 March 2001 be APPROVED .
MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Lewis that the Regular
Monthly Report for March of the Jacksonville Police Department b E ~
APPROVED. Said report reflects; Total value of reported Stolen
Property $38,872 .00, Total value of Recover ed Stolen Property
$37,069.00, and Total Report Sales $312 .50.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Lewis to approve th ~~
Regular Monthly Report for March, which reflects a fire loss o :E
$69,500.00, and a Savings Total of $56 ,000 .00.
1
-
ROLL CALL : Alderman Elliott,
Stroud , and Howard voted AYE .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
ooo ona
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2001
7 :00 P.M. -8 :05 P .M.
Smith, Lewis, Sansing, Ray, Wilson,
(0) voted NAY . MOTION CARRIED .
PARKS & RECREATION DEPARTMENT :
PLANNING COMMISSION:
GENERAL: a . Request to Accept Bid regarding Information Technology
Services
Mayor Swaim related that new technology funding was approved in the
previ ous year 's budget at the recommendation of Mr. Mushrush ,
adding that the process has begun as reflected by the bid provided.
In response to a question from Alderman Smith , Finance Director
Paul Mus h rush related that the b i d was appropriately published and
Clearpoint was the only respondent . He then stated that Clearpoint
is "the best of the best", and related that a magnificent exa mple
of their work is at the Chamber of Commerce i n Li t tle Rock. He
stated that the City is fortun a te to get a reasonable price with a
firm tha t is extremely confident, pointing out that Clearpoint will
assemble all hardware and insta l l the software regarding
connectivit y issues .
In response to a question posed by Al d e rman Elliott , Mr . Mushrush
related that this is the initial stage, and in order to make it
affordable regarding original estimates it will include City Hall ,
Parks , CDBG , Police Departme nt and Central Fire. He related that
o n ce those departments are in p l ace , the outlying areas wil l have
access to some of the issues , which will be addressed internally
for shared informa t ion. He pointed out that eventually all
depar t ments wi ll be connected with a fractional T-1 prov i ding for
greater productivi ty .
Alderman Wilson requested a break down regarding the number of
phases for the new technology process , expl aining that the bid
offers only an amount . He stated that while he is very comfortable
that the bid represents good specs , he would like to better
understand what the bid covers and what the next phase proposes.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2001
7:00 P.M. -8:05 P.M .
Mr. Mushrush stated that he had discussed with Clearpoint the
opportunity to come a nd address the City Council in a more
comprehens i ve manner regarding subsequent phases of the project. He
offered that of the several stages, the first stage was implemented
by standardizing software throughout the City. He then stated that
a ll operating systems and desktop applications are the same, which
allows for a higher level of systems maintenance , and continuity of
information exchange. He we nt to say that the second step is the
actual installation of a Fractional T-1, which connects physically
to all locations and is basically a high speed data transf er line
for those specific areas outlined in the initial phase . He related
that the next phase is a two-part issue, one is the assembly of the
routers, bridges and installations of different server software for
messaging , print and fax sharing, which he stated covers the
particu l ar ins tallat ion of Microsoft application network in
conjunction with the actual hardware. He po i nted out that State
Contract can beat competitive prices for hardware , pointing out the
ex tra effort in pulling the project together in an affordably way
that results in least cost to the City. He added that the last and
final stage is a web service , providing the public and o ther
employees access to different sections of the City 's web server. He
related that this phase is a little more complicated and least cost
solutions are being wor k ed through. He stated that he and Systems
Administrator Barbara Daniel will be attending an application class
on Monday, in efforts to obtain a porti on of the project at no
cost. He stated that they are working hard to keep cost within the
f ramework and that he is not certain costs can be kept within the
original $100 ,0 00 projected, which is the reason they h ave started
a scale down o f the overall plan. He then related that he believes
a scale down can be more effective if taken in affordable and
workable steps. He stated that at projects end , the publ ic will be
abl e to access a portion of the information available from the City
such as Ordinances , Reso lutions, Agendas, and have the ability to
e -mail Aldermen. He concluded that in essence n ot only will it
provide employees with the ability to communicate more rapidly and
effectively but i t will allow the public more ready access . He
pointed out that this is a national trend that the City is striving
to accomplish , adding that at some point in time, there would be
consideration for expanding to other services but not at thi :3
point .
Alderman S troud clarified that of the four phases the bid reflects
phase three .
3
CITY OF JACKSONVILLE 0000 35
REGULAR CITY COUNCIL MEETING
APRIL 19, 2001
7:00 P .M. - 8 :05 P.M.
Mr . Mushrus h concurred , saying that the standardizin g phase one has
been purchased , and that two and three are being worked, which is
the i nstallation side. He stated that i t may seem a little
backward not having the hardware , b u t the group to insta l l the
software requ ires t he technical capacity to coordinate with design
plans on the front e n d before hardware con s i derations . He related
t h at hardware will be the next item to come before the Council and
will hopefully not be a bid situation because of State Contract,
which i s substantially l ess expensive.
Mayor Swa i m related that currently the City shares a web page with
t h e Chamb er but would li k e a City web page to dispense information
for citizens . He then re l ated tha t the Nat i onal League of Cities
a l ong with Arkansas Municipa l League and IBM has asked cities to
vo l unteer as a p i lot program to develop web pages and the City of
Jacksonville has volunteered .
Alderman Stroud moved , seconded by Alderman Wilson to accept the
low bid from Clearpoint for $19,850.00 for Information Technology
Services be approved with funds to be drawn from budgeted funds.
MOTION CARRIED .
b. Request for Funding to purchase parking property for Municipal
Court Building
Mayor Swaim related plans to remodel the old Chamber buildi ng for
the Municipal Court , adding that cost projections are higher than
hoped . He then related that it wil l provide much needed office
space a l ong with parking , which has always been a probl e m. He noted
a gracious donation f r om Mr . Bart Gray , Sr. regarding property
beh i nd the Chamber building to p r ovi de par k ing . He re l ated that
the property was donated jointly to the Ch a mber of Commerce and the
City of Jac k sonville . He related the need to negotiate wi t h t he
Chamber rega r d i ng purchase of their interest in the property to be
used as addit i onal parking. He stated that it would enhance
parking considerably , poi nting out that for many years the City has
used l oca l merchants parking, which has not been adequate .
In response to a question from Alderman Sansing , Mayor Swaim
related that the City would gain approximately 21 parking spaces ,
adding that the City is looking at another piece of property that
would prov i de an additional 21 , so totally it could provide 40 plus
parking spaces .
4
OOCDG6 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 1 9 , 2001
7 :00 P .M. - 8 :05 P.M .
He related that the area includes the street that leads to the
Police Department , which was never dedicated a n d is st i ll deeded to
Mr . Gray. He pointed out that there is a paved area at the
northwest end of t he property that can be used for parking now and
is a part of the property running down to Crestview Apartments. He
s t ated that the appraised value of the property is $66 ,000 .00, but
he has negotiated the difference to $25,000 .00 . He related that
the Chambe r Board has asked $25, 000 . 00 for their interest . He
stated t h at after further analysis, he arrived at $22,000.00 and it
is in a negotiation situation.
Alderman Smith moved, seconded by Alderman Stroud that Mayor SwainL
be allowed to negotiate the property purchase not to e x ceed
$25,000 .00.
Alderman Wilson stated that if
$66 ,000 .00 and the Chambers owns
reasonable d ea l.
At this time , MOTION CARRIED .
the property appra i sed for
~ interest , $25 ,000.00 is a
Mayor Swaim stated that the purchase would be funded from the
Capita l Improvement Fund as pa rt of the renovation of the buildi ng ..
c . Request to Accept Bid regarding Tree Removal on S outh Road
Mayor Swaim related tree problems in the area for many years,.
adding that tree removal will be a very difficult situ ation because
the trees have now grown into the s treet . He pointed out tha i:
Sout h Road was an o l d Count y road that event u ally became a City
str eet, but was never adequat e fo r wi dening .
Public Works Di rector Jimmy Oakley narrated p i ctures viewed by the
Council , pointing out prob l ematic trees and the like l ihood of a~
accident regardi ng a tree that i s 2~ feet i n to the street . H<e
r elated that the b i d included tree removal and stump grinding to
12" below grade . He stated that some of the t r ees have broken the
c u rb and wi ll need to be rebuilt , adding that the bid covers a
total of fiftee n trees .
Mayor Swaim stated that along with t ree removal, funds have been
budgeted to start the reconstruction of the street . He related
that after the tree removal , the crown needs to be taken out of the
street . He then related that the bid is a s mal l part of the tota l
cost for the entire project , but it is a much -needed project .
5
000037
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2001
7 :00 P .M. -8:05 P .M.
Alderman Howard moved , seconded by Al derman Stroud to accept the
bid from Jim's Tree Service in the amount of $2 2 ,750 .00 to remove
fifteen trees on the west side of South Road .
Discussion ensued and it was noted that only one bid was received
most likely because the trade is very busy f rom the ice storm .
Mayor Swaim related that current prices and pre -storm prices were
compared to ensure against over charging .
At this time, MOTION CARRIED .
Mayor Swa i m related that the funds wil l be drawn from the Street
Department funds f or the reconstruction of South Road.
In response t o a query from Alderman Wilson, Mr . Oakley related
that he had c h ecked three references , two of which were forty
thousand dollar jobs and one was a $60 ,000 .00 dollar j ob with the
housing authorities in South Arkansas who praised the company's
work . He then re l ated that the company will f urnish a performance
bond and has already provided one million in liability insurance .
d . DISCUSSION : Use of a Facilitator for Planning Purposes
Al derman Stroud related that most everyone is fami liar with the
proposal to clean-up Jacksonville, add i ng that on ce it beg i ns it
will create ire with some people who do not take care of their
proper t y . He stat ed that even so it is very much needed . He went
on to say that it is more complicated than just strength ening an
ordinance and pointed out recent efforts by the Ci ty of North
Little Rock regarding the same problems. He then related that the
City of Pine Bluff recently went to court and i t was determined
t h at the i r ord i nance needed to be more specific in terms . He
stated that he recently exp l ained to a citizen who was complaining
abou t the situation in Jacksonville that the City Council is taking
it under advisement .
Mayor Swaim related the n eed to separate the issues into two areas ,
strength ening the code enforcement ordinances a n d planning for t he
Ci ty 's futu r e growth.
Al de r man Stroud concurred .
Ma yor Swaim re l ated that discussion focus is the cons i deration for
a f ac i litator .
6
OCC OD8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
APRIL 19, 2001
7:00 P .M. -8 :05 P.M.
Alderman Twitty stated that she was made aware of a situation
regarding a house on Gregory Street with broken limbs hanging on
the trees and knee high grass, making for a dangerous situation .
Mayor Swaim stated that there is still a lot of clean-up needed
from the ice storm. He then noted that the problem on the front
end is that residents consider the City infringing on their rights
if Code Enforcement enters their yards . He related that because
there have been threats it needs to be addressed in a manner t hat
makes it clear this is desired by the public and is legal. He
pointed out that the major emphasis now is on keeping the normal
summer problems under control until the City can hire a full time
employee to help Code Enforcement .
He reiterated that the clean-up issue needs to be a separated fronl
the future planning discussions of last year regarding
Intergovernmental Issues, Public Relations, Annexation, Capital
Improvement Projects and Staffing . He pointed out some of the
desirable i ssues in the first phase of discussions under CAPITAL
IMPROVEMENTS were consideration for a pool at the Martin Street,
renovation or relocation of the recycling center, Police and Fire
training facility, a new conference center, and expansion of City
Hall, which are currently under study. He then related that
DEPRECIATION FUND considerations have been on going and that unde r
STAFFING, the Council discussed considerations for a Cad Operator.,
Planner /Engineer, Systems Administrator, Grant Writer, and
Organizational Chart revision. He stated that the City has nmv
hired a new Engineer, and Cad Operator, but does not as yet have a
planner. A Computer Systems Administrator has been hired and the
prospect of hir i ng a grant writer and revising the organizational
chart is being worked on. He related that under INTERGOVERNMENTAL,
there were considerations regarding the Pulaski County Jail, Police
protection, Animal Control, Court System, Code Enforcement
primari l y regarding Rentals and under PUBLIC RELATIONS, issues
regarding schools, housing for seniors, businesses, tourism
(Hotel/Motel Tax), e-mail for Aldermen were listed. He then stated
that ANNEXATION discussions centered around managed growth , future
growth areas, and utilities (internal and external); pointing out
current efforts regarding an agreement for annexing two areas into
the City. He stated that whi l e these issues were discussed, it was
never carried far enough, adding that there was no public input at
that time.
He related his understanding from Alderman Stroud, is to have
someone facilitate meetings with Council members, staff, Planning
Commission and the general public regarding i nput for these issues
and also issues to dete r mine the City 's future direction.
7
0000 39
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19 , 2001
7 :00 P .M. - 8 :0 5 P .M.
Mayor Swaim pointed out that the issues need to be separated,
adding that while the first issue relates because it affects the
future of Jacksonville, it is a specific desire for an ordinance.
He related the need to address that issue and then address future
planning with a facil i tator. He stated that the ordinance issue
for Code Enforcement can be addressed through Council, stressing
the need for public awareness. He stated that the listed future
planning issues are not all inclusive, but are a "thumb nai l
sketch" of Council discussions. A copy of the future planning list
was provided to Council to expand upon, adding that he and Mr.
Green will work on staff matter with members of the staff and then
plan joint meetings with the other commissi ons inviting public
input.
Alderman Fletcher concurred with the need to r evisit the City's
future direction, adding that he feels very strongly about the need
to attract a younger p opulous. He referred to the census in saying
that in the last 20 years J acksonvi lle has not grown more than
5,000 in population, which he stated depicts an older population.
He stated that the towns that have grown are a younger popul ation ,
average age 32 with 2 small children . He related that Jacksonville
would be remiss not to put some money in areas that would attract
you nger couples into the commu ni ty. He stated that it is good to
fund Parks and Recreation , and that that it does bring a lot of
money back into the community , but not all chi ldren are
athletically inclined and the City needs to consider some funding
to art and music prog r ams regarding children with those gifts and
abil it ies . He stated t h at Jacksonville has focused on industr y ,
adding that schoo ls and considerations for t he children is what
causes growth . He related that industry will come as a result o f a
younger working population. He then questioned the need to move
into committees regarding clean-up matters.
Mayor Swaim pointed out that the City i s working ten additional
employees on a grant program who are cleaning rights -of -way
regarding storm damage. He then stated that the biggest problem
for the City is hiring , saying that it is nearly impossib le to keep
mowing crews. He related efforts regarding seasonal hires who are
out of school for the summer who take the job but do not stay. He
re l ated working rest rictions regarding underage employees by
federal law .
Pub lic Works Director Jimmy Oakley related that beautificat i on
usually hires approximately six seasonal emp l oyees a year and that
Parks and Recreation hire in the neighborhood of ten to eleven . He
stated that beautification has four full time employees and usually
8
0000 10 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2001
7 :00 P.M . -8 :05 P .M.
hires at least six to eight depending on sta f f available to carry
them out into mowing crews. He stated that the Street Department
hires two seasonal employees just to brush hog with plans to hire
an additional employee to weed eat around the sign s in the rights-
of-way. He related that a higher salary is offered to operate the
bush hog i n an effort to get skilled people with experience.
Alderman Twitty stated that the rights-of-way do not look as bad as
some of the yards and carports in question.
Alderman Elliott s t ated that the Beaut ification Department has donE~
a good j ob , pointing out that rights-of -way can get out of hand
when there is a bad storm, but the private property and other area
issues is what needs to be helped.
Alderman Wi lson commended Alderman Stroud for somewhat fo r cing the
issue and stated t hat there are two issues at hand . He stated that
o n e is the short -term i ssue that requires i mmediate attention
regarding strengthening the ordinance and enforcement of existin9
ordinances to clean-up parts of the community. Second is the
consideration of looking at longer-term planning i ssues. He
suggested that before hiring someone to assist in the clean-up
issues , the City should utilize its membership in Metrop l an,,
Municipal L eague and Leag ue of Cities to find other communi ties
that have already deve l oped very strict ordinances that have stood
the test of court cases. He stated that he would be in favor of
hiring someone to help with the research rega rding the clean-up
issue becau se everyone agrees it is an immediate need. He related
the need to obtain information from other communiti es and then work
wi th property owners, landlords , and the entire community to revie\v
proposed ordinances.
Mayor Swaim related that recently the City worked with someone who
had been referred to Jacksonville because our ordinance is stronger
than any they co u ld find in other places. He related the
difficulty regarding a city's ability to go off the street rights -
of-way. He stated that many other cities do not maintain the
ditches or perform any services regarding private prope r ty.
Discussion ensued as to the legal ramifi cations regarding direction
from the City to a private property owner to clean their property.
City Attorney Bamburg related that regardi ng ordinances in place
the primary difficulty has been allow i ng t he Code Enforcement
of ficers enough time to enforce . He pointed out that the two
9
0000:1.1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2001
7 :00 P.M . -8 :05 P.M .
Code Enforcement officers working hav e many othe r o bligations. He
sta t ed that manpower seems to be t h e big gest difficul t y . He
p ointed out that there are ways to e nhance or streng t h en cur rent
ordinan ce s, but the question become s how far does the Counci l wa n t
to go. He menti o ned the factor r egardi ng homeowners that wi ll not
app r eciat e t hat action and may wis h t o challenge it. He state d
t hat th e most important f actor and his role would be to determine
if the ordinance can withstand a challenge .
Alderman Sansing stated that the ma i n pr oblem a f te r a complaint
letter is issued is g e tti ng back to check o n t h e situ ation .
City Engin eer Whisker agreed, sayin g that with s ummer approaching
the process is ve r y time consuming r ega rdi ng the number of
pr o p e rties invo l v ed .
Alderman Sans ing r eiterated t ha t i t is a ma npower problem .
Mayor Sw aim exp lained tha t i t is more t h an a manpower problem,
pointing out the t i me factor rega r ding process from citation to
court b e ing as much as two or t hree mon ths b efore they are fo rced
by the court to clean up the property , unl ess the ordinance s t ates
specifically t ha t the City or someone else will c l ean the p roperty
after b ein g cited , the progre ssion of a c ita tion is to go to court.
Alderman Sa n sing related t h a t the ordinanc e is written to address
the inhabitant s o f t h e proper t y , so they would h ave t o be the o ne s
cited to court. He added t h at h e is not talking about ful l
condemnation , but i nhab itants that will not clean u p t h e property.
Ma yor Swaim re l ated that there are some extenuating circumstances
tha t the Ci t y Attorney can address.
Ci ty Atto r ney Bamburg re l a ted that i n some circumstances Code
Enforcement can sen d a let ter advising that if the proper ty is not
mowed by a certain date, the City will send a l awn crew to mow. He
then related that carports or storage areas that require attention
are cited into cou rt . He then explained that the court process i s
time consuming regarding the i r plea and a rraign me nt dat e , after
which a tr ia l i s set . He stated that if t h ey are found guilty in
co urt, the Judge normal l y g ives them a s h ort t i meframe i n which to
correct t h e situation and t h en have a review date . If it is n o t
corrected at tha t point the Judge ca n e ither order jail service ,
ho ld t h em i n conte mp t a nd issu e additional fines . He r elated t h at
proces s does take t ime . He stated that condemnat ion is a n enti re ly
di fferen t is sue .
10
OCCD:12 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL ME ETING
APRIL 19, 2001
7 :00 P .M. -8 :0 5 P .M.
Mayor Swaim clarified that t he discussi on issue is the d ifference
between mowing grass and c l eaning up sorneone's yard .
Alderma n Sansin g rel a ted that h e i s referr ing to specific instances
o f old building mater i als stacked beside houses, and automobile
seats s i tting in the front yard .
Mayor Swaim stated that he has a prob l em wi th sending an employee
onto private property t o clean the carport, yard o r from beside the
house without very st r ong authority to do so . He re l at e d that he
d oes not believe i t can be done lega lly without court action.
Alderman Wilson acknow l edged the proble m including some commercial
areas , but stated t ha t it is impossible t o l eg i slate common sense
or good t as t e . He o ffered that because of the shared fr ustration ,
it might be appropriate to h i re se as ona l part -t ime employees to
assist existing staff . He stated that the situation ca lls for
additional manpow er focusing on obvious areas that n eed to be
cleaned-up. He suggested that cost estimate s be made available
r egarding re source commitment , adding that he believes the Council
and the community residents who keep t h eir property are ready to
make an i nvestment in manpower to get it st r aightened out .
Alderman Stroud s t ated that he fee l s from the discussion it is
ev ident there is a real prob l em and that part of the problem is
sub j ectivity , which i s t he reason the ordinance has to be
tight ened . He asked tha t the staff be included in th e process .
Alderman Fletcher q uest i oned if some problem areas could be handled
as a fire or h ea l th h aza rd issue.
Mayo r Swaim relate d that t he re are certain things that can b •e
accomp l ished throu gh the Fire Marshal, but added the probabi lity of
conflict referring to an incident where a man threaten anyone whJ
carne on hi s property regarding his car . He stated t hat whi l e we
have an ordinance t h at allows the City lega l ly to do th at, on more
than o n e occas i on the police have had to accompany Code Enfor cement
onto t h e property . He stated that sending an individual on private
property without protection is a dangerous situ at i on and Po l ice
ass i stan ce is not the ideal situation for every time Code
En f orcement h as to go onto p rivate property .
Alderman F l etch e r suggested that t h e ordinance require closed
stor age fo r certa in i tems , leaving the responsib ility with the
res i dent.
11
000 0~3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2001
7:00 P.M . -8:05 P.M.
Alderman Elliott suggested that t h e Council form a committee to
address the ordi nances in a timely manner and bring it back to the
Counc il. At the same time , proceed with future planning and other
City considerations.
Alderman Twitty suggested increased fines for violations.
Mayor Swaim offered that the highly subjectivity area is, wh at is
to be considered o ffe ns i ve , adding that if offensive can define
then citations can then be handled through the court.
Alderman Howard re lated that his pet peeves is littering , offering
that education for the lower grades may be the starting place to
change att itudes r egarding littering .
City Attorney Bamburg related that it is very difficult to
l egislate aesthetics , adding that cities h ave to be ve ry careful in
that area. He s t ated that there are code provisions in place now
that the City has used and taken to court regarding viola tions. He
related that if there are areas in violation , Code Enforcement can
make a determination and is sue the appropriate warni n gs and when
nece ssary cite them into court with existing code provisions.
Alderman F letcher suggested that the surrounding area more o r less
dictate the predominate standard for the neighborhood.
Mayor Swaim stated that it all goes back to one word and that is
pride.
Ci ty At t or n ey Bamburg stated that a set standard for the
neighborh ood would run into subjectivit y that wou l d be difficul t t o
enforce either by Code En force ment and/or the court.
Alderman Smi th agreed that i t is a matter of pride , and related
that he had received t wo cal l s l as t week , but they d i d not want t o
disclose their identity and express fear of r epr isal . He supported
the conten t i on that employees could be in da~ger , s ug ges ting t hat
manpower is on l y part of the answer.
Ma yor Swaim rela t ed that the City is in the process of hiring
another Code Enforcement officer.
Alderman Ray suggested a ne i ghborhood block club to h elp keep the
nei g hborhood clean , saying that if a neighborhood b l oc k club wo ul d
s ti ck together then neighborhoods would stay c lean. He explained
t hat a one on o ne situation r egardin g n eighborhood b l ock clubs
would work similar to ci r cumstances regarding crime watch.
12
00001.4: CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 19, 2001
7:00 P.M. -8:05 P.M.
Mayor Swaim stated that cost association will be forthcoming.
APPOINTMENTS :
Alderman Sansing moved, seconded by Alderman Wilson to approve the
reappointment of Tommy Bond to the Wastewater Utility Commission
for a ter.m to expire 4/20/2006. MOTION CARRIED.
ANNOUNCEMENTS:
Arkansas Munic i pa l L eague annual convent ion will be June 27th
through June 2 g t h with deadline to register May 18th for early
registration . He stated that it will be held in Litt l e Rock at thE~
Peabody Hotel and spousal registrat i on is $25.00.
Alderman Wilson encouraged a favorab l e vote f or the millage o n May
8th , pointing out that earl y voting begins May 23~ at C i ty Hall
for two weeks prior to e l ection day.
Alderma n Fl etch er expressed t r affic concerns regarding a new
commercia l development adjacent to the new Wal -Mart Supercenter. HE~
q u est i o n ed traffic pattern r e garding access o n to John Harden Drive.
Mayor Swa im related that the site a lready had access to John Harden
Drive , adding that actually there are two existing accesses and the
Planning Commission in a n effort to change the traffic pattern took
one access out of the approved plan and move d the other to a safeJ::
locat i on. He related that the developer also has a recommendation
that they create an access to the Wa l-Mart parking lot.
ADJOURNMENT:
Mayor Swaim without objection
approximately 8:05p.m.
Respectful ly,
13
adjourned the meeting at.
) .
BIONUMBER: JAX 01-010
REMOVAL OF TREES ON WEST OF SOUTH RD
ITEM
NO. QTY. DESCRIPTION
Remova l of trees on wes t
side o f South Road
I
I I I I I i
I I -I
I I -I
I -I I I
I :
I
TOTAL PRICE:
TERMS:
RECOMMENDED BIDDER:
) :
CITY OF JACKSONVll.l.E
BID TABULATION SHEET
DEPT.: Stre et DATE! 4/16/01 TIME: 8:30AM TABULATED BY: AB
JIM'S TREE
SERVICE
UNIT UNIT UNIT UNIT UNIT
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRtcE
22,750
I
I I
I I ,. I I
I
~=~=~=~= ~:~ =~=~=~=~= 22,750 =~=~ =~=~=~=~: ~=~=~=~ ~= ~=~ =~=~: ~ :~:~:~:: . ~= ~ =~: ~=~= ~= ~= ~=~= ~= ::::::::::::::::::: ·.·.·.·.·.·.·.·.·.·
Jim's Tree ~ ervice
OPENED BY: Mayor Swaim
UNIT
AMOUNT PRICE AMOUNT
I .
I
I
I
I
·:·:·:·:·:-:·:·:·:· ::::::::::::~::::::
UNIT
PRICE
,. -
I
I
I
.·.·.·.-.-.·.·.·.· -:-:-:-:-:-:-:-:-: ·.•.·••.········•·
r
-
AMOUNT
0
0
0
0
t-'
Cll
{.,P
~~
'~ 0
0
0
CITY OF JACKSONVIllE
BID TA.QUI..ATION SHEET
BIONUMBER: JAX Ol-009
DEPT (id OPENED BY: .t-..llr\
.: City Hafr'TI;: 4/13/0l TIMS:9 :00AM TABULATED BY: ~·v ~
ITEM
NO.
INFORMATION TECHNOLOGY SERVICES
Clearpoint
QTY. I DESCRIPTION
UNIT I I UNIT I I UNIT I I UNIT I I UNIT
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE
Information Technology
Services 19,850.00
TOTAL PRICE:~~~~~~~~:~::{:~:~:~ 9, 850 ~:?~:~I:::}j
TERMS:
RECOMMENDED BIDDER:IClearpoint ;
l~:;:}?~:}: ~;:;:::::::::::::::~:· 1.:.:·:·:·:·:·:·:·:· :::::::::::::::::::
AMOUNT
UNIT I I UNIT
PRICE AMOUNT PRICE I AMOUNT
,: =
l:::~:}r::~{: ~:}}}~;~;:::j I
000017
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
MAY 3, 2001 7:00P.M .
1. OPENING PRAYER :
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Animal Control)
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . PARKS & REC DEPT:
12. PLANNING COMMISSION:
13. GENERAL :
14. APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT
Regular City Council Meeting
April19, 2001
Regular City Council Meeting
April 5, 2001
Regular Monthly Report/April
Director of Public Works Jimmy Oakley
REQUEST TO ACCEPT BID:
Berkshire Circle Drainage Project
Appoint Committee to Revise Code
Enforcement Issues & Ordinances
00001.8 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2001
7:00 P.M. -7:20 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t h e City o f Jacksonville , Arkansas met in
Regular Session on May 3, 2001 at the regular meeting place of the
Counci l . Alde r ma n Howard delivered the invocation and Mayor Swaim
led a standing audience in the uPledge of Allegiance " to the flag .
ROLL CALL: Aldermen: Elliott , Smith, Ray , Wilson, Stroud, Twitty , and
Ho ward answered roll call. Mayo r Swaim also answered ROLL CALL
declaring a quor um . Al derman Lewis arri ved at approximately 7 :04 p .m.
and Ald e r ma n Fletcher arri ved at approximate l y 7:06 p .m. Alderman
Sansing is attending an awards ceremony for his son . PRESENT nine
(9), ABSENT (1).
Othe rs presen t f o r the meeting were : City Attorney Robert E.
Bamburg , Deputy City Clerk Melanie Green , Director of
Adm i nis t ration Murice Green , Ci ty Engineer Jay Whisker, Purchasing
Agent June Brown , CDBG Director Theresa Watson , Police Chief Hibbs ,
Fi r e Ch i ef Vanderhoof, Pa r ks and Recreat i on Director George Biggs ,
Parks Assistant Administrator Patty Walker , Mrs . DeDe Hi bbs , Mrs.
Addi e Gi bson , Jac k sonville P atr i ot Reporter Peggy Koury , and
i nterested citizens.
PRESENTATION OF MINUTES :
Mayor Swaim p r esented the minutes of the Regular City Council
Meeting of April 19 , 2001 for approval and/or correction at the next
Reg ul ar City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes o f
the Regular City Council Meeting of 5 April 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Wilson to APPROVE th'a
monthly Animal Control Report for April 2001. Report reflects tha
following:
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
566 .00
0.00
566.00
566.00
ROLL CALL : Alderman Elliott, Smith, Ray, Wilson, Stroud, Twitty and
Howard voted AYE. (0) voted NAY. MOTION CARRIED.
1
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
0000:1 9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2001
7:00 P.M . -7 :20 P.M .
DEVIATION IN AGENDA: Appoint Committee to Revise Code Enforcement
Ordinances
Mayor Swaim offered that data included in the packets regarding
ordinances from other cities vary greatly i n depth . He asked that
a committee be appointed wi th part i cipa t ion f r om the City Engineer
because he supervises the Code Enforcement Officers, addi ng that he
and Mr. Green will also be involved to some extent. He related
tha t the committees most involved in this area would be the
Recreation and Sanitation Committees. He related that Alderman
Sansing and Stroud are members of those committees and may want to
vo l unteer for the clean-up sub-committee . He then noted that
Al dermen Ray and Fletcher from the Street and Engineering
committees may also want to jo in in those discussions. He asked
that the City Attorney be involved since he wo uld have to approve
proper legal act ion regarding committee recommendation.
It was noted that Aldermen would be notified when meetings are
held .
City Engineer Whisker was asked to coordinate the first meeting
before the committee had opportunity to appoint a chairman .
Mayor Swaim requested that the commi t tee make any revision or
recommendations and return to the counci l with a proposal . He
s tated that Counci l would then have an opportunity f or i nput. He
related the need to work thr ough issues diligently and provide a
recommendation promptly regarding the hiring of a third Code
Enforcement Officer and training time.
Di scussion ensued regarding considerations for a farmers market and
gu idan ce for t hat issue.
Mayor Swaim related that there had been a committee regarding
solicitation regulations but there was no formal recommendation
return ed to the Council regarding an ordinance. He related the
need for guidance to the permitting department ; especia l ly to
address l ocation permitted because of problematic traffic
considerations.
Alderman Fletcher noted that during discussion the farmers were
separated for consideration of a framers market. Discussion ensued
as to items allowable for a farmers market.
2
oooo :s.:o CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 3, 2001
7:00 P.M. -7:20 P.M.
Alderman Howard mentioned the rugs being sold at Main and James
Street on Saturday.
City Engineer Whisker related that they were licensed as a business
to operate .
Mayor Swaim p o inted out that Mr. Taylor's Barbecue purchases a full
business license annua lly.
RESUME AGENDA:
STREET DEPARTMENT: Request to Accept Bid Berkshire Drainage!
Project
Mayor Swaim re l ated that al l bidders have performed contracts for
the City satisfactoril y and the recommended b i d is the lowest bid .
Alderman Smith moved, seconded by Alderman Wilson to accept the lo~r
bid from Building & Utility Contractors in the amount of $26,260
with funds to be drawn from the Drainage Fund .
In response to a question from Alderman Wilson, City EngineeJ::
Whisker stated that the existing concrete drain between Amherst
Court and Berkshire Circle is broken due to an earlier sewer
repair , and a wet weather spring. He related p l ans to remove the
concrete and put in a perforated drain to run the water out to a
curb inlet and leaving a grassy dra in to drain around t he corner
for the t o p water .
Mayor Swaim stated that the problem h as existed for many years and
the former City Engineer had worked on solutions for a French
drain . He stated that a French drain is about the only solution
for the area, pointing out that the water puddles in backyards and
has no p l ace to go , adding that i t continues to be wet and the only
way it was felt the problem could be addressed was through a French
drain system .
At this time, MOTION CARRIED .
Mayor Swaim related t hat the Marshall Road project area has been
too wet to level the dirt so the crew has moved up and is working
behind McArthur going toward Gregory Street . He related that the
project was a long-term plan and that the first estimates were over
a million dollars. He pointed out that the project has been
accomp l ish ed in different phases and the goal is a l mos t complete
after many years. He stated that it wi l l significantly improve
drainage in that area.
3
CITY OF JACKSONVILLE OOG 02:1
REGULAR CITY COUNCIL MEETING
MAY 3 , 2 001
7 :00 P.M. -7 :2 0 P .M.
Discussion ensued regarding the meeting of the City Council sub-
committe e which was set for Monday 7th MAY , at 7:00 P.M .
Alderman Wilson reminded everyone to vote regarding the mi llage
election.
Mayor Swaim related that ea r ly vot er turno ut has been v ery good,
which mi ght be an indication that turnout will be better than
expected.
Alderman Fletcher questioned if it was thought that there could be
a problem regarding traf f ic and the proposed de v elopment across
from City Hall. He pointed out traff ic back -up concerns regarding
the short ex it r amp for the south b ound Main Street exit.
Mayor Sw a i m stated that the plans have been requested fo r r evi ew
from the project architect, but as ye t have not been furnished .
City Engineer Whisker stated that the plans have not completely
been firmed up as yet and will be forthcoming.
In response t o a question from Alderman Twitty , City Engineer
Whisker related that it is his understanding that the proposed
development is a large gas station with ten pumps.
Mayor Swaim re l a t ed t h a t the development will feature a stand alone
Fuel Man and a fast food restaurant. He added that the development
will require a variance r e ga rd ing setback.
Mr. Green announced an Anima l Control meeting May 17th at 6:00 p.m.
at Cit y Hall, r egarding preli minary building plans.
PLANNING COMMISSION :
GENERAL:
APPOINTME NTS :
ANNOUNCEMENTS :
ADJOURNME NT:
Mayor Swaim wi thout obj e c tion
approximately 7 :20p.m.
Respectfull ,
4
adjour ned the me eting at
C'J
t\.IJ ...
0
0 o ·
Q
BID NtJMBEif: JAX (H ·OOll :
BERxSHIRE CIRLCE FRENCH DRAIN
~I QTY. I
I
I.
DESCRIPTION ·
F:r;ench Drain
~
·· CITY OF JACKSONVILLE .
·: BID TABULATION SHEET
. DEPT.:·Str~et OATE:4/23/01 TlME:9:0.0ti.M · TABULATEDBY:·AB ..
· Boroco . ·BuilMng ·&. :
. Udlitv· Con
c·ando ' Ly],~ 1 8 ,. · ..
r.·rm <O r r 111"'r1hn ·
UNIT. I . I UNIT I I UNIT ,. . . . I UNIT
PRICE AMOUNT . PRICE . AMOuNT PRICE AMOUNT . PRICE I AMOUNT
UNIT .:
PRICE
-7' 1 28, 26, 26!)L :· 59,500' . 28; 7Sol •.
I
TOTAL PRICE: t::~~:~~;~:::::~::~: tr~::r::=::J 2 6 • 2 6 o ~=f~::::::=~~=~ r;;:;:;: ~ =~ =~; ~= ~=;: ::: :: ~=~: ~= ~=~ =~=~~;:;:
. TERMS:
RECOMMENDED BIDDER: Bldg & U til i~y Co ntractots
:·
OPENED BY: Mayor Swail!l
. UNIT I ,. UNIT
AMOUNT ·I PRICE AMOUNT PR.ICE I AMOUNT
: =~~~~ ~=~=~= ~=~=~: ~ :. ~=~=f~=~~~?~
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
MAY 17, 2001 7 :00P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVAL AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
Regular City Council Meeting
May 3 , 200 1
Regular City Council Meeting
April19, 200 1
(Fire Department) Regular Monthly Report/April
Fire Chief Vanderhoof
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT: REQUEST TO ACCEPT BID :
Playground Safety Prices
12. PLANNING COMMISSION :
000023
13 . GENERAL: a . DISCUSSION: Adjustment to Budget
Increase Fuel P ri ces
14. APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT
(Alderman Wilson)
b. PRESENTATION: Draft O rdi nance
Rega rding Code Enforcement
(Alderman Stroud)
PARKS & RECREATION COMMISSION
Reappoi ntment of Marcia Dornblaser for
a term to expire May 9 , 2006
Reappointment of John Fortenbury for
a term to expire May 9 , 2006
000024 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1 7, 2001
7 :00 P .M. -7 :35 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 17, 2001 at the regular meeting place of the
Council. Mayor Swaim del i vered the invocation and Directors Glen
Lane and Donna House a long with Our Club members led a standing
audience in the "P l edge of Allegianceu to the flag.
Director Glen Lane introduced Assistant Director LaTonja Glen, Our
Cl ub membe rs Tammy Creer , Alicia Greene, Shanita Johnson , Desmond
Butler, Joseph Everitt, Mark Gadsden , and Antonio Washington. He
related that there are 20 participants in t he program and that some
of t h e many activities is focusing on homework after school, social
skills, and appropria te language. He stated that it has been
challenging but also rewarding .
ROLL CALL: Aldermen: E ll iott, Smith, Lewis , Sansing, Ray, Wilson ,
Stroud , Twitty and Howard answered roll call . Mayor Swaim also
answered ROLL CALL dec l a ring a quorum. PRESENT nine (9), ABSENT (1).
Others present for the meeting were: City Attorney Robert E.
Bamburg, Deputy City Clerk Melanie Green, Director of
Administration Murice Green , Human Resource Director Dennis Foor,
Ci ty Engineer Jay Whisker, Finance Director Paul Mushrush, CDBG
Director Teresa Watson , Public Works Director J immy Oakley , Police
Ch ief Hibbs, Fire Chief Vande rhoof, Pa r ks and Recreation Director
George Biggs, Parks Assistant Administrator Patty Walker, Mrs . Judy
Swaim, Mrs . Deanna Carpenter and Baby Emma Carpenter , Mrs. Edith
Smith, Mrs. DeDe Hibbs, Mr s . Addie Gibson, and interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Counci l
Meeti ng of May 3, 2001 for approval and/or correction at the next
Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Wilson moved , seconded by Alderman Ray that the minutes o :f
the Regular City Council Meeting of 19 April 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alder.man Elliott moved, seconded by Alderman Smith to approve the
Regular Monthly Report for April, which reflects a fire loss of
$12 ,500 .00, and a Savings Total of $96,000.00.
1
OOGOZS CI TY OF JAC KSONVILLE
REGULAR CITY COUNCIL MEE TING
MAY 17 , 2001
7 :00 P .M. - 7 :35 P.M.
ROLL CALL : Alderm an Elliott, Sm i th , Lewi s , Sans i ng , Ray, Wilson,
Stroud, Twitty, and Ho ward v oted AY E. (0) voted NAY. MOTION
CARRIED .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
DEVIATION IN AGENDA :
GENERAL : a. DISCUSSION Adj u stment to Budge t /i ncreased fuel costs
Alderman Wilson related that effects regarding high fuel prices
should be addressed to assure the citizens that n ece ssary public
services wil l not suffer as a result . He we n t on to say that he is
confident that the Mayor and Fina n ce Director h ave addresses not
only this issue but also other costs regarding higher ut i lit ies .
Mayor Swaim related that wh e n the 2001 budget was prepared
projec tions regarding inc reased f uel costs were taken into
c onsid e r ation , adding t hat fuel cost hav e risen higher th an could
have b een predicted. He relat ed that percentage p r edictions were
budgeted a nd as such the January through March period has been
e xcellent regarding pro j ections . He commended t h e Depa r tme nt Heads
for monitoring fuel expenditures , but added that higher gas prices
are expected .
Fina nce Director Mushrush ment i oned the higher fuel cost on the
West Coast, adding that it i s hoped the central area will not see
those increases. He related that l in e i terns in the Inter im
Financial Report were collapsed into a fund level basis to provide
a clearer pictur e of activi ty within each of the opera ting segments
of the Gene r a l , Street, and San itation Funds . He pointed out that
the General Fund gas usage would normally b e at 7 5%, but is
act ually at 77 .66%. He stated that the increase in fuel cost was
anticipated during the budg etary process , adding a 42% c h ange from
t h e actual 2000 cost to the 2001 budget was estimated . He stated
that this s hould provide we ll for t h e a n ticipated cos t i ncreases .
He related that l evels in the Street and Sanitation Funds are
higher becaus e of th e FHMA r elated act i vity . He stated that he
does not p e rceive a probl em, po inting out that working th rough t he
worse cas e scenario based f u el costs came over budget somewhere
betwee n $1 5 ,100 to $18,700 for the line ite m veh icle , gas, and oil.
He the n no ted t h at the aggregate budget f or t hat line i tern is
$150 ,000 across all funds . He related two areas that ma y crea te
2
0000.26 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2001
7:00 P.M. -7:35 P.M.
concern later are gas heating and electricity, adding that a fairly
strong deficit is perceived. He related that he has not calculated
the outcome because of unstable factors regarding changes in
temperature and seasons . He related that the aggregate budget
across all funds for gas heating (natural gas) is $86,000 with an
anticipated 30% increase. He stated that it will not be
significant but will probably be over budget . He then related
efforts to conserve electricity because factors are still uncertain
regarding prices.
Alderman Elliott related that Entergy is predicting an 8% increase
for the remaining year due to fuel adjustments.
Mr. Mushrush related that the General Fund expense for electricity
is approximately $195,000, adding that a $20,000 difference could
arise. He then stated that there is a total budget of
approximately 15 million across all funds. He stated that a plus
to the situation is that Department Heads are aware of
circumstances and have cut expenditures.
Mayor Swaim reiterated that police patrol, or firefighter training
and service has not been compromised . He stated that the City is
being conservative but not limiting service.
Alderman Wilson stated that it inspires confidence that the Mayor,
Finance Director, and Department Heads are addressing these issues.
He stated that it is important to communicate to the public that
the City is planning appropriately.
The consensus of the City Council was to continue with the
consolidated format for the monthly Financial Reports .
RESUME AGENDA:
PARKS & RECREATION DEPARTMENT: Request to Accept bid for Playground
Safety Surface
Mayor Swaim related that three bids were received and that the
company used in the past was A&M Rubber Technology, adding that the
difference in that and the lowest bid from Kirkpatrick is $100 .00.
He recognized Parks & Recreation Director George Biggs for
recommendation.
Mr. Biggs related that his recommendation is to award the bid to
Kirkpatrick Rubber Company because A&M checked "no" under the
specification to certify that the surface meets the intent of the
Americans with Disabilities Act.
3
000027
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2001
7:00 P.M . - 7 :35 P.M.
Discussion ensued regarding the disparity of the third bid received
at $90,642 and Mr . Biggs re l ated that he be lieved it was the
material fibar , which is connected and molded together. He stated
that hopefully fibar will be used at the Park in Northlake because
o f the smaller square footage . He related that it was not feasibl e
for Johnson Park because of the large square footag e.
Alderman Wilson moved, seconded by Alderman Stroud to accept the
lowest bid from Kirkpatrick Rubber Company in the amount of
$26,656. MOTION CARRIED. Funds to be drawn from the Park Budget.
Mr. Biggs then recogni z ed Donna & Donald Hassen who he said are not
only accompanying the children in the Our Club program but are also
teaching the children twice weekly about local government and
parliamentary procedure.
b. PRESENTATION of Draft Ordinance regarding Code Enforcement
Cleanup issues
City Attorney Bamburg related that the comm ittee had met to gather
material and that the City Engineer's Office has been very helpful
in putting the material in written format . He related that he has
been going through the material for the last few days and while he
was hoping to have it completed for presentation, there are some
areas t hat still need to be addressed regarding language . He
stated that he has requested further information from the City
Attorney 's office in Li ttle Rock . He apologized , saying that when
a draft of the ordinance is completed h e will be forward ing that to
t he Council for consideration prior to the next regularly scheduled
meet i ng in June. He related that his understanding fr om previous
conversations with Alderman Stroud is to have the ordinance reading
for the first r eading at the next meeting.
Mayor Swaim related that he had received l etters from citizens in
strong support of the ordinan ce regarding efforts to get
residential areas clean .
Alderman Stroud agreed that there has been a lot of citizen support
generated with l etters and telephone calls. He expressed
disappointmen t in not having the ordinance available , adding th a t
the committee took applicable conside rat ions from the Sherwood and
North Little Rock ordinances into the incorporat i on of
Jacksonvi lle's ordinance . He related that the commit t ee has worked
very hard to bring forth an ordinance that will be good for
Jacksonville and hopeful l y reverse the present trend.
4
oooo.::a
ADDITION TO THE AGENDA :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17, 2001
7 :00 P.M. -7:35 P.M.
Mayor Swaim explained that the City Council p assed a Resolution in
February authorizing the preliminary engineering for the widening
of Graham Road t o four-lanes. He stated that the Highway Department
has accepted the request and has now asked that the City forward
the first matching funds towards the eng i neering costs . He noted
that funds are set aside in Capital Improvement, adding that the
request for $35,000 wil l allow work t o being on the project .
Alderman Elliott moved, seconded by Alderman Smith to suspend the
rules and place the request for matching funds regarding the
widening of Graham Road on the agenda.
Mayor Swaim related that the item of business is Arkansas State
Highway and Transportation Department job # 061026, the widening of
Graham Road to four-lanes.
At this time, MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Wilson to authorized thE~
expenditure of $35,000 from the Capital Improvement Fund regardin~J
the widening of Graham Road.
Mayor Swaim related that the project will encompass Loop Road to
Oak Street and will compl et e the connection of widening to the
downtown area once the Overpass Project is completed .
At this time, MOTION CARRIED.
ANNOUNCEMENTS: NEW AREA CODE PROPOSAL
Mayor Swaim related t hat the Public Service Commission ha.s
scheduled a special meeting for 9 :30a .m., June 26th at 1000 Center
Street in Little Rock . He stated that they are hosting a public
hearing regarding a proposal t o add another area code i n the State
and that the proposal would require a ten -digit dial for all local
calls . He related that the Municipal League has not yet had an
opportunity to address the proposal .
VENDORS
Mayor Swaim related an ongoing struggle with street vendors that
sell products available in local stores , citing a recent incident
regarding a vendor selling one -dozen roses for $4 .95 . He related
that local florist complained that they could not compete. He
pointed out efforts by the City regarding proper tax I D, businesses
licensing and posting of a bond. He mentioned last years vendors
committee and asked the City Counci l to consider resol ution . He
5
000029
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 17 , 2001
7:00 P .M. -7:35 P.M.
pointed out that vendors make it difficult for loca l business to
compete regarding overhead expenses. He related the need for a
stern ordinance, a dding that under the current ordinance the City
can requ ire a bond , State tax ID , and Ci ty business l icense when
they obtain permission from the property owner to set up.
Alderman Wilson suggested that the committee along with local
business people from the community meet to discuss a solution in
fa i rness t o a ll concerned .
Alderman Smith agr e ed saying he understands the reason for t he
compla i nts , adding that the committee favored a farmers market . He
noted the unattract i ve setup appearance by some vendors .
Alderman Twitty pointed out that the vendors are not helping the
Ci t y o f Jacksonv ille regardi ng capt ured revenue that wou l d benefit
City operations . She supported reforming the commi t tee .
Alderman Ray related t hat a main concern of the committee was the
senior cit i zen farmers market , so the committee focused on a
business license operat i ng vendors .
Discussion ensued as to exceptions and guidance from Metroplan and
t h e consensus of the City Council was to reconvene the committee.
APPOINTMENTS: PARKS AND RECREATION COMMISSION
Alderman Smith moved, seconded by Alderman Wilson to approve the
reappointment of Marcia Dornblaser and John Fortenbury for a term
to expire May 9 , 2006.
Mayor Swaim announced that a new code enforcement officer has been
hired and i s currently in traini ng .
Alderman Wilson commended the Mayor, Director Biggs and the
Community Center staff f or t heir assis tance in a very successful
Bus i ness Expo , addin g that it reflects well for the community .
ADJOURNMENT:
Mayor Swaim without objection
approximately 7 :35p.m .
Respectfu lly,
~ Jl\QJA ~~h±t usanL~ Da vit
City Clerk-Tr asurer
6
adjourned the meeting at
BID#: JAX-01-0012 DEPT: PARKS -
AM. RUBBER TECH.
ITEM PLAYGROUND SURFACE UNIT
NO: QTY: DESCRIPTION PRICE: AMOUNT:
1 SST PLAYGROUND SAFETY $315.00 TON $26,775.00
SURFACE DELIVERED
TERMS: NET30
I TOTAL ·-$26,775.00
I
DATE· -···-·
CITY OF -j)NVILLE
BID TAB -~ •. -N SHEET
05/14/2001 9:00A.M
BY:I
KIRKPATRICK RUBBER CO. AMERICAN PLAYGROUND
UNIT UNIT
PRICE: AMOUNT: PRICE : AMOUNT:
$320.00 TON $27,200.00 $1,099.36 TON $93,445.70
DELIVERED DELIVERED
2% 10DAYS ($544.00) ($2,803.37)
-· $26,656.00 $9 0,642.00
IRECOMMENOED [BIOOER;,.~ I(IRKPATRICK\RUB~Eft,COMPANY"~ ---·-
0
~..,
0
0
0
0
T ABULATED OPENED BY·
C.J.B. I MAYOR SWAIM
UNIT UNIT UNIT
PRICE: AMOUNT: PRICE AMOUNT: PRICE: AMOUNT:
I
I
,
I
!
tt.;: it ~ ........ !' ·~· -...... ::.;
I
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JUNE 7, 2001 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Animal Control)
Regular City Council Meeting
May 17, 2001
Regular City Council Meeting
May 3 , 2001
Regular Monthly Report/May
_GC0031
Director of Public Works Jimmy Oakley
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REG DEPT:
a . REQUEST TO ACCEPT BID :
Boom Loader
b. REQUEST TO ACCEPT BID:
2001 Asphalt Overlay
a . REQUEST TO ACCEPT BID:
North Lake Park Equipment
b. PRESENTATION: Coach of the
Year Awards
c. RESOLUTION: 549 (#9-2001)
Setting Public Hearing For
Parks & Recreation Grant
000032
City Council Agenda Continued
June 4, 2001
12. PLANNING COMMISSION:
13. GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
a. RESOLUTION: 550 (#1 0-2001)
Setting Public Hearing To Close
A Portion Of Hickory Street
b. REQUEST FOR FUNDS :
Reed 's Bridge Preservation Society
c. PRESENTATION: Draft Ordinance
Regarding Code Enforcement
(Aldermen Stroud, Fletcher, Ray & Sansing)
0000 33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7 :00 P.M . -8:10 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Counci l of the City of Jacksonvi lle , Arkansas met in
Regular Session on June 7 , 2001 at the regu la r meet ing place of the
Counci l . Alderman Ray delivered the invocation and Mayor Swaim led
a standing audience in the "Pl edge of Al l egiance" t o the flag.
ROLL CALL: Aldermen: El l iott, Smith , Sansing , Ray , Wilson , Fletcher ,
Stroud , and Howard answe red roll call . Mayor Swaim also answered
ROLL CAL L declaring a quorum. Alderman Twitty arrived at
approxima t ely 7:09p.m . PRESENT nine (9), ABSEN T (1).
Ot h ers pre s e nt for the meeting were : City Attorney Robert E.
Bambu rg, Depu ty Ci t y Cl er k Melanie Green, Di recto r of
Adminis trat i on Murice Green , Personnel Director Dennis Foor, Ci ty
Engine er Jay Whisker , Di rector of Public Works J i mmy Oakley ,
Purchas i ng Agent June Brown , CDBG Director The resa Watson , Po lice
Chief Hibbs , Fire Chief Va n de rhoof , Battalion Chief Ron Peek , Parks
a nd Recreation Director George Biggs , Parks Assist ant Administrator
Patty Walker, Athletic /Fitne ss Ma nager P a ul Rector, Mr . Tommy Bond ,
Mrs . Judy Swaim , Mrs . He l e n Stroud, Mrs. DeDe Hibbs , Mrs. Addie
Gibson, a nd interested c itizens .
PRESENTATION OF MINUTES:
Mayor Swa im presented the mi nu tes of the Regular Ci ty Counc.il
Mee ting o f May 17 , 2001 for approval and/or correction at the next
Regu l ar City Counci l Meet ing.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes
of the Regular City Council Meeting of 3 May 2001 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Stroud to APPROVE the
monthly Animal Control Report for May 2001. Report reflects the
following:
REVENUES ................................................ $
CONTRIBUTIONS ................................. $
ADOPTIONS/FINES ........................... $
TOTAL ......................................................... $
608 .00
0.00
608 .00
608.00
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Stroud , and Howard voted AYE. (0) voted NAY. MOTION CARRIED.
1
000034
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2001
7 :00 P .M. -8 :1 0 P .M.
STREET DEPARTMENT: a. Request to Accept Bid for Boom Loader
Mayor Swaim related that the City did not profit through operations
with FEMA, pointing out that due to the extraordinary trash volume
the City is now having to replace one of the two trucks worn out by
the heavy use and huge volume. He stated that funds will be set.
aside to replace the other truck at a later time. He noted
constant repairs regarding the three operating trucks following thE!
storm , pointing out that at one point there was on l y one truck in
operation because of repairs. He related that Mr. Oakley has made
recommendation to forgo the low bid because of the delivery time,
explaining that the low bid will take ten to twelve weeks fo l~
delivery versus ten days with the alternate bid.
Mr . Oakley related that Henard Utility who was the l ow bidder also
submitted an a l ternate bid for a truck that has slightly less
horsepower, which was available sooner for delivery. He stated
that the bid came in approximately $1,100 more than th e ir low bid
for a total o f $77,000.
In response to a question posed by Alderman Wilson, Mr. Oa k l ey
stated that it is the minimum horsepower recommended by the
manufacturer. He stated that the truck is 210-horsepower , adding
that the specifications were for 250 -horsepower . He related that
he prefers to exceed the min i mum requirement when developin9
specification for bids. He related that he believe the truck ca~
meet the requirements for operation.
Mayor Swaim pointed out that the alternate bid did not meet the
specificat i ons , but is being cons idered because of the pressing
need.
In response to a question posed by Alderman Sansing , Mr. Oakl ey
related that the a l ternate bid regarding the I nternational Truck is
more expensive even with less horsepower because of the make. He
stated that the l ow bid was a Sterling Tru ck manufactured by Ford.
He stated that regarding la rge trucks , Int ernational tends to be a
more expensive model.
Mayor Swaim poi n ted out an earlier purchase of an I nternational
Truck by the City and asked Mr . Oakley for any information
regarding performance.
2
CITY OF JACKSONVILLE 000035
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7 :00 P.M. -8:10 P .M.
Mr . Oakley s t ated that the City f leet has cons isted of Fo rd in the
past, but that the Street Sweeper is an International p u rch ased
approximately two years ago. He r el a ted that there have been no
p roblems with the equipment. He stated t hat i n talking wi th the
State and other cities who own Intern ational Trucks they have
reported be ing pleased with the equipment . He stated th a t the
Int ernationa l has not expe r ience any breakdowns.
Alderman Wi l son quest i oned the vehi cle 's life e x pectan cy a nd if the
l esser horsepower wo uld affect that life exp ectancy .
Mr. Oakley related that t h e equipment i s set up on a seven-y ea r
deprec i a tion sche d u le f or rep l acemen t. He stated that the truck
being r eplace . is coming i n on the seven th year in Octob e r. He
stated that h e d id not believe t h e hors e power would af f ect the life
expe ct ancy of th e vehicle .
It was no t ed tha t a twelve -week delive r y t ime schedule wou ld be too
late for the s u mmer season .
Mr. Oakl ey stated that since the winter storm, the t r ash route has
on l y been a ble to meet its schedule two wee k s out of the last five
to six months .
Alderman Wilson moved, seconded by Alderman Elliott to accept the
alternate bid from Henard Utility in the amount of $77,000 with
funds to be drawn from Budgeted Depreciation Funds, rejecting the
low bid from Henard Utility because of the time factor regarding
deli very . MOTION CARRIED.
b. Request to Accept Bid for 2001 Asphalt Overlay Program
Cit y Engineer Whisker stated that the esti mate was c l os e to low bid
and that the City is satisfied with the l ow bidder .
It was noted that Rowl ett Construction performe d satisfact ory work
for t h e City approximately two -years ago and that the company is
ready to begi n .
Mayor Swa i m noted that t he bids came in f rom $40.74 to $38.4 9 down
t o $34 .1 5 per ton , adding that l as t year 's bid was awarded at
$33 .00 per t o n.
Alderman Ray moved, seconded by Alderman Stroud to accept the low
bid from Rowlett Construction in the amount of $264,075.75 with
budgeted Street funds. MOTION CARRIED.
3
000036
PARKS & RECREATION :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7 , 2001
7:00 P.M. -9:10 P.M .
a. Request to Accept Bid Northlake Park Equi pment
Parks and Recreation Director George Biggs related that the bid
includes p l ayground equ ipment , underneath safety sur facing , a
basketball goal and a pavilion to complete the entire park.
Alderman Stroud moved , seconded by Alderman Wilson to accept the:
low bid from Barre Landscape in the amount of $41,932 .72 to be:
drawn from budgeted Parks & Recreation Funds . MOTION CARRIED .
b. PRESENTATION: Coach of the Year Awards
Parks and Rec r eation Comm i ssion Cha i rman Greg Bo llen presen ted
Coach o f the Year Awards to Mr . Lucky Nowden for Football, Mr . Al
Ga ll for Softba ll , and Chrissy Woodson f or Soccer and Mr . Terry
Conan for Baseball .
Mayor Swaim related that t h e benefits and positive results der i ved
from t he Parks and Recreat i on youth programs out way the budget
costs , and commen d ed the volunteers for mak i ng t h e program~>
possib l e.
c . RESOLUTION 549 (#9-2001)
A RESOLUTION TO SET A PUBLIC HEARING TO ADDRESS THE JACKSONVILLJ!:
PARKS AND RECREATION DEPARTMENTS APPLICATION FOR GRANT FUNDING Am)
TO ESTABLISH RECREATION PRIORITIES IN JACKSONVILLE, ARKANSAS ; AND,
FOR OTHER PURPOSES.
Mayo r Swaim stated that the City has an opportunity to apply for a
ma ximum of $250 ,000 grant to be applied toward the constru ction of
a pool complex .
Alderman Smith moved, seconded by Alderman Ray to read Resolution
549 (#9-2001). MOTION CARRIED . Whereupon City Attorney Bamburg
READ the Resolution.
Alderman Ray moved, seconded by Alderman Smith to DISPENSE WITH THE
READING of Resolution 549 in its entirety, reading only Section One
and Two. MOTION CARRIED.
Alderman Fletcher moved, seconded by Alderman Wilson to approve
Resolution 549 . MOTION CARRIED.
PLANNING COMMISSION :
4
000037
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7:00 P .M. -8:10 P.M .
GENERAL: a. RESOLUTION 550 (#10-2001)
A RESOLUTION SETTING A PUBLIC HEARING TO ADDRESS THE ISSUE OF
VACATING AND CLOSING A PORTION OF HICKORY STREET, JACKSONVILLE,
ARKANSAS (GENERAL LOCATION: THAT PORTION OF HICKORY STREET FROM
EAST MAIN STREET TO THE REAR OF THE SUNNYSIDE HILLS ADDITION) ; AND,
FOR OTHER PURPOSES.
Mayor Swaim re l ated that the street location is between First
Baptist Church and the Care Channel building, adding that the
street is undeveloped . It was noted that adjacent property owners
are i n agreement to close and vacate.
Alderman Elliott moved, seconded by Alderman Wilson to
Resolution 550 (#10-2001) . MOTION CARRIED. Whereupon
Attorney Bamburg READ the Resolution .
read
City
Alderman Ray moved, seconded by Alderman Stroud to DISPENSE WITH
THE READING of Resolution 550 in its entirety. MOTION CARRIED .
Alderman Wilson moved, seconded by Alderman Elliott to approve
Resolution 550. MOTION CARRIED.
b . REQUEST FUNDS FOR REED'S BRIDGE PRESERVATION SOCIETY
Alderman Howard related that the Reed's Bridge Preservation Society
is requesting $5,000 to purchase additional property .
Mr. Tommy Dupree updated improvements to the McRaven property
previously purchased by the Society. He stated that demolition of
dilapidated structures located on the property is almost complete.
He related that the property currently being considered for
purchase is three lots l ocated o n the south side of Bayou Meto
adjacent to the Wastewater property. He related that the property
features a pond, adding that the drain, which f ed the p ond , has
been filled with debris and that funds donated from AP&L will be
used to clean the area. He stated that the selling pr ice of $10,000
is reasonable, po int ing out that the property is platted and
recorded . He s t ated that the street located on the property could
be closed which would add approximately 2.5 acres. He pointed out
that the l ots are located in a critical core area regarding the
main battle action and needs to be tied to the preservation
property. He demonstrated a map showing the core areas including
Dupree Park property by the west side of the railroad and
Wastewater prop erty on the east side of the railroad . He stated
that the McRaven property on Hwy 1 61 would be the top part of the
core area and the Fire station on the east s ide of Hwy 161 . He
re l ated that the core property includes the 7.5 acres near the
5
0000~8 CITY OF JACKSONVILLE
REGULAR CITY COUNC I L MEETING
JUNE 7 , 2001
7 :00 P .M. -8:1 0 P.M.
b r idge, adding that the adjacent property belongs to Jenn ie Duke
and that Mrs . Duke has granted verba l easement rights. He re l ated
that the society would try to obtain easement rights on property
n ot for sale . He then poi n ted out that the society is going tc
reques t State and National registration in order to he l p funding
for improvements . He expla i ned that the Federa l government was
working from a prior i ty list regarding funds for land purchase ,
adding that i f monies are appropriated in the future it could be on
a first come , f i rst serve ba s is. He stated the need for volunteer~•
regardi n g clean up .
Alderman Stroud moved, seconded by Alderman Sansing to provide~
$5,000 for a matching grant to purchase Reed's Bridge Batt lefielcl
property from the Capital Improvement Funds. MOTION CARRIED.
Mayor Swaim ca l led attention to the ant i que store disp l ay case in
the hallway featuring i tems from 1800 's and 1900 's on loan from the
Dupree fam i ly. He encouraged part i c i pa t ion regardi n g display of
Jacksonville historical items.
c. PRESENTATION OF DRAFT ORDINANCE FOR CODE ENFORCEMENT
Alderman Stroud commended City Attorney Bamburg for his work on the
draft ordinance and read t he f ollowing summa r ized statement . "The
intent purpose to the draft ordinance is to i mprove the quality of
life for a ll Jackson ville cit i zens regardless of r ace , color ,
creed , ethnic background , religion , or economi c statu s . In itself
this ordinance wi ll do absolutely n othing without the full power
and i nput of Ci ty govern ment , though much of what needs to be done
could have been obt ained under the previous document -sad fact is ,
i t just was not d one . To c l ear up any misunderstandi ng, the
o r dinance h as been clari f ied and foc u sed on certain aspect s of the
code i n h opes of eradi cating an u gliness creeping over our
commu n ity. It is therefore encumbered upon the City Counc il to
hold the Code and Enforcement Office responsible for full
implementa tion of said ordinance should you decide to approve it.
We created too l s for the j ob and it is up to them to act. I have
every confi dence t h at they wi ll do so in a cou r teous and effici ent
manner. The task i s enormous and it is going to take some t i me ,
but we should witness improvemen t from some of our more notorious
violators almost immediately once the ordinance i s adopted , it is
a l so necessary that the Board of Adjus t ment and the City Council
fu l ly support City Inspectors as they carry o u t t h e d i ff i cu l t
duties prescribed there i n. Fortunately mos t folks want to do what
i s right , a ll th ey need is a little bi t of guidance . Fo r the few
when ci t ed there is going to be weeping , wailing and gnashing of
teet h. It is then that t h is City government must stand ta l l and
take the full abuse f r om t h e few fo r the benefit of a ll.
6
CITY OF JACKSONVILLE 000039
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7 :00 P.M . - 7 : P .M.
Alderman Wilson commended the committee's efforts, saying that it
would be helpful to provide a condensed executive summary of the
changes regarding public information . He added that general terms
would help to communicate the intent and inform the public of how
the ordinance will be carried out. He stated that he was unaware
of anyone that was not in favor of the improvements.
Alderman Sansing noted that one major change would be the time for
compliance.
Mayor Swaim noted that the time factor has been changed from 15-
days to 7 -days . He then related that the ordinance proposes a
citation for grass on a r esidential l ot of less than an acres that
grows 8 ", adding that a lot from one to five acres is 18" for grass
height wi t h commercia l being similar. He stated that stronger
language would allow Code Enforcement to enforce residents c l ean up
areas around the house . He stated that if a house needs t o be
painted they have the authority to require that . He related that
it provides Code Enforcement with more access authority to certain
areas if there is indication of a problem. He r elated that overal l
it sets heavi er fines and that costs associated wi t h the City
having the grass mowed will be col l ected as back taxes rather than
through a lien on the property, which cannot be col l ected until the
property sel l s . He related difficulty with identifying operable
and inoperable automobiles, adding the need for public input
regarding cond i tions considered aesthet i cally unsightly.
Al derman Elliott requested clarification regarding the intent o f a
closed area and the need for direction for grass height.
Alderman Stroud related that grass heights were ta ken from North
Little Rock and Sherwood's ordi nance and would be subject without
exact measurement.
Furt her discussion e nsued regarding enclosed roof or fence areas
for commercial automobile busi nesses.
Alderman Stroud related that for nuisance purposes, enclosed areas
a r e directed at carports and automobiles required a fenced area.
Ci ty Engineer Whisker revi ew enclosure requirements under section
8 .04 .020 of the Municipal Code.
Ci ty Attorney Bamburg c l arified that additional recommendations
regarding enforcement procedure were re ceived from City Engineer
Whisker and would be incorporated into a second draft for Council
consideration.
7
OOGO::tO CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7:00 P.M. -7: P .M.
City Engineer Whisker related recommendations basically on how to
reach the different people with the various types of vio l ations,
such as a certified letter, posting on the property, or vehicle .
Mayor Swaim related interest from an apartment owner regarding a
l and l ord organization to work together and require tenants to keep
property clean while renting.
In response to a question from Alderman Sans i ng , City Attorney
Bamb urg highlighted sections of the ordinance regarding broadened
definitions of uns i ghtly and unsanitary cond i tions, the scope of
Code Enforcement Officers duties, as well as changes to the
regulations for resident i al or commercial. Code Enforcement
Officers wi l l be entitled to issue citations as we ll as warrants
and the police department can do the same thing i n the
c ircumstances where they might apply . He stated that section three
specifically addresses the non-compl ying conditions with grass ,
weeds , and vegetation inc l uding a chart for heights for the
different type lots. Adding authority for the Code Enforcement.
Officers a n d changing the method of collection allowing the City to
follow the change in State Law collected through delinquent taxes.
It was noted that large wooded areas (unoccupied comme r cia l areas)
is listed at 18u and that most areas that are wooded areas would
not accommodate a mower but could be addressed under the terms of
the ordinance if it were to become a prob l em with undergrowth.
City Engineer Whisker mentioned consideration for property over
five acres.
Mayor Swaim asked that additiona l recommendations be i ncorporat ed
into the ordinance and provided to Counc il as soon as possible
along with an executive summary. He then mentioned the litteJ:::-
ordinance and policing of those regulations, asking Police Chie f
Hibbs to work with the comm i ttee regarding effective measures to
ensure litter control.
Al derman Elliott re l ated that State Leg i slation decreased fines
from 1,000 to 10 0 dollars in an effort to have closer enforcement
regardi ng citations .
Mayor Swaim asked for audience part i cipation pro or con .
Alderman Wi l son s t ated concerns by Alderman Fletcher and himself
regardi ng the inspector's authority versus Police author ity. He
related the need for further discussion before granting t hat much
a uthori t y.
8
000041
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7 :00 P .M. - 7 : P .M.
Alderman Stroud stated that he is aware it has been said that the
Code Enforcement Office rs are being given more power tha n the
Po lice Officers, but that is not true. He related that right now
the Police have with justification the authori ty to go on property.
He related th a t the comm ittee is not askin g that Code Enforcement
be allowed to go inside and inspect homes , only complaints with
just cause. He spoke of an exampl e regarding perhaps an old shed
or trailer that is harboring skunks , vermin , or rats; where Code
Enforcement can be notified and investigate. He added that if the
residents are not horne Code Enforcement could still enter the back
yard. He pointed out that the Committee is proposing that which
Sherwood and North Little Rock are currently enforcing .
Alderman Sansing stated that while the ordinance is not expected to
pass tonight , many citizens have made it very c l ear that they are
tired of waiting. He related that he did not want to see Council
take t oo long in review because after passage there will still be a
30 -day period before it goes into effect.
Mayor Swaim concluded that changes wil l be provided for review
pr i or to the next meeting and the ordinance wi ll be on the next
regularly scheduled meeting agenda .
In response to a question posed by Alderman Sansing regarding a
burned horne at 107 Central Avenue , Ci ty Engineer Whisker related
difficulty in l ocating the owner , saying that she has had some
police problems and got married while she was in jail and chang ed
her name so the condemnation letter has just recently been sent to
her.
Alderman Sansing commended Code Enforcement relating significant
improvement regarding properties he had asked Code Enforcement to
investigate .
Mayor Swaim related that Code Enforcement manpower h a s been
increased, adding that i t may become a question of further
increasing the manpower after the ordinance adoption.
It was noted that the ordinance would address carport situat i ons
being used as storage areas.
Mayor Swaim re l ated sirnul taneous efforts by another committee
addressing solicitation situations in the City of Jacksonvi l le.
Alderman Twitt y cha ir for the Committee related efforts to
completely suspend door -to -door solicitati on in the City and
provide for a Fa rmer 's Market in th e downtown area .
9
00004:2 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
JUNE 7 , 2001
7 :00 P .M. - 7 : P.M.
Mayor Swaim stated that the City Attorney is researching the
ability to ban door -to -door types of solicitation .
Al derman Stroud re l ated increased fees may better control some
types of solicitation.
Alderman Twitty pointed out that the ban wou l d not include civic
groups, the Girl Scouts or sports related fundraisers. She noted
that other types of solicitation do not benefit the City of
Jacksonville.
City Attorney Bamburg stated that in placing an outright ban there
are issues to be addressed through the Commerce clause , adding that
he has researched the City 's abil i ty to limit t h e activity in
various forms, but is still looking for the possibility of an
outright ban.
Alderman Howard noted when improvements are made regarding an
unsightly condition it seems the entire neighborhood does better,
pointing out that the Sunnyside Neighborhood Association is hostinq
a meeting June 14, 2001 at 7:00 p.m. encouraging attendance.
Mayor Swaim related that the Council can legislate and enforce the
laws but hopefully neighborhoods will clean up without enforcement
once they see the problem is being addressed . He mentioned the
citywide cleanup once a year , saying that other considerations
might need to be addressed for a different type of cleanup day, not
just picking up trash from the street but tearing down and
disposing of buildings.
Alderman Stroud related that Mr. Jim Peacock and his associates
have agreed to let the City use a portion of the Jacksonville
Shopping Center property fo r a farmers market but have expressed
concerns for trash and the need for a sponsor. He stated tha t the
Chamber of Commerce Smal l Business Committee will act as sponsor .
He related plans for preparation of the area, adding that the City
Clerk 's off i ce wi l l issue permits. He related efforts to direct
the traf fi c to one area to create a farmer 's market much like the
one in Fayetteville .
FOUNTAIN UPDATE :
Mayor Swaim related that the foundation drawings are completed and
the architect has agreed to donate his time spent on the project .
He stated that Mr. Phil Keaton has donated thus far his time
regarding the foundation and concrete plans and engineers at
Arkansas Precast have completed designing the precast.
10
CITY OF JACKSONVILLE 0000-13
REGULAR CITY COUNCIL MEETING
JUNE 7, 2001
7 :00 P .M. - 7 : P .M.
He then went on to say t hat the City currently has five
construction projects that need to be started, reminding Counci l of
discuss i on regarding the need to hire a project manager. He stat ed
t ha t he believes the City is ready to do that under state
gu i de l ines for contract servi ces , adding that i t does not
necessarily have t o be bid . He related that he has spoken wi th Mr.
Keaton , wh o has expressed interest since he has donated much of his
time a lready . He pointed out that Mr . Kea ton drew the plans for
t he Animal Shelter at no cost to the City. He related the
co nsiderati on for hiring Mr. Keaton on a percentage basis to move
forward with various City projects includi n g t he Munici pal Court
Building, a l arge pavilion , and renovations for Sanitation
Departme nt. He pointed out tha t currently the fountain , Animal
Shelter, and Municipal Co u rt Building are all about at t he same
stage . He stated that the City has been able to save a
considerable amount of money , addin g that Mr. Keaton a l so donated
hi s time wit h t he archi t eet . He related that t h e a r chi teet
suggested rather than cha r ge the City fo r his service , Mr . Keaton
has demons trated avenues to save mo n ey and the Ci ty ma y want to l et
him take over the rest of the project .
He stated that the City has had a lot of great cooperation and
donations regarding the "Tom Cory Memoria l Fountain", adding that
the biggest f r ustration has been gett in g the projects off the
ground .
It was the conse nsu s of the Ci ty Counci l to a llow Mayor Swaim to
negotiate with Mr . Phil Keaton for the hiring of a project manager
for the City of Jacksonvil l e .
APPOINTMENTS :
ANNOUNCEMENTS :
ADJOURNMENT :
Mayor Swaim without objection
approximately 8:10 p .m .
Respectfully ,
11
adjourned the meeting at
BID NUMBER: JAX 01 014
KUCKLE BOOM LOADER
ITEM
NO.I QTY. DESCRIPTION
KUCKLE BOOM LOADER
DELIVERY TIME
MODEL TYPE
1
CITY OF JACKSONVILLE
BID TABULATION SHEET OPENED BY: Mayor Swaim
DEPT.: Street DATE: 5/18/01 TIME:8: 30AM TABULATED BY: AB
BALE I RIVERCITY I HENARD
CHEVROLET CO HYDRAULICS UTILITY
UNIT UNIT
UNIT I I UNIT I I UNIT I I UNIT I I UNIT
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNTI PRICE AMOUNT PRICE I AMOUNT PRICE IAMOUNTI PRICE !AMOUNT
77, 541 .. 76,24
1 20 d~s I 90 d avs
2002 d-serie~ .
Sterlfng
• 1 Chass+s
i
I
I i
75, 84Q . .
10-12 lweeks I
Sterl:ilng
I
I I
TOTAL PRICJ':::::'''':'"'J [~{=~=~=~=~=~:;
~~,...., 75,840~ 1
:~=~=~=~=~tt:~l !=~=~=~:}~{:~:~; ::~=~=~=~=~=~=~=~=~=· ::::::::::::::::::::
I .
I J
t::::::::::::::::::
.......
~
~
0
0
0
0
TERMS:
RECOMMENDED BIDDER: HENARD UTIL!r.TY
BID NUMBER: JAX 01 015
2001 Asphalt Overlay
ITEM
NO. QTY. DESCRIPTION
As phalt Overlay
As pha lt
Milling 2" or les s
Milling 2" -4"
I I I I I I i I I I
I
I
I I I I I
I
I
I I
I I
I ~
6 TOTAL PRICE:
0 TERMS:
~ RECOMMENDED BIDDER:
J
CITY OF JACKSONVILLE
BID TABULATION SHEET
DEPT.:Street DATE:6/5/0l T!ME:9:30AM TABULATEDBY: CJB
Cranford Rowlett Lasiter
Constructi n
UNIT UNIT UNIT UNIT UNIT
PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUN T PRICE
303, 2< 9.39 264,0 5 .75 315,1 7.32
38 .49 34.15 40 .74
per t < n per t pn per t n
2 .54 2.12 2.73
per t< n per t pn per t n
I
2 .96 2 .351 2.75
per t < n per tT per tor
I
I I
I I
I I I
-.
I
I
I
I
I
I
264,0, 5.75
:=~=~=~=fi=~=rl -:-:-:-:-:-:-:·:·:·: .:-::::::::::::::::::
•.•.·.·.·.·.·.••·.· ;:::::::::::::::::: :-:-:-:-:-:-:-:-:-:· ·.·.·.·.·.·.·.·.·.·.· ·.·.·.·.·.·.·.·.·.·.· =~=~=~=~=~=~=~=~=~=
ROWLETT CON; TR
C?E."!ED BY: Mayor Swaim
UNIT UNIT
AMOUNT PRICE AMOUNT PRICE AMOUNT
I
I I I i I
I I
I I I I
I I I
I
I
'
I
·:-:-:-:-:-:-:-:-:-::::::::::::::::::: ·:::::::::::::::::: .·:·:·:-:-:-:-:-:-:
City Council Of Jacksonville, Arkansas 0 00047
AGENDA
Regular City Council Meeting
JUNE 21, 2001 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
6 . WATER DEPARTMENT:
Regular City Council Meeting
June 7, 2001
Regular City Council Meeting
May 17, 2001
Regular Monthly Report/April & May
Police Chief Hibbs
Regular Monthly Report/May
Fire Chief Vanderhoof
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT:
12. PLANNING COMMISSION:
13. GENERAL:
7:00 p.m . Public Hearing a .
REQUEST TO ACCEPT BID:
Truck Excavator
RESOLUTION 551 (#11-2001)
Parks & Recreation/Support Application
For Matching Funds
b. ORDINANCE 1154 (#8-01)
Code Enforcement Revisions
(Alderman Stroud)
'
000048
City Council Agenda Continued
June 21 , 2001
GENERAL cont'd
14 . APPOINTMENTS :
15 . ANNOUNCEMENTS :
ADJOURNMENT
c. ORDINANCE 1155 (#9-01 ):
Creation of a Farmers Market
(Alderman Twitty)
d. ORDINANCE 1156 (#1 0-01 ):
Solicitation Issues
(Alde r man Twitty)
CITY HALL WILL BE CLOSED
JULY 4rH FOR INDEPENDENCE DAY
-
CITY OF JACKSONVILLE
000049
REGULAR CITY COUNCIL MEETING
JUNE 21 , 2001
7 :00 P.M. - 7 :55 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in
Regu lar Session on June 21 , 2001 at the regular meeting place of
the Co uncil. Al derman Ray delivered the invocation and Vice Mayor
Twitty led a standing audience i n the "P ledge of Al legiance" to the
flag .
ROLL CALL: Aldermen : Elliott , Sm i th, Lewis , Sansing , Ray, Wilson ,
Fl e t c her, Stroud , and Howa r d answered roll call. Vice Mayor Tw itty
also answered ROLL CALL d ec laring a quorum. PRESENT nine (9), ABS ENT
( 0) .
Others p r esent f or the meeting were : Ci t y Attorney Robe r t E .
Bamburg , Deputy City Clerk Melanie Green , Dire ctor of
Adm inistration Murice Green , City Engine e r Jay Whisker , Finance
Director Paul Mushrush, CDBG Dire ctor Theresa Watson , Police Chief
Hibbs , F i re Ch ief Vanderhoo f, Parks and Recrea t ion Director George
Biggs , Marketing Manager Annabelle Davis , Parks Assistant
Administrator Patty Walker , Athlet i c/Fitness Manager Paul Rector ,
Aquatics Manage r Diane Novotn y , Pa rks Chairman Gr eg Bollen , Parks
Commissioner John Fo r t enbu ry , Mr. Tommy Bond , Mrs. Edith Smith ,
Mrs. Lindy Lewis , Mrs . De De Hibbs , Mrs. Addie Gibson , interested
citizens and members of the press.
PUBLIC HEARING: PARKS AND RECREATION/SETTING RECREATINAL PRIORITIES
Vice Mayor Twi tty opened the publ ic h ea r i n g at approx i mately 7 :02
p.m .
Parks and Recreation Commission Ch airman Greg Bol l en addressed the
Council r egarding priority se l ection for matching funds , say ing
that r epa irs of t h e Martin Street Pool have been before Counc il
annu a lly and n ow the Commission wou l d li k e to discuss t he
possibility of renova t ing the pool. He reminded Co uncil t hat
because of the age of the ex i s ting pool i t has required extensive
repairs a nnu ally , adding that the bat hh o u se and b athrooms are
b eg i nning to deteriorate and need major repa i r to t h e roof
structures. He stated t hat an es t imat e of $900 ,000 was given to
bring the facilities into cod e , adding t ha t thought was given to
replacing the e xisting pool , making it more modern, user friendly
and mor e family oriented . He stated t h at the proposed renovation
wou l d b r ing pride to the City. He re l a t ed that like the Commun it y
Center it would stand out and offer more use to the more citizens.
He stated th a t engineers have drawn t h e plans and the proposed
project i s close to 2 .2 mi ll i o n. He explain ed that several thing s
are proposed in the plan , pointing out that the area known as
Pleas u re Park wou l d b e r emodele d . He said that t he te nni s courts
that are in disrepair and seldom used wi ll be ta k e n out. He
1
oooo:;o CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 2 1, 2001
7 :00 P.M . - 7 :55 P .M.
related that the pool will have options of slides, play toys ,
playgrounds that can be seen at zero ground entry, which makes it
very friend l y for families that have small children. He related
that the plan is sectioned into three different areas , adding t hat
the advantage of this is that you can keep the different groups
more separated. He explained problems with smaller children and
teenagers playing closely together in the current layout. He
stated that the other advantage is maintenance , adding that the
proposed facility will be better and easier to take care of long
term. He stated that it will help generate funds from entry fees
and sl i de fees to help support the expense. He stated that after
weighing the pros and cons it becomes more economical to replace
than repa i r. He related that the existing pool has been c.
financial burden for the City and this is an opportunity to help
long term financially with the outdoor pool , adding that if the
City is goi ng to be in the outdoor pool business then it s h ould
have one that everyone can be proud of and happy to see.
In response to a question posed by Alderman Fletcher , Mr. Bollen
introduced Mr . Mizan Rahman , an Engineer from ETC Inc. to answer
specific questions regarding the pool. Chairman Bollen reviewed the
site plan highlighting the proposed changes and Engineer Rahman
po i nted out that the location of the new pool would be moved some
to the west and north. Chairman Bollen stated that one advantage
to the neighborhood would be that the location of the new pool
wou l d actually be further away than the existing pool creating a
better buffer from the neighbors . He stated that the design has
been fitted to save as many of the large trees as possible. He
related two trees will have to be taken out but as much of the
nat ural beauty wi l l be preserved as possible.
Mr . Rahman stated that t he bathhouses and bathroom would be new and
the proposal features an entry way for dropp i ng off children. A
central area that creates an arrival environment with flags and a
fo u ntain . He stated that the Park wou l d become very prominent
rather than passive . He pointed out that the different segregated
activity areas would provi de a park environment that caters to
different age groups. He stated that the total pool area would be
increased 20% and would feature three different pools . A shallow
pool that is approximately 2500 square feet of 0 depth , a five l ane
swim area which is 3200 square feet and a plunge pool that is
approximate l y 1200 square feet featuring a slide. He stated that
by separating the pools you reduce costs by breaking out the
system, adding that there are other mechanics that can reduce the
cost by building separate pools . He then pointed out that
ma i ntenance will also be cheaper in the sense that i f one pool goes
down , you still have the others going and it wi l l be easier to t ake
care of instead of a b i g massive pool.
2
000051
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 2 1 , 2 001
7 :00 P .M . -7:55 P.M .
Alderman Wilson asked what type of construction is recommended and
how that differs fr o m the existing facility .
Mr . Rahman replied that the existing pool is 30-years old and has
concrete wa l ls . He related that pool construction has not changed
much except now gahnite would be used for the walls of the pool and
the floor would be concrete. He added that then plaster would be
used to cover, saying that plaster is better, superior to paint and
will last longer and give longer service.
In response to a question posed by Alderman Fletcher , Mr . Rahman
stated that the l i fe expectancy of a concrete pool is about 30 -
years , and the plaster coating should be redone every 10 to 15
years which is normal . He explained that hot and cold weather wi l l
create fine cracks in the plaster coat over the concrete. He
further related that the decking has not yet been chosen , but he
envisions a c oncrete deck stamped or painted attractively.
Chairman Bollen stated that design features have not been chosen,
saying that the basic layout for the facility has been designed .
In response to a question from Alderman Sansing , Mr. Rahman related
that included in the 2.2 million estimated cost is the pools and
al l support meaning all the buildings and the center circulation
system, a new parking lot ; added that he was unsure how much of the
landscape in exact detail, but it wou l d also include the gazebo ,
the slide and some play toys that have not ye t been chosen .
Discussion ensued regarding the success o f a similar aquatic park
located in Siloam Springs and Mr . Fortenbury stated that the S i loam
Springs project was approximately 20 % larger than the proposed park
for Martin Street. He then related that because the Siloam Springs
facility is located next to a school they have unlimited parking in
the summer. He praised the park , saying that it was well thought
out, pointing out that it features two slides and in his opinion is
a first c l ass facility. He stated that he believes the pool wi l l
generate enough income to pay the ope r ating costs in the summer. He
also stated that the number of lifeguards required would hinder the
pool fac i lity from actua l ly profiting.
Alderman El l iott questioned needs regarding additional staffing;
Aquatics Director Diane Novotny stated t hat currently there are
five lifeguards that rotate positions . She stated that they are
considering two additional lifeguards and a pool manager . She
pointed out that currently two to three daycare facilities utilize
the pool everyday , which is the limit current staffing can support
along with pool size . She relat e d that last week no less than 200
children were in the water at one time.
3
000032 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 2 1 , 2001
7 :00 P .M. - 7 :55 P .M.
Alderman El liott questioned wh ether operation costs include
additional staffing.
Mr. Fortenbury stated t h at i t wo ul d because they h a ve a n entry fee
that is reasonable but also charge an extra do l lar for a bracelet
to go down the slide, which is where they rea lly generate income.
Di ane Novotny stated that the entry fees right now are $2.00 for
adults (13 and over) and $1.50 for a child. We are looking at
raising it to $4.00 per person with a $1 .00 for the slide bands.
She pointed out that at $5.00 per person with 150 bathers you
invest 600 per day which would be about $18 ,000 do l lars per month,
adding that poo l revenue for the year 2000 is almost $9 ,000 .
Alderman Sm i th stated that he is aware of the annual costs
regardi ng repairs to the ex i sting poo l , and the big price tag for
the project but appreci ates the Commission's work.
Mr . Fortenbury asked t h at the Council understand that time
important regardi ng the Hea l th Department .
l ' .~ ·=>
Chairman Bollen explained that the pool facility was granted a one-
year exten s i on without any improvements becau se the Health
Department knew they were looking into renovating. He then related
that t he Health Department said that they cannot promise anything
for next year and so there is a sense of u rgency to decide o::1
issues.
Alderman Howard confirmed with Chairman Bollen that the curren t
facility does n ot meet with ADA requ i rements .
Alderman F l etcher stated that he could see where residents outside
t h e City would come to Jacksonvi l le to use the fac i lity as with the
Community Center. He stated that what excites him about the
proposal is that it goes i n line with h i s thoughts t h at the City
needs more things t o attract younger families to the community. He
related that the City cou l d take a lot of pride in this project for
many years to come . He mentioned the advantage of being more
f amily oriented, adding that while the cost is h i gh now it can only
ge t higher in time.
Vice Mayo r Twitty asked for a n y comments from the audi ence
regarding the setting of recreational priorities .
In response to a question from an audience member, Di ane Novonty
related that 200 is maximum and they expect to accommodate 300 to
350 with a 20% increase in pool area with considerati on to the open
areas .
4
CITY OF JACKSONVILLE 000053
REGULAR CITY COUNCIL MEETING
JUNE 2 1, 2001
7 :00 P .M. -7:55 P .M .
In response to a comment regarding an increase from 2 .2 to 2 .4
million to help increase improvement, Chairman Bo l len stated
raising the proposal from 2.2 million to 2 .7 million would only
make it a more expensive prospect. He then stated that it i s
smaller than the Siloam Springs operation but part of the reason is
the land area . He related that he does not want to bui l d more pool
than parking will allow or sacrifice the greenery .
Mrs. Hudson questioned the buffer zone saying that there is an
existing problem with traffic on Braden Street, which was addressed
through fencing but still exists. She asked what type of buffer
zone would be offered between their property and the proposed
renovation.
Chairman Bo l len said that it is another one of the areas like the
roof and decking where specifics have not yet been identified. He
stated that the buffer zone he was speaking about was regarding the
distance between the property lines, adding that the pool is
proposed to be further away from the location of the current pool .
Sh e asked what provisions for drainage have been addressed.
Chairman Bollen re l ated that the engineering for the drainage would
be totally new. Mr. Rahman concurred saying that the system will
be comp l etely new, adding that all drainage concerns wil l be
addressed .
She asked if the volleyball court wou l d be removed.
Chairman Bo l len stated that the sand volleyball would be removed .
She questioned if the sand would be removed and filled because of a
perk problem regarding rain flow into her back yard.
Chairman Bollen stated that the sand is l ocated where the proposed
poo l will be located and is included in the total costs. He then
addressed issues regarding the tennis courts , saying that there are
six tennis courts at the High School adding that there is a place
for two more behind the Boys Club. He then pointed out that the
tennis courts have not been used in so long that they are becoming
the same as the ones located on Martin Street. He stated that
there are still locations that can accommodate tennis court s should
the demand become more prominent.
She questioned additional staffing for supervision .
5
000054 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 2 1 , 2001
7 :00 P .M. -7 :55 P.M .
Diane Novonty replied that there is the same staff as always witt.
an adult manager o n site. She stated that they have two adult
managers and there will be additional supervision. She stated that
the thought is to have a full time pool manager a l o ng with the
lifeguards.
Chairman Bollen stated that basically we are looking at two
additional staff members.
Mrs . Hudson pointed out that attendance is estimated to double.
Diane Novonty sa id that as far as staffing is concerned two more
lifeguards and a poo l manager are needed; making a total of seven
lifeguards with a pool manger.
Chairman Bollen added that some of the specifics regarding staffinq
would still have to be worked through .
Mrs. Hudson stated concerns for an ongoing traffic prob l em.
Chairman Bol len stated that the new approach area wi ll be more
accessible and hopefully that will negate some of traffic problems.
He related that the current prob l em is with traffic comi ng through
from the other neighborhood , adding that he is unsure what could be
done to stop the kids from wanting to go through that area.
Discussion ens u ed regarding an easement on Gray Street that is
being used for traffic . It was noted that specific issue would be
addressed at a later date.
In response to a question from Alderman Stroud , Mr. Rahman stated
that the 2.2 million is an estimated cost, add i ng that it is n ot a
tu rnkey. He pointed out that there are still design elements and
the final costs est i mate into the design process . He stated t hat
i t will th en be b id and depending on the time frame he felt it
would not be more than 2 .2 million.
Alderman Stroud commented on the Community Center featuring a pool,
gym, banquet rooms , parking lot, meeting rooms, racquetball courts,
and it was pointed out to him that costs were approximately 3 .3
million.
Alde rman Howard raised a que stion regarding the use of the cur rent
facil i ty for an addi tional season foll owing the current season .
6
o.oo oss
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21 , 2001
7 :00 P.M. - 7 :55 P .M .
Diane Novonty addressed the issue saying that in 1998 the Health
Department told Parks and Recreation that regarding new pool
regulations the baby pool had to be put on its own separate
filtration system . She explained that the baby pool is on the b i g
system and has an eight -hour turnover rate , adding that the baby
pool should have a four -hour turnove r rate. She stated that the
Hea l th Department a llowed operat i on for 1999, 2000 , and 2001
regarding the old pool, addi ng that she is unsur e about 2002. She
stated that the Health Department has seen the plans , so it would
be up to them regardi ng operation time. She related that there are
no problems with the baby pool , so hopefu lly they would give us the
2002 season.
Cha i r man Bollen responded to a question from Al derman Elliott ,
saying that completion of the project would take 9 months depend i ng
on the weather, adding that they would hope not to miss a season .
Vice Mayor Twitt y asked for any additional comments , being none the
public hearing was closed at approximate l y 7:31 p .m.
RESOLUTION 551 (#11-2001)
A RESOLUTION DECLARING SUPPORT OF JACKSONVILLE PARKS AND RECREATION
DEPARTMENT'S APPLICATION FOR MATCHING FUNDS TO RENOVATE/REPLACE THE
OUTDOOR POOL IN PLEASURE PARK , JACKSONVILLE, ARKANSAS ; AND, FOR
OTHER PURPOSES .
Alderman Smith moved, seconded by
Resolution 551 (#11-2001) . MOTION
Attorney Bamburg READ the Resolution.
Alderman
CARRIED .
Stroud to
Whereupon
read
City
Alderman Wilson moved, seconded by Alderman Fletcher to dispense
with the readi ng of Resolution 551 (#11-2001) in its entirety.
MOTION CARRIED.
Alderman Wilson
Resolution 551 .
moved, seconded
MOTION CARRIED.
by Alderman Ray to approve
Alderman Elliott stated that add i tio n a l f u nding will need to be
d i scussed .
City Attorney Bambu r g clari fied that addit i onal funding wou l d need
to be addressed by the City Council explaining that the passage of
the resolution is in support of a commitme n t from the City Council
to match the tourism grant funds up to $250 ,000 .
7
0000 56
PRESENTATION OF MINUTES :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21 , 2001
7 :00 P .M. -7:55 P.M .
Vice Mayor Twit t y presented t he minutes of the Regu l ar Ci t y Counci l
Me e ting of June 7 , 200 1 for approval and/or corre c t i on at the next
Regular Cit y Counc i l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Lewis that the minutes:
of the Regular City Council Meeting of 17 May 2001 be APPROVED .
MOTION CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray that the Regular
Monthly Report for April & May be APPROVED . April Report reflects ;:
Total Value of Reported Stolen Property $73,124 .00, Total value of
Recovered Stolen Property $25,769.00 , Total Report Sales $366.00 .
May Report reflects; Total Value of Reported Stolen Property
$71,009.00, Total value of Recovered Stolen Property $10,553 .00 ,
Total Report Sales $358.00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the:!
Regular Monthly Report for May, which reflects a fire loss o :E
$13,300 .00, and a Savings Total of $8,000.00 .
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Stroud, and Howard voted AYE. (0) voted NAY . MOTION CARRIED .
Al derman St r oud commented on the amount of calls handled on a daily
basis by the Pol i ce Department . Chief Hibbs confirmed that 8 9
cal l s per d ay would be an average.
I n response to a quest i on from Alderman Howard , Chief Hibbs re l ated
t hat J a cki e Harper the Juve n i l e officer is retir i ng .
It was then noted that Ba ttalion Chi ef Bi ll P lunk i s also ret iring
from the Fire Department .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT : a. Request to Accept Bid for Track Excavator
8
CITY OF JACKSONVILLE
OOO O:i ?
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7 :00 P .M. - 7 :55 P.M .
Director of Administration Murice Green stated that the
recommendation is for the low bid, pointing out that the Street
Depa r tment has the same piece of equipment now, which is
approximately 9 years old.
Alderman Ray moved, seconded by Alderman Wilson to accept the bid
from Rushing & Mason in the amount of $61 ,241 .86 wi t h funds to be
drawn from Budgeted Equipment Funds . MOTION CARRIED.
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL : b . ORDINANCE 1154 (#8-01)
AN ORDINANCE .AMENDING JACKSONVILLE MUNICIPAL CODE § § 8 . 04. , 8 . 08. ,
8 .24 ., 8 .26 , 12 .28., 18.38 ., AND 18 .39 ., AND, FOR OTHER PURPOSES .
Alderman Stroud addressed the Ordinance saying that it had not
changed much from the l ast presentation and pointed out that the
executive summary detailed the provisions. He stated that he would
appreciate a good vote .
Alderman Fletcher moved , seconded by Alderman Smith that Ordinance
1154 be placed on FIRST READING . ROLL CALL: Al dermen Elliott ,
Smith , Lewis , Sansing , Ray , Wilson , Fletcher , Stroud, and Howard
voted AYE. NAY (0). Motion received nine (9 ) affirmative votes, (0)
negative votes. MOTION CARRIED. Whereupon , City Attorney Bamburg
read the Ordinance .
Alde r ma n Ray moved , seconded by Al derma n Stroud to dispense with
the reading of Ordinance 1154 in its entirety. ROLL CAL L: Aldermen
E l liott , Smith, Lewis, Sansing, Ray , Wi lson, Fletcher , Stroud , and
Howard voted AYE. NAY (0). Motion received n ine (9) affirmative
v otes, (0) negative votes . MOTION CARRIED .
Alderman Wilson mo ved , seconded
Ordinance 11 54 on FIRST READING .
by Alderman Ray to approve
ROLL CALL: Aldermen Elliott ,
Smith , Lewis , Sansing , Ray, Wilson , Fletcher ,
voted AYE. NAY (0). Motion received nine (9)
(0) negative votes . MOTION CARRIED .
Stroud , and Howard
affirmative votes,
Al derman Fletcher moved , seconded by Alderman Stroud to suspend the
rules and place Ordinance 1154 on SECOND READING . ROLL CALL:
Aldermen El l iott , Smith , Lewis , Sansing , Ray , Wilson , Fletche r ,
Stroud, and Howard voted AYE . NAY (0). Motion rece i ved nine (9 )
affirmative votes, (0) negat i v e votes . MOTION CARRIED .
9
000058 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P .M. - 7 :55 P.M.
Alderman Ray related praise for the Ordinance and was encouraged by
the constituents to vote in favor of the Ordinance.
Alderman Fletcher expressed support of the legislation , but poin ted.
out the need to be responsive t o situati ons invo lving the olde r
population who may need outside help to meet code compliance.
City Enginee r Whisker stated that he had referred one elderl y lady
to CDBG fo r assis tance, and suggested that any groups wil l ing to
volunteer n eed to contact CDBG.
Alderman Fl e tcher moved , seconded by Alderman Stroud to further
suspend t he rules and p l ace Ordinance 1154 on THIRD AND FINAl.
READING. ROLL CALL: Aldermen Elliott, Smith, Lewis, Sans i ng , Ray ,
Wilson , F letcher , Stroud , and Howard voted AYE. NAY (0). Motion
received nine (9) affirmative votes, (0) negative votes . MOTION
CARRIED .
Alderman Fletche r moved , seconded by Alderman Ray to APPROVE AN[)
ADOPT Ordinance 1154 . ROLL CALL : Aldermen Elliott , Smith, Lewis,
Sansing , Ray , Wilson , Fletcher , Stroud, and Howa r d voted AYE . NAY
(0). Motion received nine (9) affirmative votes, (0) negativE~
votes . MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1154 THIS THE 21st DAY OJ?
JUNE 2001.
c. ORDINANCE 1155 (#9-01)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL
ESTABLISHING THE OPERATION OF A JACKSONVILLE
DECI.ARING AN EMERGENCY; AND, FOR OTHER PURPOSES .
CODE § 5.50,
FARMERS MARKET,
Alderman Stroud stated th a t the commi ttee i s presenting this as
separate o rdinan ces . He related the need to discourage mer c ha nts
from selling product p rior to holidays. He related that the
farmers market is being presented separately and growth is
encouraged. He related the need to furni sh a place, adding that he
f eels the market will grow each year .
Alderman Ray moved , seconded by Alderman Smith that Ord inance 11 55
be p laced on FIRST READING . ROLL CALL: Alde rmen Elliott , Sm i th ,
Lewis, Sansing , Ray , Wilson, Fletcher, Stroud, and Howard voted
AYE. NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED . Whereupon, City Attorney Bamburg
read th e Or d inance .
10
000059
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7 :00 P.M . - 7 :55 P .M.
Alderman Ray moved , seconded by Alderman Smith to dispense with the
r eading of Ordinance 1 1 55 in its entirety except for designated
highl i ghts b y the City Attorney . RO LL CALL : Al dermen Elliott ,
Smi t h , Lew i s , San sing , Ray , Wilson , Fletcher, Stroud , and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes . MOTION CARRIED. City Attorney Bamb u rg
revi ewed the l ocation , restrictions and rules f or operat i on.
Alde r man Stroud moved , seconded by Al derman Wilson to approve
Or dinance 1155 on FIRST READING . ROLL CALL: Aldermen Elliott ,
Smith , Lewis , Sans i ng, Ray , Wilson, Fletcher , Stroud , and Howa r d
voted AYE . NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Lewis to suspend the
rules and plac e Ordinance 1155 on SECOND READING. ROLL CALL:
Aldermen E lliott , Smi t h , Lew i s , Sans i ng , Ray , Wi lson , F l etcher ,
Stroud , and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson to furt her suspend
the ru l es and place Ordinance 1155 on THIRD AND FINAL READING . ROLL
CALL : Aldermen Elliott , Sm i th, Lewis , Sansing , Ray , Wi lson ,
Fletcher , Strou d , and Howard voted AYE . NAY (0). Motion received
nine (9) affirmative votes, (0) negative votes. MOTION CARRIED .
Alderman Ray moved , seconded by Alderman Wi l son to APPROVE AND
ADOPT Ordi n a n ce 11 55 . RO LL CA LL: Aldermen Elliott , Smith , Lewis ,
Sansing , Ray , Wilson , Fletcher , Stroud , and Howard voted AYE . NAY
( 0) • Motion received nine (9) affirmative votes, (0) negative
votes . MOTION CARRIED .
Alderman Ray moved , seconded by Al derman Wilson t hat the EMERGENCY
CLAUSE be approved and adopted . ROLL CAL L: Alde rmen Elliott ,
Smith , Lewis , S ans ing , Ray , Wilson , Fletcher , Stroud, and Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes . MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1155 THIS THE 21st DAY OF
JUNE 2001.
d. ORDINANCE 1156 (#10-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 5 .16; MODIFYING
RULES AND REGULATIONS FOR ITINERANT MERCHANTS AND VENDORS IN THE
CITY OF JACKSONVILLE; DECLARING AN EMERGENCY; AND , FOR OTHER
PURPOSES.
11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 21, 2001
7:00 P .M. -7:55 P.M .
City Attorney Bamburg related that the ordinance is presented as a
draft, asking to postpone final approval . He then explained that
there are some areas that could be handled more stringently if
desired by the Ci ty Council . He stated that i n completing the
research it appears that courts are upholding particular
limitations for particular purposes regarding regula tion or
restriction. He asked that the Committee meet to discuss those
opt i ons. He noted that total elimination of itinerate merchants is
a constitutional issue . He explained that restrictions in the
ordinance ar e designed to address public concerns regarding a re as
and hours of operation , setting design and aesthetic controls a5:
well as banning sales at certain times and/or certain merchandise.
In r esponse to a question from Alderman Wilson , City Attorney
Bamburg stated that fees must be reasonable and be similar to the
existing privi lege tax system . He then pointed out that the
ordinance not only requires a privilege tax of $25 .00 but also
requires $25 .00 per day, per solicitor fee.
Alderman Wil son asked that the committee review fees , suggestinq
that while fees should be reasonable they need t o be higher than
fees charged to local business .
Alderman Stroud pointed out that section c of the ordinance a llows
a company who has a privilege tax with another city t o forgo
purchasing one from t he City of Jacksonville . He stated that he
felt the stipulation should be removed and then r equested that the
fee of $25 .00 per day be rai sed to $50 .00 per person , per day .
Consensus was that the committee meet to discuss t hose issues .
Alderman Wilson moved, seconded by Alderman Ray to table the item
of business until the committee returns with further
recommendations. MOTION CARRIED .
ANNOUNCEMENTS: City Hall will be closed July 4th Independence Day.
ADJOURNMENT:
Vice Mayor Twitty without objection adjourned the meeting at
approximately 7:55 p.m.
12
BID NUMBER : JAX 01-017
...
Cl ~. ,...;ONVJLLE
BID TABULATION SHEET
DEPT.:Street DATE: 6/7/01 TIME:9:00AM TABUlATEDBY:AB
. Trak-Scott Rushing & Clark
~:(<~:~
OPENED BY: SLD
TRACK 'EXCAVATOR San Constructioi Mason Machinery
ITEM UNIT UNIT UNIT UNrT UNIT UNIT UNIT
NO. QTY. DESCRIPTION PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT PRICE AMOUNT
Track Excavator 67,38l 65,10( 61,241.86 74,951.
JCB J2 70 Kobel o Kobelco Link elt
70SR 70SR 1600Q
I I I I I
I i I !
I I I I .
.
I
ro ToTAL PRICE: 1~i'~'M'' MiMi '("~,,~~~i '''i'~M~~ §''iS#'~' 'ii"iH -''"'i*B'~ ~ TERMS: 0 ~-.-RECOMMENDED BIDDER: 5=-'
~
oooooz
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JULY 5 , 2001 7:00 P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
{Animal Control}
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT :
11 . PARKS & REG DEPT:
12. PLANNING COMMISSION:
13 . GENERAL: a .
b.
14 . APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
Regular City Council Meeting
June 21, 2001
Regular City Council Meeting
June 7, 2001
Regular Monthly Report/June
Director of Pub lic Works Jimmy Oakley
FINAL PLAT: Fair Oaks Subdivision PH II
PRESENTATION OF 2000 AUDIT
Funding Request For School Study
JACKSONVILLE PLANN ING COMMISSION :
Appointment of Susan Dollar to fill unexpired
term of Dean Wilborn -to expire 1/1/2003
Celebration of the Removal of One Cent
Sales Tax 6:30P.M. July 5, 2001 at
City Hall prior to City Council Meeting
-
CITY OF JACKSONVILLE QQQ O J)3
REGULAR CITY COUNCIL MEETING
JULY 5, 2001
7 :00 P.M . - 7 :33 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci ty of Jacksonville, Arkansas met i n
Regular Session on Jul y 5 , 2001 at the regul ar meeting place of the
Council. Alderman Ray delivered the i nvocation and Mayor Swaim led
a s tan ding audience i n the "Pledge of Al l eg i ance" to the flag .
ROLL CALL : Al dermen : El l iott , Smith , Lewis , Ray , Wilson , Fletcher ,
Stroud , Twitty and Howard answered rol l call. Mayo r Swaim a l so
answered ROLL CAL L decla r ing a quorum. Alde r man Sansing was absent.
PR ESE NT n i ne (9), ABSENT (1 ).
Others pres ent fo r the mee t ing were : Deputy City Clerk Melanie
Gr een, Director of Adm i nistration Mur i ce Green , Director of Public
Wor k s Jimmy Oakley , Finance Accountan t Ch eryl Erkel , Purchasing
Agent June Brown , CDBG Di rector The r esa Wa tson , Po lice Chief Hibb s,
Fire Chief Vanderhoof , Parks and Recreation Director George Biggs ,
P a rks Assistant Admi nistra t o r Patt y Walker , Athle t ic/Fitness
Ma nager Paul Rect or , Mr . Mac McAllister , Mrs . Pat Bond, Mrs . Judy
Swaim, Mr s . He l en Stroud , Mr s . DeDe Hibbs , Mrs. Len dy Lewis , Mrs.
Addie Gibson , and i nterested citizens .
One-Cent Sales Tax:
Mayor Swa i m stated that h e is p l eased to announce that t he one-cent
sales tax ended Ju l y 1 st a s promised and shoul d no l onge r be charged
by local merchants .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of June 2 1, 200 1 for approval and/or correction at t h e next
Regular Ci ty Council Mee t ing .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Lewis that the minutes
of the Regular City Council Meeting of 7 June 2001 be APPROVED .
MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Lewis to APPROVE the
monthly Animal Control Report for June 2001. Report reflects the
following:
CONTRIBUTIONS................................. $
ADOPTIONS/FINES........................... $
TOTAL ......................................................... $
1
0 .00
248.50
248.50
OOOOS4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2001
7 :00 P.M . -7 :33 P .M.
ROLL CALL : Alderman Elliott, Smith, Lewis, Ray, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION
CARRIED .
Mayor Swaim related that a regular monthly report f r om Code
Enforcement wil l be submitted as part of the Consent Agenda.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION : FINAL PLAT Fair Oaks Subdivision PH II
Mayor Swaim related that the property is a f i ve -lot culdesac
adjacent t o Phase I off West Main Street.
Alderman Wilson moved, seconded by Alderman Elliott to approve thE ~
Final Plat of Fair Oaks Subdivision PH II.
It was no t ed that the bill of assurance supports the same square
footage requirement of Fair Oaks Phase I.
Alderman Stroud expressed "lack of planning" conce r ns regarding the
subdivision. He stated that while it is platt ed lega lly, it is in
the flood plain but techn ically fits the subdivi s i on r equiremen ts .
He related that it is an example o f why the City needs bette:c
planning by the Planning Commission and more forward minded
planning for the City as a whole.
In response to a quest i on posed by Alderman Howard, Mr. Tommy Bond
related t hat the street proposed as Anna Cove has been changed to
Jess i ca Court.
At this time , MOTION CARRIED.
GENERAL : a. 2000 AUDIT PRESENTATION (CAFR)
Mayor Swaim comp limented t h e Fi nance Department for the qua lity
presentation of the Audit rega r ding layout and graphics . He
related that it was prepared on a n ew printer p u rchased for City
Hall.
Mr . Mac McAllister of McAllister and Associa t es stated t h at he is
pleased to present the year 2000 Comprehensive Annual Financial
Re port . He stated t h at this is the 4th year t h at t h e City of
Jacksonville has published the report . He pointed out that the
2
000035
CITY OF J ACKSONVIL LE
REGULAR CITY COUNCIL MEETING
JULY 5 , 2 001
7:00 P .M. - 7 :3 3 P .M.
Government Finance Officers Association of the United States and
Canada has awarded its certificate of achievement in excellence in
Financial Reporting to the City of Jacksonville for its
comprehensive report for the year ending December 31, 1999. He
said tha t the certificate of achievement is the highest form of
recognition f or excellence in lo cal government financial reporting
and that this was the third consecutive year that the City of
Jacksonville has received such a prestigious award. He stated that
the City of Jacksonville is to be recognized and commended for that
accomplishment.
He then stated tha t the report is divi ded into four major sections.
He pointed out that the introduction describes the City , its
o r ganization , its principal officials and the scope of the services
provided . He added that the most important part of the
introduction section is t he transmittal letter from the Mayor and
Finance Director, saying that in the transmittal letter you will
find a discussion of the local economy and its impact on the City,
major initiatives, service efforts and accomplishments during the
last physical year . He stated t hat the financial overview
discusses and summarizes the physical affairs of the City in clear
and understandab l e terms. He then stated that secondly is the
Financial Section that contains the auditors report , opinion and
general purpose combining i ndividual fund balance statements. He
stated that the third section of the CAFR is the statistical
section , which provides the reader with supplementary data and
trends over an extended period of time usually ten-years and
finally the report contains a single audit section that includes a
schedule of federa l and state financial assistance and the auditors
opinion on internal control and compliance .
He pointed out that operating revenue in the year 2000 was 17.3
mi llion , which is an increa se of approximately 4.6% over the 1999
revenues. He said that revenues from the City share of the Pulaski
County One-Cent Sales Tax was 5 .1 million and from the City's 2%
Sales Tax slightly over 5 .4 million dollars , adding that together
these Sa l es Taxes constitute approximate l y 61% of t o tal revenues.
He related the State Tax Turnback and u t ility franchise fees
contri buted 12% and 6% respectively. Pointing out that total
operating capital expenditures in 2000 were 13 .5 mill ion an
increase from 1 2.3 million in 1999. He stated that personnel costs
are the City's l argest expense at approximately 8 mil l ion or 60% of
the total expendit ures , adding that the Police and F ire Departments
expenditures were 25% and 21 % respectively of total general fund
expenditures. He stated that rev enues exceeded expenditures in the
Ci ty 's operating capital project f u nd by approximately 3.8 million
dollars, thereby increasing the fund ba l ances to 13. 3 million
dollars at the end o f 2000. He stated that it should be noted
3
0000.06 CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEET I NG
JUL Y 5 , 2 001
7 :00 P .M. -7:33 P.M.
of that amount approximately 10 mill i on dollars was reserved/or
designated for future projects or the year 2001 budget. He stated
that the fund balance of t he General Fund at December 31, 2000 was
approximately 1 .7 mi l lion , which represents approx i mately 61 days
of current operating expenditures.
He then related that the auditors report expresses an unqualifieo
opinion on the General Purpose Financial Statements of the City,
adding that there were no reportable conditions on internal control
or material instances of non-compliance with laws and regulations
relating to t he audit of the financial statements. He pointed out.
that there is one audit finding and questioned cost relative to a
federal grant award program for the year 2000, adding that a
management l etter was issued. He stated that overall the year 2000
was another exceptionally good and successful year for the City.
He pointed out that good budgetary controls contributed to
effective costs containment and that the City continues t o fulfill
its financial responsibility in a conservative "pay as you go"
manner, making the most of resources available. He stated that the
City 's administration has long been recognized for its leadership
in financia l management and continues to do so .
He stated that the City's Annual Report has been submitted to the
Government Finance Officers Association of the United States and
will be in consideration for a 4 t h certificate of excellence award.
He related that currently only seven cities in Arkansas are
recipients of the award and it is believed that Jacksonvil l e's 2000
CAFR meets all requirements for the award. He stated that special
recognition should go to the Finance Department and Dire ctor for
publishing a quality annual financial report. He expressed his
appreciation for the opportun ity to conduct the audit.
He then reviewed the letter of recommendations stating that all
r ecommenda tions have been completed with the exception of opening a
new checking account for separation , which will need approval from
the Council.
b. FUNDING REQUEST FOR S CHOOL STUDY
Mayor Swaim related that after many attempts the Bill Mrs . Pat Bond
proposed in the legislature was passed , which wou l d allow for the
oppo rtunity to start a separate schoo l district if it met
regulat ions . He rela ted that one regulation was a feas ibility
study , adding that there have been ef for ts to obtain donations and
the ite m was placed on the agenda to approve funding if needed . He
then related that he is pleased to announce that because of the
interest in the feasibi li ty study , t here are pledges for enough
money to cover the study , so at this time there will n ot be a
request for additional funding.
4
CITY OF JACKSONVILLE OOO OS 7
REGULAR CITY COUNCIL MEETING
JULY 5, 2001
7:00 P .M. -7 :33 P.M.
He added there will be other expenses through the process, and
encouraged those that wish to get involved to make a contribution
t h at would help toward the comp l etion of the project . He stressed
that there is no g u arantee regarding a separate school district but
this is an opportunity to explore the possibilities for the
Jacksonville area not just the Jacksonville City l imits. He stated
that th e donations have been encouraging and that most donors have
asked to r e main anonymous.
APPOINTMENTS: JACKSONVILLE PLANNING COMMISSION
Mayor Swaim re l ated that Susan
who also works for Metroplan,
knowledge of planning and feels
Commission.
Dollar is a Jacksonville resident
saying that she has a def i nite
she wi ll be a good addi tion to the
Alderman Wilson moved, seconded by Alderman Stroud to appoint Susan
Dollar to fill the unexpired term of Dean Wilborn to expire
01/01/2003. MOTION CARRIED .
DEVIATION IN AGENDA :
Request to accept Electronic Sign Bid
Alderman Elliott moved, seconded by Alderman Smith to suspend the
rules and place the Electronic Sign Bid on the Agenda . MOTION
CARRIED .
Director of Administration Murice Green stated tha t the low bid for
the Wedge Base sign met with specifications, adding that the
specifications for LED Base did not meet with specificati on . He
stated tha t locat i on has been a factor regarding the decis ion to
purchase a one or two-sided sign. He stated that the improvement
was budgeted for $30,000.
Mayor Swaim stated that location is the deciding factor r egarding
the need for a two-si de sign. He related an option regarding
maximum vis i bil i ty from the freeway being the reason the request is
for approval o f a t wo -sided sign.
Alderman Stroud moved, seconded by Alderman Lewis to accept the bid
of 29,775.00 for a two-sided sign funded from Capital Improvements.
In response to a question posed by Al derman Smith, Mayor Swaim
re lated that the primary purpose of the sign will be to expose the
public to events regarding the Parks and Recreat i o n Department, but
that it will also be used t o gain exposure for other Ci ty
activit ies and announcements. He stated that the bid does not
include the wiring aspects of the project .
5
oooo ;;s CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5, 2001
7 :00 P.M. -7:33 P.M.
Mr. Green related that the bid includes 300 -feet of fiber opt ic
cable but not the installation, labor or pedestal. He then pointed
out that it would require a computer setup possibly located at City
Ha ll and is inc l uded in the bid .
At this time, MOTION CARRIED.
RESUME AGENDA:
ANNOUNCEMENTS : DALE CARNEGIE REPORTING AWARD
Mayor Swaim related that the City takes advantage of the Dale
Carnegie courses offered, add ing that Mr. Biggs recently attended
and won a reporting award. He presented the award and pointed out
that students in the class nom i nate and vote the award recipient.
REALIGNMENT OF HOUSING AND SENATE DISTRICTS
Alderman Wilson stated that preliminary district realignment
information has caused a great deal of concern regarding the
proposal to have Jacksonville in a senate distri ct with Searcy. HE~
stated that the criterion used to realign the distric t s was to
avoid having two incumbent senators in the same district. He
related that it was not a consideration present when the founding
fathers created the democracy and that he felt it would be
appropriate to have a Resolution for the next City Council meetinq
to forward to the Governor, Secretary o f State and Attorney General
who are charged with creating the new districts. He then reported
that there are p roposed changes in the House of Representatives
that are not in the best interest of t he Jacksonville Community.
He asked that the City Attorney prepare a Resolution conveying the
feelings of the Council regarding the realignment .
Mayor Swaim related that he, Mrs. Bond, and the Mayor of Sherwood
would be meeting with the Attorney General tomorrow to discuss the
realignment . He pointed out that the present proposal would split
Jacksonville into two separate areas, one would be attached to
North Little Rock and the other would go around Lonoke County and
attach to White County . He stated that this would put Jacksonville
in not only White County but a l so other adjoining Counties as the
senatorial district . He stated that it is a matter of cities of
like need, like interest and location; addi ng that it is not a
comfortable proposit i on to have Jacksonville put in a position of
almost always having a senator from White County and North Little
Rock but not one from Jacksonville. He stated that it is unfair to
the citizens of Jacksonvi lle regarding local representation. He
stated that there will also be a meeting at 10:00 a .m. o n July 24th
at ASU Beebe and en couraged the Council members and citizens
availabl e to attend .
6
000069
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 5, 2001
7 :00 P.M . - 7 :33 P.M .
In response to a question from Mayor Swaim, Mrs. Pat Bond related
that the House Distri ct for the City of Jacksonvi l le does include
the Air Ba se and Vertac but stops short of Pennpointe . She stated
that it continues across Marshal l Road when be f ore it did not , but
does not go as far north in the County as it did.
In r esponse to a question posed by Alderman Ray, Mrs . Bond related
that the House District s t o ps at the County line a nd that it may
n ot go to Valentin e Road. She stated t h at the District is more
compact than before .
Mayor Swaim r elated that he has contacted the offices charged with
the realignment of the di s tricts and registered concerns along with
many othe r s . He encourag ed others to contact the Governors Office ,
S ecr eta ry o f S tate , and Attorney General to register stron g
fee lings r e ga r ding the realignmen t.
Concerns we r e raised regarding implementat ion of the
ord i nance and the awareness of possible violators
legislation has passed .
clean-up
that th e
Mr . Green related that the new Code Enforcement Officer has already
begun issuing letters for compliance .
Mayor Swa im poi nted out that many citizens who h ave received
l etters have begun to complain to his office. Explaining that it
will take time for the c i t i zens to become accustom t o the new
process .
ADJOURNMENT:
Mayor Swaim without objection
approximately 7:33p.m.
Respectful ly ,
Susan
City Clerk-T r as u rer
7
adjourned the meeting at
0
r~
0
0
0
0
\..VJ
BID #: JAXO I-018 DEPT : CITY HALL
BID TABULATION SHEET
DATE : 6/29/01 TIME: 9:00A.M.
VENDOR: HUGH FRANKLIN
ITEM#: QTY: UNIT: DESCRIPTION: AMOUNT:
ELECTRONIC MESSAGE BOARD
WEDGE BASE
1 1 EA. ONE SIDED BOARD NO BID
2 1 EA. TWO SIDED BOARD NO BID
LED
3 1 EA. ONE SIDED ONE COLOR BOARD $ 22,270.95
4 1 EA. TWO SIDED ONE COLOR BOARD $ 38,616.00
5 1 EA. ONE SIDED TRI-COLOR BOARD $ 26,642.38
6 1 EA. TWO SIDED TRI·COLOR BOARD $ 47,359.21
TERMS: 3 %10
WARRANTY (PARTS & LABOR): 1 YEAR
DELIVERY DATE: 95 DAYS
RECOMMENDED BIDDER: WES BYRD
WES BYRD
AMOUNT:
$ 24,135.00 $
$ 29,775.00 $
NO BID $
NO BID $
NO BID
NO BID
NET 30
1 YEAR
65 DAYS
TABULATED BY: CJB
OPENED BY: SD
RAINEY ELECTRONICS I
AMOUNT:
29,725.00
36,800.00
34,075.00
42,775.00
NO BID
NO B I D
I
!
I
NET30 I
3 YEARS .
60 DAYS
j
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JULY 19, 2001 7 :00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Code Enforcement)
6 . WATER DEPARTMENT:
Regular City Council Meeting
July 5 , 2001
Regular C ity Council Meeting
June 21, 2001
Regular Monthly Report/June
Police Chief H ibbs
Regular Monthly Report/June
Fire Chief Vanderhoof
Regular Monthly Report/June
City Engineer Jay Whisker
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT:
12 . PLANNING COMM ISS ION :
13. GENERAL :
Public Hearing 7 :00p.m .
a . ORDINANCE 1156 (#10-01):
Close and Vacate a portio n
of Hickory Street
b . ORDINANCE 1157 (#11-01):
Condemnation of property
located at 51 0 Ray Road
000071
0 00072
City Council Agenda continued
July 19, 2001
GENERAL continued
14. APPOINTMENTS :
15. ANNOUNCEMENTS :
ADJOURNMENT
c. RESOLUTION 552 (#12-01 ):
Setting a Public Hearing Abandoning an
Easement located on Lots 13 & 14
of Marshall Road Industrial Park
d . RESOLUTION 553 (#13-01 ):
a.
Expressing Opposition to Realignment
of Senate and House Districts
Jacksonville Water Commission:
Appointment of Jack Danielson to fill
the unexpired term of John Davis
term to expire 4/20/2006
b. Jacksonville Hospital Commission:
Reappointment of Bill Gwatney
for a term to expire 6/30/2006
000073
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19, 2001
7 :00 P.M. - 7 :29 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvi lle, Arkansas met in Regular
Session o n June 21, 200 1 at the regular meeting place of the Council.
Alderman Ray delivered t he invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiancen to the f lag .
ROLL CALL : Aldermen : Elliott, Smith , Sansing, Ray , Wilson, Fletcher ,
Twitty and Howard answered ro l l call. Mayor Swaim also answered ROLL
CALL declaring a quorum. PRESENT eight (8), ABSEN T (2).
Others present for the meeting were: City Attorney Robert E. Bamburg,
Deputy City Cle rk Melanie Green , Director of Adm ini stration Mu rice
Green, City Engineer Jay Whisker , Public Works Director Jimmy Oakley,
Finan ce Director Paul Mushrush , Police Ch ief Hibbs , Fire Chief
Vanderhoof , Par ks and Recreation Dire ctor George Biggs, Parks
Assistant Administrator Patty Wa l ker, Justice of the Peace Mr . Dennis
Sobba, Mrs. Edith Smith , Mrs. DeDe Hibbs, Mrs. Addie Gibson ,
interested citizens and members of the press.
ANNOUNCEMENT :
Justice of the Peace Mr . Dennis Sobba announced that t here will be
tour of the Pul aski County Jail Facility Monday, July 23 , 200 1, at
1 0 :0 0 a.m . He related that the tour will provide evidence of jail
co ndition s and overcrowding .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Counci l Meeting
of July 5, 2001 for approva l and/or correct ion at the next Regular
City Counc il Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of
the Regular City Council Meeting of 21 June 2001 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alder.man Elliott moved, seconded by Alder.man Ray that the Regular
Monthly Report for June be APPROVED. June Report reflects; Total
Value of Reported Stolen Property $61,562.00, Total value of
Recovered Stolen Property $18,768.00 , Total Report Sales $306.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alder.man Elliott moved, seconded by Alder.man Ray to approve the
Regular Monthly Report for June, which reflects a fire loss of
$58,000.00, and a Savings Total of $342,500.00.
1
000074 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19 , 2001
7 :00 P.M . -7:29 P.M .
REGULARLY MONTHLY REPORT/CODE ENFORCEMENT
Alder.man Elliott moved, seconded by Alderman Ray to approve the
Regular Monthly Report for June.
PERMITS/LICENSE ISSUED
Building Permits
Business License
INSPECTIONS PERFORMED
Bldg. Inspections
HVACR
Electrical
Plumbing
CONDAMNATION
54
12
54
30
62
62
Maint. Letters 15
Repairs Made 0
Demolitions 4
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Prop. Maint . Letters
Property Repairs Made
Cost for June
242
9
107
1
0
0
$840.00
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletche!r,
Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED .
In response to a question from Al derman Wilson , City Engineer Whisker
related that "Cost for June" is contract costs to the City f or m ow~ng
and cleanup regardi ng private properties, pointing out that the City
bills the proper ty owner for expenses.
Mayor Swaim pointed out that collections should increase now that the
lien is being fill ed as part of Pulaski County ta x collections.
It was noted that a third Code Enforcement Officer has been hired and
is working ful l-time and t he position will be budgeted .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION:
GENERAL: PUBLIC HEARING a. ORDINANCE 1156 (#10-01)
AN ORDINANCE VACATING AND CLOSING A PORTION OF HICKORY STRE:E:T,
JACKSONVILLE, ARKANSAS (GENERAL LOCATION: THAT PORTION OF HIC~ORY
STREET FROM EAST MAIN STREET TO THE REAR OF THE SUNNYSIDE HILL
ADDITION); AND, FOR OTHER PURPOSES .
2
CITY OF JACKSONVILLE 000075
REGULAR CITY COUNCIL MEETING
JULY 19, 2001
7:00 P .M. -7:29 P.M .
Mayor Swaim opened the public hearing at approximately 7:08 p.m. and
described the l ocation of the property in question.
With no one wishing to speak in opposition , Mayor Swaim closed the
public hearing at approx ima tely 7 :09 p.m.
Al de rman Sm i th moved, seconded by Alderman Howard t h at Ordinance 1156
be placed on FIRST READING. ROLL CALL : Aldermen Elliott , Smith,
Sansing, Ray, Wilson , Fletcher , Twitty and Howard voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes .
MOTION CARRIED. Whereupon, City Attorney Bamburg read the Ordinance.
Al derman Ray moved, seconded by Alderman Smi t h to dispense with the
reading of Ordinance 1156 in its entirety . ROLL CALL: Aldermen
Elliott, Smith, Sansing , Ray , Wilson , Fl etcher, Twitty and Howard
voted AYE. NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes . MOTION CARRIED.
Alderman Elliott moved, seconded by Alderman Ray to approve Ordinance
1156 on FIRST READING . ROLL CALL: Aldermen Elliot t, Smith , Sans ing ,
Ray, Wilson, Fletcher , Twitty and Howard voted AYE. NAY (0). Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Ray moved , seconde d by Alderman Wilson to suspend th e rules
and place Ordinance 115 6 on SECOND READING. RO LL CALL: Aldermen
Elliott , Smith , Sansing , Ray, Wilson , Fletcher, Twitty and Howard
voted AYE . NAY (0). Motion received eight (8) affirmative votes,
(0) negative votes . MOTION CARRIED.
Alderman Smith moved, seconded by Al derman Ray to further suspend t he
rules and place Ordinance 1156 on THIRD AND FINAL READING. ROLL CALL:
Aldermen Elliott, Smith, Sansing, Ray , Wi l son, Fletcher, Twitty and
Howard voted AYE . NAY (0). Motion received eight (8) affirmative
votes, (0) negative votes . MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wi lson to APPROVE AND ADOPT
Ordinance 1156. ROLL CALL: Aldermen Elliott , Smith , Sansing , Ray,
Wilson , Fletcher , Twitty and Howard voted AYE . NAY ( 0) . Motion
received eight (8) affirmative votes, (0) negative votes. MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1156 THIS THE 19 th DAY OF
JULY 2001 .
3
000076
b . ORDINANCE 1157 (#11-01)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19 , 2001
7 :00 P .M. - 7 :29 P.M.
AN ORDINANCE CONDEMNING THE STRUCTURES AND REAL PROPERTY AT THE
VARIOUS UNINHABITED LOCATIONS LISTED BELOW LOCATED WITHIN
JACKSONVILLE, ARKANSAS, FOR STRUCTURAL DEFECTS, DEFICIENCIES, AND
PUBLIC HAZARD CONDITIONS; AND , FOR OTHER PURPOSES .
Mayor Swa i m re l ated that Ordinance 1157 reflects propert i es located
at 510 Ray Road and 107 Central Avenue.
Al derman Smith moved , seconded by Alderman Sans i ng that Ord i nance
1 1 57 be placed on FIRST READING. RO LL CAL L : Aldermen El liott , Sm i t.h ,
Sans i ng , Ray , Wilson , Fl etcher , Twitty and Howard voted AYE . NAY (0).
Motion received eight (8) affirmative votes, (0) negative vote!S .
MOTION CARRIED . Whereupon , City Attorney Bamburg read the Ordinance.
Al derman Ray moved , seconded by Alde r man Smith to dispense wi th the
reading of Ordinance 11 57 i n its entirety beginn i ng at the secon d
Whereas. ROLL CALL: Al derme n Elliott , Smith , Sansin g , Ray , Wi l son,
Fletcher , Tw i tty a n d Howard voted AYE. NAY (0). Motion receiv ed
eight (8) affirmative votes, (0 ) negativ e votes . MOTION CARRIED .
Alderman Fletcher moved, seconded by Alderman Wilson to approve
Ordinan ce 1157 on FIRST READING . ROLL CALL : Aldermen El l i ott , Smit h,
Sansing, Ray , Wilson , Fl etcher , Twitty and Howard voted AYE . NAY (0).
Motion received eig ht (8 ) affirmative votes , (0) negative votE~s.
MOTION CARRIED .
Alderman Elliott moved, seconded by Al derman Sm i th to s u spend t h e
rules and place Ordinance 1157 on SECOND READING. RO LL CALL : Alderrnen
Elliott , Smith , Sansing, Ray , Wilson , Fl etcher , Tw i tty and Howard
voted AYE . NAY (0). Motion received eight (8) affirmative vobas,
(0) negative votes. MOTION CARRIED .
Al d e rman Fletch er mo v ed , s econ ded by Alderman Wi l son to f urther
suspend the rules and place Ordinance 1157 on THIRD AND FINAL
READING. ROLL CALL : Aldermen Elliott , Smith , Sansing , Ray , Wilson ,
Fletcher, Twitty and Howard voted AYE . NAY ( 0) . Motion recei•ITed
eight (8) affirmative votes, (0) negative votes. MOTION CARRIED .
Al derman Sansing moved , seconded by Alderman Ray to APPROVE AND ADOPT
Or dinan ce 1 157 . RO LL CA LL: Alderme n Elliot t, Sm i th , Sansing, Ray ,
Wi lson, F l etcher, Twitty and Howard voted AYE. NAY ( 0) . Motion
received eight (8) affirmat ive votes, (0) negative votes. MOTION
CARRIED .
4
000077
CITY OF J ACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 1 9 , 2 001
7:00 P .M. -7:29 P.M .
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1157 THIS THE 19 th DAY OF
JULY 2001.
c . RESOLUTION 552 (#12-01)
A RESOLUTION SETTING A PUB LIC HEARING TO ADDRESS THE ISSUE OF
ABANDONING AN OLDER PUBLIC RIGHT-OF-WAY EASEMENT ON LOTS 13 AND 14 OF
THE MARSHALL ROAD INDUSTRIAL PARK , JACKSONVILLE , ARKANSAS (GENERAL
LOCATION: LOTS 13 AND 1 4 MARSHALL ROAD INDUSTRIAL PARK ); AND, FO R
OTHER PURPOSES .
Director of Administrati o n Murice Green re l ated that there is no
objection from Water Department Superintendent Mr . Anderson and that
al l the lines have been relocated.
Alderman Ray moved , seconded by Alderman Smith to read Resoluti on 552
(#12-01). MOTION CARRIED .
City Attorney Bamburg explained that the Water Commiss i on had
abandoned the right -of-way and moved the lines some time ago , but had
not formally abandoned the easement. He stated t hat the new property
owner cannot obtain financing to build until the easement is closed.
Alderman Ray moved, seconded by Alderman Wilson to dispense with the
reading of Resolution 552 (#12-01) in its entirety. MOTION CARRIED .
Al derman Fletcher moved,
Resolution 552 (#12-01) .
seconded by Alderman Wilson to Approve
MOTION CARRIED.
It was noted that the public hear i ng will be held at the regularly
scheduled City Counci l Meeting of August 16 , 2001.
d. RESOLUT I ON 553 (#13-01 )
A RESOLUTION OPPOSING THE PROPOSED STATE SENATE REDISTRICTING PLAN ;
AND, FOR OTHER PURPOSES .
Alderman Wi l son related t h at Senate District 29 covers the majority
of Jacksonville , adding that the portion that inc l uded White County
has now been modified. He stated a concern that approximately 12
thousand of the population of Jacksonville wou l d now be in Senate
District 34, which goes south of Jacksonville through Rose City into
Little Rock . He re l ated that the proposed redistricting spl i ts
Jacksonvi lle's population into one of approximately 40% and the other
60%, addin g t hat the split effectively inhibits the opportunity for
t he City of Jacksonville to have representation in the Senate . He
related on-go i ng efforts in working with the Governor Secretary of
State , Attorney General and r epr es entatives to correct the situat i on .
5
000078
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 19, 2001
7 :00 P.M. - 7 :29 P .M.
He related that a public meeting will be held Tuesday, 1 0:00 a.m. a t
ASU Beebe. He stressed the importance o f attendance regarding
oppos ition to the fragmentation of the Jacksonvil le community to
those are charged with drawing the boundary lines. He conclud ed in
saying that the proposal places a significant port i on of the
Jacksonvi ll e commun i ty in a district of little commonal i ty with the
Ci ty of Jacksonville.
Mayor Swa im re lated previously meeting with the Attorney General , who
had promised to work on the representation concerns fac i ng Ci ty of
Jacksonvi lle. He encouraged involvement fo r a proper solution.
In response to a quest i on posed by Alderman Howard , Mayor Swa i m
rela t ed that the boundary has been moved further north than Ma i n
Street . He then related that approximately 11 thousand from tt.at
area have been redistricted to the North Little Rock . He stated that
the S earcy situat ion has been eliminated, but added that the current
proposal would still separate senate districts fo r Jacksonville.
Alderman Elliott moved, seconded by Alderman Wilson to rE!ad
Resolution 553 (#13-01). MOTION CARRIED. Whereupon City Attorney
Bamburg read Resolution 555 in its entirety.
Alderman Fletcher moved,
Resolution 553 (#13 -01) .
seconded by Alderman Wilson to Appre>ve
MOTION CARRIED.
APPOINTMENTS : JACKSONVILLE WATER COMMISSION
Alderman Smith moved, seconded by Alderman Howard to approve 1:.he
appointment of Jack Danielson to fill the unexpired term of J<>hn
Davis to expire 04/20/2006. MOTION CARRIED.
JACKSONVILLE HOSPITAL COMMISSION
Alderman Wilson moved, seconded by Alderman Ray to approve t :he
appointment of Bill Gwatney for a term to expire 06/30/2006 . MOTION
CARRIED .
TAX RATES:
Alderman Wilson stated that he would be interested in a sales tax
comparison for the Ci ty of Sherwood , Cabot , North Little Rock
regarding various taxes for the purpose of comparison.
Mayor Swaim pointed out that it is d i fficu lt to compare overal l taxes
regarding sales tax and propert y tax assessed . He re l a t ed that the
City of J acksonvil l e and Sherwood do not have a 5 mills property tax ,
but North L i ttle Rock , Little Rock and Cabot do h ave a millage on
real prope r ty. He suggested a possible compar i son by total number
6
000079
CITY OF JACKSONVILLE
REGULAR CITY COUNC IL MEETING
JULY 19, 2001
7:00 P .M. -7:29 P.M.
o f dollars collected per c a pita, adding that it is important for the
citizens to understand that taxes for the City of J a cksonville are
lower than surrounding cities. He p ointed out that the Ci ty of
Jacksonvil l e does not institute a prepared f ood or hotel/motel tax,
which makes a big difference.
Alderman Wilson expressed inte r est in the millage tax co llect ed by
different cities.
ANNOUNCEMENTS:
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approx~ately
7:29p .m.
Respectfully,
~-. , w~ ...
MAYOR TO SWAIM
7
ooo oso City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
AUGUST 2, 2001 7:00P.M .
1. OPENING PRAYER :
2. ROLL CALL:
3. PRESENTATION OF
MINUTES :
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA :
6. WATER DEPARTMENT:
Regular City Counci l Meeting
July 19, 2001
Regular City Counci l Meeting
July 5, 2001
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9. POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11. PARKS & REC DEPT:
12 . PLANNING COMMISSION :
13 . GENERAL:
14 . APPOINTMENTS :
a.
REQUEST TO ACCEPT BID :
Street Striping
(Mayor Swaim)
ORDINANCE 1158 (#12-01)
Designating the effective date
of Ordinances (Mayor Swaim)
b . Update on Capital Projects
Presented by Murice Green
(Mayor Swaim)
15. ANNOUNCEMENTS: Annexation Public Hearing
August 13, 2001 , 6:00 p.m. at City Hall
ADJOURNMENT
oooo:g1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2001
7:00 P.M . - 7 :44 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Counc il of the City of Jacksonville , Arkansas met in
Regular Session on August 2 , 2001 at the regular meeting place of
the Co u nc i l. Al derman Lewis de l ivered the invocation a n d Mayor
Swaim l ed a s t and i ng audien ce i n the "Pledge o f Allegiance " to the
flag .
ROLL CALL: Alde rme n: Elliott , Smith , Lewis , Sansing , Ray , Stroud , and
How a rd a n swered . Mayor Swa i m a l so answe r ed ROLL CALL declaring a
quorum . PRESENT seven (7), ABSENT (3).
Others present for the meeting were : City Attorney Robert E .
Bamburg , Deputy City Cl erk Me l anie Green , Director of
Administrat i o n Murice Gr een, Ci ty En gineer J ay Whisker , Public
Works Director J i mmy Oakl ey , Finance Director Paul Mushrush ,
Purchasi ng Agent June Brown , CDBG Director Teresa Watson , Po l ice
Chief Hibbs , Fire Chief Vanderhoof , Parks a n d Recreation Direc t or
George Biggs , Par k s Assistant Administ r ator Patty Walker , Mrs. Judy
Swa i m, Crys t al Swaim , Mrs. Edit h Smith , Mrs. Helen Stroud , Mrs.
DeDe Hibbs , Mrs. Lendy Lewis, Mrs . Addie Gi bson , Jacksonville
Pa t riot Reporter Peggy Koury , Leader Reporter Rebecca Kron and
interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regul ar City Counci l
Meet i ng of July 1 9 , 2001 for approval and/or correction at the next
Reg u lar City Co u ncil Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes
of the Regular City Council Meeting of 5 July 2001 be APPROVED .
MOTION CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT : Request to Accept Bid for Street Striping
Mayor Swaim related that one bid was received but is lower than the
previous bid from last year.
In respon se to a question posed by Mayor Swaim , City Engineer
Whis k er related that prices are comparable regarding the item of
pavement markets and that the bid included the Community Center
parking area .
1
000082
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 200 1
7:00 P.M. -7:44 P.M .
Alderman Elliott moved, seconded by Alderman Smith to accept the
bid from Contractors Specialty in the amount of $11,895 with funds
to be drawn from the Street Department Fund . MOTION CARRIED .
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: ORDINANCE 1 158 (#12-01)
AN ORDINANCE CREATING JMC § 2 .04 .25 ; DECLARING AN EFFECTIVE DATE
FOR ALL ORDINANCES ; DECLAR I NG AN EMERGENCY; AND, FOR OTHER
PURPOSES.
Mayo r Swaim related that there had been some con fus i on e x p ressed
regardi ng the effective d ate following the passage o f an ordinance ,
addi ng t hat recent l y a Legislation Bill was passed that wou l d a l low
municipalit i es to set t he effective date using a guide l i n e between
t hi rty to n inety days.
Alderma n Smith moved , seconded by Alderman Ray that Ordi nance 1158
be placed on FIRST READING.
Discussion e nsued regard i ng the S t ate Statute that dispe nses with
the reading of an o r dinance i n its e nt irety .
Mayor Swaim po i nted out that the ordinance does not cha nging
current procedure but sets the effective date at thirty-days
fo l l ow ing pas sage unl es s the eme rg ency c lause is attached.
RO LL CALL : Aldermen Elliott, Smith, Lewis , Sans i ng , Ray , Stroud ,
and Howa rd vo t ed AYE. NAY (0). Motion received seven (7)
affirmative votes , (0) negative votes. MOTION CARRIED. Wh ereupon ,
Ci t y Attorn ey Bamburg read the Ordinance .
Alderman Ray moved , seconded by Alde r man Smith to dispense with thE!
reading of Ordinance 1158 i n its e n tirety . ROLL CA LL: Aldermen
Elliott, Sm i th , Lewis , Sansin g , Ray , Stroud , and Howard voted AYE.
NAY ( 0) . Motion received seven (7) affirmative votes, (0) negative~
votes. MOTION CARRIED .
Al derman El liott moved, seconded by Al derman Smith to approve
Ordinance 1 1 58 on FIRST READING . ROLL CALL: Al dermen E ll iott~"
Sm ith , Lewis , Sansing , Ray , Stroud , and Howard voted AY E. NAY (0) .
Motion received seven (7) affirmative votes , (0) negative votes.
MOTION CARRIED.
2
CITY OF JACKSONVILLE Q{}Q QSJ
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2001
7 :00 P .M. - 7 :4 4 P .M.
Al derman Stroud moved , seconded by Alderman Ray to suspend the
ru l es and place Ordinance 1 1 58 on SECOND READING . ROLL CALL:
Ald ermen Elliott , Smith, Lewis , Sansing, Ra~, Stroud , and Howard
voted AYE . NAY (0). Motion received seven (7) affirmative votes,
(0) negative votes. MOTION CARRIED . Whereupon , City Attorney
Ba mburg read the Ordinance .
Alderman Lewis moved , seconded by Alderman Ray to further suspend
the rules and place Ordinance 1158 on THIRD AND FINAL READING . ROLL
CA LL : Aldermen El liott , Sm i th, Lewis , Sansing , Ray, Stroud, and
Howard voted AYE . NAY (0). Motion received seven (7) affirmative
votes, (0) negative votes . MOTION CARRIED . Whereupon, City
At t orney Bamburg read the Ordin a n ce .
Alde r man Smith moved, seconded by Alderman Elliott to APPROVE AND
ADOPT Ordinance 1158 . ROLL CALL : Aldermen Elliott , Smith , Lewis,
Sansing , Ray , Stroud, and Howard voted AYE . NAY ( 0) . Motion
received seven (7) affirmative votes, (0) negative votes. MOTION
CARRIED.
Alderman Stroud moved , seconded by Alde r man Ray that the EMERGENCY
CLAUSE be approved and adopted. ROLL CA LL: Aldermen Elliott ,
Sm i th , Lewis , Sansing , Ray, St r oud, and Howard voted AY E . NAY (0).
Motion received seven (7) affirmative votes , (0) negative votes.
MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1158 THIS THE 2 nd DAY OF
AUGUST 2001.
b. CAPITAL PROJECTS UPDATE
Mayor Swaim related tha t Mr . Green would update the Council
regardi ng five of the eight projects l isted in the budget summary
regarding a Capital Improvements Plan. He reviewed Capital
I mprovements project considerations for a new Animal She l ter , the
reconstruction of Second Street, the Main Street Overpass ,
relocation of the recycling center and demolition of the old
cent er, remode l ing of the Chamber bu i lding for Courts, a central
pavilion for major events , a memorial fountain , and the Community
Center s i gnage.
He then noted t hat plans regarding Second Street have been sent to
the Arkansas Highway Department for approval, and that work has
begu n with the overpass regarding the tearing down of area
buildings and the relocation of water lines . He related that bids
are scheduled to open August 22nd and expressed his hope t hat
construction will follow before the year 's end.
3
000084: CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2001
7:00 P.M. -7:44 P.M.
He stated that Council approved the Community Center signage
purchase and is presently s ee king a lo cation to provide the best
opportunity for exposure.
Mr . Green addressed the Council, relating plans for the new
recycling center to be l ocated at 13 00 Marshall Road (the o ld
Vertac site) , which at the moment is being referred to as the new
Municipal Industrial Complex. He related that it wil l replace the
existing center on Municipal Drive. He stated that the project
involves three covered structures, one that is 100 ' X 300 ' which is
proposed to feature a 30' X 30' office area at one end and will
include a 100' X 100' processing area, while the remainder of the
building will be used for equipment storage. He stated that the
rough plumbing is in progress. He then related that the processing
area wil l contain two (2) bailers , adding that the City has one
bailer that is presently being used for plastics and cardboard. He
stated that a second bailer for newspaper has been bid . He pointed
out that the project has received grant money from the Arkansas
Department Environmental Quality. He stated that currently the
City receives $14.00 per ton for newspaper, but if bailed the price
could go up by as much as four times that amount . He stated that
all utilities have been located, materials for siding have been
ordered, and the estimated completion date is November 2001 . He
related that the estimated cost is $150,000, adding that there are
other related issues regarding demolition of the present Center,
which is contacted with the Arkansas Department of Corrections for
salvage rights. He stated that a previous contract will be use d
regarding asbestos siding disposal, and the tub grinder wil l be
relocated to the new Wastewater Department area. He stated that a
pad has been built and the re-permit process with ADEQ has started.
He rev iewed plans for the Animal Contro l Shelter expansion,
pointing out that it wil l be adjacent to the exis ting building,
which will be renovated and have the appearance of one building.
He related that the plans are completed and excavating of the
adjacent area has begun. He related that the newly constructed
building would be 35' X 100 ' featuring 32 Indoor/Outdoor Kennels, a
cat and puppy room, a reception/office area, and a visitation rooM
for clients adopting animals. He related that the existing 24' X
72 ' building had several phases added going as far back as the
early '80s. He related that the existing building renovated wil l
have five (5) Indoor/Outdoor Kennels, Quarantine Area, Operatin9
Room to spay and neuter at the facility, and a storage area. He
pointed out that the existing building would basically be used fo r
the employees to work from and the new building will be for the
customers regarding handling and processing animals for adoption.
He stated that the floor plan and elevations have been developed
and approved by the Committee and that it is hoped to have the new
building operational by the end o f November so renovation can begin
on the existing building in December or January.
4
ooo oss
CITY OF JAC KS ONVI LLE
RE GULAR CITY COUNCI L ME ETING
AUGUST 2, 2 001
7 :0 0 P.M. - 7 :4 4 P .M.
He r elated that $250,000 was budgeted for the project and it is
believed t hat i t will come in under estimation.
He informed the Counci l of a Sidewalk project proposed to extend
from the Community Cent er to Dupree Park. He re l ated that the
pro j ect would involve going from the end of Municipal Drive along
Redmond i n to Dupree Pa rk and would consists of 2340 feet of
sidewalk construction. He po i nted out that the sidewalk would be
five (5) foot wide with a four (4) foot buffer from the roadway.
He re l a t ed that survey plans and specifications have been
completed , adding that the only consideration current l y is
obta i ning some rights-of-way from the railroad to accommodate
construction next to the roadway, which is being worked through . He
stated that the project is estimated to cost $71,942 and is being
Funded as an Enhancement Program through the Arkansas High way and
Tran sportation Department who sometimes has money available for
municipal grants but is not avai lable every year. He stated that
the grant is an 80/20 match and that the Federal Government share
wou l d be $56 ,984 and City portion $14 ,958.
He stated that in addition there is a Recreation Trail project for
Dupree Park , adding that this project will complete the sidewalk
from Redmond Road going into the Park. He reviewed plans for a
proposed restaurant facility, which wi l l accommodate the pavilion
and trai l program. He related that the project consists of 1 .1
mile of trails with an asphalt wa l king surface, 8 ' wide. He stated
that all trai l s, bridges , signs, and benches have been compl eted
and that the onl y i tern left to close out the project is the
restroom, which is out for bid . He stated that the estimated
completion date is October 2001 and that the estimated proj ect cost
is $105,250. He related that the project is being f unded through
the AHTD Trails Program, which is another fund of money that the
City applied for and is an 80/20 match . He stated that the Federal
Government part is $85 ,000 and the City 's share is $21,250 . He
pointed out that the trail will connect to the sidewalk b e ing
proposed from the Community Center to Dupree Park.
He then related another sidewalk project t hrough the Transportation
I mprovement Program proposed to extend from the corner of Trickey
t o School Drive parallel along Hwy 161 . He stated it would be
approximately .57 mi l es (3,000 ') in length and five (5) feet wide.
He sai d that the plans and specifications are being reviewed by the
Highway Department for bid . He related that the Highway Department
wou l d put the bid package out and oversee the project. He stated
that estimated project cost is $174,417 and is being funded through
(TIP) Transportation Improvement Process Program on an 80/20 match
of Federal $139 ,534 and City $34 ,883 .
He related that the last project for update is the Main Street R/R
Overpass, he reviewed photographs of the area explaining the scope
of the project which extends on Main Street from Second Street and
5
000086 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2001
7 :00 P.M . -7:44 P .M.
Oak Street. He noted that project will alleviate traffic problems
greatly, adding that the project will consist of four 11 -foot lanes
and a five (5) foo t sidewalk on the north side and a ten (10) foot
sidewalk on south side, ADA assessable. He reviewed current status
of the project, saying that the plans and specifications have been
approved and the rights-of-way have been acquired. He stated that
utility relocati ons are underway and bid letting by Arkansas
Highway and Transportation Department should occur within the
month . He related that hopefully construction will start before
the end of the year and is scheduled to take approximately two (2)
years to complete. He related that costs estimates are n ot firmed
as yet but the project is proposed to cost $4.6 million, which will
be funded through TIP on an 80/20 match. He stated that the
Federal share is $3.8 million and the City share is $.8 million.
Mayor Swaim stated that the update provides an opportunity for
Council members to receive status information regarding current
Capital Improvement projects that a re of interest to cons t ituents.
He then related that Mr. Green has been instrumental in securing
funds regarding the programs be ing funded through grant money. He
explained that Mr. Green wrote two of the programs that are being·
funded. He explained t hat himself, Mr. Green and City Engineer
Whisker serve on the Technical Advisory Committee and the Citizens
Board t hrough Metroplan, enabling the overpass to be approved. He
pointed out that the overpass is the first railroad overpass funded
through the Metroplan TIP (transportation impr ovement program) and
explained that Metroplan is excited about the pro j ect because it is
the first funding mechanism with most o f the money being provided
through a gran t. He pointed out that the Ci ty i s committed t o a
number of large projects that have been discussed during Council,
which has b rought about the decision to hi re a project manager for
cost purposes, adding t hat an ordinance is fo rthcoming to addres~:
that issue. He related that Mr . Phil Keaton has drawn the pl ans
and specifications for the Animal Shelter and has worked with the
architect who originally started the design for the Municipal
Courts building. He stated that the architect expressed confidence
in the capability of Mr . Keaton t o complete the projects, which
would save the City considerable money. He related that Mr. Keaton
has accepted the position on a percentage cost basis regarding t h e
plans, specifications and supervisio n of the proposed projects. He
re l ated that Mr. Keaton has the archi tectural and engineerin9
expertise t o negot iate a better price on total construction, addin9
that the City will perform some of the labor and purchase
ma terials, then subcontract other aspects of the projects. HE~
stated tha t the City will obtain quotes regarding material a nd
labor, wh ich is s tanda rd procedu re for any large project, when
h i ring an outside engineer, architect or contractor. He rel ated
that effort to combine those aspects to save a substantial amount
of money. He stated that t he staff is to be complimented regarding
additional duties performed by outside employment to save total
costs.
6
000087
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2, 2001
7 :0 0 P.M. -7:44 P.M.
Alderman Elliott commended Mr . Green , Mr. Whisker, and Mr. Oakley
and other staf f members for their work on the pro jects, saying that
t hey have done an excellent job coordinating these projects.
Alderman Smith pointed out that while grants are not easy to
obtain, if enough time and effort is expended it is proven that
grants can be accomplished.
Mayor Swaim then pointed out that additiona lly some in kind service
can be provide to furt her o ffset the 20% mat ch costs to the City.
He r elated that while he may not brag constantly about the staff h e
is very proud of what they have b een abl e to acco mplish.
Discussion returned to the procedure r egarding resolution and
ordinance passage. Alderman Ray mentioned info rmation obtain
during the recent Municipal League meetings where some City
Councils tape the reading and play them at Council whil e caring on
regular business as a way to address lengthy readings during a
Council meeting.
Mayor Swaim pointed out the effort to inform the public regarding
ordinances be i n g passed by the Council and r elated that copies are
made available a l ong wi th the agenda .
ANNOUNCEMENT: Mayor Swaim related that a public hearing regarding
annexation i ss u es will be held Monday , Au g ust 13th at 6:00 p.m. at
City Hal l.
Ci ty En gi n eer Whisker explained that i f 51% of the property owners
or the p r ope rty owners that own 51% or more of the l and sign the
petition for annexat i on then the process can begin without an
election.
NATIONAL LEAGUE OF CITIES MEETING
Mayor Swaim reminded the Coun cil members interested in attending
the Nation al L eague of Cit i es meeting in December should contact
Mrs . Tipton regardi n g reservations and registration.
REDISTRICTING MEETING
Mayor Swa im related that the vote regarding the redistricting for
the State l e gislative offices will be in September. He went on to
explained that t h e proposal to split Jacksonvil l e and moved ~ t he
City into a district with White county a nd efforts to conne ct half
the City to Faulkner County a n d Conway . He re l a t ed a fairly
reasonab l e compromise curren tly proposed puts a la r ge part of the
Ci ty back with in one district . He stated that Jacksonvi l l e wou l d
sti ll have two part ial districts but one wo uld contain at least ~
of th e City's population, which an improvemen t from the previous
proposal . He stated tha t the district would include most of the
7
OOOOS8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 2 , 2001
7 :00 P.M. - 7 :44 P.M .
City, and a par t above Bayou Meto on Hwy 161 at the Reed 's Bridge
for District 34 , and that the area north, east and west wou l d all
be within District 29, which would include Sherwood and parts of
No r th Littl e Rock to I -4 0 following Hwy 67 and 107 excluding the
Lakewood area. He stated that changes are understandable but hopes
that the work wil l continue to produce a compromise to keep most of
Jacksonville in the same Senate District. He related that Council
members have represented the citizens of Jacksonville very well at
the meetings and have made presentations that were well received .
He then re lated that everyone seems to be pleased with the d i strict
representative seat , which actually enlarges the City's portion of
the district . He stated that the district spans from Marshall Road
along West Main Street to Harris Road and takes in most of the City
as part of tha t District.
In a effort to explain earlier confusion, he offered that some
people thought Jacksonville only wanted to have a Senator from the
City , which was not the issue. He then explained that because of
the split into two almost equal parts of approximately 15,000 each
into 7 6 , 0 00 and 7 9, 000 plus districts there was a very small
percentage Jacksonville citizens could i nf luence the outcome of an
election very strongly. He stated t hat the concern being that such
a small number of a votes within a Senate District might result in
less effort from an elected official to work with the city
regarding conflicting interest from othe r parts of that district .
He then encouraged voters to vote and those not registered to
register and vote , adding that in the City of Jacksonville of
29,916 residents there is approximately 13,000 people registered
and approximately 40% of those actually vote. He concluded , sayin9
that if the citizens of Jacksonville want to influence elect ions on
a State level more citizens need to register and vote.
He poin t ed out a current millage vote for the library in progress
saying that only 6 to 10 residents early voted today. He expressed
concern for voter apathy and encourage citizens to vote.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting a 1:.
approximately 7 :44 p .m.
Respectfully,
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
8
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
AGENDA
Regular City Council Meeting
AUGUST 16, 2001 7:00P.M.
Regular City Council Meeting
August 2, 2001
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
Regular City Council Meeting
July 19, 2001
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Code Enforcement)
(Animal Control)
Regular Monthly Report/July
Police Ch ief Hibbs
Regular Monthly Report/July
Fire Chief Vanderhoof
Regular Monthly Report/July
City Engineer Jay Whisker
Regular Monthly Report/July
00GOS9
Director of Public Works Jimmy Oakley
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . PARKS & REC DEPT:
12. PLANNING COMMISSION:
13. GENERAL: 7:00p.m. a. ORDINANCE 1160 (#14-01)
Public Hearing to Abandon
Public Right of Way Easement
(Mayor Swaim)
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
b. Community Development Policy
and Operating Procedure Manual
(Mayor Swaim)
c. Sewer Line Upgrade
Sanitation/Recycling
Cost of $8,960.00 (Mayor Swaim)
000030
CITY OF J ACKSONV I LLE
REGULAR CITY COUNCIL MEETING
AUGUST 16 , 200 1
7 :00 P .M. -7 :20 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the Ci ty of Jacksonville , Arkansas me t in Regular
Sess i on on Augus t 1 6 , 200 1 at t he regular meet i ng p l ace of the
Council . Al derman Ray delivered the invocation and Vice Mayo r Tw it ty
led a standing audience in the "Pledge of Allegiance " to the flag.
ROLL CALL : Aldermen: El l iott, Smith , San sin g , Ray , Wilson , F letcher ,
and Stroud answered roll call . Vice Mayor Tw i tty also answered ROL L
CA LL d eclar ing a quorum. PRESEN T eight (8), ABSENT (2).
Others present for the meeting were : City Attorney Robert E. Bamburg ,
Depu t y Ci ty Clerk Me l an i e Green , Direct or of Admin i st r a t ion Mur i ce
Green , City Eng i neer Jay Whisker , Public Works Di rector Jimmy Oakley ,
F inance Director Paul Mushrush , Police Chief Hibbs , Fire Chief
Va n d erhoo f, Mrs. Edi t h Smith , Mrs . DeDe Hibbs , Mrs . Addie Gibson ,
int erested cit i zens and members of the press .
PRESENTATION OF MINUTES:
Vi ce Mayor Twitty presented the minutes of the Regu l ar City Coun~i l
Meeting of August 2, 2001 f or approval a nd/or correction at the n ext
Regular Ci t y Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Wilson that the minutes of
the Regular City Council Meeting of 19 July 2001 be APPROVED . MOT I ON
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Sansing that the Regul ar
Monthly Report for July be APPROVED . July Report reflects ; Total
Value of Reported Stolen Property $88,064 .00, Total value of
Recovered Stolen Property $86,431 .00 , Total Report Sales $337.00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Sansing to approve t he
Regular Monthly Report for July , which ref l ects a fire loss of
$219,250.00, and a Savings Total of $181 ,500.00.
REGULARLY MONTHLY REPORT/CODE ENFORCEMENT
Alderman Elliott moved , seconded by Alderman Sansing to approve t he
Regular Monthly Report for July 2001.
1
CITY OF J ACKSO NVILLE 000031
REGULAR CITY COUNC IL MEETING
AUGUST 16 , 200 1
PERMITS/LICENSE ISSUED
Building Permits
Business License
INSPECTIONS PERFORMED
Bldg. Inspections
HVACR
Electrical
Plumbing
CONDAMNATION
20
21
53
32
67
69
Maint . Letters 15
Repairs Made 0
Demolitions 4
7 :00P .M. - 7 :20 P .M.
UNSIGHTLY & UNSANITARY
Grass Letters 243
Property Mowed 15
Trash Letters 90
Trash Removal 0
Prop. Maint . Letters 2
Property Repairs Made 0
Cost for June $1,495 .00
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Sansing to APPROVE the
monthly Animal Control Report for July 2001 . Report reflects the
following:
CONTRIBUTIONS................................. $
ADOPTIONS/FINES........................... $
TOTAL ......................................................... $
0 .00
494.00
494 .00
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
and Stroud voted AYE. (0) voted NAY . MOTION CARRIED.
Al derman Ray c ompliment ed the Police Department regarding the tota l
val u e of stolen property recovered .
Alderman S troud comp liment ed the Code Enforcement Department
r ega rding clean-up efforts.
In re spons e t o a question from Alderman Fletcher , Mr . Green r elated
that a meeting i s scheduled with Pet Angles r e garding th e pro ject 's
progress . He re lated t hat the foundation bid is fort h coming and that
the ground area ha s been graded .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION:
2
000032 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2001
7 :00 P.M . -7:20 P.M.
GENERAL: PUBLIC HEARING a. ORDINANCE 1156 (#10 -01)
AN ORDINANCE ABANDONING A PUBLIC RIGHT OF WAY EASEMENT ON LOTS 13 A:tiD
14 OF THE MARSHALL ROAD INDUSTRIAL PARK, JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: LOTS 13 AND 14 MARSHALL ROAD INDUSTRIAL PARK) ;
AND, FOR OTHER PURPOSES .
Vice Mayor Twitty opened the public hearing at approximately 7:06
p .m.
Ci t y Attorney Bamburg related that the ordinance addresses the
aband onment of a right -of-way easement that has been rep l aced. He
related that du r ing development the owner discovered that an easement
no l onger utilized by the Water Department had not been formally
abandoned . He then related that the owner granted another easement
ac r oss the property which would allow for the development.
He stated that from his understanding there was no opposition
expressed during Water Department Commission meeting, but added tl:.at
a public hearing hosted by the City Council was in order to formally
abandon the easement.
With no one to speak in opposition , Vice Mayor Twitty closed t he
public hearing at approx imately 7:08 p.m .
Alderman Wilson moved , seconded by Alderman Smith that Ordinance 1160
be placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith,
Sansing, Ray , Wi l son , Fletcher, and Stroud voted AYE . NAY (0). Motion
received seven (7) affirmative votes, (0) negative votes . MOTION
CARRIED. Whereupon, City Attor ney Bamburg read the Ordinance .
Alde r man Ray moved, seconded by Alderman Wilson to dispense with i:he
reading of Ord i nance 1160 in its entirety. ROLL CALL: Al derr1en
Ell i ott , Smith, Sansing , Ray, Wilson , Fletcher, a nd Stroud v o ted AYE .
NAY (0). Motion received seven (7) affirmative votes, (0) negati ve
votes. MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Smith to approve
Ordinance 1160 on FIRST READING. ROLL CALL: Aldermen E l liott, Smi t h ,
Sansing , Ray , Wilson, Fletcher , and Stroud voted AYE. NAY ( 0) .
Motion received seven (7) affirmative votes , (0) negative vob~s.
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Stroud to suspend the rules
and place Ordinance 1160 on SECOND READING . ROLL CALL: Aldermen
Elliott , Smith , Sansing , Ray, Wilson , Fletcher, and Stroud voted AYE .
NAY (0). Motion received seven (7) affirmative votes, (0) negative
votes. MOTION CARRIED .
3
000033
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 16, 2001
7 :00 P.M . -7 :20 P.M .
Alderman Ray moved, seconded by Alderman Wilson to further suspend
t h e rules and place Ordinance 1160 on THIRD AND FINAL READING . ROLL
CALL : Aldermen Elliott, Smith , Sansing , Ray , Wilson , Fletcher , and
Stroud voted AYE. NAY (0). Motion received seven (7) affirmative
votes, (0) negative votes. MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1160. ROLL CALL: Aldermen Elliott , Smith, Sansing, Ray ,
Wilson, Fletcher, and Stroud voted AYE. NAY (0). Motion received
seven (7) affirmative votes, (0) negative votes . MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1160 THIS THE 16th DAY OF
AUGUST 2001.
b. Community Development Policy and Operating Procedure Manual
Alderman Ray as a member of the committee urged more citizens to
volunteer .
CDBG Director Teresa Watson related that manual inc ludes a change
summary , pointing out that the manual was updated to include uniform
project regulations.
Alderman Smith moved, seconded by Alderman Ray to approve the
Community Development Policy and Operations Procedure Manual . MOTION
CARRIED.
c . Sewer Line Upgrade for Sanitation/Recycling
City Eng ineer Whisker related tha t funds were budgeted for th e new
recycling facilities a nd pointed out the existing sanitary sewer
across Marshall Road , which is being rehabbed. He r elated that the
line has been c l eaned for the pipe burst procedure and the City has
attached the project to the low bid contract of the Jacksonville
Wastewater regarding t h eir existing pipe bursting projects. He
stated that cost i s $64.00 per foot for 140 feet of improvements .
Alderman Elliott moved, seconded by Alderman Stroud to approve the
expenditure from the Capital Improvement Fund of $64 .00 per foot for
140 feet of sewer line improvements. MOTION CARRIED .
Mr. Green related that the Recycling building is expected to be
operational by November , adding that the Arkansas Department of
Corrections would be tearing down the old building. He stated that
the asbestos siding contract should be completed in one week .
4
oooo·34 . CITY OF J ACKS ONV ILLE
REGULAR CITY COUNCIL ME E T ING
AUGUST 1 6, 20 01
7 :00 P .M. -7:2 0 P .M.
He then responded that November is a l so the target date regarding
comp l etion of the new Animal Shelter.
Al derman F letcher acknowledged improvements regard i ng the clean-up
ordinance, but stated that it has been brought to his attention that
many of the r ight-of-ways and ditches require cleaning by the City .
He asked if the City needs to consider hiring addit i onal personne l
for City clean-up .
Mr. Green stated that the City currently hires two bush hoggers and a
dozen summer hires regarding d i tch maintenance. He explained that it
has been difficult to keep personn el , expressing that the average
employment span is approximately three to four days. He stated that
the heat has been the primary cause for the difficulty in keeping
summe r maintenance crews. He related that the City wi l l need to hire
additional personnel, but is doing its best to manage those
responsibilities with the available res ources .
Alderman Sansing related that the Ordinance may require further
considerat i on to address additional concerns regarding residents ~·ho
have an excess number of vehicles parked at their residence , b u t a re
not in vio l ation of Code because all the vehicles are mechanically
operationa l .
Alderman Stroud agreed, saying that he had witnessed ten cars parked
at one home. He added that the Counc il may want to consider
requiring all vehicles to be registered with current license. He
related the need in all considerations to be fair to citizens who
have cars , buses, RV's , and boats as well as their neighbors.
Alderman Sansing stated t h at residents living in a city and receivi ng
that city 's services should conform to the city laws , pointing out
that those same guide l ines do not exist f or County residents.
Alderman Smith suggested that more time for proving ground be g i ve n
regarding ordinance effectiveness before strengthening the ordinance .
APPO I NTMENTS :
ANNOUNCEMENTS :
ADJOURNMENT :
Vice Mayor Twi t ty wi thou t objection adjou rned the meeting at
approxi mately 7 :20p .m .
5
~
City Council Of Jacksonville, Arkansas 000035
AGENDA
Regular City Council Meeting
SEPTEMBER 6, 2001 7 :00P.M.
1. OPEN ING PRAYER:
2 . ROLL CALL:
3 . PRESENT AT ION OF
MINUTES:
4 . APPROVAL AND/OR
CORRECTION OF MINUTES :
5 . CONSENT AGENDA:
(Animal Control)
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION :
14. GENERAL: a.
Regular City Council Meeting
August 16, 2001
Regular City Council Meeting
August 2 , 2001
Regular Monthly Report/August
Director of Public Works Jimmy Oakley
Request to Accept Bid : Bailer &
Pit Conveyor (Mayor Swaim)
Briefing: Condemnation/Repairs
(Alderman Smith)
b . ORDINANCE 1163 (#17-01 ):
Comcast Cable Franchise Agreement
(Mayor Swaim)
c. ORDINANCE 1161 (#15-01):
Purchasing Limit for Construction
Projects (Mayor Swaim)
d . ORDINANCE 1159 (#13-01 ):
Modifying Outside City Water Rates
(Mayor Swaim)
000036
CI T Y COUNCIL A G EN D A
September 6, 2001 continued
GENERAL continued:
15. APPOINTMENTS :
16. ANNOUNCEMENTS:
ADJOURNMENT
e.
f.
g .
h.
i.
DISCUSSION: Solicitation Ban
(Alderman Stroud)
ORDINANCE 1162 (#16-01):
Ordinance & Resolution Title Read ings
(Mayor Swaim)
DISCUSSION : Disposition of a portion
of Property at HWY 161 and School Drive
(Mayor Swaim)
Request to Accept Bid: HOPE Pipe
(Mayor Swaim)
Request for Matching Funds for
Police Grant (Mayor Swaim)
PLANNING COMMISSION:
Appointment of Tammy Green for a
term to expire 1/1/2003
BOARD OF ADJUSTMENT:
Appointment of William Montgomery
term to expire 2/5/2002
CITY OF JACKSONVILLE 0000 :37
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7 :00 P .M. - 8 :25 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met in
Regular Sess i on on September 6, 200 1 at the regular meeting place
of the Council . Alderman Lewis delivered the invocation and Eagle
Scou t Alex Stevens led a standing audience in the "P l edge of
Allegiance" to the flag.
ROLL CALL: Aldermen : E l liott, Smith , Lewis , Sansing , Wilson ,
Fletcher , Stroud , Twitty and Howard answered roll call . Mayor Swaim
also answered ROLL CA LL dec l aring a quorum. PRESENT nine (9), ABSENT
( 1) .
Others present for the meeting were : City Attorney Robe r t E .
Bamburg , Deputy City Cl erk Melani e Green, Director of
Adm i nistration Murice Green , City Engineer Jay Whisker, Finance
Director Paul Mushrush , Purchasing Agent C.J. Brown , CDBG Director
Theresa Watson , Police Chief Hibbs , Fire Chief Vanderhoo f, Parks
and Recreation Director George Biggs , Parks Assistant Administrator
Patty Wa lker , Engineering Secretary Vicki Williams , Code
Enforcement Officers Vern Howe l l and Marty Sanady , Water Commission
--. Chairman Thad Gray, Water Superintendent Ken Anderson , Mr s . Judy
Swaim , Mrs . DeDe Hibbs , Mrs . Ed i th Smith , Mrs . Lindy Lewis ,
interested cit i zens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council
Meeting of August 16 , 2001 for approval and/or correction at the
next Regular City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
A1derman Smith moved, seconded by A1derman Lewis that the minutes
of the Regular City Council Meeting of 02 August 2001 be APPROVED.
MOTION CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman
monthly Animal Control Report for March 2001 .
following:
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
1
Lewis to APPROVE the
Report reflects the
384.00
0.00
384.00
384 .00
OCG 0 38 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P .M. -8:25 P.M .
ROLL CALL: Elliott, Smith, Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION
CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT : Request to Accept Bid for Bailer & Pit
Conveyor
Mayor Swaim related that the low bid is the recommended bid.
Alderman Wilson moved, seconded by Alderman Elliott to accept the
low bid from Cram-A-Lot in the amount of $45, 625 . 00. MOTION
CARRIED.
Mayor Swaim related that the City has received a 100% grant from
the Pulaski County Solid Waste District, adding that the purchase
of a second bailer would allow for configuration of plastic and
newspaper, which will increase the price received for the sale of
those products.
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL: a . CONDEMNATION BRIEFING
Alderman Smith related that the City works with the owners of
dilapidated homes to bring them back to good repair, adding that
there are homes too far dilapidated that must be condemned. He
related that Mr. Glen Davidson had requested the opportunity to
address Council, but is not present in the audience. He related
that Mr . Davidson has four h omes that are scheduled to be
condemned. He related that three of the homes on the list were
scheduled for condemnation in 1996, pointing out documenta ti on
supporting the City's efforts t o work with the owner.
City Engineer Whisker presented a power point presentation
depicting the dilapidated condition of homes owned by Mr. Davidson.
The photos documented advanced dilapidation making them suitable
f or demoli t ion. He related that clean-up letters have been sent to
Mr. Davidson regarding six of his properties located at 109 Union ,
115 East Blvd., 130 Joiner, 103 Roosevelt, 117 Joiner, 10 5 West
Avenue .
2
000039
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P.M . -8 :2 5 P .M.
He reviewed conditions regarding each home to include unsafe
construction methods regarding an addition , disrepair and
dilapidat i on to all of the homes regard i ng exterior conditions .
Th e Council viewed slides of the homes featuring sagging roofs,
wood rote to the exterior and structural damage. The common theme
of overgrown grass and underbrush was noted. City Engineer Whisker
then related that letters regarding structurally unsafe conditions
were wr itten for 1 1 7 Joiner Street and 105 West Avenue. He stated
that the owner had indicated that he would like to begin repa i r
work at 105 West Avenue before starting 117 Joiner because of
financia l restraints. City Eng i neer Whisker stated that the roof
was taken off th e residence at 105 West Avenue and dumped on the
lawn, which spilled over onto the sidewalk. He presented photos of
an addition to the rear , explain i ng that th e construction is
structurally unsound. He related that Mr. David~on was asked to
get a bui l ding permit because the construction methods were not
sound . He reviewed photos depicting app liance s discarded in th e
bac k yard . He related that efforts to work with Mr. Davison began
May 7th , starting the process of eit her bringing the house back to
code or demolish. He related that the first letter provided 30
days, and the 2nct l etter gave h i m until the following Council
meeting. He then related that Mr. Davidson then provided a
schedule for repairs but did not keep that schedule. He went on to
say that Mr. Davidson was contacted again by mail and still has n ot
met the schedule t o finish the project by Aug 22nct . He provided
copies of several letters sent for various vio l ations . He stated
that previously an ordinance was passed to condemn the house at 117
Joiner S t reet , 193 Roosevelt and 130 Joiner Street, adding that Mr .
Davidson repaired the h omes just enough to keep them from being
demolished . He pointed out that 117 Joiner has now once again
r eceived a structural letter violation . He stated that the City
had demolished two houses in 1994 at 105 Victory Circle and 200
Roosevelt. He related that the pictures being presented are recent
and comparable to the ones taken in 1996. It was noted that two of
the propert i es are being condemned, adding that no one is living in
any of the properties proposed for condemnation .
Discussion ensued regarding conditions on Casey St reet and City
Engineer Whisker related that grass letters have been sent and the
City has had to mow the grass at the church , stating t h at the
building will have to be condemned.
Mayor Swaim pointed out that the properties presented are not the
only houses that are in need of repair in the City and that this is
not a case of a single individual being pointed out but added that
Mr. Davidson had requested the opportunity to discuss his
properties with the Council. He then related that other property
owners a re either preparing to fix their properties or the City is
3
ooc::.3o CITY OF JAC KSONV ILLE
REGULAR CITY COUNCIL MEETI NG
SE PTEMBER 6, 2001
7 :00 P .M. -8:25 P .M.
preparing to demolish them. He related that the unfortunate aspect
is that the taxpayers are actually subsidizing the demolition when
the City is forced to pay up to six thousand dollars per house
regarding demolition, asbestos removal and hauling. He offered
that wh i le the City files property liens , it cannot recoup expenses
if the property does not sell . He related that the City received a
letter recently regarding a property condemned in the mid 90's,
which is now for sale regarding back taxes.
Alderman Stroud related that once a house reaches that condition it
becomes too costly to restore and then other area houses seem to
take the same direction because of general neighborhood moral when
property is not kept up. He stated that those conditions is what
is meant by a "blight on the community", adding that the Council
has voted to take action regarding those s i tuations . He then
quest i oned the normal time frame regarding condemnation, pointing
out that one property was actually started in 1996.
City Engineer Whisker related that it depends on the individual
property owner , adding that some work harder than others to keep
their property from being demolished. He stated that the first
letter gives 30 -days , and if the property owner will call and work
out a repair schedule the City will try and work with them. He
pointed out that one property owner who got a letter in May is
presently rebuilding a house from the walls up and is ~ finished.
Discussion ensued regarding a measure for visible progress.
In response to a question from Alderman Stroud, City Engineer
Whisker stated that his question to Council would be what is thE~
point in time, given reasonable time limits when the City ceases to
work with a property owner not repairing the property.
Mayor Swaim stated that if progress is not shown or some effort
made within 30 -days, in the past the condemnation process has begun
including action from the City Attorney.
City Attorney Bamburg stated that after the 30 -day letter has been
issued with no response then it is forwarded to his office and a 2nj
letter is issued informing the property owner that the City Counci l
wi ll consider condemnation proceedings at the next regularly
scheduled meeting. He then related that if again the p r operty
owner does not respond and provide a repair schedule an additional
30 -days is provided after Council addresses the condemnation before
any action can be taken to demolish and then at that point it
becomes a matter of scheduling with bid . He pointed out that 1n
the past the City has tried to bid more than one house to make i~
as economical as possible.
4
CITY OF JACKSONVILLE 0001 n1
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7:00 P.M . - 8 :25 P .M.
Mayor Swaim related that the legal bidding process takes a minimum
of two weeks to 30 -days, which very easi ly brings the total process
to ninety -days before action can be taken. He then stated that
difficulty regarding notification creates a further delay.
Di scussion ensued and it was felt that it would be helpful to the
Council to have a properties status report included a s part o f the
consent agenda regarding quick acti o n if necessary.
Mayor Swaim pointed out that a recent a mendment to the State
Statutes allows cities to repair the property then charge the
owner , adding that he is not sure the Council would want to
consider the option.
Alderman Fletcher stated that it was upsett ing to realize that most
of the property in question belongs to out of town landlords who
choose not to take care of their property . He stated that he feels
the Council needs to d eal with landlords who refuse to take care of
rental properties. He related that in recent committee meetings it
was discussed having landlords register rental property and have
the City perform inspections. He suggested that landlords could be
required to be permitted i n order to r ent t h eir property. He cited
a situation regarding an occupied rental house where not just the
shingles are missing but the decking is missing. He stated that
landlords need to be held accountab l e to the strictest measure the
City can possibly and legally enforce . He concluded saying that
if landlords cannot afford to fix their property, they should not
be in the renta l business, adding that it should not be the City's
responsibility.
Alderman Sm ith noted a house condemned that had a dirt floor,
adding that if progress is not shown the City should proceed with
condemnation .
Alderman Stroud sugge s ted that the posting of condemn at i on signs
might h elp in not ify i ng out o f town owners , offering that neighbors
migh t contact the ow n er . He related that some people have admitted
after being cited that t hey had been slow to repair property but
are now repairing the homes.
Mayor Swaim introduced Code Enforcement Officer Mart y Sanady.
b . ORDINANCE 1163 (#17-01)
AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, AND 546; PROVIDING
RENEWAL OF A FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES;
PROVIDING FOR COMPENSATION THROUGH A FRANCHISE FEE TO THE CITY ;
AND, FOR OTHER PURPOSES.
5
0001.02 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7 :00 P .M. -8 :25 P .M.
Mayor Swaim noted that a representative from Comcast Cable was not
present and asked Counci l to place the Ordinance on first read i ng
only so to allow a r epresentative to be present at a later meeting
to address any quest i ons .
Al derman Smith moved , secon ded by Alderman S t roud that Ordinance
1163 be p l aced on FIRST READING . ROLL CALL: Aldermen Ell i ott ,
Smith , Lewis, Sansing , Wilson , Fletcher, Stroud , Twitty and Howard
voted AYE. NAY (0). Motion received n i ne (9) affirmative votes, (0 )
negative votes. MOTION CARRIED . Whereupon , City Att orney Bamburg
read the Or dinance .
Alderman Wilson moved , seconded by Alderman Smith to dispense with
the r eading of Ordinance 1 163 in its entirety . ROLL CALL : Aldermen
Elliott, Smith, Lew i s , Sansing , Wilson, Fletcher , Stroud , Tw i tty
and Howard voted AYE . NAY (0 ). Motion received n i ne (9)
affirmative votes, (0) negative votes . MOTION CARRIED.
Mrs . Noralee Perkins a resident of 606 InnsBrooke Cove related that
when t h e Pennpointe Subdivi sion was developed, the cab l e lines was
not buried but in many case were just placed underneath the sod.
S h e stated t h at when her cable lin e had to b e repaired after being
accidenta lly c u t dur i ng an addition to her home, Comcast left the
cable l ine hanging on the fence . She stated that after the cable
line was cut a second t i me by a neighbor mowing grass she requested
that Comcast bury the cable . She relat ed t h a t there is cable linE!
lying on the ground and that her main concern is safety , describin9
an elderl y neighbor that has tripped on the exposed line. She
further described it as being unsightly in a neighborhood that.
takes a lot of pride in its aesthetics . She stated t hat in her
opinion any company that provides a service in the community should
be h e l d to task and provide a quality service , which she feels i~;
not the case regardi ng Comcast Cable . She stated that al l other
u t ili ty l ines in the subdi vision are underground . She stated that
all lines should be buried in a time l y manne r a n d that she does not
fee l five -years of having t he cable above the grass is considered
t i me l y . She stated that present l y she has no cab l e service in her
home and that Comcast does not automatically credit the biL_
without her having to call the cable company numerous times and
r equ est t h e credit. She re lated t h at she has been i n contact with
Comcast on several occasions regarding the concrete being poured
for the home addition to request they bury the cable line . She
then related t ha t thu s far the cable line is st i ll lyi n g on the
grou nd , so she called the norma l channels and was assured they
would t ake care of it , wh ich they have not . She added that she
then went one step f u rth er and requested to talk t o management,
6
-
0001.03
CITY OF JACKSONVIL LE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7 :00 P .M. - 8 :2 5 P .M.
saying that a customer shou ld n ot have to keep calling to get
servi c e . She stated that when she contact ed the general manager 's
assistant , she told th e m that i f they c ou l d not take care of t h e
problem , she no longer needed their se r vice . She re l ated that she
was then contacted by a c u stomer service rep r esentat i ve who
extended his a pologies, and asked what he could do to keep her as a
good customer. She de s cr ibed the event as extreme and sa id that
s h e did not f e el a consumer sho uld have to go t hr ough that. She
sta ted t hat management as sure d h e r they woul d take care of the
situation , but added that it remains to b e seen. She stated t hat
if the situation is not corrected she wou l d not continue cable
service.
In re spo n se to a question from Alderman Smith, Mrs. Perkins
related that t he cable has b e en above ground fo r approximately five
years.
Di s cussion ensued rega rding o t he r subdivisions that may have
experienced similar problems , and Mayor Sw a im r elated that when he
h ad receive d complaint calls of thi s natu r e h e had talked with Mike
Wilson from Corncast and the problems was addr essed . He agreed t h a t
Mrs . Perk ins's situat i on is n ot the n ormal process a nyone should
h ave to go through . He related tha t in cons tructing a ditch in the
Stonewall Subdivision t he City h ad to handle prob l ems with a
multitude of cable lines located in a ditch.
Mrs . Perkins stated t h at in ta l king with var i ous contractors she
was told that placing the cable l ine d i rectly undern eath the sod is
pr etty much the norm for Corncast Cab l e.
In response to comment from Alderman Wilson, Mayor Swaim stated
that h e would look into t h e matter.
Mrs . Perkins related t hat in d ea l ing with Co rncast she has reque sted
th at anyt hing less t h a n all cable line s buried i n the subdivision
wo ul d be unac ceptable.
Alderman San s in g r e lated th at he had cable removed from hi s horne
20 -yea r s ago and has not missed it .
Alderman Elliott asked that Corncast be ava ilab l e at t h e next
regularly scheduled meeting to address concerns , adding he recently
h a d a simi la r experience when h e had to make two ca ll s before
ending up later ca l l ing Mike Wilson to have a cable problem so l ved.
7
ooo1.a4 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P.M . -8:25 P.M.
Alderman Fletcher related that his church 's property on James
Street is going to be demolished and in his attempts to have the
utilities disconnected he has been frustrated in efforts to try and
get Comcast to disconnect the cable tha t runs across James Street .
He related that in phone conversations with Comcast he was unable
to make the representative understand that if he disconnected the
cable from the building it would be in danger of coming back into
James Street and possibly wrapping around a passing car. The
representative i nstructed him to cut the cable at both ends and he
again tried to make her understand that the other end of the cable
was attached at the top of a t e l ephone pole . He explained his
efforts to make her understand that he could not cut the cable from
the top of a telephone pole and eventually just ended the
conversation. He stated that the conversation had occurred two
weeks previous and that Comcast has done nothing to address the
situation, he stated liability concerns regarding possible damage
from h i s c u tting the cable line at one end. He related that when
uti lity companies move their offices fr om the city , the citizens
quality of service suffers .
Mayor Swaim related that Comcast has an o f fice in Jacksonville, but
does not have a local telephone number, adding that his office
receives Comcast calls . He then related tha t when he began serving
as Mayor in 1987 there were unsuccessful efforts to solicit other
comp anies to provide area cable service. He related that Comcast
did not have a signed franchise ag reement for over five-years,
because comp etition was being encouraged, but no one else would
come and compete with them. He stated that the Federal Government
passed a law prohibiting cities from regulating local rates. He
stated that c ities as a governmenta l entity do not have control
over the prices charged by cable companies , which he stated that i s
why it is so important to demand proper service for the customers
in the City . He related that the proposed agreement is a non-·
exclu sive franchise agreement , which means at a later date another
compan y could come in and compete to provide cable service.
Alderman Stroud commended Mrs. Perkins, saying that most citizen~>
do not compl a in t o their governmental bodies but should. He stated
that in view of the complaints he wou ld venture to say that Comcast
Cable is a big company who has not been a good corporate neighbor
in Jacksonvi lle .
In res ponse to a question from Alderman Wilson, Mayor Swaim related
that the major change proposed i s to limit the contract time frorn
fifteen to ten years.
8
CITY OF JACKSONVILLE 0001.05
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P.M. - 8 :25 P.M.
Alderman Stroud moved, seconded by Alderman Smith to amend the
contract from 15 years to ten years. ROLL CALL: Aldermen Elliott ,
Smith , Lewis , Sansing , Wi lson , Fletcher, Stroud , Twitty and Howa rd
voted AY E. NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED .
Alderman Wilson moved, seconded by Alderman Smith to approve
Ordinance 1 163 on FIRST READING as AMENDED. ROLL CALL: Aldermen
Elliott , Smith , Lewis , Sansing, Wi l son , F l etcher, Stroud, Twitty
and Howard voted AY E . NAY (0 ). Motion received nine (9) affirmati ve
votes, (0) negative v otes. MOTION CARRIED .
Alderman Wilson suggested that Mayor Swaim negotiate with Comcast
regarding some degree of dedicated service to Jacksonvil l e
s t ipulating a local phone number , and a customer service
representative that has knowledge of Jacksonville to provide the
service customers expect and deserve.
Mayor Swaim related that in speaking to Comcast regarding a local
phone service for t he local off i ce he was informed that that it is
not pr oductive and slows down the process . He stated that he does
no t agree with that , pointing out the number of complaint calls
received by his office a t billing t ime before asking Comcast to
take the telephone number off the bil l as the franchise agent .
c . ORDINANCE 1161 (#15-01)
AN ORDINANCE MODIFYING §3 . 08.030 OF THE CITY OF JACKSONVILLE
PURCHASING MANUAL; ADOPTING MODIFICATIONS TO BIDDING PROCEDURES AND
AN INCREASE IN LIMITS UNDER ACTS 921 AND 1051 OF THE 2001
LEGISLATURE ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES .
Mayor Swaim related tha t t hi s is proposed rega rd ing a change in
State Law from the last legislative session.
Alderman Elliott moved , seconded by Alderman Smith that Ordinance
1 161 be p l aced on FIRST READING. ROLL CALL : Aldermen Elliott,
Smith , Lewis, Sansing, Wilson , F l etcher, Stroud , Twitty a n d Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED . Whereupon , City Attorney Bamburg
read the Ordinance.
Alderman Sm i th moved , seconded by Alderman Lewis to dispense with
the reading of Ordinance 1 1 61 in its entirety. ROLL CALL : Aldermen
Elliott , Smith , Lewis , Sansing , Wilson , Fletcher , Stroud , Twi t ty
and Howard voted AYE . NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
9
0001.06
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P .M. - 8 :25 P .M.
Alderman Smith moved , seconded by Alderman Howard to approve
Or d inance 1161 on FIRST READING .
Mayor Swaim related that the majo r change proposed is that the
max i mum limi t wi ll i ncrease from ten thousand to twenty thousand
r egarding sea l ed b i ds. He stated that the po licy fo r quotes and
telephone bids are still regulated and that it provides fo r a 25%
deviation in the approp r iated project costs.
City Attorney
that it also
do l lars has
part icipation
Bamburg concurred with the two ma j or changes , add i ng
includes that any bid over seventy-five thousand
language in the bidding document regarding
o f sma l l minority and women busi n ess enterprises .
ROLL CALL : Aldermen Elliott , Smith , Lewis , Sansing , Wilson ,
Fletcher , Strou d , Tw i tty and Howard voted AYE . NAY ( 0) . Motion.
received nine (9) affirmative votes , (0 ) negative votes . MOTION
CARRIED .
Alderman Wilson moved , seco n ded by Alderman Stroud to suspen d the
rules and place Ordinance 1161 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith , Lewis, Sans i ng , Wilson, Fletche r , Stroud ,
Twitty and Howard voted AYE . NAY (0). Motion received nine (9)
affirmative votes , (0) negative votes . MOTION CARRIED.
Al derman Smith moved , seconded by Alderman Wilson to further
suspend the ru l es and place Ordi nance 1161 on THIRD AND FINAI.
READING. ROLL CALL : Aldermen Elliott, Smith, Lewis , Sansing,
Wilson , Fle tcher, Stroud , Tw itty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes ..
MOTION CARRIED.
Alderman Elliott moved , seconded by Alderman Stroud to APPROVE ~>
ADOPT Ordinance 1161 . ROLL CALL : Aldermen Elliott , Smith, Lewis 1
Sansing , Wi lson , Fletch er , Stroud , Twitty and Howard voted AYE . NA Y
( 0) • Motion received nine (9) affirmative votes, (0) negativE~
votes. MOTION CARRIED.
Alderman Sansing moved , seconded by Alderman Lewis that the
EMERGENCY CLAUSE be APPROVED AND ADOPTED to Ordinance 1161. ROLL
CALL : Al dermen Elliott , Smith , Lewis, San sing , Wilson , F l etcher ,
Stroud , Twitty and Howard voted AYE . NAY (0). Motion received n i m~
(9) affirmative votes, (0) negative votes. MOTION CARRIED .
10
0001.07
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P.M. - 8 :25 P .M.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1161 THIS THE 6 TH DAY OF
SEPTEMBER 2001.
d . ORDINANCE 1159 (#13-01)
AN ORDINANCE AMENDING JMC §13 .16 .010; MODIFYING OUTSIDE THE CITY
BULK RATE WATER USAGE RATES; DECLARING AN EMERGENCY; AND, FOR
OTHER PURPOSES .
Alderman Smith moved , seconded by Alderman Stroud that Ordinance
1159 be placed on FIRST READING . ROLL CALL: Aldermen Elliott ,
Sm i th, Lewis , Sansing , Wilson , Fletcher, Stroud, Twitty and Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes . MOTION CARRIED. Whereupon, City Attorney Bamburg
read the Ordinance.
Alderman Smith moved , seconded by Alderman Wilson to dispense with
the reading of Ordinance 1159 in its entirety. ROLL CALL: Aldermen
Elliott , Smith , Lewis, Sansing , Wilson , Fletcher , Stroud, Twitty
and Howard voted AYE . NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED.
Alderman Wi l son moved , seconded by Alderman Stroud to approve
Ordinance 1159 on FIRST READING .
Water Commission Ch airman Mr. Thad Gray addressed the City Council
relating that the proposal is based on an event that occurred two
years prior with t h e r i pple rate increase effect . He related that
the City of North Litt l e Rock did not raise the full effect , but
began a roll back. He pointed out that previously Little Rock and
North Little Rock charged 150%, while Jacksonville charges 1 25 % to
its bulk rate outs i de City users . He stated that the bulk rate
use r s are Furlow , Bayou II , Ci ty of Cabot . He then related that
the City of Cabot uses approx i mate l y 2 1 % water volume, Furlow is
4%, Bayou II is 4% of Jacksonville 's water systems. He stated that
the Comm i ssion would like to have the option to negotiate a bulk
rate contract with its bulk rate users. He stated that the
Comm ission has asked these parties to partner regarding a future
transmi ssion line that would tie into Central Arkansas Water . He
re l ated that Litt l e Rock and North Little Rock are now merged
effective July l 5 t 2001 , Central Arkansas Water is undergoing a rate
study , and h ave conducted a pre l iminary rate study which will be
voted on in the coming month. He stated that the Commission would
like the opportunity to n egotiate rates wi th partners to roll back
the rate . He stated that it is only an option and does not
g u arantee that it would be done but would be in the best i nterest
of the City. He related that the City of Cabot has started its own
water we l ls but are l imited to 3 million gallons. He stated that
11
0001.08
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P .M. -8:25 P.M .
City of Jacksonvi lle Wa t er Ut ility wi l l supplement a minimum amou nt
of 2 5 ,000 ga ll ons pe r day in order to keep the line c l ean between
Ca b ot a n d J acksonvi lle . He stated it is nom i nal a mo un t compared
to their peak usage o f 250 ,000 gallons . He stated that Furlow and
Bayo u II have been consistent in their water use.
Mayor Swaim clarified that this would not change the existing
po l icy provided to inside or outside the Ci ty retail customers on a
sin gle line. He stated tha t it would be advan t ag eous to the Ci ty
of Jacksonville to have partn ers share i n the costs o f const r uctin g
a large t r ansmission line
I n response to a question p osed by Al derma n Sansin g , Mr. Gray
re l ated that currently al l contracts inc l ud i ng t he cont r act
Jacksonville is on with Central Arkansas Water allow for f uture
eve nts that might effect the rate charged.
Mayo r Swaim pointed out that a ny rate increases would be addressed.
before t h e Ci ty Council.
RO LL CA LL: Aldermen Elliott , Smith, Lewis , Sansin g , Wi lson ,
Fl e tcher , Stroud , Twitty and Howard voted AYE. NAY (0). Motion
received nine (9) affi rmative votes, (0 ) negative votes . MOTIO~I
CARRIED.
Alderman Fletcher moved , seconded by Alderman Wi l son to suspend the
rules and place Ordi nan ce 1159 on SECOND READING. ROLL CALL:
Aldermen Elliott, Smith, Lew i s , Sans i ng , Wilson , Fletcher , Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED .
Al derman Stroud moved , seconded by Alderman Wilson to f urthe r
s usp end the ru l es and place Ordinance 1159 on THIRD AND FINAI~
READING. ROL L CALL: Aldermen Elliott , Smith , Lewis , Sansing,
Wilson, Fletcher, Stroud , Twitty and Howard voted AYE . NAY (0).
Motion received nine (9) affirmative votes , (0) negative votes ..
MOTION CARRIED.
Alderman Fl etcher moved , seconded by Alderman Wilson to APPROVE Am)
ADOPT Ord i nance 1 159 . ROLL CAL L : Aldermen Elliott , Smith , Lewis,
Sansing , Wilson , Fletcher , Stroud, Twitty a nd Howard voted AYE . NAY
(0). Motion received nine (9) affirmative votes , (0) negativ •~
votes . MOTION CARRIED .
12
000:109
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P.M . -8:25 P .M.
Alderman E lliott moved , seconded by Alderman Smith that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen
Elliot t , Smi th, Lewis , Sansing, Wilson , Fletcher , Stroud , Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes . MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1159 THIS THE 6 ™ DAY OF
SEPTEMBER 2001.
Alderman Wilson expressed a debt of gratitude to the Water
Commission and its staff regard ing their efforts to ensure water
for many year s f or the Jacksonville community.
e . DISCUSSION regarding SOLICITATION BAN
Alderman Stroud related attempts to l e v el the playing field between
itinerate merchants and local merchants. He stated that it has not
been successful thus far and has been informed by the Ci ty Attorney
that the City cannot charge itinerate merchants more for a
pr i vi l ege tax than a local businesses. He stated that after much
discus sion the Committee is proposing t o place an outright ban on
al l i tin erate merchants .
City Attorney Bamburg related that the Comm ittee had discussed an
outright ban applied solely to those that are located outside t h e
City regardi ng their bus i ness license , adding that unfortunately
the law does n ot g r ant that authority to cities . He then related
that the l aw will allow t he City Council to consider an outright
ban o n door-to -door solicitation excluding religious organizations
because i t i s a constitutional privilege. He stated that the City
c an limit the hours re ga rdi ng solicitation of religious materials
given reasonable t i me frames . He stated that the ban would have to
apply to any other company or business local or national. He
related that Alderman Stroud had spoken about t he possibility o f
allow in g non-profits to solicit on a door-to-door basis wh ich would
allow for the Gi r l Scouts or schoo ls to raise funds , along with
some of the local sports. He related that this is a gray area that
he i s trying to get a clearer def i nition on , adding that t here may
be some problems in even allowing that . He requested guidance f r om
the Council regarding the aforementioned guidelines.
Alde rman Fletcher questioned the possibility of using terminology
to define t r aveling merchants as opposed to an established merchant
that operates a business 365 days a year regarding the fee charged .
13
0001.1 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7 :00 P .M. -8:25 P .M.
City Attorney Bamburg stated that it would be a vio l at i on of the
Commerce Clause to make distinctive differe n ce between those that
are established bus i nesses and those that may come in for a short
period. He related that the classificat i on can not be designated
on period basis . He related that there are certain classifications
that can be upheld, pointing out th a t the City would have to
identify and factor those different l y than what is being indicated.
Discus sion ensued regarding a n outright ban with the exception of
non-profit groups and the distinction between non -profits and
charitable organizat i ons .
Alderman Smith suggested that it be brought back to the Council
when the gray area is more clearly defined rega r ding a package that
would only allow religious and non-profit can go door-to -door .
City Attorney Bamburg clarified the inclusion of non-profits to be
al l owed to go door-to-door .
Alderman Stroud commented on the safety, nuisance and security
issues involved door -to -door solic i tat i on, adding tha t provision
for the farmers market is in place with an established area. He
stated that if considerat i ons a r e made for charitable and religious
organ i zat i ons i t would satisfy the Comm ittee 's objectives.
Further discussion ensued and it was determined that non-profits or
religious organizations would not be required to register with the
City.
City Engineer Whisker addressed enforcement of non -profits, saying
that it is going to be difficult because of the volume of magazin e
companies that want to sell for dif f erent reasons.
City At t o rney Bamburg clarified that there is no distinction
between charitable a n d non-profit.
Mayo r Swaim related that he and Alderman Stroud have spoken to Mar k
Hays r egarding guidance and Mr. Hays stated that wants t o discuss
the issue with City Attorney Bamburg regarding the legal issue .
Discussion ensued regarding specific legislation to address
specific undesirab l e situations .
Alderman Fletcher stated that as times have changed , res i dents n o
longer want to be solicited at their front door. He t hen r e marked
that non-pr ofit organizations should con sider an o n location type
fund raisers rathe r than door to door solicitation. that .
14
f . ORDINANCE 1162 (#16-01)
0002:11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7 :00 P .M. -8:25 P .M.
AN ORDINANCE CREATING JMC §2.04 .011 ; DECLARING A REGULAR PRACTICE
FOR CITY COUNCIL MEETINGS AS TO THE READING OF ALL ORDINANCES AND
RESOLUTIONS DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES.
Alderman Wilson move d, seconded by Alderman Stroud that Ordinance
1162 be placed on FIRST READING. ROLL CAL L: Aldermen Elliott ,
Smith , Lewis , Sansing , Wi l son , Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). Motion received nine (9) affirmative votes, (0)
negative votes. MOTION CARRIED. Whereupon, City Attorney Bamburg
read t he Ordinance.
Alderman Wilson moved, seconded by Alderman Stroud to dispen se with
the readi ng of Ord i nance 1 162 in its entir ety. ROLL CALL : Aldermen
Elliott , Sm i th , Lewis , Sansing , Wilson , F l etcher, Stroud , Twitty
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes. MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Wilson to approve
Ord i nance 1162 on FIRST READING . ROLL CALL : Aldermen Elliott ,
Smith , Lewis , Sansing , Wilson , Fletcher , Stroud, Twitty and Howard
voted AYE . NAY (0). Motion received nine (9) affirmative votes,
(0) negative votes. MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Howard to suspend the
rules and place Ordinance 1162 on SECOND READING . ROLL CALL :
Aldermen El l iott , Smith , Lewis , Sansing , Wilson , F l e t cher , Stroud ,
Twitty and Howard voted AYE. NAY (0). Mo t ion received nine (9)
affirmative votes, (0) negative votes . MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Wilson to further
suspend the rules and place Ordinance 1162 on THIRD AND FINAL
READING . ROLL CALL: Aldermen Elliott, Smith, Lewis , Sansing ,
Wi l son , Fletcher , Stroud, Tw i tty and Howard voted AYE. NAY (0).
Motion received nine (9) affirmative votes, (0) negative votes.
MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Lewis to APPROVE AND
ADOPT Ordinance 1 1 62 . ROLL CALL: Aldermen Elliott , Smith, Lewis,
Sansing , Wilson , Fletcher, Stroud , Twitty and Howard voted AYE. NAY
(0). Motion received nine (9) affirmative votes, (0) negative
votes . MOTION CARRIED.
Alderman Elliott moved , seconded by Alderman Wi l son that the
EMERGENCY CLAUSE be approved and adopted. ROLL CALL: Aldermen
Ell i ott , Smith , Lewis , San sing , Wilson , Fletcher, S t roud , Twitty
15
0001.1.2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6, 2001
7:00 P .M. - 8 :25 P.M.
and Howard voted AYE. NAY (0). Motion received nine (9)
affirmative votes, (0) negative votes . MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 116 2 THIS THE 6TH DAY OF
SEPTEMBER 2001 .
g . DISCUSSION REGARDING DISPOSITION OF A PORTION OF PROPERTY AT
HWY 161 AND SCHOOL DRIVE
Mayor Swaim related the long time ( 30 -years) paved cut across
regarding the area o f School Drive and Hwy 161 for the "Y" t ype
intersection , adding that t he adjoining property owner has fenced
the a r ea off . He stated that the City has written letters to no
avai l and i s now bring the item for discussion and to let the City
Attorney explain what the options are for moving forward .
City Attorney Bamburg stated t h at g i ve n the adjacent property owner
has fenced the property and ignored letters from the City regarding
t he r emova l of t h e obstacl es to allow the area to return to public
use , some form of l itigation is necessary to f orce the
circumstances . He stated that the City Council can either choose
to condemn , or s i nce it has been used as a restrictive easement fo r·
approximately 30 -years the City can choose to go to the court and
ask for a declaratory judgment . He related that the Court could
orde r that the obs t acles be removed , adding that failure to do so
at t hat point would be a contempt the Court Order and the person
wou l d be subject to the fines, penalties and/or incarceration if
the Judge so decreed.
Mayor Swaim noted that the condemnation process would be more
l e n g thy.
City Attorney Bamburg stated that along with the request for a
dec l arato r y judgment the City could request injunctive relief and
ask the court to issue that order fairly qu i ckly.
Alderman Wilson moved , seconded by Al derman Stroud to proceed with
the declaratory order . MOTION CARRIED .
h. Request to Accept Bid for HOPE Pipe
Mayor Swaim related that t h e pipe is proposed for a drainage ditch
and t he estimated cost exceed t he $1 0,000.00 l i mited .
Alderman Wilson moved, seconded by Alderman Stroud to accept th•~
low bid for $12,k025.30 with funds to be drawn from the Drainag•~
Fund. MOTION CARRIED.
16
CITY OF JACKSONVILLE 000113
REGULAR CITY COUNCIL MEETING
SEPTEMBER 6 , 2001
7 :00 P .M. -8:25 P .M.
i. Request for Matching Funds for Police Grant .
Mayor Swaim related t he opportunity to apply for a grant through
the Legal Law Enforcement Block Gant i n the amount of $45 ,845 .00 ,
adding that City 's matching amount would be $4 ,585.00 . He related
t ha t th is is a much needed improvement for the Police Department ,
pointing out that at the present time Cr i me statistics are entered
and gathered on ant i quated sof tware and hardware. He stat ed that
the grant wi l l al l ow the Police Department to improve that process .
He explained that t h is is an up f ro n t gran t meani n g that the City
will receive the funds in advance instead of app l y i ng for a
reimbu r seme n t , addi ng that it is required that if any interest is
drawn on the funds it is to be spent and should be included as part
of t he motion.
Alderman Wilson moved, seconded by Alderman Elliott to approve
$4,585 .00 plus interest in matching funds regarding the LLEBG
grant. MOTION CARRIED.
APOINTMENTS :
Alderman Wilson moved, seconded by Alderman Fletcher to approve the
appointment of Tammy Green to the Planning Commission for a term to
expire 01/01/2003. MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Wilson to approve the
appointment of William Montgomery Tammy Gree n to the Planning
Commission for a term to expire 01/01/2003. MOTION CARRIED .
ANNOUNCEMENTS : E l derly Activ i ty Center Carnival will be Saturday
September 8 , 2001 from 9:00 a.m . to 1 :00 with a pancake breakfast
being served at 7:00 P.M.
City Clerk Susan Davitt announced that Deputy Clerk Melanie Green
would be moving to Georgia wi t h her husband within the week , making
this her last City Council meeting .
ADJOURNMENT:
Mayor Swaim without objection
approximately 8:25 p .m .
Respectfully ,
1 7
adjourned the meeting at
MAYOR T~MMY SWAIM
000:1'14 City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
SEPTEMBER 20, 2001 7:00 P .M.
1. OPENING PRAYER :
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Engineering Department)
6 . WATER DEPARTMENT:
Regular City Council Meeting
September 6, 2001
Regular City Counci l Meeting
August 16,2001
Regular Monthly Report/August
Police Chief Hibbs
Regular Monthly Report/August
Fi re Chief Vanderhoof
Regular Monthly Report/August
City Engineer Jay Whisker
7 . WASTEWATER DEPARTMENT :
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT :
11. PARKS & REC DEPT :
12. PLANNING COMMISSION:
13. GENERAL:
14. APPOINTMENTS:
15 . ANNOUNCEMENTS :
ADJOURNMENT
a . ORDINANCE 1163 (#17-01):
Comcast Cable Fra nchise Agreement
(Mayor Swaim)
b . ORDINANCE 1156 (#10-01)
Restriction of Solicitation
(Mayor Swaim)
c. Informational Presentation by
Director of Administration Murice Green
(Mayor Swaim)
0001.15
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 2 0, 2001
7:00 P .M. -7 :40 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
September 20, 200 1 at the regular meeting place of the Council. Alderman Ray
deliver ed the invocation and Mayor Swaim l ed a standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL : Aldermen : Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Twitty and Howard
answered roll call . Mayor Swaim also a n swered ROLL CALL declaring a quorum. Aldermen
Lewis, and Stroud were absent. PRESENT eight (8), ABSENT (2).
Others present for the meeting we re: City Attorney Robert E. Bamburg , Deputy City
Clerk Teresa Carter , Director of Administration Murice Green , City Engineer Jay
Whisker , Public Works Director Jimmy Oakley , Finance Director Paul Mushrush ,
Purchasing Agent C .J. Brown , Parks and Recreation Director George Biggs , Parks a nd
Recreation Ass i stant Patty Walker, Police Chief Hibbs , Fire Chi ef Vanderhoof ,
Comcast Representatives , Mrs . Judy Swaim, Mrs . Edith Smith , Mrs . DeDe Hibbs , Mrs .
Addie Gi bson, interes t ed citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of September
6 , 2001 f or approva l and/or correction at the next Regular City Co uncil Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith mo ved, seconded by Alderman Howard that the minutes of the Regular
City Council Meeting of 16 August 2001 be APPROVED . MOTION CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray that the Regular Monthly Report
for August be APPROVED. August Report reflects; Total Value of Reported Stolen
Property $87,968.00, Total v alue of Recovered Stolen Property $43,320 .00, Total
Report Sales $342.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly
Report for August, which reflects a fire loss of $25,400 .00, and. a Savings Total of
$347,600.00 .
REGULARLY MONTHLY REPORT/CODE ENFORCEMENT
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular Monthly
Report for August 2001 .
PERMITS/LICENSE ISSUED
Building Permits 14
Business License 11
INSPECTIONS PERFORMED
Bldg . Inspections 65
HVACR 42
Electrical
Plumbing
CONDAMNATION
97
77
Maint . Letters 2 0
Repairs Made 3
Demolitions 5
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Pro p. Maint. Letters
Pro perty Repairs Made
Cost for August
1
284
39
125
14
0
0
$5,969.98
000116
PROPERTY ADDRESS
312 E. Main Street
6016 S . Hwy 161
8000 S. Hwy 161
10,000 S. Hwy 161
118 W. Valentine Rd. Lot 11
317 W. Valentine
4016 S. Hwy 161
107 Central Ave.
108 Pulaski Dr.
105 West Ave.
117 Joiner Ave .
103 Faulkner
137 North Ave.
510 Ray Rd.
1224 Church St .
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2001
7:00 P .M. -7 :40 P.M.
ACTION TAKEN
DEMOLISHED
Demolition
Remodel
Property in Bankruptcy Court
Remodel
DEMOLISHED
DEMOLISHED
DEMOLISHED
Remodel
Remodel
Remodel
Remodel
Under contract for demolition
Under contract for demolition
DEMOLISHED
%C OMPLETE
100
90
100
1 00
100
100
100
100
20
0
70
1 0 0
ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray, Wilson, Fletcher, Twitty and
Howard voted AYE. (0) voted NAY. MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION:
GENERAL: a. ORDINANCE 1163 (#17-01)
AN ORDINANCE AMENDING ORDINANCE NOS. 234, 402, AND 546; PROVIDING RENEWAL OE' A
FRANCHISE AGREEMENT FOR CABLE COMMUNICATIONS SERVICES ; PROV IDING FOR COMPENSATION
THROUGH A FRANCHISE FEE TO THE CITY; AND, FOR OTHER PURPOSES.
Mayor Swaim related that Ordinance 1163 is being considered for the second reading .
Alderman Ray moved , seconded by Alderman St roud to suspend the rules and place
Ordinance 1163 on SECOND READING. ROL L CALL: Aldermen Elliott , Smith, Sansing, Ray ,
Wilson, Fletcher , Twitty and Howard voted AYE. NAY (0). Moti on received eight (8)
affirmative votes, (0) negative votes . MOTION CARRIED.
Alderman Wilson moved, seconded by Al derman Howard that Ordinance 1163 be Approved
on Second Reading.
Mayor Swaim recognized Comcast Representative Mr . Mike Wilson .
Mr. Wilson Vice President of Corporate Affairs introduced the management team for
Comcast . He introduced Ronnie Galvin as Vice P r esident and General Manager, Pam
Glover Customer Service Manager, Betty Farris Hum an Resource Manage r, and Mark
Gardner Director o f Technical Operations . He stated that together they culminate
in over 10 0 -years experience in cable television. He then stated that they are
pleased to announce that the 50 -million dollar cable telecommunication system
upgrade in Central Arkansas has been completed. He related that Com cast has
i nvested approximately $600 .00 per subs c riber, totaling 3 .4 million pro j ect dollars
in the City of Jacksonville. He related that the four -year project wa s has been
concluded one-year ahead of schedule due to the hard work of 190 employees and over
200 outside contractors hired for the project.
2
0001.~7
CITY OF JACKS ONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2001
7:00 P .M. -7 :4 0 P.M.
Mr . Ronnie Galvin addressed the Council stating that essentially the upgrade means
better picture quality for the citizens of Jacksonvil le , pointing out that 1900
customer cable service lines were replaced. He stated that the upgra de will
provide more a dependable cable system featuring 2 -3 hour battery backup on all
power supplies in the case of a power outage. He stated that it a l so means more
channels; saying t hat last year three new channels have b ee n added including Fox
News and that Comcast is looking forward to adding the Outdoor channel in Novembe r .
He re lat ed that t he upgrade also mea n s the availabil i ty of new produ cts , pointing
out that Jacksonville has the same channel lineup that Little Rock and North Little
Rock have , along with the recently launched high-speed data service . He stated that
the upgrade offers Jacksonvil l e c i tizens the same channels , Internet service , and
technical capacity that is found in any of the larger cities such as New York . He
stat ed that they have also made a l o t of service improvements and employs a
customer service trainer that trains every new customer service employee . He
stated that the service representatives department has over 50 employees to answer
phones to provide a standard to answer phones on time and take care o f the
customer . He r elated that Comcast also has a technical trainer that is responsible
for training all new technical employees , pointing out that it takes a whole new
skill set n e eded to wo r k on customers computers installing software. He said that
it i s a much more complicated installation than it was f i ve years ago.
Mr. Wilson r eaddressed the Council saying that Comcast is working with all
emp l oyees t o i mprove the level of service provided , adding that given the scal e of
the upgrade pro j ect there may have been some areas missed . He then stated that as
the project concludes , Comcast is very interested in customer fee dback so the last
step is to send a questionnaire to a l l Comcast customers in Jacksonville as an
opportunit y to i dent ify any unresolved issues. He reviewed questions proposed for
the questionnaire.
In response to a ques t ion from Alderman Smith , Mr . Wilson related that Comcast is
working with Mrs. P erkins regarding unresolved issues and should be concluded by
Mo nday .
Alderman Sansing related t hat subst andard customer issues were d iscu ssed at the
previous City Coun cil meeting and asked what Comcast has planned to keep the
citizens of Jacksonville from f eeling like a stepchild to Comcast when it comes to
c ustom er service.
Mr . Wilson responde d that one of t he first things Com cast is doing is to
continually ask for feedback because the last thing Comcast wants is for any
customer to feel that way. He stated that t hey are commit t ed to providing the
highest level of servi ce. He stated that Comcast has trainers that are working
wi th a l l customer service representatives to make sure s t andards are met regarding
answered calls. He s tated that he welcomes any phone cal l from anyone , asking for
the opportu n i ty to al low Comcast to resolve an y issues .
Alderman Twitty stated tha t she is happy with her cable and does not receive ca l ls
from citizens anymore regarding the cable service. She stated that when she
experienced a problem she was able to call Mr. Wilson and have it handled promptly
wi thin one week .
Alderman Fl etcher reminded the Council that he h a d discussed an issue at the
previous meeting and reported that the problem was given immediate attention a nd
resolved by the end o f the nex t business day .
He related that a l ot of progress has been made , remembering that before when it
rained and the ent ire cable system was lost, adding that publicly he would like to
express his appreciation to Mr. Wilson for being available to address service
i ssues .
3
000118
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2001
7:00 P .M . -7 :4 0 P.M .
Alderman Howard concurred regarding a recent issue he experienced.
Mayor Swaim suggested the poss i bility of a local customer contact number to boost
customer confidence .
Mr. Wi l son related that with a local phone number the cal l s would be forwarded to
the Call Center where there is upwards of 25 employees to accept incoming calls.
He related that the concern becomes a bot t l eneck situation that would not result in
impr oved service for the citizens of Jacksonville, addi ng that a citizen might
actually get a busy signal calling the local number. He related that he
understands the perception , but would like the o pportunity to address calls as they
come i nto the Call Center .
Alderman Sansing stated that some of the citizens perceive that we are not getting
equal service.
Mr . Ga l vin stated that many of the custome r service representatives live i n
Jacksonville, so residents are actually talking to their neighbors, adding that he
feels creating a separate phone number would end up being a disservice . He
hypothesized that if a car were to hit a pole and the lines were down in an area of
Jacksonvil l e , Comcast woul d not want them to have one number that would bottle n eck
but be abl e to at least talk to a r epresentative. He stated that he felt like ·the
customer service department can do a better job. He pointed out that there is a
local office in Jacksonville, and that Comcast coul d have a supervisor at the lo~al
off i ce if someone n eeds to speak to a supervisor . He stated that there are
e mployees on site that can make decisions or they could have a supervisor there in
30 minutes . He stat e d that Comcast has a presence in the Community and feels
strongly that they are add ress ing customer needs. He stated that the Comc3.st
number is on the bill, the trucks and on every mail piece g enerated . He re lated
that servi ce calls a re not going out of state but are being answered by
Jacksonville 's neighbors at t he Little Rock office.
Mayor Swaim suggested that the survey include the questions of "how do you rate our
response t i me" a n d "h o w do you r ate our promptness in answering calls".
Mr . Wilson agreed, saying that the phone traffic has been a probl em, and that t hey
have been working non-stop from one problem to another regarding the upgrade or the
ice storm . He stated that it has been a painful process, equating it to the work
bei ng performed on the Int erstate. He said that it h as been an inconvenience , but
unfortunately is the price of progress. He stated that Comcast has hired more
employees to staff the phones, adding that you simpl y cannot touch as many
customers as we have touched and make that many changes with out having some
inconvenience; but added that the good news is that it is over , and the upgrade is
complete.
In response to a question from Alderman Fletcher, Mr. Mark Gardner stated that
there are technicians working in Jacksonvil l e seven-days a week and that the
central dispatch located in Little has radio contact on two frequencies. He stated
that they have gone to a seven-day workweek, splitting shifts so that there are
technicians working till 9 :00 p .m . every night to make themselves avai l able for
customers who wor k and cannot be home till after five . He concluded saying that
they are l ooking all operations regarding improvements.
Alderman Ray stated that he does not have a
he probably pays the highest cable bill
grandchild who l oves the cartoon channels.
to address Comcast .
Mayor Swaim recognized Mr . Russ P e t erson.
4
problem with Comcast Cable; adding that
in Jacksonville for his wife and a
He invited a memb er f r om the audience
000119
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2001
7 :0 0 P .M. -7:40 P .M.
Mr . Peterson s t ated that he had problems whe n he cal l ed Comc a st , saying that they
did not do as p romised . He explained that one empl oye e tol d him to do i t himself .
He went on to say that the representatives who inspected were extremely nice , a nd
said they would report it but nothing carne about . He explained t hat while Corncast
was working in the back yard they broke the electric line , so t he elect ric carne out
and they ended up breaking the Co rnc as t line a nd whe n Comcast put in a new line i t
laid o n the ground in the back yard for approximately fi ve-months.
Mayor Swaim and Mr. Pet erson concurred that h e had response but negative results .
Mr . Peterson stated that out o f the u t iliti es he has dealt wi th , Corncast is at the
bottom of his list . He gave his address t o Mr . Wilson.
Alderman Elliott q uesti on if the customer service number i s understood to be for
al l Corn c ast customers, adding t ha t communication is a key factor i f Corncast i s
going t o u se one ser vice number . He s t ated anothe r problem was f ollowing up
rega rding the contract o rs tha t did not fo llo w up on a s signments.
Mr. Mark Gardner s tated that given the magnitu de of t he up grade , Corncast h ired
outside cont ractor s. He explained that i t was one of t wo choices , 1) hire t wo -
hund red in house employees and then lay them off at the end o f the proj e ct o r ; 2)
b ring in contractor s who move aroun d the Country doing that type of work . He said
that sometimes i t i s a c h oice o f le ss er evil s. He related t ha t frequently in
working with contractors you do no t always have all the s cope of control t h a t you
would like , although Comcast tried occasionally contractors would not act as
respo nsibly as Corncast wo ul d have wanted and that is when they made a change . He
stated that as Director of Technical Operations , service problems are his a nd
e ncourage d anyone having a probl em to call . He stated that all processes are being
l ooked at regarding improvement and that they are open f or suggest ions . He then
sa id that a cable l ine should not lie o n the ground for five-mo nths and those are
the type of issues t he y are addressing, to ensure t hat does not happen i n the
future .
In r espons e to a question from Al d erman Fl etcher, Mr. Gavin related that Corncast i s
providing the In tern e t address on the survey and a re looking to the Internet to
help with communication improvements.
RO LL CALL : Aldermen Elliott , Sm i th , Sansing , Ray , Wilson , Fletche r, Twitty a n d
Howard voted AYE . NAY (0). Motion received eight (8) affirmative votes, (0)
negative votes. MOTION CARRIED .
Alde rman Elliott moved, seconded by Al derman Smith to f urther suspend the rules and
p lace Ordinance 11 63 on THIRD AND FINAL READING. RO LL CALL : Alderme n E lliott,
Sm i th , San sin g , Ray , Wilson , Fletcher, Twit t y and Howard voted AYE. NAY (0).
Motion received eight (8) affirmative votes, (0) negative votes. MOTION CARRIED .
Alderman Sm i th moved , seconded by Alderma n Ray to APPROVE AND ADOPT Ordinance 1163.
ROLL CALL : Aldermen El liott , Sm ith , Sansing , Ray , Wilson , Fletcher , Twitty and
Howard vot ed AYE . NAY (0). Motion received eight (8) affirmative v otes, (0)
negative votes. MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1163 THIS THE 16th DAY OF
AUGUST 2001.
b . ORDINANCE 1156 (#10-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 5. 1 6; MODIFYING RULES AND
REGULATIONS FOR ITINERANT MERCHANTS AND VENDORS IN THE CITY OF JACKSONVILLE;
DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES.
5
0001.20
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 20, 2001
7 :00 P.M . -7:40 P.M.
Mayor Swaim prese nted the Ordinance as i n formationa l and proposed action be
postponed pending additional information from Municipal League.
City Attorney Bamb u rg r elated that Alde r man S tro u d h ad re q ueste d a possible
outri ght ban regarding out of town solicitors on a door -to -door basis a nd tad
f urther requested inf o r mation and as sistance from the Municipal League . He stated
t hat in talkin g with Municipa l League attorneys they off ered to gather material and
sampl e ordin ances but were unable to have t hat availab l e in t i me fo r inclus i on in
tonight 's material. He stated t hat he has provided a draft ordinance regardin g
in f orma tion previous l y discussed by the Council and made the requested changes
provided by Al derman Str oud. He point ed out t h a t the c h anges invol ve not all owi n g
any type of solici tor 's p e rmit within the City of Jacksonville unless the solici tor
has a current busin ess l ocation , adding that it also provides an exclusion f or non -
profit , educa t iona l, rel i giou s circumstan ces with the exception that those
solici tat ions would not occur from 6 :00 p .m. to 9 :00 a .m. on a da i ly ba sis . He
asked the City Council to review the information , adding that mate r ial from the
Munic i pal League should be available for the next meeting.
I t was t he general consensus of the Ci t y Counci l to post pone action pending rece i pt
of the additi onal information f rom Municipal League .
c. 101 PICTURES OF WAR PRESENTED BY DIRECTOR OF ADMINISTRATION MURICE GREEN
Mayor Swaim r elated that with t he recent drastic events regarding the World Trade
Center Towers , Mr. Green has assembled a presentation for Council viewing .
Mr. Green shared per sonal thoughts with the City Counci l, saying that he hoped the
present ation would not offend anyone ; but feels the presentation is wo r thy of
sharing. He stated that patriotism is runni ng high and eve r yone is waving o u r
f l ag , but t h at thi s is nothing new for the many who have given their lives in the
histor y of our nation . He said that the presentation is a reminde r of those 'dho
have served and died for our freedom and maybe a gli mpse of what lie s ahead in the
f utu re .
The City Counci l v i ewed 101 wart i me pictures beginning with the Civil War and
ending with the commercial plane s crashing into the World Trade Center Towers.
ANNOUNCEMENTS : Mayor Swaim re l ated that President Bush would be speaking at 8 :00
p .m. on nationa l TV and encour aged eve r yone to view the president. I n
rela tionship to that , h e related tha t City Ha ll
hosted a noon pra yer servi ce on Wednesday, expressing appreciation fo r those
partic ipating . He t h en re l ated that on Monday evening a service was held at t h e
Vete r an 's Memorial that was able to raise $1 ,600.00 in donat i ons. He stated tha t
both events were successful. He then related that $20 ,000 .00 was raised by loca l
radio stations to support the r e lief efforts. He stated that Jackson ville is ve r y
p r oud to h ave the milita r y in the comm unity and are sadden at recent events .
The City Council expressed appreciation for the City efforts regarding pub l ic
services h onoring America .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :40p.m.
6
...--.....
City Council Of Jacksonville , Arkansas 0001.2 1
AGENDA
Regular City Council Meeting
OCTOBER 4, 2001 7:00P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVAL AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
(Animal Control)
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT :
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMM ISSION:
14 . GENERAL:
15. APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
a .
Regular City Council Meeting
September 20 , 2001
Regular City Council Meeting
September 6, 2001
Regular Monthly Report/September
Director of Public Works Jimmy Oakley
Dedication of the Paul Shireman Baseball
Field at Dupree Park (Mayor Swaim)
ORDINANCE 1164 (#18 -01)
Condemning property at 1 05 West Ave .
and 117 Joiner Street (Mayor Swaim)
b. City Network Presentation by Clear Pointe
Technology G roup (May or Swaim)
0001.Z2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2001
7 :00 P.M. - 7 :29 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Council of the City o f J ack sonv ille, Arkansas met i n Regular
Sess i on on October 4 , 2001 at the regu l ar meet i ng p l ace of the Council.
Mayo r Swaim delivered t he invocat i on and led a standing audience in the
"P l e d ge of Al l egiance u to the flag .
ROLL CALL : Aldermen : Elliott, Smith , Lewis , Sansing , Ray , Wilson ,
Fletcher, Stroud, Twit t y and Howard answered ro ll ca l l. Mayor Swaim also
a nswe r ed ROLL CA LL declaring a quo r um . PRES ENT ten (10), ABSEN T (0).
Others present for the meet i ng were: City Attorney Robert E. Bamburg ,
Deput y City Cl erk Tere s a Car ter , Director of Administrat i on Murice Gr een ,
Ci t y Eng ineer Jay Whisker , Di recto r o f Publi c Wo r ks Jimmy Oakley,
Computer Systems Administrator Barbara Daniel , Finance Director Paul
Mus hrush, CDBG Direct or The r esa Watson , Police Chief Hibbs , Fi re Ch i ef
Vanderhoof, Parks and Recreation Di rector George Biggs , Parks Ass i stant
Admini s trato r Patty Walker, Mrs. Judy Swaim, Mrs. DeAnna Swaim Carpenter
and Emma Ca r penter, Mrs . DeDe Hibbs , Mrs. Edith Smith, Mrs . L i ndy Lewis,
i nterested citizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minut es of the Regular City Counci l Meet i ng of
September 20 , 2001 for approval and /or correct ion at the next Regular City
Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Wilson moved, seconded by Alderman Howard that the minutes of'
the Regular City Council Meeting of 06 September 2001 be APPROVED .
MOTION CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman El l iott to APPROVE thE~
monthly Animal Control Report for September 2001. Report reflects thE~
following:
REVENUES ................................................... $
CONTRIBUTIONS .................................... $
ADOPTIONS/FINES .............................. $
TOTAL ............................................................ $
599 .50
0.00
599.50
599.50
ROLL CALL : Elliott, Smith, Lewi~ Sansing, Ray , Wilson, Fletcher, Stroud ,
Twitty and Howard voted AYE. (0) voted NAY . MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT :
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2001
7 :00 P.M . - 7 :29 P.M.
PARKS & RECREATION: Dedication of Baseball Field at Dupree Park
I tem wi l l b e h e l d for t he Oc t obe r 18th Ci t y Council Me e tin g .
PLANNING COMMISSION :
GENERAL : a. ORDINANCE 1164 (#18-01)
AN ORDINANCE CONDEMNING THE STRUCTURES AND REAL PROPERTY AT THE VARIOUS
UNINHIABITED LOCATIONS LISTED BELOW LOCATED WITHIN THE JACKSONVILLE
ARKANSS , FOR STRUCTURAL DEFECTS, CODE VIOLATIONS AND PUBLIC HAZARD
CONDITIONS, DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES.
Mayor Swaim re l ated that t he ordinance add resses the condemnation of two
houses in the Sunnyside Areas located a t 105 We s t Avenue and 1 1 7 Joine r
Street .
Alderman Sm i t h moved , seconde d by Alderman Lew i s tha t Ordinan c e 1 1 64 be
p l aced o n FIRST READING . ROL L CALL : Al derme n Elliott , Sm i th , Lewis ,
Sansing, Ra y , Wil son , F l e t cher, Stro ud , Twitty and How a rd vot ed AYE . NAY
( 0) . Motion received ten (10) affirmative votes, (0) negative votes .
MOTION CARRIED. Wh ereupon , Ci ty Attorney Bamburg read the Or dinance
titl e .
Alderman E l liott moved, seconded by Alderman Wi l son to approve Ordi nance
1 1 64 o n FIRST READING. RO LL CALL : Aldermen E l liott , Smith , Lewis ,
Sansing , Ray , Wi l son , Fletcher, Stroud , Twitty and Howard voted AY E. NAY
( 0) . Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Wilson moved , seconded by Al derman Stroud to p l ace Ordinance
1164 on SECOND READING. RO LL CA LL : Aldermen E l liott , Smith , Lewis ,
Sansing, Ray, Wilson, Fletch er , Stroud, Tw i tty and Howard voted AYE . NAY
(0). Motion received ten (10) affirmative votes, (0) negative votes .
MOTION CARRIED. Whereupon , City Attorney Bamburg re a d the Ordinance
titl e.
Alderman Howard moved , seconded by Alderman Smith to further suspend the
rules and p l ace Ordin ance 1164 on THIRD AND FINAL READING. ROL L CALL :
Aldermen Elliott , Smith , Lew i s , Sansing , Ray , Wilson , F l etcher , Stroud ,
Twitty and Howard vot ed AYE. NAY (0 ). Motion received ten (10)
affirmative votes, (0) negative votes. MOTION CARRIED. Whe r e u pon , City
Attorney Bamburg read the Ordinance title .
Alderma n Smith moved , seconded by Alderman L ewis to APPROVE AND ADOPT
Ordi na n ce 1164 . RO LL CALL : Al dermen Elliott , Smith, Lewis, Sans i ng , Ray,
Wilson , Fletcher , Stroud , Twitty and Howard voted AYE. NAY (0 ). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED.
2
000:124 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2001
7 :00 P.M. -7:29 P.M .
Alderman Wilson moved, seconded by Alderman Smith that the EMERGENCY
CLAUSE be ATTACHED to Ordinance 1164. ROLL CALL: Aldermen Elliott ,
Smith , Lewis, Sansing, Ray, Wilson , Fletcher, Stroud , Twitty and Howard
voted AYE . NAY {0). Motion received ten (10) affirmative votes, (0)
negative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1164 THIS THE 4TH DAY OF
OCTOBER 2001 .
In response to a question posed by Alderman Smith, City Engineer Whisker
related t h at the first twelve condem nati ons , which began approximately
four months ago, have been completed. He added that additional letters
were recently mailed and he has already begun to receive feedback. He
es timated that i n approximately forty-five to sixty-days he wou l d present
a new list to the City Council.
b. CITY NETWORK PRESENTATION BY CLEAR POINTE
Systems Administrator Barbara Daniel introduced herse l f, saying that she
is excited about the new system setup. She stated that the Bob Longo and
John Joiner from Clear Pointe Technology Group will conduct the
presentation .
Mr . Bob Longo related that Clear Pointe {formally Custom Micro Systems)
is based from Little Rock. He stated that Cl ear Pointe has supported thE!
City 's network for approximately seven years. He po int ed out that Clear
Pointe has other municipal accounts , saying that they have ta k en the
various different networks and combined them together, putting them o n
the Internet secure l y using the latest techno logie s. He presented a
diagram of the network for the various offices , making City Hall t h e
focal point of secure Internet access. He stated that Jacksonville has a
s t ate o f the art system setting the standards for moving forward,
spending the dollars now for a quality solution in the future. He
introduced Mr. John Joiner the senior most enterprise eng ineer i n charge
o f the City's project.
Mr. John Joiner presented a PowerPoint presentation, saying that it was
his privilege to design the network and bring it together for the City of
Jacksonville. He presented the Council with a Microsoft Case Study
prepared by Clearpoint , which wi ll be showcased at the Microsoft Website
featuring the newest technologies as part of the City of J acksonvi lle
system . He stated that it should generate good publicity for the City to
be recognized by Microsoft as a leader in adopting the new t echno logies.
He related that Clearpoint is the only "Gold Certified Partner" fo:r
Microsoft in the State of Arkansas, adding that this was accomp lished
through hard work and growing the company with good peopl e a nd good
ideas. He stated that Clear Pointe is a formal training cente r for
Microsoft, and a partner with Cisco , Nove l l and APC {manufacturer of
backup power system), pointing out that Barbara Daniel has taken those
classes.
3
0001.25
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4, 2001
7:00 P .M. - 7 :29 P .M.
He went on to say that before being connected t he City of Jacksonville
did n ot have a d a t a corrununications network Citywide, using only the
conventional ways of corrunun i cating between offices such as the telephone ,
fax and radios for the F i re and Police. He pointed out that Internet
access was modem dial-up on individual computers in the various offices,
adding that there was no E-Government because there was nothing tying the
government together electroni cally. He also stated that E-Mail was not
standard, and each department was left to establish some sort of E-Mail
if i t was necessary to their job. He s ta ted that because the City of
Jac ks onville l acked accessibility to the various sit es , Barba ra could not
reach them in a practical manner and had to physically drive to the
different s ites. He stated that Internet secur ity , and anti-virus
protection was on an individual departments basis, which left the
departments vulnerable.
He presented a diagram of the "wide area network" put in place for the
City including the Police , Central Fire Station, Community Development
and the Community Center; pointing out that each locations now has their
own small network connected t o h ubs and routers going into Century Tel
which is the City's frame network and connecting those branches with City
Hal l to t h e f i le server , E-Mail, and f irewall providing secure access to
the Internet .
He presented system characteristics saying that now the City is a
connected government with a continuously available high-band width data
connection between the departments. He pointed out that this allows the
Police, Fire and City Hall to use any communication medium that rides
networks, such as voice co llaborative data, whiteboard, a n d real-time
database . He then related that Internet access is now provided in a
s i ng l e secure conso l idated line for all City depart ments, which is saving
the City over $10 ,000 .00 annually in telephone dial -up lines and
i ndividual internet service provider accounts . He stated that the single
line is not only faster but offer s better security and contro l because it
goes through the firewall. He s t ated that E-Mail is ava i lable to City
employees and that Ms . Daniel is in the process of deploying the base
structure . He stated that Clear Pointe has impl emented some highly
refined automation that allows Barbara to do a very effective job
administering a l l computers around the City . He pointed out that the
City is ready for teleconferencing , telecommuting, and E-Government
initiatives .
He stated that Governor Hu ckabee is very proud of Arkansas be ing an E-
Government pioneer, adding that t he City of Jacksonville is better
qua l ifi ed than any other city in the State for e -government . He stated
that City emp l oyees now h ave a fu l l featured e -mail system with group
scheduling capability regarding meetings, create shared task list , shared
list of contracts, fast internet access to each desk top, and exce llent
security. He stated that the system is a pro-active security system that
is not just defensive but offensive as well . He noted that the tower
equipment features an excellent tape back up library that requires no
human intervention for weeks, backing-up all the data in the City.
4
0001.26
CI TY OF JACKSONV ILLE
REGULAR CITY COUNCIL ME ETING
OCTOBER 4, 2001
7 :00 P .M . -7:2 9 P .M.
Mr. Longo stated that as director of technology at Clear Pointe he has
the opportunity to meet with all the customers and that it has been a
real pleasure working with Barbara throughout the project. He stated
that he watched the City analyze every step before purchases were made,
train at the appropriate times to embrace a quality solution. He
concluded saying it was real pleasure working with the City.
In response to a question posed by Alderman Wilson, Mayor Swaim related
that the total cost of the project including new hardware and software is
not final , pointing out that $100,000 plus was budgeted .
Finance Director Paul Mushrush stated that costs currently are
approximate l y $116,000 , which includes all elements outside the i nitial
set-up.
Mr . Longo pointed out that the City had different phones lines and
different internet service providers, world links, MSN, AOL, plus the
phone lines associated, but now has one centralized high-speed connection
that is saving the City over $10 ,000 annually.
Mayor Swaim related that the City then negotiated with CenturyTel to cut
the phone bill an additional $20, 000 by going to a dial 9 service ,
pointing out that the City is saving on a regular basis the monthly cost.
for the operation.
In response to a question posed by Alderman Elliott, Mayor Swaim stated
that the City is working with Municipal League regarding an Internet home
page plus the City is hooked directly t o the web. He related that thi~;
a l lows for information retrieval from the Municipal League or the
National League of Cities. He referred to a handout provide to thE!
Council , saying that the top story explains that E-tax is going to be
13.3 billion dollars and that municipalities and states are loos i ng out:
on revenues for items sold on the internet.
In response to a question posed by from Alderman Smith, Mayor Swaim
related that the Internet tax moratorium expires October 21 , 2001, but
added that is support for not making the Internet pay tax permanently .
He stated that as Internet sales grow, city sales taxes would decrease,
which will drastically affect revenues.
Discussion ensued regarding effective lobbing , Mayor Swaim stated tha t
municipalities have made presentations i n Washington each yea r in Mar c h
and have met with legislators. He related that one problem is states
such as Oregon that do not charge sales, California and some other large
states (New York State) that support not ever charging tax for th1:!
Internet sales which makes it very difficult for the remaining states to
convince congress that the Internet should be taxed. He related that th•=
Internet is becoming more and more important to the public, including use
to the Internet to augment employee j o bs regarding access to information
and E -Mail.
5
0001.27
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 4 , 2001
7 :00 P .M. - 7 :29 P .M.
Mr . Longo agreed saying that employees with a valid account on the system
have the ability at home to get on line and into the sys t em set up by
Barbara to access their business E-mail account. Secondl y he stated that
the system is hosting multiple E-mail sites and has the ability to bui l d
different E-mail sites on the network . He c l arified that the system is
designed for multiple websi tes to be hosted opening the door for to
crea t e E-government information sites . He presented the Counci l with
handouts including a network diagram.
Mayor Swaim related tha t eventually the City would like to have more
information available on t h e Internet regarding information f or utility
bi l ls , garbage pick and municipal questions.
Director of Administration Murice Green stated support for the year pl u s
project worked b y Ba r bara and Paul, adding that with Mr. Longo and his
group , they have do n e a great job pul ling the system together. He stated
that secondly training by Barbara will be the next consideration
regardin g t he effecti ve use of the new technologies. He explained
difficulty r egardi n g previous web sites fo r Ci ty of Jacksonville
informa t ion.
In response to a ques t ion posed by Alderman Wilson, Ms. Daniel responded
that E -mai l addresse s for City emp l oyees are the first l etter of the
first name followed by t h e entire last name @ City of Jacksonville .net.
APOINTMENTS :
ANNOUNCEMENTS :
Mayor Swaim re l ated that today is his and Judy 's 37th Anniversary ,
he expressed appreciated for his l ove l y wife Judy Swaim .
City Council cheered for Judy.
It was announced that Wi ng Di ng would be Saturday and T-shirt s
cou l d be purchased through the Chambe r of Commerce.
Clean-up i mprovement were noted throughout the City .
ADJOURNMENT :
Mayor Swaim without objection
approximately 7:29 p .m .
Respectfu lly ,
6
adjourned the meeting
~~~. ~YOR TO SWAIM
at
OOO:lZ8
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
OCTOBER 18, 2001 7 :00 P.M.
1. OPENING PRAYER :
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Engineering Department)
6 . WATER DEPARTMENT:
Regular City Council Meeting
October 4, 2001
Regular City Council Meeting
September 20 , 2001
Regular Monthly Report/August
Police Chief Hibbs
Regular Monthly Report/August
Fire Chief Vanderhoof
Regular Monthly Report/August
City Engineer Jay Whisker
7 . WASTEWATER DEPARTMENT :
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
1 1. PARKS & REC DEPT : DEDICATION of Dupree Park
Baseball Field (Mayor Swaim)
12. PLANNING COMMISSION: a. FINAL PLAT: 109 Dennis Lane
(Mayor Swaim)
13. GENERAL:
14. APPOINTMENTS :
15. ANNOUNCEMENTS:
ADJOURNMENT
b . ORDINANCE 1166 (#20 -01 ):
Reclass ifying Property from R-1 to
R-3 in Liberty Subdivision (Mayor Swaim)
a. ORDINANCE 1165 (#19-01):
Annual Millage (Mayor Swaim)
b. Request to Accept Bid : Slab Construction
Animal Control (Mayor Swaim)
c. Request to Accept Bid : Electrical Service
For Recycling Center (Mayor Swaim)
000 129
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7 :00 P.M. -7 :40 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Council o f the City of Jacksonville , Arkansas met in Regular
Session o n October 1 8 , 200 1 at the regul ar meeting place of the Council.
Alderman Lew i s delivered t he invocat i on and Cub Scouts Cody Dixon, Eric
Carter , Brad Mcmora n, Seth Reed , and De j uan Crutchfield l ed a standing
audience in t he "Pledge of Allegiance " to the flag.
ROLL CALL : Aldermen: Elliott, Smith, Lewis , Sansing , Ray , Wilson , Stroud
Twi tty and Howard answe r ed roll cal l . Mayor Swaim also answered ROLL CALL
decl aring a quorum . Alderman Fletcher arrived at approximate l y 7:07 p.m .
PR ESEN T ten (10), ABSENT (0).
Ot he r s presen t for the meeting were: City Attorne y Robert E . Bamburg ,
Deputy City Clerk Teresa Carte r, Director of Administration Murice Green ,
Ci ty Engineer Jay Whisker , Public Works Di rector Jimmy Oakley, Finance
Director Paul Mushrush, Parks and Recreation Director George Biggs, Parks
and Recrea tion Assistant P atty Walker , P&R Chairman Greg Bollen, and
Commissioners John F ortenbury, Curtis Green , Donnie Griggs , Marsha
Do r nb l aser, Mike Annabe l le Davis , Larry Brand , Kathy Brand , Police Chief
Hi bbs , F ire Chief Vanderhoo f, Police Captain Baker , Mrs. Judy Swaim, Mrs .
Edi th Sm i th, Mrs. Helen Stroud , Mrs . De De Hi bbs , Mr s. Addie Gibson,
interested citizens and members of t he press.
PRESENTATION OF MINUTES :
Mayor Swaim presented t he minutes of the Regular City Council Meeting of
Oc t ober 4 , 2001 fo r approval and/or correction at the next Regu l ar City
Counc il Meet i ng .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 20 September 2001 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Smith that the Regular Monthly
Report for September be APPROVED . Report reflects ; Total Value of Reported
Stolen Property $57 ,712 .00, Total value of Recovered Stolen Property
$23,382 .00, Total Report Sales $256 .00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September, which reflects a fire loss of $44,500 .00, and
a Savings Total of $.00 .
REGULARLY MONTHLY REPORT/CODE ENFORCEMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for September 2001 .
1
0001.30
PERMITS/LICENSE ISSUED
Building Permits
Business License
20
7
INSPECTIONS PERFORMED
Bldg. Inspections 34
HVACR 24
Electrical 48
Plumbing 57
PROPERTY ADDRESS
312 E. Main Street
6016 S . Hwy 161
8000 S . Hwy 161
10,000 S. Hwy 161
118 W. Valentine Lot 11
317 W. Valentine
4016 S . Hwy 161
107 Central Ave.
108 Pulaski Dr .
105 West Ave.
117 Joiner Ave.
103 Faulkner
137 North Ave .
510 Ray Rd .
1224 Church St.
1004 Casey
212 E . Main St.
193 Roosevelt
400 Elm St .
130 Joiner Ave.
204 Roosevelt Rd .
212 Pine St.
107 Roosevelt Circle
149 Pike Ave.
103 Cross St.
122 Pulaski Dr.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7 :00 P.M. -7:40 P .M.
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
CONDEMNATIONS
Maint. Letters
Repairs Made
Demolitions
Cost for September
ACTION TAKEN
DEMOLISHED
Demolition
Remodel
198
18
89
9
11
3
2
$2,825.79
%COMPLETE
100
90
100
Property in Bankruptcy Court
Remodel 100
DEMOLISHED 100
DEMOLISHED 100
DEMOLISHED 100
Remodel 100
30-Day Notice of Condemnation 20
30-Day Notice of Condemnation 0
Remodel 70
DEMOLISHED 100
DEMOLISHED
DEMOLISHED
Structural Maint.
Structural Maint.
Structural Maint .
Structural Maint.
Structural Maint.
Structural Maint.
Structural Maint.
Structural Maint.
Structural Maint.
Structural Maint .
Structural Maint.
Letters
Letters
Letters
Letters
Letters
Letters
Letters
Letters
Letters
Letters
Letters
100
100
ROLL CALL: Aldermen Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
2
000.13 1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7 :00 P.M . -7 :40 P.M .
PARKS & RECREATION : DEDICATION of Dupree Park Baseball Field
Ma yo r Swaim and Parks Director George Biggs related that the dedication of
ball fie ld #5 in honor of Mr . Shireman is a great pleasure.
Director Biggs read the fo l lowing from t h e p l aque "In honor of your
dedication and love for baseball and you r personal cont ribution to its
success i n Jacksonville, Arkansas ; Dupree Park Field #5 will forever be
known as the Paul Shireman Baseball Field designated in your ho n or October
2001 by the Jacksonville Parks a nd Recreation Commission and City Council."
Mr. Shireman stated that he was surprised and overwhelmed . He related a
long love for Baseball , relating that he began wi th the Parks Department
22 -years ago. He thanked everyone saying that he feels very honored.
Mayor Swaim recognized the Park and Recreation Comm issioner s present and
expressed to Mr . Shireman that the City of Jacksonville appreciates hi s
work with J acksonville 's youth.
PLANNING COMMISSION: a . FINAL PLAT 109 DENNIS LANE
City Engineer Whisker related that t he property i s platted regarding street
rights -of-way requi r ements. He related that the property was platted when
the owners requested a commercia l building permit.
Alderman Stroud moved, seconded by Alderman Wilson to approve the Final
Plat of 109 Dennis Lane . MOTION CARRIED.
b . ORDINANCE 1166 (#20-01)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY ADJOINING THE EAST SIDE OF CHAPEL RIDGE
APARTMENTS, STANPHIL ROAD, JACKSONVILLE, ARKANSAS) ; AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE ,
ARKANSAS; AND, FOR OTHER PURPOSES .
Alderman Smith moved, seconded by Alderman Elliott to place Ordinance 1166
on FIRST READING . ROLL CALL: Aldermen Elliott, Smith , Lewis, Sansing , Ray,
Wi lson, F l etcher , Stroud, Twitty and Howard vote d AYE . NAY {0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED
whereupon City Attorney Bamburg read the ordinanc e heading .
City Attorney Bamburg clarified a c h ange in the general location
description and Mayor Swaim relat ed that the property is adjacent t o t he
Chapel Ridg e Apartment Comp l ex off Military Road .
Al de rma n Elliott moved, seconded by Alderman Howard to APPROVE Ordinance
1166 on FIRST READING.
City Engineer Whisker presented the City Council with a vic ini ty map and
related that the rezo n ing would bring the portion of property zoned R-1
into zoning with the surrounding R-3 property . In response to a question
f rom Al derman Wilson , City Engineer Whisker related that t h e proposed
zoning change would go south to Stanphil in the Liberty Subdivision.
3
0001.32
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL ME ETING
OCTOBER 18 , 2001
7 :00 P .M. -7 :40 P .M.
Mayor Swaim pointed out that the street providing access to Military Ro~d
runs t hrough the Liberty Subdivision and will continue into the rezoned
property .
City Engineer Whisker related that the property provides several options
regarding access , saying that one possible connection is Nathan Hale onto
Mil i tary. He stated that he is not aware of the developer 's access plans.
Alderman Wilson expressed concerns regarding the intersection at Stanphil
and Military Road . He ment i oned the possibility of purchasing the house at
the top of the hill to move the road.
Mayor Swaim related previ ous efforts to purchase the home , adding that the
property may have to be condemned. He stated that it has been the City 's
goal to move the intersection to the top of the hill . He added that a~ a
State Highway it wou l d require the Highway Department's permission before
being altered . He related that options regarding cutting the hill were not
feasible for the area residents.
Mayor Swaim stated that additional considerations wou l d be sought regarding
a resolution to the safe t y issues of the intersection.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that i n speaking with the developer he had indicated that the plan is to
provide access through the existing subdivision.
ROLL CALL : Aldermen Elliott , Smith, Lewis, Sansing, Ray, Wi lson , FletchE~r ,
Stroud, Twitty and Howard voted AYE . NAY (0). Motion received ten (:.0)
affirmative votes, (0) negative vo t es. MOTION CARRIED.
Alderman Lewis moved, seconded by Alderman Elliott to suspend the rules and
place Ordinance 1 166 on SECOND READI NG . ROLL CALL : Aldermen Elliott, Smi ·th,
Lewis , Sans ing , Ra y , Wi l son , Fletcher, Stroud, Twitty and Howard voted AYE.
NAY ( 0) . Motion received ten (10) affirmative v o t es, (0) negative votca s .
MOTION CARRIED whereup on City Attorney Bamburg read the ordinance headin g .
Alde r man Stroud moved, seconded by Alderman Elliott to further suspend the
rules and place Ordinance 1 1 66 on THIRD AND FINAL READING . ROLL CALL:
Aldermen E l liott , Smith, Lewis , Sansing, Ray, Wi l son, Fletcher, Stro~d ,
Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirm ative
votes, (0) negative votes . MOTION CARRIED whereupon City Attorney Bamburg
read the Ordinance heading.
Alderman S t roud moved, seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1 1 66. ROLL CALL: Aldermen Elliott , Smith, Lewis, Sansing , Ray,
Wilson , Fletcher, Stroud, Twitty and Howard vo ted AYE . NAY (0). Motion
received ten (10 ) affirmative votes, (0) negative votes . MOTION CARRI :ED.
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1 166 THIS THE 1 8 th DAY OF
OCTOBER 2001.
4
GENERAL: a. ORDINANCE 1165 (#19-01)
000133
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18 , 2001
7 :00 P.M . - 7 :40 P.M .
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL
AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
JACKSONVILLE, ARKANSAS ; FOR THE PURPOSE OF LEVYING ONE (1) MILL AGAINST ALL
REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF JACKSONVILLE ; FOR
THE PURPOSE OF EFFECTING CERTIFICATION TO THE COUNTY CLERK OF PULASKI
COUNTY OF THE TAX LEVIED AND OTHER PRESCRIBED MATTERS PERTAINING THERETO ;
AND , FOR OTHER PURPOSES.
Mayor Swaim cl a rified that Ordinance 1165 does not levy any new tax or
change existin g taxes , but reassess the one mill for Police and one mill
for Fire approved by election . He stated that the Ordinance is provided to
the County annually for assessment collections.
Alde r man Fletcher moved, seconded by Alderman Wilson to place Ordinance
1165 on FIRST READING . ROLL CALL : Aldermen Elliott , Smith, Lewis , Sansing ,
Ray , Wilson , Fletcher , Stroud , Twitty and Howard vo ted AYE. NAY ( 0} .
Motion received ten (10) affirmative votes, (0) negative votes . MOTION
CARRIED whereupon City Attorney Bamburg read the Ordinance heading .
Alderman Stroud moved , seconded by Alderman Lewis to APPROVE Ordinance 1165
on FIRST READING. ROLL CALL: Aldermen Elliott , Smith, Lewis, Sansing , Ray ,
Wi lson , Fle tcher , Stroud , Twitty and Howard voted AYE . NAY (0). Motion
received ten (10) affirmative votes, (0) negative votes. MOTION CARRIED .
Alderman Smith moved, s econ ded by Al derman Lewis to s u spend the rules a nd
place Ordinance 1165 o n SECOND READING. ROLL CA LL: Aldermen Elliott , Smith ,
Lewis, Sansin g , Ray, Wil son, Fletcher, Stroud, Twitty and Howard voted AY E .
NAY (0 ). Motion received ten (10) affirmative votes, (0) negative votes.
MOTION CARRIED whereupon City Attorney Bamburg read the Ordinance heading.
Alderman Sansing moved, seconded by Alderman Stroud to further suspend the
rules and place Ordinance 11 65 o n THIRD AND FINAL READING . RO LL CALL :
Aldermen El l iott, Smith , Lewis, Sans ing , Ray, Wilson , Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). Motion received ten (10) affirmative
votes, (0) negative votes . MOTION CARRIED whereupon City Attorney Bamburg
r e ad the Ordinance heading.
Alderman Stroud moved, seconded by Alderman Ray to APPROVE AND ADOPT
Ordinance 1165 . ROLL CALL: Aldermen Elliott , Sm i th, Lewis , Sansing, Ray ,
Wilson, F l etcher , Stroud Twitty and Howard voted AYE . NAY (0}. Motion
received ten (10) affirmati v e votes, (0) n e gative votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1165 THIS THE 18th DAY OF
OCTOBER 2001.
In response to a question posed by Alderman Wilson , Mayor Swaim re l ated
tha t two-ye a rs after the City stop levying f or real property assessment,
the Ci ty of Sherwood fol l owed suite. It was noted t h at Little Rock , and
North Littl e Rock do assess fo r rea l property tax. He stated that five
years ago the City dropped collection of fi ve-mills regarding property tax.
5
0001.34
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7 :00 P .M. -7 :40 P .M.
b. REQUEST TO ACCEPT BID for Animal Control Slab Construction
Mayor Swaim related that the low bidder has performed a considerable amount
of wo r k fo r the City i n the past , addi ng that the pro j ect was bid three
times because of comp l ications regarding the slab construction.
Alderman Stroud moved , seconded by Alderman Ray to accept the low bid f r om
Lyles Construction in the amount of $36,214 .00 to be drawn from the Capit~al
Improvement Fund . MOTION CARRIED .
c . REQUEST TO ACCEPT BID/Electrical Service for Recycling Center
Mayor Swaim stated that the low bidder is the recommended bid.
Alderman Elliott moved, seconded by Alderman Sansing to accept the low t>id
from Conrade Electric in the amount of $22,834.00 to be drawn from t:he
Capital Improvement Fund. MOTION CARR I ED .
UPDATE ON PROPERTY AT THE INTERSECTION OF SCHOOL DRIVE AND HWY 161
City Attorney Bamburg related that he is waiting to receive a property
appra i sal before proceeding.
In response to a question posed by Alderman Wilson, City Attor ney Bamburg
re l ated that he i s attempting to resolve the issue regarding Mr . Mathews
permission t o a llow publ i c use of the property versus condemning 1:he
property.
Mayor Swaim related that Mr. Mathews has indicated that as owner of t h e
land he feels he should be paid. He stated that if the City chooses to
condemn the property an appra i sal would sti ll be necessar y regarding an
escrow until the court action is settled.
Ci t y At torn ey Bamburg stated that if t he City condemns the prope r ty ·:h e
appraisal amount would be filed with t he registry of the court and the City
wou l d ask for an order of immediate p os session.
Alderman Wi l son questioned i f the fact that t he property has been used for
fo r ty-years as a pub l ic thoroughfare would f i gure into the appraisal.
City Attorney Bamburg stated that is part of the Ci ty's argumen t , but was
unsure as to its affect on t he appraisal.
Discussion ensued regardi ng the requirement of any payment from the City
f or what has been used as a public access, and Mayor Swaim stat ed that the
Mun i cipal League attorneys have stated that the property cannot be taken
without cou r t action. In addition, the City will have to p r ove that the
property has been used as a public access.
OVERPASS CONSTRUCTION
Mayor Swaim relat ed that many of the streets approaching the overpass have
been blocked with t he except of North First Street , adding that it has
caused some concern from me r chan ts i n the area regar ding traffic to their
6
CITY OF JACKSONVILLE
0001 35
REGULAR CITY COUNCIL MEETING
OCTOBER 18 , 2 001
7:00 P .M. -7 :40 P.M .
business. He expla i ned that the detour sign reads "closed to thru
traffic", adding that this has confused area traf fi c and pointed out that
the sign does not mean traffic can not go through to the Methodist Church,
Library or other establishments in that area. He then related the simi l ar
situation for the other end of the street regarding access to the school,
po i nting out that at the present time traffic can sti l l move around the
first barricade but not through the second regarding the children needing
to get to Jacksonville Elementary . He related tha t it would be a n
inconvenient process lasting 1 8 to 24 months, pointing out that anytime
there is constructi on there is con fusion and difficulties in mov ing around.
He stated that the City is working on methods to safeguard t he childre n who
walk to sch ool, noting that there are two crossing guards that work the
intersection on the north and west side and schoo l guards.
Dis cuss i on ensued re garding that better detour signage be considered in an
effort to work with area businesses , i n dicating traffic to loca l b u siness
cou ld proceed through .
Alderman Fletcher requested s ignage regarding illegal discharge of firearms
in the wooded areas inside the Ci ty l imits, mentioning the dangers
associated with the d ischarge of firearms in l ocal wooded areas near
residential housing .
Mayor Swaim related that it is a noted problem during hunting season,
adding that the Police do patrol the areas. He asked Captain Baker to work
with the sign shop regarding areas where signs would b e most effe ctive.
JAMES STREET BRIDGE
In response to comments from Alderman Twitty , Mayor Swaim relate d that City
Engineer Whisker has worked on a proposa l regarding changes to the James
Street Bridge . He stated that the Highway Department has stated that in
order to make changes they wou l d l ike to turn both access roads into one-
way traffic patterns .
City Engineer Whisker concurr ed, saying that the Highway Department
proposed that it will be one-way f rom the Sherwood area to Jacksonville in
a couple of years.
Mayor Swaim stated that the Highway Department rejected a proposal from the
City to add an extra lane at the James Street Bridge in the past, but
stated that the City could return and ask for some relieve to the traff i c
probl em .
Discuss i on ensued regarding City Council attendance to the An nual Highway
Comm i ssion Dinner to express to the Commissioners the needs of Jacksonville
regarding traffic concerns at the James S t reet Bridge.
City Engineer Whisker offered to have area traffic counts b e fore the next
regular l y scheduled City Council meeting .
7
000136
WING DING FESTIVAL
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 18, 2001
7 :00 P .M. -7:40 P.M.
Alderman Wilson stated that the Ci ty enjoyed one of the best Wing Ding
Festiva l s it has hosted, adding that even the weat he r cooperated . He
commended the City in an outstanding job working with the Chamber, saying
that everyone from the Mayor to the Police , Fi re , S treet, and Parks
Department did a great job.
PROPERTY ADJACENT TO JOHNSON PARK ON CHURCH STREET
Mayor Swaim related efforts by the City to purchase a lot on Church Stree t
that backs up to Johnson Park that coul d be used as Pa rk access. He
related that he was able to get a verba l agreement on the property and Ci t y
Attorney Ba mburg is working o n the written agreement. He sta te d t h a t he
wo uld ne ed a u thority t o move forward wi th the purchase .
Alderman Elliott moved, seconded by Alderman Wilson to place an item of
business on the agenda regarding the purchase of a lot on Church Stre:et
adjoining Johnson Park on the agenda . MOTION CARRIED.
Mayor Swaim related that the appraised value of the property is $7 ,500 , and
requested authorization to purchase the property for that am ount plus
c l osing cost .
Alderman Smith moved, seconded by Alderman Stroud to authorize the Mayor to
purchase the property at $7,500 plus closing cost with funds to be drc:Lwn
from Capital Improvement . MOTION CARRIED.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7 :40
p.m .
Respect fully,
8
.---..
City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
NOVEMBER 1, 2001 7 :00P.M .
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF Regular C ity Council Meeting
MINUTES: October 18, 2001
4. APPROVAL AND/OR Regular City Council Meeting
CORRECTION OF MINUTES : October 4, 2001
5 . CONSENT AGENDA:
6 . WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12 . PARKS & REC DEPT:
13. PLANNING COMMISSION:
14. GENERAL: a . Request to Accept Bid : Two Waste
O il Furnaces/Recycling Cente r
(Mayor Swaim)
15. APPOINTMENTS :
16. ANNOUNCEMENTS:
ADJOURNMENT
b . Request to Accept Bid: Plumbing
Services for Animal Control Project
(Mayor Swaim)
c . Request to open ADFA
checking account (Mayor Swaim)
C ity Hall will be closed Monday, November 1 i h in
observance of Veteran 's Day.
000:138 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2001
7 :00 P .M. -7:15 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Council of the City of Jacksonville, Arkansas met in Regular
Session on November 1, 2001 at the regular meeting place of the Council .
Mayor Swaim delivered the invocation and led a standi ng audience i n the
"Pledge of Allegianceu to the flag.
ROLL CALL : Aldermen : Elliott, Smith, Sansing, Ray , Wi lson , Fletcher ,
Stroud, Tw i tty , and Howard answered roll call . Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Lewis
was attendin g other business at his church.
Others presen t for the mee t ing were: City Attorney Robert E . Bamburg ,
Deputy City Clerk Teresa Carter , Director of Admin i strati on Mur i ce Green ,
Ci ty Engineer Jay Whisker , Director of Public Works Jimmy Oakley , Finance
Director Paul Mushrush, CDBG Director Theresa Watson , Police Chief Hibbs,
Capta i ns Ken Boui llon and Robert Baker, Fire Chief Vande r hoof , Battalion
Chief Ron Peeks , Parks and Rec r eation Director George Biggs , Parks
Assistant Administ ra tor Patty Walker, Mrs. Judy Swaim, Mrs . DeDe Hibbs ,
Ms . Boni ta Round , interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Counc i l Meeting of
October 18 , 2001 for approval and/or correction at the next Regu l ar City
Counc i l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Elliott that the minutes of:
the Regular City Council Meeting of 04 October 2001 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION:
GENERAL: a. Request to Accept Bid for Two Waste Oil Furnaces
Mayor Swaim related that the City is proposing to recycle used oil to
heat the new re cycling center.
Director of Administration Murice Green related that the Ci ty had
considering us i ng waste oi l to heat for a number of years. He s t ated
that while the prices may seem high in comparison, buying a new furnao:!
system , p l umbing for natura l gas, and the monthly gas bill would cost
approximately twelve thousand the first year and four to five thou sand
annually thereafter.
1
0001.39
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1 , 2001
7 :00 P.M . - 7 :15 P.M .
He pointed out that the initial investment of the waste oil system is a
couple thousand do l lars mo r e but from thereon heating is free, which
makes the system a very good investment. He stated that three bids were
received, saying that the low bid does not meet specifications in major
areas . He explained that the low bid f r om Lenan Company (a Illinois
based company) does n ot offer any l ocal service , and wil l not be
available for insta l lation or startup. He said that the equipment
probably l ooks as good as the others, but added that he feels l eery not
having some kind of local service. He related that the bid from Haz-Mert
for $17 ,130 meets all the specifications and i s a good p r oduct . He then
related that the Miller Repair Company b id , which is $12,534 , have seven
of their units at Landers Ford , and there is a couple at Quality
Transmission. He stated t h at he has visited with both companies and they
h ave said that t hey are not having any problem with the system. He
stated that there i s a technician from Batesville that is on ca l l to
service t h e un i ts . He then re l ated that the bid did not meet
specifications on o n e item; he expl ained that he had specif i ed a swin g
out burner for cleaning convenience. He furthe r c larified that the unit
of f ered by Mil l er Repair has four bolts to loosen and it sits on a work
platform , adding that for the diffe r ence in p r ice he did not feel that is
was l u x ur y worth f i ve thousand do l lars. He stated that h i s
recommenda tion would be Miller Repa ir Company at $1 2 ,534 .20 .
Alderman Fletcher moved, s econded by Alderman Smith to accept the bid
from Miller Repair Company at $12,534 .20 and reject the low bid from
Leman Corporation of $8,448.00 because of specification deficiencies,
with funds to be drawn from Cap ital I mprovement for the Recycling Center.
Alderman Wilson questioned if the City is confident that it can generate
enough oil to run the furnaces.
Mr . Green sta t ed that the f urnaces are estimated to take approximately
three thous and ga llons annually . He stated that the City generates five
to six hundred gallons through the City garage annually a n d that th e
loca l tra n sm i ss ion company donates all that i s needed, adding that they
are ho l ding one thou sand gallons for the City current l y . He related the
h ope to extend collection to citizens but added that the City would have
t o be careful regarding contamination . He then related that there is an
instrument t hat be purchased for approxi ma te ly three hundred do l lars to
tes t for contamination . He added that there is also the hous ehold
chemical collecti on throughout the Pulaski County District that can also
be uti l ized. He informed the City Council of a household chemical
collection held this Saturday at the Commun i ty Center , explain i ng that
res i dents can bring mo t or oil and o ther items. He went on to say that in
t he worst case scenario the City could buy used oil a t t wenty-five cents
per gallon from Haz-Mert who will mix it down t o a safe level for use.
In response to a question from Mayor Swaim, Mr. Green related that the
household chemical collection is being held Saturday a t the Community
Center and will accept pesticides , insecticides , paints, batteries, motor
oil , gasoline, anti -freeze , waste tires, TV 's, electronics almos t
anything .
2
OOGl.~iO
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1, 2001
7:00 P .M. -7:15 P.M.
He then poi nted out that they also have a reuse center, adding t hat the
Solid Waste District sponsors the collection and is funded from landfill
user fees.
Alderman Ray expressed concern regarding safeguards for oil storage and
use at t he site on Marsha l l Road because of it having bee n recently
c l eaned up.
Mr. Green stated that EPA requires that the City build a berm , and have
double wall containers for the used oil . He then stated that the maximum
of 500 gallons is allowed inside the buildi ng , pointing out that the City
woul d have two systems t h at h ave 250 -ga llon tanks each .
At this time, MOTION CARRIED.
b. Request to Accept Bid for Animal Shelter Plumbing
Mayor Swaim related progress with the An imal Shelter and presented the
Ci ty Council with a plumbi ng construction bid , saying that al th ough t h e
bid i s below the $20,000 limit it had a lre ady been bid and is being
presented . He then infor med the Council that only one bid was submi tted
but the est imate is well within the purchase limit.
Alderman Wilson moved, seconded by Alderman Stroud to approve thel
plumbing contract for the Animal Shelter slab submitted by Southern
Plumbing in the amount of $15,000 with funds to be drawn from the Capital
I mprovement Fund.
In response to a question posed by Alderman Ray, Public Works Di rector
Jimmy Oak l ey stated that from the five invitations to b i d , four were
local plumbers wh o did not choose to r espond. He stated that he felt:
this was their busy t i me of the year .
At this time, MOTION CARRIED .
c. Request to open ADFA checking account
Mayo r Swa im related that Mr . Mush ru sh has r equested permis sion to open a
checking account , saying tha t a few years ago Mr. Mus h rus h had
consolidated a number of checking accounts for accounting purposes.
Mr. Mushrush stated tha t basica lly hi s request come s as a recomm endation
from the auditor . He expl ained that years ago he began consol i dating all
t he chec king accounts because of the accounting system a n d the way that
the program tracked fun ds . He then point ed out that the Comm un ity
Deve lopment Bl ock Grant Agency is a HUD agency and their compliance rules
are significantly different f rom ADFA compl i ance rules, say ing that a
separate checking account would make it easier for the auditor to
maintain complian ce testing and that he feels that internally it would
he l p discern sources, addi n g that the mechanics of fund trans fers is
substantial ly different .
3
000:1 '1:1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 1 , 2001
7 :00 P.M. -7:15 P.M .
Alderman Fletcher moved, seconded by Alde rman Wilson to approve opening a
checking account for handl ing ADFA funds . MOTION CARRIED .
APOINTMENTS :
DEVIATION IN AGENDA :
Alderman Smith moved, seconded by Alderman Wilson to suspend the
rules and place an appointment to the Civil Service on the agenda .
MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Sansing to approve the
appointment of Mr . Otis Stewart to fill the unexpi r ed term of Mr .
John Mitchell for a term to expire April 1 , 2006 . MOTION CARRIED.
ANNOUNCEMENTS : City Hall will be closed November 12th in observance
of Veterans Day . Mayor Swaim related that there will be a Veterans
Ceremony held 2 :00p .m., Sunday at City Hall featuring stories from
Korean War Veterans.
POLICE CHIEF HIBBS RETIREMENT
Mayo r Swaim related that Chief Hibbs who has served for many years
and done an exce llent job will be retir i ng. He took t h e
opportun i ty to thank the chief for his service and stated that by
the n ext meet ing the Chief will be fu l ly retired.
Chief Hibbs addressed the Coun ci l , saying that he would like to
thank the Council and everyone for their support . He said that the
department wi l l go on as it has, pointing out that the department
has good employees
ADJOURNMENT :
Mayor Swaim without objection
approximately 7 :15p .m.
Respectfully ,
s~~~
City Clerk-Treasurer
4
adjourned the meeting at
0001 .12 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
November 15, 2001 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVAL AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Pol ice Department)
(Fire Department)
(Engineering Department)
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
1 O.STREET DEPARTMENT:
11.PARKS & REC DEPT:
12. PLANNING COMMISSION:
13. GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
Regular City Council Meeting
November 1, 2001
Regular City Council Meeting
October 18, 2001
Regular Monthly Report/October
Director of Public Works Jimmy Oakley
Regular Monthly Report/October
Police Chief Hibbs
Regular Monthly Report/October
Fire Chief Vanderhoof
Regular Monthly Report/October
City Engineer Jay Whisker
a. ORDINANCE 1167 (# 21 -01)
Amend ing JMC 9 .12
(Alderman Fletcher)
b. CDBG Annual Report
(avail. at meeting) (Mayor Swaim)
c. Ordinance 1156 (#1 0-01)
Solicitation
(avail. at meeting) (Mayor Swaim)
d. DISCUSSION: 2002 Budget
(avail. at meeting) (Mayor Swaim)
CITY OF JACKSONVILLE 000113
REGULAR CITY COUNCIL MEETING
NOVEMBER 15, 2001
7 :00 P.M . -7 :50 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 15 , 2001 at the regul ar meeting place of the Council.
Alderman Howard del i vered the invocation and Mayor Swaim led a standing
audience i n the "P l edge of Allegiance" to the flag.
ROLL CALL : Aldermen : Elliott, Smith, Lewis , Sansing, Ray , Wi l son , Stroud,
and Howard answered roll call. Mayor Swaim a lso answered ROLL CALL
declaring a quorum. PRESENT n i ne (9), ABSENT (1). Alderman Twitty arrived
at approximately 7:05 p.m. Alderman Fletcher was absent .
Othe r s present for the meet i ng were: City Attorney Robert E. Bamburg,
Deputy City Cl erk Teresa Carter, Director of Administration Murice Green ,
Human Resource Director Charlie Brown , City Engineer Jay Whisker,
Director of Public Works Jimmy Oak l ey , Finance Director Paul Mushrush,
Finance Accountant Cheryl Erkel, Purchasing Agent C. J. Brown, CDBG
Di rect or Theresa Watson , Capt ains Ken Bo u illon, Fire Chief Vanderhoof,
Parks and Recreation Director George Biggs, Parks Assistant Administrator
Pat t y Walker , Justice of the Peace Denn i s Sobba, Mr s. J udy Swaim, Ms.
Bonita Round, Mrs. Edi t h Smith , Mr . Willie Sm i th, interested citizens and
members of the press.
Mayor Swaim related that Alderman F l etcher will not b e presented and h as
requested that Ordinance 1167 be removed from the agenda until the next
r egu l arly schedu l ed mee t ing.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Me e ting of
November 1, 2001 for app r oval and/or correction at the next Regular City
Counc il Meeti ng.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , seconded by Alde rman Howard tha t the minutes of the
Regular City Council Meeting of 18 October 2001 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA: Regular Monthly Report/Animal Control
Alderman Ray moved, seconded by Alderman Sansin g to approve the Regular
Monthly Report for t he month of October 2001. Said Report refle cts :
REVENUES: 538.00
CONTRIBUIONS : 0 .00
ADOPTIONS/FINES: 538.00
TOTAL: 538.00
Regular Monthly Report/Police Department
Alderman Ray moved , seconded by Alderman Sansing to approve the Regular
Monthly Report for the month of October 2001 ; Total value of Reported
Stolen Property $143,217 .00, Total value of Recovered Stolen Property
$63,967.00 and Total Report Sales are $386 .00 .
1
0001/14
Regular Monthly Report/Fire Department
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15 , 2001
7 :00 P.M . -7 :50 P .M.
Alderman Ray moved, seconded by Alderman Sansing to approv e the Regular
Monthly Report of October 2001. Said report reflects an estimat ed fire
loss of $200 ,000 .00 and a saving of $88,500 .00 .
Regular Monthly Report/Engineering
Alderman Ray moved, seconded by Alderman Sansi ng to approve the Regular
Monthly Report of October 2001.
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost for October
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
11
10
71
35
61
2
$3,782 .00
0
0
0
INSPECTIONS PERFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice on Noncompliance
Towed
38
30
45
62
34
4
ROLL CALL: Aldermen Elliott, Smith, Lewis, Ray, Wi lson, Stroud and
Howard voted AYE . (0) voted NAY. MOTION CARRIED .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
GENERAL : a. ORDINANCE 1167 (#21 -01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 9 .12 ; PROHIBITING Tm~
DISCHARGE OF WEAPONS WITHIN THE CORPOATE LIMITS OF THE CITY Olr
JACKSONVILLE; ASSESSMENT OF A PENALTY FOR VIOLATION OF THE TEMS OF THI !3
ORDINANCE; AND , FOR OTHER PURPOSES .
Ordinance 1167 (#21-01) is rescheduled for December 6 , 2001 .
b. CDBG Consolidated Plan Update 2002 Action Plan
Mayor Swaim presented the plan and recognized Alderman Ray.
Alderman Ray stated t hat CDBG funds have a l ways been d istributed well .
He then commented on the Census, saying that he hopes that the popul ation
conti nues to improve and that Director Watson has done a good job.
2
000115
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15 , 2001
7 :00 P.M . -7 :50 P .M.
Alderman Ray moved, seconded by Alderman Lewis to a ccept the CDBG
Consolidated Plan Update 2002 Action Plan .
Alderman Stroud commended Director Wat son, noting tha t rental units in
1990 were 54%, a growth f rom 28.3 % in 1980 but s l ide down in 2 00 0 to 53%.
He stated tha t in his o pinion 53% s upports his fe eling that planning
shou ld n o t be left t o the developers. He further illustrated that on
page 16 of the report it refe r s to a lack of fo c us regarding re s ource s in
Jack sonvil l e. He s t ated that it a lso offers suggestions for imp r ovement s
in the City. He expres s ed concern regarding the 2002 goa l s, saying that
he feels they are e x t remely l ow and the City should p lan f o r attainable
goa ls but al s o r aise that expectation . He went o n to say that the outline
o f g oals provided i s for the NRSA area (a portion o f the City that is
economic a lly disadvantaged) . He then b rought up concerns that the
Jac ks o nvill e medium income is 8% b elow t he national average , adding that
he feel s the r e are opportunities to improve that pe r centage. He
c o mmended Di rector Watson for her work .
At this time, MOTION CARRIED .
c . ORDINANCE 1156 (#10-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §5 .16 MODIFYING RULES
AND REGULATIONS FOR ITENERATE MERCHANTS, SOLICIOTORS AND VENDORS IN THE
CITY OF JACKSONVILLE, AND FOR OTHER PURPOSES .
Alderman Stroud stated that t he comm ittee had origin a lly p u rposed an
out r ight ban regarding s o l icitation , but was advised by Cit y Attorney
Bamburg t h at an outr i g ht ban would be a v i o lation of the Interstate
Commerce Act. He stated that he believes the proposed Ordin ance is
excel l e n t , adding that furt h er considerations were a d dressed regarding
setback requirements . He mentioned the requirement regarding badges,
saying that the Council will n eed to decide if they s houl d be p roduced by
Code Enforcement or submitted by the solicitors whe n appl ying for a
permi t. He r elated t hat his tho u ght from the cit i ze ns s t andpoint would
be that a standa rdi zed badge with the City seal would be a r ecogni zable
means of determining that tha t the pe r son has b een properly permitted .
He t h e n mentioned costs factors regarding I .D . badges.
Al d erma n Smith supported solicit or badges, adding that he is un s ure i f
Code Enforcement should be the entity to issue the badge .
Alderman Wi lson requested an ordinance change summa ry, saying that he
would l ike to review the p roposed c h ang es regarding the present Ordinance
in e ffe ct .
Ci ty Cler k Da v i tt wil l provide copie s of the e xi s t ing Ordinance to
Council members.
City Attorney Bamburg stated that the existing Ordin a nce does not requi re
a permit fee, adding that frequently sol ic ito r s do not register with
eith er Code Enforcemen t or the City Cl erk 's Office . He stated that the
pr o p osed ordinance r e q uire s r eg i strat ion , and limi ts t h e time frame for
3
000146
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15, 2001
7:00 P .M. -7:50 P .M.
solicitation. He added that the proposed ordinance would require
solicitors to comply with all Municipal Code provisions , Health
Department, fire and safety standards for various types of solicitation.
He then pointed out that other than food vendors; normal solicitation
wou l d be subject to all Jacksonville Municipal Code setback requirements .
He explained that there would be no solicitation between the hours of
8:00 p.m. and 9:00 a.m. Monday through Saturday, or on Sunday . He stated
that solicitors would have to complete an app l ication process , wh i ch
requires a great deal of information as well as proof of any license or
permi t by any State or Federal law , and proof of a bond equal t o 10% of
their previous year gross sales or $1,000.00, whichever is greater . He
pointed out that the proposed ordinance requires that each so l icito r have
a badge to be provided by the applicant and the Department wi l l keep a
photocopy of the badge . He stated that the Department will review each
applicant for compliance and issue a permit. He related that permits
wi l l have a l l appropriate inf ormation and each so licitor will be require d.
to carry t h e permit or a photocopy with them at all times while
soliciting . He related that citizens who inquire would be allowed tc
review the permit, addi ng that it wou l d be a vio l ation if they do not
have the permit and badge. He went on to say that the City Engineer, his
office, or designated representative could deny the permit if the
solicitor does n ot meet all requirements or i f there i s a part i cular
violation . He re l ated that the cost factor would be $25.00 per day and a
permit can be issued for up to six (6) calendar days excludi ng Sunday. He
added that a paid privilege tax from Jacksonville or another municipality
within Arkansas would be required. He stated that exclusions are non-
profit charitable, educational, political, and religious organizations of
a l ocal nature, adding that enforcement would be through the Code
Enforcement Department. He stated that if the Ci ty revokes a permit
there can be a hearing and appeal process where the Mayor has the final
dec i sion, adding that they can be cited to district court where the fines
can be $100 .00 up to $500.00.
Alderman Wilson expressed his desire to protect community merchants and
questioned the practice of accepting a privilege t ax from elsewhere in
the State .
In response to a question f rom Alderman Wilson , City Attorney Bamburq
stated that the City of Jacksonville has an existing reciprocity with
other municipalities , explaining t hat if other businesses come into town
and have proof of their paid pr i vilege tax, they are no t required to
purchase another one.
Alderman Wilson discussed prohib i ting so licitation on additional days
inc l uding Sunday .
City Attorney Bamburg stated that Sunday is considered an excl usion
because the courts have interpreted based on l ong standing belief that
most bus inesses are closed on Sunday for rel i gious purposes. He stated
that he was not sure the court would uphold a ban on r egular bus i ness
days, adding that it may vary among the different circuit courts that
exist in the Federal system .
4
0001.·17
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15 , 2001
7 :00 P.M. -7 :50 P.M .
City Attorney Bamburg went on to say that such a court case cou ld bring
damages if the judgment is found against the municipality.
Discuss i on ensued regarding the amount of judgment depending on the type
of business .
Alderman Stroud stated that the ordinance has safeguards to ensure proper
permitting.
It was noted that the permit fee would apply to each individual .
City Engine er Whisker stated that the so li citors should be required to
provide a photo I. D. badge, adding that permits are issued with a
signature, which is the proof that they have been properly permi tted .
Alderman Ray moved , seconded by Al derman Smith that Ordinance 1156 be
placed on FIRST READING. ROLL CALL: Aldermen Ellio tt , Smith , Lewis,
Sansing, Ray, Wilson, Stroud , Twitty, and Howard voted AYE. Whereupon
City Attorney Bamburg read the title of Ordinance 1156.
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1156 be
accepted on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, Lewis ,
Sansing, Ray , Wilson , Stroud, Twitty , and Howard voted AYE.
The ordinance wi ll be studied along with additional information from City
Attorney Bamburg and City Clerk Susan Davitt to be considered at the next
regularly schedu l ed City Council meeting.
d. DISCUSSION 2002 BUDGET
Mayor Swaim presented the Draft Budget , relating that each Department has
completed their budgets. He commended Mr. Mushrush and his staff
regarding budget preparation and stated that he and Mr . Mushrush have
reviewed the budget. He related tha t as customary it is no different
from other years , say i ng that there are more budget requests then funds.
He pointed out that the budget requires a considerable amount of time to
make sure that funds are expended wisely .
He stated that the budget is not yet balanced, asking for input from the
Council regarding health insurance . He provided t h e Council with
information costs regarding the Municipal Health Benefit Fund insurance,
and pointed out that traditionally the City has paid most of the
employee 's health coverage . He related that for a percentage the
emp l oyee can extend coverage for their family. He related that the City
has paid $777,070.63 in premiums, and that paid projected lo ss e s are
$945,348.57 resu lting in a 121.66% usage . He stated that it would be
impossible for an insurance company to reissue the same premium when a
customer is using more than its paid premiums. He relat ed that increases
are based on usage and pointed out that the Municipal League does n ot try
to make a large profit regarding health insurance.
5
0001·18
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15, 2001
7:00 P.M . -7 :50 P .M.
He re l ated a $95,520 effect on the budget , consisting of a monthly $40.00
increase for each fami l y plan and a $20.00 single plan increase. He
stated that the budget does not reflect the hea lth coverage increase
because the figures were just received , adding that the ques tion comes
each year regarding how much employee coverage costs will the City
finance. He related that a family plan is $551 .50 monthly and is
considered a competitive price for the amount of coverage . He added that
the single plan is $241.50.
In response to a question from Alderman Wilson, Mayor Swaim related that
the City pays 65% of the family plan coverage and 100% of t he single
plan. He pointed out that currently an employee pays $59.50 monthly for
t he family he alth and dental coverage.
Discussion ensued regarding the percentage inc rease and Mayo r Swaim
related that it is approximately 7%. He related i nstances of other
cities and private companies that received a 25% t o 35% increase driven
somewhat by the usage. He then pointed o ut that increases are also
driven by hi gh medical costs and prescription drug costs, adding that
this plan does cover drugs. He stated that it is a good plan and a good
benefit for City employees. He related that he would love to continue
carrying the same percentage costs , but wanted the Council to consider
and understand these considerations as part of the budget struggle.
In response to a question posed by Alderman Wilson, Mr. Mushrush related
that pharmaceutical co-pays are $10, $20 , and $30; he explained the
difference in prescriptions ranging from generic to specific name brands.
Alderman Wilson questioned optional plans regardi ng slightly higher rates
and overall lower premiums.
Ma yo r Swaim stated that other plans are n o t an option, but that there i s
an option regarding a higher deductible for the medical coverage. He
stated that currently the deductible is $200. 00, but the City could
c h oo se to go to a $500 .00 deductible. He then related that the plan the
City carries is t he same plan carried by the maj or ity of the cities
involved in t he Municipal League and pointing out that some cities chose
higher deductibles. He stated t hat one theory seems to be that there is
less use with a higher deductible.
Al derman Wilson stated that he feels the City shou ld continue to pay as
it has and related that City employees need t o be informed o f the higher
premi urn costs that the City is paying as a benefit. He stated that thi .3
helps the City to be competitive, and maintain good employees with good
benefits. He added that it can be difficult to do somet i mes bu·t
concurred with the Mayor saying that higher cost is a combination of
factors including usage which i s beyond our control.
Mayor Swaim pointed out that the premium i ncrease is equivalent to 3
$480 .0 0 annual raise for employees on the family plan.
6
0001·19
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15 , 2001
7 :00 P .M. - 7 :5 0 P .M.
Alderman Ray related difficulties he experienced in the private sector
regarding a $40.00 health insurance increase associated with Dupont's
retirement package that was passed on. He added that it would be good if
the City could continue to pay the same percentage for the employees; but
if the City determines otherwise then additional co sts to the employee
should not be more than 5%. He reiterated the desire to keep good
employees and have good benefits wi th the City of Jacksonville .
Alderman Smith expressed confidence in Mayor Swaim, and stated that he
feels the employees should realize the benefit of insurance. He pointed
out that in any business occasionally employees do not fully realized
their benefits and stated that he feels the Council majority agrees to
absorb the increase in the budget.
Mayor Swaim stated that the other area be i ng worked is salaries. He
pointed out that the City paid f or a salary study two years ago and has
completed the follow up study , which is being worked regarding the
prevailing wage type pay grades . He related that employees who are not
at the prevailing wage will receive a higher dollar amount i n raises than
employees who are at their prevailing rate . He stated that not all
employees would receive the same percentage, adding that the past study
is being used to inte rpret the prevailing rate within Jacksonvi l le 's
jurisdictional area including cities of the same size a nd some larger .
He pointed out that a salary committee consisting of employees, Mr.
Mushrush , and Mr. Green have held several meetings during the year ,
adding that it is believed they ha ve a salary package that the wil l
please the e mployees. He stated that the committee members have agreed,
although not everyone will make it to prevailing wage this year , it will
b e a signifi cant increase for those not at the prevailing rate .
Alderman Wilson questioned if the benefit package offered by the City is
factored i n the wage s tudy versus other communi ties regarding paid
insurance costs and holidays.
Mayor Swaim stated that although it is difficult to compare the City ha s
l ooked at those facto rs over the years . He stated that it is curious
that often times those factors are separated from wages , but added that
all factors are measured to achieve the best comparison when considering
salary increases .
In response to a question p osed by Alderman Smith, Mr. Green related t h at
benefit factors did not play a part in the original salary study. He
asked Council to also realize that Jacksonville is competing against
Little Rock, Sherwood , and other c ities. He stated that even though
Jacksonville is moving toward a prevailing market rate, the other cities
are still going to pay more. He add ed that it is hoped a better benefits
package will offset the extra dollars, plus the drive to Little Rock and
similar issues .
7
OOG1.SO CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 15, 2001
7:00 P.M. -7 :5 0 P.M .
Mayor Swaim stated that the final budget will be prepa red for approval by
the last meeting in December . He added that the delay would allow the
opportunity to include November Sales Tax checks , which reflect September
income and wi ll provide a better idea regarding income projections. He
related that even with efforts by the Federal Government to stimulate the
economy , the Governor announced a 1 64 million dollar State b u dget cut
primarily due to the l ack of sa les and corporate income tax col le cted and
t hat the City of Little Rock is experiencing a 12 million dollar deficit.
He stated that the City of Jacksonville will present a balanced budget
without a deficit . He stated tha t he and Mr. Mushrush have always been
very conservative regard i ng anticipated fluctuations in the sales t ax ,
making sure tha t i f the City experienced a down year there would be
ava ilable funds. He stated that occasionally that has been a sticking
point, but added that good p lanni ng two or three years in advance
prevents having a situation similar to Little Roc k . He stated that the
City of Jacksonville does not ever want t o be forced to cut emp l oyees or
se r v ice s. He asked that the Counc il be patient regardin g the final
stages of the budget, ag re eing tha t the City of Jacksonvil l e has good
employees and hopes to cont inue providing the same services.
Ald erman Wi l son emphas ized that the City is in excellent fiscal conditior.
because of Mr . Mushrush and Mayor Swaim's conservative approach. He
s tated that t h eir dedi cation to sound fin ancial management is very much
app reciated .
Mr. Mushrush related that while he and the Mayor have been conservative
in revenue forecast i ng , i t has not been too conservative in naturE!
because it h a s a l ways been plus or minus 2% as an average .
ANNOUNCEMENTS : Christmas Lighting Ceremony will be held November 29th at
6 :0 0 p.m . at City Hall, sponsored by the Chamber of Commerce .
Ci t y hall wi l l be c losed November 22 nd and 23rd for Thanksgiving Holiday.
Mayor Swaim r e ported on the meeting with the Highway Department , sayin9
that it was an excellent meeting with a presentation from Mr. Wilson . He
related that projects were reviewed included the James Street bridge .
Director of Administration Murice Green and Mayor Swaim introduced newly
hired Director of Human Resources , Mr . Charlie Brown .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :50
p.m.
Respectfully,
SWAIM
8
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1.
2.
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13.
City Council Of Jacksonville, Arkansas
AGENDA O"r. -'1 ,._]..., ~J,)Ji..J
Regular City Council Meeting
DECEMBER 6, 2001 7 :00P .M.
OPENING PRAYER:
ROLL CALL:
PRESENTATION OF
MINUTES :
APPROVAL AND/OR
CORRECTION OF MINUTES :
CONSENT AGENDA:
(Animal Control)
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT:
SANITATION DEPARTMENT:
PARKS & REC DEPT:
PLANNING COMMISSION:
Regular City Council Meeting
November 15, 2001
Regular City Council Meeting
November 1, 2001
Regular Monthly Report
Public Works Director Oakley
ORDINANCE 1168 (#22-01)
Reclassifying Property 4 Tracts
Adjacent to Loop Road (Mayor Swaim)
14. GENERAL: a. ORDINANCE 1156 (#10-01)
Amending Itinerant Merchants Code
(Aldermen Twitty & Stroud)
b.
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
ORDINANCE 1167 (#21-01)
Discharge of weapons in the City of
Jacksonville (Alderman Fletcher)
Request for Reappointment of Wally Nixon
to the Central Arkansas Library System
Board of Trustees for a term to expire 12/31/04
(Mayor Swaim)
Christmas Open House at City Hall,
December 14, 2001 1:00-4:00 p.m.
0001.32 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2001
7 :00 P .M. - 7 :43 P .M.
REGULAR CITY COUNCIL MEET I NG -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met i n Regular
Session on December 6 , 2001 at the regular meeting place of the Council.
Alderman Ray de l ivered t he i nvocation and Vice Mayor Twitty led a
stand ing audience in the "Pledge of Alleg i anceu to the f l ag.
ROLL CALL : Aldermen: El liott , Smith , Sansing, Ray , Wi l son , Fletcher, and
Str oud , answered rol l call. Vice Mayor Twitty also answered ROLL CALL
dec l ari ng a quorum . PR ESENT eight (8), ABSENT (3). Mayor Swaim was
attending the National League of Cities in Atlanta , Georgia, Alderman Lewis
and Howard were also attending t he meeting i n Atlanta .
Ot hers present for the meeting were: City Attorney Robert E . Bamburg,
Deputy City Clerk Teresa Carter, Di rector of Administration Murice Green ,
Human Resource Director Charlie Brown, City Engineer Jay Whisker,
Directo r of Pub l ic Works Jimmy Oakl ey, Finance Director Paul Mushrush,
CDBG Director Theresa Watson, Interim Chief Ke n Bouillon , F i re Chief
Vanderhoof , Parks and Recreation Director George Biggs, Parks Assistant
Administrator Patty Wa l ker , Planning Comm i ssion Chairman Ar t Brannen ,
Water Commission Chairman Thad Gray, Water Department Superintendent Ken
Anderson , Justice of the Peace Dennis Sobba, Ms. Bonita Round , Mr . Willie
Sm i th , inte r ested citizens and members of the p ress .
PRESENTATION OF MINUTES:
Vi ce Mayor T wi t ty presented the minutes of the Reg u lar City Council
Mee t ing of November 15 , 2001 for approval and/or correct i on at the next
Regul a r Ci ty Co u nc i l Mee t ing.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Sansing that the minutes of:
the Regular City Council Meeting of 1 November 200 1 be APPROVED . MOTIO~r
CARRIED.
CONSENT AGENDA: Regular Monthly Report/Animal Control
Alderman Ray moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for the month of November 2001 . Said Report reflec ts:
REVENUES : 565 .00
CONTRIBUIONS : 0 .00
ADOPTIONS/FINES : 565 .00
TOTAL : 565 .00
ROLL CALL : Aldermen Elliott , Smith, Sansing, Ray, Wilson, Fletcher and
Stroud voted AYE. (0) voted NAY . MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT :
1
0001..33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2001
7:00 P.M . - 7 :43 P .M.
PLANNING COMMISSION : ORDINANCE 1168 (#22-01)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACK SONVILLE, ARKANSAS
(GENERAL LOCATION: LOOP ROAD AND NORTH EASTERN AVENUE EAST AND ADJACENT
TO THE RAILROAD TRACKS 1 JACKSONVILLE, ARKANSAS) ; AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE,
ARKANSAS ; AND, FOR OTHER PURPOSES .
Al derman Ray moved , seconded by Alderman Smith that Ordi nance 1 168 be
placed on FIRST READING . ROLL CALL : Aldermen E l liott , Smith, Sansing ,
Ray , Wilso n, Fletcher, and Stroud, voted AYE . Whereupon City Attorney
Bamburg noted chang es on page two of the Ordinance, stating t hat the
bottom paragr aph under section one will be changed t o read tract 3 and 4
to C-2 zoning. He t hen read the Ordinance title .
Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1168 be
accepted on FIRST READING .
City Engineer Whisker stated that the property is l ocated south of the
railroad tracks on Loop Road. He stated that the owners are proposing to
develop a gat ed manufactured home park community. He stated that the
f rontage of the property is proposed for mini -warehouses and that the
development is being proposed as an up-scale establishment with credit
and po l ice c h ecks. He stated that homes o l der than five-years wo uld not
b e adm i t t ed i nto the park .
In r esponse to a question posed by Alderman Elliott and Stroud, City
Enginee r Whi ske r related that development sti pu l at i ons inc l uding
l andscaping cons i de r at i ons would be addressed when the deve l oper returned
to the Planning Comm issio n regarding building permi t approval . He then
addr essed drainage stating that the proper ty is not located in the flood
plain . He added that the tract 2 which i s in the flood plain is being
proposed as a wa l ki ng trail surr ounding the park .
Alderman Fletcher expressed concerns regarding on-going efforts to clean
up mobile home areas in the City , noting the faster deterioration of
mob i le homes if neglected. He questioned the deve lopers intent regarding
homes that become older t h a n five-years, a nd provisions if the park i s
so l d .
Ci ty Engineer Wh i sker related that t he developer has stated tha t he would
carry maintenance requirements for the mobi l e homes and c l arified that
the owner has stated that l ots will be leased not sold . He pointed out
that i t is a City requirement to s ki rt mobile homes.
Alderman Stroud stated that currently there is only one mobile home park
in the City that looks decent, adding that the rest are for the most part
undesirabl e . He expressed concern for c l eaning up the existing parks .
2
000:1:14 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2001
7 :00 P .M. -7:43 P .M.
Mr. Tommy Bond p r esented the Council with photographs of parks that the
owners i ntend to h ave serve as a model for the development. He related
that one of the model parks is the Indian Springs Park that is thirty-
five yea r s old and the other i s the Jones Park twenty plus years old . He
stated that a park not properly maintained loses money, adding that the
concept for t he proposed development is to have a well-maintained park .
He relat ed that Ronnie Shrader and Jack Wilson are the developers and
that it is their intent to operate and maintain ownership . He then
clarifi ed that the mini -warehouses will be adjacent to Loop Road at the
entrance and is proposed for reclassification to commercial . He related
that t h e concept is to rent min i-warehouse space to the Park occupants
because of restrictions regarding storage on lots. He related that the
surroundi ng wooded proper t y in the f l ood plain is proposed for walking
t rails and i t is felt that would be the property 's best and highest use .
In response to a question posed by Alderman Elliott, Mr . Bond related
that the concept for a mobile home park was p l anned as long as twenty-
f i ve years ago , adding that he is unsure how many lots the development
will feature . He stated that the property is ideal for a mobile home
development because it i s i s o l ated and that he a nd four other property
owners are the only surrounding property owners.
Alderman Fletcher suggested that the park carry the development
stipul ation of a two -car parking space.
Mr . Bond related that off-street parking would be available for at least.
two cars.
ROLL CALL : Aldermen Elliott, Smith, Sans i ng, Ray, Wilson, F l etcher, and
Stroud voted AYE.
Alderman Ray moved, seconded by Alderman Wilson to suspend the rules and
place Ordinance 1168 be placed on SECOND READING . ROLL CALL: Aldermen
Elliott, Smith, Sansing, Ray , Wilson, Fletcher, and Stroud voted AYE .
Whereupon City At torney Bamburg read the Ordinance title .
Alderman Smith moved , seconded by Alderman Wilson to further suspend thE~
rules and p l ace Ordinance 1 1 68 on THIRD AND FINAL READING. ROLL CALL :
Aldermen Elliott, Smith , Sansing, Ray, Wilson, F l etcher, and Stroud voted
AYE . Whereupon City Att orney Bamburg read the Ordinance ti tle.
Al derman Ray moved, seconded by Alderman Stroud that Ordinance 1 168 be
APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray,
Wilson, Fl etcher , and Stroud voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1168 THIS 6 TH DAY OF DECEMBER,
2001.
GENERAL : a. ORDINANCE 1169 (#2 3-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 5.16 ; MODIFYING RULES
AND REGULATIONS FOR ITINERANT MERCHANTS , SOLICITORS , AND VENDORS IN TH~
CITY OF JACKSONVILLE ; AND, FOR OTHER PURPO SES.
3
CITY OF JACKSONVILLE OQ01.:JS
REGULAR CITY COUNCIL MEETING
DECEMBE R 6, 2001
7 :00 P .M. - 7 :4 3 P .M.
Alderman Stroud moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1169 be placed on SECOND READING . ROLL CALL : Aldermen
El l iott, Smith , Sansing, Ray, Wilson, Fletcher , and Stroud voted AYE.
Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Stroud related that the committee has recommended that the Bond
be increased, and to decrease the a l l owable t i me for s o licitation . He
referred to the change summary , saying that he believes it wil l
accomplish the Councils objectives . It was noted that a fine was imposed
regarding solicitations that occur if a "no solici tation sign" is posted.
Alderman Stroud offered that the Ordinance does not allow solicitation on
Saturday or Sunday because of normal M-F working days and posting o f a
permit fo r vendo rs worki ng a site.
Ci t y Attorney Bamburg related that site vendors would be required to post
a ll permits f or r eady inspection and wear solicitation badges. He related
that the Eng inee r ing Department would be r esp o nsible for i mpleme ntation
and enforcement . He then not ed that t he proposed changes are not
incorporated in the current Ordinance but can be incorporated for l ater
presentation if so desired by the Council .
Alderman Smith moved , seconded by Al derman Wilson that Ordinance 1 169 be
accepted on SECOND READING . ROLL CALL : Al dermen Elliott, Smith, Sansing,
Ray , Wilson , Fletcher , and Stroud voted AYE .
It was the consensus of the Council to bring the Ordinance back with
incorporated changes .
b. ORDINANCE 1167 (21 -01 )
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 9.12; PROHIBITING THE
DISCHARGE OF WEAPONS WITHIN THE CORPORATE LIMITS OF THE CITY OF
JACKSONVILLE; ASSESSMENT OF A PENALTY FOR VIOLATION OF THE TERMS OF THIS
ORDINANCE; AND , FOR OTHER PURPOSES .
Al derman Fletcher moved , seconded by Alderman Smith that Ordinance 1167
be placed on FIRST READING. ROLL CALL : Al dermen El l iott , Smith , Sansing,
Ra y, Wilson , Fle tche r , and St roud voted AYE. Wh e reupon City Attorney
Bamburg read the Or dinance titl e.
Alderman Fletc her related that he p roposed the Ordinance to the Counci l
n ot as a knee-jerk r es pons e to a personal incident but because it was
a lso bro ught to his a ttention by the P o li ce Department tha t bow and
arrows had been neglec ted f rom the existing ordinance. He stated that a
bow is a weapon and should not be sho t random l y in the City.
Alderman Elliott expressed con ce rn fo r adding ar c hery to the existing
ordinance , point ing o ut that it would effect archery business , arche ry
c lasses at the boys club , and law abiding citizens tha t has a safe back
stop for practice in their yards. He stated that the Police he has
talked with have relat ed that they are not aware of any instances in t he
City that have caused concern . He stated that he would b e hesitant to
i nclude archery if it is not real l y needed.
4
000:1.56 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2001
7 :00 P .M. -7:43 P.M .
Alderman Wilson suggested that the ordinance be modi fi ed to accommodate
arche r y practice that is not deemed a concern, such as the Boys Club,
archery shop and other individuals regarding safe practice.
Alderman Sansing stated that a new restriction would not necessarily
prevent i mproper bow use , adding that he felt some laws are over
restrictive.
Alderman Fletcher agreed that provisions could be extended to business ,
adding that it would be most beneficial to have a designated area f or
safe practice. He stated that his main concern would be residential
areas . He reminded the Council of the r esponsibili t y to protect citizens
and stated t h at the conside ration before Council is to determine if a bow
is considered a dangerous weapon. He pointed out the intent in banning
fireworks regarding safety concerns and re l ated that he would be in favor
of stipulating exceptions.
In response to a question posed by Alderman Smith, City Attorney Bamburg
stated that t he Ordinance could carry provisions for approved ranges or
use in classes to cover some circumstances, depending on how extensiVE·
the exceptions are defined, including future archery businesses.
Alderman Smith suggested that the Ordinance be tabled for further
consideration regarding exempt circumstances.
Al derman Fletcher questioned if the Parks and Recreation De partme nt would
be interested in creating an archery range possibly at Du pree Park,
saying that areas need to be created for archery practice.
Alderman Ell iott stated that generally it is not the ind i vidual that is
practicing i n the i r yard that is going to shoot a house , but someone that
is up to mischief. He stated that he did n ot feel the proposed ordin ance
is necessary.
Alderman Stroud rela ted consideration from other munici palities who
allowed bow hunting in their city limits because of a heavy deer
population, pointing out that in checking with several insurancE~
companies in town , Jacksonvi lle has similar concerns.
Alderman E llio tt related that Little Rock had reversed an Ordinance
because of the game and fish and that the City o f Maumelle and others are
l oo king at reversing theirs.
Alderman Wils on suggested th at efforts be coordinated with Parks and
Recreation and the Police regarding a modif i ed vers i on.
Alderman Sansing stated that if modified the ordi nance should support
approved ranges being used for b oth firearms and b ows. He poi nted out
that some gun businesses construct firing ranges in their basements .
Alderman Ray stated that the present o rdinance is sufficient.
5
000137
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6 , 2001
7 :00 P .M. - 7 :43 P.M.
Alderman Fletche r offered to return with a modified ordinance to include
e xceptions for further con sideration.
Alderman Fletcher moved, seconded by Alderman Wilson to table the
Ordinance 1167. MOTION CARRIED.
DEVIATION IN AGENDA:
Alderman Wilson moved, seconded by Alderman Elliott to suspend the rules
and place Resolution 554 addressing impact fees for water usage regarding
new development on the agenda . MOTION CARRIED .
Alderman Wilson moved , seconded by Alderman Elliott to read Resolution
554 . MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 554 .
RESOLUTION 554 (#14-01)
A RESOLUTION ENCOURAGING THE CENTRAL ARKANSAS WATER UTILITY TO INCLUDE
THE COST OF WATERLINE IMPROVEMENTS AND MAJOR WATERLINE RENOVATION
PROJECTS IN THE RATE BASE FOR THE METROPOLITAN AREA AND OPPOSING THE
CONCEPT OF IMPACT FEES FOR NEW DEVELOPMENT.
Al derman Wilson explained that Central Arkansas Water has proposed a
resolution imposing impact fees on new development, adding that a public
hearing was held in November and another hearing is scheduled December
20th . He s t ated that Resolution 554 from the City of Jacksonville is an
effort to encourage Central Arkansas Water to search other avenues versus
impact fees regarding capital improvements to their water system . He
stated that impact fees could put Jacksonville at a competitive
disadvantage with other communities who do no t have impact f ees , but
instead bill their rate base regarding Capital Improvement funds . He
invited Water Commiss i on Chairman Thad Gray t o address any concerns and
c l arify the information .
Mr . Thad Gray stated that the Central Arkansas Water has p l aced before
the citi ze n s of Little Roc k and North Little Rock the question of a new
rate proposal including considerations in Resolut i on 2001 -10 . He
expl ained that Resolution 2001-10 deals with what is termed "impact fees"
that would be added to new meters, directly or indirectly to the areas
that they serve . He stated tha t t he impact fees range from a ~~~ meter
(standard residentia l) $1 , 300 t o the 2 0" (industrial) meter s i ze at
$585 ,000 . He stated that the impact fees would be directed to a special
trust f u nd to offset some future capitalization required for the growth
process. He stated t h at the Centra l Arkansas Water will meet again to
hear feedback regarding the proposal before voting on the overall
regional rate scales and the Resolution regarding impact fees . He stated
that the Jacksonv i lle Water Commission would like to have a formal
expression from t h e City Counci l forwarded to the Central Arkansas Water
regarding the attitude to enhance or deter growth and its negative
multiplying effects for City and County governments . He related effects
regarding real estate tax and sales tax . He stated that the Wa t er
Commission opposes the impact fee proposal , saying that Resolution 2001 -
1 0 could be construed as anti-g r owth .
6
000158
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 6, 2001
7 :00 P.M . -7:43 P.M.
In response to a question posed by Al derman Stroud , Mr. Gray related that
a fee is paid when the meter is inst alled, explaining that the impact fee
is an additional charge regarding a meter set. He pointed out that it is
a t ax specifically des i gned for future cap ita li z ation. He related that
impact fees could become preva l ent regarding water, sewer, or street .
In response to a qu estion posed by Alderman Smith , Mr . Gray related that
issues invo l ving impact fees were discus sed during previous meeting
regarding regional rate adjustments. He stated t hat two proposa l s were
brought up along with t ask charges for Central Arkansas Water se rvice
personnel. He stated that at the time Central Arkansas Water was not
open to outs i de opinions, adding that t his is a recommendati on f r om their
consultant as a progressive approach . He commended the Centra l Arkansas
Water regarding their merger and progress s ince July l st , but added that
the Jacks o nvi lle Water Commission is not in favor of this particular
app r oach to future capita l ization.
Alderman Wilson pointed out that i f a Capita l Improvement Fund i s bu il t
into the rate base i t allows for not only expansion of lines, but
improvement to existing lines in older areas as we ll as commercia l or
residentia l .
Mr . Gray related that most of the water organizat ions have a depreciation
fund that collects fees to be directed t owa rd repla cement , adding that
the reasonin g behind the impac t fees dea l s with future expansion.
Alde rman Sansing related that his main concern would be the chillin<J
ef fect a $585 ,000 impa c t fee might carry for an industry dec i ding to
bu il d, in turn e f fecting an area's ability to offer industry jobs.
Alderman Elliott moved , seconded by Alderman Sansing to approVE!
Resolution 554 (#14-01)
APPOINTMENTS :
Alderman Smith moved, seconded by Alderman Ray to approve thE~
reappointment of Wally Nixon to the Central Arkansas Library System Board
of Trustees for a term to expire 12/31/04. MOTION CARRIED .
ANNOUNCEMENTS : Vice Mayor Twitty announced that Christmas Open House a t
City Hall will be he l d December 14 t h, 1 :00 -4:00p .m. She encouraged the
public to attend .
ADJOURNMENT :
Vice Mayor Twitty without objection adjourned the meeting a ·t
approximately 7:43p.m.
~~ ~WAIM
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
December 20, 2001 7:00 P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Engineering Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
December 6, 2001
Regular City Council Meeting
November 15, 2001
Regular Monthly Report/October
Interim Police Chief Bouillon
Regular Monthly Report/October
Fire Chief Vanderhoof
Regular Monthly Report/October
City Engineer Jay Whisker
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT:
12. PLANNING COMMISSION :
13. GENERAL: a .
DISCUSSION: Martin Street
Pool Proposal (Mayor Swaim)
RESOLUTION 555 (#15-01)
Endorsing participation in the
Ozone Flex Program
(Mayor Swaim)
b. ORDINANCE 1169 (#23-01)
Solicitation (Mayor Swaim)
c. UPDATE: Mathews Property
(Mayor Swaim)
d . Request to Accept Bid : Animal
Shelter Electrical Service
(Mayor Swaim)
e. ORDINANCE 1170 (#24-01) Budget
for 2002 (Mayor Swaim)
0001~9
0001.30
CITY COUNCIL A G E N D A continued :
December 20 , 2001
14 . APPOINTMENTS:
15 . ANNOUNCEMENTS:
ADJOURNMENT
PLANNING COMM ISSION :
Appointment of William Montgomery
for a term to expire 1/1/2005
Reappointment of Chad Young and
Art Brannen for a term to expire 1/1/2005
00 02~1.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7:00 P .M. -7:57 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci t y of Jacksonvil l e, Arkansas met in Regular
Session on December 20, 2001 at t h e regular meeting place of t h e Council.
Alderman Stroud de livered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen : Elliott, Smith , Lewis , Sansing , Ray , Fletcher , Stroud ,
and Howard answered rol l call. Mayor Swaim also answered ROLL CALL
declaring a quorum. PRESENT eight (8), ABSENT (2).
Others present for the meeting were: City Attorney Robert E. Bamburg,
Deputy City Clerk Teresa Carter, Director of Administration Murice Green ,
Hum an Resource Director Charlie Brown, City Engineer Jay Whisker,
Director of Publ i c Works Jimmy Oakley, Finance Directo r Paul Mushrus h,
CDBG Director Theresa Watson, Inte r im Police Chief Ken Bouillon, Fire
Ch ief Vanderhoof , Parks and Recreation Di r ector George Biggs , Parks and
Recreation Information Marketing Manager Annabelle Davis, Aquatics
Instructor Diane Novotny, Parks Assistant Administrator Patty Walker,
Planning Commission Chairman Art Brannen, Parks and Recreation
Commissioner Chairman Marcia Dornblaser , interested citi zens and membe r s
of the pre s s.
PRESENTATION OF MINUTES :
Mayor Swaim pr e sented the minut e s o f the Re gular City Counci l Meeting o f
December 6 , 2001 for approval and/or correction a t the next Regu lar Ci t y
Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 15 November 2001 be APPROVED. MOTION
CARRIED .
CON SENT AGENDA :
REGULAR MONTHLY REPORT/POL I CE DEPARTMENT
Alderman Elliott moved , s e conded by Alderman Le wis that the Regular
Monthly Report f o r November be APPROVED . Report reflects ; Total Value of
Reported Stolen Property $66 ,9 9 0 .00 , Total value of Recovered Stolen
Property $32,847 .00 , Total Report Sales not reporte d .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ell iott mov ed, seconded by Alderman Lewis to approve the Re gular
Monthly Report of November 2001 . Said r eport reflects an e s timated fire
loss of $27,500 .00 and a s a ving of $64 ,000.00 .
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconde d by Alderman Lewis to approve the Regular
Monthly Report of November 2001.
1
0001S2
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost for November
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Mad e
Demolitions
$
14
8
8
2
1 09
2
764.00
0
0
0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20 , 2001
7 :00 P.M. - 7 :57 P.M .
INSPECTIONS PERFORMED
Building I nspections
HVACR
Electri cal
Plumbing
VEHICLES
Notice on No n compliance
Towed
24
16
54
49
23
3
ROLL CALL: Aldermen Elliott, Smith , Lewis , Sansing, Ray, Fletcher ,
Stroud, and Howard voted AYE . (0) voted NAY . MOTI ON CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS AND RECREATION : Martin Street Pool Proposal
Mayor Swaim recognized Parks and Recreation Commission Chairman Ma r ci a
Do rnblaser.
Mrs . Do rnblas er related two -y e a r efforts by the Commiss i on to build a nevi
pool fac i lity, saying that plans were revi s ed to ho l d costs within a two
mil l ion dol l ar budget. She presented drawings of the final design,
poi nting out that the orientation of t h e pool has changed toward Martin
Street . She stated that the c hange trimmed the total cost down to 2 .6
million, but s t ressed t hat the d i ag rams did not feature a second slide
that is being proposed . She r elated that pool s lide s are a revenue
producing big trend , explainin g that it will be an addi t ional cost above
pool ent ry fees . She rel a ted tha t a second s l i d e was heavi ly recommended
by oth er municipal facilities of similar de sign . She related that tota l
budget costs are approximately $2 ,108,249 , including provisions for the
s e con d s lide and any cons truction cost overrun . She stated that
construction costs for the pool area is 1 . 4 million and would be F~
larger in water surface than the current pool. She re l ated a significant
savings by chang i ng the l ocation of the pool , because of not h av ing to
move park equipment. She pointed out that t h e arch i tects and Dian •:
Novo tny projected the opera t ing budget for the new f a cil i ty .
2
000:1£3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20 , 2001
7 :00 P .M. -7 :57 P .M.
Discussion ensued as to the location of the pool and the parking area.
Mrs. Dornbl aser pointed out the proposal for a new entry by extending the
street facing south east of the facility, which produced an additional
cost savings .
Mayor Swaim stated that Co u ncil has consented to the proposal, adding
that timing and financing would be the remaining considerations.
It was noted that the Parks and Recreation Commission is waiting to hear
the results of a possible grant.
Mrs. Do r nb l aser stated that the budget figures were erred to the high
side; and that the artist render i ng would be used for display to offer
the public an opportunity to view the facility prior to construction.
In response to a ques t ion from Alderman Fletcher, Engineer Mizan Rahman
related that the pool structure and the plumbing have a live expectancy
of 30 to 40 years. He commented that the desire to change fixtures (pool
toys) would happen faster than the life of the pool itself . He stated
that the pool is designed to accommodate 10" pipe toys , making it very
easy to change out featur es in the future. He explained that the pool
design would accommodate a certain number of pool toys, adding that the
density of proposed toys is plenty .
Mrs. Dornblaser related that in attending a national pool seminar, she
learned that the current number one trend is the "zero-depth" entry
similar to the beach entry at "Wild River Country." She related that the
design of the pool is family friendly and features a variety of toys for
var i ous age groups . She related that the facility would also feature a
shaded area , which is very popular.
In response to a question posed by Alderman Ray, Mrs . Dornblaser related
that the Health Department has extended a permit for the current pool to
open next year, adding that facility completion is projected to be the
summer of 2003 .
It was noted that annual projected operating costs for the first five
years is $101,560 , making additional operating costs approximately
$70 ,000 annually.
Mayor Swaim related two issues that hinder the City from committing to
Capital project s currently is the possible payback of 1.7 to 1 .9 million
dollars regarding the use tax lawsu i t and the loss of an additional
$500,000 annually from the existing budget if the l awsuit is lost.
City Attorney Bamburg related a decision should be forthcoming in May.
3
0001.S4
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
DE CEMBE R 2 0 , 2001
7 :00 P .M. -7:57 P .M.
Mayor Swaim related that those two issues and the possibility of
receiving a grant are factors in the financing . He suggested t h at the
City Council revisit the proposal once the lawsuit settles, giving the
City an opportunity to have a clearer i deal of projected revenue . He
mentioned the current economy downturn and stated that he hoped an answer
regarding the lawsuit is forthcoming.
In response to a question posed by Alderman Smith, Mayor Swaim related
that the grant request was for $250,000 , adding that as expected grant
request were four times the avai l able amount. He related the need to
resolve questions regarding future income, pointing out that operating
costs were held, with the exception of Parks and Recreation, in every
department until the lawsuit is settled, and income projections allow a
move forward.
Alderman Elliott questioned when construction would need to begin to
r eady fo r the 2003 season.
Mr. Rahman stated that construction period would be approximately nine to
twe l ve months.
Mayor Swaim stated that hopefully there would be good news regarding the
lawsuit, adding that the City needs the opportunity to analyze five
months of sales tax .
In response to a question posed by Alderman Smith, Mayor Swaim related
that the lawsuit involves Pulaski County , explain i ng that it i s the same
lawsuit filed previously .
City Attorney Bamburg clarified that either side would appeal the rulin9
at this level, adding that resolution is not likely until it comes front
the Supreme Court .
Mayor Swaim pointed out that the attorneys were abl e to keep citi es fro n1
being forced to escrow money monthly. He explained that the plaintiff's
attorney had requested an escrow between $450,000 to $500,000 annually so
monies would be available. He related that if the lawsuit were lost,
co l lection would go back to 1998. He explained that the lawsuit involves
the ballot title wording some years ago , saying that a suit was f iled and
was won once before . He then explained that the State Legislature passed
an action that corrected the previous action, and now the lawsuit make:3
the claim that the legislature did not have the authority to allow that.
He concluded saying that is where the challenge currently stands , and
that the argument began over the ballot title regarding the one-cen·c
sales tax for the County.
He stated that everyone appreciates the hard work of the Commission,
adding that he hates to see it sit on the self for two or three months
but hopefully answers are forthcoming.
PLANNING COMMISSION:
4
GENERAL: a . RESOLUTION 555 (#15-01)
ooo1os
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7 :00 P .M. -7:57 P.M .
A RESOLUTION ENDORSING PARTICIPATION IN THE OZONE FLEX PROGRAM OF THE
ENVIRONMENTAL PROTECTION AGENCY; AND , FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Ray to Read Resolution 555
(#15-01). MOTION CARRIED . Whereupon City Attorney Bamburg read the
Resolution title .
Mayor Swaim related that the Metropo l itan statistical area (MSMA) is non-
attainable regarding the ozone. He explained that EPA and the State has
decreed that citi es would be under the ruling to do cert ain things unless
they agree voluntarily to make some concessions. He sated that the other
Municipalit i es within the metropolitan stati stical area have agreed to
pass a resolution to cooperate regarding methods of reducing air
pollution within the area. He ment i oned activities that contribute to
increased air pol lut ion, saying that voluntary programs would help keep
the City from coming under the non-attainment situations . He stated that
the numbers support non-attainment, but would not be official for 6
months. He stated that if the City enters the voluntary program then it
can move at its ow n pace as opposed to being mandated how to remedy the
problem. He stated that the non-attainment situation reaches a 50-mile
radius of the metropolitan area and is measured in North Little Rock.
Alderman Smith moved, seconded by Alderman Stroud to approve Resolution
555. MOTION CARRIED .
b. ORDINANCE 1169 (#23-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §5 .16; MODIFYING RULES
AND REGULATIONS FOR ITINERANT MERCHANTS, SOLICITORS, AND VENDORS IN THE
CITY OF JACKSONVILLE; AND , FOR OTHER PURPOSES .
Al derman Stroud related that the Ordinance has been revised to include
previous recommendations from the Council, adding that other concerns
were voiced regarding so licitation till 8: 00 p .m. He commended City
Attorney Bamburg for his research and ordinance presentation.
Discussion ensued and it was the consensus of the City Council to amend
the solicitations hours to end at 7:00 p .m.
Alderman Fletcher moved, seconded by Alderman Stro u d to place Ordinance
11 69 on THIRD AND FINAL READING as amended. ROLL CALL : Aldermen Elliott,
Smi th, Lewis , Sans ing, Ray , Fletcher, Stroud, and Howard voted AYE.
Whereupon City Attorney Bamburg read the Ordinance title.
Alderman Fletcher moved, seconded by Alderman Ray that Ordinance 1169 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith , Lewis,
Sansing, Ray , F l e t cher, Stroud , and Howard voted AYE .
ORDINANCE APPROVED 1 ADOPTED AND NUMBERED 1169 THIS 20TH DAY OF DECEMBER
2001.
5
ooo ln6
c . MATHEWS PROPERTY UPDATE
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20 , 2001
7 :00 P .M. - 7 :57 P.M .
Mayor Swa i m related that the property is located at the intersection of
Schoo l Drive and Hwy 161.
City Attorney Bamburg related some difficulty from the first appra iser
not providing information or material as needed. He stated that he has
obta ined a second appraiser who has reviewed the property and is
gath er i ng his comparatives, addi ng that a report wou ld be forth comi ng by
the first of the year.
d . REQUEST TO ACCEPT BID for ANIMAL SHELTER ELECTRICAL SERVICE
Alderman Smith moved seconded by Alderman Stroud to approve the bid from
Conrade Electric in the amount of $21,608 .00 with funds to be drawn from
the Capital Improvement fund set aside for the Animal Shelter.
Di scussion ensued regardi ng the difficulty to receive bids. Mayor Swaim
related that the City has made all efforts to encourage bid offers,
pointing out that on occasion some items were sent to bid twice .
At this time, MOTION CARRIED .
e. ORDINANCE 1170 (#24-01 )
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2002 MAKING APPROPRIATIONS AND
AUTHORIZING EXPENDITURES FOR OPERATION OF VARIOUS DEPARTMENTS OF CITY
GOVERNMENT FOR THE PURCHASE OF MATERIALS, SUPPLIES, EQUIPMENT , AND
SERVICES [COVERS : GENERAL FUND OPERATIONS, STREET FUND, AND SANITATION
FUND]; DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES .
Mayor Swaim stated that the overall increase i n the budget is 3.83%. He
related that scheduled r a i ses based on t he requirements of the previous
salary survey were met . He stated that the budget is bal anced and that
services have not be en cut . He commended Mr. Mushrush for the extra time
spent on the budget, saying that budget preparation is intense because it
is a line -i tem budget. He explained that line -items are compared to the
previous years expenditure and j ustifi cation is required for funding. He
stated that personnel costs is the largest portion of the budget, adding
that diligence has been applied to keep the operati ons and Capital
I mprovement pro j ects on track.
Mr . Mushrush stated that although a historical budget is presented, the
approach is only historical from a reference point of v iew . He explained
that curren t ye ar ope r ating costs and revenues a re projected out
approximately f ive years regarding present knowledge and expected chan ges
in the economy. He stated that this has been a prudent method and has
been benefi cial to t he Ci t y especially this year . He stated that in
pe ri ods o f economic uncertaint y the first ru le of thu mb is to cut
operat i ng costs, pointing out that the budgetary process is t he primary
tool to allow that. He added that the other element was a deliberate
plan set for shortfalls in revenues . He stated that the lar gest revenues
i n t h e ge n era l f und are sales t axes at 61%. He pointed out t hat t he
County sales tax difference from this time l ast year is $3,700 ., which
represents a flat line. He stated that regardless of an y use tax issues
6
0001S7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 2 0, 20 0 1
7 :00 P .M . -7:5 7 P .M.
t he recovery period back to normal operation woul d be approximately three
years. He stated that there would be slow growth over the next t hree
years , adding that if a problem with the use tax develops then our
r ecovery period is going to be approximately fi ve to six years. He
stated that those factors are taken into accoun t when adding to the
operational burden, adding that if there i s no sus t aining growth then it
turns into the short-fa ll t h at o t her cit i es have fallen into. He stated
t h at Li t t l e Rock and North L i ttle Rock have fallen into that category.
He added that that Jacksonville has a specifical l y i ncreased budget that
has been very wel l t hought out regarding the longer term. He related
that there is approximately 5 wee k s and 3 days of operating reserve in
t h e General Fund . He stated that another factor to be considered is the
persp ective of what occurs over time , saying that on handouts inc l uded in
t he b udget he has t aken t he Parks and Recreation Department and e x tracted
it out ove r a 1 0-year period regarding how money is spent and at what
l eve l s. He asked the Council to note that when the Community Center was
opened operating costs i ncreased about 45 degrees as indicated on the
supporting data. He then added that if you compare revenues relat i ve to
tha t function they are flat . He stated the need to deal with changes i n
operating costs wi t h good analysis . He related that he ana l yzes every
electrical meter , gas meter, phone line, and etc. for the budgetary
process , adding that this is what is needed when considering operating
cos t s for the new center. He related that there are spec i fic ways to
make realistic projects, and has p rovided charts t o help Council in their
d ecision making process. He concluded saying that the City is up the
t ask of excellence in budgeting and has proven it.
Al derman Ray expressed his appreci a t ion for the extra work regarding the
b u dget preparat ion and complimented Mr. Mushrush for a job we ll done . He
re l ated that when approached by employees regardi ng ra i ses he had
expressed conf idence fo r the comi ng year.
Al de r man Smith re l ated that being familiar wi th budget preparat ion, he is
aware of what i t ta k es i n cur r e n t times to balance a budget. He related
t h at no one could have predicted the September 11th tragedy, and the fact
that so many peop l e are being laid off. He stated that the City should
p l ace funds in a reserve regarding the lawsuit , and hopefully later the
funds can be used for City projects. He agreed that the City has done a
great job.
Al derman Elliott expressed appreciation to all Department He a ds, the
Mayor, and Mr . Mu shrush for presenting the Counci l with a good, d etailed,
easy to understand budget that does not require "hashing outu i n Council
for seven hours as Li t tle Rock had done.
Mayor Swaim mentioned factors that affected the budget , poi nting out that
$110 ,000 was absorbed into the budget regarding increased insurance costs
and noted that insurance costs have become so expensive that some
ad j ustments mus t be made i n the future . He then related another factor
outside the control of the City , when the State legislature i n creased the
retirement percentage paid by the City into the LOFI program and APERS
r e t irement for non -u ni form employees.
7
000:1:58
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7 :00 P .M. - 7 :57 P.M.
Alderman Elliott moved, secon ded by Al derman Stroud that Ordinance 1170
b e placed on FIRST READING . ROLL CALL : Aldermen Elliott, Smith , Lewis,
Sansing, Ray , Fletcher, St r oud, and Howard voted AYE. Whereupon City
Attorney Bamburg read the Ordinance title.
Alderman Smith moved , secon ded by Alderman Howard that Ordinance 1170 be
accepted on FIRST READING . ROLL CALL : Aldermen Elliot t, Smith, Lewis ,
Sansing, Ray, Fletcher, S troud , and Howard voted AYE.
Alderman Stroud moved, seconded by Alderman Ray to suspend the r ules and
place Or d inance 11 70 be placed on SECOND READING . ROLL CALL: Aldermen
Ell i ot t, Smi t h, Le wis, Sans i ng, Ray , F letcher, Stroud, and Howa rd voted
AYE. Whereupon Ci ty Attor ney Bamb u rg read the Ordinance title .
Alderman Ray moved , seconded by Alderma n Lewis to further suspend the
rules and p l ace Ordi nance 1 1 70 on THIRD AND FINAL READING .
Discu ssion ensued r egarding a 25% i nc r ease i n approp riated funds fo r the
Pu l ask i County Jai l . Mayor Swaim re l ated that he felt t he County would
ask f o r more funds than appropriated , adding that Jacksonvi l le is paying
mo r e than its fa i r share. He noted budget dif f iculties experienced by
the County and noted efforts by the County to recover $700,0 0 0 from the
State and other efforts to keep non -violent criminals from b e ing jailed .
ROLL CALL : Aldermen Elliott,
Strou d, and Howard voted AYE .
Ordinance title.
Smith, Le wis, Sansing , Ray , Fle tche r,
Whereupon City Attorney Bamburg read the
Al derman Smith moved, seconded by Alderman Lewis that Ordinance 1170 be
APPROVED AND ADOPTED . ROLL CALL : Aldermen Elliott, Smith , Lewis ,
Sansing , Ray, Fletcher , Stroud, and Howard voted AYE .
Alderman Ray moved , seconded by Al derman Lewis that the EMERGENCY CLAUSE
be attached. ROLL CALL: Aldermen E ll iott, Smith, Lewis, Sansing , Ray ,
Fletche r, Stroud, and Howard voted AYE.
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1170 THIS 20TH DAY OF DECEMBER
2001.
Mayor Swaim thanked the Counc i l for their support , saying that it was a
difficult budget year .
Alderma n Stroud re l ated tha t the Ci ty is in good shape financia l ly and
noted that emp l oyees received the benefit absorbed by the City regarding
rising health care costs as well as a pay raise .
APPOINTMENTS:
Alderman Fletcher moved, seconded by Alderman Stroud to approve the
appointment of William Mon t gomery to the Jacksonville Plannin g commission
for a term to expire 1/1/2005 . MOTION CARRIED .
8
0 00159
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 20, 2001
7 :00 P .M. -7:57 P.M .
Alderman Fletcher moved, seconded by Alderman Stroud to approve the
reappointment of Art Brannen and Chad Young to the Jacksonville Planning
Commission for terms to e x pire 1/1/2005 . MOTION CARRIED .
ANNOUNCEMENTS: Mayor Swaim announ ced that City Hal l would be c l ose d
Dece mber 2 4 th and 2 5 th fo r the Chri stmas Hol i days .
I t was noted that bulk h ousehold pickup will be Wednesday thro u g h Friday
fo ll owing the Christmas Holidays and garbage pic k up wil l be Thursday and
F r i day .
Mayor Swaim the n r e lated t hat City Hall would be closed New Years Day.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :58
p .m .
Res p ectfu l ly ,
~,g,;.,) a...;_,_
MAYOR TO SWAIM
9