2002·ooo1.70 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
JANUARY 3, 2002 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 Council Meeting
December 20 , 2001
Regular City Council Meeting
December 6 , 200 1
7. WASTEWATER DEPART MENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT :
10. STREET DEPARTMENT:
11. SANITATION DEPARTM ENT:
12. PARKS & REC DEPT :
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a. ORDINANCE 1167 (#21-01)
Discharge of weapons inside City
Limits (Alderman Fl etcher)
b . Ward Map Redistr ict ing
(Included in packet)
(Mayo r Swaim)
c. Resolution 556 (#0 1-02)
Agreement for Sidewalk Easement
(avail at meeting)
(Mayor Swaim)
000171
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7 :00 P.M . - 7 :19 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvil l e, Arkansas met in Regular
Session on Janua r y 3, 2002 at the regular meeting place of the Counci l.
Al derman Fletcher delivered the invocation and Mayor Swaim led a standing
audience in t he "P l edge of Allegiance " to the flag .
ROLL CALL : Aldermen: El liott , Smith, Sansing, Ray, Fletcher, Stroud ,
Twitty, and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum . Al derman Lewi-s arrived at approximately 7:06 p.m.
PRESENT nine (9), ABSENT (1). Mayor Swaim related that Alderman Wi l son 's
father has passed, saying t hat a strong supporter of the community has been
lost. He announced that the funeral arrangements are for 2:00 p.m. at the
Methodist Church on Saturday . He reminded everyone to remember t he Zumwalt
family in their recent loss.
Others present for the meeting were: City Attorney Robert E. Bamburg ,
Deputy City Clerk Teresa Carter, Director of Adm i nistration Murice Green,
Human Resou r ce Director Charlie Brown , City Engineer Jay Whisker ,
Director of Public Works Jimmy Oakley, Purchasing Agent C.J . Brown, CDBG
Di rector Theresa Watson , Interim Chief Ken Boui ll on, Police Captain
Baker , Fire Chief Vanderhoof , Parks and Recreation Director George Biggs ,
Park s Assistant Administrator Patty Walker , Plan n i ng Commission Cha irman
Art Brannen, Mr s. Judy Swa i m, Mr . Wi l lie Sm i th , interes t ed c i t i zens a n d
members of the p re ss .
PRESENTATION OF MINUTES :
Mayor Swaim present ed the minutes of the Regular City Council Meeting of
December 20, 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 6 December 2001 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PLANNING COMMISSION :
GENERAL : a . ORDINANCE 1167 (#21-01)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 9 .12 ; PROHIBITING THE
UNQUALIFIED DISCHARGE OF WEAPONS WITHIN THE CORPORATE CITY LIMITS OF THE
CITY OF JACKSONVILLE; ASSESSMENT OF A PENALTY FOR VIOLATION OF THE TERMS
OF THIS ORDINANCE; AND , FOR OTHER PURPOSES .
1
OOO:l7Z
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P.M. -7:19 P.M.
Alderman Fletcher related tha t in recognizing that bows are used in sport
o utside of hunting the ord inance has been mod ified from pl acing a total
ban on bows to allow for clu bs and businesses to continue bow practice .
He stated that as a weapon bows can be dangerous a n d should n ot be
discharged in the Ci ty limits without certain parameters , guidance, and
supervision.
Alderman Fletcher moved, seconded by Alderman Stroud that Ordinance 1167
be placed on FIRST READING .
Alderman Sansi ng stated that Jacksonvi l l e Mun i cipa l Code 9.12 addresses
the discharge o f weapons in the City limits, but does not speci fically
mention bows. He added that Chapter 6 .1 2 (Wildlife Protection ) of the
Jacksonville Municipal Code would prevent bows fr om being used in the
City limits for hunting purposes.
Discussion e n s u ed as to the incident involvi ng a house struck by an arrow
and the possibility of it be ing a hunting mishap.
Alderman San sing stated that given the cur rent ordinance agains t hunting
inside the City l imits , h e did not feel passing a new o rdinance would
p revent illega l hunting any more than the current one . He menti oned
other areas in the J acksonville Municipal Co de regarding provisions for
fir e works , say ing that common sense i s going t o preva i l.
Alderman Fletcher stated that there is no difference in the severi ty of
damage an arrow can produce either in hunting or target practice . He
rela ted that the proposed ordinance only adds bows to the ex i sting
ordinance, say ing that the bow and arrow is a weapon a nd should be
considered dangerous. He the n stated t h at i f comm o n se n se were to
prevai l, the City wo ul d not need any ordinances .
Alderman Elliott stated t h at he did not fee l a n e ed for the proposed
ordinance , saying that it wou l d p e nalize law-abiding citizens who
exercise safety . He stated that anyone who hunts il l egal l y wou l d
cont i nue regardless , adding that t h e existing o rdinance covers hunting i n
the City l imits.
Alderman Fletcher po inted out the l ack of adopted Code authoriz ing Po l ice
to address bow and arrow use in the City limits . He went o n t o say that
he f eels l eadershi p in the commun i ty invo l ves projecting foresight.
Alde rman Elliott expressed concern for over reacting to wha t is not
deemed a prob lem and penalizing others.
Di scussion ensued regarding problems with basketball goals on
thoroughfare streets and pena li zing r esidents living in culdesac areas .
The differen ce regarding private property and City streets was mentioned
a l o n g with the issue of corporate City l imits.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3, 2002
7:00 P .M. -7:19 P.M.
Alderman Sansing stated that there are homes within the Ci t y limits that
have large open areas where bows can be practiced safely using c o mmon
sense, adding that the o rdinance would make that practice illegal .
Alderman Fletcher pointed out that if a uniformed level of common sense
existed the City would not have passed the private property clean-up
ordinance l ast summer.
Alderman Howard stated that he had received calls from ci tiz ens who have
safe target practice areas setup in their yard, adding that he agrees the
ordinance would penalize them.
City Attorney Bamburg clarified that Section one, Paragraph b allows
targe t practice for a qualified area in a location designed for the safe
and protected discharge of weapons t o occur.
Discussion ensued and City Attorne y Bamburg related there are Federal
provisions under the Alcohol, Tobacco , and Firearms Agency that regulate
t h e requirements of target practice areas. He then responded that in
checking with other surrounding municipalities , most have not addressed
specifically the issue of bows.
Alderman Sans ing questioned
private property would be
certification process.
if an individua l
subject to the
practicing
regulations
on
or
his
an
own
ATF
City Attorney Bamburg related that he was unsure t o the extent of ATF
regulations , adding that he i s aware that there are regulations that
provide for the nature of constitut es a safe area. He offered that the
information , if the ordinance were adopted , would allow the Police
Department enforcement.
Discussion ensued and City Attorney Bamburg further c larified that the
ordinance would allow bow use f o r a particular area if the appropriate
r egu l ations are followed to make the area safe.
Alderman Fletcher called for question to the motion.
ROLL CALL : Aldermen Fletcher voted AYE. Aldermen Elliott , Smith, Lewis,
Sansing , Ray , Stroud, Twitty , and Howard voted NAY . MOTION TO READ
ORDINANCE 1167 FAILED.
b. Ward Map Redistricting
Mayor Swaim related that following a census; cities are required to meet
certain jurisdicti ona l systems criteria. He stated that City of
Jacksonville uses the Metroplan Planning Organization to map out those
guidelines , expressing that the specific importance is an even balance in
voters throughout the ward system of the City. He pointed o ut that the
tolerance range is between 6,282 and 5 ,684 , saying that each ward now
meets that criterion. He pointed out a map presented to Council
dep i cting the new and old ward map districts .
3
0001:?4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 3 I 2002
7 :00 P .M. -7 :19 P.M.
I n response to a ques t ion posed by Alderman Sansing, Mayor Swaim related
that of the five other alternatives considered , the altern ative 6 map
presented the best balance of voters. He clarifi ed that fol l owing t he
2000 census , al l wards needed to be brought into compliance. He pointed
out that thre e wards averaged too high and two were below. He clarified
tha t comp liance strictly addresses the change in the population .
Alderman Smith moved , seconded by Alderman Howard to approve Altern ative
6 for formal adoption at the January 17 , 2002 City Council meeting .
MOTION CARRIED .
c. RESOLUTION 556 (#01-02 )
A RESOLUTION AUTHORIZI NG AND ENDORSING CONSTRUCTION OF A SIDEWALK ON AND
THROUGH CITY PROPERTY; AND , FOR OTHER PURPOSES .
Mayor Swaim explained that for the benefit of the Department of Defense
LRAF B the Resolut i on authorizes the construction of a sidewalk on City
ow n ed property.
Alderman Stroud moved, seconded by Alderman Ray to read Resolution 556.
MOTION CARRIED. Whereupon City Attorney Bamburg read the title of
Resolution 556.
Mayor Swa i m r eferred to the map provided to Council , saying that it
i nvo l ves the s i dewa l k being constructed f rom Dupree Park to the
Recreation Cente r and City Hall . He stated that the sidewal k is proposed
to be located on the property adjacent to t he railroad.
Ci t y Attorney Bamburg related that the Reso l ution is a technical
housekeeping measure , explaining that the current easement provides for
the railroad, but does not address use for a sidewalk.
Alderman Ray moved, seconded by Alderman Elliott to approve Resolution
556. MOTION CARRIED.
ANNOUNCEMENTS : Ma yo r Swaim asked that Co u ncil members plan ning t o atten d
the Nat i onal Leag ue of Cities meeting in Washington DC March gth - 1 2th
need to contact Bertha Tipton regard ing regi strat i on. He encouraged
early reg i str a t ion .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :19
p .m.
Respectfully,
MAYOR TOMMY SWAIM
4
City Council Of Jacksonville, Arkansas
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Police Department)
(Fire Department)
(Engineering Department)
6. WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
January 17, 2002 7:00P.M.
Regular City Council Meeting
January 3, 2002
Regular City Council Meeting
December 20 , 2001
Regular Monthly Report/December
Director of Public Works Jimmy Oakley
Regular Monthly Report/December
Interim Police Chief Bouillon
Regular Monthly Report/December
Fire Chief Vanderhoof
Regular Monthly Report/December
City Engineer Jay Whisker
oco:t75
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REC DEPT :
12. PLANNING COMMISSION :
13 . GENERAL:
a.
b.
14 . APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
STATE OF THE CITY BY MAYOR SWAIM
Annual Water and Wastewater Reports
(Mayor Swaim)
(available at meeting)
ORDINANCE 1171 (#1-02)
Approving Redistricting Plan for Electoral
Wards (Mayor Swaim)
Storm Water Compliance Report
(Mayor Swaim)
Joint Planning Comm . and City Council Meeting
28 January 2002, 7:00 p.m .
City Hall Council Chamber
City Hall will be closed January 21, 2002 in
Observance of Martin Luther King's birthday
0001:76 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 17 , 2002
7 :00 P .M. -7:4 5 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci ty of Jac ksonville, Arkansas met in Regular
Session on Januar y 17, 2002 at the r egul ar meeting place of the Council .
Alderman Smith delivered t he invocation and Mayor Swaim led a standing
audi ence i n the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smi t h , Sansing, Wilson, Stroud, Tw i tty, and
Howard answered roll call . Mayor Swaim also answered ROLL CALL declaring a
quo r um. Alderman Fletcher arrived at approximately 7:02 p .m. PRESENT eight
(8), ABSENT (2). Mayor Swaim related that Al derman Ray underwent knee
surgery at approximately 2:00 p.m . today .
Others p r esent for the meeting were: City Attorney Robert E . Bamburg,
Deputy City Clerk Teresa Carter , Director of Administration Mu rice Green,
Human Resource Di rector Charlie Brown, Ci t y Engineer Jay Whisker,
Director of Public Works Jimmy Oakley , Purchasing Agent C.J . Brown, CDBG
Director Theresa Watson, Finance Di r ector Paul Mushrush, Finance
Account ant Cheryl Erkel, Water Department Superintendent Ken Anderson,
Water Commission Chairman Thad Gr ay, Wastewater Manager Thea Hughes,
Wastewater Commission Chairman Joan Zumwalt, Wastewater Commiss i oner
Kath y Parsons , Interim Chief Ken Bouillon, Police Captain Baker , Fire
Chie f Va nderhoo f, Parks a nd Recre a t i on Director George Bi ggs , ParkE;
Ass i s t ant Administrator Patty Walker , P l anning Commission Cha i rman Art
Brannen, Mr s. Judy Swaim, Mrs. Helen Stroud, Mr . Willie Smith, interested
c i tizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Meeting of
Janua r y 3 , 2002 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 thH
Regular City Council Meeting of 20 December 2001 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the RegulaJ:
Monthly Report for the month of December 2 001 . Said Report reflects :
REVENUES: 547 .50
CONTRIBUIONS : 180.00
ADOPTIONS/FINES : 547.50
TOTAL: 727 .50
REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Smith that the RegulaJc
Monthly Report for December from the Jacksonville Police Department b t=
APPROVED. Said report reflec ts; Total Value of Re ported Stolen Propert y
$88,454.00 , Total Value o f Recov ered Stolen Prop erty $13,234 .00 , and
Total Report Sales $616 .00.
1
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
0001.77
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 17 , 2002
7 :00 P .M. - 7 :45 P .M.
Alderman Elliott moved , secondedby Alderman Smith to approve the Regular
Monthly Report for December fro m the Jacksonville Fire Department, which
r e flects a fire loss of $21 ,0 5 0 .00, and a Savings Total of $120,000.00.
ROLL CALL: Aldermen Elliott, Smith, Sansing , Wilson, Fletcher, Stroud,
Twitty, and Howard voted AYE. Motion received (8) AYE . (0) NAY . MOTION
CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PLANNING COMMISSION :
GENERAL : STATE OF THE CITY BY MAYOR SWAIM
Mayor Swaim related that whil e t h e printed r e port is approx i mately 20
pages l ess than previous year s , the in format i on is more concise .
Mayo r Swaim r e lated that he is t h ankful to the City Coun c il, City
emp loyees and other officia l s , adding that while there are always
diff i culties in any working environment , the City Council and staff have
been a p l easure to work wi th .
He read from an essay submitted in a leadership tra ining class by a Ci ty
department head five-years ago , titled "My v i sion for Jacksonvil l e 2002."
"In the year 2002 we will be able t o transverse the Ci ty of Jacksonville
fr om east to west uninterrupted by train t r affic . The l ong awa i ted Main
Street Overpass ha s been comple t ed ; the farme rs market is operat i ng unde r
t h e Overpass and famil ies picnic a t the Depo t Park located ne a r Cente r
and Short Street , the o r igina l t rain depot lo cat i on . After the picnic,
t h ey will take a new bike path to the soccer complex located next t o
Dup r ee Park. The east area of the t r ac k s has some new commercial
deve l opment ; a l so , additional housing for the e l d erly i s under
constru ction n ear the Jacksonville E lder l y Activities Ce nt er. Downtown
businesses have adopted a common theme for business f ronts and some
downtown beautification projects have been comp l eted . Peop l e will be
drawn to the City from the h i storic downtown area and re creation
activities ava i l a bl e in surrounding parks, camping availab le a r ound
Dupree and P arad i se Lakes. Severa l new industries a r e breaking ground in
the industrial site l ocated at Redmond Road and Main Street, as a r esult
of the Jacksonville I ndustrial Recruiting Committee and the Chambe r
Foundation. The d rive f r om Redmo nd Road to Elm Street on Main ref l ects
the pride of ou r rejuvenated business , as our new subdivis i ons are filled
to capacity and with oth ers in planning , it is a testimony to our slogan
the "City of Cho i ce."
2
0 00:178 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 17, 2002
7:00 P.M. -7:45 P.M.
Mayor Swaim stated that the essay reflects working efforts that are
beginning to transpire; adding that the philosophy regarding future plans
f o r Jacksonville has not changed. He stated that Jacksonville
experienced difficulties regarding the December ice storm that took
months to cleanup, and that the September 11th event burdened everyone's
heart and created terrible economic problems. He stated that while there
is a lot of negative news to speak of, he wanted to bring to focus the
goals planned for the City. He added that he is very pleased that some
of the goals are becoming a reality, pointing out that the railroad
overpass is finally under construction.
He noted that the Ci ty received grant s of $200,000 for the Parks
Department and a grant of $209,000 for sidewalks to connect Dupree Park
to James Street. He related that the walking trail in Dupree Park will
be open soon, and the new bathroom is nearing completion; which will
round out the balance of the project.
He stated that there are many capital projects underway in the City,
noting that the old recycling center has been torn down, and a building
renovated on Marshall Road that was once part of the Vertac Plant site.
He reported that the recycling center collected 1, 030, 000 lbs. of
recyclables, which sold for over $25,000. He related that the City has
an excellent recycling center that is the envy of any other in the State.
He related that the new animal shelter would complete construction this
year, and that Arkansas Precast has begun work on the forms for the
downtown fountain.
He stated that over $400,000 was spent on drainage projects throughout
the year, and another $105,000 for reconstruction of the Redmond Road
Bridge . He related that while drainage efforts have been successful
demonstrated by earlier rains, there is still a lot of work in the area
of drainage.
He related that 4.5 miles of paving was completed last year and the City
condemned four houses, of which three were demolished . He stated that
the City Council has passed a strong ordi nance to support a cleaner City,
pointing out that 547 inoperable vehicles were cited, and 1,184 letters
written for cleanup. He stated that accomplishments were poss i ble
through a team effort with the Council and employees who have been great.
He expressed some disappointment regarding the Census returns, saying
that the count only increased by 815 over the last ten years, but added
that of the 29,916 citizens counted, he is proud of every one. He
reported that construction of new single-family housing increased by 2.5
million with an additional 17 new homes constructed last year for a total
of 86 . He stated that the average price of a new home rose from 93.2 to
104.4 thousand dollars, which indicates that citizen's average inco me,
has risen as well. He stated that the Chamber of Commerce report reflects
that there were 23 ribbon cuttings for new businesses, which supports a
growing commercial improvement in our community .
3
0001.79
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 17, 2002
7 :00 P.M. - 7 :45 P .M.
He stated that Rebsamen Hospital scored a 93 on its Joint Commission of
Accreditation of Hospitals inspection , saying that the exce l lent score
tells us that we have good medical attention in our community .
He reported that despite economy concerns th i s past year the City
finished 2001 with a very stable City budget. He related that while
other cities had to make drastic cuts to their budgets, the City of
Jacksonville was able to balance the budget without any cut in services
and provide employee raises .
He credited t he Finance Department for their hard work on the budget,
adding that the City is very serious about managing citizen tax dollars
and spending it to the best advantage. He related that the goal
regarding finance is to ensure financial integrity and promote efficient,
effective and accountable government. He thanked the citizens, City
Council members and employees for anothe r good year , adding t hat in the
past 15-years the State of the City reports have come a long way. He
acknowledged great i mprovements and stated that he is very proud of what
our employees and elected officials have accomplished in the City of
Jacksonville. He related that in looking forward , 2002 presents another
opportunity with its own set of challenges to be as great as 2001.
Alderman Smith congratulated the Mayor and employees for a successful
year .
ANNUAL WASTEWATER REPORT
Ms. Thea Hughes directed Councils attention to the report submitted ,
pointing out pages 3 and 4, saying that EPA's administrative order is
what has been driving them for the past several years . She related that
in 1995, they were ordered to investigate the entire system, make repairs
to t h e collection system , expand the treatment plant and close the West
Treatment Plant. She reported that the West Treatment Plant closed and
al l the flow has been redirected to the newly expanded Johnson Plant.
She related that the Department is still making repairs t hroughout the
City and will continue in the next few years. She s t ated that
Administrative Order deadlines were met as scheduled and that priorities
1, 2 and 3 are completed. She related that priority 4, has become
priority 1 today and has become more significant as the system
deteriorates. She related that it would be followed with flow monitoring
regarding each repaired sub -system. She pointed out a 15 to 40 percent
signi ficance in repair which has caused the flow to decrease by that
much , adding that 20 to 30 percent reduction is considered very good.
She related the Administrative Order will end in 2004 and the Commission
feels that aggressive rehab of the system is warranted because of
deterioration.
She re l ated that in 2001, 1 , 942 million gal l ons of wastewater was
treated, and there were no violations regarding the laboratory or
monitoring. She re l a t ed that the plant has gone for six straight years
without violating the NPDES permit. She stated that the system is
routinely cleaned everyday with the jet truck . She related that the
original 1995 report sa i d that 873 private service l ines needed to be
4
0001SO
CI TY OF JACKS ONV ILLE
REGULAR CITY COUNCIL MEETI NG
J ANUARY 1 7, 2 002
7:00 P .M. -7:4 5 P .M.
repaired, adding that as of last year those repairs have been completed.
She stated that in 2002 they found 28 additional lines that were
immediately repaired , expressing appreciation to the citi ze ns of
Jacksonville for supporting their on-going efforts .
She related that the Wastewater Department accepted 5,043 feet of new
ma i n l i ne and 22 new manholes l ocated in the Tr iang le Park development,
and Northlake Phase VII I, along with a new pump station in Northlake .
She related significant repairs to some of the existing pump stations,
adding that 18 employees received or upgraded their licenses required for
certification from the State. She stated that she anticipates a b usy
year ahead.
ANNUAL WATER DEPARTMENT REPORT
Mr. Ken Anderson summarized the accomplishments for 2001, saying tha t
under the guidance of the Jacksonville Water Commission, which incl udes
Jim Peacock, Gordon Koops, Davi d Chamblee, Jack Danielson, and Cha irma~
Thad Gray, he is able to report that the Jacksonville Water Works ha5
completed another year under budget, while making many improvements t o
the water system.
He related that water production for 2001 was down due to the mi ld summer
and increased winter rain and a sharp reduction in the sale of water to
Cabot. He stated that on May 19, 2001, we reached a high for the year of
8 .9 million gallons, which was less than last year 's record of 10.~
mil l i on gallons, which occurred on August 30, 2000. The total production
for the year was 1 .9 bill i on gallons, which was a 13.2 percent decrease
from the previous year. The average daily flow for 2001 was 5 .1 million
gallons.
He stated that one of the major projects completed during the ye ar was
the installation of standby power generators , which operates the we l ls,
high service pumps at the East Plant, and the Administrative Office. The
project has greatly improved the capability to provide water to customers
regarding a power outage.
He pointed out that Water Works forces and contractors installed 15 ,48 B
linear feet of pipe, while making upgrades in the following areas: Main
Street Bridge relocation, Sunnyside Phase VIII service connections,
Co ffelt Road 6" water line loop, Quince Hill Road meter connections ,
Chapel Ridge Apartment Complex, Military Road , John Harden to North Firs1:
Stree t 12" water ma i n impr ovement project, Western Hill Subdivision, and
Jacksonville Plaza.
Alderman Elliott commended the work of both departments and thE3
commissions.
Alderman Wilson suggested that a letter from the Mayor be sent to the
Commissions commending their efforts and accomplishments.
5
a. ORDINANCE 1171 (#1-02)
CITY OF JACKSONVILLE 0001S i.
REGULAR CITY COUNCIL MEETING
JANUAR Y 17, 2002
7 :00 P .M. -7:45 P .M.
AN ORDINANCE APPROVING A REDISTRICTING PLAN FOR ELECTORAL WARDS OF THE
CITY OF JACKSONVILLE , ARKANSAS ; AND, FOR OTHER PURPOSES .
Alde r man Smith moved, seconded by Alderman Stroud that Ordinance 11 71 be
placed on FIRST READING . ROLL CALL : Aldermen E l liott, Sm ith , Sansing ,
Wilson , F l etcher , Stroud, Twitty and Howard voted AYE. Whereupon City
Attorney Bamburg read the Ordinance title .
Alderman Wilson moved , seconded by Alderman St roud that Ordinance 1171 be
accepted on FIRST READING . ROLL CALL : Al de r men Elliott , Smith, Sansing,
Wilson , Fletcher , St roud , Twitty and Howard voted AYE .
Alderman E lliott moved, seconded by Alderman Stroud to suspend the rules
and p l ace Ordinance 1171 be placed on SECOND READING . ROLL CALL :
Al dermen El l iott , Smith , Sansing , Wilson , Fletcher, S t roud , Twi t ty and
Howa rd voted AYE. Whereupo n City At torney Bambu rg read t he Ordi nance
ti t le.
Alderman Sansing moved , se conded by Alderman St r oud to f u r t her suspend
the rules and place Ordinan ce 1171 on THIRD AND FINAL READING. ROLL
CALL: Aldermen E ll iott , Smith , Sansing, Wilson, Fl etch er , Stroud, Twitty
and Howard voted AY E. Whereupon City Attorney Bamburg read the Ordinance
tit l e .
Alderman Sansing moved , seconded by Alderman El l iott that Or dinan ce 1171
be APPROVED AND ADOPTED. ROLL CALL : Aldermen E lliott , Smith , Sansing ,
Wilson, Fl e tcher , Stroud, Tw i tty and Howard voted AYE.
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1171 THIS 17TH DAY OF JANUARY
2002.
b . Storm Water Compliance Report
City Engineer Whisker stated that Phase II begins March 10 , 2003 . He
rev i ewed that t he storm water act began in 1999 , and that the pur pose is
to cleanup the storm water. He related t hat efforts b egan with
wastewater and then drinking water and the focus now i s o n s torm wa t er.
He relat ed that EPA s tarted wi th cities over 100 , 000 in popu l ation,
p oint ing out that L i t tle Rock has been under mandate f o r two -yea r s . He
stated tha t L i ttle Roc k has four employees that work stri c t l y with
environmental issues , two specifically for t he NP DES permi t and two that
wor k with d r ainage rega r ding construction. He stated tha t they have a
budget of $110 ,000 for s alaries and vehicle maintenance. He relat ed that
Jacks onv i lle a lready practices maintenance measures , adding that we ne ed
to step up r ecord keeping measures . He stated that a measure not in
p l ace , b ut that is being worked is an i nfrastructure inve ntory . He
related that currently about a third of t h e mapping has been wo rked for
better record keeping and reporting , which he f e lt would be completed by
the end of the summer. He rela t ed that measures already being taken is
street sweeping , maintaining cu rrent drainage facilities and drudging
exis t ing channels , p l ugging l ea ks , and changing pipes annua l ly.
6
0001.32
CI TY OF JAC KSONVILLE
RE GULAR CITY COUNCIL MEETI NG
JANUARY 17 , 2002
7:00 P .M. -7:4 5 P .M.
Mayor Swaim related that the City of Jacksonville is one o f the 15 cities
in the State that has to comply, because it placed in the over 25,000
category, pointing out that cities below 25,000 do not have to meet the
guidelines yet. He noted that there has been concerns from citizens
because the City has ask them not t o put leaves and grass clippings in
the gutters because it washes into the drainage sys t em. He stated that
eventual l y water run -off testing is going to be required. He pointed out
that monitoring for ferti l i zer , pesticides and herbi cide s in t h e d ra in
system have caused some cities to create a storm water staff. He noted
that the Ci ty of Jacksonville has a jump rega rding compliance and he
hoped the citizens would understand that as a regu lation the City must
comply or be fined on a daily basi s .
In response to a question posed by Alderman Fletcher, Ci ty Engineer
Whisker re l ated that regul at ions f o r a 3-acre process are being lowered
to 1 acre in 2003 , which would then requi re a si l t fe nce , and hay bails
to protect the soil run-off from getting into the s t orm water .
Mayor Swaim s tated that in the fut ure there will be a sediment p ond
required for drainage leav ing subdivisions .
Ci ty Engineer Whisker mentioned that Wal-Mart constructed a retention
po nd when building.
Alderman Stroud quest ioned the method f or monitoring run -of f. City
Engineer Whisker related that sediment ponds would be required and.
monitored. He suggested an area just o utside of the Little Roc k Air
Forc e Base for a monitoring s ite .
Mayor Swaim stated that the monitoring site wou ld n eed to be a pl ace
where water accumulates from o ther areas .
Alderman Wilson stated that when regulations are mandated without f unds ,
it forces cities to raise revenues from other areas or decrease services.
He stated that Congress needs to understand that al o ng with mandates
f unds should be provided to help citi es comply .
Discus sion ensued rega rding u n -fund e d ma ndates and the l i mits to how
smal l er c ities a re abl e t o fund those mandates .
Mayor Swa im no ted that mandates are phased in to help citi es meet the
f inancia l burden . He s tate d that while this i s a burden to cities , as an
agri cultural s t a t e, it is a greate r burden to farmers who will be
regul a ted as to h ow much t hey can dump into the drainage areas from their
r ice and bean fields regarding pesticide and herbicide use. He related
that in speaking with Co ngressman Barry and Senator Lincoln, they h ave
expressed concern regarding Arkansas f a rming areas.
Discussion e n s u ed and it was related that each munici p al ity wil l monitor
itself for ADEQ and the EPA.
7
000:1.33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 17 , 2002
7 :00 P .M. -7:45 P.M .
ANNOUNCEMENTS : Joint Planning Commission and City Council meeting
scheduled 28 January 2002 , at 7:00p .m., City Hall . Mayor Swaim related
that the purpose of the meeting is to work with the Planning Commission
to set future goals and look at growth patterns as well as cons i derations
f or a green ordinance .
He then related that City Hall will be c l osed January 21, 2002 in
observance o f Martin Luther King 's birthday.
Public Works Director Mr. Oakley related that Monday 's garbage day would
be moved to Tuesday and Tuesday to Wednesday.
Mayor Swaim related t hat the Ar k ansas Highway Department has l et th e
contract to overlay Highway 161 from Woo t en Road to Main Street, and
scheduled the widening of Hwy 167/67 from Jacksonville to Hwy 40 t o t hree
lanes.
Discussion e nsued regarding a letter forwarded to the Council con cerning
a phone c ompany that had purchased time from CenturyTel for customers and
then went out of business. Mayor Swaim stat ed that he had worked wi t h
"Seven on your Side" to provide them information from the permitting
departme n t regarding who the peop l e were. He stated that cities do not
have control over this type of businesses, adding that the PSC has some
restraint. He related that i n most cas es, a supplier furnishes phone
service to c u stomers who have had trouble getting phone service . He
related that the City does not have an enforcement arm because it is not
a public ut i lity but a resale service. He stated that Century Te l had
said the company did not pay their bill, so they had no option but to
discontinue service .
Discussion ensued regarding the status of the condemnation of the street
adjacent to Whit Davis and Ci t y Attorney Bamburg re l ated that the
appraiser was finis h ing his reports , and had been able t o obtain
comparisons. He r elated that the information would be made available to
the owner for negotiations befo re proceeding with condemnation .
Alderman Wilson asked fo r addition updates , expressing safety concerns in
the area.
It was the consensus of the Council p r ocedure as quickly as possib le with
condemnation if the owner is unwil ling t o negotiate.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7:45
p .m .
Respectfu lly ,
~~~ MAYORTO~ SWAIM c
8
000:134 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
FEBRUARY 7, 2002 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:
Regular City Council Meeting
January 17 , 2002
Regular City Council Meeting
January 3, 2002
Regular Monthly Report/Jan uary
Public Works Director Jim Oakley
7 . WASTEWATER DEPARTMENT :
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SAN ITATION DEPARTMENT:
12 . PARKS & REC DEPT:
13. PLANNING COMMISSION : a. ORDINANCE 1172 (#2-02)
Reclassifying Property South of Graham
Road off Loop Road from R-1 to R-6
(Mayor Swaim)
14 . GENERAL :
15 . APPOINTMENTS :
a. RESOLUTION 557 (#2-02)
Federal-Aid Enhancement Monies for
the Redmond Road Pedestrian Trai l
Project (Mayor Swaim)
b. RESOLUTION 558 (#3-02)
Supporting Annexati on of Property
South Side of Jacks onvill e (Mayor Swaim)
c . REQUEST TO ACCEPT BID: Animal
Shelter Masonry Work (Mayor Swai m)
d . Revision to Comm unity Development
Policy and Operating Manual
(info . Included in packet) (Mayor Swa im)
16 . ANNOUNCEMENTS : City Hall will be closed February 18, 2002
in observance of President's Day
ADJOURNMENT
0001 35
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 2002
7 :00 P.M . -7 :30 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 February 7, 2002 at the regul ar meeting p l ace of the Council .
Alderman Stroud del i vered the invo cat ion and Mayor Swaim led a standing
audi ence i n the "Pledge of Allegiance" to the f l ag .
ROLL CALL: Alde rmen : Elliott , Smi t h, Sansing , Wil son, Fletcher , Stroud,
Tw i tty , and How ard answered roll cal l. Mayor Swaim also answered ROLL CAL L
declari ng a quorum . PRESEN T eight ( 8) , ABSENT ( 2) . Alderman Ray and
Alderman Lewis were absent for med ical reasons.
Others present for the mee t ing we re: Ci ty Attorney Robert E. Bamburg ,
Deputy City Clerk Teresa Carter , Direct or of Admin i strati on Murice Green ,
Human Resource Di rector Char l ie Brown, Ci ty Engineer Jay Whisker,
Director of Publ i c Works Jimmy Oakley , Purchasing Agent C .J . Brown, CDBG
Director Th eresa Watson , Interim Chief Ken Bouil l on , Fire Ch i ef
Vanderhoo f , Parks and Recrea t ion Director George Biggs , Parks Assistant
Adm i n i strator Patty Walker , Mrs . Judy Swaim, Mrs . Edi th Smith, Mr. Wi ll ie
Smith , interested ci tizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim pres e n ted the mi nutes of the Regular City Council Meeting of
J anuary 1 7 , 2002 for approval and/or cor rect ion at the nex t Regu l arly
Schedu led Ci ty Council Mee t 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 January 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Mr . Green po i nted out that the adopt ion rate has risen f rom 5% to 29% in
2 0 0 1 and increased t o 52% for the month of January 2002 .
Mayor Swaim stat ed that change in staffi ng a l ong with ass is t ance from the
Pet Angel volunteers has promot ed a b etter working Animal Shelter.
Alderman Elliott moved , seconded by Alderman Smith to approve the Regular
Monthly Report for the month of January 2002 . Said Report reflects :
REVENUES :
CONTRIBUTIONS :
ADOPTION/FINES:
TOTAL:
388.50
0.00
388 .50
388 .50
ROLL CALL : Alderman Elliott, Smith, Sansing, Wilson, Fletcher, Stroud,
Twitty, and Howard voted AYE. Motion received (8) AYE . (0) NAY . MOTION
CARRIED .
1
000136
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 2002
7 :00 P.M . -7 :30 P.M .
PLANNING COMMISSION : ORDINANCE 1172 (#2-02)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY ADJACENT TO #19 GRAHAM ROAD, 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 re l ated t hat t he p r operty is l ocated n e a r t he intersection o f
Graham and Loop Road .
City Engineer Whi sker stated that the lot is adjacent to the rear of the
homes located on Waller Circle and side yard of Kelley Drive , which is
zoned for mobile homes. He poi nted out that while Wa l ler Circle i s zoned
R-1 , t he area features some mobile homes . He related that the owner ,
Mr . Sam Langdon proposes to place a mob i le home on the property for his
daughter. He then related that the vote o f the P l anning Commission was
unanimous , add i ng t ha t there was no oppos i tion to the rezoning requ est .
Ordinance 1172 be
Smith , Sansing ,
Whereupon City
Alderman Wil son moved, seconded by Alderman Smith that
placed on FIRST READING. ROLL CALL: Aldermen El liott ,
Wilso n, Fletcher , Stroud, Twitty and Howard voted AYE.
Attorney Bamburg read t he Ordinance title.
Alderman Wilson moved , seconded by Alderman Ell i ott t ha t Ordi nance 1 17~~
be accepted on FIRST READING . ROLL CALL : Aldermen Elliott, Smith,
Sansing, Wil son , Fletcher, S t roud , Twitty and Howard voted AYE.
Alderman Stroud moved , seconded by Alderman Sansing to suspend the rules
and place Ordinance 1172 be placed on SECOND READING . ROLL CALL:
Aldermen El liott , Smith, Sansing , Wil son, F l etcher , Stroud , Tw i tty and
Howard voted AY E. Whereupon City Attorney Bamburg read the Ordinance
title.
Alderman Sansing moved , seconded by Al derman Wilson to further suspend
the rules and place Or dinance 1172 on THIRD AND FINAL READING . ROLl:.
CALL : Alde r men El liott, Sm i th, San sing , Wilson, F l e t cher , Strou d , Twi tty
and Howard voted AYE. Whereupon City Attorney Bamburg read t he Ordi nancE:!
t itle.
Alderman Wi l son moved , secon ded by Alderman Elliott that Ordinance 1 172
be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing,
Wi l son, F letcher , Stroud , Twit t y and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1172 THIS 7 TH DAY OF FEBRUARY
2002.
2
GENERAL : a . RESOLUTION 557 (#2-02)
000137
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7 , 2002
7 :00 P .M. - 7 :30 P .M.
A RESOLUTION EXPRESSING WILLINGNESS OF THE CITY OF JACKSONVILLE TO
UTILIZE FEDERAL-AID ENHANCEMENT MONIES FOR THE JACKSONVILLE REDMOND ROAD
PEDESTRIAN TRAIL PROJECT; AND, FOR OTHER PURPOSES .
Mayor Swaim re l ated that Resolution 557 deals with fun din g to be releas e d
from t he Arkansas Highway Departme nt. He re l a ted t h a t t he Reso l ution
states t hat the City of Jacksonville agrees to pay 20 % of funding to
qualify for federa l aid . He pointed out that the funds a r e to const ruct
a sidewalk on t h e n ortheast side of Redmo nd Road f r om Dupree Park to
J a mes Street . He stated t h at t h is project would tie i n to the sidewa l k
project p l anned f or the Commun i ty Ce nt er to Dupre e Park.
Alderman Wilson moved , seconded by Alderman Elliott to read Resolution
557. MOTION CARRIED. Whereupon City Attorney Bamburg read the title of
Resolution 557 .
Alderman Stroud moved, seconded by Alderman Smith to approve Resolution
557 .
It was not ed that the 20% match wou l d come from the Capital Imp ro vement
Sales Tax Fund .
At this time, MOTION CARRIED.
Mayor Swaim related that this would be the fourth sign ificant grant to be
obtained through various type s of Federal or State Highway f unds for
sidewal k projects .
b . RESOLUTION 558 (#03-02)
A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF VARIOUS REAL
PROPERTY LOCATED ON THE SOUTH SIDE OF JACKSONVILLE COMMONLY KNOWN AS THE
SOUTH ANNEXATION; AND, FOR OTHER PURPOSES.
Mayor Swaim re lated t h at public hearings were held regarding t h e
property , pointing out that the proposed annexed prope r ty begins at the
Memoria l Cemete ry on Hwy . 161 to Wo oten Road and ac ro ss Woote n Road to
St . Luke 's Bapt i s t Church . He added that the proposed annexation would
take in the Wooten Road/Hwy. 16 1 Intersection . He sta ted t h at t h e City
has obtained enough signatures to annex by ordinance as opposed to having
an election . It was pointed out that only three property ow n ers did not
sign the annexation order from a tota l of fiftee n area property owners .
A l derman Elliott moved, seconded by Alderman Smith to read Resolution
558 . MOTION CARRIED. Whereupon City Attorney Bamburg read the title of
Resolution 558 .
City Attorney Bamburg exp l ained tha t after passage o f Reso l ut i on 558 , a
j oint petition from the Ci t y , and the area property ow ners would be filed
with the County Cou r t. He stated that Judge Vil l a ins would then set a
publ ic h earing , and notice of said hearing wil l be published . He then
3
0 00138
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7, 2002
7:00 P.M. -7:30 P.M.
stated that all property owners affected would be notified of the public
hearing. He went on to explain that anyone to address the annexation pro
or con would be heard before Judge Villains makes his determination. He
related that Judge Villains would then inquire of the Quorum Court
regarding release of the property to the City. After being approved, an
Ordinance will be brought back to the City Council for acceptance of the
property into the City of Jacksonville.
In response to a question posed by Alderman F le tcher, Mayor Swaim
explained that under annexation the only item the Ci ty has to address is
utilities. He stated that the Water Department has a proposal to go into
that area in the near future and the Wastewater Department is working on
a sewer project that cou ld include the annexed area. He we nt on to say
that the City o f Jacksonvi lle would offer Fire and Police protection, but
wou ld not committee to curb and gutter. He added that the City of
Jacksonville would also provide animal control and sani tat ion services.
He stated that the property consists of one 80 -acre tract and six single-
family residences, adding that the cemetery consists of approximately 4 0 -
acres totaling over a hundred acres.
Alderman Wilson commended the Mayor , City Attorney Bamburg and City
Engineer Whisker for their efforts, benefiting the community long-term.
Alderman Smith moved, seconded by Alderman Wilson to approve Resolution
558. MOTION CARRIED.
Mayor S waim related that consideration for a west annexation is being
worked, adding that currently there is not the level of cooperation
desired. He stated that one or two property owners are needed before
efforts can proc eed. He related that efforts to annex without ar..
election would be the most desirable situation.
c. REQUEST TO ACCEPT BID for Animal Shelter Masonry Work
Public Works Director Jim Oakley related that four invitations t o bi d
we re sent out but only one was returned. He stated that O'Roark Masons
is a reputable company that has performed work for t he City in the past .
He then related that Project Coordin ator Phil l ip Keaton had evaluated t he
bid and determined that it was a reasonable quote within 10% regarding·
some extra rebar t hat was required for the project.
Alderman Smith moved, seconded by Alderman Sansing to accept the bid fronL
O'Roark Masons Inc. in the amount of $33,904.00 with funds to be drawn
from the Capital Improvement Fund. MOTION CARRIED.
d. Revisions to the Community Development Policy and Operating Manual
CD BG Director Theresa Watson explained that of the two housing programs
offered by their Department, the CDBG program is funded through HUD and
the home program is funded through t he Arkansas Development Finance
4
000239
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 7 , 2002
7:00 P.M. -7:30 P.M .
Authority (ADFA). She then related tha t ADFA program fu nds must be
compe te d fo r, explaining that ea ch year AD FA updates t h ei r poli cy
guidelines . She stated that the rehabil itat i on portion of the program is
a forgivable loan up to $2 5,000., additional loan monies could be reused
by the City f o r addi tional proje ct s, adding that with new policy changes
all loans required for repayment go b ack to ADFA . She related tha t al so
the CDBG program n o ti fie d them i n December t hat starting in the 2002
program, a fund balance of mo re than 1. 5% of grant fu n ds would be
penalized with probation and fur t her funding could be lost f or
consecu tive years over ba lan c e .
Alderman Wilson moved, seconded by Alderman Howard to approve revisions
to the CDBG Policy and Operating Manual. MOTION CARRIED .
ANNOUNCEMENTS : Mayor Swaim re l at e d that Council Committee appoi ntme nts
will remain the same and that Alderman Howa rd wi ll serve as Vi ce Mayor
for the 200 2 calendar y e ar.
Ci ty Hall will be cl osed F ebruary 18, 2002 in observance of President's
Day.
Mayor Swaim complimented the City Street Crews, po i nting out t hat t he
Street crew was out ea rly duri ng the s n ow t o make t h e roads ready for
morning traffic.
UPDATE PROPERTY NEAR WHIT DAVIS
City Attorney Bambu rg updated that the appraiser was furnished addit ional
i nfo rma t ion and the appraisal shou l d b e finished withi n a week. He
s tated that an appr opriate offer would be made before considering
condemnation .
Mayo r Swaim related that the City is working on the new Itinerate
Merchant Ordinance , pointing out tha t Alderman Stroud h as ask Ci t y
Attorney Bamburg to provide written guidance regarding the
interpretation.
Compliments were off ered r egarding the new Ward maps .
Alderman Howard announced t he Senior Ci t iz e ns Center Annual Roast will be
held February 28 t h ; adding that Alderman Ray is the man of hon or this
year.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:30
p .m.
Respectfully ,
Su~~~
City Cler k-T reasurer
5
000130 City Council Of Jacksonville, Arkansas
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:
AGENDA
Regular City Council Meeting
February 21 , 2002 7 :00 P.M .
Regular City Council Meeting
February 7, 2002
Regular City Council Meeting
January 17 , 2002
Regular Monthly Report/January
Interim Police Chief Bouillon
Regular Monthly Report/January
Fire Chief Vanderhoof
Regular Monthly Report/January
City Engineer Jay Whisker
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. PARKS & REG DEPT:
12. PLANNING COMMISSION:
13. GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS:
ADJOURNMENT
a . Request to Accept Bid: Bulldozer
(Mayor Swaim)
b. Request to Accept Bid: Tri-Axle Tilt
Trailer (Mayor Swaim)
a. Request to Accept Bid: Tractor
(Mayor Swaim)
b . Request to Accept Bid : HVAC Maintenance
Agreement (Mayor Swaim)
a. Approval of Funds to pu rchase property
at Stanphil & Military Road (Mayor Swaim)
b. ORDINANCE 1173 (#3-02) Amending
Personnel Policy/Drug Free Workplace
(Mayor Swaim)
000231
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2002
7:00 P.M . -7:19 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville, Arkansas met in Regular
Session on February 21 , 2002 at the regular meeting place of the Council .
Alderman Ra y de livered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Sm ith, Sansi n g , Alderman Ray, Fletcher,
Stroud, Twitty, and Howard answered roll call . Mayor Swaim a lso answered
ROLL CALL decl aring a quorum . Alderman Lewis arrived at approx imately 7:05
p.m. PR ESEN T nine (9), ABSENT (1 )
Others p r esent for the meeting were : City Attorney Robert E . Bamburg,
Deputy City Clerk Teresa Carter, Dire ctor of Administration Murice Green ,
Human Resource Director Charlie Brown , Ci ty Engineer Jay Whisker,
Director of Public Works Jimmy Oakley, Purchasing Agent C .J . Brown, CDBG
Director Theresa Watson, F inance Director Paul Mushrush, Interim Chief
Ken Bouillon, Fire Ch i ef Va nderhoof , Parks and Recre ation Director George
Biggs , Parks Assistant Administrator Patty Walker , Ath letic and Fitness
Ma nager Paul Rector, Planning Commission Cha irman Art Brannen, Mrs. Judy
Swa im, Mrs. He l en Stroud, Mrs. Edith Sm i th, Mrs . Lendy Lew i s, La rry and
DeDe Hibbs, Mr. Will i e Sm i th, interested citizens and members of the
press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regu l ar City Counci l Meeting of
February 7 , 2002 for approva l and/or correction at the next Regular City
Counc i l Me e ting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 17 January 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded byAlderman Elliott that the Regular Monthly
Report for January from the Jacksonville Police Department be APPROVED.
Said report reflects; Total Val~ of Reported Stolen Property $83,009.00,
Total Value of Recovered Stolen Property $46,977.00, and T otal Report
Sales $327.00.
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular
Monthly Report for January from the Jacksonville Fire De partment, which
reflects a fire loss of $21,050.00, and a Savings Total of $120,000.00.
1
0001 32
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2002
7 :00 P.M. -7:19 P .M.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular
Monthly Report of January 2001 .
PERMITS/LICENSE ISSUED
Building Permits
Business L i cense
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost for January
CONDEMNATIONS
Structural Maint . Letters
Structural Repairs Made
Demolitions
$
INSPECT I ONS PERFORMED
13 Building Insp ections
15 HVACR
Electrical
Plumbi ng
0
0 VEHICLES
151 Notice on Noncompliance
2 Towed
.00
0
0
0
35
24
37
44
55
2
ROLL CALL: Aldermen Elliott , Smith , Lewis, San sing, Ray , Fletcher ,
Stroud, Twitty, and Howard voted AYE. (0) voted NAY . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT : Request to Accept Bid for Bulldozer
Publ i c Works Director Jim Oakley recommended the l ow bidder , a dding tha~
wh il e i t did not meet specifications regarding a high t ract that is a
$7,000 value but pointed out that there is a $25,000 difference between
the t wo lowest bids. He stat ed that the l ow bid with purchase of a h i g~
t ract would still produce an $18,000 savings between bids .
I n response to a question posed by Al derman Sansing, Mr . Oakley relat ej
that Caterpillar is the only company tha t of fers a high tract feature.
He related t hat he has received good reports o n the Komatsu bulldozer.
In response to a question posed by Alderman Sm i th, Mr. Oakley r elated
t h a t t h e c urr e nt b u lldozer is smal l er and f i ftee n years o l d and will be
used as back-up equipment in smal ler areas. He s t ated that approximately
$15 ,000 was spent last year renting bul l doze r equipment .
Alderman Elliott moved, s e conded by Alderman Smith to accept the low bid
from Head & Engquist in the amount .of $78,9 84.00 . MOTION CARRIED.
2
000233
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2002
7:00 P .M. -7 :19 P.M .
b . Request to Accept Bid for a Tri-Axle Tilt Trailer
Mr . Oakley related t hat as a sole bid he contacted vendors and companies
who had purchased the equipment and found the price to be comparable with
equipment purchased two years ago by ano t her company . He related that
another vendo r of Tri -Axle Trail ers h ad a comparab l e piece of equipment
but it was $6,000 higher than the one being offered in b id.
Alderman Smith moved, seconded by Alderman Ray to accept the bid from
Riggs in the amount of $23,750 . MOTION CARRIED .
It was noted that the trailer would be used with the new bulldozer.
PARKS & RECREATION DEPARTMENT : a . Request to Accept Bid for Tractor
Parks & Recreation Director George Biggs re l ated that the tractor is a
budge t ed i tem and is proposed to replace the 1982 Massey Ferguson. He
recommended the second l owest bid from Cab ot Outdoors for $14,999 , adding
that the low bid from River City Equipment does not meet with
speci f ications r egarding horsepower. He related that the tractor is
needed to pul l t h e tri-deck mower. He then answered that it is a John
Deer T ractor that is i nterch angeable wi th current equipment .
Alderman Stroud moved, seconded by Alderman Elliott to accept the bid
from Cabot Outdoors in the amount of $14,999 and to reject the low bid
for reasons that it did not meet with specifications. MOTION CARRIED .
b. Request to Accept Bid for an HVACR Maintenance Agreement
Parks and Recreation Director George Biggs explained that i n 2001 the
Parks bui l ding experienced h igher tha n normal maintenance problems
r egarding the HVACR equipment . He stated that maintenance cos t s tota led
approximately $24 , 000 last year regarding compressors, condensers and
temperatu re issues wi t h t he pool area . He related that the maintenance
agreement wo u ld cover labor and parts .
Discussion ensued regarding corrosion in areas where the tempera t ure is
not well maintained .
Alderman Stroud moved, seconded by Alderman Ray to accept the bid from
Gibbs Service as a budgeted item in the amount of $12,959. MOTION
CARRIED .
GENERAL: a . Ap proval of Fun ds to purchase property at Stanphill and
Mi l i tary Road
Mayo r Swaim related that with Council authority he had negotiated the
purcha se of the l ot l ocated on the east side of S t anphill Road a t the
intersection o f Military a nd Stanphil l. He related that a n appraisal was
conducted a nd the City has signed a contract for $27,500, adding that
this will allow for the relocation of the road ma king travel through the
intersection a much safer situation. He stated that r elocat i on of t he
road has been a goa l of the City f or many years.
3
000:134
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2002
7 :00 P.M. -7:19 P.M .
Alderman Fletcher moved , seconded by Alderman Howard to approve $27,50 0
plus any related closi ng costs to purchase the property located at the
intersection of Stanphill and Military Road .
Mayor Swa i m noted that funds would be drawn from the Capita l Improvement
Sale s Tax Fund . He t hen re lated that total costs estimates have not been
completed , explaining that the land p u rchase came un-expectedly . He
related that original l y the plan was to purchase t wo pieces of property
a t the i ntersection , which wou ld have made the transition somewha t
smooth er. He related that funds are avai l able in Capita l I mprovement
Fund for the project when t he planning stage i s completed.
At this time, MOTION CARRIED .
b . ORDINANCE 1173 (#3-02)
AN ORDINANCE MODIFYING THE CITY'S PERSONNEL POLICY MANUAL REGARDING ~~
DRUG-FREE WORK PLACE FOR THE CITY OF JACKSONVILLE, ARKANSAS; AND FOFt
OTHER PURPOSES.
Mayor Swaim re l ated that the ordinance is an amendment to the personnel
policy drug-free workplace program; he related that the Municipal League
h as requested the amendments regarding the drug policy. He stated that:
the amendments would a l low drug testing in areas not previousl y
conducted. He n oted that Federal regulations require drug testing for
employees who are CDL drivers, and that the City tes t public safety
personnel . He related tha t t he ordinance creates t he r egula tions and
proced ure for drug testing of an employe e if the re is a suspicion of drug
or alcohol us e. He related that the ordinan ce requires mandatory
supervisor training with regarding to recommendation of emp l oyee drug
testing.
Discussion ensued and it was noted that either "A-Test " or an outside
consu ltant would be hired to conduct supervisor tra i n i ng . Mayor Swaim
pointed out that a n employee has t h e option to retest if a positive tes ·t
is returned , a n d/or at the employees own expense there can be a spli·t
test conducted upon reques t . He stated that emp l oyees would be notified.
Al derman Smith moved, seconded by Alderman Sansing that Ordinance 1173 be
placed on FIRST READING . ROLL CALL: Aldermen Elliott, Smith , Lewis,
Sansing , Ray , Fletche r, Stroud , Twitty and Howard voted AYE . Whereu pon
City Attorney Bamburg read the Ordi nance title.
Alde rma n Howard moved , seconded by Alderman Sans ing t hat Ordinance 1173
be accepted on FIRST READING . ROLL CALL : Aldermen Elliott, Sm ith, Lewis,
Sansing, Ray, F letche r, Stroud, Twitty and Howard voted AYE .
Alde rman Howard moved, seconded by Alderman Lew i s t o suspend the r ules
and place Ordinance 1 173 be placed on SECOND READING . ROLL CALL:
Alde rme n Elliott , Smith, Lewis , Sansing , Ray, Fletcher, Stroud , Twitty
and Howard voted AYE . Whereupo n City Attorney Bamburg read the Ordinance
tit le .
4
0001.35
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 21, 2002
7 :00 P .M. - 7 :19 P .M .
Alde r man Stroud moved , seconded by Alderman Sansing to further suspend
the rules and place Ordinance 11 73 on THIRD AND FINAL READING. ROLL
CALL : Aldermen Elliott , Sm i th, Lew i s, Sansing, Ray, Fletcher , Stroud,
Twitty and Howard voted AYE . Whereupon City Attorney Bamburg read the
Ordin ance title.
Al derman Elliott moved , seconded by Alde rman Smith that Ordinance 1173 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott , Smith, Lewis ,
Sansing, Fletcher, Stroud , Twitty and Howard vo t ed AYE.
Alderman Smith moved , seconded by Alderman Sansing that the EMERGENCY
CLAUSE be appr oved and adopted. ROLL CALL : Aldermen Elliott, Smith,
Lewis , Sansing , Ray , Fletcher , Stroud, Twitty and Howard voted AYE.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1173 THIS 21sT DAY OF FEBRUARY
2002.
ANNOUNCEMENTS : Mayor Swaim informed the Council of a meeting in Sherwood
with the Highway Commissioner , asking those interested to contact Bertha
Tipton for reservations.
WATER METER IMPACT FEES
Mayor Swaim related that his understanding is that the other avenues is
being sought to raise funds before setting of impact fees.
SENIOR CENTER ANNUAL ROAST
Alderman Ray announced that he would be roasted at the Annual Senior
Center Roast to be held on February 28 th at 7 :00 p .m.
Mayor Swaim noted the attendance of Alderman Lewis and Alderman Ray ,
sayin g that they are welcomed back regarding recent health issues .
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7 :19
p .m.
Respectfully,
5
0001.36
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
MARCH 7, 2002 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)
(Engineering Department)
6. WATER DEPARTMENT:
Regular City Counci l Meeting
February 21, 2002
Regular City Council Meeting
February 7, 2002
Regular Monthly Report/February
Public Works Director Jim Oakley
Regular Monthly Report/February
City Engineer Jay Whisker
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12 . PARKS & REC DEPT:
13 . PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a. Request to Accept Bid: Janitorial
Services (Mayor Swaim)
b. Request to Accept Bid: Knuckle Boom
Loader (Mayor Swaim)
c . Request to extend Auditing Contract
(Mayor Swaim)
d . Request to Accept Bid: Animal Shelter
Roof Structure (available at meeting)
(Mayor Swaim)
0001.37
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 7, 2002
7 :00 P.M. -7 :24 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville, Arkansas met in Regular
Session on March 7, 2002 a t the regular meeting place of the Council .
Alderman Stroud de livered the invocation a n d Vice Mayor Howard led a
s tanding audience in the "Pledge of Allegiance" to the flag.
Mr . Ken Bouillon introduced newly hired Police Chief Wayne Ruthven.
Vice Mayor Howard and the Council expressed appreciation to Mr. Bouillon
for his extended service to the City as the Interim Police Chief .
ROLL CALL : Aldermen: Smith , Lewis, Sansing , Ray , Fletch er, and Stroud,
answered roll cal l. Vice Mayor Howard also answered ROLL CAL L declaring a
quorum . PRESENT seven (7}, ABSENT (4}. Vice Mayor Howard related that
Mayor Swaim and several Council membe r s are out of town on City bus ines s .
Others present for the meeting were: City Attorney Robert E. Bamburg,
De puty Clerk Teresa Carter , Director of Administration Murice Green,
Human Resou r ce Director Charlie Brown, Finance Director Paul Mushrush,
City Engineer Jay Wh i ske r, Public Works Director Jimmy Oakley , Purchasing
Agent C. J. Brown , CDBG Director Theresa Watson , Ken Bouillon, Police
Chief Ruthven , Fire Ch i ef Vanderhoof, Parks and Recreation Di rector
Ge orge Biggs, Parks Administrator Patty Walker, Mrs . Lindy Lewis, Mrs .
Lula Hawkins , interested citizens and members of the press .
PRESENTATION OF MINUTES:
Vice Mayor Howard presented the minutes of the Regular City Council
Meeting of F ebruary 21, 2002 for approval and/or correction at the next
Regularly Scheduled City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 7 February 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Sansing to approve the Regular
Monthly Report for the month of February 2002 . Said Report reflects:
ADOPTION/FINES : 644 .00
TOTAL : 644 .00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ray moved, seconded by Alderman Sansing to approve the Regular
Monthly Report of February 2002 .
PERMITS/LICENSE ISSUED
Building Permits
Business License
22
19
1
INSPECTIONS PERFORMED
Building Inspections
HVACR
Electrical
Plumbing
2 1
10
37
27
000:138
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost for February
CONDEMNATIONS
Structural Maint . Letters
S tructural Repairs Made
Demolit i ons
$
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 7, 2002
7:00 P.M. -7:24 P.M.
VEHICLES
0 No tice on Noncompliance
0 Towed
45
0
160
0.00
1 7
0
0
ROLL CALL : Alderman Smith, Lewis, Sansing, Ray, Fletcher, Stroud, voted
AYE. Motion received (6) AYE. (0) NAY . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT:
PLANNING COMMISSION:
GENERAL: a . REQUEST TO ACCEPT BID for Janitorial Services
Purchasing Agent C.J . Brown related that Mr. Rodgers the present Janitor
is retiring. She related that the City was fortunate to have several
companies bid for Janitorial Services . She stated that the low bidder of
Ca rt er Enterprise has previously worked for the City and their services
were not acceptable, adding that the second lowest bidder of ADDS
Cleaning Service did not provide the requested contract information or
sign atures in their bid submittal . She went on to say that the next.
lowest bidder , Southern Maid was only able to provide one reference front
OECD in North Little Rock. She related that the next lowest bid from
Watson Cleaning came in at $1,530, and is recommended for bid award. She
stated that Watson Clea ning has exce llent refere nces from Gwatney
Chevro l e t, Community Bank of Cabot, and Binswanger Glass, adding that
they provided bonding proof and cur rent privilege tax . She related that:
the c ompany has a staff instead of one individual.
Alderman Smith moved, seconded by Alderman Lewis to accept the bid froDl
Watson Cleaning in the amount of $1 ,530 .00 and reject the lower bids from
Carter Enterprise {$830) because of inadequate previous service , ADDS
Cleaning Service ($1, 097) because of incomplete bid submittal, and
Southern Maid ($1,500) because of a lack of references. MOTION CARRIED ..
b. Request to Accept Bid of Knuckle Boom Loader
Public Works Director Jimmy Oakley expla i ned that the equipment is used
by the Sanitation Department regarding yard waste pickup, adding that thE~
recommended b id is from Henard Util i ty in the amount of $63 ,263. He
stat ed that the brand is a good unit and has been utilized by the City in
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 7, 2002
7 :00 P.M. -7 :24 P .M.
the past. He related that the equipment purchase is a Sanitation
Equipment Depreciation Fund budgeted item.
Alderman Ray moved, seconded by Alderman Stroud to accept the low bid
from Henard Utility in the amount of $63,263.
In response t o a question from Alderman Fletcher , Mr. Oakley related that
that the item is set for a seven-year depreciation schedule and that the
expected delivery time is six weeks.
At this time MOTION CARRIED .
c. Request to extend the Auditing Contract.
F i nance Director Paul Mushrush explained that the Financial Accounting
Foundation controls government accounting known as GASB (Governmental
Accounting Standards Board) . He stated that GASB issued a new statement
last year called Statement 34, which deals specifically with basic
financial reporting, management analysis and the reporting of
infrastructure and fixed assets. He stated t h at he has been working wi th
the City Engineer regarding infrastructure issues, and wou l d like to
begin immediately after the audit with someone who is familiar with City
operations because of the time sensitive nature . He related that the
City is made up of sixteen separate corporations , ten governmental funds ,
one enterprise fund, and five fiduciary funds including three pensions
and two agencies. He went on to say that each has their own set of rules
and that the new pronouncement changes the financial reporting , but not
the day-to-day operations. He stated that he will be hard pressed to
accomplish the necessary task over the next twenty months, adding that he
does not fee l he would have an extra month to put into bring someone new
up to speed. He asked that the Council extend the bid through the
implementation of the first year of GASB before the service is bid again,
adding that it would be a three-year term extension.
0001.39
Alderman Stroud moved, seconded by Alderman Ray to extend the current
auditing contract for a three-year period. MOTION CARRIED .
d . Request to Accept Bid for Animal Shelter Roof Structure
Public Works Director Jimmy Oakley related that the City has completed
several phases o f the project, adding that the slab and masonry work is
underway and that the one of the final phases is the roof structure. He
related that he is recommending the low bid of $44,000 fr om RC
Contractors pointing out that that they have provided satisfactory work
in the past.
In response to a comment from Vice Mayor Howard, Mr . Oakley agreed that
the bid came in within a few thousand of the original $41 ,000 cost
estimates.
Alderman Smith moved , seconded by Alderman Ray to accept the low bid from
RC Contractors in the amount of $44,000. MOTION CARRIED.
3
000~~80
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 7, 2002
7:00 P.M. -7 :24 P.M.
UPDATE: Chamber of Commerce meeting in Sherwood
Vice Mayor Howard asked Alderman Stroud to update the Council regarding
Sherwood 's Chamber of Commerce meeting.
Alderman Stroud stated that a public hearing was hosted by the Chamber of
Commerce in Sherwood to inquire how the public feels about toll roads.
He related that Murice Green , Jay Whisker, Bill Howard and himself along
wi th several citizens from Jacksonville had the opportunity to attend.
He related that whi le the audience was not given much of an opportunity
to speak individually, the Sherwood Chamber of Commerce presented a
resolution against toll roads and pol l ed the audience for its feelings.
He stated that the entire audience indicated by a show of hands to be i n
opposition to the prospect of toll roads. He mentioned Jacksonville's
resolution opposing toll roads , but stated that ultimately the issue of
toll roads is not in the City's contro l. He stated that perception if
t h e pro ject runs as long as twelve years could be attr i buted to ta kin9
longer because of not instituting a toll road system . He concl uded that
the meeting was very informative , saying that 30% of traffic in the State
i s in t he Pulaski Count y area, and that it receives 44% of available
funds.
CLEAN WATER ACT
City En g i neer Whisker updated the Council regarding the Clean Water Act ;
pointing out that Municipal League policy has recommended that no action
be taken at this time. He clarified , saying that he fee l s this
recommendation is direct ed mostly at sma ller cities while larger cities
shou ld continue efforts currently underway . He related tha t the
Municipal League has suggested that cities not create permits because
ADEQ will provide the permits. He related that c u rrently Jacksonville is
surveying storm sewers and infrastructure.
Alderman Sm ith r ecogniz ed former City Clerk Lu Leonard in attendance .
Discussion ensued regarding the Stanphill Road project, no ting that
initial estimate costs are $44,000.
City Attorney Bamburg updated the Council regardi ng property located near
Whit Davis Lumber, saying that h e has not heard back from the ow n e r
regarding a lette r sent last week. He stated that he would begin
preparing the condemnation.
Chief Ruthven addressed the Council, asking that his comments be made a
matter of record. He stated that he appreciated the comments regarding
Mr. Ken Bouillon's work as the Acting Chief and Director, and that he
wanted to personally thank Mr. Bouillon for all the work he has done
between Chief Hibb 's departure and his arriva l. He particularly thanked
Mr. Bouillon for hi s help acclimating to the job , stating that Mr .
Bouillon's help has been invaluable and that he i s a great a ss et to the
City . He related that even though Mr . Bouillon is retiring, he would be
helping on the aux il iary force. He t ha nked Mr. Bouillon again publicly
for his e ffo rt . He then thanked the City Council members for the ir
4
CI TY OF JACKSONVILLE
REGULAR CITY COUNCI L MEETING
MARCH 7 , 2002
7 :00 P .M. - 7 :24 P .M.
welcoming him to the City and stated that after a week of initial
assessment he fee l s that the City has a fine Police Force. He stated
that while no police force is perfect, he feels Jacksonville has a great
police force that is doing a great j ob supporting the citizens of the
City. He stated that he is looking forward to working with the
Department, Council and the citizens of Jacksonville.
Ch i ef Vanderhoof commented on the death o f a young girl in a house fire ,
and Vice Mayor Howard expressed regret to the family in their tremendous
loss.
Alderman Fletcher addressed Chief Ruthven, saying that a major concern
for him has always been the youth in the community. He related that he
is unaware of the Chief 's background, but asked him to dedicate time in
that area. He related concern regarding juvenile problems i n the
schools, saying that school is a part of the commun ity and when children
break civil laws such as bomb threats or similar actions of that nature,
the City has to become involved . He asked the Chief to be open to
explore and avenues . He related the need for all aspects of the City to
work together to find solutions . He suggested a program geared to he l p
young people learn to begin respecting themselves, adding that
accountability within families, schools and the commun i ty is essential.
Chief Ruthven responded , saying that just prior to arriving in
Jacksonv ille he was aware of a school related incident regarding a death
threat and that since his arrival there has been a bomb threat in one of
the schools and also a question as to whether a child might have brought
an explosive to school. He agreed with Alderman Fletcher, saying that if
there is a val id concern the Police Department has a ro le in addressing
that concern. He stated that no o ne single agency or portion of the
community is going to solve those concerns , but together hopefully
solutions can be found . He stated that he is looking forward to the
Police Department being an integral part of that issue and pointed out
the comm unity oriented policing p rograms that focus on schools. He
related efforts by the Police Department to work with the school
administrators to make sure that the Police Department can be proactive,
setting the ri ght example and providing right role modeling for children
thr ough the resource officers and dare program so that hopefully they see
from us as a law enforcement agency the types of role mode l s that we hope
they also see at home, at church and with their school officials.
Vice Mayor Howard expressed appreciation to Aldermen Ray and Lewis for
their attendance in light of recent health concerns . He related that
everyone has k e pt good thoughts and prayers for both. He stated that the
recent Senior Center Roast in honor of Alderman Ray was a great success.
In response to a questi o n posed by a member of the audience, it was
related that procedure for notifying parents regarding a bomb threat
wo uld be h andled by the schoo l district.
5
ooo;(·!JZ
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 7, 2002
7 :00 P .M. - 7 :24 P .M.
Alde r man Lewis stated that it is good to be at Council, adding that he
d i d not expect to be able to attend because of h i s chemotherap y schedule.
He t hen related that he postponed his chemotherapy treatment to attend
his brot hers funera l Saturday. He stated that he may not be abl e to
attend the next regularly scheduled meeting because of his t r e atment, but
added that he will attend, as much is possible while taking trea tmen t .
He t h anked everyone for the i r support and prayers .
ANNOUNCEMENTS:
ADJOURNMENT :
Vice Mayor Howard without objection adjourned the meeting at.
approximately 7 :24p .m.
Respectfully,
6
City Council Of Jacksonville, Arkansas
AGENDA
ooo;;:oa
Regular City Council Meeting
1. OPENING PRAYER:
2. ROLL CALL :
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
March 21 I 2002 7:00P.M.
Regular City Council Meeting
March 7, 2002
Regular City Council Meeting
February 21 I 2002
Regular Monthly Report/February
Police Chief Ruthven
Regular Monthly Report/February
Fire Chief Vanderhoof
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 .
b.
c .
d.
e .
FINAL PLAT: Collenwood Phase Ill
(Mayor Swaim)
RESOLUTION 559 (#4-02)
Southeast Annexation (aerial photo included
in packet) (Mayor Swaim)
ORDINANCE 1174 (#4-02) Amending IMC
5 .16 (Itinerant Merchants) (Alderman Stroud)
ORDINANCE 1175 (#5-02) Amending IMC
5.44 (mobile facility food vendors)
(Alderman Stroud)
ORDINANCE 1176 (#6-02) Condemning
property located at the intersection of
Hwy 161 & School Dr. (Mayor Swaim)
CDBG 2001 CAPER Report
(included in packet) (Mayor Swaim)
Reappointment of Mr. Fred West
to the Jacksonville Housing Authority
for a term to expire 3/17/2007
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2002
7:00 P .M. -7 :42 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 March 21 , 2002 at the regular meeting place of the Council .
Alderman Stroud de livered the invocation and Mayor Swaim led a standing
audience i n the "Pl e dge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliot t, Smith, Lewis, Sansing , Ray , Wi l son, Stroud,
a nswe red rol l call. Mayor Swaim also answered ROLL CALL declaring a quorum.
Alderman Fletcher arrived at approx ima t ely 7:03 p.m. and Alderman Twitty
arrived at approximately 7:10p.m. PRESENT ten (10), ABSENT (0).
Others present for the meet ing were: City Attorney Robert E. Bamburg,
Deputy Cler k Teresa Carte r, Human Resource Director Char lie Brown,
Finance Director Paul Mushrush, City Engineer Jay Whisker , Public Works
Director Jimmy Oakley, Purchasing Agent C .J . Brown , CDBG Director Theresa
Watso n, Police Chief Ru t hven , Fire Chief Vanderhoof, Battalion Chief
Kenda l Snyder , Chamber of Comme rc e Director Bonita Rownd, Pa rks and
Recreation Director George Biggs, Parks Administrator Patty Walker,
Planning Comm i ssion Chairman Art Brannen, Mrs. Judy Swa i m, Mrs. Lendy
Lewis , Mr. Willie Sm ith , Mr. Greg Mathews , interested c iti ze ns a n ci.
members of the press .
PRESENTATION OF MINUTES :
Mayor Swa im presented the minutes o f t he Regular City Counci l Meeting of
March 7, 2002 f or approval a nd /or correction at the n ext Regular l y
Schedu led City Council Mee t ing.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of the!
Regular City Council Meeting of 7 February 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved , seconded by Alderman Smith that the Regular
Monthly Report for February from the Jacksonville Police Department bH
APPROVED as amended. Said report reflects; Total Value of Reported Stolen
Property $66,917 .00 , Total Value of Recovered Stolen Property $14,605.0 0
and Total Report Sales $270.00.
Chie f Ruthven offered corrections regarding the statistics pres ented for
fel o ny cases and misdemeanor cases for the month o f F ebr uary.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, secondedby Alderman Smith to approve the Regular
Monthly Report for February from the Jacksonville Fire Department , which
reflects a fire loss of $205,500.00, and a Sav ings Tot al o f $87,000 .00 .
1
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21 , 2002
7 :00 P .M. - 7 :42 P .M.
PLANNING COMMISSION: FINAL PLAT Collenwood PH III
City Engineer Whisker related that street construction i s nearly finished
lacking only the asphalt top , adding that the developer Mr. Green has
provided cash escrow for street completion and sidewalks.
In response to a question from Alderman Wilson, City Engineer Whisker
related that a cash escrow is allowable by City Code , answering that the
project is ready to proceed .
Alderman Wilson moved, seconded by Alderman Ray to Approve the Final Plat
of Collenwood PH III .
Mayor Swaim stated cauti o n for escrowing street construction when the
weather is not a significant problem.
At this time, MOTION CARRIED .
GENERAL: a. RESOLUTION 559 (#4-02}
A RESOLUTION URGING SUPPORT OF THE PROPOSED ANNEXATION OF CERTAIN REAL
PROPERTY BORDERING THE SOUTHEAST BOUNDARIES OF THE CITY LIMITS OF
JACKSONVILLE (COMMONLY KNOWN AS THE SOUTHEAST ANNEXATION) ; AND, FOR OTHER
PURPOSES .
City Engineer Whisker related that the area being annexed was requested
by First Elect ric and surrounding areas were suggested by the Planning
Commission. He mentioned the inclusio n of parts of Loop Road t h at are
currently not located within the City limits, such as the northwest
corner of Graham and Loop Road identified by Tract B . He stated that
T ract A includes the surrounding area with the exemption of Murre l l
Taylor Elementary who chose not t o participate in the voluntary
annexation.
Alderman Sansing questioned if Murrell Taylor Elementary will have access
to the 911 facilit i es , wh i ch would provide greater access to fire and
police protection.
City Engineer Whisker stated that the 911 service for Murre ll Taylor will
remain with the County, and MEMS wil l provide the ambulance service,
adding that the fire service is the voluntary f ire department from
Southbend .
Mayor Swaim clarified that without going into conflict with other servi c e
units the City of Jacksonville wi ll respond if called. He stated that
the Jacksonville Fire Department has ta l ked with the principal , adding
that it is not a good situation because a 911 would go to the County.
2
ooo :~J6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2002
7 :00 P .M . -7 :42 P .M.
Alderman Sansing commented on the efforts by the City to annex Murrell
Taylor and provide a safer situation for the chi ldren .
Mayor Swain related that Murrell Taylor Elementary has always been
treated as a part of the City of Jacksonville, adding however, that the
paid ambulance services does not like Jacksonville to respond in their
territory. He stated that one of the paid ambulance services is only ~
mile away but is not the first responder for that area .
In response to a question posed by Alderman Fletcher, City Engineer
Whisker related that other parcels in the general area may be considered
f or a later voluntary annexation.
Discussion ensued and i t was clarified that annexation had only included
half of Loop Road and now the annexation wou l d take in all of Loop Road .
Mayor Swaim related combined efforts by the City and the County to have
Loop Road paved at the same time since part of the road was in the
County.
Alderman Elliott moved, seconded by Alderman Lewis to Read Resolution
559 . MOTION CARRIED. Whereupon City Attorney Bamburg read the heading
of Resolution 559.
Alderman Howard moved, seconded by Alderman Lewis to Approve Resolution.
559.
Di scussion ensued and it was noted that the southeast annexation would
follow procedure wi th the County being conducted for t he south
annexation . Other concerns were mentioned for including Murrel l Taylor
Elementary in a future annexation.
Mayor Swaim related that as an island the school could be annexed ove r
any objection, but stated that the best solution would be to have
cooperation from the school district .
Alderman Ray related that he had been assured that i f the City of
Jacksonville approach ed th e School District again they would be willinq
to l ook at the possibility of annexing Murrell Taylor.
At this time, MOTION CARRIED .
Mayor Swaim related that the south annexation was approved by the County
Judge , adding that in two weeks the Ordinance will be brought back to the
City Council followed by a 30-day waiting period .
b. ORDINANCE 1174 (#4-02)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE 5 : 16 ; DECLARING AN
EMERGENCY; AND , FOR OTHER PURPOSES.
3
ooo;~{J7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2002
7 :00 P.M. - 7 :42 P.M.
Alderman Stroud related that Ordinanc e 1174 is an amendment to Ordinance
1169 regardi ng the term "Itinerate Merchant/Solicitor/or Vendoru, which
previously s tated that any business, entity, individual, and/or party not
conducting business in or from a permanent location . He stated that
there was confusion regarding the term "1ocationu, and is now being
offered fo r chan ge to "permanent structureu.
He stated that the next amendment removes food ven dors and caterers from
Ordinance 1169 and creates a separate Ordinance to address those
operations. He comme nded efforts by City Attorney Bamburg in clarifying
the intent of the original o rdin a n ce .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1174 be
placed on FIRST READING . ROLL CALL: Aldermen Elliott, Smith, Lewis,
Sansing, Ray , Wilson , Fletcher, Stroud, Tw itty and Howard voted AYE. (0)
voted NAY. MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Ordinance 1 174 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1 174 be
APPROVED on FIRST READING.
Dis cuss ion ensued and committ ee participation was questioned regarding
the amendments and the intent as formulated by the original committee .
Alderman Stroud offe r ed that the original intent of Ordinance 1169 will
not be diluted by the amendments . He stated that it was a matter of
clarification of inte rpre tat ion regarding enforcement by t he Code
Enforcement Office r s.
Mayor Sw aim r elated an interpretational misunde rstanding regarding the
vendor who sold rugs at the corner of Main and James Street .
City Engine er Whiske r stated that the amendments will elimi nate previous
conce rns .
Discussion ensued regarding notification to committee members and
considerat ion for committee sponsorship of the proposed amendments .
RO LL CAL L: Aldermen Elliott, Smi t h , Lewis,
Fletcher, Stroud, Twitty and Howard voted AYE.
CARRIED.
Sansing, Ray, Wilson,
(0) voted NAY . MOTION
Alderman Ray moved, seconded by Alderman Sansing to suspend t he rules and
place Ordi n ance 1174 on SECOND READING . It was clarified t hat a negative
voice vote would support the amendments being retur ned to the original
comm ittee for sponsorship. ROLL CALL : Aldermen El l iott , Smith, Lewis,
Sans ing , Ray , Fletcher, Stroud, and Howard voted AYE ( 8) . Alderman
Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City Attorney
Bamburg read the h eading of Ordinanc e 1 1 74.
4
oo o::.38 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21 , 2002
7 :00 P .M . -7:42 P .M.
Alderma n Fletcher moved, seconded by Alderman Ray to f u r ther suspe nd the
rules and place Ordinance 1174 on THIRD AND FINAL READING . ROLL CALL :
Aldermen Elliott , Smith , Lewi s , S ans ing, Ray, Fletche r, Stroud , and
Howard voted AYE (8). Alderman Wilson and Tw itty voted NAY (2). MOTION
CARRIED . Whereupon City Attorney Bambu rg read the heading of Ordinance
1174 .
Alderman Stroud moved , seconded by Alderman E lliott t hat Ordi nan ce 1174
be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Lewi s ,
Sansing, Ray, Fl etche r, Stroud, and Howard voted AYE ( 8) . Alderman
Wilson and Tw i tty voted NAY (2). MOTION CARRIED .
Alderman Ray moved , seconded by Alderman Stroud that the EMERGENCY CLAUSE
be approved and adopted. ROLL CALL: Aldermen E l liott, Smith, Lewis,
Sansing, Ray , Fletcher , Stroud, and Howard voted AYE ( 8) . Alderman
Wilson and Twitty voted NAY (2). MOTION CARRIED .
ORDINANCE and EMERGENCY CLAUSE APPROVED , ADOPTED and NUMBERED 1 17 4 THI S
2 1 ST DAY OF MARCH 2002 .
b. ORDINANCE 1175 (#5-02 )
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE 5. 44 ; DECLARING AN
EMERGENCY ; AND , FOR OTHER PURPOSES.
Alderman Stroud related t ha t the o r dinance was created to address and
clari fy the operations for canteens , cate r ers and food vendors. He
re l ated that pre v iously they were addressed in Ordi nance 1169.
Mayor Swaim sta ted that specifically it would address mobile food
vendors .
Alde r man Stroud added t ha t it would not affect civ i c groups or charity
organizations.
Alde rman Ray moved, seconded by Alderman Smith that Ordinance 1 175 bt:
placed on FIRST READING. ROLL CALL: Aldermen Ell i ott, Sm ith , Lewi s,
Sans i ng , Ray, F l etcher , S troud , and Howard voted AYE ( 8) . Alderman
Wilson and Twitty v oted NAY (2). MOTION CARRIED . Whereupon Ci ty Attorney
Bamburg read the head ing of Ordinance 1175.
Alderman Ray moved, seconded by Alderman Smith that Ordina n ce 117 5 be
APPROVED on FIRST READING .
Alderman Wi l son stated t hat he opposes the ordinance, feeling t ha t
amendments o r any f urther changes sho uld be reviewed and forwarded fr cm
the committee .
Discus s i on ensued as to the differences between food ven dors a n d product
sales.
5
CITY OF JACKSONVILLE
0 °0 "~•1)9 u .-.,~.v
REGULAR CITY COUNCIL MEETING
MARCH 21 , 2002
7:00 P.M. -7:42 P.M.
City Attorney Bamburg related that food vendors are still required to
observe se tba ck regulations, and obtain a privilege tax or solicitation
permit. He stated that food vendors have to meet the same requirements as
the product vendors. He then related that food vendors have additional
requirements from the State Health Department as well as Federal
requirements regarding food handling , and food storage. He pointed out
that the ordinance would spe c ifi cally require they ab ide by those rules
and regulation before sel l ing food in Jacksonville .
In response to a question from Alderman Fletcher, City Attorney Bamburg
related that the ordinance would provide the Code Enforcement Officers
wi t h a working tool to address requiremen ts not provided in the previous
ordinance. He s tat ed that it also allows for an e xemption regarding
activities as sociated with the annual festival .
ROLL CALL: Aldermen Elliott, Smith, Lewis , Sansing, Ray , Fletcher,
Stroud , and Howard voted AYE (8). Alderman Wilson and Twitty voted NAY
{2). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1175 on SECOND READING . ROLL CALL : Aldermen Elliott,
Smith , Lewis, Sansing, Ray , Fletcher, Stroud, and Howard voted AYE (8).
Alderman Wilson and Twitty voted NAY (2). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1 17 5.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1175 on THIRD AND FINAL READING. ROL L CALL :
Aldermen El l iott, Smith, Lewis, Sansing, Ray, Fletche r , Stroud, and
Howard voted AYE . Alderman Wilson and Twitty voted NAY. MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ord inance 1175 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1175 be
APPROVED AND ADOPTED. ROLL CALL : Aldermen Elliott, Smith, Lewis, Sansing,
Ray, F l etcher, Stroud, and Howard voted AYE . Alderman Wilson and Twitty
voted NAY . MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray tha t the EMERGENCY CLAUSE
be approved and adopted . ROLL CALL: Alde rmen Elliott, Smith, Lew i s,
Sansing, Ray, Fletcher, Stroud , and Howard voted AYE. Alderman Wilson
and Twitty voted NAY . MOTION CARRIED.
ORDINANCE and EMERGENCY CLAUSE APPROVED, ADOPTED and NUMBERED 1175 THIS
21ST DAY OF MARCH 2002.
c . ORDINANCE 1176
AN ORDINANCE CONDEMNING CERTAIN REAL PROPERTY WITHIN THE CITY LIMITS OF
THE CITY OF JACKSONVILLE, ARKANSAS, FOR PUBLIC RIGHT-OF -WAY EASEMENT
ACCESS DECLARING AN EMERGENCY; AND, FOR OTHER PURPOSES .
6
ooo ;;:1o
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21 , 2002
7 :00 P .M. -7:42 P.M.
Alderman Str oud moved, seconded by Alderman Wilson that Ordinance 1176 be
placed on FIRST READING . ROLL CALL: Aldermen Elliott, Smith , Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. (0)
voted NAY. MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1176.
Mayor Swaim recognized Mr. Greg Mathews who expressed dissatisfaction and
refused to observe City Council procedure by speaking as a matter of
r ecord .
Alderman Wilson moved, seconded by Alderman Stroud that Ordinance 1176 be
APPROVED on FIRST READING.
In response to a question posed by Alderman Wilson , City Attorney Bamburg
related that the action will be filed and the value posted with the Court
along with a request to approve for immediate procession usua lly ta king a
few weeks t o complete.
City Attorney Bamburg explained that under State Statute there were two
directions one was to follow under prescriptive easement given that the
turn lane existed a nd was in use by the public for approximately fifty
years. He related that the City obtained an appraisal and condemned the
property for the purposes of compensating the owners for the market.
value. He stated that the owner did not accept the offer , and now the
City had condemned the property to address a hazardous condition.
In response to a question posed by Mayor Swaim, City Attorney Bambursr
rel ated that the City could have taken the property without an appraisal
under current State Statutes. He answered Mayor Swaim, in saying that he
is confident that the right-of-way belongs to the City . He clari fied
that the turn has always existed, adding that after a given period of
time it becomes a prescriptive easement. He stated that in prescriptive
easements it is not required under State Statute for the City to
compensate the owner .
ROLL CALL: Aldermen Elliott, Smith, Lewis,
Fletcher, Stroud, Twitty and Howard voted AYE.
CARRIED.
Sansing, Ray ,
(0) voted NAY.
Wilson ,
MOTION
Alderman Stroud move d, seconded by Alderman Ray to suspend the rules and
place Ordinance 1176 on SECOND READING . ROLL CALL: Al dermen Ell i ott,
Smith , Lew i s, Sansing , Ray, Wilson, Fletcher, Stroud, Twitty and Howard
voted AY E . (0) voted NAY. MOTION CARRIED . Whereupon City Attorney Bambur9
read the heading of Ordinance 1176.
Alderman Stroud moved, seconded by Alderman Ray to further suspend th•:
rules and place Ordinance 1176 on THIRD AND FINAL READING. ROLL CALL:
Aldermen Elliott , Smith, Lewis, Sansing , Ray, Wilson, Fletcher , Stroud,
Twitty and Howard voted AYE. (0) voted NAY. MOTION CARRIED. Where upon
City Attorney Bamburg read the heading of Ordinance 1176.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 21, 2002
7:00 P .M. - 7 :42 P .M.
Al derman S t roud moved, seconded b y Alderman Ray that Ordinance 1176 be
APPROVED AND ADOPTED . RO LL CAL L : Aldermen Elliott, Smith , Lewis, Sansing,
Ray, Wilson , Fletcher , Stroud , Twitty and Howard voted AYE . (0) voted
NAY . MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Elliott t hat the EMERGENCY
CLAUSE be approved and adopted. ROLL CALL: Aldermen Elliott, Smith,
Lewis , Sansing , Ray , Wilson , Fletcher, S t ro u d, Twitty and Howard voted
AYE. (0) voted NAY. MOTION CARRIED .
ORDINANCE and EMERGENCY CLAUSE APPROVED , ADOPTED and NUMBERED 1176 THIS
21ST DAY OF MARCH 2002.
Alderman Wilson asked that the property be proper l y posted after
reopening because of the immediat e hazardous situation that exists.
e . CDBG 2001 CAPER Report
Alderman Wilson moved, seconded by Alderman Ray to adopt the 2001 CAPER
Report the CDBG Department . MOTION CARRIED .
APPOINTMENTS: JACKSONVILLE HOUSING AUTHORITY
Alderman Howard moved, seconded b y Alde rman Lewis to reappoint Mr . Fred
West to the Jacksonville Housing Authority for a term to expire 3/1/2 007 .
MOTION CARRIED .
ANNOUNCEMENTS :
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approx imately 7 :42
p .m.
Respectful l y ,
8
ooo :z.1 2 City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
APRIL 4, 2002 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)
(Engineering Department)
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:
15. APPOINTMENTS :
16 . ANNOUNCEMENTS:
ADJOURNMENT
a .
b.
c.
d.
Regular City Counci l Meeting
March 21, 2002
Regular City Council Meeting
March 7 , 2002
Regular Monthly Report/March
Public Works Director Jim Oakley
Regular Monthly Report/March
City Engineer Jay Whisker
REQUEST TO ACCEPT BID: Asphalt
(Mayor Swaim)
REQUEST TO PURCHASE PROPERTY:
Reed's Bridge Battlefield
(info included in packet) (Alderman Howard)
PRESENTATION: Widening of Division &
Mulberry Street (Mayor Swaim)
RESOLUTION 560 (#5-02) Acquis ition of
Railroad rights-of-way/easement owned by
LRAFB (Mayor Swaim)
ORDINANCE 1177 (# 7 -02)
South Annexation (Mayor Swaim)
OOO Z:1 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4 , 2002
7 :00 P .M. -8:10 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Coun cil of the Ci ty of Jacksonvi l le, Arkansas met in Regular
Session on April 4 , 2002 at the regular meetin g place of the Council .
Alderman Howa r d delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiancen to the flag .
ROLL CALL : Aldermen : Elliott, Smith, Sansing, Ray , Wilson, F l etcher ,
Stroud , Twitty and Howard answered roll call . Mayor Swaim also answered
ROLL CALL decl aring a quorum . PRESEN T ten (10), ABSENT (0). Alderman Lewis
arri ved immediately fo l lowing rol l call.
Others present for the meeting were: City Attorney Robert E . Bamburg,
Deput y Clerk Teresa Carte r, Director of Administration Murice Green,
Huma n Resource Director Charlie Brown , Fi n ance Director Paul Mushrush ,
City Engineer Jay Whisker , Public Works Director Jimmy Oakley, CDBG
Di recto r The r esa Watson , Police Ch i ef Ruthven , Fire Chief Vanderhoof ,
Batta l ion Chief Kendal Snyder , Parks a n d Recreation Director George
Biggs, Parks Administrator Patty Walker , Mrs. Judy Swaim, Mrs . Lendy
Lewis , Mrs . Edith Smith, Mrs. Glenda Fletcher , Mr . Tommy Dupree,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
Ma r ch 21 , 2002 for approval and/o r correction at the next Regular ly
Scheduled 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 7 March 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , s e conde d b y Alderman Ray to approve the Regular
Monthly Report for the month of March 2002 . Said Re port reflects :
ADOPTION/FINES:
TOTAL :
REGULAR MONTHLY REPORT/ENGINEERING
763 .25
763 .25
Alderman Elliott mo ved, seconded by Alderman Ray to approve the Re gular
Monthly Re port of March 2002 .
PERMITS/LICENSE ISSUED
Building Permits
Business License
18
11
1
INSPECTIONS PERFORMED
Building Inspections
HVACR
Electrical
Plumbing
35
16
32
45
oco.· .i--~
UNSIGHTLY & UNSANITARY
Grass Lett ers
Property Mowed
Tras h Letters
Trash Removal
Cost for Ma r ch
CONDEMNATIONS
Structural Ma int. Letters
S t ructural Repairs Made
De molitions
$
0
0
111
0.00
0
0
0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4 , 2002
7 :00 P.M. - 7 :24 P.M .
VEHICLES
Notice on Noncompliance
Towed
39
3
ROLL CALL: Alderman 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 :
SANITATION DEPARTMENT :
STREET DEPARTMENT : Request to Accept Bid for Asphalt Overlay Program
Mayor Swaim related that the Overlay and Milling Programs were bid as a
package deal.
City Engineer Whisker stated that he compared costs with No rth Little
Rock and Sherwood , say i ng that he fee l s t he bid to be comparable given
the scope of the progr am . He then answered that the costs for t h e
previous year was approximately $34/500.
Alderman Wilson requested a list of the various streets involved i n the
program .
Alderman Wilson moved seconded by Alderman Ray to accept the low bid from
Cranford Construction for a total estimated cost of $232 ,129.30 with
funds to be drawn from budgeted Street Department funds.
In r esponse to a question posed by Alderman Wilson 1 Mayor Swaim related
that Cr a nford Construction is ready to begin wo r k next week , adding that
if they beg i n next week a po r tion of L inda Lane would be delayed because
of school activities. He related that one fact or pertaining to low bids
response wa s because of t h e high volume of work being performed on the
Interstat e .
In response to a question posed by Alderman Howard 1 Mr . Gree n re l ated
that the program is worked on a seven-year plan and that the entire City
is surveyed f o r repairs . He stated that an inv entory of overlaid streets
is reviewed for maintenance consideration regard i ng previous r epairs .
2
At this time, MOTION CARRIED .
GENERAL: DEVIATION IN AGENDA
c. RESOLUTION 560 (5-02)
CITY OF JACKSONVILLE OOOZ.15
REGULAR CITY COUNCIL MEETING
APRIL 4, 2002
7:00 P .M . -7:24 P.M .
A RESOLUTION REQUESTING ACQUISITION OF THE UNION PACIFIC RAILROAD LINE
RIGHTS-OF-WAY/EASEMENT CURRENTLY OWNED BUT NOT UTILIZED BY THE LITTLE
ROCK AIR FORCE BASE (GENERAL LOCATION : SPUR LINE TO THE LITTLE ROCK AIR
FORCE BASE THROUGH THE JACKSONVILLE INDUSTRIAL PARK) ; AND , FOR OTHER
PURPOSES.
Mayor Swaim related that the right-of-way/easement is owned by the LRAFB,
adding that the City h as worked with the Leadership of LRAFB for many
years to secure ownership of the ra ilroad spur that begi ns adjacent to
Trickey Lane and continues through the Industrial Area . He stated that
the reason is that the Union Pacific Ra i lroad is not always available to
move cars for the local industry . He stated that there is a sma ll
rai l road l i n e that is willing to place an engine on the track to move
cars on the railroad line . He related that pa rt of the consideration is
an e nv ironmenta l impact study that is current ly be perfo rmed by LRAFB,
adding that a formal request is needed from the City Council to either
purchase or receive right -of-way from the Department of Defense . He
related that the recommendation would be forwarded from the LRAFB to the
Corp. of Engineers who would be the entity to deed the r ight -of-
way/easement to the City of Jacksonville . He related that the City's
bes t interest can be served by keeping the l i ne open regarding industry
rail servi ce needs .
Alderman Smith moved, seconded by Alderman Lewis to Read Resolution 560 .
I t was note d that the property for acquis i tion ~s approximately three
miles of t rack .
At this time, MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Resolution 560 (#5-02)
Alderman Smith moved, seconded by Alderman Wi lson to Approve Resolution
560.
In response to a question posed by Al derman Stroud, Mayor Swa im related
that it is recommended that regular emergency and periodi c line
maintenance be performed by the rai lroad as part of the lease contract .
He re l ated that the City 's goal is to provide service to local
industries.
At this time, MOTION CARRIED.
b. PRESENTATION of the Widening of Division & Mulberry Streets
Mayor Swaim related t hat the Arkansas Highway Department had asked the
City to cons i de r other op tions regarding proposals involving Hwy 161 .
3
oo ·· 1 6 Ou .__ ~ CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4, 2002
7 :00 P .M. - 7 :24 P .M.
City Engineer Whisker referred to an aerial photo provided, saying that
the Arkansas Highway Department did not want to switch the Hwy
designation to Second Street . He re l ated that the Arkansas Highway
Department requested t hat Second Street tie into First Street so that
traff i c could continue to flow through. He stated that he is
recommending the widening of Division Street . He related that widening
the Street would turn traffi c onto Second Street and accomplish bringing
the traffic from South Hwy 161 through the downtown area as wel l as
a llowing traffic to continue through First Street without having to stop
at a light until they reach the traffic light at Second and First Street .
Mayor Swaim stated that estimated costs include the construction of
sidewalks, curb and gutter . He added tha t it is hoped that commercial
establishments would develop along both Streets.
In response to a question posed by Al derman Wilson , City Engineer Whisker
related that the key issue were if the Arkansas Highway Department would
switch the Hw y designation to Second Street, saying that in discussions
with the Highway Department it was stated that the overpass was tall
enough to accept the height and that they would leave the designation t o
First Street.
Mayor Swaim then answered that the need to widen Division Street woul d
accommodate traffic that would want to cross the overpass. He explained
that otherwi se traffic moving south to north would have to go back and
circle around to get on the overpass .
City Engineer Whisker diagramed that if Division Street is widened then
traffic has a left hand turn onto Div ision then tu rn north on Second and
right onto Main Street to cross over the railroad tracks .
Alderman Wilson questioned the feas ibili ty of maki ng Division and
Mulbe r ry one-way streets east and west.
Mayor Swaim pointed out that at some point there would be a problem for
traffic traveling north on First Street to cross the overpass, saying
that traffic would flow easier if the cars did not have to circle back .
2002 Overlay Program
City Engineer presen ted the Council with a list of streets for milling
a n d asphalting.
Mayor Swaim related that $400,000 was expended two years ago regarding
the Overlay Program a nd that $250,000 is being proposed currently . He
pointed out that in some cases repair work could suffice as opposed to a
complete overlay of the street . He then p o inted out that milling cost.s
have risen due to a repetitive overlay of certain streets.
Alderman Wi l son requested an inventory of streets overlaid.
4
CITY OF JACKSONVILLE 000 ~1 7
REGULAR CITY COUNCIL MEETING
APRIL 4, 2002
7:00 P .M. -7:24 P.M.
City Engineer Wh i sker stated that he would bring the list to t he next
regularl y scheduled City Council meeting .
Al de r man Fletcher expressed hazard concerns for water poo l ing on James
Street be t wee n Second Baptist Church and Harvey Street.
Mayor Swaim related that over many years there have been a number of
efforts to relieve the water, pointing out that the ditch was paved and a
box was instal led at Oakhurst to move the water faster . He asked the
City Engineer to p l ace the item o n his list for further considerati on.
a . Request to purchase property regarding Reed's Bridge Battlefield
Alderman Howard recognized Mr . Tommy Dupree to address the Co uncil.
Mr . T ommy Dupree stated that the Reed 's Bridge Preservation Society is
requesting funds to purchase an additional fifteen -acres l ocated along
the north side of the Bayou Meta Creek adjacent t o Wastewater property .
He presented a list of property purchased s ince the projects inception
and noted that the origina l park was a 7. 5 acre t ract purchased for
$50,000 of which the City contributed $25 ,0 00. He sta t ed that the City
t hen contributed $20,000 for the second tract (M cRaven property), adding
that currently they are requesting $45 ,000 for the fifteen-acres known as
the Lee property .
He illustrated on a map the proximity of the property to the City of
Jacksonville , pointing out the vari ous properties that the Reed 's Bridge
Preservation Society is involved with. He pointed out the "Ha rd Core
Battlefield Site" saying that Mr. Mark Crist from the State is proce eding
t o have the c ore site submitted for national registry. He stated that
regis try status would al low the Reed's Bridge Preservation Society to
apply for funds from national and State sources . He related plans for
the following year regarding the development of a to u rist information
center at the corner area of Military and Trickey Lane possibly with
special State funding . He related that Military Road built in 1820 is a
national treasure, saying that its ma i n purpose was to settle the
front i er. He went on to say that Belle Point at F o rt Smith was bui l t on
the Arkansas River as an out post and that river traffic was the main
means fo r transporting supplies _ He related that road development
followed and Military Road was considered a national road project. He
stated that settlers traveled over Military Road going west to settle
California , adding that the Mexican War t roops also moved down Military
Road to Mexico a n d that the Indian removal t r aveled Military Road, which
makes it a trail of tears. He related the various tribes transported
down Military Road , saying that the trail of tears society i s working
diligently to have Militar y Road recognized officially and developed. He
r e la ted that the essence of the project along with other activities such
as the Clinton Library is to promote tourism and bring tourist dollars
into City of Jacksonville .
5
000~:1.8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AP RIL 4, 2002
7:00 P.M. - 7 :24 P.M.
He pointed out that once the property becomes available, there should not
be a long de lay regarding the purchase. He remarked that the Reed's
Bridge Preservation Society has been fortunate regarding outside funding,
mentioning one individual that contributed close to $20,000 . He went on
to mention State contributions, saying the Society will look increasingly
each year to the State for additional funds because of the significance
of Military Road regarding the Little Ro ck Campaign. He related that
Reed 's Bridge Battlefield ties in with another historical factor, the Air
Force Base. He referred to Mr. Tim Buford in the audience, saying that
Mr. Buford has just written a book regarding the history of the LRAFB .
He s ta ted that the Battlefield and the Air Force Base should be a
f inanci al ben efit to the City of Jacksonville as wel l as a matter of
pride regarding the history of the area. He stated that the Society
would greatly apprec i ate if the City coul d participate with a half match.
of funds .
Alderman Stroud stated that he is a Civil War buff and can appreciate thE!
project being undertaken by Reed 's Bridge Preservation Society, but.
pointed out that the property is located in the flood plain and
quest ioned its value at six thousand dollars per acre. He stated
concerns regarding other areas of Jacksonville with more pressing need~;
regarding blighted areas . He related that North Little Rock has a
program that matches funds for businesses to perform landscaping and
improve facades, pointing out that Jacksonville's downtown is loosin9
businesses, saying that funds might better be served in other areas.
Mr . Tommy Dupree pointed out that the Battlefield area is being cleaned
up . He stated that some old houses that the City would probably have had
to spend money to tear down has been demol i shed and cleaned up by the
Reed's Bridge Preservation Society . He related that there has been a
maintenance plan of the area that has not existed in the past, which was
not accomplished with City fu n ds . He pointed out another project beinq
considered for Federal funding as being the overall development of BayO'J
Meto Creek greenbelt a r ea, and a trail from Dupree Park that would tie
into Cloverdale Road and back to Hwy 67, which encompasses all of the
Battlefield area. He related that he and a resident of Sherwood had been
picki n g up the Bayou from a boat .
Di scussion ensued regarding other areas in Jacksonville that need
attention.
Mr . Tommy Dupree agreed that other areas n eed attention as well , pointing
out that the City has come along way over the last few years and that t h e
focus should not be cente r ed on just one project. He then re l ated that
not all of the Battlefield area is flood plain, saying there is highland .
He re l ated that the big factor i s that Battlefield l and can only be
purchased where it exist.
Alderman Fletcher commended the efforts of Reed's Bridge Preservaticn
Society , n oting the attractiveness to the area today rather than f i ve
years ago . He expressed regret that the City has not managed to hold
onto its history sooner, he mentioned loosing the "old stagecoach hous e u
6
OOO Z19
CITY OF JAC KSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4 , 2002
7 :0 0 P.M . - 7 :24 P .M.
on Military Road and the train depot . He questioned what the long term
plans are outside of just acquiring the land, asking about reconstruction
plans for the Battlefield.
Mr . Tommy Dupree stated that the long-term plan wou l d involve a walking
trail to the Battlefi eld featuring possibly as many as twenty cannons and
panels describi n g the action and battle lines. He stated that it would
be a tourist attraction and something that the City could take pride in.
In r esponse to a question posed by Alderman El l iot t, Mr . Dupree related
t hat t he property appraised for $61,000 , pointing out that the appraiser
did not have the information regarding an access . He pointed out a
Wastewater easement that comes off Hwy 161 to their lift station, saying
that i t is an important easement to ma i ntain.
Alderman Howard moved, seconded by Alderman Ray to expend $45,000 to
jointly purchase the property known as the Lee property as part of the
Reed's Bridge Battlefield with the property title to be held by the City
of Jacksonville with funds to be drawn from the Capital Improvement Fund.
I n response t o a question from Alderman Smith, Mr . Dupree related that
Reed 's Bridge Preservation Society would also need to contribute $45,000
to the total purchase of the property.
I n response to a question posed by Alderman Elliott , Mr. Dupree related
that the appraisal price was not an option, saying that the Percy
proper ty in the area had sold f or $8, 000 an acre recently and was
t err ible property . He pointed out that with the widen ing of Hwy 1 61 and
the interchange the purchase price is reasonable .
Alderman Wilson commended the Society, express i ng apprec iation for their
efforts . He added that his concern would be how much the City plans to
put toward the l ong-term purchase of land. He expressed the need for a
long-term plan by the City regarding its funding participation.
I n response to a questi on from Alderman Smith, Mr. Dupree related that to
d ate the Ci ty has expended $45,000 regarding the purchase of $130,000 in
property t i tled t o t he City. He re l a t ed plans to acquire one other s ma ll
property that would be rented to pay for itself.
Alderman Ray addressed Al derman Wilson, saying that the long-term plan is
to develop the entire Battlefield area. He stated that it would be
essen t ial t o the City of Jacksonville when the interchange is developed .
He mentioned the purchase of the Pearson property, saying that he felt it
would be commercial. He stated that with a walkway and the nationa l and
State historical societies interest in Military Road, he bel ieves it
wou l d behoove the City to participate as much as i t can. He stated that
in twenty years, it will be developed and i t will be an out grow for the
City of Jacksonville . He encouraged the Council to look forward into the
future, echoing Alderman Fletcher sentiments regarding the missed
opportuni t y with t h e train and stage depot.
7
0002ZO
CITY OF JAC KSONVI LLE
REGULAR CITY COUNCIL ME ETI NG
APRIL 4 , 200 2
7 :00 P .M. -7:24 P.M.
Alde rma n Smi t h e xpre ss e d support f or t he project , adding that he agrees
t h at t h e r e shou l d be a l ong-range p l an r eg a rding the City 's financial
part i c i p ation . He comme n ded t h e eff orts o f t h e Reed 's Bridge P reservation
S ociety, saying t h at he feels it wi l l be a rea l plus regardi ng future
t o urism .
Mayo r Swaim suggeste d that a vo lunte e r comm i ttee b e forme d to wo r k with
t he Re ed 's Bridg e Prese r vation Soc i ety t o pres e nt a long-range plan to
the Council .
Alderman Ray and Alderman How ard r elated that they are p r esently work i ng
with t he Re ed 's Br i dge Prese r vation Socie t y .
In re s pon se to a question posed by Alderman Elliott, Mr . Dupree related
that unlike Dupree Park, the Battlefie l d Park would not be a h igh
maint e nan ce p ark . He state d that i t wou l d be a natural pa r k with tree s,
and o p en areas that would be cut for hay . He pointed out that after thE!
pa r k i s d eve l o ped wi th walkways and b i keways the re would not be a lot of
mowing and maintenance needed. He stat ed that it would be a natural
t e r ra i n . He related the con t ribution of funds from the Forestry
Commission rega r ding Vertac funds to plant t rees .
Alde r man F letcher quest i on addit i ona l acres ant i cipated to complete the
project .
Mr . Dupree stated t h at a lot o f t h e lar ge r pieces o f property will not be
purchased b u t wi ll have an easement type agreements to designate i t as a
bat t l efie l d , wh ich is not to say that twenty years from now it cou l d come
available for sale .
Mr . Dupree illustrated on the map , areas that the Reed 's Bridge
P r es ervation Society i s i nte r ested i n and no t ed a ~ acre piece of
property that h as been contracted $28,000. He stated that the property
h as a rent able h o u se and tha t the p l an i s to ren t t h e house and l et the
property pay for itself and then move the house .
Mayor Swaim called for a vo t e to the mot i on . It was clarified that the
motion is to expend $45 ,000 for the purch ase of propert y .
Di scussion ensued as to a mot i on to amend and form a committee to come
back wi th a recommendation.
Al derman Wilson moved seconded by Alderman Stroud to table the p r esent
motion until the next Ci ty Counci l meeti n g and a llow a comm i ttee t ime t o
return wi t h a recommendat i on for an overall p lan.
Al derma n Sansing and Alderman Fletcher volunteered to work on the
committee with Alderman Ray and Howard .
At thi s time, MOT I ON CARRIED with Alder man Ray vot i n g NAY .
8
RESUME AGENDA:
d . ORDINANCE 1177 (#7-02)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4, 2002
7 :00 P .M. -7:24 P .M.
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF VARIOUS REAL PROPERTY
LOCATED ON THE SOUTH SIDE OF JACKSONVILLE COMMONLY KNOWN AS THE SOUTH
ANNEXATION ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES .
Al derma n Ell i ott moved, seconded by Alde rman Ray t hat Ordinance 1 1 77 be
p l aced on FIRST READING. ROLL CALL: Alde r men Elliott, Sm ith , Lewis ,
Sansing , Ray, Wilson , F letcher, Stroud , Twit t y and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bambu rg read the heading of
Ordinance 1 177.
Alde rman Lewis moved, seconded by Alderman Smith that Ordinance 11 77 be
APPROVED on FIRST READING . ROLL CALL: Aldermen El liott, Sm i th , Lewis ,
S an s ing, Ray, Wil son , Fletcher, S t roud, Tw i tty, and Howard voted AYE.
NAY (0). MOTION CARRIED.
Al derman Smi t h moved, seconded by Alderman Lewis to s u spend the rule s and
place Ordinance 1177 on SECOND READING.
Di scuss i on c l arified that the annexation wo ul d encompass th e area up to
S t. Luke 's Baptist Church beyond the overpas s on both sides of the road
and that present businesses wou ld be grandfathered in.
ROLL CALL : Aldermen Elliott, Smith , Lewis, Sansing, Ray, Wilson ,
Fletch er, Stroud , Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg r ead the heading of Ordinance 1177 .
Alde rman F l etcher moved , secon ded by Alderman Str oud to further suspend
the rules and place Ordinance 1177 on THIRD AND FINAL READING. ROLL
CALL : Aldermen El l iott, Smith , Lewis, Sansing , Ray, Wilson, F letcher ,
Stroud , Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupo n
City Attorney Bamburg read the heading of Ordinance 1177 .
Alderman Ray moved , seconded by Alderman S troud that Ordinance 1 1 77 be
APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott , Sm i th , Lewis, Sansing ,
Ray , Wilson, Fle tche r, Stroud , Twitt y and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Ray moved , seconded b y Alderman Howard that the EMERGENCY CLAUSE
be approved and adopted. ROLL CA LL: Aldermen Elliott, Smith, Lewis,
Sans i ng , Ray , Wil son , F l etcher , St roud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED and NUMBERED 1177 THIS 4 th DAY OF APRIL 2002.
Alderman Wilson s ugge sted in the interest of good relations that the City
contact the new residents and explain fire and police assista n ce
protocol. He related that the City needs to verify 911 c h anges allow i ng
ca lls to be routed to Jacksonvil l e 's Police and Fire. He stated that to
avoid jurisdictional confusion , the City should coordinate with the
County regarding necessary changes.
9
00012 2
CITY OF JAC KSONVILL E
REGULAR CITY COUNCI L MEETING
AP RIL 4 , 2 0 02
7 :0 0 P .M. - 7 :2 4 P.M.
Mayor Swaim relat ed that ef forts to redirect PSAP changes regarding 911
ca l ls has a lready begun, and City Engineer Whisker has taken Chief
Vanderhoof and Chief Ru t hven t o t he area and shown them exact l y wh ich
houses are involved. He related that the real de l ay comes between the
local phone company and the phone company for the County regarding
computer changes, however, all agencies are work i ng together within the
City and their cou nter parts in the County.
Alderman Wilson also suggested that proper s ignage regarding the new Ci ty
limits be incorpo r ated immediately f o llow ing effective annexation.
It was noted tha t rerouting the mail from North Little Rock to
Jacksonville ma y t ake some time.
ANNOUNCEMENTS : Mayor Swaim announ ced that LB J He a ds tart will host a
p roclamat i on and reading tomo rrow at 1000 S choo l Drive.
He recognized Chief Ruthven to update the City Council regarding
situat i o ns in t he loca l schools .
Chief Ruthven informed the Council that coordination ef f or t s have been
made regardin g construction a t the intersection of Trickey Lane and South
First St re et and that t he Police Department will b e provi ding assistance
over t he remaining tw o -week contra ct to ensure a better t raffic flow .
He then addressed the City Council regarding rece nt e vents captured by
the med i a involving Jacksonville schools. He stated that since November
11th of last y e a r when a so-called "terrorist h it list" was found at Nortt
Pulaski High School, t here have been eighteen incidents i nvolving
Jacksonville schools. He stated that eleven of those i ncidents are still
being investigated and seven have had juven ile arre st made and are
scheduled f o r juvenile court . He related coordi nated efforts between thE!
Poli ce Department, Pulaski County Scho ol District and school
administrators regarding the seriousness of this problem . He assured the
City Council t hat t h e Police Department rema ins in tune to juvenile
problems, and that he has p e rs onally met with t he P ulaski County Security
Officer, Discipline Offi cer and with each school principal that has had
an i ncident of this nature . He related that school administrators have
offered cash rewards for information leading to the arrest and conviction
of anyone i n v olved and made sch oo l announcements after each arres t so
that students are aware tha t people are being caught and arrested. He
stated that the schools are rigidly following their own policy regarding
immediate suspe nsion and expulsi o n f o r anyone found guilty .
He related that he has volunteered to perso n al l y speak at any school
meeti ng s that are being held to a d dress this particul ar issue, one of
which is coming up April gth at North Pulas ki. He stated that he ha s also
orde red expanded cove rage of po l i ce patrols, saying that patrol officers
have been instructed to never pass a schoo l ground without driving onto
the campus to make a visible presents un l ess i n r oute to a more i mport ant
cal l. He related that school admini st rators are supportive o f the
increased presents poli cy . He t hen r e late d that he has also expande d t he
10
-·
ooo:;:za
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4, 2002
7 :00 P .M. -7:24 P.M .
number of o ff icers in the juvenile section and l as tly that he has c h arted
a committee within the departmen t to look at juvenile operations fo r all
juve nile re l ated probl ems within the community. He related t hat of the
seven arrested, the last four arrests are also the last four i n cidents
that occurred. He state d tha t he f e lt the word is getting out and the
parents and children are taking it s er iously that t hi s is n ot something
that you want to do . He sta ted that he is hope ful that the number of
inc ident s will go d ow n to a normal or ma n ageabl e level.
Mayor Swaim reiterated t h at even though none o f the threats has a c tua lly
c aus ed any p hy s i c al probl em yet , that has n ot l essened the Police and
Fire Department's intensity for respon ding to any threat. He stated that
the City is n o t complace n t and that each incident s tands on its own and
is being handled very a g g ressivel y to solve those sit u a tions and that
they have been able to do so very quickly in the last few incidents.
In response t o a question posed by Alderman Stroud, Chief Ruthven re lat e d
that a t wo-car accident Tue sday morning on West Main was a head-on
collision. He stated that the young woma n wh o moved out o f her l a n e was
the cause of the accident a nd suffered a serious leg injury but no other
inj u r ies. He rel ated that the other d river su s taine d mino r injuri es . He
a ttribute d the a ccident to fa t igue a n d dr inking , saying that the y oung
lady was at f aul t and had been seen twice ear lier after midnight of the
same date by patrol officers l oiteri ng by the old Wal-Mar t a r ea a nd was
told that she needed to go h ome . She was noted to have h ad some alcoho l
a t some point . He then r elated that the a ccident occurred a lmost at the
curve on West Main .
Alderman Wi l son asked Chief Ruthven if additiona l r ewa r d funds f or
convict i o n s would be h elpful in catching the othe r perpetrators inv ol v ed
in sch oo l i n cide nts , saying that the City Council may be receptive to
matchi ng funds wi th the schoo l d i s t rict .
Chief Ruth ven agreed, sayi ng that North Pulaski High Schoo l is offering a
$200 .00 reward for informa ti o n le ading to arrest and convi ction.
Mayor Swa im stated that the events of 9 -11 have brought about many
chang es in our Country and that i t has bro ught o ut the best and worst in
peop l e . He stated that Jack sonville is n o t the only ci ty that is having
thi s type of problem, t hat unfortunate l y it i s happening in many p l aces .
Al de rman Fletcher express concern for student expu l s i on , advocatin g that
s tudents should be sen t to a tou gher school instead of s p ending their
expulsion time at the Ma ll . He a lso stated t hat some juveniles should be
han dl ed by adults in the cour t s .
Chief Ruthve n related sch ool policy as being es tablished by the School
system and that it is h ope that juvenile judges understand t he serious
nature of this type of activity .
11
000.~.2 4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 4 , 2002
7:00 P.M. -7:24 P.M .
Discussion ensued as to a 30 " broken water line in North Little Rock as
being the reason many residents have experienced discolored water from a
possible back feed .
Justice of the Peace Mr. Dennis Sobba addressed the City Council,
explaining that he is working with Sheriff 's Department regarding
students being expelled from school would be on house arrest and not be
able to leave the house from 9 :00 a.m. until 4:00p.m. unless accompanied
by an adult or unless the student has a j ob. He explained problems in
the County with students and vandalism during school hours. He stated
tha t the Sheriff is looking at enforcement issues currently.
Alderman Ray stated that enforcement is working pretty well in the
eastern part of the County , because the Officers i n the County know the
families that a re having problems.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 8:10
p .m.
Respectfully ,
QJwahM MAYOR TO SWAIM
12
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
April18, 2002 7:00P.M.
Regular City Council Meeting
April 4, 2002
Regular City Council Meeting
March 21 , 2002
Regular Monthly Report/March
Police Chief Ruthven
Regular Monthly Report/March
Fire Chief Vanderhoof
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a. Request to purchase Records Management
System Computing Platform (Mayor Swaim)
b . Request to purchase Caninerrraining Can ine
Handler (Mayor Swaim) ·
c. Request to Accept Bid: Police Department
Roof (Mayor Swa im)
Request to Accept Bid : Wheel Loader
(Mayor Swaim)
Report from Reed's Bridge Committee
(Mayor Swaim)
Reappoi ntment of Mrs. Kathe Parson
to th e Jacksonville Wastewater Utility
for a term to expire 4/20/2007
Dedication Ceremony May 41h at 11 :15 a .m .
of Dupree Park Ball F ield #5 in honor
of Paul Shireman
ooo:::zs
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18 , 2002
7:00 P.M. -8:10 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Council of the City of Jacksonvil le, Arkansas met in Regular
Session on Ap ri l 18 , 2002 at t he r egu l ar me e ting place of the Counc i l.
Alderman Smith del i ve r ed the invocation and Mayor Swaim led a standing
audience in the "P ledge of Al legiance " to t h e flag .
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
St roud , Tw i t t y, and Howard a n swered roll call. Mayor Swaim also answered
RO LL CA LL declaring a quorum . PRESENT nine (9), ABSENT (1).
Ot he rs present for the meeting were : City Attorney Robert E . Bambu r g,
Deputy Cler k Teresa Carte r, Di rec t o r o f Admin i stration Mu rice Green,
Financ e Director Paul Mushrush, City Engineer Jay Whisker, Publ i c Works
Di r ector Jimmy Oakl e y , P urchasing Agent C.J. Brown, CDBG Di rector Theresa
Wa t son , Police Chief Ruthven, Fire Chief Vanderhoof, Parks and Recreation
Direct or George Biggs, Parks Administrator Patt y Walker, Mrs . Judy Swaim,
Mrs . He l en Stroud, Chamber of Commerce Director Bonita Rownd, Mr . Tommy
Du p ree, Mr . J ack Danie l son , MSgt Martin , Lt . Sing l eton, and interested
citizens and members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim p r esented the minut es of the Regular City Council Meeting of
April 4 , 2002 for approval and/or correction at the next Regula r ly
Scheduled City Counc i l Meeting.
APPROVAL AND/OR CORRE CTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Ray that t he minutes of thE!
Regular City Council Meeting of 21 March 2002 be APPROVED. MOTION
CARRIED.
DEVIATION IN AGENDA:
Presentation by Little Rock Air Force Base
Mayor Swaim related that the Little Roc k Air Force Base hos ted a ground
breaking ceremony for the C-130 J model simulator, pointing out that a
number of yea r s were spent to ensure that t h e simulator was not sent to
another base . He introduced Lt. Singleton and MSg t . Martin from the
Little Rock Air Force Base for a presentat ion . He stated that th E~
working relationship with the Air base is excellent and t hat the City
appreciates the interaction with the Community.
MSgt Mart i n introduced himself and Lt . S i ngleton from the 314th Airlif ~
Public Affairs . He de livered a p r esentation e ntitl ed "Task Force Rock .n
He reviewed the history of the base, the present, and the future of "Task
Force Rock." He highlighted the base 's mission with C-130 's; pointing
out that LRAFB sustains C-130 combat power for America . He stated that
LRAFB is based on a foundation of Leadership, Teamwork, and Growth . He
stated that the LRAFB is an important weapon in America 's arsenal . He
reviewed that a concerted community fundraising effort in the 19 50 's
brought the LRAFB to Jacksonvil le. He stated tha t the Pu l aski Count y
Citizens Counci l had col l ected approximately $1,000,000 and began
1
CI TY OF JACKSONVILLE OOOZZ7
REGULAR CITY COUNCIL MEETING
APRI L 18 , 2002
7 :00 P .M. - 8 :10 P .M.
purchasing property from more than 150 landowners to be donated to the
Air Force. He stated that the rich history of the base has included
assignment to Strategic Air Command, Tactical Air Command, Military Air
Lift Command , Air Mobility Command, Air Combat Command and now Air
Education and Training Command. He related that LRAFB is a total force
team that leads in training the Nation's C-130 aircrews to deliver C-130
combat power around the world. He stated that annually the base and
individuals are recognized for outstanding contributions to the mission .
He stated that the base enjoys its success as the Air Force's largest
single runway operation. He additional pointed out the Air Base's
commitment to environmental stewardship is solid and has lead the base to
establish a mutually beneficial relationship with the State of Arkansas,
that was the first of its kind in the Department of Defense . He stated
that the Little Rock Air Force Base is the first to sign a contract to
privatize 100% of base housing . He related that the LRAFB is a true
total force team that includes active duty members, guard and reserve
units, C-130 students, civilian works and family members for a total
population of 11,400, adding that everyone contributes to the mission.
He related that the two major air force commands, an active air lift
command and an air national guard annua l ly train more than 2,000 air crew
members for C-130 positions and more than 900 members as C-130
rnaintainers. He related that LRAFB has two operat ion C-130 flying combat
group squadrons ready to respond to continge ncies around the world. He
pointed out that LRAFB is horne to the only Air Force Reserve unit in
Arkansas, the 96th aerial port squadron, adding that the City of
Jacksonville has been an important part of the t e am for half of a
century. He stated that since the base was founded it has en j oyed a
superb relationship with the Community, which makes it one of the best
base/community relationships in the Department of Defense . He then
related that the Air Force Times honored the base with their first
community spirit award that celebrates community support. He reviewed
the highlights from the base's participation regarding hurricane Barry
last summer, citing it as a perfect example of the spirit of teamwork .
He stated that in 2001, more than 1,500 base me mbers volunteered
approximately 73,300 hours on and off the base . He stated that t he base
was awarded an outstanding volunteerisrn certificated from the Arkansas
governor. He went on to list many o f the contributions to community
spirit . He stated that the Ai r Base raised the level of teamwork by
merging the supply and transportation squadrons into a l ogistics
readiness squadron, which improves the logistics chain that provides war
fighters and combat power to the battlefield. He related efforts to work
with local law enforcement and noted appreciation to retirees monthly and
annual . He stated that the largest team event this year will be the Air
Show June l 5 t and z nct , adding that the Navy Blue Angles will be t he star
perf ormers. He stated that growth is the foundation for the future,
pointing out that professional growth comes from a continuing investment
in its members named "Operation Hercules." He stated that the operation
synergies approximately sixteen programs that involve heritage ,
retention, recruiting , professional rnili tary e ducation , and civilian
education. He stated that LRAFB i s the onl y base in Air Education and
Training Command with an in-resident Airmen Leadership School, adding
that additional education opportunities are available such as sponsoring
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18 , 2002
7:00 P .M. -8 :10 P.M .
small groups of mi l itary members to travel to significant military sites
interest. He related trips such as the Battlefield at Gettysburg and to
the Alamo Battlefie ld for bas i c military training in San Antonio Texas.
He s tate d that LRAFB will remain the C-130 center of excellence with the
arrival of the C-130 J and the C-130 X in the coming decade. He stated
that the Ai r Force i s looking ahead and have envisioned a central campus
concept for t he LRAFB, that better positions living, worki n g and family
to enh ance the quality of life . He stated t hat t heir commitment t o the
future i s evident in the new construction of the control tower, flyi ng
squadron f aci lities and the new fitness center currently under
cons truction . He stated that the future of LRAFB as the home of the C-
130 i s solid and that "Task Force Rock" rema i ns America 's C-130 center of
excellence .
Mayor Swaim thanked MSgt . Marti n and Lt. Singleton for the presentation
and then r e lated that Muri ce Green attends weekly briefings a t LRA FB
bring information from the community to the base .
It was po i nted out tha t the economic impact regarding LRAFB is $402
million dollars.
Discussion ensued and several Cit y Council members expressed suppo r t for
t h e Little Rock Air Force Base and its mission and relationship to the
community.
An Economic Impact Analysis f or the fiscal year 2001 p r epared by t he 314 t 11
Comptroller Squadron Financial Analysis Branch was provided to the Ci ty
Council and a copy is on file in the Off i ce of the City Clerk.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Wilson that the Regula Jc
Monthly Report for March from the Jacksonville Police Department b •a
APPROVED. Said report reflects; Total Value of Reported Stolen Propert:~
$77 I 561.00 I Total Value of Reco\ered Stolen Property $49 I 449.00 and Total
Report Sales $258 .00 .
Chief Ruthven expl a ined t he new format of the regu l ar monthly report,
pointing out that tha t the new report provides compa rison data monthly,
annually and the percentage difference. He pointed out t hat the report
provides new categories for adult arrests and juv eni le arrest.
In response to a question posed by Alderman Wilson, Mayor S waim related
that annually the FBI publishes a community data comparison .
Chief Ruthv en stated that the data is also reported to Arkansas Cri me
Information Cent er, which is ultimat e ly sent to the National Cri me
Information Center and t hat the FBI report is generated from t hat data
being held by the Nati ona l Crime Information Center .
3
000 ···'?9 ,,:~---
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18, 2002
7 :00 P.M. -8:10 P.M .
Alderman Elliott moved, seconded b y Alderman Wilson to approve the
Regular Monthly Report for March from the Jacksonville Fire Department,
which reflects a fire loss of $142 ,315 .00 , and a Savings Total of
$209,000.00 . ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Wilson,
Fletcher, Stroud, Twitty and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT: a.
Computing Platform
Request to purchase Records Management System
Mayor Swaim related that t h e req uest is a mandated change and invited
Finance Di r ecto r Mushrus h or Chi e f Ruthven t o address the Council .
Chief Ruthven related that the records management system is a computing
server , saying that i t is the hardware i ncluding the ins t a l lat i on
components and a software package. He stated that the expenditure
request is for $8, 500.00 . He re l ated that the actual costs of the
platform is $24,804 .78, adding that $16 ,304 .78 will be expended from a
remaining FY2000 Block Grant for the equipment purcha se . He then stated
that in addit i on $50,000 will be expended from the FY2001 Block Grant to
purchase the software that will be used by the system. He related that
the system would provide one -time data entry and multi -functional use.
He related that the system would allow for a computer dispatching with
the 911 Communications Center .
Alderman Smith moved, seconded by Alderman Stroud to approve the
expenditure of $8,500.00 to complete funds needed to purchase a records
management system for the Police Department and the 911 Communi cation
Center.
In r esponse to a question posed by May or Swaim , Mr. Mushrush related that
the major i ty of equipment had been purchased under State contracts bid
earlier. He related that there are only two smaller i terns less than
$1 ,000.00 that is not under the State Contract .
It was noted that funds would be drawn from the Capital Equipment Fund ,
Mr . Mushrus h noted that the $16,304 .78 has been reserved fo r that
purpose.
At this time, MOTION CARRIED.
b. Request to purchase Canine and Training for the Canine Handler
Chief Ruthven related that Sgt . Mayberry is having to retire his canine
"Eikou , because of physical l imitations that are linked to the age of the
canine. He pointed out that the l ow bid came from a l oca l bidder , Von
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18, 2002
7:00 P .M . -8:10 P.M.
Klein Stein from North Little Rock a t $7,450 .00, which includes handler
train i ng and a guarantee. He stated that the other two bids were
considerably higher and neither were local. He stated t hat t he highest
bid included expenses and l ogging . He related that he is comfortable
with the local bid, pointing out that in the past canines were purchased
from Canine Unlimited from Oklahoma City at an average of $8,8 00 per
canine .
In response to a question from Alderman Sansing, Chief Rut hven related
that Sgt. Mayberry has inspected the canines from the low bidder and is
comfortable with recommending Von Klein Stein.
Mayor Swaim related t hat he had requested a cani ne with bomb search
training , but added that it was not possible in the s hort period of time .
He stated that there is a high demand for bomb dogs at t he present time
and that the Chief h as recommended that when the next canine is retiree.
the City consider a canine trained in bomb search .
Chief Ruthven related that he is looking specifically at next year for
t he purchase of a bomb dog, even possibly as an additional dual purpose
dog for bomb and/or drug or patrol. He stated that currently the Police
Depart ment turns to the Air Force Base or Sherwood for assistance with
that type of resource . He stated that he would like to have t he canine
speci fically fo r proactive reasons not re active, saying that cur rently
this type of resource i s used only for rea c ti ve situations . He stated
that if the City had a bomb dog fo r proact ive situations, the Polic E~
De partment could address some of the concern s upfront from a hometown
defense perspective .
In response to a question posed by Alderman Wilson, Chief Ruthven related
t he canine protective gear had not been considered , adding that they are
considering purchasing boot ies to protect t he dog 's feet .
Mayor Swaim related that the funds are budgeted from recove red d rug
monies set aside in a spec ial fund.
Alderman Smith moved, seconded by Alderman Stroud to approve the low bid
from Von Klein Stein of North Little Rock in the amount of $7 ,4 50.00 f or
a canine purchase and training for the canine handler . MOTION CARRIED.
In response to a question regarding Sgt . Mayberry 's request that Eiko be
retired to his care , Mayor Swaim related that it could be accomplished
administratively.
c . Request to Accept Bid for a new roof for the Police Department.
Mayor Swaim related that roof repair has been budgeted , pointing out that
presently the City has four b uil dings that have flat roofs that are
either needing repair or replacement .
City Engineer Whisker related that two bids were received and that low
bid was submitted by W.C . Looper. He stated that Looper is qualified and
has been in the business for over 30 years wi t h excellent references.
5
000231
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18, 2002
7 :00 P .M. -8 :10 P.M .
Mayor Swaim related that the budget would have to be amended before
year 's end, saying that the funds wou l d be drawn from the Capital
Projects fund. He s tated that originally $10 ,000 had been set aside for
roof repairs , adding that the roof was not repairable. He related that
t he roof would be replaced with a new flat roof system that uses rubber
shee t ing wi th sealed joints.
Discussion ensued as to roof repair needed at the o l d City Hall building ,
and Mayor Swa i m re l ated that the seams are leaking . He stated that
reseal i ng the seams has been bid as opposed t o replacing the entire roof.
City Eng i neer Whisker related that the new roofing is a better system and
is more ref l ective .
In response to a question from Alderman Stroud, Mayor Swaim related that
a foam system was i nstalled at t he Commu n i t y Center and the Library,
explaining that while the Community Center has done well the Library has
not. He stated that part of the prob l em at the Lib rary is due to the
heating and cooling unit l ocated on the roof and the need for repairs to
the unit has compromised the roofing system . He stat ed that the roofing
system is poorly designed because of the placement of the heating and
cooling unit, adding that he has investigated methods to prov i de a metal
pi tched roof at reasonable costs.
City Engineer Whisker related that a cost analysis is being conducted for
a pitched roof.
In res ponse to a question from Alderman Wilson, Mayor Swa i m relat ed that
t he project wou l d encompass t he Police and Courts bu i lding but not the
new CID area , wh i ch was constructed with a meta l pitched roof.
Alderman Wilson moved, seconded by Alderman Stroud to approve the low bid
from W.C . Looper Roofing in the amount of $32,500.00 to replace the
roofing system at the Police Department building with funds to be drawn
from the Capital Projects Fund . MOTION CARRIED .
SANITATION DEPARTMENT : Request to Accept Bid for a Wheel Loader
Public Works Director Mr. Jimmy Oakley related that the recommended bid
is from Scott Construction for $82,235.00 for a front-end loader to be
u sed by the Sani t a tion Department t o push yard waste to the tub grinder.
He related that Scott Construction is the second lowest bid, and the only
bid that met specifications .
Alderman Stroud moved, seconded by Alderman Howard to approve the second
lowest bid from Scott Construction in the amount of $82,235.00 and reject
the low bid for lack of meeting specifications . MOTION CARRIED.
Mayor Swaim noted that the funds would be drawn from the Sanitation Fund .
STREET DEPARTMENT :
PLANNING COMMISSION:
6
ooo:z3 2 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18, 2002
7:00 P.M. -8:10 P.M.
GENERAL: Report from the Reed's Bridge Committee
Mayor Swaim related that the committee was appo i nted at the previ ous City
Coun c il mee t ing to bring a r ecommendation before the City Counci l
regardi ng City invo l vement of the Ree d's Br i dge Civil War Founda t ion
Historica l project.
Al derman Sansing addressed t he item, sayi ng that he had been a descending
voice on the committee. He related that after committee discussion
regarding future plans and the origina l appraisal of $6 1,000 , which was
found t o be inaccu rate given easement misinformation, his recommendat ion
is to support the r equest. He then stated that his recommendation is for
one -hal f of the appraisa l value , adding that the other members supported
the request for $45 ,000 . He addressed the request from the City Council
regarding the Society's future p l ans , saying that the Society had hoped
to receive a City investment o f $15 ,000 per year for the next five years
with the flexibility of carrying funds from year into the next . He
s t ated that support of t h is request would require budgeta r y
consideration , adding that if funds are available he cou l d support the
request . He stat ed that if the Lee Property acqu i sition is completed t he
Socie t y wil l have accu mulated 30 -acres for appr ox i mate l y $310,000 of
which the City wi ll have contributed $90 ,000 and are l ooking at an
additional 20-acr es i n the f u t u re .
Alderman Howard stated h i s support of t h e request, saying that the Ci ty
al r eady has an investment i n the project, wh i ch he fee l s should be
fo llowed through. He re l ated that the request for $1 5 ,000 over the next
five years is a s ma l l percent age of what t he Ci t y wi l l gain from its
inves t ment. He addressed increas i ng land values in the area , a n d stated
that the area is looking considerably bet t er . He relate d i ncreased
interest from to u r groups rega r ding the actual battlefi eld area, sayi n9
that once the property is listed on the National Registry i t wi ll help
promote Jacksonvi l le tour i sm .
It was c l arified that the request before City Counci l is to invest:
$45 , 000 in the purchase of the Lee P r ope r ty and commit to $15 , 000
annually t o help fund the project .
Alderman Str oud s t ated that he fe lt the two requests should be addressed
separately, saying that he supports the $45,000 land investment. He then
adde d t h at even with his vote of support he stil l feels the mon e y cou l d
be t ter be exp ended i n other areas. He explai ned his hesitancy rega r d i nq
support of t he five yea r plan , reminding the Counci l of the enormous
ef f ort b eing made to remov e sales t ax from t h e sale of food. He sta ted
that i f food sales tax i s repealed the Ci t y of J acksonville i s going to
l oose be t ween 1.5 and 2 mil lion do l lars annually . He related that i t
wou l d l eave the City i n t h e posit i on to either c utting se r vices t o i ts
c iti zens or raising taxes.
Mayor Swaim s t ated that l egal l y the Ci t y Council could not ob l igate a
fut u re City Council regarding future expenditure of funds , addi ng that
the Counc il could adopt the five yea r p l an i n theory .
7
CITY OF JACKSONVILLE 0002 33
REGULAR CITY COUNCIL MEETING
APRIL 18, 2002
7 :00 P.M. -8:10 P .M.
Discussion ensued regarding the expected fund e xpenditure in rat i o to the
accumul ated acreage and appraisal v a l ue. It was c lari f ied that the
additional $75,000 at the ra t e of $15,000 per year f o r the n ext five
years would help fund the purchase of an additional 20 -acres as it
becomes available.
Mayo r Swaim clarified with City Attorney Bamburg that the City Council
can adopted the five year plan but could no t fund the f i v e year plan
except o n a year to year basis .
I t was no t ed t hat t he new appraisal for the Lee Property is approximately
$90 ,000 .
Alderman Stroud moved, seconded by Alderman Smith to approve a $45 ,000
investment for the year 2002 and support the five-year plan without
automatic obligation of funding.
Mayor S waim related that the expenditure would have to be drawn from the
Cap i tal Improvement Fu nd .
Alderman Fletcher stated that he would like to see the City wide n its
v ision regarding the rich hist or i cal treasures o f the City, me nt i oning
t he Ordinance p l a nt of the 40 's, and t he Air Base . He re lated that he
would l ike to s ee the City c re a t e a historical commission coup led with
the Reed 's Bridge Society and previ ous workers of the Or dinance plant to
help the City take advantag e of its h i storical re sou r ces. He r elat ed
that the commission could fine tune needs fo r different historical
poss i b i lities, suggesting a rep roduction o f t he various h i storical
resources that Jacksonvi l le ha s to offer .
Alderman Wilson concurred with Alderman Fletcher , but stat e d reservations
about using tax do l la rs to accompl ish that . He praised t he work being
performed by citizens willing to give of the ir time to preserve history,
but stated t h at he has concerns for many other needs in t h e community .
He cite d items of necess i ty such as roof repair s , mai n t enan ce f o r the
Co mmunity Center as priority concerns for the City .
Alde r man Fletcher agreed that t he Commission sho u ld be hand l ed on a
vol un t eer basis .
Al derman Ray noted that the Reed 's Bridge Preservation
operated strictly t hrough volunteerism, sayi ng that the
requested only a small portion of funds from the Ci ty .
At this time, MOTION CARRIED .
APPOINTMENTS:
WATEWATER UTILITY COMMISSION
Society is
Society has
Alderman Elliott moved, seconded by Alderman Smith to approve the
reappointment of Mrs. Kathe Parson to the Jacksonville Wastewater Utility
Commission for a term to expire 4/20/2007 . MOTION CARRIED .
8
000234
ANNOUNCEMENTS :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 18 , 2002
7 :00 P .M. -8 :10 P.M.
Mayor Swaim announced a dedication ceremony at 11:15 a .m ., May 4 ~ at
Dupree Park ballfield #5 in honor of Mr. Paul S h ireman. He relat ed that
Mr . Shireman was the first American Legion Coach .
He then announced that City Attorney Bamburg has secured an order of
immediate possession of lands regarding the property between Hwy 161 and
School Drive.
Mayor Swaim acknowledged the birthday of City Engineer Whisker, wishing
him a happy birthday.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 8 :1 0
p.m .
Respectful l y ,
9
City Council Of Jacksonville, Arkansas 0 00~~3 5
AGENDA
Regular City Council Meeting
MAY 2, 2002 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:
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 .
b .
15. APPOINTMENTS: a .
b.
16 . ANNOUNCEMENTS : a.
b.
c .
ADJOURNME NT
Regular C ity Council Meeting
April 18, 2002
Regular City Council Meeting
April 4 , 2002
REQUEST TO ACCEPT BID: Skateboard
Park Equipment (Mayor Swaim)
DISCUSSION : Expansion of Division
and Mulberry (Mayor Swaim)
RESOLUTION 561 (#6-02) Oak Ridge
Ranch Estates (available at meeting)
(Mayor Swaim)
Reappointment of Curtis Green to Parks
and Recreation Commission for term to
expire 5/9/07
Reappointment of Thad Gray to the
Water Commission for term to e x pire
4/20/10
Central Arkansas Water Public Hearing
May 6 , 2002 at 6 :00 p .m .
Arkansas Municipal League's Annual
Conventio n , Statehouse Convention Center-
Little Rock, June 19-21 , 2002. Contact Bertha
by Friday , May 3 rd to attend.
Dedication Ceremony in honor of Paul
Shireman at Dupree Park Field # 5 on
Saturday, May 4 th at 11 :15 a .m .
000~.36 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 2 , 2002
7:00 P .M. - 7 :28 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 2, 2002 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
aud i ence in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen : Elliott, Smith , Lewis, Ray, Fletcher, Stroud, and
Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a
quorum . PR ESENT eight (8), ABSENT (2). Alderman Twitty arrived at
approximately 7:02 p.m.
Othe r s p r esent for the meeting were: Ci ty Attorney Robert E . Bamburg,
Dep uty Clerk Teresa Carter, Human Resource Director Charlie Brown , City
Enginee r Jay Wh i sker , Public Works Director Jimmy Oa k ley , Police Chief
Ruthve n , Fire Ch i ef Vanderh oof , Parks and Recreation Director George
Biggs, Parks Administrator Patty Walker , Mrs. Judy Swaim, Mr s. Lendy
Lewis, interes t ed citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presen ted the mi nutes of the Regula r City Counc il Meeting o::
Apri l 18, 2002 for approval and/or correction at t he next Regularly
Sch edu l ed City Coun c il Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, secon ded by Alderman Howard that the minutes of the
Regular City Council Meeting of 4 April 2002 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS AND RECREATION : Request to Accept Bid for Skateboard Park Equipment
Ma yor Swaim mentioned previous concerns from the Council regarding
liability issues involving a skateboard park, adding that the Parks
Comm i ssion has recommended a skateboard park and $25,000 has been
budgeted. He related that the low bid came in at $25,241 .00 for the
purchase of five pieces of equi pment.
In response t o a q ues tion pose d by Alderman El liott, Mayor Swa i m related
that temporarily the skateboard park would be located at the old
recycling center loca tion .
Parks and Recreation Director George Biggs .stated that the equipment
included in the b i d is a fun box, half pike, grind rail , spike, and a
pyramid. He pointed out that the temporary lo cation a l ready has an
1
000237
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 2, 200 2
7:00 P .M. - 7 :28 P.M .
existi ng slab. He stated that t h e goal is to establish a permanent
skateboard par k at the amph i theatre off Loop Road. He related that skate
boarders are a part of the population that is not currently being
serviced.
Discussion ensued regard i ng immun ity from l iability and City Attorney
Bamburg advised that proper installation of the equipment as per the
manner provided by the manufacturer and signage are additional
precautions.
Mr. Biggs noted t hat the manufacture r will i n s t al l the equipment and that
signage is also provided .
In response to a question posed by Alderman Elliott, Mr. Biggs stated
that the second proposal i ncluded insta l la t ion . It was noted t hat the
tempora r y par k would no t have lighting to t h e extend hours of operation.
In response to a question posed by Alderman Lewis , City Attorney Bamburg
related that the signage would warn that use of the equipment i s at the
users responsibility, adding that the City would not in any way be
responsib l e fo r i njuri es .
In response to a question posed by Alderman Howard, Mr. Biggs related
that RJR Enterprises was the only vendor to attend the Parks Commission
meeting , adding that they i nstalled the equipment at Conway and
Arkadelphia .
Mayor Swaim stated that a bid requirement was that the company provide a
State contractors l icense in the bid packet.
Discuss i on ensued regarding a requirement for use of safety equipment and
Mr . Biggs stated that signs would be posted asking skaters to use the
proper safety equipment , but added that ultimately it is up to the
discretion of each user.
Al derma n How a rd supported the idea of a skateboard park , not i ng many
problems with skaters in improper areas of the City .
Alderman Ray noted that skate boarding h as become a popular event that is
being t elevised on the sports channels .
Alderman Ray moved , seconded by Alderman Howard to accept the low bid for
equipment and installation from RJR Enterprise in t he amount of
$35 ,241.22 with funds to be drawn from Parks Department funds . MOTION
CARRIED .
PLANNING COMMISSION :
GENERAL: a. Expansion of Division and Mulberry
2
o ooz:~8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 2, 2 002
7:00 P.M. -7 :28 P .M.
Mayo r Swaim related that the $33,000.00 estimate would include the widen
of Mu l berry and Division, provide for an alley , curb , gut ters , and
s i dewal ks . He re l ated that one opt i o n was to extend Second Street to
North Fi rst Street , explaining that the Arkansas High way Department did
n ot want Hwy 161 to be closed . He stated that t he other a l ter native was
to come up to Mulberry or Division and let traffic traveling north to
North Fi rst t urn right on Second Street and then p roceed to the over pass
at the l ight. He stated that the other option would have traffi c moving
u nder the ove r pass around to Second Street and then back to Main Street
before cros s ing the overpass . He asked the Counc i l f or pe r mission to
move forward with bid specificat ions , add i ng that funds have been
budgeted i n the Street Department Fu n d for an extension .
I n response to a question p osed by Alde r man Fletcher, Mayor Swa i m stated
t h a t Di vision and Mulberry are narrow streets with open di t ches. He
s t a t e d t hat they are no t improved to the leve l o f tra ffi c tha t will be
us i ng them . He po i nted out that t h e proposal h as f i rst l eve l approval
f rom the Arkansas High way Department, but will still have to move t hrough
the Hi ghway Department's approva l procedur es . He stated that other
considerations were discussed regarding the poss i b il ity of turning
Mu l berry or Division into one-way streets and asking for a t u rn l ane off
No rth Fi rs t Street , wh i ch wou l d al l ow traffic to store befo r e t urning
left .
Alder man Smith moved, seconded by Alderman S troud to prepare bid
specifications regar d i ng the expansion of Division and Mulberry Streets .
MOTION CARRIED .
b . RESOLUTION 561 (#6 -02)
A RESOLUTION URGING SUPPORT Feet THE PROPOSED ANNEXAT I ON OF CERTAIN REAL
PROPERT Y KNOWN AS OAK RIDGE ESTATES INTO THE CITY LIMITS OF JACKSONVILLE
(COMMONLY KNOWN AS THE OAK RIDGE ESTATES ANNEXAT I ON ) ; AND, FOR OTHE R
PURPOSES.
Mayor Swaim relat ed t h at the Reso l ution addresses a newly d evelopin g
s u bdi vis i on off Maddox Road o utside the City limi ts, he po inted o u t that
the deve l oper has hi r ed a n a t tor ney and as k ed t he County and the
Jacksonvil l e P l a n n i ng Commission for permission to be annexed.
Ci t y Engineer Whisker r e l ated t h a t the annexation originated as a request
from the Plan n i ng Commission when the developer presented h i s prel i minary
p lat , because the Ci ty would be extending water, and sewe r services . He
re l a t ed that the subdivision did not touch the City limi ts so the
developer purchased a separate p i ece of property to make the s u bdivi sion
contiguous to the City limits.
Mayor Swaim related that the property is not an i s l and it join s Maddox
Road past the chur c h . He exp l a i ned the location of the subdivision and
the parcel purchase to make it contiguous to the City of Jac k sonvil l e
Ci ty l i mits.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 2, 2002
7 :00 P .M. - 7 :28 P.M .
Alderman Ray moved, seconded by Alderman Elliott to read Resolution 561
(#6-02). MOTION CARRIED . Whereupon City Attorney Bamburg read the
Resolution .
Alderman Elliott moved, seconded by Alderman Lewis to Approv e and Adopt
Resolution 561 (#6-02). MOTION CARRIED .
Mayor Swaim r e lated that the annexation will f ollow the same procedure a s
the south ann e xation , sa ying that t h e request wi l l go before the County
Judge on May gth and then an ordinance wi ll be subm i tted for approval by
the City Co uncil .
APPOINTMENTS:
Alderman Ray moved, seconded by Alderman Lewis to approve the
reappointment of Curtis Green to the Parks and Recreation Commission for
a term to expire 5/9/2010.
Alderman S t r oud endorsed the reapp ointment , saying that he had served
with Commissioner Green and f eels that he has been an asset to t he Par ks
Commission.
At this time, MOTION CARRIED .
Alderman Elliott moved , seconded by Alderman Smith to approve the
reappointment of Thad Gray to the Jacksonville Water Comm ission for a
term to expire 4/20/2010. MOTION CARRIED.
DEVIATION IN AGENDA:
Chief Ruthven updated t he City Counci l, saying that the roof repair
previously approved f or the Police Department has begun and shou l d be
completed in ten to twelve working days .
He then referred to the Police Department v i sion , mission, goals, values,
and guiding principles statement provided, pointing out that the document
has been finalized a nd i s be i n g provi ded f or their information .
He announced that can ine Eiko i s servin g his last day on the force and
that his rep l acement is a canine named Fel l ow. He stated that the canine
and his handler, officer Jim Brady will start work next Tuesday . He
r e late d that Eiko will be ret ired and turne d ove r to Office r Mayberry .
He stated that after speaking with Alderman Stroud regarding uniforms and
the aspect of how t he dark uniform a r e hot i n the summer , he took the
suggestion i nte rnally within the department and it has been determined
tha t starting May 19th Officer s will wear a s i mp l e gray p o l o shirt with an
embroidered badge o n the fr o nt and l ettering on the back for summer wear .
He displayed a sample of the shirts fo r Coun cil to view .
He then noted that a l l Officers wear vest and that it wil l work fine with
the n ew shirts , saying that Officers are be i ng told to order one size up
to accommodate the vest .
4
Or-:.,··· r.o 0 ·u :~~.·-t CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 2 , 2002
7 :00 P .M. - 7 :28 P.M .
He re l ated that selective traf f ic enforcement at two or three locations
in t he City will continue , being changed periodically to other locations.
He stated that using the sign radar captur es the pub lic 's attention
regarding speeding through those areas .
I n response to a question posed by Alderman Stroud , Ch ief Ruthven stated
that moral in the Police Department is extremely h i gh , citing t h at the
shi r ts and a proposal to go to permanent shi ft s have helped boost moral.
Mayor Swa i m related that funds were limited at the t i me the smaller man-
powered radar was purchased and that a larger system t h at fits on a
trai l er is being considered for next years budget . He complimented the
success of the radar system.
RESUME AGENDA :
ANNOUNCEMENT:
Mayor Swa im announced that the Central Arkans a s Water Public Hearing wi ll
be h eld May 6th 2002 at 6 :00p.m. He encouraged the City Council members
to attend.
He then re l ated t h at the Arkan sas Mun i cipal League's Annual Conven tion ,
will be held at the Statehouse Convention Center in Li ttle Rock , June 19-
21 , 2002. He asked that members who wish to attend should contact Bertha
by Friday, May 3rct to atte n d .
He encouraged the City Council members to attend the Dedicat ion Ceremony
in honor of Paul Sh i reman at Dupree Park Field #5 on Saturday , May 4 th at
11:15 a .m .
Discussion ensued rega rding the l ighting of t h e f l ag poles and Mayor
Swaim re lated that the lights are mounted on a sep arate pole with the
maximum amount of candle power possible .
Ma yor Swa i m asked the City Council members to note that construction for
the lighted sign at the corner of Marshall and Main Street has begun and
it is hoped the sign will be operational in a few weeks to provide City
inf ormation for the citizens . He stated that one delay was choosing a
l ocation that would be visible from the freeway a nd Marshall Road anti
Main Street .
ADJOURNMENT :
Mayor Swaim without objecti on adjourned the meeting at app roximately 7 :2 ~1
p .m.
Respectfully,
MAYOR
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16, 2002
7 :00 P.M. - 7 :29 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Council of the City of Jacksonvi lle, Arkansas met in Regular
Session on May 16, 2002 at the regular mee t ing place of the Council .
Alderman Ray de l ivered t h e invocation and Mayor Swaim l ed a standing
audience in the "Pledge o f Allegianceu t o the flag .
ROLL CALL: Aldermen : El liott, Sm ith, Sans ing, Ray , Wil son, Twitty, and
Howard answered roll call . Mayor Swa im also answered RO LL CALL declaring a
quorum . PRESENT seven (7), ABSENT (3).
Oth ers present for the mee ting were: City Attorney Robert E . Bamburg ,
Deputy Cl erk Teresa Carter, Director of Administration Murice Green,
Hum an Resource Di rector Charlie Brown, Finance Director Paul Mus hrush ,
City Engineer Jay Whi sker , Public Works Director Jimmy Oakley , Police
Chief Ru thven , Fire Chief Vanderhoof , Parks and Recreation Director
George Bigg s, Parks Administrator Patty Walker, Planning Commission
Chairman Art Brannen , Mrs . J udy Swaim, Mrs . Edi th Sm ith, and interes ted
citizens and members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
May 2 , 2002 for approval and/or correct ion a t the n e xt Regu larly Scheduled
City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of t he
Regular City Council Meeting of 18 April 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman Elliott that the Regular
Monthly Report for the month of April 2002. Said Report reflects:
REVENUES :
ADOPTIONS/FINES:
TOTAL:
REGULAR MONTHLY REPORT/ENGINEERING
496.50
496.50
496.50
Alderman Wilson moved, seconded by Alderman Elliott that the Regular
Monthly Report for the month of April 2002
PERMI TS /LICENSE ISSUED
Building P ermits
Business Li cens e
16
1 5
1
INSPECTIONS PERFORMED
Building Inspections
HVACR
El ec tri cal
Plumbin g
41
23
36
44
ooo ::::..1 2
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Lett ers
Trash Removal
Cost for April
CONDEMNATIONS
101
1
138
$70.00
Structural Maint. Letters 0
S tructural Repairs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16, 2002
7:00 P .M. -7:29 P.M.
VEHICLES
Notice of Noncompliance
Veh i cles Towed
18
0
Alderman Wilson moved, seconded by Alderman Elliott to approve the
Regular Monthly Report for April 2002 from the Jacksonville Fire
Department, which reflects a fiE loss of $44,750.0 0 , and a Savings Total
of $205,050 .00 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Elliott to approve the
Regular Monthly Report for April 2002 from the Jacksonville Police
Department be APPROVED. Said report reflects; Total Value or Reported
Stolen Property $91,155.00, Total Value of Recovered Stolen Property
$40,758.00, and Total Report Sales $380.00.
Mayor Swaim stated that he wou l dlike to compl iment the Police Department
o n the recent h ostage situation that e n ded amicably.
ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and
Howard v o ted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PLANNING COMMISSION:
GENERAL: a. ORDINANCE 1178 (#8-02)
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF CERTAIN REAL PROPERT Y
KNOWN AS OAK RIDGE ESTATES INTO THE CITY LIMITS OF JACKSONVILLE (COMMONLY
KNOWN AS THE OAK RIDGE ESTATES ANNEXATION); DECLARING AN EMERGENCY ; AND,
FOR OTHER PURPOSES.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16 , 2 0 02
7:00 P.M. -7 :29 P.M .
Mayor Swaim related that the property is located outs i de the City limits,
say i ng that the developer has proposed the subdivision to the Planning
Comm i ssion asking for City water and sewer services . He re l ated that the
Plan n i ng Commission has rev iewed t he proposal several times through the
various stages and has requested that the property be annexed into t h e
City l imi t s . He s t ated that following a public meeting with the County
Judge t h ere are no object i ons to the p rope r ty b e ing a n nexed into the
City.
Alde rman Wi lson moved, secon ded by Al derman Smith that Ordinance 1178 be
placed on FIRST READING. ROLL CALL: Aldermen Elliott, Smith, Sansing,
Ray , Wilso n, Tw i tty and Howard voted AYE . NAY ( 0) . MOTION CARRIED.
Whereupon Ci ty Attorne y Bambur g read t h e heading of Ordinance 1178 .
Alderman Wi lson moved, seconded by Alderman Smith that Ordinance 1178 be
APPROVED on FIRST READING.
Mayor Swaim recognized Mr . Lyndon Whitledge to address the City Council .
Mr. Lyndon Whitledge stated that he is Pastor of the North Jacksonville
Missionary Baptist Church and wanted to make sure he understood that the
prope r ty is north of Jacksonville .
Mayor Swaim concurred, clarifying that the prope rty is located adjacent
to Maddox Road.
Mr . Whitledge stated that his biggest concern is the battle over
religious freedom, saying t h at it may be time to write letters to change
regu l ation s so t h ey can have a c h urch at t he end of the base. He stated
that he read in the pape r and it dawned on him and this mi ght be good,
saying that he is not opposed to bring i ng the subdivision into the City.
He stated that the l aw passed in order for Jacksonville to gain control
of the area , says that the Ordinance shall not prohibit single-family
residents use of tracks in an acre or more of area . He stated that this
is a State law from wh i ch the City derived its Ordinance . He stat ed that
the law states that a City cannot pass an Ordinance of less restriction .
He stated that if he understood correct residents in North Pulaski County
can h ave a· house on a acre or more . He stated that is what was
understood because that is what was in the law a n d not just t h at zone but
the entire County in the Overlay District . He then stated that in the
Jacksonville paper it stated that the City i s planning to bring in 60 -
acres and that out of that 60-a cres there wi l l be roads and 62 lots . He
stated that 62 lots out of 60-acres is less than what t he law requires .
He stated that he ca l led and spoke with the Planning Commission who
informed him that t he lots were an acre more or l ess, stating that is not
what the law require s . He related that the law states that there will be
43 ,560 feet in every lot in North Pulaski County, saying that is does not
pertain to that zone. He stated tha t if the lot s are under a n a cre and
the City brings the m in, then it will give him somet hing else to say in
his letters to Washington .
3
000244
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16, 2002
7 :00 P .M. -7:29 P.M.
Mayor Swaim pointed out that it is the City 's understandi ng and the City
Attorney's interpretation of law that it appli es to the AI CUZ zone,
adding that it was never intended to apply to all of North Pulaski
County .
Mr . Whitledge stated that this is not the City Ordinance.
Mayor Swaim explained that State law grants the authority to pass an
ordinance restricting a specific (AICUZ) zone. He stated the North
Jacksonville Missionary Baptist Church is exempt from that area a nd that
Mr . Whitledge was given that information at the time the Ordinance was
being considered . He stated that the AICUZ Ordinance does not affect the
Church or the proposed subdivision. He then pointed out misinformation,
clarifying that the legal description of the property consists of 73.3
acres instead of 60 acres.
Mr . Wh i tledge stated that is why he has come to ask questions and see if
there was a misprint in the paper.
Mayor Swaim stated that is the City 's understanding that the AICUZ Zone
was never intended to limit the entire North Pu l aski area. He pointed
out that t he was Church repeatedly i nformed that the Ordinance would not
affect its property because it was not in the AICUZ area . He went on to
say that the proposed subdi vision is in the same category and not
affected by the ACUZ Ordinance .
Mr . Whitledge stated that the City had previous l y said that State law 14 -
56-426 applied to North Pulaski County, adding that the Ordinance shall
not prohibit single-family residence use on tracks of an acre or more.
He stated this is not the City Ordinance, but the State law that the City
got Mr . Wilson at the State House to pass. He stated that the City told
the Church that this law restricts all of North Pulaski County as the
whole Overlay Zone not the Ordinance .
Alderman Elliott stated that the Overlay Zone is the AICUZ Ordina nce .
Mr. Whitledge stated that he is referring to the part on the other side
of the ba se.
Mayor Swaim clarified that the law grants authority to the City to pass
an o rdinance regarding restrictions, but does not say that this is the
l aw . He stated that unl ess it is proven that the City has not followed.
the law, then the City is obligated to annex the proposed subdivision.
He proposed that if it were the intent of the City t o encompass all of
North Pulaski County, why was the Church informed that it would not
affect their property.
Mr. Whit ledge stated that he fights other peoples battles not just h is
own, adding that he unders tands the property misses the zone by 600 feet;
and questioned if this means that everyone in North Pulaski County can
build a house on one acre or less. He questioned if it applies just to
this zone or to the whole North Pulaski . He stated t hat du ring the
4
000245 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16 , 2002
7 :00 P .M. - 7 :29 P .M .
hearings he was under the impression that law 14-56-426 applies to the
whole section. He stated that i t also says that the ordinance states
that i t shall not prohibit single-family residence on tracks of an acre
or more in an area. He related that he was told over the phone that if
he wanted to divide his "under five-acre property" into acres he would
have to receive permission from the Planning Commission , which he stated
means that the City contro l s all of North Pu l aski Co u nty.
Mayor Swaim pointed out t hat the division of five acres or less is a
total l y different issue , clarifying that a separate State Statute grants
the City Counci l a five-mile jur isdiction outside the City limi ts . He
expla ined that t h e law exi sts for all cities granting them a five-mile
planning jurisdiction outside their city limits.
Mr. Whitledge stated that the law only applies if a river is l ocated
within the five miles.
Mayor Swaim clarified t h at the law does not mention a river.
Mr . Whitledge stated that he hoped that there would be at least one lot
in the subdivision that would be less than one acre because he is trying
to get h is religious freedom back.
Mayor Swaim assured that the regulations do not hinder any religious
freedoms .
Mr . Whitledge stated he can not put a sign in his yard for the High
School.
City Attorney Bamburg clarified that the State Statute is enabling
legislature that was passed to authorize the Jacksonvi l le City Council to
pass an ordinance addressing the AICUZ zone , adding that afte r much study
and de l iberation t he AICUZ ordi nance was passed. He stated that the
AICUZ zone is very defined and specific regarding t he lega l d e scription .
He related to his understanding, the proposed 70 plus acre subdivision is
beyond AICUZ zone provisions. He stated tha t there is no issue of
compliance or non-compliance because it is not in the AICUZ zone.
ROLL CALL : Al dermen Elliott, Smith, Sansing, Ray, Wilson , Twitty, and
Howard voted AYE . NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Al derman Sansing to sus pend the rules
and place Ordinance 1178 on SECOND READING. ROLL CALL : Aldermen Elliott,
Smith, Sansing , Ray , Wilson, Twitty and Howard voted AYE. NAY ( 0) .
MOT I ON CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1 178.
Alderman Wilson moved, seconde d by Alderman Elliott to further suspend
the rules and place Ordin ance 1178 on THIRD AND FINAL READING. ROLL
CALL : Aldermen Elliott, Smith, Sansing, Ra y, Wilson, Twitty , and Howard
voted AYE . NAY (0). MOTION CARRIED . Whereupon City Attorne y Bamburg r e ad
the heading of Ordinance 1178 .
5
ooo ::-16
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16 , 2002
7:00 P.M. - 7 :29 P .M.
Alderman Wi l son moved, seconded by Alderman Ray that Ordinance 1178 be
APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Smith, Sansing, Ray,
Wilson, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED and NUMBERED 1178 THIS 16 ~ DAY OF MAY 2002.
b. ORDIANCE 1179 (#9-02)
AN ORDINANCE RECINDING JACKSONVILLE MUNICIPAL CODE 2.46.010; DECLARING AN
EMERGENCY ; AND , FOR OTHER PURPOSES .
Mayo r Swaim expla ined the Attorney General offered an opinion concerning
preferential primary electi ons and municipal election s, he related that
the ordinance brings the City of Jacksonville i nto line with that
opinion. He expla in ed that the filing period for municipa l governments
with independent candidates would be in the August /September time frame
of approximately 20 days.
Alderman Smith moved, seconded by Alde rman Wilson t hat Ordinance 11 7 9 be
placed on FIRST READING . ROLL CALL: Aldermen El liott, Smith, Sansing,
Ray, Wilson, Tw itty and Howard voted AYE. NAY ( 0) . MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1179 .
Alderman Ray moved, seconded by Alderman Wilson that Ordinance 1179 be
APPROVED on FIRST READING . ROLL CALL: Aldermen Elliot t, Smith, Sansing,
Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the rules and
place Ord i nance 11 79 on SECOND READING . ROLL CALL: Aldermen Elliott,
Smith, Sansing , Ray, Wilson, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamb urg read t he heading of
Ordinance 1179 .
Alderman Ray mov ed, seconded by Alderman Howard to further suspend the
rules and place Ordinance 1179 on THIRD AND FINAL READING . ROLL CALL :
Aldermen El l iott, Smith, Sansing, Ray, Wi l son, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED . Where upon City Attorney Bamburg read the
heading of Ordinance 11 7 9.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1179 be
APPROVED AND ADOPTED . ROLL CALL: Aldermen Elliott, Smi th, Sansing, Ray,
Wi ls on , Twitty and Ho ward voted AYE. NAY (0 ). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Wilson that the EMERGENCY CLAUSE
be APPROVED AND ADOPTED . ROLL CALL: Aldermen Ellio tt, Smith, Sansi ng ,
Ray, Wilson, Twitty and Howard voted AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED with EMERGENCY CLAUSE and NUMBERED 1179 THIS
16th DAY OF MAY 2002 .
6
c . RESOLUTION 562 (#7-02)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16 , 2002
7 :00 P .M. - 7 :29 P.M .
A RESOLUTION SUPPORTING LEGISLATION ALLOWING LOCAL GOVERNMENT TO ENTER
INTO A NON-DISCLOSURE AGREEMENT WITH THE ARKANSAS DEPARTMENT OF FINANCE
AND ADMINISTRATION REGARDING LOCAL SALES TAX COLLECTION INFORMATION ;
AND,FOR OTHER PURPOSES .
Mayor Swaim related that the resolution supports legislation regarding
ADFA modif i cations.
Finan ce Director Pau l Mushrush re l ated that the largest single revenue
collected by the City is Sales Tax, which is collected through the
Department of Finance and Administration and remitted to the various
Cities in net of a 3 % service charge . He related that the information
allowable to the cities under State law is the amount distributed less
3 %. He explained that there is ve r y little other information available,
adding that cities approach uncertain economic times it becomes necessary
to have the ability to analyze the sources and trends behind these
revenues . He stated that the Arkansas Government Finance Officers
Association throughout the State is supporting legislation to lobby with
the Arkansas Department of Finance and Administration to expand the
reporting mechanism for additional information. He related that one area
specifically is the Standard Industry Code so that cit i es know where the
money comes from. He pointed out fluctuations and exp l ained the
difficulty in trying to interpret current economy that does not f ollow
trends in the newspaper . He stated that AGFOA is asking support to allow
them to lobby for legislation to change State law report i ng information .
Mayor Swaim related that the proposed legislation i s not an intent to
gain specific business information, but an attempt to gain more general
numbers from ADFA that can be used to measure revenue trends. He cited
K-Mart and Wal-Mart as a prime example , saying that it is difficult to
determine the effect on the l oca l economy. He added that the Resolution
carries no legislative authority, but only supports the efforts to obtain
additional information.
Alderman Wilson moved , seconded by Alderman Ray to READ Resolution 562.
Alderman Smith pointed out that additional information would be useful
regarding the annual budget i ng process .
At this time, MOTION CARRIED .
Alderman Elliott moved, seconded by Alderman Wilson to Adopt Resolution
562. MOTION CARRIED .
APPOINTMENTS :
BOARD OF ADJUSTMENT
Alderman Elliott moved , seconded by Alderman Smith to approve the
appointment of Mr . Mark Stroud to the Jacksonvi lle Board of Adjustment
for a term to expire 2/5/2005 . MOTION CARRIED .
7
OOO Z~t8
PARKS AND RECREATION COMMISSION
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 16 , 2002
7:00 P .M. -7:29 P.M .
Alderman Elliott mo ved, seconded by Alderman S mith to approve the
reappointment of Mr. Barry Hickingbotham to the J a cksonville Parks and
Recreation Commission for a term to expire 5/9/2007. MOTION CARRIED .
ANNOUNCEMENTS :
Mayor Sw aim c omp l ime n ted the success of the business e xpo held at the
community center earlier in the day , saying that ma n y of the prizewi nners
we re from areas outside Jacksonville . He stated t hat the Chamber of
Commerce did an ex ce llent job and compl imented Director Biggs saying that
there we re n umerou s comp l iments regarding the facil i ty.
He related a recent t our of the recycling fa ci l ities , a nd encou r aged
Council mem be rs to tou r t he faci l ity . He s t ated that the Recyc ling
Ce nt er is rated as one of the best in the S tate r ega rding a total
recyc l ing program . He r ela ted that the City has been fortunate to
receive g r ants for two bailers, a for klift, recyc l ing truck, and one
employee 's annual sala ry.
Alderman Smith note d t hat Little Rock has returned to h a ndling t heir City
garbage pickup ra t her than it being contracted privately . He complimented
t h e City for being able to provide a t wice-a-wee k g a rbage pickup.
May or Swaim related that Little Rock is propos ing a nineteen -d ollar
c h a r ge for l ess service than is provided by the City of Jac k sonville . He
pointed out tha t City resi d e nt s rece ive two garbage p i c k ups , one trast.
pickup and one recycling pickup per week ; saying t h at there are four
tri ps per house household for approximate l y eleven dollars . He
comp l imented the Sanitation crews and the Pub l ic Works Director .
Mayo r Swa im u pdat ed th e City Council regarding Capital I mprovement .
Projects , saying that the Animal Shel t er roof is near completion a nd that:
the Recycl i ng Center is 99 . 9% complete . He stated that s t reet ancl
drainage projects are on-going and that the paving program will begin in
J une. He stated that p lans are still being formalized regardin9
construction of a memorial fountain in h onor of Mr. Tom Cory and that it:
is hoped that it wil l be completed this year .
Alderman Ray announced that June 4th, the Boys and Gi rls Club is h av i ng
the i r annual b arbecue, and that t ick ets are available.
Ma y or Swaim announced t hat City Ha ll will be closed May 27 , 2002 in
observance of Memorial Day.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :29
p .m .
Respectfully ,
8
~ ~~
MAYOR TO~ SWAIM
.---.
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City Council Of Jacksonville , Arkansas OOOCD 1.
AGENDA
Regular City Council Meeting
JUNE 6 , 2002 7 :00P.M.
OPENING PRAYER :
ROLL CALL:
PRESENTATION OF
MINUTES:
APPROVAL AND/OR
CORRECTION OF M INUTES :
CONSENT AGENDA:
(Animal Control)
(Engineering Department)
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET D E PARTMENT:
SANITATION DEPARTMENT:
PARKS & REC DEPT:
PLANNING COMMISSION :
Regular City Council Meeting
May 16,2002
Regular City Council Meeting
May 2, 2002
Regular Monthly Report/May
Public Works Director Jim Oakley
Regular Monthly Report/May
City Engineer Jay Whisker
PRESENTATION : Street Striping List
(Included in packet) (Mayor Swaim)
FINAL PLAT: Western Hills S u bd ivision
Phase 1-Lots 1-37 (Included in packet)
(Mayor Swaim)
14. GENERAL: a . DISCUSS ION : Staffing fo r Seasonal Hire
(Alderman Gary Fletcher)
15. APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
b . Amending CDBG Budget
(Mayor Swaim)
c . Ordinance 1180 (#1 0-02) Condemning
Various Uninhabited Structures
(Mayor Swaim)
OOO D3 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6 , 2002
7:00 P .M. - 8 :29 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on June 6, 2002 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith, Sansing, Ray, Wilson, F l etcher,
Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum . Alderman Twitty arrived at approximately 7:04 p.m.
PRESENT nine (9), ABSENT (1).
Others present for the meeting were : City Attorn ey Robert E. Bamburg,
Deputy Clerk Teresa Carter, Human Resource Director Charlie Brown, City
Engineer Jay Whisker, Publ ic Works Director Jimmy Oakley, Purchasing
Agent C .J . Brown, Police Chief Ruthven, Police Captain Baker , Fire Chief
Vanderhoof , Jacksonville Seni or Citizens Director Judith Vail, Mr . Tommy
Bond, CDBG Director Theresa Watson , Planning Commission Chairman Art:
Brannen, Parks and Recreation Director George Biggs, Parks Administrator
Patty Walker, Mrs . Judy Swaim, Mrs. Lendy Lewis, Justice of the Peace
Dennis Sobba, Mr. Jim Peacock, Mr . Larry Smith, interested ci tizens and
members of the press.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Meeting of
May 16 , 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , sec onded by Alderman Ray that the minutes of th«:!
Regular City Council Meeting of 2 May 2002 be APPROVED. MOTION CARRIED.
DEVIATION IN AGENDA :
Justice of the Peace Mr. Dennis Sobba addressed t he City Council
regarding problems experienced in the Preferential Primary Electi on . He
explained that figures taken from the poles exceeded the count certified
by the Election Commission . He related that it was discovered t ha·t
approximately 5% of the ballots had not been counted and that it could
affect the race for Justice of the Peace District 10 , pointing out that
there were only ten ballots that separated the race . He stated that h2
has spoken with the Prosecuting Attorney who is looki ng into the matter,
adding that he does not feel there was any malice intent but rather an
inability in handling the Election. He re lated that ques tions were
r a ised when the electronic touch screen mach i nes were not used for early
voting because of a time -related issue regarding programmi ng and ballo t
printing costs . He stated that an appropriation of four thousand do l lars
has been requested to be returned.
In response to a question posed by Alderman Sansing, Mr. Sobba was unable
to offer much hope that the process would be changed through involvement
from fellow Justices of the Peace . He offered that inexperience could be
one factor regarding a reluctance to become involved .
1
OOOCD3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7:00 P .M. -8:29 P.M.
I t was the consens u s that a letter on behalf of the Jacksonville City
Council be forwarded to the County Judge regarding concern for proper
counting of election ballots.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Wilson that the Regular
Monthly Report for the month of May 2002 be accepted. Said Report
reflects :
REVENUES :
ADOPTIONS/FINES :
TOTAL:
REGULAR MONTHLY REPORT/ENGINEERING
783.50
783.50
783.50
Alderman Elliott moved, seconded by Alderman Wilson that the Regular
Monthly Report for the month of May 2002 be accepted .
PERMITS/LICENSE ISSUED
Building Permits
Business L i cense
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash letters
Trash Removal
Cost for May
CONDEMNATIONS
27
18
174
13
59
$532 .00
Structural Ma int. Letters 0
Structural Repairs Made 0
Demo l itions 0
INSPECTIONS PERFORMED
Building Inspections 51
HVACR 18
Electrical 54
Plumbing 42
VEHICLES
Notice of Noncompliance
Vehicles Towed
59
3
ROLL CALL: Alderman Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Stroud, Twitty and Howard voted AYE. MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT: PRESENTATION of the Street Striping for 2002.
2
ooocn .~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6 , 2002
7:00 P .M. - 8 :29 P .M.
Mayor Swaim related that efforts are being made t o stripe as many s treets
as pos sible withi n the b udge t . He stated that s treets of major n eed were
given t op priority , noting that pavement markers a re being installed .
PARKS AND RECREATION:
PLANNING COMMISSION: FINAL PLAT Western Hills Subdivision Phase I
City Engi n eer Whisker related tha t t he subdivision is almost complete,
saying tha t i t only lacks a small portion of curb approximately thirty to
forty feet, as silt f ence and two minor spots to be graded. He said that.
t he deve l o per has i ns ured him t hat the work would be comple ted in a fe w
days.
Alderman Wilson moved , seconded by Alderman Smith to approve the Final
Plat of Western Hills Subdivision Phase I, lots 1 through 37 contingent:
that the curb, silt fence and grading are completed within one week and
stipulating that lots will not be sold until the work is completed ..
MOTION CARRIED.
Discussion ensued regarding the private dri ve in the subdivision and Cit:r
Engineer Whisker related that curb and gutter f or the street is not
requi red by Code because of i ts p rivate s tatus . He stated that t he
p rivate d r ive was constructed to k eep vehicl es fr om ex iting driveways
directly o n t o Main Street and that the developer choose to make the drive
p rivate in order t o forego the requirement of curb , g u t ter and widt h. It
was noted that the owners of the l ots adj acent to the private d rive wou ld
be respons i b l e for maintenance.
May or Swa i m r e lated that the Oak Ridge Ran ch Subdivision off Maddox Road
has a similar cir cums t ance rega r ding a priv ate entra nce dr i ve . He n o t ed
that the Subdivision started as a County subdivi sion , adding tha t curb
a n d gutter is planned f or the streets ins ide the Subdivis i on .
GENERAL : a . DISCUSSION: Staffi ng for seasonal hir e
Alderman Fl etche r related concerns as pointed o u t to him from a
Jacksonville r esident rega r ding the City 's right -of-way mowing
respo nsi bi lities , especia l ly in the Loop Road area and its ditches . He
voiced his c oncern for the app earance of Jacksonvil l e and asked that a
so l ution be sought even if it requires further co sts.
Mayor Swaim acknowledged the difficulty under current staffing regarding
the City 's a bi lity to maintain right-of-way mowing, saying that t he City
has not been ab l e to maintain mow i ng crews. He i nvited Pub lic Works
Directo r J i mm y Oakley to address staffing issues.
Public Wo rks Directo r Oakl ey stated tha t three seas onal hires were
budgeted to brush hog , b ut that it has b een diffi cult t o find qualified
employe es . He re l ated t hat two e mployees have b ee n hired and they are
hopi ng to hire a thi rd soon . He related t hat cur r ent crews mow five days
a week, sayi ng that i t takes approxi matel y two weeks to mow the entire
City . He then p o inted o ut that Loop Road i s a wet and f ast growing area .
3
OC'OO:J5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6 , 2002
7:00 P.M . - 8 :29 P .M.
Alderman Fletcher suggested that rather than l ooking at hourly labor, the
City could divide areas of responsibility, possibly by wards, and mowing
could be contracted . He stressed the City 's need to l ead by example .
Discussion ensued regarding factors involved with staffing and
maintaining seasonal positions . It was noted that while seasonal hires
make $8.00 an hour, most applicants are looking for f u ll-time employment .
Alderman Fletcher suggested that a trial area be contracted.
Public Works Director Oakley stated that he could prepare a cos t analysis
for bid.
Mayor Swaim related that because of the limited staff, yard mowing has
been contracted but stated that costs ranging from $75 .00 to $125 .00 make
it imposs i ble for the City to afford a contract for the rights -of-w ay .
He explained the difficulty in trying to get competitive b i ds and
monitoring the contracts. He then acknow l edged the difficulty in upkeep
regarding mowing needs and the wet season. He said that it is hard to
attract employees when they can make the same hourly wage working in an
ai r-conditioned McDonalds.
Publ ic Works Director Oakley stated that the F oxwood Drainage area was a
newly opened dra inage that has n ot been bulldozed, but will be shortly .
Alderman Ray sympathized with the City's staff ing problem, saying that as
an employee of a large company who hires college students in the summer,
they have experienced difficulty with not only keeping a mowing crew but
also maintaining the equipment. He related that summer h i res are
extremely hard on the equipment, which raise equipme n t maintenance costs.
He went on to say that he felt t he City is doing a good j ob regarding t he
mowing, and that he has noticed many areas outside the Cit y that are
grown up . He turned to safety issues, saying that part of the problem is
that t he City cannot put someone on a tractor without experience .
Mayor Swaim related that solut ions were discussed among the appropriate
department h eads and pointed out that the majority of cities in the State
do not clean ditches off the rights-of-way. He stated that while this is
the property owner's responsibility, the City of J ac ksonvil le is one of
the few cities that clean ditches. He stated that i t becomes time
consuming, but that he fe els it is incumbent on the City to do this
because Jacksonville is an area where drainage is critical . He stated
that even a six -inch build up could cre ate a water backup . He re lated
tha t while some property owners would maintain the di tches some may not .
He then expressed the importance of having qualified employees to o perate
l arge equ i pment , saying that applicants n eed to be screened closely . As
an option, he offered that the Ci ty could h i re additional full -time
street employees, explaining that the current employees are busy with
scheduled projects , adding that a trainee is no t permitted to ope rate the
large side mower. He noted that he could not remember a summer with a
full beautification crew and explained that there is more mowing than the
time can al low.
4
oooon6
CITY OF JACKSONV I LLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7 :00 P .M. -8:2 9 P.M.
Alderman Elliott suggested that a proposal regard ing the feasibility for
hiring additional full-time employees would be helpful .
Alderman Stroud stated that the City has come a long way, and that Code
Enforcement has done an admirable job. He suggested that as a group the
City Council view areas in Jacksonville to arrive at a solution for
c l eaning up areas that will require cooperat i on between the City and the
property owners . He related that some property may have to be condemned,
Citing the warehouse on Redmond Road as one example . He commended the
work performed in cleaning the ditch on Redmond Road.
Discussion ensued as to the average length of time required to locate an~
notify property owners regarding mowing, Public Works Director Oakley
stated that once bids are released it takes a pprox imate ly one week . I t
was noted that it takes much longer when there is difficulty i n locating
the property owner.
Alderman Twitty rel ated serious conditions on Madden Road across form the
High School that needs attention, saying that she believes Code
Enforcement is having a problem l ocating the owner .
Mayor Swai m related that he is aware of the owner, who has moved out of
town because of repeated request from the Ci t y to keep his persona l and
rental property cleaned.
Alderman Wilson commended efforts by the City to enforce property
maintenance, adding that the City is making progress and what the City
Council members can be helpful by observing and reporting violati ons to
the Code Enforcement staff .
Mayor Swaim related that in his experience as a speaker for various civic
clubs, he has come to learn that the property maintenance Ordinance is
not popular with all people . He related that while there are those who
strongly support he Ordinance , there are o t her t hat have very strongly
expressed to him that they feel the City is over-stepping its bounds. He
stated that there are some negative feelings towa rd the City Council and
the Administration for what the Ordinance is trying to accomp l ish .
Alderman Fletcher stated that attitude is at t he root of the problem,
explaining that residents who say their rights are being violated need to
understand that you cannot have rights without responsibi l ity . He stated
that freedom is not cheap, someone has to die for those rights. He
pointed out that if a carport is junked up and has rats, snakes and the
grass is overgrown it affects other property owners who have rights too .
He questioned if the Ci ty hires additional employees would addit iona l
equ i pment also be necessary .
Mayor Swaim stated that additional brush hogging equipment would not be
necessary even with additional personnel, but stressed the importance o::
hiring skilled personnel that can be worked year round . He added that
t he push mower work will be difficul t to staff, saying that the City ahs
a large amount of property to be push mowed without a full staff.
5
0000[)7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7:00 P .M. -8 :29 P .M.
Public Works Di rector Oakley stated that there are four full-time
employees in beautification , adding that six seasonal people were hired
this week. He related that the beautification crew is responsible for
all the lawn maintenance and small rights-of-way regarding the medians ,
intersections, library, Elderly Activity Cente r, City Hall and other
areas of that nature .
Alderman Smith stated that the f elt the Council would be receptive to a
proposal, adding that the Ci ty is doing a good job and that he is sure
some fas t growing areas such as Loop Road becomes a priority .
Mayor Swaim remi nded the
until t h e next regularly
f ull-time person. He
accommodate the request.
are a s of concern .
b . AMENDING CDBG BUDGET
Council of the time frame involved with waiting
scheduled Council meeting t o hire an addi tion al
related that the budge t wou l d be worked to
He encouraged citizens to report v i olat ions or
CDBG Director Theresa Watson stated that her office received a request
from the Jackson ville Sen ior Center to install automatic doors on thei r
north, south and east ent rances , adding that in order to fund the project
the 2000 CDBG budge t would need to be amended. She explained t h a t the r e
is approximately $5,923.20 left over from the Galloway park project,
which could be amended to add the left over funds to the 2002 Public
Improvement Fund . She estimated that the project would be approximately
$35 ,000.
Alderman Fletcher moved , seconded by Alderman Smith to approve to amend
the 2000 CDBG Budget in the amount of $5,923.20 to be added to the 2002
Public Improvement Fund . MOTION CARRIED .
Mayor Swaim stated that the project would be sent to bid .
c. ORDINANCE 1180 (#10-02)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS
UNINHABITED LOCATIONS LISTED BELOW JACKSONVILLE, ARKANSAS , FOR STRUCTURAL
DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING AN
EMERGENCY ; AND, FOR OTHER PURPOSES .
Ci t y Engineer Whisker presented a Powe r Point presentation regarding
proposed condemnat i ons for the fo l lowing addresses : 103 Cross Street, 400
Elm Str eet , 212 E . Main Street , 212 Pine Street , 1002 South Redmond Road,
1 07 Rooseve l t Circle , and 100 0 0 S. Hwy 161.
City Engineer Whisker reviewed the degree of dilapidation of each of the
properties . He related tha t 400 Elm Street was burned in a f i re two
years ago , adding that the insurance company would not pay for the
structure to be demolished. He stated that he has given the insurance
compa n y approxima t e l y nine months to demolish the house and a shed on the
rear of the property but nothi ng has occurred.
6
ooocns
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7 :00 P .M . -8:29 P.M.
In response to a question from Alderman Wilson , City Engineer Whisker
related that the owner, Mr. Tommy Griffin has been contracted and that
the had placed a dumpster on the property three months ago, but there has
been no further efforts made .
City Engineer Whisker related that Mr . La rry Smith the owner of 107
Roosevelt Circle contacted him just prior to the meeting . He explained
that the former City Engineer had demolished the house directly across
the street, which was also owned by Mr . Smith . He sated that he had
received numerous letters from Mr . Smith that did not include a requested
schedule of repairs . He related that he then sent Mr. Smith a blank
schedule for him to complete regarding dates , which was never returned.
He then stated that after being unable to obtain any dates from Mr. Smith
regarding a schedule of repairs he lost communication.
He stated that 10000 S. Hwy 161 is one of the first proposed
condemnations, adding that the property owner e n ded up i n Bankruptcy
Court and the roof collapsed in the interim .
He stated that the structure at 1002 South Redmond Road burned at l east
four or five years ago, adding that the owner had planned to make repairs
but missed several deadlines to complete t he work . He related that Mr .
Monty Squire is in the audience and can addr ess the condemnat i on . It was
noted that t he property is in the process of being sold to Mr . Squire anc.
is currently owned by Mr. Billy Hall.
He stated that the property owner of 212 East Main Street had given him
deadlines but never met them. He stated that the property owner is ir..
the process of demolishing the property himself.
He re l ated that the owner of 212 Pine Street are having problems meet ing
the deadlines , but added that they have built a new front porch a n d
decking. He stated that the house is almost 75 % completed but had not:
been able to be finished.
City Attorney Bamburg stated that all property owners rece ived nume r ou~;
notices from the Code Enforcement and City Engineer and that all property
owners were not ified o f t onight 's meeting. He related that 10000 S. Hwy
161 is still involved in a bankruptcy that has been pending s ince 1 998,
adding that he has attempted on several occasions to remove the property
from the bankruptcy . He related that along with filing for bankruptcy
the parties have now filed for divorce, relating t hat cooperation ended
at that point . He then related that he h as spoken with the bankru ptcy
trustee charged with the case and informed him of the property 's
condition. He added that based on that information and the condemnation
from the Council , the Bankruptcy Court is willing to surrender the
property to allow for demo l ition.
Mayor Swaim recogni zed Mr. Larry Sm ith owner of 1 07 Roosevelt Circle to
address the Council .
7
000009
CITY OF J ACKSONVILLE
REGULAR CI TY COUNCIL MEETING
JUNE 6 , 2002
7 :00 P .M. - 8 :29 P .M.
Mr. Smith stated that before addressing the issue of his property, he
would like to offer information regarding himself and what has
transpired. He stated that he moved to Jacksonville in 1980 and bought a
house on Roosevelt Circle across the street from 107 Roosevelt Circle.
He related that he rented the house for two years before purchasing it,
adding that he made an attempt with Tony Ply to obtain finances to rehab
the house. He stated that he was never given any information, adding
that it was the same every time he t r ied. He related that he has been in
the hospital, but wanted to let the Council know what transpired. He
stated that it is easy to just look at the properties, but that there are
lives behind each one. He added that each property needs to be judged on
its own merit or he feels the Council is making a great mistake. He
related that he began fixing 106 Roosevelt out of his own pocket , adding
t hat over a five-year period he as never able to get Tony Ply to
cooperate with him . He stated that Mr. Ply did not give him information
regarding how to qualify for CDBG funds. He sated that he spent
$4,300.00 of his money, adding that many improvements were made but the
house was demolished just as he had contacted a bank to assist. He
stat ed that he had informed the City Inspector of his situation, but the
house was demolished anyway. He related that he took the case to court
and won, but never received any money because peop l e lied in court. He
related that in talking about work, he has a family and that his chi ldren
never missed a day of school and got straight A's, adding that h e has one
in col lege that graduated high school with honors . He related that he
ha s never asked anyone fo r a nything, saying that they have always worked
and then went to Mr. Ply and was treated the way he was. He related that
h e then went to Senator Prior's Office t rying to get help , saying that
the City was notified and that the result was that before they could get
help the house was demolished . He said now it comes to 107 Roosevelt,
saying that he had expla i ned his situation to City Engineer Whisker . He
related tha t Mr. Wh i s ker had made the statement that he lost
communication with him, adding that he has copies of letters sent to City
Engineer Whisker. He pointed out that he is a man of his word, adding
that he wants everyone to be hone s t and truthful with him. He stated that
repairs were being made to 107 Roosevelt Circle, saying that the ceiling
has been braced so that the exterior walls can be replaced . He rel ated
that right now his family is suf f er ing financially because they have
never recovered from 106 Roosevelt even after winning in court . He
related that he should be financing his son's college education , but is
unable to because of insensitive people no t looking at his situation. He
added that it is easy for the City to look at the house , but that the
Council members n eed to call the people themselves because the Inspectors
were not honest and forthcoming. He related that the Council was never
aware that he had written letters , adding that he communicated with Mr .
Cox , but never heard from Mr . Reel until 1996, after the house was
demolished in 1994 . He related that Mr . Reel went into court and stated
h e had spoken to Mr. Smith . He stated that the record will prove itself,
adding that the it hurt his children to see the house that they had
worked on being demolished. He stated that he has never come to Counc il
that he did not hear the m acknowledge God to give them wisdom, but that
the same wisdom begins with the fea~ 0f the Lord. He stated that this is
the second time that anyone wi t h c~ .• Jemned properties has showed up for
8
000010
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6 , 2002
7 :00 P.M . -8:29 P.M.
the meeting. He stated that the property owners did not find out their
property had been condemned until after, which is why they won in court.
In response to a question posed by Alderman Stroud, Mr. Smith stated that
he purchased the house at 106 Roosevelt for his mother-in-law and her
husband. After some clarifications , Mr . Smith responded that he intended
to repair and live in the home at ·10 7 Roosevelt.
Alderman Stroud asked if he had applied recently for CDBG funds.
Mr. Smith stated that he cannot deal with that anymore, because his is
not going to go through the City of Jacksonville. He stated that he went
through Mr. Wilson's bank and was denied.
Alderman Stroud related that CDBG has funds available for rehab i f the
owner is going to live in the h ome.
Mr. Smith stated that he has the material to repair the home, but is
unable to do that work right now .
Alderman Stroud pointed out that Mr . Smith would not h a ve to perf orm the
work himself, saying that funds up to $25,000 is available for homeowners
to repair a home they are going to live in .
Mayor Swaim cl arified that HUD will not allow rehab of a house if the
condition of the house is more than what HUD covers for rehabilitation .
Mr . Smith said that the rule would not apply in either case , saying that
he had checked with HUD before.
Discussion ensued between Mayor Swaim and Mr . Sm ith who repeatedly
interjected that he had never spoken to the Mayor regarding his
condemnati on because the Mayor had never appeared in court.
Mayor Swaim explained that he did not go to court, but h ad spoken to Mr.
Sm ith over the telephone , as well as the Off i ces of Mr. Ray Thornton and
Mr . Prior.
In response to a question from Mayor Swaim, Mr . Smith stated that he
lives in Menifee.
It was noted that Mr. Ply has not been the CDBG Director for eight years .
Mr. Sm ith became argumentative regarqing his position .
Mayor Swaim asked that City Attorney Bamburg address the i ssue of th(:
court case .
City Attorney Bamburg stated that Mr. Smith received proper notification
regarding the condemnation of 106 Roosevelt Circle.
Mr. Smi t h i nterrupted that he was only sent one notice.
9
CITY OF JACKSONVILLpco Q 1 1
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7 :00 P .M. - 8 :29 P.M .
City Attorney Bamburg reminded Mr. Smith that he as kind enough not to
interrupt him and that his is asking for the same courtesy .
Mr . Smith continued , and City Attorney Bamburg interjected that his
recollection of the events is markedly different from Mr. Smith's.
Mayor Swaim asked Mr . Smith to please let the City Attorney speak , adding
that he would offer Mr. Smith an opportunity to rebut .
City Attorney Bamburg stated that in relation to the previous lawsuit,
the property was condemned in the process fo l lowed by the City . He
related that both the Code Enforcement and Engineer ing Departments
addressed the condemnation . He re lated that the property remained on the
condemnation list for a l engthy period, because Mr. Smith had stated that
he was attempting to make repairs . He added that the repairs were never
completed and the Engineering Department contracted for the structure to
be torn down . He stated that during the time Mr. Smith was working on
the propert y he contacted Tony P l y at CDBG and they looked into the
viabi l ity of providing Mr. Smith wi th funds to make the necessary
repairs . He stated that it was discovered that the necessary repairs were
far in excess of the $25,000 cap, adding that Mr . Smith d i d not have the
funds to match the additional repairs t hat were needed i n order for the
property to qualify for HOD funding . He stated that during the lawsuit
t he City a t tempted to assist Mr . Smith and his wife in addressing t h e
repairs needed at 107 Roosevelt and again did not qualify because the
cost of repairs exceeded the value of t he home .
Mr . Smith stated that what City Attorney Bamburg had stated was not true
and asked him to produce papers to suppor t his statements.
City Attorney Bamburg resumed saying that all parties have been notified
under normal process. He related that after the property at 1 06
Roosevelt was demolished, Mr . Smith and hi s wife filed suit against the
City for wrongful condemnation. He then related that when it was taken
before the court and tried, the court indicated that there were no
damages to the parties because the property was not in habitable
condition. He stated that at the time the property was condemned Mr.
Smith and his family were living in Menifee .
Mayor Swaim recognized Mr. Smi t h to speak.
Mr. Smith stated that he knows thi s will not go any further , because Mr .
Bamburg is not being honest. He stated that if we cannot fear God then
something is wrong. He stated that Mr. Bamburg was aware that h e had not
made any attempt with Mr. Ply or anyone else to apply for funds t o repair
the property at 107 Roosevelt. He stated that City Attorney Bamburg made
statements that the Judge allowed them to win and would not give us
damages because the house had no valu e , but it was based on the
info rmation that was given in court. He stated that if City Attorney
Bamburg is not going to be truthful , then he unders tands and knows how to
deal with the situation . He addressed the members of the Council saying
that before h e was injured he was working on the house. He stated that
10
oooo ·12
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETI NG
JUNE 6, 2002
7:00 P .M. - 8 :29 P .M.
he did not know if City Engineer Whisker noted the r e pairs. He stated
that he has photos to prove that not everything City Attorney Bamburg
said i s true. He again stated that now that he has this knowledge he
knows h ow to dea l with the situation.
Ma yor Swa im asked if t he court case was won, why there was no judgment .
Mr. Smith stated t hat there is s u c h a thing a s t he Constitution and n o
individual can be deprived of that witho ut due process of law. He
related that all t he properties that were condemned by the City Council
f ollow ed by a notice the next day, which was in violation of thE·
Constitution. He adde d that is the bas i s for their wi n in court or else
t he Judge would not have rul e d that way. Mr . Smith a rgued that the Judge
r uled in hi s fa vo r .
Alderman Wilson requested t ha t 1 07 Roosevelt be addressed rather t han
discussion of the demolition o f 1 06 Roosevelt . He acknowledged that Mr .
Smith has be e n injured and is recove ring , but asked h i m if the re could be
a nyway that he would be a ble to complete the necessary repairs to 107
Roosevelt .
Mr . Smith stated that he would as he had indicated in his letters.
I t was c lar ified by Mayor Swaim , that the request f or repairs to 107
Roosevelt h ad been ongoing for a few years.
Mr . Sm ith stated that the reason he did not add r ess 107 Roosevelt was
becau se he was d ealing with the issue of 106 Roosevelt up unti l 1999 . He
stated that it went to court in 1999.
City Engineer Whisker o ffere d that the firs t letter sent to Mr. Smith
requiri ng needed repairs for 107 Roosevelt was on September 25 , 200 1 . He
re l ated that Mr . Smith answered that letter , i n forming that h e had to go
to the d octor . He went on to say that h e responded to Mr. Smith 's l ette r
a nd reminded him that his Off i ce had not received a schedule of repairs.
He r eques t ed that Mr. Smith prov i de a schedule of repairs by January
20 0 2, however Mr. Smi th was granted addition al time . He stated that
another letter was sen t to Mr. Smit h on January 2 8, 2002, stating that he
was i n receipt of Mr . Smi th 's letter of January 7 , 2002, aga in as king Mr .
Smith for a schedu le of repairs by February 18 , 2002 and that he provided
Mr . Smith with a blank sch edu le for him t o fill out. He re l ated t h at he
t hen received a letter from Mr . Smith s t a ting that work had begun on t he
hou se and t hat he was putting t he City on n ot i ce that i n the first week
in No vember he had been rus h ed from his job to the h eart h ospita l, but
then stated t h a t if the Lord wills the repai r s shoul d be f i nished b y the
e nd of December 2002 . He stated that he i n formed Mr . Smith again he
would still need a sch edule o f repairs , adding that none h as been
fo rthcoming .
Mr. Smith s tated t h at if a schedule of repairs means that h e would have
t o provide a definite date , he cannot do that b ecause of his inj ury . He
stated that he had sent a letter Thursday or Friday of last week .
11
000013
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7 :00 P .M. - 8 :2 9 P .M.
City Engineer Whisker related that he has not received the letter .
Alderman Fletcher offered that if a
submitted , the Council could remove
condemned list.
schedule of
Mr. Smith's
repairs
property
could be
for the
Mr. Smith stated that he cannot give City Engineer Whisker a schedule.
Alderman Fletcher related that part of the Council 's responsible is also
to the neighbors who are affected by the condemned property . He reminded
Mr. Smith that since he does not live in the City he does not have to
view th e property daily as the case of residents living in the
neighborhood. He stated that neighbors come to the City as a matter of
recourse and that if the City cannot get the owners to repair their
property then the Council is left with no o ther options. He stated that
because o f Mr. Smith 's hardship he would be willing to offer him an
extension , but added t hat there needs to be an agreed final deadline . He
asked Mr. Smith to make an honest effort to show that he wants to rehab
the house .
Mr. Smith stated that if he could give a definite date he would . He then
added that if the Council stated a deadline by the end of the year he
could do it by then , but presently he is not able to go to his regular
job. He went on to expla in that he had two discussion removed from his
neck, saying that he has no control over that.
Discussion ensued regarding Mr. Smith 's physical abi l ity to repair the
house if an extension were granted .
Mayor Swaim reminded the Council that the house h as been in request of
repairs for years .
Mr . Smith stated that he will l eave i t alone, thanked the Council fo r
their consideration and took his seat in the audience.
Alderman Stroud stated that Mr. Smith is not living in the City , but does
own property in Jacksonville. He added that Mr. Smith has a physical
condition and cannot determine when repairs can be made to the house, but
i s willing to let it remain an eye sore to his neighbors . He related
that although he feels sympathy for Mr . Smith's condition, he does not
think Mr. Smith feels any sympat h y for the City of Jackso nvil le because
107 Roosevelt has been in a neglected state for years.
Mayor Swaim recog nized anyone wishing to address t h e Council .
Mr. Monty Squ ires of Audubon Cove Apartment D in Sherwood addressed the
Council regarding the property addressed as 1002 South Redmond Road. He
stated that he purchased the building that burned in 2000 from Mr. Billy
Hall late last year . He related that he h as a building permit that he
understands is good for one year. He went on to say that he ha s spoken
with the City Engineer in an effort to work things out. He explained
that he bought a house, had it moved , and began remodeling. He stated
12
000{l14
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7:00 P .M. -8:29 P.M .
that h e h as just fi nished. He related that the house h ad become top
prior ity so he was u nable to spend a l ot o f t i me on t h e Redmond Road
property. He pointed o ut that he has made some progress, but admitted
that the property does need to be cleaned up. He fu rthe r explained his
di ff icu l ty with being able to obtain labors to c l ean t he property, b ut
s ta ted that he has put new insulation in the bui lding and has put the
wall back up , adding that the walls will be painted , v i nyl siding will be
added to the front of the building and a new roof added . He stated that
r ight n ow he is just con centrating on half the building and that the
other half is torn down except for a beam that needs to be removed .
Mayo r Swaim po inted out that the Ordina n ce h as a thirty-day period , and.
that if anyone who Hi gh School a condemned p r operty can ma k e significant.
progre s s wi thin the next thirty days that property can be reviewed.
Discussion ensued regarding what Mr. Squi res believed he could accompli sh
in thirty days .
City Engineer Whisker re l ated that the work per f ormed h appened in t hE!
last couple of weeks .
Mr. Squ ires re l ated that the building wi ll have two overhead doors on thE!
front and there will be a glass o pening so there is not much metal hat
wi l l have to go on t he front .
Alderman Ray asked for a time t able.
Mr. Squ i res agreed that the could h ave it done i n t he next t hirty days.
He added hat he is not sure he could get the electrical done, but wil l
have the s ite cleaned u p.
It was clarified that he has an agreement with Mr . Hall to purchase the
b ui lding and that the agreement is current. Mr. Squires related that Mr .
Hal l has deferred the payments u ntil the building is completed.
In r esponse to a question posed by Al derman Stroud , Mr. Squires related
that he would use the building for a body repair business.
Alderman Stroud asked if the property would be kept up and Mr . Squi res
assured h im that the property would be maintained.
Ma yor Swaim re lated that City Attorney Bamburg advises that Mr. Smith and
Mr . Squires could be granted thirty days to ma ke significant progress .
He stated that he is reluctant t o grant thirty days and t h e re be money
spent and then in thirty days without s ignificant progress the structures
would h ave to be torn down anyway . He asked the Council t o conside r if
they wanted t o grant an extension of time as opposed to con demni ng ,
adding that there has to be deadlines . He re l ated that some of the
property has been in request for years .
1 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7:00 P .M. - 8 :29 P .M.
Discussion ensued regarding the poor shape of Mr. Squires ' other location
and he was asked what assurances the Council would have that he would not
allow the Redmond Road property to fall into the same state.
Mr. Squires assured Council that his location will not l ook like the
other, saying it will have a wooden privacy fence . He related that he
does not own the other place and hat most of t he scattered junk does not
belong to him. He noted that he leases only a portion of the property .
I n response to a question posed by Alderman Fletcher , Mr. Squires stated
that he understands the conditions under the t h irty-day period, adding
that he wou ld have already had the building finished if his priority had
not been the completion of his house. He stated that in thirty days he
can make it look like a building.
Alderman Smith concluded that he believes Mr. Smith is saying that he is
not abl e t o work on his property and that he is not sure there can be any
significant work being able to be performed in thirty days.
Discussion e n sued regarding significant improvements to the properties
and Mr. Squires stated that he would be willing to return to Council to
update them on the p rogress .
Mayor Swaim stated that the City Engineer will monitor these situati ons.
He then stated that he would be willing to let either or both properties
be given an extens i on of time, but added that there High Schoo l to be
some deadlines. He exp l ained tha t if the property is condemned then it
will have to come back before the Counci l before it can be removed from
the condemnation l ist .
Discussion ensued regarding the Council meeting of July 4th and the next
regularly scheduled Counci l meeting of Jul y 1 8 t h for a progress review at
which time the Council can decide to proceed with the condemnation or
remove the property from the list .
City Attorney Bamburg stated that the Ordinance needs to go into effect
because of the 10000 S. Hwy 161 property and the attempt s to have it
released by the bankruptcy court.
Alderman Wilson moved , seconded by Alderman Ray that Ordinance 1180 be
placed on FIRST READING with the understanding that upon passage July 18th
the Council will make a decis i on on 107 Roosevelt and 1 002 Redmon d Road
to stop condemnation or proceed. ROLL CALL: Alderman Elliott, Smith ,
Sansing, Ray , Wilson, Fletche r, Stroud, Twitty and Howard vot ed AYE . (0)
voted NAY . MOTION CARRIED . Whereupon City Attorney Bamburg read the
t itle of the Ordinance and the property addresses as being 103 Cross
Street owned by Richard Eade, 400 Elm Street owned by Tommy Griff i n , 212
E . Main Street owned by Main Street Bible Church, 212 Pine Street owned
by James M. and Shelbe J . Green, 1002 South Redmond Road owned by William
Edward and Pamela Hall with purchase agreement from Mr. Monty Squires ,
107 Roosevelt Circle owned by Larry L . and Shirley A. Smith , 10000 S. Hwy
161 owned by Bi l ly r . and Frances K. Hubanks.
14
00001 6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7:00 P.M. -8:29 P.M .
Al derman Stroud moved, seconded by Alderman Wilson that Ordinance 1180 be
accepted on FIRST READING. ROLL CALL : Alderman Elliott, Smith, Sansin g ,
Ray , Wils o n, Fletcher , Stroud, Twit ty , and Howard voted AYE. (0) voted
NAY. MOTION CARRIED .
Alderman Smith moved , seconded by Alderman Ray to suspend the rule s and
p l ace Ordinance 1180 on SECOND READING. ROLL CALL: Alderman Ell i ott ,
Smith, Sansing, Al derman Ray , Wilson, Fle tcher , Stroud, Twitty, and
Howa rd vot ed AYE . (0) voted NAY . MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Sansing to further s uspend
the ru l es and place Ordinan ce 1180 on THIRD AND FINAL READING. ROLL
CALL: Alderma n Elliott , Smith, Sansing, Alderman Ray , Wil son , Fletcher,
Stroud , Tw i tty, and Howard voted AYE . (0) voted NAY . MOTION CARRIED.
Alderman Smith moved , se conded by Alderman Stroud that Ordinan ce 11 80 be
APPROVED AND ADOPTED. ROLL CALL : Alderman El liott, Smith , Sansing ,
Alderman Ray, Wilson , Fletcher, Stroud , Twitty, and Howard vot ed AYE .
(0) voted NAY. MOTION CARRIED .
Alderman Wilson moved, secon ded b y Al derman Stroud that the EMERGENCY
CLAUSE be APPROVED AND ADOPTED . ROLL CALL: Alderman Ell io t t , Smith ,
Sans i ng, Alderman Ray , Wilson , Fletcher , Stroud, Twitty, and How ard voted -
AYE . {0 ) voted NAY . MOTION CARRIED.
ORDINANCE 1180 AND EMERGENCY CLAUSE APPROVED AND ADOPTED THIS 6 TH DAY Or"
JUNE, 2002.
He related that all property ow ners have an amp le amount of t ime to shov1
significant progress, saying that City Engineer Whisker would brin ~J
photographs back on July 18th to review progress .
APPOINTMENTS :
ANNOUNCEMENT : It was the consensus to cancel the regularly scheduled
meeting of July 4, 20 02.
Mayor Swa i m n oted the success of the Air Show , express ing appreciation to
the Police Department for thei r efforts in helping wi th t h e event . He
related the t ragedy o f Patrolman White who was killed in a mishap . He
stated t hat he is p leases with the way the Police handled the traff i c f or
the funera l.
He noted that the e l ectronic s ign out side City Hall has been installe d
and is operat i o nal .
In response to a questi on posed by Alderman Ray, May or Swa im related tha t
Entergy worked on the lighting for the flagpoles. He then related that
through coop eration with Entergy they have established a faster p ro cess
re ga rdi ng streetlight repairs.
15
00001 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 6, 2002
7 :00 P.M . -8:29 P .M.
Mayor Swaim announced that the Jacksonville Munic ipa l Codebook updates
are available in the City Clerk's Offi ce .
Alderman Wilson suggested the possibi l ity of working with organi zations
within the City regarding a ceremony next Memoria l Day at the Monument .
He suggested that either a Thursday or Friday might be more success f ul
than tradi tiona lly o n a Monday when people are not generally in town. He
stated that he believes the community wou l d participate in the ceremony
if planned properly .
Mayor Swaim agreed , saying that one of the
Memorial Day Ceremony has been difficu l t is
committed to other events on Memorial Day .
ADJOURNMENT:
r easons planning for a
because many people are
Mayor Swaim without objection adjourned the meeting at approximately 8:29
p .m.
Respectfully,
~~ . MAYORTOMMiLSWAIM '-
1 6
000018 City Council Of Jacksonville , Arkansas
AGENDA
Regular City Council Meeting
JUNE 20, 2002 7:00P.M .
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVAL AND/OR
CORRECTION OF MINUTES :
5. CONSENT AGENDA:
(Fire Department)
6 .WATER DEPARTMENT:
?.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 Counci l Meeting
June 6, 2002
Regular City Council Meeting
May 16 , 2002
Regular Monthly Report/May
Fire Chief Vanderhoof
REQUEST TO ACCEPT BID:
Street Striping
REQUEST TO ACCEPT BID:
HVACR for the An imal Shelter
HOSPITAL BOARD :
Appointment of Mr. Mike Wilson
for a term to expire 6/30/2007
City Hall will be closed and the
City Council Meeting is cancelled
Thursday July 4 , 2002 in observance
of Independe nce Day.
--
OCG019
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 20, 2002
7 :00 P.M. -7:08 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkans a s met in Regular
Session on June 20, 2002 at the regular mee ting place of the Council.
Alderman Fletcher delivered the invocation and Mayor Swaim led a standing
audience in the "Pl edge of Al legiance" to the f l ag.
ROLL CALL: Aldermen: Elliott , Smith, Lewis, Sansing, Ray, Wilson, Fletcher,
Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL
declaring a quorum . PRESENT nine (9), ABSENT (1). Alderman Tw itty was out
of town.
Others present for the meeting were : City Attorney Robert E . Bambu rg,
Deputy Clerk Teresa Carter , Human Resource Director Charlie Brown,
Direc t or o f Administrat ion Murice Green , City Engineer Jay Whisker ,
Public Works Direct or Jimmy Oakley , Police Chief Ruthven, Battalion Chief
Ron Peek , Finance Director Paul Mushrush , Purchasing Agent C .J . Brown ,
Parks and Recreation Director George Biggs, Mrs . Judy Swaim, Mrs . Helen
Stroud , Mr s. Lendy Lewis , Mrs. Addie Gibson, Mr . Larry Smith, i nterested
c i t i zens and members of the p ress .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
June 6, 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 16 May 2002 be APPROVED . MOTION CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Ray to approve the Regular
Monthl.y Report for May from the Jacksonvill.e Fire Department, which
reflects a fire loss of $22,500.00, and a Savings Total of $105,000 .00
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid for Street Striping
Mayor Swaim presented the str eet striping bid and stated that funds would
come from budgeted funds for the Street Department .
In response to a question posed by Alderman Wilson, City Engineer Whisker
r elated that b id prices would apply as l i sted .
Mayor Swa i m noted that the lowest b i d came from Contractors Specialty.
1
ooo o~:..o
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 20, 2002
7:00 P .M. -7:08 P.M .
In response to a question posed by Alderman Sansing, City Engineer
Whisker relat ed that Contractors Specialty had performed the str eet
stripping job the previous year and had performed satisfactorily .
Alderman Elliott moved , seconded by Alderman Lewis to accept the low bid
for Street Striping from Contractors Specialty in the amount of
$11,715.18 with funds to be drawn from Street Department funds . MOTION
CARRIED.
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: Request to Accept Bid for HVACR at the Animal Shelter
Mayor Swaim questioned if the bid was found sati sfactory regarding the
inclus i on of sales tax, and Director of Publ ic Works Jimmy Oakley
responded that the sa l es tax was inc l uded and that he i s recommending thE!
low bid.
Alderman Wilson moved , seconded by Alderman Stroud accept the low bid fo1:
the HVACR at the Animal Shelter from Jacksonville Heat & Air in thE!
amount of $17,393 .39 with funds to be drawn from the Capital Improvemen 1~
Budget set aside for the Animal Shelter. MOTION CARRIED.
APPOINTMENTS :
Mayor Swaim stated that the Hospital Board is recommending the
app ointment of Mr. Mike Wilson to se rve on the Hospital Board.
Alderman Smith moved, seconded by Alderman Howard to approve th4:!
appointment of Mr. Mike Wilson to serve on the Hospital Board for a tenn
to expire 6/30/2007 . MOTION CARRIED with Alderman Wilson abstaining .
ANNOUNCEMENT:
Mayor Swaim announced that City Ha ll will be closed on July 4, 2002 and
the City Council of July 4, 2002 is cancelled . He noted that a special
mee ting could be called if necessary.
Mayor Swaim related that the Arkansas Municipal League Annual Convention
is being hosted in Little Rock , adding that Council Members, Department
Heads , and himself have been in attendance. He related that activi ties
wil l continue through the week and that good information has come from
the meetings . He pointed out that Police Chief Ruthven , Human Resource
Director Charlie Brown and Finance Director Paul Mushrush has been on the
programs-He stated that the programs have been very informative
regarding legislative material. He noted however , that finances for the
State and consequently the municipalities are projected to worsen.
Alderman Howard c o mplimented Human Resource Director Charlie Brown 's
program.
The Counc i l gladly acknowledged that Alderman Lewis was in attendance.
2
000021
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 20 , 2002
7 :00 P.M . -7 :08 P .M.
Alderman Lew is state d that i t was good to b e back and that he f eels good,
add ing tha t he is still taking chemotherapy. He r el a ted that at th i s
time the doctors a re giving him a plus and t hat he i s looking fo rward t o
posit i ve n e ws. He thanked eve r yo n e f or their prayers.
It was noted that sidewalk construction f rom Tricky Lane to Sch ool Drive
wo uld begin by the first of the month .
Mayor Swaim n oted a letter f rom Judge Villines Office regardi ng election
con cern s . He noted t h at the Judge is aware of the problems and i s
working to correct them.
It wa s noted that t he stree t paving h as been c ompleted and that the
striping will fol l ow.
I n response to a question from the Council, Mayor Swaim stated that
change orders involving removal of some trees and s tre e ts cuts were
received regarding the o v e r p ass , but added that there has been n o major
delays .
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately
7 :08 p.m .
Respectfully ,
Clerk-7 surer
3
00002 2 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Engineering Department)
(Fire Department)
(Police Department)
6. WATER DEPARTMENT:
July 18, 2002 7:00P.M .
Regular City Council Meeting
June 20, 2002
Regular City Council Meeting
June 6, 2002
Regular Monthly Report/June
Public Works Director Jim Oakley
Regular Monthly Report/June
City Engineer Jay Whisker
Regular Monthly Report/June
Fire Chief Vanderhoof
Regular Monthly Report/May & June
Police Chief Ruthven
7. WASTEWATER DEPARTMENT :
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a.
b.
a.
b.
c.
d.
e .
f.
Request to Accept Bid:
Ambulance Transfer Service
Request to Accept Bid :
Multi-Channel DVD/Ram Rewritable CD
Request for Matching Grant Funds
for LLEBG
Oak Ridge Ranch Subdivision
Condemnation Review
Presentation of Revised Safety Manuel
Presentation of Comprehensive Annual
Financial Report /2001 Audit (Mayor Swaim)
RESOLUTION 563 (#8-02)
Request to Guarantee Soil & Water loan
for Wastewater
Request to Accept bid: Re-roof Nixon Library
Request to Accept bid: Re-roof building at
200 Dupree
000\}.~3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7 :00 P.M . - 8 :25 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci t y Council of the City of Jacksonvi l le, Ar kansas met in Regular
Session on July 18, 2002 at the regular meeting place of the Council .
Alderman Smith de l ivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen : Elliott, Smith, Lew i s, Sansing , Ray, Fletcher, Stroud,
Twitty , and Howard answered roll ca l l. Mayor Swaim also answered ROLL CALL
declaring a quorum. PRESENT nine (9), ABSENT (1).
Others present for the meeting were: City Attorney Robert E . Bamburg,
Deputy Clerk Teresa Carter , Human Resource Director Charlie Brown,
Director of Administration Murice Green , City En gineer Jay Whisker,
Pub l ic Works Director Jimmy Oak l ey , Police Ch i ef Ru thven , Plannin g
Commission Chairman Art Brannen, Finance Director Paul Mushrush,
Accoun tant Cheryl Erkel, Niki Wilmouth, CDBG Director Theresa Watson,
Purchasing Agent C.J. Brown, Parks and Recreation Director George Biggs ,
Chamber of Commerce Director Bonita Rownd , Mr. Mac McAlister , Mr. Gerald
Clark , Mr . Ben Rice , Mrs. Helen Stroud, Mrs. Le n dy Lewis, Mrs . Addie
Gibson, Mr. Larry Sm i th, interested citizens and members of t he press.
PRESENTATION OF MINUTES:
Mayor Swaim presented t he minutes of t he Regular City Council Meeting of
June 20, 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 6 June 2002 be APPROVED. MOTION CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alde rman Elliott moved, s e conded by Alderman Lewis to approve the Regular
Monthly Report for the month of June 2002. Said Report reflects:
REVENUES :
CONTRIBUTIONS :
ADOPTION/FINES:
REGULAR MONTHLY REPORT/ENGINEERING
49 .50
0 .00
318.00
Alderman Elliott moved, seconded by Alderman Lewis that the Regular
Monthly Report for the month of June 2002
PERMITS/LICENSE ISSUED
Bui lding Permits
Business License
15
18
1
INSPECTIONS PERFORMED
Building Inspect i ons
HVACR
E l ec t rical
P l umbing
4 2
25
45
41
0 000~4
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
177
25
49
Cost for June $1,120 .00
CONDEMNATIONS
S tructural Maint. Letters 7
Structural Repairs Made 1
Demolitions 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7:00 P.M. -8:25 P .M .
VEHICLES
Notice of Noncompliance
Vehicles Towed
21
2
Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for June from the Jacksonville Fire Department, which
reflects a fire loss of $51,400.00, and a Savings Total of $872,400.00.
REGULAR MONTHLY REPOR T/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for May and June 2002 from the Jacksonville Police
Department be APPROVED.
May report reflects; Total Value or Reported Stolen Property $46 ,2 29 .00,
Total Value of Recovered Stolen Property $52 ,938 .00, and Total Report
Sales $304.00 .
June report reflects; Total Value or Reported Stolen Property $61,831.00,
Total Value of Recovered Stolen Property $23 ,418 .0 0, and Total Report
Sales $306.00.
Alderman Stroud complimented the Police Repo r t , pointing out that it
offer s the City Counci l an analysis.
In response to a question posed by Alderman S t roud, Chief Ruthven related
that the comparison data covers 2000 and 2001. He stated that he does
not have a good feel for what caused the increases in aggravated assault
or the large increase in motor vehicle thefts. He related that he senses
that part of the reason ties back into the present economy. He related
that even though aggravated assault had increased 4 %, violent crime
decreased compared to national avera ges, adding that he feels motor
vehicle t hef t and other categories will show a positive t r end for 200 2
wi t h the e xception of burglary . He then answered that crime areas are
be i ng manually pinned on a map, but will be changed to an aut o mat e d
system with new software that will generate maps showing crime trends.
2
000025
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7:00 P .M. - 8 :2 5 P.M.
He then answered that the lower income resi d e ntial a r eas have a hi ghe r
crime rate, adding that the bus iness sector does not show a trend.
He then e xplained that t he chart being p r es ented offers statistics
regarding 2001 versus 2000 in c a tegor i e s of nationwide, the southern
states, ci t ies nationwide with a p opul a tio n o f 25 ,000 t o 40,0 00, and
Jackson vil l e. He stated that the r epo r t offers a percentage change
between those years and not ed t h at summer months are more preval ent for
juvenile crime.
ROLL CALL : Alderman Elliott, Smith,
Stroud, Twitty, and Howard voted AYE .
MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
Lewis, Sansing , Ray ,
Motion received (9) AYE.
Fletcher,
(0) NAY.
FIRE DEPARTMENT : Request to Accept Bid Ambulance Transfer Service
Mayor Swaim r elated that the City operates an ALS Ambulan ce Serv i ce
through the Fire De p artment and has over the years contracted a b ackup
ambul a n ce service t o r un tra n sfer calls . He r elated that this
specifically allows the Ci ty to keep its ambulance resources available at
all times for the citizens of Jacksonvil le . He related that t h e two
companies to bid, Arkansas Eme r gency Transport and MEMS are both good
r e liable comp a nie s . He said t h at a committee was formed to make a
re commendation to the Co unc i l .
Mr. Roger Ha us sme n of Arkansas Emergency Transport addressed the Council ,
saying that Arkansas Emergency Transport has been in J acksonville for
several years and have e nj oyed the serv i ce and camarade ri e o f working
with the City and is looking fo rward to continued service in the f uture.
He related that all billings are generated from the Jacksonville office ,
add i ng that he is a resident of Jacksonvil l e and enjoys working in the
Communi ty. He stated that he feels Arkansas Emergency Transport has
per f ormed an effective job and would like to continue long into the
future . He then noted that Arkansas Emergenc y Tra n sport has donated
$370 ,000 in write-offs to the local economy since 1997 , addi ng that the
busines s enjoys being an active member of the Chamber of Commerce. He
stated that t hey provide a paramedic level of service as stipulated and
wou ld li ke to cont i nue doing so .
Mayor Swaim pointed out that the contract/bid is not contingent on a
specific dol l ar amount, but is derived from a service standp o int.
Mr . John Swanson , MEMS Executive Director stated that MEMS is a public
utility owned by the Ci ty of Little Rock , but is operated as a non-profit
that i s separate financ ia l ly, and management wise from the City. He
related that MEMS se r vices North Litt le Rock , and the unincorporated
areas of Pul aski County. He stated that they are responsible for
approximately 400 ,000 citizen s in Central Arkansas . He related that they
3
000026
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7 :00 P.M. -8 :25 P .M.
surround the area of Jacksonville, adding that he is also a resident of
Jacksonville. He related that as a non-profit organization MEMS has a l so
been in the position to write-off over 4 million dollars last year . He
said that the three points he would like to make about MEMS i s that first
they own 28 units and have 160 personne l, adding that they have the
ability to provide whatever level of backup support required in
Jacksonville shoul d there be a major catastrophe . Secondly he mentioned
the nature of management at MEMS, saying that as a public utility the
City of Jacksonville would be affo rded a position on the Board of
Directors, so that the forward di rection for MEMS is in the hands of the
communities served. Thirdly, is the response time and the criteria,
adding that it i s their practice to station the emergency unit in the
city . He related that the downtown fleet handles transfers involving
nursing home patients to the hospitals, so as not to interfere with the
availability of 911 support . He stated tha t should there be a need for
additional units locally that could be made ava ilable given the drive
time from downtown .
Chief Vanderhoof related that both are outstanding ambulance services,
adding that the committee formed of Dr . Nolan t he EMS director, Mr. Bob
Thornton the EMS coordinator and himself have listened to each companies
presentation. He stated that given that the City has had a contract with
Arkansas Emergency Transport for the last eight years and have
experienced good service it is recommended that the City continue the
contract with Arkansas Emergency Transport at this time.
In response to a questions posed by Alderman Fletcher, Chief Vanderhoof
responded that emergency ambulance runs averaged approximately 2000 last
year . He then answered that the Fire Department has two s taffed
ambulances , and one back up ambu l ance wi th Arkansas Emergency Transport.
Mr. Swanson then responded that Arkansas Em ergency Transport has in
Jacksonville two staffed 24-hour units with other units available if
needed. He also related t hat there are 17 ambulances at the lot, addin9
that some of the services have been downsized by not renewing certain
contracts. He pointed out that there are t rained personnel to staff the
units and in the past Arkansas Emergency Transport has responded in
excess of fif teen vehicles to a major disaster.
Discussion ensued regarding the City ambulance membership and i ts decline
in membership over the past few years. He related that currentl y there
are 200 members . It wa s noted that both companies agreed to honor the
memberships.
Alderman Ray moved, seconded by Alderman Howard to accept Arkansa:;
Emergency Transport as the non-emergency transport ambulance ser vice fo:c
the City of Jacksonville. MOTION CARRIED .
POLICE DEPARTMENT : a.
Rewritable CD
Request to Accept Bid Mu lti-Channel DVD/Ram
4
0COOZ7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7 :00 P .M. - 8 :25 P .M.
Chief Ruthven asked that the item be delayed until the next regularly
schedu l ed City Council Meeting, giving him an opportunity to be tter
address the item. He related that the Mu l ti-Channel DVD/Ram Rewritable
CD is the recording device for incoming calls to the Po li ce Department .
He explained that he was unaware the item was scheduled f or the agenda .
Alderman Fletcher moved , seconded by Alderman Stroud to table the request
to accept bid until the next regularly scheduled City Council meeting.
MOTION CARRIED .
b. Request for Matching Grant Funds for Local Law Enforcement Block
Grant Program
Mayor Swaim related that the support data includes a list of mostly
equipment items b e i ng proposed for purchase, adding that the City has
been awarded a g rant of $37,312 .00 and that the request for ma t ching
funds is $3,731.00. He s tated that some of the items were sche duled for
the 2003 budget, adding that funds could be drawn from the Equipme n t
fund.
Alderman Stroud moved, seconded by Alderman Ray to approve the
expenditure of $3,731.00 in matching funds for the $37,312 .00 LLEBG
grant. MOTION CARRIED.
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION : Oak Ridge Ranch Subdivision
Mayor Swaim related that the Planning Commission had r e quested that the
i tem n ot be forwarded t o the Counc il until all subdivi s ion c riteri a is
me t. He stated that Ch a i rman Brannen had specifical ly requested t h at
subdivisions be complet ed before being con sidered for final a pproval. He
relat e d that City Eng inee r Whisker and t he developer had b een a ddres s ing
issues to h ave the subdi v i sio n completed prior to be i ng presented .
City Enginee r Whisker related that developer was unable to have
electrical s ervice to t he sewer pump station be caus e the two electric
companie s that wi ll se rvice the subdivi sion were unsure whi ch would be
the service company f o r the pump station. He r elated that after that
issue wa s settled i t would s t ill t ake a few weeks to get p owe r before t he
Wastewater Dep artment co uld approve it . He re late d that when the
developer went t o the Planning Commission , i t was expl ained to Mr . Sm i th
that it was the Planning Commission wishes to have u t ilit i es o n l ine f or
final plat presenta t i on . He related tha t following the Planning
Commission meeting the developer met wi th the Sewer Comm i ssion for t he ir
approval and to hi s understandi n g the Sewe r Commi ss ion adopted a
d iff erent recommenda tion for approval. He stated that t he developer did
not obtain the ir approval, but he bel ieves the Sewer Commissio n ha s
changed t h e process so that bui l ding permits can be issued .
5
0000~8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P .M. - 8 :2 5 P .M.
Alderman Fletcher acknowledged that given the time it takes to comp lete
r esidential construction, a building permit could be issued and utility
concerns settled before i ssuing a l etter of occupan cy .
City Engineer Whisker related that if a building permit is issued it
would be stamped "no utilities available ," adding t h at the final plat
would h ave to be accepted through the City Council. He related that
Little Rock uses the system of "no utilities ava i lable" for building
permits with appr oval from their City Council to p r event building permi t
delay .
Mayor Swaim noted a situation that had caused past conce rns regarding a
subdivi sion that had a house completed before sewe r was avai lable. He
added that whi l e t hi s c i rcumstan ce is not that same , t h e Wastewater
Department wants t o ensure that if the f inal p lat i s approved by the City
Counci l then it would be c lea r to builders that u t i l ities are not yet
available.
Wastewater Department Man ager , Thea Hughes related tha t t he Sewer
Comm iss ion adopted a policy, should t h e Ci ty Counci l and Planning
Commission agree , that in the future to expedite the selling of l ots and
a ssist t h e builder an d deve l ope r City Engineer Wh isker would stamp the
plat "no util i t i es availabl e" a n d t h en have builders coul d sig n an
affidavit stati ng that they understand the utilities are not completed .
She stated that when t h e util i ties are comp l eted , t he Wastewater
Department wou ld send a letter to the City Engineer and h e can note the
compl etion date on the plat. She related that it would b e known upfront.
that sewer connection would not be available until later. She stated
t h at this policy would cover Wastewater Department r egarding the
avai lability of sewer.
Mayor Swaim r elate d that if the City Co unc il approves the fina l plat, it:
would then be stamped "utili ties not available" before builders could
purchase building permits. He s t ated that he would not recommend this as
a standard pol i cy , but o nl y wh en on an infrequent basis where
circumstanc es arise for a legitimate s ituation .
Alderman Stroud r e mar k ed that a fina l plat means a fi nal plat, whi ch
indicates that a ll issues have been addressed. He stated that acce pt i nq
f inal plats be f ore they are comp l eted establ i shes a precedent that could
eventually l ead t o become the no rm. He r elated t hat if approved i1:
should only be a p proved as an exception .
Al derman Smi th agreed that th is would b e consi dered an exception t o t h e
norma l practi ce .
Alderman Smith moved, seconded by Alderman Stroud to approve the Final
Plat of Oak Ridge Ranch Subdivision stamped "without utilities ."
Alde rman Ray expr essed concern t hat t h e s u bdivi sion only has one access ,
and Ci ty Engine er Whisker re lated that as the subdivision is fu rther
developed, Pridmore Lane to the north wou l d connect to Cypr ess Drive .
6
CITY OF JACKSONVILLE
0CDGZ9
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7:00 P.M. -8 :25 P.M .
Mr. Jerry Smith related that ut ilities a r e availab le and all utilities
are 100% built, adding tha t the only r eason the Sewer Commission cannot
accept it is because the sewer pump station does not have power . He
stated that he does not want to file a final plat stamped that the
utilities are not there.
Mayor Swaim r e lated that t h e Wastewater Department has made it clear that
t hey would not approve sewer for a building permi t without the p l at being
stamped regarding the utilities .
Mr. Smith stated that it was his understanding a t the Sewer Commission
meeting that if a b ui ldi ng permit was issued , it wo u ld be stamped
"uti li ties not available" not the fi n al plat . He po inted out that
el e ctricity would be ava i lable to the pump station in a few weeks .
Mayor Swaim clarifi ed the options, saying that even if the Counc i l
a pproves the final plat, the Wastewater Department wi l l want the p l at
stamped o r t he item could be postponed until the sewer pump station is
operat i onal .
Mr. Sm i th agreed to postpone final p l at approval.
Mayor Swaim offered that a re-file of the p l at after utili ties are
available would change the status of a plat filed saying "u t ilities not
availab l e ."
Mr. Wi l l Bond stated that Mr. Sm ith does n ot want to have a plat on file
th a t indicates uti li ties are not available . He stated that it might
create problems in the future even if a corrected p l at is re -f iled . He
stated that he be lieves the situation stems from the fact that the Sewer
Commission would not accept his bond. He stated Mr . Smith 's desire to
move forward, mentioning the invest ment Mr. Smith has in the subdivision.
He r e lated that the development wil l be a nice subd ivi sion and addition
to the City of J acksonville .
Mayor Swaim agreed , saying that unl ess h e has mi sunderstood t h e Sewer
Commiss i on is not wil l ing to approve the sewer without the plat being
stamped .
In response to a question from Alde rman Smith , Ma yor Swa i m related that
the Engineering Department cannot issue a building permit until t he sewer
or water h ave been approved by those De partments.
Alderman Smith withdrew his motion .
Mr. Bond explained t hat Mr . Smith was under the impression that the Sewer
Commission requested t h at the building permits be stamped "no utilities
available" not the plat, adding that he wa s n ot able to attend that
me eting.
City Attorney Bamburg confirmed t h at the Sewer Commission intended the
plat to be stamp ed and a n affidavit signed by the builders .
7
000030
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P.M. -8 :25 P.M .
Alderman Ray withdrew his second to the motion .
Al derman F l etcher asked what the feeling of the Sewer Commission was
regarding the posting of a bond and stamping the building permit, but not
the final plat .
Mrs . Hughes stated that the Sewer Commission was not in favor of
accepting a bond because in the event that problems arise it would leave
them with having to deal with a third party to find a solution .
It was the consensus of the City Council to place the i tem on the next
regula rly scheduled City Council meeting with consent from the developer.
GENERAL : a. CONDEMNATION REVIEW
Mayor Swaim related that the condemnation review deals with two
properties that the Council voted to grant a 30-day extension to allow
the owners additional time to present significant repairs and avoid
further condemnation process .
City Engineer Whisker presented photos of the properties proposed for
condemnation, pointing out that the photos were taken on separate
occasions since t h e last City Council meeting.
The City Council viewed a power point presentation beginning with the
property located at 107 Roosevelt Circ l e owned by Mr. Larry Smith .
City Engineer Whisker reviewed necessary repairs and the progress made by
Mr . Smith . He related that t he p h otos were taken on July 3, 17 , and 1E
2002 . He concluded with comparison photos of wh en the stru cture was
condemned and a photo taken on the day of the City Council meeting to
demonstrate the progress of repairs.
Alderman Fletcher stated concerns for the structura l soundness underneath
the surface being viewed by the City Council.
City Engineer Whisker related that Mr. Smith began on the rear of the
house , and pointed out that part of the p l ate under the roof has been
replaced where the roof had caved .
In response to a q u est ion posed by Alderman Smith , City Engineer Whisker
related that Mr . Smith seems to be non-committal regarding a time frame
for repa i rs .
Alderman Stroud stated that 107 Roosevelt Circle s h ou l d not be on the
agenda, reminding the Council that the pro perty was previously condemned
in 1996. He related that the Council is considering re -condemning a
property that is a l ready condemned . He stated t hat it is his opinion
that Mr. Smith wi ll patch the house for rent and that it wou l d still be
structural l y unsound, adding that he believes it should be demo l ished .
Alderman Stroud moved, seconded by Alderman Smith to proceed with thl:!
condemnation of the proper ty at 107 Roosevelt Ci rcle .
8
CC0031
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7:00 P.M. -8:25 P.M .
Mr. Larry Smith addressed the Co u ncil, saying that Alderman Stroud has
exemp l ified exactly wha t the problems are in Jacksonville. He related
that as a ca r pente r Alde r man Fletcher knows you cannot repair a roof
wi thout doing the walls first. He stated that t h e wal l s are done . He
stated that t he inspecto r has seen the n ew wo od unde rneath and that
Alderman Stroud is speculating that the old wood is being cover ed up. He
related that he is n ot a landlord and does not h ave money like that.
Mr . Smith s ta t ed that if he is going to be allowed to fix the property,
as before he h ad e xp l aine d to the Co uncil that he h ad neck s u rgery . He
stated that Alderman Flet cher was sympathetic and was go ing to allow him
time to h e al and to g et the property back into City Code . He continued
that it would not have been a p rob lem, saying that he had s t arted on the
house long before he got the first letter f rom City Engin eer Whisker. He
related that he had expl ained that to the Council before , adding that
Al derman Stroud just exemplif i ed the problem . He s tated that Council
does not communicate with the people and that he has money in the
property, but the Coun ci l feels they have the authori t y to tear it down .
He stated that as l ong as he is working on the p rop erty the r e s hould not
be any question as t o whethe r he i s going to finish . He said that he is
not one of those individu als walking aroun d wi th a pocket full of money
and that he is not pour i ng money into this property for it t o be torn
down . He stated that he has poured money into the property so he can
l i ve there . He related that he has t o drive 50 miles to work because one
house was already torn down. He added that what h e does not understand
is why Alderman Stroud , who does not know anyt h ing about the property,
would specu late and pol l ute minds as to nothing being done to the house
regarding new wood being installed on t he h ouse . He stated that City
E ngineer Whiske r was at the house today and saw what was be i ng done . He
s t ated that h e is not supposed to be working, but to go along wi t h
Council 's wis h he worked everyday .
Alderman Stroud as k ed Mr . Smith when his neck injury occurred , and Mr .
Smith stated that it happened in November 2001 and he had surgery in
January 2002 .
Al de r man Stroud n oted that the property has been on con demnatio n since
1996 . He then quest ione d Mr . Smith as to what efforts he made d ur ing the
years of 1996 throu gh 2001 , saying it has been f i ve years and Mr. Smith
said he was n ot given enough time.
Mr . Smith related that rega r ding the preceding property he was having to
f i ght the City because he was pouring money into t h at hou se trying to get
it done . He said that he does not know how muc h money he had spent and
then unbeknown to him the City to re it down. He said that the City says
that is being fair and acting out of good fa i th. He stated t h at is what
he was doing all those years, trying to recoup what his family lost . He
stated that house was his fami l y 's inheritance . He stated that to
Council it may have been a n eye sore , but to his family wh o had poured
money into it , it was a financial lost that they have not recove red from .
9
000032
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
.nJLY 18 , 2002
7 :00 P .M. -8:25 P.M.
Mr . Smith then disagreed with Alderman Stroud, saying that he feels he is
being fair to his neighbors.
Alderman Stroud acknowledged a difference of opinion and stated that his
motion stands.
Discussion ensued regarding a lien by the City and ownershi p of the prior
property that was condemned .
Mr. Smith disagreed, saying that there is no lien against that property,
addin g that the house was torn down and everything is the way it was left
and that he still owns the property.
Alderman Fletcher asked why Mr . Smith had not sold the former property to
f i nance repairs for the current property.
Mr. Smith stated that at the last meeting he attended, he had explained
that all the purchase of materials had been done . He cont inued saying
that he has the materials, adding that it was just that he was not
phys i cal l y able to do the work . He related that he s tarted t he work i n
September and the first week of November he suffered an injury at work,
which is why he had to have neck surgery . He related that he had
explained this to Council, saying that he could not control the time it
would take to recover.
Alderman Fletcher asked Mr. Smith if he is any closer to making a
comm i tment of when the repairs could be finished, adding that at the last
meeting Mr. Smith would not commit to any time frame and that City
Eng i neer Whisker has made the comment that Mr. Smith has been non-
committal . He stated that it is not a matter to be left in limbo,
pointing out that it has already been five years .
Mr. Smith responded, "progressive work has been done on it."
Alderman Fletcher stated that putting o ne 2X 4 up a week could be:
construed as progressive work .
Mr . Smith responded, "wel l that is what you are saying that it is, but
that is not what it is ."
Alderman Fletcher asked again if Mr . Smith coul d provide a time frame.
Mr . Smith responded "I been over there constantly working on it ."
Alderman Fletcher stated, "all I am asking is just a time frame of wh en
you expect at the rate you are going, or anticipate to go, to have i t
finished ."
Mr . Smith stated "just like I told him in the l etter, when the
n eurosurgeon told me that I am not to be lifting, I cant judge that,
there is noth ing that I can do . I have had to go back i nto the hospita l
twice since January, which is nothing that I have control over. That is
1 0
000033
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P .M. - 8 :25 P .M.
something that once they find with the MRI, I have to go back in . What I
do not understand is, if I am making progress on the house why is there a
necessity to rush to tear down a h ouse that work is being done on. I
don 't understand that and as i n the property t hat you just were asking
the ques tion, had we been allowed to get the financing the house would
have been finished. We were working on the financing when the house was
to rn down ."
In response to a question f rom Alderman Sansing , Mr. Smith stated that it
is his intention to l ive in the house when he f i nishes .
Mayor Swaim pointed out the prev i ous house is not an issue for this
conversat i on , remindi ng the Council and Mr . Smith that the house was not
habitable at the t ime it was condemned and demolished.
At this time MOTION CARRIED, with Alderman Lewis voting NAY.
City Engineer Whisker continued the presentation with photos of 10 02
Redmond Road . He noted that t he photos were also taken at d i fferent
times offering Council an opportunity to view t h e progress on site . He
stated that when he visited the property on Tuesday July 16t h he viewed
progress , showing a picture of the wa lls bei ng f ramed . He showed the
Council photos of the progress from the rear of the building and the
material on site that would be used to finish the framing. He noted that
materi al burned in the fire has been removed for replacement . He
presented photos of the property taken July 17 t h, sayi ng that the p r operty
has experienced significant work i n the last week. He stated that the
roof has n ot been completed , but the shell is almost complete and pointed
out that , the debris has bee n collected by the rear of the building. The
Counc i l viewed c omparison progr ess photos since the l ast Counci l meeting
and Ci ty Engineer Whisker r elated that the person who was worki ng on the
bui l d ing is no longer in charg e of the building. He re lated that the
owner who was holding the note is now doing the reconstruction as of one
week ago . He added that the owner sent h im a letter, which h e has
provided a copy to Council .
Owner , Mr. Bi lly Hall addressed the Counci l , saying that he is ashamed of
the building's a ppearance; he acknowledged that the Council has been very
patient. He related that he had sold the property , but got it back last
Wednesday . He stated that there has not been mu ch time to get anything
accomplished . He r equested a month extension , stating that he can have
the property ready for sale , adding that if h e were unable to sell the
property he would do further repairs and rent the property .
In response to a question from Alderman Sansing , Mr. Billy Hall stated
that he was hoping for an extensi on of one month, saying that he is
depending on a contractor to do the work . He noted that it has been
difficult to find a contract o r on short notice . He sta ted that he has
made progress and hopes to continue . He related that i n thirty days he
would have all debr i s c leaned up. He said that he had cont acted
Bin swanger Glass , but was told that it would be a week before they could
schedule the job .
11
000034
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P .M. - 8 :25 P.M .
Alderman Smith mo v ed , seconded by Alderman Howard to extend the
evaluation period 30 days for the property located at 1002 Redmond Road
with progress review to be brought back to the Council . MOTION CARRIED .
City Engineer Whisker presented photos of 212 Main Street , saying that
the structure has been unchanged for some time . He explaine d that the
owner had begun taking down the structure but s ince that t i me, nothing
further has been accomplished.
He went on to show photos of 1000 0 South Hwy 16 1, relating t hat this
property has been an on-going problem. He pointed out that the r o o f has
caved in and that the prope rty ended up in bankruptcy court . He noted
that the wa l ls have bowed and the ent i re property is over grown .
Next the Council viewed before and after photos of what City Engineer
Whisker deemed a success story at 212 East Pine Street . He stated that
the property had a lot of rotted wood and the owners took care of a ll the
wood and t hen painted , adding that it is now structurally sound.
City Attorney Bamburg related that he had forwarded the condemnation
ordinance regarding the property at 10000 South Hwy 161 to the bankruptcy
trustee who submitted a re qu est to the court for the property to be
removed from the bankruptcy . He related that since that time the court
has not only removed the property , but the bankruptcy has been c los ed .
He stated that the property has no other ties or ob l igations and the
condemnation can proceed.
He then clarified given the condemnation review a nd the ordinance passe d
June 6th, action n eeded by the Council to address properties to be removea
from the condemnation listing and further intentions for 10 00 South Hwy.
161.
Alderman Stroud moved , seconded by Alderman Howard to move forward wi th
the condemnation of 10000 South Hwy . 161 and 212 East Main Street and tc•
remove 212 East Pine Street from the condemnation list. MOTION CARRIED .
City Attorney Bamburg noted that other property addressed in t h e
condemnation ordinance would not require fur ther action .
b. Presentation of Revised Safety Manual
Mayor Swa i m asked that the Counci l to take the inf ormation and s u mmary
and be prepared to address the item at the next regularly scheduled City
Council meeting .
c. Presentation of Comprehensive Annual Financial Report/2001 Audit
Ma yo r Swa im recognized Mr. Mac McAlister from the auditing firm of
McAl i s t er and Associates .
Mr . McAlister stated that they are pleased t o present the City with t he
2001 Comprehens i ve Annual Financial Report for the Ci t y o f J acksonville ,.
12
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P.M . - 8 :25 P .M.
saying t hat this marks the 5 th year for the City to publ i sh a
Comprehensive Annual Financial Report. He reviewed the more significant
items, saying that total revenues for 2001 were 15 .9 million, a decrease
of approximately 8.1% from 2000 revenues. He s tated that revenues from
the Pulaski County On e-cent Sales Tax was 5.1 mi ll ion and the City Sales
Tax was slightly over 4 .5 million , adding that together these constitute
approximately 61% of total revenues . He related that State Tax Turnbacks
and Ut ili ty Franchise Fees contributed 14 % and 6% respectively and that
the operat ing and capital expenditures in 2001 was 14.5 million, up from
13.5 million in 2000 . He pointed out that personnel cost is the City 's
la rgest expense at approximately 9.5 million or 65% of the total . He
stated that Police and Fire Depart ment expend i tures were 33% and 25%
respective ly regarding total General Fund expenditures. He related t h at
revenues exceeded expenditures in the City 's operating and capi tal
project funds by approximately 1.5 mi l lion. He pointed out that the to t al
fund balance at the end of the 2001 was 1 2.9 mil l i on , of which
approximately 10 .7 million is design ated fo r contingencies , future
projects or the 2002 budget, adding that the fund balance of the General
Fund as of December 31 , 2001 was approximately 1 . 4 million, which
represents approximate l y 49 days of current operating expenditures .
He stated that the report expresses an unqual i f i ed opinion regarding the
genera l purpose financial statement of t he City . He pointed out that
there were n o reportable condit ions on int ern al control or material
instances of non-compliance with the laws and regulations r elatin g to the
audit . He added that there were n o audit f i ndings or questioned costs
relative to the Federal Grant Award Program for the City in 2001 . He
stated that there is a management letter issued with t h e 2001 report,
reporting on the prior year and the current year audit findings of
immaterial nature . Overall for the year 2001 was another exceptionally
good and successful year for the City . He emphasized that good budgetary
controls contributed to the effecti ve containment of costs, saying t hat
the City continues to fu lfill its financial responsibilities in a
conservative , pay as you go manner that makes the most of t h e resources
ava i lable . He stated that his firm has long recognized the City's
admi nistration for i t 's leadership i n all aspects of financia l management
and continue to do so i n this report.
He sta t ed that the City 's Comprehe nsive Report has been submitted to the
Government Finance Officer Association of the United States and Canada
f or consideration of a four th certi ficate of ach ievement for excellence
in financial reporting. He related that currently on l y seven cities in
Arkansas are recipients of the award and he believes the Jacksonville
2001 CAFR meets al l the requireme nt s of the certificate of achievement
program . He related that special recogn iti on should go to the City 's
Fi nance Department for a job wel l done and for publishing a quality
annua l financial report . He e xpres sed hi s appreci ation to the Council
for the o pportunity to once again serve as City auditor , saying that he
i s proud to be a c i tizen of Jacksonvil l e , with a City Council that does a
commendable job in the use of resources availab l e . He related that his
firm values their business relat ionship with the City and looks forward
to serving in the future.
1 3
000036
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P .M. - 8 :25 P.M .
Mayor Swaim and the City Council thanked Mr . McAlister and Mr. Ge r ald
Clark for their work on the 2001 audit .
Alderman Stroud moved, seconded by Alderman Lewis to accept the 2001
Audit as presented . MOTION CARRIED .
d. RESOLUTION 563 (#8-02)
A RESOLUTION SUPPORTING PARTICIPATION OF THE CITY OF JACKSONVILLE , BY AND
THROUGH THE JACKSONVILLE WASTEWATER UTILITY, IN THE VALENTINE/WOOTEN ROAD
SEWER PROJECT ; AUTHORIZING A DEFERRED LOAN AGREEMENT WITH THE ARKANSAS
SOIL AND WATER CONSERVATION COMMISSION ; AND, FOR OTHER PURPOSES .
Mayor Swaim related that Resolution 563 address a water i mprovement
district in the Valentine/Wooten Road area. He explained that there was
a need to complete the project with a loan to be guaranteed for $51,500
and the Wastewater Department work has been working on the project since
they would be accepting the lines when finished . He stated that the
Res o l ution will guarantee the loan through the City and the Wastewater
Department will collect those funds to pay it back to the City . He
related that Mrs. Hughes and Mr. Ri ce are available for question.
Alderman Ray moved, seconded by Alderman Elliott to Read Resolution 563
(#8-02). MOTION CARRIED . Whereupon City Attorney Bamburg r ead the
Resolution.
Alderman Smith moved , seconded by Alderman Ray to Approve Resolution 563
(#8-02). MOTION CARRIED .
e. Request to Accept Bid Re-roof Nixon Library
Mayor Swaim stated that estimates for replacing the roo f ing with a
pitched roof wer e above $80,000, addi ng that bids for re-roofi ng were
speculated and three bids were received . He related that two of the bids
were rejected and that Looper Roofing was an acceptable bid as far as
meeting bid criteria. He pointed out that the Ci ty has some expe rience
with Looper Roofing, say i ng that they re-roofed the Po l ice Depa r tment
recently and that the work was satisfactory .
In response to a question f rom Alderman Fletcher , City Engineer Whisker
related that the roofing system is the same system used at the Police
Department , which was a rubber sheet liner.
Mayor Swaim stated that a portion of the funds are set-aside in the
Library Fund and the balance would come from the Capita l Improvement:
Fund .
Alderman Ray moved , seconded by Alderman Howard t o accept the bid from
Looper Roofing in the amount of $34,600 .
I t was no t ed that t he Library roof has not had roof repairs for
approximately 12 years.
14
0(?:0 0 37
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :0 0 P .M. - 8 :25 P.M .
Mayor Swaim related that t he roof was the type of roof that had a
po l yurethane foam on it, saying that when repair work was done regarding
the two condensing units that are l ocated on the roo f with workmen waking
around the int egrity of the roofing degenerated to the point that it has
t o be replaced.
Chief Ruthven pointed out that it would probably have the same type of
guarantee as the Police Department roof of 15 years and that the Company
guar antees everything from t op to the floor of the building and anything
in between.
At this time, MOTION CARRIED .
f. Request to Accept Bid Re-roof building at 200 Dupree Drive
Mayor Swaim stated that the bid is to re-roof the Chamber of Commerce
bu ilding , explaining that the building is owned by the City and is leased
to the Chambe r o f Comme r ce.
Alderman Stroud moved, seconded by Alderman Howard to accept the low bid
from Looper Roofing in the amount of $13,000 with funds to be drawn from
the Capital Improvement Fund. MOTION CARRIED .
APPOINTMENTS :
ANNOUNCEMENT :
Mayor Swaim announced that the Annual Fall Conference for the National
League of Ci ties is in December and Council members wanting to attend
should con tact Bertha Tipton as soon as possible f o r reservat i ons .
Mayor Swaim then announced that Justice of the Peace Dennis Sobba has
reques t ed t hat Council members contact him regarding comments concerning
the proposal to have a sal es tax on the ballot for certain improvements
in the County to supp ort the jail, the transportation system , the Capital
Improvement for infrastructure and edu cat i on. He related that the vote
to place the sales tax on the November ballot would be taken soon.
In response to a question from Alderman Lew is, Mayor Swaim related that
the proposal would not affect t he City 's One-cent Sa le s Tax, and
expla ining t hat Jacksonville would receive ~ of 1 % of the infrastructure
po rtion for City Parks and Recreation. He added that i f the jail portion
passed i t would al l ow the City of Jacksonville to stop payment of i ts
$100 ,00 0 a year for jail space and Jacksonvi l le would be able to recover
the $19,500 that we now pay for the bus that comes to J acksonville .
Mayor Swaim then related that Judge Gr ay wou ld be hearing argume n ts
regarding making the tax r e troactive or perspective. He stated that if
she decides to make the tax retroactive , the City of J a cksonv ille wo u ld
owe approximately 1 .7 million dollars and would lose revenue s o f $420 ,000
annua l ly . He stated that the case would be appealed.
15
000038
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18, 2002
7 :00 P .M. - 8 :25 P .M.
City Attorney Bamburg clarified t hat the latest f igure s show that the
City of Jacksonville would o we 1 . 9 mill ion in total collections. He
s tated that the average monthly income somewhere b etween $35,000 to
$40 ,0 00 . He stated that i f J udge Gray orders that cities have t o escrow
those funds , the City Council will have to address how to handle the
shortage. He stated that t he oral arguments will be Tuesday a fterno on at
3:00 p.m . to address thes e issu es and because i t has a similar effect on
a ll the municipalities and the Pul as ki County gove rnment, t he attorneys
fo r the respective ent ities have sel ected two a ttorneys to address the
argument for everyone. He asked that anyone wi th input on the issues le t
him know . He stated that she has indicated t h at she will is sue a final
ruling on the matter a t conclusion of the hearing. He stated t hat when
that ruling is put into writing and entered by the court , then there will
be 30 days from that dat e in wh ich to file a notice of appeal. He
strongly re c ommended at the next Ci ty Council mee tin g that Counc il vote
to allow him to participate in an appeal that will be joined by all other
municipalities.
Mayor Swaim then r elated that the remova l of tax from food products has
enough petitioners, alth ough i t h as not been certi fied t o be on the
November ba l lot . He related that if it were to pass the City of
Jacks onvil l e wo u l d stand to lose betwe en 1 .5 and 2 .0 mil l ion annuall y ,
depending on what t h ey determin e is f oo d products. He stated that
eve ryone needs to be aware that t h ere is an opp o r tuni t y for a l arge
income d ecrease in the next budget.
Chief Ruthven noted the media coverage regarding t h e appointment of
Officer Les Hockaday to a pos i t i on of Corpora l within t he Police
Department , adding t hat on the 26~ the Police Department wi ll appoint
t hre e more officers to t h e position of Corpo r a l. He i nvite d ever yone to
attend. He then no ted that this is an a p pointme n t wi t h out an increase in
sa l ary , so it wil l not i mpact the b udge t .
DEVIATION IN AGENDA:
Mayor Swaim as k ed t hat the rules be suspended to address bids regarding
f unds previously approve d for mechanical doors at the Senior Cente r.
Alderman Fletcher move d, seconded by Alderman Smith to suspend the rules
and place bids for mechanical doors at the Jacksonville Senior Center on
the agenda . MOTION CARRIED .
CDBG Director Th eresa Watson o ffe r ed the Council photographs of t h e main
a nd side entrances at the center , saying that three bids were rece i ved.
She stated that h er recommendation would be f or the lowest bid from Mid--
South.
She related that t he photos offer an opportunity t o v i ew a flush and
sur face mount. She pointed out that the north and south e n trance would
have a f l u sh mount and t h e front e nt rance would have a surface mo u nt
because of the masonry work a nd the steel framing around the glass . Sh e
related t h is app r oach would cau se the l eas t amount of demolition work.
16
CC 0039
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 18 , 2002
7:00 P .M. -8 :25 P .M.
Alderman Fletcher moved, seconded by Howard to accept the Bid from
MidSouth ~n the amount of $32 ,259 . 00 budgeted CDBG funds . MOTION
CARRIED .
It was noted that the new Skating Park is being wel l attended .
Alderman Ray related t h at he had spoken with some of the parents over the
weekend a nd they had expr essed appreciation for the Park.
In response to a question posed by Mayor Swa im, Parks and Recreation
Director Biggs related t h a t bicycles are acceptable at t h e Skating Park .
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately
8 :25 p .m .
Respectfully ,
17
000040
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 1, 2002 7:00 P.M .
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REG DEPT:
13. PLANNING COMMISSION :
14. GENERAL: PUBLIC HEARING
Regular City Council Meeting
July 18, 2002
Regular City Council Meeting
June 20, 2002
Request to Accept Bid :
Multi-Channel DVD/Ram Rewritable CD
7:00P.M . a. ORDINANCE 1181 (#11-02)
Revenue Bonds Pathfinder
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
b . FINAL PLAT: Oak Ridge Ranch
Subdivis ion
c . ORDINANCE 1182 (#12-02)
Condemnation Ordinance
d . ORDINANCE 1183 (#13-02)
Southeast Annexation
e . RESOLUTION 564 (#9-02)
Safety Manual
000011
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01, 2002
7 :00 P .M. -7 :54 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 August 01, 2002 at the regular meeting place of the Council.
Alderman Stroud delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the f l ag.
ROLL CALL : Al dermen : El liott, Smith, Lewis, Sansing , Ray, Fletcher , Stroud,
Twitty, and Howard answered roll call . Mayor Swaim also answered ROLL CALL
decl aring a quorum. PRESENT nine (9), ABSENT (0).
Others present f or the meeting we r e: City Attorney Robert E. Bamburg ,
Deputy Cl erk Teresa Carter, Huma n Resource Director Charlie Brown,
Director of Administration Murice Green , City Engi n eer Jay Whisker,
Public Works Director Jimmy Oakley, Police Chief Ruthven, Planning
Commi s sion Chairman Art Brannen , Finance Director Paul Mushrush , CDBG
Director Theresa Watson , Purchasing Agent C.J. Brown, Parks and
Recreation Direct or George Biggs, Wastewa t er Manager Mayor Swaim. Mrs.
Hughes , Wastewater Chairman J oan Zumwalt, Mr. & Mrs. Tommy Bond , Mr. Pat
O'Brien, Mrs. Judy Swaim , Mrs . Helen Stroud, Mrs . Lendy Lewis, Mrs . Addie
Gibson, Mr . Larry Smith , interested citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Meeting o f
July 18 , 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 20 June 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPT : Reque st to Acc e pt Bid Multi-Channel DVD/Ram Re writable CD
Chief Ruthven related that after evaluating the bids h e i s r ecommending
the l ow bid from Voice Products. He stated that the initial bid from
Voice Products in the amount of $10,861.00 did not offer an uninte rrupted
power supply, but did offer i t as a $399 .00 option . He asked that the
Council approve the power supply option. He added that even with
inc l uding the o ption, the bid is still the l owest bid submitted.
Alderman Elliott moved , seconded by Alderman Sansing to accept the bid
from Voice Products in the amount of $11 ,2 60 .00 . MOTION CARRIED .
Mayor Swaim related t hat this item is a budgeted item.
1
0000 .. 12
SANITATION DEPARTMENT:
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL : Public Hearing 7 :00 P .M.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 0 1, 2002
7 :00 P.M. - 7 :54 P.M .
Mayor Swaim opened the public hearing a t approximately 7:02 p.m .,
explaining that the Ordi nance deals with refinancing a revenue bond for
the Pathfinder Organization. He related that the City had financed the
bonds some years ago, point i ng out that current low interest rates makes
it feasible to refinance and add t o the bond issue. He stated that there
is no obligation by the City regarding repayment or default .
With no one to speak in opposition, Mayor Swaim closed the public hearing
at approximately 7:05p .m.
ORDINANCE 1181 (#11-02)
AN ORDINANCE APPROVING ISSUANCE OF REVENUE BONDS BY THE CITY OF
JACKSONVILLE, ARKANSAS ' HEALTH CARE (DEVELOPMENTALLY DISABLED) FACILITIES
BOARD; PRESCRIBING OTHER MATTERS RELATING THERETO; AND, FOR OTHER
PURPOSES .
Alderman Stroud moved, seconded by Alderman Smith that Ordinance 1 181 be
placed on FIRST READING. ROLL CALL : Aldermen Elliott , Sm i th, Lewis,
Sansing, Ray , Fl etcher , Stroud, Twitty, and Howard voted AYE. Whereupon
City Attorney Bamburg r ead the Ordinance title .
Alderman Smith moved , seconded by Alderman Lewis t hat Ordinance 118 1 be
accepted on FIRST READING . ROLL CALL : Aldermen Elliott , Smith, Lewis ,
Sansing, Ray, Fletcher, Stroud , Twitty, and Howard voted AYE.
Alderman Sm i th moved , seconded by Alderman Lewis to suspen d the rules and
place Ordinance 1181 be placed on SECOND READING . ROLL CALL: Aldermen
Elliott, Smith, Lew is , Sansing, Ray, Fletcher, Stroud , Twitty, and Howard
voted AYE. Whereupon City Attorney Bamburg read the Ordi nance title.
Alderman Stroud moved, seconded by Alderman Lewis to further suspend the
rules and pla ce Ordinance 1181 on THIRD AND FINAL READING . ROLL CALL :
Aldermen El l iott , Smith , Lewis, Sansing , Ray, Fletcher , Stroud, Twitty,
and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance
title.
Alderman Howard moved, seconded by Alderman Sansing that Ordinance 118 1
be APPROVED AND ADOPTED. ROLL CALL: Al dermen Ell i ott , Smith , Lewis,
Sansing, Ray , Fletcher, Stroud, Twitty, and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1181 THIS 1 st DAY OF AUGUST 2002 .
Mayor Swaim complimented the Pathfinders Organiza tion, saying that he
wanted to recognize their efforts in the Jacksonville community and other
commun i ties. He noted the attractiveness of the new building as a
compliment to the work center constructed last yea r.
2
OC00 -13
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01, 2002
7 :00 P.M . - 7 :54 P .M.
In response to a suggestion from Alderman Elliott, Mrs . Joan Zumwalt
invited the City Council to tour the new facilities and attend the
dedication .
b . FINAL PLAT Oak Ridge Ranch Subdivision
Mayor Swaim related that with the petitioner's consent, the i tern of
business was tabled at the previous City Council meeting .
Alderman Fletcher moved , seconded by Alderman Smith to remove the item of
business from being tabled. MOTION CARRIED.
Mayor Swaim stated that it is his understanding that requirements to move
fo rward with the subdivision have been met .
City Engineer Whisker pointed out tha t the developer wi l l meet with the
Wastewater Departme nt regarding funds for 10-years of Operation and
Maintenance costs.
Mayor Swaim stated that the understanding is that the developer may
proceed with selling lots , adding that the building permits will convey
that sewer is not available until the pump station is operational.
Alderman Stroud moved , s e conded by Alde rman Smith that the Final Plat of
Oak Ridge Ranch Subdivision be approved . MOTION CARRIED .
c . ORDINANCE 1182 (#12-02
AN ORDINANCE REMOVING CERTAIN PROPERTY FROM THE CONDEMNATION LIST ;
MODIFYING JACKSONVILLE MUNICIPAL ORDINANCE NO . 1180 ; AND, FOR OTHER
PURPOSES .
Mayor Swaim related that Ordinance 1182 addresses the removal of property
at 2 1 2 East Pine Street from the condemnation list.
Alderman Howard moved, seconded by Alderman Ray t hat Ordinance 1182 be
placed on FIRS T READING . ROLL CALL : Aldermen Elliott, Smith, Lewis,
Sansing , Ray, Fletcher, Stroud, Twitty, and Howard voted AYE. Whereupon
City Attorney Bamburg read the Ordinance title .
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1182 b e
accepted o n FIRST READING. ROLL CALL : Al dermen Elliott, Sm i th , Lewis ,
Sansing, Ray, Fletcher , Stroud, Twitty, and Howard voted AYE .
Alderman Smith moved, seconded by Alderman Sansing to suspend the rules
and place Ordinance 1182 be placed on SECOND READING . ROLL CALL:
Aldermen Elliott , Smith, Lewis, Sansing, Ray, Fletcher, Stroud, Twitty,
and Howard voted AYE. Wh ereupon City Attorney Bamburg read the Ordi nance
title.
3
0000·'14
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01, 2002
7:00 P.M . - 7 :54 P.M .
Alderman Sansing moved , seconded by Alderman Lewis to further suspend the
rules and place Ordinance 1182 on THIRD AND FINAL READING . ROLL CALL :
Aldermen Elliott , Smith, Lewis, Sansing, Ray , Fletcher , Stroud, Twitty,
and Howard voted AYE. Whereupon City Attorney Bamburg read the Ordinance
title .
Al derma n Stroud moved , seconded by Alderman Howard that Ordinance 1182 be
APPROVED AND ADOPTED. ROLL CALL : Aldermen E l liott, Smith , Lewis ,
Sans i ng, Ray , Fletcher , Stroud , Twitty, and Howard voted AYE .
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1182 THIS 1 st DAY OF AUGUST 2002 .
d. ORDINANCE 1183 (#13-02)
AN ORDINANCE ACCEPTING AND CONFIRMING ANNEXATION OF VARIOUS REAL PROPERTY
LOCATED ON THE SOUTHEAST SIDE OF JACKSONVILLE (COMMONLY REFERRED TO AS
THE SOUTHEAST ANNEXATION) ; DECLARING AN EMERGENCY ; AND , FOR OTHER
PURPOSES .
Mayor Swaim related that the annexation is along Loop Road and Military
Road also known as Hwy 292. He stated that the petition for annexation
has been before the County Judge as a voluntary annexation .
City Enginee r Whisker related that annexation is a total of 99 acres.
Mayor Swaim pointed out that the property would include the new site for
First Electric Headquarters.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1183 be
placed on FIRST READ I NG . ROLL CALL : Aldermen Elliott, Smith , Lewis ,
Sansing, Ray , Fletcher , Stroud , Twitty , a n d Howard voted AYE . Whereupon
City Attorney Bamburg read the Ordinance title.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1183 be
accepted on FIRST READING. ROLL CALL: Aldermen Elliott , Smith, Lewis,
Sansing, Ray, Fletcher, Stroud, Twitty, and Howard voted AYE.
Alderman Lewis moved, seconded by Alderman Sansing to suspend t h e rule~;
and place Ordinance 1183 be placed on SECOND READING. ROLL CALL :
Aldermen El l iott , Smith , Lewis , Sansing, Ray , Fletcher, Stroud , Twitty,
and Howard voted AYE . Whereupon City Att orney Bamburg read t he OrdinancE~
title.
Alderman Lewis moved , seconded by Alderman Smith to further suspend the
rules and p l ace Ordinance 1183 on THIRD AND FINAL READING . ROLL CALL :
Aldermen E l liott , Smith , Lewis, Sansing , Ray, Fletche r, Stroud , Twittyr
and Howard voted AYE . Whereupon City Attorney Bamburg read the Ordinance
title .
In response to a question posed by Alderman Stroud , Mayor Swaim re l ated
that there a re three residences involved in the annexation .
4
000015
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01 , 2002
7:00 P.M. -7:54 P.M.
Alderman Sansing moved , seconded by Alderman Howard tha t Ordinance 1183
be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott, Sm i th , Lewis,
Sansing , Ray, Fletcher , Strou d , Twi t ty , and How a rd vo t ed AYE.
Alderman Fletcher moved, s econded by Alderman Sm i th that the EMERGENCY
CLAUSE be APPROVED AND ADOPTED. ROLL CALL: Aldermen Elliott , Smith ,
Lewis, Sansing , Ray, Fletcher , Stroud , Twitty , and Howard voted AYE.
ORDINANCE APPROVED , ADOPTED AND NUMBERED 1183 THIS 1st DAY OF AUGUST 2002.
e. RESOLUTION 564 (#9-02)
A RESOLUTION ADOPTING THE HEALTH AND SAFETY MANUAL FOR THE EMPLOYEES OF
THE CITY OF JACKSONVILLE; SUPPORTING CONTINUED DEVELOPMENT BY THE CITY OF
A SAFE WORK ENVIRONMENT PROGRAM AND SYSTEM ; AND, FOR OTHER PURPOSES.
Mayor Swaim related that Resolution 564 adopts changes to the safety
manual, adding tha t the manua l and a synopsis of changes was provided at
the previous City Council meeting.
Alderman Sansing moved, seconded by Alderman Stroud to read Resolution
564 . MOTION CARRIED . Whereupon City Attorney Bamburg read the
Resolution.
Alderman Lewis moved, seconded by Alderman Sansing to approve Resolution
564 (#9-02). MOTION CARRIED.
EXECUTIVE SESSION:
Alderman Smith moved,
adjourn to EXECUTIVE
personnel issues .
seconded by Alderman Lewis that City
SESSION at approximately 7 :18 p.m . to
Council
discuss
Mayor Swaim clarifi ed that on l y members of the City Council or the person
being discussed or that person 's supervisor are allowed by State Law t o
be included in an execut i ve session to discuss personnel issues .
At this time, MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Smith that the City Council
adjourn from Executive Session and return to regular session at
approximately 7:49p.m . MOTION CARRIED.
Mayor Swaim related that there would be no forma l action forthcoming from
the Executive Session .
Discussion ensued regarding early campaign signage that h as appeared in
Jacksonvil l e .
Mayor Swaim related that some sign s have been taken down, point ing out
that signs are n ot to be displayed until September 6.
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01, 2002
7 :00 P .M. - 7 :54 P .M.
Parks and Recreation Director George Biggs related that August 15th has
been scheduled for the dedication of the new Skate Park.
In response to a question from Alderman Twitty , Mr. Biggs stated that
there are no plans to extend the Skate Park. He then addressed issues
regarding reports of problem activity at the Skate Park , saying that any
minor issues are being worked through.
Mayor Swaim related that problems involving youth fights have also been
experienced at the soccer and football programs. He stated that these
issued are being addressed at the Skate Park in the same manner as
handled at all City functions .
Discussion ensued regarding a reported issue involving older boys
offering marijuana to younger boys. Alderman Ray stated that he has
spoken with parents who visit and supervisor their children's activity at
the Skate Park, saying that the parents have praised the City for
establishing the Park . He stated that he believes the Skate Park is more
of a positive entity in the community, than a negative one.
Mayor Swaim stated that the Mayor of Benton has shown interest in the
Park , and plans to build a Skate Park in the near future . He stated that
whi l e he originally resisted the idea of a Skate Park, he believes there
is a demand for Skate Par ks .
Other discussion ensued regarding the popularity of Jacksonville's Skate
Park in other communities .
Mayor Swaim stated that there has been discussion regarding possibly
fencing the Skate Park. He then pointed out that he had visited a Skate
Park in the smal l town of Buffalo Minnesota, adding that the Mayor of
Buffalo had related that an industry in town had donated approximately
$60 ,000 to fund the construction of the skate park . He related that
fencing the park may be addressed in the coming budget.
Alderman Sansing noted that the parents are involved, having observed a
child of four being taught to inline skate.
Chief Ruthven stated that the Police Department has not been called
regarding a need for a ssistance f rom anyone visiting the park.
Mayor Swaim related that he had suggested that the paramedics, ambulance
crews, and EMT 's visit with children using the park and conduct
informational talks regarding safety issues. He then suggested that t hE!
Police Department visit with a similar agenda .
Mayor Swaim stated that the 911 Ce nter has received a lightening strike
that damaged some of the equipment. He stated that there has not been a
problem regarding 911 dispatch from Pulaski County who is handling the
dispatch until the equipment is repaired . He reported that this is thE~
third time lightening has struck the 911 Center , adding that the only
6
000 017
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 01, 2002
7 :00 P.M . -7 :54 P .M.
factor that seems to contribute to the Center be i ng struck by lighting ,
is that the Center i s l ocated at the highest point in Jacksonvi lle with a
tower that extend over 100 feet . He stat ed that the insurance will cover
repair costs.
APPOINTMENTS :
ANNOUNCEMENT :
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately
7 :54 p .m .
Respectfully ,
~. l\J._)~ {~SWAIM 0
7
000048 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 15, 2002 7 :00P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Fire Department)
(Police Department)
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 :
Regular City Council Meeting
August 1, 2002
Regular City Council Meeting
July 18, 2002
Regular Monthly Report/July
Public Works Director Jim Oakley
Regular Monthly Report/July
Fire Chief Vanderhoof
Regular Monthly Report/July
Pol ice Chief Ruthven
Request for Matching Grant Funds
for Automatic External Defibrillators
COPS (Community Oriented
Policing Section)
14 . GENERAL: a . RESOLUTION: 565 (#1 0-02)
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
Maintain Rebsamen Regional Medical
Center 457 Plan
b. REQUEST TO ACCEPT BID:
Sidewalk and Drainage for Madden
Road
-
000019
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 15 , 2002
7 :00 P.M . - 7 :19 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of Jacksonville, Arkansas met in Regular
Session on August 15 , 2002 at the regular meet ing pl ace of t h e Council .
Alderman Smith delivered the invocation a n d Vice Mayor Howard led a
standing audience in the "P ledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith , Sansing , Ray, Wilson, Fletcher ,
Stroud , Twitty a nswe r ed roll call . Vice Mayor Howard also answe r ed ROLL CALL
declaring a quorum . PRESENT nine (9), ABSENT (1). Mayor Swaim was out of
town on Cit y b usin ess . Al derman Twitty arr ived a t approximately 7:03 p.m.
Others present for the meeting were: Deputy Cl erk Teresa Carter, Director
of Administration Murice Green , Human Resour ce Directo r Char lie Brown ,
City Engineer Jay Whisker, P u blic Works Director Jimmy Oakley , Fin ance
Accountant Chery l Erkel , Police Chief Ruthven , Fire Chief Vanderhoof,
Parks and Recreation Di rector George Bi ggs, Parks Adm inistrat ive
Assistant P a tty Wa l ke r , Mrs. Edith Smith , i nterested citizens and membe r s
of the press.
PRESENTATION OF MINUTES:
Vi ce Mayo r Howard present ed t h e minutes o f the Regular City Council
Me e ting of Au gust 1, 2002 for app r oval and/or correct i on at the next
Regularly Sch edul ed City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 18 July 2002 be APPROVED. MOTION
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 July 2002 . Said Report reflects :
ADOPTION/FINES: $374 .00
TOTAL $374 .00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved , seconded by Alderman Wilson to approve the Regular
Monthly Report for July 2002 from the Jacksonville Fire Department, which
reflects a fire loss of $347 ,500.00 , and a Savings Total of
$1 ,644 ,500.00.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved , seconded by Alderman Wilson to approve the Regular
Monthly Report for July 2002 from the Jacksonville Police Department be
APPROVED. Said report reflects; Total Value or Reported Stolen Property
$3 ,043 .00, Total Value of Recovered Stolen Property $-24,975 .00 , and
Total Report Sales $444 .00
1
ooooso
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 15, 2002
7 :00 P .M. -7 :19 P.M .
ROLL CALL : Alderman Elliott , Smith, Sansing, Ray, Wilson, Fletcher,
Stroud voted AYE. MOTION CARRIED.
In response to a question from Alderman Sansing, Chief Ruthven explained
that i n the mont hl y activities report for July the Stolen Property and
the Recove red Stolen Prop erty reflects stolen vehicles only . He related
it was determined at the beginn ing of January 1, 2002, adding t hat the
figure had been categor i zed incorrectly for some of the stolen veh i cles.
He related that they had been categorized as stolen and not recovered but
stated that actually they were not s t olen . He exp l ain ed that a fami l y
member had taken or bo rrowed t he vehicle and returned i t later . He
stated that a report was not made when the vehicle was returned ,
the r efore , data was forwarded to the Arkansas Crime Information Center .
He r elated that i n order to corr ect t h e problem statistically , the ACIC
suggested that t he figure be taken out from current totals and move
forward with correct data reporting.
Discussion ensue d and it was noted tha t incorrect r eporting skewe d the
data regardin g sto l en vehic l es comparing 2001 to 2000 .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : Request for matching Grant Funds for Automatic External
Defibrillators.
Chief Vanderhoof stated that i n February t h e Fire Department applied for
a grant from the Arkansas Health Department to purchase fou r AED
(Automatic External Defibrillators) . He re lated that the purchase is not
a b u dgeted item and is asking Counci l for approval to proceed with the
project . He explai ned that the fire e ngine generally arrives on the scene
prior to the ambu l ance, and that having the Aut o mat i c Defibr i llators on
each engine wou l d s peed assistance time regarding instances involvi ng a
cardiac arr est . He related his endorsement for the concept, saying that
it i s a very important item to have ava i lab l e on the scene as quickl y as
possib l e.
Vi ce Mayor Howard not e d that funds are availabl e in the equipment fund.
Alderman Smith moved, seconded by Alderman Stroud to approve thE~
expenditure of $4,500 .00 for the purchase of four AED defibrillators witlt
funds to be drawn from the Equipment Fund . MOTION CARRIED.
POLICE DEPARTMENT : COPS (Community Oriented Policing Section)
Chief Ruthven introduced new concepts scheduled for the Police Departme n1:
ef f ective tomo r row. He related t he Police Department would be
implementing a program called "COPS", saying that COPS stands for
"Community Oriented Policing Section ." He stated that the program is an
eight per son section made up of five Communi t y Relations/Crime Prevention
Spec i alis t and three School Resource Officers . He related that t h e
school resource officers have worked crime preven tion and community
relations in the schools for a n umber of years. He then introduced Sgt.
2
000031.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 15, 2002
7 :00 P.M . - 7 :1 9 P.M.
John Williams as the Officer in charge of the Section . He then related
that Co r por a l John Howard, a nd Officer Terry Collins a r e as s igned to the
south section o f t he Ci ty . He t h en introduced Officer Char l e s Wells and
Officer Se th Corbin , a ss igned t o the north sect i o n, addi ng t hat the
Scho o l Recourse Officers contributing to the group are Corporal Les
Ho c kaday , Officer Andy Simpson and Officer Chris Wilson . He r elated t h at
Officer Hockaday will be the S c hool Resource Officer th i s ye ar at
J acksonvil l e Junior High a n d Jacksonville Middle School. He related that
Off i cer Simpson will be at the Jacksonville High Schoo l and Officer
Wilson at North Pulaski High . He s t ated that the Sch ool Re source
Officers wou l d share responsib i litie s at the elemen ta ry school s. He
stated that th is is his group and that their p r imary f ocus is crime
prevention a n d community relat ion s. He pointed out that their a ctivities
would i n clude going to b u sine sses and res idences , offering t each ing and
train ing in h ow to reduce vulnerabi lity to crime and t o improving
community re l ations by fostering a positive re l ationship between the
Commun i ty and the Police Department. He related that the COPS program i s
an out f ront pro active first step to emb r ace this concept.
I n re sponse to a question posed by Alderman Wil son, Chi ef Ruthven related
that the Section would b e s p ecific ally working Monday through Friday ,
approximat ely 8 :0 0 or 8:30 a .m . to 4 :00 or 4:3 0 p.m. He added that he
has advised the Office r s that s h ould a n event in the area require t he i r
p resence , h e would expect them to be there . He re lated that they will
wor k wi thin t h e budget using overtime wh ere possible t o assure they are
comp e n sated.
I n response to question posed by Alderman Stroud , Chief Ruthven
acknowl edged t hat as mentioned previously he plans to di vide the City
north a n d south of Main Street , adding that the primary emphasis wil l be
eas t of the r ai lroad trac k s . He related tha t he has spoken with Litt l e
Rock and North Littl e Rock regarding t h ei r communit i es of this nature and
that t h ey h ave sa id t h ey are working wh e r e they a re n eeded . He we nt on
to explain tha t Little Roc k and North Little Rock has re l ated that t h ey
are working wh ere t h e crime r ate is high and wh ere the citizens need to
see them in order to be responsive to the needs of the citiz ens. He
point ed out that t h ere are sectio ns of Jacksonvi lle t h at do not need them
as mu c h because the crime rate is low , but added t h at t h ey will continue
t o monitor and be present with patrols . He stated the primary focus will
be east of the railroad t r acks becau se that i s wh e r e a large percentage
of our crime occurs in the City.
Alderma n Fl etche r questioned if there i s a systemati c way to monitor the
p rogress and effectiveness o f t h e p rogram maybe in a year .
Chief Ruthven responded that afte r the program was underway and first
name ba s i s r e lat ionsh ips h ave b een es tablished he plans to s u rvey the
citi zen s , business men , and r es ide n ce f o r their input regarding a
difference i n the areas . He then n o ted that he also intends to monitor
cri me statistics cl o sely to see how e f fect i ve crime prevent ion in those
areas are .
3
00(}052
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 15, 2002
7 :00 P .M. -7 :19 P .M.
Discussion ensued regarding s t at i s t ics for differe nt areas of the Ci ty ,
and Chief Ruthven related with the aid of a new computer program being
instal l ed t h ey will have the capability to pull statistics instantly by
address , area , o r possib ly b y map .
Alderman Wilson ques t ioned if the Police Department keeps statistics on
traffic accidents locations regarding i ntersections, add i ng t h at this
information for last year and year to date would be helpful i n budgetary
con siderations regarding Highway projects and safety issues.
Chief Ruthven stated they do keep what he calls the "Top 10 Listu, which
gives the ten locations i n the City that have experienced the greatest
number of acc i dent s , adding that he could provide that at t h e next
meeti n g.
Ch i ef Ruthven ra i sed another point, saying that the second part of his
ef f orts i n Commun ity Po l icing i s to establish a Cop Advisory Coun ci l. He
stated that certa i n members of the community have agreed to be a part of
that effort and that the first meeting wi l l be held on the 29th of August.
He related t hat members a r e Ms. Brenda Allen , Ms Wi lliam Bl akely , Chambe r
of Commerce Director Ms. Bonita Rownd , Civil Service Commissioner Donnie
Farme r, Mr . Leroy Wood and Alderman Elliott , Pastor Tommy Bo n er and
Pa stor James Bogan, Mrs. Cheryl Erk el and Mr. Mi ke McGray . He related
that membership could be expanded i f needed. He related that the primary
effo rt i s to inform members , so they can in t u rn inform the i r
constituents of the Department 's future plans and to gather input as tc
how the Pol i ce Department can better provide increased protection t o make
Jacksonv i lle safer.
Al derman Fletcher support ed the proposed efforts, saying that it is
proactive and greatly increase the image of , not just the Police
Department but , the Community.
Ch i ef Ruthven stated that the number one focus to reduce crime in any
community is for the community and law e n forcement system to work
togethe r .
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL : A. RESOLUTION: 565 (#10 -02 ) A RESOLUTION TO CLARIFY
AUTHORIZATION OF THE ADMINISTRATIVE COMMITTEE OF THE REBSAMEN REGIONru~
MEDICAL CENTER 457 PLAN TO MAINTAIN THE 457 PLAN ON BEHALF OF THE CITY OJ~
JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Al derman Wilson moved, seconded by Alderman Ray to read Resolution 565 .
MOTION CARRIED . Whereupon Alderman Wilson read the title of th•a
Resolution.
4
OGO O:i 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 15 , 2002
7 :00 P .M. - 7 :19 P .M.
Alderman Ray moved , seconded by Alderman Stroud to Approve Resolution
565 (#10-02). MOTION CARRIED.
B . REQUEST TO ACCEPT BID : Sidewalk and Drainage for Madden Road .
Vice Mayor Howard stated that t he funds are available in the Capital
Improvement Fund.
In response to a question posed by Alderman Sansing , City Enginee r
Whisker re l ated Cinergi, the recommended bidder has p e rformed work for
the City a couple of years ago and that Cinergi has c on structed sidewal ks
in North Little Rock in the past year.
In response to a ques t ion posed by Alderman Smith, City Engineer Whisker
re l ated tha t the bid would c over the c urb , gutter , sidewalk and drainage
on the south side of Madden Road .
Alderman Elliott moved , seconded by Alderman Smith to approve the low bid
by Cinergi in the amount of $177,449 .00 . MOTION CARRIED .
In response to a question from Alderman Fletcher, City Engi n eer Whi s ker
related that the time frame slated f or the project including signing
cont racts , is approxima tely 90 ca lenda r days begi n ning in two we e k s .
He then a nswered Alderman Wi l son , re l at ing t hat the City is currently
wo rking on the sidewalk project on South Highway a nd it s hould be
completed with the e x cep tion of some c leanup i n approximately three
weeks .
ANNOUNCEMENT:
Vice Mayor Howard a n nounced that the New Teachers Banquet wi ll be held i n
t he morning at 7:30 a .m .
ADJOURNMENT :
Vice Mayor Howard without objection adjourned the meeting at
approximate ly 7 :19p .m.
Respe ctf u lly ,
5
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
September 5 , 2002 7:00P .M .
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA
(Engineering Department)
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:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT
a .
Regular City Council Meeting
August15 ,2002
Regular City Council Meeting
August 1, 2002
Regular Monthly Report/July & August
City Engineer Jay Whisker
PRESENTATION by Waste Management
(Mayor Swaim)
b. RESOLUTION 563 (#8-02)
Mutual Aid Agreement for
Police Department (Mayor Swaim)
c. UPDATE: Construction Projects by
City Engineer Whisker (Mayor Swaim)
d . Potential Funding Impact to 2003 Budget
(Mayor Swaim)
000035
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5 , 2002
7 :00 P.M . -8:04 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jack sonville, Arkansas met i n Regular
Session on September 5 , 2002 at the regular meeting place of the Coun cil .
Al derman Howard delivered t h e invocation and Mayor Swa i m led a standing
audien ce in t h e "Pledge of Allegiance" to t h e flag.
ROLL CALL : Aldermen : Ell i ott, Smith, Lewis , Sansing, Ray, Wilson , Fletcher,
Stroud , Howard answered ro l l call . Mayor Swaim also answered ROLL CALL
declaring a quorum. PRESENT nine (9, ABSENT (1). Alderman Twit ty arrived
at a p proximate ly 7 :05p.m .
Other s present for the meeting were: City Attorney Bob by Bamburg , Deputy
Clerk T eresa Carter, Director of Administ r at i on Murice Green , Human
Resource Director Charlie Brown, Ci t y Engineer Jay Whisker , Publ i c Works
Director J i mmy Oak l ey , Finance Director Paul Mushrus h, CDBG Director
Theresa Watson , F i nance Accoun tant Ch eryl Erke l , Purchasing Agent C .J .
Brown , Accounts Receivab l e Clerk Niki Wilmouth , Police Chief Ruthven ,
Fire Chief Va n derhoof , Parks and Recreat i on Director George Biggs , Mrs .
Jud y Swaim , Mrs. DeAnna Carpen ter a n d Miss Emma Carpenter, Mrs . Lindy
Lewis , Chamber of Commerce Director Bonita Rownd , Mr . George Wheatley ,
Mr . J i m Dunbar , Mrs. Addi e Gibson , Mr. Larry Smith , i nterested citizens
and members of the press.
PRESENTATION OF MINUTES :
Mayo r Swaim present ed the minutes of t h e Regular City Council Meeting of
August 1 5 , 2002 for approval and/or correction at the next Regular l y
Scheduled City Council Meet i ng .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 1 August 2002 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : Regular Monthly Report/Engineering
Alderman Elliott moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for Alderman Lewis to approve the Regular Monthly Report
for July and August 2002 .
PERMITS/LICENSE ISSUED
Building Permits
Business License
14
18
UNSIGHTLY & UNSANITARY
Grass Letters 111
21
36
0
$793 .00
Property Mowed
Trash Letters
Trash Removal
Cost for July
1
INSPECTIONS PREFORMED
Build i ng Inspections
HVACR
Electrical
Plumbi n g
VEHICLES
No t ice of Noncompl i ance
Towed
52
25
49
57
10
1
000056
CONDEMNATIONS
St ructural Maint . letters 7
Structural Repairs Made 1
Demo litions 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 2002
7 :00 P .M. -8 :04 P.M .
August 2002
PERMITS/LICENSE ISSUED
Building Permi t s
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost f or Au gust
CONDEMNATIONS
20
6
234
11
46
0
$424.00
Structu ral Maint. Letters 0
Structural Repai r s Made 0
Demolitions 0
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompl iance
T owed
55
31
51
47
19
1
Alderman S t roud compl i mented Chief Rut h ven and the Pol ice Department
regarding the Office r s that took extra measures to secure a burglarized
house. He stated that he overheard two citizens talking and asked therrt
about it.
ROLL CALL: Alderman Elliott, Smith , Lewis, Sansing, Ray, Wilson ,
Fletcher , Stroud , Twitty , and Howar d , voted AYE . Motion received (10),
NAY (O). MOTION CARRIED .
Mayor Swa i m recogni z ed Chief Rut h ven to address Council regarding a
request to provide information on traffic locat i o n s in the City.
Chie f Rut hven presented data regarding the 2001 top 10 accident:
intersections and noted that the intersecti on at T .P. White/North Fi rst
had the most with 29 accidents . He related that there was a tot al of 644
accidents in 2 0 0 1 with 156 occurr ing at the f o l l owing intersections:
T .P . White & Nor th First
Main & J ames
Trickey & North First
Ma in & Schoo l
Ma in & Marshall
John Harden & Vandenburg
29
20
17
17
16
15
John Harden & North Fi rs t
Vandenburg & North First
Main & Redmond Road
Ma i n & Sharp
2
12
10
10
10
000037
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5 , 2002
7 :00 P .M. - 8 :04 P.M.
He related that in the first seven months of 2002 there were 104
acc i dents at the Top 10 intersections, which is an increase of 12% from
2001. He related that t h e yearly total is at 361 , n otin g that August
totals are not included.
John Harden & Vandenburg 17 Main & Sharp 17
Loop Road & North First 13 T .P . Whi te & North First 12
John Harden & North First 9 Main & Marshall 9
Trickey Lane & North First 8 Main & James 7
Loop Road & Graham Road 6 General Samuels & Marshall 6
He then provided information regarding the COP Section Report and noted
School Resource Officers and COP Officers activities . He pointed out
that there were 109 SRO contacts and 159 by the COP Officers. He
mentioned that the Officers had attended the Cop Advisory Council meeting
on August 29th, adding that a l l members were present with the exception of
the Prosecuting Attorney. He related that t he first meeting went well
and was very informative.
He then presented data regarding the Weapon Qualifications and Essential
F unction Test (E.F.T.) results. He stated that i n the Weapon
Qualifications Test Officers fire 50 rounds from a distance of 3 yards to
a maximum of 25 yards from the target , supported (two-hands) and non-
supported of strong and weak hand. He stated that the Weapon
Qualifications are timed for 6 rounds for 15 seconds. He related that
with 50 rounds and 1 0 shoots in the bulls -eye the h ighest possibl e score
is 500, and that qualification score is 350. He pointed out that the
Department averaged 422 across the board with high score being 472 and
the low score at 355 . He stated that of the 67 filled positions in t he
Department, 64 Officers qualified with 2 requi ring more than one attemp t
and 3 Officers who did no t because they were not available for testing .
He went on to point out that the Central Functions Test is a test
requiring the Officers to climb stairs , go through a wi ndow, jump, scale
a wall, jump a ditch , crawl through a culvert , then shoot 6 rounds from
various distances from a barricade and carry a 125 pound dummy to finish
in 3 minutes. He stated tha t the Department averaged 2 minutes and 7
seconds and that the maximum number of shooting hits was 6, pointing out
that an Officer must hit 4 to pass. He related that a few Officers had
to do a multiple of times, adding that generally the reason t hey do not
pass the first time is the weapons shooting portion of the t est . He
stated that of the 64 Officers tested, 63 passed . He stat ed that o n e
Officer failed who was not able to get over the wall, but will make
another attempt at a later date. He stated that the Police Department
will be conducting this type of testing t wice annually as part of their
training program.
Alderman Elliott complimented Chief Ruthven regarding the first meeting
of the COPS Advisory Council, adding that h e thought it went we l l and
believes there wi l l be a direct benefit to the City.
3
OOOO::Z8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 2002
7 :00 P .M. -8 :04 P .M.
Alderman Wilson noted that it is very i n terest i ng that the fourth highest
accident intersection in 2001 has not shown up in the t op 10 list for
2002 and that the 3rd highest accident intersection of 2002 was not on t he
2001 top 10 list. He questioned if there had been any change in traffic
signali z ation or routing.
Chief Ruthven acknowledged , saying that from what he could dete rmine
there had not been any change at any of the intersecti ons, he offered
that either dr i vers are less familiar or more familiar with the
int ersections, dependin g if they are a resident or not .
He then presented for Council to view as part of morale issues , watches
with logos that Officers a re able to p ur c h ase and a Chief 's Recognition
Coin t hat wi l l be presented t o Officers that go above and beyond the cal l
of dut y in the service to the City.
Alderman Fl etcher stated that not all accidents regarding the
intersection of John Harden & Vandenburg can be attributed to Wa l-Mart ,
because Wa l-Mart has been there over a yea r . He offered that tempe rs can
become very short as d rivers sit through a l ight and finally t h ey proceed
even if the light is red.
Chief Ruthven ag reed , and Ci ty Engineer Whisker addre ssed the issue. He
stated t hat a driver hit the traffic box 6 months ag o and the City has
been working since that time to convert that from a two traffic box
intersection to one traffic box intersection . He explained t hat this
would allow one box to operates both signals at T. P Whi te and John
Harden. He related that the wiring f or the box has been completed ano
they have received permission from AHTD , adding that the next step is to
pul l wire.
Mayor Swaim related that the i n tersection h as been a probl em , adding that.
recommendations from signal personnel Sid Gray was proposed by Ci ty
Engineer Whisker to the Highway Department and accepted. He noted that
t h e intersection belongs to the Arkansa s Highway Department , b ut they are
willin g to accept the recommendation if the City will pay for:
improvements . He related that he be lieves costs to be appr oximately
$8,000 . He added that the i ntersection box a t John Harden & Vandenbur9
has been demolished four t imes since 1987 , noting costs as much a~;
$15 ,000 to replace the box. He exp l a ined that the Ci ty had wanted to
place stee l post at the locat ion , but was advised not to becaus e of
probable lawsuits . He stated that since the box has to be replaced, the
City is trying to make improvements to relocate the box.
Discuss i on ensued regarding traffic situ ations comparable to other c itie:>
in Arkansas.
Mayor Swaim responded to a question from the audience , sayi ng that he has
ta l ked t o t h e Arkansas Highway Department regarding an option o f closinq
the off -ramp near Wal -M art , and divert ing t he t ra ffi c through the Wa l·-
Mart light to the off-ramp at Shoney ' s. He added however that the
4
OGOO:i9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5 , 2002
7 :00 P .M. -8 :04 P .M .
intersection at Shoney ' s would not be able to handle the degree of
inc r eased traffic flow. He the n answered that a signalizati on light is
n ot deemed a viable solution . He noted that progress creates problems ,
mention i ng the construction of the l argest Wal-Mart in the State as well
as the new shopp i ng center adjacent .
Alderman Smith noted that the new shopping cen ter would have an entrance
into the Wal-Mart parking l ot .
City Engineer Whisker added that the new shopping center would al so have
an ent rance and exit on the south s i de of the yield sign on John Harden.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL: a. PRESENTATION by Waste Management
Mayor Swaim stated that the City is pleased regarding the relationship
with the Two Pines Landfill. He introduced the former Mayor of Magnolia ,
Arka n sas and Waste Management Representative Mr . George Wheatley and Two
Pines Landfill E ngineer Mr . Jim Dunbar .
Mr. Whea t le y stated that he and Mr. Dunbar are presenting for t he fourth
year a $50, 000 check to the City of Jac k sonvil l e for fifty $1 , 000
scholarships . He related that it is a token of their appreciation to
Jac k sonville as the host community for the landfil l. He noted that 168
student s have been offered scholarships since the beginning o f the
program. He stated that they are pleased, and believe that Waste
Management is the kind of corpor ate citizen a company of i ts size shou ld
be. He re l ated that h e believes the landfill i s a tremendous asset to
not on ly Jacksonville, but all of Central Arkansas and that they are very
proud to offer the scholarships . He added that it i s a great opportunity
to come before the City Council to make t h is presentation.
Mayor Swaim accepted the check on behalf of the City of Jacksonville,
saying that the City appreciates the relationship, and sayi ng t h at Waste
Management is a good corporate citizen . He commended the scholarship
committee and pointed out that the scholarships are awarded to students
who are not likely to receive other kinds of scholarsh i p s . He related
that the request from Waste Management was to provide scholarships to
students who may not otherwise have an opportunity to go to col l ege. He
then noted that Waste Management has also been a generous benefactor to
the Chamber of Commerce.
5
0000{}0
b . RESOLUTION 563 (#8-02)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 2002
7:00 P.M. -8 :04 P.M .
A RESOLUTION EXPRESSING ACCEPTANCE, AUTHORIZATION, AND SUPPORT FOR AN
INTERGOVERNMENTAL POLICE SERVICES MUTUAL AID ASSISTANCE AGREEMENT BETWEEN
POLICE AGENCIES IN PULASKI COUNTY, ARKANSAS; AND , FOR OTHER PURPOSES.
Mayor Swaim related that the resolution confirms and strengthens the
mutual a id agreement for the Police Department.
Alderman Wilson moved , sec onded by Alderman Elliott to Read Resolution
563 . MOTION CARRIED. Whereupon City Attorney Bamburg read the title of
Resolution 563.
Alderman Elliott moved , seconded by Alderman Smith to approve Resolution
563 . MOTION CARRIED.
c. UPDATE: City Construction Projects
The Council viewed a PowerPoint presentation by City Engineer Wh i sker,
starting with the new Recycling Center on Marshall Road. He s t ated that
the Center features a drive thru facility, a new bailer purchased that
will bail cardboard and l oose newspaper . It was noted that bailed items
increase the value five times. He then noted the heater uses used motor
oil to heat the Center .
He then presented the new addition to the Animal Shelter, which has been
curbed and guttered along with landscaping for the front of the building .
He noted ADA features and gates to the rear of the building offering
animals the opportunity t o go outside into fenced areas. He described
the n ew kitchen and a "puppy room" designed t o allow customers an
opportunity to meet with and decide what animal they would like to adopt .
He reviewed the sidewalk o n Hwy 161 near Trickey Lane, pointing out that
it is current l y under construction and close to being finished. He
stated t hat the crew is currently compacting the sidewalk for asphalt to
finish the shoulder, adding that the sidewalk will act as a curb for the
area . He noted that the sidewalk reaches 2 ,690 feet. He related that he
has a lready observed the useful ness o f the sidewalk for that area . He
pointed out a 35-foot canopy on either side of the sidewalk under the
train tracks as an added safety mea sure.
He then reviewed the progress of the Main Street Overpass, s a ying that
the steel has been p l aced and the crews are beginning to place decking
underneath, which will be followed by concrete f or the bridge. He viewed
the areas of Oak and Elm Street rega rding sidewalk construct i on and
stated that the sidewalk wo ul d be placed s i x feet behind the curb as i 1:
leads down bo t h sides . He pointed out that Oak Street is a l most
completed with the exception of a few driveways . He then noted the quick
construction of the concrete curb with a one pour only machine that pours
into what is termed a "shoe " to form the curb. He related that the area
between the wall and the curb will have a ten-foot sidewalk t hat will
allow pedestrian traff i c over the bridge and a stairway at the bottom
that will l ead to the schoo l. He stated that Spring Street would be
reopened and continue as a through street , but added that there would
on l y be one way into the schoo l .
6
0000 81
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 2002
7:00 P.M . -8 :04 P.M .
Mayor Swaim pointed out that previously traffic going to the school would
have to cross two lanes , but added that with some extra effort a plan was
devised to bring the traffic from the back of the sch oo l i nstead of
cro ssing traffic lanes , making it a safer route for the c h ildren being
delivered to school .
City Engineer Whis k er s t ated that children be i ng delivered to the school
would enter i n from Spring Street .
He then r eviewed situations rega rding the Madden Roa d project; saying
that he is s till wa i ting for the final paperwork to be delivered to his
office and hope s the project will b egin soon. He stated that pipe woul d
be pla ced underneath the pavement with curb and gutter f eaturin g inlets
with a sidewa lk on top . He stated that there would b e three feet of
green area b etween the s i dewalk a n d the curb.
He reviewed the Stanphil Road Project , s aying that i t t ook some t i me t o
purchase the property. He demo nstr ate d the improved site advantage f r om
t he locat i on of the futu re r oad as compared to the present loca tion and
rel ated that the first schedule fo r the pro ject would be to remo ve the
house from its present l ocat ion.
d . Potential Funding Impact to 2003 Budget
Mayor Swaim refe rred to conside rations that exi st s due to the decreased
funding f or t h e coming year, a nd n oted the push f or a reduction of taxes
as we l l as the Co unty wi de lawsuit . He recogni z e d Finance Di rector Pa ul
Mushrush to addre ss the City Council.
F i nance Di rector Mushrush r elated that the b udget proce ss has begun , a n d
tha t based o n the initiative to have sales tax removed from f ood sa l es on
the November ballot the total impact would be bet ween 2 .1 and 2 .4 mi l lion
dollar s. He noted that t o b e a significant portion of the City 's
inco me. He pointed out another issue to be the Co unt y Use Tax lawsuit ,
saying that right n ow there i s a tent ative perspective d ecision that
reduces the 2003 yea r re venues between $420 ,000 t o $450,000. He added
t ha t there is the potential for a re troac t ive decision , whi ch would add
another a one -time expenditure of 1.9 mil l ion d ollar s . He stat ed t h at
currently the 2003 budget is affected by the escrow of the Co u nty Sa l es
Tax est ima ted bet ween $75 ,000 t o $1 00 ,000 of current year money . He then
s tate d t hat the next probl em face d by the Ci ty is the State Tax Turnbac k.
He related the origina l estimated figures is down 3% f rom this years
projection a n d pointed out that it has consistently been going down over
the last seven years . He stated that this is one of t he fi nanci al
i ndicators as an obviou s reduction in intergovernmental revenues. He
stated that the 2003 p r ojection is based on current standards , adding
t hat he i s aware o f some revenue p r ojection sho rtfal l s on the State
leve l. He added that this is only a projected reduction tha t could be
adjusted later in the yea r . He stated that the cumu l ative affect of
the se issues together would be app r oximately 2 .7 mil l i o n d ol l ars using
a v erage e stimates, whi c h represe nts 22% of the c u rrent period budget . He
rel ated that 62% of the revenues received comes from Sales Taxes , wh i ch
also includes the State Tax Turnback. He stated t hat the operating
7
0000£2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5, 2002
7 :00 P .M. -8 :04 P .M.
transfers are transfers from other funds into the General Fund and are
standard transfers . He related that fund balances are reserves
established for multi-year projects and that amount is 6%, adding that it
should slowly reduce. He related that reserves were established some
time ago to face issues regarding shortfa lls regarding replacement funds
for Capital Improvement, equipment and also to make up for some of the
revenue shortfalls . He related that currently the City is using reserve
funds and we continue in subsequent budgets. He pointed out that the
impact of the initiatives represents 38 to 42 percent the shortfall in
the tax turnback . He related that 7 5. 6% expenditures revolve around
personnel costs, adding that the other significant area is contrac tual
services that inc lude utilities, insurance, Municipal League dues. He
clarified that Contractual services it is not a replacement of personnel
se r vices. He related that a major portion of the budget is 911, animal
control, administrative costs which include the Mayo r's Department, City
Council expense, Financing resources, and Engineering. He added that
Public Works includes the contract with the Chamber of Commerce, and the
Elderly Activities. He estimated that reoccurring costs are between 85
to 87 percent of the budget , pointing out that there is only a very small
window of 15% t o operate in . He stated that the shortfall is
approximately 22%. He then made the Counc il aware of other
considerations regarding a 2% mid-year increased AP ERS retirement costs
based on actuarial assumptions, rising health care costs , and
skyrocke ting property insurance costs. He noted that last years contract
was almost double what it had been previously and that 9 -11 has created
another surge in the insurance market. He related that he received a
letter that cancel s the contract r e newal, which means that the insurance
company wi ll not renew the cont ract at t he same rate. He stated that
they want another chance to add more to the cost. He stated that as a
result of these issues the budget process has starting early and the City
is in the process of l ooking at other options under insurance t o
dete rmine if the City can either be partially self insured or find
anoth er carrier to provide a good rate. He stated that the City
experienced some exposure in the 911 center r egarding roof damage, and i n
Capital Projects the City had funded the Recycling Center and the Animal
She lter. He a ls o mentioned improvements to City parks, saying that:
things that have been funded in t h e past will require a closer look in
the future . He stated tha t Capital Project priorities will n eed to be
established early r egarding a plan that al lows the City to continuE!
inroads that have been made in the past such as the Drainage Projects and
the overpass . He stated that contingency plans are in place but added
t hat these issues are a l o t more than anticipated.
Mayor Swaim acknowledged the issues as concerns for the City, but added
t hat the City has been through much worse and it is hoped that some of
the issues do not come to pass . He related that the City does have a
plan and that the budget process wi l l include contingencies. He related
that while the budget process may take longer this year, saying that
there are going to be some things not finalized until after the election,
provi ding an idea as to what does pass . He then added that he is
confide nt that Department heads will work toward a good budge t.
8
000053
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 5 , 2002
7 :00 P .M. -8:04 P .M.
He r elated that the State has continued to try and delete the State
Turnback and have s lowly lowered it. He stated that based on the States
financial problems, he believes the turnback will be slowly phased out i n
the future, which will be approximately $500,000 in lost revenues for the
City. He stated that we will face our problems and continue to make
progress. He stated that the City has cap ital projects that are already
funded and some that were not listed tonight . He related that there are
at least three other projects that the City will continue to move forward
o n, saying that we are not going to stop just because of potential
problems. He re l ated that wh ile he is known to be a very conservative
budgeter, the City will continue to provide services. He added that the
public safety departments wil l continue to operate move forward in spite
of what of what may happen in November . He related that it wi ll be
challenging, but added t hat he is looking forward to working with the
Council and staff to be prepared and make the b est of the money t hat the
City has. He stated that the objective of the City is to look ahead and
plan ahead to be ready for whatever comes, and hope for the best. He
stated that the Council is aware of the worse case scenario , but added
that we wil l hope for the best and be prepared.
In response t o a questions from Alderman Smith, Mayor Swaim related that
the initiative regarding sales tax on food items d i d not have enough
signatures, but h ad 30-days for additional signatures . He related that
they have t urned those in and it wi ll be checked by the Secretary of
State 's Of f ice . He stated that the re is a plan cha llenge to the lega l ity
of the ballot title , but i t i s uncertain what will happen at this point.
City Attorney Bamburg addressed the issue, saying that Judge Gray ruled
at the end of Jul y , adding that there was one proposa l provided to h er by
the plaintiffs attorney and two by the various defense councils. He
relat e d that it is anticipated that there would be an appeal to the
Supreme Court . He related that she has not signed the order and that
until she does, t h e appeal can not take place unless other action is
taken . He related that the City Attorneys and Co unty Attorneys have
discussed t h e necessity of taking other action , adding that if the t ime
period runs further and the order has not been signed they will likely go
ahead and proceed to get it to the Supreme Court . He related the
importance of having i t in front of the court to h ave the calendar
process running so that a decision can be made . He stated that until
there is a decision from the Supreme Court there wi l l be n o final
authority on what happens , pointing out that beginni ng September 1,
monies will begin to be escr owed into the Pulaski County Circuit Clerks
Fund .
Mayor Swaim related that the escrow amount r epresents approximately
$40, 000 monthly. He then added that if the cities loose there is a
possibility the City cou l d owe $160 ,000, saying that we are hoping o nly
to loo se 2 months instead of 4 for 2002 . He stat ed that it wou l d depend
on what t he Judge says , because Sales Tax is dispersed two months after
it is collected .
9
0000£4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMB ER 5 , 2002
7:00 P.M. -8:04 P .M.
Alderman Fletcher questioned if regarding the food tax , is the Munic ipal
League going to structure a campaign to educate the populous on the
financial impact to cities .
Mayor Swaim stated that the prospect carne up at the last election , but
was thrown off. He related that there was a lot of money spent , pointing
out that there is an organization cal l ed "Apple" that the Municipal
League is involved in . He stated that the Municipal League hired a
consultant last time to help with the educational process . He explained
that cities do not want to continue to collect a tax that is a burden for
i ts citizens , but to other means to replace the funds would be just as
burdensome for citizens as the tax. He stated that t he message that
needs to be gotten out is that if c itizens want to continue operat i ons
and the same services as provided now we need to keep the food tax. He
related that there has been a significant amount of donated money spent
to cha llenge the bal l ot title, adding that while it i s a State wide
prob l em, smaller cities will be more severely affected . He encouraged
the Counci l to i nform people of the issues.
ANNOUNCEMENT: Mayor Sw aim related that the 9-11 memoria l ceremony at the
Veterans monument on September 11th at 8:00 a.m . came as a result of
citizens request that the City commemorate the event even though several
churches and t he Air Base had scheduled ceremonies.
Alderman Howard announced the Fall Carniva l Saturday at the E lde rly
Activities Center, starting at 7:00 a.m .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 8 :04,
p .m .
Respectful ly,
~A~
MAYOR TOMMY ~WAIM
10
City Council Of Jacksonville, Arkansas ooooss
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Fire Department)
(Police Department)
6. WATER DEPARTMENT:
AGENDA
Regular City Council Meeting
September 19, 2002 7:00P.M.
Regular City Council Meeting
September 5, 2002
Regular City Council Meeting
August 15, 2002
Regular Monthly Report/August
Public Works Director Jim Oakley
Regular Monthly Report/August
Fire Chief Vanderhoof
Regular Monthly Report/August
Police Chief Ruthven
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REG DEPT:
13. PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
a.
REQUEST TO ACCEPT BID:
Automated External Defibrillators
(Mayor Swaim)
Request to Approve Purchase of
K-9 Officer (Mayor Swaim)
FINAL PLAT: First Place Commercial
Park PH II (Mayor Swaim)
b. ORDINANCE 1184 (#14-02) Rezoning
Property at the rear of 723 School Drive
From R-7 to C-4 (Mayor Swaim)
a .
b.
Set Public Hearing: Abandonment of
unused Water Easement (Mayor Swaim)
RESOLUTION 567 (#12-02) Authorizing Mayor
and City Clerk to release Specific Property to
Non-Profit Organizations (Mayor Swaim)
(available at meeting)
Appointment of Jody L. Urquhart to the Sewer
Commission term to expire April 20, 2006
OOOOS6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2002
7 :00 P .M. -7 :33 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 19, 2002 a t the regular meeting place of the
Co u nc i l. Alderman Howard delivered the invocation and Mayor Swaim l ed a
standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Ell i ott, Smith,
F letcher , Twitty, and Howard answered
answered RO LL CALL declaring a quorum .
Lewis, Sansing , Ray , Wil s on ,
rol l call . Mayor Swa i m also
PRESENT nin e (9), ABSENT (1).
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Teresa Carter , Director of Administrat i on Murice Green, Human
Resource Di r ector Charlie Brown , Ci ty Engi neer Jay Whiske r , Public Works
Director J i mmy Oakley, Finance Director Paul Mushrush, Accounts
Rece i vab l e Ni k k i Wilmoth CDBG Dire ctor Theresa Watson , Purchasing Agent
C .J . Brown , Finance Accountant Che r yl Erkel, Police Chief Ru thven , Fire
Chief Vanderhoof , Parks and Recreation Director George Biggs , Mrs. Judy
Swaim , Mrs. Lendy Lewis, Mrs . J oan Zumwalt, Mrs . Addie Gi bson, Mr. Larry
Smith, inte r ested citi z ens a nd members of the press .
PRESENTATION OF MINUTES:
Mayor Swaim presented t he minutes o f the Regu l ar City Counci l Meetin g of
September 5 , 2002 for approval and/or correction at the next Regularly
Scheduled City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Howard that the minutes of the!
Regular City Council Meeting of 15 August 2002 be APPROVED. MOTIO N
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 August 2002. Said Report reflects:
ADOPTION/FINES: $293 .00
TOTAL : $293 .00
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Wilson to approve the Regulal~
Monthly Report for August 2002 from the Jacksonville Fire Department ,.
which reflects a fire loss of $18,500 .00, and a Savings Total oj:
$97,000 .00.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved , seconded by Alderman Wilson to approve the RegulaJ:-
Monthly Report for August 2002 from the Jacksonville Police Department.
Said report reflects; Total Value of Reported Stolen Property $58,479.00 ,
Total Value of Recovered Stolen Property $2 1 ,019.00, and Total Reporit.
Sales $422 .00.
1
OGOGS7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEP TEMBER 19, 2002
7 :00 P .M. -7:33 P .M.
ROLL CALL: Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Twitty, and Howard voted AYE. MOTION CARRIED .
Mayor Swaim recogn i zed Chief Ruthven to address the Council regarding
additional crime statistical information.
Chief Ru thven presented statisti cs regarding the 2001 crime rate in
Arkansas as reported i n the paper . He related that this data is in
addit i on to the data he furn i shed in July regarding comparisons for
Jacksonville to oth er cities a n d nationwide. He presented final
September 2002 data , noting that the stat istics regarding the initial
data have improved. He noted decreases in the Crime index , Modified
Crime Index , Vio l ent Crimes and Property Crimes statistics. He related
that there was no change in murder or rape crimes, addi ng that robbery
statistics have improved. He stated that aggravated assault decreased
only slightly along wi th burglary . He stated that larceny decreased from
a positive number to a -.7%, adding that after correcting the numbers for
motor v e hicle theft that also showed a sign ificant decrease. He pointed
out that there had been no change in arson statistics. He stated that he
wanted to make Counci l aware of the 2001 statistics compared to 2000 . He
then reported 2002 year t o date comparisons to 2001 same period, saying
that the Crime Index for that period was -9 %, and the Modified Crime
Index was unchanged . He related that Violent Crimes are down 20%, and
Property Crimes are down 7%. He stated that there were no murders thus
far this year, adding that there was one more rape this year than had
been reported for the same time period last year. He related that
robbery is down 18%, aggravated assault i s down 22%, burglary is up
slightl y by 4%, larceny thefts are down 9% and motor vehicle theft s is
down 23% wi th no change in arson. He stated that statistics thus far for
2002 continue to show a slight decl i ne from 2001 in every category , which
is against t he trend . He related that the current trend is either
l eve l i n g off or starting to climb .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPT: Request to Accept Bid for Automated External Defibrillators
Mayor Swaim related t hat Chief Vanderhoof has additional information
regarding the grant to purchase automated external defibr i llators. He
related t h at based on the bids received; Chief Vanderhoof, Finance
Director Mushrush and himself h ave been working on the possibility of
purchas i ng a n additional defibrillator . He related that the Fire
Depa r t ment is purchasing five defibrillators, adding that two would
require a training pack.
Chief Vanderhoof explained that the Fire Department is required to have a
trainer for the equipment, noting that the Park & Recreation Department
is also planning to purchase an AED packet. He stated that the request
ref l ects one trainer per Department.
2
OOD0£8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2002
7:00 P.M. -7:33 P.M.
Mayor Swaim related that the origin al bid reflected the package price
that included a trainer pe r pack , adding that with the saved difference
t he City wi l l be able to purchase an additional pack needed to ful ly
support the F i re Departmen t equipment n eeds. He stated that the Fire
Department 's request is to purchase six AEDs within the 20% variance
allowan ce, contingent o n low bidder allowing the City to purch ase an
addi t i o na l defibrillator at the same price. He related that an addit i ona l
pack would a l low t he Fire Department to have the number of packs that
were initia lly needed and allow the City to ut ilize all the grant funds .
Alderman Wilson moved, seconded by Alderman Smith to accept the low bid
from Zoll Medical Corporation and negotiate the purchase of an additional
Automated External Defibrillators pack for a total of $11,403.74. MOTION
CARRIED .
POLICE DEPARTMENT: Request to approve purchase of K-9 Officer
Mayor Swaim stat ed that this year 's budget was project e d to include the
replacement of one canine officer tha t is to retire due to age and
ability to continue in duty . He related that there had been d i scussion
regarding the pur chase of a bomb dog , adding t hat Chief Ruthven fe l t a
tracking dog is needed to work pa trol . He stated that fol l owing the
event s of 9 -11 and other events , t h e need for a bomb dog is ce rt ainly
preva l ent. He related that the Poli ce Department has secur ed a good
o ffer from a supplier and is re commending the purchase.
Chi ef Ruthven noted the proposal from a North Little Rock worki ng dog
ve n dor , saying t h a t Von Cline Stein p r ovided the pre viou s can i ne
purchased. He stated that Von Cline Stein has offered to se l l the City a
t rained Labrador with hand l er training , avai l abl e by December l 5 t , that
would be dual trained in bomb detection and tracking with a one-year
guarantee for $4 ,500.00 . He not ed that this price is approximately a 50 ~.
reduction from the s t andard price . He then poin ted out that the l ast
canine was purchased for approx imately $8 ,000.0 0, adding that t h e
reduction i s based exclusively on Lt. Shelly working wi th Von Cline Stein
for a 50 % donation . He then related that Lt . She l ly has been very
instrumental in seek i ng private donations from bus inesses in the area,
saying that to dat e they have p l edges of $850 .00 from three bus inesses.
He related that the private donations would offset the funding request,
adding that h e f eels there will be other pledges .
Mayor Swaim pointed out that one reason to mov e forward with the purchase
is becau se current l y Jacksonvi l le is borrow ing Sherwood and t h e Li t tle
Rock Air Force Base 's bomb dog . He mentioned the wait involved for the
animal s to arr i ve , saying that i t creates probl ems when there are a lo t
of people involved . He also mentioned the l imited availability of the
dogs because of loan to oth er cities bes i des Jacksonvi lle.
Chie f Ruthven s t ated that typ i cally they spend t hree to four hou r.s
waiting for a bomb dog to clear the site and get business back to normal .
He estimated that of that three to four h ours , two-th irds of that t ime is
spent waiting for the dog . He stated that the purchase o f a b o mb do9
coul d reduce that time from three hours to a pproximately twenty minutes .
3
Onon.·r9 u V D
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19 , 2002
7 :00 P.M . - 7 :33 P .M.
Mayor Swaim stated that funds to purchase the canine would come from
confiscated drug properties, adding that funds are available this year to
expedi te t h e purchase .
In response to a question posed by Alderman Smith, Ch ief Ruthven s t a te d
that he is not sure of the dog 's age , but added that he is sure the
canine is a young do g . He stated that the service life of most canines
is five to seven years.
Alderman Wilson moved, seconded by Alderman Smith to approve the purchase
of a police canine at the 50 % proposed discount price of $4,500.00 less
the amount of donated funds collected by the Police Department, balance
is to be drawn from the Confiscated Drug Property Fund. MOTION CARRIED .
Mayor Swaim commended the work performed by the canine officers.
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION:
PLANNING COMMISSION : A . FINAL PLAT: First Place Commercial Park PH II
Ci ty Engineer Whisker stated that the one -lot subdi vision is located
south of Dr. Collins Eye Center on North First Street . He stated that a
one-l ot subdivision is being platting to construct a larger eye clinic.
In response to a question posed by Alderman Wilson, City Engineer Whisker
related that if the owner of a tract of l and does not plat the entire
property at one time , then each time they want to construct a bui l ding ,
the property would need to platted for construction .
It was noted that the owner has been asked to p l at the entire tract,
rather than subdividing one lot at a time .
City Engineer Whis k e r related that of t en developers cite tax issues
regarding platted lots.
Alderman Wilson moved, seconded by Alderman Ray to approve the final plat
of First Place Commercial Park Phase II.
Ci t y Engineer Whisker noted that the sewe r is to be constructed following
the final plat app r oval, saying that it is similar to the stipula tions
carried with the Oak Ridge Ranch Subdivision. He related that the
building permit would be stamped "not a l l utili t ies availab l e" and the
Sewer Department has agreed to those terms.
At this time, MOTION CARRIED.
4
000070 .
b . ORDINANCE 1184 (#14-02)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2002
7 :00 P.M. -7:33 P.M.
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : PROPERT Y LOCATED AT THE REAR OF 723 SCHOOL DRIVE,
JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE
LAND USE MAP OF THE CITY OF JACKSONVILLE , ARKANSAS; AND, FOR OTHER
PURPOSES .
City Engineer Whisker stated that the triangu l ar shaped property is
located behind Sch ool Drive beside Whit Davis, adding tha t the property
fronts Hwy 1 61 near the Crowd er Upholstery shop . He noted that the
property was previously used t o be a trailer park , noting that the owner
Mr . Davis plans to construct a sto r age facility for Whit Davis Lumber
Company also located on School Dr i ve . He related that the proposed
zoning change is from R-7 to C-4.
Alde rman Elliott moved, seconded by Alderman Wilson that Ordinance 1184
be placed on FIRST READING. ROLL CALL: Alderman Elliott, Smith , Lewis,
Sansing , Ray, Wi lson , Fletcher, Twitty and Howard voted AYE. NA Y (0}.
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1184.
Alderman Smith moved, seconded by Alderman Sansing that Ordinance 1184 be
p laced on FIRST READING. ROLL CALL: Alderman Elliott , Smith , Lew i s ,
Sansing, Ray, Wilson , Fletcher, Twitty and Howard voted AYE. NAY (0}.
MOTION CARRIED.
Alderman Fletcher moved , seconded by Alderman Lewis that Ordinance 118 4
be placed on SECOND READING. RO LL CALL: Alderman Elliott , Sm ith, Lewis,
Sansing , Ray, Wilson, Fletcher, Twitty and Howard voted AYE. NAY (0}.
MOTION CARRIED.
Alderman Elliott moved , seconded by Alderman Smith that Ordinance 1184 be
placed on THIRD READING. ROLL CAL L: Alderman Elliott , Smith, Lewis ,
Sansing , Ray , Wilson , Fletcher , Twitty and Howard voted AYE. NAY (0}.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to attach the EMERGENC Y
CLAUSE to the Ordinance 1184 . ROLL CALL : Alderman Elliott, Smith , Lewis,
Sansing, Alderman Ray, Wilson, Fletcher , Twitty and Howard voted AYE . NA Y
(0}. MOTION CARRIED.
GENERAL : a. Set Public Hearing : Abandonment of unused water easement
Mayor Swaim stated that the City owns 70 acres of property on General
Samuels Road that is bordered to the south by Vertac, General Samuels to
the north, with property belonging to a local church on the east , and the
ra i lroad track to the west. He related that the r e is a 12" sewer line
that transverses the property at an angle , adding that the line is old
and leaked. He related that the City has received a grant and is hoping
to sel l the property for industrial use. He pointed out that the
easement needs to be closed through a publi c hearing process , so the
property can be sold.
5
000071
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2002
7:00 P.M. -7:33 P .M.
Alderman Wilson moved, seconded by Alderman El.liott to set a publ.ic
hearing for October 17, 2002 at 7:00p.m . regarding the abandonment of
the unused water easement . MOTION CARRIED .
b . RESOLUTION 567 (#12-02)
A RESOLUTION EXPRESSING ACCEPTANCE,
DEVELOPMENT AND TRANSFER AGREEMENTS
AUTHOR! ZATION, AND
REGARDING VARIOUS
SUPPORT FOR
RESIDENTIAL
PROPERTIES IN SUNNYSIDE ADDITION WITH NON-PROFIT AGENCIES; AND, FOR OTHER
PURPOSES.
Alderman Lewis moved, seconded by Alderman Wil.son to Read Resolution 567 .
MOTION CARRIED . Whereupon City Attorney Bamburg read the title of
Resolution 567 .
Mayor Swaim explained that over a number of years t he City acqui r ed lots
in the Sunnyside Addition through condemnations , as well as property
donat i ons. He related that the City rece ived a gran t t hrough the home
program and built four new homes in the area , but added that costs to
build a new home in t h e area made it very di f ficult to sell . He pointed
out that the City mainta i ns the lots unti l sold . He stated that i t has
been a City goal to improve the Sunnyside Area , pointing out that t hrough
contact with non -profi t organizations such as Habitat for Humanity and
one of the loca l churches , they are trying to start a Community
Deve l opment Corporation to help revitalize t he area. He stated that
becau se the City does not have the funds , it would like to expend, to
build new houses he is recommending that the Counci l allow the City to
enter into specific contracts with non-profit organizations regarding new
home cons t ruction . He stated that the contracts could only be extended
for Non -Profit purposes and would have to provide housing f or low to
mode r ate income families. He related that t his would allow new home
construction on otherwise vacant l ots in the S u nnyside area to improve
the neighborhood.
In response t o a question posed by Alderman Wi l son , Mayor Swaim r e l ated
t hat the specific purpose of Resolution 567 is to address the lots, but
added that there i s some flexibility to allow for a similar contract
regarding the remodeling of homes acqu i red by the City .
Alderman Ray moved , seconded by Alderman Smith to approve Resol.ution 567
in its entirety. MOTION CARRIED.
APPOINTMENT; Al.derman Elliott moved, seconded by Alderman Smi t h to
appoint Mr. Jody L. Urquhart to the Sewer Commission for an appointment
to expire 4/20/2006. MOTION CARRIED .
Mayor Swaim noted that a former long-time Alderman , Mr . Joe Wil l iamson
had passed away. He extended condolences t o t he family.
Director of Administration Mr . Murice Green requested a volunteer from
the Council regarding a commit tee to revise the Comprehensive Development
Plan . He related that the plan had not been updated for fifteen years,
6
000072
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 19, 2002
7 :00 P.M. - 7 :33 P .M.
adding that the Committee is seeking a volunteer from the Planning
Commiss i on and the Ci ty Council. He stated that the next meeting is
scheduled September 26th , at 1:00 p .m.
Mayor Swa i m stated that the preliminary work is completed , and that most
of the in formation has been prepared for a survey that is ready to be
mailed. He stated that the update is necessary to p r ovide a l ong-term
Comprehensive P lan and agr eed that the Council should have input.
Alderman Howard volunteered to work with t h e Comm i ttee .
Chief Ruthven asked to be recognized . He then related t h at as a member
o f the Central Arkansas Law En f orcement Senior Officers/Chiefs , he was
asked to speak to the City Council regarding the proposed tax increase
fo r the Ge neral Election in November. He rel ated t hat ~ of one -cent is
proposed for the Jail Faci lity , po inting out that if the proposal passes
the City would no l onger pay $125,000 annual l y as its fai r share
regarding expenditures for the Jail . He stated t hat if the proposal
fails t h e Jail will i mmediately c lose 160 bed spaces and eventually 320
from the 1 1523 total. He stated that as the senior l aw enforcement
official , what that means to him is that they wi ll not be able to
incarcerate people who they norma l l y would . He then sta ted that once
people who owe f i nes , realize that i f they do not pay, they will not be
i ncarcerated due to the lack of space , it wi ll decrease the amount of
revenue to the City r egardi ng unpa id fines.
Mayor Swaim related that a support Resolut i on i s being prepared for
presentation to the Council at the n ext r egularly scheduled meet ing. He
noted tha t particulars will be discussed with the presentation of the
Resolution . He agreed that the proposed tax for t he Jai l would affect
t he manner in whi c h crimina l s are deal t with if the tax does not pass.
Al derman Smith n oted that a portion of the prop osed tax increase is
slated to help fu nd an education center.
Mayor Swa im stated t h at a portion has verbally been pledg ed t o the
education center and also infrastructure.
Alderman Ray stated that he has been approached, regarding the renaminq
of Hospital Circle to Veterans Circle a n d wou ld be prepared to addr ess
the issue at the nex t regular l y schedul ed Ci ty Counci l meeting.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7:33
p .m .
Respectfully ,
7
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
1. OPENING PRAYER:
2. ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA
6 . WATER DEPARTMENT:
October 3, 2002 7 :00 P.M.
Regular City Counci l Meeting
September 19, 2002
Regular City Council Meeting
September 5 , 2002
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12 . PARKS & REC DEPT:
13 . PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNME NT
a. RESOLUTION 568 (#13-02)
Expressing Opposition of
Amendment Three
(Mayor Swaim)
b. Request to Accept Bid : Demolition of
Condemned houses (Mayor Swaim)
c . Merge three checking accounts
(Mayor Swaim)
d . RESOLUTION 569 (#14-02)
Supporting County-wid e Improvement
Program (Alderman Wilson)
e. DISCUSSION : Street name change
(Veterans Circle) (Mayo r Swaim)
000073
0000 74
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3 , 2002
7:00 P.M. -7:56 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNI CIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on October 3, 2002 at the regular meeting place of the Council.
Al de rman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance " to t he flag.
ROLL CALL : Aldermen: Elliott, Smith, Lewis , Sansing, Ray , Wilson, Fletcher,
Stroud , Twitty , and Howard answered roll call. Mayor Swaim also answered
ROLL CA LL declaring a quorum. PRESEN T ten (10), ABSENT (0 ).
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Teresa Carter, Human Resource Director Charlie Brown, City Engineer
Jay Whisker , Public Works Direct o r Jimmy Oakley , Finance Director Paul
Mushrush , CDBG Director Theresa Watson , Pol i ce Captain Ma rtin 1 Fire Chie f
Vanderhoof 1 Parks and Recreation Director George Biggs, Mrs . Judy Swaim1
Mrs. Edith Smith , Mrs. Lindy Lewis , Mr . Larry Smith, interested citizens
and members of t h e press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Meeting of
September 19 , 2002 for approval and/or correction at the next Regularly
Schedu le d 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 5 September 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA:
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL: a. RESOLUTION 568 (#13-02)
A RESOLUTION EXPRESSING OPPOSITION TO PASSAGE OF PROPOSED AMENDMEN~l'
THREE; AND, FOR OTHER PURPOSES.
Mayo r Swaim r elated tha t the Resolution was discussed at the previous
meeting and recommended by Chief Ruthven . He related t he diffi cult i es
regarding mainta ining pr isoners in the jail and funding issues .
Alderman Wilson moved, seconded by Alderman Ray to Read Resolution 568.
MOTION CARRIED . Whereupon City Attorney Bamburg read Resolution 568 i :n
its entirety .
1
000\}75
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2002
7 :00 P.M . -7:56 P .M.
Alderman Sansing moved , seconded by Alderman Smith to approve Resolution
568 .
It was noted that the amendment h as not yet been certified to be on the
November ballot .
Alderman Stroud re l ated that if the amendment passes , cities wil l have to
cut services or raise taxes. He stated that cities without a food tax
receive revenue from higher costs regarding car tags and property tax .
He then related that Judge Villines has pointed out that the Libertarian
Party is suppose to be helping the low-income citizens , but added that
low-income citizens using food stamps do not pay sales tax on food items.
At this time, MOTION CARRIED .
b . Request to Accept Bid for the Demolition of Condemned Houses
City Engineer Whisker re l ated that the owners of 212 Eas t Main had began
demolition just prior to it be i ng condemned, but have since stopped work.
He s t ated that he has never received a response f rom the owners of 103
Cross Street , and reminded the Council of Mr . Larry Smith's s i tuation at
107 Rooseve l t Circle. He t h en stated that the condemnation process began
approximately eight months ago, pointing out that two weeks prior to the
condemnation being brought to the Counc i l Mr . Smith began work at 107
Rooseve l t Circle , but stopped shortly thereafter. He presented
photographs to the City Council regarding 107 Roosevelt Circle ,
explaining improvements and noting the removal of asbes t os, new siding at
the rear of the home and bracing to hold the roof structure . He also
not e d building materials that are s t ored in the hou se . The City Council
viewed photographs of rotted wood around the house and a hole in the
roof. He stated that Mr . Smith is approximately 25% complete over the
eight months since the process began.
In response to a question posed by Alderman Stroud , City Engineer Whisker
related that rotten wood had been uncovered regarding places Mr . Smith
had repaired .
Alderman Fletcher stressed the need to have repairs inspected as
completed, mention i ng the repercussions if the h ouses were sold with
rotted wood in the walls . He noted it as a dangerous situation and
presented the possibility of fatalities if the ceiling were to cave in .
City Engineer Whisker agreed , saying that other homeowners who have
attempted to repair their houses have done so without a building permit
in the past, but added that the future letters regarding home repair will
require a building permit as part of the procedure .
Discussion e nsued regarding the removal of asbestos according to state
guidelines, and City Engineer Whisker stated that it is his belief that
if a homeowner is doing the removal himself there are different
guidelines .
2
000076
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3 , 2002
7:00 P .M . -7 :56 P .M.
Mayor Swaim invited Mr. Larry Smith to address the City Co unci l.
Mr. Smith stated that rotten wood found beneath the repairs is an
inaccurate statement. He stated that he has replaced the insulation and
studs . He added that o n the east side o f the house there is insulation,
but he had to leave because of his brothers death, but stated that
everyplace else there is new structure unde rneath. He stated that the
reason h e stopped work was because the door was kicked in. He stated
that he had received a le tter from City Engineer Whisker and he is
s uppos ing that is how City Engineer Whisker gained entrance. He stated
that he was at the house to c ut the grass today as he does every two
weeks and noted that the door had been kicked in again. He added that
the bottom o f the door is now broken. He stated that in order to build a
new roof he h as t o repair the walls first, adding he had explained that
to City Engineer Whisker. He stated that he had also explained to the
City Counc il that he had major surgery and was not able to get the work
done quickly .
In response to a question posed by Alderman Fl etch er , Mr . Smith related
that he has expended approximately $2,000 .00 for building materials .
In response to a question posed by Alderman Stroud , Mr . Smith stated that
he continued to work on the house even though it had been condemned
because he was told by the City Council to do so.
Alderman Stroud stated that h e was asked to finish the house before it
was condemned .
Mr. Smith disagreed, saying that he was given time .
Alderman Stroud p ointed out that the hou se was under the condemna tion
procedure, adding that the City Council approved condemning the house and
bids were prepared for the demolition .
Mr. Sm ith stated t hat he continued to wor k on the house after the
condemnati on because it had not gone to court. He explained that the
City Council can de cla re the house a nuisance , but the Court has to
specify that.
Alderman Stroud corrected Mr. Smith saying that the City Co un c il can
con demn the structure after being declared a nuisance.
Mr. Smith stated that he can only go by what the l aw says , adding thai:
Alderman Stroud is suggesting that he stop the work, but City Enginee:~
Whiske r suggested that he cont inue.
Ci ty Engineer Whisker explained that the condemnation letter offers th1:!
homeowner 45 days to complete all repairs and bring the h ome up to code,
fo l l ow ed by bids to demolish if repai rs are not completed.
3
000\}77
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2002
7 ;00 P .M. - 7 :56 P .M.
Discussion ensued regarding a CDBG grant and it was noted that the prior
house owned by Mr . Smith did not qualify for CDBG funds . Mr. Smith then
stated that he did not apply for CDBG fund for 107 Roosevelt Circle
because he was working on the house and there was no need. He stated
that he had gotten a building supplier to finance all the building
materials so he did not need a CDBG grant.
In response to a question posed by Alderman Fletcher , Mr . Smith stated
that he would have been almost finished with the house if his door had
not been kicked in. He stated that in the first week of August, the door
was kicked in by a City employee . He added that the employee was seen
kicking in the door.
Discussion ensued regarding Mr. Smith filing a warrant. Mr. Smith
explained that the Police Officer and the Police Department refused to
make a report .
Mayor Swaim related that there was a request for access to the property.
City Engineer Whisker stated that he sent Mr . Smith a letter requesting
access to the property since the condemnation had ta k en place to review
the inside of the house . He stated that apparently the requested date
was the same day as his brother 's funeral, he related that access was
ga i ned by kicking in the door. He stated that again today entry was
gained in the same manner to provide photographs to the City Co u ncil.
Alderman Ray moved to accept the l ow bid from Environmental Protection
Associates for a total price of $14,445 .00 for the demolition and
asbestos removal of structures located at 107 Roosevelt Ci rcle , 212 East
Main Street , and 103 Cross Street .
Mayor Swaim recognized Mr . Smith to finish speaking .
Mr. Smith reminded the City Council that when they took office they swore
to uphold the Constitution , adding that he is a citizen of the United
States and that all he is asking for is equal justice under the law. He
stated t hat City Council, regardless of what Mr . Bamburg or himself may
say , should know what the condemnation process is. He stated that he has
tried to work with the City to get financing before and was told lies.
He added that in response to the question of why he did not go through
CDBG funds, he had tr i ed on the first hous e .
Discuss i on ensued and Mr. Smith stated that he stopped work on the house
when his door was kicked in and could not get protection from the Police .
He added t hat if he had continued he would be almo st finished.
City Attorney Bamburg reminded the City Council that the ordinance passed
on June 6 , 2002 condemned this property along with several o t hers. He
stated that two owners were granted 45 days to bring their prope rty up to
Code and that City Engineer Whisker sent a letter to those prop erty
owners providing that informa tion. He stated that Mr . Smith has been
present at each Council meeting since that t i me and is aware of any
4
oooo·78
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3 , 2002
7:00 P.M . -7:56 P.M.
discuss i on . He stated that a second letter sent in Ju l y i n formed
property owners that it was addressed at the July 18t h meeting and that
there had not been suff i cient r epairs to bri n g the house up to Code and
the Council voted to uphold and proceed with the condemnat ion process .
He stated that a notice was sent to Mr. Smith on July 25t h informing him
that any personal property items needed to be removed from the house by
August 11t h . He stated that Mr . Sm i th was again sent a letter September
20th informi n g him that it wou l d be addressed at tonig ht 's meeting. He
related that the condemnation process under t he State Statute allows the
Counc i l to make and act upon declarations of condemnation by hav i ng the
struct u re demol i s h ed , repaired or wh atever action t he City Council deems
appropriate .
Mr . Sm i th questioned if that can be done without a judi cia l review .
City Attorney Bambu r g a f firmed that City Council has the auth o r i t y .
Mr . Smith s t ated that if there is n e ver a judici a l revi ew, then the City
Coun cil could do whatever they wanted. He stated that there has to be a
jud icial review or he has not been given due process of law .
In response to a question from Alderman Fletcher , Mr. Smith stated that
if it takes going to court , that is what he has been trying to do .
Discussion ensued regarding the amount o f time to complete the work.
Mr. Sm i th stat ed that he cou l d have the house completed in 90 days ,
adding that he has not been able t o work . He stated that he could
unders t and the forty-five day extension if h e had been physically abl e to
do the work at the time it was offered . He stated that he made that
known, and had told Mr. Wh i sker in every letter he wrote that the medical
records would prove that . He stated that he had major sur ge r y and that:
it was not something he had any control over .
Alderman Fletcher related that on J une 6th he had been wi l l i ng to help,
but added that Mr. Smith has made it di f ficult to defend h i m when in the
las t t wo mon t hs there has been no work on t he h ouse and the only excuse
offered is that somebody kicked the door in . He stated that he could not:
understand that , being in the construction business he would have made
the needed r epairs and continued the wor k .
Mr . Smith again stated that if he h ad been protected when the door was
kicked i n he would have felt more comfortabl e do i ng the work , but added
that neither the Po l ice Officer or the Police Department was willing to
make a report. He related that he had presented the Police with the
letter and wa s told there is nothing that could be done.
Discussion regarding time and the amount of work produced .
Alderman Elliott seconded the motion made by Alderman Ray.
5
OOOD"79
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3 , 2002
7 :00 P .M. - 7 :56 P .M.
Mayor Swaim stated that the demolition of 107 Roosevelt would cost
$2,094.00 and $1 968.00 to remove the asbestos . He added that the City
would like not to have to expend that money if something feasible could
have been worked out .
Alderman Smith seconded by Alderman Howard called for a question to the
motion. MOTION CARRIED .
At this time , MOTION CARRIED for the previous motion with Alderman
Fletcher voting NAY .
c . Merge three checking accounts
Mayor Swaim related a request from Finance Director Mushrush to combine
three checking accounts in the interest of efficiency.
Mr . Mushrush stated that the software upgrade has allowed for more
efficient changes . He stated that Federal and State guidelines mandate
what accounts must b e handled separately and that he woul d like to merge
three special revenue funds into a single checkin g account. He named the
accounts as 911 Ope r at i ng Fund , LOPFI Subsidy , and the Ambulance Service .
Alderman Smith moved, seconded by Alderman Wilson to Merge the 911
Operating Fund, LOPFI Subsidy Fund, and the Ambulance Service Fund.
Mr . Mushrush noted that the new name of the account would be titled
Special Revenue Funds .
At this time, MOTION CARRIED .
d. RESOLUTION 569 (#14-02)
A RESOLUTION EXPRESSING SUPPORT FOR THE COUNTY WIDE IMPROVEMENT PLAN TO
BE PRESENTED ON THE NOVEMBER 5, 2002 GENERAL BALLOT ; AND, FOR OTHER
PURPOSES.
Alderman Wi l son familiarized the Co unci l r egarding four issues slated for
the November bal l ot , pointing out that the Quorum Court has placed the
items on the ballot to offer citizens in Pulaski County an opportunity to
vote for progress or continue to manage services with the present funds .
He stated that voting for t he issues is a step forward , by providing
proper funds to operate the Pulas ki County J ail , create funding for
Capi tal Improvements for cities and Pulaski County on a per capita basis,
improve programs for higher education , and provi de necessary funding for
Central Arkansas Transit. He stated that passage of the amendments would
have a posit ive effect for the Communit y , so he is encouraging voters to
support the County Wide Improvement Plan.
Alderman Wilson moved, seconded by Alderman Ray to read Resolution 569.
MOTION CARRIED. Whereupon City Attorney Bamburg read Resolution 569 in
its entirety .
6
OOQOSO
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2002
7 :00 P .M. - 7 :56 P.M .
Justice of the Peace Mr. Dennis Sobba encouraged support of the County
Wide Improvement Plan, saying t hat County budget meetings have been
suspended pending the election outcome . He pointed out that J udge Gray
has suspended the use tax, and that the food tax is uncertain, adding
that if the Improvement Plan does not pass the County would not have
necessary funding. He went on to say that if the Supreme Court supports
Judge Gray's ruling in the use tax case, then it would become retroactive
cost ing millions of dollars.
Alderman Wilson stated that it is not a secret that the crime rate in
Pulaski County has gone down, due in part to the fact that there is a
larger jai l to hold criminals. He related that without proper funding ,
we are in jeopardy of having to turn crimina ls l oose. He stated that h e
did not feel that the citizens would desire that alternat i ve, adding that
proper funding for the jail is imperative.
Alderman Fletche r recalled the many years of effort to obta in a new
County Jail Faci l ity , saying that it is hard to think about shutti ng part
of it down because there will not be proper funds to operate o r maintain
it. He questioned Mr . Sobba , saying that aside from the use tax and
sales tax issue, how much of the Pulaski County Jail would close if the
County Wide Improvement Plan does n ot pass.
Mr. Sobba responded that i t would depend on budget restraints , saying
that possibly 1/3 of the jail could be affected .
Alderman Ray moved, seconded by Alderman Howard to approve Resolution
569. MOTION CARRIED.
e . DISCUSSION : Street Name change for the Veterans Monument Circle Area
Alderman Ray relat ed that there has been interest to rename a portion of
Hospital Boulevard/Circle around the monument area , point i ng out t h at the
Museum will also be l ocating in that area. He proposed that the name be
changed to Veterans Circ l e.
It was noted that the name change would affect only two addresses.
Mayor Swaim stated that if it is the consensus of the City Council to
rename a portion of Hospital Boulevard/Circle to Veterans Circle a n
ordinance can be submitted for consideration at the next regularly
scheduled City Council meeting . He asked that City Engineer Whisker
contact the prope r ty owners affected by the address change.
Mr. Sidney Gray of the signs and signal section related problems for the
Post Of fi ce associated with costs , suggesting that the City contact the
Post Office regarding the name change .
Mayor Swaim point ed out t h at the City has changed a street name in the
past , adding that there would only be two addresses af f ected by the name
change .
7
-
000031
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2002
7 :00 P .M. -7:56 P.M.
It was the general consensus of the City Council to proceed with the name
change of a portion of Hospital Boulevard/Circle to Veterans Circle.
John Harden and T .P. White Intersection
City Engineer Whisker related that the signals did not conununicate
ideally, but the Arkansas Highway Department has returned to make
adjustments and it is believed that the problems have been corrected. He
went on to say that he observed the intersection at high traffic times
and did not observe a major backup. He related that Sid Gray has done
most of the work and has done a great job.
Mayor Swaim related delays when the signalization was not working
properly, but added that it has since been better. He related that he
and City Engineer Whisker have observed the intersection to assure it is
working properly. He related that t iming changes were researched to
allow better flow during increased times of traffic. He noted that the
intersection is consistently busy because of its locat i on. He stated
that other solutions to help as suggested by the Arkansas Highway
Department is to make the access roads one -way. He stated that another
solution would be an over-pass at Gregory and one in proximity to
Northeastern and Quince Hill, but are multi-million dollar solutions. He
explained that along with progress traffic increase s , pointing o u t that
the City 's main concern is to address safety factors.
Alderman Fletcher questioned the possibility of h aving an exit north of
Madden Road.
Mayor Swaim stated that the Arkansas Highway Department offered that in
the past, noting that the costs to the City ten years ago would have been
approximately $420,000.00. He stated that the closest poss i bility would
be to move the off-ramp at Acklin Ford further down to prevent congestion
trying to get onto the Freeway. He expla ined that the option of an off-
ramp would be less costly regarding State requirements involving the
re location of the access road .
In response to a conunent from Alderman Howard , Mayor Swaim addressed the
effect of loosing tax dollars regarding plans for the new s winuning poo l.
He clarified that he had stated to the media that the swinuning pool
project, like all other Capita l Improvement projects, would be funded
based on available funds in the future. He related that currently the
project is in the bid stage . He added that while the City would not want
to loose grant funds for the project, it would not be possible to move
forward regarding the l oss of food tax. He stated that the City would
need to at least maintain the level of income it has currently . He
stated that the City would be faced with a 20% across the board budget
cut regarding the loss of sales tax and food tax. He stated that the
loss of food tax would constitute a 30% l oss of revenue, adding that
the r e is no tax available to replace it at this time.
I n response to a comment from Alderman Fletcher, Mayor Swaim stated that
he did not want to begin addressing issues involving personnel cuts from
the P o li ce Department or Fire Department regarding l ost tax revenues.
8
ooo osz
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 3, 2002
7 :00 P .M. -7 :56 P .M.
He went on to say that whi l e other cities have done that, the City of
Jacksonville i s going to fund its budget as best as possible and then
during the year work within the system to replace lost revenues. He said
he feels t hat if the food tax does make the November ballot there would
be a strong effort to defeat the issue . He re l ated that the Municipa l
League is c i rcu lating information and i n vit ing constituents to attend
their meeting October 9th at 11 :00 a .m. a t t h e Riverfron t Park . He stated
that it may be difficult, but every effort will be made to keep all
employees and continue providing the same leve l of City service.
Wing Ding Festival
Mayor Swaim encouraged attendance regarding the Wing Ding Festival the 5th
and 6 t h of October.
Mayor Swaim then noted that the City of Benton is converting its access
roads to one -way.
City Engineer Whisker related on that same note , t h at Oak and Elm Streets
would become one -way streets as of October 1 4 . He noted that Elm Street
would be two lanes n o r th from Main to Graham and Oak Street would be two
lanes going sou th f rom Graham to Main Street.
Mayor Swaim updated the Counci l regardi ng the Overpass , relating that
Second Street should open soon .
City Engineer Whisker added that the asphalt is be i ng laid on Oak Street
followed by Second Street. He related that the projected opening date is
by the end of October. He pointed out that the bridge would not be
opened by that time, but traffic can go to Second Street and make a left
turn to the Graham Road crossing.
Alderman Twitty noted for anyone wishing to volunteer, that setup for the
Wing Ding Festival will begin tomorrow at noon.
ANNOUNCEMENT :
ADJOURNMENT :
Mayor Swaim without ob j ection adjourned the meeting at approximately 7:56
p.m .
Respectfully,
~=t~~ MAYOR TO SWAIM
9
City Council Of Jacksonville , Arkansas
000033
AGENDA
Regular City Council Meeting
October 17, 2002 7 :00P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Animal Control)
(Engineering Department)
(Fire Department)
(Police Department)
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: 7 :00p.m.
15. APOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNM ENT
a .
Regular City Council Meeting
October 3, 2002
Regular City Council Meeting
September 19 , 2002
Regular Monthly Report/September
Public Works Director Jim Oakley
Regular Monthly Report/September
City Engineer Jay Whisker
Regular Monthly Report/September
Fire Chief Vanderhoof
Regular Monthly Report/September
Police Chief Ruthven
FINAL PLAT: Western Hills Subdivision PH II
b. ORDINANCE 1188 (#18-02)
Reclassifying Property at the Northeast
Corner of Harris Road
c. ORDINANCE 1189 (#19-02)
a .
Reclassifying 1117 C & D North First Street
PUBLIC HEARING:
ORDINANCE 1185 (#15-02) Abandoning
public right-of-way utility easement
b . ORDINANCE 1187 (#17 -02) Annual Millage 2003
c . ORDINANCE 1186 (#16-02)
Renaming a portion of Hospital Circle
to Veterans Circle
OOG03 ·ti
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. -8 :09 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the Ci t y of Jacksonville, Arkansas met in Regular
Session on October 17, 2002 at the r egular meeting place of the Council.
Alderman Lewis d elivered the invocation and Mayor Swa im led a standing
audi ence in the "Pledge of Allegiance" to the flag.
ROLL CALL : Al dermen : Elliott , Smith , Lewis, Sansing, Ray, Wilson , Fle tcher,
Stroud , and Howard answe r ed r o ll cal l. Mayor Swaim also answered ROLL CA LL
declaring a quorum . Al derman Twitty arrived at approx imately 7:04 p.m.
PRESENT ten (10 ), ABSENT (0).
Others present for the meeting were : City Attorney Robert Bamburg, Deputy
Cler k Teresa Carter , Director of Administr ation Murice Green, Human
Resource Director Charlie Brown, City Engineer Jay Whisker, Public Works
Director Jimmy Oakley , Finance Di rector Paul Mu shrush , CD BG Director
Theresa Watson , Pol i ce Chief Ruthven , Fire Ch i ef Vande rhoof , Parks and
Recreation Direct or George Biggs, Mrs. Judy Swaim, Mrs. Edith Smi th, Mrs .
Helen Stroud , Mrs . Li ndy Lewis, Mrs. Glenda Fletcher, Mr . Tommy Bond, Mr.
Glen Underwood, Ch amber of Comme r ce Director Bonita Rownd, Mr. Michae l
Hall, Mr . Larry Sm i t h, interested citizens and members of t h e press.
GENERAL : a. PUBLIC HEARING 7:00 P.M.
ORDINANCE 1185 (15-02)
AN ORDINANCE ABANDONING A PUBLIC RIGHT-OF-WAY EASEMENT LOCATED SOUTH OF
GENERAL SAMUELS ROAD , JACKSONVILLE, ARKANSAS (GENERAL LOCATION :
INDUSTRIAL PROPERTY SOUTH OF GENERAL SAMUELS ROAD BETWEEN MARSHALL AND
REDMOND ROADS) ; AND , FOR OTHER PURPOSES .
Mayor Swaim opened the public hearing at approximately 7 :04 p.m . and
related that Ordinance 1185 addresses the abandonment of a 12" waterline
that is no longer used . He related that the waterline transverses
property belongi ng to the City , adding t hat in order to deve l op the
property, the waterline needs to be legal l y abandoned . With no one to
speak in o pposition, May or Swaim closed the pub l ic hearing at
approx i mate l y 7 :05 p.m.
Alderman Elliott moved , seconded by Alderman Smith that Ordina n ce 1185 be
placed on FIRST READING. ROLL CALL : Alderman Elliott, Smith , Lewis ,
Sansing , Ra y , Wilson, F letcher, Stroud, Twitty and Ho ward voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorne y Bamburg read the heading
of Or din ance 1185 .
Al derman Stroud moved , seconded by Alderman Wilson tha t Ordinance 1185 be
APPROVED on FIRST READI NG . ROLL CALL : Alderman Elliott , Smith, L ew i s ,
Sansing , Ray , Wil son , Fletcher, Stroud , Twitty and Howard voted AYE . NAY
( 0) • MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis that Ordinance 1 1 85 be
p l aced on SECOND READING. ROLL CALL : Alderman Elliott, Sm ith , Lew i s ,
Sansing , Ray, Wi l son , Fletcher, Stroud , Twitty and How ard voted AYE. NAY
(0). MOTION CARRIED .
1
ooooss
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. -8:09 P .M.
Al derman Stroud moved, seconded by Alderman Ray that Ordinance 1 185 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman Elliott , Smith,
Lewis, Sansing , Ray , Wilson , F letcher, Stroud , Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED.
Al derman Stroud moved , seconded by Alderman Lewis that Ordinance 1 185 be
APPROVED AND ADOPTED . ROLL CALL : Alderman E l l io t t , Smith , Lewis ,
Sansing, Alderman Ray , Wilson , Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1185 THIS 17 ~ DAY OF OCTOBER 2002.
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council Meeting of
October 3 , 20 02 for approval and/or correction at the next Regular l y
Schedu l ed City Co u nc i l 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 19 September 2002 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved , seconded by Alderman Wilson to approve the Regular
Monthly Report for September 2002. Said report reflects :
ADOPTION/FINES : $725 .00
CONTRIBUTIONS : $ 10.00
TOTAL : $735.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ray moved, seconded by Alde rman Wilson to approve the Regular
Monthly Report for September 2002 . Said report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business Lice ns e
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
13
9
77
25
1 7
Trash Removal
Cost fo r Sept.
0
$821.11
2
INSPECTIONS PREFORMED
Building Inspect ions
HVACR
Electrical
Plumbing
VEHICLES
59
28
45
52
Notice of No n compliance 18
Towed 0
CONDEMNATIONS
Structural Ma i nt . Letters 0
Structural Repairs Made 0
Demo litions 0
OOOOS6
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17 , 2002
7:00 P.M. -8 :09 P.M.
Alderman Ray moved , seconded by Alderman Wilson to approve the Regular
Monthly Report for September 2002 from the Jacksonvi lle Fire Department,
which reflects a fire loss of $61,600, and a saving s total of $331 ,000 .
Chief Vanderhoof bri efed the City Council regarding a fire fatality of a
72-year-old res i dent at 2202 Brade n Street .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for September 2002. Said report reflects the Total Value
of Reported Stolen Property $40, 030, Total Value of Recovered Stolen
Property $21 ,611, and Total Report Sales $364 .00 .
ROLL CALL : Alderman Ell i ott , Smith, Lewis ,
Fletcher, Stroud , Twitty, and Howard voted AYE .
NAY (O). MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT :
PARKS & RECREATION :
Sansing , Ray , Wilson,
Motion received (10),
PLANNING COMMISSION: a . FINAL PLAT Western Hills Subdivision PH II
Alderman Wilson moved , seconded by Alderman Ray to approve the Final Plat
of Western Hills Subdivision PH II . MOTION CARRIED .
b. ORDINANCE 1188 (#18-02)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY LOCATED AT THE NORTHEAST CORNER OF HARR I S
ROAD AND GENERAL SAMUELS, JACKSONVILLE , ARKANSAS); AMENDING ORDINANCE
NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE ,
ARKANSAS ; DECLARING AN EMERGENCY ; AND, FOR OTHER PURPOSES.
Alderman Ray moved , seconded by Alderman Wilson that Ordinanc e 1 188 be
placed on FIRST READING . ROLL CALL: Alderman Elliott , Sm ith , Lewis ,
Sansing , Ray , Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading
of Ordinance 1188.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1188 be
APPROVED o n FIRST READING .
Alderman St roud stated that it is not his intent to impugn or disparage
the integrity o f the Planning Commission, addi ng that they do a good job
assuring that everything i s legal and aboveboard. He stated that the
3
00003?
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
OCTOBER 17 , 2002
7 :00 P .M. -8 :09 P.M.
present Commission is the best he has observed over the past twelve years
and pointed out that they are doing things that should have been
addressed twenty-five years ago. He then related his concern for the
lack of planning regard ing the futur e direction or "vision" of the Ci ty.
He then questioned if a direction or vision had b e en imparted to the
Plan ning Commission, saying that it is Ci ty Council's responsibility to
set a course for community development to be carried out by the Pl a nning
Commission.
He stated that it is also not his intent to d iscourage developers or
builders, but related that problems occur when developers want to deve lop
that which runs contrary to the visions o f City government . He pointed
out that since there is no consensus regarding a vision, we often find
ourselves in a dilemma. He stated that he opposes the rezoning, because
Jacksonvi lle rental property is already disproportionately h igh. He said
that rental p roperty is approximately 52% of City housing. He added t hat
Jacksonvil l e rental propert y is almost twice that of a ny other city in
Arkansas and almost three times the average for the St ate. He stated
tha t in his opinion, building apartment s at this t ime is not in the best
interest of Jacksonville 's fu t ure .
He referenced the sketch plat for Crooked Creek Subdivi sion, saying that
present housing needs of the City is white-collar executive type workers,
which would be $150,000 to $300 ,000 houses. He s t ated that the lots for
Crooked Creek are too small . He questioned how the City could impart a
s trong desire for more upscale housing to t he builders. He r e l ated that
it is city governme nt s ' respons i bilit y to plan for housing that will
provide for all of its citize ns , which means starter families up to white
co l l ar , high salaried wor ke rs . He related that the City has not done a
very good job of that and that higher paid executives have to go to Cabo t
or Sherwood to find a h o use . He stated that f or t h ose re asons he is
prepared to vote against the ordinance .
Al d erman Wilson pointed out the property 's long and narrow s hape,
questioning its highest and best use from a planning standpoint.
Ci ty Engineer Wh i sker answered that multiple driveway access ont o a major
inters ection wo uld n ot be des i rable from a planned sta ndpoint , addi ng
t hat typically its b est use i s multi-f ami l y or commercial.
Alde rman Sansing e xpressed conce rned for an apartment development t hat
wou ld abut t h e Elementary Sch ool property .
Alderman Fletcher r elated that by evidence of the number of residents i n
the audience , n o t at the Planning Commission public hearing, the City is
not doing a n adequa t e job advertising for publi c awareness . He
comp l imented Mr . Underwood on the newly developed Parkview Subdivision .
He added that while he is excited as a general contractor at the prospect
of having 161 new lots to d eve l op , Mr . Smith has purchased the 65-acre
parcel di rect l y across the street fo r r es i de ntial developme n t . He
p o inted out that in approx imately two years there could be a n additiona l
500 cars adde d to the area traff ic. He voiced concern t hat the
4
000038
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. - 8 :09 P.M.
intersection at Harris and General Samuels will be impossible to
navigate , pointing out a traff i c fatality in the area . He related that
the area is a perfect opportunity for the City to exercise controlled
growth . He related that he had lived i n a residential area that feature d
apartments for 1 8 years before moving to F ai r Oa k s Subdivis i on , adding
that he does n ot feel there should always be apartments in r es iden t ial
areas . He stated that he can understand Mr. Underwood's desire to obtain
maximum use o f the enti r e property, but added that a nice subdivision is
p l anned for most of the property . He expressed concern regarding
apartments being located in close p r oximity to a school , addi ng that he
is going to vote against the rezoning because he believes the City has
too many apartments. He stated that houses not apartments attract young
families , which is what helped Conway , Cabot , a nd Benton grow. He
re i terated that he feels young families want houses , saying that the City
needs to stay focused in that area.
Alderman Lewis related t hat he had received a complaint that there was
not enough publi city, adding that the caller related that he was unaware
unt il yesterday t h at it was being brought before the Ci t y Counci l.
Mayor Swaim n oted tha t in accordance with the current Ordinance and State
guidelines the publ ic hearing was advert ised in the local paper , adding
that area residents could also have learned o f the rezoning by dri ving
through the area.
In response to a question posed by Mayor Swaim , City Engineer Whisker
related that the sign has been posted for appr oximately two weeks prior
to the publ i c hearing and i s s t ill posted on the property .
Mayor Swaim related that the same procedure has been followed s~nce
adoption of the Ordinance. He then voi ced concern that many residents
may not read the l ocal papers, but added that the City i s amenable to
amending the requirements . He pointed o ut that the rezoning i ssue was
first ment i oned at the P l anning Co mmi ssion meet ing prior to the
subsequent publi c hearing. He then noted t h at that the i tern was
anno unced for the next Planning Commissio n meeting providing a mon th's
n otice and that no opposition was present for t h at mee t ing. He added
that during this time it was adverti sed in the paper and posted by l egal
requirement.
Alderman Fletcher suggested increasing the rezoning fee to cover a direct
mailing cost to the closest 100 people to any proposed rezoning. He
po i nted out that residents l iving in Pennpointe, Fair Oaks, Bushwood and
Tara Mount wou l d not have seen the sign posted o n the property unless
they went out of their way to go down General Samuels. He related that
the rezoning s ign might also have been obscur ed by campaign signs in the
area. He mentioned the possibility of using advertising airtime allotted
to the City by Comcast along with posting a s i gn at the c l osest
intersection to the property and a larger sign on the actual property .
5
-
OOO GS9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. -8 :09 P .M.
He related that a rezoning off Loop Road affected Foxwood res idents, but
99% of the residents never passed the rezoning sign because their normal
route did not take them across the ra i lroad tracks. He s tated that
better methods should be eva luated for communicat i ng t hat type of
i n fo rmation . He mentioned the possib l e u se of the electronic billboard
to a id in those efforts .
Mayo r Swaim stated that guideline s are being f ol l owe d as presc r ibed by
State law , noting t h at t h e Ci ty Counci l can p r opose a n ordi nance to amend
the adver tising and posting requi remen ts.
Alde rman Ray stated that he was at a meeting with l oca l landlords and
t hat they too had mentioned being unaw a re of the publ i c hearin g . He then
stated that t hey we re fe arful of the Planning Commi ss i on meet ing because
they had brought 300 names to the Planning Comm is sion a n d the P lann i ng
Commission did not hear them . He related t h at he had informed the group
that anytime res i den ts are not satisfied with the Planning Comm i ssion
procedure they can appeal t o the City Counc il. He stated t h a t he
presented the fact that it was a dvert ised in the l ocal paper, but the
group had said that they did not read it . He reiterated that t h ose
i ssues are brought before t he Ci ty Council for a final vote and the
citizens have that as an o ppo r tuni t y to b e fur ther heard . He then
pointed out that the re sidents related that they d i d not read the signs
that were posted. He explained t h at every year t h is happens where
re s idents have missed the pos ted sign, adding that the City ca n not be
held responsible if residents do not read the signs or the loca l
newspaper .
Dis cuss ion ensued regarding the 30 0 -name petitio n s u b mitted to the
P lann ing Commission , a nd Alderman Ray clarified that the l andlords
associat i on relat ed tha t a peti tio n was submitted regarding the proposed
apartme nt s f or Maddox Road .
Mayor Swaim noted that the petiti on was accept ed du r ing the public
hearing held by the Planning Commis sion , adding that the re had been much
d e bate regarding the i s sue including discuss i on at great l ength with the
City Counci l. He recognized Mr. Underwood and proj ect representative Mr .
Tommy Bond to address t h e Ci ty Council.
Mr . Bond presented the City Counci l with an overal l development pl an as
submitted t o the Planning Commi ssion in August. He related that t he p lan
as dis cussed at the Aug us t Planning Comm i ssion meeting i ndicates a
request t o r ezon e a portion of the property. He then r ela ted that the
rezoning reque st was submitted too late in August to be considered at the
September Pl a n n ing Commis sion me e ting and was scheduled fo r an Oc t ober
public hearing . He presented the overall sketch plat of the entire tract
of l and , point ing o u t that the Planning Commission a ppr o ved it . He
related that the property is slightly over 60 acre s , and that t he tract
f or rezoning i s 4.2 acres. He explained that the only reason the 4.2
acres is be i ng proposed for rez oning is because it does not l end itself
t o single-family housing , point i ng out that one end of the property is
1 20 feet de ep and the o the r at Harri s Road is 2 77 feet.
6
000090
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17 , 2002
7 :00 P .M. -8:09 P.M .
He explained that the property size would not accommodate a culdesac or a
design of an interior street similar to the concept a t Western Hills for
single-family development. He added that the concept was to reduce,
knowing how sensitive the Planning Commission has been to driveways on
major streets . He stated that it was decided that the best use for this
property would be to develop dup l exes with common parking to redu ce the
number of driveways onto General Samuels. He pointed out t h at the
proposed plan would create three driveways versus sin gle-fami l y lots with
fifteen driveways. He stated that it is not a concept that would degrade
the neighborhood , point i ng out that the land use-planning guide
recommends the property for commercial . He related that he and the
developer did not feel a commercial t r act was appropriate next to a
school and opted to go with mu l ti-family . He related that the proposed
development would have 40 units , pointing out that the zoni ng ord i nance
would allow for 91 units on a tract of land this size. He noted that
they are proposing less than half that of the zoning allowance.
In response to a question from Alderman Stroud , Mr. Bond re l ated that he
would expect that the apartments would be upscale, pointing out that Mr .
Underwood has no plans to build apartments tomorrow or even next year.
He related that the intent of the developer was to show future multi-
family before se l ling lots in the subdivision , sayi ng that development
plans should be declared o n the front end so buyers are aware with no
surprises . He pointed out that the City of Li ttl e Rock requires t hat
every property owner within 200 feet be sent a notice of rezoning . He
then added that there are only five property owners within 200 feet of
the proposed property because all of the closest property is large tracts
of land.
Alde r man Wi l son recogni z ed traff ic concerns for the area , saying that it
is important to l ook at that issue . He questioned , aside from the 161-
platted lots, what effect 40 units would add in terms of traffic. He
related that in his observation the intersection is more than adequate at
al l times , except when school is opening or closing.
Mr . Bond agreed that the majority of traffic occurs when school is
letting out or taking in, but added that at other times there is little
or no area traffic .
Alderman Fletcher pointed out that the property recently purchased by Mr .
Smith wou l d also add traffic to the area.
Mr. Bond stated he was not sure how many lots Mr . Smith would propose f or
development, but added that it is hoped all of the area would be
developed because that area ho l ds the future development for the City .
Al derman Fletcher stated that if the propos ed rezoning area were
developed with single-family home s it would produce le ss traff ic than a
40 -unit apartment deve lopment.
Mr. Bond stated that typi cally apartments are projected to generate 1.5
cars per unit .
7
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000031
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P.M . -8:09 P.M.
City Engineer Whisker related t h at in lie u of existing traffic issues and
as a resu l t of traffic counts , the City is planning right-hand turn lanes
o n Ha rris Road for west and east bound traffic go i ng to the S chool and to
Ma in Street. He then responded t o a q uestion from Alderman Wilson ,
saying t hat the area is adequate to support tra ffic d ur ing none S choo l
events.
Discussion ensued regarding the a re a being zoned R-0 for single-family .
Alderma n Fl e t cher expressed con cern that if apartments were allowed in
the area t here would be additional r equest for a partments, which would be
hard to deny once apartments are approved in the area. He then expre ssed
concern for an overbui ld of apartments in the City , which might fall into
disrepair if l e f t vacant. He s tated that the area carries a lot of
development p o tential and that he i s in favor of keeping it at the
highest zoning cl assification .
In response to a question f rom Alderman Wilson , Alderman Stroud stated
tha t the last census verifies that ther e are 52% re nta l s in Jacksonville ,
which was gather before the apartments o n Military or Madden Road we r e
developed.
Ci t y Engineer Wh i s ker related that he checked on t he occupan cy rate and
80% is considered a h igh occupancy rate . He stated that i n c hecking with
a l ocal realtor it was noted that t here is a 95% occu pancy rate area
apartments .
Alderman Sansing adamantly voiced concern s for apartment deve l opment
adjace n t t o school property .
Discussion ensued a n d Chief Ruthven answered that he spent over a mont h
searching fo r an apartment when moving to Jacksonvil le .
Mayor Swa i m recognized Mr. Michae l Hal l o f 4 338 Amy Lane, who read from a
prepared statement. "We the p roperty owners a n d tenants of Fair Oaks ,
Pennpointe, and Jackson He ights petition the Ci t y Council o f Jacksonville
to disapprove the r ezoning of multi -fam i ly h o u sing a t t he corner of
Harris Road and General Samu e ls. We fur ther petition the Counci l to re-
evaluate the size of the small lots and the house setbacks as proposed in
the ske tch plat fo r the pro po sed Underwoo d Subdivision. Whereas t he
traffic fl o w at the corner of Harr i s Road and General Samuels i s already
heavi l y traveled , the intersection leading to both Tolleson Elementary
a nd North P ulaski High School . We feel that the development of higher
income housing t o the West S i de of Jacksonvil l e is at a substant i al
growth period and should be e ncouraged . Whereas we wish to enhan ce the
gro wth of Jacksonvi lle i n an orderly and cons tru ctive manner a n d wh ereas
we believe that again that Jacksonvi l le h as the highest rate of r ent a l
property in the State at 52%". He rel ated that the census informa t ion is
available a t Metropl an. He presented the City Co unc il with the pet i tion,
explaining that h e h ad gathered the s ignature s in the pa st 24 hours . He
related that t he sign posted on the property is s mall and that there is
only one 5ign , l ocated o n Genera l S amuels. He stat ed that he doe s not
8
000032
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P.M . -8 :09 P.M .
feel t hat one sign is adequat e fo r the lot s iz e . He stat ed that in the
State of Texas they require a 4' X 8' sign. He stated that a 40 -unit
complex wou l d generate two cars per unit , which is more traffic than
housing. He then pointed out the proposed subdivision would generate
approximately 300 cars , adding that 75% of those cars would exit from one
street. He related that he did not feel with the proposed setbacks that
two cars co uld fit in the d riveway fro n t to back. He express ed concer n
that cars would have park on the street creating a congested situation.
It was noted that the lots are proposed to be 75' X 120 '. He agreed , as
previously stated, that the area is the best real estate i n Jack sonvill e
and would best be served with single-family devel opment . He agreed with
Alde r man Sansing , saying that the area residents are concerned with
h aving rental property that close to a sch ool. He stated that as an
option for the l and , Sherwood has a nice green belt area in t hei r Gap
Creek Subdivision. He stated t h at he can understand the developer
wan ting to develop the prope rty , but feels that he would loose some
benefit from the property if it is developed mu lti-fami ly. He stat ed
that he understands the problems r egardin g single -family development of
the property , but feels it could be better developed oth er than multi-
family. He stated that he found out abou t the rezoning yesterday ,
pointing out that Ilene and Garrick Feldman who own the local paper were
not even aware of the rezoning. He related that Mr . Jerry Smith Jr., who
lives in Fair Oaks was unaware of any p lans to develop the property as
multi-family , adding that i t is h i s understanding that Mr. Je rry Smith
Sr. is unaware as we ll. He went on to say that he did no t feel that
people were properly no ti fied, saying that the sign is small and looks
like a garage sa l e or campaign sign.
Mayor Swaim noted t h at the petition has approximately sixty signatures .
Mr. Hall stated that he only obtained one s i gnature per household, say i n~·
tha t if he h ad obtained two per household there would have been at le as t .
95 % more signatures. He then agreed that the petition h ad less than 100
but more than 70 signatures . He related that he only had twenty-four
h ours to obtain the signatures, but feels that it r e pr ese nt s a good
effort.
Alderman Wilson re cogni zed the concerns of area res idents , questionin9
where a trans ition from R-0 (single-family) is appr opriat e and askin g if
an intersection isn 't a likely spot f o r either commercial or multi-family
knowing that the land use p lan depicts commercial fo r the area .
Mr. Hall stated that he does not believe that multi-family should be
"right in the middle" of single -famil y. He stated that as fa r as
commercial , across the s t ree t from Fair Oaks Free Will Baptist Church is
being developed . He stated that he feels that is a good commercia:.
d eve l opment for a neighborhood. He stated that he feels there are other
options bes i des multi-family.
Alderman Wilson ques t ione d if Mr . Hall felt that only res i dential shoulc1
be developed at a major intersection such as Harris Road .
9
-
0000 33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17 , 2002
7 :00 P.M. -8:09 P.M .
Mr . Hall stated that personally he does not see that as a major
intersection in the sense that it needs to be commercial, adding tha t he
views it as a major intersection because of the houses around it . He
stated that he personally does not think there should be a 7 -11 or rental
property on the corner . He went on to say that a c hurch is different,
saying that he believes that would add to the community because there is
not the same traffic flow on a daily basis as with rental property. He
mentioned the possibility of 80 cars being let out onto Harris Road where
the frontage i s very min imal, saying that either way there could still be
80 cars being let out 200 feet from the intersection. He reiterated that
a nicer development would feature a green belt area such as subdivisions
in Sherwood. He stated that the west side of Jacksonville is prime for
residential growth and that he does not think it shou l d be multi-family.
Alderman Elliott asked residents to remember that Jacksonville is a
different type of community Air Ba se, which is a very viable part of
Jacksonvil l e. He pointed out that there are a lot of young couples that
cannot afford to purchase a house , so Jacksonville needs a higher
percentage of rental units. He add ed that wh i le i t i s easy to say you do
not want apartments in your neighborhood , it is good planning to consider
areas of town for a mixture of single-family, commercial and apartments.
He then noted that the same type of sentiments were exp r essed regarding
the Wal-Mart Supercenter, adding that it turned out to be a good
deve l opment . He stated that the same thing happened in Stonewal l with
the apartments, pointing out there has to be a mi xture in various areas .
He addressed previous comments regarding the p r oposed subdivision,
po inting out that it is a continuation of the development plan i n
Woodland Hills , adding that there is a demand for homes of that size. He
stated that while we need high scale development , we cannot stymie growth
by not allow ing other development. He pointed out that not everyone can
af f ord a $250 ,000 to $300 ,000 house.
Mr . Hall questioned , with a home being the most i mportant investment , if
anyone would want to purchase a lot that backs up to an apartment. He
sta t ed that he believes the area has potential and he wou ld hate to see
the City Council rezone for multi -family .
Alderman Elliott noted that the property wou l d not be directly adjacent
to a residential back yard.
Alderman Smith expressed concerns regarding proximity of the School , but
ag r eed with Alderman Elliott that there a re places in Jacksonville that
need apartments. He stated that however at the present time he feels
there are enough apartments.
Alde rman Stroud stated that while the Air Base makes Jacksonv i lle a
different community , Fayettevi lle a college town is 36% rental and
Jonesboro is 38%. He noted that there is 1500 Base housing un its not
counted in the census. He then responded to Alderman Wi l son , saying that
he would rather have a nice ne i ghborhood service station than apartments.
10
OOOG34
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17 , 2002
7 :00 P .M . -8 :09 P .M.
Alderman F letche r related that he was not p leased to hear that Wal -Mart
has announced plans to build a store by Che nal Va l ley. He pointed out
that the City has sent out seven thousand s urveys to obta in the feelings
of citizens in Jacksonville, but added that he is afraid that citizens
will have t h e impression from tonight 's action tha t either we listen or
we do not. He r eiterated that as leaders we need to be vision aries
regarding community direc t i on , he cited Maumelle, and County Club
Arkansas as exampl es of communi ties not willing t o compromi se their
visions . He stated that homes in a well thought out and well defined
area sell mo re quickl y . He related that he is not against apartments ,
but believes apartments are not approp riate in every area . He rel ated
t hat the re zoning of the p roposed property wo u ld create a pocket because
the property across the street is zoned single-family and it is
ant i cipated t h at t he other two corners will also be single-family . He
stated the need t o consider the effo r ts of the Green Ordinance in
planning.
In response to a que stion posed by Alderman Twitty , Chief Ruthven stated
that h e h ad a hard time finding the kind of house he wanted in
Jacksonville .
Alde rman Elliott stated that restrictions coul d not f orce developers to
put in larger lots , he warned against stymied growth, saying that the
City must h ave a combination of al l types of deve l opments.
Mr . Hall stated that he believes deve l opers might be con cerned when they
see the City Council putting apartments next to residential .
Discussion ensued regarding apartment deve l o p ments adjacent to
s ubd i vis i ons with larger lots and speculat ion r ega rding the demand for
$300 ,000 spec h ome s .
Mr . Hall concluded sayin g that the petition reflects the fee l ing of the
ma jority of homeowners in the area.
Mayor Swaim stated he appreciates that the residents want to protect
the ir interest , but add ed t hat h e has concerns r ega rding a letter
distributed in the n ei ghborhoods written by Mrs . Nikki Misak. He rel ated
that two resident names appear i n the l etter, adding that one of those
residents , Mr. Larry Hamsher , has stated that he did not give permission
fo r Mrs . Mis a k to use his name in her l ette r . He added that Mr . Hamsher
a lso stated t h a t he is in support of the apartments . He related that t h e
letter states that "apartments buildings t end to lower property values
and encourage a higher crime raten , pointing out that the letter's author
ow n s approximate l y 4 0 apartment units i n Jacksonvi lle and t h at one of
those apa rtment development s is within one block of an eleme ntary school ..
He related that his concern would be that the attitude may be conveyed
t hat the City is encourag i ng a certa in segment of the community as e lite.
He pointed out that t he subdivision he l ives in is within one block o f
160 apartment units. He warned against the perception that the City does
not pro t ect a ll its citi z e n s equally .
1 1
000 0 35
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17 , 2002
7:00 P .M. -8:09 P.M .
Alderman Fletcher stated that he would have to agree with Alderman Stroud
that t he City has enough apartments at 53 % rental property . He stated
that it is common knowledge that the City n eeded to anne x t o gain more
property for subdivisions, adding that the only raw land curre ntly inside
the City limits is in west Jacksonville .
Alderman Ray called for a question to the motion, seconded by Alderman
Fletcher. MOTION CARRIED .
ROLL CALL : Alderman Elliott, Ray, and Wilson, voted AY E (3). Alderman
Smith, Lewis , Sansing , Fletcher , S t roud , Twitty and Howard voted NAY (7).
MOTION TO PASS ORDINANCE 1188 FAILED ON FIRST READING.
c. ORDINANCE 1189 (#19-02)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: PROPERTY LOCATED AT 1117-C AND 1117-D NORTH FIRST
STREET, JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238
AND THE LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES .
Mayor Swaim related that t he p r operty is zoned R-3 for multi-fami l y and
t he developer is asking to change the zoning t o R-2 for duplexes. He
state d that there are three ex isting dupl exes establishe d in the area .
Alderman Wilson clarified that the area has a maj or int ersection and
backs up t o an R-1 residentia l area.
Alderman Wi lson move d , seconded by Al derman Ray that Ordinance 11 89 be
p l aced on FIRST READING. ROLL CALL: Alderman Elliott , Sm ith, Lewis,
San sing , Ray, Wi l son , Fletcher, Stroud , Twitty a n d Howa rd voted AY E. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg r ead the heading of
Ordinance 1189.
Alderman Sm i th moved, seconded by Alderman Ray that Ordinance 11 89 be
APPROVED on FIRST READING. ROLL CALL: Alde rman Elliott, Smith , Lew i s ,
Sansing, Ray , Wilson , F l etcher, Stroud , Tw i tty and Howa rd voted AYE. NAY
(0). MOTION CARRIED .
Alderman Ray moved , seconded by Alderma n Sansing that Ordinance 11 89 be
placed on SECOND READING . ROLL CALL: Al derman El l iott, Smith, Lewis,
Sansing, Ray , Wilso n, Fl etcher, Stroud , Twitty and Howard vo ted AYE. NAY
(0). MOTION CARRIED.
Alderman Smi th moved , seconded by Alderman Ellio tt that Ordinan ce 1189 be
placed o n THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith ,
Lewis , Sansing , Ray , Wi l son , Fletcher , Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED.
12
000036
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. -8:09 P .M.
Alderman Sans i ng moved, seconded by Alderman Ray that Ordinance 1 1 89 be
APPROVED and ADOPTED. ROLL CALL: Alderman El l iott, Smith, Lewis, Sansing,
Ray, Wilson , Fletcher , Stroud, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Sansin g to attach the EMERGENCY
CLAUSE to the Ordi nance 1189. ROLL CALL : Alderman Elliott , Sm i th , Lewis ,
Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
ORDINANCE APPROVED , AD OPTED AND NUMBER 1189 THIS 17TH DAY OF OCTOBER 2002 .
GENERAL : b . ORDINANCE 1187 (#17-02)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL
AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE CITY LIMITS OF THE
CITY OF JACKSONVILLE, ARKANSAS ; FOR THE PURPOSE OF LEVYING ONE (1) MILL
AND ONE (1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE CITY
LIMITS OF THE CITY OF JACKSONVILLE; FOR HE 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 related that this is the annual millage ordinance , clarifying
that it is not an increase in taxes . He noted that the millage rate i s
one mill each for the Police and Fire Pensions.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1187 be
placed on FIRST READ I NG . ROLL CALL : Alderman Elliott , Smith, Lewis,
Sansing, Ray, Wilson , Fletcher , Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1187 .
Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1187 be
APPROVED on FIRST READING. ROLL CALL: Alderman El l iott , Smith , Lewis ,
Sansing , Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED.
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1187 bE!
placed on SECOND READING. ROLL CALL: Alderman El l iott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Lew is that Ordinance 1 1 87 be
placed on THIRD and FINAL READING . ROLL CALL: Alderman Elliott , Smith,
Lewi s, Sansing , Ray , Wilson , Fletcher, Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1187 THIS 17m DAY OF OCTOBER 2002 .
1 3
c. ORDINANCE 1186 (#16-02)
GGO D3 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 17, 2002
7 :00 P .M. -8:09 P .M.
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL ORDINANCE NOS . 213 AND 238 ;
RENAMING A PORTION OF HOSPITAL CIRCLE TO VETERANS CIRCLE ; FOR PROPERTY
USE PROVISIONS AND DESIGNATIONS; AND, FOR OTHER PURPOSES .
Alderman Wilson moved, seconded by Alde r man Ray that Ordinance 11 86 be
placed on FIRST READING. ROLL CALL : Alderman Elliott, Smith, Lewis,
Sansing , Ray, Wilson , Fletcher, Stroud, Tw itty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 1186.
Alderman Ray moved , seconded by Alde rma n Lewis that Ordinance 1 1 86 be
APPROVED on FIRST READING. ROLL CALL : Alderman E l liott , Smith , Lewis,
Sansing, Ray, Wilso n, Fletcher , Strou d , Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Smith moved , seconded by Alderman Howard that Ordinance 1186 be
placed on SECOND READING. ROLL CALL : Al derman Elliott , Sm i th , Lewis,
Sansing, Ray , Wilson , Fletcher , Stroud, Twitty and Howa rd voted AYE . NAY
(0). MOTION CARRIED .
Al derman Ray moved , seconded by Alderman Sansing that Ordin ance 1 186 be
placed on THIRD and FINAL READING. ROLL CALL: Alde rman El l iott, Smith,
Lewis, San s ing, Ray , Wil son , Fletcher, Stroud, Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1186 THIS 17m DAY OF OCTOBER 2002 .
Mayor Swaim related that the two property owners affected by t h e name
change have agreed and the effective date will b e January 1, 2003.
ANNOUNCEMENT:
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 8:09
p .m .
Respectfully,
~L~ MAYOR TO SWAIM
14
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
November 7 , 2002 7:00 P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Animal Control)
(Engineering Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
October 17, 2002
Regular City Council Meeting
October 3, 2002
Regular Monthly Report/October
Public Works Director Jim Oakley
Regular Monthly Report/October
City Engineer Jay Whisker
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION:
14. GENERAL :
15. APPOINTMENTS:
a. REQUEST TO APPROVE CHANGE ORDER:
HOPE Pipe for Madden Road
b . CDBG Annual Update 2002
c. DISSCUSION: Building and Contents
Insurance
16. ANNOUNCEMENTS : Public Meeting regarding Wastewater Rates
November 18, 2002 at 7:00p.m .
Community Center
ADJOURNMENT
Public Meeting regard ing Wastewater Rates
November 25, 2002 at 7:00p.m.
Wastewater Uti lity
City Hall will be closed Monday Nov. 11 1h
for Veteran 's Day
0000 39
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7, 2002
7:00 P .M. - 7 :45 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council o f the City of Jacksonville, Arkansas me t in Regular
Session on November 7 , 2002 at the regular meeting place of the Counc il.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Alleg i ance" to the f l ag.
ROLL CALL: Al dermen :
and Howard answered
declaring a quorum.
Alderman Sansing was
E l liott, Smith , Lewis , Ray, Wilson , Fletcher, Stroud,
roll call. Mayor Swa i m also answered ROLL CALL
Alderman Twitty arrived at approximately 7 :16 p.m .
absent . PRESENT nine (9 ), ABSENT (1).
Ot hers present for the meeting were : City Attorney Bobby Bamburg, Deputy
Clerk Teresa Ca rte r, Di rector of Admin i stration Murice Green , Human
Resource Director Charl i e Brown , City Engineer J ay Whisker, Finance
Director Pau l Mushrush, CD BG Director Theresa Watson, Police Chief
Ruthve n , Fire Chief Vanderhoof , Parks and Recreation Directo r George
Biggs , Justice of the Peace Dennis Sob ba, Mr s. Judy Swa i m, Mrs . E dith
Smith, Mrs . Lindy Lewis, Mrs. Gl e nda Fletcher , Mr. Ben Rice, Mr. L a rry
Smith, inte re sted c i tizens a nd members of t he press.
PRESENTATION OF MINUTES:
Mayo r Swaim presented the minut es of the Regular City Council Meeting of
October 17 , 2002 for approval and/or corre ction at the nex t Regularly
Scheduled City Counci l Meet i ng.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Elliott moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 3 October 2002 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
A1derman How a rd moved, seconded by A1derman Wilson to approve the Regular
Monthly Report for October 2002. Said report reflects:
ADOPTION/FINES : $827 .00
CONTRIBUTIONS: $ 0 .00
TOTAL : $827.00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Howard moved , seconded by Alderman Wilson to approve the Regular
Monthly Re port for October 2002. Said report reflects :
PERMITS/LICENSE ISSUED
Bui ldi n g Permits
Bus iness Li cense
22
9
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
35
34
74
66
0002 -DO
UNSIGHTLY & UNSANITARY
Grass Letters 41
10
32
Property Mowed
Trash Lett ers
Trash Removal
Cost for Sept .
0
$667.00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7, 2002
7 :00 P .M. -7:45 P.M .
VEHICLES
Notice of Noncomp l ian ce 23
Towe d 2
CONDEMNATIONS
Structural Maint. Letters 0
Structural Re p a i rs Made 0
Demolitions 3
ROLL CALL : Aldermen : Elliott, Smith, Lewis, Ray, Wilson, Fletcher, Stroud
and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL : a . Request t o Approve Change Order/HOPE p ipe for Madden Road
City Engineer Whisker related that there had been a typographical e r ror
in the pla n s , s a y ing that the specs had stipulated 150 feet of pipe
instead of 1,450 feet . He stated that h e is r e ques ting a change order
regarding 1 ,290 feet o f pipe at a unit price of $15 .00/ft. for a total of
$19,350.00.
In response to a question fr om Alderman Wilson, Ci ty Engineer Whisker
relate d that the total cost of the proj ect is approximately $197,000.00.
Alderman Ray moved, seconded by Alderman Stroud to approve the requested
change order of Madde n Road Project with funds t o be drawn from the!
Capital Improvement Fund. MOTION CARRIED .
b. CDBG Annual Update 2003
Community De velopme nt Di r ecto r Theresa Watson noted the addi tion of
proposed projects for 2003 not included in the report , a mendin g t he total
budget for 2003 regarding fundi ng to be received in the amount of
$340,000 .00 . She noted the project costs fo r 2003 and pro j ects for 2004
pending a study for funding .
Mayor Swaim poi nt ed out that pro jects of publi c inte rest that did not
ma k e the fund i ng list were deemed i n e ligible and were not abl e to be
included i n the proposed projects f or 2003.
CDBG Director Watson related t hat public comme nt p roject suggestions are
listed on p a ge fourteen, pointing o ut that HOD h as d ete r mined that some
of the s u ggested projects were not eligibl e for CDBG fund ing . She
mentioned issues of spe ed bumps and signs a ddres sed the previous ye ar .
2
000 1 ~1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7 , 2002
7 :00 P .M. -7 :45 P .M.
Alderman Wilson questioned plans regarding infrastructure improvements
scheduled for Second and Mulberry Streets .
Director Watson answered that the project was schedu l ed to receive
sidewalks , curbs , and gutters.
Mayor Swaim noted that the Street Department would handle the required
asphalt and drainage work.
In response to a question from Alderman Ray, Director Watson related that
the AirPark Museum would not qualify for CDBG funding .
Alderman Ray moved seconded by Alderman Stroud to approve the 2003
Consolidated Plan for CDBG . MOTION CARRIED.
c . DISCUSSION regarding Building and Contents Insurance
Finance Director Paul Mushrush stated that historically the City has had
enjoyed relatively low premiums regarding building and contents
insurance . He stated that there have been a number of events that have
created a major change in i nsurance premiums . He pointed out the events
of 9-11 , saying that governments are now viewed as a higher risk.
Secondly he pointed out multiple lightening strikes at the 911
Commu nications Cent er with an anticipated repair cost unde r insurance of
$60 ,000 and hail damage to the Police Department roof at a repair cost
with insurance of $18 ,000 for a t otal o f $78,233. He then noted that the
insurance premium for the year was $27 ,500 . He re l ated that as a prudent
measure the City has always insured all buildings at replacement costs,
noting that the City would be hard pressed to replace a building
otherwise . He a l so related that he had the carrier reevaluate the
buildings and consequently, cost values rose slightly. He stated that
another change in risk management is our gro wing network, wh i ch now
includes the Police Department with its own virtual network i ncluded as a
s epa rate writer. He stated t hat given a ll fa ct ors , the c h ange in the
insurance premium has risen approximately 7 0% t o $47 ,000. He pointed out
that the deductible has also risen as a direct re s u l t of damage a t the
Communications Center and the Police Department. He related that he and
the Mayor Swaim have discussed possibilities regarding l eve l s of self-
insurance . He pointed out that the City has $150,000 reserved for
uninsured issues , which could be used regarding the possibility of self-
insurance at higher le v e l s.
In response t o a question po sed by Alderma n Elliott , Finance Director
Mush r ush stated that he has a list of insured values regarding all
faci l ities . He said that he has an inventory of the b ui l dings and all
i nsurable contents that can be readily identif ied in the case of a loss.
He stated that the t o tal amount insurable is approximately 26 million
do l lars fo r both building and contents .
Discussion ensued regarding two separate lightening strikes at the 911
facility .
3
0001.32 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7 , 2002
7 :00 P .M. -7 :45 P.M.
Director of Adm i nistration Murice Green addressed preven tive measures
issues regarding the 911 facility , saying that Grace Communications and
an independen t consultant eval u ated the situation immediately following
the l ightening strike. He stated that a 40 -page report was submitted
regarding grounding and equipment recommenda t ions. He stat ed that the
recomme n dations are being worked for implementation .
Discussion then ensued regarding grounding measures provided by the
company that orig i nally installed the equipment.
Mayor Swa i m relat ed that part of the situation occurred wh en computers
were installed in Police cars, explaining that a separate antenna was
wired directly into the facility. He noted that the last most serious
lig htening strike happened as a result of that, and t hat it was n o t part
of the or i ginal equipment set u p . He related that since that time, the
antenna is no longer used , thus eliminating that as a l~abi l ity.
Mr . Green related that better ways to address ground ing i ssu es have been
developed .
Mayor Swaim clarifi ed that the reserve insurance fund was built over many
ye a rs to address deductible i ssues regarding a major event. He s t ated
that a portion of those funds is still needed for that purpose . He
related that Mr. Mushrush has investigated higher deductible polic i es of
$1 ,000.00, which wou l d lower premiums . He asked that the Council grant a
six -month extension of the po l icy to evaluate differen t insurance avenues
including self-insurance t h rough a reinsurance company .
Director Mushrus h stated that after analyzing the market it could take
longer than six months , adding that in eva l uating fourteen separate
markets, six declined to insure.
In response to a question from Alderman Fletcher, Mayor Swaim related
that Mu n icipa l League and Met r oplan do offer causal ity insurance, but
pointed out that Mun i cipal League will only insure for the depreciated
value and that Metroplan requires that a city also insure i ts vehicles
with them. He pointed out that Mun i cipal League insures the City 's
vehi c l es for $1 00.00 annually per ve hi cle, depending on l osses. He
expressed concern for insuring bui l dings and contents for only thE!
depreciated value .
Director Mushrush pointed out that that replacement costs for City Hall
wou l d be 2.7 million and that the building was originally constructed for
1 .7 million .
Alderman Ray noted difficulties in the private sector regarding a large
company 's ability to obtain adequate insurance .
Mayor Swaim expl ained that during t h e 9 -11 events, insu rance companies
los t a tremendous amount of money , but added t h at Jacksonville and othe1~
cities in the area also experience a significant ice storm that furthered
insurance difficulties .
4
OOO ~l :J3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7, 2002
7:00 P .M. -7:45 P.M .
Discussion ensued regarding the possibi lity of es tab l ishing a fund to
help offset deductible costs regarding a depreciated va l ue insurance
policy .
Alderman Stroud moved, seconded by Alderman Lewis to extend the building
and contents insurance for up to one year to allow for proper evaluation
of insurance options . MOTION CARRIED.
AMENDMENT THREE
Mayor Swaim related that Amendment Th ree did not pass i n the November 5th
General E lection, but added that unfortunately the use tax lawsuit is
still ongo ing. He stated that the l awsuit means t hat approximately
$400,000 wil l be lost from the budget for 2003. He then mentioned that
with economy changes the sales tax h as not i ncreased. He s t ated tha t the
budget process has begun and is being worked to provide the same services
offered in the past.
ANNOUNCEMENT(S): Mayor Swa i m announced that a public meeting r egarding
Wastewater rates November 18, 2002 at 7 :00 p.m. at the Community Center ,
adding that a second meeting will be h eld November 25 , 2002 at 7 :00 p.m.
at the Wastewater Utility on Cloverdale Road.
Mayor Swaim noted and commended efforts by Justice of the Peace Dennis
Sobba regard i ng the recent e lection. He stated that Mr. Sobba was re-
elected to another two-year term, adding that Alderman Lewis was also
s uccessful in his race.
Mayor Swaim then announced that the Arkansas Historical Preservation, a
program of the Arkansas Heritage State Review Board has referr ed the
Reed 's Bridge Battlefield to the National Registry . He stated that if
accepted the site would be listed as a Civil War site in the National
Registry. He r ecognized the efforts of Tommy Dupree, Jack Danielson, and
other members of the Reed's Bridge Battlefield, congratulating them for
their achievement . He noted that in the next few years Reed's Bridge
could develop into a signi ficant tourist attraction for the City. He
n oted tha t the write-up p r esented to the Review Board re cognized the
Reed 's Br i dge Battlefield as one of the best-preserved sites within the
Li ttl e Rock Battle. He related that because of the floodway in the Bayou
Meto area , a lot of the property has been l eft undisturbed.
Alderman Stroud announced that there would be a combined meeting of the
Reed's Bridge Battlefield and the Historical Society, Tuesday 12:00 p.m.
at the Chamber of Commerce.
Mayor Swaim asked that Counc il members planning to attend the f all
confe rence of the Municipal League contact Bertha Tipton by Friday.
City Hall will be c l osed Monday November 11th for Veterans Day . Monday 's
Garbage route will be picked up o n Tuesday.
5
000134
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7, 2002
7 :0 0 P.M. -7 :45 P .M .
Alderman Wilson provided a copy of written comment regarding the rezoning
at the corner of General Samuels and Harris Road addressed at the
previous City Coun cil meeting . He asked that Council members contact him
regarding comment or questions. A copy is on file in the Office of the
City Clerk.
Alderman Lewi s provided a letter from the Care Channel regarding problems
with unusab l e items being dumped outside the Care Channel building. He
asked that the Council consider an ordinance to allow Police the
authority to help address the situation.
City Attorney Bamburg related that t h e City has an o rdinance that
address es illegal dumping. He stated that a Pol i ce Officer would not be
able to make an arrest unless they observed the dumping taking place . He
related tha t the property owners who have witnessed the dumping would
have to go through the steps o f having a warrant issued for the violator .
He noted that most of the dumping is occurring after hours of operation
when no one is on site to witness the dumping. He suggested that the
surrounding neighbors could help greatly by identifying indi vidua ls the
seen dumping to secure a warrant.
Mayor Swa i m related that the City has worked with the Care Channel to
pick up items dumped outside the building.
Mr . Green stated that he has talked with the Care Channel and the owner
of the old Salvation Army regarding unwant ed dumping . He related that
the City put up "no dumping type signs and have picked up items severa l
times. He stated that he made an agreement last week with the Care
Channel that if items were dumped of f and left at the door which cannot
go into the ir normal dumpster , the City would go by once a month or more
to pick up excess large items such as a mattress if abandoned. He
suggested that signs be display outlining the hours for drop off, adding
that if anyone is witnessed dropping items off outside of those hours
they can be cited .
Justice of the Peace Dennis Sobba addressed the City Counci l saying that
he has sponsored an ordinance t o fund $25,000 for a grand jury to look
into the County Clerk's Office a nd the Elect i on Commission . He related
that at the beginning of October he had also sponsored an ordinance to do
a performance audit of the Count y Clerk 's Office and the Election
Commission. He then re l ated that a committee has been formed that will
be invest i gate wh at can be done to assist these two units workin9
together more closely. He related that he also sponsored Mike Wilson and
Linda Napper to work the committee. He stated that he felt sure therE~
would be some contested races from the Election . He then thanked members
of the Council and audie n ce for t h eir support in h is recent campaign for
Just ice of the Peace.
Mayor Swa im asked the Chief to address the City Council regarding his
certification.
6
OC01.D5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 7, 2002
7 :00 P .M. -7 :45 P.M .
Chief Ruthven related that recently he had submitted a packet of training
records from h i s ca r eer in Federal Law Enforcement to the State Minimum
Standards Office requesting that they review and determine what could be
certified under State qual i fications. He stated that the minimum number
of hours for attending the basic Law Enforcement Officer Course is 440.
He stated that aft er reviewing hi s reco rds they have credited him with
2 ,149 with mo r e to come . He stated that basically at the end of his one
year point and following completion of a 40 hour re fresh e r course
focusing on Arkansas Law, which h e will attend in February he will be
credited a s a Senior Police Officer of the highest accreditation
possible.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :45
p .m.
Respectfully ,
7
0 00:11)6 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
November 21 , 2002 7:00P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Fire Department)
(Police Department)
6 . WATER DEPARTMENT:
Regular City Council Meeting
November 7, 2002
Regular City Council Meeting
October 17, 2002
Regular Monthly Report/October
Chief Vanderhoof
Regular Monthly Report/October
Chief Ruthven
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSI ON:
14 . GENERAL:
15. APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT
a. FINAL PLAT: Collenwood Phase IV
(Information available at meeting)
(Mayor Swaim)
b . FINAL PLAT: Jacksonville Plaza Addition
(Information available at meeting)
(Mayor Swaim)
a. DISCUSSION : 2003 Budget
(Information available at meeting)
(Mayor Swaim)
b. DISCUSSION : Sign Ordinance Amendments
(Information included in packet)
(Alderman Stroud)
0001D7
OCITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21 , 2002
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 i n Regu l ar
Session on November 21, 2002 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "P l edge of Allegiancen to the flag .
ROLL CALL : Aldermen : Elliott , Smith, Lewis, Sansing , Ray, Wilson, Fletcher,
Stroud, and Howard answered roll call. Mayor Swaim a l so a nswered ROLL CALL
declaring a quorum. Alderman Twitty was absent. PRESENT nine(9), ABSENT (1 ).
Others present for the meeting were : City Attorney Robert Bamburg, Deputy
Clerk Teresa Carter , Director of Administration Murice Green, Human
Resource Director Charlie Br own , City Engineer Jay Whisker, Public Works
Director Jim Oak l ey, Finance Directo r Paul Mushrush , Pol i ce Ch i ef
Ruthven, Fire Chief Vanderhoo f, Planni ng Commission Chairman Art Brannen,
Mrs. Judy Swaim, Mrs. Edith Smith , Mrs. Helen Stroud, Mrs. Li ndy Lewis,
Chamber of Commerce Director Bonita Rownd, Mr. Tommy La ssiter, Mr . Barry
Wil l iams , interested c itizen s and members o f the press.
PRESENTATION OF MINUTES :
Mayor Swaim pres ented the minutes of the Regular City Co uncil Meeting of
Novembe r 7 , 2002 for approva l and/or correction at the next Regul arly
Scheduled City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 17 October 2002 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for October 2002 from the Jacksonville Fire Department ,
which reflects a fire loss of $35 ,250, and a savings total of $105,000 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for October 2002 . Said report reflects the Total Value of
Reported Stolen Property $77,908. Total Value of Recovered Stolen
Property $31,258 and Total Report Sales $456.00 .
ROLL CALL: Alderman Elliott , Smith,
Fletcher, Stroud, and Howard voted AYE.
MOTION CARRIED.
Lewis, Sansing, Ray, Wilson,
Motion received (9), NAY (0).
Chief Ruthven and the City Council wished Chief Vanderhoof a Happy
Birthday.
Chief Vanderhoof addressed the Ci t y Council , relating that the U.S. Fire
Administration Fire Grant Act had 360 mi l l ion dollar t o award throughout
the United States, adding that 19,500 fire departments applied .
1
0002D8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7:00 P.M . -7:55 P .M.
He related that h e was noti fied by Senators Vic Snyder and Blanche
Lincoln t hat the Jacksonville Fire De partment would receive a grant for
$29,948 .00 to be applied with t he City's matching 10% for $33,275.00.
Mayor Swaim noted t h at the gran t funds would b e used to pur chas e SCBA
breathing apparatu s. He then n oted the opp ortunity for t he Po li ce and
Fire Department t o apply f or g r ant s when the Home Land Se curity Program
is setup . He then recognized Chief Ruthven to addr ess the City Council.
Chief Ru thve n noted media c overa ge regarding crime problems in
Jacksonvi l le . He stated that the Police Departme nt's Public Informati on
Officer has addr essed Channel 11 's coverage and pointed o u t that t h e
increase in cer tain crime s has been addressed with t wo proactive special
e ffo rts of a select ed Anti-Crime Shift . He rel ated that that the P o l ice
De p artment is worki n g d iligently to address increased crime and reported
that in the last two wee ks there have been f ourteen arrest regarding
burglary. He stat ed t h at the special Ant i -Crime Sh ift is responsible for
fo ur a rre sts , the Cops Officers and regular P at rol Off icer s made the
rema ining arrest. He a dded that o f those arrests, six were made based o n
citiz en input . He pointed out that it i s a good example of Community
Policing, and noted a neon flyer being distributed regarding awareness of
property crimes including a hot line number t o report tips .
Ch i ef Ruthven extended an invitation to the City Council regarding a
p r omotion cere mony tomorrow at the Police Department beginning at 11 :3C
a .m ., fol l owed by t h eir Annua l Thanksgiving Dinner .
Ch i ef Ruthven addressed page twelve of the consent age n da , regardin<;;'
p romotions and r ea li gnments in the Police Department a nd noted that.
Detective Bredenberg's promot i o n date has been chan ged f r om 11-24-02 to
1-6-0 3.
He then add r essed the status of the newly purchased bomb d og , statinc_;r
t hat the can i ne and h is h andl er wil l be bonding this week b efore
beginning two weeks of training . He stated that the training shoul d b e
completed by Ja nuary 20th .
He related that Tuesd ay , eleven officers gradu ated the Auxiliary Course .
He stated that they completed a 1 02-hour t raini ng course and wi ll no\-T
begin a 125-hour on the job-train ing course to be fully certifi ed as
Auxiliary Officers assis ting regular Of ficers . He pointed out that thE~
Auxiliary Coordinator is retired Offi ce r Ken Bouil l on .
He n oted the i n clusion in t h e City Council packets o f mate ria l regardinq
bomb det ection techniques from the Department of the Treasury , askinq
that it be shared with businesses owners wh o mi ght receive l arge
mai ling s .
Chie f Ruthven presented the City Council with 2003 Da y P l a nners from t h e
Police Department and then presented Mayor Swa im with his Ch ief
Recognition Coin for support he and t he Pol i ce De p artment has received
from Mayor Swaim .
2
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
PUBLIC WORKS :
PARKS & RECREATION :
0001,39
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21 , 2002
7:00 P.M. - 7 :55 P .M.
PLANNING COMMISSION : a. FINAL PLAT Collenwood Subdivision PH IV
Mayor Swaim related that the item of business has been removed from the
agenda. Comments regarding the Final Plat of Collenwood Subdivis i on PH
I V can be found under the fol l owi ng item b .
b. FINAL PLAT Jacksonville Plaza Addition
Mayor Swaim related that the Planning Commission has approved the Final
Plat rega rding the Jacksonv il le P l aza Addition.
In response to a question posed by Alderman Fletcher, Mayor Swaim related
that the Final Plat for Collenwood has been removed from the ag e nda
because the developer was not completely fin i shed.
City Engineer Whisker addressed questi ons regarding Collenwood Phase IV ,
saying that the developer has remaining work on the back portion a n d lake
area . He stated that while the area is not a part of phase IV, it is the
last phase o f t he subdivision and the l as t opportunity for the Plannin g
Commission to ensure that the area is completed.
Alderman F l etcher mentioned the developer escrowing monies t o ensure
completion and aid in a timely approval for building to begin in Phase
IV.
City Engineer Whisker related that the uncompleted area is missing part
of the concrete flume that leads from the southeast area and a pipe in
the southwest corner o f the property .
Mayor Swa i m n oted that the City Council does not have an opportunity to
address the i tern until it is recommended forward from the Planni ng
Comm i ssion.
Alderman Ray moved, seconded by Alderman Wilson to approve the Final Plat
of Jacksonville Plaza Addition .
A correction to the F inal Plat of J acksonvil l e P l aza Addition regarding
the spelling of John Ha rden was noted; City Engineer Whisker related that
the spelli ng would be corrected prio r to the plat being s i gned by the
Planning Commission Chairman .
At this time, MOTION CARRIED .
3
"--' ......
GENERAL : a . DISCUSSION 2003 BUDGET
CI TY OF J ACKSONVILLE
REGULAR CITY COUNCIL ME ETING
NOVEMBER 2 1, 2002
7 :00 P .M. -7 :55 P .M.
Mayor Swaim related that cities are experiencing problems meeting their
commitments this year. He stated that while everyone is grateful that
the removal of food tax did not pass, cities are still addressing revenue
declines from the City Sales Tax, which is projected below 2002. He t h en
pointed out that franchise fees are lower due in part to increased ce ll
phone usage for l ong distance and that the State Turnback Tax is lower.
He noted tha t the City has l ost approximately $450,000 annually regarding
the Use Tax and that it is hoped the issue can be resolved in the next
six months by the Supreme Court and cities can re g ain those funds . He
stated that it is not guaranteed, so those funds cannot be budgeted. He
related that the budge t is approximately 1.5 million out o f balance. He
then pointed out that commitments to move employees up in salary r ange
were to be completed this year, adding that he feels part of that
comm itment needs to be me t . He relat ed that other problems have come as
a result of increased insurance premiums , adding that the health
insurance rate incre ase added $97,000 to the 2003 budget. He stated that
the City is in the second lowest class structure within the insurance
provider organizatio n, because the City is costing more i n claims than it
is paying in premiums, which makes it difficult to go to another
insurance company and request coverage. He related that in the last s ix
months premiums were $829,000 while losse s were 1.1 million. He stated
that the City could not expect a lowe r rate when more is being spent on
c laims . He stated that the City is working on a wellness program to help
ensure that premiums are held to a minimum , adding that part of the
problem is that he althcare costs are accelerating at an alarming rate,
maki ng it difficult to hold down the cost of insurance . He stated that
medical doctors and h ospita ls are also strugg ling with the problems this
has created for the medical industry. He requested guidance regardin~·
the increase, saying t hat the City's healthcare insurance went up $40.00
per family plan mo nthly. He related that the premium would be $590.00
monthly, pointing out that traditionally the Ci ty has assumed a ll
increases. He questioned if it is time t o decide if part of the increase
should be pa ssed to the employees. He related t hat another saving
opportunity is the $80 ,0 00 annual premium, offering separate d ental
coverage . He explained that the City has maintained a separate dental
plan through another company to ensure a better class rating regardin~r
t he h eal thcare premiums even after Municipal League He a lth Benefit Fund
began to offer dental with their medical. He stated that the benefit
coverage would change sl ightly . He pointed out that now t h e City has
moved i n to the next class it would probably be wi se to cancel t h e
separate dental policy. He stated that the budget would be balanced 1
adding that there are still two departments to review regarding cuts thai:
coul d possibly cover a portion of t he short fall. He related that they
have always been very careful not to over budget, but still assure t hat
the City will be a ble to meet its commitments .
Alderman Wilson question if there are options offered to cities regardinq
the deductibles a nd co pays with Mu nicipal League that might provide an
opportunity to lower rates by raising co pays or deductibles.
4
00011.:1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7:00 P .M. -7:55 P.M.
Mayor Swa im related that Municipal League had determi ned that it was
better for the plan and the participating cities to have one premium and
one deductible.
In response to a questi on posed by Alde rman Wilson, Mayor Swaim related
that the increase will cost t he City $97 ,0 00 .
Alderman Wilson related that the situation is one wh ere the City has to
weigh the redu ction of bene fi ts to its ci tizens if t he increase is
absorbed or raise the participating cost to emp l oyees. He stated that
ne i ther o f t hose options is very good. He suggested tha t a spreadsheet
be prepared that shows current empl oyee contributions, the increase, and
what percentage the City i s paying. He suggested a separate budget
me eting to consider that information .
Mayor Swaim related that t he increased costs per family plan is $40 .00
monthl y wh ich constitutes the $97 ,000 incre ase being passed to the City
at the present time . He added that currently an e mpl oyee with a family
plan pays $59 .50 monthl y , adding that the Ci t y pays the rest, which is
approx i mately 70% plus of t he t o tal premium. He n o ted that the City pays
the entire premi um to cover an individua l policy.
Alderman Ray suggested that recommendations be brought back for
consideration at a separate budget me e ting. He noted individual cos t
increase in the p rivate sector , saying that hea lthcare cost have risen as
much as 30 to 40%. He stated that while i t is regrettable to have to
pass some of the increa se o nto the empl oye e, at some point i t has to
happe n.
Mayor Swa im stated that given the rising numbers in he a l th care cost , he
was pleas ed t hat the City 's increase i s less than 10%.
Alderman Smith stated that given the circumstances surrounding the
addit i onal dental po l icy and the possible $80 ,000 savings, the City might
ne e d to cancel the separate po l icy .
Mayor Swai m agreed that wou l d be the assumption . He re l ated that under
the additional plan there are t wo free cleani ng annua lly whi le under the
Municipal League plan the employee would pay 10 % of that cost after their
deductible is met. He answe red that the deduct ible is $200 .00 annually.
Discussion ensued and Mr. Mushrush c larified that the deductible i s the
medical deductible not a separate deductible fo r dental.
Mayor Swa i m explained that the main d ifference is that the heal t h plan
comes with denta l coverage tha t does n o t cost extra , clarifying t h at it
is built int o t he premium pri c e . He noted that the City has the month of
December to finish the budget , but wanted to presen t cons i derations
tonight. He stated that a balanced b u dge t would be returned t o the City
Council to consider any changes .
5
OOO ~L-1 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7 :00 P.M . - 7 :55 P.M.
Alderman Elliott ment i oned the possibility of a separate budget meeting
between the first and second meeting in December.
Mayor Swaim agreed, adding that they can move toward balancing the budget
and bring it back for cons ideration. His recommendation was agreeable to
the City Co uncil .
b . DISCUSSION SIGN ORDINANCE AMENDMENTS
Alderman Stroud read from a prepared statement . "The City is known by i ts
appearance and first appearances are hard to shake , arguably the three
greatest factors affecting the appearance of a City are cleanliness,
l andscaping and signage. This City Council has a lre ady addressed
cleanliness with the clean-up ordinance and although some improvements
been noted, our Code Enforcement office deserve s a l ot of praise, but
frankly we still have a long way to go. The Planning Commission has been
working diligent l y on a green ordinance over the p ast six months and it
will go l ong way toward addressing deplorable lands caping condi t ions or
the lack there of for business' in our City , the p r oposed ordinance
should be ready to submi t to the City Council in the next 30 to 60 days.
One thing t hat the City has not addressed in a long time is the sign
ordinance and I feel that if you drive around town you would know what I
am taki ng about. Signage in our City has gotten out of hand; it is not
uncommon to find four, six, eight or sometimes nine signs in front of a
business . Portable signs are ug l y and personally I fee l that they need
to be banned , not only are they out of tolerance according to the present
ordinance, but they look terrible. Personally I would a l so support a.
moratorium on all billboards, but that is up for the City Council t o
decide. I suggest that it is high time to update the J acksonville Sigr..
Ordinance, it is h ard to enforce and is in fact practically impossible a~:
presently written . I t is going to be hard because all businesses are not.
the same and all requirements are not the same, and this needs to b e
fair . We have to do something about signage in the Ci ty, so I would
recommend that we have a committee to start work on this and report back
to the City Council within 60 to 90 days".
Mayor Swaim suggested that the comm i ttee have a relatively fai r number of
business people regarding t heir i nput .
Alderman Smith volunteered to serve.
Alderman Sansing vo l unteered if t he committee can me et in the evenings ..
Al derman Ray suggested that five communi t y business owners serve.
Mayor Swaim n oted Aldermen Smith, Sansing , and Stroud as volunteers frorn
the City Counci l and asked that Planning Commiss i on Chairman Brannen
appoi nt two members from t h e Plann ing Commission. He n oted t hat with
five b us inesses that would make a ten-member comm i ttee .
City Eng i n eer Whisker was appointed as t h e eleventh member .
6
ANNOUNCEMENT :
000113
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7 :00 P.M. -7:55 P .M.
Mayor Swaim offered executive summaries regarding the feasibility study
concerning school districts. He noted that in 1978 the City Council
funded the study at that time, but added that someone who donated the
money paid the present fe asibility study. He pointed out that there are
a lot of steps that have to be accomplished after the study is presented.
He related that Mr. Greg Bollen is the Committee Chairman and encouraged
the City Council to attend future public hearings and participate anyway
they can.
Alderman Howard announced that a meeting would be held Monday night at
Wastewater Utility at 7:00 p.m . regarding the rate study presentation.
He encouraged as many people to a ttend as possible.
It was noted that December 12th the Senior Center would be hosting a
special function and that it would not be a good night for a separate
budget meeting.
Mayor Swaim then related that much of t he information regarding the
survey has been entered , and t hat he has the preliminary information back
from that . He stated that because there were so many written comments it
would take a little longer to categorize that informat ion. He stated
that one item that was brought up a significant number of times was the
sa le of alcohol in restaurants and comments regarding a sepa rate school
district. He noted that Barbara Daniel has done a great job and noted
employees who volunteered to help enter the data. He then personally
thanked the community for thei r response in the survey .
In response to a question posed by Alderman Fletcher regarding a request
for future addit i onal funds for the County Jail, Mayor Swaim stated that
presently the City will be budgeting the same amount as previously. He
stated that rather than ask for additional funds , the Sheriffs Department
has chosen to make drastic cuts. He pointed out that every Department in
Pulaski County has been asked to cut 20% from their last year's budget.
He noted t ha t Director of Administration Murice Green and Police Chief
Ruthven have attended some of the meetings and may have additional input .
Chief Ruthven related that the basic changes are an 80-day bed reduction
as o f December 1 , and another 80-day bed reduction as of 1 January for a
total of 160 bed reductions. He added that Pulaski County would also
close the ir n orth side booking facility. He stated that those three
actions would eliminate 23 staffing positions. He related that they have
agreed to continue to transport as they always have, but added that there
will b e more jail closures fo r longer du rati ons because of the lack of
bed space . He related that Jacksonville would be holding prisoners
longer , which may cause an increase in costs . He added that since
p ris o ners cannot be held over 24-hours they would have to let them go
with the cooperation of the Prosecutors Of fi ce and the Judge although
t hey sho uld have and it would be preferred that prisoners have been
transported and incarcerated in the County Jail.
7
0001 :1.4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7 :00 P .M. -7:55 P.M.
Mayor Swaim stated that since the City i s not qualified to h o ld pri soners
long term, offenders that commit petty crimes would be released.
Chief Ruthven r elated that the Co unty Judges would me et to determine what
crimes are given priority , adding that the bottom line would be t h at they
would not accept a nonviolent crime pr isoner. He stated that there is a
l o t of nonviolent crime in Jacksonville that is current ly moved to the
County Jail ; in many cases it involves unpaid fines. He stated tha t if
there were no recou rse, fines would go forever unpaid. He reiterated
that the impact to Jacksonvi l le would be that prisoners wil l be held
l onge r, and released when they s h ould not be. He stated that ultimately
some nonviolent criminals are not going to be incarcerated and will be
back on the streets in a matter o f hour s .
Alderman Fletcher expressed concerns that petty crime offenders would
graduate to ser ious c rimes . He questioned the situation regarding a
bottleneck in the State co rr ection system.
Chief Ruthven responded that the Sheriff had announced that they have 220
prisoners that should be in the State corr ectio n al fac il ities and 80 to
100 mental health patients t hat should be in mental health facilities
that are being he ld.
Mayor Swaim related that even though there had been g reat debate in the
last legis l ative session to elevate the problem , the S t ate has not
offered any relief. He pointed out that the crime rate decreased ir..
Pulaski Coun ty when the new J a i l faci l ity opened, but added that it.
filled quickly . He r elated that County Officials firmly bel ieve that the
Jai l should be County-wide funded, adding that Jacksonville i s paying
it 's fair share . He re l ated that he has offered to pay per prisoner per
day, if tha t were needed for the County. He stated t hat there needs to
be a permanent funding mechanism such as was proposed in the last Ge neral
Election that unfortunately the public choose not to support. He po i nted
out that unless there is a perma n ent 0 & M funding, the County will
suf f er these problems ind efinitely.
Alderman Fletcher related the need for a collaborated effort from the
Governor, Mayors, and Count y Judges t o work together to s o l ve t his
problem.
Discussion ensued r egardin g the various tax proposals o n the Genera }.
Election ballot.
Alde rman Wilson suggested t hat efforts be ma de to visit with the newlv
elected represent atives in the State legislature to inform them of ho~~
these problems a f fect the community they represent .
Mayo r Swaim related that he has spoken with Sandra Prat e r who is very
much aware of the problem. He related that wi th Mrs. Pra t er havi ng been
on the Quorum Court she h as dealt with the problem for many years, a ddi nq
that he wi ll plan to visit with Representative Bond and Senator Capps .
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 21, 2002
7 :00 P .M. - 7 :55 P.M .
In response to a question posed by Alderman Howard, Mayor Swaim related
that the ove r pass is open to Second Street for a right or left turn. He
projected that the first quarter of next year i s the earl i est opening
date . He related goals regarding the bridge for concrete pouring before
Thanksgiv i ng, adding t h at they are not going to make that date but are
getting close . He related concern from area business regarding the
length of time. He stated that unfortunately the City has no control
over the contract t i me , poin ting out that it is a State Hwy bid and that
t h e contractor is we l l within his t ime frame and has considerable time
left. He stated that he has visited numerous times with the State
Department in an effort to have Second Street opened, which would for the
mos t part open all b u sinesses to through t raf f ic going Second Street back
to Hwy 161.
Chief Ruthven mentioned concerns regarding continue traf fic going the
wr ong way on Oak and Elm Streets .
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7:55
p.m.
Respectfully,
9
0001:16 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
December 5 , 2002 7:00 P.M .
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Animal Control)
(Engineering Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
November 21, 2002
Regular City Council Meeting
November 7 , 2002
Regular Monthly Report/November
Public Works Director Jim Oakley
Regular Monthly Report/November
City Engineer Jay Whis ke r
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REG DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
A DJOURNMENT:
a. Fire Department Training
(Mayor Swaim)
b. Fire Department Cha pel Program
(Mayor Swaim)
FINAL PLAT : Colle nwood Phase IV
(Alderman Wilson)
Appointment of Otis Stewart to the
Jacksonville Civil Service Commission
for a term to expire 4/1/2006
Christmas Li~hting Ceremony
December 5 at 6 :00 p.m.
00021.7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 5, 2002
7:00 P .M. - 7 :35 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 December 5, 20 02 at the r egular meeting place of the Council.
Alderman Ray del i vered t he invocation and Vice Mayor Howard led a
standing audience i n the "Pl edge of Allegian ce" t o the flag.
ROLL CALL: Aldermen : E l liott, Smith , Lewis, Sansing, Ray, Wilson, Fletcher ,
Stroud , and Twitty answered roll ca l l. Vice Mayor Howard also answered ROLL
CALL declaring a quorum . May or Swaim was attending the National League of
Cities meeting in Utah . PRESENT ten (1 0), ABSENT (0).
Othe rs presen t for the meeting were : City Attorney Bobby Bamb urg , Deputy
Clerk Teresa Ca rter, Director of Admini stration Murice Green , Human
Resource Director Char l ie Brown , Ci ty Engineer Jay Whisker, Public Works
Director Jimmy Oakley, Finance Director Paul Mushrush, Finan ce Accountant
Cheryl Erkel , CDBG Director Theresa Watson, Police Ch i ef Ruthven , F ire
Chief Vanderhoof , Parks and Recreation Director George Biggs , Planning
Commission Chai rman Art Brannen , Mrs. Edith Smith, Mrs. Lindy Lewis, Mr.
La rry Smith, i nteres t ed citizens and members of t he press.
PRESENTATION OF MINUTES :
Vi ce Mayor Ho ward p resented the minutes of the Regular City Council
Meet ing o f November 21 , 2002 for approva l a nd/o r correction at the next
Regularly Sche du l ed City Council Me eting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved , seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 7 November 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Wilson to approve the
Regular Monthly Report for November 2002. Said report reflects :
ADOPTION/FINES : $632 .00
CONTRIBUTIONS: $ 0.00
TOTAL : $632 .00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Wilson to approve the
Regular Monthly Report for November 2002. Said report reflects :
PERMITS/LICENSE ISSUED
Bu ilding Permits
Business License
17
8
1
INSPECTIONS PREFORMED
Bui lding Inspect i o ns
HVACR
E l ectrical
Plumbi ng
57
31
76
61
000:118
UNSIGHTLY & UNSANITARY
Grass Letters 2
0
29
0
$ 0 .00
Property Mowed
Trash Letters
Trash Removal
Cost for Sept.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 5, 2002
7:00 P .M. - 7 :35 P .M.
VEHICLES
Notice of Noncompliance 50
Towed 4
CONDEMNATIONS
Structural Maint. Letters 0
Structural Repairs Made 0
Demolitions 0
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Ray, Wilson ,
Fletcher , Stroud , and Twitty, voted AYE . MOT I ON CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT : a . F ire Department Training
Fire Chie f Vanderhoof briefed the Council regarding a presentation
developed to introduce the Jacksonvi lle Fire Departmen t to various cities
and organizations . He stated that the presentation is adaptab l e
regarding time allotments.
He introduced Captain Kendal Snyder in charge of training, and relatec.
that Chap l ain Joe Bratton was unable to attend.
He related that the Mission Statement of the Jacksonville Fire Department.
is given t o each new member and is taken seriously by al l members . He
related t hat the Mission Statement is a goal strived by all. He stated
that this is accomplished by focusing on core values, tradition, ancl
heritage. He related that the Fire Department is staffed with sixty
dedicated and trained professional fire fi ghters who work 24 hours on duty
and 48 hours off . He stated that the Fire Department provides fire~
suppression , and advanced life support for the City of Jacksonville. He
offered a partial list of activities that the Fire Department i s involved
with such as the American Cancer Society Relay for Life , Sertoma, March
of Dimes , Youth Sports, School Tours, adding that it continues to grow .
He stated that the Department i s divided into six divisions cons i sting of
Chaplain , EMS , Training & Safety, Fire Marshal , Fire Prevention, and Fire
Suppression. He briefly described the services available under each
division, firstly noting that the Chaplain program provides emp loyee
assistance , firef i ghter support , family support commu n ity service to fire
victims , and non-denominational service. He then r elated that the EMS
program coordinated by Engineer Bob Thorton is comp rised of several award
winn ing EMS personnel, and is known Statewide for high quali t y EMS
service. He stated that each Engine Compa ny is staffed with trained
fi refighters that can provide basic life support and is strategically
located to respond within four minutes to any location. He then related
t hat two advanced life s u pport units can respond to any area in the City
within eight minutes.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 5, 2002
7 :00 P.M . -7:35 P .M.
He related that the Safety Section is headed by Captain Steve Moore. He
stated that Safety Committees review accidents and inspects the stat ion
for safety and makes recommendations .
He related that the F i re Marshall Capt ain Charlie Pope , backed by
Engineer Bill Allen creates a partnership between the Fire Department and
the commercial industry within t he City to promote a safe environment.
He added that the Fire Marshall is also a trained arson investigator .
He related that the Fire Prevention Section is coordinated by Captain
Mi ke Cantley and Firefighter Paramedic Mike Williams. He related that
the section was formed by the City Council in the 1980's to address
effort s in Fire Prevention. He stated t h at the Section has grown sin ce
that time from a budget of $500.00 to $6 ,000.00. He related that the
Fire Department has acquired a Kids Fun Safety House through a grant wi th
matchi ng Ci ty funds , adding that the safety house is an educational tool
used to s h ow approxi mately 7,000 schoo l children annua lly how to be fire
safe. He stated that fire safety i s a Department wide effort and that i t
is the duty of every firefighter to provide educat i on to the public that
may decrease t he chance of fire or accide n ts . He related that it is a
team effort accomplished wi th pride and enthusiasm.
He sta t ed that the Suppression team i s lead by Bat t alion Chiefs Claude
Howard , Ron Pee k, and Ken Snyder . He stated that suppression is what the
Fi r e Department is trained for , adding that the members are on three
shifts based on 24 hours on and 48 hours off . He stated that one of the
three Battalion Chiefs is on duty regardless of holidays or special
events . He stated that the Incident Command System allows each emergency
scene to have organization and structure . He explained that this
provides the Officer in charge a tool to manage the firefigh t ers and
resources ava ilab l e. He stated that from the time an alarm is received
at the F ire Station , uni ts are rolling wi thin 30 seconds .
He reviewed photographs of structure f i res in the City inc luding the
recent structure fire at Chapel Ri dge Apartments.
He introduced Battalion Chief Kendal Snyder in charge of training .
Chie f Snyder stated that Captain Steve Moore is the Training Officer ,
adding that the Training Divi s i on is the busiest division because
training occurs everyday. He stated that each firefighter receives an
average of 300 hours ann ually in Fire Suppression, Rescue and EMS , which
exceeds Nat i onal and State recommendations . He related that they receive
training in Hazmat, weapons of mass destruction and bio-terrorism
tra i ning since the 9-11 incident. He stated that all firefighters are
IFSAC ce r tified through the Arkansas Fire Academy with in one y e ar of
service and then move on to a three-year apprentice program . He related
that training is handled on a four stage concept of Posi tion Training,
Posi t ion Development , Posit i on Assessment , and Advancement Training. He
clarified that this mean s a fi r efighter is trained fo r t he ir presen t job,
then deve l oped from an app rentice to journeyman and then prepared for
promotion int o the next job with continuous assessments. He s tated that
3
0001.20
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 5, 2002
7 :00 P.M . - 7 :35 P .M .
the training committee makes recommendations and directs training
efforts. He stated that the future plans for the Training Division are
to continue hosting c lasses that bring firefighters in from other cities
across the State for career development regarding education and
certification through IFSAC (International Fire Service Accreditation
Council).
In response to a question posed by Alderman Wilson , Chief Snyder answered
that currently the evaluations for firefighters generally comes from the
Chief Officers regarding recommendations as far as individual training
needs . He complimented the Chief Officers, relating their dedication and
commitment to the job .
Chief Snyder then explained that a firefighter is under the Civil Service
guidelines so that when a position becomes available those with time in
rank requirements can apply to be tested. He related that the guideline
set by the Civi l Service is 2 years time regarding time in rank and a
compe titive test. He related that the promotion test was revamped last
year with goo d resu lts .
Discussion ensued regarding the recent fire at Chape l Ridge Apartments,
Chief Vanderhoof related that the investigation has concluded and that
the cause will be probably listed as undetermined , adding that the most
probable cause was plumbers weldi ng pipes . He stated that the fi re los~
was estimated at $2 60, 000. 00. He added t hat the firefighters did ar..
excellent job getting the equipment into the complex given that the
ground was extremely wet. He related the imm inent danger of occu pied
buildings as much as 150 feet away sustaining heat damage from the·
intense blaze, adding that those buildings were saved . He noted the
importance of access regarding a planned development of that size.
Alderman Fletche r commended the Department for its collective efforts and
cooperation working together.
Chief Vanderhoof stated that the Fire Department success starts by makin~r
employees a part of the organization, so they buy into that o rganizat ion
and are proud to be there and give 110%. He stated that the Fir e
Department h as many good people wh o donate extra time to contribute to
various committees and projects.
Vice Mayor Howard complimented Chief Vanderhoof and his staff ..
Alderman Smith pointed out that the completion of the overpass could
facilitate continued exce llent response time for the Fire Department .
b . Fire Department Chapel Program
Item deferred until Chaplain Bratton is available.
POLICE DEPARTMENT:
SANITATION DEPARTMENT:
STREET DEPARTMENT:
PARKS & RECREATION:
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 5, 2002
7 :00 P .M. -7:35 P .M.
PLANNING COMMISSION : FINAL PLAT Collenwood Phase IV
City Engineer Whisker related t hat two items in the common area were not
completed at the time of the last P l a nni n g Commission meeting, but have
since been comple ted to s atisf action .
Alderman Smith moved , seconded by Alderman Wilson to approve the Final
Plat of Collenwood Phase IV . MOTION CARRIED.
GENERAL:
APPOINTMENT(S): Civil Service Appointment of Otis Stewart
Alderman Fletcher moved , seconded by Alderman Wilson to approve the
appointment of Otis Stewart to the Civil Service for a term to e x pire
4/1/2006 . MOTION CARRIED .
2003 Budget
Vice Mayor Howard relat ed t hat informat i on regarding the 2003 budget was
distributed with the agenda packet and asked that questions be directed
t o Finance Director Paul Mushrush.
ANNOUNCEMENT(S): Vice Mayor Howard complimented the Street Department
regarding the City Christmas Decorations and announced that the Christmas
Parade will be held Saturday at 1 :00 p .m .
He re l ated that the Senio r Center wou l d h ost a fundraiser next Thursday
evening , saying that Al derman Smith and his singing group would provide
the entertainment .
He then related that City Hall would host its Annual Open House , December
1 3, 2002 from 12 :00 to 3:00 p .m .
ADJOURNMENT :
Vice Mayor Howard without objection adjou rned t he meeting at
approximately 7:35 p.m .
5
City Council Of Jacksonville, Arka nsas
AGENDA
Regular City Council Meeting
December 19 , 2002 7:00P.M.
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
(Fi re Department)
(Police Department)
6. WATER DEPARTMENT:
Regular C ity Council Meeting
December 5, 2002
Regular City Council Meeting
November 21, 2002
Regular Monthly Report/November
Ch ief Vanderhoof
Regular Monthly Report/November
Chief Ruthven
7 . WASTEWATER DEPARTMENT: ORDINANCE 1191 (#21-02)
Sewer User Rat es Assessed
(Mayor Swaim)
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
1 1. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13 . PLANNING COMMISSION :
14 . GENERAL:
15 . APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT
a .
Request to approve expe nditure for
Mold Test (Mayor Swaim)
ORDINANCE 1190 (#20-02)
Waiving Competitive Bidd ing :
T i me Synchronization System
(Mayor Swaim)
b. ORDINANCE 1192 (#22-02)
Budget 2003 (Mayor Swaim)
-
-
OO O~L~3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19 , 2002
7 :00 P .M. -8:08 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 December 19, 2002 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the flag.
Mayor Swaim recognized Chief Ruthven, who introduced Canine Officer Lando
and his handler Officer Brady . He related that the previous canine named
F ellow developed hip dysphasia and replaced by Lando. He then introduced
a Shepard Canine Officer named Benda and h i s handler Officer Collins. He
related that Benda is t he bomb dog recently approved for purchase by the
City Council.
ROLL CALL : Aldermen: Elliott, Smith , Lewis , Sansing , Ray, Wilson, Fletcher,
Stroud , and Howard answered roll ca l l. Mayor Swaim also answered ROLL CALL
declaring a quorum . Al derman Twitty was absent. PRESENT nine(9), ABSENT (1).
Others present for the meeting were: City Attorney Robert Bamburg, Deputy
Clerk Teresa Carter, City Engineer Jay Whisker , Public Works Director Jim
Oak l ey , Finance Director Paul Mus h rush , Accountant Cheryl E rke l,
Purchasing Agent C . J . Brown, CDBG Director Theresa Watson, Parks and
Recrea t ion Direct or George Biggs , Police Chief Ruthven, Fire Chief
Vanderhoof, Planning Commission Chairman Art Brannen, Mrs . Judy Swaim,
Mrs. Edith Sm i t h, Mrs . L indy Lewis , interested citizens an d members of
the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
December 5, 2002 for approva l and/or correction at the next Regularly
Scheduled City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Howard moved, seconded by Alderman Smith that the minutes of the
Regular City Council Meeting of 21 November 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Smith moved , seconded by Alderman Lewis to approve the Regular
Monthly Report for November 2002 from the Jacksonville Fire Department,
which reflects a fire loss of $314,100 and a savings total of $49,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Smith moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for November 2002. Said report reflects the Total Value
of Reported Stolen Property $99 ,662 . Total Value of Recovered Stolen
Property $72,483 and Total Report Sales $422 .00.
ROLL CALL : Alderman Elliott, Smith ,
Fletcher, Stroud, and Howard voted AYE .
MOTION CARRIED.
1
Lewis , Sansing,
Motion received
Ray, Wilson ,
(9) , NAY (0) .
ooo:t.24
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBE R 19, 2002
7 :0 0 P.M. -8 :08 P .M.
The City Council reviewed a crime statistics s ummary for the City of
Jacksonville comparing January t hrough June 2002 to those months in 2001
and the national statis tics for that same period. Chief Ruthven noted
that the statistics are not as positive as the previous report, stating
that the crime index and the modified crime index is above national,
southern and same size city statistics . He pointed out that the modified
crime index d iffers from the crime index because i t includes arson . He
stated that violent crime is down by 36 .2%, adding that property crimes
have risen . He pointed out that there were no murders o r rapes during the
reporting period, add ing that robbery , aggravated assault and motor
vehicle theft is down. He t hen noted that burglary and larceny has risen
with no reported arson in the reporting period. He stated that the
increase in the index is due to sta tistics associated with property
crimes. He re lated that the raw numbers indicated for burglary and theft
were over 680 incidents pushing the ove ra ll crime index up compared to
the smaller figures regarding cr imes o f vi o lence.
Mayor Swaim pointed out that while
increase , violent crime is down 36%,
assault is down by 38%.
the overall index does show an
robbery has decreased by 40% and
In response to a question from Alderman Wilson, Chief Ruthven responded
that the statistics indicate t hat there is a burg lary and theft problerr.
in the City ; he added that efforts are being focused to bring down the
property crime statistics . He stated that efforts rega rding commu nity
policing would continue .
Alderman Fletcher expressed concern regarding businesses that have home
delivery.
Chief Ruthven stated that there has been more than one incident involvin9
robbery of a person making home deliveries, adding that Department has
contacted each of those type s of businesses to inst ruct on crime
prevention methods. He sta ted t hat the Department has offered assistancE~
when avai l able to accompany delivery personnel into areas o f concern.
WATER DEPARTME NT :
WASTEWATE R DEPARTME NT : ORD INANCE 1191 (#21-02 )
AN ORDINANCE MODIFYING JACKSONV I LLE MUNICIPAL CODE § 13 .16 .060 REGARD I NG
SEWER USER RATES ASSESSED ; DECLARING AN EMERGENCY ; AND , FOR OT HER
PURPOSES .
Mayor Swaim related that the Wastewater Department has conducted two
public hea rings regarding the proposed rate increase . He recognized
Wastewater Chairman Joan Zumwal t to address Council.
Mrs. Zumwalt related that the need for a rate increase has been discussed
in great depth, adding that there are two final ized options for
consideration. She thanked Commissioners Kathy Parson, Kenneth McGhee
and prospective Commission er Fred Blote for their support . She
introduced consulting enginee r Mr. Larry Gattis.
2
000:l.2S
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19 , 2002
7 :00 P .M. -8:08 P.M .
Mrs. Zumwalt then stated that Mr. Gattis would present support
information regarding the Wastewater Department's need for a rate
increase, pointing out that the Util i ty has not had a rate increase in
ten years and that the Department has been ope rating at a deficit . She
re l ated that the Department was fortunate i n the earl y 90 's to earn high
interest rates, which it used for operation of the utility for many
years.
Mr. Gattis stated that the Was t ewater Commiss i on proposes an increase in
user charges to support continued utility ope rations and to fund Capital
Improvements and the Sewer Rehabi l itation Program. He related t h at the
Commission o perat es the Jacksonville Sewer System under an NPDS permit.
He state d tha t normally in Arkansas, the permit is administered by t he
State through the Department o f Environmental Quality , however, in
Jacksonville the Federal Environmental Protection Agency through the
Dallas Office administers the permit. He related that beginning in 1 99 4,
the EPA mandated the Comm i ssion under an Adminis t rati ve Order to perform
eight een succes sive acts to accomplish the two -fold objective of closing
the West P l an and eli mina ting sani t ary sewer overflows . He added that in
pursuit of t hat Administrative Order the Commission prepa red a sewer
system evaluation survey in 1995 , p ointing o ut that the survey identified
approxima t e l y 5,000 mainline and manhole defects contributing to sewer
system overflows in wet weather. He went on to say that the s t udy also
prioritized the 5,000 defects into 1, 2, 3 and 4 class p r iorities . He
rela ted that t he study recommended that priori ties 1, 2, and 3 be
repaired immediately and that priority class 4 work be monitored and
repaired as it become higher priority. He stated that the p roject was
i ntrodu ced to the City Council May of 1996 , assuming that the City
Council would pursue a revolving loan fund to fund the pro ject . He
stated that the pro ject developed i nto two primary elements of Identified
Sewer System Rehabilitation of priority 1, 2, and 3 defects , and the
Johnson Plant project tha t permitted the Commission to close the West
Plant. He related tha t t he City c hose to fund the project by
contr i buting 1 mil l ion, the Ai r Base would contribut e approximately 1 .5
mi l lion, a temporary Sales Tax would contribute 8. 8 million a nd the
Utility contr ibuted 1 .5 million . He added that the o ption de ferred any
rate incr ease pending t he completion of t he project. He then reviewed
the twenty-year rate hist o ry o f the Util i ty , saying that January 1, 1983
coinci ding with t he construction grants project for the J ohnson Plat, the
rate s were ad j usted to a Base Rate of $4 .10 for the firs t 2,000 gallons
and $1. 4 3 per thousand t hereaft er. He explained that the unit rate
($1.43) is applied to water meter sells and that the Water Department
utilizes a seasonal average to reduce the summer time impact. He pointed
out that in August of 1991 a rate adjustment removed a customer charge of
$. 61 from the base charge to b e shown as a separa te line i tern but
c larifi ed that there was no increase in rates. He point e d out that the
c ustom er charge is paid by the Wastewater Utility to the Water Department
reg arding administrative servi c es . He a dded that in March 1992, six
months f o l l owing the adjustment, the base rate was increased 10% fr om
$3 .4 9 to $3 .83 , and the unit rate f r om $1.43 to $1 .58 . He stated that
the increase would c onstitute approx imately 9% o n an a v erage 5 ,000-gallon
bi ll . He stated that it is significant to n o te that there has only been a
3
0001 .. 7.6
CI TY OF JACKSONVILLE
RE GULAR CITY COUNCIL MEETING
DECEMBER 1 9 , 2 002
7:00 P .M. -8 :08 P.M.
9% increase in user charges over a twenty-year period, considering
utility operat ions for that period. He noted that during that same
period of time the consumer index increas ed 20% and construction cost
increased 70%; both affecting utility operations. He re l ated that the
proposed increase is to support on-going Utility activities and fund the
Capital Sewer and Rehabilitation Program, adding that in the previous
three years Utility operation costs increase was 10% annua l ly . He stated
that projecting forward , the rate for the next eight years is
approximately 6 .7% increase .
He then rev i ewed the Capital Improvements Program that the Comm i ssion is
recommending to the City Council . He related that the Containment Cell
Cover and the SCADA System should be completed in 2003, which will be
funded from Utility reserves, adding that pump station u pgrades would be
completed in 2004. He noted that some of the pump stations are
approaching forty years or older and are in need of compl ete
rehabilitation. He stated t hat the East Pump Station handles a
significant portion of wastewater in the east part of Jacksonville and
that the design rate was determined in 1978, pointing out that it is time
for that station to be upgraded. He stated that the West Interceptor i s
one of the fina l remaining elements of the Maste r Plan adopted by the
Commission in 1980 , which would go west from the old West Plant and would
make sewer service more available to that part of the City and eliminate
at least four or five pumping stations. He stated that the Sewer Systerrt
Rehabilitation is at an estimated cost of 6 .6 million t o conclude an
e i ght-year plan to be completed in 2010 . He related that the
rehabilitation work would finish the priority 4 rehabilitation work that.
was identified in the study and would complete t he anticipated
unidentified work discovered in that pursuit. He stated that.
Constructi o n Manager Mr. Bob Williams has prepared maps describing the
proposed work .
He stated that since the Administr ative Order of 197 4, there were foux:
succe ss ive Orders in 1997 demanding that eighteen activities take place
which h ave now been completed . He related that the Commiss i on feels that
it has completed t he intent of the Administrative Orde r al t hough the
Order is still active . He related that EPA has not responded to recent:
correspondence, but added that it is his personal opinion that without
the proposed Sewer System Rehabil itation Program it would be difficult to
close that Administrative Order . He stated that while EPA is a nxious t o
shift the permit from the federal level to the state level, it would not
do so until a ll elements have been addressed. He added that he feels i~
the Comm i ssion could present a committed eight year, 6 .6 million dollar
program to the EPA regarding their demonstration of good faith effort in
the Administrative Order and along with State cooperation , he feels th!~
EPA will close the Administrative Order.
He then reviewed s i x options con sidered by the Uti l i ty to fund thl?
project. He related that options one through three envisions five equal
annual increases at the fi rst of each year, featuring options of
borrowing and not borrowing money regarding a State Administrated
Revo l ving Loan Fund program that replaces the construction grants progra1n
4
OOO ~t~7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7 :00 P.M . - 8 :08 P .M.
phased out in 1987. He stated that the RLF offers a low interest rate of
3. 25 % for twenty-years , adding that if borrowing the money is the
Council 's choice the RLF is probably the best option. He stated that the
Commission has also considered a market rate loan, which is approximately
5% and option three being if the Commission did not borrow money. He
s tated that it is significant to note that the Utility is debt free,
wh i ch is highly unusual and has served t o keep the rate s down for twenty-
years.
He then stated t hat options 4 through 6 envision a one -time rate increase
at the beginning of January 2003 l asting throug h that year period with
the corresponding RLF and market rate loan should that be the option
chosen . He related that none of the options include depreciation , adding
that the Utility has not been able to fund depreciation . He stated that
i n the last th ree to four years they have worked from reserves, adding
that all options would spend down Utility reserves to less than . 5
million o f t h eir unrestricted r eserves .
Alderman Wilson noted information made available during the public
hearing , pointing out that Jacksonville user rates as compared to other
cities close by are much l ess. He requested comparison figures for other
areas .
Mr. Gattis stated that the r a tes were compared to 350 State systems in
central Arkansas, and that Jacksonville came in at the 13 -percentile
meaning that 87 % of the people i n Arkansas pay more for 5,000 gallons . He
stated that the high was Littl e Rock .
In response to a question from Alderman Wilson , Mr. Gattis stated that he
doubts any of the o ther cities are debt free. He went on to say that
Benton is in the 57-percentile, Cabot in the 40 t \ Sherwood and North
Little Rock the 32 nct , Maumel l e in the 28th and Conway in the 23rd with
Jacksonville in t he 13t h. He stated that the 30 year o ld Federal Clean
Water Act started at the top and has worked its way down, adding that EPA
has addressed treatment for the most pa rt and is now dealing specifical ly
wi th sanitary sewer overfl ows , saying that it is going to become as
important as treatment ever was. He stated that cities are seeing a
distinct focus on rehab ili t ation.
Mayor Swa im noted that funds set aside f rom the Little Rock Air Force
Base is restricted to an equipment depreciation fund .
Mr . Gattis stated that the fund has .5 million for equipment replacement.
Alderman Stroud c o mmended the Commission f o r an outstanding job, saying
that there is no question rates will have to increase . He added that it
is the Council's responsibility to decide if i t will be a one-time
increase or f ive equal incre me ntal increases. He stat ed that from a
logical standpoint it would make more sense to implement the one -time
increase , but added that from a compassionate standpoint a one -time
increase would most adversely affect senior citizens. He noted limited
public particip a tio n regarding the public h ea r ings and stated that he has
5
000:1.28
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P .M. - 8 :08 P.M .
mi xed emot i ons to go e i ther way . He expressed concern t hat t he Utility
as well as now the City is having pull from reserve funds regarding
ope r ations . He complimented the management of the City, but re cognized
the need to raise r ates. He stated that the Ci ty needs to look at
increasing the revenue stream.
Alderman Fletcher stated that the elderly is a growing p ortion of the
population as Jacks onville becomes more and more of a retirement city. He
pointed out t hat with recent down turns in the economy and shortfalls in
state government , he feels the gen eral assembly will introduce new taxes .
He stated that given cuts in the P ula ski County budget regarding the
closing of a portion of the jail, it is only a matt e r of time before
there is a n out cry from the public . He stated that in the coming months
there will be a lot of tax issues brought to the peopl e and while it
might be the smart move to pass the one -time increase , he would like t o
see t hat the people most a ffected by th is decision is given the least
pain regarding the increase. He stated that he personal ly supports the
five equal increment increases.
Alderman Sansing stated that he feels it would be easier for the people
to handle a one -time increase than have an increase every yea r fo r five
consecutive years. He stated that the elderly are living longer and i n
five years they would be paying mor e than the single-rate incre ase . He
stated that the single-rate incre ase would be less than what it would be
in the fourth and fifth year of the plan .
Alderman Smith stated that while the smart move is option six, he would
agree with Alderman F letche r. He related that he has mostly heard front
cit i zens that te l l him they would prefer a gradual annual increase even
if it ended with a rate of $23 .91 instead of $20.94.
Alderman Ray stated that in speaking with constituents , even l ower income
c itizens have stated they would rath er have a one-time increase instead
of the partial equal incrementa l increase . He n oted the Wastewater
Comm i ssio n plan regardi ng the one-time increase to cor rect issues and end
the Federal Administration Order to have it turned back over to the State
for greater control.
Alderman Lewis voiced mix emotions . He then pointing out that with the
one-time rate increase the City would save money and at the end of the
five years the citizens would be p aying less in rates. He then added
that h e also understands that there are citizens on fixed incomes, which
must be taken into conside rati on.
Alderman Wilson stated that it is important to note t hat if the one -time
increase were chosen, it would affect apartment owners who would not hav13
an opportunity to adjust renta l rates until the current leases have
expired . He stated that it would place a significant burden on them for a
period of time as opposed to a gradual increase allowing them to adjust
rates accordingly. He stated that there are many citizens that would b•=
able to dea l with a gradual increase better. He commended the effo rts of
the Wastewater Commission in keeping rates down and their management of
6
0001.29
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7 :00 P.M . -8 :08 P.M .
the Utility in providing great service compared to other cities . He
stated that creating the Wastewater Commission to handle these matters
was one of the most advantageous decisions made by Coun ci l.
Alderman F l etche r related tha t t he po int was made that with a gradual
increase , rates wou l d be higher at the end of five years but added t hat
given i n f lat ion he d id not feel it would b e drastic . He related that as
a conservative , he believes that working people should b e allowed to keep
as mu ch of the ir money as they c a n. He re l ated that the Council n eed s to
be sensi tive to this issue . He stated that he would not want cit izen s to
be agains t other projects such as a separate school district or a
Community college because of an anti-tax sentiment .
Mayor Swaim offered to recognize anyone to speak for or aga inst the
issue, h ear ing none .
Alderman Wi ls on moved , s e conded by Alde rman Sm i t h tha t Ordinance 1191
f eaturing Option 3 (gradual 5-year incremental increase) be place d on
FIRST READING . ROLL CALL : Alde rman Elliott, Smi th, Lewis , Sans i ng, Ray ,
Wilson, Fletcher , Stroud , and Howard v o ted AYE . NAY ( 0) . MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
119 1.
Alderman Smi th moved , seconded by Alderman Lewis that Ordinance 119 1 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith , Lewis,
Wilson , Fletcher, Stroud, and Howard voted AYE. Alde rmen Sansing a nd Ray
voted NAY (2). MOTION CARRIED.
Alderman Howard moved , seconded by Al derman Wi l son that Ordinance 11 91 be
placed on SECOND READING . ROLL CALL : Alderman Elliott , Smith, Lewis,
Ray , Wilson, Fletcher, Strou d, and Howard voted AYE . Alderman Sans ing
voted NAY (1). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading o f Ordinan ce 1191.
Alderman Smith moved , seconded by Alderman Lewis that Ordinance 1191 be
p l a ced on THIRD and FINAL READING. ROLL CALL: Alderman El l i o tt, Smith,
Lew is, Sansing, Ray , Wil son , Fletcher , Stroud , and Howard voted AYE. NAY
(0). MOTION CARRIED. Wher e upon City Attorney Bamburg read the headin g
of Ordinance 1 19 1.
Alderman Strou d moved , s e conded by Alderman Howard that Ordin ance 1191 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott , Sm i th , Lewis ,
Sansing , Ray, Wilson , F letcher, S tro ud, and Howard voted AYE. NAY (0 ).
MOTION CARRIED.
Alde rman Sm i th moved , seconded by Alde rman Wil son that the EMERGENCY
CLAUSE be APPROVED and ADOPTED. ROLL CALL: Al derman El l iott, Smith ,
Lewis , Sansin g , Ray, Wilson, Fletcher , Str oud , and Ho ward voted AYE. NAY
( 0) . MOTION CARRIED .
7
0001,30
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7 :00 P .M. -8:08 P.M .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1191 THIS 19TH DAY OF DECEMBER
2002 .
FIRE DEPARTMENT:
POLICE DEPARTMENT: Request to approve expenditure for Mold Test
Mayor Swaim related that mold was found when the roo f at the Police
Department was replaced, adding t hat for health reasons he recommended
that a test be performed. He stated that a local contractor was able to
perform the testing expeditiously , adding that the statement came back at
$14,130.00. He stated that the contractor was over zealous, performing
more testing than was necessary. He stated that after receiving the
statement the City contacted the Health Department and discovered that
three samples would have been adequate for testing. He r elated that t he
contractor had performed 100 samp l es for testing. He stated that the
building was re -tested by another contractor c harging $1, 00 0 . 00, who
attested that the building was not dangerous regarding mold. He stat ed
that while the Ci ty owes the bil l and will pay it , he would like to
acknowledge that the contractor took advantage of the City in what was
deemed an emergency situation. He recommended that that Council
authorize that the contractor will not be allowed in the future to
perform wo rk for the City. He stated that he cla i ms responsib ility for
declaring an emergency regarding employee health factors, and is
recommending that the statement be paid from the Contingency Fund.
Alderman Smith moved, seconded by Alderman Stroud to approve the1
expenditure of $14,130.00 from the Conti ngency Fund for mold testing at:
the Police Department . MOTION CARRIED .
PUBLIC WORKS:
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL: a. ORDINANCE 1190 (#20-02)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE ,
ARKANSAS, FOR THE PURPOSE OF OBTAINING A TIME SYNCHRONIZATION SYSTEM FOit
THE JACKSONVILLE 911 COMMUNICATIONS CENTER ; DECLARING AN EMERGENCY; AND ,.
FOR OTHER PURPOSES .
Mayor Swaim stat ed t hat the est imated cost of the system for the 911
Communications Center i s approximately $12 ,893.00 . He related that the
reason for waiving competitive bidding is to remain with the same
contractor that also carries the service contract , adding that t h e
equipment is compatible with the existing equ i pment.
Alderman Stroud moved, seconded by Alderman Wi l son that Ordinance 1190 bt=
placed on FIRST READING.
In response to a question from Alderman Wilso n, City Atto r ney Bamburq
clarified that the each computer has its own internal time clock and the
8
-
0001,31.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7 :00 P.M . -8:08 P.M .
synchronization system would pull the var ious systems that operate
communication system toge ther. He explained the importance regar ding
emergency responses to the Fire, Ambulance, or Police Department
reporting.
ROLL CALL : Alderman Elliott, Smith , Lewis, Sansing , Ray, Wilso n,
Fletcher , Stroud, and Howard voted AYE . NA Y ( 0) . MOTION CARRIED.
Whereupon City Attorney Bamburg read t he h ead i ng of Ordinance 11 90.
Alderman Wilson move d , seconded by Alderman Ray that Ordinan ce 1190 be
APPROVED on FIRST READING. ROLL CALL : Alderman Elliott, Smith , Lew is,
Sansing , Ray , Wi l so n, Fletcher, Stroud , and How a rd voted AYE. NAY (0).
MOTION CARRIED .
Alderman Ray moved, s econd ed by Alderman Wilson that Ordinance 1 190 b e
placed on SECOND READING. ROLL CALL : Alderman El liott, Smith, Lewis ,
Sans ing, Ray, Wi l son, Fletcher , St r oud, and Howa r d voted AY E . NAY (0).
MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Lewis that Ord inance 1 190 b e
pl a ced on THIRD and FINAL READING. ROLL CALL : Alderman El liott , Smith,
Lewis, Sansing, Ray , Wi l son, Fletcher, Stroud , and Howa rd v oted AYE. NAY
(0). MOTION CARRIED.
Alderman Ray moved , seconded by Al d erman Wilson that Ordinance 1190 be
APPROVED AND ADOPTED. ROLL CALL : Alderman El l iott , Smith , Lewis ,
San sing, Alderman Ray , Wil son, F l e tcher , Stroud, a nd Howard voted AY E.
NAY (0). MOTION CARRIED .
Alderman Ray moved, seconded by Alderman Stroud that the EMERGENCY CLAUSE
be APPROVED and ADOPTED. ROLL CALL: Al derman El l iot t , Smith , Lewis,
Sansing , Alderman Ray , Wilson , Fl etcher , St r o ud, and Howard voted AYE.
NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1190 THIS 19TH DAY OF DECEMBER
2002 .
b . ORDINANCE 1192 (#22-02)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2003 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 .
Alderman Smith moved, seconded by Alderman S tro ud that Ordinance 11 92 be
placed on FIRST READING.
Alderman Wilson stated that it i s important to note t hat revenue
sho r tfa l ls were fu n ded from the Capital Expenditur e Fund, adding that
most cities with less sound financ i al planning were not able to provide
9
0001.3 2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P .M. -B :OB P .M.
for expected shortfalls . He stated that the City of Jacksonville did not
have to lay off employees as was the case in other cities. He commended
the Mayor and Finance Director Mushrush for the outstanding financial
planning that enabled the Ci ty to continue uninterrupt ed service. He
stated that l o ng-term revenue sources will need to become the future
focus following results from pendi ng court cases .
Mayor Swaim stated that set aside monies for Capital Improvement has
never be e n used in t he past regarding a balanced budget, but added that
the City is very fortunate to have those monies when many other cities
were not able to meet the shortfalls. He stated that investigating area s
of funding for the 2004 budget has already begun. He stated that it i s
hoped that the Supreme Court will rule in favor of the cities regarding
the Use Tax , which would provide approximately $500,000 annually for the
City budge t .
Alderman Ray noted that through sound planning the City was ab l e to
provide for t he shortfall , pointing out that prior to the present
administration that would not have been t he case . He commended the
budget p r eparation .
In response to a question from Alderman Smith, City Attorney Bamburg
re l ated that there is not an expected date regarding the r u l ing,
expl aining that the appeal on behalf of the cities, County and the State
was f iled l ast week. He stated that the court records will be preparec
for the Supreme Court, pointing out that the normal time period is 9C
days followed by a briefing schedule issued by both sides. He stat e d
that the various entities have ag r e e d to present one united brief to the:
Supreme Court . He related that he antic i pates a minimum of six months to
one year.
Alderman Fletcher stated that the City has always been commended i n the
annual audit for it foresight in financial p l anning and that the
shortfalls experience by cities in the State this year has brought the
Ci t y of Jacksonv i lle 's exemplary financial planning into sharp f ocus .
ROLL CALL : Alderman El l iott , Smith, Lewis , Sansing , Ray , Wilson,
Fletcher, Stroud , and Howard voted AYE. NAY ( 0) . MOTION CARRIED ..
Whereupon City At torney Bamburg read the heading of Ordinance 1192.
Al derman Stroud moved, seconded by Alderman Ray that Ordinance 1192 bE~
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott , Sm i th, Lewis ,
Sansing, Ray, Wils o n , Fletcher, Stro ud , and Howard voted AYE. NAY (0).
MOTION CARRIED.
Alderman Lewis moved, seco nded by Alderman Howard that Or dinance 1192 be
placed on SECOND READING . ROLL CALL: Alderman E ll iott , Sm i th, Lewis,
Sansing , Ray , Wi l s o n, Fletcher, Stroud, and Howard voted AYE . NAY (0).
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ordinance 11 92.
10
CITY OF JACKSONVILLE 000133
REGULAR CITY COUNCIL MEETING
DECEMBER 19 , 2002
7 :00 P .M. -8 :08 P .M.
Alderman Smith moved, seconded by Alderman Stroud that Ordinance 1192 be
placed on THIRD and FINAL READING . ROLL CALL : Alderman El liott, Smith,
Lewis, Sansing, Ray, Wilson , Fletcher , Stroud, and Howard voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading
of Ordinance 1192.
Alderman E l liott moved, seconded by Alderman Lewis that Ordinance 1192 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott , Smith, Lewis,
Sansing, Alderman Ray, Wilson, F letcher, Stroud , and Howard voted AYE.
NAY (0) . MOTION CARRIED .
Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY
CLAUSE be APPROVED and ADOPTED. ROLL CALL: Alderman El liott , Smi t h,
Lewis , Sansing , Alderman Ray, Wilson, Fl e t cher , Stroud , and Howard voted
AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1192 THIS 19TH DAY OF DECEMBER
2002.
OVERPASS UPDATE :
Mayor Swaim related that the concrete pour for the bridge is completed
along with two layers o f asphalt. He stat ed that the abutment areas wil l
follow , adding that the sidewalks have been completed and the pouring of
the concrete walls has begun for the steel railings . He stated t hat the
projected completion d ate is during the first quarter depending on
weather. He stat ed that the street is now open to Second Street .
Discussion ensued regarding the clos ing of the Graham Road crossing ,
Mayor Swaim re l ated that in the pre l iminary planning stages it was
proposed for closing a nd would be done on a temporary basis to determine
factors regarding an emergency situation . He related that the Railroad
had r equested a permanent clos i ng and the Ci t y proposed to construct
concrete barriers for a length of time to determine the affect of the
overpass regarding the crossing. He stated that there is an option to go
back and open the c r ossing if it is determined necessary.
Alderman Sansing related t hat from the beginning he has opposed the
permanent closing of the Graham Road crossing .
Mayor Swa i m related that the Railroad has advocated the clos ing regarding
safety factors , saying that the hope is that drivers will prefer to take
the overpass rather than wait for a train . He stated that the closing
would be monitored regarding inconvenience.
ANNOUNCEMENT: City Hall will be closed December 24th and 25th for
Christmas Holidays .
11
OOO~l.34
ADJOURNMENT:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 19, 2002
7:00 P.M. -8:08 P.M.
Mayor Swaim without objection adjourned the meeting at approximately 8 :08
p .m.
Respectfully,
~~v.J~ MAYOR TOMMY SWAIM
1 2