2003City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
January 2, 2003 7:00 P .M .
SWEARING IN CEREMONY:
1. OPENING PRAYER:
2 . ROLL CALL:
3. PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5 . CONSENT AGENDA:
6. WATER DEPARTMENT:
Newly Elected Officials
Officiating Justice of the Peace
Dennis Sobba
Regular City Council Meeting
December 19, 2002
Regular City Council Meeting
December 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: a. NIBRS/RMS Software for Police
Department and Communications Center
(Mayor Swaim) (Available at Meeting)
b. DISCUSSION : Amending Jacksonville
Municipal Codes (Mayor Swaim)
15. APPOINTMENTS : Re-appointment of Bobby Lester,
Susan Dollar and Tammy Green to
the Planning Commission for terms
to expire 01/01/2006
16 . ANNOUNCEMENTS :
ADJOURNMENT:
000135
00013G CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 2, 2003
7:00 P.M. -7:18 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of J acksonville , Ar k ansas met in Regular
Session on January 3 , 2003 at the regul a r me eti ng place of t he Counci l.
Justice of Peac e De nnis Sobba administered the Oath of Office to the
newly re -elected City Of f icia l s.
Alde rman S troud delive r e d the invocation and Mayor Swaim led a stan ding
audi ence in the "Pledge of Al l egianceu to the flag.
ROLL CALL: Aldermen : Elliott , Smith , Lewis, Sansing , Ray , Wilson, Fl e tche r ,
Stroud , Twitty , and Howard answe r e d roll call . Mayor Swaim a l so answered
ROLL CALL dec l aring a quorum . PRES ENT ten (10), ABSENT (0).
Others p r esent for the meeting were : City Attorney Robe r t Bamburg , Deputy
Clerk Teresa Carter , Director of Administration Director of
Administration Murice Green, Human Resource Dire ctor Charlie Brown , City
Engineer Jay Whisker, Finance Director Paul Mushrush , CDBG Director
T h eresa Watson , Police Chief Rut hven , Fire Chief Vanderhoof, Planning
Commission Chairman Art Brannen , Mrs . Judy Swaim , Mrs. Beverly Elliott,
Mrs . Lindy Lewis, Just ice o f the Peace Dennis Sobba , interested citizen~;
a n d members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of t he Regular City Counc i l Mee ting of
December 19 , 2002 for approval and/or correction at the next Regularly
Scheduled City Co u n cil Me eting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Stroud that the minutes of th·~
Regula r City Council Me eting of 5 December 2002 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA :
WATER DEPARTMENT:
WASTEWATER DEPARTMEN T:
FIRE DEPARTMENT:
POLICE DEPARTMENT :
PUBLIC WORKS :
PARKS & RECREATION :
PLANNING COMMISSION:
GENERAL : a . NIBRS/RMS Software
May or Swaim related that the Ci ty r e l ieved a grant to help meet Feder a l
reporting requiremen ts for the Police Department . He stated tha t the
bids have been received and that the s hare to be paid by the City is
a pproximately $78 ,702 plus appl i cable taxes . He related that all grant
monies would be used to defray expenditure r egardi n g purchase of the
NIBRS System Software for the Comm unica tions Cen ter and the Po l i ce
Department. He stated that the City's share has b een set-as ide in the
911 fund and is a vailable to cover the required purchase.
1
000137
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 2 , 2003
7 :00 P .M. - 7 :18 P .M.
Chief Ruthven stated that the low b id i s approximately $6 ,000 be low the
other b i dde r, adding that although it i s not r eadi l y identifiable in the
bid, the low bidder would also provide an annual savings o f a p proximate ly
$4 ,300 in annual maintenance contracts.
Alderman Elliott moved, seconded by Alderman Sansing to accept the low
bid from Access Data in the amount of $100,795.00, with the balance
following grant funds to be funded through appropriated 911 Funds.
I t was n o ted that the software is compa tib le with ex i st i ng software.
Chief Ru thven re l ated that the record s management program would allow the
Police Depart ment and Communication Center to maintain r ecords in an
automated fashion as opposed to a hard copy. He related that the package
includes a computerized dispatching system that i s linked electron ically
between the 911 Communication Center and the Police Department. He
explained that the Police Department repo rt s crime s tati stics to the FBI
annual ly throu gh ACIC , adding that as of January 1 , 2003 the Depar tmen t
wi l l be using the new NIBRS (National Incident Based Repor ting System)
ins t ead o f the UCR (Uniformed Crime Repo rt ing System) . He related that
the software p rogram will allow for repo r ting data as required through
NIBRS . He exp lained tha t the Communicat i on Cen t e r and the Police
·Department would jointly work off the same software package so that i f
something is done in one area it will i mpact positively i n the other
area . He re l ated that any software changes would apply to both age n cies
simul taneous ly, so there would not be any difficulty work i ng together .
He pointed out that the primary link would be wireless and the back up
mode would be hardwired between t h e two agencies.
In response to a question posed by Alderman Wi l son , Chief Ruthven stated
that the hardware is in place and that the so f tware capability would work
from twenty computer stations at the Police Department and four stations
at the Communicatio n s Center regarding linked data input.
At this time , MOTION CARRIED.
b. DISCUSSION Amendi ng Jacksonville Municipal Codes
Mayor Swaim recognized City E ngineer Wh i sker , who informed the Counci l
that the Jacksonville Municipal Code requires that the purchase of
property on a metes a n d bounds l egal description unde r five a c res be
platted by the Planning Commi ssion, addi n g that the process of final
platting requires improveme nts b e made before final plat approval is
gra n ted . He explained that a prospe ctive buyer d oes not necessarily want
t o make those improve ments b efore a ctually purchasing the property. He
stated that he would like t o have the Code amended to reflect tha t a
c erti fied check or cash for the require d impro vements could be accepted
so the Planning Commission and City Coun c il could approve the fina l plat .
He stated t h a t the monies would guarantee the improvemen ts would be made
fol l owing the fina l plat . He related that Sherwood and Cabot operate in
the same fashion , adding that h e was u nable to reach anyone at Littl e
Rock or North Little Ro c k regarding thi s type of s i tuation .
2
000:1~8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 2, 2003
7:00 P.M . -7:18 P .M.
Discussion ensued regarding circumstance promoting the proposed amendment
and City Engineer Whisker explained that according to State law, any
property under five acres being sold must be properly platted. He
expla ined that a smaller portion of property belonging to a larger tract
cannot be divided and sold until the final plat is approved by the
Planning Commission and City Council , a dding that any required
improvements such as curb, gutter, and street improvements according to
the Jacksonville Municipal Code would have to be built before final plat
approval is given.
In response t o a question posed by Alderman Wi lson, City Engineer Whisker
answered that he would li ke the Code a me nded to pertain to both inside
the City limits, as we ll as Jacksonville's planning jurisdiction outside
the City limits. He then related that the amendment wo ul d app l y to any
p i ece of property smaller than five acres .
Mayor Swaim pointed out that the requirement is not a new law , explaining
that people have been transferring property on purchase contracts and
that legal l y the State does not allow that without proper platting of
land .
Alderman Fletcher questioned if someone outs i de the city limits buying
one acre of land would still be required to have curb and gutter.
City Engineer Whisker answered that technically they wou ld, adding that
in many cases the y do not have curb and gutter in the County.
Mayor Swaim related that the Ci t y needs an o rdinance to address the
situation on a local level.
In response to a question posed by Alderman Wilson, City Engineer Whisker
related that the State law requires that the land be final platted beforE!
being sold, adding that the problem is that no one wants to purchase the
land that has b een final platted until the required improvements are
made . He pointed out that the City could not approve t he final plat:
until the improvements were compl eted according to the Jacksonvill e
Municipal Code . He clarified that the improvements technically have to
be finished , but the owner does not want to be responsib l e for them, but
would like the buyer to make the required improvements. He then pointed
out that the buyer is not going to make improvements on land that he does
not yet own . He stated that the amendment entitles the buyer to put up
money so that the City would know that the improvements would be
completed o n ce the property is final platted.
Mayor Swaim explained that the situation does n o t occur very often .
City Engineer Wh iske r stated tha t this cou l d happen probably in several
t rac ts, possibly on West Main regarding the seven acre acres for sale.
He explained that if a buyer onl y wanted to purchase three acres the City
would require s idewa lk, curb and gutter or additionally water or sewer
line improvements .
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000139
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 2, 2003
7 :00 P .M. - 7 :18 P .M .
Mayor Swaim stated that the amendment would not change any r equi rement
that has been required i n the past. He stated that he feels there may be
some apprehens i on regarding the five-mile jurisdiction, adding that the
City has not actively searched those situations out and is many times
unaware, if they are not brought to the City. He re l ated that if it is a
matter of development outside the City , then it should be brought t o the
Planning Commission t o allow them to proceed .
Alderman Wilson questioned if the City requires curb, gutter and
sidewalks outside the City limits .
City Engineer Whisker stated tha t usual ly Pulaski County is the
controlling factor, unless it is close enough to the City limits to be
considered for annexat i on in a reasonable amount of time.
Mayor Swaim asked the Council to consider the information provided ,
adding that an ordin ance would fo llow at a later time .
Alderman Elliott stated that if the City is going to consider accepting
monies for improvements, it should factor in not on l y e stimated costs of
improvements but also a poss i ble contingency for overruns.
Alderman Wilson asked that City Engineer Whisker provide confirmation
from Little Rock and North Li ttle Rock regarding their policy for the
sale of property under five acres, before the ordinance is presented for
action .
City Engineer Whisker stated that he would, adding that Sherwood and
Cabot have already confirmed that the same situations are handled by
accepting improvement monies .
APPOINTMENTS : PLANNING COMMISSION
Alderman Smith moved, seconded by Alderman Wilson to
Reappointment of Bobby Lester, and Susan Dollar to
Commission for terms to expire 01/01/2006 .
approve the
the Planning
Mayor Swaim noted that Commissioner Tammy Green would not be available
for reappointment, explaining that she has moved from town .
Alderman Stroud related the opportunity to observe the Commissioners and
feels that Commissioner Dollar, Lester and Green have all been
outstanding members on the Planning Commission .
Discussion ensued and it was noted that staggered terms are set up within
the Planning Commission membership .
At this time , MOTION CARRIED.
ANNOUNCEMENT: Mayor Swaim related that anyone wishing to attend the
Annual National League of Cities meeting in March should contact Bertha
Tipton regarding arrangements .
4
000:1/iO
CAFR
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 2 , 2003
7 :00 P .M. -7 :18 P.M .
Mayor Swaim announced that the City has once again won the Cert ificate of
Achievement for Exce llence in Financial Reporting from the Government
Finance Off i cers Association . He stated tha t it is a great
accomp l ishment for the City of Jacksonville, and po i nted out that thi s is
the fifth consecut i ve year the Ci ty has won the award. He related that
only seven other cities in the State have won the award and only a few
have be en consecutively.
Alderman Ray commented that bus i ness had r emained brisk fo llowing the
holiday season, hoping that the return in sales tax would be more
fa vorable for the City .
Mayo r Swaim stated that the City Sales Tax was slightl y higher than last
year , however, the County Sal es Tax was below the previous year . He
stated that last month the Use Tax was approximately $16,000 less for the
same time one year ago. He explained that t he County Sales Tax h as only
had two positive months that exceeded previ ous earnings. He stated that
the returns from the County have n ot been as pos itive as those for the
City.
In r esponse to a quest i on posed by Alderman Fletcher , Mayor Swaim related
that the moratorium regarding the Internet Sa l es Tax exclusion would
expire this year or next . He stated that on the national level the
National League of Cities is working toward a tax agreement. He
explained t hat from t he bil l ions of dollars spent on the Internet there
is no l oca l or State sa l es tax co llected . He stated t hat the pot ential
lost of income has been deemed so sign i ficant that a lot of States are
i n vestigating o ther ways to r aise income. He stated that he was not
posit i ve if the Federal legi s l atur e wou l d do anythi ng to he l p c i ties , but
added that the National Leagu e o f Cities is lobbying for that position
and have had a number of summit meeting trying to work a so lution that
would allow taxes to be collected fairly fr o m municipali t ies and stat es .
He noted that success would depend on Congress .
Alderman Elliott stated that h e is aware o f many people who d id most of
their Christmas shopping on the Int ernet.
General consen sus was that cities and s tates suffer greatly f rom Interne1:
s ales .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :113
p.m .
Respectful ly,
~l>w~ MAYOR T<) ,. SWAIM c
5
City Council Of Jacksonville , Arkansas
AGENDA
0 001.11
Regular City Council Meeting
JANUARY 16, 2003 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 DEPT:
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:
ADJOURNM ENT
a.
Regular City Council Meeting
January 2, 2003
Regular City Council Meeting
December 19 , 2002
Regular Monthly Report/December
Annual Report 2002
Public Works Director Jim Oakley
Regular Monthly Report/December
City Engineer Jay Whisker
Regular Monthly Report/December
Chief Vanderhoof
Regular Monthly Report/December
Chief Ruthven
STATE OF THE CITY (Mayor Swaim)
Annual Report presented by Ken Anderson
(avail. at meeting) (Mayor Swaim)
Annual Report presented by Thea Hughes
(avail. at meeting) (Mayor Swaim)
b. Valentine-Wooten Road Sewer Improvement
Legal Service Contract (included in packet)
(Mayor Swaim)
a.
PRESENTATION : Crime Statistics 1999-2002
(included in packet) (Mayor Swaim)
DISCUSSION: Portable Carports
(Alderman Stroud)
WASTEWATER COMMISSION
Appointment of Fred Belote to fill the unexpired
term of Mr. J .C. George to expire 04/20/05
0001/12
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16, 2003
7:00 P.M . -7 :40 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on January 16 , 2003 at the regular meeting place of the Council.
Alderman Lewis delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Al legiance" to the flag.
ROLL CALL: Aldermen : Elliott, Smith, Lewis , Sansing, Wilson, Stroud, and
Howard answered roll call. Mayor Howard also answered ROLL CALL declaring a
quorum . Alderman Fletcher arrived at approximately 7:08 p.m. Alderman
Twitty arri ved at approximately 7:1 2 p .m. Alderman Ray arrived at
approximately 7 :14p.m . PRESENT ten (10), ABSENT (0).
Others present for the meet i ng were: City Attorney Bobby Bamburg, Deputy
Clerk Teresa Carter , Director of Administration Murice Green, City
Engineer Jay Whisker, Publ i c Works Di rector Jimmy Oakley, Finance
Director Paul Mushrush, CDBG Director The r esa Watson , Police Chief
Ruthven, Fire Chief Vanderhoof, Parks and Recreation Director George
Biggs, Wastewater Comm i ssion Chairman Joan Zumwalt , Wastewater Department
Manager Thea Hughes, Water Comm i ssion Chairman Thad Gr ay, Water
Department Manger Ken Anderson, Planning Commission Chairman Art Brannen,
Mrs. Judy Swaim, Mrs. Edith Smith, Mrs. Lindy Lewis , Mr . Ben Rice, Mr .
Otis S t ewart, Mr. Larry Smith , interested citizens and members of the
press .
PRESENTATION OF MINUT ES:
Mayor Swaim presented the minutes of the Regular City Council Meeting of
January 2 , 2003 for approval and/or correction at the next Regu l arly
Scheduled City Coun c i l 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 19 December 2002 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved , seconded by Alderman Stroud to approve the RegulaJ~
Monthly Report for December 2002 and the year-end report of 2002 . Saici
report reflects:
DECEMBER ADOPTION/FINES : $ 795.50
CONTRIBUTIONS : $ 0 .00
TOTAL: $ 795. 50
ENDING 2002
OVERTIME HOURS:
ADOPTION/FINES :
CONTRIBUTIONS :
TOTAL:
1
544 .75
$7,040 .25
$ 45 .00
$7,085 .25
REGULAR MONTHLY REPORT/ENGINEERING
0001,.1 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16 , 2003
7 :00 P .M. -7:40 P .M.
Alderman Wilson moved, seconded by Alderman Stroud to approve the Regul ar
Monthly Report for December 2002. Said report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business L icense
1 3
7
UNSIGHTLY & UNSANITARY
Gra ss Letters 0
0
29
0
$ 0.00
Property Mowed
Trash Letters
Trash Removal
Cost fo r Sept.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
P l umbing
VEHICLES
53
25
58
55
No t ice of Noncompliance 36
Towed 2
CONDEMNATIONS
Structural Ma int . Letters 0
Structura l Repairs Made 0
De mo litions 0
Alderman Wilson moved, seconded by Alderman Stroud to approve the Regular
Monthly Report for December 2002 from the Jacksonville Fire Department,
which reflects a fire loss of $82,600 and a savings total of $332,900.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Wilson moved , seconded by Alderman Stroud to approve the Regular
Monthly Report for December 2002. Said report reflects the Total Value of
Reported Stolen Property $197,310 . Total Value of Recovered Stolen Property
$142,204 and Total Report Sales $429.00
ROLL CALL: Aldermen: Elliott, Smith, Lewis,
Fletcher, Stroud, Twitty, and Howard voted AYE .
Sansing , Ray , Wilson ,
MOTION CARRIED .
WATER DEPARTMENT : Annual Report presented by Ken Anderson
General Manager Ken Anderson summarized the Water Works accomplishments
for 2002, stating that under the guidance of the Jackso n vi l le Water
Commission, the Department completed another year under budge t whi l e
making improvements to the water system . He related that the production
of water for 2002 was down d ue to the mild summe r and the d i scontin uance
of the sa l e of water to Cabot . He pointed out that July lOth wa s the high
for t h e year at 8. 5 mi llion gallons, less than 2001 's re co rd of 8. 9
mi l lion. He stated that t he tota l production for 2 002 wa s 1 .6 billion
ga l lons, a decrease of 13 .7% fro m 2001 wi th a daily average flow of 4.4
million gallons. He related t hat 6460 linear feet of pipe was i nstalled
and u pgrades were made to the Co l lenwood Subdiv i sion Phase IV , Medlock
P l ace Subdivision, Oa k Ridge Ranch Estates , Mar t in Street S e nior
Residence Center, Ch urch of the Livi ng God on Valent ine Road, Sunnys i de
Phase VIII, Chapel Ridge Apartment Comp l ex Phase II , Mi litary Road ,
Western Hi lls Subdivi sion , General Samuels Road , Hill Street, Carver Lane
and Jacksonvi lle Plaza. He related that to insure that Jacksonville h as
a n adequate future supp l y of water, the Water Department is sharing the
cost of a water main from Central Arkansas Water Treatment P lant t o
2
0001/!4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16 , 2003
7 :00 P .M. -7:40 P.M .
Cabot . He stated t hat this project is scheduled to be comp l eted by 2010
and would provide Jacksonville with water until 2020, at which time water
from lake Quachi ta or Greer's Ferry Lake would be on line to handle
Jacksonvil l e water needs through 2050 . A copy of the Annual Water
Department report is o n file in the Office of City Clerk.
WASTEWATER DEPARTMENT: Annual Report presented by Thea Hughes
Mrs. Thea Hughes addressed the Council , saying that the Wastewater
Department recently had a ve r y intensive inspection from the State
regarding the treatment facility, which in cluded the pretreatment
program, collection system, and rehab. She re lated that the inspector
praised the plant as one of the best in the State. She stated t hat this
is the seventh consecutive year without any violations , noting that there
are not many other cities that can make that claim . She related t hat a
requested rate increase was recently approved for the purpose of daily
O&M , Capital Improveme nt Projects, and line rehab. She stated that in
2002 the Wastewater Department responded to 121 mainline calls, 1 07
se rvi ce line calls, adding that 61% of those problems were attributed to
grease blockage . She relate d that the Wastewater Department has mounted
a campaign to inform the public of problems associated with disposal of
grease in home drains. She stated that in addition to running
advertisements in the l ocal paper they typically mail flyers in the
neighborhood where a major grease blockage has occurred. She s t a t e d that.
the Wastewater Department cleaned 78 miles of sewer lines , replaced 1,971
feet of mainline, con struc ted 62 new manholes, responded to 2,208 line
locations and televised 50,000 feet of l i ne, while passing al l of the EPP.
sampling and testing requirements in bio-monitoring over the past five
year audit. She added that they completed a hydraulic mode l in basin
three, which was the basin wh e re they had expe ri enced the most problems .
She related that the hydraulic model indicated that they do not need to
build relief sewer s , but upgraded pump stations . She expla ined that the
planned upgraded pump stations would offer relief in that area . She
pointed out that the Department continues to perform flow monitoring and
rehab and further pointed out that a ll requirements and deadlines have
been met regarding the Administrative Order. She stated that the main
issues keeping the Administrat i ve Order from b eing closed are items 13 ,
16 and 18 on pages 3 a nd 4, which require elimination of a l l overflows
and unpermitted dis charge s . She added, f or that reason they have
proposed an extensive rehab program , adding that EPA is beginning to
focus much c l oser on rehab. She r elated that many cities have been fined
for not having a rehab program, saying that they feel that the rehab
program and Capital improvements program will be taken into consideration
towa rd closing the Order . She re lated that the service line polic~t
requ i res homeowners to repair their service lines, p o inting out that 2!)
service lines were repaired in 2002, noting t r emendou s cooperation fro1n
homeowners. She stated that the Wastewater Dep artment is continuing an
8-year rehab plan on their priority four and ident ifying other problems
as t hat work is being completed. She stated that 218 priority four rehab
problems were addressed this year and 92 unidentified probl e ms. She
re l ated that there are twenty licensed operators out of th irty-five and
three class four operator s . A copy of the Annual Wastewater report is on
fi l e in the Office of t he City Clerk.
3
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000245
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16 , 2003
7 :00 P.M . -7 :40 P .M.
Mayor Swaim commended the volunteeri sm of the Commissioners serving on
the Water and Wastewater Commiss i ons .
He then noted t h at the Wa t er Department could have paid its bond issue
off earlier, adding tha t with interest rates so low they we r e actually
making money by not paying it off ahead of schedule . He stated that the
City of Jacksonvill e has no bond indebtedness and is o n e of only a few ,
if n ot the only , ci t y in the State that does not owe any bond
indebtedness .
STATE OF THE CITY PRESENTED BY MAYOR TOMMY SWAIM
Mayor Swaim began with the question on everyone's mind, how the City
completed the fiscal 2002 -yea r f inancially , a nd projections regarding the
loss of income for 2003 . He stated that 2002 was a difficult year for
municipal governments and that the State budge t had significant short
fal l s as well . He stated that h owever, he is p leased t o report that the
City of Jacks onville finished the year within b u dg et despite income
shortfa l ls experienced during the year. He related that the largest
source of City income is the Pulaski County Sa l es Tax, which was 2.5%
b elow last year 's income . He exp lained that spending adjustmen ts were
made a nd expenditures for t he year were within budget .
He stated that income projections for 2003 remain lower because of slow
economic growth and cou rt requirements regarding the escrow of Use Tax
funds estima ted at $450 ,000 annually . He stated that even with these
chan ges, a strict b u dgeting process allowed for a balanced budget without
cutting personnel or services to the citizens. He commended the Fi n ance
Department and Department heads for their cooperative efforts during a
difficult budget ing process . He then added t h at to further comp li cate
financial issues; the State has been discuss i ng t h e probability of
e l iminating or drastically cutting State Turnback funds.
He stated that on the national l evel, the requ i rement for Homeland
Security will impose greater expenditures o n municipal governments and
h as not ye t provide d a n y funds to municipa lities for those require ments .
He related that with these challenges and the knowledge that sales tax es
are a major part of general fu n d income , there has to be growth i n the
economy or an additional source of revenue established in the future,
saying t hat without i t, the level of servi ces could suffer .
He related positive financia l aspects for the City were merchants retail
sales which had out-performed those Countywide. He added t h at a n other
pos i tive not e f or the City is a continued strength in the construct i on
industry, pointing out t h at the City issued $27 ,805 .090 in building
permits during 2002 , an increase of $9 .2 million over 200 1 . He related
that the 2002 building permits included 82 singl e -family units, 11 multi -
family , 17 new commerc i al , and 7 existing commerc i al . He related that
these numbers are good indicators that Jacksonville is a great place to
l ive a n d ope rate a business .
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16, 2003
7 :00 P .M. -7 :40 P .M.
He stated that while it is often repeated that good things come to those
who wait , the City has waited a long time for the rail r oad overpass on
Main Street and the construction of the I-440 loop connecting 67/167 to
I-40. He added that he has every confidence that these two projects will
be completed soon , pointing out that it has taken 16 years to come to
fruition.
He pointed out that many other good things were accomplished in
Jacksonville last year a nd that most a r e listed in the report . He
encouraged the Counc i l to review the report in its ent i rety.
He related that there i s a large number of organizations other t han City
Departments that contribute to t he successes of Jacksonville , saying that
while he would n ot attempt to mention them all , he would like to
acknowledge those who participated in the report: t h e Jacksonvil l e
Chamber of Commerce , Rebsamen Medical Center , Jacksonville Ho u sing
Authority, Jacksonvil l e Senior Center , and the Nixon Library. He
expressed h i s and the City 's thanks t o these and others who have given of
thei r time and mo n ey to make Jacksonvi l l e a better place to live . He
stated that Great P eop l e make a Great Community .
He related that the New Year will present many new challen ges , but that
with a hard-working staff, employees, and elected off icials , the City
will turn tho se challenges into opportunities to create another great
year in t h e City of Jacksonville .
It was noted that the report is availab l e o n the Ci ty web site.
b . Valentine-Wooten Road Sewer Improvement Legal Services Contract .
City Attorney Bamburg explained that essent ially the residents of the
Valentine-Wooten Road area have worked to develop the i r own sewe1:
improvement dis trict, adding that through the years Mr . Rice has
assisted, but was not able to be compensated because funds were not
available . He related that when the sewer district had been organi zed
and submitted with a request for funds, the State requested that there bE~
an e nti ty to back or obligate t hems elves for the payment of $50,000 .00 ..
He related that compensation would come fro m those proceeds , adding tha1:
b ecause the City Counci l is the body to approve the l oan commitment they
would also be the authority to approve the contract for legal services.
He stated that no City funds would be spent to repay the loan and tha1:
all monies to repay the loan would be collected from the r esidents of the
area as they pay for the project through their sewer use fees with an
additional amount to reimburse t he loan.
Alderman Ray re l ated that t he organization of the project had been in tht~
works for many years and that the pro ject would benefit 100 area
families. He s t ated that the concept was much t h e same as what had bee:1.
proposed by the Water Department and that the Water Depar tment would hel·;)
by co l lecting the money when sewer fees are paid.
5
-
0001/t?
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16, 2003
7 :00 P.M. -7:40 P.M .
Mayor Swaim related that public hearings were held in accordance and that
the Soil and Water Department has agreed to l oan the money. He stated
that the request is for permiss i on to sign the contract and disburse the
funds .
Alderman Fletcher moved , seconded by Alderman Smith to approve the
contract agreement for legal services regarding the Valentina-Wooten Road
sewer project. MOTION CARRIED .
FIRE DEPARTMENT :
POLICE DEPARTMENT : PRESENTATION Crime Statistics 1999-2002
Ch i ef Ruthven referred to the statistical analysis regarding the City of
Jacksonville from 1999-2002 as provided, saying that he would like to
focus on the positive aspects of the report . He pointed out that over
the last two years violent c r ime is down 21 % and that there are no
reported homicides for the year of 2002 for a 100% decrease from the
previous year . He related that aggravated assault is down 9%, and t hat
the violent crime assault rate is up 7% for an 84% assault rate in
violent crimes. He stated that the value of s to len property reported is
down 7% and the recovery rate o f stolen property is up 1% to a 54%
recovery rate. He then reported that the felony assault rate is u p 6% to
92% and that all felony crimes rate i s up 20%. He reviewed the Crime
Index Statistics saying that i t is obvious in the charts that property
crimes is up 14%, and that burglary is up 26%. He related that the
Police Department is addressing those concerns , adding that they have
met internal ly four times over the last six months to look at operations
and new ideal s for address ing the problems. He stat ed that he had
queried every Chief of Police in the State of Arkansas regarding burglary
problems, as wel l as the Nationa l Association of Police f or solutions
regarding this type o f cr ime . He added that he had discussed the
situation with Centr al Arkansas Law Enforcement and that the Police
Department has placed selected anti-crime shifts at specific times in
specific areas to address such problems as gas ride -offs at gas stations
that are open al l night and or other types of crime occurring. He stated
that they are utilizing the resource availab l e from the Cops Advisory
Council, addi ng the importance of citizenry input. He stated that one
thing he has a ls o been addressing is the negative issue regarding
resource reallocation , taking resource available , and rea l locating
manpower to address these problems. He stated that he would return to
the Council in the near future with a Ordinance request for a daytime
curfew, explaining that in network ing with other Chiefs across the State
he has learned that many cities address some problems wi th a daytime
curfew . He stated that l as tly he would continue to l ook for grants for
the Department. He related that he had requeste d a six-person increase
in the Department , but was unable to receive that increase . He stated
the need to stretch his resources to address problems of concern.
Alderman Smith stated support for a daytime curfew to address prob lems
regarding youth being out of school during schoo l hours .
6
00'01-18
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16, 2003
7 :00 P.M. -7:40 P.M.
Alderman Fletcher stated that he appreciates the Department 's proactive
rather than reactive stance to address i n g issues of concern. He question
if there had been a drastic incre ase in juvenile crime .
Chie f Ruthven related that juvenile c rime has been on the ri se, adding
tha t he would not character ize it as a drastic jump. He addr essed
Pulaski County schoo l po lic ies, pointing but that t here has been an
aggressive stance in t he school system. He stated t h at the schools are
taking aggressive administrative action with students who have
experienced problems a t school including suspension and expu l sion in many
ca ses . He went on to re l ate problems this can cause when t he students
are home , adding tha t o f ten the parents are working and t he student s end
up on the street.
Discu ssion ensued regarding taking the kids d rive rs licen se that are
expelled fr om school .
Mayo r Swa im stated that State licensing would h ave authority regardi ng
suspension of a driver 's license . He stated that the daytime curfew
wou l d obviously be a step toward addressing the problem of students being
in other places besides school during school hours . He reminded the
Co un c il t hat Jacksonvi lle was the first city to h ave a nigh ttime curfew·
fo r mino r s.
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL: DISCUSSION Po rtable Carports
Alderman Stroud presented photographs of portable carports , explaininq
that many residents who purchase the carports are unaware of Code
restrictions regarding setbacks or disapproval of neighbors. He stated
that it can be a costly mistake in many cases . He pointed out that is
not against the law to se l l the portable carport a n d t h at they have
become ve r y popular since the ice storm . He stated that there are other
por tab l e carports t h at are out of compliance in the City. He stated that
he i s not advocating a total ban , consumers need to be made a wa r e of
factors concern ing the placement of portable carports i ncluding the
public hearing process regarding a variance and the n eed to pur c h ase a
building permit .
Alderman Howard agreed expressing similar sentiments and incidents
i nvo l ving portab l e carports and complaints o f such .
Alderman Stroud stated t hat primarily the violation occurs because of
established residential setbacks . He clarified that the structure is no t
a violation but violates the setbacks.
Mayor Swaim related that no structure can be over the zoning setback ,
adding that most homeowners are no t aware of setback and square footage
require ments regarding an accessory building or add-on .
7
APPOINTMENT(S): WASTEWATER COMMISSION
0 001/!9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 16, 2003
7 :00 P .M. - 7 :40 P.M .
Alderman Smith moved, seconded by Alderman Stroud to approve the
appointment of Fred Belote to the Wastewater Commission to fill the
unexpired term of Mr . J .C. George to expire 4/20/2005. MOTION CARRIED.
ANNOUNCEMENT(S):
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:40
p.m .
MAYOR TOMMY SWAIM
8
0 00:1.~}0
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
February 6, 2003 7:00 P.M .
1. OPENING PRAYER:
2 . ROLL CALL :
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(An imal Control)
(Engineering Department)
6. WATER DEPARTMENT:
Regular City Council Meeting
January 16, 2003
Regular City Council Meeting
January 2, 2003
Regular Monthly Report/January
Public Works Director Jim Oakley
Regular Monthly Report/January
City Engineer Jay Whisker
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12. PARKS & REG DEPT:
13. PLANNING COMMISSION:
14. GENERAL: a.
REQUEST TO ACCEPT BID:
Plumbing at Dupree Park Concession
(Mayor Swaim)
DISCUSSION: Motel and Hotel Tax
(Alderman Smith)
b . Approval of Consultant for Redevelopment Plan
(Mayor Swaim)
15. APPOINTMENTS: PLANNING COMMISSION APPOINTMENT
Mark Stroud for a term to expire 1/1/2007
16. ANNOUNCEMENTS :
ADJOURNMENT:
BOARD OF ADJUSTMENT APPOINTMENT
Kevin McCleary for a term to expire 2/5/2005
Health Fair & Blood Drive 8:00a.m . to 12:00 p .m.
February 15 , 2003 at the Community Center
City Hall will be closed February 17, 2003
in observance of Presidents Day
0001..3 1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7 :00 P .M. -7 :35 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci t y Council of the City of Jacksonville , Arkansas met in Regular
Session on February 6, 2003 at the regular meeting place of the Counci l .
Alderman Howard delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiance" to the f l ag.
ROLL CALL : Aldermen : Elliott, Smith, Sansing , Ray, Wilson , Fletcher,
Stroud , Tw i tty , and Howard answered roll call . Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1).
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Cl erk Teresa Carter , Director of Administration Murice Green , Pub l ic
Works Director Jimmy Oakley , CDBG Director Theresa Wa t son, Police Chief
Ruthven , F ire Chief Vanderhoof , Parks and Recreation Director George
Biggs, Wastewater Comm i ssion Chairman Joan Zumwalt , Planning Comm ission
Cha i rman Art Brannen , Planning Commissioner Chad Young , Chamber of
Commerce Director Bonita Rownd , Mrs. Judy Swaim , Mrs . He l en Stroud, Mrs .
Edith Smith, Mr . Ben Rice, Mr. Jack Danie l son , Justice of the Peace
Denn is Sobba, Mr. Larry Smith, i nterested citizens and members of the
press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council Me e ting of
January 16 , 2003 for approval and/o r correction at the next Regularly
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 2 January 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved , seconded by Alderman Ray to approve the Regular
Monthly Report for January 2003. Said report reflects :
ADOPTION/FINES: $506.00
CONTRIBUTIONS : $ 0 .00
TOTAL: $506 .00
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Ray to approve the Regular
Monthly Report for January 2003. Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
24
14
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
55
30
77
64
0001.32
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Lett ers
Trash Removal
0
0
24
0
Cost for January $ . 00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6 , 2003
7 :00 P.M. -7 :35 P .M.
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structura l Maint. Letters
Structural Repairs Made
Demolitions
11
0
0
0
0
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 :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION : Request to Accept Bid Plumbing/Dupree Park Concession
Par ks and Recreation Director George Biggs re l ated that he was sat i sfied
with the low bid , pointing out that Southern Plumbing has performed \vOrk
for the City regarding the Animal Shelter . It was noted that the bi d
does meet with specifications.
Alderman Stroud moved , seconded by Alderman Wilson to accept the low bid
from Southern Plumbing in the amount of $11 ,300 .00 from budgeted fund~:
f rom the Parks Department . MOTION CARRIED.
PLANNING COMMISSION:
GENERAL: a. Discussion of Hotel/Motel Tax
Alderman Smith stated that he has offered for discussio n a propo sed
Hotel/Motel Tax . He s tated that this would not be a tax regarding food,
but only for lodging. He stated that according to State law the City has
the authority to impo se up to 3% regarding this type of tax. He stated
that a 2% tax is being proposed, adding that it would leave 1 % available
for future considerations. He stated that this would not affect the 3~5
allowable to be imposed by S tate law regarding a food tax.
He pointed out the inclusion of information from Mr . Ben Rice, signature:3
from six area motels that have agreed to the tax and a statement from thE~
Department of Finance and Administration regarding estimated funds
collection for 20 0 0 and 2001 . He related that in 2001 it was estimated
that a 2% Motel/Hotel tax would h ave generated $48,575.00 in revenues and
$61,713.00 in 2000 . He went on to explain that there is not many
ent i ties in the City to draw tourism, pointing out that the tax could be
used for several purposes. He related that the ordinance proposes the
creation of a seven ( 7) me mber Advertising and Promotional Commissio:1
2
0001 .33
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7 :00 P .M. -7 :35 P .M.
that would handle funds disbursement. He pointed out that the City
contracts with the Senior Center, Boys and Girls Club , and the Chamber of
Commerce; saying that t hese are some of the entities that could benefit
from the tax. He stated that he would hope the largest percent would go
toward the Mu seum, adding that he feels it would be a plus for the City.
He addressed provis i on in t h e Ordin ance, pointing out tha t hotels,
mote l s, beds & breakfast would be taxed or any accommodation less than 30
days . He said that the Ordinance would create the Jacksonvil l e
Advertising and Promotions Commission to administer funds. He related
that provision 3 .06.010 addresses the responsible tax entities, adding
that 3.06.020 provides that funds can be used for advertisement ,
improvement, development, maintenance , construction , operation,
equipment, promotional, and renovation . He then pointed out that a
portion of the funds could be used to retire bond issues and the
establishment and operation of tourist facilities. He asked Council to
review the Ordinance, adding that changes could be considered. He went
on to say that Section Three addresses the tax payment, Sect i on Four
addresses penalties , and Section Five addresses set-up of the Commission .
He re l a t ed that the Commission is proposed to have seven (7) members
chosen by the City Council, adding that four members would be residents
who are owners or managers of businesses/entities i n the tourism industry
who shall serve staggered four (4) year terms, one (1) resident from the
public at large to serve a four (4) year term, and two (2) members from
t he City Counci l to serve two (2) year terms . He discussed options for
the City Council appointments, saying that he has known of occasions
where the Mayor i s chosen as one of the City Council members or as the
member at large . He stated the need to choose responsible members
regarding the authority of disbursement of funds in percentages. He
stated that he believes the museum is a worthwhile project and wo u ld not
have a problem with all funds going to that endeavo r, adding that there
may be other sentiments regarding other projects . He stated these are
options for discussion.
Mr. Ben Rice expressed appreciation to Alderman Smith , and began relating
twenty-ye a r efforts to establish the museum. He then noted that efforts
to establish the separate school district as being on going for
approximately twenty-four years . He stated that in the past few months
the museum is much closer to becoming a reality ; pointing out that the
purchase of the Colonial Plaza with plans to renovate and expand to a
total of 15 , 000 square feet. He related that the name chosen is the
Jacksonville Museum of Military Hi story, to be devoted to all mi litary
aspects re l ating to Jacksonville such as the Ordinance Plant , Little Rock
Air Force Base , the Civil War , and first sett l er Major Jacob Gray who has
a Revolutionary War background. He projected that the museum would
attract tourist , poin ting out its interest to a l ot of peop l e such as
classes from the schools. He pointed out that the success of the museum
would be related to its promotion, adding that the Advertising and
Promotional Commission cou l d address that issue . He stated that this
would be a positive step for the City , encouraging t he Council to return
with favorable consideration.
3
000234
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7:00 P.M. -7:35 P .M.
Discussion ensued regarding clarificat ion that the City Council is the
entity to appoint all members of the Commission. It was n oted that ACA §
26-75 -605 and other applicable State Statute(s) provides authority to the
City Council to appoint all members regarding this type of Commission .
Alderman Fletcher expressed concerns for timing of the project, pointing
out that it comes at a t ime when Jacksonville is at a "cross roads"
regarding many other projects proposed for the Community. He suggested,
re garding the recent Comm unity survey, that a meeting be held to discuss
issues o f priority. He mentioned efforts regarding a separate school
district and Community college project , which he stated, is one he f eels
close to. He went on to mention the rep lacement of the pool, questioning
if the pool project could be tied to the tax. He stated that he supports
the museum project but reiterated the need to discuss project priorities,
and projected funding . He related the desire to sponsor City events such
as a "40's dance" or car shows, which could make good use of City
resource areas. He concluded t h a t due to limited revenue sources
available and slow economics , it would be wise to rev iew all Capita l
Improvement Projects regarding future direction of City growth .
Expressing appreciation for Alderman Fletcher's comments , Alderman Stroud
agreed t hat the City Council should look at priorities . He then noted
that the museum would not incur any costs for residents of Jacksonvi lle ,
and that he does not view th i s project as part of the list of priorities.
He stated t he need to replenish lost revenue sources, pointing out the
City's excellent financial shape due to the Mayor and City Council '~
progress outlook .
Alderman Fletcher clarified that regard ing perception and the ant i-tax
sentiment; citizens might not understand that the tax would not encumber·
them. He stated that the mis conception could jeopardize other long-ternt
projects the City wants to accomplish. He pointed out that many c iti zen~;
do not know from the Mayor 's Sta te of the City speech that the City i~;
debt free; adding that public perception is very important and the City
needs to be r esponsive to that.
Mr . Rice stated that it is his understanding that funding for the
educational center and the swimming pool would come from a different:
source , adding that he does not believe this project would interfere with
those projects and t hat in fact this is the best funding source for this
project.
Alderman Twitty pointed out that the t ax is properly advertised and
explained in t he paper , citiz ens would understand. She noted that most
likely when we travel and stay in other cities they charge a hotel/motel
tax. She stated her support of the proposed Hotel/Motel tax .
Mayor Swaim asked Council member with concerns to work with City Attorney
Bamburg to bring back a completed Ordinance for the next City Counci l
meeting.
4
-
0001J5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7:00 P .M. -7:35 P.M .
Alderman Wilson stated that he believes all of Council shares an interest
and concern in seeing the project through , but added that the last thing
any one would want is to jeopardize any f u ture project by not
pr i oritizing the tax situation . He agreed that it would be a good idea
to revi ew Capital Improvement Projects in planning regarding funding and
any consideration the County has in terms of mass transit. He noted that
if all the projects come close together it could create probl ems . He
stated that regarding the creation of a school district and taxes in five
or ten years , it is initially the idea that those taxes wou l d remain
approximately the same. He pointed out that there are different
situati ons that could affect taxation on the l ocal level being consi dered
and a review of the "big picture" would ensure that problems are not
created for necessary futu re projects.
It was the consensus of the City Council to provide
Attorney Bamburg for Ordinance presentation at the
scheduled City Council meeting.
b . Approval of Consultant for Redevelopment Plan
input to City
next regular l y
Director of Administration Murice Green sta ted that the City has received
an EPA grant in the amount of $50 ,000.00 to be used in a redevelopment
plan regarding the Vert ac site. He stated that a request for proposal
was sent to eight firms and advertised in the paper, adding that one
proposal was returned and came in within the amount that was proposed .
He stated that the firm who submitted the proposal has worked with t he
City several times in the past regarding the pool project , and with the
Wastewater Department. He related that the owner of the firm was on site
during the incineration and is fami l iar with the Vertac site, addi ng that
he believes they are qualified. He related that he met with members of
the f i rm l ast wee k and that the plan they submi tted i s acceptabl e for
what the City needs to do. He noted that the Engineer was Mizan Rahman
with ET C Engineering .
Alderman Smith moved, seconded by Alderman Howard to approve the contract
with ETC Engineering regarding a study of the Vertac Plant site for
redevelopment.
Mayor Swaim related that the contract amount is $48,000.00 , adding that
the residual funds from the $50,000 .00 g rant wou ld be used to advertise
public hearings regarding the project.
At this time, MOTION CARRIED.
APPOINTMENT(S): PLANNING COMMISSION APPOINTMENT
Mayor Swaim related that Mark St r o ud has been serving on the Board of
Ad j ustment, no t ing that i t is a good training ground for the Planning
Commission .
Alderman Wilson moved , seconded by Alderman Stroud to approve the
appointment of Mark Stroud to the Planning Commission for a term to
expire 01/01/2007. MOTION CARRIED.
5
0001,36
BOARD OF ADJUSTMENT APPOINTMENT
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7 :00 P .M. -7 :35 P .M.
Mayor Swaim noted that the appointee would fill the un-expired term of
Mark Stroud and that he is currently serving on the Boys a n d Girls Cl ub
Board.
Alderman Ray moved, sec onded by Alderman Smith to approve the appointmen t
of Mr . Kevin McCleary to the Board of Adjustment for a term to expire
02/05/2005 . MOTION CARRIED .
ANNOUNCEMENT (S) : Mayor Swaim related that the Health Fair and Blood
Drive would be held from 8:00 a.m. to 12:00 p .m . February 15, at the
Community Center . He encouraged attendance.
He t h en announced that City Ha l l wil l be closed February 17, 2003 in
obse rvance of Presidents Day .
Public Transit Assista nce Bill
Justice of the Peace Dennis Sobba addr essed the Cit y Counc i l requesting
feedb ack regarding a proposed Bill for legislation.
Mayor Swa im explained that the legislation being drafted proposes a $1.00
per night room tax fee to be used for public transportation .
Alderman Wilson stated that he is not convinced that it is appropriate to
tax a group that is not using t h e publ ic transportation, in order to fund
the public transportation. He added that h e is also not comfortable
taxing visitors of the Jacksonville Community to support the bus service.
Justice of the Peace Mr. Sobba related that he spoke with Mr . Ke ith Jones
of CATA , who informed him that the t ax would provi de extra buses to
Jacksonville, as many as we felt we needed. He stated that after talkin9
wi t h Mr . Jones he went to the Air Base and met with Co l onel scott to
determine any needs regarding public transportation. He stated that he
was willing to support the Bill if it would benefit t h e Air Base, but
expressed concerns that Sherwood who does not have a Hotel/Mote l tax
would benefit quite a b i t also. He then stated that he honestly believes
t ha t most of the funds would go to run the trolleys in Little Rock. He
pointed out that there has already been talk of bringing back the river
market trolleys . He stated that after talking with Chamber of Commerce
Director Bonita Rownd he wanted to bring it before the City Council foJ:
the ir input. He related that Sandra Prater had already p l edged support
but has since withdrawn her name unt i l City Council prov i d es input. He
added that he has not contacted Wil l Bond , but was waiting for City
Council input .
All members of the City Council expressed oppos ition to the Bill.
Alderman E lliott noted tha t the Bill had been discussed at the Municipa.L
League meeting and did n ot receive a favorable response there either.
6
000~37
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEET I NG
FEBRUARY 6 , 2003
7 :00 P .M. - 7 :35 P.M.
Alderman Howard announced that February 27 t h the Sen ior Center will host
its annual r oast of Mr. Bobby Joe Hickingbotham. He encouraged
attendance .
Alderma n Fletcher s tated that recent rezoning issues have caused concerns
regarding property owners be ing aware of area rezonings. He suggested
that the Planning Commission be asked to i nvestigate n ew methods to
notify the public other than simply posting a small sign on the property
and adverti s ing i t in the newspaper . He explained that a rea residents
who do not actually drive by the sign would n ot be aware that a rezoning
was occurring in their neighborhood. He stated that he felt it would be
a great benefit t o the public if further methods were used to notify area
resident, even i f the rezoning fee has to be raised to cover that cost .
In response to a ques t ion posed by Al de rman St roud, Alderman Fletcher
stated tha t residents who l ive in close proximity of a proposed rezoning
should be notified either through the mail or some other method . He
stated that any additiona l cos ts to do so could be passed onto the fee
tha t is a lready being charged. He rel a ted that there we re comp la ints
fr om area residents regarding property that was r ezoned close to Foxwood ,
because they had not s een the sign and did not travel that direc tio n. He
added that the City has an ob l igat i on to inform the publ i c, mentionin g
t he s p eed at which the world was informed about t he space shuttle
disaste r. He re l ated that it is poor work if the City cannot notify
residents living two blocks f rom a proposed rezoning .
Alde rman Ray re l ated that the Police Depart ment has asked residents to
help po l ice the neighborhoods through observation, but that people do not
pay attention to what is around t h em .
Mayor Swaim offered that previous concerns exp ressed i n Co un c i l r egarding
rezonings the City has purchased lar ger signs and added color . He added
that the City f o llows State guidelines and have gone above those
guidelines regarding the enl argement and colorizati on of sign s .
Alderman F l etcher related t hat if the rezo n ing is at the end of a
culdesac , or dead e n d road that no one d rives down, the property owner
that backs u p to the proposed r ezon ing wou l d not be a ware . He stated
that residents have a right to know what is happening i n their
neighborhood.
Planning Comm i ssioner Young offered from the audience , that the City of
Little Rock requires the applican t requesting the rezoning to n ot i fy area
resident within a g i ven radius through certified mail , adding that it is
the burden of t h e appli can t and has worked pretty we ll .
A comm ent was o ffered regarding citizens who do no t promptly read their
mail.
7
000:1J 8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 6, 2003
7 :00 P.M . -7:35 P .M.
Mayor Swaim related that solutions could be investigat ed. He noted that
Chad Young i s a Planning Commissioner .
Chief Ruthven stated that he had been asked by a representative of the
Chamber of Commerce to remind the Counc i l members that at 7:30 a.m .
tomorrow the Chamber is hosting a City Officia l s Breakfast at the Chamber
building.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7 :35
p .m .
Respectfully,
~J,,)~i
MAYOR TOMMY SWAIM
8
City Council Of Jacksonville, Arkansas
000:l.J9
AGENDA
Regular City Council Meeting
February 11, 2003 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 & REC DEPT:
13. PLANNING COMMISSION:
14 . GENERAL:
15. APPOINTMENTS:
16 . ANNOUNCEMENTS :
ADJOURNMENT:
DISCUSSION: PRIORITES DISCUSSION
FOR FUNDING AND SUPPORT OF THE
CITY COUNCIL
0001.GO
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P .M. -8 .09 P .M .
SPECIAL CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City o f Jacksonville, Arkansas met in Spe cia l
Session o n February 11, 2003 at the regular meeting place of the Counc i l.
Alderman Smith del ive red the invocation and Ma yo r Sw a im led a s tanding
audience i n the "Pledge of Allegiance" to the fl ag .
ROLL CALL: Aldermen: Ell iott, Smith , Lewis , Sansing, Wilson, Fletcher,
S troud , and Tw itty answered roll call. Ma yor Swaim a lso a nswered roll call
declaring a quorum. Aldermen Ray a nd Howard were absent. PRESENT eight (8),
ABSENT (2).
Others present for the meeti ng were: City Attorney Robert Bamburg, De puty
Clerk Teres a Carter, Finan ce Direct or Paul Mushrush, Parks and Recreation
Mark eting and Pub l i c Rel at ions Manger Annabelle Davis , Planning
Commi ss ion Chai rma n Art Brannen, Chamber of Commerce Director Bonita
Ro wnd , Mr. Mike Wi lson , Mrs . Lindy Lewis, Mr. Ben Rice, interested
ci tizens and members of the pres s .
GENERAL: PRIORITIES DISCUSSION
Mayor Swa i m stated that the purpose of the specia l c alled City Co unci l
meeting is t o set priorities regarding specific pro jects brought to City
Co un c il. He re lated p revi ous di scu ss ion regarding the possibility of a
hotel /motel tax to promote the Ci t y a nd a historical museum . He pointed
out that t h e l i st provided is more of a scheduling i ssue regarding the
best time e mp h as i s shoul d be placed on each pro j e ct , explaining t hat the
impo rtance o f t imi ng is the c riti cal i ssu e as opposed to t he importance
o f each project. He noted t h at each p r oject stands on its own me rit.
Alderman Wi lson r e l ated that his and Alderman Fletcher 's con cern was the
timing of each project , regarding wh en t h e que stion of a p r opos ed t ax
shou ld be put before the public . He re l ated the n eed to loo k at the
advert i sin g and p r omot i on proposal and the most effect ive timing fo r each
project . He stated t h at he ag r ees with Alderman Fletcher 's statement
t ha t the cur rent implementation of a hotel/motel tax could affect passage
of a sales tax later . He related the need to review which projects would
need to be funded either temporari l y or permanently t hrough an add i tiona~
sa l es tax and the best time to place those o n the ballot regarding the
implementation of t h e hotel/mote l tax.
Mayo r Swaim r eviewed the list r egarding the educational faci l i ty , pool,
mus eum , separate sch oo l district , City o p e ra tions a nd possible other
projects me n tioned at City Council meetings.
Discussion ensued regarding results from the survey , and Mayor Swaim
related t h at the projects listed we r e some of the types of responses mos ~
commonly f ound i n the survey .
In response to a question from Alderman Sansing , Mayor Swa im stated t ha·c
the survey data is difficult to compile given t hat the answers wer•:!
comme nt rather t h an catego ry yes o r no ques tions .
1
0001;51
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P .M. -8.09 P .M.
Discussion ensued regarding individual project costs , Mayor Swaim related
that the commitment for the J oint Education Facility requires that the
Little Rock Air Force Base and the City each contribute five million
dollars.
In response to a question posed by Alderman Wilson, Mayor Swaim re l ated
that the City would not be responsible for funding efforts regarding a
separate school district. He added that the school district was included
in the list because it cou ld possibly be voted on by the public later
this year. He clarified , holding that election close to a nother election
asking for new funds could possibly be detrimental to the school system .
Alderman Wi lson stated that there has been some thought of having the
election for the separate school district on September 16th when the
regular sch ool election is held, adding that it would not a ff ect taxes .
He then added that there has al so been some discussion to hold the
election for a temporary sales tax regarding the education center at that
same time.
Mayor Swaim acknowledged a letter from Mr . Mike Wilson, Chairman of Joint
Education Facility Committee saying that sometime in the near future the
Committee would petition the City Council for a special election.
Mr. Mike Wilson related that the letter was written to raise some thought
r egarding several issues that interest t he entire community and in an
effort to prevent any misunderstan ding surrounding those is sues . He
stated that orig i nally he had thought since a special election regarding
a temporary tax f or the e ducation facility would cost money and there was
a school election in September, that it would make more sense to try the
proposed temporary sales tax at the same time. He added that it has been
suggested t hat with t he separ ate school district proposition working at
the same time, it might not be the best time to try for a t emporary tax .
He stated that it is not the desire to jeopardize either one.
Discussion ensued regarding time of t he proposed temporary sales tax and
the costs associated with a special election , Mayor Swaim related that
cos t s cou l d range between six and ten thousand do l lars.
Mr. Mike Wilson stated that he had writte n the l etter to bring s ome
thought t o which project should come before the next and how best to give
each the best advantage. He added for the benefit of those not familiar
with on-going efforts regarding the education faci lity, that the
Committee has r epeatedly tried to secure grant funds from various
foundations without any luck. He then stated that efforts by the Air
Base are proceeding favorably in accordance with no rmal request for
military construction and budget items. He pointed out that efforts are
moving together, but it would be best to discern what is the most
expedient way for each project to succeed .
2
0001.'52
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETI NG
FEBRUARY 11 , 2003
7 :00 P .M . -8 .09 P .M.
Chamber of Commerce Director Bonita Rownd questioned if Congress would be
more likely to fund its portion sooner if Jacksonville has secured its
match .
Mr. Mike Wilson stated that he can appreciate the immense difference it
might mean to the local citizens in an election if they knew that the 5
mi l lion dollar match from Congress had been granted. He added that in
his opinion it would be easier to pass the tax if the congressional money
had been secured . He then answered that he believes Congress would act
quickly if all proponents were i n place, adding that they have
consistently worked with the Congressional delegation and they are
waiting for word to push forward . He stated that there would need to be
some recommendation consistent with the other projects under
consideration.
Discussion ensued regarding the proposed temporary tax and Mr. Mike
Wilson related that a one-cent tax for two years could produce
approximately 5 million dollars.
Mayor Swaim mentioned other items that were previously funded with a
temporary tax, adding that it is a vote of the public and there is no
guarantee that any of these projects would pass . He stated that the
question tonight is when should the public have the opportunity to make
their decision.
Alderman Wilson stated that he believes the separate school district is
the first priority even though the City does not have any direct
involvement, adding that attempts should be predicated to accomplish that.
first by not creating any problems for the separate school district .
Alderman Smith agreed that a special election for the education facility
should be held so as not to confuse the regular election in September
regarding the new school district. He added that he also serves on the
Joint Education Facility Committee and believes that with good
advertising and management it would pass.
Mr. Mike Wilson pointed out that it may be better not to discuss a
temporary tax for the education facility in advance of the separate
school election. He stated that he could see how that might negatively
influence voters regarding a separate school district. He stated that he
hates to put off the education facility , but at the same time no one
wants to jeopardize the possibility of a separate school district.
Alderman Fletcher noted the importance of a previous study conducted by
Jonesboro regarding communities that do not have a college, concludinq
that 40 to 50 % of high school students that go to college drop out bu~
communities with colleges have a higher rate that remain in college . He
stated that securing matching funds for the Joint Education Facility
should be given highest priority.
3
0001:53
CITY OF JACKSONV I LLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11 , 2003
7 :00 P .M. -8 .09 P .M.
In response to a question posed by Alderman Sansing, Mr. Mike Wilson
stated that efforts regarding the Joint Education Facility have been on-
going for approximately one year.
Discussion ensued and it was suggested to postpone the Joint Education
Facility a while longer in order to avoid confusion regarding efforts for
the separate school district . The public 's perception regarding taxes
was then discussed , mentioning possible confusion over the proposed
hotel/motel tax.
Alderman Stroud agreed with the need to set priorities, but disagreed
that the hotel/motel tax would confuse Jacksonville residents that it
wou l d be a tax directed at them. He added that he could understand
citizens being confused about the education facility and the school
district. He surmised that most people have traveled enough to know that
they pay a hotel/motel anywhere they go . He stated that he would like to
discuss the museum and then work on the priori ties. He related that
regarding the pool, there is $500,000 that will either have to be used or
returned .
Mayor Swaim noted that $213,000 would have to be returned.
Alderman Smith related that the two-cent hotel/motel tax was proposed at
the last Council meeting and is coming up for a vote next week. He
stated that the museum would be an attraction to bring tourists to
Jacksonville , adding that he does not believe citizens will have
difficulty understanding the purpose. He related that a seven-member
Commission would decide fund ratio, adding that he feels it would be
important if it passes to have three members from the City Counci l on the
A & P Commission, the Mayor and two Council members.
Alderman Sansing pointed out that the proposal would fund a Tour i sm
Commission not a museum commission , adding that Jacksonville has some of
the best parks that host many tournaments that bring visitors to town.
He stated that some of the money could be used to promote local events.
It was clarified that the information provided would reflect a 2% tax at
an average of $48,575 for the year 2001 and 2000 wou l d have been $61 ,713
and that to charge a 3% tax on hotel/motel would require a vote by the
general public .
Parks and Recreation Marketing/Public Relations Manager Annabelle Davis
stated that the hotel/motel tax funds would be administered by an
Advertising & Promotion Commission, explaining that various entities
could apply for funds regarding a particular project . She acknowledged
Mr . Rice's work over the years toward securing a military history museum
for the City, mentioning the air show, festivals , and that many of the
activities found i n the survey could benefit from the A&P Commission .
She related that the Commission could address avenues for informing the
public of events scheduled for Jacksonville, pointing out that brochures
and rack cards could be made available in local motels and restaurants
4
000:1;1)4
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P.M. -8.09 P .M.
regarding the historical museum , Reid 's Bridge, ball tournaments, the
festival, or packets could be sent regarding inquires handled through the
Chamber of Commerce for people interested in relocating to Jacksonvi lle.
She related that Mr . Barry Travis , a speaker at the Chamber of Commerce
Tourism Committee, had pointed out that Jacksonville should to take
advantage of larger events such as the Presidential Museum and the Global
Village through Heifer Project World Headquarters. She stated the value
of having information available to ent i ce visitors to stay in
Jacksonville while they are visiting other events, and to entice new
business, possibly a t our business operation to leave Jacksonville at
certain times and take groups to see the events. She concluded saying
that there are many outlets to promote faci lities and attractions in
Jacksonville .
Alderman Lewis agreed that citizens wo uld understand the pur pose of the
hotel/motel tax and bel ieves it would have benefited the City to have
established a hotel/motel tax a few years back.
Mr . Jay Hudson questioned if the Joint Education Facility had tried to
receive a grant from the Walton Foundation.
Ma yor Swaim related that the Commission had not only applied there but to
the Reynolds Foundation and numerous other organizations. He stated that.
it presents a different set of c ircumstances because it is a joint effort
with a military installation, and would be on military property.
Discussion ensued regarding othe r entities that could
from the A&P Commission and Alderman Smith pointed out
Center, Boys and Girls Club, Parks and Recreation,
Commerce are all considered a part of tourism.
apply for fund::;
that the Senior:
and Chamber of
Alderman Stroud made a motion to support the two-cent hotel/motel tax ancl
form the Advertising and Promotion Commission.
Alderman Smith asked Alderman Stroud to wait until the next City Council
meeting regarding the presentation o f an Ordinance.
Alderman Stroud withdrew his motion .
Chamber of Commerce Director Bonita Rownd suggested that the City Counci l
consider passing the addition of a restaurant tax with the hote l /motel to
accommodate funding needs more adequately regarding efforts to promote
Jacksonvil l e.
Alderman Stroud stated that Mrs. Rownd makes an excellent point bu1:
believes the City Council is cons idering other options to raise funds to
accomplish othe r things. He stated he is not r eady to consider a
restaurant tax at this time .
5
0001;55
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P.M . -8 .09 P.M.
Chamber of Commerce Director Bonita Rownd stated that it was discussed at
the Tourism meeting that it might be good if t h e City proposed two
ordinances, one for the hotel/motel and one for a restaurant tax and let
the citizens d ec i de.
I n response to a question posed by Alderman Wilson, Mr . Rice related that
a one-cent sales tax on prepared food would have generated in 2001
approximately $185,000 and $236,000 in 2000.
Mayor Swaim reminded Council that a restaurant tax would affect local
citizens, and was proposed and defeated in the past.
Discussion further ensued regarding confusion over proposed taxes, the
public 's perception regar ding taxes and the issue of the education
facility if a one-cent food preparation tax is proposed.
I n response to a question posed by Alderman Fletcher, Mayor Swaim related
that the source of revenue being considered for the pool is the use tax,
i f the court rules favorably , depending if it is retroactive. He n oted
tha t user fees would not pay for constructi on , adding that the City coul d
do five -year short -te rm financing and then use the tax to pay the
balance. He stated that the City has roughly a fourth of needed funds
through grants and set aside money.
Discussion ensued t hat there was not a plan B , unl ess the Ci ty Council is
prepared to ask for a sales tax. Mayor Swaim related that the Commission
was approache d regarding their feeling about campaigning for a sales tax,
adding that the Commission did not do that and did not provide strong
support from the public that a one-cent sales tax was wanted . He stated
that we have an indoor pool but do not have an aquatics f acili t y such as
the one being proposed whi ch has been successful in other cities .
Alderman Wilson warned of the possible perception citizens would derive
from the newspaper headline s regarding the passage of a two -cent
hotel/motel tax . He reminded everyone of the confusion surrounding the
annual millage ordinance regarding the Fire and Police Pension Fund. He
stated that it would b e naive to think that people would not r emember
that a new tax was passed even though i t did not directly affect them .
Alde rman Twitty stated that she felt the citizens would be able to
d i scern a hotel/motel tax and unde rstand that it would not affect them .
She added that it is the media 's responsibility to expl ain fully that it
does not affect the citizens . She stated t hat she felt it would be good
to pass the hotel/mote l tax and not r eturn to tax issues until after the
separate school district election, which is top priority .
Mayor Swaim noted the last ite m on the list regarding City operations,
saying that based on revenue projections t he City must have some new
income or the economy would have to improve greatly to sustain present
services.
6
ooo :I 'o6
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P .M. -8 .09 P .M.
Mayor Swaim paraphrased consensus to pass the hotel/motel tax, then the
separate school district, followed by the public 's decision regarding the
Joint Education Facility .
Alderman Twitty reiterated that she feels the public will understand that
the hotel/mote l tax does not affect local citizens and that the tax would
not affect the separate school d istrict, wh i ch she considers to be first
priority.
Alderman Fletcher stated the importance of informing the public regarding
the issues.
Discussion ensued regarding the Martin Street Pool, it was noted that a
possible final waiver was granted last year .
Alderman Sansing stated that it was assumed that it would be closed th i s
year because of construction.
Discussion of priorities ensued and it was questioned if a vote for the
hotel/motel tax places the museum first, then the school district, then
the Joint Education Facility .
Alderman Sansing stated that it has more to do with scheduling ; pointing
out that there is appr oximately sev en months t i ll the separate school
dist ri ct election . He stated that it would allow time fo r people to have
any misinformation cleared up regarding the h ote l /motel tax. He stated
that the separate schoo l district issue wi ll requ ire campaigning, while
current l y the City Council can take care o f business by providing for o
Tourism Commiss i on. He stated that following the school election ct
temporary tax with a sunset clause can be proposed for t he Joint.
Education Facility and a one-cent sales tax for City wide operations.
Alderman Stroud pointed out sho r t falls of approximately $723,000 that the
City must cover , saying that if the City proposed one election issue i t
may take longer than a two -year sunset clause to cover the 2 .9 million
dollars needed for the shortfall and the center.
Mayor Swaim expressed concern that coupling the issues mi ght present a
confused ballot because the ballot would have to say that it was for a
Joint Education Facility and for City operations . He stated that i 1:
might convolut e the ballot.
Alderman Elliott stat ed that he feels each issue should be kept separate
to avoid j eopardizing any one of the projects .
Mr . Mike Wilson stated that he feels the discussion has been forthrigh~
and useful, saying that it may tell the Joint Education Facility
Committee that they may need to wait until after the separate school
district e l ection and maybe somewhat beyond that until everything calms
down . He noted that even when the election takes place it will b1:!
another year before the new school district i s up and running.
7
0001 37
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7:00 P .M. -8.09 P.M .
Mayor Swaim noted that the election is only the second hurdle regarding
the separate schoo l district .
Mr. Mike Wilson stated that no one wants to jeopardize any of the
projects by pushing too fast , adding that it is a scheduling i ssue and
not n ecessar ily what is more important regarding one project to the next.
Mr. Ben Rice showed artifacts collected for the museum , pointing out a
German Officer Dress Dagger, Japanese Flag captured in WWII, hardhat
belonging to the Colonial that commanded the squadron of the missile sil o
that blew up at Damascus and noting that all members of the squadron had
signed the hat . He explained that the Japanese flag captured in WW I I has
goo d l uck wishes inscribed on the flag and they are trying to get it
interpreted. He stated that they have a colle ction of SO's WWII posters.
Mr . Ri ce t hen agreed that the separate school district is the most
important issue for Jacksonville , adding t hat he would rank the education
facility as the second most i mportant. He added that he does feel the
museum is very important in its own right because i t is the onl y issue
t h at is a tourism item that would bring people into Jacksonville . He
stated that if it were u p to him t h e museum would be built and in
operation by May 31 , 2003 , the same day the Air Show takes place . He
stated that if the tax were passed the museum would negotiate with the
Advertising and Promotion Commission for a part of the money to make the
museum more financially feasible , adding that the Museum Commission is
aware of other things in the City that need to be promoted as well.
He then related that all of the motel owners have recommended the
hotel/motel tax, recognizing that they need something to bring people
into town to stay in the motels and that in their letter they recognized
the museum as their best prospect for that . He encour aged the City
Counci l if the ordinance passes to appoint at least two motel people to
the Commiss i on as he had promised .
Alderman Smith noted that the ordinance requires anyone appointed, owner
or manage r , must be a resident of Jacksonville. Discussion fo l lowed as
to whom that might affect in the Jacksonville hotel industry .
Mr . Rice stated that he be l ieves everyone recognizes that visitors to the
City , not citizens, wi ll pay the hote l /motel tax . He added that if the
Ordinance is passed now, by the time talk begins regarding other issues
people will come to rea li ze t h at is the case . He surmised that the
earlier the Ordinance is passed , the less interference i t wil l have
regarding ot h er projects. He promised that if the ordinance is passed
his group would act as quickly as possib l e to get the mu seum open . He
stated that he wou l d appreciate the Council 's favorable action .
Mr. Rice stated that he was at that Chamber of Commerce Tourism Committee
meeting when the restaurant tax issue was discussed and it was made clear
that the museum people are not asking for a restaurant tax, adding that
as littl e as the hotel/motel tax b r ings in , it will suite their needs.
8
0001Ji8
CITY OF JACKSONVILLE
SPECIAL CITY COUNCIL MEETING
FEBRUARY 11, 2003
7 :00 P.M . -8 .09 P.M.
Mayor Swaim pointed out that passage of a new tax of any kind would
g ene rate additional work for some City departments , mentioning the
F inance Department a n d the City Clerk 's Office. He stated that he felt
the discussion has been beneficial , providing some direction.
Parks and Recreat i on Marketing /Pub l ic Relations Manager Annabelle Da vis
stated that she would be remiss i f she did not address the pool, adding
that the City Co uncil has seen preliminary drawings . She stated that it
wou l d be very unique and bring a lot of people to Jacksonvil l e. She
added that it has been termed by some as a "min i Wild River Country"
because of the diversity of three di ffer ent pools and the way it
addresses dif ferent segments of users . She pointed out that the new
facility woul d attract fou r to fi ve t ime s as many people during the
season than the standard concrete pond, because of its uniqueness , and it
wi ll be far more affordable than Wild River Country. She stated that the
pool f acility does merit some attent ion and wou l d promote bringing people
t o Jacksonville.
Alderman F le tcher stated that if the use tax does not succeed for cit ies ,
sooner o r l ater the pool issue wi ll have to be addressed . He added that
he would prefer a back up plan even if it is a sales tax . Discussion
ensued and Mayor Swaim stated that the pool wou ld not generate enough
funds to promote a revenue bond.
Alderman Fletcher stated that even though people are genera ll y against
taxes , if you show them al l the t hings that can be accomplished with the
2.9 million as well as ba lance our books and still provide services it.
offers them understanding . He stated that citizen s of Jacksonv il le have:
a l ot to be grateful for , pointing out that Jacksonvi l le is the o nly c i ty
that provides twice a week garbage pickup , is debt free, has g ood
facilities , and one of the best infrastruc ture systems in t he State. He
added that with the addit i on of a sch ool distr ict and the belt loop
opening, he cou ld not envision people want i ng to live elsewhere. He
stated that it is time for Jacksonville leaders to provide a future
direction . He stated that citizens wan t to be educated, lay out a course
in plain Eng l ish and you can be successful in anything .
Alderman Stroud related t hat the City shortfall has not been discussed,
adding that we are loo ki ng at three different taxes for proposal in t he
next year to two years. He stated that the citizens wanted pay raises
for the Fire and P olice , wh i ch has i mpai red the City to come up wi th thE~
$450 ,000. He added that the $807 ,00 0 ha s not been discussed .
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 8:09
p .m.
9
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
February 20, 2003 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
February 6, 2003
Regular City Council Meeting
January 16, 2003
Regular Monthly Report/January
Chief Vanderhoof
Regular Monthly Report/January
Chief Ruthven
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REG DEPT:
13 . PLANNING COMMISSION: a.
Request to Accept Bid : Reinforced
Concrete pipe & HOPE pipe
(Mayor Swaim)
ORDINANCE 1194 (2-03)
Reclassifying 11 00 North James C-1 to
C-2 (Mayor Swaim)
b. ORDINANCE 1195 (#3 -02)
Amending JMC Final Plats and
Implementing deposit for Incomplete
Improvements (Mayor Swaim)
000:159
c. FINAL PLAT: Juanita Washington Subdivision
(Plat included in packet)
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
a .
(Mayor Swaim)
ORDINANCE 1193 (#1-03)
Establishing Motel and Hotel Tax
(Alderman Smith)
000:1 .70
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2003
7:00 P .M. -7 :50 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on February 20 , 2003 at the regular meeting place of the Council.
Alderman Ray de livered the invocation and the Jacksonville Our Club led a
standing audience in the "Pledge of Allegiance " to the flag.
Mr . Glen Lane related that he serves as the Jacksonville Our Club
Director/Parks and Recreation Assistant Program Manager. He stated that
the program originated in 1991 to address gang problems i nvolving youth,
adding that Jacksonville 's Our Club began in 1999 and has served 100
youth with a current rooster of twenty . He stated that the target age is
six to eighteen and that the youngest Jacksonville member is six and the
oldest member is seventeen. He stated that the group is i nvolved in
academics, social skills, and family dynamics, adding that there are
approximately twenty Our Club sites that have served 2 ,000 children and
t eenagers since 1 991. He stated that he has been an Our Club Director
since August 2000, pointing out that he has members that j oined as early
as 1999 that are still members. He then related that the group has
planned a field trip to the Repertoire Theater to see the play "Piano
Lessons". He noted that the Club has planned a fundraiser for May 17t t
2003 and a health fair is also planned for later. He related t hat the
Our Club contract has been extended another year and that the City of
Jacksonville has been tremendously supportive of the program since 1999.
He added that he has served at several Our Club site s , saying that.
Jacksonville is the best. He stated that the children make the program
as great as it is, further expressing the desire to help the children
find their niche in life.
Mayor Swaim expressed appreciation to Deputy City Clerk Teresa Carter fo1:
her tenure with the City, adding that as a military family they have been
t ransferred to Florida. The Council expressed appreciation for her
se r vice .
ROLL CALL : Aldermen: Elliott , Smith, Lewis, Sansing , Ray, Wilson, Fletcher,
Strou d , Twitty, and Howard answered roll call. Mayor Swa im a l so answered
roll call declaring a quorum . PRESENT ten (10}, ABSENT (0}.
Others present for the meeting were : Ci ty Attorney Robert Bamburg, Deputy
Clerk Teresa Carter , Director of Administration Director o::
Administration Murice Green , Human Resource Director Charlie Brown, Cit~(
En gineer Jay Whisker, Parks and Rec r eation Director George Biggs , Finance
Director Paul Mushrush, Finance Account Services Assistant Nikki Wilmoth,
CDBG Director Theresa Watson, Police Chief Ruthven, Fire Chief
Vanderhoof , Planning Comm i ssion Chairman Art Brannen, Chamber of Commerce
Director Bonita Rownd, Mr . Tommy Dupree, Mrs. Addie Gibson, Mr. Jay
Hudson, Mr. Ben Rice, Mrs . Joan Zumwalt, Mrs . Judy Swa im, Mr s . Li ndy
Lewis , Mrs. Glenda Fletcher, Mr . Leroy Ak ridge, Ms . Roberta Bonham , Mr.
Larry Smith, interested citizens and members of the press.
1
-
PRESENTATION OF MINUTES :
0001:7 1.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20 , 2003
7 :00 P .M. -7 :50 P .M.
Mayor Swaim presented the minutes of the Regular City Co un ci l Meet i ng of
February 6, 2003 for approval and/or correction at the next Regularly
Scheduled City Council Me eting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Stroud that the minutes of the
Regular City Council Meeting of 16 January 2003 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA :
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for January 2003 from the Jacksonville Fire Department, which
reflects a fire loss of $124,950 and a savings total of $399,350 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for January 2003 . Said report reflects the Total Value of
Reported Stolen Property $34 ,714 . Total Value of Recovered Stolen Property
$17,657 and Total Report Sales $414.00 .
ROLL CALL : Aldermen : Elliott , Smith, Lewis,
Fletcher , Stroud, Twitty , and Howard voted AYE.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
Sansing, Ray, Wilson ,
MOTION CARRIED.
STREET DEPARTMENT : Request to Accept Bid f o r Reinforced concrete pipe
and HOPE pipe.
Mayor Swa im related that City Engineer Wh iske r prepared specifications
for bid regarding two kinds of p i pe frequently used in projects during
the year .
Alderman Wilson moved , seconded by Alde rman Lewis to Accept the Low bid
from Hanson regarding Reinforce d Concrete Pipe and the low bid from
Little Rock Winwater for the High Density Polyethylene pipe.
Mayor Swaim n oted that this is not an expenditure but appr o val of price .
At this time , MOTION CARRIED.
PLANNING COMMISSION : a . ORDINANCE 1194 (#2 -03)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: PROPERTY LOCATED AT 1100 NORTH JAMES STREET ,
JACKSONVILLE, ARKANSAS); AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE
LAND USE MAP OF THE CITY OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER
PURPOSES.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2003
7 :00 P .M. -7:50 P.M .
Alderman Smith moved , seconded by Alderman Ray that Ordinance 1194 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith , Lewis ,
Sans ing , Ray, Wi lson, Fl etcher , Stroud , Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon Ci ty Attorney Bamburg read the headi ng of
Ordinan ce 1194.
City Engineer Whisker clarified that 1100 North James is the white
building north of the octagonal building former l y known as Charles Ray
Insu rance . He added t ha t the purchaser is p r oposing t o open a small shop
for antiques and a tea room .
Alderman Sm i th moved , seconded by Alderman Sansing that Ordinance 1194 be
APPROVED on FIRST READING . ROLL CALL: Alde r man E l liott , Sm i th, Lewis,
Sansing , Ray , Wilson, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 1194 be
placed on SECOND 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 h eading of
Ordinance 119 4 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1194 be
placed on THIRD and FINAL READING . ROLL CALL : Al derman Elliott , Smith ,
Lewis , Sans i ng, Ray, Wi l son , Fletche r , Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1194.
Alderman Lewis moved, s econded by Alderman Sansing that Ordinance 1194 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Lewis ,
Sansing , Ray, Wilson , Fletcher , Stroud, Twitty and Howard voted AYE. NAY
( 0) • MOTION CARRIED .
ORDINANCE APPROVED 1 ADOPTED AND NUMBER 1194 THIS 20TH DAY OF FEBRUARY
2003 .
b. ORDINANCE 1195 (#3-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE §17 .12 .110 AND CREATING
JACKSONVILLE MUNICIPAL CODE §17.12.125; DECLARING AN EMERGENCY ; AND , FOR
OTHER PURPOSES.
Mayor Swaim related that Ordinance 1195 amends the Jacksonville Municipal
Code regarding final plats and implementing a depos i t fo r delayed
improvements.
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1195 be
placed on FIRST READING . ROLL CALL: Alde rman Ell i ott , Smith , Lew is,
Sansing, Ray , Wilson , F l etcher, Stroud , Twitty and Howard vot ed AYE . NAY
(0). MOTION CARRIED. Whereupon City At t orney Bamburg read the heading of
Ordinance 1195 .
3
0001"73
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2003
7 :00 P .M. - 7 :50 P.M.
City Engineer Whisker stated that currently under Jacksonville Mun icipal
Code a property owner must subdivide his property for sale, explaining
that to subdi vide the property it has to b e final platted and that the
process of fina l platting requires all i mprovements b e made to the
property prior to final plat approval. He stated t h at the amendments
would off e r the purchasing developer the oppor tunity to make planned
improvements to the property without hinde ri n g final plat approval . He
stated that the improvements would i ncluded but not be limited t o
sidewalks , water , and s ewer. He explained that the City would hold
depos ited improvement mon ie s f or one-year o r unt i l that time when
improvement s have been compl eted , adding that he views t h i s mostly for
the application of commercial property .
Al d erman Wi l son questi oned if the developer would receive int erest on
monies held after he ha s completed the requested improvements , if those
monies were not forfeited.
Finance Director Paul Mushrus h stat ed that as a l iab i l ity account
maintained by t he Ci ty on a monthly basis any small amoun t o f interest
would be a ppli ed to administrative cost .
In response to a question posed by Alderman Wilson , Ci ty Engineer Whi sker
re l ated that he is currently h olding an account in the amoun t of
approximate l y $20 ,000 regarding water and sidewalk i mprovements.
Alderman Wilson moved, seconded by Alderman Ray t h at Ordinance 1195 be
APPROVED on FIRST READING. ROLL CALL: Alderman El l i ott , Smi th , L ew is,
Sans i ng , Ray , Wil son , F letche r, Stroud, Twitt y and Howard voted AY E. NAY
( 0) . MOTION CARRIED .
Al d erman E lliott moved , seconded by Al derman Smith that Ordinance 1195 be
placed on SECOND READING . ROLL CALL: Al derman Elliott , Smith, Lewis ,
Sans i ng , Ray , Wilson, Fletcher , Stroud , Twi t ty and Howard voted AYE . NAY
(0). MOTION CARRIED. Whereupo n City Attorney Bamburg read the heading of
Ordinance 1 195.
Alderman Lewis moved, seconded by Alderman Ray that Or dinance 1195 be
p l aced on THIRD and FINAL READING. ROLL CALL: Alderman Elliott, Smith ,
Lewis, San sing, Ray , Wilson , F letcher , Stroud, Twitty and Howard voted
AYE . NAY (0). MOTION CARRIED. Whereupon Ci ty Attorney Bamburg read the
heading of Ordinan ce 1195.
Alderman Ray moved, seconded by Alderman Lewis that Or dinance 1195 be
APPROVED AND ADOPTED. ROLL CALL : Alderman E lliott, Smith , Lewis ,
San s ing , Ray , Wilson , Fletch e r , Stroud , Tw i tty and Howa r d voted AYE . NAY
( 0) . MOTION CARRIED.
Al de r man Ray moved, seconded by Alderman Wilson tha t t he EMERGENCY CLAUSE
be APPROVED and ADOPTED. ROLL CALL : Alderman Ell i ott, Smi t h , Lewis,
Sans i ng, Ray , Wilson , Fletcher , Stroud, Twitty and How ard voted AY E. NAY
( 0) . MOTION CARRIED .
4
000:174
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20 , 2003
7:00 P .M. -7:50 P .M.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1195 THIS 20TH DAY OF FEBRUARY
2003 .
c . FINAL PLAT Juanita Washington Subdivision
Mayor Swaim related that the plat is a one -lot subdivision wi th no
required i mprovements .
Alderman Elliott moved, seconded by Alderman Sansing to approve the Final
Plat of the Juanita Washington Subdivision. MOTION CARRIED.
GENERAL: ORDINANCE 1 1 93 (#1-03)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §3 .06 AND ESTABLISHING
A HOTEL/MOTEL TAX UPON GROSS REVENUES OF HOTELS , MOTELS , BED &
BREAKFASTS, AND/OR OTHER SUCH SHORT TERM RENTAL ACCOMMODATIONS LOCATED
WITHIN JACKSONVILLE ; CREATING JACKSONVILLE MUNICIPAL CODE §2.90 AND THE
JACKSONVILLE ADVERTISING AND PROMOTIONS COMMISSION; DECLARING AN
EMERGENCY ; AND FOR OT HER PURPOSES .
Alderman Stroud mo ved , seconded by Alderman Smith that Ordinance 1193 be
placed on FIRST READ I NG. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray , Wi lson, F l etcher, Stroud , Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading
of Ordinance 1193.
Alderman Smith moved , seconded by Alderman Ray that Ordi nance 1193 be'
APPROVED on FIRST READ I NG.
Alderman Wilson stated that he be l ieves the members of Council support:
enactment of the hotel /mo tel tax , adding that the question is timing . HE!
stated that everyone supports the efforts of the Military History Museum;
pointing out that from the last me eting it was clear tha t educational
issues were deemed the priority for the Community at this time . He
related that he is concerned that current passage of the hotel/motel tax
may affect other educational issues under cons ideration and bel ieves that
the educational issues should be resolved prior to addressing tax issues .
He expressed concern that a two -cent hotel/motel tax may not properly
fund the Advertising & Promotion Commission regarding efforts for
Jacksonville , adding that a prepared food tax may need to be considered
along with the hotel /motel tax to adequat ely fund the Commission. He
stressed the importance of properl y promoting Jacksonvi l le.
Alderman Wilson moved to table the Ordinance until a sales tax election
is held regarding the Education Center or until Apri l 1, 2004 .
Alderman Fletcher stated his intent to se cond the motion , addi ng that he
would l ike to have discussion before doing so. He went to say t h at State
government is experiencing drast ic shortfalls and cutbacks , pointing ou·t
that education in the S t ate has been targeted in t hos e c u ts . He the~
pointed out that educational issues took priority at the Speci al meetin9
held by Council , adding that he believes the two top priorities are t h e
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20 , 2003
7 :00 P .M. -7 :50 P .M.
Separate School District and the proposed educat i onal center, not wanting
any other project to jeopardize those efforts . He stated that timing i s
the crucial issue, relating h i s support f or the A&P Commission following
educational concerns . He related his past efforts regarding the creation
of the Historical Society and his love of history . He went on to say
that he be l ieves t he museum will benefit Jacksonville, and tha t he is
sure other Ald erman will speak to the issue that the hotel/motel tax will
not affect residents of Jacksonville. He concluded saying that i t is a
timi ng issue not the merit of the project being questioned.
Alderman Smith stated that he did not feel because of t he small amount
that it would jeopardize other projects , adding that the amount may
increase as the economy improves. He stated that his impression at the
Special City Council mee t ing was that the hotel/motel tax would be
passed . He stated his support for passage of t h e Ordinance.
Alderman Sansing also stated his support for passage of the Ordinance ,
with following efforts to begin other projects.
Alderman Stroud stated that he appreciates the comments of Aldermen
Wilson and F letcher, but agreed he is in support of the Ordinance
passage. He added that he did not feel that the tax would affect the
separate school district .
Alderman Lewis stated that with education the p ubl ic wi l l support the
direction of the Council, adding t h at he feels the timing is now for the
tax and that the an informed public will support the education center .
Alderman Wilson restated his motion to table the Ordinance until a sales
tax election is held regarding the Education Center or until April 1 ,
2004 . Alderman Fletcher seconded the motion . Motion failed via voice
vote .
ROLL CALL on Motion to Approve F I RST READING:
Lewis, Sansing , Ray, Wilson, F l etch er , Stroud ,
AYE . NAY (0). MOTION CARRIED.
Alderman Elliott , Smith ,
Twitty a nd Howard voted
Alderman Sansing moved, seconded by Alderman Ray that Ordinance 1193 be
placed on SECOND READING. ROLL CALL : Alderman Elliott, Smith, Lewis ,
Sansing , Ray, Wilson , Fletcher, Stroud , Twitty and Howard voted AY E . NAY
(0). MOTION CARRIED. Whereupon City Attor n e y Bamburg re a d t he heading o f
Ordinance 1193.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1193 be
placed on THIRD and FINAL READING . ROLL CALL : Alderman El l iott , Smith ,
Lewis , Sansing , Ray , Wilson , Fletcher , Stroud, Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading of Or dinance 1193 .
6
0001 ?6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2003
7 :00 P .M. -7 :50 P.M.
Alderman Ray moved , seconded by Alderman Lewis that Ordinance 1193 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith , Lewis ,
Sansing, Ray, Wilson, Fletcher, Stroud , Twitty and Howard voted AYE. NAY
( 0) • MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1193 THIS 20TH DAY OF FEBRUARY
2003 .
Discussion ensued regarding t he appointments to the Commission by the
City Council. Mayor Swaim stated that the Ordinan ce requires that
hotel/mote l or tourist business related Commission members be residents
of the City. He stated that as an option the City Council could pass an
Ordinance allowing someone from outside the City to serve on the
Commission. Discussion then turned to tho se members of City Council
interested in serving on the Commission and the method to choose.
Alderman Stroud suggested drawing straws for Commission appointments and
Alderman Sansing nominated Alderman Smith f or first placement to the
Commission because of his involvement in the project.
Mayor Swaim noted that f our members from City Counci l desire to serve or..
the Commission and that a method will have to chosen for deciding what
members would serve .
Alderman Wilson not ed that t h e Ordinan ce ca l ls for staggered t erm~:
regarding members other than City Counci l appointments , pointing out that
City Counci l members are designate d to serve the length of their Alderman
term. He suggested that a rotation of City Counc i l members be cons i dered
offering other Alderman an opportun ity to serve .
It was the consensus of the City Council that t h e two members servin9
from the City Council would serve until the next Alderman election .
The selection process began a nd Alderman Sansing withdrew his name fo1~
consideration at this time, expressing his support of Alderman Smith
serving in t he first term . Alderman Howard withdrew his name for curreni:
term , leaving Aldermen Smith a nd Stroud to serve as City Council member!>
regarding the fi r s t term of the Advert ising and Promotion Commission.
Alderman Smith moved, seconded by Alderman Sansing to appoint Mayor Swaim
as the member serving at large. MOTION CARRIED .
Alderman Wilson requested that a list of qualified and interested
businesses members be submitted to the City Council for consideration.
Mayor Swaim pointed out that not only owners but also managers of
hotel/motel or tourist type businesses are eligible f or appointment. He
encouraged qua l ified business citizens to submit their names to hi.3
Office for consideration . He stated that two members would need to bt~
in the hotel/mote l business and one member could be from a touri s ·t
related business .
7
APPOINTMENTS:
0001 '77
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
FEBRUARY 20, 2003
7:00 P .M. -7 :50 P.M.
ANNOUNCEMENT: Mayor Swaim announced a joint meeting of the Planning
Commission and the City Council February 26 th at 7:00 p.m. t o discuss
issues relating to the Landscape/Green Ordinance.
Parks and Recreation Director George Biggs acknow l edged Mrs. Donna House
of 4H, who is working with the Our Club children regarding parl i amentary
procedure and city government. He expressed Mrs. House and her husband's
commitment t o the children . He noted, for the children, that the members
of City Council are elected positions serving as leaders of the
Commun ity, identifying City Attorney Bamburg as the elected City Attorney
and introducing City Department Heads Police Ch ie f Ruthven, Fire Chief
Vanderhoof, Finance Director Paul Mushrush , Director of Human Resources
Charlie Brown , Director of Admin i stration Murice Green, Ci ty Engineer
Wh i sker , Director of Community Developm ent Theresa Watson and City Clerk
Susan Davitt .
OVERPASS UPDATE :
City Engineer Whisker related facto r s regarding the pouring of concrete
and weather conditions, noting that the concrete mus t be kept at 52° for
seventy-two hours. He stated that currently smaller activities are
underway regarding rebar. He projected completion t o be around the first
of April .
Mayor Swaim explained that inclement weather cond i tions have extended
contract deadlines. He added that concrete and asphalt issues have been
delayed until weather conditions reach and maintain a certain temperature
regarding State regulations and guidelines.
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:50
p.m.
Respectfully,
~J-c.~~ ~SWAIM~
8
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
March 6, 2003 7:00 P .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:
Regular City Council Meeting
February 20, 2003
Special City Council Meeting
February 11, 2003
Regular City Council Meeting
February 6 , 2003
Regular Monthly Report/February
City Engineer Jay Whisker
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPART MENT:
12. PARKS & REG DEPT:
13. PLANNING COMMISSION :
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT:
a. ORDINANCE 1196 (#4-03) Zoning of
Annexed Property (Mayor Swaim)
(avail. at meeting)
b. RESOLUTION 570 (31-03)
Expressing support for a Study by UALR of
Central Arkansas Transit (Mayor Swaim)
c . CDBG : Request Approve Annual CAPER
(Mayor Swaim) (avail. at meeting)
0 001'79
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 6, 2003
7 :00 P .M. -7:16 P .M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The Ci ty Counci l of the City of Jacksonvi lle , Arkansas met in Regular
Session on March 6, 2003 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Vice Mayor Howard led a
standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Al dermen : El liott , Smith, Sansing , Ray, Wilson , F l etcher ,
Stroud, and Twitty , answered roll cal l . Vice Mayor Howard also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1 ). Mayor Swaim
was attending a National League of Cities Congressional Conference in
Washington D.C.
Others present for the meeting were : Ci ty Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti , City Engi n eer Jay Wh i sker, Public Wor k s Director
Jimmy Oakley, CDBG Director Theresa Watson, Po lice Chief Ruthven, Fire
Chief Vanderhoof, Chamber of Commerce Director Bonita Rownd, Mrs. Glenda
Fletch er , Ms . Robert a Bonham, Signal Technician Sidney Gray, Mr. Leroy
Akr i dge , Mr. La rry Smith, interested citizens and members of the press .
PRESENTATION OF MINUTES :
Vice Mayo r Howard presented the minutes of the Regular City Council
meeting of February 20, 2003 and the Special City Council meeting of
February 1 1 , 2003 for approval and/or correct i on 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 6 February 2003 be APPROVED . MOTION
CARRIED .
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for February 2003 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Lette r s
Tra sh Removal
Cost f or January
12
10
0
0
33
0
$ . 00
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncompliance
Towed
CONDEMNATIONS
Structural Maint. Letters
Structural Repairs Made
Demolitions
33
39
57
51
36
1
0
0
0
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Stroud, and Twitty voted AYE. MOTION CARRIED.
1
OOOlSO
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL : a . ORDINANCE 1196 (#4-03)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 6, 2003
7:00 P.M. -7:16 P .M.
AN ORDINANCE CLASSIFYING NEWLY ANNEXED PROPERTY IN THE CITY OF
JACKSONVILLE, ARKANSAS (GENERAL LOCATION: PROPERTY LOCATED IN THE RECENT
SOUTHEAST AND SOUTH ANNEXATIONS TO 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 Whiske r related that the property is being proposed for its
c urrent us e, n oting that the landfill is being proposed for the zoning of
M-1 and the property to be developed by First Electri c Cooperat i ve is ., proposed for C-1 . He noted that t he property on the corner of Loop Road
and Graham is be ing proposed for C-2 , adding that a l l of Loop Road was
annexed. He noted a smaller section of property z oned R-1 a n d R-7 below
the R-1 prope r ty on Military Road. It was noted that the Murrel l Taylor
Elementary School did n ot c h oose to participa te in t he volun ta ry
South east Annexation.
City Engineer Whisker then answered that R-7 is the zone for mobile home
parks .
Alderman Sm i th mo ved, seconded by Alderman Sansing that Ordinance 1 196 be
placed on FIRST READING . ROLL CALL: Alderman E lliott, Smi t h , Sansing ,
Ray, Wilson , Fletcher, Stroud, and Twitty vo ted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1196.
Alderman Ray moved, seconded by Alderman Wilson that Ordinan ce 1196 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sansing,
Ray , Wilson, Fletcher, Stroud, and Tw itty vot ed AYE . NAY (0). MOTION
CARRIED .
Alderman Sansing moved, seconded by Alderman Stroud t hat Ordi nance 1196
be placed o n SECOND READING . ROLL CALL : Alderman E ll iott , Smith ,
Sans i ng , Ray, Wilson, Fletcher, Stroud, and Twitt y voted AYE. NAY (0).
MOTION CARRIED . Whe r eupon Ci ty Attorney Bamburg read the heading o f
Ordinance 1196 .
Alderman Stroud moved, seconded by Alderman Sansing that Ordinance 1196
be placed on THIRD and FINAL READING . ROLL CALL : Al derman Elliott,
Sm ith, Sansing, Ray, Wilson , Fletcher , Stroud, and Twi tty voted AYE. NAY
(0). MOTION CARRIED. Whe reupon City Attorney Bambu rg read the heading
of Ordinance 1196 .
2
000131
CITY OF JACKSONVILLE
REGULAR CITY COUNCI L MEETING
MARCH 6, 2003
7:00 P.M . -7:1 6 P.M .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1196 be
APPROVED AND ADO PTED . ROLL CALL : Al derman Elliott , Smith , Sansing, Ray ,
Wilson, F l etcher , Str oud , and Twitty voted AYE. NAY ( 0) . MOTION
CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1196 TH I S 6TH DAY OF MARCH 2003 .
b . RESO LUTION 5 7 0 (#1 -03 )
A RESOLUTION EXPRESSING SUPPORT FOR A STUDY BY UALR OF THE CENTRAL
ARKANSAS TRANSIT ; AND , FOR OTHER PURPOSES.
City Attorney Bamburg related that part i c i pation by local mun i cipalities
in Pulaski County had been requested by Judge Villains , he related that
the c ities have been asked to adop t a Resolution support i ng the request
for a study and pledging support and partici pation regarding i nformat i on
or da t a available.
I t was noted that t here would not be a cost to the City to participate .
Alderman Smith moved , seconded by Alderman Wilson to Read Resolution 570.
MOTION CARRIED . Whereupon City Attorney Bamburg read the title of
Resolution 570 .
Alderman Wilson moved, seconded by Alderman Ray to Approve Resolution
570. MOTION CARRIED .
c. CDBG Request t o Approv al the Annual CAPER Report .
CDBG Director Theresa Watson provided a brief summary regarding activity
for t h e Department. She related that the Department received $336,189 .00
for 2002 , adding that with those funds the Depart ment was a b le to
inc r ease the number of homeowner ship opportu nities through the HAG
Grants . She stated that HAG Grants had increased by 200%, adding that
the percentage of Rehabs and Eme r ge n cy Projects increased by 70 % from
200 1 . She po i nted out that 2001 was a transitional period for the
Department, adding that the Department plans to increase all goals. She
t h en related that the Department plans to comp l ete 25 homeownership
g r ants for 2003 over the 16 homeown ership grants in 2002 to help decrease
the amount of renta l property i n the City. She related that in 2002 the
Department made a contribution to t he Care Channel i n the sum o f $12 ,000.
She r e l ated that the Care Channel was able to tremendously increase the
number of fami lies they we re able to help a n d a l so provide a bonus
holiday basket t h a t they are not normally able to offer . She stated that
i n 2003 the Department plans to cont r i bute at least that same amount or
possibly provi de a smal l increase if funds are available. She related
the need to i n c r ease t h e number of volunteers for the Department 's
volunteer programs , pointing out that in 2002 they were onl y able to
paint two houses , bu ild two whee l c h air ramps for i n dividuals who were not
able to afford one and provide some yard work.
Alderman Wilson moved,
Annual CAPER Report.
seconded by Alderman Stroud to approve the 2002
MOTION CARRIED .
3
0001.32
APPOINTMENT (S):
ANNOUNCEMENT ( S) :
ADJOURNMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 6, 2003
7:00 P .M. - 7 :16 P.M .
Vice Mayor Howard without objection adjourned the meeting at
approximately 7:16p .m.
Respectfully,
~~/ ·~SWAIM~
4
-
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
March 20, 2003 7:00 P.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)
(Animal Control)
6. WATER DEPARTMENT:
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
Regular City Council Meeting
March 6, 2003
Regular City Council Meeting
February 20, 2003
Special City Council Meeting
February 11, 2003
Regular Monthly Report/February
Chief Vanderhoof
Regular Monthly Report/February
Chief Ruthven
Regular Monthly Report/February
Public Works Director Jim Oakley
0001.33
12. PARKS & REG DEPT: PRESENTATION: 2002 Coach of the Year
(Mayor Swaim)
13 . PLANNING COMMISSION: a .
b.
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
FINAL PLAT Wayne Rogers Subdivision
(Mayor Swaim) (plat included in packet)
FINAL PLAT Heard Addition
(Mayor Swaim) (plat included in packet)
APPOINTMENTS for the Advertising
and Promotion Commission
(Mayor Swaim)
0001.3 -4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 2 0, 2003
7:00 P .M. - 7 :21 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the Ci ty of Jacksonville, Arkansas met in Regular
Session on March 20, 2003 a t the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim and a group of
chi l dren led a standing audience in the "Pledge of Al legiance" to the
flag .
ROLL CALL : Aldermen: El l iott, Smith, Sansing, Ray, Fletcher, Stroud ,
Twitty, and Howard answered roll call . Mayor Swaim also answered ROLL CALL
decl aring a quorum. Alderman Lewis arrived at approximately 7:05 p.m. It
was announced that Alderman Wilson was attendin g the Community Council
Meeting i n San An t onio rep resenting LRAFB Community Counci l. PRES ENT nine
(9), ABSENT (1).
Others present for the meeting were : City Attorney Bobby Bamburg , Deputy
Clerk Heather Palermiti, Direc tor of Administration Murice Green , Human
Resource Director Charlie Brown, City Engineer Jay Whisker , Publ i c Works
Director Jimmy Oakley, Finance Director Pau l Mushrush, CDBG Director
Theresa Wat son , Police Chief Ruthven , Fire Chief Va nderhoof , P arks and
Recreation Director George Biggs , Planning Commission Chairman Art
Brannen, Parks and Recreation Commissioners Greg Bollen , Marsha
Dornblaser and Curtis Green , Mrs . Judy Swaim, Mrs . Lindy Lew i s , Mr. Be n
Rice , Mrs . Martha Boyd , Mr. Leroy Akridg e , Mr . Larry Smith, intere sted
citizens and members of the press.
PRESENTATION OF MINUTES :
May o r Swaim presented the minutes of the Regu l ar City Council Meeting of
March 6 , 2003 for approval and/or correction at the next Regul arly
Scheduled City Co u nci l Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alde rman Howard moved, seconded by Alderman Smith that the minutes of the
Regular City Council Meeting of 20 February 2003 and the Special City
Co uncil Meeting of 11 February 2003 be APPROVED. MOTION CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular
Monthly Report for February 2003 from the Jacksonvi l l e Fire Department ,
wh ich reflects a fire loss of $32 ,500 and a savings total of $230,500.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, sec onded by Alderman Elliott to approve the Regular
Monthly Report for February 2003 . Said report reflects the Total Value of
Reported Stolen Property $46 ,273 . Total Value of Recovered Stolen Property
$15,385 and Total Report Sal es $356 .00
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved , seconded by Alderman Elliott to approve the Regular
Monthly Report for February 2003 . Said report reflects :
1
ADOPTION/FINES : $
CONTRIBUTIONS : $
TOTAL : $
000135
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 20 , 2003
7:00 P.M . -7:21 P.M .
416 .00
0.00
416.00
ROLL CALL : Aldermen : Elliott , Smith , Sansing, Ray , Fletcher, Stroud,
Twitty, and Howard voted AYE. MOTION CARRIED .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
PARKS & RECREATION : PRESENTATION 2002 Coach of the Year Awards
Park & Rec reat ion Director George Biggs related that the various
Jacksonville sports associations submit a nnual nominations for Coach of
the Year . He presented the following Coach of the Year Awards .
2002 Jacksonville Softba l l Association
2002 Jacksonville Soccer Association
2002 Jacksonville Youth Baseball Association
2002 Jackson vi lle Football Associa tion
Greg Hart
Bobby Cast i le
Michael Paye r
Mike Garcia
Mayo r Swaim expressed appreciation to the volunteers . He then pointed
out that the Comm ission members are voluntee r s who give free ly of their
time , adding that the spor ts programs would not be possible without their
efforts and vo l unteerism along with the parents who are instrumental in
keeping the programs going . He noted that many volunteers remain even
afte r their own children have outgrown the programs.
PLANNING COMMISSION : a. FINAL PLAT Wayne Rogers Subdivision
Mayor Swaim noted that t he subdivision is loca ted in the County .
City Engineer Whisker stated that the Fina l Plat was approved by the
Planning Commis sion with a recommended waiver regarding sidewalk
r equirements because the subdivision is lo cated in the County a nd does
no t prese ntl y have sidewa l ks in the area .
Alderman Stroud moved, seconded by Alderman Ray to approve the Final Plat
of the Wayne Rogers Subdivision and grant a waiver of sidewalk
requirements. MOTION CARRIED.
b. FINAL PLAT Heard Addition
City Engineer Whisker related that the Heard Addition is a family tract
o f land locat ed on Taneyv il le Road, south of Quince Hill Dri ve. He
related that the property is being divided among family members, but
still requires fina l platting for the six-lot subdivision . He added that
the family has requested a s idewa lk waiver because t he property is being
d ivided a mong f amily and not for resale pro f it. He noted that the
Planni ng Commission approved the final plat with a recommendation to
waive the sidewalk requirement.
2
000136
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 20, 2003
7:00 P.M. -7:21 P.M .
Discuss i on ensued r egarding clarification of the property's location on
North First Street, noting that approximately in the area of lots 2 and 3
there is currently an old home located on the property .
Alderman Stroud moved, seconded by Alderman Howard to approve the Final
Plat of the Heard Addition as presented . MOTION CARRIED .
GENERAL : Appointments for the Advertising and Promotion Commission
Mayor Swaim reviewed the previous actions by City Council to establish an
Advertising and Promotion Commission regarding the passage of a two-cent
hotel/mote l tax. He stated that the Commission is to consist of two City
Council members, one member at large, and four members of the hotel/motel
and tourist related industry. He related that the terms would be
staggered by a name draw.
Alderman Smith moved , seconded by Alderman Stroud to nominate Bart Gray,
Jr. of Jacksonville Inn, Ray Patel of the Days Inn and Gene Ray, manager
of the Southern Comfort Inn . MOTION CARRIED .
UPDATES:
Chief Vanderhoof reported that the Fire Department responded to an
explosion and fire regarding a house on James Street, which totally
involved the entire home. He s t ated that the occupant had fled, adding
that there is con cern that it was possibly a meth lab explosion. He
stated that the firemen did an excellent job protecting adjacent
p r operties and extinguishing the fire.
Chief Ruthven reported that the driver of an 18-wheel vehicle had fallen
asleep and overturned his truck off the Main Street overpass at
approximately 1:00 a .m. He stated that the vehicle suffered extensive
damage and both the driver and a passenger were injured, but not
seriously. He stated that the accident took out the guardrail on the
east side of the freeway going southbound, add i ng that the incident
impacted traffic until approximate l y 7:00 a.m. He related that the
southbound traffic was rerouted and Main Street had :to be temporary
closed for an extended period. He stated that the State Highway
Department will begin repairs as soon as possible .
Mayor Swaim related heightened citizen concern regarding homeland
security resu l ting from the war in Iraq, adding that he feels very
confident regarding the level of emergency service available tc
Jacksonville and t h e ability to handle circumstances should they arise .
He related that he has spoken wi t h the Chief of the Fire Department on
the Air Base, relating the he and the Chief are very comfortabl e with the
interaction regarding the Jacksonvil l e Police and Fire Department . He
related that al l emergency divisions have been trained and stand ready
and prepared. He mentioned the shared relationship with adjoining Police
and Fire Departments offering t he ab i lity to obtain reciprocal help
should it be necessary. He concluded saying that it is hoped that
nothing ever happens, but the City of Jacksonvil l e i s prepared .
3
-
APPOINTMENT (S):
0001.37
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MARCH 20, 2003
7:00 P .M. -7:21 P .M.
ANNOUNCEMENT(S): Alderman Smi th encouraged participation regarding the
e lection for a s eparate scho ol district, identifying i ts f uture value to
the Ci t y of Jacksonville .
Ma yo r Swaim stated t hat s eparate schoo l district efforts are not anti-
Pulaski County Schoo l District, but an opportunity to better educate the
children of t he Community because i t is felt tha t stronge r involvement
from the Community will make a difference in the quality of the
education.
Mayor Swaim announ ced that April 5th at 9 :00 a .m . Chamber o f Commerce is
ho sting a City-w ide Cleanup c am paign fol lowed by a Hot Dog lun ch . He
as ked that v olun teer s contac t Pub li c Works Di re ctor Jimmy Oakley or
Director of Administra tion Murice Gre en to be assigned an area of
cleanup .
It was noted that a firm date has not been set regarding the annual
household chemica l dro p o ff a t the re cycling center.
UPDATE RAILROAD OVERPASS
Ci t y Engi nee r Whisker related that crews were asphalting yesterday and
today , adding that progress i s be i ng made.
Mayor Swaim related that temperature and weather are critical issues .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7:21
p.m .
Respectfully ,
4
000:138 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 MINU T ES:
5. CONSENT AGENDA:
(Engineering Department)
6. WATER DEPARTMENT:
April 3, 2003 7:00 P.M .
Regular City Council Meeting
March 20 , 2003
Regular City Council Meeting
March 6 , 2003
Regular Mon t hly Report/February
City Engineer 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:
PRESENTATION : Chaplin Program
by Joe Bratton (Mayor Swaim)
PROJECTS UPDATE by City Engineer Whisker
(Mayor Swaim)
SEWER COMMISS ION APPOINTMENT
Joan Zumwalt for a term to exp ire 04/20/2008
ADVERTIS ING AND P ROMOTION APPOINTMENT
Jim Hurley fo r a term to expire 3/31/2007
0001.39
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 3 , 2003
7:00 P.M. -7:16 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 April 3, 2003 at the regular meeting place of the Council .
Alderman Smith delivered the invocat i on and Vice Mayor Howard led a
standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Ell iott , Smith, Lewis, Sansing, Fletcher , and Twitty
answered roll ca ll. Vice Mayor Howard also answered ROLL CALL declaring a
quorum . PRESENT six (6), ABSENT (3). Mayor Swaim was attending a National
League of Cities Congressional Co n ference in Washington D.C .
Others pres e nt for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Pa l ermiti, Director of Administration Murice Green, City
Engineer Jay Whi sker , Public Wor k s Director Jimmy Oakley, CDBG Director
Theresa Watson, Police Chief Ruthven, Fire Chief Vanderhoof, Mrs. Glenda
Fletcher, Ms . Roberta Bonham, Mr. Leroy Akridge, Mr. Larry Smith,
interested citizens and members of the press.
PRESENTATION OF MINUTES:
Vice Mayor Howard presented the minutes of the Regu l ar City Council
meeting of March 20, 2003 for approval and/or correction at the next
Regu l arly Schedul ed City Council Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Lewis that the minutes of the
Regular City Council Meeting of 6 March 2003 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Sansing moved, seconded by Alderman Lewis to approve the Regular
Monthly Report for March 2003 . Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
Cost for March
34
18
0
0
39
0
$ . 00
INSPECTIONS PREFORMED
Bu i lding Inspect i ons
HVACR
Electrical
Plumbing
VEHICLES
5 7
26
71
67
Notice o f Noncompliance 23
Tow e d 3
CONDEMNATIONS
Structural Ma i nt . Letters 0
Structural Repairs Made 0
Demolitions 0
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansing, Fletcher , and
Twitty voted AYE. MOTION CARRIED.
1
0 001.9 0
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 3, 2003
7 :00 P .M. -7:16 P.M.
FIRE DEPARTMENT : Fire and Police Department Chaplainry Programs
Chief Vanderhoo f introduced Fire Department Capta in Joe Bratton and
Police Departme nt Capt ain Charles Jenkins as Chaplains for the Fire and
Police Departments.
Capta in Joe Bratton related that he and Captain Jenkins provide mutual
support in the publ i c safety realm. He relate d that the Chaplin Program
was first instituted in 1995 , adding t hat he was appointed by Chief Ezell
as Ch ap l ain. He stated that the program has developed as a comprehensive
pastora l care program that serves the Fire Department, othe r Departments
and the Communi t y at large regard i ng emergency situations. He then
related on going effort s to establi sh and maintain Chap lainry Prog rams
across Arkansas as a support network regarding large scale disasters. He
not ed that curr ent l y there are approximately fifteen to twenty-five
Programs in the State .
He presented an overview of Int erna l Se rvi ces, pointing out that the
Chapl a in Program offers pastoral care , criti cal incident stress
management and referral services when necessary. He related that as
Chapla i n he strives to provide encouragement for those i n need and
provide pre -incident education and post-incident stre ss management
support in a structured envi r onment . He related that family support is
also a part of the Interna l Services regarding the development and
supp o rt of the fami l y networ k through classes and communication
opportuni t i es. He stated that a Fire Department family network developed
with t he wives is currently hosting a spagh etti supper to raise
scholarship funds in honor of Mathew Allen. He s t a te d that the Chaplain
Program offers a non-sectari an b ib l e study, chape l service on Sunday
morn i ng for those wi s hing to at t end. He then reviewed the External
Services provided by the Program which include victim and family
assis t ance for those who are su f fering from the effect of loss related to
an incident that the Fire Department has responded to . He then added
that h e acts as t he liaison person regarding agencies that are ava i lable
and provide housing f or displaced families, as well as assist the Pol ice
Department with death and i njury notifications . He added that he assist
with gr i ef information provided i n booklet form for families regarding
necessary information and telephone numbers dur ing the time of loss. He
reviewed his City-wide involvement and coordinating efforts with the
Pol i ce Chapl i n i n new o fficer orientation regarding CPR classes and Fire
Department fami l iarization . He stated that he and the Police Chaplain
provide back-up servi ces for each Department.
Police Chaplin Charles Jenkins related that the Police Chaplin Program is
still in its infancy , saying that the program was re-instituted in Apri l
of 2 0 03 by Chief Ruthven . He r e l ated that at that time he was a ppointed
Depa rtment Chaplin . He stated t hat there are five associate Chap l ains,
Jerry Strickland of the New Hope Apostol i c Church, Da l e Johnson of Second
2
000:1.31
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 3, 2003
7:00 P .M. -7:16 P.M.
Baptist Church, Kelvin Amerine of Evangelistic Ministries, Martha Boyd of
First Uni ted Methodist Church and Brent Welch of Grace Community Church .
He stated that the Program provides a weekly devotional to Department
members wishing to participate as an encouragement tool . He related that
the Police Department works closely with the Fire Departmen t in pursuit
of the mutual goal of meeting t he moral, spiritual, and religious needs
of the men and women of those Departments without attempting to
evange l ize, prose l ytize , or criticize. He related that as Police
Chaplain he strives to be a close friend, provide support and resource to
the personnel of the Departme nt.
He related that some of the goals addressed by the program are to provide
comfort to victims and their families, as well as offi cers involved in at
the scene traumatic accidents. He noted a recent accident involving the
injury of Police Offi cer James Jeter who was struck by an out of control
vehicle on the Interstate. He stated that the program also provides
incident stress debriefing fo r officers , death or serious injury
notifications , follow up assistance to victims of crisis furnishing
referral/resource assistance and counse l Police personnel . He related
that the Police Department Chaplain makes themselves available to
families of officers in traumatic situations, visit sick or injured
Department employees, and are avai l able to conduct invocations at Ci ty
funct i ons . He reviewed the qualifications for the Associate Chaplain
Program, saying that to begin a person must be of a high moral character.
He stated that the program exists as a resource for the officers, their
families and the City.
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL: Engineering Projects Update
City Engineer Wh i sker related that a number of the existing road projects
are expected to be completed or well underway by mid-summer, mentioning
Mulberry Street, t h e relocation of Stanphi l Road, the overlay program
with a list to be provided to City Council in the coming weeks. He added
that striping will follow, and explained that streets plann ed for future
overlay may not be striped until the overlay has been completed . He
stated that there are plans to widen the turn a t Marshall Road for cars
going southbound to make a l eft turn onto General Samuels . He re lated
that there are several drainage projects underway, saying that many will
be completed through the summer . He stated that the Railroad Overpass is
schedu led to be completed April 17th, adding t hat a ceremony is planned
for the event. He stated that the striping for the overpass has been
completed and that traffic signal s are currently in flash with only minor
details left to be completed.
3
0001.3Z
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 3 , 2003
7 :00 P.M . -7:16 P .M.
In response to a question posed by Alderman Sansing , City Engineer
Whisker responded that he was not aware of a firm date regarding the
Graham Road crossing c l osure.
Alderman Sansing questioned if the closing was considered temporary while
information is compl i ed regarding the need to remain closed or reopen.
City Engineer Whisker stated that he is not aware o f the status pending
information once the street is closed.
Discussion ensued regarding original intent by the Railroad concerning
the Graham Road crossing.
In response to a ques tion posed by Alderman Fletch er, City Engineer
Whisker stated that an ingress/egress north of the new developed shopping
center adjacent to Wal-Mart, is an out-parcel of the new developed and
would have a right turn in and right turn out only. He t hen answered
that he has not received further word f rom the Arkansas Hi ghway
Department regarding any plans for the widening of the James Street
bridge .
APPOINTMENT(S): SEWER COMMISSION APPOINTMENT
Alderman Smith moved , seconded by Alderman Le wis to approve t h e ,
reappointment o f Mrs. Joan Zumwalt to the Sewer Commission for a term t o
expire 04/20/2008. MOTION CARRIED.
ADVERTISING AND PROMOTION APPOINTMENT
Alderman Smith stated that appointee Jim Hurley is a resident of
Jacksonvil l e and is employed as the Di strict Manager for Wendy's.
Alderman Elliott moved , seconded by Alderman Smith to approve thE!
appointment of Mr . Jim Hurley to the Advertising and Promotion Commission
for a term to expire 0 3/31/2007. MOTION CARRIED.
ANNOUNCEMENT (S) : Public Works Directo r Jim Oakley announced that the
Chamber of Commerce is hosting the "Pick-up Jacksonville" event Saturday
morning at 9:00 a.m. followed by a free lunch served at the Chamber of
Commerce building at 1:00 p .m.
Alderman Fletcher commended the spirit of cooperation between the Fire
and the Police Department. He expressed appreciation on behalf of J oAnn
Williamson regarding the Chaplain support provided when f o rmal Alderman
Joe Williams passed. He went on t o express his appreciation , saying thai:
he is sure everyone in the City feels the same .
Vice Mayor Howard echoed those sentiments and thanked both Departments
for t heir presentations.
4
ADJOURNMENT :
000133
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 3 , 2003
7:00 P .M . - 7 :16 P .M .
Vice Mayor Howard without objection adjourned the meeting at
approximately 7:16 p.m.
Respectfully ,
5
0001.34 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
April 17, 2003 7:00P.M .
1. OPENING PRAYER:
2 . ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUT ES:
5. CONSENT AGENDA:
(Fire Department)
(Police Department)
(Sanitation Department)
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
1 1. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
1 3. PLANNING COMMISSION:
14. GENERAL: 7 :00p.m.
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
Regular City Council Meeting
April 3 , 2003
Joint City Council/P lanning Commission
Meeting March 3 , 2003
Regular City Council Meeti ng
March 20, 2003
Regular Monthly Report/March
Chief Vanderhoof
Regular Monthly Repo rt/March
Chief Ruthven
Regular Monthly Report/March
Public Works Director Jim Oakley
Request to Accept B id : Self Contained
B reathing Apparatus (Mayor Swaim)
Overlay Project List (Mayor Swaim)
PUBLIC HEARING Redevelopment Plans
for p roperty located at 1301 Marshall Road
(Mayor Swaim)
0001.35
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 17, 2003
7 :00 P .M. - 7 :44 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville , Arkansas met in Regular
Session on April 17 , 2003 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayo r Swaim led a standing
a u dience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen : Elliott, Smith, Sansi ng , Ray , Wilson, Fletcher, and
Howard answered roll call. Mayor Swaim also answered ROLL CALL declaring a
quorum . PRESENT seven (7), ABSENT (3).
Others present for the meetin g we r e : City Attorney Bobby Bamb u rg, Deputy
Clerk Heather Palermi ti, Director of Adm i nistration Murice Green , Human
Reso u rce Director Charlie Brown , Finance Direct or Mr . Mushrus h, City
Engineer Jay Whiske r , Parks and Recreation Director George Biggs, Public
Works Director Jimmy Oak l ey , Pol i ce Captain Baker , Fire Battalion Chief
Snyder , Mrs. Judy Swaim, Mrs . Edith Smith, 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 meet i ng of
Apri l 3, 2003 and the Joint City Council and Planning Commission meet i ng
o f March 3 , 2003 for approval a n d/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 March 2003 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 March 2003 from the Jacksonville Fire Department, which
reflects a fire loss of $56,500 and a savings total of $276,500 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for March 2003. Said report reflects the Total Value of
Reported Stolen Property $54 ,279 . Total Value of Recovered Stolen Property
$42,327 and Total Report Sales $414.00 .
REGULAR MONTHLY REPORT/SANITATION AND STREET DEPARTMENTS
Alderman Elliott moved, seconded by Alderman Smith to approve the Regular
Monthly Report for March 2003.
GARBAGE
Tons taken to Landfill
Tipping fees for March
Bulk tons to Landfill
Tipping f ees/Marc h
$
$
SANITATION
716
10 ,695.00
79
3 ,653 .00
DEPARTMENT
TRASH
Cubic Yards
Cubic Yards
1
Collected
Mulched
3,825
1,912.5
000:1.36
RECYCLING
Curbside pick-ups
Drive-thru Customers
Tires Collected
Estimated Revenue
Paper , Plastic, Aluminum
ROAD AND DRAINAGE
Asphalt Shims
Storm Drain Inlets cleaned
Storm Drain Culverts cleaned
Open ditches cleaned
Potholes repaired
Utility cuts repaired
Shoulder repair
R-0-W cleaned/street sweeper
Culvert Installed
Drain Inlet Boxes repaired
Curb & Gutter replaced
Sidewalk repaired
Asphalt Milling
Base Failure Repair
$
7,200
534
3,029
8,401.72
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 1 7, 2003
7:00 P.M . -7:4 4 P.M .
STREET DEPARTMENT
2
21
305 ft
400 ft
29
4
5 miles
350 miles
60 ft
4
94 ft
94 ft
2 sites
3 sites
BEAUTIFICATION
Bags/Litter
Islands mowed
Yards mowed
R-0-W mo wed
119
40
34
2 mil~>
Community Service Hours
18 people-288 hrs.
City lots mmved 4
SIGN & SIGNAL
Signs Fabricated 8
Signs Installed 48
Pavement Markers 0
Signal Maint . 60 hrs
ROLL CALL : Aldermen : Elliott, Smith , Sansing, Ray , Wilson , Fle tcher ,
and Howard voted AYE . MOTION CARRIED .
GENERAL : Advertised 7:00 P .M. Public Hearing regarding Redevelopment o f:
property at 1301 Ma r shall Road (former Vertac Site)
Mayor Swaim opened the public hearing at approximately 7 :04p.m .
He related that Director of Administration Murice Green is responsible
for writing the $50 , 000 grant awarded to the City for a redevelopment:
study regarding the property former ly known as the Vertac Site.
Director of Administration Murice Green offered a brief hi story regardi nq
the property . He related that September 1998 completed the clean up of
the Vertac site, and the City began applying for grants to redevelop thE~
site. He stated that in July of 2002, EPA awarded t he City a $50 ,00 0
grant to develop reuse plans for the site . He emphasized that the grant
is for assessment and study only. He went on to say that fol lowing steps
would involve securing funds to redevelop the infrastructure. He stated
that in August 2002 the City submitted a work plan to EPA, and in
September 2002 a corporate agreement was s i gned with EPA signifyinq
approval of t he projected plan and outl ined expenditure of awarded funds .
He related that in December 2002 the City advertised a request fo::::
proposal of redevelopment and in January 2003 a firm was chose n to
perform the contract in accordance with the proposal . He added that
January 23, 2003 the City signed a contact with ETC Engineers to perforrn
the work and consultation for reuse plans.
2
000137
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 17 , 2003
7 :00 P.M. -7:44 P.M.
He went on to say that since January he has been working with ETC
Engineer Mr . Mizan Rahman to c learly define the scope o f the project and
es tablish an events timeline . He stated that on April 15th Ms. Diana
Hinds from the EPA Dallas Office reviewed the plan and toured the site,
adding that she expressed pleasantly surprise regarding advancement of
t he project.
Mr. Mizan Rahma n stated that Mr. Green has done an excellent job
informing the City Council of the scope of the project, adding that his
function at this point is to listen regarding ideas fo r the project. He
stated that he would synthesize those ideas into a plan that is workable
and has a commitment from the Community . He re l ated that a series of
public meetings will be held to provide input and offer informati on
regarding the project. He asked that those interested take an input
sheet provided and offer their ideas regarding how they feel the area
should be developed and its best uses. He stated that information is
available regarding the existing infrastructure, noting that the property
has water and sewer and it is in a good location in terms of a
"transportation corridor" and is zoned for industr i al development. He
stated that the property offers a b road spectrum regarding a variety of
deve l opments . He stated that the existing buildings might be u seful
depending on the determination of development . He stated that there are
also streets within the property that could be used. He stated that the
City Department Heads were consulted regarding suggestions of use, adding
that there will be another public meeting on May 29th at the Recycling
Center located on the property . He encouraged eve r yone t o attend, adding
that the last meeting will be held at the Jacksonville Senior Center on
J une 12 t h. He stated that a schedule of objectives h as been established
for future meetings and no ted other public meetings may be held at the
Chamber of Commerce and Civic Clubs within the City.
Mayor Swa im noted that there
Corporation to develop idea s.
comment.
would be a meeting with the Commerce
At this time , Mayor Sw a im invited public
Alderman Wilson suggested t ha t handouts be provided at t he next public
meeting regarding the out line of the property and developable acreage .
Mayor Swaim stated that the a r eas have been defined, pointing out that
the Ci t y has met with EPA, who toured the site for the ir five-year review
and approved the property being proposed for redevelopment. He noted
that there is an additional tract of property belonging to the site
loca te d on the northeast side of Marshall Road. He related tha t this
tract would probably be the most likely area to be considered for park
development , noting that the re was never any Vertac operation on the
property. It was noted that the property cons ists of approximatel y 3 .8
acres.
In response to a question posed by Alderman Wilson, Mayor Swaim stated
that the pro perty being proposed for redevelopment is approximately 70+
acres, noting a six-acre strip along Marshall Road that is not be ing
considered for redevelopment .
3
0001.38 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
APRIL 1 7, 2 0 03
7 :00 P .M . -7 :4 4 P .M.
Mr. Rahman n o ted on the aerial photo property currently being utilized by
the City, adding that the area being most considered for redeve l opment is
the area to the north including property with existing buildings . He
noted the location of the major water and sewer lines .
Alderman Elliott questioned if an area had been set-aside for a Police
and Fire training facility .
Mayor Swaim stated that the public hearings are part of the process to
determine if the land would be bes t utilized in that manner . He then
stated that utilities are available but not distributed through out the
site, adding that a water and sewer line have been extended to the
recycling facility now being used .
Alderman Fletcher stated that he would like the State Economic
Development Office i nvol ved to widen the prospect regarding national
business trends . He related that he felt the most natural use of the
property would be a light industrial commercial park.
Mayor Swaim stated that there are Police and Fire representatives to
address proposals for t heir perspective Departments .
Battalion Chief Kendal Snyder proposed that a j oint training facility be
considered for the redevelopment of a portion of the property . He statec
that the Department has a rea l need for a centralized training facility.
He explained that various training needs are current ly being met by
sending personnel to other cities. He pointed out one advantage to
having a centrally located facility and conducting training on duty would
be that it would not inte rfere with response times for emergency calls.
In response to a question po sed by Alderman Smith, Chief Snyder estimated
that between 15 to 20 acres would provide adequate room for a beginninsr
joint training facility.
Mayor Swaim related that since the Fire and Police Academies are both in
south Arkansas, satellite sites have been established, pointing out t hat
both the Fire and Police Department have hosted training sessions at the
Community Center for Department s around the State. He then questioned,
if the property were chosen for that use , what is the prospective for
having the site used by other Fire Departments on a regional basis.
Chief Snyder responded , saying that there would be an exce l lent
opportunity for all surrounding Fire Departments who are all seeking a
centra l location to trai n . He stated that a training fac i lit y offerinq
the same opportunities is difficult to locate. He noted that the
regiona l Fire-training officer is in Conway, adding that the Fire Academ~r
does not have funds to build a fac i lity . He stated that he can envision
Jacksonville being able to obtain those services for t he joint tra ininq
facility, adding that currently the Fire Department is only able to host
classroom training because of a lack of facilit ies regarding practical
exercises. He relat ed that National Training Classes were held in
Jacksonville last year.
4
0001 39
CITY OF JACKSONVILLE
REGULAR CITY COUNC I L MEETING
APRIL 1 7 , 2 003
7 :00 P .M. - 7 :4 4 P .M.
Mayor Swaim related that the Fire Chief has stated borrowing a parking
lot, which has not always been the best situation, is currently how the
Department conducts driver training. He stated that most recently
Triangle Engineering has allowed the Fire Department to use their parking
lot for driver training and testing .
Chief Snyder related the need to be away from residential areas regarding
testing and training .
Captain Baker addressed the need for a joint tra ining faci l ity, stating
that the Police Department would be interested in a building that could
be classroom specific, adding that it could be utilized by either Fire or
Police and outside agencies . He stated that the Police Department is
considering a pistol range area, either indoor or an o utside range with
baffling . He pointed out that the Police Department could a lso us e the
driving pad for training, adding that the only area currently being
offered to the Police is in Camden . He noted needs for an area to
perform canine training, pointing out that the Police Department
currently has four dogs. He explained that currently the City is
participating in culmination training with other cities t hat also have
canines , and that a joint training facility would offer the other cities
a centrally located training o pportunity . He stated that an estimated
conservative figure was 10.5 acres.
Public Works Director Jim Oakley stated t hat City personnel holding
Comme r cia l Drivers Li censes could b e nefit from the proposed classrooms
for safety classes and the driving pad for pre-employment testing .
Mayor Swaim clarified the need to have all input considered fo r Mr.
Rahman report. He added that without being ab l e to sell t he land it
limits the economic development regarding leas e of the property.
Alderman Fletcher asked that signs be placed before the meeting on the
29t h of May.
Alderman Wilson asked that t h e LRAFB be consulted regarding any
considerations for a training facility, which might compliment some of
their activities.
Mayor Swaim agreed with the suggestion, pointing out that often
Jacksonville coordinates with the Base t o conduct certain training
activities . He stated that the Fire Department conducts at least two
training sessions annually with LRAFB. He added that if a j oint training
facility becomes one o f the uses for the property and is shared with the
Base the project may qualify f or Homeland Security f unds.
Mr. Mizan Rahman encouraged input during the public hearing process and
reminded everyone to submit a comment sheet ava ilable at the entrance to
City Council Chamber.
With no further comments from the aud ience , Mayor Swaim closed the public
hearing at approximately 7:30p.m.
5
OOOZ~O
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 17, 2003
7 :00 P.M. -7:44 P .M.
FIRE DEPARTMENT: Request to Accept Bid / Self Contained Breathing
Apparatus
Mayor Swaim relat ed that the City received a grant to partially fund the
request.
Battalion Chief Snyder stated that the FEMA grant
thousand dollars with a required 10% match,
contribut i on $29,948.00. He pointed out that the
the annual budget.
was slightly over 33
making the Federal
i tem was budgeted in
I n response to a quest i on from Alderman Ell i ott , Battalion Chief Snyder
stated that he was comfortable with the low bidder . He clarified that
specific brands a nd models were bid to be compatible with exiting
equipment.
Mayor Swaim cla ri fied that the bid is a result to standardize the
breathing apparatus equipment regarding Federal regulations . He
mentioned new requirements for a visual disp l ay to alert a firef i ghter
regarding equipment status .
Battalion Chief Snyder stated that NFPA upda te s the standards
approx imately every five years . He related that the new standards were
adopted last year and the purchase would completely outfi t four engine
comp anies to standard. He stated that another trend i s moving towar d the
use of higher-pressure bottles, which he noted is the least expen sive
portion of the project .
Mayor Swaim noted that the project was scaled down to fit the budgeted
amount, noting that expenditure of approximately $46,205 .04 would
purchase sixteen new u nit s . He noted that the Fire Department budgeted
$9,482 .00.
Battalion Chief Snyder stated that the Department h as applied for an
additiona l $78 ,000 FEMA Grant with a 10% match to add to the project .
Mayor Swaim noted that the distributor is willin g to guarantee price for
a lesser numbe r of units.
Alderman Fletcher moved, seconded by Alderman Wilson to approve the l ou
bid from Metropolitan Fire Ex tinguisher in the amount of $46,205 .04
i ncluding a 10 % City match and a budgeted expenditure of $3448 .04 plus
t axes. MOTION CARRIED .
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
6
OOO ~Di.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 17 , 2003
7 :00 P.M . -7:44 P .M.
STREET DEPARTMENT: 2003 Overlay Project List
Mayor Swaim presented the l ist ga thered by Eng i neer ing and Publ ic Works
f or the 2003 Overlay Project . It was noted the project list would cover
one -year .
Mayor Swaim noted that the b u dget amount of $240 ,000 to $250 ,000 is the
average annual budget for overlay pro j ects . He stated that comparative ly
the City o f Jacksonville over l ays a cons i stent number of streets
annuall y . He stated that str ee t potholes are a ddres s ed separate l y from
the overlay proj ect.
I n r espons e to a question posed by Alderman Wilson , City Engineer Whisker
stated that to his understanding the alley from Main to Mulberry Street
has historically been maintained by the City .
Discussion ensued as to who may have origina l ly paved the alley as a
pl a tted alley. Ci ty Engineer Wh is ke r stated that accordi ng t o his p lat
maps the alley is a dedicated al l ey t hrough the p a rcel .
Alderman Sm ith noted needed repairs r ega rding the James Street Bridge;
City Engineer Whisker stated that he had submitted a list to the Highway
Departmen t . He stated that the bridge was the number o n e priority on
t h eir overlay list i n Jacksonvil l e , saying that they would mill and
overlay both sides o f the b r i dge , along wi th Vandenburg under the br idge
and between Marshall Road and John Harden .
PARKS & RECREATION:
PLANNING COMMISSION:
APPOINTMENT(S):
ANNOUNCEMENT (S) : Mayor Swaim n oted that the ceremony to o pen the
ra ilroad overpass was held at 9 :30 a .m. today , adding t h at he has
monitored the traffic flow. He stated that overa l l he is very p leased
with the overpass, adding that is wil l be a great asset fo r t he
Community.
Di rector o f Administration Mu rice Green n o ted that the Transpor tation
Advisory Council fea tured photog r aphs of the overpass at their meet i ng
ear lier i n the day .
Discussion ensued regardin g oth er transportation projects considered f or
Jack s onvi l l e and Mayor Swaim s t ated that funds come f r o m the Metropolitan
Planning fu nds, adding that a smal l percentage i s set aside each year to
go toward rail grade separ ations . He stated that Jacksonvi lle graded the
top two b ut i t would have been hard t o claim the first fif te en years of
the f unding , po inting out that Cabot will be the next project for
Metroplan funds . He stated that the making Gr aham int o a fou r-la n e road
h as been requested, adding that there are engineering funds to begin that
project .
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
APRIL 17, 2003
7 :00 P .M. -7:44 P.M .
City Engineer Whisker stated that Graham Road would be the next project
regarding the proposal to four-lane the road from Oak Street to Loop
Road. He state d that the proposal is currently at the Highway
Department, adding that the City has funds to perform engineering and
right -of -way utilities.
Mayor Swa im stated that the Graham Road project was not on the TIP
prog ram this year because of a l ack of funds, adding that it i s in the
process and may take a while depending on how the T-21 Transportati ons
Bill fairs .
In response to a question posed by Alderman Wilson, Mayor Swaim stated
that the City 's funding share of the railroad overpass was approximately
one million dollars. He added that a large change i n the funding share
was a resu l t of higher rights -of-way costs, which went from approximately
$380 ,000 to final costs of $80 0,000 plus.
Alderman Wilson noted that through outstanding money management by Mayor
Swaim, Finance Director Mushrush and the City Council as a whole ; the
City h as n ot had to borrow money or raise taxes to take advantage of the
o pportunity to construct the overpass . He noted that the overpass has
been an item of discussion since 1 928 . He then added that City Engineer
Whiske r is to be corrunended regarding how well he worked with the
contractors and the Highway Department through the project.
Mayor Swaim noted that the proposal wa s presented twi ce before i t was
approved for funding, adding that Director of Administration Murice Green
was very instrumental in making the final presentation t o have thE!
project moved ahead of other considerations.
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximate1y 7 :441
p.m.
Respectful l y ,
MAYOR TOMMY SWAIM
8
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)
6. WATER DEPARTMENT:
May 1, 2003 7 :00 P.M.
Regular City Council Meeting
April17, 2003
Regular City Council Meeting
April 3 , 2003 and Joint City Council
And Planning Commission Meeting
March 3, 2003 .
Regular Monthly ReporUMarch
Public Works Director Jim Oakley
7 . WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9 . POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
0002 D3
12. PARKS & REC DEPT: Request to Accept Bid: Playground
Equipment/Stonewall Park (Mayor Swaim)
13. PLANNING COMMISSION:
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
UPDATE: Landscape Ordinance
Committee (Alderman Stroud)
UPDATE : Sign Ordinance Committee and
A&P Commission : (Alderman Smith)
DISCUSSION: City Taxi-Cab Service .
(Mayor Swaim)
HOUSING AUTHORITY APPOINTMENT
Patricia A . Green to serve a term to
expire March 17 , 2008
PARK & RECREATION APPOINTMENT
Bobby Castile to serve a term to
expire May 9, 2007
Annual Municipal League Conference
June 18 thru 20 2003
-------
ooo~~n4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7 :00 P .M. -7 :40 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t h e City of Jacksonville, Arka n sas met i n Reg u lar
Session on May 1 , 2003 at the r egular meet ing place o f t he Council .
Alde rma n Smith delivered the i nvocation and Mayor Swaim led a standi ng
audience i n t he "Pledge of Al legiance" to the f l ag .
ROLL CALL: Aldermen: El l i ott , Sm ith, Sansing , Ray , Wilson, Flet cher , Stroud
Twitty , and Howard answered roll call . Mayo r Swaim a l so answered ROLL CA LL
dec l aring a quorum. PRESEN T nine ( 9), ABSENT ( 1) . Alderman Lew i s was
absent .
Other s present for the meet ing were: City Attorney Bobby Bamburg , Deputy
Cl er k Hea t her Palermi t i, Di rector o f Administrat ion Murice Green , Human
Resource Director Char li e Brown , Finance Di rect or Paul Mushru s h , City
Eng i n eer Jay Whis k e r, Public Works Director Jimmy Oa k ley, CDBG Director
Theresa Watson, Pa r ks and Rec r eat i o n Director Geo r ge Bi ggs , Police Chief
Rut h ven , Fire Chief Vanderhoof, Mrs . Helen Stroud , Mrs. Judy Swaim, Mr .
Larry Smith , interested citizens a n d memb e rs o f the press .
PRESENTATION OF MINUTES :
Mayor Swa i m presented the minutes of the Regular City Counci l meeting o::
Apri l 17 , 2003 for approval and/or correction at the next Regularl y
Scheduled City Coun cil Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Sansing that the minutes of
the Regular City Council Meeting of 3 Apri l 2003 and the minutes of the
Joint City Council and Planning Commission meeting of 3 March 2003 be
APPROVED . MOTION CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, sec onded by Alderman Wilson to approve the Regular
Monthly Report for March 2 0 03 . Said report reflect s :
ADOPTION/FINES : $605.00
CONTRIBUTIONS : $ 0 .00
TOTAL: $605 .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:
SANITATION DEPARTMENT :
STREET DEPARTMENT :
1
ooo ~ns
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P .M. -7:40 P.M.
PARKS & RECREATION: Request to Accept Playground Equipment/Stonewall Park
Parks and Recreat i on Director George Biggs related t hat the Playground
Equipment is a budgete d item . He stat ed that the old equ ipment has been
removed from the p ark and is being rep laced with a play system for ages 5
to 1 2. He added that ADA , CPSC , ASTM requireme nt s have been met, and
responded that the unit size is 25 X 29 X 11. He stated that his
r ecommen dation would be f or P acheco Outdo or Equipment.
Alderman Elliott moved, seconded by Alderman Smith to accept the low bid
from Pacheco Outdoor Equipment in the amount of $14,545 .20 with funds to
be drawn from Budgeted Equipment Items. MOTION CARRIED.
I n response to a question from Al derman Wi l son , Parks and Rec r eation
Di rec t or Geor ge Bi ggs responded that i nstallation wou l d take a few weeks.
PLANNING COMMISSION:
GENERAL: UPDATE: Landscaping Ordinance Committee
Alderman Stroud reviewed that the Plann ing Commission has requested a
landscap i ng stan dard regarding deve l o p ment in the Ci ty , adding that there
had been a l arge amount of discuss i on in the Joint Meeting , wh ich most l y
centered on requi rements for resident ia l const ruc tion . He s ta t ed that
fo l low i ng the J oint meeting; City Engine er Whisker conducted a survey
with the Pl a n ning Comm i ssion and City Coun cil members. He re l ated that
tha t the survey revealed that most responses we re in favor of a
lan dscaping ordin ance , adding that there were a considerabl e number of
membe r s o n the Planning Commission that wanted a reinst i tut i on of
r esidential landscapi ng r equirements. He stated t h at Pl a n ning Commiss i o n
h as r eturned the project to t h e Landscaping Ordinance Committee and t hat
Mr. Tommy Bond has proposed a percentage sl i d i ng scale based o n
construction costs , wh ich wil l be presented to the committee a t t h e next
schedu led meeting. He concluding saying that the committee and Planning
Commiss i on should have a formal recommendat ion for the Ci ty Counci l very
soon.
In respon se to a question posed by Alderman Wi l son , Alderman Stroud
related that the percentage scale has not been decided if it wou l d
i ncluded both residen tia l and comme r cial . He added that specifically it
was d i scussed that l ighter requirement s would be cons i dered for
residenti al.
In respon se t o a question posed by Mayor Swa i m, Alderman F letche r stated
that VA loans do not have req uirements regarding landscaping.
UPDATE: Advertising and Promotions Commission
Alderman Smi t h stated that t h e newly formed A&P Commission conducted i ts
organizational meetin g and i s now planning to meet May 1 9th to review t ax
I.D . filing status and d i scuss the philosophy regarding fund al l ocations
a n d types o f act i vit i es the Board wou l d want to support . He stat ed that
the Comm i ssion is still in the organizationa l mode .
2
000~36
UPDATE : Sign Ordin ance Comm i ttee
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
MAY 1, 2003
7:0 0 P .M. - 7 :40 P .M.
Alderman Smith rel ated tha t meetings for the Committee have been quite
lengthy , mentioning that t he Committee has formed r ecommendati o ns
regarding stiffer f ines for sign s in rights-of -way , adding that fir st a
wa r ning l e tter o r call to the owner is made offering an o pportun ity to
remov e the sign before a citation i s issued. He related issues regarding
converting portable signs into permanent signs, s aying that a
recommendat ion that as a minimum conve rted portable signs mu s t be pole
mounted and framed in a professional manner to be approved by t he City
Engineer. He stat ed that political residential signs were recommended to
be no l arger t han 2 4" X 25" and 4 ' X 8' fo r commercial and industria l
areas. He stated that a sign permit would be issued r emoving the
ve r biage regarding a sign decal. He related that banners and directional
signage were discussed at great leng th , mentioning Committee concerns
regarding t he s ize s , manner of di spla y, and maintenance . He s tated that
there were no fo rmal recommendat ions regarding banners and t h at future
discussion would continue with considerations for informational signs. He
a dded that t he Committee would address regu l at ions regarding po le signs
for shopping centers .
I n r esponse to a question posed by Alderman F l etcher r egarding sma l l yard
s igns used by churches, Mayo r Swa im stated t h a t the l a rgest concern
regarding advertisement for churches is that many of the sign s a r e pl aced
in rights-of-way. Mayor Swaim noted that the restriction regarding the
number of times annually an organizat i o n is allowed to adve rt ise. He
s tat ed t hat t h e Sign Comm i tte e wou ld address issues regarding t h ose
signs .
Alde r man Fletcher offered that banners cou ld be commissioned from one
comp a n y to provide more conformity of s ignage .
Alderman Smith noted Committee concerns regarding banners cent ered mainly
on mainten ance i ssues.
Mayor Swa im no ted that banners are ban from being hung across a City
s t reet , adding that the City set u p an area for banner disp lay at the e ncl
o f t h e F ire Stone bu i lding on Mai n Stree t.
Alderman Smi th noted that some Cities have ban banners.
DISCUSSION : Ci ty Taxi cab S ervice
Mayor Swa im noted t hat the City has struggled to have an adequate taxi
se r vice for residents . He related t hat he has rece i ved complaints
r egarding the present t ax i service in the City. He stated t h at he felt:
str o nge r r egulat ions fo r taxi service is necessa r y to ensure b e t ter
service for the citize n s . He po inted out that t h e re has been dissension
among the t hree taxi services presently operating in the Ci ty , addin9
that unless the companies can come together and p r ovide adequate service
for the citizens , t he City may have to reconsider granting taxi -service
f ranchises . He stated that t h ere might not be a demand for as many as
three services .
3
--
ooo ;:n?
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7 :00 P.M. -7:40 P .M.
It was the consensus to have City Attorn ey Bamburg review the current
ordi n ance and make r ecommendation at the next regularly scheduled Ci ty
Counci l me e ting .
Mayor Swaim noted tha t the l arg est user of the tax i -se rv i ce i s the
elde r ly , adding that some type o f service is nee d ed .
APPOINTMENT (S) :
HOUSING AUTHORITY APPOINTMENT
Alderman Smith moved, seconded by Alderman Sansing to approve the
appointment of Mrs . Pat Green to the Housing Authority Board for a term
to expire 03/17/2007 . MOTION CARRIED.
PARK AND RECREATION COMMISSION APPOINTMENT
Alderman Stroud moved, seconded by Alderman Howard to approve the
appointment of Mr . Bobby Castile to the Parks and Recreation Commission
for a term to expire 05/09/2007 . MOTION CARRIED.
Chief Ruthven addressed the City Council explaining informa tion provided
t o each workstation, he noted t he Jacksonvi lle Police Depart ment has been
a warded a Federal in Schools Policing Grant for a total of $229,000 t o
allow for the hiring of two additi onal po l ice officers for school
resou rce purposes. He stated that the grant is t hree years of funding
whi ch the City will match in the f our year. He stated that experienced
officers would be used in the schools and new officers wo u ld be hired t o
join the Department . He related t hat incl uded is a bull etin from the CJI
(Crimina l Justice Institute) f eaturing a positive article regarding the
Poli c e Department 's Community Orientated Policing programs. He stated
that he h as also provided a copy of hi s certificate from Ar kansas
Commiss i on on Law Enforcement Standards and Training certifyi ng him as a
Law Enfo rcement Officer.
Mayo r Swaim noted that the Chief Ruth ven has more than adequate proper
training but lacked h i s certi fication .
Alde r man Wi ls on suggested that the Mu nici pal League be contacted
r egar ding a n y taxicab research they may have conducted for o ther c ities .
Alderman Smith commented on a l etter provided that complimented the
staff , saying that it is r e fre shing to have a pos itive written expression
of appreciation f rom local developers o f a new church.
Mayo r Swaim stated that t he pastor of Grace Baptist Church related that
the staff was very instrumental during the construction stage.
He then re ferred to a letter p rovi ded by Union Pacific Railroad , which he
noted confirms the Rai lroad's commitment to have the Graham Road c r ossing
closed at the completion of the Main Stre e t Overpass. He related that
the Metrop lan Organiza tion clearly stated that if the Ra ilroad had not
required the closing regardi ng the funding mechanism then Metroplan would
have had to r equire the clos i ng .
4
ooozns
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7 :00 P .M. -7:40 P.M .
He stated that the closing is an issue of commitment made by the City as
requested. He stated that there have been calls from citizens and that
he had explained the circumstance to he l p the public better understand
the City 's position. He stated that it is his policy to live up to the
commitment the City entered into . He stated that he has been
disappointed regarding some articles that have appeared in the media,
which depict that he has n ot been forthright regarding the c ircumstance
surrounding the request to close the crossing. He stated that such
statements are false, adding that he has been forthright and t ruthful
which can be verified . He stated that the closing is a safety issue.
Alderman Sans i n g stated that he and many citi zens are not happy with the
closing , adding that it is an inconvenience . He stated that he is aware
of the agreement, saying that he personally feels the agreement was made
under duress due to the Railroad stal ling progress regarding t h e
Overpass. He then stated that the Railroad is refus i ng to acknowledge
the agreement in writing . He stated that it le aves h i m wonder i ng about
the va l idity of t he agreement.
Mayor Swaim stated that he made a commi t ment with the Railroad , saying
that his statement is his bond and has never lied to any Council member
or constituent . He stated that the agreement was made t o faci litate the
building of the Overpass, saying that the agreement was to totally remove
the crossing or at the least block the crossing. He stated that the
Council c ould renegotiate with the Railroad, but that he is not willing·
to go back on h i s word.
Alderman Ray related that he has informed con stituents that he has spoken
to that the Overpass was built to protect citizens and the Graham Road
closing was closed regarding safety issues. He stated that t h ere had
been some misinformation and it was believed that the City was going to
close Trickey Lane . He stated that the Overpass is not a huge
inconveni ence, p ointing o u t that it takes appr oximat ely t h ree minutes to
travel through the Overpass . He stated that it i s his hope regardi ng
safety factors that the Gra ham Road Crossing will remain closed.
Al de r ma n Smith stated that he had view thr ee car s crossing the Loop Road
Railroad Crossing when t h e arms b l ocking traffi c were down . He stated
obvious safety concerns and related that he can understand the closing of
the Graham Road Crossing.
Alderman Fletcher reminded everyone that the Main Street Ra ilroad
Crossing was a safety iss u e as mu ch as twenty-nine years ago when he
became a Council member. He stated his surpr ise that the issue h as been
tainted rather than being a positive aspect for the Community . He
reminded everyone that the Overpass is a major contribut ion to thE~
Commun i ty and the p os itive effects for economic development that the
Overpass and the wideni ng of Graham can bring to the Community .
5
ooo :~n9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M . - 7 :40 P.M .
Alderman Wilson stated that the City has e xpe nde d a large s um to open the
east side of town safely , adding that if everyone would resolve t o allow
the Council time to widen Graham Road and provide better access , in time
it will be viewed as a positive move f or the Community . He stated that
whi le it may be a slight traveling inconvenien ce , e veryone should focus
on the tragi c death and the derailment a t the Graham Road c rossing in the
70 's and the accident at the Ma i n Street Cros sing involving the deaths of
four young people. He s t a t ed t hat the fi v e million dol l ars was e xpen ded
to ensure the sa fety of motorist tr avel ing over the Ra ilroad.
Alderman Sansing a greed that the o pening of the Overpass has been a
positive for t he Community, adding that there is a l arge number of people
who cons i der the ms elves disenfranchised by the Graham Road cross closing.
He related that he h ad received a large number of phone cal l s f rom s uch
ci t izen s and t hat residents l i ving in Ward 2 wanted the Counci l to be
aware of the ir fee lings. He stated t hat he agre es with t he cons t i tue nts
that the crossing s hould n ot be c l os ed.
Mayor Swaim stated that h e has liste ne d and responded to every c all h e
received , but clarified that the statement that citizens are be ing
disenfranchised i s n ot correct . He related tha t the citizens demanded
the Overpas s for many years . He noted that in the p as t there have been
s everal attempts t o move t he proje c t forwa rd , however t here was n ot
enough money . He stated that f or anyone to fee l disenfranchised is the
opposi te of the intent of the Overpass , which is o p en up the south and
east s i de of town . He stated that the Ra ilroad track is no longer a
ba r rier, and cannot be conside r e d a sepa rating de v i ce in the Commu n ity .
He s tated that the f act t hat the Graham Road cross ing was going to be
c l osed wa s d i scussed at severa l publ ic hearings held during the process.
He said now that the City has made a commitment and moved on with that
commitment the re a re some res idents who are unhappy , adding that he
acknowledges their concerns , ha s listened and unde rs tands . He stated
tha t wh ile it seems to be unpopular , safety for the c i t izens is the first
concern a n d is the ma i n reason t h e Ci ty rece ived funding fo r t he p r oject .
He re iterated that i t opens up a portion of the Community t o the rest of
the town and that safety is the bas i s tha t has been worked for many years
to see the project to fruition. He stated that al l citizens have a right
and obligation to make their feelings kno wn, but a dded that safety is the
main is sue .
Al de r man Stroud stated that while he h as mixe d emotions , his sympathy is
more f or the business owners in the area than for t h e residents that may
exper i ence a smal l amount of travel i nconvenience . He noted t hat the
Leader Ne wspape r h as exp erienced some prob l ems having delivery from large
trucks , adding that the City can address issues to elevate that problem .
He stated that mos t of t he citizens he h as received ca l ls from have
e xpre ss e d that they f ee l inconveni ence d , but stated tha t he was glad to
have the Overpass a nd fe e ls tha t it is a great asset to the City .
6
000 ~~ .. 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P .M. -7 :40 P .M.
Mayor Swaim stated that provision are being made to correct any problems,
saying that the Public Works Department is lookin g at solution s to
accommodate t h e t urning radius problem . He added that the problem wou l d
be resolved. He noted that there are three businesses i n the area, but
that most of the customer base is located on the east side of the
Ov e rpass regardin g any visibility change.
Alderman E l liott stated that it was his understanding from the i nitial
mee t ings that the Railroad wanted the Graham Road Crossing closed. He
stated tha t no one eve r voiced opposition in the publ ic ·hearings.
Alderman Twitty stated t h at while she has received some comp l aints , she
has received more positive comments. She related that many cit izens
u nderstand that the crossing is not n ecessary with the Overpass, n oting
that the crossing is dangerous . She stated that she felt people would
become accustom to the change. She stated her support of the crossing
being closed.
Alderman Howard noted that he grew up in the Sunnyside area and that the
Overpass has been a topic of discussion since the 40 's. He stated that
he is pleased to have the Overpass and believes that the majority of the
residents on the eas t side are glad to have the Overpass , adding that for
safety reasons he feels is necessary to close the crossing .
Mayor Swaim noted that he has traveled the Overpass and with o u t speeding
has been able t o move fro m Grah am Road to North First Street in 1 minute
and 20 seconds. He then noted other traffic areas near Vandenburg, whict.
are much more cumbersome.
Al derman Sansing questions any p l ans for a l eft turn signal at the l ight.
on North First.
Mayor Swaim responded that at this t ime there are no plans , adding that
there has been discuss i on rega r ding revision of the area but plans have
not been submitted to the Highway Department . He not ed that any plan~;
would have to be approved by the State Highway Department. He stated
that unless traff i c were to become a backup issue at Second Street there
wo u ld be no justi fication.
Alderman Twitty not e d hazardous traffic conditions regarding cars makin9
improper r ight turns onto the access road from the James S t reet Bridge ..
She suggested that the side of t he road be b l ocked from cars being able
to maneuve r an improper turn.
Mayor Swaim respon ded that the City has pet itioned t he Highway Department
to rework both the intersections regarding mi l lin g , adding t h at an
a dditional lane for the b ri dge was requested in the past but has been
refused .
Alderman Ray noted that Channel 11 aired a positive report regarding the
Vertac Property Redevelopment project .
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 1, 2003
7:00 P.M. -7 :40 P .M.
ANNOUNCEMENT (S): Annual Municipal League Conference June 18th to 20th 2003
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7:40
p .m.
Re spectfu lly ,
Susan L. Da vit
Ci t y Cl e r k -T
8
0 00?: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:
(Animal Control)
(Engineering)
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
May 15, 2003 7:00 P.M .
Regular City Council Meeting
May 1, 2003
Regular City Council Meeting
April 17, 2003
Regular Monthly Report/April
Public Works Director Jim Oakley
Regular Monthly Report/April
City Engineer Whisker
Regular Monthly Report/April
Chief Wayne Ruthven
Regular Monthly Report/April
Chief John Vanderhoof
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 : 2003 Asphalt
Overlay (Mayor Swa i m)
ORDINANCE 1197 (#5-03) Waiving
Competitive Bidding/Pool Area Air
System (Mayor Swaim)
Request to Accept Bid: Redmond Road
Sidewalk Improvements (Mayor Swaim)
b. Taxi-Service Recommendations from
City Attorney Bamburg (Mayor Swaim)
--
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15, 2003
7:00 P .M. -7 :36 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonvi lle , Arkansas met i n Regu l ar
Session on May 15, 2003 at the regu l ar meeting place of the Council .
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audi ence i n the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen: El l iott, Smith , San sing , Ray , Stroud, Twitty, and
Howard answered roll call. Mayor Swaim also answered RO LL CALL declaring a
quorum. PRESENT seven (7), ABSEN T (3). Alderman Le wis , Wilson and Fletcher
were absent.
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administ r at i on Murice Gr een , Hu man
Resource Director Charlie Brown, Finance Director Paul Mushrush , Ci ty
Engineer Jay Whisker, Public Works Di rect or Jimmy Oakl ey , CDBG Direct or
Theresa Watson, Park s and Recreation Di rector George Biggs, Police Chief
Ruthven, Fire Chief Vanderhoof, Finance Nikki Wilmo th , Mrs . Judy Swa i m,
Mr . Tommy Bond , Mr . Larry Smith , interested citi z ens and members of the
press .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regu l ar City Counc il meeting of
May 1 , 2003 for approva l and/or correction at the next Regularl 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 17 April 2003 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Smith moved , seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for April 2003. Said report reflects :
ADOPTION/FINES:
CONTRIBUTIONS :
TOTAL :
REGULAR MONTHLY REPORT/ENGINEERING
$841 .00
$ 0.00
$841 .00
Alderman Smith moved, seconded by Alderman Ray to approve the Regular
Monthly Engineering Report for April 2003 . Said report reflects :
PERMITS/LICENSE ISSUED
Buildi ng Permits
Business License
27
29
1
INSPECTIONS PREFORMED
Building Inspect i ons
HVACR
Electrical
Plumbing
77
50
79
81
00071.4
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
15 7
0
91
0
Cost fo r April $ . 00
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15 , 2003
7:00 P .M. -7:36 P .M.
VEHICLES
Notice of Noncompliance 40
Towed 2
CONDEMNATIONS
Structural Maint. Letters 0
Structural Repa irs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Smith moved, seconded by Alderman Ray to approve the Regular
Monthly Report for April 2003 . Said report reflects the Total Value of
Reported Stolen Property $57,742 . Total Value of Recov ered Stolen Property
$22 ,600 and Total Repor t Sales $454 .00 .
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Smith moved , seconded by Alderman Ray t o approve the Regular
Monthly Report for April 2003 from the Jacksonville Fire Department, which.
reflects a fire loss of $190,500 and a savings total of $379 ,500.
SANITATION DEPARTMENT
GARBAGE TRASH
Tons taken to Landfill
Tipping fees for April
688 Cubic Yar ds Co llected 3,100
$ 11,160 .00 Cubic Yards Mulched 1,555
65 Bulk tons to Landfill
Tipping fees for April $ 2,810.00
RECYCLING
Curbside pick-ups
Drive -thru Customers
Tires Col l ected
Estimated Revenue
Paper, Plastic, Aluminum
ROAD AND DRAINAGE
Asphalt Shims
Storm Drain Inlets c leaned
Storm Drain Culve rts cleaned
Open ditches cleaned
Potholes repaired
Utili t y cuts repai red
Shoulder repair
R-0-W cleaned/street sweeper
Culvert Installed
Drain Inlet Boxes repaired
Curb & Gutter replaced
Sidewalk repaired
Asphalt Milling
Base Failure Repair
$
3,545
442
1 ,844
4,798.14
STREET DEPARTMENT
11
15
150 ft
1 ,50 ft
13
3
1 mile
250 miles
76 ft
3
None
23 ft
None
1 site
2
BEAUTIFICATION
Bags/Litter 106
Is l ands mowed 40
Yards mowed 44
R-0-W mowed 2 mi
Community Servi c e Hours
12 people-288 hrs .
City lots mowed 8
SIGN & SIGNAL
Signs Fabricated 86
Signs Installed 50
Pavement Markers 10
Signal Maint . 30.5 hrs
Misc. 27.5 hrs
0007J .. S
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15, 2003
7 :00 P.M. -7:36 P.M.
Alderman Stroud commented that the City is making progress regarding c l ean-
up , noting some a r eas on Redmond Road that still require some attention . He
related the City procedure for placing a lien on p roperty that has been
mo we d or cleaned and requested the status of those liens .
City Attorney Bamburg re l ated that State statute al l ows the City to file a
l ien to be collected when property taxes are collected, adding that the
County Assessors Officer has asked the c i ties in Pulaski to p rovide a
uniform filing sys t e m. He stated that Jackson ville is in the p ro cess of
being linked with North Little Rock and Sherwood. He stated that o nce the
liens are f iled they will be collecte d and returned to the cities.
ROLL CALL: Aldermen : Elliott, Smith, Sansing, Ray, Stroud, Twitty, and
Howard voted AYE. MOTION CARRIED .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT: Request to Accept Bid 2003 Asphalt Overlay
Mayor Swaim related that there was good bid partici pati on . He added that
Freshour Con structi on contacted him and r elated that they were not able
t o submit an overlay bid beca use of extensive contracts r egarding the I -
40 repai r s .
City Engineer Whisker stated that he f e l t the l ow bid was a good bid,
n oting that typically overlay is est imated at $40.00 per ton , and the l ow
bid came in at $38 .3 8 per ton .
Alderman Elliott moved, seconded by Alderman Ray to approve the low bid
from Cranford Construction in the amount of $247,690.45 with funds to be
drawn from Budgeted Street Funds. MOTION CARRIED.
PARKS & RECREATION : ORDINANCE 1197 (#5-03)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE EXPANSIONS AND REFURBISHMENT OF THE JACKSONVILLE
COMMUNITY CENTER'S AIR HANDELING UNIT (POOL AREA); DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSE.
Mayor Swaim related that t he pool area at t he Community Center has had
condensat i on problems for some time , adding that the City hired an
e n gi ne erin g firm to evalua t e and provide recommendation . He stated that
prompt repairs are necessary because of the oncoming summer season .
Alderman Smith moved, seconded b y Alderman Sansing that Ordinance 11 97 be
placed o n FIRST READING. ROLL CALL: Al derman Elliott, Smith, San s ing ,
Ray , Stroud , Twitty , and Howard voted AYE. NAY (0). MOTION CARRIED.
Whereupon City Atto rney Bamburg r ead the h eading of Ordinance 1197 .
3
0 ,....,6 00 .. :il..
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15 , 2003
7 :00 P .M. -7:36 P.M .
It was noted t h a t the recommendation is fo r an HVAC System from Trane
Arkan sas I nc in t h e amount of $12 ,5 1 3 .00 .
Alderman Stroud moved, s e conded by Alde r man Ray that Ordinance 1197 be
APPROVED on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Sans i n g,
Ray , S troud , Twitty , and Howard vo te d AYE. NAY (0). MOTION CARRIED.
Alderman Stroud moved, seconded by Alderman Ray t hat Ordinance 1197 be
placed on SECOND READING . ROLL CALL: Alderman Elliott , Smith , Sansing,
Ray , Stroud , Twi tty, and Howard voted AYE . NAY ( 0) . MOTION CARRIED.
Whereup o n City Attorney Bamburg read the h ead ing of Ordi nance 1 1 97 .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1 197 be
placed on THIRD and F I NAL READING . ROLL CALL: Alderman Elliott, Smith,
Sansing, Ray , Stroud, Twitty, and Howard voted AYE . NAY (0). MOTION.
CARRIED . Whereu pon City Attorney Bamburg r ead the heading of Ordinance
119 7.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1 197 be
APPROVED AND ADOPTED . ROLL CALL : Al derman Ell i ott, Smith, Sansing, Ray,
Stroud, Twitty , a n d Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Elliot moved, seconded by Alderman Ray that the EMERGENCY CLAUSE:
be APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smi t h, Sansing,
Ray, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1197 THIS 15TH DAY OF MAY 2003.
PLANNING COMMISSION:
GENERAL: a . Request to Accept Bid : Redmond Road Sidewal.k improvement::;
Mayor Swaim re lated that t he Ci ty h as received a g r ant for sidewalk
improvements from James S t reet to Park St reet. He stated that Bond
Enginee r ing prepared t he bid. He t hen responded that the City's portion
would be approx imately $1 00 ,000.
In response t o a question p osed b y Alderman El liott, Mr. Bo nd stated that
the two schedule s reflect one with Highway Department participation and
one without. He stated that the Highway Department requested the bid
consist of two schedules because of State guidelines. He t hen related
tha t three bids were disqualified because of a Federa l High way
require ment that a ll bids mu st be s i gned by the contract or that the r e h as
not been any col l usion regarding the bid . He noted tha t t here were six
b i dders , adding that not signing the collusion statement is automatic
disqual i fication . Mr. Bond stated that Mc .V, Inc . is the lowest
respons i ve bidde r.
Alderman Stroud moved, seconded by Alderman Ray to approve the low bid
from MeV , Inc. in the amount of $329,882 .00 with City match funds to b1~
drawn from the Street Department Funds and Capital Improvements and th1~
balance to be Highway grant funds.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15, 2003
7:00 P.M. - 7 :3 6 P .M.
Mr. Bond no ted that a large percentage cos t of the project is storm
drainage , explaining that the sidewalk will be the top portion of a box
culvert i nstalled.
At this time, MOTION CARRIED.
Mayor Swaim stated that he had spoken with Alderman Lewis earlier wh o
expected to attend City Council . He then related that Alderman Lewis is
recove ring and doing well .
b. Taxi-Service Recommendations from City Attorney Bamburg
City At torney Bamburg stated that he had reviewed the State Statutes and
obtained copies of taxi ordinances from surrounding cities . He stated
that Arkansas State Statutes grants cities the power and authority to
regulate and control by ordinance thos e businesses that operate veh i c l es
f or h ire. He stated that this includes not only taxi -service but also
limousines and private {bus/van) transportation. He stated that the
authority ranges from set ting up approval or disapproval o f having a
transportation system, to determining and regulating the rates that a re
charged. He added that it includes both the numbers of parties al l o wed a
privilege license, as well as how those parties are regulated regarding
qualification . He related that State code mandates that any violators of
.-the provisions establ ished can be f ined at the rate of no l ess than
Twenty-five {$25.00) and no more than fifty dollars ($50.00) per offense.
He pointed out that surrounding cities have fairly unformed systems that
determine this is a privilege and i s regulated to require liability
insurance, sworn applications in accordance with State Law , and permanent
facilities for the business. He stated that however they differ in the
nature , the City has the authority a s to how much is charged for a permit
and what type of permit fees are assessed, as well as the manner in which
they are assessed and the number of permits issu ed. He related that some
c i ties charge o n a lengthy period, some charge on a nnual basis, adding
that cities have differing r egulati o ns o n the standards that are set for
not only the companies but also the vehicles as we ll as the o perators and
what license the parties must have.
He stated that in the circumstance of the Ci t y of Jacksonville Ordinance
pa ss ed in 1954 there are sti ll provisions that are applicable and easily
enforce d. He added t hat it would be prudent to update the o rdinance to
bring it mor e in line with current uses that are available. He stated
that from his review it would n o t be a difficult matter to update , adding
that he h ad found an ordi nance that would provide enough regulations for
the parties to understand what is expected of them and provides enough
information for Code Enforcement Officers t o handle violations. He
offered to draft an ordinance wi th provi sions from the City Council ,
adding that there should be a public me eting or a period for publi c
comment regarding the rate structure as impos ed by State Law . He related
that notices would be sen t to those businesses that would be affected by
the r ate structure regulations.
5
0 "~·18 00 .\",..A
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15 , 2003
7 :00 P .M. - 7 :36 P.M .
He stated that as to the immediate problems regarding unsatisfactory
service, his understanding is that comp l aints have been discussed with
the Mayor. He offered that any further complaints should be brought to
the attention of the companies detailing what corrections the City
expects within a given time period.
Alderman Ray stated that the ordinance needs to be updated and suggested
that City Attorney Bamburg return with a draft ordinance for the Council
to cons i der.
It was the consensus of the City Council for City Attorney Bamburg to
draft and return to Council an Ordinance update regarding Taxi -Service
for the City of Jacksonville .
In response to a question from Alde r man Stroud , City Attorney Bamburg
answered that the surrounding ci t ies limit the number of services
available to their c ities. He went on to say that Sherwood in particul ar
does not have any applicable regulations, addi ng that North L i ttle Rock,
Little Rock, Conway and Hot Springs do limit the number allowed to
operate based on the need of the Community .
INSURANCE RATE INCREASE
Mayor Swai m noted that the information p r ovided to each wor k station
involves an insurance rate increase that is based on the health insurance
evaluation conducted bi-annually through the health insurance carrier.
He stated that t he incr ease is effective as of J u ne 2003, adding that it.
is not a budgeted item and will need to be addressed. He went on to say
that if the City absorbs the increase it would be $48,480 .00 for the
remainder of 2003. He stated that the completed a n a l ysis determined that
the increase is due to claim reports regarding premi ums of $876,0 0 0 ancl
losses totaling 1. 2 million, representing a 14 6 % increase i n premium
usage . He stated that the City is using 46% more than is being paid in
premiums , adding that it would not be possible to shop cove r age with
another company because of those s t atistics. He rela t ed that the City
received the increase notifi cation today . He asked that Council re vi e~r
the information and prepared to address the issue in the coming months.
Alderman Ray noted that a "health and wellness" program could be
benefi c i al to hold c l aims down. He added that maintenance drugs should
be considered for a "mail -off" prescription basis, adding that it is
generally less expensive to purchase prescription drugs on a three-month
basis compared to monthly, along with encouraging generic drugs. He
offered that emp l oyees be encouraged to maintain t h eir physical health ..
Mayor Swaim agreed, pointing out that the Community Cent er is now beinq
offered to City employees at no cost to encourage fitness . He relate d
that Parks Director George Biggs maintains a record of those employees
using the facili t y on a monthly basis. He added that after an i n t ensive
study the Fire Department is implementing a wellness p r ogram, addi ng that
the Police Department is following suit.
6
CITY OF JACKSONVILLE 000 ~.1 9
REGULAR CITY COUNCIL MEETING
MAY 15 , 2003
7 :00 P.M . -7:36 P.M.
He stated that the City has asked for breakdowns regarding usage from
Municipal League regarding larger claims, adding howeve r, that under the
HIPAA (Health Insurance Portability and Accountability Act of 1996) rules
it is difficult to obtain information regarding employee's health. He
stated that he is not aware of any major i llness being filed on the
insurance . He then pointed out that as far as encouraging employees to
exercise , he is not sure how far the City can go toward aski ng employees
to exercise to raise their health. He stated that wellness programs have
been implemented and it was hoped that insurance rates would improve the
first six months of 2003 , but instead have obviously gone in the other
direction . He reminded the City Council that the evaluation and rates
reflect the inclusion of the Water and Wastewater Departments. He noted
that efforts with those Departments are being coordinated . He stated
that he hoped to have additional information available at the next
Regularly Scheduled City Council meeting.
Alderman Stroud commended Mayor Swaim and Finance Director Mushrush
regarding the management of City finances . He then stated that he would
like to know exactly where the City is financially, mentioning that the
media reported that after raising taxes general revenues are up . He
questioned how the City tax and County tax is performing .
Mayor Swaim stated that the monthly taxes are annualized, adding that
City Sales Tax has been down for the last t wo months a nd noted that
Chri stmas shopping was down approximately two million dollars .
Finance Director Mu sh rush related that the County Tax is down
approximately 2.37 % compared to last year 's revenue collected at the same
time. He added that the percentage is adjusted for the escrow portion of
the Use Tax for analysis purposes.
Mayor Swaim stated that if the Ci ty did not have to escrow funds for the
lawsuit filed against Pulaski County Sales Tax, the County Tax wou ld be
good. He added that the City has had some up months, but pointed out
that a $48 ,000 expenditure skews the budget for the following year.
Finance Di rector Mushru sh reminded the Council that the majority of
revenu es for the Ge n eral Fund is between 60 to 72 % Sales Tax based.
Alderman Smith related that new businesses planning to move to
Jacksonville should help in crease revenues.
Mayor Swaim stated that the realistic picture is t hat things are very
tight ; addi ng that unless there is a swing in the national economy, the
funding forecast will not change significantly . He stated that
Jacksonville is doing well compared to other cities in the State of the
same size. He related that it is a difficult situation and that without
a new revenue source by the first of next year the City may have to
consider changes in operat i ons .
7
0002':20
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
MAY 15, 2003
7:00 P .M. -7:36 P .M.
Finance Director Mushrush related that the Finance Department is working
hard on any revenue source that they have any level of contro l over , such
as privil ege tax ; coordin ating wi th the Engin e e ring Department to ensure
that Code section 5.04 is thoroughly enforced .
Mayor Swaim re l a t ed that the l i st of businesses are being reviewed to
ma k e sure that everyone i s payi n g the prope r privilege tax. He stated
that in many cases it requires extensive research to d etermi n e the number
of employees and the position of the company. He pointed out t h at it
would no t bring in significant revenues , adding that there wil l need to
be a large influx of fu n ds to continue curr ent operations. He r e lated
that with interest rates down , City funds i n interest bearing accounts
have suffered . He stat ed that interest income is budgeted regarding
reserve f u n ds fo r projects, adding that inte r est income proj ections were
not s i gnificant. He reminded Coun ci l of the d ifficu lties and asked t hat
they prepared to consider options i f there are no cha nges in the economy .
He noted that the new businesses would increase the Sales Tax revenu e fo r
ne x t yea r.
APPOINTMENT (S):
ANNOUNCEMENT(S): He a n nounced tha t Alderman Wi lson is in Was h i n gton ,
D.C. working on l egislat ive issues.
Other comments were offered regarding the Business Expo and it was the
consensus of everyone that t h e event was a success and mu ch enjoyed by
everyone .
ADJOURNMENT:
Mayor Swaim without objection adjourned the meeting at approximately 7 :3Ei
p.m.
Respectful l y,
8
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:
(Engineering)
6 . WATER DEPARTMENT:
June 5 , 2003 7:00 P.M.
Regular City Council Meeting
May 15 , 2003
Regular City Council Meeting
May 1, 2003
Regular Monthly Report/May
City Engineer Whisker
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION :
GENERAL:
14. APPOINTMENTS:
15. ANNOUNCEMENTS :
ADJOURNMENT:
a .
b .
c.
Request to Accept Bid: Backhoe Front
End Loader (Mayor Swaim)
FINAL PLAT: Haskins Commercial
Addition Lot 1 (Mayor Swaim)
(Plat included in Packet)
ORDINANCE 1198 (#6-03)
Amending JMC 5.20 Taxi-Cabs
(Mayor Swaim)
ORDINANCE 1199 (#7 -03) Amending
JMC 17.12.125 Deposit for Incomplete
Improvements (Mayor Swaim)
RESOLUTION 571 (#2-03) Expressing
support for creating a new School
District (Mayor Swaim)
PARK & RECREATION COMMISSION
Mr. Joey Price to serve a term to expire
05/09/2008
Annual Municipal League Conference
June 18 thru 20 2003
OOOZ22
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 5, 2003
7:00 P.M . -7:31 P.M.
REGULAR CITY COUNCIL MEET I NG -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Sess i on on June 5, 2003 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 flag .
ROLL CALL: Alde r men : Elliott, Smith , Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT nine (9), ABSENT (1). Alderman Ray
was absent .
Others present for the meeting were : City Attorney Bobby Bamburg, Deputy
Clerk Heather Pal ermit i, Director of Administrat i on Murice Green , Human
Resource Directo r Char l ie Brown , Finance Director Paul Mushrus h, City
Engineer Jay Whisker , Parks and Recreation Director George Biggs , Police
Chief Ruthven , Fire Chief Vanderhoof, Chamber of Commerce Director Bonita
Rownd, Mrs. Judy Swaim, Mrs. Edith Smith , Mrs. Glenda Fletcher, Mr . Larry
Smith, i n terested citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council meeting of
May 15, 2003 for approval and/or correct i on at the next Regu l arly
Schedu l ed City Council Me eting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved , seconded by Alderman Sansing that the minutes of
the Regular City Council Meeting of 1 May 2003 and the mi nutes of the
Joint City Council and Planning Commission meeting of 3 March 2 003 be
APPROVED . MOTION CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ENGINEERING
Alderman Elliott moved , seconded by Alderman Smith t o approve the Regular
Monthly Engineering Re port for May 2003 . Said report reflects:
PERMITS/LICENSE ISSUED
Bui l ding Permits
Business License
29
32
UNSIGHTLY & UNSANITARY
Grass Letters 225
11
52
3
$1,380.00
Property Mowed
Trash Letters
Trash Removal
Cost for April
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Ele ctrical
Plumbing
VEHICLES
75
31
64
99
Notice of Noncompliance 29
Towed 2
CONDEMNATIONS
Structural Maint. Lette rs 19
Structural Re pairs Made 0
Demolitions 1
CITY OF JACKSONVILLE 000223
REGULAR CITY COUNCIL MEETING
JUNE 5, 2003
7:00 P.M. -7:31 P .M.
ROLL CALL: Aldermen : Elliott , Smith , Lewis, Sansing, Wilson, Fletcher,
Stroud, Twitty, and Howard voted AYE. MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid Backhoe Front End Loader
Mayor Swa im noted that the bid sheet did not include a recommended
provider, adding that there has been discussion regarding the
qualifications, needs and cos ts.
Street Superintendent Tracy Sims addressed the Council explaining that
the Street Department has experienced problems with the current backhoe
unit . He stated that the 675 is working well given its reach, but added
that the John Deer has the longest boom reach for the size and cost of
that type of equipment. He stated that to his knowledge and according to
measurements of the floodways and ditches, if they do not change to the
requested unit that they wi ll have to rent equipment to fill the job
performance needed to c lean out the ditches and waterways. He asked that
the Council review the considerations , explaining that equipment rental
would be an added cost in his budget next year .
Mayor Swa im noted a $10,000 p lus cost difference between bids regarding
the John Deer, which has a 1'9" longer reach than the lower bid . He
stated his conce rn for the additional cost , adding that Mr. Sims and Mr .
Oakley have related their concern for the extra reach distance . He then
noted the difference of 10" in the loading h eight, explaining that the
John Deer is 14'8", which is the height of an underpass. He went on to
expressing concern that t h e equipment would be too tall to pass through
the underpass. He stated that the d epth of digging is the difference
be tween 1 9 '1 1" and 18'2", adding that he is not convinced that the extra
reach is worth $10 ,000 plus in costs . He suggested t h at Council delay
action to have the providing Companies provide a demonstration.
Discussion ensued regarding the bi d specifications and the type of
equipment . Mayor Swaim stated that the equipment bid from Rushing and
Mason is a New Holland Ford tractor and Warrior of Arkansas bid a John
Deer tractor.
In response to a question posed by Alderman Wilson , Mayor Swaim stated
that the l ength difference affects the digging distance and depth.
Alderman Wilson and Alderman Sansing agreed that costs for the extra foot
in length might not warrant frequency for that demand .
Alderman Lewis raised questions regarding maintenance of the equipment;
Mr . Sims responded that the Street Department currently has ten New
Holland units and that the service from New Holland Ford has not been
acceptable. He stated that he has experienced problems getting parts and
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 5, 2003
7:00 P .M. -7 :31 P.M.
service work, which is another reason they were leaning toward another
company and getting away from New Holland . He stated that sales
representatives have stated that it is a manufacturer problem regarding
parts. He stated that for this reason they are looking at other
manufactu re rs. He noted he lS familiar with John Deer and its
dependabil i ty and service work .
Al derman Lewis requested information regarding previous cost of
maintenance associated with the New Holland equipment .
Mr. Sims stated that he could provide that information to the Counci l i f
necessary.
Discussion ensued and it was noted that North Little Rock is currently
using the unit being proposed .
Alderman Smith made a motion to table the i tern of business pending·
additional information regarding maintenance costs for the New Holland.
In response to a question posed by Alderman Wilson, Mr . Sims stated that
Warrior of Arkansas is located in Southwest Little Rock.
Alderman Lewis seconde d the motion .
Discussion ensued regarding availability of parts from the manufacture r,
Alderman Fletcher requested inf ormation regarding a change in the line of
equipment, asking that the Water and Sewer Department be contacted
r egarding their equipment line and any problems they may be experiencing .
He then suggested contacting the New Holland dealer to resolve
ma int enance issues .
Mayor Swaim recognized Mr . Ted Belden owner of the New Holland
dist ribut ive.
Mr . Belden explained that Rushing & Mason signed an agreement one month
ago to represent New Holland equipment. He stated that previously it had
been Capita l Ford who represented the construction equipment line, and
that now Rushing & Mason will be the new dealer . He related that Rushinq
& Mason is a heavy equipment dealer and will now have new Hol land
tractors in the construction line to service and sell. He stated that it
is new for them and they hope to do a better job servicing the vehicles .
Mayor Swaim explained that neither of the other tractors met
specifications as written, but that this was the only area in wh ich they
did not meet specifications. He stated that that City does have thE~
liberty of choosing an alternative piece of equ ipment t ha t meets
specifications u n less there is justification that costs are significant
because of repairs .
At this time, MOTION CARRIED.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 5 , 2003
7 :00 P .M. - 7 :31 P .M.
Mayor Swaim stated that the Council would receive additional information
regarding written justification.
Alderman Wilson complimented the employees responsible for the upkeep and
maintenance of g r ounds around the City, saying that the planting areas
are very attractive throughout the City.
Mayor Swaim stated that he would pass that informati on along , and
extended joint credit to the master gardeners who work the flowerbeds on
weekends .
Alderman Wilson stated that he felt it would be helpful to review past
equipment rental and wh at equipment is ant i cipated f o r rental over the
s ummer.
Discussion ensued regarding trade-in value and final pricing .
PARKS & RECREATION:
PLANNING COMMISSION: FINAL PLAT Haskins Commercial Addition Lot 1
DEVIATION IN AGENDA :
GENERAL: a . ORDINANCE 1198 (#6-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5 . 20 TO
PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE ; AND , FOR
OTHER PURPOSES.
Mayor Swaim noted that the Ordinance amendment fashioned after the one
used by the City of Conway is somewhat compl icated. He suggested that
the City Council review the Ordinance, noting some c h anges regarding the
regulation of rates by zones.
Alderman Wilson requested a summary of changes for discussion at the next
regularly schedu l ed meeting .
Alderman S troud expressed concerns that a taxi privilege tax was included
in the proposed Ordinance . He noted that the privilege tax Ordinance was
estab l ished in 1967 and will need an update of its own .
Ci ty Attorney Bamburg related that the propos ed Ordinance would supercede
current requirements of the privilege tax rega rding payment on taxis or
vehicles f or hire, but would also be listed in an y amendment considered
for pr i vilege tax .
Alderman Fletcher expressed concern that too much regulation might a ffect
the availability of taxi service in the Ci ty.
Mayor Swaim related that the proposed Ordinance is a resp onse to a number
of complaints from the general public. He stated that the Ordinance is
an attempt to meet the public 's expectation regarding taxi serv i ce in the
City .
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 5 , 2003
7:00 P .M. -7:31 P.M.
City Attorney Bamburg exp l ained that State statutes are incorporated into
the proposed Ordinance , a dding that some of t he State statutes were
already in place with the existing Ordinance, pointing out t hat in 1954
there were n o requirement s for i n surance liability coverage. He related
that the proposed Ordinance meets and specifies required insuran ce
coverag e . He stated that the proposed Ordinance is patterned after the
City o f Conway along wi th some information incorpo r ated from t he Little
Rock and North Little Rock taxi ordi nances.
Mayor Swaim noted that the three areas most aff ected by changes are the
rate schedule , the operating hours , and the requirement of a privi l ege
t ax plus a fee for each taxi. He stated that the Ordi nance is a
recommendation, adding t hat the Council may provide input . He noted t h a t
the State statute is more strongly enforced in some areas then o t hers,
but noted that any person convicted of driving while intoxicated or a
felony a r rest is prohibited from operating a taxi .
City Attorney Bamburg stated that the proposed Ordinance is a s tarting
point for City Council to consider modifications in customizing taxi
service for the City of Jacksonville.
b . ORDINANCE 1199 (#7-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE § 17 .12. 125; DECLARING!
AN EMERGENCY ; AND FOR OTHER PURPOSES .
Mayor Swaim stated that the Ordinance woul d amend the J a cksonvi lle
Municipal Code regarding deposit on construction projects.
Alderman Stroud moved, seconded by Alderman Wilson that Ordinance 11 99 be
PLACED on FIRST READING. ROLL CALL : Alderman E lliott , Smi th, Lewis,
Sansing, Wilson, Fletcher, Stroud, Twitty, and Howard voted AY E . NAY (0).
MOTION CARRIED . Whe r eupon City Attorney Bamburg read the heading o f'
Ordinance 1199.
Alderman Stroud moved, seconded by Alderman Howard that Ordi nance 1199 bE~
APPROVED on FIRST READING .
City Engineer Whisker recal l ed the passage of a recent Ordinance
regarding provision for final platting of comme rcial property, which
allowed for a cash deposit regarding necessary improvements. He stated
that while it is easy for the City to hold cash deposits unt i l
improvements are comp l eted , buyers and sellers h a ve voiced a hardship
regardi n g disagreement of who should deposit improveme nt funds . He
stated that it was felt the best solution would be a surety bond for the
amount of the improvements . He answered that it is easier for either the
seller or the buyer to purchase a $30 0 .00 bond rather than h ave $30,00 0
on a deposit hold until the development is completed .
Mayor Swaim stated that a commercial p i ece of property that the City
Council will review for final plat tonight has been a delayed regardinq
the buyer/seller cash deposit.
5
CITY OF JACKSONVILLE
.. : 0 .0~02 2 '7
REGULAR CITY COUNCIL MEETING
JUNE 5, 2003
7 :00 P .M. - 7 :31 P.M.
ROLL CALL: Alderman Elliott , Smith, Lew i s , Sansing, Wilson, Flet c her,
Stroud, Twi t ty, and Howard voted AYE. NAY (0). MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1199 be
placed on SECOND READING. ROLL CALL : Alderman Elliott , Smith, Lewis ,
Sansing , Wilson, Fletcher , Stroud , Twi tty, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whe re u pon City Attorney Bamburg read the headi ng of
Ordinance 1199.
Alderman Stroud moved , seconded by Alderman Elliott tha t Or dinance 1199
be placed on THIRD and FINAL READING. ROLL CALL : Alderman E lliott ,
Smith , Lewis , Sansing , Wi l son, Fletcher , Stroud, Twitty, and Howard voted
AYE . NAY (0). MOTION CARRIED . Whereupon Ci t y Attorney Bamburg read the
heading of Ordinance 119 9 .
Alderman Ellio tt moved, seconde d by Alderman Sm ith that Ordinance 1199 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Ell i ott , Smith , Lewis,
San sing , Wil s on , Fletcher , St r o ud, Twitty , and Howard v o ted AYE. NAY
( 0) • MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Wilson that the EMERGENCY
CLAUSE be APPROVED AND ADOPTED. ROLL CALL : Al d erman Elli o tt, Smith,
Sansing, Ray, S troud , Twitty , and Howard voted AYE . NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1199 THIS 5 TH DAY OF JUNE 2003 .
RESUME AGENDA:
PLANNING COMMISSION : FINAL PLAT Haskins Commercial Addition Lot 1
Mayor Swaim related that the s ubd i v i sion is l ocated at the corner of
Marshall Road and the Ma in St reet Exit.
I n res p onse to a qu estio n pos e d by Alderman Wilson , City Engineer Whisker
re l at e d that the Planning Commission had requested that the developer
submit a b ond fo r the s ide walk and waterline , which he h as done.
Alderman Elliott moved, seconded by Alderman Smith to Approve the Final
Plat of the Haskins Commerci al Addition Lot 1 as presen ted. MOTION
CARRIED.
DEVIATION IN AGENDA:
APPOINTMENT(S): PARK & RECREATION COMMISSION APPOINTMENT
Alderman Smith moved, seconded by Alderman Lewis to approve the
appointment of Mr. Joey Price to the Parks and Recreation Commission for
a term to expire 05/09/2008. MOTION CARRIED.
Mayor Swa im welcomed Alderman Lewis back.
Alderman Lew i s thanked e v eryone f or t he i r support while he was in t he
hospital .
6
. ' ' ·-. 01 '""' h •• . fi·: 4. ; j ,l ~..-t"' .. \_ .. , ! I .... ,., · ... # ~
RESUME AGENDA:
c . RESOLUTION 571 (#2-03)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 5, 2003
7:00 P .M. -7 :31 P.M.
A RESOLUTION EXPRESSING SUPPORT FOR THE CREATION OF A NEW SCHOOL DISTRICT
WITHIN THE CITY OF JACKSONVILLE ; AND, FOR OTHER PURPOSES .
Mayor Swaim related verbal agreements to make every effort to create a
new school dis t rict for t h e City of Jacksonv i lle and the feede r areas,
pointing out that Resolut ion 571 is an expression o f the City Counci l 's
support for that separate school district.
Alderman Wilson moved, seconded by Alderman Smith that Resolution 571 be
read. MOTION CARRIED. Whereupon City Attorney Bamburg read the
Resolution .
Alderman Stroud moved , seconded by Alderman Sansing to adopt Res o lution
571 (#2-03) MOTION CARRIED .
Mr . T e d Belden announced that Monday the State Board of Education would
hold a meet i ng to address issues regarding the proposed separate schoo l
district; he then encouraged everyone available to attend the meeting to
voice their support. He s t ated that the meeting starts at 9:00 a.m.
ANNOUNCEMENT (S): Annual Municipal League Conference June 18th to 20th 2003.
Sign Ordinance Committ ee will meet at 6 :00 p .m . on the 19 June 2003 .
ADJOURNMENT :
Mayor Swaim without objection, adjourned the meeting at approximately·
7 :31 p .m.
Respectful ly,
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasur er
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:
(Animal Control)
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
June 19, 2003 7 :00P.M .
Regular City Council Meeting
June 5 , 2003
Regular City Council Meeting
May 15 , 2003
Regular Monthly Report/May
(Public Works Director Jim Oakley)
Regular Monthly Report/May
(Chief Wayne Ruthven)
Regular Monthly Report/May
(Chief John Vanderhoof)
7 . WASTEWATER DEPARTMENT :
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 Accept Bid : Backhoe Front
End Loader (Mayor Swaim)
ORDINANCE 1198 (#6-03)
Amending JMC 5.20 Taxi-Cabs
(Mayor Swaim)
b . Renew Service Contract with
Jacksonville Senior Center regarding
JEAP (Mayor Swa im)
(available at meeting)
.. · )1.00229
, · ··JN n3n -. :_.,(\(.).~(,., u
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 19, 2003
7:00 P .M. - 7 :24 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of J acksonville, Arkansas met in Reg u lar
Sess i on on June 19, 200 3 at the regular meeting p lace of t h e Coun cil.
Alderman Howard delivered the invocation and LRAFB Bo y Scout Troop 17 0
led a standing audience in the "Pledge of Allegiance" to the flag .
ROLL CALL: Aldermen: Elliott, Smith , Lewis, Sansing, Ray, Wilson, Fletcher,
Str oud , Twitty , and Howard answered roll call . Mayor Swaim also a n swered
ROLL CALL declaring a quorum. PRESENT ten (10}, ABSENT (0}.
Others present for the meeting were : Ci ty Attorney Bobby Bamburg, Deputy
Clerk Heather Pa lermiti, Director of Admin istrat ion Murice Green, Human
Resource Director Charlie Brown , Finance Director Paul Mushru sh, City
Engineer Jay Wh isker, Public Works Director Jimmy Oak l ey, CDBG Dire ctor
Theresa Watson, Parks and Recreation Director Geo rge Biggs, Police Ch i ef
Ruthven, Fire Chief Vanderhoof , Mrs . Judy Swaim, Mrs. Lendy Lew i s, Mrs .
Glenda Fletcher, Mrs . Sherry Oliver, Mrs . Bever l y E lliott, Mr. To mmy
Bond , Mr. Larry Smith, interested citizens and membe r s o f t h e pre ss .
PRESENTATION OF MINUTES :
Mayor Swaim presented the mi nutes of the Regular Cit y Council meet ing of
June 5, 2003 fo r approval and/or corr e c tion a t t he next Re gul arly
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 May 2003 be APPROVED. MOTION CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to approve the Regula1:
Monthly Animal Control Report for May 2003. Said report reflects :
ADOPTION/FINES : $687 .00
CONTRIBUTIONS : $ 0.00
TOTAL: $687.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Smith moved, seconded by Alderman Ray to approve the RegulaJ:
Monthly Report for May 2003 . Said report reflects the Total Value of:
Reported Stolen Property $101 ,364 . Total Value of Recovered Stolen Proper~r
$39,217 and Total Report Sales $552.00 .
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Smith moved, seconded by Alderman Ray to approve the RegulaJ::-
Monthly Report for May 2003 from the Jacksonville Fire Department , which
reflects a fire loss of $82,000 and a savings total of $90 ,000.
In response to a question posed by Alderman Fletch e r , City Engi n ee r
Whisker stated that the City recent l y sent a cl e a n up letter to t h e
owners of a house that burned on J ames S t reet .
1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 19, 2003
7 :00 P .M. - 7 :24 P .M.
ROLL CALL : Aldermen: Elliott, Smith, Lewis,
Fletcher, Stroud, Twitty, and Howard voted AYE.
Sansing , Ray, Wilson ,
MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT : Request to Accept Bid Backhoe Front End Loader
Mayor Swaim related that the bid had been before the City Counci l on the
previous agenda.
Stroud moved, seconded by Alderman Wilson to remove the item of business
from being tabled . MOTION CARRIED.
Alderman Wilson noted that issues regarding parts and service have been
resolved .
Alderman Wilson moved, seconded by Alderman Stroud to approve the low bid
from Rushing & Mason Equipment in the amount of $53,798.00 with funds to
be drawn from Budgeted Street Funds. MOTION CARRIED.
PARKS & RECREATION:
PLANNING COMMISSION :
GENERAL : a . ORDINANCE 1198 (#6-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPER 5 . 20 TO
PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE ; AND, FOR
OTHER PURPOSES .
Mayor Swaim r elated that the owners of local taxi -service had approached
him with concerns regar ding the zone cha rge of $2.00 being too low. He
then answered that most of the owners had recommended $3 .00 per zone .
Mr. Cory Smotherman owner of Courtesy taxi -service expressed concerns
regarding the requirement under Appl i cant Requirements, saying that the
terminology of "no cr i mina l offense history on record" is vague. He
rela t ed t hat a boun ced check could be considered a criminal offen se. He
stated that such an offense would not have any implications on the
applicant being able to drive a Cab sa f ely . He noted that wh i le the
ordinance was based f rom Conway 's ordinance, Conway has divided the city
into much smaller zon es. He stated t hat Jacksonville was being divided
i nto four zones, add ing that a trip across town may only be $3 .00. He
added that right now the taxi compani es are charging a flat rate of $4.00
anywhere in the City l i mi ts for one person .
City Attorney Bamb u rg stated that as written with t h e two-dollar basic
cha r ge it wo u ld be $3.50 if the Cab traveled through all four zones , if
the rate is changed to $3 .0 0 i t would be $4 .50 .
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 19 , 2003
7:00 P.M. -7:24 P .M.
Discussion ensued how far the zones transverse across the City .
Mr. Smotherman stated that Conway had split their zones by start ing with
a center point of town and placed concentric circles versus having large
squared zones , which guarantees at least two or three zones to go across
town .
Al derman Wilson stated that if the proposed zoning does not generate as
much revenue as the present situation , zoning may need to be
reconfigured.
Mr . Smotherman sugges t ed that the ordinance also reflect metered cabs,
which will eventually be used by all cabs .
Mayor Swaim point ed out that at such time as the cabs to upgrade tc
meters , the City would be will i ng t o amend t he ordinance .
Discussion ensued and Mr. Smotherman stated that a $3.00 charge per zone
would be more agreeable. He s t ated that the companies do not make muct.
of a profit as is. He sugge sted that the zon es be reconfigured; po i ntinq
out tha t each zone in Conway is a little less t h an a square mile .
Discuss i on ensued regarding the type and destinations of most runs, Mr .
Smotherman then answered that extra passengers are charged $1.00 per
person and t hat children are f ree. He added that there is no charge for
luggage.
In response to a question posed by Alderman Wilson regarding costs for a
tr i p to the Airport , Mr . Smotherma n s t a ted that flat rates a r e charged
fo r most all t rips . He state d t hat longer trip to unfami liar territory
is c l ocked off by the odometer and charged by t he mile .
Mayor Swaim stated that the Cit y would be interested in reviewing a ra t e
schedule from the companies for future consideration .
Mr. Don P i erce representat i ve for D. J. Cab Company stated that t hey
mos t ly agree wi t h Mr . Smothe rman , addi ng that the only difference
rega rding rat es i s t h at they c h a rge $4 .00 p er city, or city to c i ty . He
clarified that a t rip from Jac k sonvi ll e to Sherwood would be $8.00 . He
stated that by running off a flat rate of $4.00 i n the City limits their
company had suffered a loss las t month . He stated t hat the main reason
is that business insurance i s cost l y. He stated that his monthly
insurance rate i s $1 ,194.00 f o r two vehicles, which does not include caJ~
maintenance , gas , and drivers . He added t h at his company employs six
dr i vers and curre ntly all six drivers are making below minimum wage .
Mayor Swaim po int ed out that pricing is based on compet i tion .
Mr . Pierce stated that they would like to increase the flat rate charge
to $5 .00, to help the companies operate with a profit . He went on to
expl ain i ssues regarding h i gher insurance p ri ces s i nce 9-11 .
3
0 00233
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
JUNE 19 , 2003
7 :00 P.M . - 7 :24 P .M.
Mr. Myron Robert of Discount Taxi stated that he would like to do away
with zone s , pointing out that all three taxi companies are current l y
running the City off the one p rice flat rate . He stated that his flat
rate is $3 .00 wi th no charge for extra passengers or luggage . He stated
that h e is able to make it even with i nsurance at $6,000 per vehi cle. He
stated that r ates have t,o be higher than the proposed $2.00 , saying that
all the companies wou l d go o ut of business . He t hen explained that h e
had tried meters , saying t hat customers are scared of meters . He stated
that meter rates would actual l y go higher than e ven a $4.00 rate in most
cases . He stated for that reaso n he has removed the meters from his
cabs , adding that c u stomers would rather have fl at r a tes . He then
expressed concern for the operation hours of seven days per week from
6 :00 a .m . to 11 :00 p .m. as propos e d in the ordina n ce . He explained that
he is the only dri ver presently working from 6:00 a .m . to 9:00p .m. and
uses Sunday to perform maintenance on his vehicles. He stated that he
keeps his Cab i n good repair. He sta t ed that he was afraid the
requirement might affect him, asking the City Council to a l low him to
work s ix in s te ad of seven days .
Mayor Swa i m asked that the cab companies meet and prepare a proposal
regarding zon es and/or flat rates for the City Council before the next
regularly schedul ed meet i ng f or consideration before passing the
ordinance .
Alder man Wilson offered t hat t he hour situat i on may need consideration ,
pointing out that others may also want to operate six instead of seven
days per week, adding that as long as service is a vailable seven days a
week t he objective of providing responsive service to the commun i ty has
be en achi eved . He s uggested tha t the cab compani es wo rk with the City
Attorney Bamburg to address operation issues.
b . Renew Service Contract with Jacksonville Senior Center regarding the
Jacksonville Elderly Activities Program
Mayor Swaim related that the audi tor has pointed out that it i s time for
t he City to renew its contract t o provide funds to the Elderly Activi t y
Center . He r eviewed that the previous contract had an expiration time
and that the new Co nt ract wou l d allow for an extension wi thout a new
agreement .
City Attorney Bamburg stated tha t the budget aut omatical l y provides for
funds to be transferred t o the Senior Citizens Ce nter annually instead of
renewing the contract for that calendar year. He stated that any other
modifications would be brough t t o the City Counc il.
Alderman Smith moved, seconded by Alderman Howard authorizing the Mayor
and City Clerk renew the Contract Agreement for services between the City
and the Jacksonville Senior Citizen Center for $50,000 .00 . MOTION
CARRIED .
4
---·n n·A ""' ~ ·' • • H.~ ~ •• : . . -.·. ~ ....... ~. ,t, -J x
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JUNE 19, 2003
7:00 P .M. -7:24 P.M .
Alderman Stroud requested an update r egarding p r ogress with the County to
standardize the process for filing of liens .
City Attorney Bamburg r e l ated Sherwood and North Little Rock have
developed a system a l ong with Jacksonvil le, which wi l l be present ed to
Little Rock . He added that Debra Buckner has stated that she wo uld work
with the cities rega rding imp lementat ion .
ADDITION TO THE AGENDA: FINAL PLAT Lot 4 & 5 Wayne Rogers Duplex
Subdivision
Alderman Elliott moved, seconded by Alderman Wilson to suspend the rules
and place the Final Plat of Lot 4 & 5 of the Wayne Rogers Duplex
Subdivision on the agenda. MOTION CARRIED.
Mayor Swaim related that the subdivision is not in the City limits but is
within the City 's planning jurisdiction.
City Eng ineer Whisker related that lots 4 & 5 are t h e last l ots of a
five -acre tract at the corner of Republican and Arrington Road. He
stated that the subdivision consists of five l ots developed for duplexes .
Alderman Wilson moved , seconded by Alderman Smith to Approve the Final .
Plat 4 & 5 of the Wayne Rogers Duplex Subdivision . MOTION CARRIED .
APPOINTMENT (S) :
ANNOUNCEMENT(S):
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 7:2 4.
p .m .
Respectfully,
Susan L . Davit t MAYOR TOMMY SWAIM
City Clerk-Treasurer
5
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 :
(Engineering Department)
6. WATER DEPARTMENT:
July 3 , 2003 7:00 P.M .
Regular City Council Meeting
June 19, 2003
Regular City Council Meeting
June 5 , 2003
Regula r Month ly Report/June
City Engineer Jay Whisker
7 . WAST EWATER DEPARTMENT:
8 . FIRE DEPARTMENT :
9 . POLICE DEPARTMENT:
10 . STREET DEPARTMENT:
11 . SANITATION DEPARTMENT:
12 . PARKS & RE G DEPT:
13 . PLANNING COMMISSION :
14. GENERAL:
15 . APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT:
UPDATE by Chief Ruthven
(Mayor Swaim)
Request to Accept Bid : 2003 Stre et
Striping (Mayo r Swaim)
Request to Accept Bid : Skate Park
Equipment (Mayor Swaim)
; ;~. 0 0.(12 3 5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 3, 2003
7:00 P .M. -7:10 P.M.
REGULAR CITY COUNCIL MEETI NG -CITY HALL -#1 MUNI CIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on July 3 , 2003 at the regular meeting place of the Council .
Alderman L ewis delivered the invocat i on and Mayor Swaim led a standing
audience in the "Pledge of A l legiance" to the f l ag.
ROLL CALL: Aldermen: Elliott, Smith, Lewis, Sansi ng, Ray, Wilson, St r oud,
Twitty, and Howard answered roll call. Mayor Swa im also answered ROLL CALL
declaring a quo r um. PRESENT nin e (9), ABSENT (l). Alderman Fletcher was
absent.
Others present for the meeting we r e : City Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administration Murice Green, Human
Resource Director Charlie Brown, Parks and Recreation Director George
Biggs , Pol i ce Chief Ruthven , Fire Chief Vanderhoof , Mrs . Judy Swaim, Mrs .
Edith Smith , Mrs. Lendy Lewis, Mrs. Addie Gibson, Mr. Larry Smith ,
interested citizens and members of the press.
PRESENTATION OF MINUT ES :
Mayor Swaim presented the minutes of the Regular City Council meeting of
June 19 , 2003 for approval and/or correction at the next Regularl:r
Scheduled City Counci l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Smith moved, seconded by Alderman Elliott that the minutes of
the Regular City Council Meeting of 5 June 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Smith moved, seconded by Alderman Howard to approve the Regular
Month1y Engineering Report for June 2003. Said report ref1ects:
PERMITS/LICENSE ISSUED
Bui l ding Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Letters
Property Mowed
Trash Letters
Trash Removal
30
1 7
103
15
44
0
Cost for April $ 459.00
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
60
30
64
66
Notice of Noncompliance 10
Towed 0
CONDEMNATIONS
Structural Maint. Lette rs 0
Struct ural Repairs Made 0
Demoli t i o ns 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 3, 2003
7:00 P .M. -7 :10 P .M.
ROLL CALL : Aldermen: Elliott, Smith, Lewis, Sansing, Ray Wilson ,
Stroud , Twitty, and Howard voted AYE. MOTION CARRIED .
WATER DEPARTMENT :
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT: UPDATE by Chief Ruthven
Ch i ef Ruthven stated that he would provide a semi-annual crime
statistical update for the n ext regularly scheduled Ci ty Council meeting.
He then pointed out that i n a t i me of diminishing revenue, the Police
Department continues to look for grant funding sources to support their
budget and expenditure requ i rements. He stated that they have been
successful in finding a 50 % federa l grant , the "Bal l istic s Vest Program".
He related t h at they were ab l e to apply going back to 1999 , addi ng that
the Police Department received a grant for funding vest purchas es from
1999 through 2003, a total o f 74 vests at $19 ,287 .00. He stated that in
today 's market the f u nding allowed them to purchase 28 vests to cove r
vests funding for 2003 and 2004.
He re l ated that the Po l ice Department has also researched the Federal
1033 Program , a property disposal program . He stated that through that
prog r am the P o lice Department has been able to acquire three computers ,
three co l or mon i tors , t wo printers , one pa l m pilot, and is expected to
receive two 20-foot Conex containers for storage. He added that they
have also been looking for night v i sion devices a nd humvees. He stated
t hat t h e Police Department has been able to obtain over $10 ,000 in
equipment through the program and will continue to use the program to
suppl ement budget fun d i ng .
He pointed out two items of good news recently in the newspaper regarding
tw o Jacksonville Officers graduating from the training academy at Camden.
He related that Officer John Sta l ey had graduated number o n e academically
which is the first time an Officer from Jacksonvi lle has e v er finished
top academically and Officer Floyd Smith who finished number one in the
physical fitness component of the c ourse . He then reported that the
Police Department r ecently competed in the Arkansas St ate Police Olympics
and finished in f i rst pla ce for t he fi rs t time. He related that twent y-
three members of the Depart ment participated in six team events and s i x
i ndividua l events. He stated that Jacksonv i l l e finished fi rst wi t h 65
poin ts , Arkansas Depar tment of Corrections f i nished second with 62 points
and the Sherwood Police Department f i nish ed t hird with 28 points .
SANITATION DEPARTMENT :
STREET DEPARTMENT: Request to Accept Bid 2003 Street Stri ping
Alderman Smith moved, seconded by Alderman Elliott to Accept the low bid
from Contractors Specialty Service Company in the amount of $6897 .16 to
come from budgeted funds. MOTION CARRIED.
2
··. ·. . . ~ ~ ~
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 3, 2003
7:00 P .M. -7:10 P.M .
In response to a question posed by Alderman Wi l son, Mayor Swaim re l ated
the paving was nearly completed and that it is anticipated that the
striping program would finish earlier this year.
PARKS & RECREATION: Request to Accept Bid for Skate Park Equipment
Mayor Swaim pointed out that while there was only one bidder, Parks and
Recreation Director George Biggs feels that the bid price is reasonable
and is recommending t hat Counci l accept the bid. It was noted that the
item was a budgeted equipment item .
Parks and Recreation Director George Biggs explained that the equipment
consists of a "fun box", a "grind rail" and a "quart er pipe". He
provided the City Council with photographs of the equipment.
Mayor Swaim noted that the equipment would be an addition to the existing
skate park. He mentioned the mul titude of equipment availabl e afte r
visiting other skate parks and the LRAFB skate park.
Alderman Twitty related that she takes her grandson to the Base skate
park, not ing that the Air Base has more equipment . Sh e also related that
the base offers to rent the their facil ities for skating competitions .
Director Biggs stated that he had viewed a video of the bas e skate park
furnished by a Parks and Recreation Comm is s ioner, and no t ed that the BasE~
has a "state of the art" skate park.
Discussion ensued r egarding the eventual r ent a l of t he Jacksonville skat e
park as it progresses.
Alderman Wilson moved , seconded by Alderman Howard to accept the bid front
Skate Park International in the amount of $10,947.00 to be purchased witit
budgeted funds. MOTION CARRIED .
PLANNING COMMISSION :
GENERAL :
PLANNING COMMISSION:
APPOINTMENT (S) :
ANNOUNCEMENT(S):
Alderman Stroud related that Paul Suskie, the Ci ty Attorney from No rth
Little Rock gave a presentation during Municipal Le a g u e, which was wel~
attended . He stated that the presentation centered on a new l aw passed to
eradicate drugs and crime in neighborhoods. He stated that he has asked
City Attorney Paul Suskie to make the presentation to the Jacksonville
City Counci l, adding that it is a 45-minute presentation, which could be
conducted prior to a City Council meeting. He re l ated that the procedure
is being used to clean up high crime areas , adding that the procedure has
been through t he Supreme Court. He state that he wo uld like to have the
Po lice and Code Enforcement a ttend the meeting .
3
t:f)f\?3-0 ... ··-· v
ADJOURNMENT :
CITY OF JACKSONVILLE .
REGULAR CITY COUNCIL MEETING
JULY 3, 2003
7 :00 P.M. -7 :10 P .M.
Mayor Swaim without objection, adjourned the meeting at approximately
7 :20p .m .
Respectfully,
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
4
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)
(Police Department)
(Fire Department)
6. WATER DEPARTMENT:
July 17, 2003 7:00P.M.
Regular City Council Meeting
July 3, 2003
Regular City Council Meeting
June 19, 2003
Regular Monthly Report/May
(Public Works Director Jim Oakley)
Regular Monthly Report/May
Semi-Annual Crime Statistical update
(included in packet)
(Chief Wayne Ruthven)
Regular Monthly Report/May
(Chief John Vanderhoof)
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. FINAL PLAT: Crooked Creek Subdivision PH I
(plat included in packet) (Mayor Swaim)
b. FINAL PLAT: Cunningham Subdivision
(plat included in packet) (Mayor Swaim)
a. Presentation of the 2002 Audit
(audit included in packet) (Mayor Swaim)
b. DISCUSSION: Ordinance 1198 (#6-03)
Amending JMC 5 .20 Taxi-Cabs
Additional information subm itted by
taxi companies (Mayor Swaim)
. ". :') :. (\ "' ,_ 1 : .. ' .' :~ .. (.( ... ,r -..... -41 .L
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 17, 2003
7 :00 P.M. -7:40 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of the City of Jacksonville, Arkansas met in Regular
Session on July 3, 2003 at the regular mee ting place of the Council.
Alderman Lewis delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegianceu to the flag .
ROLL CALL : Aldermen: Elliott, Smith , Lewis, Sansing, Wi lson , Fletcher,
Twitty, and Howard answered roll call . Mayor Swaim a lso answered ROLL CALL
declaring a quorum. PRESENT eight (8), ABSENT (2). Aldermen Ray and Stroud
were absent.
Others p resent for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administration Murice Green , Finance
Di re ctor Paul Mushrush, Finance Accountant Cheryl Erkel, Parks and
Recreation Dire c tor George Biggs, Police Chief Ruthven , Fire Chief
Battalion Kendal Snyder, Mr . Mac McAllister , Mr. Gerald Clark, Mrs . Judy
Swaim , Mrs. Edith Smith, Mrs . Lendy Lewis, Mrs . Addie Gi bson, Mr. Tommy
Bond , Mr . Larry Smith , interested cit i zens and members of the press .
PRESENTATION OF MINUTES:
Mayo r Sw aim presented the minutes of the Regular City Council meet ing of
July 3 , 2003 for approval and/or correct i on at the n e xt Regularly
Scheduled City Counci l Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Wilson moved, seconded by Alderman Howard that the minutes of
the Regular City Council Meeting of 19 June 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved ,
Regular Monthly Animal
reflects:
seconded by Alderman Wilson to
Control Report for June 2003.
ADOPTION/FINES:
CONTRIBUTIONS :
TOTAL:
$731 .00
$ 0.00
$731.00
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
approve the
Said report
Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for June 2003 . Said report reflects the Total Value of
Reported Stolen Property $87,977 . Total Value of Recovered Stolen Property
$87,005 and Total Report Sales $468.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Alderman Wilson to approve the Regular
Monthly Report for June 2003 from the Jacksonville Fire Department , which
reflects a fire loss of $105,000 and a savings total of $175,000.
1
.' '. . . .. "' " 2 00 0 r~>i CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 17 , 2003
7 :00 P.M. -7 :4 0 P .M.
Chief Ruthven exhibited the Police Department's f irst place trophy award
for the 2003 Police Olympics.
He then began to review the Police Department's monthly consent agenda
report focusing on the workload data, noting that complaint calls have
increased 21%, comp l aint cal l s responded to have i ncreased 23%. He noted
that while walk-in complaints have decreased by 3%, felony cases being
opened have increased approximately 27%. He stated that he wanted to
bring this to the City Counci l 's attention to illustrate that the Police
Department is doing more with the same amount of resources , which he
added will have some affect regarding the crime statistics for review.
He explained that felony arrest are time consuming regarding the
expenditure of manpower, and that a 21% increase in complaint calls
increases the need for manpower. He then pointe d out a 51% year-to-date
increase in warrants, adding that it occasionally requires the Officer to
go elsewhe re in the State . He stated that it is a time consuming process
that consumes manpower and available resources. He then pointed out that
during the month of June the Department had twelve Officers and six
Admi nistrat ive personnel to complete 1290 hours of external training, of
that, 960 hours was attributed to two new Officers attending Academy
tra i ning. He added that fifty -three Officers completed approximately 30C
hours of internal training, including T ra ffic Stops training for thirty-
eight Officers, Active Shooters Course for f ive Office rs a nd Defens ive
Driving for twe nty-four Office rs . He stated that the Defensive Drivin~·
cour se was a refresher course not offered since 2000 .
He reviewed t he Cr ime Statistics update from 1999 -2002, pointing out.
that the crime index for the year of 2002 over 2 001 was increased by 11%.
He related that the crime index incl udes the seven listed categories of
crime excluding a r son, adding that modified crime index had increased by
1 1 %, explaining that the modified crime index in cludes all seven
categories plus arson. He then related that violent crime had decreased
in the City by 22%; howeve r, property crime had increased 14% in 2002.
He pointed out that prope rty crime represents 92% of the index,
explaining that when 92% of t he crime is increas ed by 14% it brings the
ove ral l crime rate up by the demonstrated 11 %. He stated that the 22%
violent crime decrease represents 8% of the overall crime index . He
related no change in robbery, adding that t here were i ncr eases in
burglary , larceny, and ve hicle theft.
He then reviewed the crime index comparing Jacksonville to nationwide,
southern cities and cities of the same size nat ionw ide . He noted that
the crime index and the modified crime index decre ased by all comparisons
in 2002 except in Jacksonville showing an incre ase . He then n oted thai:
violent crime only shows a slight decrease in compari son, while
Jacksonville's violent crime was significantl y d e creas ed.
He offered that any analysis would be from his personal fe elings, addinq
that the does not have sophisticated, and analytical capability within
the Department . He offered that he does not have t hat capability because
it requires personnel, equipment and resources that he currently does no·:
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 17 , 2 0 0 3
7 :00 P .M. -7:40 P.M.
have. He offered that he feels violent crime has decreased because there
is greater risk to the offender, pointing out that the Department solved
69% of v iolent cr imes in 2002 . He then pointed out that they only solved
37% of t h e property crimes. He s tated that offenders understand that
there are stiffer penalties rega rding violent crime. He noted that given
recent Pulaski County Jail overcrowding issues , violent crime offenders
e nd up in jail, while n o n -violent offenders many times do not go to jail.
He stated that known offende rs become repeat offenders when there is no
punishment assoc i ated with the offense. He stated that offenders will
choose property crimes before choosing violent crimes because of the
consequences. He c larified that property crimes are up because there is
n ot a great risk, secondl y there is not very harsh sent encing associated
and thirdly even if an offender were se ntenced in Pulaski County
currently they would not be incarcerated because of overcrowding. He
stated that he believes that the answer requires more commun ity
involvem ent , mo re Police Officers, mo r e sophisticated analysis capability
and harsher sentencing from the Judicial system and lastly incarceration.
He stated that as City Council member s they could influence three of
those factors , community involvement, more police officers, and more
sophisticated analysis meaning analytical personnel as well as equipment
to analysis data . He stated that if he had more analytical ability he
could focus prevent ion efforts where the analysis determines as opposed
to reacting to crime. He stated that the statistical data indi cates they
are react ing to reports of crime.
Alderman Fletcher stated that he believes the first issue to be addressed
should be t he stronger penalties for crimes .
Chief Ruthven stated that he has met with Judge Batton to discuss
district level sentencing, adding that some of the sentencing is to
perform work in support of the Pol ice Department and other City
Departments. He stated that he has spoken with Circui t Court Judge s, who
deal with most of the violent crime , which is one of the categories that
have decreased with more incarcerations and h eav ie r sentencing.
In response to a question posed by Alderman Fle tcher, Chief Ruthven
related that the Arkansas Association of Chiefs of Police as well as
Arkansas Sheriff's Association has worked with members of the legislature
to address fundin g for the corrections system al lowing o ffende rs to move
from the Pulaski County Jail system to the State Correctional system. He
stated that he is not sure the legislature supports it to the degree
desired.
Alderman Wilson questioned if Chief Ruthven i s aware of any groups or
associations that the Council might be able to initiate for support,
Chief Ruthven related that the Police Department encourages neighborhood
watch programs . He explained that s ome of the homeowners associations
have neighborhood watch on a limited basis, adding that the Police
Department would like to see an expansion regarding neighborhood wa tches,
explaining that the Police Department would be willing to provide their
support . He offered the Police Department's support with other programs.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 1 7 , 2003
7:00 P.M . -7 :40 P .M.
In response to a question posed by Alderman Elliott, Chief Ruthven stated
that the new Police Auxiliary group is working well, saying that it is a
strong add ition to the Department . He related that there are eight
Auxi l iary Officers working on an average of eight to ten hours weekly.
He stated that there are plans to train another class.
ROLL CALL : Aldermen: Elliott, Smith , Lewis, Sansing , Wilson , Fletcher
Twitty, and Howard vot ed AYE . MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION : a . FINAL PLAT Crooked Creek Subdivision PH I
City Engineer Wh i sker stated that this is the first phase of Crooked
Creek Subdivision located north of Genera l Samuels and west of Martha.
Street in Woodland Hills Subdivi sion . He related that the Phase I can
access the pump s t ation servicing Woodland Hills .
Alderman Wilson moved , seconded by Alderman Smith to Approve the Final
Plat of Crooked Creek Subdivision PH I . MOT I ON CARRIED.
b. FINAL PLAT Cunningham Subdivision
Mayo r Swaim stated that the Subdi vision is located outside the City
limits, but is within the Jacksonville Planning jurisdi ct i on .
City Engineer Whisker related that the developer is taking approximately
two acres of a larger tract in order to subdivide less t h an five acres.
He stated that the property is located north of t he Latter Day Saints
Church. He related that the property wil l be serviced by a well and
septic tank.
Alderman Smith moved, seconded by Alderman Lewis to Approve the Final
Plat of the Cunningham Subdivision . MOTION CARRIED .
GENERAL : Presentation of the 2002 Audit
Mr. Mac McAllister addressed the City Council stating t hat his firm i~;
honored and pleased to present the 2002 Comprehensive Annual Financia~
Report of the City of Jacksonville. He stated tha t this marks the sixth
year for the City to publish a Comprehensive Annual Fi n ancial Repor t ,
a l so known as CAFR.
He revi ewed the significant financial highlights inc luded in the annual
report as follows:
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 17, 2003
7 :00 P.M . -7:40 P.M.
Total operating revenues for 2002 as reported in the financial statements
were $14 .9 million. This amount in cludes $1.1 million attributabl e to a
change in reporting of certain revenues dictated by changes in account ing
principles . Adjusting 2002 revenues to a comparable basis with 2001 , the
City experienced a decrease in revenue of approximately 12 .7 % from 2001,
representing the second consecutive year of s hrinking revenues . Revenues
from the City's sales tax, s l ightl y over $3.2 million. Together these
sales taxes consti tuted approximately 58% of the City's total revenues,
making Jacksonville a sales tax-dependent City.
Total operating and capital expenditures in 2002 was $14.5 million, up
only one-tenth of one percent from 2001, indicating the City did a good
job of holding the line on expenses for the year. Personnel costs, the
City 's l a rgest expense, were approximately $9.7 million or 67 % of the
total. At the department l evel , Police and F ire Department expenditures
were 33 % and 25%, respectively of the tota l General Fund expenditu r es .
The total fund ba l a nce o f the City's operating and capital project funds
at the end of 2002 was $13 .4 million of which approximately $11 million
dollars was reserved or designated for contingencies , future projects or
for the year 2003 budget.
The f und balance o f the General Fund at December 31 , 2002 was
approx imate ly $1.4 million, which represents approximate l y 46 days of
current operating expenditures . Based on the City's 2003 budget , the net
assets of the General F und should approximate 60 days of operating
revenue .
The fund balances of the Cap i tal Project Funds declined by $825,000 in
2002 to $4.8 million. Of this balance, all but $650,000 is allocated to
current or future projects or to the 2003 budget.
As revenues h ave decreased, the City has had to stop funding the Capital
Project Funds and draw down res erves in these funds that were built up in
past years during economic growth periods. Due to revenue shortfalls and
without a substantial new source of r evenue , the City may be forced to
dramatically sca l e back capital spending for infrastructure and equipment
and defe r capital maintenance cost to future years.
Our auditors' report expresses an unqual ified opinion on the general
purpose financi al statements of the City .
There were n o reportable condit i ons on interna l contro l or materia l
instances of noncompliance with laws and regulations relating to the
audit o f the financial statements .
Ther e were n o audit findings or quest ioned costs relative to Federal
grant award programs of the City for 2002 .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 1 7 , 2003
7:00 P.M . -7:40 P.M.
we have issued a management letter, inc luded with the annual report,
reporting on prior year and current year audit findings of an immaterial
nature.
The City 's Comprehensive Annual Financial Repor t has been submitted to
the Government Finance Off i cers Association of the United States and
Canada for cons iderat i on for a sixth Certificate of Achievement for
Excellence i n Financial Reporting. Currently , only 7 cities in Arkansas
are recipients of the award. We believe Jacksonville's 2002 CAFR meets
all of the requirements of the Certificate of Achievement program.
We believe a special recognition should go to the City 's Finance
Department and Finance Director for publishing a quality annual financial
report .
Finally, we want to express our appreciation to the City Council for
allowing us the opportunity to once again serve as the City 's auditors.
We value our business relationship with the City of Jacksonville . We
congratulate you on the fine job the City i s doing in the handl ing of thE!
City 's business .
Alderman E l l i ott commended Mr. Gerald Clark , Fi nance Director Paul
Mushrush and Accoun tant Cheryl Erkel for their work regarding the CAFE
Report.
Alderman Wilson joined with Alderman Elliott's sentiments, adding that
Jacksonville being one of only seven cities in the State that qualifie~;
for the CAFR award speaks for itself.
In response t o a question posed by Alderman Wilson regarding the defined
benefit Pension Plan through December 2001 and the actuar i al evaluation,
Finance Director Mushrush stated that it would require supplemental
information, adding that any newer information is not yet available .
Mayor Swaim noted that there were changes in the reporting requirements.
He clarified that one of the new report ing rules requires cities to
report their property tax revenues through the Gene r a l Fund, addi ng thai:
those monies a re actually d isbursed to the Po l ice and Fire Pension funds .
Alderman Wilson noted from page 63 of the CAFR t hat because revenue
expenditures and budgeting was held conservati vely there is approximately
$700,000 for Capital Improvement expenditures .
Mayor Sw a im referenced a National League of Cities article titled "Cities
Confront Tough Choices as Fisca l Condition De c l ine". He stated that with
changes in the economy, ci ties nationwide are be i ng forced into
generating new revenue because of Federal and State cutbacks, which
a ffect cities.
Alderman Sm ith stated that with cash flow declining in many funds, the
City may have t o look at other revenue sou r ces to fund projects such as
the Education Ce nter and the Outdoor Poo l p r oposal.
6
CITY OF JACKSONVILLE
REGULAR C~T Y COUNC~L MEETING
JULY 17 , 2003
7 :00 P.M . -7:40 P.M.
Mr . McAllister praised the City of Jacksonville from a financi a l aspect
regarding years of responsible controls established to safeguard City
assets and the responsible manner that programs we r e established
regarding expenditures a nd a setting of perimeters which has put the City
in a pos i tion to be able to weather some of these difficult economic
downturns. He noted that a lot of cities were not as well prepared .
In response to a question posed by Alderman Wilson , Mr . McAllister stated
that the Single Audit Section takes in the different Departments.
Finance Director Paul Mushrush added that under Federal law regarding
federal prog rams like CDBG, it is a requi r ement to bring all the federal
grants into a single audit.
b. DISCUSSION of ORDINANCE 1198 (#6-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5. 20 TO
PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE ; AND, FOR
OTHER PURPOSES.
Mayor Swaim rela t ed that the Ordi nance was d iscussed at the prior City
Council meeting. He noted a representative from the taxi companies,
adding that input from owners have been sought in t he i n terest of
fairness to them and the citizens. He stated that it has been difficult
t o draft a plan that pleases everyone , adding that he h ad asked City
Enginee r Whisker to design a graph regarding a recommendation for zones
across the City . He related t hat a previous zone recommendation plan was
found to be comp l icated with too many zones changes from one end of town
to the other . He pointed out that the zone recommendation plan s ubmitted
by the Ci t y is a simp l er, addi ng that however he is not sure it satisfied
all needs. He went on to say that there i s still the option that the cab
companies are current ly using, wh ich is a $4.00 flat fee charge for a
one-way trip anywhere in the City , instead of proposing zones or meters.
He pointed out that the graph demonstrates that a trip anywhere in the
City would be approximately $4.00 to $5 .00 . He stated that under the
proposed Ordinance the fee is based on $2 .00 for the first zone and .50
for each additiona l zone entered. He related that there has been no
consensus of agreement on rate charges f rom the cab comp anies . He
demonstrated that a fare from Northwood Acres to South Hwy 161 would cost
$4 .50. He stated that the cab companies may need an opportunity to
review the new graph regardi ng f u rther input .
Discussion ensued regarding the zones and charges, Mayor Swaim recognized
Mr. Don Pierce to address the City Counc i l.
Mr. Don P i erce, representing DJ 's Cab Company , related that Courtesy Cab
Company furnished the plans to him . He added that he presented the
proposal to his customers, who are against the comp l ications of zones .
He stated that his customers like to call a cab company and know up front
what the rate is , adding that a tri p across town is one set rate of $4.00
anywhere in town . He reiterated that his cus tomers are comfortable
knowing wh a t the rate is going to be before they even cal l a taxi.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 1 7 , 2003
7:00 P.M . -7 :40 P.M .
Mayor Swaim acknowledge that to be the simpler option t hat he spoke o f
earlier1 a flat fee. He noted that the Ordinance could b e amended as
needed given i nflation and gas pri ces .
Mr . Pierce stated that currently they are running mid-grade gas at $1 .52
per gallon, exp l aining that former cop cars are used be caus e they a re
stouter, a nd have stronger suspens ion and can h a ndle t h e abus e of
constant use.
In response to a ques tion posed by Mayor Swaim, Mr . Pierce stated that
h is recommenda tion would be a f lat fee, answeri ng that $4 .0 0 is not
really comfo rtable because for the last three consecutive months his
company has e xperienced a loss . He stated that t h e ma i n reas on for t h e
loss is car repairs and commercia l insurance a t a cost of approxima t ely
$1,200 monthly.
Alderman Wilson sugges ted that t he Ordinance set a ma ximum flat rate
charge of $5 .00 and l e t competition set local rates . He stated that he
supports the idea tha t the customer is aware of the rate charge before
calling a cab, adding that periodically the maximum can be adjus ted .
Mayor Swaim stated tha t h e wanted to s tress that t h e Ci ty Council is not
mandating a $5 .00 flat fee, but is setting a maximum al lowable charge .
Alderman Smith expres sed support fo r the fla t rate fee proposal .
It was clarified that a flat rate would cover any point wi thin the City
limits and Mr . Pie rce a dded that c urrent ly t hey c h arge an additional
$1.00 per stop for l onger trips .
Mayor Swaim pointed out that the fare is currently $4 .00 one -way.
Mr. Pierce stated that his company offers a $2 .00 discount for r o und-trip
fares and senio r citizen discounts.
In response to a que stion posed by Alderman Wilson , Mr . Pierce stated
that a fare from Jacksonville t o the Airport o r the Mall is $4.00 per
each city limits. He than added that because o f the size of Little Rock
they had been chargin g $25.00 but a r e adjust i ng the c harge to $20 . 00
because the new Hwy takes ten minute s off the trip .
It was the consensus of the City Council to have the Or d i nance reflect a
f lat fee rate charge of $5.00 maximum.
Ci ty Attorney Bamburg suggested that the City Counci l set a p u blic
hearing to adopt the Ordinance with amendments .
Mayor Swaim s tated that the publ ic hearing would be h eld at t he next
regularly schedu led City Council meeting on August 7 th .
Alderman Howard noted that the burned out house o n James Street has been
c leared.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JULY 17, 2003
7 :00 P .M. -7 :40 P.M.
Mayor Swaim related that the 4th of July Ce lebration hosted by local
Churches in conjunction with the City was an excellent progr am with good
representation from the Churches a nd the community. He sta t ed that i t
was well worth a tte nding.
APPOINTMENT (S) :
ANNOUNCEMENT(S):
ADJOURNMENT :
Mayor Swaim without objection , adjourned the meeting at approximately
7 :40p .m .
Respectfully ,
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
9
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
August 7, 2003 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)
(Animal Control)
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8. FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT:
13. PLANNING COMMISSION :
14. GENERAL: a .
Regular City Council Meeting
July 17, 2003
Regular City Council Meeting
June 19, 2003
Regular Monthly Report/July
City Engineer Jay Whisker
Regular Monthly Report/July
Public Works Director J. Oakley
PUBLIC HEARING: 7 :00 P.M.
ORDINANCE 1198 (#6-03)
Amending Jacksonville Municipal Code
5 .20 Promulgating Regulation for Ta x is
(Mayor Swaim)
b . PRESENTATION: Metroplan
Overpass Funding (Mayor Swaim)
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT:
c. Request to Accept Bid: Mulberry St reet
Widening (Mayor Swaim)
Crime Prevention Presentation
by North Little Rock City Attorney Suskie
prior to City Council meeting at 6 :00 p.m.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7 :00 P.M . -8 :07 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 August 7, 2003 at t h e regular meeting place of the Council.
Alderman Ho wa r d delivered the invocation and Mayor Swaim led a standing
audience i n the "Pledge of Allegiance u to the flag .
ROLL CALL: Al dermen: Elliott, Smith , Lewis , San sing, Ray , Fletche r , Stroud,
and Howard answered roll call . Mayor Swaim a l so a n swered ROLL CALL
declar ing a quo r um. PR ESEN T eight (8), ABS ENT (2).
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heath er Palerrni ti , Director of Admi n istration Murice Green , Finance
Director Paul Mushrush , City Engineer Jay Whisker, Director of Public
Works J i m Oakley , Human Resource Director Cha rli e Br ow n, Parks and
Recrea t ion Director George Biggs , Police Chief Ruthve n , F i re Chief
Vanderhoof , Mrs. Edith Smith , Mrs . Lendy Lewis , Mrs. Ad d i e Gi bson , Mr .
Larry Smith , interes t ed citizens and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented t h e minutes of t h e Regu l a r City Co u nci l meeting of
July 17 , 2003 for approval and/or corr ection at the next Regular l y
Scheduled City Counc i l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Howard that the minutes of the
Regular City Council Meeting of 19 June 2003 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ENGINEERING
Alderman Ray moved, seconded by Alderman Howard to approve the Regular
Monthly Engineering Report for July 2003 . Said report reflects :
PERMITS/LICENSE ISSUED
Building Permits
Business Licen se
UNSIGHTLY & UNSANITARY
Grass Letters
Propert y Mowed
Trash Let t ers
Trash Remova l
32
15
56
1 4
12
0
Cost f or April $ 8 1 3.00
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbi ng
VEHICLES
108
44
7 9
91
Not i ce of Noncompliance 10
Towed 0
CONDEMNATIONS
Structural Maint . Le t ters 21
Structural Repairs Made 2
De molitions 2
··. ···'OO fi OJ~ 9
·_ • .J. v ;-J;....,
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P .M. -8:07 P.M .
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved , seconded by Alderman Howard to approve t h e Regular
Monthly Animal Control Report for July 2003 . Said r eport reflects :
ADOPTION/FINES : $569 .00
CONTRIBUTIONS : $ 0 .00
TOTAL : $569.00
ROLL CALL: Aldermen : Elliott, Smith, Lewis, Sansing , Ray Wilson,
Stroud, Twitty, and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION :
GENERAL : a . PUBLIC HEARING ORDINANCE 1198 (#6-03)
AN ORDINANCE AMENDING JACKSONVILLE MUNICIPAL CODE CHAPTER 5. 20 TO
PROMULGATE REGULATIONS FOR TAXIS AND OTHER VEHICLES FOR HIRE ; AND, FOR
OTHER PURPOSES.
Mayor Swaim opened the public hearing at approximately 7:04p.m.
Mayor Swaim related that he had rece i ved a call from an elderly lady who
asked that her concerns be relayed to t he Council . He re l ated that she
had informed him that many of the taxis did not have air conditioning and
that one of the companies had dropped her o f f at Wal -Mart and did not.
answe r t heir phone when she tri ed to call them to come back and pick her
up . He stated that after thr ee hours she was fi nally able to cal l
someone for a ride home . He cautioned that the t axi companies should
respond to their phones, adding that she als o mentioned concerns
regarding charges per bag. He related that she had informed him that
some taxi companies are reporting t hat the City is making them charge
$5 .00 per person and .50 per bag , adding that is not a true statement .
He e xpressed reg r ets that mi sinf ormation is be i ng communicated, addin9
that the purpose o f the public heari ng is to provide the correct
information .
Mayor Swaim invited public comment from the audience, hearing none hE~
closed the public hearing at approximately 7 :06p .m.
DEVIATION IN AGENDA:
May o r Swa i m re l at ed that he woul d l i ke to deviate from the agenda to hear
from Mr . Jim McKe n zie from Me t roplan rega r ding issues concerning the
overpass. He stated that there has been a great deal of debate regarding
the ove r pass and the Graham Road Cross closing. He related that Mr.
McKenzie i s the Metroplan Board Executi ve Director that oversees Federal
Funding . He explained that the Board decides which transportation
pro j ects are funded and how they are funded for t h e met ro -area .
2
. ~.~00035 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P.M . -8:07 P.M.
He asked Director of Administrat ion Murice Green to highlight the City's
process to receive the Federa l g r ant.
Director of Administration Murice Green stated that he began with the
City in 199 5 and that d iscussions were underway regarding the overpass.
He reviewed that in 1985 there was a bond issued passed to construct the
overpass , b ut due to verbiage technicalities of the title, a lawsuit was
filed and the project was dropped. He stated that in 1994 and 19 95 the
campaign for an overpass began again, pointing out that the railroad
crossing was a safety hazard as well as an inconvenience regarding the
number o f trains that ran on a daily basis. He related that in 1996 the
City p repa red a package for Metroplan to review regarding federal
funding, and p rioritizati on . He went on to say that the City lost the
bid in 1996, but presented another package in 1 997 to Metroplan with
additional information and research . He then explained that there are
various issues judged regarding how a project is selected; adding that
one of those particulars is safety . He stated that the City's
application presented to the Committee at that time addre ss ed safety
issu es regarding the closing of the Ma in Street and Graham Road
crossings. He stated at that time , the City did receive funding for the
project . He reviewed that once funding was approved a concept for design
was developed with safety as the prime issue. He related that there were
at least five public hearings and many other presentatio ns to local civic
groups and clubs. He stated that the material he has o n file goes from
19 96 to 2003, including several clippings from newspapers that mention
the closing of Graham Road and Main Street cro ssings as part of that
issue. He related that the final publi cized public hearing was presented
by the Arkansas Highway Department at the Community Center and again the
closing of Graham Road and Main Street crossings were addre ssed . He
related that while the City has received several letters on issues since
that time , it was nothing that was not discussed, o r presented to the
public over a period of approximately seven years.
He went on to say that he would like to relate this to a current project
underway. He expl ained that he is currently handling the project for the
redevelopment of t he old Vertac si te, and that there have been three
publi c hearings with zero input from citizens . He added that most likely
when ground breaking beg ins complaints will start. He stated that the
City does everything possible to make al l the information available to
c itizens. He stated t hat the City always stri ves to do what is be st for
the City and the citizens involved.
Mayor Swaim recalled that there were 1 2 rail grade separations or
overpasses on the list for funding and that the City of Jacksonville was
graded #1 based on factors of traffic volume and safety i ssues.
In response to a quest ion posed by Alderman Sansing, Director Gree n
stated that the proposal to close Graham Road was in the 1997 plan
presented to Metroplan as well as part o f City Co uncil discussion in the
minutes around that same period of time.
3
-----------
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P .M. -8:07 P.M.
Mayor Swaim then clarified that the proposal to close Graham Road was
also a part of the public hear ings held.
Director Green stated that it was the same when the plan was being
developed based on the preliminary engineering studies regarding the best
locations, adding that it was open for public i nput and as a result,
there were three alternatives considered along with input regarding the
one-way street . He stated that all issues were addressed and made
available to the publ ic.
Mayor Swaim re l ated that he has asked Mr. McKenzie to come and offer
input as to how it affects the City's re l ationship with Metroplan and the
Federal and State Highway Funding issues.
Mr . McKenzie complimented the City on the wonderful grade separate on
Mai n Street and that it was the first of 12 identified in the
Metropolitan area that was funded and is the first completed. He
credited Mayor Swaim's perseverance and tenacity toward the p roje ct . He
stated that Metroplan adopted the 12 grade separations as part of their
long-range regional transportation plan resulting from public demand
because communities were split by railroad tracks and increasing railroad
traffic, adding that hospitals were separated from communi t i es, schools
from homes, fire stations from residences and businesses. He related
that there was a strong felt need around the region . He pointed out that
in 1997 when the 12 grade separations were adopted by Metroplan costs
were estimated at approximately 55 million dollars, adding that by the
time they are all completed it will be closer 75 million. He stated that
Metroplan receives approximately 6 million annually designated to the
metropolitan area; pointing out that in relation, any one-grade
separation is a sizable investment to make . He went on to explain that.
12 grade separations were competing to be the first funded; adding that
when Jacksonville made its proposal it was premised on both Main Street
and Graham Road being closed. He related that when Metroplan ran the
transportation model to determine traffi c volume and grade separatior.
costs i t was premised on both crossings being closed regarding the poor
safety record at both grade separations that rated high. He stated t hat
the project was approved for funding while eleven others were not.
He r elated that the Metroplan Board consists of 25 members, 19 mayors, ~
County Judges and a representative from the Hi ghway Department ancl
Transit Authority. He went on to say that all the members have agreed to
one set of rules that they strictly adhere to; explaining that when a
city makes a p re sentation in a competitive setting, the Metropo litan
comm unity expects them to do what they have said they would and that i~;
the situation here . He then related that Jacksonville has another grade
separation at J.P . Wright Loop on the list. He questioned wha t would
happen if a few months after the Main Street overpass was opened,
Jacksonville retracted its word. He added that firstly, it would bE~
uncharacter istic of Jacksonville, which has a stellar reputation in thE~
Metropolitan community; but hypothetically without speaking for the other
elected officials, he stated that he can safely say that "future projects
that Jacksonvil l e proposed for funding would be looked at with the
4
CITY OF JACKSONVILLE
REGULAR CITY COUNC IL MEETING
AUGUST 7 , 2003
7 :00 P.M. -8:07 P.M.
knowledge that what you see is not necessarily what you get" and t h at
could affect the compet itive nature regarding projects to be funded .
He re l ated that anytime there is a chang e regarding traffic patterns
there is going to be an impact on some business. He stated that
Metropl an staff looks at d iffe rent types of business and the different
impacts on those various types of b usiness. He stated that in this
part i cular inst a nce , there are mostly de stination businesses rather than
convenience busine sses that depend on drop i n traffi c . He wen t on to say
that at least some initi al drop in business is expected creat ing some
pr ivate sector impact. He advised that what you , as elected o ff ices ,
then have to do is weigh if there is a great er publ i c good to be
achieved . He continued, is the safety in keeping the Graham Road
crossing c l osed , except for emergencies, great er than the impact on the
private sector . He relat ed that as a techni ca l staff recommendati on , he
wou ld say that Metroplan would recommend c l osing that grade c ross i ng . He
pointed out that "it makes no sens e to have that grade crossing literally
within a block or two of a grade separation from a safety standpoint , or
from a mobility standpoint".
Mayor Swaim opened the floor for questions from the Council members . He
stated that there would be no way to be s ure, but h is only question would
be that i f the City h ad not agre ed to close the Graham Road crossing ,
given that the project was not funded the first time, where would
Jacksonville rank t oday as far as getting the overpass built.
Mr . McKenzie responded that he believes it wou l d h ave significantly
impacted the traffic numbers , wh i c h cou ld have c hanged the ranking .
Mayor Swaim stated that i t could h ave placed the p ro j ect years down the
road , n ot ing that t h ere is not a n other one started .
Mr. McKenzie r elated that ther e are a few that have star ted with State
funds and that Metroplan has been able to invest in some planning and
right-of-way acqu i sition, but for a route tha t is not a State Hi ghway
su c h as with Jacksonville that is the exception rather than the rule .
Discussion e n sued regarding the Cabot overpass ; Mr. McKenzie related that
although i t was looked at close l y i t is not to be located downtown,
because it would have taken out t oo much property . He added that they
are l ocat ing it on the north side of downtown, trying t o get a local
street c h anged into a S tate Highway. He related that the engineering
work is complete d , but funds for r i ght-of-way or construction as not been
allocate d ye t.
Alderman Fletcher questioned if the crossing in Cabot that is t he re n ow
is going to be affected, asking if t hat was a contingency for them.
Mr. McKenzie stated that it was not because it is a significant distance
away.
5
·o·,o· A "·~-(' . . . HJ:d:~,u;o I• ,\:...,;, •.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P.M . -8 :07 P.M.
Mayor Swaim noted that there were a number of businesses displaced by the
overpass , adding that some had to go out of business. He added that some
property owners were not pleased with the appraised value of their
property by the Arkansas Highway Department. He went on to say that the
City has great sympathy for those businesses and the businesses that have
problems now. He related the difficulty when you strive to do a project
to improve the entire community , but it creates a problem for some . He
related that he had received a call from Mr. Taylor of Taylor Electric
who expressed that he did not want the Graham Road crossing reopened,
saying that not everyone in that business area desires to have it
reopened. He thanked Mr. McKen zie for responding to concerns .
Mayor Swaim then noted that there had been open discussion by the City
Council and that the Council consented to both crossings being closed if
necessary. He pointed out that the issue has been addressed by t he
Council in front of the press and public, adding that there are times
when you have to make decisions that you might not otherwise make under
different circumstances.
Mr. Jim Spurland co-owner of Emily's Magic Wash stated that his business
is located next to the Graham Road block. He stated that one of the main
issues being discussed has been safety, adding that he sees an area that
is going downhill. He projected that the abandoned convenience store i s
going to stay vacant and related that his business income is down by SC
percent. He stated that the fish market is looki ng for a p l ace to
relocate. He related that the area is turning into a slum area a n d as
such, it invites crime and drug activity, adding the value of propert y
has decreased. He stated that one of the main r easons the overpass was
constructed was safety, adding that he fee l s the overpass is fantastic:
and does not have any complai nts about the overpass, but added t h at not.
only is it an inconvenience to close Graham Roa d, but it invites crimE:
into the area. He stated that a Poli c e Officer re c ent ly told h i m that
the Police Department was caught off-guard and did not know the Road was
going to be closed, adding that the Officer had stated it was a p roblent
area because now the Police would have the difficulty of getting i n and
out of the area.
Mayor Swaim requested the Officer's name.
Mr. Spurland declined to give the Officer's name, and went on to say that:
they use to see Police cars in the area all the time and now they are
very rarely seen. He stated that 99 % of the traffic o n Graham Road is
going away from his business . He noted that while it may be true his
business is a destination type business, peopl e that have been coming for
years in the evening feel unsafe and will not come. He stated that the
Ci t y is putting him and others out of business , bringing down property
values, and inviting drugs and crime into the area. He stated that if
the big reason for closing was safety, from his v iewpoint, it is a simple
fix, even if the City does not want to go back on its word, just o p en up
Graham Road .
6
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7 :00 P .M. -8 :07 P.M .
Mayor Swaim stated that it sounds simple , but as previ ous l y mentioned the
application was based on the crossing being closed and if the City goes
back on its word there could be a reclaim of the four million dollars and
future federal f unding would be suspect.
Mr . Spurland quest ione d the safety factor in this.
Mayor Swaim clarified that it is a transportation safe ty issue.
Mr. Spurland stated if two people are murdered in that area , how does
that a ffect it; explaining t hat a life is a life whether they are killed
at a traffic crossing or not.
Mayor Swaim related that he has spoken with the Chief Vanderhoo f and
Chief Ruthven on severa l occasion s regarding issues o f that area and
neither of them have expressed a problem getting Police cars in or out of
the area. He went on to say that Ch i ef Vanderhoof has clearly stated
that if reopened the City will not run fire t r ucks that way because it is
not a guaranteed c r oss i ng. He then pointed out Mr. Spur l and 's b us ines s
experien ced a greater traffic volume during the two year construct i on
pe riod, noting that Mr. Spurland purchased the business late and the
number of cars included traff i c that wou l d have used Main Street . He
re l ated that if t he crossing were reopened the traffi c count would go
down by at least 2/3 than p r evious l y experienced.
Mr . Spurland stated that it would improve some because p eople wo u ld see
the business. He re l ated that his business would be easier to get to,
adding that some people do not come by t here because i t is difficult to
ge t to.
In response to a question posed by Mayor Swa im, Mr. Spurland responded
that there is not another l aundry mat on that s i de of the track, adding
that t hey go to the laundry mat in the center of town. He stated that his
main issue is that the City sees it as a safety issue for citizens. He
hypothesized that visitors stay in town a t hotels , they l ook for a place
to have their laundry done and drive to that a rea, and if there i s not
any traffic going by or parked cars outs ide they are not going to s top.
He stated that when fa ll comes and it gets dark early, there wil l be
nobody there .
Alderman Ray expressed empathy for Mr. Spurland , but stated that
development of Main Street , the overpass and the one-way str eets was done
to extend Ma i n Street eastward for deve lopment . He went on to say that
the City did not close that part of town, but closed the crossing because
it was t h e best way . He stated that it is felt that part of town is
going to develop in time. He posed the quest i on if the peop l e can hold
out until it develops , pointing o ut that the people held out unti l the
overpass was approved and bui lt.
Mr . Spurl and acknow l edged that it may develop , but that there is no way a
business will come in his area when 99% of the traffic is divert ed away
from that area .
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7:00 P .M. -8 :07 P.M .
Alderman Stroud offered that public confusion might be able to be cleared
up if the City would adopt an ordinance to close the street officially .
Mr . Spurland stated to his understanding the Cit y Council has to vote to
close a street.
Mayor Swaim agreed, clarifying that the City did not clos ed the street .
Mr. Spurland pointed out that there is a big sign saying "Road Closedu on
both sides of the crossing.
Mayor Swaim acknowledged , saying that it is closed to t h rough traffic .
He explained that when the City closes a street or road the land is
divided between any adjacent property owners , wh i ch is reason t he City
Council passes an Ordinance. He stated that when an Ordinance is passed
it means that t he road no longer exists and the propert y no longer
belongs to the City as a street right-of-way .
City Attorney Bamburg clarified the sign posting, saying that the "Road
Closedu sign is for traffic and public safety purposes. He explained hat
the City has a responsibility and duty to ensure tha t appropriate traffic
patterns are observed in all cases throughout the city . He stated that
when the City Council passes an ordinance, although t he same termin ology
is used, it has an entirely different meaning j u st as much of the Englis~
language does. He stated that from the perspective of the City, i t is
abandoning its interest in the property and the property reverts to the
adjoining property owners . He related that this has not occurred and it
will not until the City Council acts. He clarified that the ability t o
close a road, put up a barricade, and declare the road closed t o traffic
does not take Ci ty Council action .
Alderman Fletcher expressed his concerned , acknowledging some of Mr.
Spurland 's points of argument regarding the area 's possible fu ture and
proposing that the area needs to be stimulated regarding some type of
activity. He stated that he felt one of the greatest stimulants wou l d bE!
a convenience store, pointing out that the next closest convenience storE!
is Buck 's on Military Road. He stated that he felt the business would do
well given the number of people that live in the area . He suggested, if
possible the City work a speci al enterprise zone, install more street
lighting, work to get the empty building l eased and consider moving a
police substation into the area. He called for some type of proactive
plan to lessen the blow to the area and attract more business. He
referred to the pre -Council presentation regarding nuisance areas .
Mayor Swaim stated that he would love to see the building l eased, but
added that when Graham Road was open to traffi c no one was interested in
opening the store. He stated that the City is certainly interested in
attracting people to that area as well as al l over t he City. He
expressed his concerned that talk portrays that the City is closing a
huge area and making it a restricted area. He pointed out that are
business li ke Mr. Taylor 's that are going to stay and operate. He stated
that he would be interested in hearing ways to stimul ate the area.
8
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7:00 P.M. -8:07 P .M.
Mr. Gerrick Fe l dman a sked if the City reserved the right to reopen the
crossing if there were p r oblems .
Mayor Swaim related that the statement was if it created a traffic
probl em, then the Ci t y reserved the right to reopen.
Mr . F eldman stated that h e understood that if there were any complaints
then the City would r econsider.
Mayor Swaim clarified that i f the r e were traffic problems.
Mr . Feldman stated that his feeling is that there could be economic
bl i g h t in the area , creating a decrepit situation. He stated that he
does not believe it i s going to work, adding that the overpass is great
but there a r e many hardships being created and it could create more
crime . He r el ated that his business has experienced more vandalism in
recent months. He mentioned that they have experienced panhandlers
comin g by , saying that he is not sure if one is r elated to the oth er but
h e is concerned a bout the future of the area.
Mayor Swaim reiterated you have to measure the impact of busine ss owners
who went out of business as a sacrifi ce in order to have the overpass.
Alderman Sansing stated that he was on the City Counc i l at that time , and
remembers some discussion, adding that from t he beginning he voiced his
personal opposition to the closing of the Graham Road crossing. He
stated that he has a l ways been opp osed to the closing , adding that he was
always under the impression that it was a temporary closing . He
ref l ected that maybe his inte r p r etation of what he understood as
tempora r y was different than what is intended , adding that he wanted to
go o n the record that he was opposed to it f r om the very beginn ing , but
is on l y one vote out of ten.
Mr. Myron Roberts questioned i f the Fire Depar tment is not wi lling to use
the Graham road crossing if reopened , and if the Department uses the Lo o p
Road crossing can i t be considered the same.
Chief Vanderhoof re l ated that if the Fire Departmen t u ses the Loop Road
crossing a n d a train goes through then the ambulance or fire truck is
blocked temporar i ly . He stated t hat the Fire Department has to use a
route that is going to be open, which is the overpass . He s t ated that
before t he overpass the F i re Department had to take a chance, adding that
other stations and Firefighters are depending on us to get there as
quickly as possible , so our standard route will be the overpass.
Mayor Swaim stated that if a fire occurred in the Loop Road area , the
Taneyville stati on would respond and Stat ion 2 would r e spond over the
overpass.
Mr . Spu rland stated that everyone l ikes the over pass; the issue is if
Graham Road has to be closed . He added t hat by deciding to keep Graham
Road closed t he City is i nv i ting crime and r u n down areas . He stated
9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P .M. -8:07 P .M.
that to him it seems that the bottom line is about money, saying that if
the road is opened the City might lose the money. He stated that he does
not feel that the main reason he is hearing is safety . He stated that i f
safety is an issue , it could be a big problem once the Road i s closed for
a l o ng time. He stated that it would be and area that is deteriorating
with people being injured and that all he can see that t h e City is
worried about l oos ing the money for the overpass.
Mayor Swaim related that the impo r tant issue missed here is that the City
wo uld never have gotten the overpass based on keeping Graham Road open.
Mr. Spurland count ered that the City did get the overpass and while it is
true you did say that you would close the road, now can you not say that
the clos u re is causing a hazardous and unsafe area for our cit i zens .
Mayor Swaim re-c l arif ie d that the safety i ssue judged was a
transportation safety issue, which is a totally di f ferent issue . He
stated that if used as an a rgume n t the City wo uld be told that i t is our
respons i b ility to provide Police protection for that area. He related
that transportation safety was the defining issue.
Mr . McKenzie rei t erated that it is a question of weighing the private
int erest against the greater public good . He stated that he believes
that it i s a gross over statement to claim that no business wil l ever
succeed in the area. He went o n to say that i t may not n ow be an
appropriate place for a l aundry mat, but there are businesses there that
will be successful, and that t h e re are businesses that can r elocate t here
and be successful . He pointed out that i t is a Police power that the
public exercises in do ing th ings like this and t hat you have t o weigh
these kinds of i ssues. He related that from a staff standpoint, he still
ma inta in s that t h e greater public good was bu ilding the ove r pass and
closing Graham Road , adding that he wou l d recommend t hat the Ci ty keep it.
closed.
Mr . Myron Roberts stated the newspaper reported that it was going to be 2.
temporary closing and nothing about it being perma n ent .
Mayor Swaim reiterated that the statement was based on it being temporary
to see if it created a traffi c problem and it has not , it has created an
econ omic prob l em t hat we a ll acknowledge.
Mr. Ron Powell co -owner of the l aundry mat, stated that he noticed that
there was no agenda about the Graham road crossing .
Mayor Swaim related that the i ssue is a presentation regarding the
overpass funding.
Mr . Ron Powell stated that he a l so noticed that t h e Ci ty brou ght someonE~
to make the City 's point, but no one was invited for the other side .
Mayor Swa i m stated that Mr. Feldman was aware of the issue and that it
was published i n the paper under the overpass funding.
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7 :00 P .M. -8 :07 P .M.
Mr . Ron Powell stated that he does not believe the common person is going
to know that the overpass funding means Graham Road Crossing. He went on
to say that he does not think it is a business thing , but a safety issue
regarding access to the p l ace . He stated that there are no Police there
anymore. He related that he had t old the Chamber of Commerce that he had
alarms go of f by mistake about two months ago just after the road closed,
saying that ADT called the Police and that 20 minutes l a ter still no
Police. He stated that before they were right across the road and
available in no time.
Mayor Swaim stated that he does not want to belabor the issue, but if Mr.
P owe ll is trying to relate that because of the crossing , the Police
refused to come or that it would take 20 minutes to get there , that is a
terrible argument.
Mr. Powell stated that it is not really an argume nt, it is a fact of what
happened . He added that another point is that the only people that the
closing will help is the taxi people , going to the fitness center is an
extra six blocks now , charging $5 .00 instead of $1.00.
Mayor Swaim stated that the taxi rates are a flat fee.
Mr. Powell interjected that obviously he was being facetious , saying that
for him to get to his business it is a fi ve or ten minute extra drive .
Mayor Swaim stated that he has driven the overpass several times and i t
ha s never ta ken over three minutes even with being stopped by the l i ghts .
He stated that he would gladly d rive Mr . Powell t o see if it takes
l onger . He stated that he is sorry about the mi sunderstandi ng, say i ng
t hat the perception is that he adamantly does not want to open the
crossing just because he does not want to, saying that is just not true.
He related that there are responsibilities i n government that may not be
what we would choose. Explaining t hat as Tommy Swaim, he might make a
different decision; but as Mayor, he made a commitment. He stated that
the City received the grant based on closing the Graham Road crossing and
that h is feeling is that the City Co un ci l and Administration has a
responsibility to live up to that commitment . He stated that he is not
being stubborn to believe i t needs to remain closed , but that it is
something tha t that has t o be done. He stated that if the City did not
keep its word the Metroplan Bo ard Members would never trust anything
proposed by Jacksonville again. He pointed out a l ong list o f issues
such as the widening of Graham Road to four l anes , which is coming up .
He stated t hat the Ci ty a l ready has the money to complete the engineering
study; adding that opening the crossing puts other projects in jeopardy.
He stated that as a citizen of Ja c ksonvill e he wou l d not want the May or
and City Council to do that. He of fer ed City Council an opportunity to
proposed different action at this time.
No alternative action was proposed and the City Co un cil continued
discussion regarding the proposed Tax i Ordinance .
RE:SUME AGENDA :
11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
AUGUST 7 , 2003
7 :00 P .M. -8 :07 P .M.
Mayor Swaim noted that the Ordinance would be considered as amended.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1198 be
placed on FIRST READI NG . ROLL CALL : Alderman El lio tt, Smith, Lewis,
Sansing , Ray, Fletcher, Stroud , and Ho ward voted AYE . NAY (0). MOTI ON
CARRIED . Wh ere upon City Attorn ey Bambu rg read t he heading of Ordinance
1198 and s t a ted that in t h e reading it includes an om ission on page three
of the Ordinance or page f ourteen of the agenda , of subsection A
regarding Zones, and r e moves, in subsection B Charges on page four of the
Ordinance or page fifteen of t he agenda, t he l a nguage "in one zone to a
destination within the same zone".
Mayor Swaim noted that the original Ordinance ca l led for sepa rate fees
for bags a n d luggage, which has b een removed .
City At torney Bamburg read section B Charges, to be amended as fo l lows :
For transportation of passengers (s) from a p oint of origin within the
City will re sult in a charge of up to Five Dollars ($5 .00) per one way
trip within the City .
Mayor Swaim stated that it is n ot meant to be int erpreted that t h e taxi
companie s must charge five do l lars, t h e City is not setting the fee,
competition wi l l set the fee.
In response to a question posed by Mr. Myron Roberts, Mayor Swaim related
that the Ordinance does not set a minimum fee, but added that i t would be
upsetting to le arn that citizens were be ing charged $5 .00 per one way for
a two-block trip. He stated that i s not the intent of the Or dinance,
adding t h at the i ntent of the Ordinance i s to allow the t axi compan ies to
charge fares that wi ll allow them to make a living . He stated t h at if
competition is over charging , the cus t ome r might not cal l them back . He
clarified that if a taxi were to p ick up a customer at Hwy 107 near the
General Samuels area and take them to Graham Ro ad on the other end of
town you can charge up to five dollars, but if a customer were picked up
at Wal -mart and take them across the freeway t o the TCBY shop you do no t
have to c h arge five dolla rs. He stated that there should not be any
confus ion ; the City is not setting a five -dollar fee but a maximum
c harge.
Mr. Roberts requested clarification regarding the mi nimum age for
insura nce on drivers; he related t hat insurance would not cover a driver
if they were less tha n 21 years of age.
Mayor Sw a im re lated that Ci t y Attorney Bamburg has noted t hat minimum age
of 21 to be a State statute.
Discus sion ensued regard the requirement for an applicant to submit p roof
of company insurance .
Mr . Rober ts explained that he i s h i s only employee and requested Sunday
t o close for vehicle maintenance, noting t ha t the Ordi nance requires a
taxi company to be open seve n days pe r week .
12
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7:00 P.M . -8 :07 P.M .
Mayo r Swaim noted that the Ord i nance requires a tax i company to be
avai lable twelve (12) hours a day, seven (7) days per week .
Mr . Roberts stated that his customers are aware that he is closed on
Sundays . He noted that the other taxi companies work 24 -ho urs.
Mayor Swaim exp l ained that the requ irement could not be r emoved or
acceptat i on made to without i t being offered to the o ther taxi companies.
Mr. Roberts contin ued to cite tha t he is his on l y employee and can not
run everyday .
Mayo r Swaim reiterated that the Ordinance has to be appl i ed across the
board and if acceptations were made , all the tax i companies could at some
point choose not t o of fe r service on Sunday . He sugge sted that Mr.
Roberts develop a lar ger cus t ome r base and hire an additional driver .
Di scussion conti nued with Mr . Robe rt s requesting specia l compe n sation
rega rding the service day requirements a nd several Aldermen and Mayor
Swaim re i terating that special compensation cannot be granted to one taxi
company wi t h out be ing provided to all.
Mr. Roberts questioned if maintenance down t ime would be held ag ains t
him , he was assured it wou l d not .
He again questioned i f he could close on Sunday if he transferred his
calls to other taxi companies .
Mayor Swaim responded that he wo uld need to have an agreement with the
othe r taxi companies to willingly assume h is calls.
Mr. Roberts sta t ed that he could leave a message to cal l another taxi
compa ny on his answering machine .
Mayor Swaim stated that would not be sufficient.
Mr . Roberts count ered that it gives the cus t o mer another number to call
f or a tax i.
Mayor Swaim related to Mr. Robert that it was his company that the
elderly lady had comp l ained about when she was n ot able to get a ride
from Wal-Mar t after being dropped of f t h ere by him.
After be i ng offered opportunity t o amend , there was n o action by the City
Coun c il to amend Ordi nance 1 198 to grant ·special compensation to Mr .
Robert's taxi company.
Al derman Stroud moved, seconded by Alderman Smith t hat Ordinance 1198 be
APPROVED on FIRST READING.
Mayor Swaim offered opportun i t y for p ublic comment , being none rol l call
was taken.
13
000 2G4
ROLL CALL : Alderman Elliott, Smith,
Str oud, and Howard voted AYE . NAY (0).
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 7 , 2003
7:00 P.M. -9:07 P .M .
Lewis , Sans ing , Ray,
MOTION CARRIED .
F letcher,
Alde r man Stroud moved, seconded by Alderman Lewis t h at Ordinance 1198 be
placed on SECOND READING. ROLL CALL : Alderman Ell iott , Smith, Lewis,
Sansing, Ray, Fletch er , Stroud, and Howard voted AYE . NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1198 .
Alderman Lewis moved, seconded by Alderman Howard that Ordinance 1198 be
placed on THIRD and FINAL READING. ROLL CALL: Alderman El l iott , Smith,
Lewis, Sansing, Ray , Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City At torney Bamburg read the h eading of
Ordina nce 1198 .
Alderman Smith moved, seconded by Alderman Le wis that Ordinance 1198 be
APPROVED AND ADOPTED . ROLL CALL: Alderman E lliott, Smith , Lewis,
Sansing , Ray , Fletcher, Stroud , and Howard voted AYE. NAY (0). MOTION
CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1198 THIS 7 TH DAY OF AUGUST 2003.
Mayor Swaim noted that the Ordinance wou l d go into effect 30 -days from
passage.
c. Request to accept bid for the Mulberry Street widening
Mayor Swaim related that when the overpass was built, traffic patte rns
were dive rted. He related that orig ina lly it was planned to open Secon d
Street to Hwy 161 , but that became a very expens ive proposition with b i d s
coming in at approximately $400,000. He stated that with City Engineer
Whisker 's help an alternate route was des igned that would allow traffic
to flow to Second Street and onto the overpass. He stated t h at t h e bid
would improve t he short b l ock area of Mulbe rry Street . He pointed out
that the low bidder is Burkhalter Technica l Inc ., adding that City
Enginee r Whisker is in agreement with the l ow bid . He stated t hat
$15,000 would be drawn from CDBG funds and the balance of $46 ,211 .20
wou l d be drawn from t he Capital I mprovement F u nd.
Alderman Howard moved, seconded by Alderman Sansing to accept the low bid
from Burkhalter Technical Inc. in the amount of $61,211 .20 with funds t o
be drawn as previously stated. MOTION CARRIED .
APPOINTMENT (S):
ANNOUNCEMENT(S): Chief Ruthven offered that Ci ty Co uncil a n opportunity
to view the new decal design for police units i n the rear parking lot
follow ing the City Council meeting.
1 4
·-
CITY OF JACKSONVILLE 000285
REGULAR CITY COUNCIL MEETING
AUGUST 7, 2003
7 :00 P.M . -8 :07 P.M .
In response to a question posed by Alderman How ard, City Attorney Bamburg
related that he has been in contact with the City Attorney from North
Little Rock and have agreed to use the same form for liens.
Alderman Stroud stated that many of the o ffenders have discovered that
the City can have grass mowed at a cheaper rate than if they contract the
job for themselves. He asked that considerations for filing of liens be
expedited.
City Attorney Bamburg related that filing of the lien will accomplish
have it on record , but it does not guarantee the City will collect . It
was noted that it wou l d depend if the person does pay their taxes.
In response to a question posed by Alderman Fletcher regarding
topogra phical map requirements regarding drainage on major commercial
developments, City Engineer Whisker related that the restaurant
development on Marshall did file a drainage plan , which was subsequently
changed causing four-day delay . He stated that it amounted to a change
in regard to l ocation of a pipe .
Alderman F letcher expressed concern for the development of phase II of a
recently approved subdivision regarding approval for the sewer, n oting
that the Wastewater Department is only allowing an additional 28 lot to
the exist ing pump station. He questioned plans to keep the growth moving
in the west part of Jacksonville.
Mayor Swaim stated that there is a p l an by the Wastewater Department,
recalling that the City Co uncil approved a rate schedu l e increase last
year, which included a 1.5 million dollar outfall line to be constructed
in west Jacksonville to be comp l eted in 2004 or 2005 . He stated that he
has been in recent meetings wi th the Wastewater Department to escalate
the timetable if possible, but added that t he funding has been set for
2004 to be completed in 2005 . He concluded saying that every effort is
being made to being at an earlier timeframe. He stated that enough funds
have been identified to have the preliminary work completed and possible
start the west fall line in the beginning of 2004 .
ADJOURNMENT :
Mayor Swaim without objection, adjourned the meeting at approximately
8 :07 p .m .
Respectfully,
Susan L. Davitt MAYOR TOMMY SWAIM
City Clerk-Treasurer
15
City Council Of Jacksonville, Arkansas
AGENDA 00 00 01
Regular City Council Meeting
August 21 , 2003 7:00 P .M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4. APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
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: a.
b .
c .
14. GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
Regular C ity Council Meeting
August 7 , 2003
Regular City Council Meeting
July 17 , 2003
Regular Monthly Report/July
(Chief Wayne Ruthven)
Regular Monthly Report/July
(Chief John Vanderhoof)
ORDINANCE 1201 (#9-03)
Reclassifying Property at 421 South Hospital
To R-2 for Pathfinders , Inc. (Mayor Swaim)
ORDINANCE 1200 (#8-03)
Reclassifying Property at 2711 T.P. White to
C-3 (Mayor Swaim)
FINAL PLAT of Northlake Subdivision PH IX
(Mayor Swaim) (Plat Included in Packet)
ADDITION TO AGENDA:
Request to Accept B id/Parks and Recreation
Non-skid flooring for the locker rooms
PRESENTATION : Regional Solid Waste
Management District (Mayor Swaim)
City Hall will be Closed, Monday, September 151
for Labor Day
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21, 2003
7 :00 P.M . -7:35 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Counci l of the City of Jacksonville , Arkansas met i n Regular
Session on August 2 1, 2003 at the regular meeting place of the Council.
Alderman Ray delivered the invocation and Mayor Swaim led a standing
audience in the "Pledge of Allegiancen to the f lag.
ROLL CALL : Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher,
Twitty, and Howard answered rol l call. Mayor Swa im also answered ROLL CALL
declaring a quorum . PRESENT eight (8 ), ABSENT (2). Aldermen Stroud and
Lewis were absent .
Others present for the meet ing were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administration Murice Green,
Director of Human Resources Charlie Brown , F inance Director Paul
Mushrush , City Engineer Jay Whisker, Director of Public Works Jim Oakley,
Parks and Recreation Director George Biggs, Police Chief Ruthven, Fi re
Ch i ef Vanderhoof, Mrs. Judy Swaim, Mrs. Addie Gibson, Mr. Tommy Bond, Mr.
Tommy Du pree, Mr. Mike Clayton, Mr . Larry Smith, interested citiz ens and
members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented t h e minutes of the Regular City Council meeting o:E
August 21, 2003 for approval and/or correct i on 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 17 July 2003 be APPROVED . MOTION
CARRIED.
CONSENT AGENDA:
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Sansing moved, seconded by Alderman Elliott to approve the Regular
Monthly Report for July 2003. Said report reflect s the Total Value of
Reported Stolen Property $100,427 . Total Value of Recovered Stolen Property
$74,590 and Total Report Sales $382 .00 .
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Sansing moved, seconded by Alderman Elliott to approve the Regular
Monthly Report for July 2003 from the Jacksonville Fire Department, which
reflects a fire loss of $110,300 and a savings total of $106,000.
ROLL CALL: Aldermen : Elliott , Smith, Sansing, Ray, Wilson, Fletche~
Twitty, and Howard voted AYE . MOTION CARRIED.
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
1
STREET DEPARTMENT:
PARKS & RECREATION:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21 , 2003
7 :00 P .M. -7 :35 P.M .
PLANNING COMMISSION : a. ORDINANCE 1201 (#9-03)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION : 421 SOUTH HOSPITAL DRIVE, JACKSONVILLE , ARKANSAS);
AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY
OF JACKSONVILLE, ARKANSAS ; AND , FOR OTHER PURPOSES.
Alderman Elliott moved, seconded by Alderman Smith that Ordinance 1201 be
placed on FIRST READING.
City Engineer Whisker related that the petitioner Pathfinders is planning
to deve l op duplexes south of the existing duplexes on South Hospital,
more specifically on the corner of South Hospi t a l and School Drive. It
was noted tha t there was not opposition to the rezoning request at the
Planning Commiss i on Public Hearing.
ROLL CALL : Alderman Elliott, Smith, Sansing, Ray, Wi lson, Fletcher,
Twitty and Howard voted AYE . NAY (0). MOTION CARRIED . Whereupon Ci ty
Attorney Bamburg read the heading of Ordinance 1201.
Alderman Smith moved , seconded by Alderman Howard t hat Ordinance 120 1 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott , Smith, Ray,
Sansing, Ray , Wilson, Fl e tcher, Twitty and Howard voted AYE . NAY (0).
MOTION CARRIED.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance 1201 be
placed on SECOND READING. ROLL CALL: Alderman Elliott, Smith, Sans i ng,
Ray, Wilson, Fletcher, Tw itty and Howard voted AYE. NAY ( 0) . MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1201.
Alderman Smi t h moved, seconded by Alderman Sansing t hat Ordinanc e 1201 be
place d on THIRD and FINAL READING. ROLL CALL: Al derman E l l iott, Smith,
Sansing, Ray , Wilson, Fletcher, Twitty and Howard v o t ed AYE . NAY (0).
MOTION CARRIED . Whereupon Ci t y Att orney Bamburg read the heading of
Ordinance 1201.
Alderman Ray moved, seconded by Alderman Sansing that Or dinance 12 01 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Smith, Sansing, Ray,
Wilson, Fletcher , Twitty and Howard voted AY E . NAY (0). MOT I ON CARRIED.
ORDINANCE APPROVED , ADOPTED AND NUMBER 1201 THIS 21 st DAY OF AUGUST 2003.
b. ORDINANCE 1200 (#9-03)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE , ARKANSAS
(GENERAL LOCATION: 2 711 T . P . WHITE DRIVE , JACKSONVILLE , ARKANSAS) ;
AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY
OF JACKSONVILLE, ARKANSAS ; AND, FOR OTHER PURPOSES.
2
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21 , 2003
7 :00 P .M. - 7 :35 P .M.
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1200 be
p l aced on FIRST READI NG.
City Engineer Whisker noted that the property is located adjacent A&D
Glass Shop and US Pizza Company on T.P . White .
ROLL CALL : Al derman E llio t t, Smith, Sans i ng , Ray, Wilson, Fletcher ,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City
Attorney Bambu r g read the h eading of Ordinance 1200.
Alderman Ray moved, seconded by Alderman Howard t hat Ordinance 1200 be
APPROVED o n FIRST READING .
In response to a question posed by Alderman Wi l son , City Engineer Whisker
related that there was no opposition at the public hearing hosted by the
Planning Commission . He then answered that the property adjacent on the
south side (U S Pizza Company) is zoned comme rcial and the property to the
north i s z oned C-1 .
ROLL CALL : Alderman Elliott, Smith,
Twitty and Howard voted AYE. NAY (0).
Sansing , Ray , Wilson,
MOTION CARRIED.
Fletcher,
Alderman Sansing moved , seconded by Alderman Ray that Ordinance 1201 be
placed on SECOND READING . ROLL CALL : Alderman Elliott, Smith , San sing ,
Ray, Wilson, F letcher , Twitty and Howard voted AYE. NAY ( 0) . MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1200 .
Alderman Smith moved, seconded by Alderman Ray that Ordinance 1 200 be
placed on THIRD and FINAL READING . ROLL CALL : Alderman Elliott, Smith ,
Sansing , Ray , Wilson , Fletcher , Twitty and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City At t orney Bamburg read t he heading of
Ordinance 1200.
Alderman Wilson moved, seconded by Alderman Twitty that Ordinance 1200 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Ell iott, Smith, Sansing , Ray ,
Wi l son , Fletcher , Twitty and Howard voted AYE . NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1200 THIS 21 st DAY OF AUGUST 2003.
c . FINAL PLAT of Northlake Subdivis i on PH IX
City Engineer Whisker related that all the utili ties have acceptance
letters and the proper warranties have been filed with the City.
Alderman Smith moved, seconded by Alderman Elliott to approve the Fin al
Plat of Northlake Subdivision PH IX.
City Engineer Whiske r then related that the propert y consists of 1 3 lots
located at the north end of Northlake .
At this time MOTION CARRIED .
3
:;() 0 b-8t,)· 5.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21 , 2003
7:00 P .M. - 7 :35 P .M.
Alderman Elliott moved, seconded by Alderman Wi l son to suspend the r ules
and place a bid for the Parks and Recreation Department on the agenda.
MOTION CARRIED .
Mayor Swaim re l ated that the bid deals with p l acing new flooring over the
existing floor in the locker rooms at the Community Center.
Parks and Recreat i on Director George Biggs s tated that the flooring is a
poured app lica tion for the men 's, ladies, and boys lo cker roo ms. He
stated that the flooring would slop t owa rd the floor drain and will be a
n on-skid surface . He related that the current f loo ring is glazed tile,
which has proven to slippery.
Ma yor Swaim stated that several applications have been tried to make the
flooring le ss slippery , but that the only option now is to place the new
surface over the tile surface .
In response t o a question posed by Alderman Wilson, Director Biggs
related that the Community Center Building is approximately eight years
old . He then stated the he is unsure of the tota l square footage
involved, but added that t he area does not include the restrooms. He
then answsered t hat no othe r b i ds were receive d , adding that after
viewing the same flooring at Sherwood's building, they are satisfied wi th
t he bid.
Alderman Smith moved, seconded by Alderman Howard to approve the bid from
Desco in the amount of $14,192.00 with funds to be drawn from the Park
and Recreation budget fund. MOTION CARRIED .
GENERAL: PRESENTATION by Regional Solid Waste Management District
Mayor Swa im introduced Mr . John Roberts, Director of the Regional Solid
Waste Management District. He related that several years ago State
legislatur e passed an act set ting up solid waste districts in the State
to monitor a nd cont r o l the flow o f solid waste in and out cities in the
State. He related that Pulaski County is one of those districts , adding
t hat the members are mayors from first class citi es and the County Judge .
Mr . Roberts related that there are sixteen d ist ri cts in the State, f i ve
single county d ist ricts such as Pulaski County. He added that Mayo r
Swaim se rve s on the Board . He related that the mission of the Regional
Solid Waste Management District is to assist jurisdictions in planning
and impl ementing municipa l so l id waste management programs and services.
He stated that every seven years the Regio na l District is required to
provide an assessment to t h e Arkansas Department of Environmental Qual i ty
projecting how long the landf ills will last. He related that there are
three l a ndf i l ls in Pulaski County, two o f which are privately owned . He
sta t ed t hat the City of Little Rock landf i ll has a projected life of 80
to 100 years , the BFI landfill will be forced to expand in 2 or 3 years
and the Waste Management Landfill given expansion possibilities is
project to l a st 1 35 years.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21, 2003
7 :00 P .M. -7 :35 P.M .
He stated that the Pulaski County District is the only district to have a
Technical Committee, comprised of Public Works Directors and Sanitation
personnel. He stated that each Board member has a representative on the
Technica l Committee, poi nting out that t he representative for
Jacks onville is Murice Green . He stated that the Committee meets prior
to the Board meeting so its input can be cons i dered a t the Board meeting,
s ince the Technical Committ ee is responsible for impl ement ing the
programs instituted by the Board.
He stated that the District is managed with State grants from the ADEQ ,
landfill tipping fees at .30 per ton from all landfills i n Pul aski County
and license fees from all trash haulers in the County at approximately
$5 ,0 00 annually and interest payments.
He then re lated that in
analys is, the ADEQ has a
the public comment stage .
relationship with ADEQ.
a ddition to the seven-year region al planning
five-year regional plan, which is currently in
He stated that the Di strict has a good working
He related that the Reg i onal Sol i d Waste Management District manages all
recycl ing drop -off centers in L ittle Rock, North Lit t le Rock , Sherwood,
and Maumelle, adding that Jacksonville manages its own recycling cente r.
He complemented Jacksonville for its outstanding management of the
recycling programs and then related that the District manages the
contracts for North Little Rock and Littl e Rock . He noted that they are
planning a test market in Maumelle regarding apartment curbside
recycling, which would almost eliminate the need for drop-offs. He
stated that Jackso nvi lle was one of the first cities to offer household
chemical co l lections .
He po i nted out that the District emphasizes education, offering a
training session at the Jacksonville Commu nity Center incl uding a tour of
the recycling center. He stated that they have a school recycl ing
coordinator who is in the schools weekly all over the County . He statec.
that he is constantly speaking to civi c clubs, adding that their public
awa r eness program can be seen in the publicity re leases, billboards ano
ads that they sponsor. He a l so related t hat they have an envi ronmenta l
officers program fo r illegal dumpin g in the County.
He highlight major accompl i shment s by t he district saying that in 2002
they picked up a total o f 6 ,463 tons of recycling materials , held 10
household chemical collections resulting in 63 tons 5 tons of re u sable
material such as paint, and 363 ,186 tires were collected . He reviewed
the reusab le mat erials, pointing out that Jacksonville uses almost the
entire supply o f used motor oil to heat the recycling center. He stated
t hat increasingly they receive more electron ics point i ng out t hat over
80% of all computer s ever manufa ctured are wa iti ng to be recycled, addin9
that the next opport unity for re cycling will be cell phones.
He r elated anothe r program of f ered is the roll -off conta i n e r program,
providing containers for planned neighborhood clean-ups at the expense of
the District. He stated that currently 40 to 60 are conducted annual l y.
5
Oo ()fi(¥.7 ' r , I ·; v .... ·-
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21, 2003
7:00 P.M . -7:35 P .M.
He then reviewed the Hauler Licensing Program, saying that 76 haulers
were li c ense d operati n g 457 collection vehicl es . He stated that the fees
range depending on the size of the vehicle from $100.00 to $1 ,000 .00
annually .
He related that t he Inter District Waste Tire Management P rogram
enc ompa s ses three other sol id waste districts regarding waste tire
pickup . He reported 840 ,224 tires collected in l ast year . He stated
t hat the District grinds the tires for recycling , not i ng that tires can
be burned for fuel with wood, which is generally use d by concrete cement
manufacturers . He then related t hat during the t i re grinding process the
s t ee l b elts are separated i n the s hi fter process by a powerfu l electro
magnet . He related that ground tires can be used as rubber mulch a n d
playground cover as well as resurfacing roadways wi th a combination o f
asphalt and rubber whi c h has prov ed to be 80 % quieter and last t h ree
t imes longer. He p ro jected t hat the process wi l l develop and become less
expensive.
He reviewed the locations of the recycling centers, landfill fac iliti es,
composting and d i sposal cen ters in Pu las ki Count y . He then reported that
Jacksonv i lle serves 7, 200 households wi th land fil l of approxima tely
10 ,000 tons and 6 ,000 tons of y a rd waste with 4 72 other tons of
r e cycling. He compared yard waste total s regarding the ice storm in
2002, a dding that it took approximately eighteen months to grind the yard
waste . He stated that of the recycled materials in P ula s k i County i n 2002
newsprint was 7 4 %, p l astic 7%, glass 6%, cardboard 6%, aluminu m/s t ee l
cans 4%, mixed paper 2% and othe r 1%.
I n response to a quest i o n posed by Alderman Wilson regarding Jacksonvill e
having the highe st volume of yard waste per household , Mr. Ro be r t s stated
that it might b e an indicator of J ac ksonvil l e 's l arger lot si z e for
single -fami ly homes.
Al derman Wilson p o inted out that in t he analysis of vo l ume by cities per
household Jacksonvill e has .83 while Nort h Littl e Ro c k i s .68 and Little
Rock is .35 p er t o n per hou seho ld .
Mayor Sw aim noted that the City of J ac ksonvil l e has an e x cel lent record
of pickup rega rding yard wa ste materials, pointing o u t tha t Jacksonvill e
has the lea f vacuum plus offers a weekly trash pickup . He stated that i t
has been p r oposed that landfi l l pickup b e a rra nged for a weekly pickup ,
a dding that if that were t o occur Jac ks onville would be offe ri ng f ive
separate pickups per h ous ehold wee kly. He stated that Jacksonville now
offers fou r household pickups, two garbage, one for yar d waste, and one
for recycling.
The Ci ty Co unci l t hanke d Mr . Roberts for his presentation.
APPOINTMENT (S):
6
000 008
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
AUGUST 21, 2003
7:00 P.M . -7:35 P.M.
ANNOUNCEMENT (S) : City Hall. will be Closed, Monday September 1st for Labor
Day
Mayor Swaim announced that Finance Director Pau l Mushrush was selected as
Finance Officer of the Year in t he GFOA Finance Organ ization.
Mayor Swa i m related that there i s a l i st of condemn at i ons being p r epared
for presentation, adding that the property where the Care Channel was
previously located h as been offered to the City. He stated that the
building wou l d have to be torn down at the expense of the City , point ing
out that the City owns the buildings to the west and east of the
property . He pointed out that the lot could se rve as a parking area for
the City buildings . He stat ed that on the othe r side of the property,
there are some remnants of lots and the adjacent prope r ty owner has asked
the City to sell the property to him. He stated that he has negotiated
with the owner, adding that there is not much va l u e to the prope rty.
It was the consensus o f the City Council to proceed with negot iatio n s.
ADJOURNMENT :
Mayor Swaim without objection, adjourned the meeting at approximately
7:35p .m.
Respectfully,
7
City Council Of Jacksonville , Arkansas Oo nnf"\g ,_ ... _,
AGENDA
Regular City Council Meeting
September 4 , 2003 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 & REC DEPT:
13. PLANNING COMMISSION:
14. GENERAL: a.
15. APPOINTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNMENT:
Regular City Counci l Meeting
August 21, 2003
Regular City Council Meeting
August 7 , 2003
Request to Accept Bid:
2003 Type Ill Ambulance
(Mayor Swa im)
PRESENTATION : "Meth Aware"
by Lieutenant Mike Davis
North Little Rock Police Department
ORDINANCE 1202 (#1 0-03)
Condemning st r uctu res and real property
at various uninhabited locations.
(Mayor Swaim)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4 , 2003
7 :00 P .M. - 7 :50 P .M.
REGULAR CITY COUNCIL MEETI NG -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t h e City of Jackso nville, Arkansas met in Regular
Session on September 4, 2003 at the regular mee ting place of the Council.
Alderman Ray delivered the invocation and Vice Mayor Howa rd led a
standing audience in the "Pledge of Allegiance" to t h e flag.
ROLL CALL : Alde r men: Elliott , Lewis, Sansing, Ray, Fletcher, Stroud, and
call. Vi ce Mayor Howard also answe red ROLL CALL
PRESENT e ight (8), ABSENT (2 ). Aldermen Smith and
Twitty answered roll
decl aring a quo rum.
Wilson were absen t. Mayor Swaim was out of town on Ci ty business .
Others present for the meeti ng were: City Attorney Bobby Bamburg, Deputy
Clerk Hea ther Palermiti, Director o f Administration Murice Green,
Di re ctor of Human Resources Charlie Brown, CDBG Director Theresa Watson,
City Engineer Jay Whisker, Director of Public Works J im Oakley, Parks and
Recreation Director Geo r ge Biggs, Po lice Chief Ruthven, Fire Chi e f
Van derhoof , Mrs . Addie Gibson, Mr. Larry Smith, interested ci t i ze ns a nd
members of the press .
PRESENTATION OF MINUTES :
Vice Mayor Howard presented the minutes of the Regular City Cou ncil
me e ting of August 21, 2003 for approval a n d /or correction at the next
Regularly Scheduled Cit y Counci l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES :
Alderman Ray moved, seconded by Alderman Sansing that the minutes of the ~
Regular City Council Meeting of 7 August 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA:
DEVIATION IN AGENDA: INOPERABLE VEHICLES
In re sponse to a question posed by Alderman Stroud regarding diffi culties
enforcing the ordinance regulating inoperab le vehicles, Ci ty Engineer
Whisker responded t hat some residents have placed i noperable v eh icle s
behind l ocked gates to their backyards. He r e l ated that City Attorney
Bamburg is a ddr ess i ng those i ssues.
City Attorney Bamburg clari fied that regarding some points o f the Law it
presents legal d ifficu lty to b reach the peace i n o r der to affec t an
o r dinance without proper legal act ion before obta i ni ng entry .
In response to a question posed by Alderman Stroud, City Attorney Bamburq
stated that in some cas es it may mean obta i ning a search warrant if ready
access is not a vailable. He then res p o n ded that the time varies
d epe nding on the circumstances, adding that each c ircumstance has t o b(~
assessed independently by the Judge .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
1
CITY OF JACKSONVILLE
.: OOOD J ,l
• ·: . ·\i:
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4 , 2003
7 :00 P .M. -7:50 P.M .
FIRE DEPARTMENT : Request to Accept Bid for 2003 Type III Ambulance
Chief Vanderhoof stated that three bids were submitted for an ambulance
that was budgeted for 2003 . He recommended Emergency Service Suppl y
based in Jacksonville , over the lowest b i d submi t ted by Life Line of
I owa . He explained that Emergency Service Supply meets all
specifi cations and has a local service center, adding t hat Life Line of
Iowa did not meeting all the specifications and do es not have a local
service center. He noted the differenc e between the two bids is $339 .00 .
Alderman Fletcher moved, seconded by Alderman Stroud to accept the bid
from Emergency Services in the amount of $96,450.00 with funds to be
drawn from the Fire Department Budgeted Equipment Fund. MOTION CARRIED .
POLICE DEPARTMENT: PRESENTATION "METH AWARE " by Lieutenant Mike Davis
Chief Ruthven r e late d tha t he had attended a regional meth a mphe tamine
planning conference in No r t h Little Rock where a pre s en t a tion called
"Meth Aware" was offered, describing a program i mpl e mented by the North
Little Rock Police Department to e ducate c i tizens , and city l eaders about
the detrimental aspects o f the drug Methamphetamine . He stated t h at he
had asked Li eut enant Mike Davis to ma ke the presentation and explain wh at
the North Little Rock Pol ice Department is doing . He i n t r oduced
Lieutenant Mike Davis , Detective Ki m Francisco of the Nor t h Lit t l e Rock
Narcotics Division and Me lissa Cl anton o f the North Little Rock Police
Department and the Juvenile J ustice Court .
Lieutenant Mike Davis related that North Little Rock began the prog ram
last Apri l as a n attempt to educate the commu nity concerning the narco t ic
Methamph etamine. He referred to a display of commonly so l d ho usehold
chemicals , explaini n g that part o f the problem is the ea s y availabi lity
of the products. He s tated that by est ablish i ng a good work i ng
re l a t ionshi p with the various agencies in Pulaski County it can help make
a difference in a ttempt s t o educate and inform about narcotics. He
introduced Detect i ve Kim F r ancisco to begin the presentation .
Detective Kim F r ancisco stated that fo r the last s e veral years, Arkansas
has ranked among the top state s per capita for Methamphetamine use and
p roduct ion a r r est. She stated that the program to educate the community
arose when the s ame p eople were be i ng arr ested repeatedly . She s tat ed
that most citizens are not informed, pointing o u t t h a t it is g rowin g i n
epidemic proportions. She related that b ecause the prisons are becoming
over crowed, autho r ities have to come u p with o t her solutions. She
related o ne -year a g o Nor t h Li t t l e Rock rece i ved a grant t hrough the
Department o f Just ice for $222 , 000. to e ducate the p ublic regarding
narco t ics . She reviewed the di f feren c e b e tw e e n Methamph e t amine and
Cocaine , pointing out that Methamphetamine is t ypical l y smoked and the
high c an last as long as 24 hours . She added that i t is a highly
addi c t ive drug , noting that the o ther difference f rom Cocaine i s that the
user c a n produce the product rather than hav ing to use a drug dea le r .
She stated that the ingredients c an b e p u rchased at Walgreens o r Wal -Ma r t
and e xplained that production of Methamphetamine is not a money making
propos ition as mu c h as i t is a way for users to fund the i r own addi ction.
2
QOOS 12,,
, ·~IJ •
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
7:00 P .M. -7:50 P .M.
She pointed out that i n 1995 approximately 25 Meth labs were discovered
and that in 2002 there were approximately 952 Meth labs . She stated that
year to date there have been 750 Meth labs, which is 200 more than this
t i me l ast year. She related that DEA has sta ted t h at approximately 90%
of the Meth labs discovered had children either present or living in the
home at that time. She recounted a recent t elevision news story
regarding a Meth lab explosion wi th three chi ldren present in the h ome,
adding that the children were unharmed. She pointed out that production
of Methamphetamine in the home leaves many residual affects that have
been documented to be harmful to children present in the home . She
related that the average Meth lab clean up costs approximately $4,500 ,
wi th some costing as much as $150 ,000 totaling over 4 million dollars
last year. She stated that currently DEA is funding the cleanups, but
pointed out that a few years ago DEA had run out of funds and the State
had to cont r ibute, explaining that cities were at a loss because no one
had the funds for cleanups.
She reviewed d i scarded chemical l ocations , pointing out one to be a
manhole in Rose City that was discovered by the Sewer Depart ment . She
stated that often the d i scarded l iqu id is poured down the drains ,
rel ating that there is an average o f 5 to 6 pounds of Meth lab trash front
a production. She re l ated the danger associated wi th the discarded trash
from a Meth lab for anyone who might come into contact. She explai ned
t hat the material is explosive and toxic. She related that currently the
State does not have any requirement s to i nform home b uyers that a Meth l ab
had previously been operated in a home. She elaborated on the potential
health risk to chi l dren and pregnant women , adding that the chemicals
seep i n t o the floors a n d walls. She stated that there are no regulation~;
to remove carpeting or inform future occupants of previous activity in
the home . She related that the part of t h e "Meth Aware" program is
displaying signs at stores that states suspi cious purchase a r e reported
to the North Little Rock Police Department. She related that the
p u rchases are then tracked. She added that many stores are reportinq
suspicious activity and are working with the Police Department.
In response to a question posed by Alderman Ray, Detective Kim Franci sco
re l a t ed that a large quantity of matches is purchased for the striker
plate , which conta i ns red phosphorous used to produce Methamphetamine .
The Ci t y Council t hanked the North Little Rock Police Department fo .c
their presentation .
Ch i ef Ruthven informed the City Council that he had received noti ficati o n
from Senator Blanche Lincoln's Office that t h e request for a Cops
Universal Hiring Grant has been approved . He stated that the Grant is
approx i mate l y $225,000 .00 to hire three additional officers in addition
to t he two school o fficers that were approved in April with funding of
$229,000 . He stated the officers would be hired as part of the up coming
test cycle in October .
Vice Mayor Howard question when the City wou l d have to begi n f unding the
salaries .
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4 , 2003
7 :00 P .M. -7 :50 P .M.
Ch ief Ruthven related t h a t the Grant for the two school officers required
no matching Ci ty f unds a n d would fund those salaries for three years . He
added that the c u rrent Gran t would fund t h ree officer sal a ri e s for three
years and then the City would fund those sal aries for the fourth year,
which is a stipu l a t ion of the Grant . He noted the possible el i mination
of Un iversal Grants in 2004 , adding that he is pleased that the 2003
reques t ha s been approved .
Al derman Fletcher questioned what resou rces are planned to address
Meth amphetamine i ssues in J acksonville.
Chief Ruthven re l a t ed that the narcot i cs section was increased by one
officer , addi n g that he hopes to be able to add another person to that
section. He re f erred to t h e nuisance abatement program, pointing out
that adoption of such a program would requi re an additional of f icer,
a ddi ng that i t cou l d be possible that t he additiona l officer cou l d do
both prog r ams s ince the y are re l ated and are e du cation a l in na t ure . He
stated that if he can obtain the manpower , both are promisin g programs
that he would li ke t o a ddr ess.
Alderman Fletch e r stated t hat offen ders who have brought c h ildr en into
their crimes should carry stricter sentences tha t are enfo r c e d with full
jai l time.
Chief Ruthven noted that a lot of crime can be tied to drug activi ty . He
poi nted out t h e dilemma to incarcerate repeat offenders particul arly when
it is not a violent crime. He stated that the entire package regarding
education , ma n power from Po l ice and citizen assistance, and incarceration
capabi l ity by increasing jail space needs to be addressed . He then
agreed that while law enforcement has the lead it i s a community problem
and needs t o be addressed as such.
SANITATION DEPARTMENT:
STREET DEPARTMENT :
PARKS & RECREATION:
PLANNING COMMISSION:
GENERAL : ORDINANCE 1202 (#10-03)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT THE VARIOUS
UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE , ARKANSAS , FOR
STRUCTURAL DEFECTS , DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS; DECLARING
AN EMERGENCY; AND, FOR OTHER PURPOSES.
City Engin eer Whis k er stat ed that each year a list of houses with
structural problems is compiled , explaining that some houses are quickly
removed from the l i st while others take longer. He stated that h e has
sent second letters to the owners admonishing a lack of contact with h is
Office. He added that since that time a ll t h e owners h ave contacted him .
He presented photographs of the p roperty , s a ying that 1 62 Roosevel t was a
burnout t hat was i ssued a bui l d i ng permit i n April 2002. He re l ated t h at
the owner received CDBG funding in January 2003 . He then expl ained that
4
Q.QQ G\,_4 -.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
7:00 P.M . -7 :50 P.M .
he had set deadlines for each of the fo u r owners to h ave somethi ng
accomplished by 18 August 2003. He pointed out that he had requested
the owner o f 162 Roosevelt Road to have the roof on the structure. He
stated that while the owner was unable to make the August 1 8th deadline ,
he has since fully roofed the house noting that the gable i n t he rear has
not been f inished but the owner is current ly working on it. He stated
that a Code Enfo r cement Off i cer has not made an inspection yet , adding
that the ow n er had conveyed that he has compl eted the ba c k wall .
Alderman Stroud moved , seconded by Alderman Ray that Ordinance 1202 be
placed on FIRST READING. ROLL CALL : Alderman Elliott , Lewis, Sansing,
Ray, Fletcher , Stro ud, and Twitty voted AYE . NAY (0). MOTION CARRIED .
Whereupon Cit y Attorne y Bamb u rg read the heading of Ordinance 1 20 2 and
the property addresses.
Alderma n Ray moved , seconded by Alderman Stroud tha t Or d i nance 120 2 be
accepted on FIRST READING .
Dis cuss i on regarding each property e nsued a nd Mr . Robert Phillips o f 900
Trickey Lane related that h i s son i s the owne r of the h ouse at 16:;::
Roosevelt. He stated that it took some time after the h ouse burned to
get a CDBG Grant, explaining t hat t hen bad weather set i n . He then
related that when they began work , the Code Enforcement Inspectors
informed him that the repairs could not be done in that manner . HE!
stated that h e has diagrams of the prop osed work r egardin g the trusses,
but the Code Enfo rcement Of fi cers t o ld h im t hat he could no t do it that:
way . He re l ated that he has been doing that k i nd o f work fo r 40 years,
adding th a t he wa s not able t o get additional f unds from CDBG because
Code Enfo rcement had said he could n ot do t he work tha t way . HE~
explained that he had to wait until he was able to purchase additi ona l
material , adding that in the p r ocess he re ceived a l etter from City
Engineer Whi ske r. He related that by that t ime he was able to go t o work
on the project but had received additiona l le tte r s f r om City Enginee=
Whisker conveying that he has not compl i ed by not ifying the Engi neerinq
Department . He s t ated that he has cont i nually talked with City Enginee :c
Whisker , adding that Cit y Engineer Wh i sker did not re l ate the entire
story to the new spaper. He admitted that he has been a little slow,
adding that h e cannot work on it a l ot because h e and his son have to
work ful l -t ime jobs .
Alderman Ray questioned if his inte n t is to put the house back in livable
condi tions .
,
Mr. Phillips stated most defiant l y , ~nd t ha t he is wo rk ing on i t . He
added that he needs more time. He said t hat between now and winte r he
should have completed , saying al l he lacks is cleaning up the o ut side
debris , and having the tra il er hauled off. He rel at ed that h e has an
elect r ician waiting, s a ying that there has been a new meter loop set.
I n response to a question p osed by Alderman S tro ud, Mr. Phill i p s stated
that he has a building permit, but h a s not had a framing inspection
because it is no t ready .
5
••
--
/<"\ (l (\ (). "'· ~ ~1· ... ·. : ·, . .:_ J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
7 :00 P.M. -7 :50 P .M.
Discussion ensued regarding the construction of the trusses, Mr. Phillips
stated that he is n ot completed yet. Alderman Stroud informed Mr.
Phill ips that the work could not be covered until i t was inspected by the
Code Enforcement Officers a nd then noted that the construction of the
eves did not comply with City regulat i ons. He n oted that the property
has n ot been cleaned up.
Mr. Phillips stated that he asked the City t o h elp him get the debris
picked up, adding t ha t he d oe s not have the money to have it hauled away .
He stated that i f the Gra nt cove rs him hauling the trash off then h e
could do that , but until then it wi ll have to wait until h e can get
together the money t o hau l i f off .
Alderman Stroud stated that he i s sympathetic to gra nti ng more time, but
added that the property needs t o be cleaned up and brought up t o
specifications and c omp leted within 90-days.
Mr . Phillips stated that he is going to try his best, but reiterated time
deman ds concerning a full-time j ob.
Alde r man Strou d voice concerns for the n eighbors regarding the unsightly
debris.
Mr . Phill ips stated that h e has been compliant in talking to City
Engineer Whisker and the Code Enforcement Officer Marty Sanady
cont inuall y . He then related that when he was told that he could not u se
the trusses that he had built , he called Mr . Sanady and informed him of
four o the r residences built in Jackso nvi lle with the same construction
method passed by Code Enforcement. He added that neither Mr. Sanady nor
any other Inspector did anything, but they have requ i red him to spend
$800 .00 that he cannot afford.
In response to a quest i on from Alderman Fletch e r, Mr. Phillips stated
that he threw t he old trusses out into the back yard a nd bou ght 2 X 6
material for t h e roofing .
Discu s sion ensued regarding insp ections; Mr . Phil lips stated that Code
Enforceme nt Officer Marty Sanady has been on the j ob site .
Mr . William Phillips the owner of 1 62 Roosevelt stated tha t Mr . Sanady
had to l d him that as soon as he got it painted and sealed , and then the
e l ectri c ian finished his wor k they would do a framing inspection . He
a ssured the City Council that there would not be any sheet ro ck or
i nsu l ation unt il the inspect i on. He went on to say that he has always
told Mr. Sanady that if there are any p roblems he is wi lling to correct
t h em . He stated t h at h e is d oing the work h i mself and that it is t aking
a while to build the house back. He stated that h is goal is to be
finished by Ch ristmas.
Alderman Lewis noted that a 90-day extension would end prior to Chris t mas
but would be in the month of December .
·.._
6
:000016
~ . . ~ CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
7 :00 P .M. -7:50 P .M.
Mr. William Phil lips stated that he would do his best. He reviewed his
schedule of repa irs, adding that the overhangs were not completed when he
ran out of time and had to have the house dried in . He stated that he
has done siding all his life and that would not be a problem .
In response t o a question posed by Alderman Lewis, Mr. William Phillips
stated that he is trying to get a ro l l-off o n site t o clean up the
debris. He stated that given the period for completion of the roof, he
pea l ed off the decking and shingles and piled it in the yard.
Alderman Fletcher stressed that the outside of the property needed t o be
cleaned up .
Mr. William Phillips stated that whe n he got the l etter setting a
deadline, he made a mess when he was in a hurry to finish the roof. He
added that he had to get the house dried in because it was what the City
had r equested .
In response to a question p osed by Alderman Sansing , City Engineer
Whisker related that he has been in contact with Mr. Phillips several
times and that Mr . Phi l lips did try to complete the roof by August 18 th .
He stated that the roof was completed Labor Day weekend.
In response to another question from Alderman Sansing , Mr. William
Phillips related that the dog s in the yard belong to him and that he
takes care of them daily. He expl a ined that he had a problem with
materi al from the job site being sto len.
City Engineer Wh i sker reviewed conditions at 190 Pike Circle, saying that
the house has been in the same condition for some time. He noted tha1:
the problems are to the rear of the house regarding an addition to the
residence and that the siding is not comple t ed . He stated that t h !:
agreement was to have the rear o f t he structure completed by 18 Augus 1:
2003 .
Mr. Daniel Yancy of 705 South Redmond Road Apartment 3 , stated that he
inherited the property and has been working on t he property. He stated
that hi s p l an is to remove the rear addition to the structure, adding
that his Church is helping with lumber.
In response to a quest i on posed by Alderman Ray , Mr . Yancy stated that he
would need at leas t a 60-day extension to complete the work . He then
assured Alderman Stroud that in 90 -days he could have the property
cleaned.
Alderman Stroud recommend ed that Mr. Yancy be granted a 90-day extension.
Ci ty Engineer Whisker stated that there could also be problems with rot
along the sides of the structure.
Alderman Stroud re commended that Mr. Yancy obtain a bui l ding permit, and
schedule property inspections.
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4, 2003
7:00 P .M. -7:50 P .M.
City Engine e r Whisker addressed i ssues at 112 South Elm, s aying that t h e
owner began wo rk on it but has s ince s t opped. He s tated that the project
is close to completion b u t s ti ll has exposed wood . He related that t h e
owner did obtai n a b u ildi ng permit as of yesterday , a dding that the
b u ildi ng permit al l owed him 90 d ays to complete the outside of the
structure r ega rding a l l f r aming , electri cal , plumbing and HVAC.
Mr. George Royce of 1 0 1 Pul as ki Avenue, stated tha t he plans to h ave the
work completed in 90 days. He noted that the e lectri cal h as been
completed , adding that h e paid Taylor Ele ct ri c $3 ,600.00 t o finish t h e
electrical work .
Alde rman Stroud stated t hat structura l ly t he house l ooks good , adding
tha t he did have some concern becaus e the hous e has set for a long period
without additiona l repairs . He n oted that t h e gras s was maintained and
that h e would recommend that Mr. Roy c e be granted a 90-day extension.
Mr. Royce explained that he had suffered a heart a t tack.
City Engineer Whisker addressed 307 South Oa k, explai ning that the sides
of the structure started to bow out as the wood be came wet underneath and
start ed t o rot . He re l ated that Mr. Thompson h as b een in contact with
the Enginee ring Department, exp l a ining that Mr . Thomp son is trying to
sell t h e h ouse and have t h e new owner demolish the house. He went on to
say that a Church h ad made an o ffe r but backed out. He stated that the
owner is cons ide r i ng a n other buyer who may repa ir or demolish the house,
otherwise he is plann i ng to demolish t he home .
Alderman Stroud noted the house to be structurally unsound and
re commended that the owner be granted 90 days to repair or demolish .
I n r esponse to a question posed by Alderman Elliott, Ci t y Attorney
Bamburg relat ed that t h e Ordinance could be appr oved on first reading and
then ho l d second reading until it is de e med appropriate or the Ci ty
Council could t able the Ordinance for 90 days or the Ordinan ce could be
passed wi t h language t ha t each of the properties has been gran ted a 90-
day extension to come into compliance or be condemned.
Vi ce Mayor Howard requested that the Ordinance b e passed wi th language to
address the 90-day extension.
Alderman Stroud moved, seconded by Alderman Ray to amend the motion to
approve on First Reading to include language to grant a 90-day extension
for all properties involved and THAT ORDINANCE AND AMENDMENT be APPROVED
on FIRST READING . ROLL CALL: Al derman Elliott, Lewis , Sansing , Ray ,
Fletcher, Stroud , and Tw i tty voted AYE . NAY (0). MOTION CARRIED.
Alderman Sansing moved, seconded by Alde rma n Ray to suspend the rule s and
place Ordi nance 1202 on SECOND READING. ROLL CALL: Alde rman E lliott ,
Lewi s, Sansi n g , Ray , Fletcher , Stroud , and Tw i tty voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorn e y Bamburg read the heading of
Ordinance 1 202 and the property add r esses.
8
000018
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 4 , 2 003
7 :00 P .M. -7 :50 P .M.
Alderman Stroud moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1 202 on THIRD and F I NAL READING. ROLL CALL : Alderman
Elliott , Lewis, Sansing, Ray, Fletcher, Stroud , Twitty and Howard voted
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1202 and the property addresses.
Alderman Ray moved, seconded by Al derman Stroud that Ordinance 1202 be
APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott , Lewis, Sansing, Ray,
Fletcher , Stroud, and Twitty voted AYE. NAY (0). MOTION CARRIED .
ORDINANCE APPROVED , ADOPTED AND NUMBER 1202 TH I S 4 TH DAY OF SEPTEMBER
2003 .
APPOINTMENT ( S) :
ANNOUNCEMENT (S): Alderman Lewis reported that he has received a good
medi cal report and is very encouraged.
Vice Mayor Howard related that Mrs. Edith Smith had back surgery this
morning.
ADJOURNMENT :
Vice Mayor Howard wi thout objection , a d journ ed the meeting a t:
approximately 7 :50 p .m .
Respectfully ,
~~ MA OR TO :AIM
9
City Council Of Jacksonville , Arkansas
AGENDA 0000 19
Regular City Council Meeting
September 18, 2003 7:00P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES :
4 . APPROVALS AND/OR
CORRECTION OF MINUTES:
5. CONSENT AGENDA:
(Police Department)
(Fire Department)
(Engineering Department)
(Animal Control)
(Sanitation Department)
(Street Department)
6 . WATER DEPARTMENT:
Regular City Council Meeting
September 4 , 2003
Regular City Council Meeting
August 21, 2003
Regular Monthly Report/August
(Chief Wayne Ruthven)
Regular Monthly Report/August
(Chief John Vanderhoof)
Regular Monthly Report/August
(C ity Engineer Whisker)
Regular Monthly Report/August
Regular Monthly Report/August
Regular Monthly Report/August
(Public Works Director Oakley)
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. APPO INTMENTS:
16 . ANNOUNCEMENTS:
ADJOURNM ENT:
a.
FINAL PLAT: Tanya Addition (Mayor Swaim)
DISCUSSION Graham Road Crossing
(Mayor Swaim)
b . ORDINANCE 1203 and ORDINANCE 1204
Proposed tax to fund Joint Education Facil ity ,
Aquatics Park, Police & Fire Training Facility
and City Ope rations (Mayor Swaim)
c. PRESENTATION of Vertac Redevelopment Study
(Mayor Swaim)
00 0 020
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7:00 P .M. - 9 :15 P.M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRI VE
The City Council o f the City of Jacksonvil l e , Arkansas met in Regular
Session on September 18 , 2003 at the regular meet ing place of the
Council . Alderman Howard delivered the i nvocation and Mayor Swaim l ed a
standing audience in the "Pledge of Allegiance" to the flag.
ROLL CALL : Aldermen: Elliott, Smith , Lewis, Sansing , Ray , Wilson, Fletcher,
Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESEN T ten (1 0), ABSENT (0).
Othe r s present for the meeting were: City Attorney Bobby Bamburg , Deputy
Clerk Heather Palermiti , Di r ector of Administration Murice Green , Human
Resource Director Charlie Brown , Finance Director Mr. Mus hrush , Finance
Accountant Cheryl Erkel , City Engineer Jay Whi sker , Parks and Recreation
Director George Biggs , Parks and Recreation Public Relations Director
Annabelle Davis, Public Works Director Jimmy Oakley, Police Chief
Ruthven , Fire Chief Vanderhoof, CDBG Director Theresa Watson, Mr . Mike
Wilson , Mr. Ben Rice, Mrs. Pat Bond, Mr. Tommy Bond, Planning
Commiss i one r Susan Dollar , Mrs . Judy Swaim, Mrs . Lendy Lewis, Mrs . Addie
Gibson , Mr . Larry Smith, inte res ted citi zens and members of the pre s s.
Mayor Swaim announced that a public hearing is scheduled for the next
regularly scheduled City Counc il meeting o f October 2 , 2003 at 7:00 p .m.
to vacate and close a port ion of Campbell Drive .
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Coun cil meeting of
September 4 , 2003 for approva l 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 th E ~
Regular City Council Meeting of 21 August 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA :
REGULAR MONTHLY REPORT /POLICE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Ray to approve the Regula:c
Mo n thly Report for August 2003 . Said report reflects the Total Value o :f
Reported Stolen Property $92,926 . Total Value of Recovered Stolen Property
$35,061 and Total Report Sales $382.00 .
REGULAR MONTHLY REPORT /FIRE DEPARTMENT
Alderman Wilson moved, seconded by Alderman Ray t o approve the Regular
Monthly Report for August 2003 from the Jacksonville Fire Department, which
reflects a fire loss of $75,500 and a savings total of $316 ,500.
REGULAR MONTHLY REPORT/ENGINEERING
Alderman Wilson moved , seconded by Alderman Ray to approve the Regular
Monthly Report for August 2003. Said report reflects :
1
CITY OF JACKSONVILLE 000 0 21
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
PERMITS/LICENSE ISSUED
Bui l ding Permits
Business License
45
14
7 :00 P .M. -9:15 P .M.
INSPECTIONS PREFORMED
Building Inspection s
HVACR
Electrical
P l umbin g
VEHICLES
81
4 5
86
89
UNSIGHTLY & UNSANITARY
Grass Letters 317
1 9
2
0
No tice o f No n compliance 31
Property Mowed To wed 2
Trash Letters
T rash Remova l CONDEMNATIONS
Cost for March $1 ,227.00 Structural Maint. Letters 4
Structur al Re p airs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Wilson moved, seconded by Alderman Ray to approve the Regular
Monthly Animal Control Report for August 2003 . Said report reflects:
ADOPTION/FINES: $753.00
CONTRIBUTIONS: $ 0.00
TOTAL : $753.00
REGULAR MONTHLY REPORT/SANITATION AND STREET DEPARTMENTS
Alderman Wilson moved, seconded by Alderman Ray to approve the Regular
Monthly Report for August 2003 .
GARBAGE
SANITATION DEPARTMENT
TRASH
Tons ta k e n t o Lan dfill
Tipping f ees for March
Bulk tons to Landfi l l
T ippi ng fees/Augu st
627
$ 9 ,555 .00
7 1
$ 3 ,606.00
Cubic Yards Collected
Cubic Ya rds Mulched
RECYCLING
Curbside pick-ups
Drive-thru Customers
Tires Collected
Estimated Revenue
Paper , Plastic , Aluminum
ROAD AND DRAINAGE
Asphalt Shims
Storm Dra in Inlets c l ean ed
Storm Drain Culve rts c l ean ed
Open dit c he s c l eaned
Potholes repa ired
Uti l ity cuts repaired
Shou lder repair
R-0 -W c l eaned/s treet sweeper
$
4,538
690
1,844
3 ,4828 .42
STREET DEPARTMENT
0
0
4
2
17
1 4
100 feet
300 miles
2
BEAUTIFICATION
Bags/L itt e r
I s lands mowed
Yards mowed
R-0 -W mow ed
Community Service
6 people 279 hrs.
Seasonal People
Ditches Cl eaned
2 ,800
1 ,400
137
80
53
4 miles
Hours
6
8
0000.22
Culvert Cleaned
Drain Inlet Boxes r epaired
Curb & Gutter repl aced
Sidewalk r epaired
Asphalt Milling
Base Failure Repair
Miles of R-0-W mowed
280
5
0
60
0
1
250
feet
feet
site
mi les
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M. -9 :15 P.M .
SIGN & SIGNAL
S i gns Fabricated 34
Signs Insta lled 71
Pavement Markers 4
Sign Post Installed 29
Signal Maint . 35 hrs
ROLL CALL: Aldermen: Elliott, Smith, Lewis,
Fletcher, Stroud, Twitty and Howard voted AYE.
Sansing, Ray, Wilson,
MOTION CARRIED.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT :
POLICE DEPARTMENT:
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION :
PLANNING COMMISSION : FINAL PLAT Tonya Addition
City Engineer Whisker r elated that the Plat is a one -lot plat for a
residence for Mr . Boyce P enn. He related that the prope rty i s l ocated on
the corner of Anna and Trickey Lane. He noted that 30 ' has been dedicated
for the Trickey Right-of-way and 25 ' for Anna Lane.
Alderman Wilson moved , seconded by Alderman Ray to a pprove the Fin al Plat:
of Tonya Addition be approved. MOTION CARRIED .
GENERAL: a. DISCUSSION Graham Road Crossing
Mayor Swaim reviewed the histor y of the project, stating that in the late
70's and early 80's there was an initiative voted by the public to fund
an overpass. He stated that the funding was not enough and the project
was not bui l t . He related that in 1987 , there was an engineering study
that put for t h various proposals and efforts to fund the project were
resumed . He stated t hat the project was a much-needed project for the
Sunnyside Hills area, adding that the City had the opportunity to apply
for Federal and State funding to f u nd the overpass project . He re l ated
that the City hired an engineering firm to conduct the study and a numbe .r:
of public meetings were held which varied i n attendance from very few to
a hundred or more . He added that the project was addressed in the City
Council agenda and the Highway Department conducted a fina l p u blic
hearing at the Community Center where they provided information regardin;J
the crossing .
In response to a question from the audience, Mayor Swaim responded that
the public hearing was held on June 29 , 2000. He then expla i ned t h at the
process began in February 1996 , adding that the local newspaper reported
t h at the public hearing was well attended by more than one hundred
citizens . He stated t h at con s i derat i ons for the overpass that were
discussed included where it should be located, how the construction
should be , and the clos i ngs . He continued , saying that after the public
3
CITY OF JACKSONVILLE . 0000~3
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M. -9:15 P.M .
hea ring a grant application was filed with t he Metroplan Technical
Committee. He rel a ted that the app l ication was reviewed, adding that
representatives of t he Railroad were on that Comm ittee and it was he l d as
a public meeting. He related as an important factor that following the
pub l ic hearings was when the proposa l was prepared, Item 14 of the
proposa l questioned cities to "identify all rai l road grade crossing
closures that would result from t h e project", and Jacksonville answered
"Proposed closures a s a result of the project are Main S t ree t and Graham
Road". He pointed out that this i nformation was in the original
application, and was available at the pub l ic meeting h osted by the
Highway De partment at the Commu ni ty Center along with cop i es of the
Environmental Assessment Study. He stated that one handout announ ced the
City 's plan to block the ex i s t ing railroad crossing a t Center Street and
Graham Road after opening the overpass , adding t hat it also stated that
if no unforeseen traffic prob lems developed, the City wou ld proceed with
a permanent clos ing . He then noted two additional p laces i n t h e Economi c
a nd Environmental Assessment Study where it again states the City 's plan
to block the ex i sting ra i l road crossing. He stated t h at the
misinformation depicting that the City never d iscus sed o r o ff ered
ci tizens an oppor tunity f o r input is not correct . He related that the
item h ad also been on the City Co u ncil agenda a number of time s, and was
discussed. He related that some citizens h ave inqu ired if the
information was avai l able why the newspaper did not print that . He
stated that he is una ble to answer why the newspaper did n ot print t h at
information . He added that the press has had the information , saying
they cou l d h ave printed it if they wanted . He related t hat t h e proposal
to obtain funding for t he overpass included closing both crossings . He
asked Director of Administration Murice Green t o address the application
process .
Director of Administration Murice Green stated that following the public
hearing in 1 996 , the City submitted a n appl i cation to obtain funds for
the rail grade separation . He stated at t h at t i me t h e City received
fundi ng approval for the prel i minary engineering but not for the
const ructio n. He stated that between 1996 a nd 1997 there was a study
conducted regarding all rail g rade separations thro ughout the
Metropolitan statistical area , adding that considerations for ranking the
rail grade separations were traffi c f lows , risk ana l ysis, and the number
of trains thro ugh the intersect i ons . He s tated that Jacksonville was
rated a t the t op of the list , so when Jacksonv il l e resubmi tted the same
information on its application in 1997 it was approved for construct i on
fund i ng based on the ranking . He noted that the ranking is det e rmined by
the Techni ca l Coordinating Committee, which consists o f repre sentatives
from each of the Ci ties within the Metropolitan statistical area.
Alderman Wil son question ed if Jacksonvi lle was the onl y grade s eparation
that would have closed t wo crossings .
Di rector of Adm i nistration Murice Green stated that he did not have that
information.
4
000024 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M . -9:15 P.M.
Alderman Sansing questioned any difference be tween the 96 and 97
appl i cations that may have moved Jacksonville to the top of the list.
Director of Administration Murice Gre e n stated that the application was
basically the same, adding that the only d iffe rence was the study
completed between 96 and 97, he noted that the application has a formula
to figure risk ana lysis of accidents, vehicle traffic flow and train
traffic flow. He stated that it is his assumption that because of the
study Jacksonville received the rating it did.
Alderman Sansing stated that it was his impression that the 96
app l ication did n ot include a traffic count from Graham Road , but the 97
application did, to bump the numbers up high enough to get Jacksonville
to the top of the list.
Director of Administration Murice Green stated that he was unaware o f any
d ifference. He re l ated that when he began his tenure with the City in
1995, he was aware that t r affic counts were performed , adding that he
does not know i f the re was in dif ference in those counts. He stated that
he is not aware of where that information came from .
Mayor Swaim related that it has a l so been said that the City is trying to
create a slum area in Sunnyside , adding that he hates that has been said
and pointed out that previously in the newspapers h e was quoted as saying
that it was a needed project for the neighborhood . He stat ed that it was
charact erized as the deterioration of a large segment of our population,
adding that is not reflective of all the people who live in Sunnyside .
He went on to say that he was also quoted as saying it is the dumbest:
political move he has ever made because there are going to be unhappy
people no matter what; adding that , however, i t is a needed project and
it has been a needed project for many years in Jacksonville . He stated
that there has never been any intent to do anyth i ng but improve that
area. He recogni zed Mr . Jim McKenzie with Metroplan to answer question:>
and provide informat i on .
Mr. McKenzie reviewed, saying that Metroplan is the designated
Metropolitan Pl anning Organization required by Federal law to spend
Federal Transportat i on dollars in the area. He stated that in order to
do that, Me troplan firstly has to have a memorandum of agreement amon9
all partici pating l ocal jurisdictions along wi th the State Highway
Department and Transit Authority. He clarified that it must be agreed to
do cooperative planning and abide by the standard s and plans developed,
adding that if a signatory is not in agreement they are not el igible for
Federal Transportat i on Funding. Secondly, he re l ated that they have to
maintain a 20-year transportation plan , which Metroplan did when they
adopted their Metro 20-20 Plan in 1995. He related t hat public hearings
were held all over the Metropolitan area and the one thing that came
across loud and clear from every single community was that something
needed to be done abo ut the rail grade separations. He stated that rail
grade separations are separating households from schools, families from
hospitals , fi re stations from communi ties, and cutt ing communi t i es in
half, adding that they are considered dangerous and need to be addressed .
5
CITY OF JACKSONVILLE 000025
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M. -9:15 P .M.
He stated that foll ow ing the adoption of the plan in 1995, Metroplan
immediately began evaluating t he many hundreds of rail grade crossings in
the Metropolitan area. He related that a sophisticated evaluation system
was used to identified the top twelve separations that would provide the
greatest connectivity, safety, have the greatest ability to ease traffic
congestion and were evenly spaced across the Metropolitan area to provide
the greates t connectivity between communitie s . He stated that larger
MPO's (Metropolitan Planning Organizations) are given a direct allocation
of Federal dollars, adding that when Metroplan began the process they
received approximately 4. 5 million dollars and set up a competitive
jurisdiction application process for Federal funding. He added that it
was between 1996 and 1997 when the Board asked for competitive proposals .
He explained that when the grade separation proposa l f rom Jacksonville
came in, Metroplan wanted t o fund t he project but did not have the 4
mi l lion dollars, but were able to fund the Engineering t o gain a handle
on costs. He related from that point and time until the next year,
Metroplan finished their rail grade separation study for the region and
consultants estimated construction costs for all twelve of the identified
priority grade separations. He related that they ranged from 3 million
to 7 million dollars, adding that the Board made a commitment to fund
all twelve over the next twenty years and then the separations were
ranked. He stated that ma n y considerations were taken into account in
the r a nking ; the ability to improve safety , willingness of the railroad
to con tribute , and traffic volumes were modeled . He added that the
Jacksonville Ma in Street crossing was ranked first for funding. He t hen
said that as a result of going back and rev iewing those evaluations, he
feels safe in saying that if Jacksonville had made the proposal without
closing the Graham Road crossing, one block away from a 4 million dollar
Federal investment, Jacksonville would still be waiting for funding. He
re l ated that he does n o t feel Jacksonville would have ranked #1 on the
l i st but would be near t he bottom along with the majority of grade
separations that a re still struggling to be funded . He stated that the
p r oposal Jacksonville made was to close both crossings, adding this i s
not a condition imposed by the Metroplan Board , but is the proposal
Jacksonville made to the Board to seek Federa l funding . He concluded,
saying that all he i s suggesting is that Jacksonvi lle keep its word to
close the Graham Road crossing.
He then s t ated t hat he does not l ike to talk about such , but as he
mentioned before t h at Jacksonville would renege on its word to him is
inconceivable , addi ng that he does not believe that would happen. He
stated assuming Jacksonvil l e did, the Metroplan Board would have several
alternatives . He pointed out that the Board could ignore it and in that
case throw out t he entire plan and rules established because i f one
community i s not going to do what they say then the rules should not
apply to everyone else. Secondly, he surmised that the Board could ask
for the money back because while Jacksonville has the authority to open
that crossing , the money was granted for the grade separation by
promising t o close that crossing. He added that the Board could also
impose a moratorium on future investment of Federal funds in Jackson vi lle
until the City kept its word. He pointed out that the moratorium would
include the proposed grade separat i on at Loop Road, the funded planning
6
000026
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M . -9:15 P.M .
and engineering to widening Graham Road, as well as suspending the annual
$100,000 in Federal sub-allocation given to Jacksonville to spend on any
Federally e ligible project along wi t h any Fede ral investment to widening
67/167 through J acksonville . He pointed out that all of those projects
could potentially be at risk, adding t hat while he is j ust the Staff
Director and does not speak for the Board, he wou l d make recommendations.
He added that he would consider this a serious matter, feeling c ompelled
to make some kind o f r ecommendat ion on the outside chance that thi s
Council would renege on its promise. He exp lained that there are many
reasons t o close rail grade separations, pointing out that the Federal
government is pushing freight mobility across the nation and is trying to
close as many rail grade separations as possible. He added that whi le he
can talk about connecting comm uniti es, traffic counts , and private and
pub l ic i nte r est, the primary reason to close rail grade separations is
t hat they k ill people. He re f erred to a newspaper art icle passed to the
Council , saying that the article is from a 1979 Jacksonvil l e newspaper
regarding four teenag ers that were killed at the Ma in St re et crossing.
He stated that i n t h e last ten years t here have been 200 fatalities at
rail grade separations in t h e State , 1400 ra i l grade accidents at
Hi ghways , 200 fa tali ties and 500 injuries. He added that in Pulaski
County there have been 68 accidents, 3 fatalities and 15 i njuries , whict,
he fee l s is the most sign ificant reason to close a rail grade crossing.
He stated t hat from a technical standpoint he would repeat the
recommendation that he of fered to the Board l ast time , which is to cloSE!
the Graham Road crossing permanently a nd immediately .
In response to a requ est from Alderman Wilson, Mr . McKenz i e related t hat
until the last census the members in the Metropolitan a rea were Pulaski,
Saline , Lonoke and Faulkner. He added that the t r ansportat i on area is a
subset encomp ass i ng most of the area populati on; Faulkner County includes
Conway, Mayflower and Vilonia , al l t he cities in Pul aski, Cabot, and
Lonoke County principally Austin and Ward, Benton, Bryant and Saline
County as wel l as the County government. He stated that the
aforemention ed jurisdictions were all in competit ion for those funds.
In response to a question posed by Alderman Wilson , Mr . McKenzie state d
that he could not recall if Jacksonv i l le 's application was the only one
wi th two crossings being closed, but is sure it was the only one with two
crossings so c l ose together.
Alderman Sansing noted that the applicat i on process took place in 96 a nd
97 , adding that economic times change and asking if Mr . McKenzi e is
saying that the Metroplan Board wo uld sti ll want the crossing c lo sed even
if it forces people into bankruptcy and causes an area adve rse affects .
Mr . McKenzie stated that t he Mayor 's comment earl ier is well taken when
he sa i d that t he wh ole purpose o f the project i s to connect one side of
town to the other . He added that if Graham Road had not been c l osed the
town would s till be separated by a heavily used railroad track where
peop l e would still be p utting their life in danger on Main Street as we ll
as Graham Road if i t we r e reopened.
7
00f}0 2 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M. -9:15 P .M.
Alderman Twitty questioned if Jacksonville had not agreed to close the
crossing would the City be on the bottom of the list for an overpass .
Mr . McKenzie stated t h at he could not say that Jacksonville would be on
the bottom of the list but would still be waiting for funding because at
5 to 6 million dollars it takes all of the money that Metroplan r eceives
to build one grade separation and the politics of that gets "pretty
dicey".
In r esponse to a question posed by Alderman Sansing , Mr. McKenzie stated
that the Loop Road crossing is closer to t he bottom of the list, maybe
tenth.
Discussion ensued regarding Loop Ro ad 's ranking on the list of twelve.
Alderman Sansing stated that he understood it was r anked #2, and Mayor
Swaim added that the actual rating information is avai l able. Mayor Swaim
then stated that Jacksonville had a chance to get two in t he top twelve ,
but added that it wou l d be unfair for one j u r isdiction to dominate the
available funding because of the wait involved.
Mr. McKenzie explained that the best he can recall is that Loop Road is
currently r anked #9 , adding that the ranking does not mean that it wi ll
be the ninth funded. He explained that some of the grade separations on
State Highways mi ght be funded through the State and some j u ri sdictions
that ranked higher than Loop Road may n ot have the available mat c h . He
concl uded that the ranking does not necessarily co incide with the timing
of when the separations will be constructed. He stated that the Mayor
touched on a good point when he said that over a period of time Me tropl an
has to guarantee that the Federal f unding is spread over a geographical
area .
Alderman Sansing asked Mayor Swaim if h e f elt the Board would understand
the econ omic and property value issues involved with the closing.
Mayor Swaim stated that he fe l t the Board members wou l d be under s t a nding,
but added that they have their ow n juri s di ct ions to consider. He stated
that another jurisdiction is wit hout an overpass because Jacksonville
r ece ived the funding , adding that other jurisdictions may feel if they
had gotten that funding it would have boost their economic situation . He
pointed out tha t t here were seven to nine busines ses that went out of
business because the overpass was built, adding that no one has expressed
concern for tho se bu s ine ss owners. He r eminded that a number of
businesses went out of busines s when Hwy 67/167 was built because the
traffic pattern changed. He questioned i f cities should no t do
prog ressive things be cause of a negative impact at times. He added that
the easi est thi ng for him to do would be t o plead with the Board and
Metroplan regarding the crossing, but added that it wo uld create the
pos s ibility of Jacksonville not receiving future Federal funding . He
stated that while the other Board members might appreciate the situation,
they may also feel that Jacksonville did not keep its word, so they may
f eel they have to ma ke a comm i tment, otherwi se ther e is no enforcement
8
00 00 28 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETI NG
SEPTEMBER 18 , 2003
7 :00 P .M. -9 :1 5 P .M.
for fo l lowing the rules within the Organization. He then asked Mr.
McKenzie what the t echnical reasons for n o t recommend i ng the funding of
four lanes on Graham Road , which is the reason that two streets were
turned one way.
Mr. McKenzie stated that if the Graham Road crossing were reopened they
would have to go back and evaluate t he widening because as the proj ect is
currently proposed if reopened a significant amount of traffic would be
dumped from a wide road onto a very narrow roadway and then across a
da n ge rou s crossing. He told the Mayor that he hoped his words we re not
too harsh, but he wou l d considered it an act o f willful negligence to
intentionally encourage traffic to cross an "at grade cross i ng" knowing
how dange rous they are when th ere is an overpass one block awa y . He
stated that from a technical standpoint, aside from the policy is sue , he
believes the Metroplan staff would want to re-examine that entire
proposal , were the Graham Road crossing reopened .
Alderman Sans ing stated that he fee ls the need to make ce rtain comments ,
saying that recently i n t h e press he f i r st heard i t was the Railroad that .
want ed the c ros sing c l o sed. He t hen related that the Ra i lroad said
Jacksonville had it closed , and later that it was a gentleman 's
agreement. He added that he a l so heard it would b e a temporary closing
t o get people accustom to the new traffic pattern , and l a ter that it was
c losed because their was not much attendanc e at the p ubl ic hearings . He
added that at the last City Council meeting he finally realized that t h E!
decis ion to close i t was in 1997 before any of the public hearing s.
Mayor Swaim stated that it was j ust discussed that all the public
hearings were held before the applicat ion was made, adding that there is
documentation to prove that .
Alderman Sansing conceded the point, and questioned if there have been
any tra ffi c co unts on Loo p Road sin ce the c losing .
Mayor Sw a im stated that there have not b een any , adding that it was
expected in the p roposal that Loop Road woul d h ave incr eased traffic. He
re late d t hat Loop Road is a less traveled road and therefore it could
handle an increase in traffic flow.
Alderman San sing stated that since the closing there has been a proble1n
with trains . He explained that trains are now sto pping downtown, and
there has been an increased problem with vagrants in the area . H•2
related that he f ee ls t hat the problems were unfores een and that the
Metrop lan Board might be u nders tanding instead of what he considers as
"veiled threats" against wor king with the City in the futu r e. He
reiterated economic changes since the propos al, adding that he b e lieves
as time g o es o n there will not be an agreement over Graham Ro ad being
closed . He stated that he i s not in agreement a nd feels there are quite
a f ew citizens tha t f eel the same.
Mayor Swa i m recog nized members of the audience to address the Ci t y
Council.
9
00 002 9
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 200 3
7 :00 P.M. - 9 :15 P .M .
Mr. Steve Giles addressed the City Council, saying that he is an attorney
retained by Mr. Gerrick Feldman, owner of the Leader Pu blishing Company,
to speak on his behalf and on behalf of those in favor of removing the
traffic barriers. He asked the audience to stand if they were in favor
of removing the barriers , a guesstimated 2/3rds of the audience stood.
He stated that this is a very personal and sensitive business issue,
adding that he has just gotten into this and does not have all the facts
and information. He stated that he has learned some from Mr . McKenzie
this evening. He thanked City Attorney Bamburg for faxing him
information. He then related that having been a Deputy City Attorney for
many years he understands the public health, safety and welfare issues
and the importance of that, and the very hard decisions that City
Councils have to make . He stated that it seems to him from what his
client and others have told him that this is really a matter of
fundamental fairness. He added that his clients honestl y believe that
through the process regarding pub lic hearings that the direct business
owners most affected by the closing did not understand that the City was
going to close Graham Road at the grade crossing , adding that had they
known that they would have shown up and made a public record. He stated
that this decision is "killing these peopleu , and that they are going to
have to close t h eir businesses. He stated that some have already been
moving, addi ng that for others it is going to be much more difficult and
costly to move. He stated that the reason is because traffic is not
coming to their business , saying that traffic does not want to go to that
end of town now because i t is too far out of the way and they can not get
t here. He stated that some of these people .have suffered ve ry special
damages that are different from the pub l ic in general . He added that he
is here to a ppeal to the Coun cil 's sensitivities because, as he said
before, he does not know all the facts about the de cision process going
back to 1996 , but can relate that people are s uffering and they are
asking you to make the decision not t o close Graham Road. He stated that
he would offer a compromise, explaining that what he has heard tonight is
that the Ci ty has not actually closed the Graham Road railroad crossing.
He stated t h at he is s u re that City Attorney Bamburg has informed the
City Council that in order to do so t h ey have to pass an ordinance to
close t he right-of-way and then give the right-of-way to abutting owners .
He related tha t the City Council h as not done that, but just e re cted
barriers . He added t ha t the City and the public s t i ll o wn tha t right-of-
way subject to the railroad easements, saying that maybe a compromise to
help these people is to remove the barriers and wait to see regarding a
determination that it i s absolute l y necessary to c l ose that crossing . He
stated that he has not heard anybody say there have been accidents at the
Graham Road crossing , adding t hat he has seen the record on the Main
Street crossing but not Graham Road. He pointed out that this has been a
road for 10 0 years owned by the publ ic for vehicular purposes , which is
now being taken away and in doing so it is hurting l ocal businesses and
economy . He suggested that Council cons ider the compassionate proposal
to remove the barriers until such time. He added that he has heard that
the barriers h ave been there for about s ix months and that for another
six months the City is going to leave them to see if there a re any
unforeseen circumstances requiring closing it permanently . He suggested
that City Council remove t h e barriers and wait until the time they pass
10
000030
CI TY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18 , 2003
7 :00 P .M. -9 :15 P .M.
an ordinance to close the right-of -way, adding that maybe public hearings
could be held to hear from these citizens again as to wha t has happened
during that period of time, have things got better, or worse. He stated
"th at way you can save face with your citizens". He then related that he
is not aware of the legal implicat i ons of the Metroplan issue that Mr.
McKenzie raised, but said this seems to be the right thing to do for the
time being and reconsider at a later date. He offered that at least it
might give these people an opportunity if they feel like they have to
move to at l east have their business going while they make that decision .
He then raised issues regarding the problems experienced by his client
concerning access o f tractor-trailer rigs in and out of the business. He
stated that Oak and Elm Streets are not right angles and the eighteen-
wheelers are having real difficulty making those turns, adding t hat they
are running over sidewalks , and breaking drainage inlets that are costing
public money. He then pointed out that the eighteen whee l ers are also
running over people's yards, saying that one thing that could help woul c.
be to improve that intersection for truck access. He re l ated that the
e i ghteen-whee l ers are not even coming to Mr. Feldman 's business anymore
because of the intersection at that corner. He thanked the City Council
for the opportuni ty to speak .
Mayor Swa im stated that t he City Engineer, Street Superintendent and
himse l f have looked at intersect i on and Mr. Feldman's Driveway was
extended for h i m because he said that his trucks could not turn in, so an
effort was made to make it easier for the trucks . He added that the City
is looking at the proper way to make the turn possib l e for the trucks .
He related that as to the other issues, it is not what the City had said
but was incl uded in the public hearing information that the Highway
Depart ment released in its literature regarding it being closed unless
there were unforeseen traffic problems .
Alderman Fletcher expressed concerned, saying that he is trying to loo ~<
at the big picture because of other important issues on the agenda . He
mentioned what the City could loose should Graham Road be reopened,
pointing out those being the crossing at Loop Road and the widening of
Graham Road sayi ng that both would affect the area of town that benefited
the most through the ove rpass . He questioned the feasibility, if the
City wen t to Metroplan and self imposed a moratori um on City proj ects and
asked if they would just take these projects for the next five or six
years. He noted that the ones that are directly affected by thi s are the
people that the Council with good intentions i s tryi ng to help . He noted
that for a long time this town was divided in three sections because of
the freeway and the railroad. He stated that the freeway issues did not
last as long because of the overpasses and underpasses , adding that the
grade separatio n h as always been a dream of the City. He stated that it
hur ts him to see something that ought to be celebrated , dividing us . He
stressed the importance of unit i ng to deal with other issues on the
agenda . He s t ated that we are all partners that need to look at
ourselves not as an "us ve r sus them" issue. He stated that he bel i eves
that type of atmosphere creates mistrust between public servants and t he
11
CITY OF JACKSONVILLE ·00 00 31
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M . -9 :1 5 P.M.
public. He stated that the City Council is their representatives and
they are trying to do what is best for the City in the overal l picture.
He related that the City does not have 4 million dollars to repay, and if
the City places a self imposed moratorium on future projects it is going
to cost that area of town possibly l o nger than five to ten years. He
stated that all issues , like it or not, need to be laid out.
Mrs. Debbie Bartl and addressed the City Council, explaining t hat her
mother Francis Smith lives at 504 Graham Road . She stated that anyone
that has been down Graham Road coul d see what the b i g t rucks turning onto
Elm Street have done to her mother's yard. S he stated that the City has
done nothing about it, explaining problems with being able to mow the
grass.
Mayor Swaim assured Mrs . Bartland that as stated previously, the City is
looking at a solution to remedy that problem . He then answered Mrs .
Bartland, saying that the project took a long time to be completed and
the City will have to reroute the drainage in the area. He stated that
the City Engineer has reviewed the project and how it can be
accomplished , noting that currently the drainage inlet is on the corner.
He then offered to meet with her and her mother with the City En gineer to
hopeful ly expedite the process, if that would be agreeable .
Mrs . Bartland agreed, saying that so far the Ci t y has done nothing .
Mayor Swaim stated that he is sorry Mrs. Bartland cannot see anything
that that has been done, adding that he does agree with her statement,
but there has been work on the process to get i t fixed.
Mr. Jody Urquhart addressed the City Council, saying that he represents
the Local Governmental Affairs Committee for the Chamber of Commerce and
serves as a Chamber Board member . He stated that the Committee held a
meeting approximately one month ago, which was posted in the paper
letting the publ ic know that they were going to discuss the issue of the
Graham Road railroad crossing. He stated that e-mails to all b us i nesses
were sent out inviting them to attend. He stated that thre e Aldermen
attended along with the City Engineer . He related that none of the
issues regard i ng the understanding with the Metro Board was brought up at
the meeting, but the Committee decided to f o rward a motion to the Chamber
of Commerce Board to support reopening the railroad crossing. He stated
that eleven of the sixteen members Board were present and the vote to
support asking that Graham Road railroad crossing be reopened was f i ve to
two. He clarified that the first vote was a voice vote, adding that Mr.
Feldman had asked for a show of hands which proved to be five to t wo in
support for the opening of the Graham Road ra i lroad crossing, which
brings him to the Council express the Chamber of Commerce's desire to
reopen the rail r oad crossing .
Mayor Swaim stated that he attended that meeting, adding that he believed
the vote was five to t hree but was not absolutely sure. He stated that
while he is on the Board , he is not a voting member and did not count
toward a quorum.
12
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18 , 2003
7 :0 0 P .M. - 9 :15 P .M.
Mr. Wally Nixon addressed the City Council , saying that he is a l ong time
resident at 1412 Graham Road. He stated that he is very fami l iar with
Graham Road and would like to ask the City Council to look for every
possible way to preserve an o ption to reopen. He stated that it appears
to him that there is still a legal option to retain the crossing for the
reasons mentioned earlier. He noted his surprise to learn from talking
with Mr. Feldman, that the Leader employs so many people. He then
questioned if the Graham Road crossing was ranked in any way, mentioning
that the Loop Road and Main Street crossing were ranked. He asked that
the City Council consider the options that remain available, respond to
the people that live, work and have property in that area. He explained
that he recently acqui red a house in Sunnyside where he was raised and
where his mother still lives , adding that he agrees that the overpass is
a great thing and is pleased to have it. He went on to say that he
believes there should be the option of two crossings, instead of having
just one . He stated that he may not have been aware of the pending
closure but that it came as a surprise to him that it would sudden l y be
closed without a f ormal declaration or ordinance. He thanked Council for
the opportunity to speak; saying that he hopes the City Council will d o
the right thi ng.
Mayor Swaim stated t h at it was his understanding from the City Attorney
that the City was not required to pass an ordinance in this circumstance
since the City is not clos i ng the feasibility or the usage of the Road
running to Spring St re et , pointing out that the only part of the Road
that will ever be closed is the part that belongs to the railroad right-·
of-way.
Mr . Cecil Brittan addressed the Council stating that he knows most of the
members and they know him. He stated that he is not here to cast stones,
make accusations or try to be disagreeable. He stated that he believes
there has been some unforeseen things take place that no one recognized
regard ing an error wi th long reaching consequences. He re l ated that he
is speaking primarily on behalf of Jim Spurland and Ro n Powell who
recently purchased the laundry business and Mr. Peters, owner of the
Peters Fish Market . He informed the Counci l how Mr. Peters and his wife
came to be residents and business owners in Jacksonvi lle, investinq
$50 ,0 00 in rental property. He related that Mr . Peters was earning a
good living , but has now not been able to pay his rent in three months.
He added that Mr. Peters told him that he has lost 65% of his business.
He then explained that Jim Spurland and Ron Powell borrowed $85 ,000, and
took a second mortgage on their homes to enter the coin laundry business
in a rental building. He stated that he carries the mortgage on the two
building s that were sold in 1997. He stated that t he owner currently
works for the Army National and Air Force Exchange System in Tokyo. He
stated that when the current owner does not receive rent, then he does
not get his mortgage payment and would have to take the buildings back .
He stated that he cannot foresee that happening with as much money that
has been put into the deal, however it remains a possibility. He
requested if at all humanly possible a reopening be considered , saying
that he had not been paying attention but found it astoundi ng that no one
he has talked to knew the crossing would close.
1 3
000033
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M. - 9 :15 P.M.
He related that this came to his attention seve n weeks ago when h e was
i nformed that his prope rty value has decreased by 50 % in that area. He
stated that Mr. F eldman has 100 employees, and has said that not a single
employee knew that it was going to close. He related t hat he is making
his appea l from their standpoint, adding that he has not considered what
his own loss might be. He then posed a ques tion to Council, saying if
keeping the crossing closed devalued their property b y 50% would t hey
keep it closed. He stated that he is looking at four families t ha t
bought the buildings from him and are going to loose between 200,000 and
250,000 dollars . He related to the Counci l his cho i ce upon l eaving
Germany i n 1973 to make Jacksonville his home and after retiring i n 1976,
being helped as a small businessman by Mr. Pat Wilson . He noted that Mr.
Pat Wilson was an advocate of the small businessman through o ut many
years and a great leader in the Community . He suggested that if i t were
not fo r Mr. Wilson's leadership, Metroplan might not yet b e a reality .
He stated that he believes t hat the Council believes that if Mr. Wilson
were here t on i ght he would say, "lets do whatever we can and make an
appeal to Metroplan, so that we open this crossing and le t these p e ople
survive". He related that he does not believe it is anyone 's fault in
particular , but an error in judgments . He stated that h e does not
believe it was realized that it was goin g to cause thi s much difficulty .
He encouraged t he Council with the bible story regar ding Solomon and
David, appealing to their leadership as a quality that requires when a
man makes a mi stake to fix it . He stated that h e respects and esteems
the Council 's position, and realizes that not every body wil l e ver be
satisfied with any decision . He related that even though he lives in
Mountain View, he feels like a dual c itizen because he still keeps an
apartment in Jacksonville. He related that Jacksonvil l e has been a great
City to him, relating ear ly plumbing referrals from Mr . Pat Wilson ; in
conclusion, he stat ed tha t he believes that Mr . Wilson would say, "lets
make a way to open this crossing and revive that section of business".
Alde r man Lewis stated that he lives o n the eas t side of the ove rpass,
saying that for him it always seemed he was crossing t he tracks when the
train was coming. He stated that he i s very proud to h ave the overpass,
but questioned that while he is h e aring that people want the crossing
reope n ed, he has no t heard any suggestions o f h ow the mo ney could be
repaid. He stated that he would like to hear some suggestions, saying
that as it stands he is torn between the issues, adding that he would
like to see the crossing c l osed but also has sympathy f or the businesses.
As a foll ow up , Mayor Swaim mentioned that after hearing many t i mes that
no one knew about the Graham Road closing, he would like to relate that a
gentleman came to his off i ce last week from South Carolina, Mr. Emerson
Smith . He explained that Mr . Smith had been stationed he re and purchased
numerous rental properties, adding that Mr. Smith had related that he had
been reading the paper and wanted to express that he was aware of the
closing even from reading the papers sent to South Carolina . He re l ated
that Mr. Smith was not in favor of reopening the crossing, adding that he
only mention ed this because it is unbelievable to him that no one knew it
was going to be closed when it was discussed so many times a nd in so many
differe n t p l aces.
14
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 1 8, 2003
7 :00 P .M. -9 :15 P .M.
Mr . Jim Spurland co-owner of Emily's Magic Wash stated that he agrees
with Alderman Fletcher that the Main Street overpass is someth ing that
should be celebrated, but doubted that any Council member has a business
on that side of the tracks or has devalued property . He stated that if a
poll were taken it would be very slim, the number of Council members that
actually live on that side and have been affected .
He stated that he has heard assumptions tonight, one of those being that
if the City had not agreed to close Graham Road they would not have
gotten the funding for the overpass . He added that he d i d no t hear that
t o be a fact but just an assumption . He stated that another assumption
he heard was if Graham Road were reopened , the Ci ty will loose money or
have to pay it back and not get any kind of funding in the future. He
quest i oned if anyone has approached Metroplan and told them what is
occurring with a lot of peop l e in the area complaining.
Mayor Swaim stated that Mr. McKenzie is the Di rector of Metroplan .
Mr. Spurland questioned if i t is a fact that the City would loose funding·
in the future, or have to pay the back money .
Mayor Swaim stated that there would be no way to know for sure until the;
Board voted .
Mr. Spurland asked Mayor Swaim if he had known that there was going to be
this many people complain , would he have agreed to the closing.
Mayor Swaim offered an exampl e , saying that he had built a new home somE!
years ago in the Taneyville neighborhood and that after being
established, it was proposed that 100 units of low-income subsidized
housing be built in the area. He stated that without quest i on this
lowered h i s property value, adding that he did not approach the Planninq
Commission and asked that the hous i ng not be built but that t hey make
sure that there were two safe entrances into that subdivi sion for the
Fire and Police vehicles. He stated that everyone has suffered at
various times regardi ng different things . He stated there is speculati on
the City could go and poll the Board to see what woul d happen but added
that he does not believe that to be an actual gage until something was
actually done, he deferred to Mr. McKenz i e .
Mr . Spur land as k ed if Mayor Swaim was implying that he would hav·2
proceeded .
Mayor Swaim answered that he would have , adding that he is quoted in the
papers as saying it was a bad political decision , but having lived in
Sunnys i de in three differen t locations , the benefit that is coming out of
this would not have changed his mind at the time . He reminded everyone
that t here are people who had bus i nesses and suffered tremendous l y during
the construction phase, but no one seems to be mindful of that .
Mr. Spurland stated that is true, but added that it was temporary and the
Road is permanently closed.
15
000 0 35
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18 , 2003
7 :00 P.M . -9:15 P.M.
Discussion ensued regarding other businesses that went out of business
and financial aid to help them move.
Mayor Swaim noted that the City did not help them move, he added that
without being argumentative he would still make the same decision because
he believes it was the right thing to do. He stated that it had been an
issue that separated our City for a long time and is much needed, just as
the 100 units near his home were much needed. He stated that his
interest was more about safety than the devaluing of his property .
Mr. Spurland stated that is true, but how many properties have gone down
in value because of the closure, how many business are going to go out of
business.
Mayor Swaim questioned how many houses have gone up in va l ue because of
t he better access t o that part of town .
Mr. Spurland stated the he would l ike to see a show of hands from the
Council members who live on that side of the tracks . He then stated that
h i s main question was if this is just an assumption, that the City go
back to Metroplan and say that if we reopen Graham Road are we go ing to
l oose Federal funding. He stated that "yes, you would be going back on
your word but you did not know this was going t o happen either".
Mayor Swaim stated that from his standpoint as a voti ng member of t he
Board, if another city had the same situation he would look very strongl y
at penalizing that city.
Mr. Spurland stated, "All I want i s an answer are we assuming".
Mayor Swaim answered, "you have already gotten the answer, the assumption
was that it would be". He added that Mr . McKenzie said t h at was his
opinion, meaning that was an assumption.
Mr . Spur land stated, "No, are you assuming".
Mr. McKenz i e interjected, saying that precisely what he said was , not as
a threat to Jacksonville and painful to say, but that the options fo r the
Metroplan Board could include asking for the money back, insisting that
Graham Road be closed as a condition for future Federal funding, and as
the Mayor said earlier they may or may not do any of those things . He
then added that he could say that as the Staff Director he would strongly
recommend that members should do what they said they are going to do
unless there is an overr idi ng publ i c interest to the contrary. He added
that after meeting with some of the involved prope r ty owners in h i s
office and offering to meet with anyone involved to look at the issues
and in meeting with the Mayor and his staff, it is his opinion that this
is not the case in this instance. He stated tha t he would so recommend
to the Board that they ask for Graham Road to be closed, ask for the
money back and pending one or the other withhold future Federal
Transportation Funding from Jacksonville. He stated that this is not a
p l easant thing for him to suggest and he takes no pleasure in i t.
16
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M. -9:15 P .M.
Alderman Sansing questioned Mr . McKenzie 's comme nt, u nless there was a n
overriding public interest to the contrary. He gesture d to t he audience ,
s aying these are the people that a re directly affected, these are the
p eople that have an inte re s t . He stated tha t he believes t h i s is a very
overriding public int eres t .
Mr . McKenzie stated that with a ll due respect , h e be lieves what is being
seen is an expression o f pri vate interest , which obviously needs to be
weighed in the public interest b ut that t h e totality of private i ntere st
does not necessarily de f ine the publi c interest in the l ong t erm . He
stated that if t h e two businesses in que s tion are t o be saved you would
have to close the Ma in S t reet overpass because it causes a permanent
d i version o f a significant amount of t r af fi c that wil l not re t urn to
Graham Road as a result of a reopening .
Mrs. Brenda Long add res s ed the Council, saying that she is n ot greatly
affected by the clos ing because she lives on Sorrells Street and is able
to t rave l down Hwy 1 61 or Loop Roa d. She stated t hat he r son lives on
Pulaski and h as a probl em with drugs be ing dealt across from his horne ,
adding that h er son has indi cated that he does n ot see as many police
cars in the area. She expressed concerns that t he neighborhood i~
b ecoming a ghetto . Sh e stated t h at her point would be what coul d be done
about the Sunnyside Addi tion and the traffic that is being routed through
a n d causing prob l ems .
Mayor Swaim stated that no patrol s of the area have be en changed. He
c l ar ified that he never sa id Sunnyside was a ghetto or would become a
ghetto , adding that the paper had accused him of creatin g a ghetto . HE!
added that the Ci ty has spent a significant amount of money to improVE!
Sunnyside by building houses and selling them at or below what it cost to
bu ild . He no te d over 3 million dollars of infrastructure improvements
regarding water, street and sewer .
Alderman Twitty stated that i t was her understanding a l l along that in
order to get the fund i ng for the overpass t he Graham Road cross ing would
be closed. She stated t hat that no one had come forward before t o voice
their opposition and that she is sure the membe r s of the Council felt
t h ey were acting in the best interest of the City.
Discussion ensued regarding the attendance of the public hearings bein g
at as much as 100 in attendance at one meet i ng .
Mr . Jerry Richenbach addressed the Council , stating that he does not live
on that side of town, but understood just from reading the headl ines i n
the paper that the crossing was closing. He asked that the Council hold
up the l iterature that was provided by Mr . McKenzie , saying that the
articl e invo l ving the deaths of fou r y ouths i s the reason the Main Street
overpass was bui l t and questioned who would stand on the assumption tha t
it would no t happen at Graham. He concluded saying that he cannot see
any l ogica l reason for r eopening Graham Road and have someone killed the
n ext day .
17
Or,n!137 . ~ ~ : ; ~ . . ...p .· .. '"
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M. -9:15 P.M.
Mayor Swaim quieted the audience, asking them to show courtesy to all
speakers.
Mr. Fred Zoral of Harold Street addressed the City Council, saying that
he has lived on Harold Street for twenty-three years and has never yet
seen anything in the paper regarding closure of the Graham Road crossing.
He added that the Mayor told him that the closure would only be temporary
but the next thing that happens is that the railroad tore up the
crossing. He stated, "What is the true story".
Mayor Swaim stated that the true story is as he had related, stating it
was to be closed temporary a nd not taken up as i t relates in the
statement from the Highway De partmen t, that there would be a year to look
at the closing if it created a major traffic problem. He added that the
Railroad did come and tear the crossing up and t hat he along with the
City Engineer began working to get it put back because that was not the
agreement with the Railroad. He stated that is the story documented by
the Highway Department and that he has not deviated from that
information . He stated that it would be a misunderst andi ng to
i nterpreted that as meaning that it would be closed for a while and t hen
opened by up.
Mr . Zoral disagreed, saying that he was told it would b e "temporary
permanent closed because I asked you about permanent closing and you said
No, just temporary , we want to keep it temporary in case of any k ind of
emergency we can open Graham Road up".
Mayor Swaim stated that he did say that , explaining that he had said that
i t would be opened up if there was an emergency, but it would not b e
permanently closed until we had time to decide on the traffic . He stated
that it is as simple as he read , "if no u nforeseen traffic problems
develop they will proceed with a permanent closing". He related tha t is
the statement as written and that is the statement he followed. He
stated that the City is doing exactly what t hey said they would do. He
then explained that one of the papers contacted the p ublic relations
person at the Railroad who expressed that they did not care if the City
opened the cross ing, so in turn he then cal l ed the Railroad and related
that if they did not care , he would like to look at that in a year a n d
see what they can do. He added that the Railroad then sa id that was not
the agreement. He continued that the paper then went back and spoke to
the representative that knew about the agreement and then the paper
quoted that person as saying that there was an agreement to leave i t
t e mporarily and then take it out .
Mr. Zoral stated that he was also told that if the City did, it would
have t o pay back the Railroad $50,000 and now Mr . McKen zie is saying that
we would have to pay everything back.
Mayor Swaim stated that in his discussion with Mr . Zoral, he had related
that the Railroad had offered $50,000 to take out Graham Road, adding
that he did not enter into discussion regarding the 4 mill i on because the
18
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M. -9:15 P.M .
$50, 000 was regarding Graham Road. He stated that the City did not
accept the $50,000, but turned it down and it was never accepted.
Mr. Zoral stated that he is confused , but hopes the Counc i l will open the
crossing allowing him the option. He s t ated that he does like t he new
overpass , but does n ot use it, adding t hat it is convenient . He stated
that for himself he likes the fre e dom of choice if he wants to take
Graham Road, which is bet ter
h aving to ta ke t h e overpass .
opened not for himse lf, but
business there he believes h e
it opened.
for him to travel to the Air Base then
He stated that he believes it needs to be
business wise , adding that if he had a
wo u ld get a lawyer and sue the City to get
Alderman Stroud stated that he is aware that this is a controversial
i ssue and he wishes everyone speaking now had made those comments during
the public hearings phase. He stated that the overpass is a good thing,
relating that he had performed service calls across the tracks for
twenty-one years and was generally stopped going or comin g or both ways.
He stated that if he lived on that s i de of town he believes he wou l d be
very pleased with the overpass, adding that it is not much furt he r tc
take the overpass to get to the north side of town. He stated that witt.
the overpass travelers wi ll know they can get across and will not be
stuck by a train . He stated that his sympathy is with the businesses
that are in the a rea, but the City does not make decisions on a n
emotional basi s. He stated that decisions are made regarding what i!:;
bes t for the City, adding that he can appreciate sympathies from other
Council members but when it is all said and done, decisions have to be~
based o n what is best fo r the City. He stated that the pub l ic can vote
the m out next t i me , but h e hopes wh e n they have the posi t ion they will do
what is be st for the City and not for themse lves .
Alderman Sansing thanked t h e citizens for their attendance, saying that
he is glad they stood up for what they believed and urged them to become
more involved in what happens in City government . He stated that City
Council is held twice a month , asking that they continue to come t o the
meetings . He stated the need to carry on with the agenda.
Mayor Swaim questioned if t he re is any action t hat the City Council would
wish to take at this time, hearing none, Mayor Swaim announced the next
item of business .
b. DISCUSSION regarding a tax to fund the Joint Education Facility ,
Aquatics Park , Police and Fire Training Facility and City Operations.
Mayor Swaim stated that before the Ordinances are introduced, there
should be discussion to determine if there i s enough interest to move
forward . He stated that at this time, he would like to recogn i ze any
citizens or group t h a t would wish to address the proposal for the City
One -Cent Sales Tax .
1 9
CITY OF JACKSONVILLE 00 00 3 9
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7:00 P.M . -9 :15 P.M.
Mr. Jay Hudson addressed the City Council, stating that he owns a
business as well as properties in Jacksonvi lle . He related t hat he is
concerned regarding the way the ordi nance is written, which introduces
three items on one sales tax. He questioned why the items were grouped
together and why there is not an ending for the sales tax. He noted that
the $2 ,500 cap does not directly address anything other than vehicles,
appliances or construction . He added that in his business h e has artwork
that sells for quite a bit more than the cap. He expressed sales tax
problems at the State level with the same sit uation in the past.
Mayor Swaim clarified that a single purchase item over $2 ,500 would be
exempt from full col l ection of the sales tax, adding tha t the i terns
listed are examples of such items.
City Attorney Bamburg address the concern, saying that single transaction
is specifically defined in Ordinance 1204 and is the definition that has
been used and promulgated by the Department of Finance and Adminis t ration
and other cities who adopt this type of o r dinance . He stated that it is
taken almost specifically from State Statutes . He stated that as he
understands, the same de finition has been applied in the past regar ding
single transaction be ing any individual item purchased t hat exceeds the
cost of $2,500.00 being a maximum of a $25.00 do l lar tax .
Mr. Hu dson reiterat ed h i s earlier question.
Mayor Swaim stated that the decision to group the items together was
interpreted through a Chamber of Commerce group, explaining that the
feeling was that all the i tems ne eded funding and t hat voting on them
separately would not be as reasonable as voting on the them a l l at one
time . He explained reasonable meaning that the one-cent would be used to
fund t hese items , and that it wou ld b e h ard to det e rmine how much the tax
would be generated , noting that otherwi se you would have to pre-specify
what portion is dedicated to what item. He stated that a sunset clause
was not prescribed because current revenues a re not considered enough to
operate mos t cities in Arkansas . He stated that the need for a permanent
one-cent sales tax is there for the City to continue to provide the level
of services currently p r ovide d.
Mr. Hudson stated that he would l i ke to the see the items separated so
t hat individuals could vote whether they want the one-cent sales tax to
fund the Education Facility, the Park or a llow an increase to the General
Fund. He stated that he believes that would be the fairest met h od to
determine what the voters prefer.
Mayor Swaim sta ted that there could be two schools of thought on that,
sayin g that there could be more positive or negative votes given t hat the
items are grouped together , but added that there is no sure method as to
which it migh t prove to be. He c lar ified that the present o rdinances are
the c u r r ent proposal and the Council can choose to change that . He
stated that it i s being offered as a package and if it is not funded the
City will have to seek other revenue to fund those items or he agreed the
City would have to do wi thout them.
20
000 .04 0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M. -9:15 P.M.
Alderman Lewi s stated that t axes have been held down for the citi z ens in
J acksonville for many ye ars and the citizens have been good to fund taxes
with a sunset clause when they were asked . He added that if anything is
g oing to be done t o help City revenue, hi s fe eli ng is that it should be
grouped together and put before the public fo r a vote . He no t ed that i f
funded the Educational Facil ity would bring revenue into t he City as well
as the Aqu atics Park. He n oted that the current poo l is in need of
repairs and it would be best to have it replaced .
Alderman Smith stated that he was on the Comm i ttee that proposed grouping
t h e i tems, adding that it was discussed at great length and this was the
recommendation .
Mr . Jody Urquhart stated that he is a thirty-one year resident of
Jacksonville and believes the proposal is a "quality of l ife" issue that
is needed in this Community . He no t ed the age of t h e current pool and
stated that he feels it i s time the chi ldren have a nice pool facility,
adding that it creates a better quality of life for them . He added that
the Education Facility is definitely a "quality of life" issu e , pointing
out that it would bring people into the Community that are current l y
being lost because the Air Base can not handle t h e volume . He stat ed the
City Council has proven itself a responsible body given t he City budget,
pointing out that there are n o problems with debt in the Community . He
stated that the City Coun ci l i s offering an opportunity to improve the
qual ity of li fe in the Community without creating debt. He stated that a
Training Faci lity for the Fire and Police is the kind o f i nvestment that:
makes good Fire and Police Department s t h at are better able to handle the
Communities needs. He urged support of the proposal .
Alderman Elliott noted that i f you build facilities t here has to be
fund ing for continued operat i on regarding fund i ng for the General Fund.
Mr . Mike Wilson presented a framed rendering of the proposed Education
Facility, adding that Major Harding who i s i ns trumental rega r ding work
for the facility would like to have the picture presented to the City a1:
a later date for d i sp l ay i n either City Hall or the Chamber of Commerce .
He related that the Comm i ttee has been working on the project fo r
approximately two years, a nd with the advice of the Counc i l, pro j ec·c
funding was deferred pending the resolution o f the separate school
district i ssue . He stated t h at through a survey and efforts regarding
the separate school districts citizens have overwhelmingly shown an
interest and concern for Education in the Community . He stated that h e
is satisf ied that with the adoption of the ordinances, the members of the
Committee and supporters of the Education Faci l ity will d i rect their
energies to h e lping the proposal succeed .
It was noted that local high schoo l stu de nt s would be ab l e to acquire
co llege courses at the Education Facility . Mr . Wilson noted that many of
the Colleges hav e expressed an interest in teaching at the F aci li ty,
adding that advanced p lacement courses are highly possible . He stated
that it is hoped that some of the interest being shown for higher
education can be parlayed toward the public schools t o benefit everyone .
21
'.t 000041
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P .M. -9:15 P.M.
Alderman Twitty noted that the best advantage is that it is a par tnership
with the Air Base . Mr . Wilson agreed, saying that the channels, which
the Air Force is working through, have been favorable . He complimented
the Air Force for their time and effort t h at they have already put i n t o
the project, noting that the proposal is a 50/50 partnersh i p with each
investing approximately 5 million, which would provide a state of the art
facility that no o t her city in the State has.
Discussion ensued r egarding the public survey conduct ed by the City two
years ago, which clearly identified an educatio n facility as an important
need f or the Community.
Al derman Twitty related that because of her grandson, who is currently
attending college at Jonesboro she i s aware of the d i fficul ty for
civilians to get onto the Base for classes as well as the short age of
c l asses offered because of the volume they are trying to serve.
Chamber of Commerce Director Bonita Rownd pointed out that the majority
of cities in the MSA already impose a two-cent tax, addi n g that
Jackso nvi lle has been lower for some time. She the n pointed out that 82%
of the businesses in the area have supported the Education Facility and
felt that it was important to the economic development and work force
preparedness. She also reiterated problems with the Air Base being able
to handle the volume interested in taking c l asses.
Mrs. Melody Toney the Education Officer on Base, stated that the c urrent
building and accommodat ions have been utilized to t heir maximum, adding
that the new building would be probably the most high technical building
in the State. She noted that as technology changes it would be easy to
upgrade. She stated that most of her classes can only hold 15 stu dents
and the new building would be design to hold 24 to 50 students . She
stated that it would be a very impressive building for J acksonville,
adding that high quality education would be provided through many
Universities from the basics to a masters p r ogr am. She stated that the
Air Force would probably contribute more than the 5 mi llion regarding
environmental requirements. She then encouraged support of the proposal.
Mr. Leroy Akridge stated while he is not an e ducated man he would like to
express his support for the Education Facility. He stated that anyth ing
proposed for the education of our c hildren and for the Po lice and Fi re
protection should be supported.
Parks and Recreation Chairman Marsha Dornblaser stated that she wanted to
speak in support of the Aquatics Parks , rel ating her years on the
Committee t o build a Family Aquatics Cente r for the City. She stated
that she s upports the o ne-cent sales tax, saying that there i s everythi ng
to be gained . She stated that while the pool may be viewed as an
expensive project , the quality of life gained for fami lies cannot be
measured. She stated the possibility of enticin g young families to move
to Jacksonville, adding that al l the items proposed are pluses for
Jacksonville not only for the City but for surrounding cities wanting to
use the facilities. She stated that the proposa l is a "must do".
22
00 ·00 .42
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18 , 2003
7 :00 P.M. -9:1 5 P .M.
Alderman Fletcher n oted that i t i s not a proposition o f obtaining a
better pool, i t is more of a proposit ion where t he City has l ost it
cur rent pool and it must be replaced .
Par ks and Recreation Chairman Marsha Dornblaser stated referr i ng to t h e
word "assumption" that has been heavily used, she would like to say
spe aking as Chairman of the Parks and Recreation Commiss i on that a s a
valid assumption t hat there i s no feasibility in re i n v est i ng i n t he
current pool . She stated that the situation p resents i ts el f t h at there
would be n o open publi c swimming facility for t he City of Jacksonville
without a new pool.
Alderman Stroud stated that regarding a determination from the Heal th
Department it is a given that there will not be a permi t for an outdoor
pool next year . Parks and Recreation Ch airman Dornblaser agreed.
ORDINANCE 1203
AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE PERCENT (1 %) SALES AND USE
TAX WITHIN THE CITY OF JAC KSONVILLE, ARKANSAS ; PRESCRIBING OTHER MATTERS.
PERTAINING THERETO ; AND , FOR OTHER PURPOSES.
Al derman Elliott moved , seconded by Alderman Smi t h that Ordinance 1203 be
p l aced on FIRST READING.
Mayor Swa i m n oted that a date for t h e election will be included .
ROLL CALL: Alderman El liott, Smith , Lew i s , Sansing, Ray, Wilson,
Fletch er , Stroud , Twitty and Howa rd vo t ed AYE . NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordi nance 1203 .
Alderman Stroud move d , seconded by Alderman Sm i t h to APPROVE Ordinance
1203 on FIRST READING . ROLL CALL: Alderman El l iott , Smi t h , Lewis ,
Sansing , Ray , Wil son , Fletcher , Stroud , Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED.
Alderman Fletcher moved, seconded b y Alderman Wils on to suspend the rule.s
and place Ordinance 1203 on SECOND READING. 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 o f Ordinance 1203 .
Alderman Lew i s move d, seconded by Alderman Smi t h to further suspend the
rules and place Ordinance 1203 on THIRD and FINAL READING.
Alderman Stroud noted that the City reven ue stream needs to be increased ,
adding that Counci l is aware t hat a two-cent hamburger tax could be added
without a publ i c vote but would not be enough and there is also the
option of a 5 -mill p roperty tax , which wo u l d n ot be the first choice . He
stated that in speaking to c itizens he l earn ed tha t they would prefer a
o n e-cent sales tax than a 5-mill property tax .
23
: ·00 084 3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7:00 P .M. - 9 :15 P .M.
Mayor Swaim clarified that the City is not in arrears , but revenue
collections are runni ng behind from the previous year's c o llect ion s.
ROLL CALL : Alderman El l iott, Smith, Lewis, Sans i ng, Ray, Wilson,
Flet c her, Stroud, Twitty and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 120 3.
Alderman Smith moved, seconded by Alderman F l etcher that Ordinance 1 203
be APPROVED AND ADOPTED. ROLL CALL : Alderman Elliott, Sm i th, Lewis,
Sansing, Ray, Wilson , Fletche r, Stroud, Twitty and Ho ward voted AYE . NAY
( 0) . MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1203 THIS 18th DAY OF SEPTEMBER
2003 .
ORDINANCE 1204
AN ORDINANCE CALLING FOR A SPECIAL ELECTION IN THE CITY OF JACKSONVILLE,
ARKANSAS, ON THE QUESTION OF LEVYING A ONE PERCENT (1%) SALES AND USE TAX
WITHIN THE CITY OF JACKSONVILLE, ARKANSAS; DEFINING THE TERM "SINGLE
TRANSACTION"; PRESCRIBING OTHER MATTERS PERTAINING THERETO ; DECLARING AND
EMERGENCY; AND, FOR OTHER PURPOSES.
Alderman Elliott moved , seconded by Alderman Smith that Ordinance 1 203 be
placed on FIRST READING .
Discussion ensued and it was the consensus of the Council to p r opose the
election date as November 13 , 2003.
Alderman Elliott moved, seconded by Alderman Smith to amend the MOTION to
include the date of November 13, 2003 for the proposed election date .
ROLL CALL : Alderman Elliott, Smith, Lew is, Sans i ng, Ray, Wilson,
Fletcher, Stroud, Twi t ty and Howard voted AYE . NAY (0). MOTION CARRIED.
Whereupon Ci ty Attorney Bamburg read the heading of Ordinance 1203.
Alderman Stroud moved, seconded by Alderman Howard to APPROVE Ordinance
1204 on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Lewis ,
Sansing, Ray , Wilson, Fletcher, Stroud, Twitty a nd Howard voted AYE. NAY
( 0 ) . MOTION CARRIED .
Alderman Sansing moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1204 on SECOND READING . ROLL CALL: Alderman E ll i ott ,
Smith , Lewis, Sansing, Ray, Wilson, Fle tcher , Stroud, Twi tty and Howa rd
voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg
read the heading of Ordinance 1203.
Al derman Smith moved, seconded by Alderman Lewis to further suspend the
rules and place Ordinance 1204 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott, Smi th , Lewis, Sansing, Ray, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 12 03 .
24
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7:00 P.M. - 9 :15 P.M.
Alderman Lewis moved , seconded by Alderman Sansing that Ordinance 1204 be
APPROVED AND ADOPTED . ROLL CALL : Alderman E lliott , Smith , Lewis ,
Sansing, Ray , Wilson, Fletcher, Stroud, Twitty and Howard voted AYE . NAY
(0). MOTION CARRIED .
Alder man Smith moved , seconded by Alderman Elliott that the EMERGENCY
CLAUSE be attached, approved and adopted. ROLL CALL: Alderman E l liott,
Smith , Lewis , Sansing, Ray, Wilson , Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1204 THIS 18th DAY OF SEPTEMBER
2003.
c . PRESENTATION of Vertac Redevelopment Study
Mayor Swaim noted fina l copies as provided to Council regarding the
redevelopment study for the Vertac Superfund Site. He recognized
Di rector of Adm i nistration Murice Green to address the i t em .
Director of Administration Murice Green noted that what took place i n the
previous hour is a good examp l e of how things happen . He explai ned that
the City needed a grade separation for many years, which was discussec.
for many years and today we are defending those actions .
He noted that the City has worked for t welve years to clean up the
superfund site and another three years to obtain funding to study develop
for the site . He stated that four publ i c hearings were held, one at thE!
City Hall, and the Rotary Club with a captive audience, one at the
Recycling Ce n ter wher e only one person showed up and one at the Elderly
Ac t ivi ties Center where only one showed up . He stated that this is a
plan that lays the groundwork for what will be done now and i n to the
future . He stated that his feeling is that when the actual construction
begins, people will most likely claim they were not aware of any plans
regarding the property . He stated that he is disappointed t hat the
citi zens who were here and knew what was on the agenda did not remain to
hear the proposal. He added that he hopes the newspape r s will cover the
story, adding that so far they have written good articles about the site
and the publ i c hearings in efforts to receive public interest . He stated
that the only change from the previous draft is in appendix 8, option 2
there was a change to the area regarding the solid wa ste area which was
moved more to the west of the property which opened more o f the north and
east property for future industrial d eve lopment . He noted an
administrative change, saying that the sewer service is limited to the
facility . He asked that the proposal be adopted fo r future use, adding
t hat any opportunities for grant money would require a plan in p lace . He
recommended option two as the proposal for adoption .
Alderman Smith moved , seconded by Alderman Howard to adopt Option two for
the redevelopment of the Vertac Superfund Site .
Alderman El l iott acknowledged Director of Administra tion Murice Green fer
hi s efforts .
25
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
SEPTEMBER 18, 2003
7 :00 P.M . - 9 :15 P .M .
Mayor Swaim noted that monies spent to conduct the study and develop the
plan came from a grant received by the Cit y .
In response to a question posed by Alderman Lewis , Mayor Swaim stated
that the area that is being taken care of by Vertac will not be
developed . He stated that the City has ownership of approximately 70
acres of the site.
Alderman Lewis suggested that tre es be planted 1n the area to add to the
esthetic background .
Mayor Swaim noted that when the site was cleaned a proposal was presented
to EPA and they have given approved for the vegetation that would be on
s i te.
Alderman Smith reiterated Director of Administration Murice Green 's point
that there is little public interest regarding the public hearings that
are held, noting the same response for the Sewer Commission meet ings
regarding the imposed s ewer t ax.
It wa s the consensus of the Council to detach from the property being
called the Ve rtac Superfund site and it was p r oposed that the property be
referred to as the Mayor Swaim Development.
Alderman Ray noted that he had heard from one citizen who wanted the City
to consider lo cating a go-cart track on the site.
At this time MOTION CARRIED .
Alderman Twitty encouraged the audience and members of Council t o
activ ely support the proposal for the one-cent sales tax.
APPOINTMENT (S) :
ANNOUNCEMENT(S):
ADJOURNMENT :
Mayor Swaim without objection adjourned the meeting at approximately 9 :15
p .m.
Respectfully ,
~u.rsL, lCZ4t, MAY TOMMY SWAIM
26
I ooorJ46 City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
October 2 , 2003 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:
Regular C ity Council Meeting
September 18, 2003
Regular City Council Meeting
September 4, 2003
7 . WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9 . POLICE DEPARTMENT :
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12. PARKS & REC DEPT :
13 . PLANNING COMMISSION :
14 GENERAL:
2003 FEMA Grant Match
(Mayor Swaim)
ORDINANCE 1205 (#13-03)
Creating JMC §18.72 Providing
Landscaping Regulations
(Alderman Stroud)
PUBLIC HEARING 7:00P.M.
15. APPOINTMENTS :
16 . ANNOUNCEMENTS :
ADJOURNMENT:
a. ORDINANCE 1208 (#16 -03)
Closing and Abandoning 700 feet
of Campbell Drive (Mayor Swaim)
b . ORDINANCE 1206 (#14-03)
Annual Millage 2004
(Mayor Swaim)
c. ORDINANCE 1207 (#15-03)
North Pulaski Waterworks
Publ ic Facilities Boa rd (Mayor Swaim )
.>00004 7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7:00 P.M. -7:58 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t he City of Jacks onvi lle, Arkansas met in Regu l ar
Session on October 2, 20 03 a t the regu l ar mee ting pl ace of the Council .
Alderman Howard d e live red the invocation and Mayor Swaim led a stan ding
audience in t he "Pledge of Al legiance n to the f l ag .
ROLL CALL: Aldermen : Elliott, Smith , Lewi s , Sansing , Ray , Wilson , Fletcher,
Stroud, and Howard answered roll call. Mayor Swaim also answered ROLL CALL
dec laring a quorum. PRES EN T nine (9), ABSEN T (1). Aldermen Twitty was ill.
Others present for the meeting were: City Attorney Bo bby Bamb u rg , Deputy
Clerk He a ther Palermiti, Director of Administration Murice Green ,
Director of Hum an Reso urces Ch arlie Brown, CD BG Dire cto r Theresa Watson ,
City Engineer Jay Wh is ker , Di rect or of Public Works J im Oakley, Parks and
Recreation Director George Bi ggs, Police Chie f Ruthven, Fire Chief
Vanderhoof , Finance Director Pau l Mu shr ush, Planning Comm i ss i on Chairman
Art Brannen, Planning Commissioners Susan Dollar and Chad Young , Chambe r
of Commerc e Director Bonita Rownd , Mr. Ben Rice , Mrs. Judy Swaim , Mr.
Tommy Bon d, Mr. Larry Dupree, Mrs. Lendy Lewi s, Ms . Roberta Bonham, Mrs .
Addie Gibson, Mr. Larry Smith , interested citizens and me mbe r s of t h e
press .
PRESENTATION OF MINUTES:
Mayor Swaim p r esen ted the minutes of the Regu lar City Council meeting o f
September 18 , 2003 for approva l and /or correction at t he ne xt Regularly
Scheduled City Counci l Meeting .
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Lewis that the minutes of the
Regular City Council Meeting of 4 September 2003 be APPROVED. MOTION
CARRIED.
FIRE DEPARTMENT: 2003 FEMA Grant Match Request
Mayor Swaim re lated that the F i re Department received a grant for
a p p r oximately $78 , 000 and that the matching s h are for the City is
$7 ,8 45 .00. He proposed that the mat c h be taken from t h e Fire Depa rtment
Equipment Fund .
Chief Vanderh oo f s tated that the Fire Department ha s been fortun ate to
re ceive the grant fo r two consecutive years . He added that the grant
would allow the Fi r e Department t o fin i s h stand ardiz ing their air-pack
equipment and provid e a portion to be dedicated to the "Wellness P rogramn
for t h e purchase of equipment and training.
Alderman Elliott moved, seconded by Alderman Wilson to approve the
expenditure of $7,845.00 as matching grant funds to be drawn from the
Equipment Fund . MOTION CARRIED.
PUBLIC HEARING 7:00 P.M.
DRIVE .
CLOSING AND ABANDONING 700 FEET OF CAMPBELL
1
00 0 0 4 8 CITY OF J AC KSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2 , 2003
7 :00 P .M. -7:58 P .M.
Mayor Swai m opened the pubic hearin g at approximatel.y 7 :03 p .m. He
stated that the 700 ft. section o f Campbe ll Drive to be closed is l ocated
between Redmond Road and Main Street. He explained that Lomanco owns
both sides of the Street and i s propos i ng to expand their operation . He
invi t ed comment from the audience.
Mr. Tommy Bond stated that the purpose of expans i on i s t o allow Lomanco
to connect their faci l ities located on both sides of the Street and
improve operations.
Mayor Swaim noted that Lomanco has purchased approximately 75% of the
p r operty located on Campbel l Dr i ve and owns the affected property, adding
that there are no other establishments i n the area t h at wou l d require
access from the portio n of Street being proposed for closure .
Al derman Stroud stated that he would be pleased to see a local owner for
the mi ni-warehouses, expressing his past concerns for maintenance of the
prope r ty.
Mr. Bon d added that there are plans to improve the area d rainage,
estimating cost of approximately $200 ,000 .00.
Mayor Swai m closed the publ.ic hearing at approximately 7 :08p .m .
CONSENT AGENDA :
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT:
STREET DEPARTMENT :
PARKS & RECREATION :
PLANNING COMMISSION : ORDINANCE 1205 (#13-03)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §16 . 20 .; AMENDIN (;
JACKSONVILLE MUNICIPAL CODE §18 . 72 .; PROVIDING LANDSCAPING REGULATION S
AND REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL, AND MANUFACTURING
DEVELOPMENT, SITES , AND ZONES ; AND, FOR OTHER PURPOSES .
Alderman Stroud read from a p repared s tate ment, saying that the Ordinance
has been called everything from the "Green Ordinance" to the "Ordinance
that takes the green out of Jacksonville". He added that it is i ronic
that the most stringent ordinance of its kind resides in Fayetteville,
which happens to be the fastest growing economic area in the State. He
related that the Ordinance i s ne i ther punitive n o r would it cure the lack
of planning that has taken pla ce in the past regarding the vast acres of
asphalt parking lots with no trees , shrubs , grass , o r the gravel parking
lots , unscreened Dempsey Dumpsters, or trashy storage areas . He stated
that he hoped the Ordinance would instill a renewed sense of pri de among
some of the "harder featured businesses" owners, which might come as a
natural result when new businesses comply with standards and raise the
2
000049
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7:00 P .M. -7:58 P.M.
overall appearance o f the City. He stated that aesthetic issues
regarding existing business could be address later with a possib l e
incentive program that would reflect a more progressive attitude toward
aesthetics in Jacksonvill e. He related that the P l anning Commission is
asking for a planning tool to guide plans regardi ng aesthetics ,
landscaping and continuity, which is currently left to developers. He
stressed the need for a planning v isi on and set of standards , adding that
without one the City may continue to develop in the same manner as with
the corner of West Main, Dupree and James or Vandenburg Avenue a t Hwy
67/167. He stated that in his opinion and to his knowledge, Jacksonville
has the best Planning Commission it has ever had. He added that the
Planni ng Commission is trying to do their job of looking ahead and
planning for the future . He stated that if the Planning Commission of
twenty-five years ago had their vision and if they planned accordingly,
Jacksonville would look better than it does t o day. He invited Planning
Commissioner Chad Young to address the Ordinance.
Comm is sioner Young stated tha t the Planning Commission has worked very
hard over the past year to develop the Ordinance us i ng comparing citie s
of the same size as a guide. He s tated that the proposed Ordin ance is
the least stringent in comparison, adding t hat the Planning Commission
wanted a set of minimal standards for a more attractive J ac ks onville. He
po int ed out that t h e Ordinance h as been simplified for use as a result of
the Planning Commission and Ci t y Counci l Joint meet i ng . He referred to a
survey conduct e d by City Engineer Whisker, saying that the survey results
were almost unanimou s that streetscap e s, green areas between and within
parking lots as well as around buildings were desired , adding that t hi s
information was used in develop i ng the Ordinance. He summar i zed the
Ord inance , noting three major sections that offer guida nce to developers
rega rding perimeter landscaping aroun d parking areas , an int er ior parking
l ot standar d and the bui lding area between the parking l ot and b ui lding.
He related that the requirement of trees in the area between parking lots
and buildings has b een remo ved ; pointing out that the Ordinance mainly
off ers guidance f or large-scale parking l o t s . He stated that Wal-Mart is
a prime example of a parking lot with no landscaping requirement and that
Lowe's i s an excellent example of what the Landscaping Ordinance wou l d
require . He related that t h ere i s flexibility built into the Ordinance
regarding a minimal number of trees and landscaping at the building front
and offers the developer the ability to choose where landscaping would be
created in par k i ng areas . He stated t hat he feels the Ordinance will add
value and make Jacksonvi lle a more progressive City .
Alderman Howard thanked Commiss ioner Young, saying that he supports the
development of a landscaping ordinance.
In response to a question p osed by Alde rman Lewis, Comm i ssioner Young
stated that existing businesses would be grandfathered . He add ed t h at
t h e only time a business would be required to bring their estab li shment
up to landscaping code would be if the business underwent a major
renovation estimated at 50% of the appraised value of the property .
3
00 0nr.:;n
. . ... : _t .··~.1 J ... ~ -".}
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7:00 P.M . -7:58 P.M .
Alderman Wi l son commended the Planning Commission's work regarding the
Landscaping Ordinance, agreeing that there needs to be some type of
gui dance in the landscaping area. He then expressed concern regarding
the authority for revi ew of the plans and frequency that deve l opers may
find a need to seek a variance from the Board of Adjustment or Planning
Commissi on. He added that he also felt further input from the developers
could be useful before adoption of a l andscape ordinan ce . He stated that
he firmly believes in a good workable ordi nance, but caut i oned that the
Ci ty Council be careful not to adopt an ordinance that would be difficult
to enforce thus creating more problems than it solves . He supported an
ordinance that is easy to understand and administer, which accomplishes
its ob j ective . He added that h e agrees with the intent of the Ordinance
but has some concerns regardi ng some of the specifics. He suggested
further meetings with local developers to gage concerns or issues that
may not have been addressed.
Commissioner Young stated that City Engineer Whisker would review
landscaping designs during the site plan review, adding that there is c.
formula to determine the number of trees and shrubs regarding parking lot
size.
Discussion ensued and Commissioner Young answered that a waiver from the
regulations of the Ordinance would be addressed in a variance format.
Alderman Wilson reiterated the need to determine variance frequency. HE~
added that anytime a developer may choose an a l ternate landscaping plan,
that may or may not be more attractive, they would be required to seek a
variance. He cautioned being too specific regarding requirements of
types of trees or shrubs. He stated that any personnel authorized to
review the landscaping plan shou l d be in a position to make subjective
judgment regard ing the Ordinance's intent without being forced to seek a
variance because the proposal did not strictly adhere to spec i fic types
or exact requirements of spacing within reason.
Conunissioner Young stated that the Ordinance offers City Engineer Whisker-
the flexibility to work with developers regarding landscape design
approval.
Alderman Wilson stated that a variance process over minute details would
be a burden to the developer and the variance board. He stated that he
would feel comfortable passing the Ordinance on first reading and then
offering City Engineer Whiske r an opportunity to meet with the developers
most a f fected by the Ordinance.
Alderman Lewis stated that he supports a landscaping ordinance, noting
the importance of good community planning regarding aesthetics and its
benefits. He added that he has some mixed feeling about the Ordinance ,
agreeing that more t ime to consider all aspects of the Ordinance would be
appropriate.
4
CITY OF JACKSONVILLE
· .OD0051
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7:00 P.M . - 7 :58 P.M .
Alderman Fletcher related that his original intent in working through the
Landscaping Committee were concerns for the older areas o f Jacksonville
that cannot be addressed. He noted that the process of age without
proper maintenance looks bad, adding that gravel drives and dumpsters can
be addressed and should be . He related concerns brought to him by
citizens concerning property owned by the City that was not being mowed
timely. He stat ed that if the City is going to place more requirements
on its citizens, the City should address issues for additional mowers.
He noted that prices for deve l opment within the industry have
dramatically increased and that additional requirements from the City
would only increased those development costs, asking Council to b e
conscious of that fact. He stated that he believes the City needs a
lan dscap ing ordinance but does not want to rush or push without examining
al l issues. He agreed that further input from t he affected developers
would be wi se . He added that he would like to see older areas addressed
in some way . He stated that he would also like to see a planned tree
planting campaign and believes additional credit should be offered to
developers who save trees. He then sta t ed concerns regarding the
proposed area s i ze for t he three ma j or landscaping areas of commercial
deve l opment, adding that a compromise may be more reasonable.
In response to a question posed by Alderman Smith, Mayor Swaim s tated
that manpower would be a factor depending on the amount of commercial
development at various time s , mentioning other factors i nvolving the
difficu l ty of hiring a part-time person regarding an off and on basi s .
Alderman Smith stated that he would be in favor of passing the first
reading of the Ordinance and delaying further passage pending additional
input .
Mayor Swaim asked if anyone in at t endance would like to address the
Ordinan ce .
Chamber of Comme r ce Director Bonita Rownd expressed her appreciation to
the Planning Commission and to Alderman Stroud for their effort s. She
added that ability to enfo r ce the Ordinance is important as well as the
Ordin ance not being a variance hindrance. She stated that manpower and
feasibility issues should be addressed before adoption. She then noted
that page four of the Ordina nce discussing Preservation Goa ls is somewhat
subjective , adding that i t d ea l s with gray areas and that there may be a
need to be more spec i fic . She then questioned the requirement of a ~
P lanning Commission vote to approve a landscaping p lan and noted the
i mp o rt ance of time for the developer regarding a variance process .
Planning Commission Chairman Brannen noted that the Ordinance states that
"It is the i ntent of these provisions to allow reasonable and appropriate
f lexibi lity for adapting landscaping design standards described in this
artic l e to the specif i c conditions of an individua l s ite ". He noted that
the development of the Landscaping Ordinance has been i n process for
approximately four years, urging the City Counci l to pass the Ordinance
as written .
5
000052 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7:00 P.M. -7:58 P .M.
In response to a question posed by Alderman Wilson regarding the
determination for when a variance request is passed from administration
to a variance board, City Attorney Bamburg c larified that the flexibility
s tandard was built into the Ordinance t o not only allow flexibil ity on
the part of the City Engineer but also the Planning Commission. He then
answered that the Board of Ad justment would not be the Board to hear a
request of waiver or variance regarding the Landscaping Ordinance.
Alderman Wilson stressed the importance of having further input from the
developers to establish c l arity of inte nt and prov i sion .
Alderman Stroud moved, seconded by Alderman Lewis that Ordinance 1 205 be
placed on FIRST READING .
Alderman El l iott requested clarification regarding Section Four under
"Preservation Goals" regarding two conflicting statements addressing the
removal of existing trees.
Alderman Wilson moved seconded Alderman Ray to amend Ordinance 1205 , tCI
strike the followin g sentence under Section Four JMC 16.20 . 331
Preservation Goals stating "Removal of existing trees should be cl
necessity for building construction purposes only, unless said plant lifE!
i s unhealthy and/or diseased . ROLL CALL : Alderman Elliott , Lewis,
Sans ing , Ray , Fletcher, Stroud , and Twitty voted AYE . NAY (0). MOTIOll
CARRIED.
Alderman Sansing requested clari fication regarding squ are footagE~
r equirements under Interior Landscaping Requirements and Mayor Swain
stated that he believes it is meant to suggest that no interi o r planned
landscaping should be l ess than 10 square feet and that that the tota l
interior landscaping should be no less than 200 square foot.
Alderman Wilson noted that the minimum requirement is 100 square feet ..
adding that if the developer wanted to establish his total r equirement in
200 square fe et areas he would be allowed to do so. He then explained
that smaller areas carrying a minimum of 100 square feet would stil.l
comply with the Ordin ance.
Alde rman Stroud moved , seconded by Alderman Lewis that Ordinance 1205 AS
AMENDED be placed on FIRST READING . ROLL CALL: Alderman Ell i ott, Lewis,
Sansing , Ray , Fletcher, Stroud, and Twitty voted AYE. NAY (0). MOTION
CARRIED. Whereupon Ci ty Attorney Bamburg read the heading of Ordinance
1205 .
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1205 be
accepted on FIRST READING. ROLL CALL : Alderman Elliott , Smith, Lewis,
Sansing, Ray , Wilson, Fletcher , Stroud, and Howard vo ted AYE. NAY (0).
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Lewis to suspend the rules and
place Ord inance 1 205 AS AMENDED on SECOND READING.
6
CITY OF JACKSONVILLE 00QQ53
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7 :00 P.M. -7:58 P.M.
Discussion ensued regarding passage of the Second Reading with severa l
Council members stating they would not be willing to fully pass t he
Ordinance prior to additional input from local developers.
ROLL CALL : Alderman Lewis, Ray , Stroud, and Howard voted AYE ( 4) .
Alder men Elliott, Smith, Sansing, Wilson, Fletcher voted NAY (5). MOTION
FAILED to place Ordinance 1205 on Second Reading .
Mayor Swaim noted that Ordinance 1205 would be continued at the next
regularly scheduled City Council meeting.
GENERAL: a . ORDINANCE 120 8
AN ORDINANCE VACATING AND CLOSING AN PORTION OF CAMPBELL DRIVE,
JACKSONVILLE, ARKANSAS (GENERAL LOCATION : THAT PORTION BETWEEN CAMPBELL
DRIVE BETWEEN LOMANCO CORPORATE OFFICES AND WAREHOUSE ROW, JACKSONVILLE,
ARKANSAS); AND, FOR OTHER PURPOSES .
Alderman Fletcher moved, seconded by Alderman Wilson that Ordinance 1208
be placed on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud , and Howard voted AYE. NAY (0).
MOTION CARRIED. Whereupon City Attorney Bamburg read the heading of
Ordinance 1208.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1208 be
accepted on FIRST READING . ROLL CALL : Alderman Elliott, Smith , Lewis,
Sansing, Ray , Wilson, Fletcher, Stroud, and Howard voted AYE. NAY (0).
MOTION CARRIED .
Alderman Smith moved, seconded by Alderman El l iott to suspend the rules
and place Ordinance 1208 on SECOND READING. ROLL CALL: Alderman
Elliott, Smith, Lewis, Sansing , Ray, Wilson, Fletcher, Stroud, and Howard
voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg
read the heading of Ordinance 1208 .
Alderman Elliott moved, seconded by Alderman Smith to further suspend the
rules and place Ordinance 1208 on THIRD and FINAL READING. ROLL CALL :
Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher , Strou d,
and Howard voted AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney
Bamburg read the heading of Ordinance 1208.
Alderman Smith moved, seconded by Al de rman Lewis t hat Ordinance 1208 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Ell iott , Smith, Lewis,
Sansing , Ray , Wilson , Fletcher , Stroud, and Howard vo t ed AYE . NAY (0).
MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1208 THIS 2~ DAY OF OCTOBER 2003.
b. ORDINANCE 1206 (#14-03)
AN ORDINANCE FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE (1) MILL
AGAINST ALL PERSONAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE CITY OF
7
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2 , 2003
7 :00 P .M. -7:58 P .M.
JACKSONVILLE, ARKANSAS ; FOR THE PURPOSE OF LEVYING ONE (1) MILL AND ONE
(1) MILL AGAINST ALL REAL PROPERTY WITHIN THE CORPORATE LIMITS OF THE
CITY OF JACKSONVILLE, ARKANSAS; FOR THE PURPOSE OF EFFECTING
CERTIFICATION TO THE COUNTY CLERK OF PULASKI COUNTY OF THE TAX LEVIED AND
OTHER PRESCRIBED MATTERS PERTAINING THERETO; AND , FOR OTHER PURPOSES.
Mayor Swaim r elated that Ordinance 120 6 is the annual millage ordinance
that is forwarded to the County Quorum Court for collection of millage .
He noted that the a ssessed mi l l age was voted by the pub lic to fund 1 mi ll
f o r P o lice and 1 mill for Fire Retireme nt Pension Funds.
Alderman Ray moved, secon ded by Alde r man Smith that Ordinance 1206 be
pla ced on FIRST READING . ROLL CALL: Al derman El liott, Smith, Lewis,
Sansing, Ray , Wilson, Fletcher, Stroud, and Howard voted AYE . NAY (0).
MOTION CARRIED. Wh ere upon City Attorney Bambu r g re ad the headi ng of
Ordinance 1206.
Alderman Le wis moved, seconded by Alde rman Sansing tha t Ordinance 1206 be
accepted on FIRST READING . ROLL CALL : Alde rman Ell i o t t , Smith, Lewis,
Sans ing, Ray, Wilson, Fletcher, Stroud, and Howard voted AY E . NAY (0).
MOTION CARRIED .
Alderman Lewi s moved , second ed by Alderman Ray to suspend the rules and
place Ordinance 1 206 on SECOND READING . ROLL CALL: Al de rman Elliott,
Smith, Lewis , Sansing , Ray , Wilson , F letche r , Stroud , and Howard voted
AYE . NAY (0). MOTION CARRI ED . Whereupon City Attorney Bambu rg read thE~
headi ng of Or di nance 1206 .
Alde rma n Stroud moved, seconded by Alderman Smith to suspend the rule~;
and place Ordinance 1206 on THIRD and FINAL READING. ROLL CALL: Alderman
Elliott, Smith , Lewis, Sansing, Ray, Wilson , F letcher, Stroud, and Howard
voted AYE . NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburq
read t he heading of Ordinance 1206 .
Alderman Smith moved, seconded by Alderman Sansin g that Ordinance 120 6 b'=
APPROVED AND ADOPTED .
In r esponse to a question posed by Alderman Stroud, Mayor Swa im answered
that the City Council proposed an ele ction to increase the millag•=
b ecause the pension funds we re not actuarially sound. He related that
since that time , one of the pension f unds has become ac tua rially sound
and the other f und is close . He stat ed that there is a possibility that
half or a l l of the millage could b e removed by a vote of the pub lic . He
related that the Pension Board of the fund that is actuarial l y sound
vo t ed to incr ease retirement from 50% to 65%. He then answered t h a t t he
Pension Fund is separate from the curre nt Lopfi P lan for Pol ice and Fire ,
e xpl aining that t h e fund would continue to grow from investment s and
insurance revenues along wi t h fine monies co l lected by t he Police
De partment . He stated that the funds are closed plans, which will
e v e n tually end wh e n the l as t individual i s no longer availabl e to draw
from the fund .
8
ROLL CALL : Alderman Elliott, Smith,
Fletcher, Stroud, and How ard voted AYE.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2 , 2003
7:00 P.M . -7:58 P.M.
Lewi s, Sans i ng, Ray, Wilson,
NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1206 THIS 2~ DAY OF OCTOBER 2003.
c. ORDINANCE 1207 (#15-03)
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §13 . 10; CREATING A
PUBLIC FACILITIES BOARD KNOWN AS THE NORTH PULASKI WATERWORKS PUBLIC
FACILITIES BOARD ; APPOINTING THE INITIAL BOARD MEMBERS THEREOF; DECLARING
AN EMERGENCY; AND, FOR OTHER PURPOSES .
Ma yor Swa i m stated that the North Pulaski Waterworks Organization passed
a reso lution as king the City of Jacksonville to f orm a facilities board
consist ing of the present Board member s , which is currently under P ulaski
County.
Alderman Sm i th moved , seconded by Alderman Stroud that Ordinance 1207 be
placed o n FIRST READING . ROLL CALL : Al de r man E lliott, Smith, Lewis,
Sansing, Ray , Wi l son, F letche r, Stroud , and Howa r d voted AYE . NAY (0).
MOTION CARRIED . Wh e reupon City Attorney Bamburg read t he heading of
Ordinanc e 1207.
Alderman Ray moved, seconded by Al derman Wilson that Ordinance 12 07 be
accepted on FIRST READING. ROLL CALL: Alderman E lliott , Smith, Lewis,
Sansing , Ray, Wilson , Fletcher, Stroud , and Howard voted AYE . NAY (0).
MOTION CARRIED .
Alderma n Ray moved , seconded by Alderman Lewis to suspend the rules and
place Ordinance 1207 o n SECOND READING . ROLL CALL: Al derman El l iott,
Smith , Lewis , Sansing, Ray, Wilson, Fletche r , Stroud, and Howard voted
AY E . NAY (0). MOTION CARRIED. Whereupon Cit y Att orney Bamburg rea d the
heading of Ordi n ance 1207.
Alderman Lewis moved , seconded by Alderman Ray to suspend the rules and
place Ordinance 1207 on THIRD and FINAL READING. ROLL CALL: Alderman
Elliott, Smith, Lew is, Sansing , Ray, Wilson , Fletcher , Stroud , and Howard
voted AYE . NAY (0). MOTION CARRIED . Wh ereupon City At t orney Bamburg
read the headi ng of Ordinance 1207.
Alderman Ray moved, seconded by Alderman Elliott that Ordinance 1207 be
APPROVED AND ADOPTED.
Alderman Wilson asked that it be n oted that the c reation of the Public
Faci l i ties Board in no way obligates the Ci t y of J acksonville.
Ma yo r Swaim c l ari f ied that the Ordinance clearly s t a t es that t he City of
Jacksonvi l le i s not assuming any past or f ut ure obliga t ion regarding
indebtedness or liability.
ROLL CALL : Alderman Elliott, Sm i th ,
Fletcher, Stroud, and Howard v ot ed AYE.
9
Lewis, Sansing, Ray, Wi lson,
NAY ( 0) . MOTION CARRIED .
.(}0 00 .56
r _.· ' ~ ' "' J
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 2, 2003
7 :00 P .M. - 7 :58 P.M.
Alderman Smith moved , seconded by Alderman Ray to attach the EMERGENCY
CLAUSE to Ordinance 1207 . ROLL CALL : Alderman Elliott , Sm i th, Lew i s ,
Sansing , Ray, Wilson , Fletcher, Stroud, and Howard voted AYE . NAY (0).
MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1207 THIS 2 w DAY OF OCTOBER 2003 .
Mayor Swaim asked for a motion to authorized the Mayor and the Ci t y Clerk
to sign agree ments necessary for the transfer .
Alderman Smith moved , seconded by Alderman Ray to authorize the Mayor and
City Clerk to exec ute proper documents regarding the North Pulaski
Waterworks Public Faciliti es Board . MOTION CARRIED .
APPOINTMENT (S):
ANNOUNCEMENT(S): It was announced that the Wing Ding Festival will be
held over the weekend , attendance was encouraged.
ADJOURNMENT :
Mayor Swaim without objection, adjourned the meeting at approximately·
7 :58 p .m.
Respectfully,
10
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
October 16 , 2003 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
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:
15. APPOINTMENTS:
16. ANNOUNCEMENTS:
ADJOURNMENT:
Regular City Council Meeting
October 2 , 2003
Regular City Council Meeting
September 18, 2003
Regular Monthly Report/September
Public Works Director Oakle y
Regular Monthly Report/September
City Engineer Whisker
Regular Monthly Report/September
Chief Vanderhoof
Regular Monthly Report/September
Chief Ruthven
RESOLUTION 572 (#3-03)
Trails for Life Grant application
(Mayor Swaim)
ORDINANCE 1205 (#13-03)
Creating JMC 16.20 & amending JMC 18.72
providing landscaping regulations
and requirements (Mayor Swaim )
WASTEWATER APPOINTMENT
Appointment of Vicki Farmer
to fill the unexpired term of Kathe Parson
expiring April 20 , 2007
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16 , 2003
7 :00 P.M. -7:59 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 October 16 , 2003 at the regular meeting place of the Council .
Alderman Lewis delivered the invocation and Mayor Swa i m led a standin9
audi ence in the "Pledge of Allegiance" to the flag .
ROLL CALL: Al dermen : Elliot t , Smi t h , Lewis, Sansing, Ray, Fl etcher, Stroud,.
and Howard answered roll cal l. Mayor Swaim also answered ROLL CALL
declaring a quorum . PRESENT eight (8), ABSENT (2). Aldermen Wilson and
Twitty were absent .
Others present for the meeting were: City At torney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administration Murice Green.,
Di re ctor of Huma n Resources Charlie Brown , CDBG Di rector Theresa Watson ,,
City Engineer Jay Wh isker, Director of Publ ic Works Jim Oakley, Parks and
Recreat i on Director George Biggs, Police Chief Ruthven, Fire Ch i ef
Vanderhoof, Finance Director Paul Mushrush, Wastewater Manager Thea
Hughes, Wastewater Commission Chairman Joan Zumwalt , Planning Commission
Chai r man Art Brannen, P l anning Commissioner Chad Yo u ng , Chamber of
Comme r ce Director Bonita Rownd , Mr. Tommy Bond, Mr. P reston Robinson , Mr .
Jim Green , Mrs. Lendy Lew i s, Mrs. Addie Gibson , Mr . Larr y Smith ,
i ntere sted c iti z en s and members o f t h e press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council meet ing of
Octobe r 2 , 2003 for approval and/or correction at the next Regu l arly
Sche duled Ci ty Counci l Meetin g.
APPROVAL AND /OR CORRECTION OF MINUTES :
Alderman Stroud moved, seconded by Alderman Howard that the minutes o:E
the Regular City Council Meeting of 18 September 2003 be APPROVED.
MOTION CARRIED.
CONSENT AGENDA : REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Smith to appr ove the Regular
Monthly Animal Control Report f o r Septembe r 2003. Said report reflects :
ADOPT I ON/F INES: $862 .00
$ 0 .00
$862 .00
CONTRIBUTIONS:
TOTAL:
REGULAR MONTHLY REPORT/ENGINEERING
Al derman Elliott moved, seconded by Alderman Sm ith to approve the Regular
Mo n thl y Report fo r September 2003. Said report re f lects :
PERMITS/LICENSE ISSUED
Building Permits
Business License
39
14
INSPECTIONS PREFORMED
Building Inspections 132
HVACR 95
Plumbing 119
Electrical 47
1
UNSIGHTLY & UNSANITARY
Grass Letters 328
11
12
1
$1,078.00
Property Mowed
Trash Lette rs
T rash Removal
Cost for Sept.
CITY OF JACKSONVILLE d"boo59
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. - 7 :5 9 P .M.
VEHICLES
Notice of Noncompliance 24
Towed 5
CONDEMNATIONS
Structural Maint. Letters 0
Structural Repairs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman El liott moved, seconded by Alderman Smith to approve the Regul ar
Monthly Report for September 2003 from the Jacksonville Fi re Department,
which reflects a fire loss of $55,000 and a savings total of $196,000.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman E l liott moved, seconded by Alderman Smith t o approve the Regular
Mon t hly Repo rt fo r September 2003. Said report reflects the Total Value of
Re ported Stolen Property $88 ,691. Total Value of Recovered Stolen Property
$50 ,425 and Total Report Sales $506 .00 .
ROLL CALL: Aldermen : Elliott, Smith, Lewis, Sansing, Ray, Fletcher,
Stroud, and Howard voted AYE . MOTION CARRIED .
Mayor Swaim explained that this would be Chief Ruthven's last City
Council meet i ng prior to beginning h is new job with the Department of
Emergency Management .
Chief Ruthven read from his resignati on letter, saying that "leaving will
not be easy , the acceptance and graciousness shown my entire family and
me during these past 18 months has been heart warming. All Department
Directors and other City emp l oyees, City Council membe rs, City business
leaders, and virtually all citizens of Jacksonville have been supportive
of both me as Chief and the Police Department as a whole. I do
appreciate your recognition of my effo rts to establish the vision o f
being the benchmark Department in Arkansas in the 21 5 t century and to
structure , man, equipment, and organize the best I could under current
resource constraints to achieve that vision ." He added that it is not
necessarily , where he wanted to be by now in all areas , but added that he
believes the J acksonville Police Department is a superb Department. He
stated that he knows the members are serving the citizens of Jacksonville
in a service oriented , professional manner while striving to get better
everyday.
Alderman S t roud commended Chief Ruthven for hi s work and caring attitude
toward the City.
Chief Ruthven stated that he is pleased to review the list of
accomplishments over the previous two years, noting that the list is
approximately fifty one -line bullets. He stated that his primarily focus
in his tenure was to continua l l y instill an i ncreasing amount of
professionalism and pride. He stated that t he first thing he did in his
budget was to request three times the previous amount for training.
2
CITY OF JACKSONVILLE
REGULAR CI TY COUNCIL MEETING
OCTOBER 16, 2003
7 :00 P .M. -7:59 P.M.
He added that unfortunately, the City 's budget was unable to support that
amount, but the Department was able t o do twice t he training in 2003 aE>
in the previous year. He stated t hat he has submitted another 20 ~;
increase in the 2004 budge t over 2003 as an effort to increase
professionalism enforced through increased training. He reviewed two
photographs of the current Jacksonville Police patch featuring the State
Seal , addi ng that there were at least seven other similar gene r ic patche~;
in the State. He related that the proposed patch was designed
specifically for the Jacksonville Police Department and that he hoped it:
or a similar patch would be incorporated into the Po l ice uniform . He
stated that the current patch seems to indicate to him that i n t he past
there was not as much pride in the City itself and t hat people did not:
cons i der that maybe t he Police Department should have an individuali zed
Police patch . He related that the proposed patch for the Jackson vi l le
Police Department shows pride i n the Department and in the Ci ty of
Jacksonville. He men tioned another area of pride, saying that parked
outside is an older P o lice vehicle that has been completely r ebuil1:
through donations, which wi ll now be used as the "DARE" school resourcE~
vehicle. He related that it has been years since the Department has had
a "DARE" school resource ve hicle and that the vehicle features the local
High Schools logos . He stated that donors names would be added to the
rear of the veh icle. He invited everyone to attend his farewel l
celebration October 24th 5 :00p .m. at the Jacksonvil l e Commu nity Center .
He related a note of sadness, announc i ng that Officer Rudy Bouw knegt
passed away earl ier i n the week and t hat funeral services would be held
Monday October 20th at 2:00 p .m.
Alderman Smith thanked Chief Ruthven's for his l eadership to t he Police
Department, addi ng that the Department o f Emergency Management has
proposed constructing a new fac i lity and that he hope s Chief Ruthven
would keep Jacksonville in mind for the new location . He n oted t ha·t
Beverly Ruthven would remain as Principal of the Pinewood Elementary
School .
Mayor Swaim extended his appreciation to Chief Ruthven and expressed
confidence in his new role with the Department of Emergency Management.
WATER DEPARTMENT :
WASTEWATER DEPARTMENT :
FIRE DEPARTMENT:
POLICE DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION : RESOLUTION 572 (#3-03)
A RESOLUTION EXPRESSING SUPPORT FOR THE APPLICATION OF A TRAILS FOR LIFE
GRANT WITH THE ARKANSAS DEPARTMENT OF PARKS AND TOURISM ; AND, FOR OTHER
PURPOSES .
Alderman Elliott moved , seconded by Alderman Smith to Read Resolution
572 .
3
CITY OF JACKSONVILLE
·-0 0 00-G-1
REGULAR CITY COUNCIL MEETING
OCTOBER 16 , 2003
7 :00 P .M. -7:59 P .M.
Park & Recreation Director George Biggs stated that a modu l ar unit was
instal led at Stonewall Park and now they h ave appli ed for a grant to put
in a 6 ' paved wa l king t r ai l through the Park. He stated that this is a
continued effort to i mprove all City Parks.
MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Resolution 572.
Alderman Smith moved, seconded by Alderman Stroud to approve Resolution
572 . MOTION CARRIED.
PLANNING COMMISSION :
GENERAL: ORDINANCE 1205 SECOND READING
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §16.20 .; AMENDING
JACKSONVILLE MUNICIPAL CODE §18 .72 .; PROVIDING LANDSCAPING REGULATIONS
AND REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL , AND MANUFACTURING
DEVELOPMENT, SITES, AND ZONES ; AND, FOR OTHER PURPOSES .
Mayor Swaim no t ed that Ordi nance 1205 is on Second Reading with continued
discu ssion.
Alderman Stroud
addit ional time
Ordinance.
stated that he agrees with Alderman Wilso n that
for study and inpu t has y i elded improvements to the
Alderman Stroud moved , seconded by Alderman Lewis to place Ordinance 1205
on SECOND READING as amended .
Alde r man Stroud noted that changes have been high lighted on draft copi es
as provided.
Mayor Swaim noted a change on page 2 regardi ng major renovation be i ng
amended to read "more than 50 % of the appraised value , changed from
accessed va l ue."
He then noted that under "Off Street Parking", City Engineer Whiske r
recommended that 10 ' and 20 ' be changed to 9 ' and 18 '; adding that in
Sect i on 3 wording was cha nged to read "submi t ted to and approved by the
City Engineer ."
I n response to a question posed by Alderman Fletcher, Alderman Stroud
clari fied that i f the landscaping design plan complies with the Ordi nance
then t he City Engineer h as authority to approve the p l an, adding that if
the design deviates from Ordinance regulations then it would go before
t he Plann ing Comm iss i on f or t h ei r determination.
4
............. CITY OF JACKSONVILLE
REGULAR CITY COUNCI L MEETING
OCTOBER 16, 2003
7 :00 P .M. -7:59 P .M .
Mayor Swaim related a change on page 4 under Section 16.28 .034,
"Ordinance shall occur with compliance only through a majority vo te of
those of a quorum members present at the Planning Commission meeting".
He then clarified that instead of a majority of ten; it would require a
majority of those present.
He noted that Section 16.20. 036 was changed to say "shrubs shal l be
utilized for 100% screening of the view"; he clarified that this change
addressed concerns regarding the spacing of the trees and shrubs . He
noted that the requested change was a result of input from area
developers. He added that originally it had stated that shrubs should be
planted on both sides of the wall or fence, explaining that the developer
would not have the authority to plant on both sides. He added t hat on
page 6 the defini tion of Perimeter Stri p i s now defined to be 20-foot or
wider , adding that Section 16.20.045 identifies the except i ons .
He stated that under 16 .20.048 there is a change in the site distance ,
explaining that there was some concern about pedestrian traffic regarding
shrubs, trees, and walkways regarding the trimming of trees to 8 f oot .
He clari fied t hat the intent of the change is to show that shrubs do no i:
have to be trimmed to 8 ' unless it interf e r es with vehicular s i te line.
Ci ty Engineer Whiske r noted that "vehicular use area" under 16 .20.036 is
removed from the 100 % s creening requirements, explaining that the 100!~
scr eening is for the dumpsters and open storage.
Mr . Bond questioned if the next to last sentence u nder Section 16.20.033
was meant to be struck from the Ordinance, adding that the las t sentenc•:!
states "preservation of existing trees is encouraged" should be
suf f i cient to cover intent and meaning.
Mayor Swaim noted that the changed was amended during the first reading
of the Ordinance. He stated that the Ordinance would now read "Applicant
shall work diligently to include and adjust the application of the above
mentioned standards to the existing plant life on site, preservations of
existing trees is encouraged."
Mr. Bond then no t ed that Section 1 6.20.044 calls for a strip a t least 6'
wide around the property . He analogized that a lot 1 50 ' X 150' would
take approximately 20% of the property to comply with t hat requirement .
He questioned if the requirement should be a sliding scale opposed to a
fixed amount. He added that it would seem to be more appropriate t o vary
the percentage according to the size of the site as opposed to a fixed
width. He noted difficu l ty regarding present business use changes with
ren ovations greater than 50% and being ab l e to comply with the
regulations. He then noted that other busi nesses current l y under
construction would not comply wi th the Ordinance, saying that there
should be more flexibility built into the Ordinance inst ead of hav ing to
seek a waiver .
5
CITY OF JACKSONVILLE oo-ocs 3
REGULAR CITY COUNCIL MEETING
OCTOBER 16 , 2 003
7:00 P .M. -7 :59 P .M .
Alderman Stroud noted that Section 16.20.049 states "it is the intent of
these provision to allow reasonable and appropriate flexibil i ty for
adapting landscap ing designs standards described in this article to the
specific conditions of an individual site ." He stated that the Ordinance
must state its requirements, but could a l so offer flexibility from those
conditions .
Alde rman Sansing noted that even though there have been several meetings
with local developers input, it appears that there is still one area of
issue regarding border requirements. He stated that a percentage scale
could be given further consideration.
Mr. Bond stated that he is asking the City Council to refer the Ordinance
back to Committe e for further study, adding that he is concerned that
development may be d iscouraged in the City. He noted his experience in
he l ping developers comply with regulations adopted by ci t y councils,
adding that he does not feel that the Ordinance should be specific, but
should begin flexible. He stated that staff would expect that the
Ordinance should be strictly followed and that waivers would have to be
granted on a regular bas is. He stated that he is not s ure that
Fayetteville has had one site plan that fully complied with their
landscaping ordinance . He added that a l ot of time is spe n t in
negotiations, which delays projects . He stated that three developers
represent 90 % of the industrial property in the City and that none of
them feel that the Ordinance will encourage deve lopment for the Ci t y.
Discussion ensued that the Ordinance should be resolved through Council
rather than being referred back to Committee.
Mr. Preston Robinson addressed the City Council expressing concerns for
Ordinance compliance regarding property he is developing on Redmond Road
and the avenue for which he would have to obtain (if any) a waiver
regarding the rear of the property that is adjacent to LRAFB. He stated
that he felt , as written, there would be constant testing of the Planning
Commiss i on to address waivers. He then noted concerns for vehicular use
and landscaping requirements and the use o f evergreens as well as
perimeter strips for manufacturing areas .
Chamber of Conunerce Director Bonita Rownd asked that given recent
amendments and general discussion that the City Council further study t h e
Ordinance before adoption.
Alderman Sansing questioned if the perimeter requirement should be
amended to reflect a percentage scale to avoid taking as mu c h as 20 % of a
smaller development.
Alderman Stroud stated that Section 16 .20.049 F l exibility in Applying
Standards could address perimeter considerations, adding that he did not
feel that the Planning Commission would take 20 % of a small development.
He related that the proposed Ordinance is not as s t rict as o the r
landscaping ordinances, and areas with stricter landscaping ordi nances
have not experienced a development or growth hindrance .
6
00 0084
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
OCTOBER 16, 2003
7:00 P.M. - 7 :59 P.M.
Alderman Lewis expressed concerns that the Ordi nance would be implemented
without conside ration to flexibility and f ur ther expressed concern~:
regarding perimeter requirements.
Alderman Fletche r expressed concerns that the flexibi l ity clause would
create a s i tuation where all l ands c aping designs that do not meet the
criteria of the Ordinance would be forwarded to the Plann ing Commission.
He added that he would l i ke to find a better option to the flexib ility
issues that could aris e regarding legal ramificat ions.
Alderman Ray related d i fficulty passing the Ordinanc e even though loca l
developers have had input and the Planning Commission and Landscapinq
Comm ittee has discussed the issue extensive l y. He added that passage of
the landscaping Ordinance wil l not make everyone h appy b ut the City
Council should be able to make a deci sion . He added that he did not fee l
t hat the landscaping Ordinance would hinder commercial development and
r elated t he need to move forward rather than refer back to Committee over
small discrepancies.
Alderman Sansing moved that 16 .20.044 Perimeter Strip , be amended so that
a development not loose more than 8 % for small sites .
Mayor Swaim asked that the word "small" be def ined for Ordinance
guidelines.
Discussion ensued that given proposed guidelines in the Ordinance a 1 00 X
150 f oot lot would loo se 20% of the availabl e site for a 6 ' perime t er
landscaping .
Alderman Elliott offered that if a percentage were use d the wo rding o :E
small would not be necessary.
Discussion ensued and Alderman Sansing moved to amend that the word
"small" be dropped from the previous motion .
City Attorney Bamburg c larified that t he motion now states, "that ;:t
developer shall loose no more than 8% of the site property for
development of landscaping regulations and requirements".
Mayor Swaim noted as proposed a large or small development site would
only be required to provide a minimum o f 8% l andscaping .
Alderman Sansing clarified that motion that the 6-foot perimeter be left
in the requirements unless a developer is loosing more than 8% of the
site to landscape perimeter guidelines.
Mr. Presto n Robinson noted concerns f or his development s on John Harden
regarding perimete r flexibility for large trucks and t r af fic through the
common drive . He offered that the 8% percentage mi ght add ress that
issue, but then stressed that the nee d to move from one shopp ing center
to another property without a barrier could be a major functiona l issue .
7
CITY OF JACKSONVILLE
0 000G5
REGULAR CITY COUNCIL MEETING
OCTOBER 16 , 2003
7 :00 P .M. -7:59 P .M.
Alderman Ray seconded the motion to amend and add to Section 16 .20 .044 as
clarified by City Attorney Bamburg "in all applications a developer shall
loose no more than 8% of property for purposes of perimeter planting
strips".
Al derman Fletcher suggested that the Council hold off on the 3 rct reading
of the Ordinance , a l lowi ng additional time to fine-tune i ssues of
concern . He reiterated concerns regarding the flexibility clause and not
h aving to use it cons t ant l y .
ROLL CALL to amend Ordinance 1205 Section 16 .20. 044 to include the
wording "in all applications a developer shall loose no more than 8 % of
property for purposes of perimeter planting strips". Al derman Ell iott ,
Smith , Lewis , Sansing, Ray , Fletcher, Stroud, and Howard voted AYE . NAY
(0). MOTION CARRIED.
ROLL CALL to place Ordinance 1205 on SECOND READING as amended : Alderman
Ellio t t , Smith , Lewis, Sansing , Ray, Fletcher, Stroud, and Howard voted
AYE. NAY (0). MOTION CARRIED. Whereupon City Attorney Bamburg read the
heading o f Ordi nance 1205 .
Alderma n St r oud moved, seconded by Alderman Howard to APPROVE Ordinance
1205 on SECOND READING as amended . ROLL CALL : Alderman Elliott , Smith,
Lewis , Sansi n g, Ray, Fletcher , Stroud , and Howard voted AYE. NAY (0).
MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Howard to suspend the rul es
and place Ordinance 1 205 on THIRD and FINAL READING.
Discuss i on ensued and Alderman Fletcher moved, seconded by Alderman
Sansing to table Ordinance 1205. MOTION CARRIED.
APPOINTMENT(S): Alderman Smith moved, seconded by Alderman Elliott to
approve the Appointment of Vicki Farmer to fill the unexpired term of
Kathe Parson expiring Apr il 20, 2007. MOTION CARRIED.
ANNOUNCEMENT(S):
ADJOURNMENT :
Mayor Swaim without objection , adjourned the meeting at approximately
7:59 p.m.
Respectfully ,
8
City Council Of Jacksonville , Arkansas
AGENDA
Regular C ity Council Meeting
November 20 , 2003 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
Fire Department
Pol ice 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: a .
Regular City Coun ci l Meeting
Octobe r 16 , 2003
Regular City Council Meeting
October 2 , 2003
Regular Month ly Report/October
Public Works Director Oakley
Regular Monthly Report/October
City Engineer Whisker
Regular Monthly Report/October
Chief Vanderhoof
Regular Monthly Report/October
Acting Chief Baker
Request to Accept Bid : Self-Contained
Breathing Apparat us (Mayo r Swai m)
Request to Accept Bid : Control Access
System (Mayor Swa i m)
ORDINANCE 1211 (#19 -03)
Reclassifying Property at 1901 Military
Road (Mayor Swaim)
ORDINANCE 1205 (#13-03 ) 3rd Readi ng
Creating JMC 16.20 & amending JMC 18 .72
providing landscaping regulations
and requirements (Alderman Stroud)
,..........CITY COUNCIL AGENDA
November 20, 2003
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT :
b . ORDINANCE 1209 (#17-03)
Creating and Certifying tax liens against
various real properties (Mayor Swaim)
(list available at meeting)
c. ORDINANCE 1210 (#18-03)
Sole source provider of technology and
management services (Mayor Swaim)
DO CGS7
d. Authority to negotiate Purchase of Industrial
Park railroad spur (Mayor Swaim)
e. Request from Non-Profit for partnership
to provide housing. (Mayor Swaim)
f. Request to renew Building and Contents
Insurance Contract (Mayor Swaim)
(Information available at meeting)
g . Request to Accept Bid : Digital Recorder
for 911 Communication Cente r
(Mayor Swaim)
h. Request to Approve CDBG 2004 Annual
Action Plan (Mayor Swaim)
(information availab le at meeting)
ooo8G8 CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20 , 2003
7 :00 P .M. -8:15 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNIC I PAL DRIVE
The City Council of the City of Jac ksonville, Ar kansas met in Regular
Session on November 20, 2003 at the regular meeting place of the Council.
Al derman Howard de l ivered the invocation and Mayor Swaim led a standin9
audience in the "Pledge of Al legiance" to the flag.
ROLL CALL: Al dermen : Elliott, Smith , Lewis , Sansing, Ray, Wi lson, Fletcher,
Stroud, Twitty and Howard answered roll call. Mayor Swaim also answered
ROL L CALL declaring a quorum . PRES ENT ten (10), ABSENT (0).
Others present for the meeting were : City Attorney Bobby Bamburg, Deputy
Cler k Heather Palermi t i , Director of Administration Murice Green,
Director of Human Resources Char l ie Brown, CDBG Director Theresa Watson ,
City Engineer Jay Wh isker, Dire c tor of Publ ic Works Jim Oakley, Parks and
Recreation Director George Biggs, Police Captain Baker, Fire Chief
Vanderhoof, Finance Director Paul Mushrush, Planning Commissi on Chairman
Art Brannen, Planning Commissioner Bobby Lester, Chamber of CommercE~
Director Bonita Rownd , Mr . Preston Robinson, Mr . Doug Wilkinson, Mrs .
Judy Swaim, Mrs. Lendy Lewis, Mrs. Edith Smith, Mrs. Addie Gibson, Mr.
Larry Smith, Mr . Larry Dupree , Mr . David McClanahan, inter ested citizens
and members of the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting o f
October 16, 2003 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 th4:!
Regular City Council Meeting of 2 October 2003 be APPROVED. MOTION
CARRIED .
CONSENT AGENDA : REGULAR MONTHLY REPORT /ANIMAL CONTROL
Alderman Elliott moved, seconded by Alderman Sansing to
Regular Month l y Animal Cont r ol Report for October 2003 .
refl ects:
ADOPTION/FINES:
CONTRIBUTIONS:
TOTAL :
REGULAR MONTHLY REPORT/ENGINEERING
$7 7 9 .00
$ 0.00
$779.00
approve the
Said report
Alderman Elliott moved, seconded by Alderman Sansing to approve the
Re g ula r Mon t hly Report for October 2003. Said report reflects:
PERMITS/LICENSE ISSUED
Building Permits
Business License
37
13
INSPECTIONS PREFORMED
Building Inspections 126
HVACR 83
Plumbing 108
Electrical 58
1
UNSIGHTLY & UNSANITARY
Grass Letters 28 2
20
12
0
$1,221.00
Property Mowed
T rash L etter s
Trash Removal
Cos t for Sept .
OOOOG9
CITY OF JACKSONVILLE ·
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7 :00 P .M. - 8 :15 P.M .
VEHICLES
Notice of Noncompliance 42
Tow ed 9
CONDEMNATIONS
Structural Maint . Lette rs 0
Structural Re pairs Made 0
Demolitions 0
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Elliott moved, seconded by Al derman Sansing to approve the Regu l ar
Monthly Report for October 2003 from the Jacksonville Fire Department , which
refl ects a f i re loss of $16,700 and a savings total of $61,500 .
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman El l iott moved, seconded by Alderman Sansing to approve the Regular
Month ly Report for October 2003. Said report reflects the Total Va l ue of
Reported Stolen Property $66,297. Total Value of Recovered Stolen Property
$15,600 and Total Report Sales $375.00 .
ROLL CALL : Aldermen : Elliott , Smith, Lewis ,
Fletcher, Stroud, Twitty and Howard voted AYE .
WATER DEPARTMENT:
WASTEWATER DEPARTMENT :
Sansing, Ray, Wilson ,
MOTION CARRIED.
FIRE DEPARTMENT: Request to Accept Bid/Self Contained Breathing Apparatus
Mayor Swaim related that the purchase is a gra nt process, adding that the
Fire Department has done a great job applying for and receiving grants .
Chief Vanderhoof stated that Metropo litan is t he low bidder, adding that
the City has performed business in the past with t hem and is satisfied
with their service . He stated that the b i d is part of a $78,000 .00
grant .
Alderman Wilson moved , seconded by Alderman Elliott to accept the low bid
from Metropolitan Fire Extinguisher in the amount of $67 ,063 .00 plus tax
with matching funds to be drawn from budgeted funds and the Capital
Improvement Fund. MOTION CARRIED.
POLICE DEPARTMENT : Request to Accept Bid/Control Access System
Alderman Ray moved, seconded by Alderman Smith to accept the low bid from
Interface Security in the amount of $10,000.00. MOTION CARRIED .
STREET DEPARTMENT:
PARKS & RECREATION :
2
·o ·,.... C\ ,...., ~ o ·J · .. : _: : CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P.M. -8:15 P.M.
PLANNING COMMISSION: ORDINANCE 1211 (#19-03)
AN ORDINANCE RECLASSIFYING PROPERTY IN THE CITY OF JACKSONVILLE, ARKANSAS
(GENERAL LOCATION: 1901 OLD MILITARY ROAD, JACKSONVILLE, ARKANSAS);·
AMENDING ORDINANCE NUMBERS 213 AND 238 AND THE LAND USE MAP OF THE CITY
OF JACKSONVILLE, ARKANSAS; AND, FOR OTHER PURPOSES.
Alderman Wilson moved, seconded by Alderman Smith that Ordinance 121 1 be
placed on FIRST READING.
In response to a question posed by Alderman Fletcher, City Engineer
Whisker stated that Mr. Wilkinson represented the property at the
Planning Commission meeting and that from that meeting it is his
understanding that the owner is proposing the development of a
convenience store, possibly with gas pumps and a duplex or apartment:
complex.
In response to a question posed by Alderman Wilson, City Engineer Whisker
noted that the property adjacent to the east is outside the City limit!>
and the property to west is the water treatment plant. He then answered
that the property (Buck's Country Store) on the north side of Military
Road is zoned C-3.
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 1211.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1211 be
accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis ,.
Sansing, Ray, Wi l son, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspend the rules and
place Ordinance 1211 on SECOND READING . ROLL CALL: Alderman Elliott ,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud , Twitty and Howard
voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon City Attorney Bamburq
read the heading of Ordinance 1211.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1211 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud,
Twitty and Howard voted AYE. NAY ( 0) . MOTION CARRIED. Whereupon Ci t :·yr
Attorney Bamburg read the heading of Ordinance 1211.
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1211 b~
APPROVED AND ADOPTED . ROLL CALL: Al derman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1211 THIS 20TH DAY OF NOVEMBEJR.
2003.
3
GENERAL : a . ORDINANCE 1205 (#13-03)
··0 u""' n n ~'1."' . ' . 0 \. -1
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P .M. - 8 :15 P.M .
AN ORDINANCE CREATING JACKSONVILLE MUNICIPAL CODE §16 . 20,; AMENDING
JACKSONVILLE MUNICIPAL CODE §18.72; PROVIDING LANDSCAPING REGULATIONS AND
REQUIREMENTS FOR RESIDENTIAL, COMMERCIAL, AND MANUFACTURING DEVELOPMENT ,
SITES, AND ZONES; AND, FOR OTHER PURPOSES.
Alderman Smith moved, seconded by Alderman Stroud to remove Ordinance
1205 from being tabled and open the item for discussion . ROLL CALL:
Alderman Elliott, Sm ith, Lewis, Sansing , Ray, Wilson , Fletcher, Stroud,
Twitty and Howard voted AY E. NAY (0). MOTION CARRIED .
Alderman Stroud moved, seconded by Alderman Lewis to place Ordinance 1205
on THIRD and FINAL READING .
Alderman Wi l son acknowledged the lengthy development time for t he
Ordinance, but added that he still has concerns regarding enforcement.
He clarified, saying that he believes the Ordinance may create more
problems than it will solve, and for that reason he would vote against
the Ordinance. He went on to commend the Committee for its work in
wanting to be aut i fy the City, but believes the Ordinance will create
significant barriers to development regarding gray areas that would
frustrate businesses in the Communi ty.
Alderman Lewis defended the Ordinance , saying that it may not be
inclusive regarding every circumstance but it will at least offer t h e
City a set of guidelines work within.
Alderman Ray noted that his emp loyer, Remington Arms, deve l oped from the
ground up and that they did such a good job with the aesthetics of the
property they are fea tured on the Lonoke Planning website . He related
that he has received many calls from area business people who have
expressed their capability to know how to beautify a commercial business
and understand that by doing so it invites customers to come and trade .
He stated that he respects their opin i on and will therefore vote against
the Ordinance.
Alderman Howard stated that unfortunately not all business wil l develop
the ir property in that manner and believes the City shou l d have some
beginning point from which to start .
Alderman Stroud stated that Jacksonville is the largest ci ty in the S t ate
that does not have a landscaping standard . He related that if the City
had the Ordinance 25 years ago, Jacksonville wo u ld look better and be
more progressive . He added that he feels Jacksonville would have had
some better more upscale businesses, adding that he believes the
Ordinance i s good . He commended City Attorney Bamburg's efforts and
stated that he believes the Ordinance will be an asset to the Community .
ROLL CALL : Alderman El l iott , Smith , Lewis, Fletcher, Stroud, Tw i tty and
Howard voted AYE . Alderman Sansing, Ray, Wilson voted NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read the heading of Ordinance
1205 .
4
-----~--
000 '! .... ,·)
.. t ~ . ... ' . ,.c ; '·>.;
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P.M. -8:15 P.M.
Alderman Stroud moved, seconded by Alderman Howard that Ordinance 1205 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lew is ,
F letcher, Stroud, Twitty and Howard voted AYE. Alderman Sansing, Ray,
Wilson voted NAY (3). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1205 THIS 20TH DAY OF NOVEMBER
2003.
Discuss ion ensued regarding the flexibility of allowing a development to
begin if the process of negotiating specif ics of landscape requirements
has not been completed.
City Engineer Whisker stated that site plans including ingress and egress
are submitted to his office, adding that at that time it would bt:l
appropriate for a developer to also submit his landscapi ng plan. He
stat ed if there is some problem with the plan it would already be before
the Planning Commission for approval and could be considered for a
variance.
In response to a question from Alderman Wilson, City Engineer Whisker
stated that specifically the Ordinance only suggest p l ant material as a
guide and would not present a hindrance for developers. He went on to
say that the Ordinance focuses more on sizes, quantity and location of
p lant material.
Alderman Wilson stated that his main conce rn would be any delay:s
experienced by developers regarding a difference of landscaping
interpretation, City Engineer Whisker answered that site placement of the
bui lding is probably the most important part and because there is a
landscaping Ordinan ce it will go with the site plan.
Alderman Stroud po inted out that Little Rock is trying to br ing their
l andscaping ordinance closer to what Fayetteville's ordinance requires .
He went on to say that Jacksonvil l e is only encouraging developers to
save trees instead of dictating which trees can or cannot be cut.
In response to a question posed by Alderman Stroud, Planning Commission
Chai rman Art Brannen stated that he did not foresee any problems that
would cause development delays regarding landscaping requirements .
Alderman Wilson noted that he is vaguely aware that Fayetteville is
currently invo lved in a lawsuit regarding its landscaping o rdinance.
City Engineer Whisker noted that the Planning Commission has hosted
special meetings for developers who have time related constraints. He
added that he feels the Planning Commission has been responsive to
individual development situations.
Alderman Wilson requested that a checklist for commercial developments be
made available to developers including the time frame involved.
5
CITY OF JACKSONVILLE
.-no o-1\-'-'-j-·3 u : .' i_.' [ •
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7 :00 P .M. -8:15 P.M.
City Engineer Whisker stated that with the exception of the time frame
the checklist is already available in his office .
Alderman Wilson reques ted that a copy
estimates be provided to the City Council .
Planning Commiss i on agenda deadl i nes as
problems .
b . ORDINANCE 1209 (#17-03)
of the checklist with time
He then voiced concern for
a possibl e part of delay
AN ORDINANCE CREATING AND CERTIFYING TAX LIENS AGAINST REAL PROPERTY AT
VARIOUS LOCATIONS WITHIN THE CITY OF JACKSONVILLE, ARKANSAS , FOR BALANCES
DUE FROM SERVICES RENDERED BY AND/OR FOR THE CITY ; DECLARING AN
EMERGENCY; AND, FOR OTHER PURPOSES .
Mayor Swaim stated that the Ordinance provides fo r creating a tax lien
r egarding collection of funds expended on mowing or demolition of
property . He re l ated that the City filed liens against those properties
and were not always able to collect unless the property was sold . He
related that a new law allows cities to file a t ax lien o n property,
which is added to the owner 's property t a x bill making col lections more
certain. He noted that the liens would be filed on an annual basis.
Discussion ensued regarding efforts to contact property owners prior to
the liens be ing filed.
City Engineer Whisker related that bi ll s are sent to the property owner 's
address, adding that it is not sent certified. He then noted hat
condemnat i on letters are sent certified. He stated that the list
includes pass due bills since Septembe r 30, 2003 .
Mayor Swaim noted that the bills a r e sent t o whomever Pulaski County
holds as t he recorded property owner and bills are sent to the same
address used f or tax bi lls.
Alderman Ray moved, seconded by Alderman Stroud that Ordinance 1 209 be
placed on FIRST READING . ROLL CALL : Alderman Elliott, Smith, Le wis,
Sansing, Ray , Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED. Whereupon City Attorney Bamburg r ead the heading
of Ordinance 1209.
Alderman Stroud moved , seconded by Alderman Lewis that Ordinance 1209 be
accepted on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Lew i s ,
Sansing, Ray , Wilson, Fletcher, Stroud, Twi t ty and Howard voted AYE. NAY
( 0) . MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Lewis to suspen d the r ules and
place Ordinance 1209 on SECOND READING . ROLL CALL : Alderman Elliot t,
Smith, Lewis , Sansing, Ray , Wilson , Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED . Whereupo n City Attorney Bamburg
read the heading of Ordinance 1209.
6
.000074
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P.M. -8:15 P.M.
Alderman Stroud moved, seconded by Alderman Lewis to further suspend the
rules and place Ordinance 1209 on 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. Whereupon City
Attorney Bamburg read the heading of Ordinance 1209 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1209 bE~
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson , Fletcher, Stroud, Twitty and Howard voted AYE. NAY
( 0) • MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Sansing that the EMERGENC ~(
CLAUSE be attached to Ordinance 1209. ROLL CALL: Alderman Elliott ,
Smith, Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE . NAY (0). MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1209 THIS 20 TH DAY OF NOVEMBER
2003.
c. ORDINANCE 1210 (#18-03)
AN ORDINANCE WAIVING COMPETITIVE BIDDING BY THE CITY OF JACKSONVILLE,
ARKANSAS, FOR THE PURPOSE OF OBTAINING REMOTE MANAGED NETWORK SERVICES ,
SERVER INSTALLATION, SET-UP, AND DATA MIGRATION FOR THE CITY O lil'
JACKSONVILLE' S CRITICAL NETWORK INFRASTRUCTURE ; DECLARING AN EMERGENCY;
AND, FOR OTHER PURPOSES.
Finance Director Paul Mushrush related that the Ordinance is part of a:~
on-going process with Clearpointe Technology. He stated that Clearpointe
designed the City's intranet and intranet connectivity. He added that as
a result of that proposal, the City entered into a contract w1.t .~
Clearpo inte to manage a ll s e rvers, maintain security, v irus protection,
user security and intruder detection . He stated that since Clearpointe
h as managed the City's network there has not been any virus intrusions
nor any successful intruders . He stated that Clearpointe monitors the
City 24 hours a day, 7 days a week and manages all services guaranteeing
a 95. 95% up time . He noted that the City has seven servers that are
managed through Clearpointe, which includes all software upgrades . He
stated that this has resul t ed in some of the things that are being
proposed in the Police Department regarding brining on line a managej
server for their NIBR system and the Court system software . He notej
that this would place all of the City 's information technology anj
critical information under Clearpointe management and protection . He
added that he feels extremely confident in their services .
Alderman El liott moved, seconded by Alderman Smi th that Ordinance 1210 be
placed on FIRST READING .
In response to a question from Alderman Smith, Finance Director Mushrush
stated that the Ordinance would not have to be repeated on an annua l
basis and is renewable every five years within the t erms of the contract
with Clearpointe .
7
ooo o:~s
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P.M. -8 :15 P.M.
He added that the overall costs is substantially less annually and that
the Ordinance includes some current activ ity that is required to be
brought in to waive competitive bidding for Police Department and Courts
t o continue on the contract.
In response to a question from Alderman Wilson, Finance Director Mushrush
answered that the uptime has been approximately 98%, adding that the only
downtime experienced was approximately 30 real minutes internally and the
rest has been the connection to the ether net.
ROLL CALL: Alderman Ell i ott, 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 1210.
Alderman Stroud moved, seconded by Ald erman Smith that Ordinance 1210 be
accepted on FIRST READING. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Sansing to suspend the rules and
place Ordinance 1210 on SECOND READING . ROLL CALL: Alderman Elliott,
Smith, Lewis, Sansing, Ray, Wilson, F l etcher, Stroud, Twitty and Howard
voted AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg
read the heading of Ordinance 1210.
Alderman Stroud moved, seconded by Alderman Ray to further suspend the
rules and place Ordinance 1210 on THIRD and FINAL READING. ROLL CALL:
Alderman Elliott, Smith, Lewis, Sans i ng, Ray, Wilson, F l etcher, Stroud,
Twitty and Howard voted AYE . NAY (0). MOTION CARRIED. Whereupon City
Attorney Bamburg read the heading of Ordinance 1210.
Alderman Sansing moved, s econded by Alderman Smith that Ordinance 1210 be
APPROVED AND ADOPTED. ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wils o n, Fl e tcher, Stroud, Twitty and Howard voted AYE. NAY
( 0 ) . MOTION CARRIED .
Alderman Elliott moved, seconded by Alderman Smith that the EMERGENCY
CLAUSE be attached to Ordinance 1210 . ROLL CALL: Alderman Elliott,
Smith, Lewis, Sans i ng, Ray, Wilson, Fletcher, Stroud, Twitty and Howard
voted AYE. NAY (0}. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1210 THIS 20TH DAY OF NOVEMBER
2003.
d. Authority to negotiate purchase of Industrial Park railroad spur
Mayor Swaim stated tha t the City has negotiated with the LRAFB to
purchase a spur l ine that comes off the Union Pacific line servicing the
Industrial Park. He stated that LRAFB was approached three years ago
regarding service and up keep problems and asked if the City could work
with them to change ownership. He noted that the line belongs to the
Department of Defense. He related that over the last three-year period
8
r:o nt-'1"' QU t .J1 D
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7 :00 P.M. -8:15 P.M.
t he City has gone through negotiations and environmental impact studie~:
before eventually being approved and turned back to LRAFB who turned it
ove r to the Corp of Engineers. He related that the Corp of Eng ineers
advised the City to advertise for bi ds, adding that after further
negot iations, the City was able to obtain a sole source bidding
o ppo rtunity , and a property appraisal was made. He stated that following
meet ings with t he Corp of Engineer Real Es t ate Division a price wa~:
agreed upon and in order to move forward the City Coun c il must grant
autho rity to purchase the railroad spur along with any easements that run
o ff the spur. He added the he would also like authority to sell some of
the spurs no longer us ed for indust ry expans ion and othe r uses. He
stated that the appraisal price is $54,000.00 , and that he would propose
a funding combination regarding a s izab l e offer of donation with the
balance to come fr om industrial fund monies received or igi nally from a
donat ion of the F ran klin E lectric Bu i ldi ng a n d s ubsequent sells a nd
purchases of other lands . He noted that a condition of the original gift
from Franklin Electric was that the funds be dedicated to industria l
devel opment. He related that the purchase would not a ffec t the City's
General Fund . He related that while the City does not wa n t to own a.
r ailroad , the area industries were having problems getting cars moved or..
a t i mely basis. He e xpl ained that the main rai l road does not like to
stop a large t ra in and send it down the spur creating l ong delays just to
move one car, consequently some of the spur l i ne operators have agreed to
n egotiate the main line and have an eng ine on the spur . He stated that
anytime industrie s need to have a car moved they can call a nd an e ngineer
would be sent to move the car for them . He pointed out that this
a rrangeme nt would signifi cantly change downtime wait i ng for a product to
be moved or b r oug ht in . He stat ed that the arrangement would ensure
bette r se rvice fo r the i ndustry and any future area industry.
In response to a question posed by Alderma n Smith, Mayor Swa im stated
that the s pur is approximately three miles and encompasses 42 .6 acres of
easement .
Alderman Smith moved, seconded by Alderman Wilson to authorize Mayor
Swaim to negotiate purchase up to $54,000 plus closing cost and sell of
the Industrial Park railroad spur and/or any portion thereof. MOTION
CARRIED .
e. Request from Non-Profit for partnership to provide housing.
Mayor Swaim stated that Evange listi c Ministrie s, a non-profit
organi zation h as requested a partnership t o provide housing . He stated
that the City has acqui re d lots in the Sunnyside and attempted to build
houses through CDBG, wh i ch he added was not very successful. He no t ed
that i t was hard to sel l the houses even at cost. He re l ated that Bishop
Bo lden and his Church have of fer ed to help the City provide l ow -income
housing to citizens and help redevelop portions of Sunnyside . He asked
the Council t o grant permission to of fer the Church one or more lots on a
tria l basis under the condition that they would build on the lots
providing housing to low-income ci tizens in t h e Community. He rel ated
that the City has not had any l uck in giving the houses away because of
the significant cost to renovate, h aving instead to demolish t he homes .
9
CITY OF JACKSONVIL LE 000~7'7
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7:00 P.M . -8:15 P.M .
Alderman S troud expressed support for the partnership , saying that it
would be good for the City . He noted that Bishop Bo lden is doi ng good
work in that area, and recommended that the City offer him two properties
as a pilot p roject .
Alderman Stroud moved , seconded by Alderman Smith to enter into a p i lot
partnership with Evangelistic Ministries offering two properties in the
Sunnyside Addition for redevelopment.
In response to a question from Mr . David McClanahan , Mayor Swa i m stated
that the value of each lot is approximately 3 to 5 thousand dollars . He
added that the City has not been able to sel l the lots or give them to
l ocal deve l opers . He noted that recently the house and lo t at 129 Jaxon
Street appraised for $7,500.00. He then related tha t Habitat f or
Humani ty was offered some of the lots and turned them down.
At this time, MOTION CARRIED .
f. Request to renew Building and Contents Insurance Contract
Mayor Swaim reminded Council of the three lightening stri kes at the 911
Center resulting in l arge insurance claims. He explained that the City
trie d numerous avenues to keep lightening from striking the building,
pointing out that the location of the 9 1 1 Ce n ter is the highest point in
the City, plus has a tall tower on top of the building . He stated that
eventually the City had a trench dug around the outside of t he building
and buried a lightening cable, adding that there is also a cable that
run s around the inside of the bui l ding .
Finance Director Paul Mushrush stated that he was charged with finding
the best way to mitigate insurance cost. He noted that claims have put
the City 's lost ratio rate at 12 8%. He stated that after researching
thirteen separate markets, six decl ined and six had premium mi nimums that
ran as high as $100,000. He stated that the City paid $47,413.00 last
year for replacement cost insurance to cover $26,000,149 .12 in b uildi ng
and contents. He stated that t he best quote he could get this year is
$49,819 .00, adding that he felt it was a good quote . He explained that
in negotiating with Ga llagher he has managed to get one of the provi ders
to negotiate below a $50,000 minimum, adding that the City has covered
with Gallagher plans that were developed at the 911 Center . He stated
that he has sent Gallagher al l the specifications that the City has
employed to prevent lightening stri kes , such as driving stakes every ten
feet around the huge c i rcle and putting lightening strike counters on the
tower . He noted that the counter indicates that it has been struck once
but suffered no interruption. He related that what this equates to in
the long run is that since the loss ratio analysis is done on a running
five -year basis, the l oss ratio will decline given that the market is
so f teni ng after the 911 problem. He re l ated that one oth er t h ing he has
done within the budget is negotiate to assume some of the risk
int ernally . He stated that ultimately as it becomes more feas ible more
risk will be assumed . He re comme nde d that the Ci ty continue coverage
with Gallagher . It was noted that Gallagher offers local representation
in Jacksonville .
10
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7 :00 P.M. -8 :15 P.M .
Alderman Smith moved, seconded by Alderman Elli ott to approve renewal oj:
Building and Contents Insurance Contract with Gallagher. MOTION CARRIED ..
g. Request to Accept Bid/Digital Recorder for 911 Communications CenteJ~
Alderman Wilson moved, seconded by Alderman Stroud to accept the bid frox~
Dictaphone Corporation in the amount of $21,868 .50 .
911 Communications Director Brenda S ki nne r stated that seven b i ds we r e
received, adding that two bids were f or the same Di ctaphone recorder with
one bid coming in at $29,000.00 and the other at $21,000.00. She pointed
out that Dictaphone Corporation is an establ i s h ed vendor with the Ci ty .
She then related that the companies with lower b ids were not receptive to
providing a live demonstration of their product, but instead referred he:r
to t h eir website. She stated that the purchased recorder would replace
two separate pieces of equipment, the main recorder that records a ll the
te l eph o ne lines, radi o traffic and instant ca ll check which i s currently
separate from their r ecorder. She recommended the Dictaphone Corporation
at bid price $2 1,868 .5 0 , adding that $23,000.00 was budgeted for t h e
pur c h ase.
Alderman Wilson moved , seconded by Alderman Stroud amended the previou::;
motion to reject the lower b.ids for reason of non-compliance . MOTION
CARRIED.
Discussion ensued regarding the possibility of current ly annexing Murrell
Taylor to ensure more adequate emergency response, and Mayor Swa im stated
that c urr ent ly it would not be favorable to revisit that proposal. He
added that since t he school does have many children of Jacksonville
resid ents, the Ci ty fee l s obligated to provide Police and Fire
protecti on . He stated that the City contacts the school each ye ar to
provide them with emergency numbers for Jacksonville to respond even
though it is outside the j urisdiction. It was noted that annexat i on
would reduce the schools insurance premium, which was explained to them.
h. Request to approve the CDBG 2004 Annual Action Plan
Mayor Swaim noted a copy of the consolidated plan and a list of pro j ects
proposed for fol l owing year . He stated that the proposed list is a
direct result o f six public meetings held by CDBG.
In response to a question posed by Alderman Howard, CDB G Director Theresa
Wa t son stated t hat CDBG would provide a voucher sys tem that coul d be used
by t he elderly to secure t ran sportation servi ce to help them with
shopping, or even travel outside of Jacksonville to North Li t tle Rock or
She rw ood for medical reasons. She stated that the voucher wou ld be
dispensed t hrough the housing a uthority , the towers and the Jac k sonville
Senior Center.
In r esponse to a quest i on posed by Alderman Wilson, Mayor Swaim stated
that a l locat i ons were based on input from the public mee tings, and tha t
t he CDBG staff and Coun c i l represent atives made recommendations.
11
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 2 0, 2003
7 :00 P.M. - 8 :15 P.M .
Discussion ensued regarding item six of the front page , and CDBG Director
Watson clarified that i tern six referrers to the Leap and Learn . She
stated that it is a childcare center located in Cante r bury Corner. She
related that pres ently the children are playing on the asphal t, and i t i s
proposed that playground rubber and boundaries be provided t o offer them
a play area other than the asphalt.
In res ponse to a question posed by Alderman Lewis, Dire ctor Watson stated
that CDBG provides a check to the Ca re Channel Facility generally around
the 1 st of Dec ember e ach year, which is used during their Christmas
project of providing clothes, food and toys .
Mayor Swa im noted that funds are also used to assist in home l ess
situations, no t ing occasions where people are stranded in town and had to
have help to have a place to s tay.
Discussion ensued regarding the Care Channel's pol icy not to provide
cash, but ass istance regarding food and shelter .
Alderman Howard voiced concern for i tern five regarding sidewalks, he
noted that residents tend to par k on the sidewalks. He stated that he is
not sure the situation wil l improve, adding tha t if the ve h i cles are
parked in the street travel on the streets becomes difficult .
Director Watson stated that when the public hearing was held in the area,
one of the comments was that there were trees that had broken the
sidewalks making walking hazardous.
In response to question p os ed by Alderma n Fletche r, Director Watson
stated that with the exception of the Care Channel and the rehab program
funding for some of the standard projects have decreased b ecause CDBG has
monies from the previous year to dedicate to t hose projects . She t h en
answered that the allocation list does not reflect left over funds . She
related that CDBG received $340, 000.00 for 2003 and is proposing t o
receive the same for 2004. She stated that with the addition of two more
entitl ement c i ties in Arkansas it is possible that amount could be less.
In response to a question posed by Alderman Wi lson, Director Watson
ensured that all of the new p r ojects and standard project do me et the
guidel i nes.
Alderman Smith moved, seconded by Alderman Lewis to approve the CDBG 2004
Annual Action Plan . MOTION CARRIED.
BUDGET
Mayor Swaim stated that the budget has been de l ayed due to events that
have changed the budget. He noted that the City Council has a copy of
the preliminary budget of expenditures and income regarding Street,
Sanitation and General Fund. He related that the match for State
retirements increased 1.9 % and the match for LO PFI increased 4.5%, wh ich
amounts to approximately $200, 000. 00. He then noted that t he City
insurance has increased $97,000.00 for City employees .
12
oocoso
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
NOVEMBER 20, 2003
7 :00 P .M. -8:15 P.M.
He also noted an accounting change regarding Sales Tax that will change
reporting format . He stated t h at it would appear that the budget:
increases significant l y fr om 12.2 to 13.1 but over $300,000.00 is an
accounting situation.
Finance Director Paul Mushrush stated that the Governmental Accountin9
Standards Board Statement 27 is the accounting for involuntary non--
exchange transactions , which is actually property tax. He noted that in
order to get the CAFR the City has to comply substantial ly with all GASB
regulations. He related that Statement 27 states that Gene r al Fund is
the entity that must record the millage that is applied to Police and
Fire Pension and that the revenue from those property taxes are recorded
in the Pension funds as contributions from the City. He stated that in
essence it increases the General Fund Budget by $332,500.00 .
Mayor Swaim stated that a balanced budget will be presented to be
approved for January 1 , 2004. He stated that given the fact that
revenues are down and there are State mandates such as the 4.5% increase
in LOPFI that increases salary expenses $197,000.00, we are still holdi nq
the line on growth. He stated that the Department Heads did a good job
on their budgets. He stated that one area of growth included five ne••
Police Officers at an 80/20 match, pointing out that the City's share is
$120,000 .00 plus benefits. He related that the Officers are part of a
three-year program, adding that the City pays 20% of their salaries for
three year s. He stated that while that is an in crease , it offers the
City an opportunity t o add Officers at a minimal cost. He stated that he
bel i eves tax dollars are being used in a way that would make the citizens
pleased.
SALES TAX
Mayor Swaim thanked the citizens of Jacksonvill e for trusting thE~
governing body enough to pass the sales tax. He stated that none o f the
sales tax funds are projected to go into this years General Fund Budget ,
adding that the money will be set aside for the proposed pro j ect s. He
stated that the first funds wou l d be received in March of 2004 with
col le cti ons beg inning in January. He stated the Parks and Recreation
Department has been authorized to move forward with bids for the p oo1
project, adding that the project will begin wi th the $209,000 in gran1:
mon i es. He added that a schedu le is being worked to begin funding the
other projects. He stated that monies would be received a the rate of
approximately $200,000 .00 monthly, adding that it would take some time
and he hoped everyone would be patient. He expressed his appreciation to
the citizens of Jacksonville for their confidence in the passage of the
Sales Tax.
POLICE CHIEF
Mayor Swaim stated that the candidates for Pol i ce Chief had been narrowed
to three when one of the candidates accepted a job in another State. He
stated that background checks are be i ng performed presently on the
remain ing candidates.
13
APPOINTMENT(S):
CITY OF JACKSONVILLE 0001S81
REGULAR CITY COUNCIL MEETING
NOVEMBER 20 , 2003
7 :00 P .M. -8:15 P.M .
ANNOUNCEMENT(S): OPEN HOUSE CITY HALL CHRISTMAS PARTY
Mayo r Swaim a n n o unced t hat the correct date for the Ch ristmas Op e n House
is December 19th .
JAMES STREET OVERPASS
Mayor Swaim answered that information collected from the publ i c h earing
re gar ding t he overpass has not been publ i shed.
CHRISTMAS LIGHTING CEREMONY
It was announced that the lighting ceremony would be held Decembe r 4th at
6 :00 p .m . p ri or t o the n ext regularly scheduled City Counci l mee t ing .
ADJOURNMENT :
Mayor Swaim without objection, adjourned the meeting at approximately
8:15 p .m.
Respectful ly ,
14
City Council Of Jacksonville, Arkansas
AGENDA
t "·:-_.-"
Regular City Council Meeting
December 4, 2003 7:00P.M.
1. OPENING PRAYER:
2. ROLL CALL:
3 . PRESENTATION OF
MINUTES:
4 . APPROVALS AND/OR
CORRECT ION OF MINUTES:
5. CONSENT AGENDA:
Engineering
6. WATER DEPARTMENT:
7. WASTEWATER DEPARTMENT:
8 . FIRE DEPARTMENT:
9. POLICE DEPARTMENT:
10. STREET DEPARTMENT:
11. SANITATION DEPARTMENT:
12 . PARKS & REC DEPT:
13 . PLANNING COMM ISSION:
14. GENERAL: a.
b .
c.
d .
e .
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT:
Regular C ity Council Meeting
November 20, 2003
Regular City Counci l Meeting
November 6 , 2003
Regular Month ly ReporUNovember
City Engineer Whisker
Request from property owner Mr. Yancy
regarding 190 Pike Circle (Alderman Ray)
Request to close LOPFI Fund (Mayor Swaim)
ORDINANCE 12 12 (#20-03)
Condemning st ructu res and real property
at various uninhabited locations
(Mayor Swaim)
PRESENTATION: Budget 2004
(Mayor Swaim)
(available at meeting)
ORDINANCE 1213 (#21-03)
Authorizing Mayor and C ity Clerk
To complete the transfer of property and
Finalize development of North Pulaski
Waterworks Public Facilities Board
(Mayor Swaim)
CHRISTMAS OPEN HOUSE
Friday, December 19th at City Hall
12:00 p.m. to 3:00p.m.
-oo ·o-o-a3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2003
7 :00 P.M. -7:55 P.M .
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Co uncil of the City of Jacksonville, Arkansas met in Regular
Session on December 4, 2003 at the regular meeting place of the Council.
Alderman Howard delivered the invocation and Mayor Swaim l ed a standing
audience in the "Ple d ge of Alleg i ance" to the flag .
ROLL CALL: Aldermen: El l iott , Smith , Sansing, Ray, Wilson, Twitty, and
Howard answered rol l call. Mayor Swaim also answered ROLL CAL L declaring a
quorum. PRESENT seven (7), ABSENT (3). Alderman Lewis , F l etcher and Stroud
were absent .
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Pa l ermi ti, Direct or of Adminis t ration Murice Green, Human
Resou rce Director Charlie Brown , Finance Director Paul Mu shrush, Finance
Accountant Ch eryl Erkel , City Engineer Jay Whisker, Public Works Director
Jimmy Oakley , CDBG Director Theresa Watson , Parks and Recreation Director
George Biggs, Police Captain Baker , Fire Chief Vanderhoof , Pl anning
Comm i ssion Chairman Art Brannen , Chamber of Commerce Director Bonita
Rownd , Justice of the Peace Dennis Sobba , Mrs. Judy Swaim, Mrs. Barbara
Green, Mrs. Edi th Smith, Mr. Larry Smith, Mr. Da vid McClanahan ,
inter ested citizens and members of the press .
PRESENTATION OF MINUTES :
Mayor Swaim presented the minutes of the Regular City Council meeting of
November 20 , 2003 for a pprova l and/or correction at the next Regularly
Scheduled Ci t y Council Meeti n g.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Ray that the minutes of the
Regular City Council Meeting of 6 November 2003 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT /ENGINEERING
Alderman Elliott moved, seconded by Alderman Howard to
Regular Monthly Engineering Report for November 2003 .
reflects:
approve the
Said report
PERMITS/LICENSE ISSUED
Building Permits
Business License
UNSIGHTLY & UNSANITARY
Grass Lett e r s
Property Mowed
Trash Letters
16
8
16
26
15
T rash Removal 2
Cost for November$ 1,331.8 7
1
INSPECTIONS PREFORMED
Building Inspections
HVACR
Electrical
Plumbing
VEHICLES
Notice of Noncomp l iance
Towed
CONDEMNATIONS
Structural Ma int. Letters
Structural Repairs Made
Demolitions
78
61
85
31
76
9
5
0
0
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4 , 2003
7:00 P .M. -7:55 P.M .
ROLL CALL : Aldermen E lliott, Smith, Sans i ng , Ray , Wilson, Twitty 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 from property owner Mr. Yancy at 190 Pike Circle
Alde r man Ray state d that he had been contacted by Mr. Yancy regarding the
res i de~ce at 190 Pike Circle . He stated that Mr. Yancy had requested
additional time for repairs. He then noted that he and Alderman Stroud
had investigated the progress at 190 Pike Circle and determined that they
wou l d be in favor of granting Mr. Yancy additional time to bring the
house back to Code.
City Engineer Whisker added that Mr . Phillips of 1 62 Roosevelt is also
requesting additiona l time fo r r epa i rs. He stated that both have jobs
a n d are working on the properties in the evenings .
Discussion ensued regarding a suitable amount of time for complet ion of
repairs and it was noted that any debris should be removed from those
residences. I t was also suggested that a progress report be filed with
t h e City Council .
Alderman Ray moved, seconded by Alderman Wilson to grant a 90-da~f
extension to Mr. Yancy regarding the residence at 190 Pike Circle and tc:>
Mr. Phillips regarding the resi dence at 162 Roosevelt stipulating that :
debris be removed within 30-days and progress reports be filed every 3 0
days . MOTION CARRIED .
City Eng ineer Whisker relat e d that demolition has begun 307 South Oak ,
but added that e f forts to demolish 1 12 South Elm had not begun yet .
It was the consensus of the City Council to proceed with demo l ition a t
112 South Elm.
b . Request to close LOPFI Fund
Finan ce Director Paul Mushrush stated that current ly the LOPFI Fund is
not being used because the State I nsurance Turnback Funds are required
under State Law to be established into a separate fund with a separate
checking account . He stated that distribution is now made directly to
the F ire and Police Pension funds and the other funds go to the State
plan for active uniformed Police and Fire and is held at LOPFI regarding
monthly credits. He stated t hat there is no longer a statutory need t8
maintain a local fund or checking account.
2
..-.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4 , 2003
7:00 P .M. - 7 :55 P.M.
Alderman Wilson moved , seconded by Alderman Ray to close the LOPFI
checking account and fund . MOTION CARRIED .
c. ORDINANCE 1212 (#20-03)
AN ORDINANCE CONDEMNING STRUCTURES AND REAL PROPERTY AT VARIOUS
UNINHABITED LOCATIONS LISTED BELOW IN JACKSONVILLE , ARKANSAS , FOR
STRUCTURAL DEFECTS, DEFICIENCIES, AND PUBLIC HAZARD CONDITIONS ; AND, FOR
OTHER PURPOSES .
Al derman Elliott moved , secon ded by Alderman Smith that Ordinance 1212 be
placed on FIRST READING. ROLL CALL: Al derman Ellio tt, Smi th, S ansing,
Ray , Wi l son, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED.
Whereupon City Atto rney Bamburg rea d the h eading of Ordin ance 1212 .
Alderman Wi l s on moved , seconded by Alderman Ray t hat Or dinance 1212 be
APPROVED on FIRST READING.
In response to a q u esti o n from Alderman Sm ith , City Engineer Whisker
responded that Mr . Davidson purchase d bu i lding p e rmit s for t h ree
p ropertie s but did not complete the repairs .
Mayor Swa im n ot ed t hat comm u nication with Mr. Davidson began regarding
one of t h e properties as early as 1996, adding that the property i s still
n ot repaired .
City Engineer Whisker stated that t he property at 1 1 7 Joiner was on the
list in 1996.
ROLL CALL : Alderman Elliott, Smith , San sing , Ray, Wil son, Twitty, and
Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Ra y moved, seconded by Alderman Sans i ng that Ordinance 1212 be
placed on SECOND READING . ROLL CALL : Alderman El l iott, Smith, Sans i ng,
Ray , Wilson , Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED.
Wh ereupon Ci ty Attorney Bamburg read t he heading of Ordin ance 1212 .
Alderman Smi th mo ved , seconded by Alderman Ray that Ordinance 1212 be
placed on THIRD and FINAL READING.
Mr. Alex
the City
August.
prepared
Gua jardo o wn e r of the proper ty at 124 Galloway Circle add ress e d
Council , r elating t hat he recently purchased the property in
He stated that he has completed many imp r ovements and has
a list of t hose improvement s .
Ci t y Engin eer Whi sker stat ed t h at Mr. Guajardo started repairs to the
property and submi tted a scheduled repair list but did not meet his
timeline regarding those repairs .
I n response to a question from Alderman Ray, Mr . Gua j ardo reviewed an
extens ive l ist of demolition regarding t he plumbing, electrical a n d
interior wal l s. He added that h e has mowed t h e g rass and removed debris.
3
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2003
7:00 P.M . -7:55 P.M.
He went on to state that the floor joist, floor and roof decking have
been replaced and that the house has new plumbing, shingles, fascia
boards and new interior walls. He went on to explain that he was sent to
school for three weeks regarding his employment and was unable to do any
work on the house during that time. He then answered that he plans to
finish the job, adding that the City inspector has pass the structural
soundness of the completed work. He requested a 60-day extension.
It was noted that the condemnation process provides a 90-day window for
compliance.
ROLL CALL: Alderman Elliott, Smith, Sansing,
Howard voted AYE. NAY (0). MOTION CARRIED.
Bamburg read the heading of Ordinance 1212.
Ray, Wilson, Twitty, and
Whereupon City Attorney
Alderman Ray moved, seconded by Alderman Sansing that Ordinance 1212 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith, Sansing, Ray ,,
Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1212 THIS 4m DAY OF DECEMBER 2003.
d. PRESENTATION Budget 2004
Mayor Swaim noted that a draft budget has been provided. He asked tha ~
Council members review the budget and prepare questions for the nex·c
regularly scheduled City Council meeting. He noted that the growth in
the budget is not as much as it appears given changes in property tax,
explaining that the property tax is reflected in the General Fund and
then into the Expenditure fund. He stated that prospects for funding th ~~
budget five-years out have been projected and he and Mr. Mushrush fee.l
comfortable that the projections are on track. He noted that there were
additional cuts in the budget and that there will be some changes i n
Departments, adding that all Department Heads have been very cooperative.
He stated that the draft budget being presented is a passable and
feasible budget for next year.
Alderman Wilson questioned why sales taxes are not included as general
revenues but are shown as transfers.
Mr. Mushrush related that the sales tax funds are maintained in a
separate Sales Tax fund. He stated that the funds are appropriated as 3
general revenue, adding that a separate fund serves as a tracking
mechanism for revenue and distribution. He noted that the new one-cent
sales tax will be tracked so that each project is funded exactly as
planned. He then answered that within the Sales Tax Fund there are
separate line items.
Mayor Swaim clarified that prior to his tenure, an ordinance was passed
that set up three separate funds regarding sales tax money, the Capital
Improvement Fund, Equipment, and Drainage fund. He noted that sales tax
funds were never allocated to those funds, but were instead put in the
General Fund. He related that when he became Mayor, he began allocating
sales tax funds into the separate funds for tracking and accountability
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4, 2003
7:00 P.M. -7:55 P .M.
purpo ses . He noted that the fund division would allow separate
accounting regarding monies collected to build the college, Police and
Fire training fac i li ty and the pool.
Mr. Mushrush added that there would be a schedule in the annual audit to
show the appropriations and expenditure for each of the years .
Mayor Swaim asked Mr. Mushrush to elaborate on the actual growth of the
budget.
Mr . Mushrush stated tha t page 8 shows the change in the expenditure
budget to be 6.84% because of invo l untary non-exchange transactions being
required to be reported in the General Fund. He noted that the non-
inflated actual change to be 4. 13% over last year's budget. He then
s ta ted that the other significant issue is the change in the LOPFI
subsidy (State Insurance Turnback funds), which inflated the expenditure
budget but d i d not i mpact the revenue side of the budget . He noted that
the City was previously funded at a rate of 71% regarding u niformed LOPFI
but is now funded at 41%, representing a true expenditure change . He
stated that without consideration to those two i tems impacting operations
regarding the General Fund operating budget is 2.57% which is the figure
he considers when calcu l ating long-te rm funding impacts regarding 2008
and 2009.
Mayor Swaim stated that i n essence that is the only real growth in the
budget, adding that the rest is forced or unfunded mandates. He stated
the budget would be before the City Council at the next regularly
scheduled meeting for consideration .
ORDINANCE 1213 (#21-03)
AN ORDINANCE AUTHORIZING THE MAYOR AND CITY CLERK TO EXECUTE DOCUMENTS TO
COMPLETE THE TRANSFER OF PROPERTY AND FINALIZE DEVELOPMENT OF THE NORTH
PULASKI WATERWORKS FACILITIES BOARD ; DECLARING AN EMERGENCY ; AND, FOR
OTHER PURPOSES .
Mayor Swa im stated that an ordinance is required to help the new City
Facilities Board, formally the North Pulaski Water Users Association,
regarding the transferr i ng of assets back and forth. He asked that the
Ci ty Council suspend the rules and place Ordinance 1213 on First Reading .
Alderman Wilson moved , seconded by Alderman Ray to suspend the Rules and
place Ordinance 1213 on the Agenda. ROLL CALL : Alderman Elliott, Smith,
Sansing , Ray, Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1213 .
Alderman Wilson moved, seconded by Alderman Ray to place Ordinance 1213
on FIRST READING. ROLL CALL: Alderman Elliott, Smith , Sansing, Ray ,
Wilson , Twitty, and Howard voted AY E . NAY ( 0) . MOTION CARRIED.
Whereupon City Attorney Bamburg read the heading of Ordinance 1213 .
5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 4 , 2003
7 :00 P .M . - 7 :55 P .M .
Mayor Swaim expl ained that the assets would be transferred from the North
Pulaski Wat e r Users Association to the City of Jacksonville a nd then to
the New Facilities Board. He added that the Ordinance addresses any
legal questions .
Alderman Wi l son moved, seconded by Alderman Sansing that Ordinance 1 2 1 3
be APPROVED on FIRST READING. ROLL CALL: Alderman Ell i ott, Smith,
Sansing, Ray , Wilson, Twitty, and Howard voted AYE. NAY (0). MOTION
CARRIED .
Alderman Ray moved, seconded by Alderman Howard that Ordinance 1 2 13 bE!
placed on SECOND READ I NG . ROLL CALL : Alderman Elliott , Smith , Sansing,
Ray , Wilson , Twitty, and Howard v o ted AYE . NAY (0). MOTION CARRIED .
Whereupon City Attorney Bambu r g read the heading of Ordinance 12 1 3.
Alderman Smith moved , seco nded by Alderman Sansing that Ordinance 1213 be
placed on THIRD a n d FINAL READING . ROLL CALL : Alderman Elliott, Smith,
Sansing, Ray, Wilson, Twitty , and Ho ward voted AYE. NAY (0). MOTION
CARRIED. Whereupon City Attorney Bamburg read t h e heading of Ordinance
1213 .
Alderman Wilso n moved, seconded by Alderman Ray t hat Ordinance 12 1 3 bE!
APPROVED AND ADOPTED. ROLL CALL : Alderman El l i ott , Smith, Sansing , Ray,
Wilson, Twitty, and Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Smith moved, seconded by Alderman Wilson that t he EMERGENC1r
CLAUSE be APPROVED AND ADOPTED. ROLL CALL : Alderman E l l iott , Smith,
Sansing, Ray, Stroud, Twitty, and How ard voted AYE. NAY (0). MOTION
CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1 213 THIS 4 TH DAY OF DECEMBER 2003 ..
DRAFT SIGN ORDINANCE : Mayo r Swaim noted that the draft Sign Ordinance
has been provided , a d d i ng that the Plann i ng Commission wi l l revi ew the
Ordinance at their regularly scheduled meet i ng Monday December s th at 7 : 00
p.m . for Council members wishing to attend .
ANNOUNCEMENT(S): Mayor Swaim invited the public to attend t h e annual
Christmas Open House Friday, December 19t h at City Hall 12:00 p.m. to 3 :0 0
p .m .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting a 1:
approximately 7:55p.m .
Sl1IJ: Davi t ~
City Clerk-easurer
6
City Council Of Jacksonville, Arkansas
AGENDA
Regular City Council Meeting
December 18, 2003 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
December 4, 2003
Regular City Council Meeting
November 20 , 2003
Regular Monthly Report/November
Public Works Director Oakley
Regular Monthly Report/November
Chief Vanderhoof
Regular Monthly Report/November
Acting Chief Baker
ORDINANCE 1216 (#25-03)
r"' ~ • t I
000 0.9-9
Promulgating regulations and rules regarding
crematoriums (Mayor Swaim)
14 GENERAL:
15. APPOINTMENTS:
16. ANNOUNCEMENTS :
ADJOURNMENT:
a ORDINANCE 1214 (#23-03) Adopting
a fiscal budget for 2004 (Mayor Swaim)
b. ORDINANCE 1215 (#24-03) Creating an
anti-biased based policing/racial profiling
policy (Mayor Swaim)
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 18, 2003
7:00 P.M. -7:37 P .M.
REGULAR CITY COUNCIL MEETING -CITY HALL -#1 MUNICIPAL DRIVE
The City Council of t h e City of Jacksonvi lle, Arkansas met in Regular
Session on December 1 8 , 2003 at the regular meeting place of the Council ..
Alderman Howard delivered the invocation and Mayor Swaim led a standinq
audience in the "Pledge of Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Sansing, Ray, Wilson, Fletcher ,,
Stroud, Twitty, and Howard answered roll call. Mayor Swaim also answered
ROLL CALL declaring a quorum. PRESENT ten (10), ABSENT (0). Alderman Lewi:3
arrived at approximately 7:07 p.m .
Others present for the meeting were: City Attorney Bobby Bamburg, Deputy
Clerk Heather Palermiti, Director of Administration Murice Green, Human
Resource Director Charlie Brown, Finance Director Paul Mushrush, City
Engineer Jay Whisker, Public Works Director Jimmy Oakley, CDBG Director
Theresa Watson, Parks and Recreation Director George Biggs, Police
Captain Baker, Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. Edith Smith ,
Mr. Larry Smith, Mr. David McClanah an , interested citizens and members o:E
the press.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council meeting of
December 4 , 2003 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 tht:
Regular City Council Meeting of 20 November 2003 be APPROVED. MOTION
CARRIED.
CONSENT AGENDA: REGULAR MONTHLY REPORT/ANIMAL CONTROL
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular
Monthly Animal Control Report for November 2003. Said report reflects:
ADOPTION/FINES:
CONTRIBUTIONS:
TOTAL:
$804.50
$ 10.00
$814.50
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Elliott t o approve the Regular
Monthly Report for November 2003. Said report reflects the Total Value of
Reported Stolen Property $66,297. Total Value of Recovered Stolen Property
$15,600 and Total Report Sales $375.00.
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Elliott to approve the Regular
Monthly Report for November 2003 f rom the J acksonville Fire Department,
which reflects a fire loss of $36,900 and a savings total of $185,500.
ROLL CALL : Aldermen Elliott, Smith, Sansing, Ray, Wilson, Twitty and
Howard voted AYE. MOTION CARRIED.
1
WATER DEPARTMENT:
WASTEWATER DEPARTMENT:
FIRE DEPARTMENT :
POLICE DEPARTMENT :
SANITATION DEPARTMENT :
STREET DEPARTMENT:
PARKS & RECREATION:
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 18, 2003
7 :00 P .M. -7:37 P.M.
PLANNING COMMISSION : ORDINANCE 1216 (#25-03)
AN ORDINANCE AMENDING AND MODIFYING JACKSONVILLE MUNICIPAL CODE §§
18.44.030, 18 .48.030, 18 .52.030, 18.56.030, AND 19 .60 .020 ; PROMULGATING
REGULATIONS AND RULES REGARDING THE INSTALLATION AND USAGE OF A
CREMATORIUM WITHIN THE CITY OF JACKSONVILLE; AND, FOR OTHER PURPOSES .
Alderman Wilson moved, seconded by Alderman Smith that Ordinance 1216 be
placed on FIRST READING .
Alderman Wi l son stated that current ordinances do n ot address the
installation and usage of cremato riums which was brought abo ut as a
dire c t request from the loca l funera l h o me.
Alderman Stroud stated that no one in oppos ition attended the Planning
Comm i ssion public hearing, adding that he would like to see the Or dinance
tabled for third reading until the ne xt regular l y scheduled City Council
meeting. He noted that Litt le Rock and North Little Rock have
crematoriums and expressed that they have had no problems with those
operat i o n s .
ROLL CALL: Alderman Elliott , Smith , Sans ing , Ray, Wi l son , Fletcher ,
Stroud , Twitty, and Howard voted AYE. NAY (0). MOTION CARRIED .
Whereupon City Attorney Bamburg read the heading of Ordinance 1 216 .
Alderman Ray moved , seconded by Alderman Wilson that Ordinance 1 216 be
APPROVED on FIRST READING.
Mr . John Harris of Moore 's Jacksonville Fun eral Home related that he had
met with t h e P l anning Commi ssion and explained the need for a crematorium
in the Jack sonville area . He stated t h at research supports that a modern
cremato r y is undet ectable and emissions are monitored b y EPA . He noted
that he is aware of unpopular public opinion because of events such as
what occurred in Georgia . He related that regulations have been put in
place to make crematoriums friendly t o the environment . He then a n swered
that t h e cremato riums are permitted , regu lated, l icensed and tested
through EPA.
Alderman Twitty support ed t h e proposal of a cremator i um , noting that
increasin g it is b ecoming t h e choice of dispos i tion .
Mr. Harri s offered that 15% is the rate of cremation in the State, adding
t hat projecti ons for 201 0 is 27% and by 2025 the percentage is projected
to be 37%.
2
CI TY OF JACKSONVILLE
REGULAR CITY COUNCI L MEET I NG
DECEMBER 18 , 2003
7 :00 P.M. -7 :37 P .M .
He stated that the rise in cremations is more of a preference and social
issue rather than a land issue .
In response t o a question posed by Alderman Lewis, Mr . Harris responded
that the cremator i um wou l d have a stack t h at wou l d not be detectable ,
showing the Council a picture of the proposed plans.
ROLL CALL : Alderman Elliott , Smith , Lew i s , Sans i ng, Ray , Wilson,
Fletcher, Stroud, Twitty , and Howard voted AYE . NAY (0). MOTION CARRIED .
Alderman Stroud moved , seconded by Alderman Wi lson that Ordinance 1216 be
placed on SECOND READI 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 t he heading of
Ordinance 1216 .
Alderman Stroud moved, seconded by Alderman Ray that Ordinance 1216 be
p l aced on THIRD and F I NAL READI NG .
Alderman Stroud moved , seco nded by Alderman Howard to table the third ancl
final reading of Ordin ance 1216 until t he next regul arly scheduled Ci t y
Council meeting .
Alderman Wilson clarified that if the Ordinance is approved the request
for a conditional use would stil l have to be advertis ed for a publ i c
hearing by the Planning Commission offering the public an opportunity to
respond to the request.
Discussion ensued as to the time frame involved through the p u blic
hearing process and it was determined that the public hearing would bE!
held in February if the Ordinance is pass tonight and Ma rch if the third
reading is de l ayed until the next regular l y scheduled City Council
mee t ing.
Alderman Fletcher pointed out that passage of the Ordinance does not:
involve granting permi ss i on for the crematorium but establishing the
ope r ating regulations . He noted that the Planning Comm i ssion wou l d
approve the conditional use of a crema t o r ium in a public hearing,
offering the publ ic an opportun i t y to have input.
Mayor Swaim noted that the Ordinance would provide for a Conditional use
zoning amendment, adding that a conditional use request would still have
to be submitted by the Funeral Home for the Planning Commission to host a
public hearing. He stated that the Ordinance would amend the zonin<;;r
ordinance to allow a Condition Use for crematoriums in the various zones .
ROLL CALL : Alderman Sansing, Stroud, and Howard voted AYE.
Elliott, Smith, Lewis, Ray, Wilson , F l etcher, and Twitty ,
MOTION to table third ana fin al readi ng FAILED .
3
Alderman
NAY (0).
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 18, 2003
7 :00 P .M. - 7 :37 P .M.
ROLL CALL: Al derman Elliott, Smith, Lewis, Sansing, Ray, Wilson,
Fletcher, Stroud, Twitty , and Howard vo ted AYE . NAY (0). MOTION
CARRIED . Whereupon City Attorney Bamburg read the heading of Ordinance
1216.
Alderman Smith moved, secon ded by Alderman Ray that Ordinance 1 216 be
APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith , Lewis,
Sansing, Ray , Wilson, Fletcher, Stroud, Twitty, a n d Howard voted AYE .
NAY ( 0) . MOTION CARRIED .
ORDINANCE APPROVED, ADOPTED AND NUMBER 1216 THIS 18H DAY OF DECEMBER 2003.
GENERAL : a. ORDINANCE 1214 (#23-03)
AN ORDINANCE ADOPTING A FISCAL BUDGET FOR 2004 ; 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 Ell i ott moved, seconded by Al derman Smith that Ordinance 1214 be
placed on FIRST READING. ROLL CALL : Al derman E lliott , 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 1214 .
In response to a comment from Alderman Wilson, Mayor Swaim related that
no funds from the projected one -cent sales tax income entered into the
balancing of the 2004 budget , or anticipated funds regarding a decision
from the courts on the sales tax funds.
In response to a question from Alderman Smith, Mayor Swaim related that
the max imum 3 .5 percentage were given to bring employees to prevailing
wage , adding that the minimum raise was $700 .00 based on a sliding scale
regarding prevai ling wage.
Di scussion ensued regarding Entergy franchise fee s and the al l o tme n t f or
mosquito control regarding various approaches t o control.
Mayor Swaim commended the Finance Department for their wo rk on the budget
and the Department heads for their cooperation.
Al derman Howard moved, seconded by Alderman Smith that Ordinance 1214 be
APPROVED on FIRST READING . ROLL CALL: Alderman Elliott, Smith, Lewis,
Sansing, Ray, Wi lson , Fletcher, Stroud, Twitty , and Howard voted AYE. NAY
(0). MOTION CARRIED.
4
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 18 , 2003
7:00 P .M. - 7 :37 P .M.
Alderman Howard moved, seconded by Alderman Ray that Ordinance 1214 be
placed o n SECOND READ I NG . ROLL CALL : Alderman Ell iott , Smith, Lewis ,
Sansing, Ray , Wilson, F l etcher, Stroud, Twitty, and Howa rd voted AYE. NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the headi ng of
Ordinance 12 1 4.
Alde r man Stroud moved, seconded by Al derman Wilson that Ordinance 1 214 be
placed on THIRD and F I NAL READING. ROLL CAL L : Alde rman E l liott, Sm i th ,
Lewis, Sansing, Ray, Wilson, Fletcher, Stroud, Twitty, and Howard voted
AYE. NAY (0). MOTION CARRIED . Whereupon City Attorney Bamburg read the
heading of Ordinance 1214.
Al derman Smith moved, seconded by Alderman Ray that Ordinance 1214 be
APPROVED AND ADOPTED . ROLL CALL : Alderman Elliott, Smith, Lewis,
Sansing , Ray, Wi l son, Fletcher, Stroud, Twitty, a nd Howard voted AYE.
NAY (0). MOT I ON CARR I ED.
Alderman Elliott moved , seconded by Alderman Ray that the EMERGENC Y
CLAUSE be approved and adopted. ROLL CALL : Alderman Elliott, Smith,
Lewis , Sansing, Ray , Wi l son, F l etcher, Stroud , Twitty, and Howard voted
AY E. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1214 THIS 18TB DAY OF DECEMBE R
2003.
ORDINANCE 1215 (#24-03)
AN ORDINANCE CREATING AN ANTI-BIASED BASED POLICING/RACIAL PROFIL I N<;
POLICY FOR THE CI TY OF JACKSONVILLE POLICE DEPARTMENT TO FOLLOW ;
DECLARING AN EMERGENCY ; AND , FOR OTHER PURPOSES .
Mayor Swaim stated that the City has not had any complaints or problems
in this area, but under Federal law and S tate statue, each city is
required to adopt the policy by ordinance . He related that the policy
was prepared and reviewed by the City Attorney and was formed after a
model ordinance provided by the Arkansas Municipal League . He added that
the Pol i ce Department provided input, which was reviewed by the Huma :1.
Resource Departmen t. He noted that adopt i on of the po l icy brings th·~
City into State law complianc e. He rei t erated that this is not i:1.
response to any complaint or any problem the City has had .
Alderman Elliott moved, seconded by Alderman Ray t hat Ordinance 1215 be
placed on FIRST READING . ROLL CALL : Alderma n Elliott, Smith, Lewis,
Sansing , Ray, Wi lson, Fletcher , Stroud, Twitty and Howa rd voted AY E . NAY
(0). MOTION CARRIED . Whereupon City Attorney Bamburg read the heading of
Ord inance 1215.
Alde r man Smith moved, seconded by Alderman Lewis that Ordinance 1215 be
APPROVED on FIRST READING . ROLL CALL : Alderman Elliott, Smith , Lewis,
Sansi ng, Ray, Wilson, Fletcher, Stroud, Twitty and Howard voted AYE. NAY
(0). MOTION CARRIED .
5
· 000G9 5
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
DECEMBER 18 , 2003
7:00 P.M . -7:37 P .M.
Alderman Howard moved, seconded by Alderman Ray to suspend the rules and
place Ordinance 1 215 on SECOND READING . ROLL CALL : Alderman E lliott ,
Sm ith, Lewis, Sansing, Ray, Wilson, Fletcher , Stroud, Twitty and Howard
voted AYE . NA Y (0). MOTION CARRIED . Whereupon City At torney Bamb u rg
read the heading of Ordinance 1215.
Alderman Ray moved, seconded by Alderman Lew i s to further suspend the
rules and place Ordinance 1215 on THIRD AND FINAL READING. ROLL CALL:
Alderman Ell i ott, Smith , Lew i s , Sansing , Ray , Wilson, Fletch er, Stroud,
Twitty and Howard voted AYE. NAY (0). MOTION CARRIED . Whereupon City
Attorney Bamburg read the heading of Ordinance 1215 .
Al derman E l liott moved, seconded by Alderman Smith, that Ordinance 1215
be APPROVED AND ADOPTED . ROLL CALL: Alderman Elliott, Smith , Lew i s,
Sansing, Ra y, Wilson , Fletcher , S t roud, Twitty and Howard voted AYE. NAY
( 0) • MOTION CARRIED .
Alderman Elliott moved, seconded by Alderman Lewis that the EMERGENCY
CLAUSE be APPROVED AND ADOPTED. ROLL CALL : Alderman El l iott, Smith,
Lew i s , Sansing , Ray , Wi lson, F l etcher, Stro u d, Twitty and Howard vot ed
AYE. NAY (0). MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBER 1215 THIS 18H DAY OF DECEMBER 2003.
Alderman Howard moved, seconded by Alderman Stroud to cancel the
following regularly scheduled City Council of January 1, 2004 because of
the holiday. MOTION CARRIED.
ANNOUNCEMENT (S) : Mayor Swaim stated that City Hall will be closed
January 1, 2004 New Year's Day, adding that Ci ty Hall wo uld be opened the
following Friday .
He stated t hat City Hall Open House will begin at 1 2 :00 p .m . tomorrow and
City recognition wil l begin at 2:00 p .m .
ADJOURNMENT: Mayor Swaim without objection adjourned the meeting a t
approximately 7:37 p .m.
Respectfully,
6